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Delhi Court January 2018 Judgments

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Jan 29 2018

Shri Murari Lal vs.smt. Suman Lata & Ors.

Court: Delhi

Decided on: Jan-29-2018

$~54 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:-"29th January, 2018 CM (M) 114/2018 and CM APPL.3420-3422/2018 SHRI MURARI LAL ........ Petitioner Through: Mr. Mukesh M. Goel, Advocate versus + SMT. SUMAN LATA & ORS. Through: ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The petitioner is the plaintiff of the civil suit (CS No.58832/16) instituted by him on 17.08.2016, seeking decree of possession, damages and permanent injunction in respect of subject property described as Flat No.211, first floor, DDA Flats (SFS), Category-II, Munirka Vihar, New JNU, New Delhi, he having impleaded the first to fourth respondents as the defendants.2. The petitioner (the plaintiff) states that the defendants are the legal heirs of Makhan Lal, who was his real brother, they being in unauthorized possession of the subject property. The fifth respondent had moved an application under Order 1 Rule 10 of the Code of Civil Procedure, 1908 (CPC) seeking impleadment as a pa...


Jan 29 2018

Islam Uddin vs.cambridge Sr School & Ors

Court: Delhi

Decided on: Jan-29-2018

$~2 * % + LPA242018, C.M. No.2166/2018 (stay) IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:29. 01.2018 ISLAM UDDIN ..... Appellant Through: Ms. Indrani Ghosh, Advocate. versus CAMBRIDGE SR SCHOOL & ORS ........ RESPONDENTS Through: Mrs. Avnish Ahlawat, Standing Counsel along with Mr. N.K. Singla, Advocate for respondent Nos. 3 &4. CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MS. JUSTICE DEEPA SHARMA SIDDHARTH MRIDUL, J.(ORAL) C.M. No.2167/2018 (exemption) Allowed, subject to just exceptions. The application is disposed off. LPA242018 & C.M. No.2166/2018 (stay) 1. The present appeal under Clause 10 of the Letters Patent Appeal assails an order dated 21.12.2017, passed by a learned Single Judge of this Court in Writ Petition No.9011/2017 titled as Cambridge Sr. School & Ors. vs. Islam Uddin, whereby, an order dated 12.09.2017 of the Delhi School Tribunal (hereinafter referred to LPA242018 Page 1 as the Tribunal) reinstating the appellant and awarding him full salary from the...


Jan 29 2018

Prateek vs.state

Court: Delhi

Decided on: Jan-29-2018

$~ * + STATE + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A.434/2000 Reserved on: January 5, 2018 Decided on: January 29, 2018 DILBAGH SINGH & ANR. ..... Appellants Through: Mr. Mohit Mathur, Senior Advocate with Mr.Vikas Walia, Mr.Sumit Misra, Advocates. Versus Through: Ms. Radhika Kolluru, APP. ..... Respondent CRL.A.463/2000 PRATEEK Through: Mr. Mohd. Shahrukh Hussain, ..... Appellant STATE Advocate Versus Through: Ms.Radhika Kolluru, APP. ..... Respondent CORAM: JUSTICE S.MURALIDHAR JUSTICE I.S. MEHTA % Dr. S. Muralidhar, J.: JUDGMENT1 These appeals are directed against the impugned judgment dated 7th July 2000 passed by the learned Additional Sessions Judge (ASJ), Delhi in Crl.A. 434/2000 & Crl.A. 463/2000 Page 1 of 28 Sessions Case No.103 of 1998 arising out of FIR No.71 of 1998 registered at Police Station (PS) Nangloi convicting the Appellants for the offences under Section 302 read with Section 34 of Indian Penal Code (IPC) and the order on sentence dated 8th July 2000 of the...


