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Delhi Court March 2014 Judgments

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Mar 06 2014

The Manager Hdfc Bank Cards Division Hdfc Bank Ltd. Vs. Dr. Ashok Kuma ...

Court: Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

Decided on: Mar-06-2014

Salma Noor, Member: 1. In a complaint case bearing No.588/13 Dr. Ashok Kumar vs. HDFC Bank Cards Division filed before District Forum(East) Saini Enclave, Delhi. 22.01.2014 was fixed for the appellant/OP1 for filing WS, which he failed to file and the District Forum closed the opportunity of filing the WS of appellant/OP1. 2. That is what brings the Appellant/OP1 in appeal before this Commission for setting aside the said ex-parte order. 3. We have heard Shri Rohit Nagpal, Counsel for the Appellant/OP1 in this appeal at the admission stage as there is no need to hear the respondent. 4. The version of the appellant/OP1 for not filing the WS on 22.1.14 is that father of the appellant counsel was suffering from a chronic disease and he was in a critical condition, so the counsel Shri Sumit Aggarwal went to Siliguri to attend him that was the reason he could not file the WS. 5. There is no plausible reason to disbelieve or not to rely and act upon this version of the appellant. Besides, it...


Mar 06 2014

M/S. Skoda Auto India Pvt. Ltd. Vs. Lata JaIn and Others

Court: Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

Decided on: Mar-06-2014

N.P. Kaushik, Member (Judicial): 1. The present appeal is directed against the impugned order dated 23.10.2010 vide which the Ld. District forum-II, Qutab Institutional Area, New Delhi passed the following directions against the Opposite Parties (hereinafter referred to as OPs): i) That OP No.1 and 2 shall refund Rs.11 lakh as the depreciated value of the car to the complainant ii) That the complainant is not liable to pay Rs.5,28,968/- to the OP No.3 iii) OPs shall pay Rs.1 lakh to the complainant as compensation for mental agony, harassment and sheer suffering together with ligitation charges. 2. Facts in brief are that the complainant Smt. Lata Jain r/o 1C/5, New Rohtak Road, New Delhi purchased a Skoda Laura vehicle from Silvertone Motors Pvt. Ltd. (OP No.2), who happened to be the authorized dealer of Skoda Auto India Pvt. Ltd., Aurangabad, Maharashtra (OP No.1). Price of the car was Rs.18,18,638/-. The car was under warranty for a period of two years. On 24.7.2008, the complainan...


Mar 06 2014

C.C., Icd, Tkd, New Delhi Vs. M/S. Krishna Metal Works

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

Decided on: Mar-06-2014

D.N. Panda, J. 1. None present for the respondent. Revenue is in appeal against order of ld. Commissioner (Appeals) who did not examine the contents of the bill of entry, relevant document accompanying such bill of entry as well as the concerned invoices to reach to his conclusion as to whether there were three machines imported or one machine imported. He simply went by Chartered Engineer's Certificate saying that either the adjudicating authority should have accepted the certificate or rejected the same. So also whether bill of entry disclosed import all three machines or one machine and the intension behind such disclosure in the bill of entry was not examined by ld. Commissioner (Appeals). 2. Revenue's grounds of appeal brought out that when three machines came and those were liable to duty the respondent was duty bound to pay duty on all the three machines. In the grounds of appeal, Revenue submits that ld. Commissioner (Appeals) without examining the provision of section 28 ...


Mar 05 2014

Real House Distillery Pvt Ltd and anr Vs. Pernod Ricard S.A. and anr

Court: Delhi

Decided on: Mar-05-2014

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment Reserved on : February19, 2014 Judgment Pronounced on: March 05, 2014 FAO(OS) 163/2010 and CM Appl.18319/2010 (cross-objections) REAL HOUSE DISTILLERY PVT LTD & ANR ..... Appellants Represented by: Mr.P.N.Mishra, Senior Advocate instructed by Ms.Mahima Sinha and Mr.Arunav Patnaik, Advocates. versus PERNOD RICARD S.A. & ANR Represented by: ..... Respondents Mr.Hemant Singh, Mr.Sachin Gupta and Ms.Shashi Ojha, Advocates. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.1. The present appeal is filed under Order XLIII Rule 1 Code of Civil Procedure read with Section 10 of the Delhi High Court Act against order dated December 15, 2009 passed by the learned Single Judge in IA No.12700/2008 filed by the respondent under Order XXXIX Rules 1 and 2 read with Section 151 CPC and IA filed by the appellant being IA No.16299/2009 under Order VII Rule 11 CPC for dismissal of the plaint on ground of l...


Mar 05 2014

Grand Vasant Residents Welfare Association Vs. Dda and ors.

Court: Delhi

Decided on: Mar-05-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on : January 10, 2014 Judgment Pronounced on : March 05, 2014 + LPA7752003 GRAND VASANT RESIDENTS WEL.ASS. .....Appellant Represented by: Mr.Arun Mohan Sr.Advocate instructed by Mr.Arvind Bhatt and Mr.Harshit Agarwal, Advocates. versus DDA & ORS. Represented by: .....Respondents Mr.Rajiv Bansal, Advocate with Ms.D.Ray Chaudhary and Mr.Anchit Sharma, Advocates for R-1. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR.JUSTICE V.KAMESWAR RAO PRADEEP NANDRAJOG, J.1. An authority known as the Delhi Development Authority was established under the Delhi Development Act, 1957. It was charged with the statutory duty of preparing a Master Plan for Delhi. It was also charged with the statutory duty of preparing the Zonal Development Plans, which included the lay-out of various colonies in Delhi. The colony of Vasant Kunj was one such colony conceived of under the Zonal Development Plans prepared by Delhi Development Authority an...


