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Delhi Court May 2015 Judgments

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May 22 2015

Commissioner of Income Tax-14 Vs. Anil Arora

Court: Delhi

Decided on: May-22-2015

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on: May 22, 2015 + ITA3402015 & C.M.No.9241/2015 COMMISSIONER OF INCOME TAX-14 ..... Appellant Through: Ms. Suruchii Aggarwal, Sr. Standing Counsel, Ms. Lakshmi Gurung, Jr. Standing Counsel and Mr. Abhishek Sharma, Adv. versus ANIL ARORA Through: ..... Respondent Mr.Vikas Jain, Adv. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K. GAUBA MR. JUSTICE R.K. GAUBA (OPEN COURT) % 1. This appeal under Section 260-A of Income Tax Act, 1961 (hereinafter referred to as the Act) challenges the order dated 08.08.2014 of Income Tax Appellate Tribunal (hereinafter referred to as the ITAT) in appeal ITA No.2293/Del/2011 in respect of the respondent (assessee) for Assessment Year (AY) 2008-09.2. The assessee is a resident individual associated with business of Wings Pharmaceuticals Pvt. Ltd. It is stated that search and seizure action on 14.02.2008 in which the assessee was also covered. The searches lead to proceedings being in...


May 22 2015

Bhupinder Kumar and Ors. Vs. Union of India and Ors.

Court: Delhi

Decided on: May-22-2015

$~S-1&2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % DECIDED ON:22. 05.2015 + REVIEW PET.561/2014, 567/2014, 8/2015 IN W.P. (C) 7370/2010 UNION OF INDIA & ANR ..... Petitioners versus SUDHANSHU KUMAR KHARE & ORS ..... Respondents REVIEW PET.560/2014, 566/2014, 9/2015, C.M. Nos.20614, 20830/2014 IN W.P. (C) 7371/2010 BHUPINDER KUMAR & ORS. ..... Petitioners versus UNION OF INDIA & ORS. ..... Respondents Appearance: Mr. Ruchir Mishra, CGSC with Mr. Vikram Jetely, Mr. Mukesh Kumar Tiwari, Ms. Kritika and Ms. Astha, Advocates for UOI. Mr. Tarun Sharma with Ms. Boudh Prabha, Advocates for petitioners in W.P.(C)7371/2010 and for respondent nos.14,33,41, 47, 73 & 84 in W.P. (C)7370/2010. Mr. Siddharth Luthra, Sr. Advocate with Ms.Supriya Juneja and Mr. Viraj Gandhi, Advocates for review petitioner in Review Pet.560-561/2014. Mr. Naresh Kaushik with Ms. Amita Kalkal Chaudhary and Ms. Aditi Gupta, Advocates for UPSC. Mr. Sudhanshu Kumar Khare, Review petitioner in person. CORAM: HONBLE MR. JUSTI...


May 22 2015

Atul Anand and Anr Vs. M M Bhardwaj

Court: Delhi

Decided on: May-22-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 156/2015 & CM34782015 (stay) Decided on:22. d May, 2015 % ATUL ANAND & ANR Through ..... Petitioners Mr. Deepak Agarwal, Adv. versus M M BHARDWAJ Through ..... Respondent Mr. B. Krishan, Adv. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) 1. Aggrieved by the order dated 8th December, 2014 whereby the appeal of the petitioners was dismissed upholding the order of the learned ARC dated 7th August, 2013, the petitioners prefer the present petition.2. A perusal of the proceedings before the learned ARC would indicate that in Eviction Petition No.59/2009 filed on the grounds under Section 14(1)(a) DRC Act the petitioners were proceeded ex-parte vide order dated 22th December, 2011. The petitioners filed an application under Order IX Rule 7 read with Section 151 CPC which was allowed for the reason the petitioners submitted that their previous counsel had passed away and for this reason nobody appeared on their behalf. Learned A...


May 22 2015

Dilip Bafna and Ors. Vs. The State (Nct of Delhi) and Anr.

