Delhi Court July 2019 Judgments
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Sunny Jain S/O Sh. Pawan Kumar Jain vs.m/s b.m.r.c. Construction Pvt. ...
Court: Delhi
Decided on: Jul-24-2019
$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:24.07.2019 CS(OS) 461/2017 SUNNY JAIN S/O SH. PAWAN KUMAR JAIN Through Mr.Amarjit Singh, Adv. ..... Plaintiff Versus M/S B.M.R.C. CONSTRUCTION PVT. LTD. & ORS..... Defendants Through Mr.Satya Priya Kamrah & Mr.Mukesh M. Goel, Advs. for R-1 & 2. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J (ORAL) 1. This is a suit filed for specific performance of contract to direct the defendants to execute and register a sale deed in the favour of the plaintiff with respect to the agreement to sell dated 22.02.2016 for the property being entire 3rd Floor, 10425 (15-A/4), Plot No.4, Block No.15A, WEA Karol Bagh, New Delhi-110005 along with roof rights (herein referred to as the suit property) or in the alternative pay a sum of Rs. 2,90,00,000/- (Rupees Two Crore Ninety Lacs Only) with interest and other connected reliefs are also sought.2. A perusal of the plaint shows that defendant No.1 is a company which owned the suit proper...
M/S Avaya India Pvt. Ltd. Vs.acit
Court: Delhi
Decided on: Jul-24-2019
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:24. h July, 2019 Reserved on:11. h July, 2019 ITA5322019 + M/S AVAYA INDIA PVT. LTD. ..... Appellant Through: Dr. Shashwat Bajpai and Mr Sharad versus Aggarwal Advocates. ACIT ..... Respondent Through: Ms Vibhooti Malhotra, Senior Standing Counsel for the Revenue. CORAM: JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH % JUDGMENT Dr. S. Muralidhar, J.:1. The Assessee is in appeal against an order dated 3rd December, 2018 passed by the Income Tax Appellate Tribunal (ITAT) in ITA No.1904/Del/2015 for the Assessment Year (AY) 2010-11.2. This appeal was admitted on 11th July, 2019 and the following question of law was framed for consideration: Whether the ITAT was justified in upholding the order of the TPO and the DRP in not excluding M/s TCS E- Serve Limited; M/s TCS E-Serve International Limited from the list of comparables for the purposes of determining the arms-length price of the international ITA5322019 Page 1 of 21 transactions inv...
Combined Traders vs.commissioner of Trade & Taxes
Court: Delhi
Decided on: Jul-24-2019
IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 1397/2019 $~27 * + COMBINED TRADERS COMMISSIONER OF TRADE & TAXES CORAM: JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH ORDER2407.2019 % Dr. S. Muralidhar, J.: ........ Petitioner Through: Mr. Rajesh Jain, Mr. Virag Tiwari, Mr. V.K. Jain & Mr. Ramashish, Advocates versus ..... Respondent Through: Mr. Shadan Farasat, ASC, Ms. Rudrakshi Deo, Mr. Amit Sharma & Mr. Om Prakash, Advocates for Respondent/GNCTD.1. An interesting question of law involving the interpretation of Section 74 (7) read with Section 74 (8) and (9) of the Delhi Value Added Tax, 2004 (DVAT Act) arises for consideration in the present petition.2. There have been several earlier rounds of litigation concerning the... Petitioner and the Respondent. The background facts are that the... Petitioner is a proprietorship concern engaged in the sale/purchase and export of motor parts, tractor parts, accessories and other allied items. The... Petitioner is registered with the Department ...
Dr. Madhu Dalela vs.union of India and Ors.
