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Delhi Court September 2018 Judgments

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Sep 28 2018

Pushp Sharma vs.db Corp Ltd. And Ors.

Court: Delhi

Decided on: Sep-28-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:03. 07.2018 Pronounced on:28. 09.2018 + FAO (OS) 92/2018 & C.M. APPL.23799/2018 PUSHP SHARMA Appellant Through: Sh. Prashant Bhushan with Sh. Amit Agrawal and Sh. Satyajit Sarna, Advocates. Versus D.B. CORP. LTD. AND ORS. ..Respondents Through: Sh. Sajan Poovayya and Sh. Neeraj Malhotra, Sr. Advocates with Sh. Biju Mattam, Ms. Aastha Chawla, Ms. Ankita Bafna, Sh. Priyadarshi Banerjee and Sh. Pratibhanu. S. Kharola, Advocates. + FAO (OS) 93/2018 & C.M. APPL.23811/2018 FORUM FOR MEDIA AND LITERATURE AND ANR. Appellants Through: Sh. Kapil Sibal, Sr. Advocate with Sh. Pramod Kumar Dubey, Sh. Kotla Harshavardhan, Ms. Mansi Sood, Sh. Nizam Pasha and Sh. Nishoonk Matroo, Advocates. Versus D.B. CORP. LTD. AND ORS. .Respondents Through: Sh. Sajan Poovayya and Sh. Neeraj Malhotra, Sr. Advocates with Sh. Biju Mattam, Ms. Aastha Chawla, Ms. Ankita Bafna, Sh. Priyadarshi Banerjee and Sh. Pratibhanu. S. Kharola, Advocates. CORAM: HON'BLE MR. JUST...


Sep 28 2018

Varinder Kumar Gandhi and Anr. Vs.ms Priyanka Bhatia and Ors.

Court: Delhi

Decided on: Sep-28-2018

$~70 & 81 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:28. 09.2018 + W.P.(C) 10186/2018 & CM APPL.39682/2018 VARINDER KUMAR GANDHI AND ANR. ........ Petitioners Through: Mr. Raman Gandhi with Ms. Harsha Sharma, Advs. versus MS PRIYANKA BHATIA AND ORS. Through: Mr. Rajiv Kumar, Adv. for R-3 & R-4 ........ RESPONDENTS + W.P.(C) 10335/2018 & CM APPL.40321/2018 RANJEET MISHRA ........ Petitioner Through: Mr. Raman Gandhi with Ms. Harsha Sharma, Advs. versus PRIYANKA BHATIA & ORS Through: Mr. Rajiv Kumar, Adv. for R-3 & R-4 ........ RESPONDENTS CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO RAJENDRA MENON, CHIEF JUSTICE (ORAL) CM APPL. 40322/2018 in W.P.(C) 10335/2018 (exemption) Allowed, subject to just exceptions. The application stands disposed of. W.P.(C) 10186/2018 & W.P.(C) 10335/2018 Page 1 of 2 W.P.(C) 10186/2018 & W.P.(C) 10335/2018 1. Having heard the learned counsel for the parties, we find that instead of challenging the order passed by the De...


Sep 28 2018

Raj Kumar Yadav vs.delhi Development Authority

Court: Delhi

Decided on: Sep-28-2018

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:28. h September, 2018. RSA902018 RAJ KUMAR YADAV ..... Appellant Through: Mr. Atul Kumar Sharma & Mr. Sachin Sangwan, Advs. Versus DELHI DEVELOPMENT AUTHORITY CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW Through: None. ..... Respondent CM No.24457/2018 & 24460/2018 (both for exemptions) 1.2. Allowed, subject to just exceptions. The applications are disposed of. RSA No.90/2018 & CMs No.24458/2018 & 24459/2018 (both for condonation of delay of 31 days in filing & 57 days in re-filing the appeal) 3. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) impugns the order [dated 30th October, 2017 in RCA No.31/2016 of the Court of Senior Civil Judge, New Delhi]. of dismissal of First Appeal under Section 96 of the CPC preferred by the appellant against the judgment and decree [dated 7th October, 2016 in Suit No.448/2014 of the Court of Civil Judge, West District, Delhi]. of dismissal of suit fi...


