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Delhi Court November 2014 Judgments

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Nov 21 2014

Commissioner of Income Tax-Vi Vs. Valvoline Cummins Ltd.

Court: Delhi

Decided on: Nov-21-2014

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:21. t November, 2014 + ITA3192014 COMMISSIONER OF INCOME TAX-VI ..... Appellant Through Ms. Suruchi Aggarwal, Sr. Standing Counsel. versus VALVOLINE CUMMINS LTD. ..... Respondent Through Mr. Ajay Vohra, Sr. Advocate with Ms. Kavita Jha, Advocate. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE V. KAMESWAR RAO SANJIV KHANNA, J.(ORAL) This appeal by the Revenue under Section 260A of the Income Tax Act, 1961 (Act, for short), which pertains to assessment year 2006-07, has to be dismissed, albeit for slightly different reasons as recorded in the order dated 29 th November, 2012 passed by the Income Tax Appellate Tribunal (Tribunal, for short).2. The respondent-assessee had filed return of income declaring income of Rs.9,52,15,517/- for the assessment year 2006-07 on 30th November, 2006. After issue of notice under Section 143(2), assessment order under Section 143(3) was passed on 24th December, 2008 accepting the...


Nov 21 2014

Kapil Kumar Ahluwalia Vs. Sunita Devi

Court: Delhi

Decided on: Nov-21-2014

* + HIGH COURT OF DELHI AT NEW DELHI Cont. Cas (C) No.219/2010 & C.M. Nos.14271/2010, 6914/2011, 20352/2011, 8734/2012 Decided on :21. t November, 2014 KAPIL KUMAR AHLUWALIA Petitioner Through: Mr. Samrat Nigam, Ms. Ayshwarya Chandar & Ms. Ankita Mahajan, Advocates. Versus SUNITA DEVI Through: Respondent Mr. Manoj Arora, Advocate. CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.(ORAL) 1. This is a contempt petition filed by the petitioner against the respondent on account of the alleged wilful disobedience of the purported undertaking given to the court pursuant to which a compromise decree in terms of the settlement arrived at before the mediation centre between the parties was passed on 23.3.2009.2. I have heard Mr. Nigam, the learned counsel for the petitioner as well as Mr. Manoj Arora on behalf of the respondent and have also gone through the judgments relied upon by Mr. Nigam in respect of his contention.3. The case of the petitioner is that he had filed a suit being C.S. (O...


Nov 21 2014

Shish Pal and Ors Vs. Suresh Chand and Ors

Court: Delhi

Decided on: Nov-21-2014

$~A-53 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:21. 11.2014 MAC.APP. 520/2012 SHISH PAL & ORS ..... Appellants Through Mr.R.S.Mishra, Advocate. versus SURESH CHAND & ORS ..... Respondents Through Mr.L.K.Tyagi, Advocate for R-3. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(Oral) 1. By the present appeal the appellants seek to impugn the award dated 25.02.2012 by which award the Tribunal concluded that the appellant has failed to show that the death of Smt. Gasna Devi occured due to a road traffic accident and hence, dismissed the claim petition.2. The brief facts which led to filing of the claim petition are that on 30.04.1999 Smt. Gasna Devi was being shifted from GTB Hospital to Jeevan Nursing Home. She was being shifted in an Ambulance. Inside the Ambulance she was accompanied by her husband Shish Pal, her brother Chandan Singh and other relatives. The Maruti Van Ambulance when it reached near Sarai Kale Khan at Outer Ring Road, was hit by an offending...


Nov 21 2014

C.E. Constructions Ltd. and Anr. Vs. Intertoll Ics India (P) Ltd. and ...