Court: Delhi
Decided on: Jul-24-2019
IN THE HIGH COURT OF DELHI AT NEW DELHI $~14. * + % W.P.(C) 7464/2019 and C.M. Nos.31079-31080/2019 Date of Decision:24. 07.2019 DR. MADHU DALELA ........ Petitioner Through: Mr. Vinay Gupta & Mr. Manish Dua, Advocates. versus UNION OF INDIA & ORS ........ RESPONDENTS Through: Mr. Subhash Gosai, Mr. Amit Kumar Dogra & Mr. Tushar Malik, Advocates. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE RAJNISH BHATNAGAR VIPIN SANGHI, J.(ORAL) 1. The petitioner assails the orders dated 08.10.2018 and 22.02.2018 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (CAT/ Tribunal) in R.A. No.65/2018 and O.A. No.721/2018. The Tribunal has rejected the said RA and Original Application preferred by the petitioner, wherein the petitioner had assailed the orders dated 08.06.2016 and 12.06.2017 imposing penalty upon her consequent upon departmental disciplinary inquiry held against her, and affirming the same. The petitioner also assailed the disciplinary proceedings res...
Icici Lombard General Insurance Co. Ltd. Vs.khushboo & Ors.
Court: Delhi
Decided on: Jul-24-2019
$~10 IN THE HIGH COURT OF DELHI AT NEW DELHI * % + MAC.APP. 580/2018 & CM APPL. 54041/2018 Decided on:24. 07.2019 ICICI LOMBARD GENERAL INSURANCE CO LTD ..... Appellant Through: Mr. A.K. Soni, Advocate. versus KHUSHBOO & ORS ........ RESPONDENTS Through: Mr. Roshan Lal, Advocate for R-2 and R-3. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. At joint-request, the case is taken up for final arguments.2. This appeal impugns the award of compensation dated 17.03.2018 in the claim petition bearing MACT No.449362 of 2016 on account of the unfortunate demise of the kin of the claimants in a road accident.3. It is the appellants case that the offending motor vehicle was not identified, therefore, the appellant would not be liable to indemnify the claimants and to pay the awarded amount. It was the claimants case that at about 8:40 pm on 14.02.2010, Raja, the deceased, tried to cross the road near Metro Station, Adarsh Nagar, when the offending vehicle i.e. a Maruti MAC.APP....
Avtar Singh vs.saeeda Begum & Ors.
Court: Delhi
Decided on: Jul-24-2019
IN THE HIGH COURT OF DELHI AT NEW DELHI $~11 & 12 * % + MAC.APP. 1042/2018 & CM APPL. 48854/2018 Decided on:24. 07.2019 AVTAR SINGH NASIM AHMED + MAC.APP. 1043/2018 & CM APPL. 48870/2018 versus ..... Appellant ..... Respondent versus AVTAR SINGH SAEEDA BEGUM & ORS ..... Appellant ........ RESPONDENTS Through: Mr. P.S. Sharma, Advocate for appellant. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. This appeal impugns an award of compensation dated 12.07.2018 in claim petition numbered as MACT No.3574& 357406/16. The facts of the case are that on 18.04.2010, at about 9:30 p.m, a Tavera car, bearing Registration No.HR-67-3645, struck a motor-cycle bearing No.PB-11-AB- 0752, on which three persons were riding. They all suffered injuries, one Rashid Ahmed succumbed to injuries on 19.04.2010, the other two injured persons survived. An FIR bearing No.89/2010 was registered at Police Station, Civil Lines, Punjab for offences punishable under sections 279, 337, MAC.APP. Nos. 1...
Baljeet Singh vs.government of Nctd & Ors.
Court: Delhi
Decided on: Jul-24-2019
IN THE HIGH COURT OF DELHI AT NEW DELHI $~66 * + Date of Decision:24. 7.2019 % W.P.(C.) No.7954/2019 BALJEET SINGH ........ Petitioner Through: Mr. Ankit Jain, Advocate with Mr. Siddhant Nath, Mr. Shiven Khurrana, Ms. Aayushi, & Mr. Sarmas, Advocates. Versus GOVERNMENT OF NCTD & ORS. .....Respondents Through: Mrs. Avnish Ahlawat, Standing Counsel GNCTD (Services) with Mr. N.K. Singh, Advocate. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE RAJNISH BHATNAGAR RAJNISH BHATNAGAR, J.(ORAL) CM No.329Exemption allowed, subject to all just exceptions. The application stands disposed of. W.P.(C.) No.7954/2019 Page 1 of 16 W.P.(C) No.791. Issue notice. Counsel for the respondents accepts notice. We have heard learned counsels for the parties, perused the record, and we proceed to dispose of the petition at this stage itself.2. The petitioner has filed the present writ of certiorari, inter alia, with the following prayers : To set aside the order dated 02.11.2018 passed in O.A. No.11...
