Delhi High Court

93,877 judgments

Year:

Davinder Kumar Chadha & Anr. v. Pushpa Rani Sahani

11 Feb 2015 · Mukta Gupta · 2015:DHC:1356

The Delhi High Court granted leave to defend in an eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, holding that prima facie material raised triable issues regarding bona fide requirement and alternative accommodation.

property appeal_allowed Significant Delhi Rent Control Act, 1958 Section 14(1)(e) leave to defend bona fide requirement

Suresh Kumar Kaushik v. Raj Bala & Ors.

11 Feb 2015 · Mukta Gupta · 2015:DHC:1354

The Delhi High Court dismissed the petition challenging eviction under the Delhi Rent Control Act, holding that the petitioner failed to establish concealment of facts or a triable issue warranting leave to defend.

property petition_dismissed eviction Delhi Rent Control Act, 1958 bona fide requirement leave to defend

Sajjan Kumar and Ors. v. UOI and Ors.

11 Feb 2015 · Rajiv Shakdher · 2015:DHC:1387

The Delhi High Court held that seizure of title documents without following the procedural safeguards under Section 28BA of the Customs Act is unlawful and ordered their release to the petitioners.

administrative petition_allowed Significant Customs Act, 1962 Section 110(3) Section 28BA provisional attachment

M/S. A M ENTERPRISES v. ASSISTANT PROVIDENT FUND COMMISSIONER

11 Feb 2015 · Deepa Sharma · 2015:DHC:1386

Delhi High Court restrained coercive recovery measures against petitioner pending hearing of statutory appeal stalled due to vacancy of Appellate Tribunal Presiding Officer under EPF Act.

administrative petition_allowed Significant Employee’s Provident Fund and Miscellaneous Provisions Act, 1952 Section 7(I) appeal Appellate Tribunal Presiding Officer vacancy

M/S SHREE KRISHNA KESHAV LABORATORIES LIMITED v. REGIONAL PROVIDENT FUND COMMISSIONER

11 Feb 2015 · Deepa Sharma · 2015:DHC:1389

The Delhi High Court restrained coercive recovery measures against the petitioner pending hearing of a statutory appeal that could not be heard due to non-appointment of the Appellate Tribunal's Presiding Officer.

administrative petition_allowed Significant Employees' Provident Fund and Miscellaneous Provisions Act, 1952 Section 7(I) appeal Presiding Officer vacancy Appellate Tribunal

M/S WORSHIP IMPEX PVT. LTD v. MANORANJANA SINH

11 Feb 2015 · Sanjeev Sachdeva · 2015:DHC:1360

The Delhi High Court set aside the CLB's interim order directing investigation into a non-subject company under section 247(1A) without hearing, holding such powers are limited to the company subject matter of proceedings and must be exercised with due process.

corporate appeal_allowed Significant Section 247(1A) Companies Act Company Law Board Investigation powers Impleadment application

JINDAL STEEL & POWER LIMITED & ANOTHER v. UNION OF INDIA & OTHERS

11 Feb 2015 · Badar Durrez Ahmed; Sanjeev Sachdeva · 2015:DHC:1359-DB

The Delhi High Court quashed the change of end-use and amalgamation of certain coal blocks, directing reconsideration based on proper criteria and legislative intent including inclusion of captive power generation.

administrative appeal_allowed Significant Coal Mines (Special Provisions) Ordinance, 2014 end-use classification coal block amalgamation extractable reserves

Manish v. State (GNCT of Delhi)

11 Feb 2015 · Sunil Gaur · 2015:DHC:1377

The Delhi High Court dismissed the petition seeking concurrent sentences in two FIRs, holding that imprisonment in default of fine cannot run concurrently and applying the single transaction rule.

criminal petition_dismissed Section 427 Cr.P.C. concurrent sentence single transaction rule imprisonment in default of fine

Rajiv Malhotra v. State & Anr.

11 Feb 2015 · Sunil Gaur · 2015:DHC:1378

The Delhi High Court dismissed petitions seeking quashing of an FIR based on a mediated settlement agreement due to factual disputes and the filing of a charge-sheet, holding that such matters cannot be resolved under Section 482 CrPC at the quashing stage.

criminal petition_dismissed quashing of FIR mediated settlement agreement Section 482 CrPC violation of settlement

Rajiv Malhotra v. State & Anr.

11 Feb 2015 · Sunil Gaur · 2015:DHC:1384

The Delhi High Court dismissed petitions seeking quashing of an FIR based on a disputed mediated settlement agreement after a charge-sheet was filed, holding that such matters require evidentiary adjudication and cannot be summarily quashed under Section 482 Cr.P.C.

criminal petition_dismissed quashing of FIR Section 482 Cr.P.C. mediated settlement agreement breach of settlement

Commissioner of Income Tax –II v. M/S Micron Steels Pvt. Ltd.

