05.02.2014 notes

182 Pages·2014·1.16 MB·English

05.02.2014 SUPPLEMENTARY LIST
SUPPLEMENTARY LIST FOR TODAY IN CONTINUATION OF THE ADVANCE LIST ALREADY CIRCULATED.
THE WEBSITE OF DELHI HIGH COURT IS www.delhihighcourt.nic.in
INDEX
PRONOUNCEMENT OF JUDGMENTS ---------> J-1 TO J-7
REGULAR MATTERS --------------------> R-1 TO R-51
FINAL MATTERS (ORIGINAL SIDE) ------> F-1 TO F-5
ADVANCE LIST -----------------------> 1 TO 66
APPELLATE SIDE (SUPPLEMENTARY LIST)-> 67 TO 78 (FIRST PART)
APPELLATE SIDE (SUPPLEMENTARY LIST)-> 79 TO 86 (SECOND PART)
COMPANY ----------------------------> 87 TO 88
SECOND SUPPLEMENTARY ---------------> 89 TO 104
ORIGINAL SIDE (SUPPLEMENTARY I)-----> - TO -
NOTES
1. Urgent mentioning may be made before Hon'ble DB-II at 10.30 a.m.
2. Hon'ble Ms. Justice Hima Kohli will hear Fresh Cases as well as Fresh
Applications on all Court days, including Thursdays.
3. Hon'ble Mr. Justice J.R. Midha will hear single bench matter listed before
his Lordship in Court No.36.
4. Hon'ble Ms. Justice Deepa Sharma will hear Criminal Appeals(Persons in
Custody) and Criminal Misc. Main(CRL.M.C.) matters listed before her
Lordship in Court No.16; after hearing the matters listed before Hon'ble DB-
IV.
5. Listing of matters on Leave Arrangement may be seen at the bottom of
Supplementary List.
DELETIONS
1. W.P.(C) 6358/2013 listed before Hon'ble DB-VII at item No.13 is deleted as
the same is a decided matter.
2. W.P.(C) 947/2013 listed before Hon'ble DB-VII at item No.9 is deleted as the same is
listed before Hon'ble DB-IV.
3. W.P.(C) 803/2014 listed before Hon'ble Mr. Justice Rajiv Shakdher at item No.10 is
deleted as the same is listed before Hon'ble DB-III.
4. W.P.(C) 8099/2012 lised before Hon'ble Mr. Justice Valmiki J. Mehta at item No.17 is
deleted as the same is listed before Hon'ble Mr. Justice Rajiv Shakdher.
NOMINATED/STANDING COUNSEL
1. THE PRADESHIYA INDUSTRIAL AND INVESTMENT MR. PRASHANTO CHANDRA SEN
CORPORATION OF U.P. LTD. (PICUP)
NOTICE
As approved by Hon'ble Mr. Justice R.M.Lodha, Judge, Supreme Court of India
and Executive Chairman, NALSA, 2nd National Lok Adalat is to be conducted on
12th April, 2014(Saturday) at all levels, right from the Supreme Court to
Tuluka Courts. Accordingly, Delhi High Court Legal Services Committee is
going to organize a National Lok Adalat with the approval of Hon'ble Mr.
Justice Pradeep Nandrajog, Hon'ble Chairman, DHCLSC for the pending cases
under following category:-
1. Misc. Appeals, Civil Appeals, 2nd Appeals, Original Suits,
Writs, MACT Appeals.
2. Electricity & Water Bills(Excluding Theft Cases).
3. Service matters relating to pay and allowances and retrial
benefits.
To facilitate settlements, the Committee will organize pre-Lok Adalat
sittings. The parties and their Advocates who are interested to settle their
matters in the National Lok Adalat may contact O/o Delhi High Court Legal
Services Committee, Chamber No. 34, Lawyers Chambers, Delhi High Court with
particulars of their cases. The parties may also make prayer to the Hon'ble
Court concerned to refer the matter to the National Lok Adalat if the matter
is fit for being taken up in the National Lok Adalat.
NOTICE
It is hereby informed that Hon'ble the Chief Justice, on the recommendation of
the Hon'ble Computer Committee, has directed that it will be mandatory to file
soft copy on CD-R/DVD-R in Original side jurisdiction matters w.e.f. 01-Feb.-
2014 in addition to the existing paper filing of cases. The procedure to
prepare soft copy is as under:
Procedure for documents preparation for filing of soft copy.
1. Prepare original text material/documents viz. Index, notice of motion,
memo of parties, main petition, interlocutory applications, etc. in MS-
word or Open office, as per format already prescribed for hard copy.
2. Convert documents into PDF using any PDF converter tool or inbuilt PDF
conversion functionality of word processing software.
3. Scan the documents viz. notorized affidavit(s) signed vakalatnama,
certified copy of order or award/agreement and annexures etc. (other than
text material) using 300 dpi.
