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Delhi Court November 2018 Judgments

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Nov 26 2018

M/S Mathur Marketing Pvt. Ltd vs.commissioner of Income Tax Delhi & An ...

Court: Delhi

Decided on: Nov-26-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Reserved on:12. 07.2018 Pronounced on:26. 11.2018 ITA No.90/2004 M/S MATHUR MARKETING PVT. LTD. ..... Appellant Through : Ms. Shashi M. Kapila, Mr. Pravesh Sharma, Mr. Siddarath Kapila and Mr. Sushil Kumar, Advs. versus COMMISSIONER OF INCOME TAX DELHI & ANR. ........ RESPONDENTS Through : Mr. Ruchir Bhatia, Sr. Standing Counsel. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A.K.CHAWLA S. RAVINDRA BHAT, J.1. By this judgment, we propose to dispose of an appeal under Section 260A of the Income Tax Act, 1961 (hereafter the Act). The original order, disposing of the appeal, was of 17 January, 2006. That order was carried in appeal by special leave, to the Supreme Court, which disposed of the petition, in the following terms:"We have heard learned counsel for the parties and perused the impugned order. Vide order dated 10.08.2017, this Court had permitted the appellant to examine as to whether the oral arguments were advanc...


Nov 26 2018

Kumar Aluminium Limited and Ors. Vs.asset Reconstruction Company (Indi ...

Court: Delhi

Decided on: Nov-26-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:26. h November, 2018 W.P.(C) 12507/2018, CM No.48539/2018 KUMAR ALUMINIUM LIMITED AND ORS. Through: Mr. M. Dutta, Adv. with Mr. Arvind Sharma, Adv. ........ Petitioners versus ASSET RECONSTRUCTION COMPANY (INDIA) LTD. ..... Respondent Through: Ms. Usha Singh, Adv. for Respondent. % + CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO V. KAMESWAR RAO, J.(ORAL) CM No.48539/2018 (for exemption) Exemption allowed subject to all just exceptions. Application stands disposed of. W.P.(C) 12507/2018 1. This petition has been filed by the petitioners with the following prayers:-"(a) Set aside the impugned judgment dated 27.09.2018 passed by Learned DRAT in Appeal No.39 of 2013 titled as M/s Kumar Aluminium Ltd. & Ors. v. Asset Reconstruction Company (India) Ltd. & Anr. thereby directing the DRAT / Registrar DRAT to release the pre-deposit amount to the extent of 75% W.P.(C) No.12507/2018 Page 1 of 4 with accrued interes...


Nov 26 2018

Khushiram vs.govt. Of Nct of Delhi & Ors.

Court: Delhi

Decided on: Nov-26-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:30. h October 2018 Decided on:26. h November 2018 + W.P. (C) 7964/2016 & CMs 33043/2016 and 13530/2018 VIMAL JAIN .....Petitioner Through: Mr. Ravinder Sethi, Sr. Advocate and Mr. Sandeep Srivastava, Advocate. GOVT. OF NCT OF DELHI & ORS. ....Respondents versus Through: Mr Ankur Chibber and Mr Bhanu Gupta, Advocates. + W.P. (C) 6461/2000 & CMs 45667/2016 and 13529/2018 KHUSHIRAM .....Petitioner Through: Mr. Ravinder Sethi, Sr. Advocate and Mr. Sandeep Srivastava, Advocate. GOVT. OF NCT OF DELHI & ORS. ....Respondents versus Through: Mr. Sanjay Poddar, Senior Advocate with Mr. Yeeshu Jain, Standing Counsel and Ms. Jyoti Tyagi, Advocate for L&B/LAC. Mr. Advocate for DUSIB. Parvinder Chauhan, W.P. (C) 7964/2016 & W.P. (C) 6461/2000 Page 1 of 28 CORAM: JUSTICE S. MURALIDHAR JUSTICE SANJEEV NARULA JUDGMENT Dr. S. Muralidhar, J.:1. There is a long history to these cases which concerns the acquisition proceedings pertaining to the land ...


