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Delhi Court December 2011 Judgments

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Dec 16 2011

M/S Aakriti Carpet (P) Ltd Vs. Sh. Naresh Kumar and anr

Court: Delhi

Decided on: Dec-16-2011

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA No. 171/2009 % 16th December, 2011 M/S AAKRITI CARPET (P) LTD. ..... Appellants Through : Mr. Rajiv K. Garg and Mr. Ashish Garg, Advocates. versus SH. NARESH KUMAR and ANR. ..... Respondents Through : Mr. Vikas K. Chadha and Mr. R.K. Jain, Advocates. Ms. Mini Pushkarna, Advocate for MCD. 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 (RFA) filed under Section 96 of the Code of Civil Procedure, 1908(CPC) is to the impugned judgment of the trial court dated 2.4.2009, by which judgment the trial court decreed the suit filed by the respondent / plaintiff / landlord against the appellant / defendant under Order 12 Rule 6 CPC for possession..2. The facts of the case are that the respondent / plaintiff inducted the appellant / defendant as a tenant in the suit property bearing No.447 (Old No.123), B-259, Gali Mandir Wali, Shahbad ...


Dec 16 2011

Agrasen Co-operative Group Vs. Delhi Development Authority

Court: Delhi

Decided on: Dec-16-2011

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on : 09th December, 2011 % Judgment delivered on : 16th December, 2011 + RFA(OS) 67/1998 AGRASEN CO-OPERATIVE GROUP HOUSING SOCIETY LIMITED ....Appellant Through : Mr.N.K.Khetarpal, Advocate. versus DELHI DEVELOPMENT AUTHORITY ....Respondent Through : Ms.Anusuya Salwan, Advocate. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J..1. Present appeal has been preferred by the appellant society against the judgment and decree dated 23.01.1998 passed by learned Single Judge whereby the suit filed by the appellant society for recovery of `11,81,350/- with pendent lite and future interest as well as costs was dismissed..2. Briefly facts of the case are that the appellant society was allotted land measuring 4.383 acres at plot No.66, Patparganj, Delhi by respondent vide letter dated 14.05.1983. Possession of the land in question was handed over to the representative of the appellant society on 03.06...


Dec 16 2011

Airport Authority of India Vs. Commissioner of Income Tax

Court: Delhi

Decided on: Dec-16-2011

* IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 432 OF 2008 ITA 433 OF 2008 ITA 437 OF 2008 ITA 517 OF 2008 ITA 792 OF 2008 ITA 1250 OF 2008 ITA 1251 OF 2008 Judgment Reserved On: 2.12.2011 % Judgment Pronounced On:16.12.2011 (1) ITA 432/2008 AIRPORT AUTHORITY OF INDIA . . . APPELLANT Through :. Mr. O.S. Bajpai, Sr. Advocate with Ms. Manasvini Bajpai and Mr. V.N. Jha, Advocates. VERSUS COMMISSIONER OF INCOME TAX . . .RESPONDENT Through: Mr. Kamal Sawhney, Sr. Standing Counsel. (2) ITA 433/2008 AIRPORT AUTHORITY OF INDIA . . . APPELLANT Through :. Mr. O.S. Bajpai, Sr. Advocate with Ms. Manasvini Bajpai and Mr. V.N. Jha, Advocates. ITA Nos.ITA 432/2008,433/2008,ITA 437/2008,ITA 517/2008 Page 1 of 26 ITA 792/2008,ITA 1250/2008,ITA 1251/2008 VERSUS COMMISSIONER OF INCOME TAX . . .RESPONDENT Through: Mr. Kamal Sawhney, Sr. Standing Counsel. (3) ITA 437/2008 AIRPORT AUTHORITY OF INDIA . . . APPELLANT Through :. Mr. O.S. Bajpai, Sr. Advocate with Ms. Manasvini Bajpai and Mr. V.N. Jha, Advoca...


