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Delhi Court July 2018 Judgments

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Jul 30 2018

Future Generali India Insurance Co Ltd. Vs.umesh Chand Jain & Ors

Court: Delhi

Decided on: Jul-30-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI * Date of Decision: July 30, 2018 FUTURE GENERALI INDIA INSURANCE CO LTD....Appellant Through: Mr. Rajeev M. Roy, Advocate + MAC.APP. 979/2016 & CM436002016 + MAC.APP. 981/2016 & CM436722016 + MAC.APP. 982/2016 & CM437092016 + MAC.APP. 985/2016 & CM438782016 Versus UMESH CHAND JAIN & ORS RASHMIKA JAIN & ORS SWATI JAIN & ORS AJAY KUMAR JAIN & ORS .....Respondents Through: Mr. Sanjay Kumar Singh and Mr. Rakesh Satija, Advocates for respondents-Claimants CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) Impugned Award of 24th September, 2016 rendered by Motor 1. Accident Claims Tribunal (henceforth referred to as the Tribunal) grants compensation to respondents-Claimants on account of death of a businessman-Ashish S/o Rajender Kumar Jain, aged 34 years; a Senior Finance Officer-Abhishek S/o Ajay Kumar Jain, aged 28 years and an Executive-Nidish, son of Umesh Chand Jain, aged 28 years and a Sales Executive-Abhishek S/o Anand Jain, aged 29 years. ...


Jul 30 2018

Jainis Dubey vs.bank of Baroda & Anr

Court: Delhi

Decided on: Jul-30-2018

$~63 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:30. h July, 2018 LPA4052018 JAINIS DUBEY ..... Appellant Through: Mr. Anurag Dubey and Mr. Rajesh Pathak, Advs versus BANK OF BARODA & ANR ........ RESPONDENTS Through: Mr. Bhupendra Singh Chauhan, Adv for R-1&2 CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANI, J.(ORAL) LPA4052018 and CM No.29735/2018 (stay) 1. The present appeal has been filed by the appellant under Clause X of the Letters Patent against the interim order dated 16.07.2018 passed by learned Single Judge of this Court vide which an interim application filed along with the writ petition seeking stay of the inquiry proceedings has been rejected.2. The facts to be noticed for the dismissal of the appeal, are that the appellant has been employed with the respondent-bank as a Probationary Officer in the Foreign Exchange (Forex) Department. The respondent registered a complaint with the CBI on 9.10.2015 for the FOR...


Jul 30 2018

Saugata Roy vs.pec Ltd

Court: Delhi

Decided on: Jul-30-2018

$~65 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:30. h July, 2018 LPA4072018 SAUGATA ROY ..... Appellant PEC LTD Through: Mr Viraj R. Datar and Mr Nitish Chaudhary, Advs versus ..... Respondent Through: Mr Sageen Narula and Mr Krish Kalua, Advs CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANI, J.(ORAL) CM No.30044/2018 (exemption) Exemption is allowed subject to just exceptions. Application stands disposed of. LPA4072018 and CM No.30043/2018 (ad-interim relief) 1. The present appeal is directed against the order dated 25.07.2018 passed by a learned Single Judge of this Court vide which the prayer seeking interim relief has been rejected. Mr Narula, learned counsel for the respondent, has entered appearance. With the consent of the parties, the appeal is taken up for hearing and final disposal. LPA4072018 Page 1 of 7 2. The necessary facts to be noticed for the disposal of this appeal are that the appellant has been employe...


Jul 30 2018

Sh. Parveen Gupta vs.m/s Star Share & Stock Brokers Ltd.

Court: Delhi

Decided on: Jul-30-2018

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:30. h July, 2018 + O.M.P. 359/2009 SH. PARVEEN GUPTA ........ Petitioner Through: Mr. Rajesh Banati and Mr. Ankit Banati, Advocates. (M:9810294894) versus M/S STAR SHARE & STOCK BROKERS LTD. ..... Respondent CORAM: JUSTICE PRATHIBA M. SINGH Through: None. Prathiba M. Singh, J.(Oral) I.A. 7671/2017 (revival of petition) 1. Petition is revived in view of the RTI reply dated 17th April 2018, issued by the Registrar, Bombay High Court, placed on record which clearly mentions that the Winding up Petition has been dismissed.2. I.A. is disposed of. O.M.P. 359/2009 3. This petition is filed under Section 34 of the Arbitration & Conciliation Act, 1996 (hereinafter, 1996 Act) praying that the award dated 6th March, 2009, passed by the Panel of Arbitrators constituted by National Stock Exchange India Ltd., be set aside.4. Brief background is that the... Petitioner was the claimant before the National Stock Exchange (NSE) and had filed...