Association of Healthcare Providers (India) vs.government of Nct of De ...
Court: Delhi
Decided on: Jul-24-2019
IN THE HIGH COURT OF DELHI AT NEW DELHI $~ * + W.P. (C) 7291/2018 & CM APPLs. 27848/2018, 31375/2018 ASSOCIATION OF HEALTHCARE PROVIDERS (INDIA) ........ Petitioner Through: Mr. Rajiv Nayar, Sr. Adv. and Mr. Sandeep Sethi, Sr. Adv. with Mr. Mohit Rohtagi and Mr. Saurabh Seth, Advs. versus GOVERNMENT OF NCT OF DELHI ..... Respondent Through: Mr. Sanjoy Ghose, ASC for GNCTD with Mr. Rhishabh Jetly and Ms. Urvi Mohan, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR JUDGMENT2407.2019 % One who is not envious but is a kind friend to all living entities, who does not think himself a proprietor and is free from false ego, who is equal in both happiness and distress, who is tolerant, always satisfied, self-controlled, and engaged in devotional service with determination, his mind and intelligence fixed on Me such a devotee of Mine is very dear to Me. (Bhagavad Gita, Chapter 12 Verses 13-14) W.P. (C) 7291/2018 Page 1 of 37 1. Care, and compassion, for all living beings not just those who...
Parshu Ram vs.anil & Ors.
Court: Delhi
Decided on: Jul-24-2019
$~2 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:24. 07.2019 CM(M) 1316/2018, CM APPL. 45191/2018, CM APPL. 45192/2018 & CM APPL. 8212/2019 PARSHU RAM ........ Petitioner Through: Mr. Sunil Kumar Verma, Advocate. versus ANIL & ORS ........ RESPONDENTS Through: Mr. R.K. Tripathi, Advocate for R-3. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J (Oral) The learned counsel for the petitioner submits that petitioner No.1 passed away two days ago. Therefore, his LRs would need to be brought on record for disbursement of the amounts settled before the Lok Adalat. Mr. R.K. Tripathi, the learned counsel for respondent No.3/The New India Assurance Company Ltd. objects to any such relief, on the ground that the settlement before the Lok Adalat on 22.04.2018 would be void ab initio because it was signed by counsel, on behalf of the claimants Smt. Mano Devi and Sh. Parshu Ram, when Smt. Mano Devi had already passed away two days earlier. Mr. Sunil Kumar Verma, the le...
Rajesh Chawla & Anr. Vs.state & Anr.
Court: Delhi
Decided on: Jul-24-2019
* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: July 24, 2019 CRL.M.C. 3546/2019 RAJESH CHAWLA & ANR. .....Petitioners Through: Mr. Prabhoo Dayal Tiwari & Ms. Manisha Tiwari, Advocates. Versus STATE & ANR. Through: Mr. Izhar Ahmad, Additional .....Respondents Public Prosecutor for State with W/SI Sadhna. Respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.54/2014, under Sections 498A/34 of IPC, registered at Police Station Chandni Mahal, Delhi is sought on the basis of mediated settlement of 31st August, 2016 (Annexure P-2) and affidavit of 15th July, 2019 of respondent No.2. Upon notice, learned Additional Public Prosecutor for respondent No.1-State submits that respondent No.2, present in the Court, is the complainant/first-informant of FIR in question and she has been identified to be so, by W/SI Sadhna on the basis of identity proof produced by her. Crl.M.A. 3546/2019 Page 1 of 3 Respondent No.2, present in the Court, submits ...
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