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Delhi Court March 2014 Judgments

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Mar 28 2014

Ramesh Kumar Bhagchandka Vs. Mahesh Kumar Bhagchandka and ors.

Court: Delhi

Decided on: Mar-28-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on : March 06, 2014 Judgment Pronounced on : March 28, 2014 + RFA (OS) 49/2014 RAMESH KUMAR BHAGCHANDKA .....Appellant Represented by: Mr.V.P.Singh, Sr.Advocate instructed by Mr.D.K.Rustagi, Mr.Pankaj Gupta and Ms.B.S.Bagga, Advocates versus MAHESH KUMAR BHAGCHANDKA & ORS. .....Respondents Represented by: Mr.Rajiv Nayyar, Sr.Advocate and Mr.Arvind Nigam, Sr.Advocate instructed by Mr.Ajoy K.Roy, Mr.Nitesh Jain and Mr.Shantanu Tyagi, Advocates for R-1 CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR.JUSTICE JAYANT NATH PRADEEP NANDRAJOG, J.1. Vide order dated August 19, 2013 application under Order VII Rule 11 of the Code of Civil Procedure filed by respondent No.1 praying that the plaint be rejected was partially reflected upon by the learned Single Judge only on the subject whether proper court fee had been affixed on the plaint by the appellant. Holding, that in view of the pleadings in the plaint wherein the appella...


Mar 28 2014

Jabar Singh Yadav Vs. Union of India

Court: Delhi

Decided on: Mar-28-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO No.210/2013 28th March, 2014 % JABAR SINGH YADAV Through: ....Appellant Mr. Yogesh Swroop, Mr. B.K. Roy, Advocates VERSUS UNION OF INDIA Through: ...... Respondent Mr. Raheel Kohli, Advocate for Mr. Ravi Prakash, Advocate CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This first appeal under Section 23 of the Railway Claims Tribunal Act, 1987 impugns the judgment of the Tribunal dated 11.12.2012 by which the Railway Claims Tribunal has dismissed the claim petition filed by the appellant/father of the deceased Ms. Anita Yadav, who died in an untoward incident on 2.3.2011. 2(i) The facts of the case are that Ms. Anita Yadav, a Sub-Inspector in U.P. Police and the daughter of the appellant/petitioner before the Tribunal, was traveling with her brother Sh. Jitender on 2.3.2011 from Ghaziabad to Old Delhi Railway Station by the Padmavat Express train after purchasing two tickets. ...


Mar 28 2014

Trip Communication Pvt. Ltd Vs. Union of India and Others

Court: Delhi

Decided on: Mar-28-2014

* IN THE HIGH COURT OF DELHI AT NEW % DELHI Judgment reserved on:13. th December, 2013 Judgment pronounced on:28. th March, 2014 + W.P.(C) 7438/2012 T RIP C OMMUNICATION P VT . L TD Through: .P ETITIONER Mr. Priyadarshi Advocate Munish Versus U NION OF I NDIA & O THERS Through: ..... R ESPONDENTS Ms. Sweety Manchanda, CGS C with Mr. Debashis Mukherjee, Advocate. Mr. Satish Kumar, Sr. Standing Counsel for R-2 and 3. Ms. Sarul Jain, Advocate for R-4 Mr. Atul Sharma, Mr. Milanka Chaudhury, Mr. Sarojanand Jha and Ms. Satakshi Sood, Advocates for DIAL. Ms. Anjana for AAI. Gosain, Advocate Mr. Satish Aggarwala, Advocate for R-6. ======================================================================= + W.P.(C) 2200/2013 .P ETITIONER M/ S K RISHNARAJ I MPORTS Through: Mr. Priyadarshi Advocate Manish Versus U NION OF I NDIA & O THERS Through: ..... R ESPONDENTS Mr. Sunil Kumar, Advocate for UOI. Mr. Satish Kumar, Sr. Standing Counsel for R-2 and 3. Ms. Sarul Jain, Advocate for R-4 Mr. Atul Shar...