Dec 16 2011

Commissioner of Income Tax Vs. Integrated Technologies Ltd

Court: Delhi

Decided on: Dec-16-2011

* IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA NO.530/2011 Reserved on : 28th November, 2011. % Date of Decision : 16th December, 2011. Commissioner of Income Tax .... Appellant Through : Mr. Kamal Sawhney, sr. standing counsel with Mr. Amit Shrivastava, Advocate. VERSUS Integrated Technologies Ltd. .....Respondent Through CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE R.V. EASWAR.1. Whether Reporters of local papers may be allowed to see the judgment?.2. To be referred to the Reporters or not Yes.3. Whether the judgment should be reported in the Digest? Yes R.V. EASWAR, J.: This is an appeal filed by the revenue under Section 260A of the Income Tax Act, 1961 ("Act", for short) against the order dated 30th April, 2010 passed by the Income Tax Appellate Tribunal ("Tribunal", for short), Delhi Bench "C" in ITA No.1559/Del./2008 in respect of the assessment year 2004-05. ITA 530/2011 Page 1 of 11.2. The assessee is a company. It filed a return of income on 18.10.2004 declar...


Dec 16 2011

Parmod Malik Vs. Union of India and anr

Court: Delhi

Decided on: Dec-16-2011

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved On: November 28, 2011 Judgment Delivered On: December 16, 2011 + LPA 962/2011 PARMOD MALIK ..... Appellant Through: Mr.Sanat Kumar, Advocate with Mr.Tanamaya Mehta, Advocate versus UNION OF INDIA and ANR. ....Respondents Through: Mr.B.V.Niren, Advocate for R-1 Ms.Mala Narayan, Advocate for R-2 LPA 985/2011 ROSHAN LAL and ANR. ..... Appellants Through: Mr.Sanat Kumar, Advocate with Mr.Tanamaya Mehta, Advocate versus UNION OF INDIA and ANR. ....Respondents Through: Mr.B.V.Niren, Advocate for R-1 Ms.Mala Narayan, Advocate for R-2 LPA 986/2011 VIRENDER SINGH ..... Appellant Through: Mr.Sanat Kumar, Advocate with Mr.Tanamaya Mehta, Advocate versus LPA Nos.962/2011, 985/2011 and 986/2011 Page 1 of 10 UNION OF INDIA and ANR. ....Respondents Through: Mr.B.V.Niren, Advocate for R-1 Ms.Mala Narayan, Advocate for R-2 CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE S.P. GARG PRADEEP NANDRAJOG, J..1. Four writ petitions,...


Dec 16 2011

Tata Sons Limited Vs. Hoop AnIn and ors

Court: Delhi

Decided on: Dec-16-2011

THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Pronounced on: 16.12.2011 + CS(OS) 1104/2008 and IA No. 13685/2008 TATA SONS LIMITED ..... Plaintiff Through Mr. Pravin Anand with Mr. Achitan Sreekumar, Advs. versus HOOP ANIN and ORS ..... Defendants Through : Ms. Girija Krishnan Varma, Advocate for defendant No.4 CORAM:- HON'BLE MR JUSTICE V.K. JAIN V.K. JAIN, J. (ORAL).1. The plaintiff-company was established in the year 1917. It is the principal investment holding company of the Tata Group which had a turnover of Rs.96,000/- crore for the year 2006-2007 and is stated to be one of Indias most trusted business houses. The name TATA is stated to have been derived from the surname of its founder Mr. Jamsetji Nusserwanji Tata. For the year 2006, Tata Group was also ranked as 20th amongst worlds most reputed companies. The name TATA is being used by the plaintiff company since its inception in the year 1917 and it is claimed that on CS(OS)No. 1104/2008 Page 1 of 12 account of its highly d...


Dec 16 2011

Siddhartha Behura Vs. Cbi

Court: Delhi

Decided on: Dec-16-2011

* HIGH COURT OF DELHI : NEW DELHI + BAIL APPL. NO. 1610/2011 Date of Decision : 16.12.2011 SIDDHARTHA BEHURA ...... Petitioner Through: Mr. Aman Lekhi, Sr. Adv. with Mrs.Meenakshi Lekhi, Mr.Pramod Jalan, Mr.Vedanta Varma, Mr.Himanshu, Ms.Srishti Saxena, Advocates. Versus CBI ...... Respondent Through: Mr.Mohan Parasaran, ASG with Ms.Sonia Mathur, Standing Counsel for CBI. Mr.Rajesh Chahal, DSP, CBI in person. CORAM : HON'BLE MR. JUSTICE V.K. SHALI V.K. SHALI, J..1. This order shall dispose off an application filed by the petitioner, Siddhartha Behura (A-2), the former Secretary, Department of Telecommunications, for grant of regular bail in respect of 2G Spectrum Scam cases, BAIL APPL. NO.1610/2011 Page 1 of 35 which was registered vide FIR No.RC DAI-2009(A)-0045 by the Central Bureau of Investigation (CBI)..2. Briefly stated, the facts of the case are that on 21.10.2009, Anti Corruption Branch of CBI had registered the aforesaid FIR on the allegations of criminal conspiracy and crimin...