Sep 28 2018

M/S. China Petroleum Pipeline Bureau India Pvt. Ltd. Vs.indian Oil Cor ...

Court: Delhi

Decided on: Sep-28-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on:25. 09.2018 Judgment pronounced on:28. 09.2018 O.M.P.(I) (COMM.) 373/2018 + M/S. CHINA PETROLEUM PIPELINE BUREAU INDIA PVT. LTD. Petitioner Through: Mr. Parag P. Tripathi, Sr. Advocate with Mr. Atul S. Mathur, Ms. Deepabali Datta, Mr. Prabal Mehrotra and Mr. Srinivas Ramaswamy, Advocates. VERSUS INDIAN OIL CORPORATION LTD. & ANR. ..Respondents Through: Mr. V.N. Koura with Mr. S. Sirish Kumar, Advocates for R-1/ IOCL. Ms. Radha Bansod, Adv. for R-2. CORAM: HONBLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J.Backdrop 1. The instant petition has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 (in short 1996 Act). In brief, the only relief that the petitioner seeks is for grant of injunction qua a bank guarantee furnished by it to respondent no.1. This bank guarantee is dated 30.05.2016 and was amended on 18.07.2016. The bank guarantee bears the No.0072FBG160010. O.M.P.(I) (COMM.) 373/2018 Page 1 of 14 1....


Sep 28 2018

Shyam Sunder & Ors. Vs.state & Anr.

Court: Delhi

Decided on: Sep-28-2018

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + CRL.M.C. 4960/2018 Judgment delivered on:28.09.2018 SHYAM SUNDER & ORS. versus STATE & ANR. ........ Petitioners ........ RESPONDENTS Mr. Naushad A. Khan, Advocate. Advocates who appeared in this case: For the... Petitioner : For the... RESPONDENTS : CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA Mr. Hirein Sharma, APP for the State. Mr. Ekram Ali Ansari, Advocate for respondent No.2 with respondent No.2 in person. SI Ranbir Singh, PS Neb Sarai. JUDGMENT2809.2018 SANJEEV SACHDEVA, J.(ORAL) 1. The petitioner seeks quashing of FIR No.88/2015 under Sections 498A/4IPC, Police Station Neb Sarai, based on the settlement.2. Learned counsel for the petitioners prays for an exemption for personal appearance of petitioner No.5, who is the sister of the petitioner No.1 husband, on the ground that she is the permanent Crl.M.C.4960/2018 Page 1 of 3 resident of Bombay and could not travel to Delhi.... Petitioner No.5 has filed an affidavit in support o...


Sep 28 2018

Uma Devi vs.union of India & Ors

Court: Delhi

Decided on: Sep-28-2018

$~8 * + IN THE HIGH COURT OF DELHI AT NEW DELHI EX.F.A. 39/2018 UMA DEVI ..... Appellant Through: Mr. Pankaj Kumar Singh, Adv. Versus ........ RESPONDENTS Through: None. UNION OF INDIA & ORS CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW % ORDER2809.2018 CM No.40119/2018 (for exemption) 1.2. Allowed, subject to just exceptions. The application is disposed of. EX.F.A. 39/2018, CM No.40117/2018 (for condonation of delay of 19 days in filing the appeal) & CM No.40118/2018 (for permission to file additional documents) 3. This Execution First Appeal invoking Order XXI Rule 58 of the Code of Civil Procedure, 1908 (CPC) impugns the order [dated 4th May, 2018 in Execution No.5583/2016 of the Court of Additional District Judge-05, New Delhi]. of disposal as satisfied of the application filed by the appellant for execution as a decree of an award of the Central Government Industrial Tribunal.4. It was the plea of the appellant / decree-holder that an amount of Rs.6,37,985/- was still to be paid b...