Jul 30 2018

Skyview Consultants Pvt. Ltd. Vs.income Tax Officer Ward 23(4), New De ...

Court: Delhi

Decided on: Jul-30-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:30. 07.2018 + W.P.(C) 11324/2017, C.M. APPL.46251/2017 SKYVIEW CONSULTANTS PVT. LTD. ........ Petitioner INCOME TAX OFFICER WARD234), NEW DELHI AND ANR. Through : Dr. Rakesh Gupta, Sh. Sonil Agarwal, Ms. Monika Ghai and Sh. Rohit Kumar Gupta, Advocates. versus ........ RESPONDENTS Through : Sh. Zoheb Hossain, Sr. Standing Counsel with Sh. Deepak Anand, Jr. Standing Counsel. CORAM: HONBLE MR. JUSTICE S. RAVINDRA BHAT HONBLE MR. JUSTICE A.K. CHAWLA MR. JUSTICE S. RAVINDRA BHAT % 1. The writ petitioner, which is engaged in consultancy business in the segment of product promotion and sales services marketed by M/s. Seagrams India Ltd is aggrieved by the re-opening of its assessment for A.Y. 2010-11 under Section 148 of the Income Tax Act, 1961 [hereafter the Act].. It seeks directions for quashing of the reassessment notice.2. The facts briefly are that for two previous years A.Y.s 2007-08 and 2008-09, orders seeking to re-examine the o...


Jul 30 2018

South Delhi Municipal Corporation vs.shri Irmeet Singh Kohli

Court: Delhi

Decided on: Jul-30-2018

$~ * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:30. h July, 2018 + W.P.(C) 982/2017 SOUTH DELHI MUNICIPAL CORPORATION Through: Mr. Jagdish Sagar, Adv. versus ........ Petitioner SHRI IRMEET SINGH KOHLI ..... Respondent Through: Mr. Ashish Garg, Adv. + W.P.(C) 6274/2017 & CM No.25985/2017 M/S AMRIT ESTATE (P) LTD Through: Mr. Ashish Garg, Adv. ........ Petitioner versus SOUTH DELHI MUNICIPAL CORPORATION AND ANR ........ RESPONDENTS Through: Mr. Jagdish Sagar, Adv. Ms. Eshita Baruah, Adv. on behalf of Mr. Gaurang Kanth, Adv. for SDMC. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT1 M/s Amrit Estate (Pvt.) Ltd., petitioner in W.P.(C) 6274/2017 is respondent in W.P.(C)982/2017. For the sake of convenience, M/s Amrit Estate (Pvt.) Ltd. is referred to as the petitioner and South Delhi Municipal Corporation is referred to as Corporation. W.P.(C) Nos. 982/2017 & 6274/2017 Page 1 of 12 2. The petitioner is the owner of property No.E-1A, Kailash Colony, New Delhi. After the intro...


Jul 30 2018

Ravi Kalra vs.the State ( Nct of Delhi) & Anr.

Court: Delhi

Decided on: Jul-30-2018

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + CRL.M.C. 3212/2018 Judgment delivered on:30. 07.2018 RAVI KALRA THE STATE ( NCT OF DELHI) & ANR versus ........ Petitioner ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioner : For the Respondent: Mr. Sanjeev Sabharwal, APP for State. SI Sachin, PS Subhash Place. Mr. Yogendra Verma, Adv. for R-2. Mr. C.M. Sangwan, Advocate. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT3007.2018 SANJEEV SACHDEVA, J.(ORAL) 1. The petitioner seeks quashing of FIR No.97/2013, under Sections 406/498-A IPC, Police Station Subash Place/Saraswati Vihar. The subject FIR emanates out of a matrimonial discord.... Petitioner is the husband of the respondent No.2. Learned counsel for the petitioner submits that the parties have 2.3. 4. CRL.M.C. 3212/2018 Page 1 of 3 settled their disputes through the process of mediation held before the Mediation Centre, Rohini Courts on 19.10.2013.5. As per the settlement, the petitioner has undert...


