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Delhi Court January 2013 Judgments

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Jan 30 2013

Commissioner of Income Tax-xi Vs. Kuldeep Sood

Court: Delhi

Decided on: Jan-30-2013

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:30. 01.2013 ITA No.43/2013 COMMISSIONER OF INCOME TAX-XI ... Appellant versus KULDEEP SOOD ... Respondent Advocates who appeared in this case: For the Petitioner For the Respondent : Mr Sanjeev Rajpal : None CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE R.V.EASWAR JUDGMENT R.V.EASWAR, J This appeal has been filed by the Revenue and it is directed against the order passed by the Income Tax Appellate Tribunal (Tribunal for short) on 22nd June, 2012 in ITA(SS) No.61/Del/2009. The Revenue seeks admission of the appeal on the following questions of law stated to be substantial questions of law:I. Whether the ITAT has not erred in law in case of the respondent for deleting the addition of `26,27,610/- for AY 1998-1999 in the block assessment as his undisclosed income substantively from his proprietorship concern II. Whether the impugned order is not perverse? 2. In the assessment made under Section 158BC of the Act...


Jan 30 2013

Nauman Ahmad Khan Vs. Managing Committee Rabea Girls Public School and ...

Court: Delhi

Decided on: Jan-30-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + WP(C) No.560/2013 % January 30, 2013 NAUMAN AHMAD KHAN Through: ..... Petitioner Ms. Indirani Ghosh, Adv. versus MANAGING COMMITTEE RABEA GIRLS PUBLIC SCHOOL & ORS ..... Respondents Through: none. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. This is a writ petition in which the petitioner, who was working as a teacher in the respondent No.1/Rabea Girls Public School, challenges the chargesheet dated 11.9.2012, the subsequent enquiry report dated 15.1.2013, and, the order dated 23.1.2013 removing the petitioner from services of the school.2. Chargesheet was issued against the petitioner because the petitioner failed to comply with his order of transfer from respondent No.1/school to Hamdard Public School and instead gave a letter dated 3.5.2012 to the Secretary of the respondent No.2 which reads as under:THE SECRETARY HAMDARD EDUCATION SOCIETY TALIMABAD, SANGAM VIHAR, DELHI Dt:03...


Jan 30 2013

Hari Om Vs. State

Court: Delhi

Decided on: Jan-30-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:30. h January, 2013 + CRL. REV. P. 309/2012 HARI OM Through: ..... Petitioner Mr. Anil Saxena, Advocate versus STATE Through: ..... Respondent Ms. Rajdipa Behura, APP CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. By virtue of this Revision Petition, the Petitioner impugns an order dated 18.05.2012 passed by the learned Additional Sessions Judge(ASJ) whereby the Petitioners plea that he was a juvenile was rejected.2. It is urged by the learned counsel for the Petitioner that plea of juvenility can be raised by the Petitioner at any stage and even during the pendency of the Appeal. The Petitioner produced sufficient evidence before the learned ASJ to prove that his date of birth was 13.06.1993 and thus he was aged only 14 years on the alleged date of commission of the offence, that is, 20.03.2007. The learned ASJ was, however, swayed by the fact that as per the ossification test, his age was found to be...


Jan 30 2013

Rakesh Kumar Singh Vs. Union of India

Court: Delhi

Decided on: Jan-30-2013

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2449/2012 RAKESH KUMAR SINGH Through: ..... Petitioner Mr. Kamal Kumar Pandey, Adv. Versus UNION OF INDIA Through: ..... Respondent Mr. Jatan Singh, Adv. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V.K. JAIN ORDER % 30.01.2013 1. The petitioner before this Court alleges arbitrariness and adoption of non-transparent methods by various departments and agencies of the government in holding public competitions for designing of symbols/logos for them. According to the petitioner, the selection of artists/vendors for designing such symbols/logos is being done without giving wide publicity and thereby confining the process of selection to a privileged group of persons, which results in depriving the other citizens, of participating in such competitions and thereby contributing in the national life and its development. The following competitions, according to the petitioner, were held in a non-transparent and arbitrary manner: (...


Jan 30 2013

Vijay Singh Vs. M/S. Hindustan Antibiotics Ltd. and anr

Court: Delhi

Decided on: Jan-30-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:30. h January, 2013 + CRL. M.C. 1705/2012 VIJAY SINGH Through: ..... Petitioner Mr. Rajiv Bajaj, Adv. versus M/S. HINDUSTAN ANTIBIOTICS LTD. & ANR...... Respondents Through: Ms. Rajdipa Behura, APP for the State. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The present Petition is dismissed in terms of the judgment passed today in CRL.M.C.1151/2012 titled VIJAY SINGH v. M/S. HINDUSTAN ANTIBIOTICS LTD. & ANR.2. For detailed order, please see the above mentioned judgment. (G.P. MITTAL) JUDGE JANUARY 30 2013 vk...


Jan 30 2013

Commissioner of Income Tax Vs. Bhushan Capital and Credits Services Pv ...

Court: Delhi

Decided on: Jan-30-2013

$~11 THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on: January 30, 2013 ITA 247/2010 COMMISSIONER OF INCOME TAX ... Appellant versus BHUSHAN CAPITAL & CREDITS SERVICES PVT LTD ... Respondent Advocates who appeared in this case: For the Appellant For the Respondent : Mr Abhishek Maratha, Advocate : Mr Ajay Vohra, Advocate CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE R.V.EASWAR JUDGMENT BADAR DURREZ AHMED, J (ORAL) This appeal under Section 260A of the Income Tax Act, 1961 has been preferred by the Revenue, being aggrieved by the order dated 19.06.2009 passed by the Income Tax Appellate Tribunal in ITA No. 967/DEL/2008 pertaining to the assessment year 2005-06. The issue that has been raised in this appeal pertains to the initial disallowance by the Assessing Officer of `73,19,800/- claimed by the respondent-assessee on account of loss incurred on the sale of 49850 shares held by the respondent-assessee in Rail Track India Ltd. and 63000 shares of Evergrowin...


