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Delhi Court March 2014 Judgments

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Mar 20 2014

Anchor Electricals (P) Ltd Vs. Commissioner Sales Tax

Court: Delhi

Decided on: Mar-20-2014

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI % DECIDED ON:20. 03.2014 + ST.APPL. 45/2012 ANCHOR ELECTRICALS (P) LTD Through: ..... Petitioner Mr.Aseem Mehrotra, Adv. versus COMMISSIONER SALES TAX Through: ..... Respondent Mr.V.K.Tandon, Adv. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.V. EASWAR MR. JUSTICE S.RAVINDRA BHAT (OPEN COURT) 1. Admit.2. The following question of law arises for consideration:3. Did the Tribunal fall into an error in interpreting Entry 40 Schedule-III of the Delhi Value Added Tax Act, 2004 in holding that the HSN/CET nomenclature indicated in the circulars issued by the tax authorities on 16.09.2005, 17.02.2006 and 20.03.2006 would prevail in respect of classification of the article in question.4. The appellant (hereinafter referred to as the dealer) manufactures various categories of cables including industrial cables. St.Appl.45/2012 Page 1 It is contended that these articles were properly classifiable under Entry No.40 to the Schedule...


Mar 20 2014

Commissioner Service Tax Vs. L.R. Sharma

Court: Delhi

Decided on: Mar-20-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI % DECIDED ON:20. 03.2014 + CEAC202014 COMMISSIONER SERVICE TAX ..... Petitioner Through: Ms. Sonia Sharma, Sr. Standing Counsel. versus L.R. Sharma ..... Respondent Through: Mr. J.K. Mittal with Mr. Vipul Dubey, Advocates. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.V. EASWAR MR. JUSTICE S.RAVINDRA BHAT (OPEN COURT) 1. This is an appeal against an order of the Central Excise and Service Tax Appellate Tribunal (CESTAT), which accepted the assessees objections to an order authorizing the filing of an appeal under Section 86(2) of the Finance Act, 1994 (the Act). Section 86 introduced the facility of an appeal to the CESTAT, stating:Appeals to Appellate Tribunal.86. (1) Any assessee aggrieved by an order passed by a Commissioner of Central Excise under section 73 or section 83A or an order passed by a Commissioner of Central Excise (Appeals) under section 85, may appeal to the Appellate Tribunal against such order. CEAC202014...


Mar 20 2014

Amar Singh Rana Vs. Pramod Kumar Sharma

Court: Delhi

Decided on: Mar-20-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of decision: March 20, 2014 CRL.L.P. 510/2012 AMAR SINGH RANA Through: Mr.L.S.Solanki, Adv. ..... Petitioner Versus PRAMOD KUMAR SHARMA. ..... Respondents Through: Mr. S.S.Ray, Ms.Rakhi Ray & Mr.Vaibhav Gulia, Advs. CORAM: HON'BLE MS. JUSTICE VEENA BIRBAL VEENA BIRBAL, J.CRL.L.P. 510/2012 Heard. Leave is granted. Registry is directed to number the petition as criminal appeal. CRL.A. No /2014 (Registry to number it) 1. Admit.2. With the consent of the parties, appeal is taken up for final disposal.3. The appellant has filed the present appeal challenging the order dated 24.5.2012 passed by the ld.M.M. in CC No.953/2001 by which complaint u/s 138 of the Negotiable Instruments Act, 1881 (in short referred to as `the Act) filed by Shri Amar Singh(since deceased) against the respondent, has been dismissed for want of prosecution.4. The facts alleged in the complaint u/s 138 of the Act are that on Page 1 of 4 10.3.2002 respondent/accused had...


