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Delhi Court September 2014 Judgments

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Sep 25 2014 (HC)

Ram Baboo JaIn and ors Vs. VipIn Kumar JaIn and ors

Court: Delhi

$~ 23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 2370/2013 Date of decision :25. h September, 2014 % RAM BABOO JAIN AND ORS ..... Plaintiffs Through: Mr.Girish Aggarwal and Mr.Vaibhav Jain, Advocates versus VIPIN KUMAR JAIN AND ORS ..... Defendant Through: Mr.Rajeev Saxena, Adv for D=1 CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J.(ORAL) I.A. 11910/2014 1. This is an application filed by the plaintiffs under Order XII Rule 6 CPC, seeking judgment on admissions. The necessary facts to be noticed for disposal of the application are that the parties to the present suit i.e. plaintiffs no.1 to 3 and defendant no.1 are brothers and defendants no.4 to 6 are the sisters. The parties are children of late Sh.Ratan Lal Jain and Smt.Shanti Devi Jain.2. Admittedly, Sh.Ratan Lal Jain was the owner of a flat No.C-4/31 situated at Rajasthali Apartments, Madhuban Chowk, Pitampura, Delhi. The conveyance deed dated 19.12.2000 stands in the name of Sh.Ratan Lal Jain, who died on 8.12.2003...

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Sep 25 2014 (HC)

Commissioner of Income Tax Vs. M/S Steel Authority of India Ltd.

Court: Delhi

$~32 & 33 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: September 25, 2014 + ITA5992014 & CM No.15750/2014 COMMISSIONER OF INCOME TAX Through: ..... Appellant Ms.Suruchi Aggarwal, Sr.Standing Counsel Versus M/S STEEL AUTHORITY OF INDIA LTD. ..... Respondent Through: + ITA6002014 COMMISSIONER OF INCOME TAX Through: ..... Appellant Ms.Suruchi Aggarwal, Sr.Standing Counsel versus M/S STEEL AUTHORITY OF INDIA LTD. ..... Respondent Through: CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE V. KAMESWAR RAO SANJIV KHANNA, J (ORAL) CM No.15750/2014 in ITA No.599/2014 Exemption allowed, subject to all just exceptions. Application stands disposed of. ITA No.599/2014 ITA No.600/2014 These two appeals filed by the revenue under Section 260A of the Income Tax Act, 1961 (Act, in short) relate to the Assessment Years 1999-2000 and 2000-2001.2. By the common impugned order dated 24.01.2014, Income Tax Appellate Tribunal (Tribunal, in short), has affirmed the order of the Commi...

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Sep 25 2014 (HC)

Ravi Shankar @ Chintu Vs. State

Court: Delhi

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : September 25, 2014 + CRL.A. 509/2014 RAVI SHANKAR @ CHINTU ..... Appellant Represented by: Ms.Saahila Lamba, Advocate versus STATE Represented by: ..... Respondent Mr.Lovkesh Sawhney, APP CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA PRADEEP NANDRAJOG, J.(Oral) 1. Believing the testimony of Naresh Chauhan PW-4, the brother of deceased Sonu, and finding corroboration to the fact that the purse Ex.P-1 got recovered by the appellant has been proved to be the stolen property; and keeping in view that the appellant refused to participate in the TIP proceedings, vide decision dated October 19, 2013, the appellant has been convicted for the offence punishable under Section 302, 392 and 397 of the Indian Penal Code. For the offence of murder the appellant has been sentenced to undergo imprisonment for life and pay fine in sum of `20,000/(Rupees Twenty Thousand only), in default to undergo simple ...

