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Delhi Court January 2019 Judgments

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Jan 17 2019 (HC)

Mallcom (India) Limited & Anr vs.rakesh Kumar & Ors

Court: Delhi

$~1 * + IN THE HIGH COURT OF DELHI AT NEW DELHI CS(COMM) 480/2016 & IAs No.5571/2016 (u/O XXXIX R-1&2 CPC), 12236/2017 (of D-4&5 u/O XXXIX R-4 CPC r/w S-151 CPC), 12890/2018 (of D-4&5 u/O XI R-10 CPC) & 12370/2018 (u/S151CPC) MALLCOM (INDIA) LIMITED & ANR ..... Plaintiffs Through: Mr. Saurabh Banerjee, Ms. Suhrita Majumdar and Mr. Afzal B. Khan, Advs. Versus CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW RAKESH KUMAR & ORS Through: Mr. D.K. Yadav, Adv. ..... Defendants % CS(COMM) No.480/2016. ORDER1701.2019 1. The counsel for the plaintiffs states that though this case is ripe for framing of issues but the plaintiffs seek a summary judgment against the defendants.2. On enquiry, whether any application under Order XIII-A of the Code of Civil Procedure, 1908 (CPC) has been filed in this respect, the answer is in the negative.3. However, the counsel for the plaintiffs refers to the amendment vide Notification dated 16th October, 2018 with effect from 1st November, 2018 to the Delhi High Co...

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Jan 17 2019 (HC)

Defence Services Officers Institute vs.ajit Singh

Court: Delhi

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:17. h January, 2018 DEFENCE SERVICES OFFICERS INSTITUTE ........ Petitioner Through: Mr.Santosh Kumar Pandey, Adv. + W.P.(C) 820/2013 AJIT SINGH versus ..... Respondent Through: Mr.Deepak Kumar & Mr.Sangam Singh Kochar, Advs. CORAM: HON'BLE MS. JUSTICE REKHA PALLI REKHA PALLI, J (ORAL) C.M. No.17095/2017 (u/S17 of the ID Act) 1. This is an application filed by the respondent/workman seeking payment of the last drawn wages/minimum wages in accordance with Section 17B of the Industrial Disputes Act (hereinafter referred to as Act).2. Learned counsel for the respondent/applicant states that the respondent who had joined the services of the petitioner on 08.08.1985, was terminated vide order dated 23.07.2004 passed by the petitioner. The aforesaid order of termination was found to be arbitrary and was, accordingly, set aside by the learned Labour Court under the Award dated 05.10.2012, by holding that the respondents terminatio...

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Jan 17 2019 (HC)

Commissioner of Income Tax vs.bhanot Construction & Housing Limited

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + INCOME TAX APPEAL No.603/2018 Reserved on :28. h August, 2018 Date of decision:17. h January, 2019 COMMISSIONER OF INCOME TAX ..... Appellant Through Mr. Ashok K. Manchanda, Sr. Standing Counsel. versus BHANOT CONSTRUCTION & HOUSING LIMITED.. Respondent Through Nemo. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR SANJIV KHANNA, J.: Present appeal by the Revenue under Section 260A of the Income Tax Act, 1961 (Act, for short) assails the order dated 16th November, 2017 passed by the Income Tax Appellate Tribunal (Tribunal, for short) in the case of Bhanot Construction and Housing Limited (respondent-assessee, for short).2. The appeal relates to Assessment Year 2011-12. During the year, respondent-assessee was engaged in business of civil construction, real estate, sale-purchase and infrastructure development. The issue raised pertains to disallowance under Section 40(a)(ia) of the Act for failure to deposit tax ded...

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Jan 17 2019 (HC)

Engineering Projects (India) Ltd. Vs.guru Gobind Singh Indraprastha Un ...

Court: Delhi

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:17. 1.2019 + O.M.P.(MISC.)(COMM.) 24/2019 ENGINEERING PROJECTS (INDIA) LTD. ........ Petitioner Through: Ms. Manmeet Arora with Mr. Apoorv P. Tripathi and Ms. Samapika Biswal, Advs. versus Through: Ms. Anita Sahani, Adv. GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J.(ORAL) I.A. No.652/2019 ..... Respondent 1. Allowed, subject to just exceptions. O.M.P.(MISC.)(COMM.) 24/2019 2. Issue notice.3. Ms. Sahani accepts notice on behalf of the respondent. Learned counsel for the respondent says that she does not wish to file a reply to the petition.4. The prayer made in this petition is for extension of time in respect of arbitration proceedings. The record shows that the Arbitrator was appointed by this Court vide order dated 30.5.2017 passed in Arb. P. No.317/2017. The record further shows that the arbitration proceedings commenced only on 4.5.2018. O.M.P.(MISC.)(COMM.) 24/2...

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Jan 17 2019 (HC)

Anil Verma vs.ashok Kumar

Court: Delhi

$~33 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order:17. 01.2019 FAO5702018 ANIL VERMA ..... Appellant Through: Mr.Akshay Chandra, Advocate with Mr.Aditya Chandra, Advocate. Versus ASHOK KUMAR Through: None. ..... Respondent CORAM: HON'BLE MR. JUSTICE VINOD GOEL % ORDER1701.2019 CM No.43492/2018 (for exemption) 1. Allowed, subject to all just exceptions. FAO5702018 & CM No.43490/2018 (for stay) & CM No.43491/2018 (for appointment of Local Commissioners) 2. The impugned order dated 17.11.2018 passed by the Court of learned Additional District Judge-05, South-East District, Saket Courts, New Delhi (ADJ) in Civil Suit/TM No.166/18, declining the ex-parte ad-interim injunction on application of the appellant under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (CPC) and appointment of Local Commissioner, is the subject matter of challenge in this appeal. By the impugned order, the learned ADJ has directed for issuance of FAO5702018 Page 1 o...