Mar 19 2014

Sanjay and ors. Vs. State (Nct of Delhi)

Court: Delhi

Decided on: Mar-19-2014

$-12 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :19. h MARCH, 2014 + CRL.A. 51/2011 SANJAY & ORS. ..... Appellants Through : Mr.Ankur Sood, Advocate. versus STATE (NCT OF DELHI) Through : ..... Respondent Mr.Lovkesh Sawhney, APP. SI Roshan Lal, PS Nangloi. Charan Singh and Rajesh (the victims / complainants) are present in person. CORAM: HONBLE MR. JUSTICE S.P.GARG S.P.Garg, J.(Open Court) 1. Sanjay (A-1), Sandeep (A-2) and Rinku (A-3) were held guilty and convicted by a judgment dated 16.11.2010 in Sessions Case No.517/06 arising out of FIR No.1014/05 PS Nangloi for committing offences under Sections 308/34 IPC. By an order on sentence dated 19.11.2010, they were awarded RI for one year with fine ` 1,000/- each.2. Allegations against the appellants were that on 11.10.2005 at about 09.30 P.M., they in furtherance of common intention inflicted injuries to Charan Singh and Rajesh. During the course of investigation, statements of the witnesses conversant with the facts were rec...


Mar 19 2014

Commodore T S Khurana and anr. Vs. Vice Admiral I S Khurana (Retd.) an ...

Court: Delhi

Decided on: Mar-19-2014

* % IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on : January 20, 2014 Judgment Pronounced on : March 19, 2014 + RFA (OS) 12/2011 COMMODORE T S KHURANA & ANR. .....Appellants Represented by: Mr.Vijay K.Gupta, Advocate with Mr.Mehul Gupta, Advocate versus VICE ADMIRAL I S KHURANA (RETD.) & ORS. .....Respondents Represented by: Mr.Manish Sharma, Advocate with Ms.Shivanshi Gupta, Advocate for R-1 Ms.Kanchan Kaur Dhodi, Advocate for R-2 Mr.K.P.Mavi, Advocate for R-3 CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR.JUSTICE JAYANT NATH PRADEEP NANDRAJOG, J.1. The dispute in the present appeal is between the children of Late Dr.Pooran Singh (hereinafter referred to as the Deceased). The genealogy tree of the family of Late Dr.Pooran Singh is as under:Dr.Pooran Singh I (Jaswant Kaur) wife I -------------------------------------------------------------------------------------I I I I I T.S. Khurana Jasbir Kaur Inderjit Singh Manjit Singh Manmohan Singh (Son) (Dauther) (Son) (...


Mar 19 2014

Hari Om Maheshwari Vs. M/S. Ge Capital Transportation Financial Servic ...

Court: Delhi

Decided on: Mar-19-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: March 19, 2014 + RFA (OS) 59/2014 HARI OM MAHESHWARI Represented by: ..... Appellant Mr.Manish Vashisht, Advocate with Mr.Sameer Vashisht, Advocate versus M/S. GE CAPITAL TRANSPORTATION FINANICAL SERVICES LTD. Represented by: None ..... Respondent CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE JAYANT NATH PRADEEP NANDRAJOG, J.CM No.4577/2014 Allowed subject to just exceptions. CM No.4578/2014 For the reasons stated in the application the same is allowed. RFA (OS) No.59/2014 1. Vide impugned decision dated December 19, 2013, CS(OS) No.1062/1997 filed by the appellant has been dismissed on the reasoning that the award dated August 22, 2003 which was inter-se the parties having been made a Rule of the Court by a learned Single Judge of this Court which decision was upheld by the Division Bench and the Supreme Court having declined to grant Special Leave to Appeal, had concluded the issue which was raised in th...


Mar 19 2014

Arvind Kumar Vs. State

Court: Delhi

Decided on: Mar-19-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:19. h March, 2014 + CRL.A. 923/2011 ARVIND KUMAR Through: ..... Appellant Ms. Dimple Vivek, Advocate versus STATE + Through: ..... Respondent Ms.Richa Kapoor, Additional Public Prosecutor Through: ..... Appellant Sh. Pramod Kumar Dubey, Advocate CRL.A. 927/2011 ROHIT TYAGI versus STATE Through: ..... Respondent Ms.Richa Kapoor, Additional Public Prosecutor % CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HONBLE MS. JUSTICE SUNITA GUPTA JUDGMENT : SUNITA GUPTA, J.1. Challenge in these appeals is to the judgment dated 2 nd May, 2011 and order on sentence dated 7th May, 2011 passed by learned Additional Sessions Judge, North, Delhi in Sessions Case No.78/2010 arising out of FIR No.111/2009, PS Timarpur whereby both the appellants were convicted u/s 302/34 IPC and were sentenced to undergo imprisonment for life and were directed to pay a sum of Rs.1 lac each as fine, in default of payment of fine, to undergo simple imprisonment for thr...