Court: Delhi

Decided on: May-22-2015

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: May 22, 2015 + CRL.M.C.2194/2015 DILIP BAFNA & ORS. Through: ..... Petitioners Ms. Lavisha Kumar, Advocate versus THE STATE (NCT OF DELHI) & ANR. .... Respondents Through: Ms. Nishi Jain, Additional Public Prosecutor for respondent-State with SI Indrapal Singh Respondent No.2-in-person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.491/2013 under Sections 498-A/406/34 of IPC registered at Police Station Mandawli Fazad Pur, Delhi is sought on the ground that petition of dissolution of marriage by mutual consent has been filed and first motion granted by the Family Court as well as on the basis of Divorce Deed of 17th April, 2015 (Annexure B) arrived at between the parties. Notice. Ms. Nishi Jain, Additional Public Prosecutor for respondent-State accepts notice on behalf of respondent No.2 and submits that respondent Crl.M.C.No.2194/2015 Page 1 No.2, present in the Court, is complainant/first-inf...


May 22 2015

Rajbir Singh and Ors. Vs. The State (Govt of Nct of Delhi) and Anr

Court: Delhi

Decided on: May-22-2015

I-34 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: May 22, 2015 + CRL.M.C. 2136/2015 & Crl.M.A.No.7588/2015 RAJBIR SINGH & ORS. Through: .... Petitioners Ms. Alka Poonia & Mr. Vinit Gupta, Advocates with petitioners in person versus THE STATE ( GOVT OF NCT OF DELHI) & ANR .... Respondents Through: Ms. Nishi Jain, Additional Public Prosecutor for respondent-State with SI Naresh Kumar Mr. Rajiv Bhardwaj, Advocate with respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.525/2007, under Sections 498-A/406/34 of the IPC, registered at police station Kotla Mubarakpur, New Delhi is sought on the basis of Family Settlement/ Settlement Deed of 18th April, 2015 (Annexure P-1) and on the ground that petitioner-husband and respondent No.2-wife are happily living together since 18th April, 2015. Notice. Ms. Nishi Jain, learned Additional Public Prosecutor for Crl.M.C.No.2136/2015 Page 1 respondent-State accepts notice and submits that r...


May 22 2015

Shakti Singh Vs. The State (Govt. of Nct of Delhi) and Anr.

Court: Delhi

Decided on: May-22-2015

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: May 22, 2015 + CRL.M.C.2174/2015 SHAKTI SINGH Through: ..... Petitioner Mr. H.S.Dhillon & Ms. Praveen Lata, Advocates versus THE STATE (GOVT. OF NCT OF DELHI) & ANR. .... Respondents Through: Ms. Nishi Jain, Additional Public Prosecutor for respondent-State with ASI Nihal Singh Respondent No.2-in-person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.30/2012 under Sections 498-A/406/34 of IPC registered at Police Station Chhawala, Delhi is sought on the basis of Mediated Settlement of 7th May, 2014 arrived at Counseling Cell, Family Courts, Dwarka Courts, Delhi (Annexure P-1). Notice. Ms. Nishi Jain, Additional Public Prosecutor for respondent-State accepts notice and submits that respondent No.2, present in the Court, is complainant/first-informant of the FIR in question and she has been identified to be so by ASI Nihal Singh on the basis of identity proof Crl.M.C.No.2174/2015 Page 1 produced b...


May 22 2015

Uma Shankar Sharma Vs. The State and Another

Court: Delhi

Decided on: May-22-2015

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: May 22, 2015 + CRL.M.C.56/2014 & CRL.M.A.165/2014 UMA SHANKAR SHARMA ..... Petitioner Through: Mr. Abdul Sattar, Advocate versus THE STATE & ANOTHER Through: .... Respondent Mr. Vinod Diwakar, Additional Public Prosecutor for respondentState Respondent No.2-in-person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.230/2012 under Section 408/182/411 IPC registered at Police Station Dwarka South, Delhi is sought on the basis of Compromise Deed of 28th September, 2013 and on the ground that the misunderstanding which led to registration of the FIR now stands cleared between the parties. Notice. Mr. Vinod Diwakar, learned Additional Public Prosecutor for respondent-State accepts notice and submits that respondent No.2, present in the Court, is complainant/first-informant of the FIR in question and he has been identified to be so by ASI Rajnish on the basis of identity proof Crl.M.C.No.56/2014 Page 1...