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Jan 17 2019 (HC)

Smt. Sunita & Anr. Vs.state & Ors.

Court: Delhi

+ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on:6. h December, 2018 Judgment pronouncement on:17. h January, 2019 CRL. L. P. 566/2018 SMT. SUNITA & ANR. Through : Ms. Mallika Parmar, Advocate. ....... Petitioners Versus STATE & ORS. ....Respondents. Through : Ms. Radhika Kolluru, APP for the State with SI Manoj Kumar, PS Rajouri Garden. CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL SANGITA DHINGRA SEHGAL, J CRL. L. P. 566/2018 1. In view of the decision of the Honble Supreme Court of India in Mallikarjun Kodagali (Dead), represented through Legal Representatives vs. State of Karnataka & Ors., reported at 2018 (14) SCALE32 the victim is no longer required to apply for leave to appeal against the order of acquittal. Consequently, the present criminal leave to appeal is allowed. The matter is directed to be registered as a Criminal Appeal. CRL.A. /2019 (To be numbered) 1. By this appeal under Section 372 of the Code of Criminal Pro...

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Jan 17 2019 (HC)

Principal Commissioner of Income Tax-4 vs.gaursons Realty Private Limi ...

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + INCOME TAX APPEAL No.1159/2018 Reserved on :23. d October, 2018 Date of decision:17. h January, 2019 PRINCIPAL COMMISSIONER OF INCOME TAX-4 ..... Appellant Through Mr. Sanjay Kumar & Mr. Asheesh Jain, Advocates. versus GAURSONS REALTY PRIVATE LIMITED ..... Respondent Through Advocate (appearance not given) CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI SANJIV KHANNA, J.: This appeal by the Revenue under Section 260A of the Income Tax Act, 1961 (Act, for short) in the case of Gaursons Realty Private Limited (Respondent-assessee for short) relates to Assessment Year 2014-15 and arises from the order of the Income Tax Appellate Tribunal (Tribunal, for short) dated 7th May, 2018.2. By the impugned order, the Tribunal has allowed the appeal of the respondent-assessee and deleted disallowance of interest expenditure of Rs.5,68,97,378/- on interest bearing loans, on account of diversion and advances and interest f...

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Jan 17 2019 (HC)

Sanjay Behari & Ors vs.ifci

Court: Delhi

$~18 * + IN THE HIGH COURT OF DELHI AT NEW DELHI LPA3002017 SANJAY BEHARI & ORS versus ..... Appellants Through: Mr. D.R. Nigam, Advocate. Through: Mr. PBA Srinivasan, Advocate. ..... Respondent IFCI CORAM: JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA ORDER1701.2019 % SANJEEV NARULA, J.: CM No.15359/2017 1. The application for filing additional documents is allowed for the grounds stated therein. LPA3002017 2. The Appellants who retired under Voluntary Retirement Scheme, 2008 have filed the present appeal under Clause 10 the Letters Patent Appeal challenging the judgment dated 20th February, 2017 passed by the learned Single Judge in W.P.(C) No.1552/2017 dismissing their writ petition and consequently denying them enhanced pension and the other consequential benefits being commensurate with RBI pay scales. Factual Background 3. The Appellants joined Industrial Finance Corporation of India (IFCI), a LPA3002017 Page 1 of 18 statutory Corporation that adheres to Reserve Bank of India (RBI)...

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Jan 17 2019 (HC)

Gulshan vs.state

Court: Delhi

$~R-8 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on:29th November,2018 Judgement pronounced on:17. h, January 2019 + CRL.A. 834/2016 GULSHAN ..... Appellant Through: Mr. Amit Sharma, Mr. Aditya Bharadwaj & Mr. Kunal Sharma Advocates. STATE Versus Through: Ms. Radhika Kolluru, APP for State. SI Sanjay Rana, P.S. Prasant Vihar ..... Respondent CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL SANGITA DHINGRA SEHGAL, J.1. Present appeal has been filed by the appellant under Section 374(2) of the Code of Criminal Procedure and is directed against the impugned judgment dated 02.06.2016 and order on sentence dated 01.07.2016 passed by Additional Sessions Judge-03/North/Rohini Courts in FIR No.356/2012, registered under Sections 365/392/394/307/186/364-A of the Indian Penal Code (hereinafter referred to as IPC) at PS, Prashant Vihar whereby the Learned Sessions Judge has found the appellant guilty and has sentenced him as follows: It is ...

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Jan 17 2019 (HC)

Principal Commissioner of Income Tax-7 vs.m/s.oracle (Ofss) Bpo Servic ...

Court: Delhi

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA5932018 % Reserved on:05. h September, 2018 Pronounced on:17. h January, 2019 PRINCIPAL COMMISSIONER OF INCOME TAX-7... Appellant Through: Mr.Zoheb Hossian, Sr. Standing Counsel and Mr.Deepak Anand, Jr. Standing Counsel and Mr.Piyush Goyal, Advocates Versus M/S.ORACLE (OFSS) BPO SERVICES LTD ..... Respondent Through: Mr.Kamal Sawhney and Mr.Prashant Meharchandani, Advocates CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR SANJIV KHANNA, J.This appeal filed by the Revenue under Section 260A of the Income- Tax Act, 1961 in the case of M/s.Oracle (OFSS) BPO Services Ltd. (respondent-assessee, for short) relates to the assessment year 2009-10 and arises out of the order of the Income-Tax Appellate Tribunal (Tribunal for short) dated 31st October, 2017.2. 3. Present appeal was admitted vide order dated 21st May, 2018. Substantial question of law as re-framed vide order dated 05th September, 2018, reads as under: I...

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