Mar 19 2014

Juber Khan @ Guddu Vs. State

Court: Delhi

Decided on: Mar-19-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON : March 13, 2014 DECIDED ON : March 19, 2014 + CRL.A. 743/2011 & CRL.M.B.No.467/2014 JUBER KHAN @ GUDDU Through : ..... Appellant Mr.Harihar Guin, Advocate. versus STATE Through : + ..... Respondent Mr.Lovkesh Sawhney, APP. CRL.A. 833/2011 SHRAVAN @ SONU Through : ..... Appellant Mr.Vivek Sood, Advocate. versus STATE NCT OF DELHI Through : + ..... Respondent Mr.Lovkesh Sawhney, APP. CRL.A. 851/2011 & CRL.M.B.No.292/2014 GURMEET SINGH @ SITU Through : ..... Appellant Mr.Rajpal Rai Dua, Advocate. versus STATE Through : Crl.A.No.743/2011 & connected appeals ..... Respondent Mr.Lovkesh Sawhney, APP. Page 1 of 9 + CRL.A. 622/2011 & CRL.M.B.No.216/2014 SONU @ RANJHA Through : ..... Appellant Ms.Rakhi Dubey, Advocate. versus STATE Through : ..... Respondent Mr.Lovkesh Sawhney, APP. CORAM: MR. JUSTICE S.P.GARG S.P.GARG, J.1. Juber Khan @ Guddu (A-1), Shravan @ Sonu (A-2), Gurmeet Singh @ Sitoo (A-3) and Sonu @ Ranjha (A-4) challenge the cor...


Mar 19 2014

Jafar Ali Vs. State Nct of Delhi

Court: Delhi

Decided on: Mar-19-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:11. 03.2014 Date of Decision:19. 03.2014 + CRL.A. 896/2013 ..... Appellant SATPAL MANN Through: Mr Mukesh Kalia, Adv. versus STATE + ..... Respondent Through: Mr Feroz Khan Ghazi, APP CRL.A. 1140/2013 ..... Appellant SHAFI ISLAM Through: Ms Saahila Lamba, Adv. Versus STATE (GOVT. OF NCT) DELHI ..... Respondent Through: Mr Feroz Khan Ghazi, APP And + CRL.A. 1285/2013 ..... Appellant JAFAR ALI Through: Mr Inderjeet Sidhu, Adv. versus STATE NCT OF DELHI ..... Respondent Through: Mr Feroz Khan Ghazi, APP CORAM: HON'BLE MR. JUSTICE V.K. JAIN JUDGEMENT V.K. JAIN, J.On 07.09.2010, at about 3.30 PM, Head Constable Baljit Singh of Crime Branch, Sector 18, Rohini, received a secret information that three persons, namely, Ganesh, Jafar Ali and Shafi Islam had been obtaining Ganja from Orissa, booked in parcels sent through post office, in connivance with the Satpal Mann, postman of Post Office Burari and that at about 5-6 PM, they would receiv...


Mar 19 2014

Purform Limited Vs. Ok Play India Ltd. and anr.

Court: Delhi

Decided on: Mar-19-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Order delivered on: March 19, 2014 O.M.P. No.254/2014, I.A. Nos.4543/2014 & 4762/2014 PURFORM LIMITED Through ..... Petitioner Mr.Kamal Sawhney, Adv. with Mr.Radhuvendra Singh, Adv. versus OK PLAY INDIA LTD & ANR ..... Respondents Through Mr.Rajshekhar Rao, Adv. with Mr.Kapil Wadhwa & Mr.Atul Shankar Vinod, Advs. for R-1. Respondent No.2 already given up. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.(ORAL) 1. By this order, I propose to decide the abovementioned petition under Section 9 of the Arbitration and Conciliation Act, 1996 (in short, called the Act) filed by the petitioner.2. Brief facts of the case are that the petitioner entered into an agreement dated 4th July, 2008 with respondent No.1 in Delhi whereby the petitioner granted to said respondent, inter-alia, (a) an exclusive license to use the petitioners intellectual property rights and know-how to manufacture and distribute the licensed products, such as, mannequ...


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