Jul 30 2018

Xtraa Cleancities Ltd. Vs.union of India & Ors

Court: Delhi

Decided on: Jul-30-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + WRIT PETITION(CIVIL) No.3909/2013 % XTRAA CLEANCITIES LTD. Reserved on:22. dJanuary, 2018 Date of Decision:30. h July, 2018 ........ Petitioner Through Mr. Prashant Kumar, Mr. Rajeev Versus Singh and Mr. Amit Singh, Advs. UNION OF INDIA & ORS ........ RESPONDENTS Through Mr. Vikram Jetly, CGSC for Union of India. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR SANJIV KHANNA, J.M/s XTRAA Cleancities Limited, now known as M/s Nandan Cleantec Industries Limited, has filed the present writ petition for quashing and setting aside :-"(a) Gazette Notification Nos. S.O. 193(E) and 194(E) dated 6th March, 2000 issued by the Ministry of Commerce, Government of India. (b) Order No.12013/2/2012/ADJ/AC dated 22nd April, 2013 passed by the Appellate Authority constituted under Section 15 of the Foreign Trade (Development and Regulation) Act, 1992 ('F.T. Act', for short). W.P.(C) 3909/2013 Page 1 of 36 2. The present litigati...


Jul 30 2018

Kamal Raj Sharma vs.state of Nct of Delhi

Court: Delhi

Decided on: Jul-30-2018

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision : July 30, 2018 CRL.A. 255/2015 PANKAJ SHARMA ..... Appellant Through: Mr.Vikram Singh Panwar, Mr.Mirza Hasan Beg and Mr.Vikas Walia, Advocates. versus STATE NCT OF DELHI ..... Respondent Through: Mr.Rajat Katyal and Ms.Aasha Tiwari, APP for the State with SI Manish Tyagi, PS Gandhi Nagar. Mr.S.S. Gandhi, Senior Advocate with Mr.Gagan Minocha and Mr.Bhavook Chauhan, Advocates for the complainant. WITH + CRL.A. 270/2015 MANOJ KUMAR & ANR ..... Appellant Through: Mr.A.K. Choudhary, Ms.Puja Shrivastava and Mr.Anil Choudhary, Advocates for appellant no.1. Mr.Rajeshwar Singh, Advocate for appellant no.2. versus Crl.A.255,270,302,312,329,418of2015 Page 1of 75 STATE (NCT OF DELHI) ..... Respondent Through: Mr.Rajat Katyal and Ms.Aasha Tiwari, APP for the State with SI Manish Tyagi, PS Gandhi Nagar. Mr.S.S. Gandhi, Senior Advocate with Mr.Gagan Minocha and Mr.Bhavook Chauhan, Advocates for the complainant. WITH + CRL.A. 302/2015 A...


Jul 30 2018

Harak Singh Rawat & Ors. Vs.the New India Assurance Co Ltd and Anr

Court: Delhi

Decided on: Jul-30-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI * Date of Decision: July 30, 2018 + MAC. APP. 254/2013 THE NEW INDIA ASSURANCE CO LTD .....Appellant Through: Mr. Pankaj Singh Thakur, Advocate for Mr. Sameer Nandwani, Advocate versus HARAK SINGH RAWAT & ORS. .....Respondents Through: Mr. Aditya Gaur and Mr. Parveen Dutt, Advocates + MAC. APP. 1182/2013 HARAK SINGH RAWAT & ORS. .....Appellants Through: Mr. Aditya Gaur and Mr. Parveen Dutt, Advocates 1. Versus THE NEW INDIA ASSURANCE CO LTD AND ANR Through: Mr. Pankaj Singh Thakur, Advocate for Mr. Sameer Nandwani, Advocate .....Respondents CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) Impugned Award of 21st November, 2012 grants compensation of `3,56,100/- with interest @ 9% per annum to injured-Harak Singh, aged 39 years, on account of grievous injury suffered by him in a vehicular accident, which took place on 4th September, 2004.2. In the above captioned first appeal, Insurer pleads lack of negligence of driver of Insured vehicle i.e....


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