Delhi Court March 2019 Judgments
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Gopal Das Estates & Housing pvt.ltd vs.commissioner of Income Tax
Court: Delhi
Decided on: Mar-20-2019
$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI ITA2102003 GOPAL DAS ESTATES & HOUSING PVT.LTD ..... Appellant Through: Mr. M.S. Syali, Senior Advocate with Mr. Arta Trana Panda and Ms.Gargi Sethee, Advocates. versus COMMISSIONER OF INCOME TAX ..... Respondent Through: Ms. Vibhooti Malhotra, Jr. Standing Counsel. CORAM: JUSTICE S. MURALIDHAR JUSTICE SANJEEV NARULA ORDER2003.2019 1. This appeal by the Assessee under Section 260-A of the Income Tax Act, 1961 (Act) is directed against the judgment dated 28th February 2002 of the Income Tax Appellate Tribunal (ITAT) in ITA No.469/Del/1999 for the Assessment Year (AY) 1995-96.2. While admitting this appeal on 12th October 2004, this Court framed the following question of law for consideration: Whether the conclusion recorded by the Tribunal that the compensation of Rs. 1,18,38,705/- was paid for extraneous consideration is not perverse and contrary to the record?. 3. The above question stands answered today by this Court by a detailed common...
Atul Gupta vs.state
Court: Delhi
Decided on: Mar-20-2019
* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: March 20, 2019 BAIL. APPLN. 541/2019 ATUL GUPTA STATE Through: Mr. R.S.Cheema, Senior Advocate ........ Petitioner with Mr. Rajiv Mohan, Ms. Tarannum Cheema, Mr. M.A. Karthik, Ms. Hiralal Gupta & Ms. Smriti Suresh, Advocates Versus Through: Mr. M.P.Singh, Additional Public ..... Respondent Prosecutor for respondent No.1- State with SI B. Singh. Mr. Vikas Pahwa, Senior Advocate with Mr. Vineet Arora & Mr. Sumer, Advocates for Complainant. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER... Petitioner seeks pre-arrest bail in FIR No.72/2017, under Sections 409/420/468/471/120-B/34 IPC, registered at Economic Offences Wing (EOW), New Delhi while claiming that the case of petitioner is on better footing than the case of co-accused Vivek Gulati, who has been already granted regular bail by trial court vide order of 30th November, 2018. Bail Appln.541/2019 Page 1 of 4 Learned senior counsel for petitioner submits petitioner was working as...
Sanofi India Ltd. & Anr vs.union of India & Ors
Court: Delhi
Decided on: Mar-20-2019
IN THE HIGH COURT OFDELHI AT NEW DELHI % Judgment delivered on:20.03.2019 + W.P.(C) 7589/2018 and CM Nos. 28999/2018 & 44988/2018 SANOFI INDIA LTD. AND ANR. versus UNION OF INDIA AND ORS. WITH + W.P.(C) 7619/2018 SANOFI INDIA LTD. AND ANR versus UNION OF INDIA & ORS ........ Petitioners ........ RESPONDENTS ........ Petitioners ........ RESPONDENTS + W.P.(C) 7632/2018 and CM No.29189/2018 WITH SANOFI INDIA LTD. AND ANR. versus UNION OF INDIA AND ORS. AND + W.P.(C) 7634/2018 SANOFI INDIA LTD. & ANR versus UNION OF INDIA & ORS ........ Petitioners ........ RESPONDENTS ........ Petitioners ........ RESPONDENTS W.P.(C) 7589/2018 & other connected matters Page 1 of 26 Advocates who appeared in these cases: For the... Petitioners :Mr Gaurab Banerji, Senior Advocate with Mr Manoj, Ms Aparna Sinha, Mr Mohit Pandey and Mr S.P. Mukherjee in W.P.(C) 7589/2018. Mr Manoj and Ms Aparna Sinha in W.P.(C) Nos. 7619/2018, 7632/2018 & 7634/2018. For theRespondents CORAM HONBLE MR JUSTICE VIBHU BAKHRU :Mr...
Neelam Devi vs.union of India and Ors.
