Delhi Court December 2012 Judgments
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The Commissioner of Income Tax-v Vs. Orient Craft Ltd.
Court: Delhi
Decided on: Dec-12-2012
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:12. h December, 2012 + ITA No.555/2012. THE COMMISSIONER OF INCOME TAX-V Through: ..... Appellant Mr. N. P. Sahni, Sr. Standing Counsel with Mr. Ruchesh Sinha, Advocate. versus ORIENT CRAFT LTD. Through: ..... Respondents Mr. Salil Aggarwal with Mr. P. C. Yadav, Advocates CORAM: MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE R.V. EASWAR R.V.EASWAR,J: (OPEN COURT) The substantial question of law proposed by the Revenue in this appeal under Section 260A of the Income Tax Act, 1961 (Act for short) is, in short, whether the Income Tax Appellate Tribunal is right in law in holding that the reassessment proceedings under section 147 were not validly initiated.2. The assessee is a company and for the assessment year 2002-03 it filed a return of income on 31st October, 2002 declaring a total income of Rs.4,45,35,395/-. The return was processed under Section 143(1) on 27th February, 2003; the income returned was accepted. Included in the r...
National Insurnace Co. Ltd. Vs. Rojan Vivi and ors
Court: Delhi
Decided on: Dec-12-2012
$ 28 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:12. h December, 2012 + MAC. APP. 676/2012 NATIONAL INSURNACE CO. LTD. Through: ..... Appellant Mr. D.K. Sharma, Advocate. Versus ROJAN VIVI & ORS. ..... Respondents Through: Mr. S.N. Parashar, Advocate for the Respondents No.1 to 7. Mr. R.K. Jain, Advocate for the Respondent No.9. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Appeal is for reduction of compensation of `11,14,764/- awarded by the Motor Accident Claims Tribunal(the Claims Tribunal) in favour of the Respondents No.1 to 7 for the death of Islam Shekh who died in a motor vehicle accident which occurred on 10.07.2008.2. The finding on negligence reached by the Claims Tribunal is not challenged by the Appellant Insurance Company; thus the same has attained finality.3. The challenge in the instant Appeal is confined to the compensation awarded towards loss to estate, loss of consortium and loss of love and affection. It is urged that...
Reliance General Insurance Co. Ltd. Vs. Jyoti and ors.
Court: Delhi
Decided on: Dec-12-2012
$ 3, 4, 12, 13 & 42 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:12. h December, 2012 + MAC. APP. 672/2011 RELIANCE GENERAL INSURANCE CO. LTD. ..... Appellant Through: Mr. Sameer Nandwani, Advocate. Versus JYOTI & ORS. Through: + ..... Respondents Mr. Navneet Goyal with Ms. Suman N. Rawat, Advocates for Respondent No.1. MAC. APP. 673/2011 RELIANCE GENERAL INSURANCE CO. LTD. ..... Appellant Through: Mr. Sameer Nandwani, Advocate. Versus NISHAR AHMED & ORS. Through: + ..... Respondents Mr. Navneet Goyal with Ms. Suman N. Rawat, Advocates for Respondent No.1 & 2. MAC. APP. 674/2011 RELIANCE GENERAL INSURANCE CO. LTD. ..... Appellant Through: Mr. Sameer Nandwani, Advocate. Versus SITA & ORS. Through: ..... Respondents Mr. Navneet Goyal with Ms. Suman N. Rawat, Advocates for Respondent No.1. + MAC. APP. 676/2011 RELIANCE GENERAL INSURANCE CO. LTD. ..... Appellant Through: Mr. Sameer Nandwani, Advocate. Versus SURESH & ORS. Through: + ..... Respondents Mr. Navneet Goyal with Ms...
Shiv Hari Gaur and anr. Vs. Sumitra Devi
Court: Delhi
Decided on: Dec-12-2012
* THE HIGH COURT OF DELHI AT NEW DELHI + CM (M) 1239/2012 Date of Decision:12. 12.2012 Petitioner SHIV HARI GAUR & ANR. Through: Mr. R.K.Shukla, Advocate. Versus Respondent SUMITRA DEVI Through: Nemo. CORAM: HONBLE MR. JUSTICE M.L. MEHTA M.L. MEHTA, J.(Oral) 1. This petition under Article 227 of the Constitution seeks assailing the order dated 12.09.2012 of Sr. Civil Judge (SCJ), whereby the application filed by the petitioners (respondents in appeal) under Section 151 CPC for dismissal of the appeal filed before him, was dismissed.2. The respondent being aggrieved of the judgment and decree dated 26.03.2011 of Civil Judge, preferred an appeal before the ADJ, who vide order dated 11.1.2012, returned the appeal for filing in the court of competent jurisdiction. The appeal was returned on 23.1.2012 and that is how, it was filed on 24.1.2012 before the court of SCJ at Dwarka.3. The petitioners filed an application under Section 151 CPC seeking dismissal of the appeal on the ground of barr...
