Delhi Court December 2015 Judgments
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Commissioner of Income-tax, Delhi Vs. Suman Dhamija
Court: Delhi
Decided on: Dec-08-2015
S. Muralidhar, J. 1. These are three Income Tax Appeals (ITAs) and four Wealth Tax Appeals (WTAs) filed by the Revenue. ITA Nos.20, 21and 24 of 2003 are in respect of Assessment Years (AY) 1988-89, 1989-90 and 1985-86 respectively. WTA Nos.3/2003, 4/2003, 5/2003 and 6/2003 are in respect of AYs 1992-93, 1990-91, 1991-92 and 1988-89 respectively. 2. It must be noted at the outset as far as the Revenue's appeals under the Income Tax Act, 1961 ('Act') are concerned, there were originally nine appeals, ITA Nos. 20 to 28 of 2003. Common questions of law were framed in all the appeals by the Court on 14th September, 2004. By the order dated 7th April, 2011, ITA Nos. 22 to 28 of 2003 were disposed of by the Court without answering the questions framed on account of the Circular dated 9th February, 2011 of the Central Board of Direct Taxes (CBDT) since the tax effect in each of the appeals was less than Rs.10 lakhs. Subsequently, review petitions were filed by the Revenue in respect of three o...
Rajesh Kumar Gupta Vs. State
Court: Delhi
Decided on: Dec-08-2015
R.K. Gauba, J. 1. On 9.10.1994, Anju, wife of Rajesh ( the appellant ?), aged 22 years, suffered burn injuries in the evening hours at her residence in property No. RZ 59 F, Dharam Pura Colony, Najafgarh. She was brought to Deen Dayal Hospital ( the hospital ?) at 9 p.m. on the same night by her husband (the appellant). She succumbed to the burn injuries during treatment in the hospital at 5.05 a.m. on 15.10.94. The First Information Report ( FIR ?) was registered (vide Ex.PW4/A) on 17.10.94 at 1 p.m., under directions dated 16.10.94 (Ex.PW10/J) of Mr. Virender Kumar (PW-10), the Sub Divisional Magistrate ( SDM ?) on the basis of statement (Ex.PW10/H) of Smt. Shanti, mother of the victim, and the matter taken up for investigation into offences under Sections 498 A and 304 B of the Indian Penal Code, 1860 ( IPC ?). 2. On conclusion of investigation into the aforementioned FIR, report under Section 173 of the Code of Criminal Procedure, 1973 ( Cr.P.C ?) was submitted. This led to the app...
Om Prakash and Others Vs. Prem Singh
Court: Delhi
Decided on: Dec-08-2015
Open Court: C.M. No.16194/2014 (under Section 5 of the Limitation Act read with Order 41 Rule 3A CPC for seeking condonation of 2448 days delay in filing the present appeal) 1. This application has been filed by the appellants to seek condonation of 2448 days delay in filing the present second appeal. 2. This appeal is directed against the judgment and decree dated 05.10.2007 passed by Sh. M.C. Garg, Additional District Judge, Tis Hazari Courts, Delhi (as His Lordship then was) in RCA No.8/2006. The appeal has been preferred only on 18.09.2009, thereby entailing the aforesaid delay. 3. The explanation furnished by the appellants to seek condonation of delay is that the appellants had preferred a review petition within the period of limitation before the First Appellate Court, which got decided only on 16.08.2014. The present appeal was filed within the period of limitation from the passing of the review order dated 16.08.2014. The appellants submit that the appellants had been diligent...
Ram Niwas Gupta and Another Vs. MCD
Court: Delhi
Decided on: Dec-08-2015
Pradeep Nandrajog, J. 1. The factual backdrop leading to the filing of the above captioned intra-court appeal is that Mr.Ram Niwas Gupta, appellant No.1 and Mr.Syed Ahmed, appellant No.2 were appointed to the post of Junior Engineer in the erstwhile Municipal Corporation of Delhi (hereinafter referred to as the MCD) on November 30, 1960 and April 10, 1961 respectively. 2. In the year 1970 the hierarchical structure of posts in the Engineering Department of the MCD was as under:-Municipal EngineerIISuperintendent EngineerIIExecutive EngineerIIAssistant EngineerIIJunior Engineer 3. On June 27, 1970 the MCD framed Recruitment Rules for its Engineering Services Department, the salient features whereof were as under:- a) 80% of the posts of Junior Engineer to be filled by direct recruitment and remaining 20% to be filled by promotion from amongst Works Assistants already in the service of the MCD having diploma in Civil Engineering and minimum experience of two years. A diploma in Civil Eng...
Panchayati Akhara Naya Udaseen Vs. Union of India and Others
Court: Delhi
Decided on: Dec-08-2015
1. The petitioner, claiming to a religious sect, has filed this petition (i) for setting aside of the acquisition if any made in the papers of the Government; and, (ii) to restrain the respondents i.e. Union of India (UOI), Lt. Governor, Delhi, Delhi Development Authority (DDA) and Collector, Acquisition (West) from taking possession of the land measuring 2 bighas 19 biswas (2975 sq. yds.) comprising in Khasra No.3146/923 (1 bigha and 17 biswas) and Khasra No.3075/922 (1 bigha and 2 biswas) situated in village Bassai Dara Pur (Now Kirti Nagar Industrial Area), New Delhi. 2. Notice of the petition was issued and vide ad interim order dated 8th March, 2004 status quo was ordered to be maintained in respect of the land and building in question. 3. Counter affidavit has been filed by the DDA and by the UOI and a rejoinder has been filed to the counter affidavit of the DDA. Vide order dated 9th September, 2004 the ad interim order was confirmed and the writ petition directed to be listed in...
