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Delhi Court August 2013 Judgments

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Aug 21 2013

Vishal Pannu Vs. University of Delhi and Another

Court: Delhi

Decided on: Aug-21-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision:21. 08.2013 + W.P.(C) 5051/2013 VISHAL MAINA @ A.A. VISHAL CHAUDHARY ..... Petitioner Through: Mr Rajeshwer Kumar Gupta, Mr Ashok Mahajan and Ms Sumati Sharma, Advs. versus UNIVERSITY OF DELHI & ANOTHER ..... Respondent Through: Mr Mohinder J.S. Rupal, Adv for R-1 and Mr Naresh C. Sharma, Adv for R-2 (Rajdhani College) + W.P.(C) 5071/2013 VISHAL PANNU ..... Petitioner Through: Mr Rajeshwer Kumar Gupta, Mr Ashok Mahajan and Ms Sumati Sharma, Advs. Versus UNIVERSITY OF DELHI & ANOTHER ..... Respondent Through: Mr Mohinder J.S. Rupal, Adv for R-1 and Mr Naresh C. Sharma, Adv for R-2 (Rajdhani College) CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) CM No. 11387/2013 (Exemption) in WP.(C) No. 5051/2013 and CM No. 11431/2013 in W.P.(C)5071/2013 Exemption allowed, subject to just exceptions. The applications stand disposed of. WP.(C) Nos. 5051/2013 and CM No. 11386/2013 (directions to respondent No. 2 to expedite th...


Aug 21 2013

Col.(Retd.)dalip Singh Sachar Vs. Maa Karni Coal Carriers (P) Ltd and ...

Court: Delhi

Decided on: Aug-21-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:8. h August, 2013 Date of Decision:21st August, 2013 % + CCP(CO.) 25/2005 & Co.Appl.1545/2005 COL.(RETD.)DALIP SINGH SACHAR ..... Petitioner Through Petitioner in person versus MAA KARNI COAL CARRIERS (P) LTD & ANR...Respondent Through Mr Arvind Sharma, Adv. CORAM: MR. JUSTICE R.V. EASWAR R.V. EASWAR, J.: This contempt petition has been filed by Col.(Retd.) Dalip Singh Sachar complaining of violation by the respondents of the directions issued by the Company Judge in his order dated 31.5.2005 passed in Company Appeal (SB) Nos.2 & 6 of 2005.2. The brief facts leading up to the filing of the present petition are these. The petitioner and the respondent No.2 were directors of the respondent No.1 company. The petitioner filed a petition before the Company Law Board under sections 397 and 398 of the Companies Act, 1956 complaining of acts of oppression and mismanagement. The CLB disposed of the petition by order dated 28.12.2004. Both th...


Aug 21 2013

Vishal Maina @ A.A. Vishal Chaudhary Vs. University of Delhi and Anoth ...

Court: Delhi

Decided on: Aug-21-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision:21. 08.2013 + W.P.(C) 5051/2013 VISHAL MAINA @ A.A. VISHAL CHAUDHARY ..... Petitioner Through: Mr Rajeshwer Kumar Gupta, Mr Ashok Mahajan and Ms Sumati Sharma, Advs. versus UNIVERSITY OF DELHI & ANOTHER ..... Respondent Through: Mr Mohinder J.S. Rupal, Adv for R-1 and Mr Naresh C. Sharma, Adv for R-2 (Rajdhani College) + W.P.(C) 5071/2013 VISHAL PANNU ..... Petitioner Through: Mr Rajeshwer Kumar Gupta, Mr Ashok Mahajan and Ms Sumati Sharma, Advs. Versus UNIVERSITY OF DELHI & ANOTHER ..... Respondent Through: Mr Mohinder J.S. Rupal, Adv for R-1 and Mr Naresh C. Sharma, Adv for R-2 (Rajdhani College) CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) CM No. 11387/2013 (Exemption) in WP.(C) No. 5051/2013 and CM No. 11431/2013 in W.P.(C)5071/2013 Exemption allowed, subject to just exceptions. The applications stand disposed of. WP.(C) Nos. 5051/2013 and CM No. 11386/2013 (directions to respondent No. 2 to expedite th...


