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Delhi Court January 2015 Judgments

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Jan 19 2015

Lala Diwan Chand Trust Through Its Trustee Mr. Raj Vs. New Delhi Munic ...

Court: Delhi

Decided on: Jan-19-2015

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:19. 01.2015 W.P.(C) 3573/2012 & CM75412012 LALA DIWAN CHAND TRUST THROUGH ITS TRUSTEE MR. RAJENDRA KUMAR GUPTA versus ..... Petitioner NEW DELHI MUNICIPAL COUNCIL ..... Respondent Advocates who appeared in this case: For the Petitioner : Mr P.S. Bindra. For the Respondent : Mr Arvind Shah for NDMC. CORAM:HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J1 The petitioner impugns communications dated 23.11.2010 and 06.05.2011 calling upon the petitioner to pay 50% of the unearned increase, in respect of the property bearing No.12/172, Jor Bagh Market, New Delhi (hereafter the said property), as a condition for substitution of the said property in the name of the petitioner.2. The controversy to be addressed is whether a person who receives a bequest of an immovable property, by virtue of a Will, is liable to pay unearned increase in respect of the said property, for the same to be mutated in his favour or for his name to...


Jan 19 2015

Managing Committee National Public School Vs. Govt. of Nct of Delhi an ...

Court: Delhi

Decided on: Jan-19-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on : January 13, 2015 Judgment Pronounced on : January 19, 2015 + LPA4362009 MANAGING COMMITTEE NATIONAL PUBLIC SCHOOL ..... Appellant Represented by: Dr.Bipin Kr.Dwivedi, Advocate versus GOVT. OF NCT OF DELHI & ORS. ..... Respondents Represented by: Ms.Purnima Maheshwari, Advocate for R-1 & R-2 Ms.Indrani Ghosh, Advocate for R-6 Mr.K.K.Sharma, Sr.Advocate instructed by Ms.Bhanita Patowary, Mr.Angshuman Khound, Mr.Rajiv Bakshi, Advocates for R-7 LPA4372009 MANAGING COMMITTEE NATIONAL PUBLIC SCHOOL ..... Appellant Represented by: Dr.Bipin Kr.Dwivedi, Advocate versus GOVT. OF N.C.T. OF DELHI & ORS. ..... Respondents Represented by: Ms.Purnima Maheshwari, Advocate for R-1 & R-2 Ms.Indrani Ghosh, Advocate for R-6 Mr.K.K.Sharma, Sr.Advocate instructed by Ms.Bhanita Patowary, Mr.Angshuman Khound, Mr.Rajiv Bakshi, Advocates for R-7 CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J.1...


Jan 19 2015

Sanjay Sharma Vs. State

Court: Delhi

Decided on: Jan-19-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Order delivered on:19. h January, 2015 % + BAIL APPLN. 2123/2014 SANJAY SHARMA Through ..... Petitioner Mr.Manoj Ohri, Sr.Adv. with Mr.Jitender Verma & Mr.Vishv Nidhi, Advs. versus STATE Through ..... Respondent Ms.Jasbir Kaur, APP for the State CORAM: HON'BLE MR.JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The petitioner has filed the above mentioned application for grant of bail. On the basis of the complaint filed by the complainant Sant Shri Krishna Swami, FIR No.340/2013 was registered against the petitioner and other accused 420/468/467/471/120-B/34 IPC. persons under Sections The relevant extract of the FIR reads as under:I Sant Krishna Swami S/o Pandit Sh. Radha Mohan Mishr R/o A-29/22, Mahendra Park, Azadpur, Delhi and I want to open a Gaushala and School and for that purpose I was searching for a plot and I seen various plot and asked the different persons who are on visiting terms in my Aashra and Amir Chand Buttan, Ajay Buttan, Avina...


