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Delhi Court July 2014 Judgments

Jul 18 2014

Sudhakar Singh Vs. State

Court: Delhi

Decided on: Jul-18-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRIMINAL APPEAL No.240/1998 Reserved on :16. h May, 2014 Date of decision:18. h July, 2014 SUDHAKAR SINGH ..... Appellant Through Mr. K. K. Sud, Senior Advocate with Mr. Chirag Khurana, Mr. Vishal Dabas & Ms. Banita Singh, Advocates. Versus STATE ..... Respondent Through Ms. Rajdipa Behura, APP for the State. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE G.P. MITTAL SANJIV KHANNA, J.: Appellant No.2 Shyama Devi, mother of appellant No.1 Sudhakar Singh died on 8th May, 2011 and the appeal filed by her stands abated. Appeal filed by Sudhakar Singh, appellant No.1 challenging his conviction under Section 304B and 498A of the Indian Penal Code, 1860 (IPC, for short) read with Section 34 remains on board and is being decided by this judgment. The appellant-Sudhakar Singh married the deceased-Sundari Devi on 17th November, 1986. Sundari committed suicide on 19th December, 1989 in her matrimonial home at A-111, Moti Bagh-I, New Delhi....

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Jul 18 2014

Gautam Goswami Vs. State

Court: Delhi

Decided on: Jul-18-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: July 18, 2014 + CRL.A. 428/1999 GAUTAM GOSWAMI Through ..... Appellant Mr. Anshuman Sinha & Mr. Ajay Vikram Singh, Advocates versus STATE Through + CRL.A. 602/1999 SMT. SANTOSH Through ..... Respondent Ms. Richa Kapoor, APP for the State with Insp. Nipun Kumar, PS Shakar Pur, Delhi ..... Appellant Mr. Anshuman Sinha & Mr. Ajay Vikram Singh, Advocates Versus STATE (N.C.T. OF DELHI) Through ..... Respondent Ms. Richa Kapoor, APP for the State with Insp. Nipun Kumar, PS Shakar Pur, Delhi CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MS. JUSTICE SUNITA GUPTA JUDGMENT KAILASH GAMBHIR, J1 The institution of marriage can truly be called one of the most dynamic social institutions. It has been touted as an important stage in ones life and has been accorded a lot of importance historically. But with the advent of time, change in social values has brought a great impact on such a pious institution and the ruthless reality in t...

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Jul 18 2014

Commissioner of Income Tax Vs. Heartland Delhi Transcription Services ...

Court: Delhi

Decided on: Jul-18-2014

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + INCOME TAX APPEAL NO.300/2011 Reserved on:10. h July, 2014 Date of decision:18. h July, 2014 COMMISSIONER OF INCOME TAX ..... Appellant Through Mr. Kamal Sawhney, Sr. Standing Counsel with Mr. Sanjay Kumar, Jr. Standing Counsel. versus HEARTLAND DELHI TRANSCRIPTION SERVICES PVT LTD. ..... Respondent Through Mr. P. Kapoor, Advocate with Mr. Anuj Dhir and Ms. Bina Gupta, Advocates. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE V. KAMESWAR RAO SANJIV KHANNA, J.: This appeal by the Revenue pertains to assessment year 2004-05 and relates to interpretation of Section 10B of the Income Tax Act, 1961 (Act, for short).2. By order dated 11th May, 2011, the following substantial questions of law were framed:(i) Whether ITAT was correct in law in allowing deduction u/s 10B of the Act to the assessee?. (ii) Whether ITAT has correctly interpreted the provisions of Section 10B of the Act?. 2. The respondent is an assessee, who claims deduc...

