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Delhi Court November 2017 Judgments

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Nov 27 2017

Principal Commissioner of Income Tax (Central)-1 vs.vijay Pal Garg

Court: Delhi

Decided on: Nov-27-2017

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:27. 11.2017 ITA10442017 PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL)-1 ..... Appellant Through: Mr. Sanjay Kumar, Jr. Standing Counsel with Mr. Rahul Chaudhary, Sr. Standing Counsel for appellant. versus VIJAY PAL GARG ..... Respondent Through: Dr. Shashwat Bajpai with Mr. Sharad Agarwal, Advs. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SANJEEV SACHDEVA S. RAVINDRA BHAT, J.(ORAL) 1. The appellant has filed this appeal under Section 260A of the Income Tax Act, 1961 (hereafter referred to as the Act). The question for consideration of the Income Tax Appellate Tribunal (ITAT) was that a sum of `8,67,87,925/- was added in the course of search assessment conducted in the case of M/s Gee Ispat Group of companies. The search of those companies took place on 07.01.2010 for A.Y. 2010-11, was completed under Section 143(3) of the Act and substantial additions were made. ITA No.1044/2017 Page 1 2. The assessee ...


Nov 27 2017

Prem Raj vs.govt of Nct of Delhi & Ors.

Court: Delhi

Decided on: Nov-27-2017

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment:27. h November, 2017 + W.P. (C.) No.4726/2017 PREM RAJ Through Mr. Lalit Kumar Rawal and Mr. Sunil ........ Petitioner versus K. Goel, Advocates GOVT OF NCT OF DELHI & ORS. ........ RESPONDENTS Through Ms. Jyoti Tyagi, Advocate for Mr. Yeeshu Jain, Standing Counsel for L&B/LAC. Mr. Sanjeev Sabharwal, Standing Counsel with Mr. Hem Kumar, Advocate for DDA. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE VINOD GOEL G.S.SISTANI, J.(ORAL) 1. Counter affidavits have been filed by the LAC and DDA.2. With the consent of the parties, the writ petition is set down for final hearing and disposal.3. The present petition has been filed under Article 226 of the Constitution of India by the petitioner. The petitioner seeks a declaration that the acquisition proceedings with respect to the land of the petitioner comprised in Khasra no.241/2(02-10) 56 (06-00) having 1/4th share, situated in the revenue estate of village Ghonda ...


Nov 27 2017

Delhi Transport Corporation & Anr vs.sonu Kumar

Court: Delhi

Decided on: Nov-27-2017

$~5. * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10139/2017 & CM APPL. 41404-07/2017 1. DELHI TRANSPORT CORPORATION & ANR ........ Petitioners Through: Ms. Aditi Gupta, Advocate with Mr.Kanwal Jit Singh, Depot Manager. versus SONU KUMAR Through: Mr.Sachin Chauhan, Advocate. ..... Respondent CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE REKHA PALLI % This order is in continuation of the order dated 16.11.2017, on which ORDER2711.2017 date, noting that the petitioners/DTC have assailed an interim order dated 01.09.2017, passed by the learned Central Administrative Tribunal where the respondent herein has challenged the charge-sheet dated 27.03.2017, issued against him on the allegation that his driving license is not genuine, the learned Tribunal has directed the petitioners/DTC to pay the respondent, his salary as per his entitlement, which had remained unpaid since 20.03.2017.2. We had enquired from learned counsel for the petitioners/DTC as to whether any departmen...


Nov 27 2017

M/S. Kadak Family Tea Pvt. Ltd. Vs.union of India and Ors.

