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Delhi Court December 2012 Judgments

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Dec 04 2012

R.C.Goel Vs. Commissioner of Income Tax

Court: Delhi

Decided on: Dec-04-2012

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON:04. 12.2012 + ITA 636/2012 R.C.GOEL ..... Appellant Through: Dr. Rakesh Gupta with Mr. Ashwani Taneja, Mr. Piyush Singh, Ms. Ayushi Pareek and Mr. T.S. Talwar, Advocates. versus COMMISSIONER OF INCOME TAX ..... Respondent Through: Mr. N.P. Sahni, Sr. Standing Counsel with Mr. Ruchesh Sinha, Standing Counsel. CORAM: MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE R.V. EASWAR MR. JUSTICE S.RAVINDRA BHAT (OPEN COURT) % Issue Notice. Mr. N.P. Sahni, Sr. Standing Counsel accepts notice on behalf of Revenue.2. ADMIT. With consent of counsel for the parties, the appeal is heard finally.3. The question of law which arises for consideration in this case is whether the ITAT erred in confirming the disallowance of expenditure to the tune of Rs.27, 48, 860/- made by the AO under Section 40A (3)? ITA-636/2012 Pag4. The brief facts of the case are that the assessee is a mobile railway catering contractor. It serves the passengers on trains and also d...


Dec 04 2012

Harananda and ors Vs. Union of India and ors

Court: Delhi

Decided on: Dec-04-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: December 04, 2012 + W.P.(C) No.6314/2012 HARANANDA AND ORS Represented by: ..... Petitioners Mr.Rakesh Tiku, Sr.Advocate instructed by Mr.S.S.Pandey, Advocate Versus UNION OF INDIA AND ORS ..... Respondents Represented by: Mr.S.R.Krishna, Advocate for R-1, 4 to 6. Mr.Amrit Pal Singh, Advocate with Ms.Gurjinder Kaur, Advocate for R-2. Mr.Naresh Kaushik, Advocate for R-3. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE MANMOHAN SINGH PRADEEP NANDRAJOG, J.(Oral) 1. On October 3, 2012, counsel had appeared for the respondents and had accepted notice. Four weeks time was granted to file a counter affidavit and four weeks time was granted to file a rejoinder. Matter was renotified for today.2. Counter affidavit has not been filed.3. However, keeping in view the averments made in the writ petition and the documents filed, all counsel agree that the matter can be disposed of issuing necessary directions to the ...


Dec 04 2012

Narender Kumar Goel and anr Vs. Jai Prakash Goel

Court: Delhi

Decided on: Dec-04-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:04. 12.2012 CS(OS) 955/2012 NARENDER KUMAR GOEL AND ANR Through: ..... Plaintiff Mr. Gurinder Pal Singh, Mr. Gaurav Barathi and Mr. Mishal, Advocates versus JAI PRAKASH GOEL Through: ..... Defendant None CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) 1. This is a suit for partition, permanent injunction and rendition of accounts. The case of the plaintiffs is that they, along with defendant, purchased the property bearing number PU-22, Visakha Enclave, Pitampura, Delhi and, therefore, the parties to the suit have 1/3rd share each in the said property which comprises of ground floor, first floor, second floor and the terrace. The ground floor is stated to be in possession of the defendant whereas the first floor, second floor and the terrace are stated to be occupied by the tenant. It is also alleged that the entire rent of the tenanted portion is being realized by the defendant alone. At one point of time, ...


