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Delhi Court December 2014 Judgments

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Dec 22 2014 (HC)

Commissioner of Income Tax-Viii Vs. Naresh Kumar Jaggi

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on November 21, 2014 Judgment delivered on December 22, 2014 + ITA No.654/2014 COMMISSIONER OF INCOME TAX-VIII ..... Appellant Through: Mr.Balbir Singh, Senior Standing Counsel versus NARESH KUMAR JAGGI Through: ..... Respondent None CORAM: HONBLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE V.KAMESWAR RAO V.KAMESWAR RAO, J.1. The challenge in this appeal by the revenue under Section 260A of the Income Tax Act, 1961 (Act in short) is to the order dated March 31, 2014 passed by the Income Tax Appellate Tribunal, Delhi Bench (Tribunal, in short), whereby the Tribunal, in cross appeals filed by the appellant-revenue and the respondent-assessee, upheld the order of the Commissioner of Income Tax (Appeals), restricting the penalty imposed under Section 140A (3) to 25%.2. The relevant facts of the case are, the respondent-assessee filed return of income for the Assessment Year 2009-10 on 03.11.2010 declaring an income of Rs. 6,23,3...

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Dec 22 2014 (HC)

Smt Sheila Khatri and Others Vs. Union of India and Others

Court: Delhi

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:22. 12.2014 W.P.(C) 1786/1999 SMT SHEILA KHATRI & OTHERS ... Petitioners ... Respondents versus UNION OF INDIA AND OTHERS Advocates who appeared in this case:- For the Petitioners : Mr Sumit Bansal with Mr Ateev Mathur and Ms Richa Oberoi For the Respondents 1 & 3 : Mr Yeeshu Jain and Ms Jyoti Tyagi. For the Respondent 2/DDA : Ms Shobhna Takiar. CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE I.S. MEHTA 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 petition, ought to be deemed to have lapsed in view of Section 24(2) of the 2013 Act.2. The Award under...

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Dec 22 2014 (HC)

Novateur Electric and Digital Systems Private Limite Vs. Indo Simon El ...

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Order delivered on:22. d December, 2014 % + CS(OS) No.3949/2014 NOVATEUR ELECTRIC & DIGITAL SYSTEMS PRIVATE LIMITED. ..... Plaintiff Through Mr. Amit Sibal, Senior Adv. with Mr. Ranjan Negi, Ms. Pallavi Rao, Ms. Apoorva Murli and Mr. Namit Suri, Advs. versus INDO SIMON ELECTRIC PRIVATE LIMITED AND ANR. ..... Defendants Through Mr. Vinod Khurana and Mr. Mohinder Vig, Advs. CORAM: HON'BLE MR.JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.(Oral) I.A. No.25762/2014 This is an application filed by the plaintiffs under Section 151 CPC seeking exemption from filing certain documents. For the reasons stated in the application, the same is allowed, subject to said documents being produced at the time of admission/denial of the documents. The application is disposed of. I.A. No.25763/2014 (U/s 65A & B of the Evidence Act, 1872) Heard. Allowed subject to just exceptions. The application is disposed of. I.A. No.25764/2014 (U/s 149 CPC) Learned Senior counsel for...

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Dec 22 2014 (HC)

Sh. Jagdish Singh Vs. Jasvinder Singh and Ors

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Order delivered on:22. d December, 2014 % + I.A. No.14828/2009, I.A. No.648/2010,I.A. No.806/2010, I.A. No.825/2010 & I.A. No.1888/2010 in CS(OS) 2184/2009 SH.JAGDISH SINGH Through ..... Plaintiff Mr.Pranay Agrawala, Adv. versus JASVINDER SINGH & ORS ..... Defendants Through Mr.Raman Kapur, Sr.Adv. with Mr.Aviral Tiwari, Adv. for D-4. CORAM: HON'BLE MR.JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The plaintiff filed the suit for declaration and injunction against the defendants seeking the following prayers:(i) Pass a decree of declaration declaring that the order dated 24.04.2007 passed in I.A. No.4651/2007 filed in CS(OS) No.2066/2006 and recording the compromise between the Defendant No.2 and Defendant Nos.4 and 5 was illegal and thus null and without any authority and void under Indian Contract Act, 1872; and (ii) Pass a decree of declaration that the Defendant Nos.1 and 2 and Late Kunwarni Padmini Shah has no right, title and/or interest in...

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Dec 22 2014 (HC)

Ex. Const. Satbir Singh and Anr. Vs. National Capital Territory of Del ...

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:04. 12.2014 Pronounced on:22. 12.2014 + WP(C) No.196/2003 .Petitioners Ex. Const. Satbir Singh & Anr. Through: Mr. Arun Bhardwaj, Adv. Versus National Capital Territory of Delhi. Respondent Through : Ms. Zubeda Begum, Adv. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE VIPIN SANGHI MR. JUSTICE S. RAVINDRA BHAT % 1. In this writ petition, the order of the Central Administrative Tribunal (CAT) dated 8.11.2002 dismissing O.A. No.3375/2001 has been questioned. The CAT upheld the punishment of dismissal imposed upon the petitioners after a Departmental Enquiry.2. The brief facts are that the petitioners were enrolled as Constables in the Delhi Police at different times in 1984 and 1986. On 14.01.91, a First Information Report (FIR) was lodged against them (FIR No.19/91). According to the allegations in the FIR, on the night WP(C) No.196/2003 Page 1 of 13/14.01.91, the petitioners (who at that time, were posted at the Bad...

