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Delhi Court February 2015 Judgments

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Feb 26 2015

Cit Vs. Engineers India Ltd

Court: Delhi

Decided on: Feb-26-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: February 10, 2015 Pronounced on: February 26, 2015 + ITA3002012 CIT Through ..... Appellant Mr. N P Sahni, sr. standing counsel with Mr. Nitin Gulati and Mr. Judy James, Advs. Versus ENGINEERS INDIA LTD Through ..... Respondent Ms. Sonu Bhatnagar, Adv. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K.GAUBA MR. JUSTICE R.K.GAUBA % 1. This appeal under Section 260-A of the Income Tax Act, 1961 assails the order dated 30.09.2011 of Income Tax Appellate Tribunal (hereinafter referred to as the ITAT) passed in Income Tax Appeal No.5392/Del/2010 in respect of the respondent (assessee) for assessment year 2006-2007, holding the assessee to be entitled to interest under Section 244A on the excess self-assessment tax paid under Section 140A, thereby upholding the order dated 20.09.2010 to such effect passed by Commissioner of Income Tax (Appeals) (hereinafter referred to as the CIT (Appeals) in appeal No.75/2010-2011 that...


Feb 26 2015

Vikram Behl Vs. Sudhir Behl and Ors.

Court: Delhi

Decided on: Feb-26-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 1306/2011 Decided on :26. 02.2015 IN THE MATTER OF: VIKRAM BEHL ..... Plaintiff Through : Ms. Shobhna Takiar, Advocate with plaintiff in person versus SUDHIR BEHL AND ORS. ..... Defendants Through : Mr. Aditya Dewan, Advocate for D-1 Mr.Sacchin Puri & Ms.Aastha Lumba, Advocates for D-2 Mr.Mayank Wadhwa, Advocate for D-3 Mr.Arush Khanna, Advocate for D-4 CORAM HON'BLE MS.JUSTICE HIMA KOHLI HIMA KOHLI, J.(Oral) IA No.15108/2014(by the plaintiff u/S24r/w S151CPC for transfer of Ex.Pet. No.42/2011) & IA No.17520/2014(by the plaintiff u/S51 94 r/w Order 40 CPC) 1. Counsel for the plaintiff states that as Execution Petition No.42/2011 has been filed in the Saket Courts, Delhi, and the Executing court has already issued orders for partitioning the immovable property, subject matter of the present suit, he does not wish to press the present applications.2. In view of the aforesaid submission, the applications are disposed of. IA No.3978/2015(b...


Feb 26 2015

National Insurance Company Ltd. Vs. Smt. Shabana and Ors.

Court: Delhi

Decided on: Feb-26-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on:26. h February, 2015 + MAC.APP.925/2013 NATIONAL INSURANCE COMPANY LTD. Through: ..... Appellant Ms. Shantha Devi Raman, Advocate with Mr. Kumar Sameer, Advocate versus SMT. SHABANA & ORS. Through: ..... Respondents Mr. Kunal Rawat, Advocate for R-1 to R-8. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.1. The appeal is for reduction of compensation of `16,72,152/awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) for the death of Bhura, who suffered fatal injuries in a motor vehicular accident which occurred on 02.06.2011.2. During inquiry before the Claims Tribunal, it was claimed that deceased Bhura was travelling in a Mahindra Champion bearing registration no.DL-1LL-2081 at the time of the accident and that the accident was caused on account of rash and negligent driving of a car bearing registration no.DL-8CQ-5657 driven by Kamal Chaurasiya. The car was owned by Roop Ahuja and was insured with ...


