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Delhi Court December 2011 Judgments

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Dec 12 2011

Rfa(Os) 79/20 Vs. State Bank of India

Court: Delhi

Decided on: Dec-12-2011

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on : 23rd November, 2011 % Judgment delivered on : 12th December, 2011 + RFA(OS) 79/2011 VIRENDER SINGH ...Appellant Through: Mr.Ajay Verma, Advocate versus STATE BANK OF INDIA ...Respondent Through: Mr.Prashant Mishra, Advocate for Mr.S.N.Relan, Advocate RFA(OS) 80/2011 BHUPENDER SINGH ...Appellant Through: Mr.Ajay Verma, Advocate versus STATE BANK OF INDIA ...Respondent Through: Mr.Prashant Mishra, Advocate for Mr.S.N.Relan, Advocate RFA(OS) 81/2011 RAJENDRA SINGH ...Appellant Through: Mr.Ajay Verma, Advocate versus STATE BANK OF INDIA ...Respondent Through: Mr.Prashant Mishra, Advocate for Mr.S.N.Relan, Advocate RFA (OS) 79/2011 and connected matters Page 1 of 12 RFA(OS) 82/2011 PUSHPA SINGH ...Appellant Through: Mr.Ajay Verma, Advocate versus STATE BANK OF INDIA ...Respondent Through: Mr.Prashant Mishra, Advocate for Mr.S.N.Relan, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, ...


Dec 12 2011

Commissioner of Income Tax Vs. Wimco Seedlings Ltd

Court: Delhi

Decided on: Dec-12-2011

* THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 25.11.2011 % Judgment delivered on: 12.12.2011 + ITA 1367/2008, 1368/2008 and ITA No.1391/2008 COMMISSIONER OF INCOME TAX ...APPELLANT VS. WIMCO SEEDLINGS LTD. ...RESPONDENT Advocates who appeared in this case: For the Appellant : Mr. Sanjeev Rajpal For the Respondents: Ms. Kavita Jha and Mr. Somnath Shukla CORAM :- HON'BLE MR JUSTICE SANJAY KISHAN KAUL HON'BLE MR JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J.1. The captioned appeals being three (3) in number are directed against a common judgment of the Income Tax Appellate Tribunal (hereinafter referred to as the Tribunal) dated 22.02.2008. ITA No.1367/2008 relates to Assessment Year 1991-1992; ITA No.1368/2008 pertains to Assessment Year 1990-1991, while ITA No.1391/2008 pertains to Assessment Year 1989-1990. 1.1 The short issue involved in these appeals is: whether common expenses incurred by an assessee can be allocated towards taxable and non-taxable income ITA Nos.1367/08 ,...


Dec 12 2011

Naresh Kumar and ors Vs. State and ors

Court: Delhi

Decided on: Dec-12-2011

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. No. 3818/2011 % Judgment delivered on:12th December, 2011 NARESH KUMAR AND ORS ..... Petitioner Through: Mr.C.Parkash and Mr.Sachin Kumar, Advs. versus STATE AND ORS ..... Respondents Through : Ms.Rajdipa Behura, APP for State with SI Ram Pal, police station Uttam Nagar, New Delhi in person. Mr.Sachin Nahar, Adv for R-2 with respondent in person. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J. (Oral).1. Notice issued..2. Ms.Rajdipa Behura, learned APP on behalf of State/respondent No.1 and Mr.Sachin Nahar, learned counsel on behalf of respondent No.1 accept notice..3. Learned counsel for petitioners submits that vide FIR No.546/2000 under Section 447/467/468/471/34 IPC a case was Crl.M.C.No.3818/2011 Page 1 of 4 registered against the petitioners at police station Uttam Nagar, on the complaint of respondent No.2..4. He further submits that the matter has been settled between the parties at the Delhi High Court Mediation a...


