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Delhi Court July 2019 Judgments

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Jul 17 2019

Hitachi Transport System India Private Limited(in vol.liqn.) Vs....... ...

Court: Delhi

Decided on: Jul-17-2019

$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI CO.PET. 16/2019 HITACHI TRANSPORT SYSTEM INDIA PRIVATE LIMITED(IN VOL.LIQN.) Date of decision:17.07.2019 Through Mr.Kunal Liquidator. Sharma, Adv. ........ Petitioner for the Official 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). The prayer made in the petition is that the subject company, i.e. Hitachi Transport System India Private Limited (herein referred to as the said company), may be wound up and finally dissolved from the date of the filing of the instant petition.2. The record shows that the said Company in issue was incorporated on 12.11.2007, vide Registration No. 170306, with the Registrar of Companies (ROC), NCT of Delhi and Haryana. The Corporate Identity Number of the Company is U60231DL2007FTC170306.3. The registered office of the said Company in issue is s...


Jul 17 2019

M/S. Mega Media Solutions vs.commissioner Trade & Taxes & Anr.

Court: Delhi

Decided on: Jul-17-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI $~ * 37 + M/s. MEGA MEDIA SOLUTIONS ........ Petitioner W.P.(C) 9282/2017 Through: Mr Varun Nischal, Mr Arif Ahmed Khan, Ms Gaumi Grover and Mr Manoj Kumar, Advocates. versus COMMISSIONER TRADE & TAXES & ANR. Through: Mr Satyakam, ASC for GNCTD. ........ RESPONDENTS CORAM: JUSTICE S. MURALIDHAR JUSTICE TALWANT SINGH % ORDER1707.2019 Dr. S. Muralidhar, J.:1. This is yet another case where the... RESPONDENTS are seeking to avoid granting refund to the... Petitioner on the basis of zero demand orders 2. The practice of passing zero demand orders to deny refunds was frowned upon by this Court even earlier. Illustratively, reference may be made to the orders dated 21st November, 2016 in W.P.(C) No.9252/2016 (Aesthetic Packaging v. Commissioner of VAT) and 6th August, 2018 in W.P.(C) No.1563/2018 (M/s Arora Enterprises v. Commissioner, Trade & Taxes). Yet, the practice has not stopped.3. This petition itself has a chequered history. The... Petitioner i...


Jul 17 2019

Mohd Mujeeb Alias Sonu Kumar & Anr. Vs.state & Ors.

Court: Delhi

Decided on: Jul-17-2019

10 $~ * + W.P.(CRL) 1849/2019 IN THE HIGH COURT OF DELHI AT NEW DELHI MOHD MUJEEB alias SONU KUMAR & ANR. ........ Petitioners Through Mr. Zeeshan Khan with Mr. Varun Agrawal, Ms. Jyoti Zonglugu and Mr. Mafaz Saleem, Advocates... Petitioner nos. 1 in person. versus STATE & ORS. Through Mr. Rahul Mehra, Standing ........ RESPONDENTS Counsel (Criminal) with Insp. Suman Kumar Singh and SI Satish Saini, PS Sarita Vihar for State/R-1 to R-5. Ms. Pooja Gupta, petitioner No.2 in person. Ms. Suyesha Saini, Advocate for R- 9 to R-12. Respondent nos. 6 to 9 in person. Date of Decision:17. h July, 2019 % CORAM: HON'BLE MR. JUSTICE MANMOHAN HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL JUDGMENT MANMOHAN, J: (Oral) 1. Present writ of habeas corpus has been filed by the petitioner No.1 seeking production of petitioner No.2-Ms. Pooja Gupta. W.P.(Crl.) 1849/2019 Page 1 of 3 2. It has been averred in the present petition that the petitioner No.1 had converted to Hindu faith on 2nd June, 2019 and had marri...


