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Delhi Court May 2015 Judgments

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May 21 2015

Mukesh Kumar Vs. The Administrator

Court: Delhi

Decided on: May-21-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on May 18, 2015 Judgment delivered on May 21, 2015 + OMP (I) 211/2015 MUKESH KUMAR Through: ..... Petitioner Mr.Milind M. Bhardwaj, Adv. with Ms.Deepali Dwivedi, Adv. versus THE ADMINISTRATOR Through: ..... Respondent Mr.Avinash Sharma, Adv. CORAM: HON'BLE MR. JUSTICE V.KAMESWAR RAO V.KAMESWAR RAO, J.1. In this petition under Section 9 of the Arbitration and Conciliation Act, 1996 (Act, in short), the petitioner has sought a restraint order against the respondent from enforcing second part of clause (VIII) of the notice dated April 6, 2015 as amended vide notice dated April 13, 2015 published for scheduled election to Smaller Representative General Body of the Society (SRGB, in short) prohibiting a member to contest the election if his remaining membership in the society is less than five years with a further direction to the respondent to allow the petitioner to file nomination.2. The brief facts are, on January 29, 2012, ele...


May 21 2015

M/S Shree Ji Sarees Through: Its Proprietor Sh. Pa Vs. Ved Prakash Sha ...

Court: Delhi

Decided on: May-21-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:25. h March, 2015 Date of Decision:21. t May, 2015 % + W.P.(C) 7267/2012 M/S SHREE JI SAREES THROUGH: ITS PROPRIETOR SH. PANKAJ JAIN ..... Petitioner Through: Mr. Vivekanand, Adv. versus VED PRAKASH SHARMA Through: ..... Respondent Mr. Anurag Vashistha, Adv. CORAM: HON'BLE MR. JUSTICE V.P.VAISH JUDGMENT1 By way of this petition under Article 226 of the Constitution of India, the petitioner has assailed the award dated 11.07.2012 passed by learned Presiding Officer, Labour Court No.XVI, Karkardooma Courts, Delhi in I.D. No.33/2010, wherein the Labour Court held the respondent to be the employee of the petitioner and his termination to be illegal, consequently, awarded a lump-sum compensation of Rs.1,00,000/- (Rupees One lakh) in lieu of reinstatement and back wages to the petitioner.2. Brief facts of the case as borne out from the petition are that an industrial dispute was raised by the respondent and on a reference made by the appr...


May 21 2015

Meyyappan. Vr and Ors. Vs. The State and Anr.

Court: Delhi

Decided on: May-21-2015

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: May 21, 2015 + CRL.M.C. 1566/2015 & Crl.M.As.5751-52/2015 MEYYAPPAN. VR & ORS Through: ..... Petitioners Mr. Mayilsamy K., Advocate versus THE STATE & ANR Through: .....Respondents Mr. Karan Singh, Additional Public Prosecutor for respondentState with SI Karan Singh Mr. Pradeep Kumar, Advocate with respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % In this petition, quashing of FIR No.203/2013 under Sections 498A/406/34 of IPC registered at P.S. Malviya Nagar, New Delhi is sought on the basis of affidavit of respondent No.2. Upon notice, learned Additional Public Prosecutor for respondentState submits that respondent No.2, present in the Court, has been identified to be complainant/first-informant of the FIR in question by SI Karan Bir Singh on the basis of identity proof produced by her. Learned counsel for petitioners submits that one jewellery item i.e. necklace has been handed over to res...


