Delhi Court May 2014 Judgments
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Council for the Indian School, Certificate ExamIn Vs. Director General ...
Court: Delhi
Decided on: May-23-2014
THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:23. 05.2014 W.P.(C) 2184/2013 COUNCIL FOR THE INDIAN SCHOOL, CERTIFICATE EXAMINATIONS ..... Petitioner versus DIRECTOR GENERAL OF INCOME TAX ..... Respondent Advocates who appeared in this case: For the Petitioner : Mr M.P. Rastogi with Mr K.N. Ahuja. For the Respondent : Mr Sanjeev Sabharwal, Sr. Standing Counsel with Ms Ruchi Bhatia, Jr. Standing Counsel. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J1 The present writ petition has been filed under Article 226/227 of the Constitution of India, by the Council for the Indian School Certificate Examinations. The petitioner has challenged the order dated 07.06.2012 (hereinafter referred to as impugned order) passed by the Director General of Income Tax (Exemptions), (hereinafter referred to as DGIT(E)), refusing to grant exemption under Section 10(23C)(vi) of the Income Tax Act, 1961 (hereinafter referred to as the Act) f...
Om Prakash Vs. State
Court: Delhi
Decided on: May-23-2014
IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. 453 of 2014 & Crl. M.(B) 763 of 2014 Reserved on:15. h May 2014 Delivered on:23. d May 2014 OM PRAKASH ..... Appellant Through: Mr. Sanjeev Bhatnagar with Mr. Sounak S. Das and Ms. Rubi Sagar, Advocates. versus STATE ..... Respondent Through: Ms. Aashaa Tiwari, APP for State with ASI Narendra Kumar, Narcotics Cell. CORAM: JUSTICE S. MURALIDHAR JUDGMENT235.2014 1. This appeal is directed against the judgment dated 15th February 2014 convicting the Appellant under Section 18(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) and the order on sentence of the same date sentencing him to undergo rigorous imprisonment (RI) for 15 years and a fine of Rs.2 lakhs and in default to undergo simple imprisonment (SI) for two years. Case of the Prosecution 2. On 9th July 2011, at around 6.30 pm, a secret informer is stated to have come to the office of the Narcotics Cell at Shakar Pur, Delhi. He is stated to have given information...
Promila Ghai Vs. Oriental Bank of Commerce and ors.
Court: Delhi
Decided on: May-23-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:07. 05.2014 Pronounced on:23. 05.2014 + W.P. (C) 5335/2011 & CM Nos.10833/2011, 12672/2013 & 3454/2014 PROMILA GHAI ..... Petitioner Through: Mr. Abhinav Vasisht, Sr. Advocate with Mr. Gaurav Kakar & Mr. Anuj Malhotra, Advocates. Versus ORIENTAL BANK OF COMMERCE & ORS...... Respondents Through: Mr. H.P. Bhardwaj, Advocate for R-1. Mr. Chetan Sharma, Sr. Advocate with Mr. Anil K. Khaware, Advocate for R-2 & 3. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE VIBHU BAKHRU MR. JUSTICE S. RAVINDRA BHAT % 1. In this proceeding under Article 226, an order of the Debt Recovery Appellate Tribunal (DRAT) made on 27.6.2011 dismissing the Petitioner's appeal has been impugned.2. The appeal before DRAT emanated from proceedings initiated by the first respondent bank (hereinafter referred to as the OBC) against M/s Mahine Tools, Sh. P.S. Tanwar and Sh. Hemant Vij ("borrowers") for recovery of WP(C) No5335/2011 13,17,420.70 with i...
Avant Garde Clean Room and Engg Solutions Pvt Ltd Vs. Ind Swift Limite ...
Court: Delhi
Decided on: May-23-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:23. 05.2014 + ARB.P. 496/2013 AVANT GARDE CLEAN ROOM & ENGG SOLUTIONS PVT LTD ..... Petitioner Through: Ms.Chandni Goyal, Adv. versus IND SWIFT LIMITED Through: ..... Respondent Mr. Praveen Mahajan, Adv. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI JUDGMENT VIPIN SANGHI, J.(ORAL) 1. This petition has been preferred under Section 11 of the Arbitration & Conciliation Act, 1996 (the Act) to seek the appointment of an Arbitrator.2. The case of the petitioner is that the petitioner and the respondent-IND Swift Ltd., had entered into a contract as contained in the purchase order dated 10.12.2013 which contains an arbitration clause 11, which reads as under:Arbitration-Dispute if any arising out of this Agreement shall be subject to the exclusive jurisdiction of the courts in city of Delhi. 3. One of the objections earlier raised by the respondent was that even the terms and conditions, inter alia, containing the aforesaid clause did not f...
Sunil Kumar Yadav 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) 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 % For detailed judgment, the decision dated 23.05.2014 in W.P. (C) 8639/2010 may be referred to. S. RAVINDRA BHAT (JUDGE) NAJMI WAZIRI (JUDGE) MAY23 2014 W.P.(C) 8650/2010 Page 1...
