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Delhi Court March 2014 Judgments

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Mar 18 2014

Director of Income Tax (Exemption) Vs. Charanjiv Charitable Trust

Court: Delhi

Decided on: Mar-18-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:3. d February, 2014 Date of Decision:18. h March, 2014 % + + + ITA No.321/2013 ITA No.322/2013 ITA No.323/2013 DIRECTOR OF INCOME TAX (EXEMPTION) ..... Appellant Through: Mr. N.P. Sahni, Sr. Standing Counsel. versus CHARANJIV CHARITABLE TRUST ..... Respondent Through: Ms. Shashi M. Kapila with Mr. R.R. Maurya and Mr. Pravesh Sharma, Advocates. CORAM: MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE R.V. EASWAR R.V. EASWAR, J.1. All the three appeals have been filed by the revenue under Section 260A of the Income Tax Act, 1961. They challenge the impugned order of the Tribunal passed on 30.04.2012 in three appeals filed before it, two by the assessee relating to the assessment years 2006-07 and 2007-08 and one by the revenue relating to the assessment year 2006-07. In other appeals before the Tribunal and in respect of the assessment year 2007-08, it was the assessee which was in appeal. All the appeals were disposed of by a common.2. The br...


Mar 18 2014

Commissioner of Income Tax-xvi Vs. K. Ramakrishnan

Court: Delhi

Decided on: Mar-18-2014

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:18. h March, 2014 % + ITA1142014 & CM Appl.4959/2014 (delay) COMMISSIONER OF INCOME TAX-XVI ..... Appellant Through Ms Suruchi Aggarwal, sr. standing counsel versus K. RAMAKRISHNAN Through ..... Respondent CORAM: HONBLE MR. JUSTICE S. RAVINDRA BHAT HONBLE MR. JUSTICE R.V.EASWAR S. RAVINDRA BHAT, J.: (OPEN COURT) The revenue claims to be aggrieved by the order dated 17.5.2013 of the Income Tax Appellate Tribunal (ITAT). The revenues appeal questioning the deletion of Rs.55,72,612/- by the CIT(Appeals) was dismissed. It is urged that the findings of the Tribunal, in effect upholding the assessees contention that the amount sought to be taxed was in fact a long term capital gain is not justified. The learned counsel invited our attention to the provisions concerned i.e. section 54EC and submitted that given the circumstance of the case especially the relevant dates set out in para 7 of the impugned order, it could not be sai...


Mar 18 2014

Parkash Chand Vs. State

Court: Delhi

Decided on: Mar-18-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:21. t February, 2014 Pronounced on:18. h March, 2014 + CRL. A. 342/1999 PARKASH CHAND ..... Appellant Through Mr. Haneef Mohammad, Mr. Kishor Behuria & Ms. Harpreet Kaur, Advocates versus STATE ..... Respondent Through Mr. Rajat Katyal, APP CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE G.P. MITTAL JUDGMENT G.P. MITTAL, J.1. After having been convicted for the offence punishable under Section 364A of the Indian Penal Code, 1860 (IPC) in Sessions Case No.59/96 arising out of FIR No.222/95 and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/-, the appellant has approached this Court by way of the instant appeal.2. The appellant and one Virender Singh (since deceased) faced trial for the earlier said offence for having kidnapped a child Nitin, aged 3 years and demanded a ransom of Rs. 5 lakh from PW4 (father of the kidnapped child) for release of the child. The complainant (PW4) and his brother S...


Mar 18 2014

United India Insurance Co. Ltd. Vs. Rekha and ors.

Court: Delhi

Decided on: Mar-18-2014

$~R18 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:18. h March, 2014 % + MAC.A.871/2006 UNITED INDIA INSURANCE CO. LTD. ..... Appellant Represented by: Mr. Pankaj Seth, Adv. Versus REKHA AND ORS. ..... Respondents Represented by: NEMO. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. The present appeal has been preferred against the impugned award dated 03.08.2006, whereby Ld. Tribunal has awarded compensation for an amount of Rs.5,00,000/- with interest @ 7.5% per annum from the date of filing of the Claim Petition till realization of the amount.2. Ld. Counsel appearing on behalf of the appellant submits that the offending vehicle was a private car (TATA SUMO) and was being used as a commercial vehicle at the time of accident. To this effect, R3W2, Sh. Ajit Singh, Investigator of the insurance company has filed his report dated 27.01.2003 on the basis of the statements of the passengers travelling in the offending vehicle.3. Ld. Counsel further submit...


Mar 18 2014

Devinder Singh Vs. Indian Railway Catering and Tourism Co. Ltd. Throu

Court: Delhi

Decided on: Mar-18-2014

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:18. 03.2014 + W.P.(C) 2122/2012 DEVINDER SINGH ..... Petitioner versus INDIAN RAILWAY CATERING AND TOURISM CO. LTD THROUGH ITS MANAGING DIRECTOR & ANR ..... Respondents Advocates who appeared in this case: For the petitioner: Mr Anand Vardhan Sharma & Mr V.S. Vashudev, Advs. For the respondents: Mr S.K. Singh, Adv. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J1 Pithily put, the petitioners grievance is that, despite, having cleared written examination and, thereafter, having been called for an interview by the respondents for the post of Assistant Manger (Tourism), he was not appointed to the said post. 1.1 What has undisputedly emerged from the record is that the petitioner secured 81.25 marks, out of a total marks of 120 in the written examination, while in the interview he secured 7 marks, out of a total marks of 40. 1.2 In view of the this position the stand taken by the respondents is that, since t...


