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May 29 2015 (HC)

Commissioner of Income Tax-Iv Vs. M/S. Grup Ism P. Ltd.

Court : Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:17. 03.2015 Pronounced on:29. 05.2015 + ITA3252014 COMMISSIONER OF INCOME TAX-IV Appellant Through: Sh. Rohit Madan, Sr. Standing Counsel with Sh. Ruchir Bhatia and Sh. Akash Vajpai, Advocates. Versus M/S. GRUP ISM P. LTD. ..Respondent Through: Sh. Kaanan Kapur and Sh. Bhushan Kapur, Advocates. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K. GAUBA MR. JUSTICE S. RAVINDRA BHAT % 1. The following questions of law were framed by this Court at the time of admission of this appeal under Section 260A of the Income Tax Act, 1961 (the Act): (1) Did the ITAT fall into error in holding that the payment incurred by the assessee to the extent of ` 94,31,826 to the UAE concerns was not technical service in terms of Second Explanation to Section 9 (1) (vii) read with Section 194J?. (2) Did the ITAT fall into error in holding that Article 14 of the Double Taxation Avoidance Treaty applied to the UAE concerns in the circumstanc...

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May 28 2015 (HC)

United Phosphorus Limited Vs. Ajay Garg and Another

Court : Delhi

$~ 49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 2405/2013 Judgment pronounced on 28th May, 2015 % UNITED PHOSPHORUS LIMITED ..... Plaintiff Through: Mr.C.M. Lal, Ms.Nancy, Ms.Rajeshwari H. and Ms.Aparna, Advs versus AJAY GARG AND ANOTHER ..... Defendant Through: Ms.Pratibha M. Singh, Sr. Adv. with Mr.Sushant Singh, Ms.Subha Shiny and Mr.P.C. Arya, Advocates for defendant no.2. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J I.A.13409/2014 & I.A.1372/2014 1. Plaintiff has filed the present suit for permanent injunction restraining infringement of Indian Patent Nos.190476 and 202013 unfair competition, delivery up, rendition of accounts, damages, etc.2. While issuing summons in the suit, the defendants were restrained from marketing, selling, distributing, advertising export offering for sale and in any other manner, directly or indirectly, dealing in any product that infringes the claims of the aforesaid Patents.3. Two applications are being taken up for hearing, being I....

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May 28 2015 (HC)

Nhpc Limited Vs. Hindustan Construction Company Ltd

Court : Delhi

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:28. 05.2015 FAO(OS) 131/2015 & CM53092015 NHPC LIMITED ... Appellant versus HINDUSTAN CONSTRUCTION COMPANY LTD ... Respondent Advocates who appeared in this case:- For the Appellant For the Respondent : Mr S. B. Upadhyay, SrAdvocate with MsRanjana Roy Gawai and Mr Shailesh Suman : Mr Dayan Krishnan, Sr Advocate with Mr Rishi Agrawala and Ms Malavika Lai CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT BADAR DURREZ AHMED, J1 This appeal is directed against the order dated 12.02.2015 passed by a learned single judge of this court in OMP No.536/2014 which was a petition filed by the respondent (HCCL) under section 9 of the Arbitration and Conciliation Act, 1996 (said Act). The learned single judge disposed the said OMP by making the ex parte order dated 09.05.2014 absolute during the pendency of OMP No.369/2014 which is a petition filed by HCCL under section 34 of the said Act challenging ...

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May 28 2015 (HC)

M/S. Vulcan Industries and Anr. Vs. Delhi State Industrial and Infras ...

Court : Delhi

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:28. 05.2015 W.P.(C) 571/2008 M/S. VULCAN INDUSTRIES & ANR. ..... Petitioners versus DELHI STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. & ANR. ..... Respondents AND Advocates who appeared in this case: For the Petitioners : Mr B.K. Sood and Mr Gourav Garg. For the Respondents : Mr Amiet Andlay. CORAM:HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J1 The petitioners have filed the present petition impugning an order dated 10.12.2007 (hereafter the impugned order) passed by the District Judge whereby the petitioners appeal under Section 9 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (hereafter the Act) filed against the Eviction Order dated 14.07.2003 passed by the Estate Officer, was dismissed. The Estate Officer had passed the Eviction Order dated 14.07.2003 in respect of property situated at 231, Okhla Industrial Estate, Phase-III, Delhi (hereafter the said property) as th...

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May 28 2015 (HC)

Sunil Alag Vs. Union of India and Anr.

Court : Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:21. 11.2014 Pronounced on:28. 05.2015 + W.P.(C) 8152/2013 + W.P.(C) 8156/2013 SUNIL ALAG Petitioner Through: Sh. Arun Bhardwaj and Sh. Piyush Gaur, Advocates. Versus UNION OF INDIA AND ANR. ..Respondents Through: Sh. Amit Mahajan, CGSC, Sh. Nitya Sharma and Sh. M.P. Singh, Advocates, for UOI along with Sh. Poulose, Section Officer, DOPT. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE VIPIN SANGHI MR. JUSTICE S. RAVINDRA BHAT % 1. This petition under Articles 226/227 of the Constitution of India questions the correctness of an order of the Central Administrative Tribunal [hereafter CAT]. in O.A. No.4231/2011 and O.A. No.4560/2011 dated 24.09.2013. The CAT negatived challenges to the decisions of the W.P.(C) 8152/2013 & 8156/2013 Page 1 Appointments Committee of the Cabinet (ACC) dated 8.4.2009 and 15.11.2011, denying promotion to the petitioner to the grade of Scientist G (and promoting certain others).2. The brief f...

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May 28 2015 (HC)

Ram Phal Vs. State and Ors.

