Delhi Court March 2014 Judgments
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Eeran Chawla, New Delhi Vs. Vivekanand Co-operative Group Housing Soci ...
Court: Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi
Decided on: Mar-18-2014
NP. Kaushik, Judicial Member 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 purpose ...
Cce, Delhi Vs. M/S. Premiere Color Cartons Pvt. Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Principal Bench New Delhi
Decided on: Mar-18-2014
Archana Wadhwa, J. 1. Being aggrieved with the order passed by Commissioner (Appeals), revenue has preferred the present appeal. I have heard Shri B.B. Sharma, learned AR appearing for the revenue, and Shri H. Bajaj learned advocate appearing for the respondent. 2. As per facts on record the respondent is engaged in the manufacture of Premier Color Cartons. Their factory was visited by the officers on 23.08.2006 and verifications were made. It was found that another factory in the name of M/s. Pearl Pact, being proprietor unit of Smt. Ramesh Gupta, mother of the director of the respondent company was also engaged in the manufacture of identical goods. It turned out that M/s. Pearl Pack stopped their manufacturing operation in the year 2005-06. 3. Based upon the statements recorded during the course of investigation, proceedings were initiated against the respondent alleging that they were clearing their final product in the name of M/s. Pearl Pack. As such duty was proposed to be c...
Commissioner of Central Excise Vs. M/S. Jindal Steel and Power Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Principal Bench New Delhi
Decided on: Mar-18-2014
Archana Wadhwa, J. 1. Being aggrieved with the order passed by Commissioner (Appeals), Revenue has filed the present appeal. 2. After hearing both sides, I find that the respondents are providing renting of immovable property services and are discharging their Service Tax liability accordingly. However in the month of March, 2012, they were required to pay service tax to the tune of Rs. 2,96,032/- which they paid. In addition, as per the appellant, by mistake they took into consideration some bills of the service provider and inadvertently paid service tax of Rs. 12,60,145/- which they were not required to pay. Subsequently on realizing the said mistake they claimed the refund of the same. The said refund claim was rejected by the Assistant Commissioner but on appeal, Commissioner (Appeals) allowed the same. Hence, the present appeal by the Revenue. 3. It is seen that Revenues contention is that said deposit of Rs.12,60,145/- by the respondent was on account of some inadmissible Cenvat...
M/S. Shri Lal Mahal Ltd Vs. Commissioner of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Principal Bench New Delhi
Decided on: Mar-18-2014
Archana Wadhwa, J. 1. Both the appeals are being disposed of by a common order as the issue involved is identical. 2. After hearing both the sides, I find that the dispute relates to the refund of Service Tax paid on various services like clearing and forwarding agency, test analysis warehousing storage and CHA service in terms of provision of notification No. 17/2009 -ST dated 7.7.09 3. On going through the impugned order, I find that lower authorities have rejected the refund claim on the ground that CHA should not have paid the service tax on the entire amount including the statutory levies and the reimbursable expenses etc. as also on the ground that whereas services stand provided by various agencies, invoices stand issued by other agencies acting on behalf of the service provider and the service recipient. 4. I find that the legal issue are no more res integra and stand decided by following decisions of the Tribunal: 1. Neelav Jaiswal vs. CCE Allahabad [AIT-2013-135-CEST...
M/S. Ashiana Cargo Services Vs. Commissioner of Customs (iandg)
Court: Delhi
Decided on: Mar-14-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:12. 03.2014 Pronounced on:14. 03.2014 + CUS.AA.24/2012, C.M. APPL. 19694/2012 M/S. ASHIANA CARGO SERVICES ..Appellant Through: Sh. C. Hari Shankar and Sh. S. Sunil, Advocates. Versus COMMISSIONER OF CUSTOMS (I&G) ..Respondent Through: Sh. Kamal Nijhawan, Sr. Standing Counsel with Sh. Dinesh Patel, Advocate. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.V. EASWAR MR. JUSTICE S. RAVINDRA BHAT % 1. This appeal challenges an order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), by which the CESTAT upheld the revocation of the license of the appellant under the Custom House Agents Licensing Regulations, 1984.2. The brief facts are that the appellant had obtained its Custom House Agents (CHA) License in terms of the Custom House Agents Licensing Regulations, 1984 which was subsequently replaced in CUS.A.A.24/2012 Page 1 2004. Sometime in 2003, at the request of one M/s. V.K. International, G Cards ...
Radhey Shyam Vs. the State
Court: Delhi
Decided on: Mar-14-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI % CRL.A. No.471/2003 Date of Decision:14. h March, 2014 + # ! CHARAN SINGH .....Appellant Through: Mr. Ajay Verma, Advocate versus $ STATE ..... Respondent Through: Mr. Sanjay Lao, APP AND % # ! CRL.A.No.555/2003 ASHOK @ LALA .....Appellant Through: Ms. Saahila Lamba, Advocate versus $ STATE ..... Respondent Through: Mr. Sanjay Lao, APP AND % # ! CRL.A. No.781/2003 RADHEY SHYAM .....Appellant Through: Mr. Aman Nandrajog, Advocate versus $ THE STATE .....Respondent Through: Mr. Sanjay Lao, APP * CORAM HON'BLE MR. JUSTICE P.K.BHASIN HON'BLE MR. JUSTICE V.P. VAISH JUDGMENT P.K. BHASIN, J: By way of these appeals the three appellants have assailed the judgment dated 22nd April, 2003 passed by the learned Additional Sessions Judge holding all of them guilty of committing murder of one Raj Bansi on 17th May, 1999 as well as the order dated 14th May, 2003 whereby they have been directed to undergo imprisonment for life and also to pay a fine of Rs. 5,...
