Delhi Court December 2013 Judgments
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Smt. Meena Bhatt and ors. Vs. Shri Bharat Bhushan and ors.
Court: Delhi
Decided on: Dec-10-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.606/2000 10th December, 2013 % SMT. MEENA BHATT AND ORS. Through: ..... Petitioners Mr. Sanjay Bhatt, Advocate. Versus SHRI BHARAT BHUSHAN AND ORS. Respondents Through: Mr. Avinash Mishra, Advocate for respondent No.4. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. By this writ petition, petitioners impugn the order dated 25.6.1998 of the Delhi School Tribunal whereby the Tribunal reviewed its judgment dated 15.7.1997 by deleting that line of the judgment of the appellant being entitled to consequential monetary benefits on reinstatement in services. This was done in view of Rule 121 of the Delhi School Education Rules, 1973 (hereinafter referred to as the Rules) which states that what is the amount to be paid to an employee, who is reinstated, has to be decided by the school. W.P.(C) No.606/2000 page 1 of 6 2. Since there were two views of two different Benches of thi...
A.John Vs. Delhi University and ors.
Court: Delhi
Decided on: Dec-10-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI + % W.P.(C) No.7195/2010 10th December, 2013 A.JOHN Through: ......Petitioner Mr. Karamveer Singh, Adv. VERSUS DELHI UNIVERSITY & ORS. Through: ...... Respondents Mr. Santosh Kumar, Adv. for R-1 and 2. Ms. Mamta Tiwari, Adv. for Mr. Amitesh Kumar, Adv. for R-4/UGC. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. Counsel for the petitioner seeks adjournment to file rejoinder-affidavit in this writ petition which seeks compassionate appointment. Counter- affidavit was filed way back on 8th October, 2013, and therefore, there is no ground for grant of time to file rejoinder-affidavit in a case such as the present and more so in view of the facts which have come out from the counter-affidavit. Counsel for the petitioner states that his mother was not well in the month of November,2013 however when queried whether he appeared in Courts he says Yes. Even assuming I take the statement that...
Commissioner of Income Tax Delhi Vs. Globus Securities and Finance Pvt ...
Court: Delhi
Decided on: Dec-10-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA4092012 Reserved on:2. d December,2013 Date of Decision:10. h December,2013 % COMMISSIONER OF INCOME TAX DELHI ..... Appellant Through Mr. Sanjeev Sabharwal, Sr. Standing Counsel versus GLOBUS SECURITIES & FINANCE PVT. LTD ..... Respondent Through Mr. Salil Kapoor with Mr. Sanat Kapoor, Mr. Vikas Jain and Ms. Sugandha Anand, Advs. CORAM: HONBLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SANJEEV SACHDEVA SANJIV KHANNA, J.This appeal by the Revenue which relates to assessment year 2006-07 stands for adjudication on the following question:Whether the impugned order of the Income Tax Tribunal (ITAT) is an error of law in approving the deletion of the amount included by the assessing officer by applying Section 68 of the Income Tax Act, 1961, in the facts and circumstances of the case?.2. Commissioner of Income Tax (Appeals) and the tribunal have held that the respondent assessee has been able to discharge onus under Section 68 of the Act as...
State Trading Corporation of India Ltd. Vs. M/S. Millennium Wires (P) ...
Court: Delhi
Decided on: Dec-10-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:12. 11.2013 Pronounced on:10. 12.2013 + RFA (OS) 139/2013, C.M. NO.17920/2013 (for stay) STATE TRADING CORPORATION OF INDIA LTD. ..... Appellant Through: Mr. Dinesh Agnani, Sr. Advocate with Ms. Leena Tuteja, Advocate. versus M/S. MILLENNIUM WIRES (P) LTD. AND ORS. ..... Respondents Through: Mr. Ajay Monga with Mr. Ateev. K. Mathur and Mr. Devmani Bansal, Advocates, for Resp. No.5. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI MR. JUSTICE S. RAVINDRA BHAT % 1. This is an appeal from an order of the learned Single Judge rejecting the plaint in CS(OS) 545/2012 under Order VII Rule 11 Code of Civil Procedure (hereafter CPC). The suit of Millennium Wires,(hereafter Millennium) the first plaintiff and State Trading Corporation (STC, the second plaintiff) sought a permanent injunction against the Allahabad Bank; it also sought to restrain the other defendants, including the fourth defendant, the Malayan Ban...
Mrs. Ranjana Sondhi Vs. State of Nct of Delhi and anr.
Court: Delhi
Decided on: Dec-10-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.3048/2013 10th December, 2013 % MRS. RANJANA SONDHI Through: ..... Petitioner Mr. Prem Prakash, Advocate. Versus STATE OF NCT OF DELHI AND ANR. Respondents Through: Mr. V.K. Garg, Advocate for respondent No.1. Mr. Pankaj Mehta, Advocate for respondent No.2. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. By this writ petition, petitioner seeks the relief of quashing of the letter dated 3.4.2013 issued by the respondent no.1/Director of Education. The letter dated 3.4.2013 is a show cause notice issued to the respondent no.2/school by the respondent no.1 seeking explanation as to how the respondent no.2 could continue the services of the petitioner after the request of the petitioner for seeking voluntary retirement by her letter dated 1.12.2011 was accepted on 21.1.2012. The request for withdrawal from resignation was made much later by the petitioner on 18.4.2012.2. Si...