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Sep 25 2014 (HC)

National Investor Forum Regd. Vs. Golden Forests India Ltd.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:25. 09.2014 + W.P.(C) 1399/2010 NATIONAL INVESTOR FORUM REGD. ..... Petitioner versus GOLDEN FORESTS INDIA LTD. + ..... Respondent W.P.(C) 1400/2010 NATIONAL INVESTORS FORUM ..... Petitioner versus GOLDEN FORESTS INDIA LTD. ..... Respondent Through: Sh. Harpawan Kumar Arora, Advocate, for Committee-GFIL. Sh. Pawan Mutreja with Ms. Prachi. V. Sharma, Advocates, for Resp. No.2 in C.M. No.3988/2013 in Item No.9. Sh. Rajeev Sharma and Sh. Sahil Bhalaik, Advocates, for respondents in Item Nos. 9 and 10. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE VIPIN SANGHI MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) % C.M. NO.3988/2013 in W.P.(C) 1399/2010 W.P.(C) 1399/2010 Page 1 1. By this application, the Committee for GFIL seeks confirmation of its two orders dated 09.01.2013 and 12.03.2013. These, in turn, were based on proceedings initiated pursuant to the Show Cause Notices issued to the first two respondents on various dates ...

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Sep 25 2014 (HC)

Karamyogi Shelters Pvt Ltd Vs. Benarsi Krishna Committee and ors

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of hearing and order:25. h September 2014. + FAO(OS) 256/2014 KARAMYOGI SHELTERS PVT LTD ..... Appellant Through Ms. Nitya Ramakrishnan & Mr. Aswath Sitaraman, Advocates versus BENARSI KRISHNA COMMITTEE & ORS ..... Respondents Through Mr. T.K. Gunju, Sr.Advocate with Mr. Rohit Gandhi & Mr. Varun Garg, Advocates CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MR. JUSTICE NAJMI WAZIRI ORDER % 25.09.2014 KAILASH GAMBHIR, J.(ORAL) 1. In the instant appeal filed under Section 37 (1) (b) of the Arbitration and Conciliation Act, 1996 read with Section 10(1) of the Delhi High Court Rules, the appellant seeks to challenge the impugned judgment dated 03.02.2014 passed by the learned Single Judge, whereby the petition filed by the appellant under Section 34 of the Arbitration and Conciliation Act, 1996 was dismissed.2. Ms. Nitya Ramakrishnan, the learned counsel appearing for the appellant vehemently contended that the learned Single Judge failed ...

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Sep 25 2014 (HC)

New Holland Tractors (India) Private Limited Vs. the Commissioner of I ...

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI INCOME TAX APPEAL NOS. 182/2002 & 255/2003 Reserved on :5. h September, 2014 Date of decision:25. h September, 2014 NEW HOLLAND TRACTORS (INDIA) PRIVATE LIMITED ..... Appellant Through Mr. C.S. Aggarwal, Sr. Advocate with Mr. Prakash Kumar, Advocate. versus THE COMMISSIONER OF INCOME TAX, DELHI-V ..... Respondent Through Mr. N.P. Sahni, Sr. Standing Counsel. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE V. KAMESWAR RAO SANJIV KHANNA, J.: These two appeals by the assessee-New Holland Tractors (India) Private Limited relate to Assessment Year 1996-97. In ITA No.182/2002, the issue raised is whether entire license fee of Rs.15,68,50,000/- received or paid under the agreement dated 14th July, 1995 is taxable in the year of receipt or it should be spread over three years. In ITA No.255/2003, the appellant-assessee has challenged order of the Income Tax Appellate Tribunal (Tribunal, for short) upholding levy of penalty for concealmen...

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Sep 24 2014 (HC)

Diwan Chand Vs. Government of National Capital Territory Fo Delhi

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:24. 09.2014 W.P.(C) 5375/2013 & CM120222013 ..Petitioner DIWAN CHAND versus GOVERNMENT OF NATIONAL CAPITAL TERRITORY FO DELHI & ANOTHER ..Respondents Advocates who appeared in this case: For the Petitioner : Mr Rajat Aneja. For the Respondents : Mr Yeeshu Jain and Ms Jyoti Tyagi CORAM: HON'BLE MR JUSTICE BADAR DURREZ AHMED HON'BLE MR JUSTICE SIDDHARTH MRIDUL JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. The learned counsel for the petitioner states that this matter is covered by the decision of this court in the case of Girish Chhabra v. Lt. Governor of Delhi and Ors.: WP(C) No.2759/2014. He states that although possession of the subject land has been taken, the award was made more than five years prior to the commencement of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the 2013 Act), which came into effect on 01.01.2014, by virtue of aw...

