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Delhi Court February 2019 Judgments

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Feb 06 2019

Saint Gobain India Pvt. Limited vs.union of India

Court: Delhi

Decided on: Feb-06-2019

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision :6. h February, 2019 + W.P.(C) 8848/2018, CM Nos.34010-11/2018 & 38147/2018 SAINT GOBAIN INDIA PVT. LIMITED ........ Petitioner Through: Mr. Balbir Singh Senior Advocate with Mr. Jitendra Singh, Mr. Akshay Soni, Ms. Monica Benjamin, Advocates versus UNION OF INDIA ..... Respondent Through: Mr. Ashim Sood, CGSC and Mr. Rhythm B., Advocate CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HONBLE MR. JUSTICE PRATEEK JALAN S. RAVINDRA BHAT, J.(ORAL) 1. The instant writ petition is filed by the Saint Gobain India Pvt. Ltd. (hereafter referred as petitioner) seeking for mandamus directing the Revenue/ respondent who through its officers is seeking to levy anti-dumping duty for clearances made after 02.07.2018 without any authority of law through Customs Notification 33/2017- Customs (ADD) dated 30.06.2017 issued under Section 9A(5) extending duty imposed under Customs Notification 34/2012-Customs (ADD) dated 03.07.2012 (hereafter ref...


Feb 06 2019

M/S Rvg Minerals and Metals Pvt. Ltd. Vs.union of India and Ors.

Court: Delhi

Decided on: Feb-06-2019

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: Pronounced on:25. 01.2019 06.02.2019 + W.P.(C) 7553/2018 & CM APPLN. 28875-76/2018 M/S RVG MINERALS AND METALS PVT. LTD. ........ Petitioner Through: Mr.Dhruv Mehta, Sr. Adv. with Mr.Aman Vachher, Mr. Saket Sikri, Mr.Yashraj Deora, Mr.Ashutosh Dubey, Ms.Anu Srivastava & Mr.Arun Nagar, Advs. Versus UNION OF INDIA AND ORS. ........ RESPONDENTS Through: Mrs. Maninder Acharya, ASG with Mr.Ripu Daman Bhardwaj, CGSC, Mr.Viplav Acharya, Mr. Sahil Sood, Ms. Hina Bhargava, Mr. Harshul Choudhary and Ms. Veena Kumari, Director, Ministry of Mines for UOI. CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT For detailed judgment, see W.P. (C) 7537/2018 titled M/s Standard Metalloys Pvt. Ltd. Vs. Union Of India and Ors. dated 06.02.2019. (SURESH KUMAR KAIT) JUDGE FEBRUARY06 2019 rd/ab/gb...


Feb 06 2019

Jorawar Singh Through Lrs. Vs.mother Dairy Fruit and Vegetable Ltd

Court: Delhi

Decided on: Feb-06-2019

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:06. 02.2019 + W.P.(C) 730/2019 JORAWAR SINGH THROUGH LRS. ........ Petitioner Through: Mr.I.J.S. Mehra with Ms.Tabbassum Firdausi, Advs. versus MOTHER DAIRY FRUIT AND VEGETABLE LTD Through: Mr.Raj Birbal, Sr. Adv. With ...... Respondent CORAM: Ms.Raavi Birbal, Adv. HON'BLE MS. JUSTICE REKHA PALLI REKHA PALLI, J (ORAL) 1. Vide the present petition under Articlesof the Constitution of India, the petitioner/workman seeks quashing of the impugned award order dated 31.10.2018 whereby his claim has been rejected upon finding that his termination was based on a valid departmental inquiry. The petitioner has also sought a direction for permission to cross-examine the respondent/Managements witness MW2 At this stage, it may be appropriate to refer to the prayer in the writ petition which reads as under:-"view In and circumstances it is prayed that the Honble aforesaid facts of Page 1 of 4 W.P.(C) 730/2019 Court may be kind enough to ...