Emaar Mgf Land Ltd. Vs. Tax Recovery Officer-2 and ors.
Court: Delhi
Decided on: May-23-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:02. 05.2014 Pronounced on :23. 05.2014 + W.P.(C) 2774/2014, C.M. No.5741/2014 EMAAR MGF LAND LTD. ..Petitioner Through: Mr. Parag. P. Tripathi, Sr. Advocate with Mr. Satyen Sethi, Mr. Kunal Bahri and Mr. Arta Trana Panda, Advocates. Versus TAX RECOVERY OFFICER-2 AND ORS. ..Respondents Through: Mr. Balbir Singh, Sr. Standing Counsel. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE VIBHU BAKHRU MR. JUSTICE S. RAVINDRA BHAT % 1. The petitioner, in these proceedings under Article 226 of the Constitution of India, is aggrieved by an order under Section 226(3)(x) of the Income Tax Act, 1961 (the Act) of the Tax Recovery Officer, Hyderabad- the first respondent here (TRO, Hyderabad"), against it, requiring it to pay 32,82,79,787/-, alleged to be due from the fourth respondent M/s Emaar Hills Township Pvt.Ltd., Hyderabad (EHTPL), the assessee-in-default in this case.2. EHTPL is a Special Purpose Vehicle (SPV) constituted by ...
Rizwan @ Bhura Vs. State of Delhi
Court: Delhi
Decided on: May-23-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON : May 15, 2014 DECIDED ON : May 23, 2014 + CRL.A. 362/2012 RIZWAN @ BHURA ..... Appellant Through : Mr.K.B.Andley, Sr.Advocate with Mr.M.Shamikh, Advocate. VERSUS STATE OF DELHI ..... Respondent Through : Mr.Lovkesh Sawhney, APP. SI Raj Kumar, PS Kalyan Puri. CORAM: MR. JUSTICE S.P.GARG S.P.GARG, J.1. Challenge in this appeal is to a judgment dated 25.02.2012 of learned Additional Sessions Judge-02 in Sessions Case No.28/08 arising out of FIR No.296/06 registered at police station Krishna Nagar by which the appellant was convicted under Section 392/397 IPC and 25 Arms Act. By an order dated 29.02.2012, he was awarded various prison terms with fine.2. Briefly stated, the prosecution case as reflected in the charge- sheet was that on 03.11.2006 at about 11:45 AM, in front of Himgiri Automobile, Kanti Nagar, Road No.57, Delhi, the appellant and his associates Asif and Dhillu Phurkan (since acquitted) robbed complainantSanjay Mahajan of...
Commissioner of Income Tax-x Vs. M/S. Kultar Exports
Court: Delhi
Decided on: May-23-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:12. 05.2014 Pronounced on :23. 05.2014 + + + ITA262014, C.M. No.1596/2014 (for exemption) ITA272014 ITA282014, C.M. No.1597/2014 (for exemption) COMMISSIONER OF INCOME TAX-X ..Appellant Through: Sh. Kamal Sawhney, Sr. Standing Counsel. Versus M/S. KULTAR EXPORTS ..Respondent Through: Sh. Vineet Bhatia and Sh. Puneet Rai, Advocates. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE VIBHU BAKHRU MR. JUSTICE S. RAVINDRA BHAT % C.M. No.1596/2014 (for exemption) in ITA262014 C.M. No.1597/2014 (for exemption) in ITA282014 Allowed, subject to all just exceptions. ITA262014, ITA272014 & ITA282014 1. The revenue, in this appeal under Section 260A of the Income Tax Act (hereafter the Act), challenges the order of the Income Tax Appellate Tribunal (hereafter the ITAT) on the ground that it erred in allowing the assessee to belatedly appeal against the orders of the Assessing Officer (hereafter the AO), on the basis of a judgment ...
Sanjay Gupta Vs. Commissioner of Income Tax
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...
Sandeep Kumar and ors. Vs. Delhi Fire Service and ors.
Court: Delhi
Decided on: May-23-2014
$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1888/2014 & CM No.3944/2014 Date of decision:23. d May, 2014 % SANDEEP KUMAR & ORS. ..... Petitioners Through : Dr. M.Y. Khan, Adv. versus DELHI FIRE SERVICE & ORS. ..... Respondents Through : Ms. Zubeda Begum, Standing Counsel (GNCTD) with Ms. Sana Ansari, Adv. for R-1&2. CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MS. JUSTICE DEEPA SHARMA GITA MITTAL, J.(Oral) 1. The petitioners have also laid a challenge to the order dated 10th January, 2014 passed in T.A,No.12 and 13 of 2013 by the Central Administrative Tribunal, Principal Bench.2. By way of these applications, the petitioners had challenged the rejection of their candidature for appointment to the post of Fire Operator pursuant to the advertisement No.1/2009 issued by the Delhi Subordinate Services Selection Board (DSSSB). As per the advertisement, respondent no.1 notified the following essential qualification for Fire Operator:Essential Qualifications : (i) Matric Pass ...
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