Dec 04 2012

K S Bakshi Vs. P M Mathrani

Court: Delhi

Decided on: Dec-04-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS)Nos. 225/1998, 226/1998, 227/1998, 228/1998 & 229/1998 % + December 04, 2012 CS(OS) 225/1998 K S BAKSHI Through: ..... Plaintiff Mr. Anil Airi, Ms. Bindiya L.Airi and Mr. Pratyush Sharma, Advs. Versus P M MATHRANI Through: + ..... Defendant Mr. Yakesh Anand, Mr. Murari Kumar and Mr. Nimit Mathur, Advs. for defendant No.2. CS(OS) 226/1998 S S BAKSHI Through: ..... Plaintiff Mr. Anil Airi, Ms. Bindiya L.Airi and Mr. Pratyush Sharma, Advs. versus P M MATHRANI Through: ..... Defendant Mr. Yakesh Anand, Mr. Murari Kumar and Mr. Nimit Mathur, Advs. for defendant No.2. + CS(OS) 227/1998 S S BAKSHI Through: ..... Plaintiff Mr. Anil Airi, Ms. Bindiya L.Airi and Mr. Pratyush Sharma, Advs. Versus P M MATHRANI Through: + ..... Defendant Mr. Yakesh Anand, Mr. Murari Kumar and Mr. Nimit Mathur, Advs. for defendant No.2. CS(OS) 228/1998 SANJIT BAKSHI Through: ..... Plaintiff Mr. Anil Airi, Ms. Bindiya L.Airi and Mr. Pratyush Sharma, Advs. Versus P M M...


Dec 04 2012

Sudesh Solanki Vs. Delhi Development Authority

Court: Delhi

Decided on: Dec-04-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:19. h November, 2012. Pronounced on:04 December, 2012 % + LPA No. 705/2012 SUDESH SOLANKI Through: ..... Appellant Mr.N.S.Dalal, Adv. with Mr. Devesh Pratap Singh, Adv. Versus DELHI DEVELOPMENT AUTHORITY ..... Respondents Through: Mr.Pawan Mathur, Adv. CORAM: HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW D. MURUGESAN, CHIEF JUSTICE C.M.No.18030/2012 (delay of 22 days in filing) For the reasons stated in the application, the same is allowed and the delay of 22 days in filing the appeal is condoned. The application is disposed of. LPA No. 705/2012 1. This intra Court appeal is directed against the order dated 18.07.2012 passed by the learned Single Judge dismissing the writ petition filed by the appellant. The appellant is the owner of the land measuring 8 bighas and 19 biswas in Khasra No.59/13 and 14 situated in the revenue estate of Village Jaunti, Delhi. On coming to know of an advertisement dated 02.11.2004 that ...


Dec 04 2012

Bhagirath Chaudri (Decd.) Thr. Lrs. Vs. Delhi Development Authority

Court: Delhi

Decided on: Dec-04-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:19. h November, 2012. Pronounced on:4. h December, 2012 % + LPA No.751/2012 BHAGIRATH CHAUDRI (DECD.) THR. LRs. ..... Appellant Through: Ms. Richa Kapoor, Adv. versus DELHI DEVELOPMENT AUTHORITY ..... Respondent Through: Ms. Sangeeta Chandra, Standing Counsel for DDA. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW : D. MURUGESAN, CHIEF JUSTICE 1 This intra-Court appeal is directed against the order dated 16.8.2012 made in the writ petition. The short question that arises for our consideration is as to whether the learned Judge is right while directing the respondent-DDA to consider the appellants case for an alternate allotment of an MIG flat under the New Pattern Registration Scheme, 1979 (hereinafter referred to as the NPR Scheme) with further direction for the cost to be fixed prevalent in and around September, 2008 subject to the appellant submitting an undertaking to the respondent-DDA to not to sell th...


Dec 04 2012

Reliance General Insurance Co. Ltd. Vs. Sartaj and ors.

Court: Delhi

Decided on: Dec-04-2012

$ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:4. h December, 2012 + MAC. APP. 847/2012 RELIANCE GENERAL INSURANCE CO. LTD. ..... Appellant Through: Mr. A.K. Soni, Advocate. Versus SARTAJ & ORS. ..... Respondents Through: None 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.837/2012 titled RELIANCE GENERAL INSURANCE CO. LTD. v. ROSHAN JAHAN & ORS.2. For detailed order, please see the above mentioned judgment. (G.P. MITTAL) JUDGE DECEMBER 04 2012 pst...