4. Merge both type documents, prepared in MS word or open office and
scanned, in a single PDF searchable (OCR i.e. Optical Character
Recognition/Reader) and bookmark the documents strictly as per the index
of hard-copy. Burn the merged single file on a CD-R/DVD-R.
5. Present hard-copy, as usual, along with the CD-R/DVD-R at the Delhi High
Court filing counter at the time of filing. (Details of the case be
written in black ink using black marker on the CD mailer (padded) cover
as well as on CD under the signature of counsel).
The Advocate will give an undertaking on the hard-copy in the following format:
“Certified that the soft copy filed herewith is a replica of the hard-copy
filed.
For any assistance and training please contact Mr. Sarsij Kumar, System
Analyst, and Mr. Zameem Ahmad Khan, Programmer, Computer Cell, Ground Floor, A-

Block, Delhi High Court, New Delhi. (011-43010101, Ext. No. 4563).
REGISTRAR(LISTING)
PRACTICE DIRECTIONS FOR ISSUANCE OF SUMMONS/NOTICES
THROUGH SPEED POST / REGISTERED POST WITH PROOF OF
DELIVERY (POD) IN THE HIGH COURT OF DELHI

1. These practice directions will apply in all cases where the Hon’ble Court has
ordered issuance of summons/notices through Speed Post or Registered Post.
These Practice Directions will come into force immediately.
2. In all cases where summons/notices have been ordered by Hon’ble Court to
be served through Speed Post or Registered Post the following procedure
will be followed:
a) The Advocate/Party-in-Person will file Process Fee at the Filing
Counter, Delhi High Court, clearly mentioning therein his contact
number and address along with copies of the petition/application to be
sent with the summons/notices and adequate numbers of the
envelopes specially designed, containing proof of delivery (PoD)
bearing the address of the respondent/addressee. These envelopes are
available at the Extension Counter set up by the Department of Posts
in the Receipt and Despatch Branch, Main Building, ‘A’ Block, Delhi
High Court.
b) The Process Fee Form along with envelope(s) and the copies of
petition/application so filed will be sent by the Filing Counter to the
concerned Branch for preparation of summons/notices.
c) The concerned branch will prepare the summons/notices within a
period of three working days of receiving the process fee form from
the filing counter. The branch will immediately thereafter send the
copies of summons/notices, envelope(s) and copy of the
petition/application to the Receipt & Despatch Branch, which will seal
the process in the envelope(s).
d) The Advocate/Party-in-Person will collect sealed envelope(s) from the
Receipt and Despatch Branch and submit them directly at the
extension counter set up by the Department of Posts.
e) The Advocates will pay the following charges directly at the Counter
set up by the Department of Posts.
i) Speed Post charges for the article as determined by the
Department of Posts.
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ii) Speed Post charges for the PoD as determined by the
Department of Posts.
iii) Handling charges @ Rs.5/- per acknowledgment (PoD) at the
time of booking of the article.
iv) Scanning charges for the PoD @ Rs.10/- at the time of booking
of the article.
3. The Speed Post charges paid once will not be refunded even if the
article is not delivered or is received back unserved.
4. The concerned Advocate/Party-in-Person will file an affidavit of
service along with the receipt of summons/notices sent in the specially
designed envelope(s) through Speed Post and the tracking report as
available on the net.
5. The Department of Posts will send the scanned copy of the PoD
electronically to the e-mail ID of the nominated officer of the Delhi
High Court immediately on receipt of the same in the concerned Post
Office.
6. The undelivered/refused articles or the duly signed PoD (or its
scanned copy) received in the Receipt & Despatch Branch will be sent
to the concerned Branches for further necessary action.
7. If the advocate/party concerned desires to have a scanned copy of the
POD then he may furnish his e-mail ID at the time of filing of Process
Fee form and should send a request to the Assistant Registrar
(Appellate) (Email [email protected]) through email in this
regard, who shall forward the scanned copy of the POD received
electronically from the Department of Posts.

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05.02.2014 J-1 FOR PRONOUNCEMENT OF JUDGMENTS (APPLT. JURISDICTION)
05.02.2014
COURT NO.3
(DIVISION BENCH-3)
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
H O N'BLE MR. JUSTICE J A YANT NATH
FOR PRONOUNCEMENT OF ORDER
1. LPA 817/2013 HOTI LAL RAJENDER DUTT
VS. DELHI DEVELOPMENT RAJIV BANSAL
AUTHORITY & ORS. ANCHIT SHARMA
COURT NO. 6
EXTENSION BLOCK (SECOND FLOOR)
HON'BLE MR. JUSTICE SANJIV KHANNA
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
AT 3.30 P.M
(1) INCOME TAX APPEAL NO. 735/2011

DIRECTOR OF INCOME TAX ..... Appellant
Through Mr. Sanjeev Sabharwal & Mr. N.P. Sahni, Sr. Standing Counsel.
