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Delhi Court November 2014 Judgments

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Nov 26 2014

Commissioner of Income Tax Circle ??? Ii Vs. M/S Ankit Garments Manufa ...

Court: Delhi

Decided on: Nov-26-2014

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:26. h November, 2014 + ITA5112013 COMMISSIONER OF INCOME TAX CIRCLE II..Appellant Through Ms. Suruchi Aggarwal, Sr. Standing Counsel. versus M/S ANKIT GARMENTS MANUFACTURING CO. .... Respondent Through Mr. Ved Jain and Mr. Pranjal Srivastava, Advocates. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE V. KAMESWAR RAO SANJIV KHANNA, J.(ORAL) The present appeal by the Revenue under Section 260A of the Income Tax Act, 1961 (Act, for short) relates to assessment year 2008-09 and impugns the findings recorded by the Income Tax Appellate Tribunal (Tribunal, for short) in their order dated 26th March, 2013. Findings recorded in the said order are primarily factual and it has been observed that the assessee had submitted copies of accounts duly confirmed by all trade creditors and debtors, whose balances were in excess of Rs.1 lac at the closing date of the year under consideration. The Tribunal accordingly set aside ...


Nov 26 2014

Jasmeet Kaur Talwar and Anr. Vs. Gurjit Singh Talwar

Court: Delhi

Decided on: Nov-26-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on:26. h November, 2014 + I.P.A. No.67/ 2013 JASMEET KAUR TALWAR AND ANR. Through: ..... Petitioners Mr. Prabhjit Jauhar, Advocate and Ms. Anupama, Advocate. versus GURJIT SINGH TALWAR Through: ..... Respondent Mr. Y.P. Narula, Senior Advocate with Mr. Vishal Singh, Advocate and Ms. Jyoti Kataria, Advocate. CORAM: HON'BLE MR. JUSTICE G.P. MITTAL I.A. No.11050/ 2014 (u/s. 20 (3) of Hindu Adoptions and Maintenance Act, 1956 r/w Section 151 CPC) in I.P.A. No.67/ 2013 1. This suit (in the form of a Petition as an indigent person) has been filed by the two Petitioners; Petitioner No.1 is the wife and Petitioner No.2 is the daughter of the Respondent.2. In the main petition, maintenance on account of Respondents cruelty and neglect to maintain the Petitioners has been claimed. It is averred that Petitioner No.1 was married to the Respondent on 31.10.1982. A daughter i.e. Petitioner No.2 and a son were born to Petitioner No.1 from the loins...


Nov 26 2014

Jitender Kumar Pahwa Vs. Usha Kiran Pahwa

Court: Delhi

Decided on: Nov-26-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: November 26, 2014 + FAO No.295/2002 JITENDER KUMAR PAHWA ..... Petitioner Through: Mr. Faisal Zafar, Advocate with petitioner-in-person versus USHA KIRAN PAHWA Through: ..... Respondent Mr. K.R.Chawla, Advocate with respondent-in-person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Appellant-husband is aggrieved by impugned judgment of 4th April, 2002 vide which appellants petition for divorce on the ground of cruelty and desertion has been dismissed. The factual background of this case already stands noted in impugned judgment and needs no reiteration. Suffice it would be to note that the parties were married on 8 th October, 1990 and as per appellant, respondent-wife had deserted him in July, 1992. The appellants petition under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights filed in July, 1992 was withdrawn in December, 1995 as the efforts for reconciliation of matrimonial dispute betw...


