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Delhi Court January 2019 Judgments

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Jan 17 2019 (HC)

Chukwnemika vs.state

Court: Delhi

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + BAIL APPLN. 387/2018 Judgment delivered on:17. 01.2019 CHUKWNEMIKA STATE versus ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner : For the Respondent: Mr. Vikas Gautam, Advocate. Mr. Hirein Sharma, APP for the State. SI Data Ram, Crime Branch. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner seeks regular bail in FIR No.33/2017 under Sections of the NDPS Act and Section 14 of the Foreigners Act, Police Station Crime Branch.2. The allegations in the FIR are that source information was received that one Nigerian would be coming to supply cocaine in large quantity. A raiding party was prepared. It is alleged that when they reached the spot, i.e., Radisson Hotel, they found that one Nigerian person had come in a taxi. He was identified by the secret informer. It is alleged that the Nigerian kept waiting for someone, however, nobody came. Thereafter...

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Jan 17 2019 (HC)

Ajay Kumar Gupta & Ors. Vs.union of India & Ors.

Court: Delhi

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + WP(C) 10313/2016 Reserved on:30. h November, 2018 Pronounced on:17. h January , 2019 ORCHID INFRASTRUCTURE DEVELOPERS PVT. LTD ......... Petitioner Through: Mr.Sameer Rohtagi with Mr.Akshit Pradhan, Advocates Versus UNION OF INDIA & ORS. ..... Respondent Through: Mr.Ruchir Bhatia, Advocate for the Revenue WP(C)12151/2016 AJAY KUMAR GUPTA & ORS. ......... Petitioner Through: Mr.Sameer Rohtagi with Mr.Akshit Pradhan, Advocates Versus UNION OF INDIA & ORS. ..... Respondent Through: Mr.Kavindra respondent No.1 - UOI Mr.Zoheb Hossain, Sr. St. Counsel & Mr.Piyush Goyal, Advocate for Revenue Adv. Gill, for % CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI SANJIV KHANNA, J.WP(C)10313 & 12151/2016 Page 1 of 24 The aforecaptioned writ petitions raise a common issue of liability of the petitioners to pay interest under sub-section (2A) to Section 234B of the Income-Tax Act, 1961 (Act for short) and hence, we deem it...

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Jan 17 2019 (HC)

Ishwar Singh Anr Ors. Vs.the Registrar of Co-Operative Societies and O ...

Court: Delhi

$~1 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:17. 01.2019 W.P.(C) 8300/2018 & CM APPL. 31887-31888/2018 ISHWAR SINGH ANR ORS. ........ Petitioners Through Mr. Jayant Mehta and Mr. Sachin Mittal and Ms. Drishti Harpalani, Advs. versus THE REGISTRAR OF CO-OPERATIVE SOCIETIES AND ORS. ........ RESPONDENTS Through Mr. Pankaj Yadav and Mr.Priyaranjan Dubey, Advs. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE A.K.CHAWLA JUDGMENT VIPIN SANGHI, J.(ORAL) 1. The petitioners have preferred the present writ petition to assail the order dated 11.05.2018 passed by the Delhi Co-operative Tribunal (DCT) in Appeal No.168/2016/DCT.2. The said appeal had been preferred by the petitioners in the present petition alongwith two others to assail the order dated 09.08.2016 passed by the Registrar of Co-operative Societies (RCS) in respect of Arunodaya Co- operative Group Housing Ltd., as well as the elections results in respect of W.P.(C)8300/2018 Page 1 of 13 elections held...

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Jan 17 2019 (HC)

National Highways Authority of India vs.vil Rohtak Jind Highway Privat ...

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on:13. 12.2018 Judgment pronounced on:17.01.2019 ARB. A. (COMM.) 10/2018 & I.A. 3194/2018 + NATIONAL HIGHWAYS AUTHORITY OF INDIA ..... Appellant Through Ms. Gunjan S. Jain, Adv. versus VIL ROHTAK JIND HIGHWAY PRIVATE LIMITED ..... Respondent Through Mr. T.K. Ganju, Sr. Adv. with Mr. Krishna Vijay Singh, Mr. Manish Dembla, Mr. Nachiketa Goyal and Mr. Parakram Roy, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J.1. This is a petition filed under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996 (in short 1996 Act) against the order dated 12.01.2018 passed by the Arbitral Tribunal.2. By virtue of the said order the Arbitral Tribunal disposed of the application filed by the appellant i.e. National Highways Authority of India (hereafter referred to as NHAI) and an application filed by the respondent i.e. VIL Rohtak-Jind Highway Pvt. Ltd. (hereafter referred to as VIL).3. NHAI, evidently, had moved an ...

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Jan 17 2019 (HC)

Pr. Commissioner of Income Tax -6, New Delhi vs.ndr Promoters Pvt. Ltd ...

Court: Delhi

$~ * + % IN THE HIGH COURT OF DELHI AT NEW DELHI ITA492018 Reserved on:31. t October, 2018 Pronounced on:17. h January, 2019 PR. COMMISSIONER OF INCOME TAX -6, NEW DELHI .... Appellant Through: Mr. Asheesh Jain, Sr. Standing Counsel for Income Tax Department with Mr. Dushyant Sarna, Advocate. versus NDR PROMOTERS PVT. LTD. ..... Respondent Through: Mr. Ved Jain, Mr. Kislaya Parashar and Ms. Umang Luthra, Advocates. 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 NDR Promoters Pvt. Ltd. relates to Assessment Year 2008-09 and arises from the order dated 3rd March, 2019 passed by the Income Tax Appellate Tribunal (Tribunal, for short).2. The appeal was admitted for hearing vide order dated 17th January, 2018 on the following substantial question of law:-"Whether the ITAT fell into error in upholding the deletion directed by the CIT ...