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Jul 18 2014

Dinesh Kumar @ Dinesh Vs. State (Govt. of Nct of Delhi)

Court: Delhi

Decided on: Jul-18-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:3. d July, 2014 Pronounced on:18. h July, 2014 + CRL. A. 575/1999 DINESH KUMAR @ DINESH ..... Appellant Through: Ms. Inderjeet Sidhu, Advocate, DHCLSC. Versus STATE (GOVT. OF NCT OF DELHI) ..... Respondent Through Mr. Rajat Katyal, APP for the State. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE G.P. MITTAL JUDGMENT G.P. MITTAL, J.1. Appellant Dinesh Kumar @ Dinesh impugns the judgment and order on sentence dated 30.07.1999 arising out of FIR No.117/ 1996, Police Station Vivek Vihar (Sessions Case No.191/ 1996) whereby he was convicted for the offence punishable under Sections 354 and 302 of the Indian Penal Code, 1860 (IPC for short). He stands sentenced to undergo imprisonment for life and pay fine of Rs. 5,000/- for the offence punishable under Section 302 IPC and in default of payment of fine, to undergo simple imprisonment for one month. He also stands sentenced to undergo rigorous imprisonment for two years and ...

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Jul 18 2014

Commissioner of Income Tax Vs. Sharda Kochhar

Court: Delhi

Decided on: Jul-18-2014

$~R-26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + INCOME TAX APPEAL No.171/2001 Date of decision:18. h July, 2014 COMMISSIONER OF INCOME TAX ..... Petitioner Through Mr. Balbir Singh, Sr. Standing Counsel with Mr. Abhishek Singh Baghel, Advocates. versus SHARDA KOCHHAR Through ..... Respondents CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE V. KAMESWAR RAO SANJIV KHANNA, J.(ORAL): This appeal by the Revenue under Section 260A of the Income Tax Act, 1961, (Act, for short) pertains to assessment year 1988-99. By order dated 9th January, 2002, the following substantial questions of law were admitted for adjudication:(A) Whether the amount of Rs.72,80,752/- received by the assessee during the previous year relevant to assessment year 1988-89 is taxable in view of the provisions of Section 45(5) (b) of the I.T. Act?. (B) Whether the Ld. ITAT is correct in law in holding that the decision of the Honble Supreme Court in the case of C.I.T. Vs. Hindustan Housing and Land Developm...

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Jul 18 2014

Prem Singh @ Fauzi Vs. the State

Court: Delhi

Decided on: Jul-18-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + Crl. Appeal No.390/2005 Reserved on:2. d July, 2014 Date of Decision:18. h July, 2014 % PREM SINGH @ FAUZI ....Appellant Through Mr. Anupam S. Sharma with Mr. Javed Akhtar & Mr. Vipul Sharma, Advs. Versus THE STATE Through Respondent Ms. Rajdipa Behura, APP. Crl. Appeal 738/2005 SAMSON @ RAJU ....Appellant Through Mr. Virender Pratap Singh Charak with Mr. Pushpender Charak, Ms. Shubhra Parashar and Mr. R.P.S. Tomar, Advs. Versus STATE OF DELHI Respondent Through Ms. Rajdipa Behura, APP. CORAM: HONBLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE G. P. MITTAL SANJIV KHANNA, J.These appeals by Prem Singh @ Fauzi and Samson @ Raju arise out of a common judgment dated 29th March, 2005 convicting them under Section 302 read with Section 34 IPC for murder of deceased Aditya. Timarpur. The aforesaid judgment arises out of FIR2041998 P.S. By order on the point of sentence dated 31 st March, 2005, appellants have been sentenced to undergo life impriso...

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Jul 18 2014

Siri Ram and ors. Vs. State (Govt. of Nct of Delhi)

Court: Delhi

Decided on: Jul-18-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: July 18, 2014 + CRL.A. 519/1999 SIRI RAM AND ORS. Through ..... Appellants Mr. Mohit Mathur, Mr. Shahrukh Hussain, Mr. Varun Tankha and Mr. Badar Mehmood, Advocates versus STATE (GOVT. OF NCT OF DELHI) ..... Respondent Through Ms. Richa Kapoor, APP for the State with ACP Rohit Meena and SI Mahender, PS Sultan Puri, Delhi CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MS. JUSTICE SUNITA GUPTA JUDGMENT KAILASH GAMBHIR, J1 Challenge in the present appeal is to the impugned judgment and order on sentence dated 24th July 1999 and 28th July 1999 respectively, whereby the learned Additional Sessions Judge had convicted each of the appellants for committing an offence punishable under Sections 302/323 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as IPC) and sentenced them to undergo imprisonment for life along with a fine of Rs.1000/- each under section 302 IPC and in default of payment of fine...