Nov 26 2014

Surender @ Jeetu Vs. the State (Govt. of Nct of Delhi)

Court: Delhi

Decided on: Nov-26-2014

IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:19. h November, 2014 Delivered on:26. h November, 2014 CRL.A. No.664 of 2008 DEEPAK @ D.K. ..... Appellant Through: Mr. R.N. Sharma, Advocate with Appellant in person. versus THE STATE (GOVT. OF NCT OF DELHI) Through: ..... Respondent Ms. Isha Khanna, APP WITH CRL.A. No.665 of 2008 KAPIL @ DAYAL ..... Appellant Through: Mr. R.N. Sharma, Advocate with Appellant in person. versus THE STATE (GOVT. OF NCT OF DELHI) ..... Respondent Through: Ms. Isha Khanna, APP. AND CRL.A. No.806 of 2008 SURENDER @ JEETU Through: ..... Appellant Mr. Mukul Sharma with Mr. Ramesh K. Sharma, Advocate with Appellant in person. versus THE STATE (GOVT. OF NCT OF DELHI) ..... Respondent Through: Ms. Isha Khanna, APP CORAM: JUSTICE S. MURALIDHAR JUDGMENT2611.2014 1. These three appeals are directed against the impugned judgment dated 23rd July 2008 passed by the learned Additional Sessions Judge (SJ) in SC No.83 of 2006 holding the Appellants guilty of the offenc...


Nov 26 2014

Manoj Gupta and Ors Vs. State of Delhi and Anr

Court: Delhi

Decided on: Nov-26-2014

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5385/2014 MANOJ GUPTA & ORS ..... Petitioners Through: Mr. Hitender Sakkarwal & Mr. Sindhu, Advocates with petitioners in person versus STATE OF DELHI & ANR ..... Respondents Through: Ms. Nishi Jain, APP for State with SI Neeraj Kumar, PS Mandawali Mr. Sujeet Kumar, Adv. for R-2 with R-2 in person CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % SUDERSHAN KUMAR MISRA, J.(ORAL) CRL.M.A. 18358/2014 Exemption, as prayed for, is allowed, subject to all just exceptions. The application stands disposed off. CRL.M.C. 5385/2014 1. This petition has been moved under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No.114/2010 registered under Section 498A/406/34 IPC at Police Station Mandawali on 17.03.2010, on the ground that the matter has been settled between the parties 2. Issue notice.3. Counsel for the State, as well as counsel for the second respondent/complainant, enter appearance and accept notice. ...


Nov 26 2014

State Vs. Sonu Kumar Yadav

Court: Delhi

Decided on: Nov-26-2014

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision :26. h November, 2014 % + CRL.L.P. 76/2014 STATE Through : ..... Petitioner Mr.Rajesh Mahajan, ASC for the State with Ms.Shinjan Jain, Adv. and SI Alok Kumar Rajan, PS Sarai Rohilla. versus SONU KUMAR YADAV Through : ..... Respondent None. CORAM: HON'BLE MS. JUSTICE PRATIBHA RANI PRATIBHA RANI, J.(ORAL) 1. The State is seeking leave to appeal impugning the judgment dated 26.10.2013 passed by learned Addl. Session Judge in Session Case No.151/2013 whereby the Respondent Sonu Kumar Yadav was acquitted of the charges under Section 354-A/363 IPC and Section 8 of POCSO Act.2. The grievance of the State is that from the statement of the child victim (PW-4) as well as the Complainant (PW-1), the Prosecution has been able to prove its case against the Respondent/Accused beyond reasonable doubt. However, learned Trial Court has failed to appreciate their testimony in correct perspective and acquitted the Respondent on non-existent ...


Nov 26 2014

Punjab National Bank Vs. Sh. Gian Prakash and Ors.

Court: Delhi

Decided on: Nov-26-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1051/2014 26th November, 2014 % PUNJAB NATIONAL BANK Through: ......Petitioner Mr.Sanjeev Narula with Mr.Ajay Kalra, Advocates. VERSUS SH. GIAN PRAKASH & ORS. Through: ...... Respondents Mr.Dheeraj Bhardwaj, Advocate for R- 1 to 3 with R-2 in person. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. Yes VALMIKI J.MEHTA, J (ORAL) Caveat No.1050/2014 Since appearance has been put in on behalf of the respondents/caveators, caveat stands discharged. CM(M) 1051/2014 & C.M.Nos.19494/2014 (Stay),19495/2014 (Exemption) 1. Some officers of public sector banks in this country such as of the petitioner/Punjab National Bank (in short the Bank) in this case, it is seen that they can go to any extent in causing a perverse reading of the applicable circulars and guidelines issued by the Bank itself. Why this is done is not understood by this Court, but, the same surely besides causing a grave harassment to the customers...


