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Delhi Court January 2019 Judgments

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Jan 18 2019 (HC)

Shri Bijaram Sarbati Devi Jain Dharmarth Society vs.govt. Of Nct of De ...

Court: Delhi

$~25 & 26 * + IN THE HIGH COURT OF DELHI AT NEW DELHI SHRI BIJARAM SARBATI DEVI JAIN DHARMARTH SOCIETY W.P.(C) 946/2017 & CM Appl. No.38101/2018 + Through: Mr. M.P.Bhargava, Advocate ........ Petitioner versus GOVT. OF NCT OF DELHI & ORS W.P.(C) 948/2017 & CM Appl. No.4325/2017 Through: Mr. Yeeshu Jain with Ms. Jyoti Tyagi, Advocates for Respondent/LAC/L & B Mr. Arun Birbal & Mr. Ajay Birbal, Advocates for Respondent/DDA ........ RESPONDENTS RAJ KUMAR JAIN ........ Petitioner Through: Mr. M.P.Bhargava, Advocate versus ........ RESPONDENTS GOVT. OF NCT OF DELHI & ORS CORAM: JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA Through: Mr. Yeeshu Jain with Ms. Jyoti Tyagi, Advocates for Respondent/LAC/L & B Ms.Shobhna Takiar, Advocate for Respondent/DDA % Dr. S. Muralidhar, J.: ORDER1801.2019 1. These two petitions arising out of common set of facts and are being disposed of by this common order.2. In both petitions, the prayer is for a declaration of deemed lapsing of land W.P.(C) Nos. 946/2017 ...

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Jan 18 2019 (HC)

Shweta Bhatia vs.state of Nct of Delhi & Ors

Court: Delhi

$~10 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:18. h January, 2019 + CRL.M.C. 3372/2016 SHWETA BHATIA ........ Petitioner Through: Mr. R.K. Tarun and Mr. Rohit Shukla, Advocates versus STATE OF NCT OF DELHI & ORS ........ RESPONDENTS Through: Mr. Kewal Singh Ahuja, APP for State Mr. Vivek Aggarwal, Adv. for R-2 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. First Information Report (FIR) no.101/2004 was registered by police station Shalimar Bagh for offences punishable under Sections 498A, 406, 34 of Indian Penal Code, 1860 (IPC) at the instance of the petitioner (hereinafter referred to as the complainant). The case was subjected to investigation and on the basis of evidence gathered, report (charge-sheet) under Section 173 of the Code of Criminal Procedure, 1973 (Cr. PC) was submitted seeking trial of the second and third respondents, they being the husband and mother-in-law respectively of the complainant. The prosecution proposed trial to be held on charge for offenc...

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Jan 18 2019 (HC)

Rehmani Begum and Ors. Vs.krishan Pal and Ors.

Court: Delhi

* % IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:18. h January, 2019 + MAC.APP. 954/2017 & CM APPL. 39162/2017 1. REHMANI BEGUM (Mother of deceased) W/o Late Sh. Rahis Ahmed 2. MUNABAR BANO (Unmarried sister of deceased) D/o Late Sh. Rahis Ahmed 3. TABASUM BANO (Unmarried sister of deceased) D/o Late Sh. Rahis Ahmed ...Appellant Through: Mr. Manu Shahalia, Advocate. versus 1. KRISHAN PAL (Driver) 2. AG ENVIRO INFRA PROJECTS P. LTD. (Owner) 3. NEW INDIA ASSURANCE CO. LTD. (Insurer) ...Respondents Through: Mr. Dhirander Mathur, Advocate for R1 & R2. Mr. J.P.N. Shahi, Advocate for R3. CORAM: HON'BLE MR. JUSTICE I.S.MEHTA JUDGMENT I. S. MEHTA, J.1. The Appellant/Claimant has challenged the impugned award in Suit No.573dated 23.05.2017 passed by Sh. Vinay Singhal Additional District and Sessions Judge, MACT-02, (Central) Delhi (henceforth referred to as the Tribunal) whereby the claim petition on MAC.APP. 954/2017 & CM APPL. 39162/2017 Page 1 of 5 account of failure to prov...

