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Delhi Court January 2014 Judgments

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Jan 22 2014 (HC)

Commissioner of Income Tax-iii Vs. Sunrise Tooling System Pvt. Ltd.

Court: Delhi

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Decided on:22. 01.2014 + ITA3992013 COMMISSIONER OF INCOME TAX-III ..... Appellant Through: Mr. Rohit Madan, Sr. Standing Counsel. versus SUNRISE TOOLING SYSTEM PVT. LTD. ..... Respondent Through: None. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.V. EASWAR MR. JUSTICE S.RAVINDRA BHAT (OPEN COURT) % 1. The Revenue claims to be aggrieved by an order of the Income Tax Appellate Tribunal (ITAT) dated 30.11.2011 in ITA No.3136/Del/2010. It is urged that the findings of the ITAT in the facts and circumstances of the case are perverse. The Revenue seeks to urge that the Tribunal fell into error in not taking into consideration the statement of Sh. D.K. Jain, a director of the assessee. During the course of that statement, the ITA3992013 Page 1 said partner had alleged that the sum of `43,34,496/- claimed to be part of the purchase transactions, in fact, were bogus and that the assessee firm had shown that such amounts were...

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Jan 22 2014 (HC)

M/S Moser Baer Photo Voltaic Ltd Vs. M/S Mas Project Engineers Pvt Ltd

Court: Delhi

$~ 14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 883/2012 % Judgment dated 22.01.2014 M/S MOSER BAER PHOTO VOLTAIC LTD ..... Plaintiff Through: Mr.Nishant Datta and Ms.Garima, Advs versus M/S MAS PROJECT ENGINEERS PVT LTD Through: None. ..... Defendant CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J (ORAL) 1. Plaintiff has filed the present suit under Order 37 CPC for recovery of the amount of Rs.20,13,218/-.2. After service of summons on the prescribed form the defendant did not file Memo of Appearance, although a counsel appeared in court on 25.5.2012, 31.5.2012 and 21.1.2013. No vakalatnama has been filed by the counsel for the defendant. Counsel for the plaintiff submits that being a suit under Order 37 CPC and in the absence of the defendant filing his memo of appearance, the plaintiff is entitled to a decree.3. As per the plaint, the defendant had placed an order on the plaintiff for supply of photovoltaic Solar Panels (hereinafter referred to as the goods) vide pur...

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Jan 22 2014 (HC)

B.R. Ambedkar Institute of Dental Sciences and Hos Vs. Union of India ...

Court: Delhi

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:22. d January, 2014 % + LPA6972013 B.R. AMBEDKAR INSTITUTE OF DENTAL SCIENCES AND HOSPITAL & ANR ..... Appellants Through: Mr. Sunil Gupta, Sr. Adv. with Mr. Avneesh Garg and Ms. Kanika Sharma, Advocates. Versus UNION OF INDIA & ORS Through: ..... Respondents Mr. Amrit Pal Singh and Mr. Rupinder Pal, Advocates for R-1, 2, 3 & 7. Mr. Gaurav Sharma and Mr. Kapil Midha, Advocates for R-4 to 6. CORAM :HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW1 This intra Court appeal impugns the judgment dated 1st August, 2013 of the learned Single Judge of this Court of dismissal of W.P.(C) No.3257/2013 filed by the two appellants. Notice of the appeal was issued. We have heard the learned senior counsel for the appellants and the counsel for the respondents no.4 to 6 being the Dental Council of India (DCI) and its Secretary and the Secretary in Charge.2. The writ petition from which this appeal arises was filed by the appellan...

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Jan 22 2014 (HC)

imran @ Pehlwan Vs. State (Nct of Delhi)

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :21. t JANUARY, 2014 DECIDED ON :22. d JANUARY, 2014 + CRL.A. 1324/2011 IMRAN @ PEHLWAN Through : ..... Appellant Mr.R.P.Luthra, Advocate with Mr.Sourabh Luthra, Advocate. versus STATE (NCT OF DELHI) Through : ..... Respondent Mr.M.N.Dudeja, APP. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. Imran @ Pehlwan (the appellant) impugns a judgment dated 19.08.2011 in Sessions Case No.3/10 arising out of FIR No.329/2009 PS Seemapuri by which he was convicted for committing offence punishable under Section 307 IPC. By an order on sentence dated 01.09.2011, he was awarded RI for seven years with fine ` 5,000/-.2. Allegations against the appellant were that on 25.09.2009 at about 09.40 P.M. at road No.62, New Indira Market, Old Seemapuri, he and his associate in furtherance of common intention fired three rounds in an attempt to murder Jasvinder. During the course of investigation, Imran @ Pehlwan was apprehended and arrested in case FIR...

