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Delhi Court February 2012 Judgments

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Feb 02 2012

M/S Anjuman Taraqqi Urdu (Hind) Vs. M/S Vardhman Yarns and Threads Ltd

Court: Delhi

Decided on: Feb-02-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI + IA NO. 10702/2011 IN CS(OS) NO. 913/2011 M/S ANJUMAN TARAQQI URDU (HIND) ..... Plaintiff Through: Mr. A.K. Singla, Sr. Advocate with Mr. J.K. Sharma, Adv. versus M/S VARDHMAN YARNS and THREADS LTD. ..... Respondent Through: Mr.Dalip Kumar Sharma, Adv. % Date of Decision : February 02, 2012 CORAM: HON'BLE MS. JUSTICE REVA KHETRAPAL JUDGMENT : REVA KHETRAPAL, J..1. The defendant in the aforementioned suit has filed an application under Section 8 of the Arbitration and Conciliation Act, 1996 for reference of the disputes between the parties to arbitration..2. Notice of the application was issued to the learned counsel for the plaintiff, who has chosen not to file a reply and to make oral submissions opposing the application. IA No. 10702/2011 in CS (OS) No.913/2011 Page 1 of 11.3. The factual background in which the application is filed is as follows..4. The plaintiff, which is a society registered under the Societies Registration Act, has filed...


Feb 02 2012

Cit Vs. Prasad and Co

Court: Delhi

Decided on: Feb-02-2012

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 219/2011 CIT ..... Appellant Through Mr. Kamal Sawhney, Adv. versus PRASAD and CO ..... Respondent Through Mr. Piyush Kaushik, Adv. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE R.V.EASWAR ORDER % 02.02.2012 This appeal by Revenue under Section 260A of the Income Tax Act, 1961 (Act, for short) impugns the order dated 31st March, 2010 passed by the Income Tax Appellate Tribunal (for short, the tribunal) in the case of Prasad and Company Pvt. Ltd. The appeal pertains to the assessment year 2000-01..2. The following two issues have been raised by the Revenue:- (i) Disallowance of bad debt of Rs.1,62,96,953/- made by the Assessing Officer, which has been deleted by the tribunal. It is submitted that the bad debt was not incurred. (ii) Disallowance of Rs.1,99,856/- paid by the respondent-assessee to the National Stock Exchange and Delhi Stock Exchange (NSE and ITA 219/2011 Page 1 of 10 DSE, respectively), which again has bee...


Feb 02 2012

SachIn J. Joshi and anr Vs. Lt. Governor and anr

Court: Delhi

Decided on: Feb-02-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 2nd February, 2012 + W.P.(C) 8496/2008 % SACHIN J. JOSHI and ANR. ....Petitioners Through: Mr. Sanjay Jain, Sr. Adv., Ms. Pinky Anand, Sr. Adv. with Mr. Trideep Pais, Mr. Lokesh Bhola and Mr. Shohit Chaudhry, Advs. Versus LT. GOVERNOR and ANR. ..... Respondents Through: Mr. Ajay Verma, Adv. for DDA. CORAM :- HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW JUDGMENT RAJIV SAHAI ENDLAW, J..1. The petition impugns the order dated 10th November, 2008 of the respondent no.1 acting as the Chairman of the respondent no.2 DDA, refusing the request of the petitioners for amalgamation of hotel plots No.1 and 2 in Wazirpur District Centre, New Delhi and seeks mandamus for such amalgamation; compensation is also claimed for withholding the permission for amalgamation. Notice of the petition was issued and pleadings have been completed. The counsels have been heard. W.P.(C) No.8496/2008 Page 1 of 17.2. The respondent no.2 DDA had in the year 1994 in...