Versus
M/S E FUNDS IT SOLUTION ..... Respondent
Through Mr. S. Ganesh, Sr. Advocate with Mr. Anand Sukumar, Advocate.
(2) INCOME TAX APPEAL NO. 736/2011
DIT-1 INTERNATIONAL TAXATION ..... Appellant
Through Mr. Sanjeev Sabharwal & Mr. N.P. Sahni, Sr. Standing Counsel.
Versus
M/S E FUNDS CROPORATION ..... Respondent
Through Mr. S. Ganesh, Sr. Advocate with Mr. Anand Sukumar, Advocate.
05.02.2014 J-2 FOR PRONOUNCEMENT OF JUDGMENTS (APPLT. JURISDICTION)
(3) INCOME TAX APPEAL NO. 737/2011
DIT-1 INTERNATIONAL TAXATION ..... Appellant
Through Mr. Sanjeev Sabharwal & Mr. N.P. Sahni, Sr. Standing Counsel.
Versus
M/S E FUNDS CROPORATION ..... Respondent
Through Mr. S. Ganesh, Sr. Advocate with Mr. Anand Sukumar, Advocate.
(4) INCOME TAX APPEAL NO. 738/2011
DIT-1 INTERNATIONAL TAXATION ..... Appellant
Through Mr. Sanjeev Sabharwal & Mr. N.P. Sahni, Sr. Standing Counsel.
Versus
M/S E FUNDS IT SOLUTION INC. ..... Respondent
Through Mr. S. Ganesh, Sr. Advocate with Mr. Anand Sukumar, Advocate.
(5) INCOME TAX APPEAL NO. 739/2011
DIRECTOR OF INCOME TAX ..... Appellant
Through Mr. Sanjeev Sabharwal & Mr. N.P. Sahni, Sr. Standing Counsel.
Versus
M/S E FUNDS CORPORATION ..... Respondent
Through Mr. S. Ganesh, Sr. Advocate with Mr. Anand Sukumar, Advocate.
(6) INCOME TAX APPEAL NO. 740/2011
DIRECTOR OF INCOME TAX ..... Appellant
Through Mr. Sanjeev Sabharwal & Mr. N.P. Sahni, Sr. Standing Counsel.
Versus
M/S E FUNDS CORPORATION ..... Respondent
Through Mr. S. Ganesh, Sr. Advocate with Mr. Anand Sukumar, Advocate.
(7) INCOME TAX APPEAL NO. 802/2011
DIRECTOR OF INCOME TAX ..... Appellant
Through Mr. Sanjeev Sabharwal & Mr. N.P. Sahni, Sr. Standing Counsel.
Versus
M/S E FUNDS IT SOLUTION INC. ..... Respondent
Through Mr. S. Ganesh, Sr. Advocate with Mr. Anand Sukumar, Advocate.
05.02.2014 J-3 FOR PRONOUNCEMENT OF JUDGMENTS (APPLT. JURISDICTION)
(8) INCOME TAX APPEAL NO. 845/2011
DIRECTOR OF INCOME TAX ..... Appellant
Through Mr. Sanjeev Sabharwal & Mr. N.P. Sahni, Sr. Standing Counsel.
Versus
M/S E FUNDS CORPORATION INC ..... Respondent
Through Mr. S. Ganesh, Sr. Advocate with Mr. Anand Sukumar, Advocate.
(9) INCOME TAX APPEAL NO. 912/2011
E FUNDS CORPORATION ..... Appellant
Through Mr. S. Ganesh, Sr. Advocate with Mr. Anand Sukumar, Advocate.
Versus
DIRECTOR OF INCOME TAX ..... Respondent
Through Mr. Sanjeev Sabharwal & Mr. N.P. Sahni, Sr. Standing Counsel.
(10) INCOME TAX APPEAL NO. 913/2011
E FUNDS CORPORATION ..... Appellant
Through Mr. S. Ganesh, Sr. Advocate with Mr. Anand Sukumar, Advocate.
Versus
ASSISTANT DIRECTOR OF INCOME TAX ..... Respondent
Through Mr. Sanjeev Sabharwal & Mr. N.P. Sahni, Sr. Standing Counsel.
(11) INCOME TAX APPEAL NO. 914/2011
E FUNDS CORPORATION ..... Appellant
Through Mr. S. Ganesh, Sr. Advocate with Mr. Anand Sukumar, Advocate.
Versus
ASSISTANT DIRECTOR OF INCOME TAX ..... Respondent
Through Mr. Sanjeev Sabharwal & Mr. N.P. Sahni, Sr. Standing Counsel.
(12) INCOME TAX APPEAL NO. 915/2011
E FUNDS CORPORATION ..... Appellant
Through Mr. S. Ganesh, Sr. Advocate with Mr. Anand Sukumar, Advocate.