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Jan 22 2014 (HC)

Sudha Mittal Vs. Securities and Exchange Board of India (Sebi) and anr ...

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on 20.01.2014 Date of Decision:22. 01.2014 % + CRL. A. No.329 of 2010 SHALENDER KAUSHIK Through: ..... Appellant Mr. Pankaj Kumar, Adv. versus SECURITIES & EXCHANGE BOARD OF INDIA (SEBI) & ANR. ..... Respondents Through: Mr. Sanjay Mann & Mr. P.K. Pillai, Advs. for R-1/SEBI. + CRL. A. No.330 of 2010 BRIJINDER MAKKAR Through: ..... Appellant Mr. Pankaj Kumar, Adv. versus SECURITIES & EXCHANGE BOARD OF INDIA (SEBI) & ANR. ..... Respondents Through: Mr. Sanjay Mann & Mr. P.K. Pillai, Advs. for R-1/SEBI. + CRL. A. No.331 of 2010 S.P. KALIA Through: ..... Appellant Mr. Pankaj Kumar, Adv. versus SECURITIES & EXCHANGE BOARD OF INDIA (SEBI) & ANR. ..... Respondents Through: Mr. Sanjay Mann & Mr. P.K. Pillai, Advs. for R-1/SEBI. + CRL. A. No.332 of 2010 MANOJ KAPUR ..... Appellant Mr. Pankaj Kumar, Adv. Through: versus SECURITIES & EXCHANGE BOARD OF INDIA (SEBI) & ANR. ..... Respondents Through: Mr. Sanjay Mann & Mr. P.K. Pillai, Advs. for R-1/...

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Jan 22 2014 (HC)

Smt. Satya Khurana Vs. Saminder Singh Reen

Court: Delhi

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: January 22, 2014 + RFA(OS) 21/2014 SMT SATYA KHURANA Represented by: ..... Appellant Mr.Vinay Garg, Advocate with Mr.L.S.Solanki, Advocate versus SAMINDER SINGH REEN Represented by: ..... Respondent Mr.Kamlesh Mahajan, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE JAYANT NATH PRADEEP NANDRAJOG, J.(Oral) Caveat No.68/2014 Since the counsel as above appears for the respondent/caveator, the caveat stands discharged. CM No.1298/2014 For the reasons stated in the application, the delay of 376 days in filing the appeal is condoned. The application stands disposed of. CM No.1299/2014 Allowed subject to just exceptions. RFA (OS) No.21/2014 1. Heard learned counsel for the parties. Record of the suit which has been sent along with the appeal has been considered.2. The appellant has suffered an ex-parte decree on September 26, 2012.3. The respondent/plaintiff proved at the trial that he purchased the n...

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Jan 22 2014 (HC)

Kp Ramakrishnan and ors. Vs. Bhagwan Das Kalra Decd. Thr Lrs and ors.

Court: Delhi

.* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment pronounced on: January 22, 2014 + CM(M) 498/2012 & C.M. No.7589/2012 KP RAMAKRISHNAN & ORS ..... Petitioners Through Ms.Amrita Sanghi, Adv. with Mr.Gaurav Gupta, Mr.Vadivelu Deenadayalan & Mr.Aashish, Advs. versus BHAGWAN DAS KALRA DECD THR LRS & ORS ..... Respondents Through Mr.Sanjiv Bahl, Adv. with Mr.Vikrant Arora & Mr.Eklavya Bahl, Advs. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. By way of the present petition under Article 227 of the Constitution of India, the petitioners have assailed order dated 10th February, 2012 passed by learned Appellate Court in an appeal filed by the petitioners against the eviction order dated 25th March, 2011 in respect of a shop bearing No.32/1 (private no.1) forming part of property No.32, East of Kailash, Community Centre, New Delhi (hereinafter referred to as the tenanted shop).2. An eviction petition was filed by the respondents against the petitioners on the grounds of non-...