Mar 18 2014

M/S. Sheenu Chits Pvt. Ltd, New Delhi and Another Vs. Dharampal Katiya ...

Court: Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

Decided on: Mar-18-2014

NP. Kaushik, Judicial Member 1. This appeal is directed against the order dated 27.4.2010 passed by the Consumer Disputes Redressal Forum-III, Janakpuri, New Delhi (in short District Forum). Vide impugned orders the following directions were passed by the District Forum: œWe direct OP-1 and OP-4 to refund to the complainant the amount of Rs.92,400/- paid vide receipts placed on record by the complainant together with 10% interest from Dec., 2003 till such time the above amount is refunded to the complainant. OPs 1 and 4 shall comply with the above mentioned order within 30 days of its receipt failing which proceedings u/s 25/27 of Consumer Protection Act may be initiated against them.? 2. In brief the respondent herein was a member in the Chit Group No. S-17 for Rs.1,50,000/-. Membership came into existence in March, 2002 and the chit was matured in March, 2004. One Shri Om Prakash, who is not a party to the present appeal, but appeared in the District Forum as OP No.3 represente...


Mar 18 2014

Eeran Chawla Vs. Vivekanand Co-operative Group Housing Society Ltd.

Court: Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

Decided on: Mar-18-2014

N.P. Kaushik, Member (Judicial): 1. The appellant Ms. Eeran Chawla preferred the appeal against the impugned orders dated 17.12.2012 passed by the Consumer Dispute Redressal Forum-VI, Sheikh Sarai, New Delhi (in short District Forum). Vide said orders the complainant of the appellant was dismissed. 2. In brief, the appellant/complainant was allotted a flat bearing No.S-604 in Vivekanand Group housing society (hereinafter referred to as the `housing society. The flat was allotted in the year 1999 and the appellant got physical possession on 24.12.2000. The case of the appellant is that she pointed out several shortcomings in the flat of the housing society. She gave the key of his flat to the housing society for removing the defects and shortcomings. The said key was returned to her on 14.9.2004. Work still remain incomplete. She wrote 13 letters to the housing society. Next submission of the appellant is that she spent Rs.4500/- on essential repairs. She sold the flat and for this purp...


Mar 18 2014

Standard Chartered Bank Through Its Legal Representative, New Delhi Vs ...

Court: Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

Decided on: Mar-18-2014

NP. Kaushik, Judicial Member 1. The appellant has preferred the appeal against the impugned order dated 23.9.2011 passed by the District Forum (Central), Kashmere Gate, Delhi. Vide said order the following directions were given to the appellant by the Ld. District Forum:- "1. To inform the CIBIL that it settled all outstanding dues of the two credit cards Nos. 5543-7586-8505-4195 and 5543-7588-8502-1770 by settlement dated 31.3.2004 and received the payment of the settled amount within the stipulated period and, as such, the complainant was no more defaulter. 2. The Bank shall desist from indulging in such activity as has been suffered by the complainant and pleaded in the complaint. 3. To pay to the complainant a sum of Rs.1,00,000/- (Rupees one Lakh) for causing harassment, mental agony and pain. 4. To pay to the complainant a sum of Rs.10,000/- (Rupees Ten thousand) as cost of litigation." 2. Facts in brief are that the respondent/complainant Shri Alok Aggarwal and his wife Smt. An...


Mar 18 2014

M/S. Sheenu Chits Pvt. Ltd. and Another Vs. Dharampal Katiyal

Court: Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

Decided on: Mar-18-2014

N.P. Kaushik, Member (Judicial): 1. This appeal is directed against the order dated 27.4.2010 passed by the Consumer Disputes Redressal Forum-III, Janakpuri, New Delhi (in short District Forum). Vide impugned orders the following directions were passed by the District Forum: œWe direct OP-1 and OP-4 to refund to the complainant the amount of Rs.92,400/- paid vide receipts placed on record by the complainant together with 10% interest from Dec., 2003 till such time the above amount is refunded to the complainant. OPs 1 and 4 shall comply with the above mentioned order within 30 days of its receipt failing which proceedings u/s 25/27 of Consumer Protection Act may be initiated against them.? 2. In brief the respondent herein was a member in the Chit Group No. S-17 for Rs.1,50,000/-. Membership came into existence in March, 2002 and the chit was matured in March, 2004. One Shri Om Prakash, who is not a party to the present appeal, but appeared in the District Forum as OP No.3 repres...


Mar 18 2014

M/S. Rswm Ltd. Vs. Cce, Jaipur Ii

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Principal Bench New Delhi

Decided on: Mar-18-2014

Archana Wadhwa, J. 1. The appellant are engaged in the manufacture of manmade yarn chargeable to Central Excise duty. They avail Cenvat credit of Central Excise duty paid on inputs and capital goods used in or in relation to manufacture of their final product. For manufacture of spun yarn, the appellant received manmade/synthetic fiber on which Cenvat credit is taken. On 3/2/04 and 12/2/05, there was fire accident in the blow room, in which the raw materials in the blow room were destroyed. The appellant received insurance claims of Rs. 16,11,601/- and Rs. 38,43,080/- from M/s. United India Insurance in respect of loss of raw material suffered by them in the fire accidents on 3/2/2004 and 12/2/2005 respectively. Since, intimation regarding these fire accident had been given by the appellant to the department, departmental officers conducted enquiries and found that in these f...


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