Delhi Court May 2015 Judgments
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Guru Harkishan Public School Through Its Managing Vs. Director of Educ ...
Court: Delhi
Decided on: May-14-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: May 07, 2015 Judgment Delivered on: May 14, 2015 % + WP(C) 8058/2011 GURU HARKISHAN PUBLIC SCHOOL THROUGH ITS MANAGING COMMITTEE ..... Petitioner Represented by: Mr.A.P.S.Ahluwalia, Sr.Advocate instructed by Mr.S.S.Ahluwalia, Advocate versus DIRECTOR OF EDUCATION & ANR ..... Respondents Represented by: Mr.Gautam Narayan, Advocate with Ms.Asmita Singh, Advocate for R-1 Mr.T.N.Tripathi, Advocate for R-2 CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE SANJIV KHANNA HONBLE MR.JUSTICE ASHUTOSH KUMAR PRADEEP NANDRAJOG, J.1. Reference has been made to a larger Bench by the learned Single Judge vide order dated March 27, 2015 noting a conflict between opinions expressed by two learned Single Judges of this Court in the decision reported as 43 (1991) DLT139The Manager Arya Samaj Girls Higher Secondary School & Anr. Vs. Sunrita Thakur and the decision dated January 17, 2006 in W.P.(C) No.7617/2000 The Managing Commi...
Khalid Vs. State
Court: Delhi
Decided on: May-14-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A.730/2012 Reserved on:10. 04.2015 Date of decision:14. 5.2015 % KHALID Through: ..... Appellant Mr.Rajender Chabbra and Mr.Mrutunjay Tayade, Advocates versus STATE Through: ..... Respondent Ms. Aasha Tiwari, APP. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE ASHUTOSH KUMAR ASHUTOSH KUMAR, J.1. Appellant Khalid stands convicted by judgment dated 02.03.2012 passed by the Additional Sessions Judge II (North) Delhi in sessions case No.62/2011 (FIR No.423/2008 P.S. Timarpur) for the offence under section 302/201/392 with the aid of section 34 of the Indian Penal Code, 1960 ('IPC' for short). By the order of sentence dated 06.03.2012, the appellant has been directed to suffer imprisonment for life, fine of Rs. 5000/- and in default of payment of fine, undergo simple imprisonment of 2 months for the offence under section 302/34 of the IPC. He has been sentenced to simple imprisonment for 5 years, fine of Rs.5000/- and in default ...
Dewan Chand Batra and Anr Vs. Harish Chand Tandon
Court: Delhi
Decided on: May-14-2015
$ * IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.F.A. 5/2015 Decided on:14. h May, 2015 % DEWAN CHAND BATRA & ANR ..... Appellants Through: Mr. Laxman Singh, Advocate. versus HARISH CHAND TANDON Through: None. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA ..... Respondent MUKTA GUPTA, J (ORAL) CM No.8860/2015 and 8861/2015 (Exemption) Allowed, subject to all just exceptions. EX.F.A. 5/2015 and CM No.8862/2015 (Stay) 1. Aggrieved by the order dated 25th April, 2015 dismissing the objections of the Appellants in Execution Petition filed by the Respondent, the Appellants prefer the present petition.2. A suit was filed by Kamla Tandon and Harish Chand Tandon against Vijay Kumar Tandon, P.H. Bhatia, Dewan Chand Batra and Chander Kala Batra for possession, injunction and recovery of damages for use and occupation of the premises and mesne profit in respect of the suit property, that is, D-3, Green Park Extension, New Delhi.3. In the suit Kamla Tandon and Harish Chand Tandon claimed that Rang Behari...
