Delhi Court July 2013 Judgments
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Cit Vs. Ansal Housing and Construction Ltd.
Court: Delhi
Decided on: Jul-19-2013
$~S-1-4 * IN THE HIGH COURT OF DELHI AT NEW DELHI % DECIDED ON:19. 07.2013 + ITA NOS.210, 214, 215 & 250/2012 CIT ..... Appellant Through: Mr. Sanjeev Rajpal, Sr. Standing Counsel. versus ANSAL HOUSING AND CONSTRUCTION LTD. ..... Respondent Through: Ms. Kavita Jha with Mr. Vaibhav Kulkarni, Advocates. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.V. EASWAR MR. JUSTICE S.RAVINDRA BHAT (OPEN COURT) The following questions of law arise in these appeals for consideration: In ITA 210.214 & 215/2012 Did the ITAT fall into error in holding that the respondent was entitled to the deduction under Section 80 (IB) of the Income Tax Act, 1961; and In ITA 250/2012 Was the assessee liable to pay income tax on the annual letting value of the unsold flats owned by it under the head income from the ITA-210, 214, 215 & 250/2012 Page 1 house property? ITA NOS.210, 214 & 215/2012 1. The brief facts are that the appellant commenced development and construction development and constructi...
Virender Kumar (Deceased) Through His Father Bishm Vs. State and anr
Court: Delhi
Decided on: Jul-19-2013
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P(CRL.) No. 607/2012 Date of Decision:19. h July, 2013 VIRENDER KUMAR (DECEASED) THROUGH HIS FATHER BISHMBER DAYAL ..... Petitioner Through: Ms. Deepali Gupta, Advocate. versus STATE & ANR Through: ..... Respondents Mr. Nikhil A. Menon, Advocate for Mr. Dayan Krishnan, ASC with SI Darmender Kumar, PS Roop Nagar. Mr. J.P. Dhanda and Mr. N.A. Usmani, Advocate for R-2. CORAM: HONBLE MS. JUSTICE SUNITA GUPTA JUDGMENT :SUNITA GUPTA, J.1. This is a writ petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) filed by the petitioner who is the father of late Sh. Virender Kumar-complainant challenging the orders dated 21st May, 2009 passed by learned Additional Chief Metropolitan Magistrate (ACMM) and the order dated 3rd September, 2009 passed by learned Additional Sessions Judge (ASJ), Delhi with the prayer to summon the respondent in the complaint case filed by the decease...
Union of India and ors. Vs. M.H.Rizvi
Court: Delhi
Decided on: Jul-19-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: July 19, 2013 + W.P.(C) 6593/2012 UNION OF INDIA AND ORS. Represented by: ..... Petitioners Mr.Amit Dubey, Advocate versus M.H.RIZVI ..... Respondent Represented by: Mr.A.K.Trivedi, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE V.KAMESWAR RAO PRADEEP NANDRAJOG, J.(Oral) 1. Having perused the impugned decision passed by the Tribunal and having considered the report of the Inquiry Officer as also the note of disagreement, we concur with the view taken by the Tribunal that the Inquiry Officer rightly opined that the charge against the respondent was not established and that the disciplinary authority opined to the contrary without any evidence before it.2. It may be true that at a domestic enquiry standard of proof is lower. It is equally true that hearsay evidence of the kind referred to by the Supreme Court in the decision reported as (1977) 2 SCC 49.State of Haryana & Anr. v. Rattan Singh would be a...
New India Assurance Co. Ltd. Vs. Gurmeet Kaur and ors.
Court: Delhi
Decided on: Jul-19-2013
$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:19. h July, 2013 % + MAC.APP. No. 257/2012 & CM No. 4495/2012 (for stay) NEW INDIA ASSURANCE CO. LTD. ..... Appellant Through: Mr. L.K. Tyagi, Advocate. Versus GURMEET KAUR & ORS. Through: ..... Respondents Mr. S.N. Parashar, Advocate. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) MAC.APP. No. 257/2012 1. Vide the instant appeal, the appellant/Insurance Company has challenged the impugned award dated 09.12.2011, whereby the learned Tribunal has granted the compensation amount in favour of the respondents/claimants as under:Loss of dependency Loss of Funeral Expenses Loss of Love and Affection Loss of Estate Loss of Consortium Total 2. : Rs.13,15,800/: Rs.10,000/: Rs.10,000/: Rs.10,000/: Rs.10,000/: Rs. 13,55,800/- Learned counsel appearing on behalf of the appellant/Insurance Company has argued on two grounds. Firstly, the learned Tribunal has wrongly deducted 1/4th towards personal expenses of the decea...
Sri Krishan Vs. the State
Court: Delhi
Decided on: Jul-19-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: July 19, 2013 + CRL.A. 392/2000 Sri Krishan . ..... Appellant Through:Mr.Mukesh Kalia with Mr.Ayub Khan, Mr.Varun Jamwal and Mr.Hari Sharan Singh, Advocate versus The STATE ..... Respondent Through: Ms. Jasbir Kaur, APP for State CORAM: HON'BLE MS. JUSTICE VEENA BIRBAL VEENA BIRBAL, J.* 1. dated By way of present appeal, a challenge has been made to the judgment 24th May, 2000 and order of sentence dated 26th May, 2000 passed by the learned Additional Sessions Judge in S.C.No.154/98 arising out of FIR no.143/98 u/s 308 IPC Police Station Timar Pur whereby the appellant has been convicted for the offence punishable u/s 308 IPC and vide aforesaid order of sentence, has been sentenced to undergo RI for two years with fine of Rs.500/- each and in default of payment of fine, to further undergo RI for three months each.2. The case of the prosecution is based on statement Ex.PW 1/A alleged to have been made by Akbali Yadav, PW-1 to...