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Jan 18 2019 (HC)

Union of India and Ors vs.punita Devi and Anr

Court: Delhi

$~4 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:18. 01-2019 + W.P.(C) 6523/2018, CM Nos.24939 & 24941/2018 UNION OF INDIA AND ORS ........ Petitioners Through: Ms. Shiva Lakshmi, CGSC with Mr Siddharth Singh, Advs. versus PUNITA DEVI AND ANR ........ RESPONDENTS Through: Mr. Sanjeev Yadav with Mr. D.K.Yadav, Advs. for R-5. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE A.K.CHAWLA JUDGMENT VIPIN SANGHI, J.(ORAL) 1. The petitioners have preferred the present writ petition to assail the order dated 24th August, 2016 passed by the Central Administrative Tribunal, Principal Bench in OA No.843/2015. The said original application had been preferred by the respondents to seek compassionate appointment on account of the demise of the husband of Smt. Punita Devi/respondent no.1 on 12.09.2008. Respondent no.2 is the son of the deceased government servant.2. The application of the respondents to seek compassionate appointment was considered in respect of six vacancies...

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Jan 18 2019 (HC)

Raj Kumar Jain vs.govt. Of Nct of Delhi & Ors

Court: Delhi

$~25 & 26 * + IN THE HIGH COURT OF DELHI AT NEW DELHI SHRI BIJARAM SARBATI DEVI JAIN DHARMARTH SOCIETY W.P.(C) 946/2017 & CM Appl. No.38101/2018 + Through: Mr. M.P.Bhargava, Advocate ........ Petitioner versus GOVT. OF NCT OF DELHI & ORS W.P.(C) 948/2017 & CM Appl. No.4325/2017 Through: Mr. Yeeshu Jain with Ms. Jyoti Tyagi, Advocates for Respondent/LAC/L & B Mr. Arun Birbal & Mr. Ajay Birbal, Advocates for Respondent/DDA ........ RESPONDENTS RAJ KUMAR JAIN ........ Petitioner Through: Mr. M.P.Bhargava, Advocate versus ........ RESPONDENTS GOVT. OF NCT OF DELHI & ORS CORAM: JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA Through: Mr. Yeeshu Jain with Ms. Jyoti Tyagi, Advocates for Respondent/LAC/L & B Ms.Shobhna Takiar, Advocate for Respondent/DDA % Dr. S. Muralidhar, J.: ORDER1801.2019 1. These two petitions arising out of common set of facts and are being disposed of by this common order.2. In both petitions, the prayer is for a declaration of deemed lapsing of land W.P.(C) Nos. 946/2017 ...

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Jan 18 2019 (HC)

Shyam Babu vs.rajender Giri & Ors(bajaj Allianz General Insurance Comp ...

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:18. h January, 2019 Through Mr.Amit Kumar Pandey, Advocate ..... Appellant $~28 * % SHYAM BABU + MAC.APP. 61/2018 versus RAJENDER GIRI & ORS(BAJAJ ALLIANZ GENERAL INSURANCE COMPANY) ..... Respondent Through Mr.Sumit Kumar Vats, Mr.Ankit Chaturvedi, Advocates JUDGMENT (ORAL) CM16732018 (delay) 1. The delay in filing the appeal is condoned. The application is disposed of. MAC.APP. 61/2018 2. The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.4,37,385/- has been awarded to the appellant. The appellant seeks enhancement of the award amount.3. The accident dated 27th November, 2014 resulted in grievous injuries to the appellant. The appellant suffered fracture of left bicolumnar acetabular and was operated on 13th December, 2014 for open reduction plus internal fixation of both anterior and posterior column with recon plate (zimmer) for which he was admitted in hospital from 27th November, 2014 MA...

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Jan 18 2019 (HC)

Oil and Natural Gas Corporation vs.santosh Kumar Sharma & Ors.

