Court : Delhi
..... other two co-accused rahul kapoor and vijay @ anil kapoor in their statements made the applicant that the lease of bail appn.2381/2019 page 7 of 12 under section 108 of the above act have stated that the co-accused rahul kapoor was doing the business or was in possession of the said shop/premises are not found supported from the records and rather ..... course of arguments, submitted that the petitioner is not appearing for the purpose of investigation despite the service of show-cause notice, on the pretext that the present petition under section 438 of the cr.pc is pending before this court and the officers of the respondent are in dilemma whether the petitioner is exempted from his appearance before the respondent by merely ..... the above seized gold or of the cash amount recovered in this case has not been disclosed or furnished by any of the accused persons, though in terms of the previsions contained in section 23 of the above act, the burden of proof that the above gold is not a smuggled one is upon the person, who has been found to be in possession of the sald gold or is the ..... is no material on record to show involvement of the petitioner in this case, which is apparent from the fact that (i) his business premises, as reflected from income tax returns of previous years, is situated in krishna nagar (and not in karol bagh) and (ii) his bank transactions also reflect that he is having business in krishna ..... documents including the account books/ledgers, records of whatsapp chats and calls etc .....
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..... attention of the counsel for the plaintiffs is drawn to commissioner of wealth tax, kanpur vs. ..... i have enquired from the counsel for the plaintiffs, whether not under the hindu succession act, all properties inherited by defendant no.1 jitendra pal singh sodhi from his own father, trilok chand sodhi, who died in 1995, would be the personal properties of defendant no.1 jitendra pal singh sodhi and how the ..... veronica (minor), acting through her mother plaintiff no.2 neetu sodhi, has instituted this suit for (i) declaration that the plaintiff no.1, being a coparcener and class i heir, is entitled to a share of 1/18th + 1/72th of properties (a) b-10/329, sunder vihar, new delhi, (b) ..... much after the coming into force of the hindu succession act, 1956.10. ..... the suit, as other suits mentioned above, has been filed on a misconception of hindu law and forgetting the hindu succession act. .....
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..... - convict punit @ raju had also been convicted under section 25 arms act and sentenced to rigorous imprisonment for one year with fine ..... dated 19th november, 2018 passed by the additional sessions judge/pilot court, north district, rohini courts, delhi in sessions case no.482/2018 arising out of fir no.101/2018 under sections 302/393/3of the indian penal code (hereinafter referred to as ipc ) and sections arms act registered with police station adarsh nagar. ..... court3 the trial court convicted all the appellants-convicts under sections 302/3ipc and appellant-convict punit@raju additionally under section 25 arms act. ..... 10,000/- for offence punishable under section 302 read with section 34 ipc as well as rigorous imprisonment for five ..... the appellants- convicts have been convicted under sections 302/3ipc and sentenced to undergo rigorous imprisonment for ..... to invoke section 106 of the evidence act, the main point to be established by the prosecution is that the accused persons were present in the hotel room ..... punishable under section 393 read with section 34 ipc ..... and (5) there must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused. ..... but before the said declaration can be acted upon, the court must be satisfied about the truthfulness of the same and that the said declaration was made by the deceased while he was in a fit .....
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..... , who claims to be a registered voter from the chandni chowk constituency, has challenged the election of the respondent alleging corrupt practice under section 123(2) of the representation of the people act, 1951(hereinafter referred to as the act), on the following grounds: (i) suppression of the actual purchase price of the property bearing flat no.122, 2nd floor, delhi apartment cghs ..... that an incorrect disclosure of the purchase price of the property and the non-declaration of the source of income of the spouse amounts to corrupt practice under section 123(2) of the act and that these grounds spell out a cause of action for setting aside the election of the respondent.6. ..... making a statement of fact that in the affidavit filed by the respondent in 2014 he had asserted that the wife of the respondent has never filed an income tax return, while in the 2019 affidavit it is stated that the wife of the respondent has filed income tax return in the intervening period and it is not disclosed how she has come el.pet. ..... at the same time, the supreme court declined to issue direction in nature of mandamus to consider the amendment of the act to provide for rejection of nomination paper of the candidates and disqualification of mps/mlas/mlcs deliberately furnishing wrong information of their assets in form-26 at the time of filing ..... purpose of such disclosure is for the citizen to be informed of the increase in wealth of the candidate disproportionate to the known sources of his income.17. .....