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Jan 22 2014 (HC)

Vipan Kumar Vs. Simmi Gaba and anr.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment pronounced on: January 22, 2014 + RC.REV. 275/2013 & CM NO.11668/2013 VIPAN KUMAR Through ..... Petitioner Mr.B.P. Dhalla, Adv. versus SIMMI GABA & ANR Through ..... Respondents Mr.J.P. Sengh, Sr. Adv. with Mr.Mukesh Anand and Ms.Ankita Gupta, Advs. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The petitioner by way of the present petition under Section 25B(8) of Delhi Rent Control Act, 1958 (hereinafter referred to as the Act) has assailed the eviction order dated 22nd April, 2013 passed by Additional Rent Controller, East, Karkardooma Courts, Delhi.2. Brief facts of the case are that the respondents filed an eviction petition against the petitioner in respect of premises bearing No.B-20/21, East Krishna Nagar, Delhi-110051 (hereinafter referred to as the tenanted shop) which was let out to the petitioner at a monthly rent of ` 1,000/- and wherein the petitioner was doing the business of Auto Mobile.3. It was stated...

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Jan 22 2014 (HC)

Shalender Kaushik Vs. Securities and Exchange Board of India (Sebi) an ...

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on 20.01.2014 Date of Decision:22. 01.2014 % + CRL. A. No.329 of 2010 SHALENDER KAUSHIK Through: ..... Appellant Mr. Pankaj Kumar, Adv. versus SECURITIES & EXCHANGE BOARD OF INDIA (SEBI) & ANR. ..... Respondents Through: Mr. Sanjay Mann & Mr. P.K. Pillai, Advs. for R-1/SEBI. + CRL. A. No.330 of 2010 BRIJINDER MAKKAR Through: ..... Appellant Mr. Pankaj Kumar, Adv. versus SECURITIES & EXCHANGE BOARD OF INDIA (SEBI) & ANR. ..... Respondents Through: Mr. Sanjay Mann & Mr. P.K. Pillai, Advs. for R-1/SEBI. + CRL. A. No.331 of 2010 S.P. KALIA Through: ..... Appellant Mr. Pankaj Kumar, Adv. versus SECURITIES & EXCHANGE BOARD OF INDIA (SEBI) & ANR. ..... Respondents Through: Mr. Sanjay Mann & Mr. P.K. Pillai, Advs. for R-1/SEBI. + CRL. A. No.332 of 2010 MANOJ KAPUR ..... Appellant Mr. Pankaj Kumar, Adv. Through: versus SECURITIES & EXCHANGE BOARD OF INDIA (SEBI) & ANR. ..... Respondents Through: Mr. Sanjay Mann & Mr. P.K. Pillai, Advs. for R-1/...

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Jan 22 2014 (HC)

Ashok Kumar Jhamb Vs. Union of India and ors

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:22. 01.2014 W.P.(C) 480/2014 and CM No.944/2014 (for interim relief) ASHOK KUMAR JHAMB ..... PETITIONER VERSUS UNION OF INDIA & ORS ..... RESPONDENTS ADVOCATES WHO APPEARED IN THIS CASE: For the Petitioner: Mr. Vineet Bhagat and Mr. Tarveen Singh Nanda, Advocates For the Respondents: Mr. B.V. Niren, CGSC and Ms. H. Hnunpuii, Advocate for R-1 CORAM :HON'BLE MR JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J1 The petitioner has filed the present writ petition to claim broadly the following reliefs : (i). Direct Ministry of Water Resources (MOWR) / PESB / NPCC to extend his services or the date of retirement upto the age of 65 years. (ii). Release a sum of Rs.5.40 Lakhs as arrears towards incentives (iii). Costs by way of compensation for discontinuing his services on malafide grounds.2. It is claimed by the petitioner that he has been responsible for turning around respondent no.4 i.e., National Projects Construction Corporatio...

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