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Sep 24 2014 (HC)

Davinder Singh Vs. Ravinder Singh and ors

Court: Delhi

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 2624/2010 Date of decision :24th September, 2014 % DAVINDER SINGH ..... Plaintiff Through Mr.Karam Chand Dhiman, Adv. versus RAVINDER SINGH & ORS ..... Defendant Through Mr.P.D.Gupta with Mr.Ashish Gupta, Advs. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J.(ORAL) 1. Plaintiff has filed the present suit for permanent injunction, possession, damages and relief of partition. Plaintiff and defendant no.1 are real brothers and defendant nos.2 & 3 are sisters of plaintiff and defendant no.1.2. Counsel for the defendants submits that during the pendency of the suit the cause of action has vanished and the present suit should be dismissed.3. It may be noticed that a categorical assertion was made in the written statement that during the life time of the father of the parties, the suit property was sold and transferred to the defendants for valuable consideration and necessary documents such as duly registered Agreement to Sell, Wil...

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Sep 24 2014 (HC)

Ajay Bharti @ Pandit Vs. State

Court: Delhi

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: September 24, 2014 + CRL.A. 852/2014 AJAY BHARTI @ PANDIT Represented by: ..... Appellant Ms.Saahila Lamba, Advocate versus STATE Represented by: ..... Respondent Ms.Aashaa Tiwari, APP Insp.Jerawar Singh, PS Prashant Vihar CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA PRADEEP NANDRAJOG, J.(Oral) 1. Bimla @ Rani was brought to the casualty of Baba Saheb Amedkar Hospital, Rohini by an unknown rickshaw puller at 10:10 PM on January 20, 2006 where she was attended to by Dr.Deepti Bhalla PW-8. She drew up Bimlas MLC Ex.PW-8/A recording therein that history of injuries given by the victim was sexual assault with burn injuries over the body. She noted that the patient was conscious and oriented. The pulse was 100 per minute and B.P. 100/60 mmHg. After giving primary medical aid she referred the patient to Safdarjung Hospital, which has a speciality wing concerning burn injuries.2. HC Khiladi Ram ...

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Sep 24 2014 (HC)

Mohd.Anish Vs. State

Court: Delhi

$~8 & 9 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: September 24, 2014 + CRL.A. 534/2014 FAIZ MOHD. & ANR. Represented by: ..... Appellants Mr.S.K.Sharma, Advocate with Mr.Puneet Relan, Mr.Prayas Aneja, Mr.Archit Vasudeva, Mr.Rahul Sharma, Advocates versus STATE Represented by: + ..... Respondent Ms.Aashaa Tiwari, APP for the State with Insp.Harpal Singh, PTS Wazirabad CRL.A. 777/2014 MOHD ANISH Represented by: ..... Appellant Mr.S.K.Sharma, Advocate with Mr.Puneet Relan, Mr.Prayas Aneja, Mr.Archit Vasudeva, Mr.Rahul Sharma, Advocates versus STATE Represented by: ..... Respondent Ms.Aashaa Tiwari, APP for the State Insp.Harpal Singh, PTS Wazirabad CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA PRADEEP NANDRAJOG, J.(Oral) 1. Having heard learned counsel for the parties, we are of the opinion that whereas Crl.A.No.534/2014 filed by Faiz Mohd. and Salma, the father and mother respectively of Mohd.Anish has to be allowed, the matter needs to ...

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