May 21 2015

Dr. Yashwant Singh and Anr Vs. Indian Bank and Anr

Court: Delhi

Decided on: May-21-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:21. t May, 2015. % + LPA2542015 & CM No.7754/2015 (for stay) DR. YASHWANT SINGH & ANR. ..... Appellants Through: Mr. Mohit Chaudhary & Ms. Damini Chawla, Advs. Versus INDIAN BANK & ANR. Through: ..... Respondents Mr. Brijesh Kumar Tamber with Mr. Arshad Choudhary & Mr. Quaisar Ali, Advs. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. This intra court appeal impugns the judgment dated 23rd April, 2015 of the learned Single Judge of this Court of dismissal of W.P.(C) No.4021/2015 filed by the two appellants.2. The writ petition from which this appeal arises was filed impugning inter alia the decision of the respondent No.1 Bank (respondent No.2 is the authorized officer of the said Bank) under Section 13(3A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) dismissing / rejecting the representation filed by t...


May 21 2015

Soma Isolux Surat Hazira Tollway Private Limited Vs. National Highways ...

Court: Delhi

Decided on: May-21-2015

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (I) 127/2015 Reserved on: May 07, 2015 Decision on: May 21, 2015 SOMA ISOLUX SURAT HAZIRA TOLLWAY PRIVATE LIMITED ..... Petitioner Through: Ms. Meenakshi Arora, Senior Advocate with Mr. Dharmendra Rautray, Ms. Ankit Khushu, Mr. Suryadeep Singh and Ms. Tara Shahani, Advocates. versus NATIONAL HIGHWAYS AUTHORITY OF INDIA ..... Respondent Through: Mr. Sudhir Nandrajog, Senior Advocate with Ms. Tanu Priya Gupta, Ms. Meenakshi Sood, Advocates. CORAM: JUSTICE S. MURALIDHAR JUDGMENT % 21.05.2015 1. The Petitioner, in this petition under Section 9 of the Arbitration and Conciliation Act, 1996 (Act), is a consortium company which entered into a Concession Agreement (CA) with the Respondent, the National Highways Authority of India (NHAI) to augment the road from Km 103.000 to Km 29.100 (approximately 132.913 Km) on the Gujarat/Maharashtra Border-Surat-Hazira Port Section of NH-6 in the state of Gujarat by four-laning on design, build, financ...


May 21 2015

Ved Pal Vs. State (Govt. of Nct of Delhi)

Court: Delhi

Decided on: May-21-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :27. h FEBRUARY, 2015 DECIDED ON :21. t MAY, 2015 + CRL.A. 596/2012 VED PAL ..... Appellant Through : Mr.Yogesh Swaroop, Advocate with Mr.Dushyant Swaroop & Mr.B.K.Roy, Advocates. VERSUS STATE (GOVT. OF NCT OF DELHI) Through : ..... Respondent Ms.Kusum Dhalla, APP. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. The appellant Ved Pal impugns a judgment dated 13.03.2012 of learned Addl. Sessions Judge in Sessions Case No.44/11 arising out of FIR No.97/10 PS Timarpur by which he was held guilty for committing offences punishable under Sections 342/368/376 IPC. By an order dated 15.03.2012, he was awarded RI for one year with fine each under Section 368 and 376 IPC. The sentences were to operate concurrently.2. Simpy, Daljeet, Ranjana, Shakila and Ved Pal (the appellant) were arrested and sent for trial for committing various offences under Sections 365/366/368/370/376/493/498/120B IPC. The instant FIR was lodged on the complaint o...


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