Jul 17 2019

Atul Gulati & Anr vs.varsha Mehra & Ors

Court: Delhi

Decided on: Jul-17-2019

$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:09. h July, 2019 Pronounced on:17. h July, 2019 EX.S.A. 2/2018, CM APPL No.54552/2018, 1396/2019 ATUL GULATI & ANR ..... Appellants Through : Mr.Deepak K.Sharma, Mr.Ashish Sharma, Advocates. versus VARSHA MEHRA & ORS ........ RESPONDENTS Through : Mr.Sanjeev Sindhwani, Senior Mr.Aman Advocate Nandrajog, Mr.Arjun Nanda, Advocates. with CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA YOGESH KHANNA, J.1. This second appeal is against the judgment dated 01.09.2018 passed by the learned District and Sessions Judge, South-East District, Saket Courts, New Delhi in RCT/ARCT No.22/2018 whereby the order dated 21.07.2018 passed by the learned ACJ/CCJ/ARC, South-East District, Delhi was upheld.2. (i) The facts as alleged by the petitioner are as under:-"Late father of the appellants and respondent Nos. 2 to 5 herein i.e. Shri Subhash Chander Gulati was the original tenant of the Shop No.12, Defence Colony Market, New Delhi-110024 (hereinafter ...


Jul 17 2019

Anita Devi & Ors. Vs.veer Pal & Ors. (United India Insurance Co. Ltd.)

Court: Delhi

Decided on: Jul-17-2019

$~10 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:17. 07.2019 MAC.APP. 987/2018 & CM No.46761/2018 ANITA DEVI & ORS Through: Mr. P.C. Dogra, Advocate. ..... Appellants Versus VEER PAL & ORS (UNITED INDIA INSURANCE CO LTD ) ........ RESPONDENTS Through: Mr. Pankaj Seth, Advocate for Respondent No.3. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. This appeal impugns the award of compensation on the ground that compensation was not awarded on the basis of the Salary Certificate produced apropos the employment of the deceased. It is the appellants case that the deceased, a graduate, was employed by one Iqbal Singh, an agent of EXL India Co., a franchisee of Jaipur Golden Transport Co., and Iqbal Singh had issued Salary Certificate on his letter head, stating as under:-"THIS IS TO CERTIFIED (sic) THAT MR. VINOD PURI SON OF SHRI RAMESH PURI RESIDENT OF ; HOUSE No.B- 122, BLOCK-B, RAJA VIHAR, BADLI DELHI-110042, WAS WORKING AS "MANAGER" IN OUR ABOVE MENTIONED OF...


Jul 17 2019

The United India Insurance Co. Ltd. Vs.ram Bhateri & Ors.

Court: Delhi

Decided on: Jul-17-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI $~18 to 20 * % + MAC.APP. 224/2019 & CM APPL. 6222/2019 Decided on:17. 07.2019 THE UNITED INDIA INSURANCE CO LTD ..... Appellant Through: Mr. S.P. Jain and Mr. Himanshu Gambhir, Advocates. versus RAM BHATERI & ORS ........ RESPONDENTS Through: Mr. Jatinder Kumar, Advocate for R-1. Dr. Puran Chand, Advocate for R-2 & R-3. Mr. Rajiv Kumar Ghawana, Mr. Jitender Vashisht and Mr. Parveen Kumar, Advocates for R-4. Mr. Brijesh Bagga, Advocate for R-5. + MAC.APP. 225/2019 & CM APPL. 6226/2019 THE UNITED INDIA INSURANCE CO LTD ..... Appellant Through: Mr. S.P. Jain and Mr. Himanshu Gambhir, Advocates. versus INDIRA & ORS (IFFCO-TOKIO GENERAL INSURANCE CO.LTD.) Through: Mr. Jatinder Kumar, Advocate for ........ RESPONDENTS R-1 to R-5. Dr. Puran Chand, Advocate for R-6 & R-7. MAC.APP. Nos. 224, 225 & 227/2019 Page 1 of 8 Mr. Brijesh Bagga, Advocate for R-9. Mr. Rajiv Kumar Ghawana, Mr. Jitender Vashisht and Mr. Parveen Kumar, Advocate for R-8. + MAC.APP. 22...


Jul 17 2019

M/S. Jagat Gems & Jewellery vs.union of India & Ors.

