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Delhi Court November 2014 Judgments

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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 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

Sish Pal Singh Vs. Rajesh Bhardwaj and Ors.

Court: Delhi

Decided on: Nov-18-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on :10. h October, 2014 Judgment pronounced on :18th November, 2014 % + I.A. No.13130/2012 in CS (OS) No.1588/2010 SISH PAL SINGH Through .....Plaintiff Mr.B.B. Sawhney, Sr. Adv. with Mr. Amit Kumar Singh, Adv. versus RAJESH BHARDWAJ & ORS. ..Defendants Through Mr. Sunil K.Jha, Adv. with Mr.Santosh K. Jha, Adv. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The plaintiff has filed a suit for possession, declaration, permanent and mandatory injunction in respect of land admeasuring 4 Bighas 10 Biswas out of Khasra No.73, situated at village Biharipur, in the abadi of Sonia Vihar, Shahdara, Delhi-110094 (hereinafter referred to as the suit land).2. Brief facts of the case are that on or about 15th April, 2004 the plaintiff purchased a piece of the suit land from Shri Mansa Ram, son of Late Shri Sukh Ram through a registered General Power of Attorney. The plaintiff carried out some temporary fencing of the suit la...


Nov 18 2014

Avneet Singh and Ors Vs. State and Anr

Court: Delhi

Decided on: Nov-18-2014

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4243/2014 AVNEET SINGH & ORS Through: ..... Petitioners Ms. Sangeeta jain, Advocate with petitioners in person versus STATE & ANR Through: ..... Respondents Ms. Nishi Jain, APP with ASI Shri Ram, PS Hari Nagar R-2 in person CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA ORDER % 18.11.2014 % SUDERSHAN KUMAR MISRA, J.(Oral) 1. This petition under Section 482 Cr.P.C. seeks quashing of FIR No.253/2012 registered under Sections 498A/406/506/34 IPC, at Police Station Hari Nagar, on 15.07.2012 on the ground that the matter has been amicably settled between the parties.2. Issue notice.3. Ms. Nishi Jain, Additional Public Prosecutor for the State enters appearance and accepts notice. The second respondent/complainant, Gurpreet Kaur, is present. She is also identified by the Investigating Officer, Assistant Sub-Inspector Shri Ram, Police Station Hari Nagar.4. It is stated that the aforesaid FIR came to be lodged at the instance of the c...


Nov 18 2014

Pritosh Sharma and Ors Vs. State (Nct of Delhi) and Anr.

Court: Delhi

Decided on: Nov-18-2014

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5203/2014 PRITOSH SHARMA & ORS ..... Petitioners Through: Mr. J.S. Rawat & Ms. Vibha Rawat, Advocates with petitioners in person versus STATE (NCT OF DELHI) & ANR. ..... Respondents Through: Mr. Amit Ahlawat, APP for State with SI Sanjay Jain, PS Malviya Ngr Ms. Ritu Negi, Mr. B. Mishra, Advocate for R-2 with R-2 in person CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % SUDERSHAN KUMAR MISRA, J.(Oral) 1. This petition has been moved under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No.263/2012 registered under Sections 498A/406/34 IPC at Police Station Malviya Nagar on 05.06.2013 on the ground that the matter has been settled between the parties.2. Issue notice.3. Counsel for the State, as well as for the second respondent/complainant, enter appearance and accept notice. The Investigating Officer, Sub-Inspector Sanjay Jain, Police Station Malviya Nagar, who is also present in Court, identifies the pe...


Nov 18 2014

Director of Income Tax (Exemption) Vs. M/S Indraprastha Cancer Society

Court: Delhi

Decided on: Nov-18-2014

* + IN THE HIGH COURT OF DELHI AT NEW DELHI INCOME TAX APPEAL No.240/2014 Reserved on:28. h October, 2014 Date of Decision:18th November, 2014 % DIRECTOR OF INCOME TAX (EXEMPTION) ..... Appellant Through Mr. Kamal Sawhney, Sr. Standing Counsel. Versus M/S INDRAPRASTHA CANCER SOCIETY ..... Respondent Through Ms. Shashi M. Kapila, Mr. R.R. Maurya and Mr. Pravesh Sharma, Advocates. INCOME TAX APPEAL NOS. 348/2014, 463/2014, 464/2014 DIRECTOR OF INCOME TAX (EXEMPTION) ..... Appellant Through Mr. Kamal Sawhney, Sr. Standing Counsel. Versus M/S SANSKRITI EDUCATIONAL SOCIETY Through Nemo. ..... Respondent INCOME TAX APPEAL No.406/2014 DIRECTOR OF INCOME TAX (EXEMPTION) ..... Appellant Through Mr. Kamal Sawhney, Sr. Standing Counsel. Versus M/S ABUL KALAM AZAD ISLAMIC AWAKENING Respondent Through Nemo. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE V. KAMESWAR RAO SANJIV KHANNA, J.: This common order, in relation to the aforesaid appeals, is on the point of admission. It is noti...


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...


Nov 18 2014

Ms. Gita Singh Vs. Smt. Prem Lata Meena and Ors.

Court: Delhi

Decided on: Nov-18-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + C.M.(M) No.1020/2014 18th November, 2014 % MS. GITA SINGH Through: ..... Petitioner Mr. Rajesh Kumar, Advocate. Versus SMT. PREM LATA MEENA & ORS. Through: ..... Respondents CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. No.18924/2014 (exemption) 1. Exemption allowed subject to just exceptions. C.M. stands disposed of. + C.M.(M) No.1020/2014 2. This petition under Article 227 of the Constitution of India impugns the judgment of the trial court dated 28.7.2014 by which the trial court has allowed the leave to defend application in a suit for recovery filed by the petitioner/plaintiff.3. I have asked the counsel for the petitioner to show me any para in the plaint averring as to how the suit is to be filed under Order XXXVII of Code of Civil Procedure, 1908 (CPC), and to which query counsel for the petitioner had no option but to concede that in the plaint no averment is made as ...


Nov 18 2014

Shri Puran Chand Khandelwal and Anr. Vs. Shri Kewal

Court: Delhi

Decided on: Nov-18-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + C.M.(M) No.1525-26/2006 18th November, 2014 % SHRI PURAN CHAND KHANDELWAL & ANR. ..... Petitioners Through: Mr. Prakash Gautam, Advocate. Versus SHRI KEWAL Through: ..... Respondent Mr. Vishal Bhatnagar, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. At the outset, at the request made on behalf of the petitioners, this petition is treated instead of as a petition under Article 227 of the Constitution of India invoking which provision the petition has been filed, instead as a petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) because the impugned judgment which is challenged is the judgment of the civil court dismissing the suit of the petitioners/plaintiffs under Section 6 of the Specific Relief Act, 1963.2. The present revision petition is filed impugning the judgment of the trial court dated 4.7.2006 which has dismissed the suit of the petitioners/p...


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