Court: Delhi

Decided on: Nov-21-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on:17. 11.2014 Judgment delivered on:21. 11.2014 % + OMP1282/2014 C.E. CONSTRUCTIONS LTD. AND ANR. ..... PETITIONERS VERSUS INTERTOLL ICS INDIA (P) LTD. AND ORS. ..... RESPONDENTS Advocates who appeared in this case: For the Petitioners : Mr. Deepak Khosla, Advocate For the Respondents: Mr. Balaji Subramanium, Ms. Jasleen K. Oberai, Ms. Surbhi Mehta and Mr. Ayud Sharma, Advocates for R-8 Mr. Jos Chiramel and Mr. Ramesh Kumar, Advocates for R-9 CORAM: HONBLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J.1. This is a petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 (in short the Act) which came up for hearing on urgent basis during vacations. At that stage, while issuing notice, as a protem measure, respondent no.8 was directed to maintain status quo as of that date as regards funds, if any, received pursuant to settlement with the National Highways Authority of India (hereinafter referred to as NHAI)....


Nov 21 2014

Smt. Sudershana Kumari Blagan Vs. Smt. Tulsan Devi Decd Thru Lrs and O ...

Court: Delhi

Decided on: Nov-21-2014

$~25 to 27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RSA1712011 & Conn. 21st November, 2014 % +RSA1712011 SMT. SUDERSHANA KUMARI BLAGAN Through: ..... Appellant Ms. Tamali Wad and Mr. Yogendra Kumar, Advs. Versus SMT. TULSAN DEVI DECD THRU LRS & ORS ..... Respondents Through: Mr.K.S.Pathania, Adv. for R-1. Mr. Ashish Mohan, Adv. for Mr. Anshumalee Sood through L.Rs. + RSA1722011 SMT. SUDERSHANA KUMARI BLAGAN Through: ..... Appellant Ms. Tamali Wad and Mr. Yogendra Kumar, Advs. Versus SMT. TULSHAN DEVI THR LRS & ORS ..... Respondents Through: Mr.K.S.Pathania, Adv. for R-1. Mr. Ashish Mohan, Adv. for Mr. Anshumalee Sood through L.Rs. + RSA1732011 SMT. SUDERSHANA KUMARI BLAGAN ..... Appellant Through versus SHRI. ANSHUMALEE SOOD & ANR ..... Respondents Through: Mr. Ashish Mohan, Adv. for Mr. Anshumalee Sood through L.Rs. Mr.K.S.Pathania, Adv. for R-2. CORAM: HON'BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. Yes. VALMIKI J.MEHTA, J (ORAL) CM No.19063/2014 (U/o 2...


Nov 21 2014

Sunil Aggarwal Vs. the Govt. of Nct of Delhi

Court: Delhi

Decided on: Nov-21-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :19.11.2014 Pronounced on :21.11.2014 % + BAIL APPLN. 2308/2014 SUNIL AGGARWAL Through : ..... Petitioner Mr.Somnath Bhatri, Adv. versus THE GOVT. OF NCT OF DLEHI ..... Respondent Through : Mr.Neeraj Kumar Singh, APP for the State. CORAM: HON'BLE MS. JUSTICE PRATIBHA RANI PRATIBHA RANI, J.1. By filing the present application under Section 439 Cr.P.C., the Petitioner is seeking bail in case FIR No.393/2014 under Sections 406/420/174-A/34 IPC, PS Sangam Vihar, Delhi.2. The above noted FIR was registered on the basis of complaint made by Sh. Ram Vilas to the effect that he had been cheated of Rs.5.5 lacs and when he demanded his money, threat has been extended to him to kill him. He also reported that Anita Aggarwal and Sunil Aggarwal informed about a scheme under which they would pay him double the amount within three months. After selling his property as well collecting the amount of Committee, he paid Rs.7 lacs to them. After three ...