Aug 21 2013

Johny @ Vikram Vs. State ( Nct of Delhi )

Court: Delhi

Decided on: Aug-21-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :14. h August, 2013 DECIDED ON :21. t August, 2013 + CRL.A.398/2012 JOHNY @ VIKRAM ..... Appellant Through : Mr.Ajay Verma, Advocate. versus STATE ( NCT OF DELHI ) ..... Respondent Through : Mr.M.N.Dudeja, APP for the State. CORAM: MR. JUSTICE S.P.GARG S.P.GARG, J.1. Johny @ Vikram (the appellant) impugns a judgment dated 26.08.2011 of learned Additional Sessions Judge in Sessions Case No.18/2010 arising out of FIR No.112/2010 registered at Police Station Vasant Kunj (N) by which he was convicted under Section 307 IPC. By an order dated 30.08.2011, he was sentenced to undergo Rigorous Imprisonment for seven years with fine `5,000/-.2. Allegations against the appellant were that on 28.03.2010 at about 11.30 P.M. at Kusumpur Pahari he caused injuries to Tinku and Monu with knife with an attempt to murder them. During the course of investigation statements of witnesses conversant with the facts were recorded. The MLCs of the injured pe...


Aug 21 2013

Deepak Kaushik Vs. Govt of Nct of Delhi

Court: Delhi

Decided on: Aug-21-2013

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 488/2003 Date of Decision:21. t August1. 2.3. DEEPAK KAUSHIK ANURAG NITIN JAIN Through: ..... Appellants Mr. Dinesh Kumar Gupta, Advocate. versus GOVT OF NCT OF DELHI Through: ..... Respondent Ms. Fizani Husain, APP for the State. CORAM: HONBLE MS. JUSTICE SUNITA GUPTA JUDGMENT : SUNITA GUPTA, J.1. Challenge in this appeal is to the judgment dated 11.03.2003 and order on sentence dated 13.03.2003 arising out of Session Case No.11/2002 bearing FIR No.166/2000 P.S. Model Town u/s 308/325/34 IPC vide which the appellants were convicted u/s 325/323/34 IPC and were released on probation of good conduct on entering into a bond in the sum of Rs.10,000/- with one surety in the like amount for a period of three years. They were further directed to deposit a sum of Rs.5,000/- each as compensation to the two injured and another sum of Rs.5,000/- each as cost of the proceedings.2. Succinctly stated, case of prosecution is that on 16.03.2000, in...


Aug 21 2013

Kewal Kishan Vs. Delhi Development Authority

Court: Delhi

Decided on: Aug-21-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Order delivered on: August 21, 2013 + CM(M) No.679/2013 & C.M. No.10192/2013 KEWAL KISHAN ..... Petitioner Through Mr.D.S.Vohra, Adv. versus DELHI DEVELOPMENT AUTHORITY ..... Respondent Through Mr.N.N.Aggarwal, Adv. with Mr.Rohit Gandhi & Ms.Manpreet Kaur, Advs. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.(ORAL) 1. The petitioner has filed the present petition under Article 227 of the Constitution of India against the order dated 15 th March, 2013 passed by the learned Civil Judge (West), Tis Hazari, Delhi, in Suit No.744/2006, whereby the petitioner/plaintiffs application under Order VI, Rule 17 read with Section 151 CPC was dismissed.2. The main reason stated in the application for amendment of plaint was that in the month of February, 2012 when the petitioner was undertaking repairs in his ancestral house, he found that his father was also declared asami over the suit land. Therefore, it had become necessary for the petitio...


Aug 21 2013

Commissioner of Income Tax Vs. M/S Prakash Tubes Limited

Court: Delhi

Decided on: Aug-21-2013

$~Part II-B (R-23) * IN THE HIGH COURT OF DELHI AT NEW DELHI + INCOME TAX APPEAL NO. 52/2000 Date of decision:21. t August, 2013 COMMISSIONER OF INCOME TAX ..... Appellant Through Mr. Abhishek Maratha, Sr. Standing Counsel. Versus M/S PRAKASH TUBES LIMITED ..... Respondent Through Mr. Prakash Kumar, Advocate. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SANJEEV SACHDEVA SANJIV KHANNA, J.(ORAL): This appeal by the Revenue under Section 260A of the Income Tax Act, 1961(Act, for short) relates to Assessment Year 1989-90. The following substantial question of law was admitted for hearing vide order dated 30th November, 2000:Whether the Tribunal has correctly interpreted the provisions of Section 115-J so far as mode of computation of income is concerned? 2. The respondent-assessee is a limited company and for the year under consideration it has filed its return declaring income of Rs.91,25,683/- under Section 115-J of the Act. The assessee, however, had claimed that it was ...