Feb 26 2015

M/S Jiwan Industries Pvt.Ltd Vs. M/S Anupam Products Ltd. and Others

Court: Delhi

Decided on: Feb-26-2015

1 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 801/2008 M/S JIWAN INDUSTRIES PVT.LTD ..... Plaintiff Through: Mr. G.P. Thareja, Advocate. versus M/S ANUPAM PRODUCTS LTD. & OTHERS ..... Defendants Through: Mr. H.L. Narula, Advocate for defendant No.1. Date of Decision:26. h February, 2015 % CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J: (Oral) I.A.5279/2013 in CS(OS) 801/2008 Learned counsel for the plaintiff wishes to withdraw the present application in view of filing of a subsequent application being I.A. 212/2015. I.A. 212/2015 in CS(OS) 801/2008 1. Present application has been filed under Order 6 Rule 17 CPC for amendment of the plaint.2. In the application, it has been averred that the amendment is being sought so that there remains no confusion in the plaint regarding the array of parties as well as to place on record the plans prepared by Mr. A.K. Gupta in pursuance to an application being allowed by this Court vide order dated 07 th December, 2012.3. Learned ...


Feb 26 2015

Goodluck Capital (P) Ltd. Vs. Jharkhand Ispat Pvt. Ltd.

Court: Delhi

Decided on: Feb-26-2015

* + IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 636/2011 & IA No.4501/2014 Decided on :26. 02.2015 IN THE MATTER OF: GOODLUCK CAPITAL (P) LTD. ..... Plaintiff Through : Mr. A.K. Thakur and Mr.R.K.Mishra, Advocates versus JHARKHAND ISPAT PVT. LTD. ..... Defendant Through : Mr. N.Raja Singh, Advocate CORAM HON'BLE MS.JUSTICE HIMA KOHLI HIMA KOHLI, J.(Oral) IA No.15128/2011(by the defendant u/O VII R11CPC) 1. The present application has been filed by the defendant praying inter alia that the suit as filed by the plaintiff, is liable to be rejected on the ground that this court is not vested with the territorial jurisdiction to try and entertain the same. In support of the aforesaid submission, learned counsel for the defendant company refers to and relies upon the averments made by the plaintiff in paras 7 & 8 of the plaint.2. Counsel for the defendant company states that on a plain reading of the averments made in the plaint and on perusing the documents filed by the plaintiff, it cle...


Feb 26 2015

State Vs. Rajeev Bharti and Anr.

Court: Delhi

Decided on: Feb-26-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Order delivered on:26. h February, 2015 % + Crl.M.C. No.3614/2011 STATE Through ..... Petitioner Ms.Jasbir Kaur, APP versus RAJEEV BHARTI & ANR. Through ..... Respondents Ms.Arundhati Katju, Adv. with Mr.Himanshu Suman, Adv. CORAM: HON'BLE MR.JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.(Oral) 1. The present petition has been filed by the petitioner under Section 482 Cr.P.C. for setting aside the order dated 6th June, 2011 passed by Additional Sessions Judge (FTC)/West, Delhi.2. The case of the prosecution/petitioner is that the accused respondents are husband and wife. Accused respondent No.1 is a teacher and accused respondent No.2 is a lab assistant at S.D. Secondary School (Gujrat), Kirti Nagar, Delhi and the complainant S.K. Kapoor in the present FIR is the principal of the school. The case of the prosecution is that on 29th August, 2006, Sh.S.K. Kapoor was assaulted, given beatings as well as threatened by both the accused persons and in purs...


Feb 26 2015

Union of India Vs. R.C.Bakshi

Court: Delhi

Decided on: Feb-26-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of hearing and order:26. h February 2015 + W.P.(C) 15756/2006 UNION OF INDIA Through: ..... Petitioner Mr. Manish Mohan, CGSC Ms. Sidhi Arora, Mr. Gaurav Sharma & Ms. Hina Shaheen, Advocates Versus R.C.BAKSHI Through: ..... Respondent Mr. R.C. Saxena, Advocate CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MR. JUSTICE I.S.MEHTA ORDER2602.2015 % KAILASH GAMBHIR, J.(ORAL) 1. By this petition filed under Article 226/227 of the Constitution of India, petitioner seeks to challenge the order dated 5th April 2006 passed by learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as the learned Tribunal) in O.A. No.2261/2005.2. Brief facts of the case are that the respondent was working as Income Tax Officer (Group B). On 26.06.1997 a trap was laid down by CBI wherein he was caught red handed for accepting bribe of Rs.10,000/-. A case was registered against him under Sections 7, 13(2) read with Section 13(1)...