Nov 21 2014

Union of India and Ors. Vs. Satpal Singh

Court: Delhi

Decided on: Nov-21-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + Date of Decision:21. 11.2014 % W.P. (C) 5686/2014 C.M. Nos.14056-14057/2014 UNION OF INDIA & ORS. Through: ..... Petitioners Mr. R.V. Sinha, Mr. R.N. Singh and Mr. A.S. Singh, Advocates versus SATPAL Through: ..... Respondent Mr. K.R. Chawla, Advocate AND % W.P.(C) 5762/2014 C.M. Nos.14205-14206/2014 UNION OF INDIA & ORS. Through: ..... Petitioners Mr. R.V. Sinha, Mr. R.N. Singh and Mr. A.S. Singh, Advocates versus SATPAL SINGH Through: ..... Respondent Mr. K.R. Chawla, Advocate CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE VIPIN SANGHI S. RAVINDRA BHAT, J.(OPEN COURT) 1. With the consent of the parties, both the petitions have been heard together. The respondent/applicant had challenged his order of transfer before the Central Administrative Tribunal (hereafter referred to as the CAT) and sought appropriate directions from the Central Government.2. By the order dated 22nd November, 2013, which is impugned in the present wri...


Nov 21 2014

Late Sh. Purshottam Dass (Since Deceased) Through Vs. Sh. Jagmohan Gol ...

Court: Delhi

Decided on: Nov-21-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RC. REV.No.586/2012 21st November, 2014 % LATE SH. PURSHOTTAM DASS (SINCE DECEASED) THROUGH HIS LEGAL HEIRS ..... Petitioners Through: Mr. Rajender Kumar, Advocate with Sh. Tulsi Dass on behalf of the legal heirs. Versus SH. JAGMOHAN GOLA Through: ..... Respondent Mr. Pramod Kumar Singhal, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This rent control revision petition under Section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the Act) is filed by the petitioners/tenants impugning the judgment of the Additional Rent Controller dated 30.5.2012 which has dismissed the leave to defend application filed by the petitioners/tenants and has decreed the bonafide necessity eviction petition filed under Section 14(1)(e) of the Act with respect to the tenanted premises being one room on the ground floor of the premises bearing no.613, Gali Kundey Walan,...


Nov 21 2014

Thdc India Limited Vs. T. Chanda Biswas

Court: Delhi

Decided on: Nov-21-2014

THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:21. 11.2014 + W.P.(C) 7923/2013 THDC INDIA LIMITED ..... Petitioner versus T. CHANDA BISWAS ..... Respondent Advocates who appeared in this case: For the Petitioner : Mr Neeraj Malhotra and Mr P. Garg. For the Respondents : Mr S. Nanda Kumar and Mr Parivesh Singh. CORAM:HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J (ORAL) 1. The petitioner impugns an order dated 29.04.2014 passed by the Central Information Commission (hereafter CIC) allowing the respondents appeal and directing the petitioner to provide information relating to the proceedings of the Departmental Promotional Committee (hereafter DPC) for the years 2006, 2007 and 2009.2. The controversy to be addressed is whether the petitioner can be compelled to disclose the minutes of the DPC proceedings held for promotion to the post of AGM.3. The brief facts to address the aforesaid controversy are as under:- 3.1 The petitioner is a public corporation incorporate...


Nov 21 2014

Commissioner of Income Tax-Vi Vs. Valvoline Cummins Ltd.

Court: Delhi

Decided on: Nov-21-2014

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:21. t November, 2014 + ITA3192014 COMMISSIONER OF INCOME TAX-VI ..... Appellant Through Ms. Suruchi Aggarwal, Sr. Standing Counsel. versus VALVOLINE CUMMINS LTD. ..... Respondent Through Mr. Ajay Vohra, Sr. Advocate with Ms. Kavita Jha, Advocate. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE V. KAMESWAR RAO SANJIV KHANNA, J.(ORAL) This appeal by the Revenue under Section 260A of the Income Tax Act, 1961 (Act, for short), which pertains to assessment year 2006-07, has to be dismissed, albeit for slightly different reasons as recorded in the order dated 29 th November, 2012 passed by the Income Tax Appellate Tribunal (Tribunal, for short).2. The respondent-assessee had filed return of income declaring income of Rs.9,52,15,517/- for the assessment year 2006-07 on 30th November, 2006. After issue of notice under Section 143(2), assessment order under Section 143(3) was passed on 24th December, 2008 accepting the...


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