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Delhi Court August 2019 Judgments

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Aug 06 2019

Chetan Sabharwal vs.assistant Commissioner of Income Tax Circle 28 (1)

Court: Delhi

Decided on: Aug-06-2019

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:25. h July, 2019 Decided on:6. h August, 2019 W.P. (C) 10897/2015 CHETAN SABHARWAL ........ Petitioner Through: Mr. Ajay Vohra, Senior Advocate with Mr. Pawanjit Singh Bindra, Mr. Aniket D. Agrawal and Mr. G.S. Patwalia, Advocates Versus ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE28(1) ..... Respondent Through: Mr. Zoheb Hossain, Senior Standing Counsel for Revenue with Mr. Deepak Anand, Junior Standing Counsel and Mr. Piyush Goyal, Advocate. W.P. (C) 10898/2015 WITH CHETAN SABHARWAL ........ Petitioner Through: Mr. Ajay Vohra, Senior Advocate with Mr. Pawanjit Singh Bindra, Mr. Aniket D. Agrawal and Mr. G.S. Patwalia, Advocates ASSISTANT COMMISSIONER OF INCOME TAX versus W.P(C) 10897/2015 & connected matters Page 1 of 25 + + CIRCLE28(1) ..... Respondent Through: Mr. Zoheb Hossain, Senior Standing Counsel for Revenue with Mr. Deepak Anand, Junior Standing Counsel and Mr. Piyush Goyal, Advocate. WITH W.P. (C) 11215/2015 NITIN S...


Aug 06 2019

Lokesh Mittal & Ors. Vs.the State & Anr.

Court: Delhi

Decided on: Aug-06-2019

$~ 22 + IN THE HIGH COURT OF DELHI AT NEW DELHI Crl.M.C.995/2019 Decided on:-"6th August, 2019 LOKESH MITTAL & ORS. ........ Petitioners Through: Mr. Puneet Ahluwalia, Adv. versus THE STATE & ANR. Through: with petitioners in person. ..... Respondent Ms. Meenakshi Chauhan, APP for the State with Insp. Narinder Kaur. Mr. Ankit Agarwal, Adv. for R- 2 with R-2 in person. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The second respondent was married to the first petitioner as per Hindu Rites and Ceremonies on 21.01.2015. From out of the wedlock, a girl child named Rishita took birth on 21.10.2015. The marriage ran into rough weather, the second respondent raised allegations of she having been subjected to cruelty and deprived of her stridhan, first information report (FIR) No.02/2016 having been registered by police station CAW Cell, Nanak Pura, New Delhi on her complaint involving offences punishable under Sections 498A, 406, 34 of Indian Penal Code, 1860 (IPC), the case being dir...


Aug 06 2019

Devendra Kumar Gupta vs.union of India & Ors.

Court: Delhi

Decided on: Aug-06-2019

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision :06. h August, 2019 + LPA1662019 DEVENDRA KUMAR GUPTA versus ..... Appellant Through: Appellant in person UNION OF INDIA & ORS. ........ RESPONDENTS Through: Mr. Girish Pandey for Mr. Ravinder Agarwal, Adv. for R-2 CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR % ORDER0608.2019 D.N. PATEL, CHIEF JUSTICE (ORAL) 1. This Letters Patent Appeal has been preferred by the appellant who is original petitioner in W.P.(C) 7701/2016 which was disposed of by the learned Single Judge vide order dated 7th February, 2019.2. Having heard the appellant in person and looking to the facts and circumstances of the case, it appears that the main grievance ventilated by this appellant in person (original petitioner) that while working as a Chief Engineer in the Department of Posts with the LPA1662019 Page 1 of 3 respondent he had rejected one invalid tender in June, 2007. Thereafter respondent had issued a chargesheet agains...


Aug 06 2019

Rohit Rajpal vs.om Prakash Sewani & Anr.

