Delhi Court November 2019 Judgments
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Curewell (India) Ltd. Vs.income Tax Officer
Court: Delhi
Decided on: Nov-28-2019
IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:28. 11.2019 ITA2592018 CUREWEL (INDIA) LTD. ..... Appellant Through: Mr. G.C. Srivastava, Mr. Suvinay Dash and Mr. Siddharth, Advocates. versus INCOME TAX OFFICER ..... Respondent Through: Ms. Vibhooti Malhotra and Mr.Siddharth Manocha, Advocates. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE SANJEEV NARULA VIPIN SANGHI, J.(ORAL) 1. $~7. * + % The following questions of law arise for our consideration: I. Whether, in the facts and circumstances of the case and in law, the ITAT erred in upholding the action of the CIT(A) in refusing to adjudicate on the issue of non-taxability of income on account of waiver of loan payable by the appellant to Canara Bank, without going into the merits of such claim?. II. Whether, in the facts and circumstances of the case and in law, the ITAT erred in not appreciating that the earlier remand order of the ITAT was a de novo remand order and not specific to any issue and therefore the ...
Anil Kumar & Anr vs.ram Kumar Gupta
Court: Delhi
Decided on: Nov-28-2019
$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:28. 11.2019 C.R.P. 253/2019 & CM APPL.48628/2019 ANIL KUMAR & ANR RAM KUMAR GUPTA versus ........ Petitioners ..... Respondent Advocates who appeared in this case: For the... Petitioner: Mr.Arjun Dewan, Adv. For the Respondent: Mr.Sachin Mitter, Advocate. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA SANJEEV SACHDEVA, J.(ORAL) JUDGMENT1... Petitioner impugns order dated 30.10.2019 whereby the Rent Controller has permitted the respondent to amend the eviction petition on an oral prayer and restrict his eviction petition to Section 14(1) (e) of the Delhi Rent Control Act, (hereinafter referred to as the DRC Act) and thereafter recorded that the summons under the 3rd Schedule are issued for service of the petitioner and that learned counsel for the petitioner accepts the summons.2. Learned counsel for the petitioner submits that the eviction petition was filed by the Respondent under Section 14(1) (a), (e) & (f) of the ...
State (Nct of Delhi) vs.sharmila @ Nanhi
Court: Delhi
Decided on: Nov-28-2019
2 $~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. 1276/2019 STATE (NCT OF DELHI) ..... Appellant Through: Mr. Amit Gupta, APP for the State with SI Tej Ram, PS Najafgarh. versus SHARMILA @ NANHI ..... Respondent Through: None. Date of Decision:28. h November, 2019 % CORAM: HON'BLE MR. JUSTICE MANMOHAN HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL JUDGMENT MANMOHAN, J (Oral):1. Present criminal appeal has been filed by the State challenging the order dated 31st July, 2019 sentencing the respondent-accused under Section 307 IPC to two years rigorous imprisonment and fine of Rs.10,000/-.2. Mr. Amit Gupta, learned APP for the State states that the learned Additional Sessions Judge, after holding that a lethal weapon like surgical blade had been used to commit assault on a vital part of the body like neck of the Victim (PW-1), had not given any specific reason for not awarding the maximum sentence to the respondent-accused.3. This Court in State (Govt. of NCT of Delhi) vs. Sonu, Crl.A. 1...
Airports Authority of India vs.a.s.yadav & Ors.
