Delhi Court December 2014 Judgments
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N.N.S. Rana Vs. K.B.L. Mittal and Ors.
Court: Delhi
Decided on: Dec-11-2014
* HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 317/2009 Decided on :11. h December, 2014 ..... Petitioner N.N.S. RANA Through: Mr.Ragvesh Singh, Adv. versus K.B.L. MITTAL & ORS. Through: .... Respondent Mr.V.S.R.Krishna and Mr.J.K.Singh, Advs. CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.(ORAL) 1. The present contempt petition has been filed by the petitioner on account of the alleged wilful disobedience of the order dated 04.12.2008. By virtue of the aforesaid order, the writ petition of the petitioner was allowed and the punishment which was imposed on the petitioner was set aside and he was directed to be reinstated with all the consequential benefits.2. Notice was issued to the respondents on 31.03.2009 to show cause as to why contempt action for wilful disobedience of the order passed by the court may not be taken against the respondents. It was also directed by the learned Judge while issuing the notice on 31.03.2009 that pendency of the present petition will not be an im...
M/S. National Aluminium Co. Ltd. Vs. Commissioner of Sales Tax, Delhi
Court: Delhi
Decided on: Dec-11-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on November 19, 2014 Judgment delivered on December 11, 2014 + ST. REF. No.17/2002 M/S. NATIONAL ALUMINIUM CO. LTD. ..... Petitioner Through: Mr.Debashish Mohapatra, Advocate versus COMMISSIONER OF SALES TAX, DELHI ..... Respondent Through: Mr.Sushil Dutt Salwan, Advocate CORAM: HONBLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE V.KAMESWAR RAO V.KAMESWAR RAO, J.1. The present reference has been made by the Appellate Tribunal, Sales Tax, Delhi on the following questions:1. Whether on the facts and in the circumstances of the case, the Tribunal was right in disallowing the claim of deduction under Section 4(2)(a)(v) in respect of form No.02AA-996226 for Rs.30,23,582/- on the ground that the dealer did not exercise the ordinary business prudence and the transactions cannot be said to be in a normal course of business without recording a finding as to positive connivance or collusion of the dealer?.2. Whether on the facts and in...
Commissioner of Income Tax-X Vs. Amar Nath Virender Kumar
Court: Delhi
Decided on: Dec-11-2014
$~9 to 11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + INCOME TAX APPEAL NOS. 122/2014, 123/2014 & 126/2014 Date of decision:11. h December, 2014 COMMISSIONER OF INCOME TAX-X ..... Appellant Through Ms. Suruchi Aggarwal, Sr. Standing Counsel. versus AMAR NATH VIRENDER KUMAR ..... Respondent Through Mr. Rajat Navet & Mr. Kushagra Pandit, Advocates. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE V. KAMESWAR RAO SANJIV KHANNA, J.(ORAL): These three appeals by the Revenue, relating to Assessment Years 2001-02, 2002-03 and 2005-06, arise from the order dated 19th July, 2013, passed by the Income Tax Appellate Tribunal (Tribunal, for short).2. On 15th December, 2004, search and seizure operations under Section 132 of the Income Tax Act, 1961 (Act, for short) were conducted in the case of Brij Mohan Gupta, Gali Hinga Beg, Tilak Bazar, Delhi. Incriminating documents, diaries and loose papers were found and seized. Brij Mohan Gupta was apparently involved in clandestine money lendi...
Beenu and Ors Vs. State and Anr
Court: Delhi
Decided on: Dec-11-2014
$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3611/2014 ..... Petitioner BEENU & ORS Through Mr. Anand Prashar, Advocate with petitioners. versus STATE & ANR Through ..... Respondents Mr. Amit Ahlawat, Additional Public Prosecutor. Sub Inspector Devender, P.S. Kanjhawala. Complainant in person. CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % SUDERSHAN KUMAR MISRA, J.(Oral) 1. This matter was taken up for preliminary hearing on 28.11.2014 when notice was accepted by the respondents in Court, and the following order came to be passed; ...It is stated that the aforesaid FIR came to be lodged at the instance of the complainant as a result of certain altercation that is stated to have taken place with the petitioners on the night of Diwali on 13.11.2012 which appears to have escalated substantially, and the third petitioner had also stated to have assaulted the complainant with a scissor. Other injuries were also caused to the complainant by the petitioners. It is also stated ...
Smt. Shabana Begum and Ors. Vs. Yogesh Kumar and Ors.
Court: Delhi
Decided on: Dec-11-2014
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: July 17, 2014 Pronounced on :11. 12.2014 + MAC.APP. 697/2013 SMT. SHABANA BEGUM & ORS. Through : ..... Appellants Mr. J.S.Kanwar, Adv. versus YOGESH KUMAR & ORS. Through : ..... Respondents Mr. Sameer Nandwani, Adv. for R-3. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.1. This appeal is filed by the appellants seeking enhancement of compensation as given in award dated 30.10.2012.2. The brief facts are that the deceased Firoz Khan died in an accident on 06.05.2008. He was going on foot. At main road near Sundar Nagari, Delhi, he was hit by a motorcycle said to be driven in a rash and negligent manner. He died the next day.3. The controversy revolves around the compensation awarded. The Tribunal awarded a total compensation of Rs.6,51,720/- as follows:1.2.3. Towards Loss of Dependency : Towards loss of estate : Towards loss of consortium (for : MAC.APP.697/2013 Rs.6,20,720.10 Rs.8,000.00 Rs.8,000.00 Page 1 of ...
