Delhi Court December 2016 Judgments
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Future Link India vs.the Commissioner of Central Excise, Delhi Ii
Court: Delhi
Decided on: Dec-06-2016
$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SERTA312016, C.M. APPL.44560/2016 Decided on:06. 12.2016 FUTURE LINK INDIA ..... Appellant Through : Sh. C. Hari Shankar, Sr. Advocate with Sh. Paras Chaudhary, Advocate. versus THE COMMISSIONER OF CENTRAL EXCISE, DELHI II ..... Respondent Through : Sh. Sanjeev Narula, Sr. Standing Counsel with Sh. Abhishek Ghai, Advocate. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) % Admit.1. The following question of law arises for consideration: Did the CESTAT and the authorities below fall into error in holding that penalty under Section 78 of the Finance Act, 1994 (the Act) imposed was justified and appropriate?. 2. Issue notice of appeal. Sh. Sanjeev Narula, Sr. Standing Counsel accepts notice. With the consent of counsel, the appeal was heard today, finally.3. The facts of the case are that the assessee provides business auxiliary services and has been functioning since long...
Geo Miller & Co. Pvt. Ltd. Vs.bihar Urban Infrastructure Development C ...
Court: Delhi
Decided on: Dec-06-2016
IN THE HIGH COURT OF DELHI AT NEW DELHI $~ * + + OMP (I) 290/2015 & IA Nos. 16141/2015, 23120/2015, 850/2016 GEO MILLER & CO. PVT. LTD. ARB. P. 499/2015 ........ Petitioner Through: Mr. S.D. Singh, Mr. Rahul K. Singh & Mr. Jitender Singh, Advocates. versus BIHAR URBAN INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED & ANR ........ RESPONDENTS Through: Ms. Shilpa Singh & Mr. Rahul Madhvani, Advocates. + PATNA WATER SUPPLY DISTRIBUTION NETWORKS PVT. LTD. & ANR OMP (I) 416/2015 ......... Petitioners Through: Mr. S.D. Singh, Mr. Rahul K. Singh & Mr. Jitender Singh, Advocates for... Petitioner No.2. versus UNITED BANK OF INDIA & ANR ........ RESPONDENTS Through: Mr. Pankul Nagpal, Advocate for R-1. Ms. Shilpa Singh & Mr. Rahul Madhvani, Advocates for R-2. CORAM: JUSTICE S. MURALIDHAR % 1. These three petitions arise out of a common set of facts and are being ORDER0612.2016 disposed of by this common order. Arb. P. No.499/2015; OMP (I) Nos.290/2015 & 416/2015 Page 1 of 16 2. Arb. P. No.499/201...
M/S Alka Enterprises & Ors. Vs.mohd Zubair
Court: Delhi
Decided on: Dec-06-2016
$~11. * + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI RFA6612016 & CMs No.32460 & 32462/2016 M/S ALKA ENTERPRISES & ORS. ..... Appellants Through: Mr. Sandeep P.Aggarwal and Mr.Pratyush Miglani, Advocate with Mr.Manu Kapur, partner of the appellant No.1 in person versus ..... Respondent MOHD ZUBAIR Through: Mr. Sanjeev Bajaj, Advocate with respondent in person CORAM: HON'BLE MS. JUSTICE HIMA KOHLI % ORDER0612.2016 Appearance is entered by learned counsel for the respondent who states that he shall be filing his power of attorney within two days.2. Counsels for the parties state that apart from the summary suit instituted by the respondent against the appellants for recovery of a sum of Rs.20 lacs along with interest, subject matter of the present appeal, the respondent had also filed a complaint against the appellants under Section 138 of the Negotiable Instruments Act which had culminated in an order dated 9.11.2016, passed by the learned MM, Tis Hazari Courts, Delhi whereunder, a sent...
