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Delhi Court November 2014 Judgments

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Nov 18 2014

M/S Chintels Exports Pvt. Ltd. Vs. Govt of Nct of Delhi and Ors

Court: Delhi

Decided on: Nov-18-2014

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:18. 11.2014 W.P.(C) 4452/2014 M/S CHINTELS EXPORTS PVT. LTD. .... Petitioner versus GOVT OF NCT OF DELHI AND ORS ..... Respondents Advocates who appeared in this case: For the Petitioner : Mr B.S. Maan and Mr Vishal Maan, Advocates For the Respondents : Mr Yeeshu Jain and Ms Jyoti Tyagi, Advocates for R-1 & R-2 Mr Arjun Pant, Advocate for R-3 CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE SIDDHARTH MRIDUL JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. The petitioner seeks the benefit of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the 2013 Act) which came into effect on 01.01.2014. A declaration is sought to the effect that the acquisition proceeding, which is the subject matter of the present writ petition, ought to be deemed to have lapsed in view of Section 24(2) of the 2013 Act.2. The Award un...


Nov 18 2014

Badar Makhmoor(Senior Citizen) Vs. Hakim Zillur Rehman

Court: Delhi

Decided on: Nov-18-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) No.1009/2012 18th November , 2014 % BADAR MAKHMOOR(SENIOR CITIZEN) ......Petitioner Through: Mr. M. Sufian Siddiqui, Mr. Rakesh Bhugra, Mr. M.Tabishzia, Advocates. VERSUS HAKIM ZILLUR REHMAN Through: ...... Respondent Mr. R.K.Trakru and Mohd. Sajid, Advocates. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) CM No.11465/2014 (for revival of the petition) The application is allowed and this petition is revived in view of the order passed by the Supreme Court in the presence of the parties dated 07.5.2014 in Civil Appeal No.5507/2014. CM stands disposed of. CM(M) No.1009/2012 1. This petition under Article 227 of the Constitution of India has been filed by the petitioner/plaintiff/landlord impugning the order of the trial court dated 14.8.2012 by which the trial court has rejected an application under Order XII Rule 6 of the Code of Civil Procedure, 1908 (CPC) and refused to decre...


Nov 18 2014

the Commissioner of Income Tax-Ii Vs. Jds Apparels Private Limited

Court: Delhi

Decided on: Nov-18-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + INCOME TAX APPEAL No.608/2014 Reserved on:30. h September, 2014 Date of Decision:18. h November, 2014 % THE COMMISSIONER OF INCOME TAX-II ..... Appellant Through Mr. Rohit Madan, Sr. Standing Counsel. Versus JDS APPARELS PRIVATE LIMITED ..... Respondent Through Mr. Sanat Kapoor & Mr. Varun Gupta, Advocates. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE V. KAMESWAR RAO SANJIV KHANNA, J.: This appeal by the Revenue under Section 260A of the Income Tax Act, 1961 (Act, for short) impugns the finding recorded by the Income Tax Appellate Tribunal (Tribunal, for short) in their order dated 7th February, 2014 that the respondent-assessee, JDS Apparels Private Limited had not violated Section 194H of the Act. As a consequence, it has been held that the Assessing Officer was wrong in invoking Section 40(a)(ia) of the Act and accordingly had erred in making addition of Rs.44,65,654/-, i.e. the charges deducted by M/s HDFC Bank Ltd (HDFC, ...


Nov 18 2014

M/S National Heart Institute and Anr. Vs. Government of National Capit ...

Court: Delhi

Decided on: Nov-18-2014

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on: November 18, 2014 W.P.(C) 7779/2013& CM No.16548/2013 (for stay) M/S NATIONAL HEART INSTITUTE & ANR. ..... Petitioners Represented by: Mr.Satyakam, Advocate with Mr. S.K. Shailly, General Manager ( F & L) of the Petitioners. Versus GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI (LOBOUR) AND ORS. ..... Respondents Represented by: Mr.Dheeraj Kaushik for Ms. Raavi Birbal, Advocate for Respondent No.1. CORAM: HONBLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.W.P.(C) No.7779/2013 1. The present petition is directed against the order dated 06.09.2013, whereby the Learned Tribunal dismissed the application filed by the petitioners under Section 151 CPC.2. Brief facts of the case are that vide order dated 01.04.2010 services of the respondent No.2/workman was terminated after holding a departmental enquiry. Vide order dated 11.11.2009, Under Secretary (Labour) referred the following question to the Labour Court for adjudica...


Nov 18 2014

Chanderlekha Solomon Vs. Govt of Nct of Delhi and Ors

Court: Delhi

Decided on: Nov-18-2014

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:18. 11.2014 W.P.(C) 4422/2014 CHANDERLEKHA SOLOMON .... Petitioner versus GOVT OF NCT OF DELHI AND ORS ..... Respondents Advocates who appeared in this case: For the Petitioner : Mr B.S. Maan and Mr Vishal Maan, Advocates For the Respondents : Mr Yeeshu Jain and Ms Jyoti Tyagi, Advocates for R-1 & R-2 Mr Arjun Pant, Advocate for R-3 CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE SIDDHARTH MRIDUL JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. The petitioner seeks the benefit of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the 2013 Act) which came into effect on 01.01.2014. A declaration is sought to the effect that the acquisition proceeding, which is the subject matter of the present writ petition, ought to be deemed to have lapsed in view of Section 24(2) of the 2013 Act.2. The Award under the La...


Nov 18 2014

M/S. Shiv Dayal Mal Mauji Ram Vs. Dhanpat Rai and Ors.

