Delhi Court December 2012 Judgments
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Sanjay Sethi and anr Vs. Deepak Sethi and anr
Court: Delhi
Decided on: Dec-14-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:14. 12.2012 CS(OS) 1736/2012 SANJAY SETHI & ANR Through: ..... Plaintiffs Mr. Vibhu Bakhru, Sr. Advocate with Mr. Saurabh Kalia, Mr. Sameer Chaudhary & Mr. Harshit Agarwal, Advs. versus DEEPAK SETHI & ANR ..... Defendants Through: Mr. Naushad Alam, Adv. for D-1. CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) IA Nos. 11010/2010 (under Order 39 Rule 1 & 2 CPC) & 22334/2012 (under Order 39 Rule 4 CPC) 1. The defendant No. 1 Shri Deepak Sethi is the brother of plaintiff No. 1 Shri Sanjay Sethi and the son of plaintiff no.2 Raj Sethi. A Memorandum of Understanding (MOU) is alleged to have been executed between the parties on 6th January, 2010. Under the said MOU, defendant no.1 resigned from the directorship of two companies, namely, International Corporate Signs Pvt. Ltd. and Laycock Engineers Pvt. Ltd. He also agreed to transfer his shares in these companies to plaintiff no.1 or his nominee on receipt of Rs. 1...
Madugula Venu Vs. Director of Income Tax and ors
Court: Delhi
Decided on: Dec-14-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7656/2012 Date of decision:14. 12.2012 MADUGULA VENU Through: ..... Petitioner Mr. O. S. Bajpai, Sr. Adv. with Mr. Shashwat Bajpai and Ms. Manasvni Bajpai, Advocates. versus DIRECTOR OF INCOME TAX AND ORS Through: Ms. Suruchi Counsel. ..... Respondent Aggarwal, Sr. Standing CORAM: MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE R.V. EASWAR R. V. EASWAR, J: (OPEN COURT) This writ petition has been filed seeking quashing of the search and seizure operation proceedings taken under section 132 of the Income Tax Act, 1961 (Act, for short) and for further direction that no consequential action be taken against the petitioner as a result of search, including action pursuant to the notice dated 02.11.2012 issued under section 153A of the Act.2. The brief facts resulting in the filing of the present petition are that the petitioner is an individual who files his returns of income in the status of a non-resident. He is said to be a qualified engineer ...
Commissioner of Income Tax Vs. Maruti Suzuki India Ltd.
Court: Delhi
Decided on: Dec-14-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON:04. 12.2012 PRONOUNCED ON :14. 12.2012 + ITA NOS. 993/2011 AND 1029/2011 COMMISSIONER OF INCOME TAX Appellant Through : Mr. N.P. Sahni, Sr. Standing Counsel Vs. MARUTI SUZUKI INDIA LTD. ..Respondent Through : Mr. Ajay Vohra with Ms. Kavita Jha, Mr. Somnath Shukla and Mr. Vaibhav Kulkarni, Advocates CORAM: MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE R.V. EASWAR MR. JUSTICE S.RAVINDRA BHAT % For detailed judgment, refer to the decision dated 14.12.2012 in ITA No. 903/2011 S. RAVINDRA BHAT (JUDGE) R.V. EASWAR (JUDGE) December 14, 2012 ITA Nos. 903, 993, 1029/2011 Page 1...
Ram Awadh Vs. Jammu and Kashmir State Agro Industries Developmen
Court: Delhi
Decided on: Dec-14-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P. (C) 2877/2011 % Judgment reserved on:11. 12.2012 Judgment delivered on:14. 12.2012 RAM AWADH ..... Petitioner Through: Mr. Tarique Siddiqui and Ms. Rakshan Ahmed, Advs. versus JAMMU AND KASHMIR STATE AGRO INDUSTRIES DEVELOPMENT CORPORATION LTD AND ANR. ..... Respondents Through: Mr. V.K. Dhar, Adv. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.1. Vide the instant petition the petitioner is seeking mandamus directing the respondents to place the petitioner in the grade of Rs.300650 (pre-revised) from the date of his appointment i.e. 14.08.1980.2. It is further prayed that the respondents be directed to pay the petitioner the difference of pay and allowances which the petitioner will be entitled to in the event of grant of above prayer.3. Also seeking mandamus directing the respondents to grant all the consequential benefits of service as a Senior Store Keeper to the petitioner in respect of seniority, promotion and all other conse...
Receivable Management Services India Pvt. Ltd. and a Vs. ............. ...
Court: Delhi
Decided on: Dec-14-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Judgment:14.12.2012 CO.PET. 424/2012 Receivable Management Services India Pvt. Ltd. TRANSFEROR COMPANY AND Iqor India Services Pvt. Ltd. TRANSFEREE COMPANY (Collectively the Transferor Company & the Transferee Company as) Through .....PETITIONERS Mr. Vikas Goel, Adv. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.(Oral) 1. This Second motion joint petition has been filed under Sections391 to 394 of the Companies Act, 1956 ( hereinafter referred to as Act) by the Petitioner Companies seeking sanction of the Scheme of Amalgamation (hereinafter referred to as Scheme).2. The Petitioner companies had earlier filed C.A. (M) No. 138 of2012 seeking directions of this Court for (a) dispensation of the meetings of Equity Shareholders and unsecured creditors of both the Petitioner Companies. Vide Order dated 29.08.2012, this court allowed the application and was pleased to direct dispensing with convening the meetings of the equit...
