Delhi Court December 2012 Judgments
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M/S Rural Communication and Marketing Pvt Ltd Vs. M/S Fytronics India ...
Court: Delhi
Decided on: Dec-06-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 63/2012 M/S RURAL COMMUNICATION & MARKETING PVT LTD ..... Petitioner Through: Mr. S.M. Bhaskar and Mr. Shiv Gupta and Mr. Zia-ul-islam, Advocates. versus M/S FYTRONICS INDIA PVT LTD & ANR ..... Respondents Through: Ms. Kajal Chandra and Ms. Renu Kuhar, Advocates. % Date of Decision : December 06, 2012 CORAM: HON'BLE MS. JUSTICE REVA KHETRAPAL JUDGMENT : REVA KHETRAPAL, J.1. The Petitioner M/s. Rural Communication and Marketing Pvt. Ltd., by way of the present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeks appointment of an independent Arbitrator for the adjudication of disputes which have arisen between the Petitioner and the Respondent No.1 M/s. Fytronics India Pvt. Ltd. with regard to a Lease Agreement dated 04.07.2011 entered into between the parties. The Respondent No.2 is the director of the Respondent No.1 Company.2. Shorn of details, the case of the Petitioner is that the Respondents by misrepre...
Moser Baer India Limited Vs. Deputy Commissioner of Income Tax and ors ...
Court: Delhi
Decided on: Dec-06-2012
IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :16.08.2012 PRONOUNCED ON:06.12.2012 + WP(C) 7677/2011 MOSER BAER INDIA LIMITED ...... Petitioner Through: Mr. Ajay Vohra & Ms. Kavita Jha, Advoctes versus DEPUTY COMMISSIONER OF INCOME TAX & ORS ..... Respondents Through: Mr. Sanjeev Sabharwal, Sr. Standing counsel with Mr. Puneet Gupta, Jr. Standing Counsel CORAM: MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE R.V. EASWAR MR. JUSTICE S.RAVINDRA BHAT % 1. The petitioner (hereinafter referred to as assessee) by these writ proceedings claims a direction for quashing the impugned notice dated 23.07.2010 issued by the first respondent under Section 148 of the Income Tax Act proceedings as well as further orders including the order dated 07.09.2011 dismissing its objections. The assessee filed its income tax WP(C) No.7677/2011 Page 1 return for assessment year 2004-2005 declaring a loss of `.83,36,69,556/under the normal provisions of the Act, it declared a book loss under Section 115 JB to the...
Oriental Insurance Co. Ltd. Vs. Varun Kumar @ Teenu and ors.
Court: Delhi
Decided on: Dec-06-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:6. h December, 2012 + MAC. APP. 273/2011 ORIENTAL INSURANCE CO. LTD. ..... Appellant Through: Mr. Pradeep Gaur & Mr.Amit Guar, Advocates. Versus VARUN KUMAR @ TEENU & ORS. ..... Respondents Through: Ms. Megha Gaur, Adv. for Mr. Mohit Gupta, Adv. for R-1. Mr. Rajeshwar Singh, Adv. for R-2 & 3. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Appellant Insurance Company impugns a judgment dated 06.01.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby while awarding the compensation of ` 1,08,000/- in favour of the First Respondent for having suffered injuries in a motor vehicle accident, which occurred on 04.04.2007 the Appellants plea of breach of the terms and conditions policy was rejected.2. The driver of the offending vehicle (Second Respondent) admittedly possessed a licence to drive heavy motor vehicle which entitled him to drive a medium motor vehicle and LMV (comme...
Director of Income Tax-ii Vs. Ohm Limited
Court: Delhi
Decided on: Dec-06-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:30. h October, 2012 Date of Decision:6. h December, 2012 % + W.P. (C) 6830/2011 DIRECTOR OF INCOME TAX-II .....Petitioner Through: Mr. N. P. Sahni, Sr. Standing Counsel. versus OHM LIMITED Through: ......Respondent Mr. Salil Kapoor with Mr. Vikas Jain, Mr. Sanat Kapoor and Mr. Ankit Gupta, Advocates. CORAM: MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE R.V. EASWAR R.V. EASWAR, J.: The short question which arises in this writ petition is whether the assessee, which is the respondent herein, falls to be assessed under section 44BB of the Income Tax Act, 1961 (Act, for short) as claimed by it or under section 44DA of the Act as claimed by the petitioner which is the Revenue.2. The respondent-assessee is a company incorporated under the laws of the United Kingdom and is a tax-resident of that country. It is engaged in the business of providing geophysical services to oil and gas exploration industry; it conducts electromagnetic survey, proce...
R.K.Sharma Vs. Union of India and anr.
Court: Delhi
Decided on: Dec-06-2012
IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:06. 12.2012 W.P.(C) 5709/2002 R.K.SHARMA ..... Petitioner versus UNION OF INDIA & ANR. ..... Respondents Advocates who appeared in this case: For the Petitioner : Dr Surat Singh and Ms Esha Mazumdar. For the Respondents : Ms Saroj Bidawat and Mr A.S.Tuisem Shimray. CORAM: HON'BLE MR. JUSTICE BADAR DURREZ AHMED HON'BLE MR. JUSTICE SIDDHARTH MRIDUL JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. This writ petition is directed against the order dated 18.02.2002 passed by the Central Administrative Tribunal in OA No.2677/2000. The petitioner had approached the Tribunal by way the said original application being aggrieved by the dismissal order dated 14.07.2000 and the appellate authoritys rejection order dated 31.10.2000.2. The facts of the case are that the petitioner who was working as a Daftry was issued a charge memo on 04.12.1998 proposing to hold an enquiry under Rule 14 of the CCS (CCA) Rules, 1965.3. The charge memo contained t...
