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Delhi Court March 2015 Judgments

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Mar 27 2015

Riddhi Promoters Pvt.Ltd. Vs. Commissioner of Income Tax-7

Court: Delhi

Decided on: Mar-27-2015

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on 27th March, 2015 + ITA2272015 RIDDHI PROMOTERS PVT.LTD. ..... Appellant Through: Dr.Rakesh Gupta, Ms. Poonam Ahuja and Mr.Rohit Kumar Gupta, Advs. versus COMMISSIONER OF INCOME TAX-7, ..... Respondent Through: None. 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 is aggrieved by the order of Income Tax Appellate Tribunal (ITAT) dated 14.08.2014 whereby its appeal against the addition of 24 lakhs on account of share capital received from six applicants, was rejected.2. The assessee is a private company incorporated on 11.03.2003. Its return for the Assessment Year (AY) was framed under Section 143(1) of the Income Tax Act, 1961 (hereinafter referred as the Act). Subsequently, the Revenue sought to re-open the assessment under Sections 147 and 148 of the Act. In the reassessment proceedings, a sum of 24 lakhs was added since the Assessing Officer...


Mar 27 2015

Raisuddin Vs. The State N.C.T. of Delhi)

Court: Delhi

Decided on: Mar-27-2015

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on:13. h March, 2015 Judgment Pronounced on:27. h March, 2015 CRL.REV.P. 503/2008 & CM No.3640/2015 HEM CHAND ..... Petitioner Through: Ms. Sumita Kapil, Adv. versus THE STATE (N.C.T. of DELHI) ..... Respondent Through: Mr. P.K. Mishra, APP for the State Mr. Karan Sachdeva, Adv. for the Complainant SI Prit Pal Singh, PS Daryaganj, Delhi WITH CRL.REV.P. 506/2008 & CM No.3639/2015 RAISUDDIN Through: ..... Petitioner Ms. Sumita Kapil, Adv. versus THE STATE N.C.T. OF DELHI) Through: ..... Respondent Mr. P.K. Mishra, APP for the State Mr. Karan Sachdeva, Adv. for the Complainant SI Prit Pal Singh, PS Daryaganj, Delhi CORAM: HON'BLE MR. JUSTICE P.S.TEJI P.S.TEJI, J.1. Aggrieved by the judgment of conviction dated 19.03.2008 and order on sentence dated 01.04.2008 passed by the learned Metropolitan Magistrate, awarding the sentence to the petitioners to undergo rigorous imprisonment for a period of two years and fine of Rs.1,000/- each ...


Mar 27 2015

Hem Chand Vs. The State (N.C.T. of Delhi)

Court: Delhi

Decided on: Mar-27-2015

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on:13. h March, 2015 Judgment Pronounced on:27. h March, 2015 CRL.REV.P. 503/2008 & CM No.3640/2015 HEM CHAND ..... Petitioner Through: Ms. Sumita Kapil, Adv. versus THE STATE (N.C.T. of DELHI) ..... Respondent Through: Mr. P.K. Mishra, APP for the State Mr. Karan Sachdeva, Adv. for the Complainant SI Prit Pal Singh, PS Daryaganj, Delhi WITH CRL.REV.P. 506/2008 & CM No.3639/2015 RAISUDDIN Through: ..... Petitioner Ms. Sumita Kapil, Adv. versus THE STATE N.C.T. OF DELHI) Through: ..... Respondent Mr. P.K. Mishra, APP for the State Mr. Karan Sachdeva, Adv. for the Complainant SI Prit Pal Singh, PS Daryaganj, Delhi CORAM: HON'BLE MR. JUSTICE P.S.TEJI P.S.TEJI, J.1. Aggrieved by the judgment of conviction dated 19.03.2008 and order on sentence dated 01.04.2008 passed by the learned Metropolitan Magistrate, awarding the sentence to the petitioners to undergo rigorous imprisonment for a period of two years and fine of Rs.1,000/- each ...


