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Delhi Court May 2014 Judgments

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May 26 2014

Niraj Kumar Vs. Central Bureau of Investigation

Court: Delhi

Decided on: May-26-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: May 26, 2014 +1. CRL.REV.P. 683/2012 ANIRUDDHA BAHAL ..... Petitioner Through: Mr. Pramod Kumar Dubey with Mr. Shiv Pande, Mr. Shiv Chopra, Mr. Nishank Mattoo & Mr. Hemant Shah, Advocates versus CENTRAL BUREAU OF INVESTIGATION ..... Respondent Through: Mr. P.K.Sharma, St. Counsel with Mr. Rakesh Sharma, Ms. Somi Mehra, Ms. Renu Malik & Mr.Pulkit Mishra, Advocates +2. CRL.REV.P. 707/2012 NIRAJ KUMAR ..... Petitioner Through: Mr. Shri Singh with Mr.Dheeraj Kumar & Ms. Aakanksha Singh, Advocates versus CENTRAL BUREAU OF INVESTIGATION ..... Respondent Through: Mr. P.K.Sharma, St. Counsel with Mr. Rakesh Sharma, Ms. Somi Mehra & Ms. Renu Malik, Advocates +3. CRL.REV.P. 34/2013 THOMAS MATHEW ..... Petitioner Through: Dr. M.P. Raju with Mr. J.P. Thomas, Advocates versus CENTRAL BUREAU OF INVESTIGATION THR. THE DY SUPERINTENDENT OF POLICE ..... Respondent Through: Mr. P.K.Sharma, St. Counsel with Mr. Rakesh Sharma, Ms. Somi Mehra & Ms...


May 26 2014

Mr. Perry Kansagra Vs. Mrs. Smriti Madan Kansagra

Court: Delhi

Decided on: May-26-2014

* + IN THE HIGH COURT OF DELHI AT NEW DELHI MAT. APPEAL (FC) No.61/2014 MR. PERRY KANSAGRA Through: ..... Appellant Mr.Sanjay Jain, Sr.Advocate with Mr.Anupam Srivastava, Mr.Tarun Bansal and Ms.Rajul Jain, Advocates. versus MRS. SMRITI MADAN KANSAGRA Through: ..... Respondent None. CORAM: HON'BLE MS. JUSTICE REVA KHETRAPAL HON'BLE MS. JUSTICE V. KAMESWAR RAO ORDER (ORAL) : REVA KHETRAPAL, J.1. The aforesaid appeal is preferred by the appellant-husband against the order dated 17.10.2013 passed by the learned Family Court in Guardianship Petition No.53/2012 whereby the application of the appellant-husband filed under Section 151 CPC dated 09.04.2013 seeking admission of the minor child of the parties in British School, New Delhi was rejected by the learned Family Court.2. The facts relevant for the disposal of the present appeal are that the respondent-wife has the sole custody of the minor child of the parties by virtue of an order passed by this Court in CS(OS) No.1604/2012.3. The appe...


May 26 2014

M/S New Era Industries Vs. M/S Star Alubuild Pvt Ltd and anr.

Court: Delhi

Decided on: May-26-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 1906/2013 & I.A. 15869/2013 (u/O.39 Rs-1 & 2 CPC) & I.A. 20141/2013 (u/O.39 R=4 CPC) Judgment Reserved on :6. h May, 2014 Judgment Pronounced on :26. h May, 2014 % M/S NEW ERA INDUSTRIES ..... Plaintiff Through: Mr.Manish Kaushik, Advocate versus M/S STAR ALUBUILD PVT LTD & ANR..... Defendant Through: Mr.Tanuj Khurana, Mr.Gaurav Malik, Advocates for the defendants along with Mr.Kapil Dahra, AGM (Finance) of defendant CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J.I.A. 15869/2013 (under Order XXXIX Rules 1 & 2 CPC) & I.A. 20141/2013 (under Order XXXIX Rule 4 CPC) 1. Plaintiff has filed the present suit for permanent injunction restraining the defendant no.1 from encashing / invoking bank guarantee dated 24.8.2012 for a sum of Rs.32,79,375/-. Along with the plaint, plaintiff has filed an application [I.A. 15869/2013 (under Order XXXIX Rules 1 & 2 of the Code of Civil Procedure]. for grant of stay. While issuing summons in the suit...


