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Delhi Court July 2013 Judgments

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Jul 31 2013

Sant Ram @ Sadhu Ram Vs. the State

Court: Delhi

Decided on: Jul-31-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:4. h July, 2013 Pronounced on:31. t July, 2013 + CRL.A. 877/2010 SANT RAM @ SADHU RAM ..... Appellant Through : Ms.Saahila Lamba, Advocate versus THE STATE Through : ..... Respondent Ms.Richa Kapoor, Additional Public Prosecutor CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE G.P. MITTAL JUDGMENT G. P. MITTAL, J.1. The appellant (Sant Ram) impugns judgment dated 03.04.2010 and order on sentence dated 24.04.2010 in Sessions Case No.1026/2009 whereby the appellant was convicted for an offence punishable under Section 376 and Section 506 IPC and was sentenced to undergo imprisonment for life for the offence punishable under Section 376 IPC and RI for two years for the offence punishable under Section 506 IPC. A fine of `2 lakh for the offence punishable under Section 376 IPC and `1,000/- for the offence punishable under Section 506 IPC was also imposed on the appellant. In default of payment of fine, the appellant was senten...


Jul 31 2013

Manvendra Singh Rawat Vs. Union of India and ors.

Court: Delhi

Decided on: Jul-31-2013

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.99/2012 Date of decision:31. t July, 2013 % MANVENDRA SINGH RAWAT Through ..... Petitioner Mr.Dheeraj Kumar Nayal, Adv. versus UNION OF INDIA & ORS. Through ..... Respondents Mr.Prasouk Jain, Adv. CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MS. JUSTICE DEEPA SHARMA GITA MITTAL, J (ORAL) 1. While serving as an Assistant Engineer (E & M) with the Field Workshop of the General Reserve Engineer Force (GREF) of the Border Security Force (BSF), the petitioner in the instant case sent a letter dated 17th August, 2010 to the Secretary of the Border Road Development Board (BRDB) submitting that he had decided to take voluntary retirement from service w.e.f. 1st December, 2010 (FN). The petitioner stated in this application that he was giving three months notice of voluntary retirement commencing from 1st September, 2010.2. It is claimed that the petitioner withdrew this letter by a communication dated 23rd November, 2010. In the prese...


Jul 31 2013

M/S Tata Sons Ltd Vs. Workmen and anr

Court: Delhi

Decided on: Jul-31-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Order reserved on: % + 15. 04 .2013 Order delivered on:31. 07.2013 W.P.(C) 1323/2010 M/S TATA SONS LTD ..... Petitioner Mr.Sanjay Ghose , Advocate. Through: Versus WORKMEN & ANR Through: ..... Respondents Mr. Sudhir Kathpalia, Advocate for R1. Mr. Atul T.N., Advocate for R2. CORAM: HONBLE MR. JUSTICE VIPIN SANGHI ORDER VIPIN SANGHI, J.C.M.Appln. Nos. 4503/2012 & 10318/2012 1. The first application has been preferred under Section 17 B of Industrial Disputes Act, 1947(The Act) by the widow and son of Late Shri Attar Singh (respondent no 1C), Widow of Late Shri Ramesh Chand (respondent no 1E), Shri Suraj Kumar(Respondent No 1A), Shri Bir Singh (Respondent No 1B), and Shri Sunil Kumar (Respondent No 1D).2. The petitioner has filed the writ petition to challenge the award dated 24.09.2009 passed by the Ld. Presiding Officer, Industrial Tribunal No. II in Industrial Dispute no 330/2001, whereby termination of the respondentworkmen has been held to b...


Jul 31 2013

Shri V.K. Singh Vs. Union of India and anr.