Jan 19 2015

Bindu Dhanwal and Ors Vs. Balwinder Kumar, Vice Chairman Dda and Ors

Court: Delhi

Decided on: Jan-19-2015

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:19. h January, 2015 . % + LPA No.7/2015 BINDU DHANWAL & ORS .... Appellants Through: Mr. Vanshdeep Dalmia with Mr. Hemant Raj Phalpher & Mr. Parth Goswami, Advs. Versus BALWINDER KUMAR, VICE CHAIRMAN, DDA & ORS ..... Respondents Through: Mr. Dhanesh Relan with Mr. Arush Bhandari, Adv. for DDA. CORAM :HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. This appeal impugns the orders dated 19th November, 2014 and 6th January, 2015 of the learned Single Judge of this Court in Cont.Cas.(C) No.712/2014 filed by the respondent no.5 Smt. Karuna Gupta against the respondents no.1 to 4 being the officials of the Delhi Development Authority (DDA).2. The appeal was filed on 7th January, 2015 itself and was mentioned for urgent listing and was taken up for hearing at about 1315 hours. It was then the case of the counsel for the appellant that the copy of the order of previous day i.e. 6th January, 2015 im...


Jan 19 2015

Union of India and Anr. Vs. M/S Mahalaxmi Saw Mills Pvt. Ltd

Court: Delhi

Decided on: Jan-19-2015

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:19. h January, 2015. % + LPA No.2514/2005 UNION OF INDIA & ANR. .. Appellants Through: Mr. Ruchir Mishra & Mr. Mukesh Kumar Tiwari, Advs. Versus M/S MAHALAXMI SAW MILLS PVT. LTD. .. Respondent Through: Mr. S.K. Rungta, Sr. Adv. with Mr. Prashant Singh, Adv. CORAM:HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.CMs No.13486/2014 & 13487/2014 (for restoration of the appeal dismissed in default of appearance on 28th January, 2010 and for condonation of four years four months delay in applying therefor) 1. Notice of these applications was issued and we have heard the counsel for the appellants and the senior counsel for the respondent.2. The appellants i.e. the Union of India and the Land and Development Officer (L&DO) had preferred this intra-court appeal against the judgment dated 10th June, 2005 of the learned Single Judge of this Court of allowing W.P.(C) No.2546/2003 filed by the respondent ...


Jan 19 2015

Ris Joginder Singh Vs. Uoi and Ors.

Court: Delhi

Decided on: Jan-19-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on : January 14, 2015 Judgment Pronounced on : January 19, 2015 + W.P.(C) 1369/2012 RIS JOGINDER SINGH Represented by: ..... Petitioner Mr.Anil Srivastava, Advocate with Mr.Amit Kumar Sachan, Advocate versus UOI AND ORS Represented by: ..... Respondents Mr.Ankur Chhibber, Advocate for R1 to R-3 Mr.H.S.Tiwari, Advocate for R-4 CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J.1. The writ petitioner impugns an order dated November 09, 2011 passed by the Armed Forces Tribunal dismissing Original Application No.52 of 2010 .2. The grievance of the writ petitioner before the Tribunal was of not being granted extension of service as a Risaldar and another Risaldar Sukhraj Singh being granted the extension in service on the ground he had served in an operation area Meghdoot.3. The factual matrix pertaining to the case of the petitioner is not in dispute and may be succinctly stated b...


Jan 19 2015

Federation of Residents Welfare Associations Vasan Vs. Union of India ...

Court: Delhi

Decided on: Jan-19-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:19. h January, 2015. % + W.P.(C) 3687/1995 FEDERATION OF RESIDENTS WELFARE ASSOCIATIONS, VASANT KUNJ ..... Petitioner Through: Cpt. Karan Singh Bhati with Mr. Shubham Shri Seth and Mr. Dinesh Bhati, Advs. Versus UNION OF INDIA & ORS. Through: ..... Respondents Mr. Manish Mohan with Ms. Pooja Sarkar, Ms. Hina Shaheen, Mr. Abhay Prakash Sahay, Mr. Amit Kishore Sinha and Ms. Sidhi Arora, Advs. for UOI. Mr. Abhay P. Singh, Adv. for Mr. Gaurang Kanth, Adv. for MCD. Mr. Arun Birbal, Adv. for DDA. Mr. Siddharth Yadav with Mr. Wasim Ashraf, Advs. for review petitioner. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.Review Petition No.240/2014 & CM No.6255/2014 (for condonation of 3799 / 238 days delay in applying for review) 1. Gram Vikas Samiti, Masoodpur, Vasant Kunj, New Delhi which was not a party to the writ petition seeks review of the order dated 3rd December, 2003 disposing of the ...