Mar 05 2014

Narender Vs. State

Court: Delhi

Decided on: Mar-05-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision:05. 03.2014 + CRL.A. 1291/2010 NARENDER Through: versus ..... Appellant Mr. Dinesh Chander Yadav, Adv. STATE Through: + ..... Respondent Mr. Feroz Khan Ghazi, APP for State CRL.A. 1292/2010 NARENDER Through: versus ..... Appellant Mr. Dinesh Chander Yadav, Adv. STATE Through: + ..... Respondent Mr. Feroz Khan Ghazi, APP for State CRL.A. 1523/2011 SONAM GAURANG Through: ..... Appellant Ms. Rakhi Dubey, Adv. versus STATE Through: ..... Respondent Mr. Feroz Khan Ghazi, APP for State CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(Oral) On 08.03.2008, ASI Om Prakash Yadav informed the Police Station Kapashera that during the course of checking, he had seen two boys snatching a Qualis bearing registration number HR38HT6812 On receipt of the information, ASI M.S. Yadav of the aforesaid police station, along with other police officials, reached the police picket, Bajgera, where ASI Om Prakash handed over to him two boys na...


Mar 05 2014

The Commissioner of Income Tax-iv Vs. Indian Vaccines Corporation Ltd.

Court: Delhi

Decided on: Mar-05-2014

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:5. h March, 2014 % + ITA5722013 THE COMMISSIONER OF INCOME TAX-IV ..... Appellant Through: Mr. Sanjeev Sabharwal, Sr. Standing Counsel with Mr. Ruchir Bhatia, Jr. Standing Counsel. versus INDIAN VACCINES CORPORATION LTD. ..... Respondent Through: Mr. Prakash Kumar with Mr. Sheel Vardhan, Advocates. CORAM: MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE R.V. EASWAR R.V. EASWAR, J.(OPEN COURT) Admit. Following question of law arises for consideration:Did the Tribunal fall into error in concluding that the interest to the tune of Rs.90,37,029/- invested through the Portfolio Management Scheme by the assessee, into which the amounts were invested, were not taxable as income from other sources?.2. In the return filed for the assessment year 1992-93, the assessee adjusted the interest income of Rs.90,37,029/- against the pre-operative expenses relating to a project. While completing the assessment, assessing officer rejected the claim ...


Mar 05 2014

Ashok Kumar Vs. State

Court: Delhi

Decided on: Mar-05-2014

$~R-35 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on:28. 02.2014. Judgment delivered on:05. 03.2014 CRL.A. 123/2006 ASHOK KUMAR Through ..... Appellant Ms.Seema Gulati and Mr. Pawan Sharma, Advs. versus STATE Through ..... Respondent Ms.Fizani Husain, APP. INDERMEET KAUR, J.1 Appellant Ashok Kumar is aggrieved by the impugned judgment and order of sentence dated 14.02.2006 and 16.02.2006 respectively wherein he had been convicted under Sections 307 and 326 of the Indian Penal Code (IPC) and had been sentenced to undergo RI for 7 years and to pay a fine of Rs.1,000/- in default of payment of fine to undergo SI for 2 months for the offence punishable under Section 307 IPC; for the offence punishable under Section 326 IPC he had been sentenced to undergo RI for 5 years and to pay a fine of Rs.1,000/- in default of payment of fine to undergo SI for two months. Sentences were to run concurrently. Benefit of Section 428 Cr.P.C. had been granted. 2 Record shows that charg...


Mar 05 2014

Smt. Rekha @ Rani and ors. Vs. Union of India

Court: Delhi

Decided on: Mar-05-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO No.274/2012 5th March, 2014 % SMT. REKHA @ RANI & ORS. Through: ..... Appellants Mr. D.K. Sharma, Advocate. Versus UNION OF INDIA ..... Respondent Through: None. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This first appeal is filed under Section 23 of the Railway Claims Tribunal Act, 1987 impugning the judgment of the Tribunal dated 28.3.2012 which has dismissed the claim petition.2. The facts of the case are that the deceased Sh. Balmukund, husband of the applicant/appellant no.1, died in an untoward incident on 8.1.2011 at Nizamuddin railway station. The deceased was to travel from Nizamuddin to Jhansi by Bhopal Express train.3. That there is an untoward incident and the deceased died by falling from the train becomes clear from the documents Ex.AW1/7, statement of Investigating Officer; Ex.AW1/12 statement of RPF Constable; RW1/1 being the document showing the falling ...


Mar 05 2014

Shri Phool Singh Vs. Sh. Maman and anr.

Court: Delhi

Decided on: Mar-05-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % RSA No.70/2014 5th March, 2014 SHRI PHOOL SINGH ......Appellant Through: None. VERSUS SH. MAMAN & ANR. ...... Respondent Through: None. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This regular second appeal is filed by the plaintiff against the concurrent judgments of the courts below; of the trial court dated 25.8.2011 and the first appellate court dated 24.10.2013; dismissing the suit for possession filed by the appellant-plaintiff.2. The appellant claimed to be the owner of a house situated in Lal Dora of Village Shikarpur, Delhi shown in the site plan Ex.PW1/1 and which is the suit property. Plaintiff claimed that the defendants being relatives were allowed to stay as licencees in the suit property, but when they refused to vacate the suit property in spite of being repeatedly asked to do so, the subject suit for possession came to be filed. Respondents-defendants disput...


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