Dec 16 2011

ind-swift Ltd Vs. Union of India and ors

Court: Delhi

Decided on: Dec-16-2011

* IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 633 OF 2010 Judgment Reserved on:22.09.2011 % Judgment Pronounced on: 16.12.2011 IN THE MATTER OF: IND-SWIFT LTD. ... APPELLANT THROUGH: Mr. P.S. Patwalia, Sr. Adv. with Mr.Arvind Nagar, Mr. Pawan Guglani, Mr. Aman Preet Rahi, Advocates VERSUS UNION OF INDIA and ORS. ...RESPONDENTS THROUGH: Mr. Sachin Datta, CGSC CORAM:- HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE SIDDHARTH MRIDUL A.K. SIKRI, ACTING CHIEF JUSTICE The Facts:.1. The appellant is a company registered under the Companies Act, 1956 having its registered office at Chandigarh. The appellant claims that it belongs to Ind-Swift Group which is a well established name in the pharmaceutical industry which has broadened its horizons by placing profound and sparkling footprints on multifarious diversified fronts and has LPA 633 OF 2010 Page 1 of 18 steadily and surely scripted its success story filled with enviable milestones and pioneering breakthroughs. The group today has a...


Dec 16 2011

Commissioner of Income Tax Vs. Maruti Udyog Ltd

Court: Delhi

Decided on: Dec-16-2011

* THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved On: 23.09.2011 % Judgment Pronounced On: 16.12.2011 + ITA 728 OF 2011 COMMISSIONER OF INCOME TAX ...APPELLANT Through: Mr. Kamal Sawhney, Advocate VERSUS MARUTI UDYOG LTD. ...RESPONDENT Through: Mr. Ajay Vohra, Ms. Kavita Jha, Advs. + ITA 729 OF 2011 COMMISSIONER OF INCOME TAX ...APPELLANT Through: Mr. Kamal Sawhney, Advocate VERSUS MARUTI UDYOG LTD. ...RESPONDENT Through: Mr. Ajay Vohra, Ms. Kavita Jha, Advs. CORAM :- HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE SIDDHARTH MRIDUL A.K. SIKRI, ACTING CHIEF JUSTICE: These cases pertain to assessment year 2002-03. While carrying out the assessment, it had come to the knowledge of the Department that the assessee company had introduced voluntary retirement scheme during the ITA Nos.728. and 729 of 2011 Page 1 of 18 year, in pursuance to which, as per the details filed, the assessee had paid a sum of ` 73.60 crore to the employees which had been amortized under Section 35 DDA o...


Dec 16 2011

Well Protect Manpower Services Vs. Commissioner Municipal

Court: Delhi

Decided on: Dec-16-2011

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA No.394/2010 % Date of decision : 16th December, 2011 WELL PROTECT MANPOWER SERVICES PVT. LTD. ..... Appellant Through : Mr. Tarkeshwar Nath and Mr. Saurabh Kumar Tuteja, Advs. versus COMMISSIONER MUNICIPAL CORPORATION OF DELHI and ANR. ..... Respondents Through : Ms. Mansi Gupta, Adv. for R-1. CORAM :- THE HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT.1. The appellant instituted a suit for recovery of `8,59,743/- against the respondent towards the balance amount payable under the three agreements..2. The learned Trial Court dismissed the suit on the ground that it has been instituted beyond the period of limitation of six months provided in Section 478(2) of the Delhi Municipal Corporation Act, 1957..3. The appellant has challenged the judgment of the learned Trial Court on the ground that the suit does not fall within the ambit and scope of Section 478 of the Delhi Municipal Corporation Act. It is submitted that the period of limitation for fi...


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