Delhi Court March 2016 Judgments
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Delhi Development Authority Vs. Khem Chand and Others
Court: Delhi
Decided on: Mar-02-2016
1. This is an application for condonation of delay of 100 days in filing the appeal. 2. The appellant/applicant, while asking for the delay of 100 days in filing the second appeal to be condoned, submitted that the files pertaining to the said matter was received in the office of the counsel of DDA on 26.05.2015 with the authorisation to draft the second appeal against the judgment and order dated 26.03.2015 passed by the First Appellate Court. 3. It is submitted that counsel was not attending his office because of some personal/family obligations and he was not informed by the clerk about receipt of the file of the DDA. The files were kept in the file cabinet and later were wrongly tied with W.P.(C) No.8252/2014 (Hardeep Kaur vs. Union of India). The aforesaid case was listed for hearing on 21.08.2015 when it was discerned that the file of the present case was also wrongly tied with W.P.(C) 8252/2014. 4. Learned counsel for the appellant/applicant submits that immediately thereafter, ...
Oriental Insurance Co. Ltd. Vs. Hemraj and Others
Court: Delhi
Decided on: Mar-02-2016
1. Both these appeals arise out of the common judgment rendered by the motor accident claims tribunal (the tribunal) on 05.03.2013 deciding two claim cases registered under Sections 166 and 140 of Motor Vehicles Act, 1988 (MV Act) as suit Nos. 405/2011 (2009) and 392/2011 (2008) on account of injuries suffered by Hem Raj (first respondent in MAC Appeal No. 528/2013) and the death of Mohan Singh son of Tilak Singh @ Tilwa Karki and Dhana Karki (first and second respondents in MAC Appeal No. 536/2013). The injuries had been suffered by Hem Raj and Mohan Singh (who died as a result) in a motor vehicular accident that occurred in the morning of 23.5.2008 involving collision between Eicher Truck bearing DL 1M 1450 ( Eicher Truck ) and motor vehicle described as dumper bearing registration No. UP 17B 9596 ( dumper ), at a place near petrol pump, opposite Haldi Ram outlet on Mathura Road, New Delhi. It is now beyond dispute that Eicher truck was driven by deceased Mohan Singh with injured Hem...
Kishori Lal Vs. State
Court: Delhi
Decided on: Mar-02-2016
1. The present is an appeal under section 27 of Prevention of Corruption Act, 1988 (hereinafter referred to as the PC Act ) read with section 374 (2) of the Code of Criminal Procedure, 1973 (for short Cr.P.C. ), preferred against the judgment and order on sentence dated 09.05.2008 and 12.05.2008 respectively, passed by the Special Judge, Delhi in C.C. No. 43/05, whereby the appellant has been convicted for the offences punishable under sections 7 and 13(1) (d) of PC Act and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 2000/- (Rupees Two Thousand) under section 7 of the PC Act, with the stipulation that in default of payment of fine, the appellant shall further undergo simple imprisonment for a period of one month. Further, the appellant has been sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 2000/- (Rupees Two Thousand) under section 13(2) of PC Act, with the stipulation that in default of pay...
Ravinder Kumar Bathla Vs. Director Vigilance NDMC and Others
Court: Delhi
Decided on: Mar-02-2016
1. The appellant while riding on his scooter bearing registration no.DL-4SY-5917 (the scooter) suffered injuries in an accident that occurred at about 12:10 PM on 18.03.2005 near Safdarjung Flyover particularly at the place the road turns in the direction of Laxmi Bai Nagar towards left in relation to that part of the carriage of the road which moves from Sarojini Nagar towards north. The accident involved collision against ambassador car bearing registration no.DL-2CM-5694 (the car) which belonged to New Delhi Municipal Council (NDMC) and was driven by its employee Nemi Chand Mewara (second respondent herein). 2. The appellant filed a claim petition seeking compensation under Sections 166 and 140 of the Motor Vehicles Act, 1988 (the MV Act) which was registered as suit no.435/2005 by the motor accident claims tribunal (the tribunal). It may be added here that though National Insurance Co. Ltd. was impleaded as third respondent in the claim petition on the plea that the car was insured...
Capri Bathaid Private Limited And Others Vs. Commissioner Of Trade and ...
Court: Delhi
Decided on: Mar-02-2016
Dr. S. Muralidhar, J. 1. These are four writ petitions by the dealers registered under the Delhi Value Added Tax Act, 2004 ( DVAT Act ) raising similar questions concerning the exercise, by the officers under the DVAT Act, of the powers of survey, search, seizure and assessment. They are accordingly being disposed of by this common judgment. 2. In this writ petition filed by Capri Bathaid Private Limited (CBPL), the facts are that a survey was undertaken in the premises of CBPL by the Department of Trade and Taxes ( DTandT ) on 4th September 2014. According to the DTandT a shortage of stock of the value of Rs. 6,79,463 and excess of cash in the sum of Rs. 247 was detected. On 22nd July 2014 CBPL filed its return for the first quarter of 2014 declaring local sales turnover of Rs. 86,66,077. Against the gross output tax liability of Rs. 4,44,728, CBPL claimed input tax credit ( ITC ) of Rs. 5,11,175. CBPL deposited a sum of Rs. 74,500. According to CBPL, the claim of ITC was found matchi...