Court: Delhi

Decided on: Nov-27-2017

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:27. 11.2017 + W.P.(C) 8420/2017 M/S. KADAK FAMILY TEA PVT. LTD. ........ Petitioner Through : Mr S.D.Singh and Mr Rahul Kumar Singh, Advocates. versus UNION OF INDIA AND ORS. ........ RESPONDENTS Through : Mr Anurag Ahluwalia, Mr Sumit Rajput and Mr Abhishek Talwar, Advocates for R-1 to 4. CORAM:-"HON'BLE MR. JUSTICE S. RAVINDRA BHAT HONBLE MR. JUSTICE SANJEEV SACHDEVA S. RAVINDRA BHAT, J.(OPEN COURT) W.P.(C) 8420/2017 & CM No.34681/2017(stay) 1. This Court had , while issuing notice on 20.09.2017, issued the following directions:-"..........The petitioners grievance in this case is that the respondents have not adhered to the provisions of The Micro, Small and Medium Enterprises Development Act, 2006 as well as policy framed under it, particularly Paragraphs No.3, 6 & 11. It is contended that the tender/NIT issued for procurement of 2179 metric tons (MT) of tea, has been so designed as to exclude the participation ...


Nov 27 2017

Pritam Singh & Anr. Vs.shriram General Insurance Co. Ltd. & Ors.

Court: Delhi

Decided on: Nov-27-2017

$~R-570-571 (common order) IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:27. h November, 2017 + MAC.APP. 892/2012 SHRIRAM GENERAL INSURANCE CO. LTD...... Appellant Through: Mr. Priyadarsi Acharya, Advocate Versus PRITAM SINGH & ORS. ........ RESPONDENTS Through: Mr. Anshuman Bal, Advocate for R-1 & R-2. + MAC.APP. 882/2016 PRITAM SINGH & ANR. ..... Appellants Through: Mr. Anshuman Bal, Advocate Versus SHRIRAM GENERAL INSURANCE CO. LTD. & ORS. ......... RESPONDENTS Through: Mr. Priyadarsi Acharya, Advocate CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. By judgment dated 27.02.2012, the motor accident claims Tribunal (tribunal) decided accident claim case (Suit No.511/11) which had been instituted on 02.09.2009 by the parents of deceased Vijender Singh (appellants in MAC APP.882/2016), they being first & MAC App. No.892/2012 etc. Page 1 of 4 second respondents in MAC APP.892/2012 (collectively, the claimants), the death having occurred in a motor vehicular accident that had...


Nov 27 2017

Principal Commissioner of Income Tax (Central)-1 vs.manoj Hora

Court: Delhi

Decided on: Nov-27-2017

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:27. 11.2017 ITA10452017 & CM No.42537/2017 PRINCIPAL CORNMISSIONER OF INCOME TAX (CENTRAL)-1 ..... Appellant versus MANOJ HORA ..... Respondent And connected matters: + + + ITA10462017 & CM No.42538/2017 ITA10472017 & CM No.42539/2017 ITA10482017 Present: Mr. Sanjay Kumar, Jr. Standing Counsel with Mr. Rahul Chaudhary, Sr. Standing Counsel for appellant. Dr. Shashwat Bajpai with Mr. Sharad Agarwal, Advs. for respondent. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SANJEEV SACHDEVA S. RAVINDRA BHAT, J.(ORAL) The appeals are dismissed. For detailed judgment, the decision in ITA No.1045/2017 dated 27.11.2017 may be referred to. S. RAVINDRA BHAT, J NOVEMBER27 2017/kks SANJEEV SACHDEVA, J...


Nov 27 2017

M/S Dewan Chand & Ors vs.unique Collections Pvt Ltd.

Court: Delhi

Decided on: Nov-27-2017

$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Pronounced on :27. 11.2017 RFA1302014 M/S DEWAN CHAND & ORS ..... Appellants/Defendants Through: Mr. T.P.S. Kang, Advocate. versus UNIQUE COLLECTIONS PVT LTD. ..... Respondent/Plaintiff Through: Mr. Shalabh Gupta and Mr. Madhur Arora, Advocates. CORAM: HON'BLE MR. JUSTICE VINOD GOEL VINOD GOEL, J.1. The appellant has challenged the judgment dated 01.10.2013 in Suit No.4adjudicated ex-parte against them passed by the court of learned ADJ-01, South District, Saket Courts, New Delhi. The Trial Court had decreed suit of the Respondent for recovery of the amount of Rs.7,99,912.85 along with pendente lite and future interest @10% per annum.2. The respondent had filed the suit for recovery in the Trial Court alleging that on the request of appellant, they had supplied them wood of different kinds as they were engaged in the business of construction and the appellants promised to pay the consideration amount through cheques on the deliv...