Court: Delhi

Decided on: Jul-31-2013

* + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) No.4824/2013 31st July, 2013 % SHRI V.K. SINGH Through: ..... Petitioner Mr. Ajit Kumar Sinha, Senior Advocate with Mr. Ashwarya Sinha, Advocate. versus UNION OF INDIA & ANR. Through: ..... Respondents Mr. Sachin Dutta, CGSC with Ms. Ritika Jhurani, Advocate. CORAM: HON'BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) C.M. No.10947/2013 (exemption) Exemption allowed subject to just exceptions. C.M. stands disposed of. + W.P.(C) No.4824/2013 and C.M. No.10948/2013 (directions) 1. In this writ petition, petitioner claims the only one relief of permitting him to continue as the Chairman-cum-Managing Director of Northern Coalfields Limited till the date of his superannuation in September, 2014 allegedly because of prevalent practice.2. Admittedly, the petitioner was appointed in terms of the appointment letter dated 30.12.2008 as per which the tenure of the appointment of the petitioner was ...


Jul 31 2013

Radhey Shyam Vs. the Union of India and anr.

Court: Delhi

Decided on: Jul-31-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % W.P.(C) No. 6003/2012 31st July, 2013 RADHEY SHYAM ......Petitioner Mr. Arun Kumar Srivastava and Mr. Sanjay Verma, Adv. Through: VERSUS THE UNION OF INDIA & ANR. Through: ...... Respondents Mr. Jagat Arora, Adv. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? Yes VALMIKI J.MEHTA, J (ORAL) 1. The petitioner-Sh. Radhey Shyam through this writ petition seeks directions to the respondent no.2/employer/corporation bank to give him the benefit of 1995 pension scheme.2. The case of the petitioner is that the respondent no.2/employer is discriminating against the two sets of similarly situated employees merely by giving them separate dates of joining with the respondent no.3 although all the persons who have joined are appointed as probationary Clerks under the same recruitment process. W.P(C)6003/2012 Reference is invited to the letter of Page 1 of 5 appointment of one Sh. Sumit Panchal dated 15.3.2010 giving the ...


Jul 31 2013

Asha Rani Vs. Ministry of Health and Family Welfare and ors.

Court: Delhi

Decided on: Jul-31-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No. 2308/2012 & W.P.(C) No. 11581/2009 31st July, 2013 % W.P.(C) No. 2308/2012 DR. R. UMA Through: ......Petitioners Mr. Zeyaul Haque, Advocate. VERSUS MINISTRY OF HEALTH AND FAMILY WELFARE & ORS. ...... Respondents Through: Dr. Prabhat Kumar and Ms. Prerna Kumari, Advocates for R-2 and 3. Mr. D. Rajeshwar Rao and Mr. Gautam and Mr. Chanranjeet Singh, Advocates for R-4. AND W.P.(C) No. 11581/2009 . Petitioner ASHA RANI Through: Mr. Zeyaul Haque, Advocate. VERSUS MINISTRY OF HEALTH AND FAMILY WELFARE & ORS. Respondents Through: W.P(C)2308/2012 & W.P.(C) 11581/09 Vikram Aditya and Mr. Narayan, Adv. for Mr. Sachin Datta, CGSC for R-1. Page 1 of 5 Ms. Sana Ansari, Adv. for Ms. Zubeda Begum, Adv. for R-1. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. This writ petition is filed by Dr. R.Uma impugning the demand letter dated 18.2.2012 issued by the respondent no.4/employer wher...


Jul 31 2013

The Commissioner of Income Tax-xvi Vs. Sh. Mohan Rai

Court: Delhi

Decided on: Jul-31-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:08. 07.2013 Decided on:31. 07.2013 + ITA 379/2007 THE COMMISSIONER OF INCOME TAX XVI ....Appellant versus SH. SASHI MUKUNDAN ..... Respondent + ITA 387/2008 THE COMMISSIONER OF INCOME TAX XVI ...Appellant versus MR. SHORT DONALD ..... Respondent + ITA 212/2009 THE COMMISSIONER OF INCOME TAX versus MR. FUMIO GOTO ...Appellant ..... Respondent + ITA 15/2010 THE COMMISSIONER OF INCOME TAX-XIV .....Appellant versus MR. DUNCAN ETHERINGTION ..... Respondent + ITA 351/2010 THE COMMISSIONER OF INCOME TAX-XVI ..... Appellant versus SH. YASHIMITSU ZAUTSU ..... Respondent + ITA 408/2010 THE COMMISSIONER OF INCOME TAX-XVI ..... Appellant versus SH. IKUJU YABUKI ..... Respondent + ITA 450/2010 THE COMMISSIONER OF INCOME TAX-XVI ITA 379/2007 & connected matters ..... Appellant Page 1 versus SHRI TOSHIHORU SUNAHARA ..... Respondent + ITA 534/2010 THE COMMISSIONER OF INCOME TAX-XVI ..... Appellant versus SOJITZ CORPORATION AS AGENT ..... Respondent...