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Jul 18 2014

M/S Kanjimull and Sons Vs. Radeka Chaudhary and anr

Court: Delhi

Decided on: Jul-18-2014

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 620/2012 % Judgment dated 18.07.2014 M/S KANJIMULL AND SONS ..... Plaintiff Through : Mr.Rajesh Yadav and Ms.Ruchira, Advs. versus RADEKA CHAUDHARY & ANR Through ..... Defendant CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J (ORAL) 1. Plaintiff has filed the present suit under the provisions of Order XXXVII for recovery of Rs.2,38,00,000/-. Summons were issued to the defendants in the prescribed form. Defendant no.1 entered appearances and also filed IA.No.16903/2012 seeking condonation of 12 days delay in entering appearance. The defendants could not be served in the ordinary way and hence defendants were served through publication.2. Reply to the application [IA.No.16903/2012]. has been filed by the plaintiff. Despite opportunity having been granted, no rejoinder has been filed. None has been appearing on behalf of defendant no.1 since 6.11.2013. None appeared on behalf of the defendant on.1 even on 7.3.2014 as also on 3.4....

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Jul 17 2014

Om Prakash @ Raju Vs. State (Govt. of Nct of Delhi)

Court: Delhi

Decided on: Jul-17-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Crl. A. 221/2012 Date of Decision:17. h July, 2014 + # ! OM PRAKASH @ RAJU .. Appellant Through: Mr. A.K. Singh, Adv.(amicus curiae) versus $ * STATE (GOVT. OF NCT OF DELHI) ..... Respondent Through: Mr. Sanjay Lao, APP CORAM: HON'BLE MR. JUSTICE P.K.BHASIN HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT P.K.BHASIN, J: By way of this appeal the convicted-accused has challenged the judgment and order dated 19th November, 2011 passed by the learned Additional Sessions Judge whereby he has been convicted for the commission of the offence punishable under Section 376(2)(f) of the Indian Penal Code ('IPC' for short) for having raped a five years old girl and sentenced to undergo imprisonment for life and also to pay fine of Rs.5,000/-, with a default stipulation of two months simple imprisonment in case of on payment of fine.2. The relevant facts leading to the trial and conviction of the appellant-accused, as noticed by the learned trial judge in the imp...

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Jul 17 2014

Anupama Gupta and ors Vs. Kuldeep Singh and ors

Court: Delhi

Decided on: Jul-17-2014

$~24. * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 948/2013 % Judgment dated 17.07.2014 ANUPAMA GUPTA & ORS ..... Plaintiffs Through : Mr.Arunav Patnaik and Ms.Bhabna Das, Advs. versus KULDEEP SINGH & ORS Through : ..... Defendants Mr.P.S. Patwalia, Sr. Adv. with Mr.Ashok Mahajan and Ms.Kamlesh Mahajan, Advs. for defendant no.1. Mr.Y.R. Sharma, Adv. for defendant no.9. Mr.Ravi Bassi, Adv. for defendants no.11 to 17, 23 to 25 and 27 to 29. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J (ORAL) I.A.3470/2014 1. This is an application filed by defendant under Order VII Rule 11 CPC read with Section 151 CPC seeking rejection of the plaint on the ground that all the disputes between the parties have attained finality before the Supreme Court of India by a detailed judgment dated 7.2.2014 passed in Civil Appeals Nos.1873, 1874 and 1875/2014, and, thus, there is no cause of action in favour of the plaintiffs for the continuation of the present suit.2. This application has been opp...

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