Delhi Court January 2013 Judgments
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Bhagirath Aggarwal Vs. Cit
Court: Delhi
Decided on: Jan-22-2013
THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:22. 01.2013 ITA 28/2012 BHAGIRATH AGGARWAL ..... Appellant versus CIT ..... Respondent Advocates who appeared in this case: For the Appellant : Mr O.S. Bajpai, Sr.Adv. with Mr Piyush Kaushik, Mr Shashwat Bajpai and Ms Manasvini Bajpai, Advs. For the Respondent : Ms Suruchi Aggarwal and Mr Sanjeev Rajpal, sr. standing counsels CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE R.V.EASWAR JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. This is an appeal filed by the assessee being aggrieved by the order dated 6.5.2011 passed by the Income Tax Appellate Tribunal in ITA No.2118/Del/2008 pertaining to the assessment year 2006-2007. The Tribunal had reversed the decision of the Commissioner, Income Tax (Appeals) and sustained the decision of the Assessing Officer in making an addition of `1.75 crores on the basis of statements made by the assessee under Section 132 (4) during the course of search conducted on 10-11.11.2005 and...
Cit Vs. Mak Data Ltd
Court: Delhi
Decided on: Jan-22-2013
THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:22. 01.2013 ITA No.415/2012 CIT ... Appellant versus MAK DATA LTD ... Respondent Advocates who appeared in this case: For the Petitioner For the Respondent : Mr Sanjeev Sabharwal, Adv. : None CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE R.V.EASWAR JUDGMENT R.V.EASWAR, J The following substantial question of law was framed by this Court on 11th October, 2012:Whether the Tribunal fell into error in setting aside the order of penalty imposed by the AO and upheld by the CIT (A)? 2. This is an appeal by the Revenue under Section 260A of the Income Tax Act, 1961 (Act for short) and it pertains to the assessment year 2004-05. An assessment was completed upon the assessee under Section 143(3) of the Act in which an addition of `40,74,700/- was made in the following circumstances. There was a survey under Section 133A on 16th December, 2003 in the course of which some documents pertaining to the assessee were found a...
D.T.C. Vs. Dhoj Pal
Court: Delhi
Decided on: Jan-22-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 21176/2005 Reserved on:19. h October, 2012 Decided on:22. d January, 2013 % D.T.C. Through: ..... Petitioner Mr. J.B. Malik, Advocate. Through: ..... Respondent Mr. G.S. Charya, Advocate. versus DHOJ PAL Coram: HON'BLE MS. JUSTICE MUKTA GUPTA 1 By the present petition the Petitioner impugns the order dated 22nd December, 2004 and the award dated 2nd February, 2005wherebyit was held that the report of the Inquiry Officer was not based upon cogent material, was perverse and thus vitiated and since the Petitioner did not seek the leave to lead the evidence even if the issue in the inquiry was decided against him in the written statement, no further opportunity can be granted to him to prove the misconduct of the workman and thus the termination was held to be illegal and unjustified and the Respondent was directed to be reinstated in service with full back wages from the date of the termination.2. Learned counsel for the Petitioner conte...
Reliance Communications Ltd and anr Vs. Bharti Airtel Ltd and anr
Court: Delhi
Decided on: Jan-22-2013
$~43. * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 243/2013 & CM 503/2013. % Judgment dated 22.01.2013 RELIANCE COMMUNICATIONS LTD AND ANR ..... Petitioners Through : Mr.Ramji Srinivasan, Sr. Adv. with Mr.Lakshmeesh Kamath, Mr.Kawaljit Singh Bhatia, Mr.Vivek Paul Oriel and Ms.Kabita Das, Advs. versus BHARTI AIRTEL LTD AND ANR ..... Respondent Through : Mr.Maninder Singh, Sr. Adv. with Mr.Gopal Jain, Mr.Ankur Sood and Mr.Kunal Kaul, Advs. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J (ORAL) 1. Present petition has been filed by petitioner under Article 226/227 of the Constitution of India seeking a direction to modify/set aside the order dated 3.12.2012 passed by Telecom Disputes Settlement and Appellate Tribunal (hereinafter referred to as the TDSAT) in Petition No.824/2012, filed by the petitioners herein, whereby the Tribunal has directed the petitioners to pay 50% of the amount demanded by the respondents @ 10 paise per SMS on the net inflow on traffic basis with effe...
Union of India and ors Vs. Parbhati Ram
Court: Delhi
Decided on: Jan-22-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: January 22, 2013 + W.P.(C) 1962/2012 UNION OF INDIA & ORS ..... Petitioners Represented by: Mr.R.V.Sinha and Mr.A.S.Singh, Advs. versus PARBHATI RAM ..... Respondent Represented by: Mr.S.S.Tiwari, Adv. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE VEENA BIRBAL PRADEEP NANDRAJOG, J.(Oral) 1. Vide impugned order dated December 13, 2011 the Central Administrative Tribunal has allowed O.A.No.665/2011. Penalty of dismissal from service inflicted upon the respondent, who was the applicant before the Central Administrative Tribunal, has been set aside. The appellate order rejecting the departmental appeal filed has also been set aside. Permission to hold fresh inquiry, which as we would understand means, to take corrective action by issuing a note of disagreement has not been permitted. The matter stands closed.2. The relevant facts would be that pertaining to the year 1997, when respondent was working as an Extr...
Magt.of M/S Amazone Exports P. Ltd. Vs. Secretary Labour and anr.