Dec 12 2011

Som Dutt and ors Vs. State and anr

Court: Delhi

Decided on: Dec-12-2011

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4115/2011 % Judgment delivered on:12th December, 2011 SOM DUTT and ORS. ..... Petitioner Through : Mr.Sanjay Goel, Adv. versus STATE and ANR. ..... Respondent Through : Mr. Naveen Sharma, APP. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J. (Oral) 1 Learned counsel for the petitioners submits that initially, the respondent No.2. has filed complaint case against the petitioners and thereafter the same was converted into FIR No.94. dated 11.03.2009 under Sections 420/467/506/468/471/469/379 of Indian Penal Code, 1860 at P.S. Burari.2. Learned counsel further submits that respondent No. 2, due to the intervention of neighbourers and relatives has amicably settled all the issues qua the aforesaid FIR and he does not want to pursue the case further in lieu of the settlement arrived at between the parties, due Crl.M.C.4115/2011 Page 1 of 3 to the intervention of neibourers and relatives.3. Learned APP for State submits that all...


Dec 12 2011

Sanjeet Singh Vs. High Court of Delhi and anr

Court: Delhi

Decided on: Dec-12-2011

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved On: November 25, 2011 Judgment Delivered On: December 12, 2011 + W.P.(C) No.1435/2011 SANJEET SINGH ..... Petitioner Through: Petitioner in person versus HIGH COURT OF DELHI and ANR. ....Respondents Through: Mr.Viraj R.Datar and Mr.Chetan Lokur, Advocates for R-1/Delhi High Court W.P.(C) No.1701/2011 PUNEET GARG ..... Petitioner Through: Mr.Amit Sachdeva, Advocate versus HIGH COURT OF DELHI and ANR. ....Respondents Through: Mr.Viraj R.Datar and Mr.Chetan Lokur, Advocates for R-1/Delhi High Court W.P.(C) No.1702/2011 HITESH VERMA ..... Petitioner Through: None versus HIGH COURT OF DELHI and ANR. ....Respondents Through: Mr.Viraj R.Datar and Mr.Chetan Lokur, Advocates for R-1/Delhi High Court W.P.(C) No.2156/2011 RANDHIR BAWA ..... Petitioner Through: Mr.R.D.Bawa, Advocate W.P.(C) No.1435/2011 and conn. matters Page 1 of 17 versus HIGH COURT OF DELHI and ANR. ....Respondents Through: Mr.Viraj R.Datar and Mr.Chetan Lokur, Advoc...


Dec 12 2011

Satbir Singh and anr Vs. Balraj Singh and anr

Court: Delhi

Decided on: Dec-12-2011

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + Crl. M.C. 4119/2011 % Judgment delivered on:12th December, 2011 SATBIR SINGH and ANR. ..... Petitioners Through: Mr. Abhishek Sethi, Adv. versus BALRAJ SINGH and ANR. ..... Respondents Through: Mr.Abhishek Sethi, Adv. for R-1. Ms. Rajdipa Behura, APP for State/R-2. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J. (Oral).1. Ld. Counsel for the petitioner submits that vide FIR no.466. dated 22.06.2000, case under Section 380/411/448/34 Indian Penal Code, 1860 was registered at Police Station - Patel Nagar against the petitioners on the complaint of respondent no..1. 2. Ld. Counsel further submits that respondent no.1. has settled all issued qua the aforesaid FIR and he is no more interested to pursue the case further and if the present FIR is quashed he has no objection..3. Respondent no.1. is personally present in the court and he has produced the original I-Card issued by Election Commission of India, photocopy of the same is at Pa...


Dec 09 2011

Glaxo Smith Kline Vs. Union of India and anr

Court: Delhi

Decided on: Dec-09-2011

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 9th December, 2011. + LPA No.971/2011 % GLAXO SMITH KLINE PHARMACEUTICALS LTD and ANR ...... Appellants Through: Mr. T.R. Andhyarujina and Mr. S. Ganesh, Sr. Advocates with Mr. U.A. Rana, Ms. Mrinal Mazumdar and Mr. Shoumik Ghoshal, Advocates. Versus UNION OF INDIA and ANR. ..... Respondents Through: Mr. A.S. Chandhiok, ASG with Ms. Maneesha Dhir, Mr. K.P.S. Kohli and Mr. Kshitiz Khera, Advocates. CORAM :- HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW JUDGMENT RAJIV SAHAI ENDLAW, J..1. The appeal impugns the order dated 11th November, 2011 of the learned Single Judge dismissing the application of the appellants for interim relief, while issuing notice of the writ petition being W.P.(C) No.7949/2011 preferred by the appellants..2. The challenge in the writ petition is to the demand dated 10 th October, LPA 971/2011 Page 1 of 15 2011 of the respondents for `24744.05 lakhs towards interest. The said inte...