Meenu Saxena and ors Vs. Arya Vidya Mandir and ors
Court: Delhi
Decided on: Jul-19-2013
i.8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7014/2012 19th July, 2013 % MEENU SAXENA AND ORS ..... Petitioners Through: Mr. Ashok Aggarwal, Adv. versus ARYA VIDYA MANDIR AND ORS ..... Respondents Through: Mr. S.K.Shukla, Mr. Rajiv Shukla and Ms. Sneha Mukherjee, Advocates for R-1 & R-2. Mr. Anuj Tyagi and Mr. Sachin Chopra, Adv. for R-3. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. The limited issue in this case is the claim of the petitioners, who are teachers and other employees in the respondent no.1-school, for payment to them all salaries in terms of the reports of the 5th and 6th Pay Commissions as adopted by the Director of Education.2. It cannot be disputed that Director of Education has issued appropriate orders for payment of the monetary emoluments to the teachers and employees of the schools in terms of the 5th and 6th Pay Commissions W.P. (C) 7014/2012 Page 1 Reports, of course, as per the modific...
Scholar Publishing House Pvt. Ltd. Vs. M/S. Khanna Traders
Court: Delhi
Decided on: Jul-19-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:16. 07.2013 Pronounced on:19. 07.2013 + FAO (OS) 184/2013, C.M. APPL. 5414/2013 (for stay), C.M. APPL. 5416/2013 (for delay in filing) & C.M. APPL. 5417/2013 (for delay in refilling) SCHOLAR PUBLISHING HOUSE PVT. LTD...... Appellant Through: Sh. Akhil Sibal, Sh. Chirag Jamwal, Sh. Ajay Upadhyay and Sh. Pradeep Chhindra, Advocates. versus M/S. KHANNA TRADERS ..... Respondent Through: Sh. Sandeep Sethi, Sr. Advocate with Sh. Samrat Nigam and Ms. Ankita Mahajan, Advocates. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI % MR. JUSTICE S. RAVINDRA BHAT 1 The question sought to be agitated in the present appeal directed against the judgment and order of a Learned Single Judge of this court is whether the award rendered on a dispute referred to arbitration by the respondent/claimant was legal and binding inasmuch as did the parties enter into an arbitration agreement.2. The facts relating to the disputes are th...
Bhola Vs. State of Delhi
Court: Delhi
Decided on: Jul-19-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :18. h JULY, 2013 DECIDED ON :19. h JULY, 2013 + CRL.A. 1451/2011 DEEPAK @ RAGUVIR @ KALLU ....Appellant Through : Mr.K.Singhal, Advocate with Mr.Shiv Kumar Dwivedi, Advocate. Versus THE STATE (N.C.T. OF DELHI) .Respondent Through : Mr.M.N.Dudeja, APP. AND + CRL.A. 169/2011 BHOLA Through : ....Appellant Mr.Vivek Sood, Advocate. versus STATE OF DELHI Through : .Respondent Mr.M.N.Dudeja, APP. CORAM: HONBLE MR. JUSTICE S.P.GARG S.P.GARG, J.The present appeals stand disposed of in terms of a detailed common judgment delivered today which is placed in the file of Crl.A.No.170/2011 titled Kayum @ Sunil vs. State of Delhi. (S.P.GARG) JUDGE JULY 19 2013/tr...
Shakuntala and anr. Vs. the New India Assurance Co. Ltd. and ors
Court: Delhi
Decided on: Jul-19-2013
$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:19. h July, 2013 % + MAC.APP. No. 637/2012 SHAKUNTALA & ANR. Through: ..... Appellants Mr. Nitin Yadav, Advocate. Versus THE NEW INDIA ASSURANCE CO. LTD. & ORS...... Respondents Through: Mr.Salil Paul, Advocate for Respondent No.1. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. By way of the present appeal, the appellants have challenged the impugned award dated 01.10.2011, whereby the learned Tribunal has granted the compensation in favour of the respondent No.1/claimant as under: Loss of dependency (7644x12x18) : Rs.16,51,104/For Medicines and Treatment : Rs.2,39,100/Loss of Love and Affection : Rs.75,000/For funeral expenses : Rs.10,000/Loss of Estate : Rs.10,000/______________________________________________ Total : Rs. 19,85,204/(Rupees Nineteen Lacs Eighty five thousand and two hundred four only) 2. Learned counsel appearing on behalf of the appellants has submitted that indisputably the decease...
Vaishnavi Verma Vs. Central Board of Secondary Education and anr
Court: Delhi
Decided on: Jul-19-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:19. 07.2013 W.P.(C) 4378/2013 ASHWANI KUMAR ..... Petitioner Through:Mr.Ashutosh Dubey with Ms.Vriti Anand and Mr.Abhishek Chauhan, Advocates. versus CENTRAL BOARD OF SECONDARY EDUCATION (CBSE) & ORS. ..... Respondents Through: Ms.Ritika Nagpal with Mr.Amit Bansal Advocates for the respondent/CBSE. Mr.J.S.Rupal, Advocate for the respondent/ University of Delhi. Mr.Roshan Lal Goel, Advocate for respondent No.3/UOI. + W.P.(C) 4511/2013 VAISHNAVI VERMA ..... Petitioner Through:Mr.J.P.Sengh, Senior Advocate with Mr.Rishi Sehgal, Mr.Amit Khemka, Mr.Sumeet Batra and Ms.Ankita Gupta, Advocates versus CENTRAL BOARD OF SECONDARY EDUCATION & ANR ..... Respondents Through: Ms.Ritika Nagpal with Mr.Amit Bansal Advocates for the respondent/CBSE. Mr.J.S.Rupal, Advocate for the respondent/ University of Delhi. CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) The petitioners before this Court appeared in National Eligibility...
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