Court: Delhi

Decided on: Aug-06-2019

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:18. h July, 2019 Pronounced on:6. h August, 2019 CM(M) 1048/2019 & CM APPL. 31391-31392/2019 ROHIT RAJPAL ........ Petitioner Through: Mr. Sunil Satyarthi & Mr.Raman Gandhi, Advocates. Versus OM PRAKASH SEWANI & ANR. ........ RESPONDENTS Through: Mr. Amit Gupta, Advocate. % CORAM: HONBLE MR. JUSTICE PRATEEK JALAN1 JUDGMENT This petition under Article 227 of the Constitution of India is directed against a judgment dated 06.06.2019 passed by the Executing Court (ADJ-02, [South]. Saket Courts, New Delhi) in Ex.No.357/2018, titled Om Prakash Sewani vs. Rajesh Rajpal. Facts 2. The execution proceedings were filed by the respondent herein for execution of a decree dated 17.02.2018, passed in CS No.207367/2016. The petitioner herein was not a party to the suit, which was filed by the respondents against one Rajesh Rajpal, who is the brother of the petitioner. The respondents claimed to be the absolute owners of the lower ground floor ...


Aug 06 2019

Parveen Singh & Anr. Vs.amir Singh (Deceased) Thr His Lr & Anr

Court: Delhi

Decided on: Aug-06-2019

$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment pronounced on:06. 08.2019 RSA No.149/2016 PARVEEN SINGH & ANR Versus ..... Appellants AMIR SINGH (DECEASED) THR HIS LR & ANR ........ RESPONDENTS Advocates appeared in this case: For the Appellants: Ms. Richa Kapoor, Advocate. For the... RESPONDENTS: Mr. K.C. Maini, Advocate CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J1 Amir Singh, respondent no.1 (plaintiff) filed a suit claiming to be the exclusive owner of property admeasuring 125 sq. yds. being plot No.Khasra No.932 situated in Ram Nagar Colony in the revenue estate of Village Nawada, Uttam Nagar, New Delhi 110059, which had come to his share pursuant to a Family Settlement with his brothers in 1975. The Settlement was reduced to writing on 10.08.1993. In the year 1991, he constructed some structure thereon of which one shop was let out to defendant no.2 (appellant no.2) on a monthly rent of Rs. 1,400/-. Over the years, the rent of the suit property was increased...


Aug 06 2019

Directorate of Enforcement vs.ranjit Malik @ Johny

Court: Delhi

Decided on: Aug-06-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: July 31, 2019 Pronounced on: August 06, 2019 + CRL.REV.P. 107/2018 DIRECTORATE OF ENFORCEMENT .....Petitioner Through: Mr. Amit Mahajan CGSC & Mr. Vinod Diwakar, CGSC Versus GAGAN DHAWAN .....Respondent Through: Mr. Arun Bhardwaj, Senior Advocate with Mr. R.K. Handoo, Mr. Yoginder Handoo , Mr. Aditya Chaudhary and Mr. Hemant Shah, Advocates + CRL.REV.P. 1180/2018 DIRECTORATE OF ENFORCEMENT Through: Mr. Anil Soni, CGSC .....Petitioner Versus RANJIT MALIK @ JOHNY .....Respondent Through: Mr. Madhav Khurana & Mr. Vighnaraj Pasayat, Advocates CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER In the above captioned first petition, petitioner-Directorate of Enforcement seeks quashing of order of 4th January, 2018 vide which respondent-Gagan Dhawan has been granted regular bail in Crl.Rev.P.107/2018 Crl.Rev.P.1180/2018 Page 1 of 8 ECIR/HQ/17/2017, under Sections of The Prevention of Money Laundering Act, 2002 (in short PMLA), whereas in the abo...


Aug 06 2019

Laxmi Enterprises vs.commissioner of Customs

Court: Delhi

Decided on: Aug-06-2019

$~110. * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:6. h August, 2019 + CUSAA2102019 LAXMI ENTERPRISES ..... Appellant Through: Mr.Vikram Singh Negi, Adv. Versus COMMISSIONER OF CUSTOMS , PREVENTIVE ..... Respondent Through: Mr.Amit Bansal, Sr.Standing Counsel with Mr.Aman Rewaria, Adv. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR ORDER : D. N. Patel, Chief Justice (Oral) C.M.No.35300/2019(exemptions) Allowed, subject to all just exceptions. C.M.No.35301/2019(delay in re-filing) & C.M.No.35299/2019 (delay in filing) For the reasons stated in the applications, the delay in re-filing as well as filing is condoned and the applications are disposed of. CUSAA No.210/2019 & C.M.No.35298/2019 (stay) 1. This appeal has been preferred by the appellant challenging the order passed by the Customs, Excise & Service Tax Appellate Tribunal dated 27th February, 2019 (Annexure A-2 to the memo of this appeal).2. Having heard the counsel for the appellant and looking...