Dec 04 2012

Jassu Kanwar Vs. Simbhu Dayal and ors.

Court: Delhi

Decided on: Dec-04-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:4. h December, 2012 + MAC. APP. 587/2012 JASSU KANWAR Through: ..... Appellant Mr. Yudhvir Singh Chauhan, Adv. versus SIMBHU DAYAL & ORS. Through ...... Respondents Mr. Amit Gaur, Adv. for R-3. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Appeal is for enhancement of compensation of `6,65,140/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of the Appellant for the death of Devraj, a bachelor who died in a motor vehicle accident which occurred on 13.12.2007.2. In the absence of any Appeal by the driver, owner or the Insurance Company, the finding on negligence has attained finality.3. During inquiry before the Claims Tribunal it was claimed that the deceased was working as a Service Engineer with Infra-Tech Solutions, 4-5, WZ-13D/3, Asalat Pur, Janakpuri, New Delhi and was earning `12,000/- per month including `7,000/- from M/s. Infra-Tech Solutions and remaining fr...


Dec 04 2012

Chanderpal Singh Vs. Surjeet Kaur and ors.

Court: Delhi

Decided on: Dec-04-2012

* THE HIGH COURT OF DELHI AT NEW DELHI + CM (M) 750/2010 Date of Decision:04. 12.2012 CHANDERPAL SINGH Through: Petitioner Ms. Nandni Sahni, Advocate. Versus SURJEET KAUR & ORS. Through: Respondent Mr. Rajiv Bansal, Advocate for DDA. Mr.Gagan Preet Singh, Advocate for the respondent No.2. 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 5.4.2010 of learned Addl. District Judge (ADJ), Delhi, whereby the application filed by the petitioner under Order 7 Rule 11(b) and (c) read with Section 151 CPC, was dismissed.2. The respondent Surjeet Kaur had filed a suit for declaration, cancellation and mandatory injunction against the petitioner and defendants namely Ankur Mittal and Delhi Development Authority (DDA). The case of the respondent was that her husband purchased the house bearing No. 918, Pocket 3, Sector 19, Pappan Kalan, Dwarka, New Delhi from its original allottee Mr.Ankur Mittal on 10.0...


Dec 04 2012

Meinhardt Singapore Pte Ltd. Vs. Assistant Director of Income Tax, Cir ...

Court: Delhi

Decided on: Dec-04-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on :2. d November 2012 Date of Decision:04. h December, 2012 + WRIT PETITON (CIVIL) NOS. 14076/2009 MEINHARDT SINGAPORE PTE LTD. ..... Petitioner Through Mr. C.S. Aggarwal, Sr. Advocate with Mr. Prakash Kumar, Advocate. VERSUS ASSISTANT DIRECTOR OF INCOME TAX, CIRCLE 3 1), INTERNATIONAL TAXATION, NEW DELHI ..... Respondent Through Mr. Sanjeev Sabharwal, Sr. Standing Counsel & Mr. Puneet Gupta, Standing Counsel. + WRIT PETITON (CIVIL) NOS. 14077/2009, MEINHARDT SINGAPORE PTE LTD. ..... Petitioner Through Mr. C.S. Aggarwal, Sr. Advocate with Mr. Prakash Kumar, Advocate. VERSUS ASSISTANT DIRECTOR OF INCOME TAX, CIRCLE 3 1), INTERNATIONAL TAXATION, NEW DELHI ..... Respondent Through Mr. Sanjeev Sabharwal, Sr. Standing Counsel & Mr. Puneet Gupta, Standing Counsel. + WRIT PETITON (CIVIL) NOS. 14085/2009 MEINHARDT SINGAPORE PTE LTD. ..... Petitioner Through Mr. C.S. Aggarwal, Sr. Advocate with Mr. Prakash Kumar, Advocate. VERSUS ASSISTANT D...


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