Delhi Court December 2015 Judgments
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Commissioner of Income-tax, Delhi Vs. Sharda Sinha
Court: Delhi
Decided on: Dec-22-2015
Dr. S. Muralidhar, J. 1. This appeal is directed against the order dated 5th March 2003 passed by the Income Tax Appellate Tribunal ('ITAT') in ITA No. 5140/Del/1997 for the Assessment Year ('AY') 1994-95. 2. The Respondent is the successor-in-interest and legal representative of the deceased Assessee. The Assessee was a journalist by profession and was appointed as the Foreign Correspondent in India of a German news magazine Der Spiegel by an agreement dated 14th December 1970 at a monthly flat rate honorarium of $250 in addition to a further payment for any published contributions whose copyright would be with the German publisher. Either party could terminate the contract at the end of a calendar quarter by giving notice of six weeks. Der Speigel terminated the contract with effect from 1st December 1993 and paid compensation of DM 3,00,000 (Rs. 53,82,000) for the association of the past 23 years and loss of work space. 3. In the original return the assessee claimed this amount as a...
Virender Pratap Singh and Another Vs. State of NCT of Delhi
Court: Delhi
Decided on: Dec-22-2015
1. The appeal filed by Virender Pratap Singh is directed against the impugned judgment and order on sentence dated 13.03.2013 and 20.03.2013 respectively wherein the appellant Virender Pratap Singh stands convicted under Section 392 read with Sections 394 and 397 of the IPC. He has been sentenced to undergo RI for a period of 7 years and to pay a fine of Rs.10,000/- and in default of payment of fine, to undergo SI for one month. 2. The appeal filed by the co-convict Rajesh Kumar has impugned the judgment and order on sentence dated 10.12.2013 and 14.12.2013 respectively wherein the appellant Rajesh Kumar had also been convicted under Section 392 read with Section 394 of the IPC as also Sections 25/54/59 of the Arms Act. He has been sentenced to undergo RI for a period of 7 years and to pay a fine of Rs.10,000/- and in default of payment of fine to undergo SI for one month for his conviction under Section 392 of the IPC. For his conviction under Sections 25/54/59 of the Arms Act, he has...
Rajendra Singh Vs. U.O.I. and Others
Court: Delhi
Decided on: Dec-22-2015
1. The challenge in this writ petition is to the dismissal order dated June 18, 2008, show-cause notice dated May 16, 2008, enquiry report dated May 12, 2008 and charge sheet dated December 28, 2007. The Facts:- 2. Some of the relevant facts are, a show cause notice dated September 14, 2007 was issued to the petitioner calling for his explanation in relation to his alleged absence from duty at Raipur Unit, as also non maintenance of the attendance register. It is the case of the petitioner that a reply to the show cause notice dated September 24, 2007 was filed denying the allegations. Vide another Office Memorandum dated October 9, 2007, petitioner was called upon to explain his alleged commission of misconduct by remaining absent unauthorisedly from the duty. Vide his reply dated October 30, 2007, the petitioner held out assurance of discharging of his duties at Raipur Unit. A charge sheet dated December 28, 2007 was served upon the petitioner containing four Articles of Charge being...
The Commissioner of Income Tax-LTU and Another Vs. Whirlpool of India ...
Court: Delhi
Decided on: Dec-22-2015
Dr. S. Muralidhar, J. 1. These two appeals, one by the Revenue and the other by the Assessee, under Section 260 A of the Income Tax Act 1961 ('Act') are directed against the common order dated 13th January 2014 passed by the Income Tax Appellate Tribunal ( ˜ITAT') in ITA No. 426/Del/2013 for the Assessment Year ( ˜AY') 2008-09. The issue 2. These appeals concern the issue of transfer pricing ( ˜TP') adjustment in relation to the incurring of advertisement, marketing and sales promotion ( ˜AMP') expenses by the Indian entities involved in international transactions with their respective foreign associated enterprises ( ˜AEs'). The case of the Revenue is that the arm's length price ( ˜ALP') of the AMP expenses incurred by the Indian entity i.e the Assessee is required to be determined since it has been using, for marketing and promotion or otherwise the brand of its foreign AE and that the incurring of such AMP expenses, while enuring to the benefit of...
Meenu Shokeen and Another Vs. Director of Education and Others
Court: Delhi
Decided on: Dec-22-2015
1. As both these writ petitions involve challenge to a common order dated September 8, 2010 with identical facts, the same are being disposed of, by this common order. The parties shall be referred to, in terms of their status in W.P.(C) No.7360/2010 i.e Petitioner as Petitioner ?, Director of Education (respondent No.1), Mr. Hemraj (respondent No.2) and Salwan Boys Senior Secondary School, the writ petitioner in W.P.(C) No.8138/2010 (respondent No.3). 2. By the impugned order dated September 8, 2010, passed by the Directorate of Education respondent No.1 pursuant to the directions issued by this Court in Writ Petition (Civil) No.694/2009 dated March 17, 2010, the Director of Education has directed the promotion of respondent No.2 Hemraj to the post of PGT (Maths) with immediate effect. 3. Some of the relevant facts are, in the year 2005 the post of PGT (Maths) fell vacant in the respondent No.3 School, on the retirement of Mr. K.K. Nakra. On September 28, 2007, a DPC was held in the r...
