Delhi Court March 2015 Judgments

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Mar 17 2015

Raj Kumar and Associates Pvt. Ltd. Vs. Hans Raj

Court: Delhi

Decided on: Mar-17-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % Date of Decision:17. 03.2015 CRL.L.P. 741/2014 RAJ KUMAR & ASSOCIATES PVT LTD Through: ..... Petitioner Mr. Ashish Bhagat, Ms. Manisha Suri, Mr. Saksham Garg and Ms. Charu Sharma, Advocates versus HANS RAJ ..... Respondent Through: CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI VIPIN SANGHI, J.(OPEN COURT) 1. The present leave petition is directed against the judgment dated 04.09.2014 passed by the learned Metropolitan Magistrate (NI Act), South East District, Saket Courts Complex, New Delhi in CC No.2049/1/2008 in Raj Kumar & Associates v. Hans Raj in a complaint under Section 138 of the Negotiable Instruments Act, 1881 (the Act).2. By the impugned judgment, the said complaint has been dismissed while acquitting the respondent/accused. The case of the complainant was that the accused had requested the complainant to give him a loan for purchase of land on the Jaipur-Ajmer Highway. The complainant advanced a sum of Rs.30 lacs as loan to the accuse...

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Mar 17 2015

B. R. Fibres (P) Ltd. Vs. The Commissioner Value Added Tax

Court: Delhi

Decided on: Mar-17-2015

$~6, 12 to 15 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on: March 17, 2015 + ST.APPL. 72/2014 + ST.APPL. 68/2014 + ST.APPL. 69/2014 + ST.APPL. 70/2014 + ST.APPL. 73/2014 B. R. FIBRES (P) LTD. Through ..... Petitioner Mr. Vinod Bhushan Srivastava and Mr. Ravi Choudhary, Advs. versus THE COMMISSIONER VALUE ADDED TAX ..... Respondent Through Mr. Sushil Dutt Salwan, ASC CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K.GAUBA MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) % 1. The assessee/appellant urges the following question of law i.e. whether the Tribunal fell into error in rejecting the assessees contention that the goods in question were inter state sales within the meaning of Section 3(a) of the Central Sales Tax Act?..2. In these appeals, the assessee is a registered dealer; it trades in cotton yarn. For the relevant assessment period, it had contended and relied upon several documents to establish that 26 inter state sale transactions have been concluded with ...

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Mar 17 2015

Nisha Jain Vs. State

Court: Delhi

Decided on: Mar-17-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:17. h March, 2015 + CRL.M.C. 926/2011 NISHA JAIN ..... Petitioner Through: Mr.Prashant Dewan and Mr.Amit Kumar, Advocates alongwith petitioner-in-person versus STATE Through: + CRL.REV.P. 124/2011 NISHA JAIN Through: ..... Respondent Ms.Fizani Hussain, Additional Public Prosecutor for the State alongwith SI M.P.Saini from Police Statio Mahendra Park. ..... Petitioner Mr.Prashant Dewan and Mr.Amit Kumar, Advocates alongwith petitioner-in-person versus STATE Through: ..... Respondent Ms.Fizani Hussain, Additional Public Prosecutor for the State alongwith SI M.P.Saini from Police Statio Mahendra Park. CORAM: HON'BLE MS. JUSTICE SUNITA GUPTA JUDGMENT : SUNITA GUPTA, J.1. Vide this common order, I shall dispose of the aforesaid two petitions being Crl. MC No.926/2011 and Crl. Rev. Petition No.124/2011 as both the petitions have been filed by the same petitioner. First of all I shall take up Crl. MC No.926/2011 as the fate of Crl. Re...

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Mar 17 2015

Commissioner of Income Tax Vs. Subrata Roy

Court: Delhi

Decided on: Mar-17-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Decided On:17. 03.2015 + ITA No.398/2010 COMMISSIONER OF INCOME TAX ..... Appellant Through: Mr. Rohit Madan & Mr. Ruchir Bhatia, Advocates. Versus SUBRATA ROY ..... Respondent Through: Mr. Percy J.Pardiwala, Sr. Adv. With Mr. Satyen Sethi & Mr. Arta Trana Panda, Advocates. AND + WP(C) 1162/2012 THE COMMISSIONER OF INCOME TAX (CENTRAL-1) ..... Appellant Through: Mr. Rohit Madan & Mr. Ruchir Bhatia, Advocates. Versus SUBRATA ROY ..... Respondent Through: Mr. Percy J.Pardiwala, Sr. Adv. With Mr. Satyen Sethi & Mr. Arta Trana Panda, Advocates. ITA No.398/2010 & WP(C) No.1162/2012 Page 1 CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K. GAUBA MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) % 1. The question of law urged by the revenue in this appeal (and the writ petition) is:Whether the amount of Rs.1,84,19,305 was deemed dividend in the hands of the assessee under the provisions of Section 2 (22) (e) of the Income Tax Act, 1961?.2. T...

