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Delhi Court August 2018 Judgments

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Aug 27 2018

Shri Kuldeep and Ors vs.delhi Development Authority and Ors.

Court: Delhi

Decided on: Aug-27-2018

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgement:27. h August, 2018 + W.P.(C) 8510/2017 SHRI KULDEEP & ORS. ........Petitioners Through: Ms. Puja Srivastava and Mr. Deepak versus Sharma, Advocates. DELHI DEVELOPMENT AUTHORITY AND ORS. .....Respondents Through: Mr. Yeeshu Jain, Standing Counsel with for Ms. Jyoti Tyagi, Advocate, respondents No.2 & 3 - L&B/LAC. Mr. Dhanesh Relan, Standing Counsel with Ms. Gauri Chaturvedi, Advocate for Respondent No.1- DDA CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL SANGITA DHINGRA SEHGAL, J.(Oral) 1. This is a petition under Article 226 of the Constitution of India filed by the petitioners seeking a declaration that the acquisition proceedings with respect to 4 Bighas of the land comprised in Khasra No.596min situated in the revenue estate of village Ghazipur, NCT of Delhi (hereinafter referred to as the subject land) are deemed to have lapsed in view of Section 24 (2) of the Right to Fair Compensat...


Aug 27 2018

Renu vs.champa Rani & Anr

Court: Delhi

Decided on: Aug-27-2018

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:27. h August, 2018. RSA1192018, CM No.34555/2018 (for stay) & CM No.34558/2018 (for condonation of 7 days delay in refiling) RENU Through: M. Hasibuddin, Adv. ..... Appellant Versus CHAMPA RANI & ANR CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW Through: None. ........ RESPONDENTS CM No.34556/2018 & CM No.34557/2018 (both for exemption).1. 2. Allowed, subject to just exceptions. The applications stand disposed of. RSA1192018, CM No.34555/2018 (for stay) & CM No.34558/2018 (for condonation of 7 days delay in refiling).3. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree [dated 7th June, 2018 in RCA No.208917/2016 (Filing No.29144/2016) (CNR No.DLST01- 005432-2016) of the Court of the Additional District Judge-02 (South)]. of dismissal of First Appeal under Section 96 of the CPC preferred by the appellant against the judgment and decree [dated 30th August, ...


Aug 27 2018

Shri Satwant Singh and Ors. Vs.land and Building Department and Anr.

Court: Delhi

Decided on: Aug-27-2018

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment:27. h August, 2018 + W.P.(C) 10266/2017 SHRI SATWANT SINGH AND ORS. ........ Petitioners LAND AND BUILDING DEPARTMENT AND ANR. Through Mr. N.S Dalal, Advocate. versus CORAM: ........ RESPONDENTS Through Mr. R.K. Sharma, Advocate for L&B/LAC. Mr. Dhruv Tamta, Advocate for DDA. HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANI, J.(ORAL) 1. This petition has been filed by the petitioners under Article 226 of the Constitution of India seeking a declaration that the acquisition proceedings initiated in respect of the land of petitioners comprised in Khasra no.54/1measuring 1 bigha 7 biswas, having 1/4th share, situated in the revenue estate of village Rithala, Delhi (hereinafter referred to as the subject land) are deemed to have lapsed in view of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter ref...


Aug 27 2018

Pr. Commissioner of Income Tax vs.american Express India Pvt. Ltd.

Court: Delhi

Decided on: Aug-27-2018

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + INCOME TAX APPEAL No.422/2018 Date of decision:27. h August, 2018 PR. COMMISSIONER OF INCOME TAX ..... Appellant Through Mr. Raghvendra Singh, Jr. Standing Counsel versus AMERICAN EXPRESS INDIA PVT. LTD. Through Nemo. ..... Respondent CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR SANJIV KHANNA, J.(ORAL): Impugned order dated 6th October, 2017 passed by the Income Tax Appellate Tribunal (Tribunal, for short) dismisses the appeal preferred by the Revenue against the order passed by the Commissioner of Income Tax (Appeals) deleting penalty imposed by the Assessing Officer under Section 271(1)(c) of the Income Tax Act, 1961 (Act, for short).2. Penalty under Section 271(1)(c) of the Act was imposed by the Assessing Officer in relation to return of income filed by the assessee- American Express India Private Limited (respondent-assessee, for short) in respect of Assessment Year 2002-03 on the ground that while com...