Hs Bedi Vs. National Highway Authority of India
Court: Delhi
Decided on: May-14-2015
$~ *IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA7842010, CM Nos. 19620/2012 & 1320/2013 % Date of Decision :14. h May,2015 HS BEDI Through : ..... Appellant Mr. Suhail Dutt, Sr. Adv. with Mr. Vikas Tiwari, and Mr. Sankalp Goswami, Advs. along with appellant. versus NATIONAL HIGHWAY AUTHORITY OF INDIA Through : ..... Respondent Mr. Chetan Sharma, Sr. Adv. with Mr. Sumit Gupta, Adv. CORAM :HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT1 The appellant has challenged the judgment and decree for Rs.8,93,892/- along with interest thereon @ 9% per annum passed by the learned Additional District Judge in favour of the respondent and against the appellant.2. The appellant was the landlord and the respondent was the tenant of the property bearing No.B-529, New Friends Colony, New Delhi. For the sake of convenience, the appellant and the respondent are referred to as the landlord and tenant respectively.3. Relevant facts 3.1. Vide registered lease deed dated 27th April, 1998, the landlord leased out pr...
Commissioner of Income Tax Vs. Ram Kishan Kulwant Rai Charitable Trust
Court: Delhi
Decided on: May-14-2015
$~2, 3 & 5 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on: May 14, 2015 + + ITA13122010 COMMISSIONER OF INCOME TAX ..... Appellant ITA13222010 DIRECTOR OF INCOME TAX ..... Appellant Through: Mr.Rohit Madan, Adv. versus + RAM KISHAN KULWANT RAI CHARITABLE TRUST ..... Respondent Through: Mr.Sandeep Mittal, Adv. ITA162013 DIRECTOR OF INCOME TAX (EXEMPTION) ..... Appellant Through: Mr.N.P.Sahni, Sr.Standing Counsel and Mr.Nitin Gulati,Jr.Standing Counsel. versus IILM FOUNDATION (NEW) ..... Respondent Through: Mr.Sandeep Mittal, Adv. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K.GAUBA MR. JUSTICE S. S. RAVINDRA BHAT % 1. This order is proposed to decide three connected appeals, i.e. ITA Nos. 1312/2010, 1322/2010 and 16/2013. The substantial question of law ITA Nos.1312,1322/2010 &16/2013 Page 1 framed in the first two appeals, i.e. 1312/2010 and 1322/2010 is as follows:Whether in the circumstances of the case, the Assessing Officer could have rendered findings qu...
Eicher Goodearth Ltd. Vs. The Cit
Court: Delhi
Decided on: May-14-2015
$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA542000 EICHER GOODEARTH LTD. ..... Appellant Through: Mr. Ajay Vohra, Sr. Advocate with Ms. Kavita Jha and Ms. Shraddha, Advocates. versus THE CIT ..... Respondent Through: Mr. N.P. Sahni, Sr. Standing Counsel with Mr. Nitin Gulati, Jr. Standing Counsel. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K.GAUBA ORDER1405.2015 % 1. The questions of law as framed originally were as follows:1. Whether the Tribunal was justified in law in holding that assessee-appellant was entitled to deduction under Section 80M of the Income-tax Act, 1961 in respect of net dividend and not gross dividend ?.2. Whether the Tribunal was correct in holding that assessees shares were stock-in-trade and not investment shares ?.3. Whether the Tribunal was correct in holding that expenditure under Section 36 (1) (iii) of the Act was not linked to earning of dividend income?. ITA542000 Page 1 2. In view of the developments which have occurred duri...
Coventry Coil-O-Matic (Haryana) Ltd Vs. Alchemist Asset Reconstruction ...
Court: Delhi
Decided on: May-14-2015
$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on : May 14, 2015 + W.P.(C) 4600/2015 COVENTRY COIL-O-MATIC (HARYANA) LTD. ..... Petitioner Through Mr. Jayant Bhushan, Sr. Adv. with Mr. S S Behl, Mr. Sunil Goel, Mr. Rakesh Sinha, Mr. Ankur S. Kulkarni and Mr. Anand Srivastava, Advs. versus ALCHEMIST ASSET RECONSTRUCTIONS CO. LTD. & ORS ..... Respondent Through Mr. Amit Chadha, Sr. Adv. with Mr. Vaibhav Tyagi and Mr. Virender Negi, Advs. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K. GAUBA MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) % CAV469470/2015 Learned counsel for the Caveator has put in appearance. Caveat Nos. 469-470/2015 are accordingly discharged. W.P.(C) 4600/2015 & C.M. No.8318/2015 (stay) 1. The petitioner challenges the order of the DRAT dated 22.04.2015 by which it refused to entertain an application for suspension of proceedings WP(C) No.4600/2015 Page 1 before the Debt Recovery Tribunal (DRT) in OA No.57/2008 on the ground that a scheme under S...