May 21 2015

Commissioner of Income Tax Delhi Central-Iii Vs. Vishan Das

Court: Delhi

Decided on: May-21-2015

$~9 to 11 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on: May 21, 2015. + ITA4042013 COMMISSIONER OF INCOME TAX DELHI CENTRAL-III ..... Appellant versus VISHAN DAS + ITA4052013 COMMISSIONER OF INCOME TAX DELHI CENTRAL -III ..... Appellant versus GOVIND LAL + ..... Respondent ..... Respondent ITA4082013 COMMISSIONER OF INCOME TAX DELHI CENTRAL -III ..... Appellant versus VED PRAKASH Presence : ..... Respondent Mr. P Roy Chaudhuri, sr. standing counsel for revenue Mr. Piyush Kaushik, Adv. for assessee CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K. GAUBA MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) % 1. In these three appeals, the revenue urges that the common order of the ITA Nos.404/2013 & conn. Page 1 Income Tax Appellate Tribunal in IT(SS) Nos.29 to 32/D/2011 covering the block period 1.4.95 to 5.10.01 is erroneous insofar as it upheld cancellation of interest added under Section 245D(2C) of the Income Tax Act.2. A search took place in the premises of one K.C....


May 21 2015

Ferrous Infrastructure Pvt. Ltd. and Anr. Vs. Deputy Commissioner of I ...

Court: Delhi

Decided on: May-21-2015

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:21. 05.2015 W.P.(C)5229/2014 & CM No.10401 /2014 FERROUS INFRASTRUCTURE PVT. LTD. & ANR. versus DEPUTY COMMISSIONER OF INCOME TAX ....Petitioners ..... Respondent Advocates who appeared in this case: For the Appellant For the Respondent : Mr S.Krishnan, Advocate : Mr Rohit Madan, Advocate. CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT2105.2015 BADAR DURREZ AHMED, J (ORAL) 1. This writ petition is directed against the notice dated 30.08.2012 issued by the DCIT, Circle 11(1), New Delhi, under Section 148 of the Income Tax Act, 1961. The writ petition is also directed against the order dated 30.03.2014 passed by the Assessing Officer re-assessing the income of the assessee in respect of the Assessment Year 2008-2009.2. When this matter came up for hearing on the first occasion, i.e., 19.08.2014, we had recorded that the learned counsel for the petitioners had raised two points...


May 21 2015

Ams Building Materials Vs. Pooja Garg

Court: Delhi

Decided on: May-21-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + C.R.P. 41/2015 & CM54852015 (stay) Decided on:21. t May, 2015 % AMS BUILDING MATERIALS ..... Petitioner Through Mr. Jojo Jose, Adv. versus POOJA GARG Through ..... Respondent Mr. Neeraj Jain, Adv. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) 1. Aggrieved by the order dated 5th September, 2014 disposing of the preliminary issue raised by the petitioner/defendant in Suit No.220/13 titled as Smt. Pooja Garg Vs. M/s. AMS Building Materials, the petitioner M/s. AMS Building Material (in short M/s. AMS) files the present petition.2. Issue No.2 framed by the learned Trial Court was Whether this Court has no territorial jurisdiction to entertain and try the present suit?. (OPD). Arguments were addressed by the parties and vide the impugned order it was held that the Court at Delhi had territorial jurisdiction to entertain the suit and the trial court thus decided the issue against the petitioner/defendant and in favour of the plaintif...


May 21 2015

Mrs. Sudesh Jain Vs. Directorate of Education and Anr.

Court: Delhi

Decided on: May-21-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.1278/2010 21st May, 2015 % MRS. SUDESH JAIN Through ..... Petitioner Mr.Preet Pal Singh, Advocate. versus DIRECTORATE OF EDUCATION & ANR. Through ..... Respondents CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This writ petition is filed under Article 226 of the Constitution of India by the petitioner, who was a teacher in the erstwhile School/Bhagwan Mahabir Sanskrit Vidyalaya, Ahinsha Bhawan, Shankar Road, Rajender Nagar, New Delhi. This Bhagwan Mahabir Sanskrit Vidyalaya became dysfunctional in 1994, and therefore on 05.1.1994, the Directorate of Education passed an order for adjustment of the teachers of the Bhagwan Mahabir Sanskrit Vidyalaya including the petitioner in other aided schools of the Directorate of Education.2. Petitioner was adjusted in Srimad Dayanand Gurukul Sanskrit Mahavidyalaya, Dhera Khurd, Delhi. Petitioner however was not absorbed in that sch...