Cit Vs. Hindustan Lever Ltd
Court: Delhi
Decided on: Dec-12-2012
$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:12. 12.2012 + ITA 516/2012 CIT ..... Appellant Through: Mr. Karan Khanna, Adv. versus HINDUSTAN LEVER LTD ..... Respondent Through: Mr. Percy J Pardiwalla, Sr. Adv. with Mr. Satyen Sethi, Mr. Nishant Thakkar and Mr. Arta Trana Panda, Advs. CORAM: MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE R.V. EASWAR S. RAVINDRA BHAT,J: (OPEN COURT) The revenue claims to be aggrieved by the order dated 25.2.2011 of the Tribunal. The substantial question of law urged by it is that the Tribunal fell into error in holding that TDS was not recoverable from the assessee in terms of the Section 194-I, at 22%.2. The brief facts are that the assessee is a well known manufacture of consumer goods such as detergent, soaps etc. It hires godowns on rent and also engages c & f agents to manage them for various purposes. The assessing officer, for the financial year 2000-01 was of the view, after examination of form No.26G and 26J, that the assessee wrongl...
Bulan Das Vs. Dharambeer and ors.
Court: Delhi
Decided on: Dec-12-2012
$ 14 & 34 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:12. h December, 2012 + MAC. APP. 745/2011 BULAN DAS Through: ..... Appellant Mr. F.K. Jha, Advocate. Versus DHARAMBEER & ORS. Through: + ..... Respondents Mr. Sameer Nandwani, Advocate for the Respondents No.3 Insurance Company. MAC. APP. 814/2011 RELIANCE GENERAL INSURANCE CO. LTD. ..... Appellant Through: Mr. Sameer Nandwani, Advocate Versus BULAN DAS & ORS. Through: ..... Respondents Mr. F.K. Jha, Advocate Respondents No.1. for the CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. In view of the judgment dated 05.11.2012 passed by the Supreme Court of India in MAC. APP. No.745/2011 & 814/2011 Civil Appeal No.7874/2012, Appeal (MAC.APP.814/2011) is restored to its original number.2. These two Appeals arise out of a judgment dated 06.06.2011 passed by the Motor Accident Claims Tribunal(the Claims Tribunal) whereby a compensation of `18,69,000/- was awarded in favour of Bulan Das who suffered in...
Reliance General Insurance Co. Ltd Vs. Bulan Das and ors
Court: Delhi
Decided on: Dec-12-2012
$ 34 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:12. h December, 2012 + MAC. APP. 814/2011 RELIANCE GENERAL INSURANCE CO. LTD. ..... Appellant Through: Mr. Sameer Nandwani, Advocate Versus BULAN DAS & ORS. Through: ..... Respondents Mr. F.K. Jha, Advocate Respondents No.1. for the CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The present Appeal is dismissed in terms of the judgment passed today in MAC.APP.745/2011 titled BULAN DAS v. DHARAMBEER & ORS.2. For detailed order, please see the above mentioned judgment. (G.P. MITTAL) JUDGE DECEMBER 12 2012 pst...
Reliance General Insurance Co. Ltd. Vs. Dev Mitra Tiwari and ors.
Court: Delhi
Decided on: Dec-12-2012
$ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:12. h December, 2012 + MAC. APP. 1094/2011 RELIANCE GENERAL INSURANCE CO. LTD. ..... Appellant Through: Mr. Sameer Nandwani, Advocate. Versus DEV MITRA TIWARI & ORS. Through: None ..... Respondents CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The present Appeal is disposed of in terms of the judgment passed today in MAC.APP.1081/2011 titled RELIANCE GENERAL INSURANCE CO. LTD. v. ANKIT MAHESHWARI & ORS.2. For detailed order, please see the above mentioned judgment. (G.P. MITTAL) JUDGE DECEMBER 12 2012 pst...
National Insurnace Co. Ltd. Vs. Rekha and ors.
Court: Delhi
Decided on: Dec-12-2012
$ 32 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:12. h December, 2012 + MAC. APP. 902/2012 NATIONAL INSURNACE CO. LTD. ..... Appellant Through: Mr. Pradeep Gaur, Advocate. Versus REKHA & ORS. Through: ..... Respondents Mr. R.K. Jain, Advocate Respondents No.1 to 5. for the CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Appeal is for reduction of compensation of `20,37,566/- awarded by the Motor Accident Claims Tribunal(the Claims Tribunal) in favour of the Respondents No.1 to 5 for the death of Ram Narayan who died in a motor vehicle accident which occurred on 09.10.2007.2. The finding on negligence reached by the Claims Tribunal is not challenged by the Appellant Insurance Company; thus the same has attained finality.3. During the inquiry before the Claims Tribunal, it was claimed that the deceased was in private employment and was having an income of `1,30,225/- per annum. It was the Claimants case that he (the deceased) was aged 44 years ...
Umesh Mohan Sethi Vs. Union of India and anr.
Court: Delhi
Decided on: Dec-12-2012
*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:12. h December, 2012 % + W.P.(C) No.2926/2012 UMESH MOHAN SETHI Through: ..... Petitioner Petitioner in person. Versus UNION OF INDIA & ANR. ..... Respondents Through: Mr. Ruchir Mishra, Adv. CORAM :HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.This writ petition filed in public interest avers that an expenditure of about `30/- crores was incurred by the public exchequer between the years 2009-2011 on print advertisements on the birth and death anniversaries of Sh. Rajiv Gandhi and Smt. Indira Gandhi; other political figures are also known to allow huge expenditure out of public funds on projects identified by them / their political parties; instance is given of `685/- crores having been spent on the statues in the park at Noida at the instance of the then Chief Minister Kumari Mayawati. The petition also objects to naming of various public schemes launched again at expense of public fund...
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