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..... the present appeal, filed under section 37 of the arbitration and conciliation act,1996 (hereinafter the act ) read with section 13 of the commercial courts, commercial division and commercial appellate division of high courts act, 2015, is directed against the order dated 30.10.2018 passed by a learned single judge of this ..... law pertaining to the narrow scope of judicial intervention in an appeal under section 37 of the act has been crystallised by a division bench of this court in the judgement rendered in the case of ..... the respondent herein filed a petition under section 34 of the act against the award dated 11.01.2018, ..... 647/2014 before this court, under section 9 of the act, wherein this court vide order dated 30.05.2014 restrained the respondent herein from creating any third party rights in respect of ..... herein, even during the course of the arbitral proceedings, moved an application under section 16 of the act for dismissal of the arbitration proceedings.11. ..... has to conform to section 7 of the act and is a sine- ..... is no infirmity or illegality in the order passed by the learned single judge, and the same is based on settled principles of law which would not require any interference by this court in an appeal under section 37 of the act.22. ..... , the foods division of shriram value services was hived off into the newly formed appellant company.5. ..... rs.2,79,70,132 in lieu of sales tax c forms not issued by the respondent for the goods and raw materials supplied to them up till the month .....
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..... in case of the breach of the contract, unless it is held that such estimate of damages/compensation is unreasonable or is by way of penalty, party who has committed the breach is required to pay such compensation in terms of section 73 of the contract act; (iii) that section 74 of the contract act is to be read with section 73 thereof and in every case of breach of contract, the person aggrieved by the breach is not required to prove actual loss or damage suffered by him before he can claim a decree; the court is competent ..... delhi development authority (2015) 4 scc136set aside a judgment of the division bench of this court allowing appeal (by relying on section 74 of the contract act) against the judgment of the single judge of this court ordering refund of earnest money on the ground that the seller had not suffered any ..... . though in view of the aforesaid position emerging, the suits could have been disposed off as aforesaid, on 5th august, 2019 itself but for the sake of completeness and to not deprive the counsels of opportunity to argue, the hearing continued on 13th august, 2019, 6th september, 2019 as aforesaid and has ..... *the word gross rent is and shall be inclusive of property tax wherever property tax is being borne by the tenants for above and subsequent calculations. ..... thereof would be known and on the basis whereof final purchase consideration of the said area would be computed; (vi) clause 4 further states that akm shall hand over such area to the tenants for fit outs etc .....
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..... in case of the breach of the contract, unless it is held that such estimate of damages/compensation is unreasonable or is by way of penalty, party who has committed the breach is required to pay such compensation in terms of section 73 of the contract act; (iii) that section 74 of the contract act is to be read with section 73 thereof and in every case of breach of contract, the person aggrieved by the breach is not required to prove actual loss or damage suffered by him before he can claim a decree; the court is competent ..... delhi development authority (2015) 4 scc136set aside a judgment of the division bench of this court allowing appeal (by relying on section 74 of the contract act) against the judgment of the single judge of this court ordering refund of earnest money on the ground that the seller had not suffered any ..... . though in view of the aforesaid position emerging, the suits could have been disposed off as aforesaid, on 5th august, 2019 itself but for the sake of completeness and to not deprive the counsels of opportunity to argue, the hearing continued on 13th august, 2019, 6th september, 2019 as aforesaid and has ..... *the word gross rent is and shall be inclusive of property tax wherever property tax is being borne by the tenants for above and subsequent calculations. ..... thereof would be known and on the basis whereof final purchase consideration of the said area would be computed; (vi) clause 4 further states that akm shall hand over such area to the tenants for fit outs etc .....