Shri Virender Aran Vs. Shri Devinder Singh
Court: Delhi
Decided on: Dec-10-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:28. 11.2013 Decided on:10. 12.2013 + RFA(OS) 113/2013, CM APPL.13749/2013 SHRI VIRENDER ARAN ..... Appellant Through: Mr. Sunil Fernandez with Mr. Deepak Pathak & Mr. Virender, Advs. versus SHRI DEVINDER SINGH ..... Respondent Through: Mr. Vijay K.Gupta with Mr. Mehul Gupta, Advs. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI % 1. MR. JUSTICE NAJMI WAZIRI The question which arises in the present appeal is whether for rescission of a contract the mere communication to rescind would be sufficient or would the said communication need to be accompanied with the liquidated amount/damages mentioned in the contract where no time has been specified for such payment. The facts of the case are that the appellant (seller) agreed to sell a flat bearing No.C-8/54A, Keshav Puram, Delhi-35 to the respondent (purchaser) for a sale consideration of Rs.29,50,000/-, through an agreement dated 4th March, 2011. The entire ...
Naresh Bhardwaj and Another Vs. Jogesh Sethi and Others
Court: Delhi
Decided on: Dec-10-2013
* + HIGH COURT OF DELHI AT NEW DELHI Tr. P. (C) No.101/2013 & C.M. No.15793/2013 (for stay) Decided on :10. h December, 2013 SH NARESH BHARDWAJ AND ANR Petitioners Through: Ms. Meena Chaudhary Sharma & Mr. Kunal Anand, Advocates. Versus SHRI JOGESH SETHI AND ORS. Respondents Through: Mr. Arjun Malik, Advocate for R-1 & 2. Mr. Vaibhav Sethi, Advocate for R-3 with Mr. Ashok Sethi, President of R-3. Mrs. Madhu Sharan & Mr. Somesh Chandra Jha, Advocates for R-4/DDA. CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.(ORAL) 1. This is a petition under Section 24 CPC for transfer of Suit being C.S. No.204/2004 (original Suit No.2055/2000) titled Sumina (since deceased) represented through LRs vs. Naresh Bhardwaj & Others presently pending in the court of Sh. Sanjeev Agggarwal, the learned Additional District Judge-3, District Central, Tis Hazari Courts, Delhi to the High Court to be tried along with Civil Suit No.2322/2012 titled Naresh Bhardwaj & Another Vs. Jogesh Sethi & Others pending ...
Wing Commander Ravi Mani (Retd.) Vs. Union of India and ors
Court: Delhi
Decided on: Dec-10-2013
$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.7754/2013 & CM No.16506/2013 Date of decision :10. h December, 2013 WING COMMANDER RAVI MANI (RETD.) ..... Petitioner Through Mr.Inderjit Singh, Adv. versus UNION OF INDIA & ORS Through ..... Respondents Mr.Himanshu Bajaj, CGSC for R-1 to 4 CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MS. JUSTICE DEEPA SHARMA GITA MITTAL, J.(Oral) CM No.16506/2013 1. Allowed, subject to just exceptions. WP (C) No.7754/2013 2. The petitioner in the instant case assails the order dated 20 th November, 2013 passed by the Armed Forces Tribunal (AFT), Principal Bench, New Delhi in OA No.444/2013 praying for quashing of the PPO No.08/14/A/Rev.3407/2013 dated 31st May, 2013 and an order passed by the Principal Director, Directorate of Air Veterans, New Delhi, respondent no.3 herein, dated 27th August, 2013 rejecting the representation of the petitioner.3. The petitioner in the instant case is an officer of the Indian Air Force serving in the Metrol...
State Vs. HasnaIn and anr.
Court: Delhi
Decided on: Dec-10-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.L.P. 15/2013 STATE ..... Petitioner Through: Ms.Richa Kapoor, APP for the State with Insp. Vijay Kumar, PS Vivek Vihar versus HASNAIN & ANR. Through: ..... Respondents Mr.K.S.Singh, Advocate CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MS. JUSTICE INDERMEET KAUR ORDER1012.2013 % KAILASH GAMBHIR, J.1. By this petition filed under Section 378(1) of the Code Criminal Procedure Code, 1973 (hereinafter referred to as Cr.P.C.), the petitioner seeks grant of criminal leave to appeal to challenge the judgment dated 31.8.2012, passed by the learned Additional Session Judge, thereby acquitting the accused persons of the charges framed against them under Sections 302/102B Indian Penal Code, 1860.2. The facts and circumstances which gave rise to the registration of the case against the accused person, as per prosecution, are that:Police machinery was set into motion by DD No.22A lodged at PS Vivek Vihar at 1816 hours dated 2.7.10 regarding pres...
Cit - I Vs. Acl Wireless Ltd.
Court: Delhi
Decided on: Dec-10-2013
*IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on :23. d September, 2013 Judgment pronounced on:10. h December, 2013 % + ITA2542013 & 313/2013 CIT - I ..... Appellant Through Mr. Abhishek Maratha, Sr. Standing Counsel & Ms. Anshul Sharma, Advocate. Versus ACL WIRELESS LTD. Through ..... Respondent Nemo CORAM: HONBLE MR. JUSTICE SANJIV KHANNA HONBLE MR. JUSTICE SANJEEV SACHDEVA SANJEEV SACHDEVA, J.1. ITA No.254/2013 pertains to Assessment Year 200304 and impugns order of ITAT dated 28.08.2012 & ITA No.313/2013 pertains to Assessment Year 2007-08 and impugns order of ITAT dated 19.10.2012.2. These appeals have been filed by the Revenue under section 260A of the Income Tax Act, 1961 (for short ======================================================================= the Act) impugning the orders ITAT has accepted the appeals of the Assessee and deleted the additions made by the Assessing Officer with regard to product improvement expenses. The Assessing Officer had treated the p...
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