Feb 26 2015

Dinesh Kumar Vs. Gulshan Rai Chadha and Ors

Court: Delhi

Decided on: Feb-26-2015

* HIGH COURT OF DELHI AT NEW DELHI + R.S.A. No.145/2012 Decided on :26. h February, 2015 DINESH KUMAR Through: Versus ..... Appellant Mr.Rajiv Dewan, Adv. GULSHAN RAI CHADHA & ORS .... Respondent Through: Mr.Neeraj Gupta and Mr.Rishabh Mehta, Advs. for R-1 (a) to (d). CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.(ORAL) 1. This is a regular second appeal filed by one Sh.Dinesh Kumar against the order dated 01.06.2012 by virtue of which his application under Section 5 of the Limitation Act, 1963 seeking to set aside the judgment dated 18.07.2007 on the basis of his application under Order 9 Rule 13 CPC, was dismissed.2. Before dealing with the submissions of the learned counsel for the appellant, it would be pertinent to give a brief background of the case with reference to the various claims of the parties.3. R-1/Sh.Gulshan Rai Chadha had filed a suit for possession against R-2 to R-4 namely Sh.Prem Kumar Khurana, Sh.V.K.Sharma and Sh.Purshottam Dass Patel. The case which was set ...


Feb 25 2015

Satnarain Singh Vs. Union of India and Anr.

Court: Delhi

Decided on: Feb-25-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on : February 20, 2015 Judgment Delivered on : February 25 , 2015 % + W.P.(C) 4576/2014 SATNARAIN SINGH Represented by: ..... Petitioner Mr.Surender Singh Hooda, Advocate. versus UNION OF INDIA AND ANR. Represented by: ..... Respondents Mr. J.S.Bhasin, Ms.Rashmi Priya and Mr.Nishant Solanki, Advocates. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRATIBHA RANI, J.1. The petitioner is impugning the order dated March 28, 2013 passed by the Disciplinary Authority imposing the penalty of dismissal from service as well the order dated May 16, 2014 whereby the statutory petition filed by the petitioner was rejected.2. The petitioner Satnarain was enrolled in BSF as Constable on January 20, 2008 and posted in 52 Battalion, BSF on January 06, 2009. During February 2011 the petitioner was deployed at Indo-Bangladesh Border at BOP Rajanagar of A Coy of 52 Battalion BSF when certain cases against unit pe...


Feb 25 2015

Meenu Upadhyay Vs. Kanwar Pal Singh

Court: Delhi

Decided on: Feb-25-2015

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 929/2013 MEENU UPADHYAY ..... Plaintiff Through: Mr. Surjeet Singh Malhotra with Mr. Prateek Kr. Srivastava and Mr. Anshu Bhanot, Advs. versus KANWAR PAL SINGH ..... Defendants Through: Mr. Vijay Chopra, Adv. Date of Decision:25. h February, 2015 % CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J: (Oral) IA179842013 1. The present application has been filed under Order 12 Rule 6 CPC on behalf of the plaintiff seeking a decree on admission.2. It is pertinent to mention that the present suit has been filed for recovery of Rs.32,35,000/- along with interest @ 18 per cent per annum with damages and costs.3. Learned counsel for the plaintiff/applicant states that not only is the receipt of the amount of Rs.32,35,000/- admitted in the written statement, but the defendant in response to the legal notice had agreed that he was ready to repay the amount received from the plaintiff.4. Since learned counsel for the plaintiff has laid ...


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