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Delhi Court November 2012 Judgments

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Nov 30 2012

The Commissioner of Income Tax-xiii Vs. Sh. Kanwaljit Singh

Court: Delhi

Decided on: Nov-30-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:18. 10.2012 Pronounced on :30. 11.2012 + ITA 607/2010 ITA 921/2010 THE COMMISSIONER OF INCOME TAX -XIII Appellant Through: Ms. Rashmi Chopra, Sr. Standing Counsel. Versus ..Respondent SH. KANWALJIT SINGH Through: Dr. Rakesh Gupta, Sh. Ashwani Taneja, Ms. Rani Kiyala, Sh. Piyush Singh and Ms. Ayushi Pareek, Advocates. CORAM: MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE R.V. EASWAR MR. JUSTICE S.RAVINDRA BHAT % 1. The present appeals are allowed in view of the separate judgment passed today in ITA 602/2010 between the same parties. S. RAVINDRA BHAT, J R.V.EASWAR, J NOVEMBER 30 2012 ITA 607/2010 & 921/2010 Page 1...


Nov 30 2012

The Commissioner of Income Tax-xiii Vs. Sh. Kanwaljit Singh

Court: Delhi

Decided on: Nov-30-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:18. 10.2012 Pronounced on :30. 11.2012 + ITA 607/2010 ITA 921/2010 THE COMMISSIONER OF INCOME TAX -XIII Appellant Through: Ms. Rashmi Chopra, Sr. Standing Counsel. Versus ..Respondent SH. KANWALJIT SINGH Through: Dr. Rakesh Gupta, Sh. Ashwani Taneja, Ms. Rani Kiyala, Sh. Piyush Singh and Ms. Ayushi Pareek, Advocates. CORAM: MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE R.V. EASWAR MR. JUSTICE S.RAVINDRA BHAT % 1. The present appeals are allowed in view of the separate judgment passed today in ITA 602/2010 between the same parties. S. RAVINDRA BHAT, J R.V.EASWAR, J NOVEMBER 30 2012 ITA 607/2010 & 921/2010 Page 1...


Nov 30 2012

Ramveer Singh Vs. Rajesh Kumar and ors.

Court: Delhi

Decided on: Nov-30-2012

$ 11 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:30. h November, 2012 + MAC. APP. 812/2011 RAMVEER SINGH Through: ..... Appellant Mr. Amit Kumar Pandey, Advocate. Versus RAJESH KUMAR & ORS. Through: ..... Respondents Ms. Neerja Sachdeva, Advocate for the Respondent No.4 Insurance Company. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Appellant Ramveer Singh who at the time of accident was working as a Head Constable in Delhi Police seeks enhancement of compensation of `5,07,554/- awarded by the Motor Accident Claims Tribunal(the Claims Tribunal) for having suffered grievous injuries in a motor vehicle accident which occurred on 06.12.2007.2. In the absence of any Appeal by the driver, owner or the Insurance Company, the finding on negligence reached by the Claims Tribunal has attained finality.3. In the unfortunate accident, the Appellant suffered multiple fracture and crush injury on his left leg and on his abdomen. Immediately after the a...


Nov 30 2012

Mohd Kashim @ Salman Vs. Anil Kumar and ors.

Court: Delhi

Decided on: Nov-30-2012

$ 12 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:30. h November, 2012 + MAC. APP. 1041/2011 MOHD KASHIM @ SALMAN ..... Appellant Through: Mr. Navneet Goyal with Ms. Suman N. Rawat, Advocates. Versus ANIL KUMAR & ORS. Through: ..... Respondents Mr. D.K. Sharma with Mr. Neeraj Sharma, Advocates for the Respondent No.3 Insurance Company. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Appeal is for enhancement of compensation of `2,40,216/- awarded by the Motor Accident Claims Tribunal(the Claims Tribunal)in favour of the Appellant for having suffered grievous injuries in a motor vehicle accident which occurred on 23.12.2005.2. In the absence of any Appeal by the driver, owner or the Insurance Company, the finding of negligence has attained finality.3. The Appellant who was aged about 14 years at the time of the accident suffered crush injury on his left leg. Immediately after the accident, he was removed to Jeevan Hospital, Modi Nagar, Ghaziaba...


Nov 30 2012

Commissioner of Income Tax -xi Vs. Sangeeta Wig

Court: Delhi

Decided on: Nov-30-2012

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:30. h November, 2012 + ITA 667/2012 COMMISSIONER OF INCOME TAX -XI ..... Appellant Through: Mr. Sanjeev Rajpal, sr. standing counsel versus SANGEETA WIG ..... Respondent Through: None. CORAM: MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE R.V. EASWAR S. RAVINDRA BHAT, J: (OPEN COURT) The Revenue claims to be aggrieved by order dated 25.5.2012 of the Income Tax Appellate Tribunal (Tribunal, for short) in ITA No.4274/(Del)/2011 relatable to assessment year 2008-09. The question of law concerns the correctness of the Tribunals opinion that the amount of `1,20,00,000/- received by assessee, towards consideration pursuant to the memorandum of understanding signed by her with the newly inducted shareholder, was capital gain.2. The assessee as an individual had been the owner of the proprietary concern which used to provide civil engineering consultancy styled as SD Engineering Consultants. The concern was taken over by ICT-SD Engineer...


Nov 30 2012

Raman Chadha Vs. Basti Sugar Mills Co. Ltd.