Nov 26 2014

Jamshed Ansari Vs. The State, Govt. of Nct of Delhi and Anr

Court: Delhi

Decided on: Nov-26-2014

* % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:26. h November, 2014. + W.P.(C) 6825/2014 AMIT BHAGAT + ..... Petitioner Through: Mr. Bhupender Pratap Singh, Adv. Versus GOVT OF NCT OF DELHI, DEPARTMENT OF TRANSPORT & ANR ..... Respondents Through: Ms. Zubeda Begum, Standing Counsel (GNCTD) and Ms. Sana Ansari, Adv. for Transport Department. AND W.P.(C) 6854/2014 & CM No.16179/2014 (for stay) JAMSHED ANSARI Through: ..... Petitioner Versus THE STATE, GOVT. OF NCT OF DELHI & ANR ..Respondents Through: Ms. Zubeda Begum, Standing Counsel (GNCTD) and Ms. Sana Ansari, Adv. for Transport Department. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW [ RAJIV SAHAI ENDLAW, J.1. Both these petitions under Article 226 of the Constitution of India, filed as Public Interest Litigations, impugn the Notification dated 28th August, 2014 of the Government of National Capital Territory of Delhi (Transport Department) amending Rule 115(2) of the Delhi Motor Vehicles Rul...


Nov 26 2014

Sh. Mukund Krishna Barman Vs. Sh. Surender Kumar Malhotra (Deceased) T ...

Court: Delhi

Decided on: Nov-26-2014

* + IN THE HIGH COURT OF DELHI AT NEW DELHI RC.REV.No.266/2013 & C.M.No.11369/2013 (Stay) 26th November, 2014 % SH. MUKUND KRISHNA BARMAN ......Petitioner Through: Mr.Vibhor Goela, Advocate. VERSUS SH. SURENDER KUMAR MALHOTRA (DECEASED) THROUGH HIS LEGAL HEIRS ...... Respondents Through: Mr.Abhishek Kumar, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. Yes. VALMIKI J.MEHTA, J (ORAL) 1. This rent control revision petition filed under Section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the Act) impugns the judgment of the Additional Rent Controller (ARC) dated 26.4.2013 by which the ARC has dismissed the leave to defend application and has decreed the bonafide necessity eviction petition filed under Section 14(1)(e) of the Act with respect to a portion of the ground floor of house no.E-5/33, Krishna Nagar, Delhi-51 as shown in red colour in the site plan filed with the eviction petition.2. I may note that the evictio...


Nov 26 2014

Sri Guru Teg Bahadur Public School Vs. Employees Provident Fund Organi ...

Court: Delhi

Decided on: Nov-26-2014

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:26. h November, 2014 + W.P.(C) No.890/2011 SRI GURU TEG BAHADUR PUBLIC SCHOOL ..... Petitioner Represented by: Mr. Rajiv Shukla, Mr. Shubham Saxena and Ms.Anamika Saraff, Advocates. Versus EMPLOYEES PROVIDENT FUND ORGANISATION AND ORS ..... Respondents Represented by: Mr.Balraj Dewan, Advocate. CORAM: HONBLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. Vide the present petition, the petitioner School seeks setting aside of the order dated 13.10.2010 passed by the EPF Appellate Tribunal, New Delhi, and the order dated 19.09.2005 passed by the respondent No.2/Assistant Provident Fund Commissioner (for short Commissioner), whereby the petitioner Establishment was directed to make compliance under all the provisions of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (for short the EPF Act), w.e.f. 01.02.2005, subject to the right of the Department to shift back the date of coverage if subsequently ...


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