Court: Delhi

$~85 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 506/2019 Date of Decision:-"18.01.2019 OIL AND NATURAL GAS CORPORATION ........ Petitioner Through Mr.Sudhir Nandrajog, Sr.Adv. with Mr.Jeemon Raju, Rakesh Sinha, Advs. versus SANTOSH KUMAR SHARMA & ORS. ........ RESPONDENTS Through Mr.Pankaj Kumar with Mr.Prabhat Kumar, Advs. CORAM: HON'BLE MS. JUSTICE REKHA PALLI REKHA PALLI, J (ORAL) CAV512019 1. Mr.Pankaj Kumar, learned counsel enters appearance on behalf of the respondents/caveators and states that a complete set of the paper book has been served to him.2. In view of the above, the caveat stands discharged. C.M. No.2396/2019 (for exemption) Allowed, subject to all just exceptions. W.P.(C) 506/2019 & C.M. No.2395/2019 (stay) 1. By way of the present petition, the petitioner impugns the orders dated 21.05.2018, 16.11.2018 and 10.12.2018 passed by the learned Labour Court.2. Mr.Sudhir Nandrajog, learned Senior Counsel for the petitioner, on instructions, states that at this sta...

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Jan 18 2019 (HC)

Mr. Kunwer Sachdev vs.hero Fincorp Limited

Court: Delhi

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:18. 1.2019 + O.M.P. (T) (COMM.) 9/2019 MR. KUNWER SACHDEV ........ Petitioner Through Mr. Arvind Varma, Sr. Adv. with Mr. Ajay Bhargava, Mr. Aseem Chaturvedi and Ms. Wamika Trehan, Advs. versus Through None HERO FINCORP LIMITED CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J (ORAL) ..... Respondent I.A. 749/2019 1. Allowed, subject to the petitioners filing legible copies of dim documents before the next date of hearing. O.M.P. (T) (COMM.) 9/2019 & I.A. 748/2019 2. This is a petition in which termination of the mandate of the Arbitrator is sought.3. In terms of the arbitration agreement obtaining between the parties, the respondent has been given the mandate to appoint an Arbitrator.4. The subject agreement in which the arbitration agreement has been incorporated is dated 28.3.2015.5. The petitioner, I am told, is the guarantor of an incorporated entity, which is the principal borrower.6. I am further informed ...

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Jan 17 2019 (HC)

State vs.vijay

Court: Delhi

$~14 * + % IN THE HIGH COURT OF DELHI AT NEW DELHI CRL. L.P8192018 Judgment reserved on 11th December, 2018 Judgment pronounced on 17th January, 2019 STATE Through : Ms. Radhika Kolluru, APP for state. ....Petitioner Versus ....Respondent VIJAY Through: None. CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL SANGITA DHINGRA SEHGAL, J.1. By this petition under Section 378 (1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') filed against the judgment of the Trial Court dated 22.09.2018 passed by Learned ASJ, Dwarka Court, in case FIR No.48/2017, at Police Station Sagar Pur by which the accused was acquitted of the charge under Section 307 of Indian Penal Code (hereinafter referred to as IPC).2. The factual matrix from which the present proceeding arises are being adumbrated as follows: Adumbrated in brief the case of prosecution is that on 26.03.2017 at about 12 noon at House no.6, Gulia Enclave, behind Anaj Mandi, Najaf...

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Jan 17 2019 (HC)

Principal Commissioner of Income Tax-4 vs.ins Finance & Investment P. ...

Court: Delhi

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA11142018 % Reserved on:09. h October, 2018 Pronounced on:17. h January, 2019 PRINCIPAL COMMISSIONER OF INCOME TAX-4... Appellant Through: Mr.Sanjay Kumar with Mr.Asheesh Jain, Advocates Versus INS FINANCE & INVESTMENT P. LTD ..... Respondent Through: CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR SANJIV KHANNA, J.This appeal filed by the Revenue under Section 260A of the Income- Tax Act, 1961 in the case of INS Finance & Investment P. Ltd., relates to the assessment year 2011-12 and arises out of the order of the Income-Tax Appellate Tribunal dated 13th April, 2018.2. The issue relates to taxation of Rs.3,19,07,676/- which was received by the respondent assessee on cancellation of the auction and the sale certificate for land.3. This land was purchased by the respondent-assessee in an auction held by Debt Recovery Tribunal which was subsequently made the subject matter of challenge before the High Court. P...

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