Mar 28 2014

Sh.V.S.Gaur Vs. Shree Adya Katyayani Shaktipeeth (Mandir) Trust and

Court: Delhi

Decided on: Mar-28-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: March 21, 2014 Judgment Delivered on: March 28, 2014 + RFA(OS) 62/2014 SH S B SHARMA Represented by: ..... Appellant Mr.Sandeep Sethi, Senior Advocate instructed by Mr.Gaurav Mitra and Mr.Gaurav Mahajan, Advocates Versus SHREE ADYA KATYAYANI SHAKTIPEETH ( MANDIR) TRUST & ORS ..... Respondent Represented by: Mr.Neeraj Kishan Kaul, Senior Advocate instructed by Mr.Ashok Chhabra, Advocate + RFA(OS) 63/2014 DR R C JAIN (DECEASED) THR ITS LR SHRI NIRMAL JAIN ..... Appellant Represented by: Mr.Sandeep Sethi, Senior Advocate instructed by Mr.Gaurav Mitra and Mr.Gaurav Mahajan, Advocates Versus SHREE ADYA KATYAYANI SHAKTIPEETH (MANDIR) TRUST & ORS ..... Respondents Represented by: Mr.Neeraj Kishan Kaul, Senior Advocate instructed by Mr.Ashok Chhabra, Advocate + RFA(OS) 64/2014 SH P P SHRIVASTAV Represented by: ..... Appellant Mr.Sandeep Sethi, Senior Advocate instructed by Mr.Gaurav Mitra and Mr.Gaurav Mahajan, Advocates Versus SH...


Mar 28 2014

Dr.R.C.JaIn (Deceased) Thr Its Lr Shir Nirmal JaIn Vs. Shree Adya Katy ...

Court: Delhi

Decided on: Mar-28-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: March 21, 2014 Judgment Delivered on: March 28, 2014 + RFA(OS) 62/2014 SH S B SHARMA Represented by: ..... Appellant Mr.Sandeep Sethi, Senior Advocate instructed by Mr.Gaurav Mitra and Mr.Gaurav Mahajan, Advocates Versus SHREE ADYA KATYAYANI SHAKTIPEETH ( MANDIR) TRUST & ORS ..... Respondent Represented by: Mr.Neeraj Kishan Kaul, Senior Advocate instructed by Mr.Ashok Chhabra, Advocate + RFA(OS) 63/2014 DR R C JAIN (DECEASED) THR ITS LR SHRI NIRMAL JAIN ..... Appellant Represented by: Mr.Sandeep Sethi, Senior Advocate instructed by Mr.Gaurav Mitra and Mr.Gaurav Mahajan, Advocates Versus SHREE ADYA KATYAYANI SHAKTIPEETH (MANDIR) TRUST & ORS ..... Respondents Represented by: Mr.Neeraj Kishan Kaul, Senior Advocate instructed by Mr.Ashok Chhabra, Advocate + RFA(OS) 64/2014 SH P P SHRIVASTAV Represented by: ..... Appellant Mr.Sandeep Sethi, Senior Advocate instructed by Mr.Gaurav Mitra and Mr.Gaurav Mahajan, Advocates Versus SH...


Mar 28 2014

Deepak Khosla Vs. Montreaux Resorts Pvt. Ltd. and ors.

Court: Delhi

Decided on: Mar-28-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:14. h March, 2014 Date of Decision:28. h March, 2014 % + C.M. No.16860/2013 & C.M. No.2392/2013 IN LPA162012 DEEPAK KHOSLA Through: ..... Appellant Appellant in person. versus MONTREAUX RESORTS PVT. LTD. & ORS. .....Respondents Through: Mr. Raman Kapoor, Sr. Advocate with Mr. Anand M. Mishra, Advocate. CORAM: MR. JUSTICE KAILASH GAMBHIR MR. JUSTICE R.V. EASWAR R.V. EASWAR, J.1. C.M. No.16860/2013 is an application under Section 151 of the Code of Civil Procedure, 1908 seeking modification of the order dated 24.04.2012 passed by a Division Bench consisting Sanjiv Khanna, J.and one of us (R. V. Easwar, J.) in LPA No.16/2012. C.M. No.2392/2013 is again an application under Section 151 CPC seeking clarification of the above order passed by the Division Bench. When these applications were earlier placed before this Bench, it was felt by this Bench that it would be appropriate to place these applications before the same Bench which heard ...


Mar 28 2014

Dlf Ltd and Another Vs. Additional Commissioner of Income Tax and anr.