Court: Delhi
Decided on: Jan-22-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 21994/2005 Reserved on:8. h November, 2012 Decided on:22. d January, 2013 % MAGT.OF M/S AMAZONE EXPORTS P. LTD. ..... Petitioner Through: Dr. M. Y. Khan, Advocate versus SECRETARY LABOUR & ANR. Through: ..... Respondents Mr. Rajat Sharma, Advocate Coram: HON'BLE MS. JUSTICE MUKTA GUPTA 1 By the present petition the Petitioner seeks setting aside of the award dated 8th February, 2005 wherein the learned Labour Court held that the services of the workman Respondent No. 2 were terminated without complying with the provisions of Section 25F of the Industrial Dispute Act, 1947 (in short ID Act) hence illegal and unjustified and thus granted him reinstatement with continuity of service and 75% of last drawn wages.2. Learned counsel for the Petitioner contends that the learned Labour Court while passing the impugned award failed to consider that the Management had mentioned in all the proceedings and correspondence that the workman did not r...
Furqan Vs. State
Court: Delhi
Decided on: Jan-22-2013
IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:22. 01.2013 W.P.(CRL) 1025/2012 FURQAN .. Petitioner Through: Petitioner in person. Versus STATE Through: .. Respondents Mr. Pawan Sharma, Standing Counsel with Ms. Richa Kapoor & Mr. Sanjay Lao, APP CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SIDDHARTH MRIDUL JUDGMENT SANJIV KHANNA, J.(ORAL) 1. Furqan has filed this writ petition for issue of writ of habeas corpus and direction against the respondents to produce his wife Khushboo @ Aarti daughter of Hari Kishan. Hari Kishan and his wife Seema are respondent Nos.2 and 3 respectively to the writ petition.2. On the basis of a report made by Hari Kishan, FIR No.205 dated 29.05.2012 was registered in Police Station Mangol Puri. In the said FIR Hari Kishan had made an allegation that his daughter Khushboo @ Aarti, aged 16 years, was missing and remained untraceable, despite all efforts. Allegation was made against the petitioner herein that he had probably entice...
Leelawati Vs. State and anr.
Court: Delhi
Decided on: Jan-22-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision :22. d January, 2013 % + CRL.REV.P.175/2012 LEELAWATI Through: .....Petitioner Mr.Shiv Kumar Sharma, Adv. versus STATE & ANR. Through: .....Respondents Mr.Navin Sharma, APP for State/R-1. Ms.Sunila Chaudhary, Adv. for R-2. CORAM: HON'BLE MS. JUSTICE PRATIBHA RANI % PRATIBHA RANI, J.(ORAL) 1. Feeling aggrieved by the order dated 21.12.2011 passed by learned MM whereby he declined to take cognizance against accused person for committing the offence punishable under Section 306 IPC, this criminal revision petition has been preferred by petitioner Smt.Leelawati, who is mother of the deceased Nisha, as well the complainant in case FIR No.294/2011 under Section 498-A/306 IPC, PS Khazuri Khas, Delhi.2. At the outset, it is necessary to mention that the impugned order has not been challenged by the State.3. The grievance of the complainant is that her daughter Nisha died of burn injuries sustained at her matrimonial home. Crl.Rev.P. No...
G.S. Gill Vs. Electronics Corpn. of India and ors.
Court: Delhi
Decided on: Jan-22-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI + WP(C) No.3061/1995 % January 22, 2013 G.S. GILL ..... Petitioner Through: Mr. Arun Birbal, Adv. versus ELECTRONICS CORPN. OF INDIA & ORS. ..... Respondents Through: Ms. Shaveta Chaudhary, Adv. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. This writ petition under Article 226 of the Constitution of India is filed by the petitioner/G.S.Gill seeking quashing of the penalty order dated 10.6.94 and the appellate order dated 30.4.95 dismissing the appeal of the petitioner. By the penalty order dated 10.6.94, the petitioner was visited with the penalty of removal from service not amounting to a disqualification for future employment.2. The facts of the case are that the petitioner joined the first respondent corporation-Electronics Corporation of India Limited as a Tradesman A (class IV employee) with a basic qualification of matriculation on 1.1.1968. Petitioner was thereafter promoted...
Air Force Senior Secondary School and anr. Vs. Pushpa Sah and ors.
Court: Delhi
Decided on: Jan-22-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on:14. 01.2013 Judgment pronounced on:22. 01.2013 LPA No. 723/2012 AIR FORCE SENIOR SECONDARY SCHOOL AND ANR. ..... Appellants Through: Mr K.K. Sharma, Sr. Adv with Ms Bhanita Patowary, Adv. versus PUSHPA SAH AND ORS. Through: .... Respondents Mr J.P. Senth, Sr. Adv with Mr Sumeet Batra and Ms Ankita Gupta, Advs for R-1 Mr Swastik Varma with Ms Sonam Anand, Advs for R-2 and 3 CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V.K. JAIN V.K. JAIN, J.1. The respondent No.1, Pushpa Shah, who was working as librarian with the appellant school, was issued a charge sheet, alleging various acts of misconduct insubordination etc. After holding a Departmental Inquiry into the charges, penalty of dismissal of service was imposed upon her. She filed an appeal before the Delhi School Tribunal (hereinafter referred to as the Tribunal) challenging the order of dismissal. Vide order dated 17th December, 2002, the Tribunal quashed the p...
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