Delhi Court December 2012 Judgments
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Escorts Heart Insti. and Research Centre Vs. Commr.of Income Tax, Cent ...
Court: Delhi
Decided on: Dec-14-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:10th December, 2012 Date of Decision:14. h December, 2012 % + W.P. (C) 11909/2005 ESCORTS HEART INSTI. & RESEARCH CENTRE ..... Petitioner Through: Mr. Parag M Tripathi, Sr. Adv. with Mr. R M Mehta and Mr. Simran Mehta, Advs. versus COMMR.OF INCOME TAX, CENTRE ..... Respondent Through: Mr. Sanjeev Rajpal, Sr. Standing Counsel. CORAM: MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE R.V. EASWAR R.V. EASWAR, J.: Shorn of all niceties, the precise question which arises for consideration in this writ petition is this. Can the assessing officer, who intends to issue notice under section 148 of the Income Tax Act, 1961 to reopen an assessment, entertain a reason to believe which is contrary to the statute? 2. Section 10(21) provides for exemption of any income of a scientific research association which is approved under section 35(1)(ii). The first proviso, however, makes the exemption subject to the provisions of sub-sections (2) and (3) of secti...
Govind Vs. Union of India and ors.
Court: Delhi
Decided on: Dec-14-2012
$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: December 14, 2012 + WP(C) 7542/2012 GOVIND .....Petitioner Represented by: Mr.A.K.Trivedi, Advocate. versus UNION OF INDIA & ORS. ..... Respondents Represented by: Mr.Ankur Chhibber and Ms.Akriti Jain, Advocates. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE MANMOHAN SINGH PRADEEP NANDRAJOG, J.(Oral) 1. Facts as disclosed by the respondents bring out a rather unfortunate state of affairs and ignorance of the well-known legal principle that no appointment in excess of the vacancies notified can be made. Further, the facts bring out the plight of the citizens of this country by the bureaucracy showing supine indifference to the repeated representations made, thereby encouraging litigations which ultimately turn out to be dud missiles but at the unfortunate cost to the litigant who approaches the Court without knowing the facts as would be ultimately disclosed from the records of the bureaucrats.2. ITBP, ...
Uoi and ors. Vs. Sapna Tyagi
Court: Delhi
Decided on: Dec-14-2012
IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:14. 12.2012 LPA 352/2009 UOI & ORS. ..... Appellants versus SAPNA TYAGI ..... Respondent Advocates who appeared in these cases: For the Petitioners For the Respondent : Mr Sachin Datta with Ms Ritika : Mr Y.S. Tyagi CORAM: HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE SIDDHARTH MRIDUL JUDGMENT BADAR DURREZ AHMED, J.(ORAL) 1. This appeal is directed against the decision of the learned Single Judge of this Court in W.P.(Crl.) 243/2006 delivered on 25.05.2009 whereby a learned Single Judge allowed the writ petition partly and directed the respondent (appellant herein) to pay `10,00,000/- (Rupees Ten Lakhs) as damages/compensation to the respondent herein within three months from the passing of the said order.2. The case of the respondent before the learned Single Judge was that her husband late Shri Ajay Kumar was enrolled as a Sapper/CAJ in the Indian Army and was placed in 101 Engineer Regiment C/o 56 APO and was pos...
Kishan Pal Singh Vs. the Commissioner of Police and ors
Court: Delhi
Decided on: Dec-14-2012
IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment pronounced on:14. 12.2012 W.P.(C) 1313/2012 GOPAL SINGH ..... Petitioner versus THE COMMISSIONER OF POLICE & ORS ..... Respondents WITH W.P.(C) 3028/2012 KISHAN PAL SINGH ..... Petitioner versus THE COMMISSIONER OF POLICE & ORS ..... Respondents AND W.P.(C) 1465/2012 SURESH CHAND ..... Petitioner versus THE COMMISSIONER OF POLICE & ORS ..... Respondents Advocates who appeared in these cases: For the Petitioners : Mr O.P. Khadaria in W.P.(C) 1313/2012 Mr Mohd Shah Nawaz Hasan in W.P.(C) 3028/2012 Mr K. Venkatraman in W.P.(C) 1465/2012 For the Respondent : Ms Zubeda Begum in W.P.(C) 1313/2012 Ms Shariq Mohd for R-1 to R-3 in W.P.(C) 3028/2012 Mr Mohd Noorullah for Mr Anjum Javed in W.P.(C) 1465/2012 CORAM: HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE SIDDHARTH MRIDUL JUDGMENT SIDDHARTH MRIDUL, J.1. These three writ petitions, namely WP(C) 1313/2012, WP(C) 3028/2012 and WP(C) 1465/2012, emerge out of a common impugned order dated ...