Oriental Insurance Co. Ltd. Vs. Ms. Maansi Zalpuri and ors.
Court: Delhi
Decided on: Dec-06-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:6. h December, 2012 + MAC. APP. 646/2012 ORIENTAL INSURANCE CO. LTD. ..... Appellant Through Mr. Tarkeshwar Nath & Mr.Saurabh Kumar Tuteja, Advocates versus MS. MAANSI ZALPURI & ORS. Through None. ..... Respondents 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.635/2012 titled ORIENTAL INSURANCE CO. LTD. v. HARDIYANAND PARSHAD & ORS.2. For detailed order, please see the above mentioned judgment. (G.P. MITTAL) JUDGE DECEMBER 06 2012 v...
Ravi Kumar @ Ravi Vs. State Govt of Nct of Delhi
Court: Delhi
Decided on: Dec-06-2012
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:06. h December, 2012. + CRL.M.A 15930/2012 & CRIMINAL APPEAL NO. 1022/2012 RAVI KUMAR @ RAVI Through ..... Appellant Mr. O.N. Sharma, Advocate. versus STATE GOVT OF NCT OF DELHI ..... Respondent Through Mr. Sanjay Lao, APP. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE S.P.GARG HON'BLE MR. JUSTICE SANJIV KHANNA (ORAL) Age inquiry report has been received. As per the opinion expressed in the said report, age of the appellant-Ravi was 17 years of age on the date of the incident i.e. 5th October, 2007. Accordingly, the appellant was a juvenile on the said date and, therefore, was required to be dealt with under the Juvenile Justice (Care and Protection of Children) Act, 2000 and not under the provisions of the Indian Penal Code, 1860 read with the Code of Criminal Procedure, 1973.2. We have also examined the said report, which is detailed and elaborate. As per the Medical Board, consisting of 7 doctors, the appel...
The Management of Ashok Hotel (itdc) Vs. Perumal and anr.
Court: Delhi
Decided on: Dec-06-2012
THE HIGH COURT OF DELHI AT NEW DELHI Judgment pronounced on:06. 12.2012 LPA No.1056/2011 INDIA TOURISM DEVELOPMENT CORPORATION LTD. .. Appellant versus VINOD & ORS. .. Respondents LPA No.135/2012 IGI AIRPORT RESTAURANT .. Appellant versus SUBRAMANIUM & ORS. .. Respondents LPA No.203/2012 IGI AIRPORT RESTAURANT .. Appellant versus SILVA RAJ & ANR. .. Respondents and LPA No.217/2012 THE MANAGEMENT OF ASHOK HOTEL (ITDC) .. Appellant versus PERUMAL & ANR. .. Respondents Advocates who appeared in these cases: For the Appellants For the Respondents : Mr V.K.Rao, Sr Advocate with Mr Ayushya Kumar in LPA Nos.1056/2011 & 217/2012. Mr Karunesh Tandon in LPA Nos.135/2012 & 203/2012. : Mr S.S.Upadhyay. CORAM: HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE SIDDHARTH MRIDUL JUDGMENT SIDDHARTH MRIDUL, J.1. This batch of appeals raises a common question of law and is being disposed of by this common order.2. The common question of law involved in these appeals relates to whether a court can go...
Kaushal Kumar Vs. Union of India and ors.
Court: Delhi
Decided on: Dec-06-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : December 06, 2012 + W.P.(C) 7586/2012 KAUSHAL KUMAR Represented by: ..... Petitioner Mr.N.L.Bareja, Advocate Versus UNION OF INDIA AND ORS ..... Respondents Represented by: Mr.Rajinder Nischal, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE MANMOHAN SINGH PRADEEP NANDRAJOG, J.(Oral) 1. On an earlier occasion, competing at the Limited Departmental Competitive Examination, the petitioner was granted the benefit of being an OBC candidate in the form of age relaxation and merit being drawn in the OBC category and thereby earned promotion from the rank of Constable to Head Constable.2. The grievance in the writ petition is to similar benefit not being accorded at the Limited Departmental Competitive Examination for promotion to the post of a Sub Inspector.3. Only yesterday, granting relief in WP(C) No.6703/2012 in which same counsel i.e. Mr.N.L.Bareja had appeared for the writ petitioner therein, we ha...
New India Assurance Co. Ltd. Vs. Kiran @ Mini and ors.
Court: Delhi
Decided on: Dec-06-2012
$ 13 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:6. h December, 2012 + MAC. APP. 498/2012 NEW INDIA ASSURANCE CO. LTD. ..... Appellant Through: Mr. Sameer Nandwani, Advocate. Versus KIRAN @ MINI & ORS. Through: ..... Respondents Mr. S.N. Parashar, Advocate for the Respondents(Claimants) CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Appellant New India Assurance Co. Ltd. seeks reduction of Compensation of `12,11,168/- awarded by the Motor Accident Claims Tribunal(the Claims Tribunal) in favour of the First Respondent, a child aged three years at the time of the accident and now aged about 10 years who suffered amputation of both of her legs above knee in a motor vehicle accident which occurred on 07.04.2006.2. The finding on negligence is not challenged by the Appellant Insurance Company; thus the same has attained finality.3. The First Respondent suffered crush injury on both of her legs in the accident. Immediately after the accident, she ...
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