Delhi Court May 2015 Judgments
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Commissioner of Income Tax-Iv Vs. M/S. Grup Ism P. Ltd.
Court: Delhi
Decided on: May-29-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:17. 03.2015 Pronounced on:29. 05.2015 + ITA3252014 COMMISSIONER OF INCOME TAX-IV Appellant Through: Sh. Rohit Madan, Sr. Standing Counsel with Sh. Ruchir Bhatia and Sh. Akash Vajpai, Advocates. Versus M/S. GRUP ISM P. LTD. ..Respondent Through: Sh. Kaanan Kapur and Sh. Bhushan Kapur, Advocates. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K. GAUBA MR. JUSTICE S. RAVINDRA BHAT % 1. The following questions of law were framed by this Court at the time of admission of this appeal under Section 260A of the Income Tax Act, 1961 (the Act): (1) Did the ITAT fall into error in holding that the payment incurred by the assessee to the extent of ` 94,31,826 to the UAE concerns was not technical service in terms of Second Explanation to Section 9 (1) (vii) read with Section 194J?. (2) Did the ITAT fall into error in holding that Article 14 of the Double Taxation Avoidance Treaty applied to the UAE concerns in the circumstanc...
Anubhav Dhawan Vs. Vijay Kumar
Court: Delhi
Decided on: May-29-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 81/2015 and CM No.3091/2015 (Stay) Reserved on:19. h May, 2015 Decided on:29. h May , 2015 % ANUBHAV DHAWAN Through: ..... Petitioner Mr. Himal Akhtar, Mr. Aijaz Hussain and Mr. Sunny Kadiyan, Advocates with Petitioner in person. versus VIJAY KUMAR Through: ..... Respondent Mr. S.K. Sharma, Mr. Rahul Sharma, Mr. Archit Vasudeva, Mr. Prayas Aneja and Mr. Puneet Relan, Advocates. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA1 An eviction petition was filed by Vijay Kumar, the Respondent herein seeking eviction of shop in the property No.45, Central Market, Lajpat Nagar, New Delhi-110024 (in short the suit property) which was let out to the father of the Petitioner Anubhav Dhawan about 30 years ago and no Rent Agreement was executed. Father of Anubhav Dhawan was carrying on the business of trading in laces and ribbons, saree and suit borders under the name and style of M/s Venus General Stores from the said shop which Anubhav Dhawan continued.2...
Smt Amrit Kaur Vs. Shri Rattan Lal
Court: Delhi
Decided on: May-29-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 233/2013 Reserved on:7. h May , 2015 Decided on:29. h May, 2015 % SMT AMRIT KAUR Through ..... Petitioner Mr. Amarjit Singh, Adv. versus SHRI RATTAN LAL Through ..... Respondent Mr. R.P. Bhardwaj, Adv. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.1. Petitioner Amrit Kaur filed an eviction petition against Rattan Lal under Section 14(1)(e) and 14(d) read with Section 25B of the Delhi Rent Control Act, 1958 (in short the DRC Act) which was dismissed vide the impugned order dated 16th May, 2013 after the parties led their evidence.2. In the eviction petition Amrit Kaur stated that she was the owner of premises X/1225, Satsang Marg, Rajgarh Colony, Gandhi Nagar, Delhi and around 35 years ago the respondent Rattan Lal was inducted as a tenant in one big shop having two shutters, who has been carrying on the business of manufacturing speaker and columns by using two horsepower electric motor for running a big cutter for cutting woo...
Golf Technologies (P) Ltd. and Anr. Vs. Axis Bank Ltd. and Ors.
Court: Delhi
Decided on: May-29-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:22. 04.2015 Date of Decision:29. 05.2015 + CS (OS) No.4095 of 2014 GOLF TECHNOLOGIES (P) LTD. & ANR. ..... Plaintiffs Through: Mr. Vikas Singh, Sr. Adv. with Mr. Vivek Chib, Mr. Ajay Marwah, Mr. Joby P. Varghese & Mr. Kailash Seth, Advs. versus AXIS BANK LTD. & ORS. Through: ..... Defendants Mr. Salman Khurshid & Mr. Ashwini Mata, Sr. Advs. with Mr. Suresh Dutt Dobhal, Mr. S. Chaudhary, Mr. Raghav & Ms. Gitanjali Kapoor, Advs. for D-1. CORAM: HONBLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.1. This is a suit challenging the measures taken by defendant No.1 (hereafter Bank) under Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (for short SARFAESI) Act, 2002 (hereinafter referred to as the Act).2. On 21.4.2015, after summons were issued, the Bank took a preliminary objection to the maintainability of the suit on the ground _____________________________________________________...
Mohd. Yunus Vs. Jai Bhagwan Sharma
Court: Delhi
Decided on: May-29-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 248/2013 and CM No.10785/2013 (Stay) Reserved on:20. h May, 2015 Decided on:29. h May , 2015 % MOHD. YUNUS Through: ..... Petitioner Mr. S.K. Verma, Advocate. versus JAI BHAGWAN SHARMA ..... Respondent Through: Mr. Shiv Kumar Sharma, Advocate. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA1 Aggrieved by the order dated 26th March, 2013 declining to grant leave to defend to the Petitioner Mohd. Yunus in an eviction petition filed by the Respondent Jai Bhagwan Sharma under Section 14 (1) (e) of the Delhi Rent Control Act, 1958 (in short the DRC Act), the Petitioner prefers the present petition.2. Jai Bhagwan Sharma had inducted Mohd. Yunus as a tenant in a shop on the ground floor of House No.3045, Street No.223, Tri Nagar, Delhi110035 on a monthly rent of Rs.400/- per month excluding water and electricity charges in the year 1975. In the eviction petition it is stated that Jai Bhagwan Sharma was the owner of the entire suit property and is age...