Aug 27 2018

Mother Boon Foods Pvt Ltd vs.mindscape One Marketing Pvt Ltd

Court: Delhi

Decided on: Aug-27-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:16. h August, 2018 Date of Decision27th August, 2018 + O.M.P. (COMM) 136/2017 MOTHER BOON FOODS PVT LTD ........ Petitioner Through: Mr. S.P. Saxena, Advocate (M- 9650561714). versus MINDSCAPE ONE MARKETING PVT LTD ..... Respondent Through: Mr. Shrey Chathly, Advocate (M- 9910211045). CORAM: JUSTICE PRATHIBA M. SINGH JUDGMENT Prathiba M. Singh, J.1. The proverb, better safe than sorry, cannot be of universal application as the facts in the present case would show. The safe procedure for parties to an arbitration agreement is to actually adhere to the stipulation in the arbitration clause and not attempt anything which the parties may perceive to be safer.2. The... Petitioner, Mother Boon Foods Pvt Ltd (hereinafter, Petitioner) has filed the present petition under Section 34 (2) of the Arbitration and Conciliation Act, 1996 (hereinafter, the Act) challenging the arbitral award dated 15th July 2014, passed by a three member tribuna...


Aug 27 2018

Naajreen & Ors. Vs.megma Hdi Gen Ins Co Ltd & Ors.

Court: Delhi

Decided on: Aug-27-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI * Date of decision: August 27, 2018 + MAC.APP. 106/2018 NASARIN Through: Mr. Anshuman Bal, Advocate ..... Appellant Versus MEGMA HDI GEN INS CO LTD & ORS. ........ RESPONDENTS Through: Mr. Ved Tripathi, Advocate for respondent No.1 Mr. Sarfraz Khan, Advocate for respondent No.2-owner + MAC.APP. 107/2018 1. NAAJREEN & ORS. ..... Appellant Through: Mr. Anshuman Bal, Advocate Versus MEGMA HDI GEN INS CO LTD & ORS. ........ RESPONDENTS Through: Mr. Ved Tripathi, Advocate for respondent No.1 Mr. Sarfraz Khan, Advocate for respondent No.2-owner CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) The above captioned two appeals arise out of impugned Award of 11th August, 2017, vide which the Motor Accident Claims Tribunal (henceforth referred to as the Tribunal) has awarded compensation of `12,58,624/- with interest @ 9% p.a. to Claimants on account of death of MAC.APP. 106/2018 MAC.APP. 107/2018 Page 1 of 6 Lock Repairer- Afsar, aged 25 years, in a v...


Aug 27 2018

In the Matter of Bhartiya Antar Rashtriya Byopari Private Limited (In ...

Court: Delhi

Decided on: Aug-27-2018

$~CP-49 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:27. 08.2018 CO.PET. No.17/2018 IN THE MATTER OF BHARTIYA ANTAR RASHTRIYA BYOPARI PRIVATE LIMITED (IN VOL. LIQN.) ....Petitioner Through Mr. Kunal Sharma , Adv. for OL CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1. This is a company petition, preferred under Section 497 (6) of the Companies Act, 1956 (herein referred to as the Act) by the Official Liquidator (OL) for Voluntary Winding up of BHARTIYA ANTAR RASHTRIY BYOPARI PRIVATE LIMITED (herein referred to as the said company) from the date of filing of the instant petition.2. The record shows that the said Company in issue was incorporated on 12.11.2002, vide registration No.117658. The Corporate Identity Number of the said Company is U51909DL2002PTC117658. The registered office of the said Company in issue is stated to be situated at DDA Flat No.632, GF, Block-B, PKT-A, Loknayak Puram, Bakkarwala, New Delhi. The main objects, to be pursued by the ...