Feb 02 2012

The Decree-holder (The then Vs. Bearing No.2524/1988, Seeking

Court: Delhi

Decided on: Feb-02-2012

.* HIGH COURT OF DELHI: NEW DELHI Order pronounced on: 02.02.2012 + EX. P. No.286/2011 MS. ADARSH KAUR GILL ..... Decree Holder Through Mr. C.A. Sunderam, Sr. Adv. with Mr. Munindra Dwivedi, Ms. Divya Bhalla and Mr. Zafar Inayat, Advs. versus SH. MAWASI and OTHERS ..... Judgment Debtors Through Mr. Pramod Ahuja, Adv. with Dr. Pradeep N. Sharma, Advs. for J.Ds. No.4 and .5. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J..1. The decree-holder (the then plaintiff) on 10.10.1988 filed the suit bearing No.2524/1988, seeking relief for specific performance of the agreement to sell dated 02.05.1988 entered into between the decree-holder, namely, Adarsh Kaur Gill and the five judgment-debtors (the then defendants), namely, (i) Mawasi, (ii) Smt. Ramkali, (iii) Satpal, (iv) Satbir, and (v) Vijay Pal, in respect of the land comprising in Mustatil No.90, Killa No.11/2, Mustatil No.91, Killa Nos.7/1, 7/2, 14, 17, 15/2 and 16, total admeasuring 17 Bighas and 4 Biswas, situated within th...


Feb 02 2012

Mr. Sanjeev Chopra Vs. All Wear Clothing (India)

Court: Delhi

Decided on: Feb-02-2012

*IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 1008/1998 Judgment reserved on 17th January, 2012 Judgment decided on 2nd February, 2012 MR. SANJEEV CHOPRA ..... Plaintiff Through: Ms. Ekta Kalra, Adv. and Ms.Neha Bhatnagar, Adv. Versus ALL WEAR CLOTHING (INDIA) P. LTD. AND ANR. ..... Defendants Through: Mr. Balaji Srinivasan, Adv. Coram: HON'BLE MR. JUSTICE A.K. PATHAK A.K. PATHAK, J..1. Plaintiff has filed this suit against the defendants for recovery of `21,34,126/- (Rupees Twenty One Lacs Thirty Four Thousand One Hundred Twenty Six Only) together with pendente lite and future interest @ 24% per annum and costs..2. As per the plaint, plaintiff was engaged in the business of sale and purchase of "quotas" for exporting readymade garments from India to Europe and U.S.A., in the name and style of "M/s. Reliable Commitment". At the time of sale, plaintiff used to get the "quotas" transferred in the name of prospective purchasers in the relevant records of Apparel Exports Promotion Coun...


Feb 02 2012

Union of India Vs. M/S Sunrise Enterprises, Panipat

Court: Delhi

Decided on: Feb-02-2012

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 20 + O.M.P. 382/2006 UNION OF INDIA ..... Petitioner Through Mr. Jaswinder Singh, Advocate. versus M/S SUNRISE ENTERPRISES, PANIPAT ..... Respondent Through Mr. Shiv Khorana, Advocate. CORAM: JUSTICE S. MURALIDHAR ORDER % 02.02.2012 IA No.9086/2006.1. This is an application by the Petitioner seeking condonation of delay in re- filing the petition being OMP No.382. of 2006 under Section 34 of the Arbitration and Conciliation Act, 1996 ('Act')..2. The facts relevant to the present application are that the impugned Award was passed on 21st February 2006. According to the Petitioner, it received a copy of the Award on 28th February 2006. In terms of Section 34 (3) of the Act, the petition for setting aside the Award had to be filed within three months from the date of receipt of the Award. Admittedly, the OMP was filed within time on 22nd May 2006. OMP No.382. of 2006 Page 1 of 7.3. The petition was scrutinized and the following defects were poi...


Feb 02 2012

Hari Niwas Gupta Vs. M/S Om Propmart (P) Ltd and ors

Court: Delhi

Decided on: Feb-02-2012

.* HIGH COURT OF DELHI: NEW DELHI Order pronounced on: 02.02.2012 + I.A. No.17784/2010 in CS (OS) No.951/2010 HARI NIWAS GUPTA ..... Plaintiff Through Mr. D.K.Rastagi, Adv. with Mr. Asim Naeem, Mr. Amit Jagga and Mr. B.S. Bagga, Advs. versus M/S OM PROPMART (P) LTD and ORS ..... Defendants Through Mr. Akhil Sibal, Adv. with Mr. Rajesh Pathak and Mr. Pradeep Kumar, Advs. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J..1. By this order I shall dispose of the present application filed by the defendants under Order XXXVII, Rule 3(5) CPC praying for unconditional leave to defend the instant suit of the plaintiff..2. The plaintiff has filed the present suit for recovery of Rs.50,00,000/- (Rs. Fifty Lac). Plaintiff's Case.3. As per the plaint the facts are that one of the business acquaintances of the plaintiff introduced him to defendant Nos.2. to 4 who represented themselves to be reputed estate agents carrying on business under the name and style of defendant No.1, company and...