Maria Assunta Vs. State (NCT OF DELHI)
Court: Delhi
Decided on: Mar-02-2016
1. The present petition has been filed by the petitioner under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.320/2013 dated 26.10.2013 under Section 25/54/59 of the Arms Act, 1959 registered at Police Station IGI Airport, Delhi and the proceedings arising therefrom. 2. The facts as culled out from the record are that on 25.10.2013 at about 2200 hours, the petitioner who is a United States of America resident reported for pre-embarkment security check at the airport. During screening of her hand baggage, one live cartridge was detected. On inquiry, the petitioner admitted the same but failed to produce any legal document to retain the cartridge. The petitioner wasoffloaded and handed over to the police for further action along with the recovered cartridge. The inquiry revealed that the petitioner was travelling to Newark by Flight No.UA-83X. 3. On receipt of the information, the police reached the airport and seized the recovered live cartridge after prepari...
Oriental Insurance Company Ltd. Vs. D.N. Virmani and Others
Court: Delhi
Decided on: Mar-02-2016
Oral: The insurance company (the appellant) was directed by the motor accident claims tribunal (the tribunal), by judgment dated 30.07.2011 in accident claim case registered as 606/2010, to pay compensation in the sum of Rs. 27,68,200/- with interest at the rate of nine percent (9%) per annum from the date of filing of the petition, to the first to third respondents (the claimants) on account of death of Deepanshu Virmani in a motor vehicular accident that had occurred on the night of 23/24.11.2007 involving rash/negligent driving of truck bearing registration no. HR-38E-5632 (the offending vehicle) concededly insured with it against third party risk, for the period in question, after finding had been recorded that the said offending vehicle owned by the firth respondent (the owner) was driven in rash/negligent manner by the fourth respondent (the driver). 2. Though the insurance company filed this appeal on various grounds, at the hearing it is pressed only on the ground that there wa...
State (GNCT) of Delhi Vs. Nand Kishore Jha @ Kishore and Another
Court: Delhi
Decided on: Mar-02-2016
1. Present leave to appeal arises out of a judgment dated 16.02.2015 passed by the Trial Court by which the respondents were acquitted for the offence under Section 302 read with Section 34 of the Indian Penal Code. 2. As per the prosecution, on the intervening night of 10.07.2011 and 11.07.2011 at the ground of Shanti Desai Sports Club, both accused Nand Kishore and Karan along with Manish (Juvenile) in furtherance of their common intention caused the death of Manoj Suman @ Pawwa by beating him with stones. Case was registered on the basis of endorsement made by the I.O. on the DD itself. No eye witness was present at the spot on 11.07.2011. On seeing the photographs of the deceased, Sarfrazuddin, made his statement before the I.O. that he had seen accused persons, giving beatings to the deceased. 3. The prosecution has examined 17 witnesses in all. No evidence was led by the defence. 4. The statement of the accused persons were recorded under Section 313 of the Code of Criminal Proce...
ANZ Grindlays Bank Vs. Deputy Commissioner of Income-tax
Court: Delhi
Decided on: Mar-01-2016
Vibhu Bakhru, J. 1. The present appeal has been filed by Standard Chartered Grindlays Bank Ltd., formerly known as 'ANZ Grindlays Bank Ltd.' (hereafter the 'Assessee') under Section 260A of the Income Tax Act, 1961 (hereafter the 'Act') impugning an order dated 29th August, 2003 passed by the Income Tax Appellate Tribunal (hereafter 'the Tribunal') in ITA No. 1442/Del of 1997. The said appeal, ITA 1442/Del of 1997, was preferred by the Assessee against an order dated 14th January, 1997 passed by the Commissioner of Income Tax (Appeals) [hereafter 'CIT(A)'] in Appeal No.164/96-97 which in turn was preferred by the Assessee against the assessment order dated 25th March, 1994 passed in respect of Assessment Year (AY) 1991-92. 2. The controversy involved in the present appeal relates to the denial of deduction of expenses - by virtue of provision of Section 40(a)(iii) of the Act -for failure on the part of the Assessee to deduct and deposit Tax Deducted at Source (TDS) within the prescribe...
Umesh Rai and Others Vs. State and Another
Court: Delhi
Decided on: Mar-01-2016
1. The present petition under Section 482 Cr.P.C. has been filed by the petitioners, namely, Sh. Umesh Rai, Sh Madhu Sudan Rai, Smt. Lali Devi and Smt. Kiran for quashing of FIR No.736/2004 dated 09.10.2004, under Sections 498A/406/34 IPC registered at Police Station Dabri on the basis of the settlement arrived at between petitioner no.1 and respondent No.2, namely, Smt. Rajni before the Ld. Principal Judge, Family Court, Dwarka, New Delhi on 28.07.2014. 2. Learned Additional Public Prosecutor for respondent-State submitted that the respondent No.2, present in the Court has been identified to be the complainant/first-informant of the FIR in question by her counsel. 3. The factual matrix of the present case is that the marriage between petitioner no.1 and respondent no.2 was solemnized on 19.04.1998 according to Hindu rites and ceremonies. After marriage, the complainant came to know that her husband is jobless and her mother-in-law is the step mother of petitioner no.1. After four mont...
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