Aug 21 2013

Siddharth Pratap Chand Vs. C.W.T.

Court: Delhi

Decided on: Aug-21-2013

$~R-6E * IN THE HIGH COURT OF DELHI AT NEW DELHI + WTR NO. 3-13/2001 Date of decision:21. t August, 2013 SIDDHARTH PRATAP CHAND ..... Appellant Through Mr. Anoop Sharma, Advocate. versus C.W.T. Through Counsel. ..... Respondent Mr. Sanjeev Rajpal, Sr. Standing CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SANJEEV SACHDEVA SANJIV KHANNA, J.(ORAL):1. On reference being made under Section 27(3) of the Wealth Tax Act, 1957, Income Tax Appellate Tribunal has referred the following questions of law:a) Whether the Tribunal did not err in law in not accepting the claim of the assessee that 1/3 rd share in the property No.6, Aurengzeb Road continuing to be in self occupation of the assessee, even after the collaboration agreement dated 2.5.84 with M/s Ansal Properties and Industries Ltd. was to be valued at Rs.2,03,334/as returned on the valuation date in accordance with the provisions of sec. 7(4) of the W.T. Act, 1957? b) (i) Whether the Tribunal did not err in law in holding t...


Aug 21 2013

Woodward Governor India Ltd. Vs. Commissioner of Income Tax

Court: Delhi

Decided on: Aug-21-2013

$~28 & 29. *IN THE HIGH COURT OF DELHI AT NEW DELHI + INCOME TAX APPEAL NOS.108/2012 & 109/2012 (Assessment Year:2006. 07) Date of decision:21. t August, 2013 WOODWARD GOVERNOR INDIA LTD. ..... Appellant Through Dr. Rakesh Gupta, Ms. Rani Kiyala & Mr. Rishabh Kapoor, Advocates. versus COMMISSIONER OF INCOME TAX ..... Respondent Through Mr. Amol Sinha, Sr. Standing Counsel & Mr. Rahul Kochar, Advocate. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SANJEEV SACHDEVA SANJIV KHANNA, J.(ORAL): Having heard counsel for the parties, the following substantial question of law is framed:Whether the Income Tax Appellate Tribunal was justified in disallowing actual warranty expenses of Rs.12,53,441/- and Rs.48,54,522/on account of provision for warranty? 2. Learned counsel for the parties have addressed arguments as a short issue is involved and is covered by an earlier decision of this Court in Commissioner of Income Tax versus Woodward Governor India Limited, 2010 (321) ITR 14.(Del...


Aug 21 2013

Brij Mohan Lal JaIn and anr. Vs. Union of India and ors.

Court: Delhi

Decided on: Aug-21-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:21. 08.2013 + W.P.(C) 4732/2013, C.M. APPL. 10802/2013 (for stay) BRIJ MOHAN LAL JAIN & ANR. ..... Petitioners Through : Sh. T.N. Singh and Sh. H.L. Srivastava, Advocates. Versus UNION OF INDIA & OTHERS ..... Respondents Through : Sh. Ajay Verma, Advocate, for DDA. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) % C.M. APPL. 10803/2013 (for exemption) Allowed, subject to all just exceptions. W.P.(C) 4732/2013, C.M. APPL. 10802/2013 (for stay) 1. The present writ petition questions the land acquisition proceedings, culminating in a notification issued by the respondent Government of NCT of Delhi, dated 27.10.1999 in respect of the petitioners lands. W.P.(C)4732/2013 Pag2. The facts are that the Respondents issued Notification no. F-10(29)/96/L&B/LA/11394 under Section 4(1) of the Land Acquisition Act (hereafter the Act) on 27.10.1999, to acquire lands (includ...


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