Jan 30 2013

Dharmesh Kumar @ Dharmender Vs. Anu Arora

Court: Delhi

Decided on: Jan-30-2013

* + IN THE HIGH COURT OF DELHI AT NEW DELHI MAT.APP. 57/2011 % Judgment delivered on:30. 01.2013 DHARMESH KUMAR @ DHARMENDER ..... Appellant Through : Mr. Harish K. Mehra, Adv. along with appellant in person versus ANU ARORA Through : ..... Respondent Mr. Ashwani Kumar Mata, Sr. Adv. with Mr. Gajinder Kumar, Mr. Kiran Jai, Mr. Chandra Shekhar and Ms. Kajal Bhati, Advs. along with respondent in person CORAM: HON'BLE MS. JUSTICE VEENA BIRBAL VEENA BIRBAL, J.* 1. By way of the first appeal under Section 28 of Hindu Marriage Act, 1955 (hereinafter referred to as the Act), a challenge has been made to the impugned judgment and decree dated 30.04.2011 passed by learned ADJ, Delhi in HMA No. 497/10/05.2. Briefly stated the facts of the case are that a petition for annulment of marriage with the appellant under Section 12(1)(c) of the Act was filed before the learned ADJ by the respondent wherein she had alleged that the appellant was employed as a Driver by her father who is a businessman. Sh...


Jan 30 2013

Mrs. Madhur Bhargava and ors. Vs. Ms. Arati Bhargava and ors.

Court: Delhi

Decided on: Jan-30-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON:24. 04.2012 PRONOUNCED ON:30. 01.2013 + RFA 732/2003, C.M. APPL. 1696/2003, 6452/2004, 11416/2004, 13190-13191/2004, 13877/2008 & 10055/2010 MRS. MADHUR BHARGAVA AND ORS. Versus MS. ARATI BHARGAVA AND ORS. .Appellants Respondents RFA 855/2003, C.M. APPL. 2099/2003, 2182/2003, 4688/2004, 13259/2006, 10056/2010 & 5670/2012 MS. ARATI BHARGAVA AND ANR. Versus MRS. MADHUR BHARGAVA AND ORS. .Appellants Respondents RFA 878/2003, C.M. APPL. 2144/2003 M/S. EKTA AGRO INDUSTRIES LTD. Versus MRS. MADHUR BHARGAVA AND ORS. .Appellant Respondents RFA 912/2003, C.M. APPL. 2235/2003 MR. AJAY SANGHI Versus MRS. MADHUR BHARGAVA AND ORS. RFA-732/2003,855/2003,878/2003 &912/03 .Appellant Respondents Page 1 Appearance: Sh. Ram Jethmalani, Sr. Advocate with Sh. Alok Kumar, Ms. Lata Krishnamurti, Sh. Karan Kalia, Sh. Ashish and Sh. Pranav Diesh, Advocates, for appellants in RFA 855/2003 and for respondents in RFA 732/2003, RFA 878/2003 & RFA 912/2003. Sh. ...


Jan 30 2013

P.S.Vimal Vs. Uoi and ors

Court: Delhi

Decided on: Jan-30-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: January 24, 2013. Judgment delivered on: January 30, 2013 + W.P.(C) 1137/2012 P.S.VIMAL ..... Petitioner Represented by: Petitioner in person. versus UOI AND ORS ..... Respondents Represented by: Mr.R.V.Sinha with Mr.R.N.Singh, Advocates CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE VEENA BIRBAL PRADEEP NANDRAJOG, J.1. We had heard the petitioner who appeared in person at length on January 24, 2013. Except to help us understand his grievance the petitioner could not render further assistance; with reference to the pleadings before the Central Administrative Tribunal and the orders passed from time to time disposing of the Original Application filed by him; which order was set aside by this Court in a writ petition filed by the petitioner resulting in the Tribunal being required to reconsider the matter and at that stage we find that this Court had highlighted the area of dispute which required a factua...


Jan 30 2013

The Indian Performing Right Society Ltd Vs. Gauhati Town Club and anr

Court: Delhi

Decided on: Jan-30-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:30. h January, 2013 + CS(OS) 559/2010, I.A. No.3959/2010 (u/O 3.R-1 & 2 CPC), I.A. No.3038/2012 (of D-1 & 2 u/O 7 R-11 CPC) & I.A. No.3039/2012 (of D1 & 2 u/O 7 R-11 CPC) THE INDIAN PERFORMING RIGHT SOCIETY LTD ..... Plaintiff Through: Ms. Geetanjali Visvanathan and Ms. Ayushi Kiran, Advocates. Versus GAUHATI TOWN CLUB & ANR ..... Defendants Through: Mr. Azim H. Laskar, Advocate. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.I.A. No.16810/2012 (of defendants u/O 8 R-1 CPC) & I.A. No.5281/2012 (of plaintiff u/O 8 R-10 CPC) 1. The counsel for the defendants seeks adjournment. On being asked the reason, he states that his vehicle was stolen on 24th January, 2013 and the file of this suit went along with the vehicle and he will have to re-construct the file.2. The counsel has been asked as to why on 24th January, 2013 he was carrying the file of this suit which was not listed on that date and was vide order ...


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