Court: Delhi
Decided on: Nov-28-2019
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:-05.11.2019. Date of Decision:-"28.11.2019 + W.P.(C) 5168/2005 & CM No.47971/2019 1. AIRPORTS AUTHORITY OF INDIA ........ Petitioner Through: Mr.Vaibhav Kalra with Ms.Neha Bhatnagar & Mr.Varun Kalra, Advs. A.S. YADAV & ORS versus ........ RESPONDENTS Through: Dr.Kedar Nath Tripathy with Mr.Satish Yadav, Advs. CORAM: HON'BLE MS. JUSTICE REKHA PALLI REKHA PALLI, J The present writ petition preferred by the Airports Authority of India JUDGMENT assails the award dated 08.11.2004 passed by the learned Labour Court-II, New Delhi as also the corrigendum dated 07.02.2005 passed by the respondent no.13. Under the impugned award the learned Labour Court has, after coming to the conclusion that the respondents were employees of the petitioner and had been illegally terminated w.e.f. 31.05.1993, directed the petitioner to reinstate them with 10% backwages from the date of their termination.2. The petitioner is a statutory body created under ...
Panasonic India Pvt. Ltd. Vs.virtual Perception (Opc) Pvt. Ltd.
Court: Delhi
Decided on: Nov-28-2019
IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:28. h November, 2019 ARB.P. 428/2019 PANASONIC INDIA PVT. LTD. VIRTUAL PERCEPTION (OPC) PVT. LTD. Through None. ........ Petitioner Through Ms. Vasundhara Nayyar, Advocate. versus ..... Respondent $~A-7 * % + CORAM: HON'BLE MS. JUSTICE JYOTI SINGH JYOTI SINGH, J.(ORAL) 1. There has been no appearance on behalf of the respondent on the last two dates. The matter has been called twice, today. There is no appearance on behalf of the respondent. It seems that the respondent is not interested in defending the matter. The respondent is accordingly proceeded ex-parte.2. The Arbitration Clause between the parties in the agreement dated 26th October, 2017 reads as under:-"this Agreement or Any and all disputes, controversies and conflicts ('Disputes') arising out of this Agreement between the Parties or arising out of or relating to or in connection with the performance or non- performance of the rights and obligations set forth herein or...
Nidhish Rai & Ors. Vs.state & Anr.
Court: Delhi
Decided on: Nov-28-2019
$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:28. 11.2019 + CRL.M.C. 6084/2019 NIDHISH RAI & ORS. ........ Petitioners Through Mr. Amit K. Pandey, Adv. with petitioners in person versus STATE & ANR. Through Mr. Izhar Ahmad, APP for State ........ RESPONDENTS SI Dheeraj Singh, PS Farsh Bazar Mr. Nikhil Tripathi, Adv. for R-2 with R-2 in person CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT (ORAL) CRL. M.A. 41376/2019 1.2. Allowed, subject to all just exceptions. Application is disposed of. CRL.M.C. 6084/2019 1. Vide the present petition, the petitioners seek quashing of FIR No.847/2014 dated 31.10.2014 registered at Police Station Farsh Bazar, District East Delhi and consequent proceedings arising therefrom.2. Notice issued. CRL.M.C. 6084/2019 Page 1 of 3 3. Notice is accepted by learned APP for the State and with the consent of the counsel for the parties, the present petition is taken up for final disposal.4. The petitioner no.1 and respondent no.2 got married...
Suman Nagpal vs.vinod Kumar Gera
Court: Delhi
Decided on: Nov-28-2019
$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:28. 11.2019 RC.REV. 608/2019 & CM APP Nos.47102/2019 & 47104/2019 SUMAN NAGPAL versus VINOD KUMAR GERA ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner: Mr.I.C.Mishra, Advocate along with Mr.Sanjay Nagpal, son of the petitioner. For the Respondent: Mr.Amit Biswas, Advocate. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner impugns order dated 13.05.2019 whereby the leave to defend application of the petitioner has been dismissed and an eviction order passed.2. Respondent has filed the subject eviction petition seeking eviction of the petitioner from shop measuring 35 sq.feet in property bearing No.E-35, Ground Floor, Lajpat Nagar, New Delhi-110024, more particularly, as shown red colour in the site plan annexed in the RC.REV.608/2019 Page 1 of 3 eviction petition.3. Learned counsel for the petitioner, under instructions fro...