Jan 29 2018

State ( Govt of Nct of Delhi) vs.vijay Singh & Anr

Court: Delhi

Decided on: Jan-29-2018

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + DECIDED ON : JANUARY29 2018 CRL.L.P. 24/2015 STATE ( GOVT OF NCT OF DELHI) ........ Petitioner Through : Mr.Tarang Srivastava, APP. versus VIJAY SINGH & ANR ........ RESPONDENTS Through : None. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.(ORAL) 1. Present petition seeking leave to file appeal has been preferred by the State.2. I have heard the learned Additional Public Prosecutor for the State and have examined the Trial Court record.3. The respondents were charge-sheeted in case FIR No.43/2012 under Sections 379/3IPC registered at Police Station Alipur. The FIR was lodged on the complaint of the complainant Krishan @ Mukesh for the theft of Truck No.HR-37A-1899. He and his brother Kaptan Singh were the driver and conductor respectively on the truck. It was informed that on 03.02.2012 the truck was loaded from Zirakhpur with 753 boxes of company goods including toothpaste, Dabur honey Crl.L.P.24/2015 Page 1 of 3 and odonil etc. and i...


Jan 29 2018

Pr. Commissioner of Income Tax-11 vs.satya Sheel Khosla

Court: Delhi

Decided on: Jan-29-2018

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:29. 01.2018 ITA2892016 PR. COMMISSIONER OF INCOME TAX-11 ..... Appellant Through: Mr. Rahul Chaudhary, Sr. Standing Counsel for Income Tax Department. versus SATYA SHEEL KHOSLA ..... Respondent Through: Mr. C.S. Aggarwal, Sr. Adv. with Ms. Mohna M. Lal, Mr. Madhur Aggarwal & Mr. Uma Shankar, Advs. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A. K. CHAWLA S. RAVINDRA BHAT, J.(ORAL) 1. The sole question of law urged by the Revenue in its appeal under Section 260A of the Income Tax Act, 1961 (hereafter referred to as the Act) was whether the amount of `1,32,00,000/- per annum received by the assessee/respondent for two years was more of a revenue character and was therefore taxable by virtue of Section 17(3) or under Section 28(va) of the Act.2. The facts are that the assessee was promoter and Director of Integra Overseas Pvt. Ltd. (hereafter referred to as Integra) established to manufacture two-wheelers i...


Jan 29 2018

Jainab vs.jalaluddin

Court: Delhi

Decided on: Jan-29-2018

$~16 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:29. h January, 2018 RFA4342016 & CM APPL. 24223/2016 (Stay) JAINAB Through: Mr. Prakash Priyadarshi, Advocate. ..... Appellant (9810019309) versus Through: Mr. Sanjay Sharma, Advocate. ..... Respondent JALALUDDIN CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(Oral) 1. The present appeal arises out of the impugned judgement and decree dated 9th February, 2016 in the suit filed by the Respondent/Plaintiff (hereinafter Plaintiff) seeking specific performance. The Trial Court by the impugned order had decreed the suit for specific performance. The Trial Court had also directed the Plaintiff to pay the balance sale consideration of Rs.3,75,000/- within 3 months and upon receipt of the consideration amount, the Defendant was directed to transfer the possession of the suit property to the Plaintiff.2. The Agreement to Sell is dated 31st December, 2010. As per the said Agreement, the suit property bearing No.A-1112, Gali...


Jan 29 2018

Harish Chand vs.govt of Nct of Delhi and Ors.

Court: Delhi

Decided on: Jan-29-2018

$~41 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:29. h January, 2018 ........ Petitioner Through: Mr. Shitiz Agnihotri, Advocate. HARISH CHAND + W.P.(C) 10209/2016 versus GOVT OF NCT OF DELHI AND ORS. ........ RESPONDENTS Through: Mr. Siddharth Panda, Advocate for LAC/L&B. Mr. Pawan Mathur, Advocate for DDA. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANI, J.(ORAL) W. P. (C) 10209/2016 1. This is a petition under Article 226 of the Constitution of India filed by the petitioner.2. The petitioner seeks a declaration that the acquisition proceedings with respect of the land of petitioner i.e. 02 Bighas and 03 Biswas comprised in Old Khasra No.1256 [New Khasra No.630]. (2-03), situated in the revenue estate of Village Mehrauli, New Delhi (hereinafter referred to as Subject Land) are deemed to have lapsed in view of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettle...