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Dec 22 2014 (HC)

Vimla Mitra and Anr Vs. Kishan Chand Mitra

Court: Delhi

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA6752014 Decided on 22nd December, 2014 VIMLA MITRA & ANR Through: versus KISHAN CHAND MITRA Through: ..... Appellants Mr. Vineet Bhagat, Adv. ..... Respondent None. CORAM: HON'BLE MR. JUSTICE A.K. PATHAK A.K.PATHAK, J.(ORAL) 1. Appellant no.1 is sister-in-law (brothers wife); whereas appellant no.2 is nephew of respondent. Respondent filed a suit for recovery of possession of suit property, that is, property No.1-A, New Layal Pur Colony, Krishna Nagar, Delhi 110051 comprising of two rooms, kitchen, bathroom, staircase and courtyard against the appellants as also for recovery of mesne profits and damages.2. Trial court has passed a decree of possession and mesne profits in favour of the respondent and against the appellants. Mesne profits @ `2,000/- per month with effect from 1st April, 2008 till 31st March, 2012 and @ `3,000/- per month with effect from 1st April, 2012 onwards till delivery of possession have been awarded.3. Aggrieve...

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Dec 22 2014 (HC)

Commissioner of Income Tax Central Ii Vs. Home Developers P. Ltd.

Court: Delhi

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: December 22, 2014 + ITA8002014 & CM Nos. 21134-35/2014 COMMISSIONER OF INCOME TAX CENTRAL II Through: ..... Appellant Mr.Rohit Madan,Sr.Standing Counsel with Mr.Ruchir Bhatia, Jr.Standing Counsel versus HOME DEVELOPERS P. LTD. ..... Respondent Through: CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE V. KAMESWAR RAO SANJIV KHANNA, J (ORAL) CM No.21134/2014 & ITA8002014 There is a delay of 650 days in refiling of this appeal by the revenue under Section 260A of the Income Tax Act, 1961 (Act in short). However, before issuing notice on the application for condonation of delay, it would be appropriate to examine the appeal on merits.2. The impugned order dated 21.09.2012 passed by the Income Tax Appellate Tribunal (Tribunal in short) deletes penalty under Section 271D of the Act, recording the following reasons:25. From the above, it is evident that a detailed enquiry was made from Shri Yogesh Gupta in respect of...

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Dec 22 2014 (HC)

Kodak India Pvt Ltd Vs. Ars Graphics

Court: Delhi

$~ 20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 3343/2014 & I.A. 21632/2014 KODAK INDIA PVT LTD ..... Plaintiff Through: Mr.Dayan Krishnan, Sr. Adv. with Mr.Karan Luthra, Advocate versus ARS GRAPHICS ..... Defendant Through: Mr.Jagmohan Sabharwal, Sr. Adv with Mr.Bhavesh Kr. Sharma & Ms.Seema Singh, Advs. Mr.Surinder Kumar Malik, President of the association in person. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI ORDER2212.2014 % IA.No.26116/2014 1. This is an application under Order 1 Rule 10 CPC, which has been filed by the Northern India Colour Lab Association. President of the Northern India Colour Lab Association appears in person and he has drawn the attention of the Court to the order dated 8.5.2013 passed in CS(OS)No.2985/2011. The applicant is neither an appropriate nor a necessary party in view of the fact that the present suit arises out of a dispute between the plaintiff and the defendant, the application is misconceived. Consequently the application is dismissed. I.A. 2...

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Dec 22 2014 (HC)

M/S Black Cobra Vs. Govt of Nct of Delhi

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Order delivered on:22. d December, 2014 % + Ex.P. No.399/2010 & E.A. (OS) Nos.373/2012 & 243/2013 M/S BLACK COBRA Through ..... Decree-holder Mr.S.K.Jain, Adv. with Mr.T.Singh, Adv. versus GOVT OF NCT DELHI Through ..... Judgment-debtor Mr.Sushil Dutt Salwan, Adv. CORAM: HON'BLE MR.JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The abovementioned application being E.A. (OS) No.243/2013 has been filed by the judgment-debtor under Section 47 CPC raising objections to the present execution petition as well as seeking release of the decreetal money deposited by the judgment-debtor to the decree-holder against the Award dated 27th July, 2010/5th August, 2010 passed by the learned Arbitrator.2. The decree-holder in the present case has filed the execution petition under Order 21 CPC praying that:The Learned Arbitrator Sh. S.M. Chopra passed an Award on 27.07.2010/05.08.2010, against Govt. of NCT, Delhi amounting to Rs.65,68,481/- and interest @ 15% p.a....

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Dec 19 2014 (HC)

Ceeco Technologies Pvt. Ltd Vs. Central Public Works Department and Or ...

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on:07. 11.2014 Judgment pronounced on:19. 12.2014 W.P.(C) 1062/2014 & CM No.2189/2014 CEECO TECHNOLOGIES PVT. LTD ..... Petitioner versus CENTRAL PUBLIC WORKS DEPARTMENT & ORS ..... Respondents Advocates who appeared in this case: For the Petitioner : Mr N.N. Aggarwal and Ms Manpreet Kaur, Advocates For the Respondents : Mr Manish Mohan and Mr Gaurav Sharma, Advocates for R-1 & R-2 Mr Sanjay Jain, ASG with Mr Manish Mohan, CGSC and Ms Noor Anand, Advocate for UOI. CORAM: HON'BLE MR JUSTICE BADAR DURREZ AHMED HON'BLE MR JUSTICE SIDDHARTH MRIDUL JUDGMENT SIDDHARTH MRIDUL, J1 The petitioner herein seeks quashing of impugned order dated 03.02.2014 passed by respondent Nos. 1 and 2 whereby the representation made by the petitioner in terms of order dated 22.01.2014 passed by this Court in W.P(C) No.444/2014 has been rejected. The petitioner further seeks a direction compelling respondent Nos. 1 and 2 to reconsider the tender submitte...

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