Sadbhawna Cooperative Group Housing Society Ltd vs.arvind Kumar Sharma
Court: Delhi
Decided on: Dec-06-2016
$~29 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 11453/2016 SADBHAWNA COOPERATIVE GROUP HOUSING SOCIETY ........ Petitioner LTD Date of decision:6. h December, 2016 Through Mr. Sudhir Nandrajog, Sr. Advocate with Mr. Ankur Arora, Ms. Srishti Sharma and Ms. Surya Rajappan, Advocates. Versus ARVIND KUMAR SHARMA Through ..... Respondent CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR SANJIV KHANNA, J.(ORAL) Sadbhawna Cooperative Group Housing Society Ltd. in this writ petition has impugned statutory arbitration Award dated 29th February, 2012 made under Section 71 of the Delhi Cooperative Societies Act, 2003 and the order dated 1st July, 2016, passed by the Delhi Cooperative Tribunal affirming the said award. W.P. (C) 11453/2016 Page 1 of 8 2. The arbitration proceedings were invoked by Arvind Kumar Sharma, the respondent before us, asserting that he was a member of the petitioner Sadbhawna Cooperative Group Housing Society and would be accordingly ent...
Jagdish vs.new Delhi Municipal Council & Ors
Court: Delhi
Decided on: Dec-06-2016
$~8-13 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment dated 06thDecember, 2016 + W.P.(C) 5277/2016 & C.M. No.22075/2016 (for stay) JAGDISH ........ Petitioner Through Mr.Kirti Uppal, Senior Advocate with Ms.Aastha Dhawan & Ms.Wamika Trehan, Advocates versus NEW DELHI MUNICIPAL COUNCIL & ORS ........ RESPONDENTS Through Mr.Sri Harsha Peechara, ASC with Mr.Mananjay Kr. Mishra, Ms.Vidhi Jain, Mr.Shailja Nanda Mishra, Advocates for respondents No.1 & 2 along with Mr.Narayan Kumar, ALO, NDMC in person. Mr.Rahul Sharma, Advocate with Mr.C.K.Bhatt, Advocate for respondent No.3. + W.P.(C) 5286/2016 & C.M. No.22119/2016 (for stay) LEELA VEER SINGH ........ Petitioner Through Mr.Kirti Uppal, Senior Advocate with Ms.Aastha Dhawan & Ms.Wamika Trehan, Advocates versus NEW DELHI MUNICIPAL COUNCIL & ORS ........ RESPONDENTS Through Mr.Sri Harsha Peechara, ASC with Mr.Mananjay Kr. Mishra, Ms.Vidhi Jain, Mr.Shailja Nanda Mishra, Advocates for respondents No.1 & 2 along with Mr.Narayan Kumar, ALO,...
Manali Petrochemicals Limited vs.union of India and Ors.
Court: Delhi
Decided on: Dec-06-2016
$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:06. 12.2016 + W.P.(C) 11548/2016, C.M. APPL.45453/2016 MANALI PETROCHEMICALS LIMITED ........ Petitioner Through: Sh. Sandeep Sethi, Sr. Advocate with Sh. Sharad Bhansali, Sh. Jitendra Singh and Sh. Vaibhav Sharma, Advocates. versus UNION OF INDIA & ORS. ........ RESPONDENTS Through: Sh. Darpan Wadhwa and Sh. Arnav Kumar, Advocates, for Respondent Nos. 1 and 2. Sh. Balbir Singh, Sr. Advocate with Sh. Angad Sandhu, Sh. Ankit Vijaywargiya, Sh. Darpan Bhuyan and Sh. Ankur Sharma, Advocates. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) % 1. Issue Notice. Mr. Darpan Wadhwa, and Mr. Angad Sandhu, Advocates accept notice.2. 3. The petition was finally heard. The writ petitioner impugns a final order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) made under Section 9C of the Customs Tariff Act (CTA), dismissing its appeal by an unreasoned order...
Mrs. Pawan Jashial vs.khalsa Middle School & Ors.