Arun Kumar @ Bihari Vs. State
Court: Delhi
Decided on: May-29-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRIMINAL APPEAL No.372/2015 Reserved on:22. 05.2015 Date of Decision:29. 05.2015 % ARUN KUMAR @ BIHARI Through: ..... Appellant Mr.Avninder Singh, Ms.Sumi Anand and Mr.Siddhanth Srivastava, Advocates. versus STATE Through: ..... Respondent Ms.Aasha Tiwari, APP. Insp.Mukesh Antil, P.S.Anand Parbat. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE ASHUTOSH KUMAR ASHUTOSH KUMAR, J:1. Arun Kumar @ Bihari challenges his conviction vide judgment dated 5.9.2014 passed by the Additional Sessions Judge (Special Judge), NDPS-West Delhi in Sessions Case No.48/2010 (reference FIR No.21/2010, P.S.Anand Parbat) under Section 302/34 and 201/34 of the Indian Penal Code (IPC for short) for committing the murder of one Bunty and throwing his dead body in the tank with the help of his associates. The appellant by order on sentence dated 28.10.2014 has been directed to suffer Rigorous Imprisonment for life, pay a fine of Rs.20,000/- and in default of...
Smt.Madhu Vs. Ranbir Singh Dabas and Anr
Court: Delhi
Decided on: May-29-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1054/2014 & CM195682014 Reserved on:15. h May, 2015 Decided on:29. h May, 2015 % SMT.MADHU Through ..... Petitioner Mr. Anand Yadav with Ms. Anita Tomar, Advs. versus RANBIR SINGH DABAS & ANR ..... Respondents Through Mr. Sanjay Sehgal, Adv. for R-1 Mr. Jayandra, Adv. for DDA. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.1. Aggrieved by the order dated 2nd September, 2014 whereby the application of the respondent No.1 under Order 6 Rule 17 CPC was allowed the petitioner prefers the present petition.2. A suit was filed by respondent No.1 Ranbir Singh Dabas against the petitioner Smt. Madhu and Vice Chairman, DDA seeking specific performance of the agreement and permanent injunction against Smt. Madhu. It was stated that in the year 1985 Land and Building Department acquired the land of Shri Vijay Singh admeasuring 24 bighas situated at Rithala, Delhi vide award dated 10th September, 1985 and also recommended for allotment of an ...
Inder Kumar Gupta Vs. Sumer Chand Gupta
Court: Delhi
Decided on: May-29-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:7. h May, 2015 Decided on:29. h May, 2015 % + CM(M) 221/2015 INDER KUMAR GUPTA Through: ..... Petitioner Mr. Shiv Charan Garg, Mr. Imran Khan and Ms. Nandini Aggarwal, Advocates. versus SUMER CHAND GUPTA Through: + ..... Respondent Mr. Aniruddha Konar, Advocate. CM(M) 780/2014 INDER KUMAR GUPTA Through: ..... Petitioner Mr. Shiv Charan Garg, Mr. Imran Khan and Ms. Nandini Aggarwal, Advocates. versus SUMER CHAND GUPTA ..... Respondent Through: Mr. Aniruddha Konar, Advocate. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA1 The Petitioner Inder Kumar Gupta filed a suit for possession, permanent and mandatory injunction and for recovery of damages against his brother Sumer Chand Gupta being Suit No.72/06/96 before the learned Civil Judge which was decided in favour of the Petitioner/Plaintiff on 12 th March, 2008. By the judgment and decree it was held that the Petitioner/Plaintiff was entitled to possession of the suit property, that is, 7609/2...
Shri Brahm Singh and Ors. Vs. Smt. Nisha Rani
Court: Delhi
Decided on: May-29-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI + % RFA No.47/2001 29th May, 2015 SHRI BRAHM SINGH & ORS. Through: .....Appellants Mr. P.P.Malhotra, Sr. Adv. with Mr. Mohit Paul and Mr. Yasir Rauf, Advs. versus SMT. NISHA RANI ..... Respondent Through: Mr. Sanjeev Mahajan, Adv. Daughter of respondent in person. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) Review Petition No.290/2015, CM No.10335/15, 10336/15(delay of 678 days in filing of the R.P) and CM No.10337/15 (delay of 491 days in refiling) 1. This review petition is filed under Order XLVII Rule 1 of the Code of Civil Procedure, 1908 (CPC) seeking review of the order dated 29.3.2012 by which this regular first appeal was disposed of by a consent order. This review petition is in fact a third endeavour to seek re-arguments of the appeal on merits. On the first occasion the first appeal was in the absence of the parties heard on merits and dismissed in terms of the judgment ...
Gaurav Maggo Vs. The State of Nct, Delhi
Court: Delhi
Decided on: May-29-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :9. h MARCH, 2015 DECIDED ON :29. h MAY, 2015 + CRL.A.No.369/2014 GAURAV MAGGO Through : ..... Appellant Ms.Richa Kapoor, Advocate. versus THE STATE OF NCT, DELHI Through : ..... Respondent Mr.Navin K.Jha, APP. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. Challenge in this appeal is to a judgment dated 22.02.2014 of learned Addl. Sessions Judge, Delhi in Sessions Case No.09/13 arising out of FIR No.111/12 PS Timarpur by which the appellant Gaurav Maggo was convicted for committing offence under Section 376 IPC. By an order dated 25.02.2014, he was sentenced to undergo RI for seven years with fine ` 5,000/-.2. Briefly stated, the prosecution case as set up in the charge- sheet was that from 14.10.2011 to 25.05.2012, the appellant committed rape upon X (assumed name) on the pretext of marrying her and also criminally intimidated her. Written complaint (Ex.PW-1/A) lodged by X on 25.05.2012 formed the basis of First Information Re...
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