May 21 2015

Sampat Kumar Vs. Smt Rama Kapoor and Anr

Court: Delhi

Decided on: May-21-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 119/2015 & CM45112015 (stay) Decided on:21. t May , 2015 % SAMPAT KUMAR Through ..... Petitioner Mr. Shashindra Tripathi, Adv. versus SMT RAMA KAPOOR & ANR ..... Respondent Through Mr. B.B. Gupta, Mr. Sanyam Khetarpal, Advs. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) 1. Aggrieved by the order dated 12th January, 2015 whereby the application for leave to defend filed by the petitioner Sampat Kumar in an eviction petition filed by the respondent Smt. Rama Kapoor and Mr. Rajeev Kapoor was dismissed being time barred, the petitioner prefers the present petition.2. Rama Kapoor and Rajeev Kapoor filed an eviction petition in respect of a shop and a kolki situated on the ground floor of property bearing No.64/1(Part), near House No.269, Katra Pedan, Tilak Bazar, Delhi-110006 on the ground that the same was required bonafidely for the wife of Rajeev Kapoor who wants to settle a business of general merchandise and stationery ...


May 21 2015

Anil Kumar Sharma Vs. Om Prakash and Ors.

Court: Delhi

Decided on: May-21-2015

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: May 21, 2015 + CRL.M.C. 5018/2014 ANIL KUMAR SHARMA Through: ..... Petitioner Mr. Manish Kumar Srivastava, Advocate versus OM PRAKASH & ORS Through: .....Respondents Mr. Navin Sharma, Additional Public Prosecutor for respondentState with SI Pushpendra Respondent No.1-in-person Mr. Mukesh Gupta, Advocate for respondent-MCD Mr.Anurag Kumar, Advocate for respondent No.4-BSES YPL CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.129/2011, under Sections 304A of IPC registered at police station Kashmere Gate, Delhi is sought on the basis of affidavit of respondent No.1. Learned Additional Public Prosecutor for respondentState submits that respondent No.1, present in the Court, is identified to be the complainant/first-informant of the FIR in question by SI Pushpendra on the basis of identity proof produced by him. CRL.M.C. 5018/2014 Page 1 Learned counsel for petitioner submits that respondent No.3 and ...


May 21 2015

Tarun Pal Singh and Anr Vs. Lt. Governor, Govt. of Nct of Delhi and Or ...

Court: Delhi

Decided on: May-21-2015

IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:21. 05.2015 W.P.(C) 8596/2014 TARUN PAL SINGH & ANR Petitioners versus LT. GOVERNOR, GOVT. OF NCT OF DELHI & ORS Respondent AND + W.P.(C) 2888/2014 & CM149922014, 14994/2014 & 16227/2014 & CM99972015 RAJENDER KISHAN GUPTA & ORS. Petitioners Respondent versus UNION OF INDIA + W.P.(C) 4839/2014 & CM96622014 & CM99982015 SUDHIR KISHAN GUPTA Petitioner versus LT. GOVERNOR, GOVT. OF NCT OF DELHI, NEW DELHI AND ORS + ... Respondents W.P.(C) 4462/2014 & CM88982014 & CM99992015 SANJAY GUPTA WP(C) 8596/2014 & ORS versus LT. GOVERNOR, GOVT. OF NCT OF DELHI & ORS Respondent + W.P.(C) 5559/2014 & CM1378513786/2014 VIRENDER KISHAN GUPTA Petitioner versus LT. GOVERNOR, GOVT. OF NCT OF DELHI & ORS Respondent + W.P.(C) 6017/2014 & CM176612014& CM100002015 SAROJ KUMARI GUPTA & ORS Petitioners Respondents versus LAND ACQUISITION COLLECTOR & ORS + W.P.(C) 6290/2014 & CM151902014 & CM99922015 VIJENDER KISHAN GUPTA Petitioners Resp...


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