May 26 2014

Atlantic Industries and ors Vs. Simron Food Processors (P) Ltd

Court: Delhi

Decided on: May-26-2014

$~13. * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 2185/2011 % Judgment dated 26.05.2014 ATLANTIC INDUSTRIES & ORS ..... Plaintiffs Through : Mr.C.M. Lall, Ms.Nancy Roy and Mr.Anuj Nair, Advs. versus SIMRON FOOD PROCESSORS (P) LTD ..... Defendant Through CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J (ORAL) 1. Plaintiffs have filed the present suit for injunction and damages for infringement of registered trademark, passing off and for infringement of copyright. Summons were issued in the suit on 08.09.2011. An interim injunction was granted against the defendant on 08.09.2011. Counsel for the defendant entered appearance on 11.11.2011.2. In the order dated 31.05.2012, defendant submitted that the defendant has already stopped using the trademark of plaintiffs and has no intention to use the same in future. Further, parties also sought time to file an application for recording the compromise. However, the counsel for the defendant was not able to get the compromise applica...


May 24 2014

Shilpi JaIn and ors. Vs. North Delhi Municipal Corporation Through: It ...

Court: Delhi

Decided on: May-24-2014

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:24. h May, 2014 % + W.P.(C) 3442/2014 SHILPI JAIN AND ORS. ..... Petitoners Represented by: Ms. Nandita Abrol, Adv. Versus NORTH DELHI MUNICIPAL CORPORATION THROUGH: ITS COMMISSIONER AND ORS. ..... Respondents Represented by: Ms. Mini Pushkarna, Adv. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. Vide the present petition, petitioners are seeking direction to set aside the order dated 23.05.2014 passed by Ld. ATMCD; and seeking Mandamus to withdraw the vacation / sealing and demolition notice dated 23.05.2014 passed by respondent nos. 1 and 2. Further seeking direction to de-seal the premises of the property bearing Shop nos. 4, 5, 6, 7 and 8, situated at Durga Plaza, 2919-2922, Bhadurgarh Road, Sadar Bazar, Delhi.2. Ms. Nandita Abrol, Ld. Counsel appearing on behalf of the petitioners submits that the petitioners are the occupiers / owners of the shops mentioned above. No notice was served to the petit...


May 23 2014

R.P. Tolani Vs. Uoi and ors.

Court: Delhi

Decided on: May-23-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:02. 12.2013 Pronounced on :23. 05.2014 + W.P.(C) 8639/2010 & C.M. No.21979/2010, 1942/2011 & 1943/2011 R.P. TOLANI ..Petitioner Through: Sh. M.S. Singhvi, Sr. Advocate with Sh. K.K.L. Gautam and Sh. Suresh. P. Tolani, Advocates. Versus UOI AND ORS. ..Respondents Through: Sh. B.V. Niren and Sh. P. Jain, Advocates, for Resp. Nos. 1 to 3. Ms. Rekha Palli with Sh. Hemant Gupta, Advocates, for Resp. Nos. 4 to 7. + W.P.(C) 8650/2010 & C.M. No.710/2013 & 5427/2013 SUNIL KUMAR YADAV ..Petitioner Through: Sh. Vinay Kumar Garg, Sh. Vivek Sharma and Sh. Neeraj Kumar Sharma, Advocates. Versus UOI AND ORS. ..Respondents Through: Sh. B.V. Niren and Sh. P. Jain, Advocates, for Resp. Nos. 1 to 3. Ms. Rekha Palli with Sh. Hemant Gupta, Advocates, for Resp. Nos. 4 to 7. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI MR. JUSTICE S. RAVINDRA BHAT % W.P.(C) 8639/2010 & 8650/2010 Page 1 1. The present judgment disposes two w...