Nov 26 2018

Sandeep Kumar vs.state

Court: Delhi

Decided on: Nov-26-2018

$~29 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:-"26th November, 2018 + CRL.M.C. 5918/2018 & Crl.M.A. 47943-44/2018 SANDEEP KUMAR ........ Petitioner STATE Through: Mr. Amitesh Chandra Mishra & Mr. Niteen Kr. Sinha, Advs. versus ..... Respondent Through: Mr. Sanjeev Sabharwal, APP for the State with SI Birender Singh, PS Dwarka North. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The petitioner stood summoned by the Metropolitan Magistrate, by order dated 02.08.2018, whereby cognizance was taken of the offence under Section 188, Indian Penal Code, 1860 (IPC) on the basis of report under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C) which was submitted on that date, upon conclusion of investigation into first information report (FIR) No.214/2018 of police station Dwarka North which had been registered on 18.07.2018, at the instance of Head Constable Ravi Prakash, after his visit to the business premises shop No.G-1 &2, plot no.2, Sector 12, Dwarka, Delhi ...


Nov 26 2018

Ronak vs.the State (n.c.t. Of Delhi)

Court: Delhi

Decided on: Nov-26-2018

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:26. 11.2018 BAIL APPLN. 1829/2018 RONAK versus THE STATE (N.C.T. OF DELHI) ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner : For the Respondent: Mr.Rajiv Sirohi, Adv. Mr. Hirein Sharma, APP for the State with Insp.Surender Singh, DIU CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT2611.2018 SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner seeks anticipatory bail under Section 3IPC Police Station: Mukherjee Nagar (Now transferred to Police Station: DIU Cell).2. The allegations in the FIR are that the earlier tenant of the property along with co-accused including the petitioner had come in the property and misbehaved with the sister of the landlord and her mother. Consequent to which, they sustained injuries.3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated. He, inter alia, contends that the petitioner was not even present in t...


Nov 26 2018

National Scheduled Castes Finance and Development Corporation vs.dr S ...

Court: Delhi

Decided on: Nov-26-2018

$~8 to 10 IN THE HIGH COURT OF DELHI AT NEW DELHI LPA4392017 & CM APPLs. 23017-18/2017 * + NATIONAL SCHEDULED TRIBES FINANCE AND DEVELOPMENT CORPORATION ..... Appellant SS NAYAGAM Through: Ms.Pinky Anand, ASG with Mr.Rakesh Sinha, Mr. Jeemon & Mr. K.S.Savdamini Sharma, Advocates. versus ..... Respondent Through: Mr.Sahil Mallick with Mr.Bikram Singh, Advocates. + NATIONAL SCHEDULED CASTES FINANCE AND DEVELOPMENT ..... Appellant CORPORATION LPA4442017 & CM APPL.23477/2017 Through: Ms.Pinky Anand, ASG with Mr. Rakesh Sinha, Mr.Jeemon & Mr. K.S.Savdamini Sharma, Advocates. NAND KISHORE versus ..... Respondent Through: Mr.Sahil Mallick with Mr.Bikram Singh, Advocates. + LPA4452017 & CM APPL. 234NATIONAL SCHEDULED CASTES FINANCE AND DEVELOPMENT CORPORATION ..... Appellant Through: Ms.Pinky Anand, ASG with Mr. Rakesh Sinha, Mr. Jeemon & Mr. K.S.Savdamini Sharma,Advocates. LPA4392017 & connected matters Page 1 of 9 versus DR S P RAM & ANR. CORAM: JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA Th...


Nov 26 2018

Anil Kumar vs.executive Directors, Tauras Shopping Arcade & Ors

Court: Delhi

Decided on: Nov-26-2018

+ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:26. h November, 2018 % LPA6492018, CM No.48564/2018 ANIL KUMAR Through: Mr. J.R. Rana, Mr. Gaurav Sehrawat ..... Appellant versus and Mr. Abhinav, Advs. EXECUTIVE DIRECTORS, TAURAS SHOPPING ARCADE & ORS ........ RESPONDENTS CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO Through: V. KAMESWAR RAO, J.(ORAL) CM No.48564/2018 (for delay) This is an application filed by the appellant seeking condonation of 11 days delay in filing the present appeal. For the reasons stated in the application, the delay of 11 days in filing the appeal is condoned. Application stands disposed of. LPA6492018 1. The present Intra Court appeal has been filed by the appellant challenging the order dated September 18, 2018 passed by the learned Single Judge in W.P. (C) 7338/2016, whereby the learned Single Judge has dismissed the petition filed by the appellant herein. LPA6492018 Page 1 of 4 2. The facts as noted from the record are t...