Aug 27 2018

Samsung Electronics Co. Ltd. Vs.deputy Commissioner of Income Tax (Int ...

Court: Delhi

Decided on: Aug-27-2018

$~44 to 48 * + IN THE HIGH COURT OF DELHI AT NEW DELHI INCOME TAX APPEAL No.916/2018 Date of decision:27. h August, 2018. SAMSUNG ELECTRONICS CO. LTD. ..... Appellant Through: Mr. Himanshu Sinha and Mr. Bhuwan Dhoopar, Advocates. Versus DEPUTY COMMISSIONER OF INCOME TAX (INT. TAX), ..... Respondent Through: Mr. Ruchir Bhatia, Sr. Standing Counsel. INCOME TAX APPEAL No.917/2018 SAMSUNG ELECTRONICS CO. LTD. ..... Appellant Through: Mr. Himanshu Sinha and Mr. Bhuwan Dhoopar, Advocates. Versus DEPUTY COMMISSIONER OF INCOME TAX (INT. TAX), ..... Respondent Through: Mr. Ruchir Bhatia, Sr. Standing Counsel. INCOME TAX APPEAL No.918/2018 SAMSUNG ELECTRONICS CO. LTD. ..... Appellant Through: Mr. Himanshu Sinha and Mr. Bhuwan Dhoopar, Advocates. Versus DEPUTY COMMISSIONER OF INCOME TAX (INT. TAX), ..... Respondent Through: Mr. Ruchir Bhatia, Sr. Standing Counsel. ITA9162018 & connected Page 1 of 14 INCOME TAX APPEAL No.919/2018 SAMSUNG ELECTRONICS CO. LTD. ..... Appellant Through: Mr. Himanshu S...


Aug 27 2018

Tarun Pullani vs.shilpa Pullani

Court: Delhi

Decided on: Aug-27-2018

$~53 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:27. h August, 2018 + MAT.APP.(F.C.) 217/2018 TARUN PULLANI ..... Appellant Through: Mr. Chirag Babbar, Adv versus SHILPA PULLANI ..... Respondent CORAM: Through: Ms Anjali Sharma, Adv HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANI, J.(ORAL) CM No.34437/2018 (exemption) The exemption is allowed subject to all just exceptions. The application stands disposed of. MAT.APP.(F.C.) 217/2018 1. This is an appeal under Section 19 of the Family Court Act against the order dated 07.06.2018 and order dated 23.07.2018 seeks review passed by the family court. The appellant is aggrieved by the interim order vide which the custody of the minor girl child (4 years old) born on 16.09.2014 has been handed over to the mother. MAT APP (FC) 217/2018 Page 1 of 9 2. The learned counsel for the appellant submits that the Family Court has failed to take into account the fact that the respondent is not physi...


Aug 27 2018

Delhi Transport Corporation vs.bir Singh

Court: Delhi

Decided on: Aug-27-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on :08. h September, 2017 Date of decision :27. h August, 2018 W.P.(C) 7922/2017 DELHI TRANSPORT CORPORATION ........ Petitioner Through: Mr. Kamal Kant Jha, Advocate versus ..... Respondent Through: Nemo BIR SINGH CORAM: HON'BLE MS. JUSTICE ANU MALHOTRA ANU MALHOTRA, J.JUDGMENT1 The petitioner, i.e., the Delhi Transport Corporation assails the impugned order dated 12.05.2017 of the learned Pilot Court/ POLC- XVII, KKD, Delhi in LCA No.and vide the instant petition seeks that the said order be set aside. Vide the impugned order dated 12.05.2017 on a petition, LCA No.filed by the workman under Section 33-C(2) of the Industrial Disputes Act, 1947 for wages under Section 17-B of the said enactment from 01.03.2016 to 31.05.2017, the workman i.e. the respondent to the present petition was held entitled to wages under Section 17-B of the Industrial Disputes Act, 1947 up to 30.04.2017 which worked out to Rs.1,72,380/- from which there ...


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