Jan 29 2018

Unilin Beheer b.v. Vs.balaji Action Buildwell

Court: Delhi

Decided on: Jan-29-2018

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. h January, 2018. CS(COMM) 1683/2016 UNILIN BEHEER B.V. ..... Plaintiff Through: Mr. Pravin Anand, Mr. Dhruv Anand, Ms. Udita Patro and Mr. Shamim Nooreyezdan, Advs. Versus BALAJI ACTION BUILDWELL ..... Defendant Through: Mr. Hari Subramaniam and Mr. Sanuj Das, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW IA No.15331/2017 (of defendant u/S151CPC) 1. On 20th December, 2017, the following order was made: 1. The defendant / applicant seeks stay of proceedings in this suit for infringement of patent and for ancillary reliefs, contending that the term of the patent has expired and the defendant / applicant, prior to institution of this suit, had approached the Intellectual Property Appellate Board (IPAB) under Section 64 of the Patents Act, 1970 for revocation of the patent. The counsel for the plaintiff appears on advance 2. notice.3. I have enquired from the counsel for the defendant / applicant, whether there is any...


Jan 29 2018

M/S Rosenbauer International Ag and Anr. Vs.union of India and Ors.

Court: Delhi

Decided on: Jan-29-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:29. 01.2018 + W.P.(C) 825/2018 & CM APPL. 3517-3518/2018 M/S ROSENBAUER INTERNATIONAL AG AND ANR. ........ Petitioners Through: Mr. Ajay Verma & Ms. Diviani Khanna, Advs. versus UNION OF INDIA AND ORS. ........ RESPONDENTS Through: Mr. Ravi Prakash, CGSC with Mr. Farman Ali & Mr. Nitish Gupta, Advs. for R-1/UOI. Mr. Rajiv Nayar, Sr. Adv. with Mr. Digvijay Rai, Mr. Rahul P. Dave, Ms. Niti Dixit, Mr. Amit Dhingra, Mr. Abhishek Tewari, Ms. Raunaq B. Mathur, Mr. Sumit Chopra, Mr. Shivam Raheja, Mr. Mohit Negi, Ms. Zahra Aziz & Mr. Suryaveer Berry, Advs. for R-2/AAI. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A. K. CHAWLA S. RAVINDRA BHAT, J.(ORAL) 1. Issue notice.2. Mr. Ravi Prakash, learned Standing Counsel for the Central Government and Mr. Digvijay Rai, learned counsel accept notice for the Union of India and Airports Authority of India respectively.3. It was agreed by the counsel present that the petitio...


Jan 29 2018

Commissioner of Gift Tax vs.m/s Jindal Equipment Leasing

Court: Delhi

Decided on: Jan-29-2018

$~28, 29 & 32 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. 01.2018 + GTA12005 COMMISSIONER OF GIFT TAX versus M/S JINDAL EQUIPMENT LEASING GTA22006 COMMISSIONER OF GIFT TAX versus M/S STAINLESS INVESTMENTS LTD. GTA32007 COMMISSIONER OF INCOME TAX DEL versus ..... Appellant ..... Respondent .....Appellant ..... Respondent ..... Appellant MANSAROVER INVESTMENT LTD. ..... Respondent Present: Mr. Deepak Anand, Jr. Standing counsel for appellant. Mr. Ajay Vohra, Senior Advocate with Ms. Kavita Jha and Mr. Vaibhav Kulkarni, Advocates for respondents. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A.K. CHAWLA HON'BLE MR. JUSTICE S. RAVINDRA BHAT (ORAL) % The sole question for consideration in these appeals formulated on 18.11.2005, is as follows: Whether the ITAT was correct in law in quashing the assessment framed by the Assessing Officer under Section 16 (1) of the Gift Tax Act on the ground that condition precedent for reassessment of the proceedings unde...


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