Jan 19 2015

Philips India Pvt. Ltd. Vs. Shree Sant Kripa Appliances Pvt. Ltd.

Court: Delhi

Decided on: Jan-19-2015

* THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on:30. 10.2014 Judgment delivered on:19. 01.2015 % + CS(OS) No.1913/2014 PHILIPS INDIA PVT. LTD. ....PLAINTIFF VERSUS SHREE SANT KRIPA APPLIANCES PVT. LTD. .....DEFENDANT ADVOCATES WHO APPEARED IN THIS CASE: For the Petitioner : For the Respondents : Mr. Anish Kapur and Mr. Mohit Mathur, Advs. Mr. Shailen Bhatia and Ms. Priti, Advs. CORAM :HON'BLE MR JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J IA No.11819/2014 (u/O39R1 & 2 r/w S.151 CPC for stay) 1. The present suit has been filed to seek a decree of permanent injunction qua the defendant against what the plaintiff construes as false, misleading and disparaging representations. plaintiff, are essentially in The representations, according to the the form of advertisements/internet representations. The captioned application, which is what I am concerned with presently, is filed in aid of the reliefs claimed in the suit. 1.1 The suit, as framed, is in the nature of trade libel, which i...


Jan 19 2015

Commissioner of Income Tax Vs. M/S Kelvinator of India Ltd.

Court: Delhi

Decided on: Jan-19-2015

* + IN THE HIGH COURT OF DELHI AT NEW DELHI ITA No.165/2001 Reserved on:13th October, 2014 Date of Decision:19. h January, 2015 % COMMISSIONER OF INCOME TAX ....Appellant Through Mr. N.P. Sahni, Sr. Standing Counsel and Mr. Nitin Gulati, Jr. Standing Counsel. Versus M/S KELVINATOR OF INDIA LTD. Respondent Through Mr. Ajay Vohra, Sr. Advocate with Ms. Kavita Jha and Mr. Vaibhav Kulkarni, Advocates. ITA No.170/2001 COMMISSIONER OF INCOME TAX ....Appellant Through Mr. N.P. Sahni, Sr. Standing Counsel and Mr. Nitin Gulati, Jr. Standing Counsel. Versus M/S KELVINATOR OF INDIA LTD. Respondent Through Mr. Ajay Vohra, Sr. Advocate with Ms. Kavita Jha and Mr. Vaibhav Kulkarni, Advocates. CORAM: HONBLEMR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE V. KAMESWAR RAO SANJIV KHANNA, J.Revenue has preferred these two appeals under Section 260A of the Income Tax Act, 1961 (Act, for short) in the case of Kelvinator of India Ltd. (now known as Whirlpool India Ltd.). These appeals pertain to assessment yea...


Jan 19 2015

Donaldson India Filters Systems Pvt. Ltd Vs. Dcit, Circle 10(1)

Court: Delhi

Decided on: Jan-19-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: January 07, 2015 Pronounced on: January 19, 2015 + ITA862014 DONALDSON INDIA FILTERS SYSTEMS PVT. LTD. ..... Appellant Through: Mr.Nageshwar Rao, Ms.Sayaree Basu Mallik and Mr.Shailesh Kumar, Advs. Versus DCIT, CIRCLE101) Through: ..... Respondent Mr.Rohit Madan, Mr.Ruchir Bhatia, Mr.Akash Vajpai and Mr.P.Roychaudhuri, Advs. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K.GAUBA MR. JUSTICE R.K.GAUBA % 1. This appeal by the assessee seeks to assail the order dated 27.05.2013 passed by Income Tax Appellate Tribunal (ITAT) in appeal registered as ITA No.2141/Del/2012 and for quashing of the re-assessment order passed by the respondent (the assessing authority) under Section 147 of the Income Tax Act. By the impugned order, the ITAT set aside the order passed by the Commissioner Income Tax (Appeals) [CIT(A)]. on 15.02.2012 whereby the assessment order made on 02.12.2010 by Assistant Commissioner, Income Tax Circle 1...


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