Delhi Court February 2014 Judgments
Home Cases Delhi 2014 Page 38 of about 540 results (0.022 seconds)Shri Baldev and ors. Vs. Sh. Mange Lal (Since Decd.Thr. L.Rs) and anr.
Court: Delhi
* IN THE HIGH COURT OF DELHI AT NEW DELHI + RSA No.105/2008 % 11th February, 2014 SHRI BALDEV & ORS. ......Appellants Through: Mr. Pravir K. Jain, Advocate. VERSUS SH. MANGE LAL (SINCE DECD.THR. L.RS) & ANR. ...... Respondents. Through: Mr. Manoj Lahot, Adv. for R-1A to 1F CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) CM No.7042/2008 (delay in refiling) 1. For the reasons stated in the application, delay of 34 days in filing of the appeal is condoned. CM stands disposed of. RSA1052008 2. This regular second appeal impugns the concurrent judgments of the courts below; of the trial court dated 14.9.2005 and the first appellate court dated 26.11.2007; by which the suit of the appellants-plaintiffs claiming the reliefs of possession, mesne profits and injunction was dismissed.3. The disputes in the present case pertain to the property bearing No.D- 25( old No.RZ-D1/38) situated at Sitapuri, Dabri, Delhi. Appellants- plaintiffs c...
Tag this Judgment!M/S. Bch Electric Ltd. Vs. C. C.E., Delhi-iv
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Principal Bench New Delhi
Archana Wadhwa, J. 1. After dispensing with the condition of pre-deposit of duty and penalty, I proceed to decide the appeal itself in as much as the issue stands covered by the earlier decisions of the Tribunal in the appellants own case. 2. The appellants are engaged in the manufacture of various motor vehicle parts and are availing CENVAT credit of duty paid on the inputs. As some of the inputs are slow moving/non-moving items, the same are reflected in the balance-sheet as œprovision for obsolescence?. Revenue entertained a view that such inputs have been œwritten-off? by the appellants and initiated proceedings for denial of CENVAT credit involved therein. 3. The appellants during the course of adjudication as also before the appellate authority produced certificates from Chartered Accountant as also from Chartered Engineer in support of their contention that such inputs were not completely written-off and the usage of the expression œprovision for obsolescence? ...
Tag this Judgment!Cce, Raipur Vs. M/S. Narmada Drinks (P) Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Principal Bench New Delhi
G. Raghuram, J. 1. The petitioner is the assessee; and the respondent in the appeal preferred by Revenue against the order dated 23.3.2012 passed by the Commissioner (Appeals-I), Customs and Central Excise, Raipur. This order reverses the adjudication order dated 16.3.2011 passed by the Additional Commissioner, Raipur. The primary Authority confirmed service tax demand of Rs.9,65.507/- besides interest and penalty as stipulated, on the ground that the assessee had provided transportation of goods by road service. The appellate Authority concluded that the levy of service tax on delivery charges collected from the customers by engaging their own truck/carrier is not sustainable, particularly since the assessee had already remitted service tax on freight/delivery charges paid to the transporters/third party; and no further tax liability arises for the period in issue. Consequently, imposition of penalty and recovery of interest does not arise, ruled the appellate authority. 2. By this ap...
Tag this Judgment!Harsh Anil Vasant Vs. C.C., New Delhi
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Principal Bench New Delhi
D.N. Panda, J. 1. Filing appeal on 08/06/2012 against order of adjudication dated 31/08/2010, the appellant stated in his appeal memo that the impugned order was served on him on 04.03.2012. Along with the same, he also filed an application for condonation of delay without stating number of days of delay in such application. Number of days of delay was left blank in the application. It was averred in the application that: A. That the Department did not supply copy of the certified copy of the adjudication order until 04/03/3012 for which the appellant ran from pillar to get the certified copy of the impugned order to file the appeal. B. The Department did not supply various documents relating to adjudication proceeding. C. Various communications were addressed to the Commissioner, ICD for the supply of the documents and one such application was as per Annexure A to the application. D. Appellant came in appeal before Tribunal as soon as he received the impugned order. But registry asked...
Tag this Judgment!Rajesh @ Prem @ Pawan Vs. State (Govt. of Nct) Delhi
Court: Delhi
+* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on:05. 02.2014 Date of Decision:10. 02.2014 Crl. Appeal 286/2013 + RAJESH @ PREM @ PAWAN ..... Petitioner Through: Mr. Saurabh Kansal, Adv. for Ms Pallavi Kansal, Adv. versus STATE (GOVT. OF NCT) DELHI Through: ..... Respondent Mr Feroz Khan Ghazi, APP CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.On 20.10.2009, on receipt of copy of DD No.25A, SI Naresh Kumar of Police Station Maurya Enclave went to TU-70, Pitampura, where the complainant Mahavir Saini met him and lodged a complaint. Ex.PW-8/A Shri Mahavir Saini stated that on the aforesaid date, he along with his colleague Ramesh Mittal. was taking cash kept in two bags, to the place of his employer Shri Vijay Pal Garg on a motorcycle, from Wazirpur. He further stated that on reaching the house of the employer at TU-70, Pitampura at about 7.50 PM and stopped the vehicle there. Suddenly, three persons came there on a Pulsar motorcycle and two persons came on a s...