Itd-Itd Cem Jv Vs. Commissioner of Trade and Taxes
Court: Delhi
Decided on: May-14-2015
$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:14. 05.2015 WP(C) No.5231/2014 & CM104052014 ITD-ITD CEM JV .... Petitioner versus COMMISSIONER OF TRADE AND TAXES ..... Respondent Advocates who appeared in this case: For the Petitioner : Mr Rajesh Jain with Mr Virag Tiwari and Mr K.J.Bhat For the respondent : Mr Sanjay Jain, ASG with Mr Raj Batra, Ms Namisha Gupta and Ms Aastha Jain CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. As recorded in our order dated 19.08.2014 the only plea taken in this petition is that the default assessment notice under sections 32/33 of the Delhi Value Added Tax, 2004 (hereinafter referred to as the said Act) which was issued on 09.07.2014, was time barred. The relevant period for assessment is 01.04.2009 to 31.03.2010. Monthly returns were filed for the entire period by the petitioner. According to the learned counsel for the petitioner the last date for re-a...
Nadeem Vs. The State Nct of Delhi
Court: Delhi
Decided on: May-14-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 423/2015 Date of decision:14. h May 2015 Appellants NADEEM Through: Mr.S.K . Kashyap, Advocate Versus THE STATE NCT OF DELHI Through: Respondent Mr. Feroz Khan Ghazi, APP for the State along with Inspector Rajeev Ranjan and SI Jagbir Singh, PS Usman Pur. CORAM: HONBLE MR. JUSTICE G.S. SISTANI HONBLE MS. JUSTICE SANGITA DHINGRA SEHGAL SANGITA DHINGRA SEHGAL, J.1. Present appeal arise out of a judgment dated 20.11.2006 and order on sentence dated 25.11.2006 passed by the learned Additional Sessions Judge in Session case No.26/06 by virtue of which the appellant has been convicted under section 302/364/201 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC"), and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/- for the offence punishable under Section 302 of the Indian Penal Code, and in default of the payment of fine to further undergo rigorous imprisonment for a period of one year . The appellant ...
State Vs. Rupesh Verma and Ors
Court: Delhi
Decided on: May-14-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment pronounced on:14. h May, 2015 % + Crl.M.C. 3584/2011 & Crl.M.A. No.12728/2011 DEALGOOD BUILDERS & DESIGNERS P. LTD. ..... Petitioner Through Mr.D.M.Bhalla, Adv. with Ms.Chaitali Jain, Adv. versus STATE & ORS Through ..... Respondents Mr.Satish Verma, APP for the State. Mr.Ujjwal Jha, Adv. for R-2. Mr.D.S.Narula, Sr.Adv. with Mr.D.S.Kohli & Mr.T.D.Sharma, Advs. for R-4. AND + Crl.M.C. 1962/2012 STATE Through ..... Petitioner Mr.M.N.Dudeja, APP for the State versus RUPESH VERMA & ORS Through ..... Respondents Mr.Ujjwal Jha, Adv. CORAM: HON'BLE MR.JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. Brief facts of the case as per petition being Crl. M.C No.3584/2011 are that Shri Amit Kishor Verma, respondent No.2 approached the petitioner and represented that he was in need of funds required to be deposited by him in the court in compliance of the order passed by the Additional Chief Metropolitan Magistrate, New Delhi. It was suggested by respond...
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