Feb 06 2019

S K Kardam vs.punjab National Bank & Anr

Court: Delhi

Decided on: Feb-06-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI $~ * + W.P.(C) 7325/2018 & CM APPL Nos. 49313/2018 and 27941/2018 Reserved on :18. 01.2019 Pronounced on:06. 02.2019 ........ Petitioner S K KARDAM Through Mr. Raman Gandhi and Ms. Harsha Sharma, Advs. along with petitioner in person. versus PUNJAB NATIONAL BANK & ANR ........ RESPONDENTS Through Mr. Rajesh Kumar Gautam, Adv. with Ms.Khushboo Aggarwal and Mr.Debayan Banerjee, Advs. CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT1 Vide the present petition, the petitioner seeks direction thereby quashing the Performance Appraisal (PAF) Reports for the year 2010-11 and 2015-16 and the Promotion Process and the list of Promoted Candidates w.e.f. 25.04.2015 and 27.05.2016 and subsequent promotions out of the list of empanelled executives and also the list of wait listed executives and further promotions in the year 2017-18 and 2018-19, regarding promotions W.P.(C) 7325/2018 Page 1 of 21 from Senior Management Scale IV to Scale V, selected and p...


Feb 06 2019

Lalita & Ors. Vs.union of India

Court: Delhi

Decided on: Feb-06-2019

$~34 * + IN THE HIGH COURT OF DELHI AT NEW DELHI FAO462019 & CM APPL. 5756/2019, CM APPL. 5757/2019 & CM APPL. 5755/2019 LALITA & ORS. ..... Appellants Through: Mr.Noor Alam & Mr.Gaurav Malhotra, Advocates. Versus UNION OF INDIA ..... Respondent Through: Mr. Jagjit Singh, Adv., Sr. Standing Counsel for Respondent with Vipin Chaudhary and Preet Singh, Adv. CORAM: HON'BLE MR. JUSTICE VINOD GOEL JUDGMENT0602.2019 VINOD GOEL, J.(Oral) CM APPL. 5756/2019 (for exemption) Allowed, subject to just exceptions. CM APPL. 5757/2019 (Delay in re-filing) There is delay of 13 days in re-filing the appeal. The delay is condoned for the justifiable reasons mentioned in the application. Application is disposed of. FAO462019 Page 1 of 7 CM APPL. 5755/2019 (Delay in filing the appeal) There is delay of 320 days in filing the appeal. The delay is condoned for the justifiable reasons mentioned in the application. Application is disposed of. FAO462019 1. This appeal impugns the order of Railway Claims Tribun...


Feb 06 2019

M/S Kurlon Ltd vs.panama Poly Products Pvt. Ltd.

Court: Delhi

Decided on: Feb-06-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.479/2017 + % M/S KURLON LTD6h February, 2019 ..... Appellant Through: Mr. Siddhartha Nanwal and Mr. Ravi Chaturvedi, Advocates. (9599138139) versus PANAMA POLY PRODUCTS PVT. LTD. ..... Respondent Through: CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) CM No.5719/2019 (recalling of order dated 22.11.2018) 1. This application is allowed and the appeal is restored to its original number. CM stands disposed of. RFA No.479/2017 2. This appeal which was dismissed in default vide order dated 22.11.2018, has been restored today, and I have heard the counsel for the appellant/defendant on merits. RFA No.479/2017 Page 1 of 6 3. I may note that the respondent/plaintiff has already in execution of the impugned judgment and decree which is a money decree, received the entire amount of the money decree.4. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) i...


Feb 06 2019

Jindal Stainless (Hisar) Limited vs.union of India

Court: Delhi

Decided on: Feb-06-2019

$~5 & 6 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:6. h February, 2019. + W.P.(C) 5920/2018 & CM APPL.29241/2018 JINDAL STAINLESS (HISAR) LIMITED versus UNION OF INDIA + W.P.(C) 6246/2018 & CM APPL.24118/2018 JINDAL STAINLESS LIMITED versus UNION OF INDIA Present: Mr.Balbir Singh, Sr. Adv. ........ Petitioner ..... Respondent ........ Petitioner ..... Respondent and Mr.Jitender Singh, Mr.Abhimanyu Bhandari and Mr.Chaitanya, Advs. for the petitioner. Mr.Vinod Diwakar, CGSC with Mr.Sayandeep Pahari and Ms.Radhika Roy, Adv. for R-1 in W.P.(C) 5920/2018 Mr.Amit Narayan, CGSC with Mr.Apoorv Singhal and Mr.Randeep Sachdeva, Adv. for R-1 in W.P.(C) 6246/2018 Mr. Sanjay Notani, Mr.Vivek Sharma, Mr.Abhishek Anand and Mr.Udit Jain, Advs. for R-3 CORAM: HONBLE MR. JUSTICE S. RAVINDRA BHAT HONBLE MR. JUSTICE PRATEEK JALAN S. RAVINDRA BHAT, J.(OPEN COURT) % 1. In these two petitions, the grievance urged is that the Customs, Excise & Service Tax Appellate Tribunal [hereafter CESTAT]. by a ...


