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Delhi Court December 2016 Judgments

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Dec 07 2016

Technico Agri Sciences Ltd. Vs.deputy Commissioner of Income Tax & Anr ...

Court: Delhi

Decided on: Dec-07-2016

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:07. 12.2016 + W.P.(C) 2685/2016, CM APPL. 11355/2016 TECHNICO AGRI SCIENCES LTD Through: Mr. Rupesh Jain, Adv. Versus ........ Petitioner DEPUTY COMMISSIONER OF INCOME TAX & ANR. Through: Mr. P. Roychoudhuri, Senior Standing Counsel ..... Respondent CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI S. RAVINDRA BHAT, J (Oral) The assessee/petitioner, in the present proceedings under 1. Articlesof the Constitution, impugns a notice issued under Section 148 of the Income Tax Act, 1961 [the Act, for short]. proposing re-assessment for Assessment Year (AY) 2008-09 which was concluded through scrutiny assessment under Section 143(3) of the Act on 22.12.2010. The re-assessment notice refers to the proceedings for a subsequent year, i.e., AY201213 as well as a decision of the Karnataka High Court in the case of CIT v. Namdhari Seeds Pvt. Ltd.:16. taxmann.com 83 which states as follows: M/s Technico A...


Dec 07 2016

Uttar Pradesh Rajkiya Nirman Nigam Ltd. Vs.netaji Subhas Institute of ...

Court: Delhi

Decided on: Dec-07-2016

IN THE HIGH COURT OF DELHI AT NEW DELHI $~ * F-204. + O.M.P. 68/2009 UTTAR PRADESH RAJKIYA NIRMAN NIGAM LTD. ........ Petitioner Through: Mr. Raman Kapur, Senior Advocate with Mr. Dhiraj Sachdeva, Advocate. Versus NETAJI SUBHAS INSTITUTE OF TECHNOLOGY... RESPONDENTThrough: None. CORAM: JUSTICE S. MURALIDHAR % ORDER0712.2016 1. The challenge in this petition under Section 34 of the Arbitration and Conciliation Act, 1996 (Act) is to an Award dated 7th November, 2008 passed by the sole Arbitrator in the disputes between the... Petitioner, Uttar Pradesh Rajkiya Nirman Nigam Ltd., and the Respondent, Netaji Subhas Institute of Technology, arising out of an agreement dated 4th March, 2002 for the construction of three boys' hostels i.e., Hostels 2, 3 and 4. In terms of the agreement, the time allowed for completion of work of Hostel No.2 was 12 months, Hostel No.3 was 15 months and Hostel No.4 was 18 months. Correspondingly, the stipulated dates of completion of the said three hostels OMP68o...


Dec 07 2016

Satya Prakash Gupta & Ors vs.new Delhi Municipal Corporation

Court: Delhi

Decided on: Dec-07-2016

$~26. * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11540/2016 and CM APPL. 45436/2016 1. SATYA PRAKASH GUPTA & ORS ........ Petitioners Through: Mr. Shahid Ali, Advocate with Mr. Anwar Khalil, Advocate versus NEW DELHI MUNICIPAL CORPORATION ..... Respondent Through: Mr. Sanjay Jain, ASG with Mr. Akshay Makhija, CGSC, Ms. Rhea Verma, Ms. Mahima Bahl, Ms. Shivi Sanyam, Ms. Divya Kapur and Mr. Sumant Bhushan, Advocates CORAM: HON'BLE MS. JUSTICE HIMA KOHLI % The present petition has been filed by the petitioners praying inter ORDER0712.2016 alia for quashing/setting aside a sealing order dated 16.05.2016, whereunder the respondent/NDMC has sealed their shops situated in a premises commonly known as Connaught Hotel situated on Shaheed Bhagat Singh Marg, New Delhi, and for directions to the NDMC to enter into fresh Licence Agreements with them.2. Mr. Ali, learned counsel for the petitioners submits that the respondent/NDMC had granted a license in respect of the subject premises in f...