Versus
ASSISTANT DIRECTOR OF INCOME TAX ..... Respondent
Through Mr. Sanjeev Sabharwal & Mr. N.P. Sahni, Sr. Standing Counsel.
05.02.2014 J-4 FOR PRONOUNCEMENT OF JUDGMENTS (APPLT. JURISDICTION)
(13) INCOME TAX APPEAL NO. 916/2011
E FUNDS IT SOLUTIONS GROUP INC ..... Appellant
Through Mr. S. Ganesh, Sr. Advocate with Mr. Anand Sukumar, Advocate.
Versus
DIRECTOR OF INCOME TAX ..... Respondent
Through Mr. Sanjeev Sabharwal & Mr. N.P. Sahni, Sr. Standing Counsel.
(14) INCOME TAX APPEAL NO. 917/2011
E FUNDS CORPORATION ..... Appellant
Through Mr. S. Ganesh, Sr. Advocate with Mr. Anand Sukumar, Advocate.
Versus
ASSISTANT DIRECTOR OF INCOME TAX ..... Respondent
Through Mr. Sanjeev Sabharwal & Mr. N.P. Sahni, Sr. Standing Counsel.
(15) INCOME TAX APPEAL NO. 918/2011
E FUNDS IT SOLUTIONS GROUP INC ..... Appellant
Through Mr. S. Ganesh, Sr. Advocate with Mr. Anand Sukumar, Advocate.
Versus
ASSISTANT DIRECTOR OF INCOME TAX ..... Respondent
Through Mr. Sanjeev Sabharwal & Mr. N.P. Sahni, Sr. Standing Counsel.
(16) INCOME TAX APPEAL NO.919/2011
E FUNDS IT SOLUTIONS GROUP INC ..... Appellant
Through Mr. S. Ganesh, Sr. Advocate with Mr. Anand Sukumar, Advocate.
Versus
ASSISTANT DIRECTOR OF INCOME TAX ..... Respondent
Through Mr. Sanjeev Sabharwal & Mr. N.P. Sahni, Sr. Standing Counsel.
(17) INCOME TAX APPEAL NO. 920/2011
E FUNDS IT SOLUTIONS GROUP INC ..... Appellant
Through Mr. S. Ganesh, Sr. Advocate with Mr. Anand Sukumar, Advocate.
Versus
ASSISTANT DIRECTOR OF INCOME TAX ..... Respondent
Through Mr. Sanjeev Sabharwal & Mr. N.P. Sahni, Sr. Standing Counsel.
05.02.2014 J-5 FOR PRONOUNCEMENT OF JUDGMENTS (APPLT. JURISDICTION)
(18 INCOME TAX APPEAL NOS. 1002/2011
DIRECTOR OF INCOME TAX ..... Appellant
Through Mr. Sanjeev Sabharwal & Mr. N.P. Sahni, Sr. Standing Counsel.
Versus
E FUNDS IT SOLUTION INC ..... Respondent
Through Mr. S. Ganesh, Sr. Advocate with Mr. Anand Sukumar, Advocate.
(19) INCOME TAX APPEAL NO. 1200/2011
E FUNDS IT SOLUTION GROUP INC ..... Appellant
Through Mr. S. Ganesh, Sr. Advocate with Mr. Anand Sukumar, Advocate.
Versus
ASSISTANT DIRECTOR OF INCOMNE TAX..... Respondent
Through Mr. Sanjeev Sabharwal & Mr. N.P. Sahni, Sr. Standing Counsel.
(20) INCOME TAX APPEAL NO. 1201/2011
E FUNDS IT SOLUTION GROUP INC ..... Appellant
Through Mr. S. Ganesh, Sr. Advocate with Mr. Anand Sukumar, Advocate.
Versus
ASSISTANT DIRECTOR OF INCOMNE TAX..... Respondent
Through Mr. Sanjeev Sabharwal & Mr. N.P. Sahni, Sr. Standing Counsel.
(21) INCOME TAX APPEAL NO. 1202/2011
E FUNDS CORPORATION ..... Appellant
Through Mr. S. Ganesh, Sr. Advocate with Mr. Anand Sukumar, Advocate.
Versus
ASSISTANT DIRECTOR OF INCOMNE TAX..... Respondent
Through Mr. Sanjeev Sabharwal & Mr. N.P. Sahni, Sr. Standing Counsel.
(22) INCOME TAX APPEAL NO. 1203/2011
E FUNDS CORPORATION ..... Appellant
Through Mr. S. Ganesh, Sr. Advocate with Mr. Anand Sukumar, Advocate.
Versus
ASSISTANT DIRECTOR OF INCOMNE TAX..... Respondent
Through Mr. Sanjeev Sabharwal & Mr. N.P. Sahni, Sr. Standing Counsel.