Jul 31 2013

Smt. Prakashi Devi Vs. M/S Mahabir Steel Rolling Mills and ors.

Court: Delhi

Decided on: Jul-31-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Order delivered on: July 31, 2013 + C.R.P. 137/2013 SMT. PRAKASHI DEVI Through ..... Petitioner Mr.Hari Prakash, Adv. versus M/S MAHABIR STEEL ROLLING MILLS & ORS. ..... Respondents Through None. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.(Oral) CM No.11665/2013 Exemption allowed, subject to all just exceptions. The application is disposed of. C.R.P. 137/2013, CM Nos.11666/2013 and 11667/2013 1. The petitioner has filed the present revision petition under Section 115 of the CPC for setting aside the order dated 25th September, 2012 whereby the application of the petitioner under Order XLI Rule 27 CPC in RCA No.134/2009 was dismissed. The said appeal was filed against the judgment and decree dated 24th September, 2009 passed by the trial court.2. The case of the petitioner is that in the said appeal the petitioner filed the said application stating that the petitioner was a 75 years old illiterate lady and she had taken the pl...


Jul 31 2013

The Commissioner of Income Tax Xvi Vs. Mr. Short Donald

Court: Delhi

Decided on: Jul-31-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:08. 07.2013 Decided on:31. 07.2013 + ITA 379/2007 THE COMMISSIONER OF INCOME TAX XVI ....Appellant versus SH. SASHI MUKUNDAN ..... Respondent + ITA 387/2008 THE COMMISSIONER OF INCOME TAX XVI ...Appellant versus MR. SHORT DONALD ..... Respondent + ITA 212/2009 THE COMMISSIONER OF INCOME TAX versus MR. FUMIO GOTO ...Appellant ..... Respondent + ITA 15/2010 THE COMMISSIONER OF INCOME TAX-XIV .....Appellant versus MR. DUNCAN ETHERINGTION ..... Respondent + ITA 351/2010 THE COMMISSIONER OF INCOME TAX-XVI ..... Appellant versus SH. YASHIMITSU ZAUTSU ..... Respondent + ITA 408/2010 THE COMMISSIONER OF INCOME TAX-XVI ..... Appellant versus SH. IKUJU YABUKI ..... Respondent + ITA 450/2010 THE COMMISSIONER OF INCOME TAX-XVI ITA 379/2007 & connected matters ..... Appellant Page 1 versus SHRI TOSHIHORU SUNAHARA ..... Respondent + ITA 534/2010 THE COMMISSIONER OF INCOME TAX-XVI ..... Appellant versus SOJITZ CORPORATION AS AGENT ..... Respondent...


Jul 31 2013

Select Vacations Pvt Ltd Vs. Income Tax Officer and anr

Court: Delhi

Decided on: Jul-31-2013

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:31. t July, 2013 + W.P.(C) 7974/2012 SELECT VACATIONS PVT LTD ..... Petitioner Through Mr. Ajay Vohra and Ms. Kavita Jha, Advocates. versus INCOME TAX OFFICER AND ANR ..... Respondent Through Mr. N.P. Sahni, Sr. Standing Counsel. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SANJEEV SACHDEVA SANJIV KHANNA, J.(ORAL) 1. The petitioner has impugned the re-assessment notice dated 29th March, 2012 issued under Section 148 of the Income Tax Act, 1961 (Act, for short). The notice relates to the assessment year 2006-07.2. The reasons recorded by the Assessing Officer for issue of notice as postulated and required by Section 147 read with Section 151 of the Act read as under:The assessment of M/s Select Vacations Pvt. Ltd. for the assessment year 2006-07 was completed after scrutiny in December 2008 determining a loss of Rs.44,28,400/-. Audit scrutiny revealed that the assessee has shown total income of Rs.52,36,040/wh...


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