Feb 02 2012

Khacheru (D) Th. Lr.S Vs. Uoi and anr

Court: Delhi

Decided on: Feb-02-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment: 02.02.2012 + CM(M) 832/2009 and CM Nos.13582/2010 and 18084-85/2010 KHACHERU (D) TH. LR.S ..... Petitioner Through Mr.S.P.Singh Rathore, Adv. versus UOI and ANR. ..... Respondents Through Mr. Sanjay Kumar Pathak, Adv. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J. (Oral) 1 Order impugned before this Court is the order dated 18.07.2008 wherein the application filed by the petitioner under Sections 151 and 153 of the Code of Civil Procedure (hereinafter referred to as the 'Code') seeking a prayer to the effect that the respondent/Union of India should send a revised Statement of Account under Section 19 of the Land Acquisition Act (hereinafter referred to as the 'said Act') giving details of the land of the petitioner had been dismissed. CM (M) No. 832/2009 Page 1 of 4 2 Record shows that the land of the petitioner situated in the revenue estate of village Khichripur, Delhi was acquired by the Government pursuant...


Feb 02 2012

Air Marshal Satish C.Lal and anr Vs. J.J.Singh and ors

Court: Delhi

Decided on: Feb-02-2012

$ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: January 18, 2012 Judgment Pronounced on: February 02, 2012 + RFA(OS) 39/2002 AIR MARSHAL SATISH C.LAL and ANR. .......Appellants Through: Mr.Vinoo Bhagat, Senior Advocate With Mr.Amiet Andley, Advocate and Mr.Arun K.Sharma, Advocate Versus J.J.SINGH and ORS. .....Respondents Through : Mr.Rajiv Bahl, Advocate RFA(OS) 18/2003 J.J.SINGH and ORS. ...Appellants Through: Mr.Rajiv Bahl, Advocate Versus AIR MARSHAL SATISH C.LAL and ANR. ....Respondents Through : Mr.Vinoo Bhagat, Senior Advocate With Mr.Amiet Andley, Advocate and Mr.Arun K.Sharma, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J..1. Briefly stated, the facts leading to filing of the above captioned appeals are that Mr.J.J.Singh filed a suit bearing No.257/1964 before the Sub-Judge, 1st Class, Delhi seeking specific performance of an Agreement to Sell dated 27.03.1963, RFA(OS) Nos.39/02 and 18/03 Page 1...


Feb 02 2012

Jitender Chowdhary @ Jatan Kumar Vs. State

Court: Delhi

Decided on: Feb-02-2012

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P.438/2011 and Crl.M.A.No.11622/2011(Stay) % Judgment delivered on: 02nd February, 2012 JITENDER CHOWDHARY @ JATAN KUMAR ..... Petitioner Through :Mr.Abhishek Verma, Mr.Rajender Sahu, Mr.Rishabh Sahu, and Ms.Hema Sahu, Advs. versus STATE ..... Respondent Through : Mr.Navin Sharma, APP for State with SI Youdh Bir Singh, Special Cell, Lodhi Colony, New Delhi in person. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J. (Oral).1. Vide instant petition, petitioner has assailed the order dated 30.01.2009 whereby the application of the petitioner for declaring him a 'juvenile' under provision of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred as the 'JJ Act, 2000') has been dismissed by learned Additional Sessions Judge, Delhi..2. Mr.Abhishek Verma, learned counsel for petitioner has submitted that the Trial Judge has not relied upon the annual report cards of different academic sessions upto ...


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