Court : Delhi

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on:30. 10.2014 Judgment pronounced on:28. 05.2015 + CRL.A.1415/2012 RAM PHAL ..... Appellant Represented by: Mr.P.K.Dey, Advocate with Mr.Kaushik Dey and Mr.Vijay Pal Singh, Advocates Versus STATE & ORS. ..... Respondents Represented by: Mr.Dayan Krishnan, Sr.Advocate/ Amicus Curiae instructed by Ms.Manvi Priya, Advocate Ms.Aashaa Tiwari, APP Mr.Krishnan Venugopal, Sr.Advocate instructed by Mr.Siddharth, Advocate for R-7 Mr.Javed Ahmad, Advocate with Mr.Zeshan Khan, Advocate in Crl.A.No.939/2012 Mr.Mohit Mathur, Advocate with Mr.Badar Mehmood, Mr.Shishir Mathur, Mr.Pranav Mathur, Mr.Amish Dabas and Mr.Devinder Dedha Advocates for Mr.Pawan Kumar, APP in Crl.A.No.151/2013 CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE S. RAVINDRA BHAT % CRL.A.1415/2012 Page 1 1. This is a reference to a Full Bench in Crl. A. No.1451/2012. The reference stems from i...

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May 28 2015 (HC)

State Bank of India Vs. S and S Technocrats Pvt. Ltd. and Anr

Court : Delhi

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. 505/2013 Reserved on: May 7, 2015 Date of decision: May 28, 2015 STATE BANK OF INDIA ..... Petitioner Through: Mr. Gopal Jain, Senior Advocate with Mr. Rajiv Kapur and Mr. Vidur Bhatia, Advocates. Versus S & S TECHNOCRATS PVT. LTD. & ANR ..... Respondents Through: Mr. Vivekanand, Advocate. CORAM: JUSTICE S. MURALIDHAR % JUDGMENT2805.2015 1. The State Bank of India (SBI) in this petition under Section 34 of the Arbitration and Conciliation Act, 1996 (Act) challenges an Award dated 23rd January 2013 passed by the sole Arbitrator in the disputes between SBI and Respondent No.1. Background facts 2. The background facts are that M/s. Taneja Associates Pvt. Ltd. invited tenders on behalf of the Petitioner for the execution of civil works in the construction of Staff Training Centre and Circle stationery store at Sector 62, Noida. This was done after the earlier contractor, M/s. Singh Contractors Company had failed to execute the work with...

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May 28 2015 (HC)

Vil Limited Vs. National Highways Authority of India

Court : Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment decided on May 28, 2015 + OMP (I) 267/2015 VIL LIMITED Through: ..... Petitioner Mr.K.V.Singh, Adv. with Mr.Nachiketa Goyal, Mr.Rishabh Arora, Advs. versus NATIONAL HIGHWAYS AUTHORITY OF INDIA ..... Respondent Through: Ms.Ayushi Kiran, Adv. with Mr.Mukesh Kumar, Adv. CORAM: HON'BLE MR. JUSTICE V.KAMESWAR RAO V.KAMESWAR RAO, J.(Oral) 1. This petition has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 (Act, in short) inter alia seeking the following reliefs:(i) Restrain the Respondent from recovering or adjusting any or all of the part of the aggregate amounts advanced to the Petitioner as three (3) separate installments, viz. (i) 1st advance installment amounting to Rs. 5.58 crores; (ii) 2 nd advance installment amounting to Rs. 8.37 crores and (iii) 3rd advance installment amounting to Rs. 13.95 crores aggregating approximately Rs. 27.9 crores; (ii) Restrain the Respondent from taking any other coercive action...

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May 28 2015 (HC)

Shree Chhatrapati Shivaji Education Society and Anr Vs. Union of Indi ...

Court : Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:28. h May, 2015. + W.P.(C) 5041/2015 & CM No.9119/2015 (for direction) SHREE CHHATRAPATI SHIVAJI EDUCATION SOCIETY & ANR ..... Petitioners Through: Mr. Rajshekhar Rao with Mr. Abhinav Mukerji, Ms. Purnima Krishna and Mr. Sameer Dawar, Advs. Versus UNION OF INDIA AND ANR ..... Respondents Through: Ms. Monika Arora and Mr. Abhishek Choudhary, Advs. for UOI. Mr. Vikas Singh, Sr. Adv. with Mr. T. Singhdev, Adv. for R-2/MCI. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. This petition under Article 226 of the Constitution of India impugns Proviso (b) to Regulation 8(3)(1) (as it stands, after the amendment w.e.f. 16th April, 2010) of the "Establishment of Medical College Regulations, 1999" framed by the respondent No.2 Medical Council of India (MCI) in exercise of powers conferred by Sections 10A and 33 of the Indian Medical Council Act, 1956. The petition also claims consequential r...

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May 28 2015 (HC)

Vishamber Vs. State

Court : Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON : MAY07 2015 DECIDED ON : MAY28 2015 + CRL.A. 1230/2011 & Crl.M.B. No.3051//2015 VISHAMBER ..... Appellant Through: Mr. M.L. Yadav, Advocate. versus STATE ..... Respondent Through: Ms. Kusum Dhalla, APP for State. CORAM: HONBLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. Aggrieved by a judgment dated 15.04.2011 of learned Additional Sessions Judge in Sessions Case No.123/10 emanating from FIR No.390/08 registered at Police Station Sangam Vihar by which the appellant Vishamber Singh was held guilty under Sections 354/376/506 IPC, the instant appeal has been preferred by him. By an order dated 20.04.2011, the appellant was awarded RI for ten years with fine `25,000/- under Section 376 IPC; RI for two years under Section 506 IPC; and, RI for one year under Section 354 IPC. The sentences were to operate concurrently.2. Briefly stated, the prosecution case as reflected in the charge- sheet was that the appellant, father of the prosecutrix X (ass...

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