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..... the court has held that to accept this would be to defeat section 42 of the specific relief act, 1963 and make the terms of the contract otiose. ..... the employer shall only be entitled to set off against or make any deduction from an amount certified in a payment certificate, or to otherwise claim against the contractor, in accordance with this sub-clause ..... this judgment is binding on the parties and respondent no.1 cannot reagitate the contentions which were rejected by the court in the earlier round of litigation. ..... and the bank has given an unconditional promise to respondent no.1 that it would without any demur, enquiry, protest, proof or satisfaction, merely on receipt of the first written demand stating that the amount is due on account of default etc. ..... is legal and proper, and whether on such cancellation, the bank guarantee could have been invoked on the extreme situation of the first respondent justifying its inability to perform its obligations under the loi, etc. ..... rameshwara rice mills, thirthahalli (1987) 2 scc160 it is further sought to be contended that keeping this in view the provisions contained in the contract pertaining to determinations, certifications, etc. ..... is next contended by the senior counsels that in any case the judgment dated 3.7.2019 is in direct conflict with the law laid down by the apex court on invocation of bgs in the case of gujarat maritime (supra) etc. in u.p. ..... national bank of boston etc. ..... decision of respondent no.1 regarding any breach etc. .....
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..... is that the amendment incorporated in the second explanation in section 9(1) of the income tax act with effect from 1st april, 2019 would not have ..... , is not the purport of the substituted clause (a) of explanation-2 to section 9(1) of the act, with effect from 1st april, 2019.8 ..... is that the pe of assessee was in fact liaison office of rril in india, which is separately assessed to tax in india and its profit and taxability now has attained finality in the form of agreement under map. ..... the present appeal is preferred by the assessee against the common order passed by the income tax tribunal delhi bench i-2 new delhi dated 28th may, 2019, in several itas preferred before it, pertaining to the assessment years 2004-05, 2005-06, 2006-07, 2007-08 ..... has been brought before us that under the map agreement the profit attribution of sales of rrpl were also subject matter of consideration or discussion and there cannot be any assumption that the quantum of tax agreed in the case of rril exhausts the contribution of profit to the pe of assesse in india.13 ..... event, the same would certainly not have the effect of nullifying the determination made on the issue of pe on the basis of the evidence collected and the pre existing law as prevalent prior to the amendment of section 9(1) with effect from 1st april, 2019 ..... percival billimoria, mr.sr patnaik, mr.thangadurai vp and mr.sidharth thakur, advocates versus deputy director of income tax, circle-2(1), international taxation, new delhi ..... .....
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..... is that the amendment incorporated in the second explanation in section 9(1) of the income tax act with effect from 1st april, 2019 would not have ..... , is not the purport of the substituted clause (a) of explanation-2 to section 9(1) of the act, with effect from 1st april, 2019.8 ..... is that the pe of assessee was in fact liaison office of rril in india, which is separately assessed to tax in india and its profit and taxability now has attained finality in the form of agreement under map. ..... the present appeal is preferred by the assessee against the common order passed by the income tax tribunal delhi bench i-2 new delhi dated 28th may, 2019, in several itas preferred before it, pertaining to the assessment years 2004-05, 2005-06, 2006-07, 2007-08 ..... has been brought before us that under the map agreement the profit attribution of sales of rrpl were also subject matter of consideration or discussion and there cannot be any assumption that the quantum of tax agreed in the case of rril exhausts the contribution of profit to the pe of assesse in india.13 ..... event, the same would certainly not have the effect of nullifying the determination made on the issue of pe on the basis of the evidence collected and the pre existing law as prevalent prior to the amendment of section 9(1) with effect from 1st april, 2019 ..... percival billimoria, mr.sr patnaik, mr.thangadurai vp and mr.sidharth thakur, advocates versus deputy director of income tax, circle-2(1), international taxation, new delhi ..... .....
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