Jaiprakash Associates Ltd. Vs. Thdc India Ltd.
Court: Delhi
Decided on: Dec-14-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on : December 11, 2012 Judgment Pronounced on : December 14, 2012 + FAO(OS) 596/2011 JAIPRAKASH ASSOCIATES LTD. Appellant Represented by: Mr.V.P.Singh, Sr.Advocate instructed by Mr.Lovkesh Sawhney, Advocate. versus THDC INDIA LTD. .....Respondent Represented by: Mr.A.S.Chandhiok, A.S.G. and Mr.S.K.Taneja, Sr.Advocate instructed by Mr.Puneet Taneja, and Mr.Gurpreet S.Parwanda, Advocates. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE MANMOHAN SINGH PRADEEP NANDRAJOG, J.1. Majority award dated October 10, 2010 dealt with two claims and if allowed, interest thereon. And as against `38,75,887/prayed for under claim No.1 for reimbursement on account of fluctuations in foreign exchange rates in respect of construction equipment `18,59,377/- has been allowed, and under claim No.2 in sum of `35,17,760/- pertaining to supply of Micro Silica sum awarded is `6,13,160/-; and on the two amounts interest awarded is @ 10%...
Delhi Development Authority Vs. Sunil Madnani
Court: Delhi
Decided on: Dec-14-2012
*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:14. h December, 2012 % + LPA No.1054/2004 DELHI DEVELOPMENT AUTHORITY ..... Appellant Through: Ms. Sangeeta Chandra, Adv. Versus SUNIL MADNANI Through: ..... Respondent Mr. Sumit Bansal, with Mr. Ateev Mathur and Ms. Sumi Anand, Advs. CORAM :HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.This intra court appeal impugns the judgment dated 18 th August, 2004 of the learned Single Judge allowing WP(C) No.2981/1998 preferred by the respondent by quashing the letter dated 6th May, 1992 of the appellant DDA cancelling the bid made by the parents of the respondent for a residential plot of land bearing 7, New Rajinder Nagar, New Delhi and by directing the appellant DDA to make a fresh demand on the respondent for the bid price together with interest at 12% per annum; upon the respondent so making the payment, the appellant DDA has been further directed to hand over possession of the plot and exec...
Amit Ahuja and anr. Vs. Additional Commissioner Trade and Tax Departme ...
Court: Delhi
Decided on: Dec-14-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON:06. 08.2012 PRONOUNCED ON:14. 12.2012 + WP (C) No. 10316/2009 & CM No.8907/2009 AMIT AHUJA & ANR ..... Petitioner Through: Shri Neil Hildreth & Ms. Shruti Sabharwal, Advocates Versus ADDITONAL COMMISSIONER TRADE & TAX DEPARTMENT & ORS. Respondent Through: ..... Sh. Kailash. K. Ahuja, Govt. Counsel, for Deptt. of Trade and Taxes. Sh. Rakesh Kumar Khanna, Sr. Advocate with Sh. K.K. Ahuja, Ms. Seema Rao and Sh. Harsh Prabhakar, Advocates. Ms. Chaitali Jain, for Sh. V.K. Tandon, Advocate, for Resp. No.5. Sh. S.K. Chachra, Advocate, for Resp. No.6. Sh. L.K. Bhushan and Sh. Anirudh Arun Kumar, Advocates, for Deutsche Bank. Sh. Sanjay Goswami, Advocate, for Respondent No.7. CORAM: MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE R.V. EASWAR MR. JUSTICE S.RAVINDRA BHAT WP(C) No. 10316/2009 Page 1 % 1. In the present proceeding under Article 226 of the Constitution, appropriate directions are sought quashing the warrant of attachment, and a notice o...