Court: Delhi

Decided on: Mar-28-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + WRIT PETITION (CIVIL) NO.2363/2013 Reserved on:9. h December, 2013 Date of Decision:28thMarch, 2014 % DLF LTD AND ANOTHER ..... Petitioners Through Mr. Ajay Vohra & Ms. Kavita Jha, Advocates. versus ADDITIONAL COMMISSIONER OF INCOME TAX & ANR. ..... Respondents Through Mr. Sanjeev Sabharwal, Sr. Standing Counsel. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SANJEEV SACHDEVA SANJIV KHANNA, J.: The petitioner is a real estate developer engaged in creation, execution and sale of residential and commercial projects. It also earns income from Special Economic Zone (SEZ) on which it had claimed deduction under Section 80-IAB of the Income Tax Act, 1961 (Act, for short).2. For the previous year relevant to the Assessment Year 2010-11, the petitioner filed its return of income on 15 th October, 2010 declaring income of Rs.474,34,24,620/- (as per the impugned order dated 25th March, 2013 the return declared income of Rs.6,52,95,98,420/...


Mar 28 2014

Adobe Systems Software Ireland Ltd. Vs. Assistant Director of Income T ...

Court: Delhi

Decided on: Mar-28-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:12. h March, 2014 Date of Decision:28. h March, 2014 % + + + W.P.(C) 2326/2013 W.P.(C) 2328/2013 W.P.(C) 2330/2013 ADOBE SYSTEMS SOFTWARE IRELAND LTD. ..... Petitioner Through: Mr. M.S. Syali, Sr. Advocate with Mr. Vishal Kalra, Mr. Mayank Nagi and Mr. Harkunal Singh, Advocates. versus ASSISTANT DIRECTOR OF INCOME TAX ..... Respondent Through: Mr. N.P. Sahni, Sr. Standing Counsel. CORAM: MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE R.V. EASWAR R.V. EASWAR, J.1. In this petition presented under Article 226 of the Constitution, the petitioner assails the jurisdiction of the respondent to continue reassessment proceedings initiated by notices dated 30.03.2011 issued by the Dy. Director (Intnl. Taxation), Noida under Section 148 of the Income Tax Act, 1961 (Act, for short) and the order dated 08.03.2013 passed by the respondent herein, (hereinafter referred to as the Delhi officer or respondent) dismissing the petitioners objections to the ...


Mar 28 2014

Sudhanshu Ojha Vs. the Director General Crpf and ors.

Court: Delhi

Decided on: Mar-28-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on : March 13, 2014 Judgment Pronounced on : March 28, 2014 + W.P.(C) 7487/2004 SUDHANSHU OJHA Represented by: .....Petitioner Mr.Santosh Kumar, Advocate with Mr.Madhurendra Sharma, Advocate versus THE DIRECTOR GENERAL CRPF & ORS. .....Respondents Represented by: Ms.Anjana Gosain, Advocate with Mr.Pradeep Desodya and Mr.R.N.Partik, Advocates CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR.JUSTICE JAYANT NATH PRADEEP NANDRAJOG, J.1. Pithily stated, the factual matrix of the above captioned writ petition is that the petitioner was appointed to the post of Assistant Commandant in Central Reserve Police Force on December 01, 1994.2. In the year 1997 the petitioner was posted to the 76th Bn. CRPF and was functioning as the Sector Commander. It is alleged by the respondents that complaints were received against the petitioner that he was actively involved in various illegal and corrupt practices, such as collecting money/e...


Mar 28 2014

Association for Democratic Reforms and anr. Vs. Union of India and ors ...

Court: Delhi

Decided on: Mar-28-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: February 28, 2014 Judgment Delivered on: March 28, 2014 % + W.P.(C) 131/2013 ASSOCIATION FOR DEMOCRATIC REFORMS AND ANR ..... Petitioners Represented by: Mr.Prashant Bhusan and Mr.Pranav Sachdeva, Advocates. versus UNION OF INDIA AND ORS ..... Respondents Represented by: Mr.L.Nageshwar Rao and Mr.Rajeev Mehra, ASG with Mr.Sumeet Pushkarna, CGSC, Ms.Aditi Mohan, Ms.Sara Sundaram, Mr.Aditya Malhotra, Mr.D.Abhinav Rao, Mr.Mayank Pandey and Mr.Girish Kosaraju, Advocates for UOI. Mr.P.R.Chopra, Advocate for R-2. Mr.V.P.Singh, Senior Advocate instructed by Mr.K.C.Mittal, Ms.Ruchika Mittal and Mr.M.I.Choudhury, Advocate for R-3. Ms.Pinky Anand, Senior Advocate instructed by Mr.Sybhashish Soren, Mr.Anil Soni and Mr.Aayush Chandra, Advocates for R-4. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE JAYANT NATH PRADEEP NANDRAJOG, J.1. Filed in public interest, the petitioner asserts that there is a blatant violation ...


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