Court: Delhi
Decided on: Mar-20-2019
IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 11543/2018 & CM APPL. 44675/2018 PARVESH PANDIT A. K. A RAM PARVESH Through: Mr. Anukrit Prateek and Mr. Satasmita, Advocates ........ Petitioner versus $~25 to32 * + + + ........ RESPONDENTS UNION OF INDIA AND ORS. Through: Mr. Sachin N.Advocate Mr .Yeeshu Jain and Ms. Jyoti Tyagi, Advocates Mr. Pratyush Miglani and Ms. HIba Rabia Shah, Advocates for R-1 Mr. Arun Birbal and Mr . Sanjay Singh, Advocates for DDA W.P.(C) 11549/2018 & CM APPL. 44692/2018 NEELAM DEVI Through: Mr. Anukrit Prateek and Mr. versus Satasmita, Advocates ........ Petitioner ........ RESPONDENTS UNION OF INDIA AND ORS. Through: Mr. Pratyush Miglani and Ms. HIba Rabia Shah, Advocates for R-1 Mr. Arun Birbal and Mr. Sanjay Singh, Advocates for DDA Mr. Sanjay Kumar Pathak, Mr. Sunil Kumar Jha and Mr. M.S. Akhtar, Advocates for R-2 W.P.(C) 11553/2018 & CM APPL. 44697/2018 ASHOK KUMAR ........ Petitioner W.P. (C) 11543 of 2018 and batch Page 1 of 8 + + Through: Mr. Anukri...
Ravi Tiwari & Ors vs.rajiv Kumar
Court: Delhi
Decided on: Mar-20-2019
$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:20. h March, 2019 RFA2412019 & CM APPLs. 13219-21/2019 RAVI TIWARI & ORS ..... Appellants Through: Mr. Vishal Kalra, Adv. and Mr. Vinay Kumar Bajaj, Advs. RAJIV KUMAR versus Through: ..... Respondent CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR % 1. JUDGMENT (ORAL) This appeal impugns the judgment and decree, dated 22nd November, 2018, passed by the learned Additional District Judge (hereinafter referred to as the learned ADJ), in a suit filed by the plaintiff/respondent (hereinafter referred to as the plaintiff) under Order XXXVII of the Code of Civil Procedure, 1908.2. In the aforesaid suit, the plaintiff sought a decree from the defendants/appellants (hereinafter referred to as the defendants), for a sum of 22 lakh.3. Consequent to issuance of summons for judgment in the suit, an application for leave to defend was filed by the defendants, which was adjudicated by the learned ADJ vide order dated 8th November, 2017, gran...
Rakesh Kumar @ Rajesh & Ors. Vs.state & Anr.
Court: Delhi
Decided on: Mar-20-2019
* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: March 20, 2019 CRL.M.C. 1535/2019 RAKESH KUMAR @ RAJESH & ORS. Through: Mr. N.K.Sinha, Advocate. .....Petitioners Versus STATE & ANR. Through: Mr. Izhar Ahmed, Additional .....Respondents Public Prosecutor for respondent No.1-State with ASI Ram Kishan. Respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.929/2016, under Sections 323/354/ 506/5IPC, registered at police station Mehrauli, New Delhi is sought on the basis of mediated settlement of 27th October, 2016 (Annexure P-2) and affidavit of 7th March, 2019 of respondent No.2 and on the ground that the misunderstanding which led to registration of the FIR in question, now stands cleared between the parties. Upon notice, learned Additional Public Prosecutor for respondent No.1-State submits that later on Section 354 B IPC was also added in this case. Learned Additional Public Prosecutor for respondent-State submits that respondent No...
Sunita Namdev & Ors vs.ramji Bhai Patel @ Shere Patel & Ors (The New I ...
Court: Delhi
Decided on: Mar-20-2019
IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:20. h March, 2019 versus ..... Appellant Through: Mr.R.K. Tripathi, Advocate SUNITA NAMDEV & ORS THE NEW INDIA ASSURANCE CO LTD + MAC.APP. 1062/2017 & CAV10412017 & CM APPL. 44006/2017 21 + MAC.APP. 1071/2018 & CM APPL. 50086/2018 55 SUNITA NAMDEV & ORS Through: Mr.C.M. Patel, Advocate Through: Mr.C.M. Patel, Advocate RAMJI BHAI PATEL @ SHERE PATEL & ORS (THE NEW INDIA ASSURANCE CO LTD ) Through: Mr.R.K. Tripathi, Advocate ........ RESPONDENTS ........ RESPONDENTS ..... Appellants versus $~21 & 55 * % 1. JUDGEMENT (ORAL) Both the parties have challenged the award of the Claims Tribunal whereby compensation of Rs.21,01,000/- has been awarded by the Claims Tribunal.2. The accident dated 02nd December, 2012 resulted in the death of Santosh Namdev. The deceased aged 28 years at the time of the accident and was working as a tailor. It was claimed that deceased was earning Rs.15,000/- per month. The deceased was survived by his widow, ...