Dec 07 2016

Union of India & Anr. Vs.daya Shankar

Court: Delhi

Decided on: Dec-07-2016

IN THE HIGH COURT OF DELHI AT NEW DELHI R-13 * + W.P. (C) 4142/2002 % Date of Judgment:07. h December, 2016 UNION OF INDIA & ANOTHER ........ Petitioners Through Mr. Bhagwan Swaroop Shukla, Adv. versus DAYA SHANKAR Through: None. ..... Respondent CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE VINOD GOEL VINOD GOEL, J.(ORAL) 1. Challenge in this writ petition is to the order of Central Administrative Tribunal (hereinafter referred to for short as the Tribunal) dated 14.03.2002 in OA No.2545/2001, whereby the Tribunal has allowed the OA and quashed the order passed by the Revisional Authority and the petitioner herein were directed to restore the pay and accordingly re- fix and re-calculate his pension within a period of three months after receipt of a copy of order.2. The respondent was working as Junior Engineer in Central Water Commission, under the Ministry of Water Resources. He was sanctioned a LTC advance of Rs.13,800/- by Executive Engineer, North Eastern Investigatio...


Dec 07 2016

Brij Lal vs.the State (Nct of Delhi)

Court: Delhi

Decided on: Dec-07-2016

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :22. d NOVEMBER, 2016 DECIDED ON :7. h DECEMBER, 2016 + BRIJ LAL CRL.A.818/2015 ..... Appellant Through : Mr.Jivesh Tiwari, Advocate. versus THE STATE (NCT OF DELHI) ..... Respondent Through : Mr.Amit Gupta, APP. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. Present appeal is directed against a judgment dated 24.11.2014 of learned Addl. Sessions Judge in Sessions Case No.119/2013 emanating from FIR No.266/2013 PS Vasant Kunj (South) by which the appellant - Brij Lal was held guilty for committing offence under Section 6 POCSO Act. By an order dated 05.12.2014, he was awarded RI for ten years with fine `10,000/-.2. Briefly stated, the prosecution case as projected in the charge- sheet was that on 26.06.2013 at around 11.00 a.m. the appellant sexually assaulted the victim X (assumed name) aged around four and a half years at his house. The incident was conveyed to the police and Daily Diary (DD) No.60A (Ex.PW-1/A) came to be reco...


Dec 07 2016

Jagdish Parsad and Others vs.university of Delhi & Others

Court: Delhi

Decided on: Dec-07-2016

* IN THE HIGH COURT OF DELHI AT NEW DELHI + LETTERS PATENT APPEAL No.374/2015 % Reserved on:28. h September, 2016 JAGDISH PARSAD AND OTHERS Date of Decision:7. h December, 2016 ....Appellant Through Mr. Mukul Talwar, Sr. Advocate with Mr. Shekhar Kumar & Mr. Nitin Sharma, Advocates. Versus UNIVERSITY OF DELHI & OTHERS ..Respondents for Through Mr. Sourabh Banerjee, Advocate respondent No.1. Mr. Ruchir Mishra & Mr. Mukesh Kumar Tiwari, Advocates for UOI. Mr. Apoorv Kurup & Mr. V.C. Shukla, Advocates for UGC. LETTERS PATENT APPEAL No.539/2015 ....Appellant YOGESH SOBTI AND ANOTHER Through Nemo. Versus UNIVERSITY OF DELHI & OTHERS ..Respondents for Through Mr. Sourabh Banerjee, Advocate respondent No.1. Mr. Apoorv Kurup & Mr. V.C. Shukla, Advocats for UGC. Mr. Anurag Mathur, Advocate for respondent No.3. CORAM: HONBLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE SUNITA GUPTA SANJIV KHANNA, J.This common decision would dispose of the aforementioned Letters Patent Appeals arising out of th...


Dec 07 2016

M/S Srm Infracon Pvt Ltd & Anr vs.m/s an Elegant Hospitality & Anr

Court: Delhi

Decided on: Dec-07-2016

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 409/2016 M/S SRM INFRACON PVT LTD & ANR ..... Plaintiffs Through: Mr. Dinesh Garg, Ms. Rachna Agrawal & Mr. Pradeep Goel, Advs. Versus M/S AN ELEGANT HOSPITALITY & ANR ..... Defendants Through: Mr. Yogesh K. Jagia, Mr. Amit Sood & Ms. Sushma Yadav, Advs. for D- 1&2. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW % ORDER0712.2016 IA No.14694/2016 (of both the defendants under Section 8 of the Arbitration & Conciliation Act, 1996) 1. This application came up first before this Court on 28th November, 2016 when the following order was passed: 1. The defendants in this suit for ejectment from immovable property on determination of lease seek reference to arbitration in accordance with Clause 24 of the registered lease deed.2. The counsel for the plaintiffs appears on advance notice and states that the defendants have not filed the written statement and hence their defence is liable to be struck off and the suit be decreed and for which pu...