Sep 28 2018

Shahida Khatoon & Ors vs.qaiyum Ali & Anr

Court: Delhi

Decided on: Sep-28-2018

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:28. h September, 2018 RSA1412018 & CM No.39672/2018 (for stay) SHAHIDA KHATOON & ORS .... Appellants Through: Mr. S.S. Jain and Ms. Veena, Advs. Versus QAIYUM ALI & ANR Through: None. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree [dated 28th August, 2018 in RCA No.44/2017 of the Court of Additional District Judge (ADJ)-01 (South-East)]. allowing the First Appeal under Section 96 of the CPC preferred by the respondents against the judgment and decree [dated 20th March, 2017 in CS No.52013/2016 of the Court of Administrative Civil Judge (South-East)]. on admissions allowing the claim of the appellants/plaintiffs insofar as for possession, in the suit for recovery of possession of immoveable property and mesne profits. Resultantly, the First Appellate Court has set aside the decree for p...


Sep 28 2018

The Pr. Commissioner of Income Tax -3 vs.dlf Hotel Holding Ltd.

Court: Delhi

Decided on: Sep-28-2018

$~2 * + IN THE HIGH COURT OF DELHI AT NEW DELHI INCOME TAX APPEAL NO.1012/2018 Date of decision:28. h September, 2018 Through: Ms. Vibhooti, Advocate. versus THE PR. COMMISSIONER OF INCOME TAX -3 ..... Appellant DLF HOTEL HOLDING LTD. ..... Respondent CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR SANJIV KHANNA, J.(ORAL) Through This appeal by the Revenue in the case of DLF Hotel Holding Limited (respondent-assessee for short) arises from the order dated 9th April, 2018 of the Income Tax Appellate Tribunal in ITA No.1750/DEL/2015 and pertains to the Assessment Year 2010-11.2. The facts in brief are that during the period relating to the Assessment Year 2010-11 an addition of Rs.83,63,03,480/- was made to the opening balance of the paid up share capital of the respondent-assessee, enhancing the same to Rs.1259,68,00,000/-. The respondent-assessee had invested Rs.1165,23,06,015/- in shares of group companies. The respondent- assessee had also taken unsecured...


Sep 28 2018

Shamsuddin vs.the State (Nct of Delhi) & Anr.

Court: Delhi

Decided on: Sep-28-2018

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:28. 09.2018 CRL.M.C. 4977/2018 SHAMSUDDIN THE STATE (NCT OF DELHI) & ANR. versus ........ Petitioner ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioners : For the Respondent: Mr. Alamgir, Advocate. Mr. Kewal Singh Ahuja, APP for the State with SI Janak Singh CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT2809.2018 SANJEEV SACHDEVA, J.(ORAL) Crl. M.A. 33185/2018 (Exemption) Allowed, subject to all just exceptions. CRL.M.C. 4977/2018 & Crl. M.A. 33184/2018 1.... Petitioner seeks quashing of FIR No.193 of 2016 under Section 174A of IPC registered at Police Station New Friends Colony, (South East District) New Delhi, based on a settlement.2. The subject FIR was registered consequent to the petitioner being declared as a proclaimed person by order dated 22.03.2016 under section 82 (1) Cr. P.C as he failed to appear in the proceedings intitiated under CRL.M.C. 4977/2018 Page 1 of 2 Secti...


Sep 28 2018

Nk vs.s

Court: Delhi

Decided on: Sep-28-2018

* % + NK S IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:28. h September, 2018 CM(M) 1076/2017 & CM No.35175/2017 (for stay) ........ Petitioner Through: Mr. Abhay Kumar, Mr. Pankaj Jaiswal, Mr. Vineet Kumar Singh & Mr. Himanshu Pal Singh, Advs. Versus ..... Respondent Through: Mr. Praveen Kumar Singh & Mr. Rajeev Gupta, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 This petition under Article 227 of the Constitution of India impugns the order dated [24th January, 2017 in H.M.A. No.562/2014 of the Court of Principal Judge Family Court (East)]. of dismissal of an application under Section 12 of the Family Courts Act, 1984 seeking medical test of the respondent wife, filed by the petitioner husband in a proceeding filed by the respondent wife under Section 13(1)(ia) of the Hindu Marriage Act, 1955 for dissolution of her marriage with the petitioner husband.2. The petition came up first before this Court on 25th September, 2017 when notice thereof was ordered to be issue...


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