Tag this Judgment!Ashok Vs. State Nct of Delhi
Court: Delhi
$-16 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :10. h FEBRUARY, 2014 + CRL.A. 419/2012 & CRL.M.B. 318/2014 ASHOK ..... Appellant Through : Mr.Vimal Puggal, Advocate. versus STATE NCT OF DELHI Through : ..... Respondent Mr.M.N.Dudeja, APP. CORAM: HONBLE MR. JUSTICE S.P.GARG S.P.Garg, J.(Open Court) 1. Ashok (the appellant) was charge-sheeted for committing offence under Section 308/34 IPC in Sessions Case No.02/09 arising out of FIR No.407/08 PS Patel Nagar. Allegations against him were that on 02.10.2008 at about 09.00 P.M. near House No.3025, Ranjit Nagar, New Delhi, he along with his two associates Chand and Suraj (both juveniles), in furtherance of common intention caused injuries to Pramod with a wooden stick. Daily Diary (DD) No.39 (Ex.PW-10/A) was recorded on getting information from Police Control Room (PCR) at 10.10. P.M. at PS Patel Nagar. PCR had taken the injured to Deen Dayal hospital for medical examination. MLC (Ex.PW-9/A) was proved and the injuries on the bod...
Tag this Judgment!State Vs. Naresh and ors
Court: Delhi
* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL. L.P. NO.367/2012 STATE Through: ..... Petitioner Mr. Narender Kumar Choudhry, APP. versus NARESH & ORS Through: ..... Respondents Mr. B.S. Rana and Mr. Vijender Bhardwaj, Advocates. % Date of Decision : February 10, 2014 CORAM: HON'BLE MS. JUSTICE REVA KHETRAPAL HON'BLE MS. JUSTICE PRATIBHA RANI JUDGMENT : REVA KHETRAPAL, J.CRL. L.P. NO.367/2012 1. Leave granted.2. Registry shall register and number the Appeal. Crl. A. No._______/2013 1. This Appeal is directed against the judgment of the learned Additional Sessions Judge dated 17.12.2011 in Sessions Case No.82A/2011 acquitting the Respondents Naresh, Suresh, Nirmala, Niyadher Singh and Harnandi for the offences punishable under Section 498A IPC and 304B read with Section 34 IPC. Aggrieved by the aforesaid judgment, the State has preferred the present Appeal.2. Facts and circumstances giving rise to the Appeal are that on 28.5.2005, on receipt of DD No.14A, ASI Ishwar Dutt (PW11) reached...
Tag this Judgment!National Insurance Co Ltd. Vs. Raj Kumar and Others
Court: Delhi
$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:10. h February, 2014 MAC.APP. 35/2010 NATIONAL INSURANCE CO LTD. ..... Appellant Represented by: Mr. D.K. Sharma, Adv. versus RAJ KUMAR AND OTHERS ..... Respondents Represented by: NEMO. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. The present appeal is directed against the impugned award dated 04.09.2009, whereby Ld. Tribunal granted compensation for a sum of Rs.67,100/- with interest @ 8% per annum from the date of filing of the petition till realization of the award amount.2. Vide the present appeal the appellant has taken the sole ground that the driver of the offending vehicle was not holding valid driving licence on the date of accident, despite, Ld. Tribunal failed to grant recovery rights in favour of the appellant and against respondent nos. 2 & 3, i.e., driver and owner of the offending vehicle.3. Ld. Counsel for the appellant submits that appellant examined R3W1 Sh. Ramesh Kumar, who p...
Tag this Judgment!United India Insurance Co. Ltd. Vs. Phool Kali and ors.
Court: Delhi
$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:10. h February 2014 % + MAC.APP. 7/2013 UNITED INDIA INSURANCE CO. LTD. ..... Appellant Represented by: Ms.Suman Bagga, Ms.Shruti Shukla and Mr.Dewashish Maharishi, Advocates. Versus PHOOL KALI & ORS. Represented by: ..... Respondents Mr.Vinod Sharma, Advocate for Respondent Nos. 1 to 3. Mr.Shobhit Mittal, Advocate for Respondent No.4. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. The present appeal is preferred against the impugned award dated 07.09.2012, whereby the learned Tribunal has granted compensation for a sum of Rs.11,49,744/- with interest at the rate of 9% per annum from the date of filing the claim petition till realization of the amount.2. Brief facts of the case are that on 03.07.2009 at about 6.45 AM, a Bus bearing No.HP680946 was going from Uttar Kashi towards Gangotari in which deceased Mithwa alongwith his friends and several other passengers were travelling. All of a sudden, the b...
Tag this Judgment!M/S Jupiter Wagons Ltd. Vs. Union of India and anr.
Court: Delhi
*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:10. h February, 2014 % + LPA No.971/2013 & CM No.20515/2013 M/S TITAGARH WAGONS LTD. .. Appellant Through: Mr. Sandeep Sethi, Sr. Adv. along with Mr. Ashish Verma and Mr. Rahul Malhotra, Advs. Versus UNION OF INDIA & ORS. Through: .. Respondents Sinha, Adv. for Mr. R.V. Railways. Mr. S. Ganesh, Sr. Adv. along with Mr. P.K. Bansal, Adv. for R-3 AND + LPA No.949/2013 & CMs No.19843/2013 & 1674-76/2014 M/S JUPITER WAGONS LTD. .. Appellant Through: Mr. U. Hazarika, Sr. Adv. with Mr. Vineet Tayal & Mr. Suvradal Choudhary, Advs. Versus UNION OF INDIA & ANR. .. Respondents Through: Mr. R.V. Sinha, Adv. for Railways. Mr. S. Ganesh, Sr. Adv. along with Mr. P.K. Bansal, Adv. for R-2. CORAM :HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J1 Both intra-court appeals impugn the order dated 3rd April, 2013 of the learned Single Judge of this Court in W.P.(C) No.7695/2012 preferred by the respondent No.2 in ...
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