Dec 07 2016

Nanhe Khan vs.govt of Nct of Delhi

Court: Delhi

Decided on: Dec-07-2016

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + NANHE KHAN RESERVED ON : NOVEMBER102016 DECIDED ON : DECEMBER07 2016 CRL.A. 1265/2015 ..... Appellant Through : Mr.Rama Shankar, Advocate with Ms.Kamlesh, Advocate. versus GOVT OF NCT OF DELHI CORAM: HON'BLE MR. JUSTICE S.P.GARG Through : Ms.Meenakshi Dahiya, APP ..... Respondent S.P.GARG, J.1. The appellant-Nanhe Khan impugns a judgment dated 29.09.2015 of learned Additional Sessions Judge in Sessions Case No.46/2012 arising out of FIR No.1registered at Police Station Seelampur by which he was held guilty for committing offence under Section 376(2)(f) read with Section 511 IPC. By an order dated 30.09.2015, he was sentenced to undergo rigorous Imprisonment for seven years with fine Rs. 25000/-; default sentence being simple imprisonment for two months.2. Briefly stated the prosecution case, as reflected in the charge- sheet, was that on 29.03.2012 at about 03:00 P.M at A-157, Buland Masjid, Crl.A.1265/2015 Page 1 of 6 Shastri Park, New Se...


Dec 07 2016

Vimal Chandok vs.shiv Sharan Dass & Anr

Court: Delhi

Decided on: Dec-07-2016

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:07. 12.2016 $~A-41 * % + RC.REV. 290/2015 and CM No.10735/2015 VIMAL CHANDOK ........ Petitioner Through Ms.Shalini Kapoor, Ms.Ruhini Dey and Mr.Dikshant Khanna, Advocates Versus SHIV SHARAN DASS & ANR CORAM: HON'BLE MR. JUSTICE JAYANT NATH Through Mr. Vinay Gupta, Advocate ........ RESPONDENTS JAYANT NATH, J.(ORAL) 1. The present Revision Petiton is filed under Section 25-B(8) of The Delhi Rent Control Act, 1958 (hereinafter referred to as the DRC Act) seeking to impugn the order dated 16.3.2015 of the Additional Rent Controller (hereinafter referred to as the ARC) by which order the application for leave to defend of the respondent/tenant was granted and the respondent was allowed to file a written statement.2. The petitioner/landlord had filed the Eviction Petition under section 14(1)(e) of the DRC Act seeking Eviction of half second floor (rear portion) of H.No.G-5, Jawahar Nagar, Kamla Nagar, Delhi. The respondents were indu...


Dec 06 2016

Sunnaren Seaways Inc. Vs.mstc Limited

Court: Delhi

Decided on: Dec-06-2016

IN THE HIGH COURT OF DELHI AT NEW DELHI % + EX.P. 51/2009 Judgment delivered on:06. 12.2016 SUNNAREN SEAWAYS INC. ..... Decree Holder MSTC LIMITED ..... Judgement Debtor versus Advocates who appeared in this case: For the Decree Holder : Mr N. Ganpathy, Senior Advocate with Mr Atul N. and Mr Pradhyuman Sharma. For the Judgment Debtor : Mr Rakesh Tiku, Senior Advocate, Mr R.K. Panigrahi and Mr Sandeep Kumar. CORAM HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J M/s Sunnaren Seaways Inc. (hereafter SSI) has filed the present 1. petition to enforce the arbitral award dated 15.04.1995 (hereafter 'the award') published by the Umpire (Capt. S.M. Berry) which was made a Rule of Court by an order passed by the Single Judge of this Court on 20.09.2006.2. SSI is the owner of the vessel M.V. Progressive - which was given by SSI on Charter to the respondent (hereafter 'MSTC'). MSTC had chartered the said vessel to import 17000 mt (+ - 5% at owners option) of pig iron in bulk from the Port...


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