Rajender Jaina Vs. Prem Bhatia
Court: Delhi
Decided on: Dec-11-2014
$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO2512014 Decided on 11th December, 2014 RAJENDER JAINA Through: versus PREM BHATIA Through: ..... Appellant Mr. Rajesh Aggarwal, Adv. ..... Respondent Mr. Rishi Manchanda, Adv. CORAM: HON'BLE MR. JUSTICE A.K. PATHAK A.K.PATHAK, J.(Oral) 1. Respondent entered into a Memorandum Of Understanding dated 25 th December, 2006 (MOU) with the appellant for making an audio and video album. Terms and conditions were stipulated in the said MOU, which included an arbitration clause. Disputes arose between the parties regarding execution of work. Appellant invoked arbitration clause and nominated Mr. B.P. Lathwal as sole Arbitrator to adjudicate the disputes. Appellant filed statement of claim before the arbitrator. Respondent filed reply as well as counter claim. However, respondent challenged the jurisdiction of arbitrator to adjudicate the disputes, inter alia, on the ground that arbitrator was nominated without his consent, thus, such an appoint...
Deepanshu @ Amit Kumar and Ors Vs. The State and Anr
Court: Delhi
Decided on: Dec-11-2014
$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4335/2014 DEEPANSHU @ AMIT KUMAR & ORS Through ..... Petitioners Mr. Pankaj Kumar, Advocate with petitioners. versus THE STATE & ANR ..... Respondents Through Ms. Nishi Jain, Additional Public Prosecutor. Sub Inspector Shabbir Ahmed, P.S. Sangam Vihar. Mr. Rahul Goyal, Advocate with complainant. 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.326/2013 registered at Police Station Sangam Vihar on 30.07.2013 under Sections 498-A/406/34 IPC, 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, and Mr. Rahul Goyal, Advocate for respondent No.2/ complainant, enter appearance and accept notice. The complainant, who is present in person, is also identified by the Investigating Officer Sub-Inspector Shabbir Ahmed, Police Station Sangam ...
Rohit Trikha and Ors Vs. State (Govt of Nct of Delhi) and Anr
Court: Delhi
Decided on: Dec-11-2014
$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4975/2014 ROHIT TRIKHA & ORS Through: ..... Petitioner Mr. Puneet Bajaj and Mr. Amit Bajaj, Advocates with petitioners in person. versus STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents Through: Mr. P.K. Mishra, APP for the State with SI Anju Tyagi, PS Tilak Nagar. Mr. R.K. Tyagi, Advocate for R-2 with R-2 in person. CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % ORDER1112.2014 Crl. M.A. 17052/2014 (for exemption) Exemption, as prayed for, is allowed, subject to all just exceptions. The application stands disposed off. CRL.M.C. 4975/2014 1. This petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.79/2014 registered under Sections 498A/406/34 IPC at Police Station Tilak Nagar on 21st January, 2014 on the ground that the matter has been amicably settled between the parties.2. Issue notice. Mr. P.K. Mishra, Additional Public Prosecutor and Mr. R.K. Tyagi, Advocate enter appearance and accept notice o...
Kuldeep Kaur and Ors Vs. Jai Parkash and Ors
Court: Delhi
Decided on: Dec-11-2014
$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision 11.12.2014 + MAC.APP. 767/2010 KULDEEP KAUR & ORS Through ..... Appellants Mr. O.P. Mannie, Adv. versus JAI PARKASH & ORS Through ..... Respondents Mr. A.K. Soni, Adv. for Mr. Pradeep Gaur, Adv. for R-2. Ms. Neelam Singh, Adv. for R-3. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1. The present appeal is filed seeking enhancement of compensation as per award dated 21st February, 2009. The brief facts which led to filing of the claim petition are that the deceased Kanwaljeet Singh was travelling alongwith the other co-passengers in a Maruti car. They were coming from Rohtak side towards Delhi. At Jakhoda village, the Maruti car was hit by a Tata Sumo said to be driven in a rash and negligent manner. The maruti car was also said to be driven by its driver in a rash and negligent manner. The deceased Kanwaljeet Singh and two other occupants of maruti car sustained fatal injuries.2. Based on the evidence on the ...
New India Assurance Co Ltd Vs. Amar Sharma and Ors
Court: Delhi
Decided on: Dec-11-2014
$~8 & 9 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:11. 12.2014 + MAC.APP. 477/2011 NEW INDIA ASSURANCE CO LTD Through versus AMAR SHARMA & ORS Through + ..... Appellant Mr. Manish Kaushik, Adv. for Mr. K.L. Nandwani, Adv. ..... Respondents Mr. S.N. Parashar & Ms. Monika, Advs. for R-1 to 3. MAC.APP. 947/2011 AMAR SHARMA & ORS ..... Appellants Through Mr. S.N. Parashar & Ms. Monika, Advs. versus NEW INDIA ASSURANCE CO LTD & ORS ..... Respondents Through Mr. Manish Kaushik, Adv. for Mr. K.L. Nandwani, Adv. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1. These are two appeals. MAC.APP. No.477/2011 is filed by the appellant Insurance Company seeking to set aside the award dated 10.02.2011. MAC.APP.No.947/2011 is filed by the claimants seeking enhancement of the compensation awarded. MAC.APP. 477/2011 2. The present appeal is filed by the appellant insurance company. The brief facts which led to the filing of the claim petition is that the deceased Mac.App.47...
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