Dec 09 2011

M/S. Delhi Assam Roadways Vs. the Oriental Insurance Company

Court: Delhi

Decided on: Dec-09-2011

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA No.442/2003 % 9th December, 2011 M/S. DELHI ASSAM ROADWAYS CORPORATION LTD. ..... Appellant Through: Mr. Rajiv Bansal, Advocate with Mr. Manu Beri, Advocate. Versus THE ORIENTAL INSURANCE COMPANY LTD. ..... Respondent Through: Mr. Atul Jha, Advocate with Mr. Sandeep Jha, Advocate. CORAM: HON'BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J. MEHTA, J (ORAL).1. The challenge by means of this Regular First Appeal under Section 96 of Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 27.2.2003. By the impugned judgment, the trial Court decreed the suit of the respondent/plaintiff/insurance RFA No.442/2003 Page 1 of 7 company/subrogee for recovery of ` 4,75,972/- against the appellant/defendant/common carrier..2. The facts of the case are that one M/s. K.L.J. Plasticizers, K.L.J. House, 63, Rama Marg, Najafgarh Road, New Delhi booked a consignment of orthoxylene with the app...


Dec 09 2011

B.M. Bhatnagar Vs. Hindustan Vegetable Oils

Court: Delhi

Decided on: Dec-09-2011

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 9th December, 2011 + W.P.(C) 5263/1998 % B.M. BHATNAGAR .......Petitioner Through: Mr. Gaurav Mitra and Ms. Priyanka Gupta, Advs. Versus HINDUSTAN VEGETABLE OILS CORPORATION LTD. and ORS. ..... Respondents Through: Ms. Sonia Arora, Adv. for R-1 to R-4. CORAM :- HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW JUDGMENT RAJIV SAHAI ENDLAW, J..1. The writ petition was filed nearly 13 years ago for, declaration of Rule No.4.1(iii) of the Hindustan Vegetable Oils Corporation Ltd. (Conduct Discipline and Appeal) Rules, 1985 as void on the ground that the same is vague, arbitrary and without any guidelines, capable of inherent gross discrimination and violative of Article 14 of the Constitution of India, and further impugning the order dated 17.03.1998 of dismissal of the petitioner W.P.(C) No.5263/1998 Page 1 of 10 from service of the respondent. Rule was issued on 22.10.1998. The writ petition thereafter was ...


Dec 09 2011

Rajendra Kumar Vs. Bses Yamuna Power Ltd

Court: Delhi

Decided on: Dec-09-2011

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4095/2011 % Judgment delivered on:9th December, 2011 RAJENDRA KUMAR ..... Petitioner Through : Mr. Sanjay Sharma, Adv. versus BSES YAMUNA POWER LTD ..... Respondent Through : Ms.Anjali Sharma, Adv. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J. (Oral) CRL. M.A. 19089/2011 (Exemption) Allowed subject to all just exceptions. CRL. M.C. 4095/2011 1 Notice issued.2. Ms.Anjali Sharma, learned counsel for respondent accepts notice on behalf of BSES.3. With the consent of parties, the matter is being taken up for final disposal.4. Vide the instant petition, the petitioner has sought for quashing of Crl.M.C.4095/2011 Page 1 of 4 proceedings of complaint case No.574/2008 pending before the court of Special Judge, Electricity, Saket Courts, New Delhi.5. Learned counsel further submits that initially, the respondent raised a bill for the sum of Rs.79,250/- LPSC and the amount due was Rs. 9,43,626/- 6 Learned counsel further submits ...


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