Mar 27 2015

Ashu Sharma Vs. State Govt. of Nct of Delhi

Court: Delhi

Decided on: Mar-27-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:27. h March, 2015 + CRL.A. 317/2012 & Crl.M.B.900/2014 (suspension of sentence) ASHU SHARMA Through: ..... Appellant Mr.Subhiksh Vasudev, Advocate versus STATE GOVT. OF NCT OF DELHI ..... Respondent Through: Mr.O.P.Saxena, Additional Public Prosecutor for the State alongwith SI Alok Kumar Rajan from Police Station Sarai Rohilla, Delhi. CORAM: HON'BLE MS. JUSTICE SUNITA GUPTA JUDGMENT : SUNITA GUPTA, J.1. on The appellant Ashu Sharma impugns the judgment dated 30.03.2011 and order sentence dated 04.04.2011 in case FIR No.115/2010 under Sections 392/394/397/398/411/34 IPC and under Section 25/27/54/59 Arms Act registered at Police Station Sarai Rohilla, Delhi vide which he was convicted under Section 392/397 IPC and under Section 25/27 of Arms Act and was sentenced to undergo rigorous imprisonment for a period of seven (7) years under Section 392 read with Section 397 IPC and to pay a fine of Rs.5,000/-, in default to undergo si...


Mar 27 2015

Department of Customs Vs. Sharad Gandhi

Court: Delhi

Decided on: Mar-27-2015

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on:13. h March, 2015 Judgment Pronounced on:27. h March, 2015 CRL.REV.P. 41/2006 DEPARTMENT OF CUSTOMS Through: ..... Petitioner Mr. Satish Aggarwal and Mr.Anish Aggarwal, Advocates versus SHARAD GANDHI ..... Respondent Through: None. CORAM: HON'BLE MR. JUSTICE P.S.TEJI P.S.TEJI, J.1. Aggrieved by the order dated 16.11.2005 passed by the learned Additional Chief Metropolitan Magistrate dismissing the complaint and discharging the respondent, the present revision petition has been filed by the petitioner.2. Factual matrix, as emerges from the record, is that on 18.02.1995 during the course of clearance of courier bags of M/s DHL Worldwide Express, a wooden box was intercepted on suspicion and was examined by the Customs Preventive Officers of IGI Airport. The wooden box had contained Stone Figure Handicrafts in the courier manifest. In the airway bill, sender was shown as Mr.Robert Jaeger and receiver was shown as M/s DHL Worldwi...


Mar 27 2015

Delhi Transco Limited Engineers Welfare Associatio Vs. Government of N ...

Court: Delhi

Decided on: Mar-27-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.8118/2011 27th March, 2015 % DELHI TRANSCO LIMITED ENGINEERS WELFARE ASSOCIATION (REGD) ..... Petitioner Through: Mr. R.M.Bagai, Adv. and Ms. Damini Khaira, Adv. versus GOVERNMENT OF NCT OF DELHI & ORS. Through: ..... Respondents Ms. Avnish Ahlawat and Ms. Latika Chaudhary, Adv. for R-1. Ms. Meenakshi Midha, Adv. with Mr. Siddharth Nagpal, Adv. for Mr. Sumeet Pushkarna, Adv. R-2. Mr. Ansit Bhatnagar, Adv. for R-3. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. Yes VALMIKI J.MEHTA, J (ORAL) 1. By this writ petition filed under Article 226 of the Constitution of India, the petitioner/association, and which is an association of Engineers working with the respondent no.2/Delhi Transco Limited, impugns the selection process to the post of Director (Operations) on the basis of Recruitment and Promotion Rules, 2007 (hereinafter referred to as the Rules) framed by the respondent nos.1 & 2 and filed as Ann...


