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Delhi Court November 2014 Judgments

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Nov 26 2014

Amit Bhagat Vs. Govt of Nct of Delhi, Department of Transport and An

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

Commissioner of Income Tax, New Delhi Vs. M/S. Manju Finance Corporati ...

Court: Delhi

Decided on: Nov-26-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: November 26, 2014 + ITA No.339/2002 COMMISSIONER OF INCOME TAX, NEW DELHI ..... Appellant Through: Mr.Akash Vajpai , Advocate Versus M/S. MANJU FINANCE CORPORATION, NEW DELHI ..... Respondent Through: CORAM: HONBLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE V.KAMESWAR RAO SANJIV KHANNA, J.(Oral) 1. This appeal by the revenue under Section 260-A of the Income Tax Act, 1961 (Act, in short) impugns the order dated 15.04.2002 passed by the Income Tax Appellate Tribunal (Tribunal, in short) annulling and setting aside block assessment proceedings under Section 158BD of the Act. The block assessment period involved is 01.04.1986 to 29.08.1996.2. By order dated 01.02.2005, the following substantial question of law was framed:Whether in the facts and circumstances of the case, non-issuance of notice under Section 158BD of the Income Tax Act, 1961 would vitiate the proceedings initiated under Section 158BC of the Act?.3. The respond...


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

Satish Kumar Nagpal Vs. Union of India and Ors.

Court: Delhi

Decided on: Nov-26-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.8195/2014 & CM No.19073/2014 (for directions) & CM No.19074/2014 (for exemption). SATISH KUMAR NAGPAL ..... Petitioner Through: Mr. P. Sureshan, Adv. Versus UNION OF INDIA & ORS. ..... Respondents Through: Mr. Anurag Ahluwalia, CGSC for R-1&2 with Mr. Jitender Singh, Section Officer, Deptt. Of Horticulture, CPWD, Ministry of Urban Development. Mr. Digvijay Rai with Mr. Ratish Kumar, Advs. for R-4. Ms. Zubeda Begum, St. Counsel (GNCTD) with Ms. Sana Ansari, Adv. for GNCTD. CORAM :HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW % 1. ORDER2611.2014 This petition under Article 226 of the Constitution of India, filed as a Public Interest Litigation, seeks directions, (i) to the Ministry of Urban Development & Poverty Alleviation and the Dy. Director General (Horticulture), (a) to take proper maintenance and care of the Sadiq Nagar Sports Complex by putting proper boundary walls and separating the same from the adjacent Ce...


Nov 26 2014

Deepak @ D.K. 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

Shri C.P.Sehgal Vs. Smt. Archana Gupta

Court: Delhi

Decided on: Nov-26-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. No.501/2011 & RC. Rev. No.505/2011 26th November , 2014 % RC.Rev. No.501/2011 SHRI C.P.SEHGAL Through: ......Petitioner Mr. Bharat Bhushan Bhatia, Advocate. VERSUS SMT. ARCHANA GUPTA ...... Respondent Through: Mr. S.D.Dixit, Advocate. Through: ......Petitioner Mr. Bharat Bhushan Bhatia, Advocate. RC.Rev. No.505/2011 SHRI C.P.SEHGAL VERSUS SMT. ARCHANA GUPTA ...... Respondent Through: Mr. S.D.Dixit, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) RC.Rev. No.501/2011 1. This rent control revision petition is filed under Section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the DRC Act) impugning the judgment of the Rent Controller dated 29.10.2011 by which the Rent Controller has dismissed the leave to defend application filed by the petitioner/tenant and has decreed the bonafide necessity eviction petition filed under Section 14(1)(e) of the ...


Nov 26 2014

Suraj Seth Vs. Ruchika Abbi

Court: Delhi

Decided on: Nov-26-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on:26. h November, 2014 + CS (OS) 2902/2014 SURAJ SETH Through: ..... Plaintiff Mr. Jagat Singh, Adv. with Mr. Bhagat Singh, Adv. versus RUCHIKA ABBI Through: ..... Defendant Mr. Anil Malhotra, Adv. with Mr. Rajat Bhalla, Adv. and Defendant in person. CORAM: HON'BLE MR. JUSTICE G.P. MITTAL G.P. Mittal, J.(Oral) IA No.19884/2014 (O.VII Rule 11 CPC) in CS(OS) 2902/2014 1. This suit for declaration and injunction has been filed by the Plaintiff primarily seeking ante suit injunction. The Plaintiff is the husband of the Defendant. As per the averments made in the plaint, the parties got married in January, 2001 at New Delhi according to Hindu rites and ceremonies.2. According to the Plaintiff, after the marriage, the parties stayed at Virginia, USA. They were blessed with a baby girl on 24.12.2007. Certain averments have been made about the ill habits of the Defendant in para 4 and other paragraphs of the plaint which are not very releva...


Nov 26 2014

Brig (Retd.) M.M. Sharma Frgs Vs. Lt. Gen. Depinder Singh

Court: Delhi

Decided on: Nov-26-2014

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgement delivered on:26. 11.2014 + O.M.P. 741/2013 BRIG (RETD.) M.M. SHARMA FRGS ..... Petitioner versus LT. GEN. DEPINDER SINGH ..... Respondent Advocates appeared in this case: For the petitioner: Mr A.B. Pandey, Advocate For the respondent: Dr. Roxna Swamy, Advocate CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J1 The petitioner herein is the sole proprietor of a concern going by the name of Trishul Publications. The predecessor-in-interest of this proprietorship concern is another concern, which went by the name of Dattatreya Prakashan. 1.1 The disputes between the parties herein arose out of the publication agreement executed between them, which was entered between them in September, 1991. The said publication agreement, broadly, defines the rights of the parties herein with respect to a book written by the respondent, entitled IPKF In Sri Lanka. 1.2 The petitioner (i.e., the original claimant), was aggrieved by the fa...


Nov 26 2014

Ms. Kusum Rani Vs. Smt. Uma Vati

Court: Delhi

Decided on: Nov-26-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RC. REV.Nos.379/2014 & 381/2014 26th November, 2014 % 1. RC. REV. No.379/2014 MS. KUSUM RANI Through: ..... Petitioner Mr. Ashutosh Lohia, Advocate with Mr. Ajay Kumar, Advocate, Mr. Shiv Gupta, Advocate and Mr. Soumya Kumar, Advocate. Versus SMT. UMA VATI ..... Respondent Through:2. RC. REV. No.381/2014 SH. MOTI RAM Through: ..... Petitioner Mr. Ajay Kumar, Advocate with Mr. Shiv Gupta, Advocate. Versus SMT. UMA VATI ..... Respondent Through: CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. Both these petitions can be disposed of by this common judgment inasmuch as the impugned judgment of the Rent Controller is same in both the cases. The landlady being the respondent is same in both the cases and the need which has been projected for eviction of the petitioners/tenants is the same viz of opening of a computer institute by both her sons in the entire ground floor of the premises ...


Nov 26 2014

Kapil @ Dayal 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...


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