Nafis Ahmed a.k.a Nafees Ahmad vs.union of India and Ors.
Court: Delhi
Decided on: Mar-20-2019
IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 11543/2018 & CM APPL. 44675/2018 PARVESH PANDIT A. K. A RAM PARVESH Through: Mr. Anukrit Prateek and Mr. Satasmita, Advocates ........ Petitioner versus $~25 to32 * + + + ........ RESPONDENTS UNION OF INDIA AND ORS. Through: Mr. Sachin N.Advocate Mr .Yeeshu Jain and Ms. Jyoti Tyagi, Advocates Mr. Pratyush Miglani and Ms. HIba Rabia Shah, Advocates for R-1 Mr. Arun Birbal and Mr . Sanjay Singh, Advocates for DDA W.P.(C) 11549/2018 & CM APPL. 44692/2018 NEELAM DEVI Through: Mr. Anukrit Prateek and Mr. versus Satasmita, Advocates ........ Petitioner ........ RESPONDENTS UNION OF INDIA AND ORS. Through: Mr. Pratyush Miglani and Ms. HIba Rabia Shah, Advocates for R-1 Mr. Arun Birbal and Mr. Sanjay Singh, Advocates for DDA Mr. Sanjay Kumar Pathak, Mr. Sunil Kumar Jha and Mr. M.S. Akhtar, Advocates for R-2 W.P.(C) 11553/2018 & CM APPL. 44697/2018 ASHOK KUMAR ........ Petitioner W.P. (C) 11543 of 2018 and batch Page 1 of 8 + + Through: Mr. Anukri...
Commissioner of Income Tax vs.gopal Das Estates & Housing pvt.ltd.
Court: Delhi
Decided on: Mar-20-2019
$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI ITA400/2009 COMMISSIONER OF INCOME TAX ..... Appellant Through: Ms. Vibhooti Malhotra, Jr. Standing Counsel for the Revenue. versus GOPAL DAS ESTATES & HOUSING PVT.LTD. ..... Respondent Through : Mr. M.S. Syali, Senior Advocate with and TranaPanda Mr. Ms.GargiSethee, Advocates. Arta CORAM: JUSTICE S. MURALIDHAR JUSTICE SANJEEV NARULA ORDER2003.2019 1. This appeal by the Revenue under Section 260-A of the Income Tax Act, 1961 (Act) is directed against the judgment dated 27thJune 2008 of the Income Tax Appellate Tribunal (ITAT) in ITA No.4198/Del/2006 for the Assessment Year (AY) 2003-04.2. While admitting this appeal on 22nd July 2009, this Court framed the following questions of law for consideration: (1) Whether the Income Tax Appellate Tribunal was correct in lawin deleting the addition of Rs.l,84,26,388/-paid by the assesseeon account of interest and guarantee commission respectively tothe bank as business expenditure when the loan rais...
Meenakshi Puria vs.arun Jain
Court: Delhi
Decided on: Mar-20-2019
$~ 61 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:20. h March, 2019 + RFA2292019 & CM Nos. 12831/2019, 12832/2019 % 1. MEENAKSHI PURIA ..... Appellant Through: Mr. Ajay Kumar Thakur, Mr. K.D. Bhalla and Mr. Naresh Kumar, Advs. versus ARUN JAIN Through: None ..... Respondent CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR JUDGMENT (ORAL) This appeal arises out of judgment and order dated 17th September, 2018, whereby the learned Additional District Judge (hereinafter referred to as the Ld. ADJ) has decreed the suit of the plaintiff, against the defendant, for a sum of 6 lakhs alongwith interest @ 18% per annum from the date of the loan given by the plaintiff, i.e. from 27th August, 2013, till realisation, alongwith costs.2. The defendant is in appeal. The plaintiff, in his suit, averred that the appellant/ defendant, (who would be referred to hereinafter as the defendant) had taken a loan from him of 6 lakhs on 27th August, 2013 and that, at the said point of time, the defen...
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