Nov 27 2017

Asha & Ors. Vs.kapoor Singh & Ors.

Court: Delhi

Decided on: Nov-27-2017

$~R-574 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC APPEAL9092012 Decided on:27. h November, 2017 ASHA & ORS. Through: Mr. Navneet Goyal and Ms. ..... Appellants versus Kavita Tyagi, Advocates KAPOOR SINGH & ORS. ........ RESPONDENTS Through: Mr. Arun Yadav, Adv. for R-3 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. On accident claim case (MACT case no.317/2011) of the appellants registered on 20.08.2011, the Motor Accident Claims Tribunal (Tribunal), by judgment dated 02.05.2012, awarded total compensation in the sum of Rs.9,26,096/-, it inclusive of Rs.8,76,096/- for loss of dependency, Rs.25,000/- for loss of love and affection, Rs.10,000/- each for loss of consortium and loss to estate and Rs.5,000/- as funeral expenses on account of death of Yogender Saini in a motor vehicular accident that occurred on 06.07.2011 due to negligent driving of a motor vehicle bearing registration no.DL-1GB- 6923 admittedly insured against third party risk with the third respondent for t...


Nov 27 2017

Savitur Prasad vs.union of India & Ors

Court: Delhi

Decided on: Nov-27-2017

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Decided on:27. 11.2017 + LPA7552017 and CM APPL.43185-43186/2017 SAVITUR PRASAD ........ Petitioner Through: Mr Mohit Chaudhary, Mr Rishabh Jain and Ms Garima Sharma, Advs. versus UNION OF INDIA & ORS ........ RESPONDENTS Through: Mr Sanjeev Narula, CGSC and Ms A. Chandra and Mr Abhishek Ghai, Advs. for UOI CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MS. JUSTICE DEEPA SHARMA SIDDHARTH MRIDUL, J.(OPEN COURT) 1. The present appeal assails the order dated 23.11.2017, whereby, Writ Petition (C) No.10404/2017 titled as Shri Savitur Prasad vs. Union of India; under Article 226 of the Constitution, instituted by the appellant, came to be dismissed by a learned Single Judge of this Court with a finding that the subject matter thereof came squarely within the jurisdiction of the Central Administrative Tribunal.2. Mr Chaudhary, learned counsel appearing on behalf of the appellant, has invited our attention to an order dated 21.11.2017; pur...


Nov 27 2017

The New India Assurance Company Ltd. Vs.suman Lata & Ors.

Court: Delhi

Decided on: Nov-27-2017

SUMAN LATA & ORS. Through: None + MAC APPEAL10012012 SUMAN LATA & ORS. Through: None versus ........ RESPONDENTS ..... Appellants $~R-575 & 602 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:27. h November, 2017 + MAC APPEAL9182012 and CM145852012 and 3551/2014 THE NEW INDIA ASSURANCE COMPANY LTD. Through: Mr. Pankaj Seth, Advocate versus . ..Appellant THE NEW INDIA ASSURANCE COMPANY LTD. & ORS. Through: Mr. Pankaj Seth, Advocate for ........ RESPONDENTS R-1 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Vinod Kumar, then aged 49 years, employed in a private service, suffered injuries in a motor vehicular accident that had occurred on 16.09.2011, due to negligent driving of truck bearing registration no.HR-74-7756 admittedly insured against third party risk MAC Appeal No.918/2012 & 1001/2012 Page 1 of 4 with New India Assurance Company Ltd. (insurer) for the period in question and died in the consequence. His wife and three other members of the family dependent on him (c...


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