Court: Delhi

Decided on: Nov-30-2012

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:30. h November, 2012 % + CO.APP. 97/2012 RAMAN CHADHA Through: ..... Appellant Mr. Anurag Pratap & Dr. Manmohan Sharma, Advs. Versus BASTI SUGAR MILLS CO. LTD. ..... Respondent Through: Mr. Alok Aggarwal, Mr. Uday Kumar & Mr. Mayank, Advs. CORAM :HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.This appeal is preferred against the order dated 2 nd February, 2012 of the learned Company Judge of this Court in an appeal (Co.A.(SB) 74/2011) under Section10F of the Companies Act, 1956 against the order dated 9th September, 2011 of the Company Law Board dismissing the application of the appellant under Section 111A of the Act for rectification of the Share Register. This appeal is accompanied with an application for condonation of 250 days delay in filing the same. The delay is sought to be explained by pleading that the appellant had filed an SLP No.12054/2012 challenging the said order dated 2 n...


Nov 30 2012

Patel Energy Limited Vs. Union of India and anr

Court: Delhi

Decided on: Nov-30-2012

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:30. h November, 2012 % + LPA No.718/2012 PATEL ENERGY LIMITED ..... Appellant Through: Mr. Neeraj Kishan Kaul, Sr. Adv. with Mr. P.S. Narasimha, Sr. Adv. with Mr. K. Parameshwar, Mr. Kapil Rustagi, Mr. Karan Luthra, Ms. Naomi Chandra, Mr. Rohan Jaitley, Advs. Versus UNION OF INDIA & ANR Through: ..... Respondents Mr. Rajeeve Mehra, ASG with Mr. Sumeet Pushkarna, Adv. for UOI. Grp. Capt. Karan Singh Bhati, Adv. with Ms. Jyoti Upadhyay, Adv. for R-2. CORAM :HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.This intra-court appeal impugns the order dated 19th October, 2012 of the learned Single Judge (in W.P.(C) No.5666/2012 preferred by the appellant) of dismissal of CM No.11610/2012 filed by the appellant for interim relief. The appellant seeks interim relief of A. Stay of operation of (i). (ii). B. Letter dated 30th July, 2012. Letter dated 10th September, 2012. Stay of encashment of Bank Gua...


Nov 30 2012

Super Cassettes Industries Ltd Vs. Dy.Commissioner of Income Tax

Court: Delhi

Decided on: Nov-30-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :1. t October, 2012 Date of Decision :30. h November, 2012 % + + + W.P.(C) 6310/2000 W.P.(C) 6320/2000 W.P.(C) 6308/2000 SUPER CASSETTES INDUSTRIES LTD ..... Petitioner Through: Mr. Satyen Sethi with Mr. Arta Trana Panda, Advocates. versus DY.COMMISSIONER OF INCOME TAX ..... Respondent Through: Mr. Sanjeev Rajpal, Sr. Standing Counsel. CORAM: MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE R.V. EASWAR R.V. EASWAR, J.: For detailed order see W.P.(C) 3406/2000. (R.V. EASWAR) JUDGE (S. RAVINDRA BHAT) JUDGE NOVEMBER 30 2012 vld...


Nov 30 2012

Barmalt (inida) Pvt Ltd Vs. ----

Court: Delhi

Decided on: Nov-30-2012

A41 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment:30. 11.2012 + CA(M) No.181/2012 IN THE MATTER OF BARMALT (INIDA) PVT LTD ..... Applicant company No.1/Transferor Company AND BARMALT MALTING (INDIA) PVT LTD Through: ......Applicant company No.1/Transferee Company Mr.Mohit Jolly, Adv. for the petitioner/applicant No.1 CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.(Oral) 1. On the oral prayer made by the learned counsel for the petitioner, permission is granted to make correction in the paper book on page 10 and on page 23 of the affidavit which shall now read as no proceedings are pending under Sections 235 to 251 of the Companies Act instead of 235 to 250A of the Companies Act.2. This joint application has been filed under Sections 391 and 394 of the Companies Act, 1956 in respect to the Scheme of Arrangement between Barmalt (India) Pvt. Ltd. (hereinafter referred to the Transferor Company) and Barmalt Malting (India_ Pvt. Ltd. (hereinafter referred to the ...


Nov 30 2012

M/S Radharamana Capital Services Pvt Ltd Vs. M/S Jaypee Capital Servic ...

Court: Delhi

Decided on: Nov-30-2012

3. $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. 673/2009 % Judgment dated 30.11.2012 M/S RADHARAMANA CAPITAL SERVICES PVT LTD ..... Petitioner Through : Mr.J.P.Sengh, Sr. Adv. with Mr.Atul Sharma, Mr.Nitesh Jain, Mr.Sumeet Batra and Ms.Ankita Gupta, Advs. versus M/S JAYPEE CAPITAL SERVICES LTD ..... Respondent Through : Mr.Anurag Kr.Agarwal and Mr.Umesh Mishra, Advs. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J (ORAL) 1. Present objections have been filed by the petitioner for setting aside the impugned ex parte Award dated 27.7.2009 passed by a panel of Arbitrators.2. The necessary facts to be noticed for disposal of the present objections are that in December, 2007, the petitioner applied for registration as a client with the respondent for sale and purchase of shares/securities at various stock exchanges. A Stock Broker-client Agreement dated 24.12.2007 was entered into between the parties with respect to the National Stock Exchange and Bombay Stock Exchange. The p...


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