Satish Chauhan Vs. State (Govt. of NCT of Delhi) and Others
Court: Delhi
Decided on: Dec-22-2015
Crl.M.A Nos.13694-96/2015 1. Exemption granted subject to all just exceptions. 2. Applications stands disposed of. WP(CRL) No.2057/2015 1. The petitioner has challenged the order of externment passed by the competent authority namely Additional Deputy Commissioner of Police, Outer District, Delhi dated 27.07.2015 whereby the petitioner was directed to remove himself beyond the limits of NCT of Delhi for a period of one year within seven days from the date of receipt of the order. By the aforesaid order, the petitioner was directed not to enter or return to the limits of NCT of Delhi within the said period without written permission of the competent authority. The petitioner was, though, permitted to attend the Courts in NCT of Delhi on all the dates of hearing of all cases pending against him with the condition that the petitioner would immediately remove himself from the limits of NCT of Delhi after attending to the dates in such cases. 2. The petitioner has also laid challenge to the...
Sujata Sharma Vs. Manju Gupta
Court: Delhi
Decided on: Dec-22-2015
1. The issue which is to be decided in this case is whether the plaintiff, being the first born amongst the co-parceners of the HUF property, would by virtue of her birth, be entitled to be its Karta. Her claim is opposed by defendants Nos. 1 to 4 while the defendants Nos. 5 to 9 have given their 'no objection' to it and their 'NOC has been filed along with the plaint. Therefore, defendant Nos. 5 to 9 are virtually plaintiffs. Defendants No. 10 and 1 1 state that their position is to be determined as per law. Ms. Mala Goel, the learned counsel for the plaintiff, submits that the parties to the suit are the co-parceners of the D.R.Gupta and Sons, HUF. 2. The suit property comprises residential property at 4, University Road, Delhi-110007 and some movable properties and shares such as (i) Shares of Motor and General Finance Ltd.; (ii) Deposits with Motor and General Finance Ltd.; (iii) Bank of Account in Bank of India, Asaf Ali Road; and (iv) Bank Account in Vijaya Bank, Ansari Road. 3. ...
Anjum Nath Vs. British Airways
Court: Delhi
Decided on: Dec-22-2015
1. The present suit is filed by the plaintiff seeking a decree of declaration in favour of the plaintiff and against the defendant declaring that the plaintiff is entitled to be paid as per the Early Retirement Scheme as applicable in India on 08.07.2002. A decree is also sought for Rs.55 lacs in favour of the plaintiff and against the defendant. 2. It is contended by the plaintiff in the plaint that she was the H.R. Manager of the defendant. She was employed for more than 28 years with the defendant having joined the company on 20.05.1974 as Secretary to Assistant to Manager, Northern India in Delhi. After several promotions, on 1.7.2001 she was appointed HR Manager, South Asia in the Management Grade IMG2. It is stated that after 28 years of diligent service, the services of the plaintiff were wrongfully and illegally terminated on 8.7.2002. 3. It is further contended that on the said date, namely, 8.7.2002 she was called by the Department Head Ms.Amanda Ball. There she was informed ...
Poonnamma Vishwanathan and Another Vs. Moolchand Khairati Ram Hospital ...
Court: Delhi
Decided on: Dec-21-2015
1. Ms. Ponnamma Vishwanathan (hereinafter referred to as workman') was appointed as Auxiliary Nurse by Mool Chand Khairati Ram Hospital and Ayurvedic Research Institute (hereinafter referred to as hospital') w.e.f. 16th February, 1987 vide appointment letter dated 29th January, 1987. It was alleged that the workman indulged in various acts of serious misconduct and acts subversive of indiscipline for which a charge sheet dated 20th August, 2001 was issued to her. She submitted her explanation on 21st August, 2001. Finding the explanation to be unsatisfactory, domestic inquiry was instituted to enquire into the charges levelled against her vide letter dated 29th August, 2001. Sh. Raj Pal Choudhary was appointed as Inquiry Officer. He submitted report dated 2nd July, 2002 and found the workman guilty of various charges. The copy of the inquiry report was sent to the workman for her comments and she gave her comments on the inquiry report vide letter dated 31st December, 2002. The managem...
Devender Bhati Vs. Chander Kanta
Court: Delhi
Decided on: Dec-21-2015
1. The present second appeal assails the judgment dated 29.10.2014 passed by the First Appellate Court, i.e. learned ADJ-2 (Shahdra), Karkardooma Court Delhi, whereby the first appeal preferred by the defendant/appellant, i.e. RCA No. 46/2014 was dismissed. The appellant had preferred the said first appeal to challenge the judgment and decree dated 21.02.2012 passed by the Trial Court, viz. the Civil Judge (North East), Karkardooma Courts, Delhi in Suit No. 249/2010, decreeing the suit preferred by the plaintiff/respondent for possession and mesne profit against the defendant/appellant herein. 2. The plaintiff/respondent instituted the said suit on the premise that she is the owner of property bearing no. 263, Street no. 5, Durga Puri Extension, Shahdara, Delhi-110032 (hereinafter referred to as the suit property'). She stated that the defendant/appellant approached the plaintiff through one Mr. Ashok Suri to take the suit property for storing goods. The plaintiff allowed the defendant...
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