Desu Mazdoor Sangh (Regd) Vs. Govt. of Nct of Delhi and ors
Court: Delhi
Decided on: Dec-14-2012
$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:14. h December, 2012 W.P.(C) 7769/2012 DESU MAZDOOR SANGH (REGD) Through: NEMO. ..... Petitioner versus GOVT. OF NCT OF DELHI AND ORS ..... Respondents Through: Mr. Dhanesh Relan and Ms. Richa Kaushal, Advs. for R1. Mr. S.K. Chauhan, Adv. for R2 & R3. Mr. Sudhir Nandrajog, Sr. Adv. with Mr. Sujit Kr. Singh, Adv. for R4. Mr. Sandeep Prabhakar and Mr. Amit Kumar, Advs. for R5 & R6. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. Vide the instant petition, petitioner is seeking direction against the Govt. of NCT of Delhi and its instrumentalities i.e. DTL, IPGCL-PPCL, NDPL/TPDDL, BYPL and BRPL to frame a scheme to bring the said workers on their strength of permanent employees. Further to frame a policy to recruit the required personnel in future.2. The petitioner is registered under the Trade Union Act, 1926 and is representing a large number of employees of power sector industry including the tempor...
Nandini Bhatnagar Vs. State Govt. of Nct of Delhi
Court: Delhi
Decided on: Dec-14-2012
44 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4231/2012 NANDINI BHATNAGAR ..... Petitioner Through: Mr. S.K. Bhaduri, Advocate with Mr. Krishna Kumar, Advocate with petitioner in person. versus STATE GOVT. OF NCT OF DELHI ..... Respondent Through: Mr. Manoj Ohri, APP for State with ASI Narender Singh, PS CWC Nanak Pura, New Delhi. Mr. Atul Aggarwal and Mr. Deepak Jain, Advocates for complainant. Complainant in person. Date of Decision:14. h December, 2012 % CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J : (Oral) Crl.M.A. 19845/2012 (exemption) in Crl.M.C. 4231/2012 Allowed, subject to just exceptions. Accordingly, present application stands disposed of. Crl.M.C. 4231/2012 & Crl.M.A. 19844/2012 1. Present petition has been filed under Section 482 Cr.P.C. challenging the condition imposed by the Additional Sessions Judge, Dwarka Courts, New Delhi, whereby the petitioner has been directed not to leave the boundary of the NCT of Delhi as well as the NCR and the count...
Gopal Singh Vs. the Commissioner of Police and ors
Court: Delhi
Decided on: Dec-14-2012
IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment pronounced on:14. 12.2012 W.P.(C) 1313/2012 GOPAL SINGH ..... Petitioner versus THE COMMISSIONER OF POLICE & ORS ..... Respondents WITH W.P.(C) 3028/2012 KISHAN PAL SINGH ..... Petitioner versus THE COMMISSIONER OF POLICE & ORS ..... Respondents AND W.P.(C) 1465/2012 SURESH CHAND ..... Petitioner versus THE COMMISSIONER OF POLICE & ORS ..... Respondents Advocates who appeared in these cases: For the Petitioners : Mr O.P. Khadaria in W.P.(C) 1313/2012 Mr Mohd Shah Nawaz Hasan in W.P.(C) 3028/2012 Mr K. Venkatraman in W.P.(C) 1465/2012 For the Respondent : Ms Zubeda Begum in W.P.(C) 1313/2012 Ms Shariq Mohd for R-1 to R-3 in W.P.(C) 3028/2012 Mr Mohd Noorullah for Mr Anjum Javed in W.P.(C) 1465/2012 CORAM: HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE SIDDHARTH MRIDUL JUDGMENT SIDDHARTH MRIDUL, J.1. These three writ petitions, namely WP(C) 1313/2012, WP(C) 3028/2012 and WP(C) 1465/2012, emerge out of a common impugned order dated ...
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