Standard Chartered Bank Vs. Raghubir Saran Charitable Trust
Court: Delhi
Decided on: Mar-14-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: February 17, 2014 Judgment Delivered on: March 14, 2014 % + RFA3192005 STANDARD CHARTERED BANK ..... Appellant Represented by: Mr.Sumit Bansal and Ms.Richa Oberoi, Advocates versus RAGHUBIR SARAN CHARITABLE TRUST ..... Respondent Represented by: Mr.T.K.Ganju, Senior Advocate instructed by Mr.Ranvir Singh and Mr.Robin Raju, Advocates RFA(OS) 105/2013 RAGHUBIR SARAN CHARITABLE TRUST ..... Appellant Represented by: Mr.T.K.Ganju, Senior Advocate instructed by Mr.Ranvir Singh and Mr.Robin Raju, Advocates versus STANDARD CHARTERED GRINDLAYS BANK & ANR. ..... Respondents Represented by: Mr.Sumit Bansal and Ms.Richa Oberoi, Advocates CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE JAYANT NATH PRADEEP NANDRAJOG, J.1. Raghubir Saran Charitable Trust (hereinafter referred to as the Trust) owned two properties bearing municipal No.6143, Block-E, Circus-D, Connaught Place, New Delhi and 6149 Block-E, Circus-D, Connaugh...
Shibu Semol Vs. the State (Govt. of Nct of Delhi)
Court: Delhi
Decided on: Mar-14-2014
$-7 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :14. h MARCH, 2014 + CRL.A.983/2011 & CRL.M.A.No.3344/2014 SHIBU SEMOL Through : ..... Appellant Ms.Indermeet Sidhu, Advocate with Mr.Parikshit Mahipal, Advocate. versus THE STATE (GOVT. OF NCT OF DELHI) ..... Respondent Through : Mr.Lovkesh Sawhney, APP. CORAM: HONBLE MR. JUSTICE S.P.GARG S.P.Garg, J.(Open Court) 1. By a judgment dated 15.07.2010 in Sessions Case No.53/2009 arising out of FIR No.543/2005 PS Kalyan Puri, Shibu Semol (the appellant) was convicted under Sections 452/307/506 IPC. By an order on sentence dated 19.07.2010, he was awarded RI for three years with fine ` 2,000/- under Section 452 IPC; RI for seven years with fine `20,000/- under Section 307 IPC and RI for one year under Section 506 IPC. Allegations against him were that on 18.10.2005 at about 11.45 A.M. at house No.F-73, Gali No.2, East Vinod Nagar, Delhi, he fired twice with a country-made pistol at the victim Richa in an attempt to murder her. The tri...
Kusum Sahni Pvt Ltd Vs. National Insurance Co Ltd
Court: Delhi
Decided on: Mar-14-2014
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment Reserved on : March 04, 2014 Judgment Pronounced on:March 14, 2014 RFA(OS) 97/2013 KUSUM SAHNI PVT LTD Represented by: ..... Appellant Mr.Sanjeev Anand, Advocate with Mrs.Kajal Chandra, Mr.Arush Khanna and Ms.Prachi Gupta, Advocates versus NATIONAL INSURANCE CO LTD Represented by: ..... Respondent Mr.Yogesh Malhotra, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.1. The present Regular First Appeal is filed under Section 96 of the Code of Civil Procedure read with Section 10 of the Delhi High Court Act, 1966 challenging judgment and decree dated May 28, 2012 passed by the learned Single Judge of this court. The plaint is filed stating that the appellant is carrying on business from various tin sheds located in the Industrial Complex of Okhla Industrial Estate, Phase-I, Delhi and is engaged in the business of hand block printing, screen printing, manufacture of fashion accesso...
Saurav Kumar Garg Vs. State
Court: Delhi
Decided on: Mar-14-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: March 14, 2014 + BAIL APPLN. 592/2014 SAURAV KUMAR GARG Through: Mr. Vivek Aggarwal, Adv. ..... Petitioner versus STATE ..... Respondent Through: Mr. Pramod Saxena, APP. Mr. Y.R. Sharma, Adv. for complainant. Insp Arunender Singh, P.S. Adarsh Nagar. CORAM: HON'BLE MS. JUSTICE VEENA BIRBAL VEENA BIRBAL, J.CRL.M.A.4383/2014 (exemption) Exemption as prayed for is allowed, subject to just exceptions. BAIL APPLN. 592/2014 1. This is an application for anticipatory bail filed on behalf of petitioner-Saurav Kumar Garg i.e., brother in law (Devar) of the deceased Pooja Garg. Petitioner is seeking anticipatory bail in respect of FIR no.95/2014 u/s 498A/304B/34 IPC P.S.Adarsh Nagar. In the aforesaid FIR, there are three more accused persons namely Sandeep Garg, Mr.Surinder Garg and Smt.Padma Garg being husband, fatherin-law and mother-in-law of the deceased respectively.2. The marriage of the deceased with Sandeep Garg was solemnised on...
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