Aug 06 2019

Directorate of Enforcement vs.gagan Dhawan

Court: Delhi

Decided on: Aug-06-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: July 31, 2019 Pronounced on: August 06, 2019 + CRL.REV.P. 107/2018 DIRECTORATE OF ENFORCEMENT .....Petitioner Through: Mr. Amit Mahajan CGSC & Mr. Vinod Diwakar, CGSC Versus GAGAN DHAWAN .....Respondent Through: Mr. Arun Bhardwaj, Senior Advocate with Mr. R.K. Handoo, Mr. Yoginder Handoo , Mr. Aditya Chaudhary and Mr. Hemant Shah, Advocates + CRL.REV.P. 1180/2018 DIRECTORATE OF ENFORCEMENT Through: Mr. Anil Soni, CGSC .....Petitioner Versus RANJIT MALIK @ JOHNY .....Respondent Through: Mr. Madhav Khurana & Mr. Vighnaraj Pasayat, Advocates CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER In the above captioned first petition, petitioner-Directorate of Enforcement seeks quashing of order of 4th January, 2018 vide which respondent-Gagan Dhawan has been granted regular bail in Crl.Rev.P.107/2018 Crl.Rev.P.1180/2018 Page 1 of 8 ECIR/HQ/17/2017, under Sections of The Prevention of Money Laundering Act, 2002 (in short PMLA), whereas in the abo...


Aug 06 2019

Cement Corporation of India Ltd vs.saju S Dominic & Ors

Court: Delhi

Decided on: Aug-06-2019

$~21 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:06. 08.2019 LPA5092019 CEMENT CORPORATION OF INDIA LTD ..... Appellant Through: Mr. Sachin Dutta, Sr. Advocate with Mr. Vivekanand, Mr. Deepak Chaudhary, Mr. Sashank and Mr.Alok Sinha, Advocates. versus SAJU S DOMINIC & ORS ........ RESPONDENTS Through: Ms. Lily Thomas, Mr. Saju Jakob, Mr. Ravinder Kumar Singh, Mr. Sakir Mamood and Ms. Siny Sara Varghese, Advocates for R-1. Mr. Ripu Daman Bhardwaj, CGSC with Mr. Himanshu Pathak, Advocate for UOI/R-2. CORAM: HON'BLE MR. JUSTICE G.S. SISTANI HON'BLE MS. JUSTICE JYOTI SINGH JYOTI SINGH, J (ORAL) CAV No.785/2019 1. Since counsel for the caveator has entered appearance, the caveat stands discharged. C.M. Appl. 35288/2019 (Exemption) 2. Exemption allowed, subject to all just exceptions. C.M. stand disposed of. LPA No 509/2019 Page 1 of 15 LPA No.509/2019 & C.M. Appl. No.35289/2019 (stay) 3. The present appeal has been filed by the Cement Corporation of India against the judg...


Aug 06 2019

Pradeep Bhardwaj vs.indian Bank & Ors

Court: Delhi

Decided on: Aug-06-2019

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:5. h July, 2019 Pronounced on:6. h August, 2019 CM(M) 335/2018 & CM APPL. 11256/2018 PRADEEP BHARDWAJ ........ Petitioner Through: Mr. Mukul Gupta, Senior Advocate with Mr.Udyan Srivastava, Advocate. versus INDIAN BANK & ORS ........ RESPONDENTS Through: Mr. Manish Sharma, Advocate for R % CORAM: HONBLE MR. JUSTICE PRATEEK JALAN JUDGMENT1 This petition under Article 227 of the Constitution of India is directed against an order dated 13.02.2018, passed by the Additional District Judge, Central-04, Tis Hazari Courts, Delhi in Suit No.9737/2016 by which the application of the petitioner/defendant No.3 under Order VI Rule 17 of the Code of Civil Procedure, 1908 [CPC]. for amendment of the written statement was dismissed. Facts 2. The suit was filed on 25.11.1991 [originally in this Court]. for recovery of the loan amount of 7,80,000/- (approximately). The CM(M) 335/2018 Page 1 of 9 written statement was filed on 17.05.1995 and issu...


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