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Mar 17 2015

Vir Bala Vs. Directorate of Education and Anr.

Court: Delhi

Decided on: Mar-17-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.2479/2015 and C.M. No.4443/2015 17th March, 2015 % VIR BALA Through: ..... Petitioner Ms. Jyoti Dutt Sharma, Advocate. versus DIRECTORATE OF EDUCATION AND ANR. ..... Respondents Through: Ms. Ruchi Sindhwani, Advocate for respondent No.1. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. Petitioner, who is presently working with the Delhi University Social Centre School, Maurice Nagar, Delhi, seeks the following reliefs in this writ petition:(i) Issue a Writ of Mandamus directing the Respondents to record the date of joining/regularization of the petitioner as 1.9.1987 instead of 2.1.2006, as has been directed by this Honble Court vide its order dated 5.12.2005 in WPC no 5573/1999; (ii) Issue a Writ of Mandamus directing the Respondents to grant the Petitioner continuity in service from 1.9.1987, as per the orders of this Honble Court vide its Order dated 5.12.2005 in WPC ...

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Mar 17 2015

M/S Opaque Infrastructure Pvt Limted Vs. Union of India and Anr

Court: Delhi

Decided on: Mar-17-2015

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:17. 03.2015 W.P.(C) 1428/2015 & CM24992015 M/S OPAQUE INFRASTRUCTURE PVT LIMTED ... Petitioner versus UNION OF INDIA & ANR ... Respondents Advocates who appeared in this case: For the Petitioner For the Respondent No.2 : Mr C. Mukund with Mr Abhilash Attri and Ms Yaamini Sharma : Mr Puneet Taneja with Ms Kopal Shrivastava CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. This writ petition has been filed seeking, inter alia, the following prayers:(a) issue a writ of certiorari or a writ in the nature of certiorari or any other writ, order or direction, calling for the records of the case, perusal whereof, quash the impugned NIT No:40034. 09 dated 04.02.2015, issued by Respondent No.2. (b) issue a writ of mandamus or a writ in the nature of mandamus or any other writ, order or direction, directing Respondent No.2 to award the contract in favour of the Petit...

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Mar 17 2015

Budhan Singh Vs. State of Nct of Delhi and Anr.

Court: Delhi

Decided on: Mar-17-2015

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: March 17, 2015 + CRL.M.C. 1062/2015 & Crl.M.A.3954/2015 BUDHAN SINGH Through: ..... Petitioner Ms. Juhi Arora, Advocate versus STATE OF NCT OF DELHI & ANR .....Respondents Through: Mr. Karan Singh, Additional Public Prosecutor for respondentState with SI Suvender Singh Ms. Varnika Singh, Advocate for Mr.Deepak Jain, Advocate for respondent No.2-BSES CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.384/2013, under Section 135 of The Indian Electricity Act, 2003 registered at police station Fatehpur Beri, Delhi is sought in this petition on the basis of No Dues Certificate of 21st January, 2014 issued by respondent No.2-complainant/first-informant of the FIR in question. Notice. Mr. Karan Singh, Additional Public Prosecutor for respondentState accepts notice. Ms.Varnika, Advocate, appears on behalf of respondent No.2 and CRL.M.C. 1062/2015 Page 1 submits that the subject matter of this FIR stands a...

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Mar 17 2015

Era Infra Engineering Ltd. and Ors. Vs. Sicom Ltd

Court: Delhi

Decided on: Mar-17-2015

$~16, 24 to 26 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: March 17, 2015 + (i) CRL.M.C. 1040/2015 & Crl.M.As.3900-01/2015 M/S ERA INFRA ENGG LTD & ORS .....Petitioners Through: Mr.Sanjiv Bansal, Mr. Vineet Tayal and Mr. Jasvinder Singh, Advocates versus SICOM LTD ..... Respondent Through: + (ii) Nemo CRL.M.C. 1058/2015 & Crl.M.As.3944-45/2015 ERA INFRA ENGINEERING LTD. & ORS. .....Petitioners Through: Mr.Sanjiv Bansal, Mr. Vineet Tayal and Mr. Jasvinder Singh, Advocates versus SICOM LTD. ..... Respondent Through: + (iii) Nemo CRL.M.C. 1059/2015 & Crl.M.As.3946-47/2015 ERA INFRA ENGINEERING LTD. & ORS. .....Petitioners Through: Mr.Sanjiv Bansal, Mr. Vineet Tayal and Mr. Jasvinder Singh, Advocates versus SICOM LTD. ..... Respondent Through: + (iv) Nemo CRL.M.C. 1060/2015 & Crl.M.As.3948-49/2015 CRL.M.Cs. 1040, 1058-60/2015 Page 1 ERA INFRA ENGINEERING LTD. & ORS. .....Petitioners Through: Mr.Sanjiv Bansal, Mr. Vineet Tayal and Mr. Jasvinder Singh, Advocates versus SICOM ...

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Mar 17 2015