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Jan 17 2019 (HC)

Ramesh vs.the State(nct of Delhi) & Ors.

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: January 17, 2019 CRL.M.C. 6245/2018 RAMESH .....Petitioner Through: Ms. Rita Rana, Advocate versus THE STATE ( NCT OF DELHI) & ORS .....Respondents Through: Mr. Manjeet Singh Oberoi, Additional Public Prosecutor with ASI Shajuddeen, P.S. New Ashok Nagar, New Delhi Mr. Vishwas Ahuja, Advocate with Respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of F.I.R. No.305/2014, under Sections 354/354A of IPC & Section 12 of POCSO Act, registered at Police Station New Ashok Nagar, Delhi is sought on the ground that misunderstanding, which led to registration of this F.I.R. now stands cleared between the parties, who are real uncle and niece. respondent No.2, present Upon notice, learned Additional Public Prosecutor for respondent- State submits that is the complainant/first informant of FIR in question and she has been identified to be so, by ASI Shajuddeen on the basis of identity proof produced by he...

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Jan 16 2019 (HC)

Ehtesham Qutubuddin Siddique vs.cpio, Intelligence Bureau

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:16. 01.2019 + W.P.(C) 9773/2018 EHTESHAM QUTUBUDDIN SIDDIQUE versus CPIO, INTELLIGENCE BUREAU Advocates who appeared in this case: ........ Petitioner ..... Respondent For the... Petitioners: Mr Arpit Bhargava, Advocate with Mr Varun Tazwar. For the... RESPONDENTS: Mr Rahul Sharma, Mr C.K. Bhatt, Bureau Intelligence Advocates Government of India. for CORAM HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J1 The petitioner has filed the present petition under Article 226 of the Constitution of India, inter alia, impugning the order dated 26.03.2018 (hereafter the impugned order) passed by the Central Information Commission (hereafter CIC).2. By the impugned order, the CIC rejected the second appeal preferred by the petitioner under Section 19(3) of the Right to Information Act, 2005 (hereafter the RTI Act). The petitioner had sought information W.P.(C) 9773/2018 Page 1 of 8 from the Intelligence Bureau (hereafter IB), ...

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Jan 16 2019 (HC)

Delhi Transport Corporation vs.chet Ram

Court: Delhi

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:16. 01.2019 + W.P.(C) 4253/2017 DELHI TRANSPORT CORPORATION ........ Petitioner Through Ms.Manisha Tyagi, Adv. versus ..... Respondent Through Mr.Sanjoy Ghose, Adv. CHET RAM CORAM: HON'BLE MS. JUSTICE REKHA PALLI REKHA PALLI, J (ORAL) CM No.44238/2017 (For Direction by the respondent) 1. Learned counsel for the respondent/applicant does not press the present application but prays that he may be granted liberty to rely on the decision dated 16.01.2015 of this Court in Pawan Kumar v. DTC [W.P.(C)No.4261/2013]., which was upheld by the Honble Supreme Court, at the time of final arguments.2. The application stands disposed of as not pressed, with liberty as prayed for. C.M.No.23218/2017 (u/s 17 B of the Industrial Disputes Act) 1. Vide the present application u/s 17 B of the Industrial Disputes Act, 1947, the respondent/applicant seeks a direction to the petitioner to pay him the last drawn wages/minimum wages from 21.01.2017,...

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Jan 16 2019 (HC)

Manoj Shankar vs.union of India and Ors.

Court: Delhi

$~28. * + % W.P.(C) 357/2019 MANOJ SHANKAR IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:16. 01.2019 ........ Petitioner Through: Mr. Yashvardhan with Ms. Smita Kant, Mr. Puneet Kumar and Mr. Abhishek Praharaj, Advs. versus UNION OF INDIA AND ORS. ..... Respondent Through: Mr. Vivek Goyal, CGSC with Mr. Pawan Pathak, Advs. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE A.K. CHAWLA VIPIN SANGHI, J.(ORAL) C.M. No.1679/2019 1.2. Exemption allowed, subject to all just exceptions. The application stands disposed of. W.P.(C) 357/2019 & C.M. No.1678/2019 3. The petitioner has preferred the present writ petition to assail the order dated 13.11.2018 passed by the Central Administrative Tribunal, W.P.(C.) No.357/2019 Page 1 of 4 Principal Bench, New Delhi, (the Tribunal) in O.A. No.3593/2014. The Tribunal has rejected the said Original Application preferred by the petitioner wherein he had assailed the orders whereby disciplinary proceedings were initiated against him. Th...

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Jan 16 2019 (HC)

Alfa Bhoj Limited vs.dy. Commissioner of Income Tax Central Cirle -13

Court: Delhi

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + INCOME TAX APPEAL272019 Date of decision:16. h January, 2019 ALFA BHOJ LIMITED ..... Appellant Through: Mr. K. R. Manjani, Advocate. versus DY. COMMISSIONER OF INCOME TAX CENTRAL CIRLE -13 ..... Respondent Through: Mr. Ashok K. Manchanda, SSC. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI SANJIV KHANNA, J.(ORAL): We have heard counsel for the appellant-assessee in this appeal under Section 260A of the Income Tax Act, 1961 (Act for short) which pertains to the Assessment Year 2002-03 and arises from the order of the Income Tax Appellate Tribunal ( Tribunal for short) dated 31st August, 2018.2. The appellant-assessee has challenged factual findings recorded by the Tribunal in affirming addition of Rs.5.27 crores on account of bogus share capital under Section 68 of the Income Tax Act, thereby affirming the order passed by the Assessing Officer and reversing the findings recorded by the Commissioner of I...

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