11 Feb 2015 · S. Ravindra Bhat; R.K. Gauba · 2015:DHC:1375-DB

Assessment orders framed against a company dissolved by amalgamation are void and cannot be cured by Section 292B, requiring proceedings against the transferee company.

tax appeal_dismissed Significant amalgamation assessment order Income Tax Act Section 170

Mohan S Lakhani v. Income Tax Officer & Anr.

11 Feb 2015 · S. Ravindra Bhat; R.K. Gauba · 2015:DHC:1374-DB

The Delhi High Court held that failure to prove valid service of notice under Section 143(2) within the limitation period renders the assessment invalid, and participation under protest does not waive this right.

tax appeal_allowed Significant Section 143(2) notice Income Tax Act limitation period valid service of notice participation under protest

Sudhir Chaudhry v. State; Samir Ahluwalia v. State

11 Feb 2015 · Ved Prakash Vaish · 2015:DHC:1417

The Delhi High Court held that consenting accused persons furnishing voice samples by reading incriminating text does not violate Article 20(3) protection against self-incrimination, dismissing their petitions challenging the trial court's order.

criminal petition_dismissed Significant voice sample Article 20(3) Constitution of India self-incrimination CrPC Section 482

New India Assurance Co Ltd v. Chand Tara Begum and Ors.

11 Feb 2015 · G. P. Mittal · 2015:DHC:1407

The Delhi High Court partially allowed the insurance company's appeal by reducing the compensation awarded in a motor accident claim, holding that Transport Allowance need not be deducted beyond personal expenses and that addition for future prospects was justified despite non-permanent employment.

civil appeal_allowed Significant Motor Accident Claims Tribunal Compensation Transport Allowance Future Prospects

National Insurance Company Ltd. v. Nirmala @ Nirmal & Ors.

11 Feb 2015 · G. P. Mittal · 2015:DHC:1406

The Delhi High Court dismissed the insurance company’s appeal, holding it liable to pay compensation as it failed to prove the insured driver’s licence was invalid or that there was a willful breach of policy conditions.

motor_accident_claims appeal_dismissed motor accident claim insurance liability valid driving licence willful breach of insurance policy

National Insurance Co Ltd v. Hoshiar Singh & Ors.

11 Feb 2015 · G. P. Mittal · 2015:DHC:1411

The Delhi High Court dismissed the insurance company's appeal against the refusal to restore an appeal dismissed in default, holding that casual conduct and failure to show sufficient cause do not justify restoration under CPC.

civil appeal_dismissed restoration of appeal Order 9 Rule 9 CPC Order 41 Rule 19 CPC sufficient cause

National Insurance Company Ltd. v. Mamta Gupta & Ors.

11 Feb 2015 · G. P. Mittal · 2015:DHC:1413

The Delhi High Court held that an insurer remains statutorily liable to pay third party compensation despite conscious breach of policy terms, with a right to recover from the insured.

civil appeal_dismissed Significant Motor Vehicles Act, 1988 Section 149(2) insurance policy breach statutory liability

National Insurance Company Ltd. v. Mamta Gupta & Ors.

11 Feb 2015 · G. P. Mittal · 2015:DHC:1414

The insurer remains statutorily liable to pay compensation to third parties despite conscious breach of insurance policy terms but can recover the amount from the insured.

civil appeal_dismissed Significant Motor Vehicles Act, 1988 Section 149(2) Insurance policy breach Statutory liability

M/S G.S. BERAR & CO PVT LTD. AND ANR v. M/S TRANS ASIAN INDUSTRIES EXPOSITIONS PVT. LTD.

11 Feb 2015 · Hima Kohli · 2015:DHC:1412

The Delhi High Court disposed of a contempt petition against a respondent for delayed payment of use and occupation charges upon their undertaking to pay outstanding amounts with interest and cautioned strict future compliance.

civil petition_dismissed contempt of court use and occupation charges payment of rent court orders compliance

BURGER KING INDIA PVT LTD & ANR v. VISHAMBER SHEWAKRAMANI & ORS

11 Feb 2015 · Hima Kohli · 2015:DHC:1408

The Delhi High Court disposed of the suit seeking an anti-suit injunction restraining defendants from initiating proceedings outside the court, allowing pending specialized proceedings to continue and binding defendants by their undertaking not to initiate further litigation.

civil appeal_dismissed anti-suit injunction trademark BURGER KING status quo