May 23 2014

ShahabuddIn Vs. State Nct of Delhi

Court: Delhi

Decided on: May-23-2014

$-13 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :23. d MAY, 2014 + CRL.A.No.1428/2012 SHAHABUDDIN ..... Appellant Through : Mr.Rahul Kumar, Advocate. versus STATE NCT OF DELHI Through : ..... Respondent Mr.M.N.Dudeja, APP. CORAM: HONBLE MR. JUSTICE S.P.GARG S.P.Garg, J.(Open Court) 1. The appellant Shahabuddin questions the legality of a judgment dated 24.02.2012 of learned Additional Sessions Judge in Sessions Case No.52/11 arising out of FIR No.25/10 PS Bhalaswa Dairy by which he was convicted under Sections 392/34 IPC. By an order dated 05.03.2012, he was sentenced to undergo RI for four years with fine `5,000/-.2. Allegations against the appellant as revealed in the charge- sheet were that on 19.02.2010 at about 05.15 P.M. at Service Road, near Khatta Bhalaswa Bridge / Pul, he and his associate Vasu (facing trial before Juvenile Board) sharing common intention robbed Anil Kumar of ` 320/- at blade point. The prosecution examined five witnesses. The trial resulted in appe...


May 23 2014

Commissioner of Income Tax-i Vs. M/S. Cushman and Wakefield (India) Pv ...

Court: Delhi

Decided on: May-23-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:01. 05.2014 Pronounced on :23. 05.2014 + ITA4752012 COMMISSIONER OF INCOME TAX-I ..Appellant Through: Sh. Sanjeev Sabharwal, Sr. Standing Counsel with Sh. Ruchir Bhatia, Jr. Standing Counsel. Versus M/S. CUSHMAN AND WAKEFIELD (INDIA) PVT. LTD. ..Respondent Through: Sh. S. Ganesh, Sr. Advocate with Ms. Preeti Bhardwaj, Advocate. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE VIBHU BAKHRU MR. JUSTICE S. RAVINDRA BHAT % 1. This is an appeal by the Revenue against an order of the Income Tax Appellate Tribunal (ITAT). The impugned order reversed the order of the Assessing Officer (AO) in respect of disallowance of reimbursement of costs and expenses incurred by the assessee, Cushman and Wakefield (India) Ltd. (the assessee). These had been claimed by the assessee as having been costs incurred towards services performed by its two Associated Enterprises, Cushman and Wakefield, Singapore (CWS) and Cushman and Wakefield, Ho...


May 23 2014

icici Lombard General Insurance Co. Ltd. Through M Vs. Sh. Vijay Kumar ...

Court: Delhi

Decided on: May-23-2014

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:23. d May, 2014 % + CM(M)522/2014 ICICI LOMBARD GENERAL INSURANCE CO. LTD. THROUGH MANAGER-LEGAL ..... Petitioner Represented by: Ms. Manjusha Wadhwa and Ms. Sony Kumar, Advs. versus SH. VIJAY KUMAR & ORS ..... Respondents Represented by: NEMO. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) CM. No.9081/2014 Exemptions allowed, subject to all just exceptions. The application stands disposed of. + CM(M) 522/2014 1. Vide the present petition, the petitioner/Insurance Company is seeking direction for setting aside the impugned orders dated 29.01.2014 and 23.04.2014 whereby Ld. Tribunal has directed the petitioner to pay Rs.11,000/- to respondent No.1 and dismissed the application for waiver of cost, respectively.2. I note, vide order dated 10.10.2011, Ld. Tribunal directed the DCP (Central) to conduct an enquiry regarding the fake insurance cover note, through SHO, PS-Patel Nagar, New Delhi. It was further d...


May 23 2014

Commissioner of Income Tax Vs. Sanjay Gupta

Court: Delhi

Decided on: May-23-2014

IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:23. 05.2014 ITA No.765/2010 SANJAY GUPTA ..... Appellant versus COMMISSIONER OF INCOME TAX ..... Respondent AND + ITA No.321/2012 COMMISSIONER OF INCOME TAX ..... Appellant versus SANJAY GUPTA ..... Respondent Advocates who appeared in this case: For the Assessee : Mr Anil Sharma. For the Revenue : Sh. Sanjeev Sabharwal, Sr. Standing Counsel with Sh. Ruchir Bhatia, Jr. Standing Counsel on behalf of the CIT. CORAM:HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J1 ITA No.765/2010 is an appeal filed by one Sanjay Gupta (the assessee) under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as Act) challenging the order dated 30.04.2009 passed by the Income Tax Appellate Tribunal (hereinafter referred to as Tribunal) in I.T.(SS) No.174/D/2006 whereby the Tribunal has upheld the assessment of an amount of `1,14,54,077/- as undisclosed income of the petitioner, for t...


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