Nov 26 2018

Manoj Kumar & Anr. Vs.state & Anr.

Court: Delhi

Decided on: Nov-26-2018

$~8 + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:-"26th November, 2018 CRL. M.C. 1851/2015 MANOJ KUMAR & ANR. ........ Petitioners Through: Mr. Abhishek Pratap Singh, versus Adv. STATE & ANR. ........ RESPONDENTS Through: Mr. Amit Ahlawat, APP for the State. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. Anurag Gupta, the younger brother of the second petitioner Leena Gupta, was married to the second respondent Swati Mishra (complainant) on 13.12.2011 at Ghaziabad, Uttar Pradesh according to Hindu Rites and Ceremonies. The first petitioner Manoj Kumar is the husband of the second petitioner and, therefore, brother-in-law (Nandoi) to Swati Mishra. On the complaint of Swati Mishra, the police had registered first information report (FIR) No.6/2015 on 04.02.2015 involving offences punishable under Sections 406/498A/34 of Indian Penal Code, 1860 (IPC) with police station, Crime against Women Cell.2. The petitioners by the present petition invoking Section 482 of the Code of C...


Nov 26 2018

Commissioner of Customs (Export) vs. Kothari Foods & Fragrance Pvt. Lt ...

Court: Delhi

Decided on: Nov-26-2018

$~ 10 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on :26. 11.2018 + CUSAA1472018 & CM APPL. 23960/2018 COMMISSIONER OF CUSTOMS (EXPORT) ........ Petitioner Through: Mr. Amit Bansal, Senior KOTHARI FOODS & FRAGRANCE PVT. LTD...... Respondent Standing Counsel. versus Through: Mr. Pankaj Bhati, Mr. Amit Awasthi, Mr. Dhruv Surana and Mr. Choudhary, Advocates. Ashish CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HONBLE MR. JUSTICE PRATEEK JALAN MR. PRATEEK JALAN, J (OPEN COURT) % 1. This appeal filed by the Revenue, under Section 130 of Customs Act 1962 (hereafter, the Act), is directed against an order dated 01.09.2017 passed by the Customs Excise and Service Tax Appellate Tribunal (hereafter, "the Tribunal") in Appeal No.C/53217/2015. By the impugned order, the Tribunal allowed the Respondent/ Assessees appeal against an order dated 04.06.2015 passed by the Commissioner of Customs (Exports), New Delhi and set aside the redemption fine and penalty imposed.2. The present appeal was admitt...


Nov 26 2018

Sandeep Gupta vs.state (Nct of Delhi) & Anr.

Court: Delhi

Decided on: Nov-26-2018

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P.1022/2018 SANDEEP GUPTA ........ Petitioner Through: Mr.Rajbir Bansal, Advocate. Versus STATE (NCT OF DELHI) & ANR. ........ RESPONDENTS Through: Mr. Hirein Sharma, APP for the State. Mr.Sita Ram Khandelwal, Authorised representative CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA % ORDER2611.2018 Crl.M.A.47988/2018 (exemption) Exemption is allowed subject to all just exceptions. CRL.REV.P.1022/2018 & CRL.M.B.1817/2018 1. Issue notice. Notice is accepted by learned APP for the State and Mr. Sita Ram Khandelwal, Authorised representative.2.... Petitioner impugns judgment dated 01.11.2018, whereby, the Appellate Court has rejected the appeal of the petitioner impugning order on conviction dated 06.08.2018 and order on sentence dated 30.08.2018 whereby petitioner has been held guilty of an offence CRL.REV.P.1022/2018 Page 1 of 3 under Section 138 of the Negotiable Instruments Act. Subject cheque is of Rs.1,17,000/-.3.... Petitioner was...


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