Commissioner of Income Tax Vs. Maruti Suzuki India Ltd.
Court: Delhi
Decided on: Dec-14-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON:04. 12.2012 PRONOUNCED ON :14. 12.2012 + ITA NOS. 903/2011, 993/2011 AND 1029/2011 COMMISSIONER OF INCOME TAX Appellant Through : Mr. N.P. Sahni, Sr. Standing Counsel Vs. MARUTI SUZUKI INDIA LTD. ..Respondent Through : Mr. Ajay Vohra with Ms. Kavita Jha, Mr. Somnath Shukla and Mr. Vaibhav Kulkarni, Advocates CORAM: MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE R.V. EASWAR MR. JUSTICE S.RAVINDRA BHAT % 1. The present judgment will dispose of three appeals, concerning AY 1994-95, 1995-96 and 1996-97; the impugned common order of the Income Tax Appellate Tribunal (ITAT) disposed of the revenues appeals for the said assessment years. The following common questions arise in these appeals: (a) Did the Tribunal fall into error in holding that the amounts deposited by the assessee/ respondent in the Excise ITA Nos. 903, 993, 1029/2011 Page 1 Personal Ledger Account (PLA) could not be disallowed under Section 43-B of the Income Tax Act; (b) Did t...
Sunil Kumar Vs. P.R. Amarnath Singh and anr.
Court: Delhi
Decided on: Dec-14-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Crl. Rev. P.No. 575/2010 + Date of Decision:14. h December, 2012 # ! SUNIL KUMAR ....Petitioner Through: Mr. S.P. Sinha, Advocate Versus $ * P.R. AMARNATH SINGH & ANR. Respondents Through: Mr. Manish Gupta, Advocate for R-1 Mr. M.N. Dudeja, APP for the State CORAM: HON'BLE MR. JUSTICE P.K.BHASIN ORDER P.K.BHASIN, J: This revision petition has been filed by the petitionercomplainant under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973(Cr.P.C.) against the order dated 07.08.2010 passed by the Metropolitan Magistrate directing return of the complaint filed by the petitioner-complainant under Section 138 of the Negotiable Instruments Act, 1881 against the respondent on the ground that Delhi courts have no territorial jurisdiction to entertain that complaint.2. The petitioner-complainant had filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 and when the same was taken up for preliminary...
The New India Assurance Co. Ltd. Vs. Padma Devi and ors.
Court: Delhi
Decided on: Dec-14-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO No.658/2003 Date of decision :14. h December, 2012 % THE NEW INDIA ASSURANCE CO. LTD. ..... Appellant Through : Mr. Pankaj Seth, Adv. versus PADMA DEVI & ORS. Through : ..... Respondents None. CORAM :THE HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT 1 The appellant has challenged the award of the Claims Tribunal whereby compensation of `12,73,000/- has been awarded to the claimants. The appellant has challenged the award on the ground that the driver of the offending vehicle was not holding a valid driving licence and therefore, the appellant is entitled to recovery rights against the owner and driver of the offending vehicle.2. The accident dated 21st November, 1995 resulted in the death of Dhanpat Rajput. The deceased was survived by his widow, two sons and a daughter who filed the claim petition before the Claims Tribunal. The appellant contested the petition on the ground that the driving licence of the driver of the offending vehicle was f...
Ten Pebbles Management Private Limited and anr. Vs. .................. ...
Court: Delhi
Decided on: Dec-14-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment:14.12.2012 + CO.PET. 411/2012 In the matter of The Companies Act, 1956 And Petition under Sections 391(2) & 394 of the Companies Act, 1956 Scheme of Amalgamation of TEN PEBBLES MANAGEMENT PRIVATE LIMITED . Transferor Company AND ANYTIME LEARING PRIVATE LIMITED .. Transferee Company Through Mr. Mukesh Sukhija, Advocate for the Petitioners CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.(Oral) 1 This joint Petition has been filed under sections 391(2) & 394 of the Companies Act, 1956 by the Petitioner Transferor Company and Transferee Company seeking sanction of the Scheme of Amalgamation of M/s TEN PEBBLES MANAGEMENT PRIVATE LIMITED (Transferor Company) with ANYTIME LEARING PRIVATE LIMITED (Transferee Company). 2 The registered offices of the Petitioner Transferor Company and Transferee Company are situated at New Delhi, within the jurisdiction of this Court. 3 Details with regard to the date of incorporation of Tr...
Radhey Shyam Sharma Vs. Union of India and ors.
Court: Delhi
Decided on: Dec-14-2012
$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: December 14, 2012 + WP(C) 7773/2012 RADHEY SHYAM SHARMA .....Petitioner Represented by: Mr.M.K.Bhardwaj, Advocate. versus UNION OF INDIA & ORS. ..... Respondents Represented by: Ms.Barkha Babbar, Advocate. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE MANMOHAN SINGH PRADEEP NANDRAJOG, J.(Oral) 1. Under the Sports Quota the petitioner was enrolled as a Constable with BSF in the year 2002. In the same year he competed at the All India Police and Central Para Military Forces Sports Event and won a bronze medal in the 4 km. cross country run and was a part of a relay team which secured a Gold Medal.2. The grievance in the writ petition is that whereas Ct.Ranjit Singh, who was also a part of the relay team which secured a Gold Medal, was promoted under the Sports Quota, the petitioner was not. Thus, the petitioner prays that a mandamus be issued to promote him under the Sports Quota.3. The representations ...
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