Court: Delhi
Decided on: Dec-05-2016
* + % MRS. PAWAN JASHIAL IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) No.2854/2016 and C.M. Nos.11955/2016 (stay), 29740/2016 (under Order 39 Rule 4 by respondent No.1) & 43238/2016 (for directions by petitioner) 5th December, 2016 ........ Petitioner Through: Mr. Nikilesh R. Advocate with Mr. Saurabh Mishra, Advocate. KHALSA MIDDLE SCHOOL & ORS. versus ........ RESPONDENTS Through: Mr. Puneet Sharma, Advocate for respondent No.1. Ms. Swaty Singh Malik, Advocate for respondent Nos.4 and 7. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. YES VALMIKI J.MEHTA, J (ORAL) 1. This writ petition is filed under Article 226 of the Constitution of India by the petitioner, and who is a teacher in the respondent no.1/school, impugning the show cause notice dated 14.3.2016 by which it is proposed that disciplinary proceedings be taken against the petitioner for having obtained her employment with the respondent no.1/school by fraud because petitioner had represen...
Satish Verma & Ors vs.sharbati Devi
Court: Delhi
Decided on: Dec-05-2016
$~21 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: December 05, 2016 RSA3632016 SATISH VERMA & ORS ..... Appellants Through: Mr.Rajeev Sharma, Ms.Radhalakshmi R. And Mr.T.Raajat Krishna, Advocates. versus ..... Respondent Through: None. SHARBATI DEVI CORAM: HONBLE MS. JUSTICE PRATIBHA RANI JUDGMENT (Oral) CM No.44864/2016 1.2. Exemption allowed, subject to all just exceptions. Application stands disposed of. CM No.44865/2016 & CM No.44866/2016 1. For the reasons stated in the applications, two days delay in filing and two days delay in re-filing the appeal is condoned.2. Both the applications are disposed of. RSA3632016 1. This Regular Second Appeal has been filed by the appellants impugning the concurrent judgments by the Courts below; judgment dated 08.07.2014 passed by the learned Trial Court dismissing the suit filed by the appellants and judgment dated 20.07.2016 passed by the First Appellate Court upholding the decision of the learned Trial Court.2. Learned coun...
Yashoda Sharma vs.state
Court: Delhi
Decided on: Dec-05-2016
* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:5. h December, 2016 CRL.M.C. 3081/2016 & Crl.M.A. 13280/2016 (stay) YASHODA SHARMA ........ Petitioner Represented by: Mr. Nishit Kush, Mr. Sanjeev STATE K. Balyan, Mr. Nirbhay Sharma, Ms. Shivani Tyagi, Advs. versus Represented by: Mr. Ashok Kumar Garg, APP. Mr. Sachin Sangwan, Adv. for R-2. ..... Respondent CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) 1. Despite service none is present on behalf of respondent No.3.2. Respondent No.3 who is an accused in case FIR No.283/2007 registered at PS Vasant Vihar filed an application under Section 319 Cr.P.C. wherein four accused i.e. Janardan Rai, Baleshwar Rai, Yashoda Sharma, the petitioner herein and P.K.Srivastava were summoned. The allegations in the FIR were that on 2nd July, 2007 at about 8.00 AM at Upras Vidhayalaya, Vasant Marg, Vasant Vihar, Hira Lal outraged the modesty of respondent No.2 by obstructing her way and wrongfully restraining her and also caused si...
Laxmi Automatic Loom Works Ltd. Vs.deputy Commissioner of Income Tax ( ...
Court: Delhi
Decided on: Dec-05-2016
* IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:05. 12.2016 + W.P.(C) 5036/2016 LAXMI AUTOMATIC LOOM WORKS LTD. Petitioner Through: Sh. S. Ganesh, Sr. Advocate with Ms. Suruchii Aggarwal, Advocates. Versus DEPUTY COMMISSIONER OF INCOME TAX (RECOVERY) AND ANR. ....Respondents Through: Sh. D.R. Jain, Sr. Standing Counsel, for Respondent No.1. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE DEEPA SHARMA MR. JUSTICE S. RAVINDRA BHAT % 1. The issue that arises in the present Writ Petition is whether the benefit of exemption from Capital Gains Tax can be denied to an undertaking sought to be revived by the Board for Industrial and Financial Reconstruction (BIFR), by giving unwarranted importance and weightage to the fact that the... Petitioner's net worth has turned positive without considering that the Company's carried-over losses as on 31.03.2015 amounts to `887.23 lakhs and the fact that it has to create Capital Redemption Reserve of `850 lakhs out of profits for red...
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