Court: Delhi

Decided on: Jul-17-2019

$~18 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:17. h July, 2019 + W.P.(C) 13841/2018, C.M.Nos.54073/2018 & 8214/2019 M/S. JAGAT GEMS & JEWELLERY ........ Petitioner Through: Mr.Ankul Chandra Pradhan, Sr.Adv. with Mr.P.C.Patnaik, Advts. versus UNION OF INDIA & ORS. ........ RESPONDENTS Through: Ms.Maninder Acharya, ASG with Mr.Ravi Prakash, CGSC, Mr.Farman Ali and Mr.Viplav Acharya, Advts. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE JYOTI SINGH G.S. SISTANI, J.(ORAL) 1. Learned counsel appearing for the petitioner firm submits that the petitioner was awarded an Export House No.0006 on 22.01.2004 for achieving good export turnover. Consequently, plot bearing no.129G- measuring 1290 square meters was allotted to the petitioner firm on 21.10.2004. Keeping in view the high export turnover, the office of the Development Commissioner vide their letter dated 23.12.2005 awarded two star export house certificate to the petitioner based on their performance. The ...


Jul 17 2019

Nandita Narain vs.st. Stephens College Through Its Principal & Ors

Court: Delhi

Decided on: Jul-17-2019

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:15. h July, 2019 Pronounced on:17. h July, 2019 % + W.P. (C) 7137/2019 & CM APPL.29702/2019 NANDITA NARAIN ........ Petitioner Through: Mr. Colin Gonsalves, Sr. Adv. with Mr. Siddharth Seem, Adv. versus ST. STEPHEN'S COLLEGE THROUGH: ITS PRINCIPAL & ORS ........ RESPONDENTS Through: Mr. A. Mariarputham, Sr. Adv. with Mr. Romy Chacko, Mr. Rajesh Roshan and Ms. Anuradha Arputham, Advs. for R-1 to 3 Mr. Mohinder J.S. Rupal, Adv. with Mr. Hardik Rupal, Mr. Prang Newmai and Mr. Kousik Ghosh, Advs. for University of Delhi CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT C.HARI SHANKAR, J.1. The petitioner is Associate Professor of Mathematics in the Respondent No.1- College (hereinafter referred to as the College). Purportedly championing the cause of those who sought to obtain admission to the portals of the College, but failed to do so, the petitioner essentially asserts, in this writ petition, that, again...


Jul 17 2019

Gulab Singh vs.m/s Presidium School & Anr

Court: Delhi

Decided on: Jul-17-2019

$~20 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:17. h July, 2019 GULAB SINGH + W.P.(C) 8561/2014 versus ........ Petitioner Through: Mr.Sheetesh Khanna, Advocate M/S PRESIDIUM SCHOOL & ANR ........ RESPONDENTS Through: Mr.Sunil Kumar, Advocate for respondent No.1. Ms.Savita Malhotra, Ms.Suman Malhotra, Advocates for respondent No.2.1. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) The petitioner has challenged the award of the Labour Court whereby the Labour Court rejected the claim of the petitioner for reinstatement and back wages.2. The petitioner was appointed with respondent No.2 who posted him at respondent No.1s school in January, 2007. On 30th September, 2010, the petitioner was involved in an incident of mobile snatching whereupon respondent No.1 told respondent No.2 to dispense with the services of the petitioner. Respondent No.2 terminated the services of the petitioner on 16th October, 2010. The petitioner raised an industrial dispute which was refe...


Jul 17 2019

Pradeep Kumar Aggarwal vs.shri Praveen Aggarwal & Another

Court: Delhi

Decided on: Jul-17-2019

$~OS-12 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:17. 07.2019 CS(OS) 255/2017 PRADEEP KUMAR AGGARWAL Through Mr.Pankaj Gupta, Adv. ..... Plaintiff versus SHRI PRAVEEN AGGARWAL & ANOTHER ..... Defendant Through Mr.Manish Gandhi, Adv. for D-1 Mr.Gautam Gupta and Mr.Dhruv Verma, Advs. for D-2/Union Bank of India Mr.A.S.Kulshrestha, Adv. for proposed D-5 CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(Oral) IA No.10300/2018 1. This application is filed under Order 6 Rule 17 CPC read with Order 1 Rule 10 CPC and section 151 CPC seeking amendment of the plaint and for addition of defendants No.3, 4 and 5 as parties to the suit. The accompanying suit is filed for decree of partition of immovable property being F-8, Geetanjali Enclave, New Delhi-110017 by metes and bounds to claim the share of the plaintiff as 50%.2. In this application for amendment it is stated that defendant No.1 has filed written statement and stated that the parents of the parties to the family...


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