Ministry of Defence, Government of India Vs. Cenrex Sp. Z.O.O and Othe ...
Court: Delhi
Decided on: Dec-08-2015
Oral: 1. This petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act') is filed by the Union of India through the Ministry of Defence objecting to the majority Award of the Arbitration Tribunal dated 23.4.2007. The impugned Award dated 23.4.2007 has been passed by two of the three Arbitrators. The two Arbitrators who have passed the majority Award in favour of the respondent no.1 are Mr. George Dobry CBE QC and Dr. Jerzy Modrzejewski. The minority Award is of the third Arbitrator Sh. P.H. Parekh. I may note that the majority Award dated 23.4.2007 was modified by an Order dated 15.5.2007 as regards the currency of payment aspect. 2. The disputes and differences between the parties pertain to the relationship between them with the petitioner as a buyer and the respondent no.1 as a seller under the Contract dated 25.2.2002 whereby the respondent no.1 was to supply to the petitioner three consignments of parachutes and related equipments...
Honey Enterprises Vs. Commissioner of Income-tax, Delhi
Court: Delhi
Decided on: Dec-08-2015
Vibhu Bakhru, J. 1. These appeals “ four in number “ are filed under Section 260A of the Income Tax Act, 1961 (hereafter the 'Act') impugning two separate orders of the Income Tax Appellate Tribunal (hereafter 'ITAT') in respect of Assessment Years (hereafter 'AY') 1992-93 and 1993-94. Whilst ITA Nos. 163/2002 and 377/2004 are Assessee's appeals impugning ITAT's orders dated 19th December, 2001 for AY 1992-93 and 15th December, 2003 for AY 1992-93 respectively; ITA No. 260/2002 and ITA No. 537/2004 have been preferred by the Revenue against the aforementioned orders passed by the ITAT. 2. Identical questions have been raised in the appeals preferred by the Revenue as well as the Assessee. These appeals were admitted by an order dated 21st September, 2004. Insofar as the appeals of the Revenue are concerned (being ITA Nos. 260/2002 and 537/2004), the following question of law was framed: ” "Whether the ITAT was correct in law in admitting the addition made by the asses...
Government of NCT of Delhi Thr Secretary Vs. Poonam Gupta and Others
Court: Delhi
Decided on: Dec-08-2015
G. Rohini, CJ. 1. Government of NCT of Delhi is the appellant in these appeals preferred against the orders in W.P.(C) No.1368/2014, W.P.(C) No.7123/2013, W.P.(C) No.3579/2014 and W.P.(C) No.2110/2014 respectively. 2. The common question that arises for consideration is whether rejection of the applications of the writ petitioners for allotment of alternative plots under the Scheme of Large Scale Acquisition, Development and Disposal of Land in Delhi, 1961 merely on the ground of delay in making the applications is sustainable. 3. The Government of India, Ministry of Home Affairs formulated a scheme called Large Scale Acquisition, Development and Disposal of Land in Delhion 02.05.1961 with the object of providing developed residential plots to farmers whose lands are acquired for planned development of Delhi. The said scheme is being implemented by the GNCTD, Department of Land and Building by inviting applications for grant of alternative plots in lieu of acquired land through press a...
Creation for Children International Vs. Bpi (India) Pvt. Ltd. and Othe ...
Court: Delhi
Decided on: Dec-07-2015
1. The plaintiff has filed the present suit for recovery of a sum of Rs.1,32,85,240/- along with pendente lite and future interest @ 18% per annum. 2. The plaintiff is a Limited Company incorporated and registered under the laws of Belgium, under registration number BE 476.404/513, having its registered office at Steenweg Op Deinze, 150, B- 9810, Nazareth, Belgium and engaged in the business of designing, publishing, selling and producing books and allied items for children for sale in the international market. 3. As per the plaint, Mr. Marc Barbier, working as Director with the plaintiff Company and Mr. Dirk Van Pamel have been jointly and severally authorized vide Board Resolution dated 1st June, 2010 to inter alia file and sign the present suit on behalf of the plaintiff and to do all other deeds and things on behalf of the plaintiff Company required for the purpose. 4. The defendant No.1 is a private limited company registered under the Companies Act, 1956 having its registered off...
Lalta Prasad Vs. State
Court: Delhi
Decided on: Dec-07-2015
R.K. Gauba, J. 1. The appellant stood trial (in sessions case no.103/1996) in the court of Additional Sessions Judge, Delhi, on the charge that he, in furtherance of intention shared with three others (including co-accused Ramdin son of Shobha Ram), had kidnapped two minor sons of the first informant Ram Gopal Sharma (PW7) at about 08:00 AM on 19.11.1993, on way between their residence WZ-81, Guru Nanak Nagar and MCD Primary School, Keshopur, within the jurisdiction of police station Tilak Nagar and, thereafter, kept them in detention till 08.12.1993, threatening to cause their death, thereby giving rise to apprehension in the mind of their father in order to compel him to pay ransom demanded in the sum of Rs.3 lakh and thereby having committed the offence punishable under Section 364-A read with Section 34 of Indian Penal Code, 1860 ( IPC ?). Two of the said accomplices were never arrested, while Ramdin son of Shobha Ram died midway the trial on 18.11.1996. 2. By judgment dated 04.10....
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