Feb 06 2019

s.e. Investments Ltd. Vs.prem Singh

Court: Delhi

Decided on: Feb-06-2019

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:6. h February, 2019 S.E. INVESTMENTS LTD. CRL.L.P. 614/2016 ........ Petitioner PREM SINGH Represented by: Mr. Shyam Babu, Advocate Versus Represented by: Mr. Abhishek Sabharwal, ........ RESPONDENTS Advocate CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) CRL.L.P. 614/2016 1. Aggrieved by the judgment dated 29th June 2016, whereby the learned Metropolitan Magistrate acquitted the respondent for the offence punishable under Section 138 Negotiable Instruments Act, 1881 in CC No.31the petitioner/complainant has preferred the present leave petition.2. Facts leading to the present case as per the complaint are that the petitioner is a company carrying on financing business of Corporate loans, Term loans, Auto Loans, Loan against property, SME Trade & others. The respondent had taken a loan from the petitioner company on executing a Loan Cum Guarantee Agreement dated 8th January, 2013. Pursuant to the Loan Cum Guarantee A...


Feb 06 2019

Harvinder Kaur vs.state of Nct of Delhi & Anr.

Court: Delhi

Decided on: Feb-06-2019

* + + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: February 06, 2019 CRL.M.C. 1962/2017, Crl.M.A.8093/2017 HARVINDER KAUR Through: Mr. Tushar Agarwal, Advocate .....Petitioner Versus STATE OF NCT OF DELHI & ANR. Through: Mr. M.S. Oberoi, APP for State with SI Manoj Kumar, PS Rajouri Garden. Mr. Anindya Malhotra, Advocate for R-2. .....Respondents CRL.M.C. 2760/2017, Crl.M.A.11387/2017 HARVINDER KAUR Through: Mr. Tushar Agarwal, Advocate .....Petitioner Versus STATE OF NCT OF DELHI AND ANOTHER Through: Mr. M.S. Oberoi, APP for State with SI Manoj Kumar, PS Rajouri Garden. Mr. Anindya Malhotra, Advocate for R-2. .....Respondents CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of charge sheet filed in FIR No.1305/2015, under Sections 323/341/451/456/506/120B/34 of IPC registered at police station Rajouri Garden, Delhi is sought in above captioned two petitions. CRL.M.Cs. 1962/2017& 2760/2017 Page 1 of 2 Since both these petitions arise out of one FIR, therefore, with...


Feb 06 2019

Kirti Abrol vs.state Nct of Delhi

Court: Delhi

Decided on: Feb-06-2019

$~39 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:-"6th February, 2019 + CRL.A. 734/2002 KIRTI ABROL Through: Mr. R.D. Mehra, Advocate with ..... Appellant Ms. Sweety Singh, Mr. Girish Chandra, & Ms. Archana Kumari, Advocates with appellant in person. versus STATE NCT OF DELHI ..... Respondent Through: Mr. Kewal Singh Ahuja, APP for the State with ASI Mukesh Kumar, PS Sarojini Nagar. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA1 JUDGMENT (ORAL) Bindu, then about 24 years old, her parents having passed away, she being the fifth amongst five siblings, was under the care of her elder brother Madan Mohan Khanna (PW-2). She was married to Kirti Abrol (the appellant) on 12.08.1986, the marriage having been solemnized in Hotel Claridges, New Delhi. Kirti Abrol was living with his parents and other members of the family in property described as B-2/200, Safdarjung Enclave, a 2 storeyed structure wherein there is evidence to show that a tenant was occupying the second floor, the rest of the porti...


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