Ramo Devi & Ors. Vs.late Chela Ram Chopra Thr His Lrs
Court: Delhi
Decided on: Nov-28-2019
$~41 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:28. h November, 2019 CM (M) 1499/2019 & CM APPL. 45745/2019 (stay) RAMO DEVI & ORS. ........ Petitioners Through: Mr. Mohit Siwach, Mr. Rohit Kaliyar and Mr. Karan Sharma, Advocates. (M:96437. 7717) LATE CHELA RAM CHOPRA THR HIS LRS versus Through: Mr. Atul Kumar, Advocate ........ RESPONDENTS for CORAM: JUSTICE PRATHIBA M. SINGH Respondent No.1 (B) Prathiba M. Singh, J.(oral) 1. The present petition has been filed challenging the impugned order dated 17th September, 2019, by which four applications filed by the... Petitioners two applications under Order XVI Rule 6 CPC for summoning the original documents from L&DO and the Ministry of External Affairs, an application under Order XVI CPC read with Order XVIII Rule 17 CPC and an application under Section 151 CPC, have been dismissed by the ld. Civil Judge.2. The suit for partition was instituted in 1980 and relates to the estate of Late Sh. Manohar Lal Chopra. The suit h...
Syed Ashraf @ s.a Subhani vs.c.b.i
Court: Delhi
Decided on: Nov-28-2019
$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:28.11.2019 + CRL.M.C. 4459/2019 & CRL.M.A. 35191/2019 SYED ASHRAF @ S.A SUBHANI ........ Petitioner C.B.I Through Mr. Archit Upadhayay, Adv. versus Through Mr. Rajesh Kumar, SPP with Ms. ..... Respondent Santwana and Mr. Ravi Rai, Advs. CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT (ORAL) 1. Vide the present petition, the petitioner/accused seeks direction, thereby to set aside the impugned Order & Judgment passed by Sh. Ramesh Kumar, Addl. Session Judge, Tis Hazari Courts, Delhi dated 06.07.2019 in Crl. Rev. No.193/2019.2. The present petition is filed on the ground that on 26.03.2018,the statement of Sh. K.E.V Nair, DSP (Retired)CBI was recorded by the Trial Court as PW-28 who got exhibited the statements of prosecution witnesses recorded under Section 161 of Cr.P.C., which are as follows:-"a) Ex. PW28C (statement of Smt. M. Shanta); CRL.M.C. 4459/2019 Page 1 of 6 b) Ex. PW28D (Statement of Sh. R. Harish); c) Ex....
M/S Sumat Pershad and Sons and Anr vs.commissioner Customs (Export) an ...
Court: Delhi
Decided on: Nov-27-2019
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:20. h November, 2019 Pronounced on:27. h November, 2019 + WP (C) 12233/2019 and CM Nos. 50006, 50007/2019 % M/S SUMAT PERSHAD AND SONS AND ANR. ..... Petitioners Through: Mr. Krishnan Venugopal, Sr. Adv. with Dr. Sushil Gupta, Mr. Kamal Mehta and Mr. Manan Verma, Advs. versus COMMISSIONER CUSTOMS (EXPORT) AND ANR. ........ RESPONDENTS Through: Ms. Sonu Bhatnagar, Sr. Standing Counsel with Mr. Vaibhav and Ms. Anushree Narain, Advs. for R-1 Mr. Abhay Prakash Sahay, CGSC with Mr. Rahul Kulhari, Adv. for R-2 Joshi CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C. HARI SHANKAR JUDGMENT C. HARI SHANKAR, J.1. This writ petition, at the instance of the petitioner M/s Sumat Pershad & Sons, impugns Order-in-Original No.06/2019/Sunil Tated/Commr/Exp/ICD/TKD, dated 11th October, 2019, issued by the Commissioner of Customs (Export) (hereinafter referred to as the Commissioner), whereby WP (C) 12233/2019 Page 1 of 19 Facts 2. (i) Customs...
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