Court: Delhi

Decided on: Nov-18-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RC. REV.No.178/2014 18th November, 2014 % M/S. SHIV DAYAL MAL MAUJI RAM ..... Petitioner Through: Mr. Kirti Uppal, Senior Advocate with Mr. Anil K. Pruthi, Advocate. Versus DHANPAT RAI AND ORS. Through: ..... Respondents Mr. Vijay Pandey, 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 is filed under Section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the Act) impugning the judgment of the Rent Controller (RC) dated 11.2.2014 by which the RC 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 Act with respect to the tenanted shop forming part of property bearing no.2914, Bahadur Garh Road, Teliwara, Delhi-110006.2. Respondents/landlords filed the bonafide necessity eviction petition stating th...


Nov 18 2014

Varun Srivastava Vs. State and Anr.

Court: Delhi

Decided on: Nov-18-2014

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:18. h November, 2014 BAIL APPLN. 2333/2014 VARUN SRIVASTAVA Through: versus STATE & ANR. Through: + BAIL APPLN. 2455/2013 RAJAN PRAKASH Through: ..... Petitioner Mr. Avinash Trivedi, Advocate ..... Respondent Mr. Sunil Sharma, Additional Public Prosecutor for the State along with SI Narsingh, PS Aman Vihar Mr. Rishikesh Kumar and Ms. Neha Pratap, Advocates for complainant ..... Petitioner Mr. Rishikesh Kumar, Advocate versus STATE Through: ..... Respondent Mr. Sunil Sharma, Additional Public Prosecutor for the State along with SI Narsingh, PS Aman Vihar Mr. Rishikesh Kumar and Ms. Neha Pratap, Advocates for complainant CORAM: HON'BLE MS. JUSTICE SUNITA GUPTA JUDGMENT : SUNITA GUPTA, J.1. Vide this common order, I shall dispose of two applications bearing bail application No.2333/2014 and 2455/2013 filed by Varun Srivastava and Rajan Prakash respectively seeking anticipatory bail in case FIR No.614/2013 u/s 186/353/332/506/...


Nov 18 2014

Gaurav Bhutani and Ors Vs. State of Nct of Delhi and Anr

Court: Delhi

Decided on: Nov-18-2014

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5216/2014 GAURAV BHUTANI & ORS Through ..... Petitioners Mr. Sanjay Madan, Advocate. versus STATE OF NCT OF DELHI & ANR ..... Respondents Through Ms. Nishi Jain, Additional Public Prosecutor. Sub Inpsector Md. Haroon. Mr. Varun Gupta Advocate with R2 in person. CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % SUDERSHAN KUMAR MISRA, J.(Oral) 1. This petition under Section 482 Cr.P.C. seeks quashing of FIR No.330/2011 registered under Sections 498-A, 406, 34 IPC at police station Tilak Nagar, on 28.09.2011, on the ground that the matter has been settled between the parties.2. Issue notice. Ms. Nishi Jain, Additional Public Prosecutor for the State, and Mr. Varun Gupta, Advocate for respondent No.2 Ms. Shikha, enter appearance and accept notice. The complainant / respondent No.2 is also identified by the Investigating Officer, Sub Inspector Md. Haroon in Court today.3. It is stated that the aforesaid FIR came to be lodged at the ...


Nov 18 2014

Vasu Dev Pahwa and Anr Vs. Union of India and Ors

Court: Delhi

Decided on: Nov-18-2014

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:18. 11.2014 W.P.(C) 4393/2014 & CM No.8778/2014 VASU DEV PAHWA & ANR .... Petitioners versus UNION OF INDIA AND ORS ..... Respondents Advocates who appeared in this case: For the Petitioners : Mr Sumit Bansal, Ms Richa Oberoi, Ms Jagriti Ahuja and Mr Ateev Mathur, Advocates For the Respondents : Mr Satya Siddiqui and Mr S.K. Mishra, Advocates for R-1 Mr Yeeshu Jain and Ms Jyoti Tyagi, Advocates for R-2 Mr Arjun Pant, Advocate for R-3 CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE SIDDHARTH MRIDUL JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. The petitioners seek the benefit of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the 2013 Act) which came into effect on 01.01.2014. A declaration is sought to the effect that the acquisition proceeding, which is the subject matter of the present writ petitio...


Nov 18 2014

Subhash and Ors Vs. the State Govt of Nct Delhi and Anr

Court: Delhi

Decided on: Nov-18-2014

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5155/2014 SUBHASH & ORS Through: ..... Petitioners Ms. Preeti Srivastava, Advocate with petitioners in person. versus THE STATE GOVT OF NCT DELHI & ANR ..... Respondents Through: Ms. Nishi Jain, APP for the State with SI Yograj PS Mahindera Park. R-2 in person. CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % SUDERSHAN KUMAR MISRA, J (ORAL) Crl. M.A. Nos. 17680/2014 (for exemption) Exemption, as prayed for, is allowed, subject to all just exceptions. The application stands disposed off. CRL.M.C. 5155/2014 and Crl. M.A. 17679/2014 (for stay) 1. This petition under Section 482 Cr.P.C. has been moved seeking quashing of FIR No.172/2010 registered under Sections 498A/406 IPC at Police Station Mahendra Park on 23rd July, 2010 on the ground that the matter has been settled between the parties.2. Issue notice. Ms. Nishi Jain, Additional Public Prosecutor enters appearance and accepts notice on behalf of the State/respondent No.1.3. P...


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