Mar 27 2015

Rajesh Kumar Gupta Vs. Sushil Marwah

Court: Delhi

Decided on: Mar-27-2015

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:27. 03.2015 FAO(OS) 144/2015 RAJESH KUMAR GUPTA ... Appellant versus SUSHIL MARWAH ... Respondent Advocates who appeared in this case: For the Appellant For the Respondent : Mr Mr Pramod Ahuja with Mr Abhishek Mishra : Mr Deepak Dhinigra with Mr Rajesh K. Verma CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT BADAR DURREZ AHMED, J (ORAL) CAV3002015 The learned counsel for the respondent/ caveator is present. The caveat stands discharged. CM56582015 Allowed subject to all just exceptions. FAO(OS) 144/2015 & CM56592015 1. This is an appeal arising out of an order dated 18.02.2015 passed by a learned Single Judge of this Court in IA No.17173/2014 which was an application filed by the respondent/ plaintiff, who is an old widow of approximately 79 years of age. The appellant is a builder who took the premises belonging to the respondent under a collaboration agreement dated 15.04.2012 for co...


Mar 27 2015

P.S. Pathrudu Vs. Union of India and Ors

Court: Delhi

Decided on: Mar-27-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: March 27, 2015. + W.P.(C) 6127/2014 P.S. PATHRUDU Through: ..... Petitioner Mr.Yashpal Rangi, Advocate. versus UNION OF INDIA & ORS Through: ..... Respondents Mr.Anurag Ahluwalia, CGSC for R-1 to R-3 CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MR. JUSTICE I.S.MEHTA JUDGMENT % KAILASH GAMBHIR, J.1. By this petition filed under Articles 226 & 227 of the constitution of India, the petitioner seeks to challenge the order dated 27.05.2014 passed by the learned Tribunal in O.A.No.415/2012.2. Assailing the legality and correctness of the impugned order, Mr.Yashpal Rangi, counsel representing the petitioner submits that the learned Tribunal has not properly appreciated the law laid down by the Apex Court in the case of K.Gopinathan vs. Union of India and Ors. reported in (1992) 4 SCC701 which clearly states that the basic pay of an employee which was drawn earlier cannot be reduced on absorption under any circumstance. Con...


Mar 27 2015

Government of Nct of Delhi Vs. Binata Naha

Court: Delhi

Decided on: Mar-27-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on : March 27, 2015. + W.P.(C) 3405/2014 & CM APPL. NO.7016/2014 GOVERNMENT OF NCT OF DELHI ..... Petitioner Through: Mr. Sushil Dutt Salwan & Ms. Latika Dutta, Advocates versus BINATA NAHA ..... Respondent Through: Ms. Indrani Ghosh, Advocate AND + W.P.(C) 3426/2014 & CM APPL. NO.7044/2014 GOVERNMENT OF NCT OF DELHI ..... Petitioner Through: Mr. Sushil Dutt Salwan & Ms. Latika Dutta, Advocates versus ANITA BHATIA ..... Respondent Through: Ms. Indrani Ghosh, Advocate CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MR. JUSTICE I.S.MEHTA JUDGMENT % KAILASH GAMBHIR, J.1. By this common order, we propose to decide these two writ petitions separately preferred by the petitioner/Government of NCT of Delhi assailing the order dated 27.03.2014 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as the CAT) in Original Application (in short OA) Nos. 2130 & 2131/ 2013 respective...


Mar 27 2015

Yogesh Sharma Vs. State

Court: Delhi

Decided on: Mar-27-2015

IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 628/2010 % Judgment reserved on 02.03.2015 Judgment delivered on 27.03.2015 YOGESH SHARMA Appellant Through : Mr. Ashutosh Bhardwaj, Advocate with Ms. Jyoti Batra, Advocate Versus Respondent Through : Mr. Sunil Sharma, APP for the State. STATE CORAM: HONBLE MR. JUSTICE G.S. SISTANI HONBLE MS. JUSTICE SANGITA DHINGRA SEHGAL SANGITA DHINGRA SEHGAL, J.1. Present appeal filed by the appellant under section 374(2) of Criminal Procedure Code, is directed against the impugned judgment dated 20.02.2010 and order on sentence dated 23.02.2010 passed by the Learned Additional Sessions Judge, Delhi in Sessions Case No.07/2007, whereby the learned Trial Court has held that:5...In the totality of facts and circumstances of the case, I sentence the convict Yogesh Sharma @ Rahul Sharma to imprisonment for life. The convict shall also be liable to pay a fine of Rs.10,000/- in default to undergo sentence of one year. The convict is further sentenced to RI...


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