Delhi Court February 1993 Judgments
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Marwah and Co. Vs. Asstt. Commissioner of
Court: Income Tax Appellate Tribunal ITAT Delhi
Decided on: Feb-26-1993
Reported in: (1993)46ITD42(Delhi)
1. These are appeals filed by an Individual, a firm, in which, the individual is a partner, which appeals are interconnected and hence the appeals, have been grouped together and disposed of by this composite order. The inter-connected issue, is, whether, the organizing activity of the lottery for Indian Naval Benevolent Fund, was of the individual or of the firm and, the consequential issue is, in whose hands, the income from running of this organizing of the lottery, is assessable.The contention of the assessee, is that, the organizing of the lottery, was of the firm, while, the revenue, had treated, the activity, as of the individual. Since, the revenue, had treated the income, as of the individual, it had refused registration to the firm. In view of the issues, being inter-woven, we proceed to deal with the issues, on that basis.2. The facts, in brief are that, Indian Naval Benevolent Fund (hereinafter referred to as INBA), functioning from the Naval Headquarters, New Delhi, throu...
Atma Ram Trust Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Delhi
Decided on: Feb-26-1993
Reported in: (1993)45ITD556(Delhi)
1. There are two appeals by the assessee pertaining to the assessment years 1983-84 and 1984-85. Since issues involved in both these appeals are common and based basically on the identical reasoning, therefore, for the sake of convenience, these appeals are being disposed of by this consolidated order.2. The grievance of the assessee is that the CIT (Appeals) erred in not allowing depreciation on truck Nos. DEG-1352 and DEG-1353 owned and used by the assessee for its business purposes. Facts of the case are that the assessee trust derives income from car parking, rent and income from truck hiring. The assessee trust by way of amendment made to Clause 4 of the Trust Deed executed on 19-12-1981 by virtue of resolution passed at the meeting of the trustees resolved to include owning, operating and hiring vehicles, trucks also as one of the purpose for generating income from the trust and for such purpose to carry on such incidental activities as were necessary to carry on the business of...
India Telecomp Limited Vs. Union of India and ors.
Court: Delhi
Decided on: Feb-26-1993
Reported in: 50(1993)DLT117; 1993(25)DRJ605
D.P. Wadhwa, J. (1) This judgment will apply to four different writ petitions. The challenge, however,in all these petitions is to the non-inclusion of the petitioners in the final list of eight parties for grant of license to operate the Cellular Mobile Telephone Services in four cities,namely, Bombay, Delhi, Calcutta and Madras. These are C.W.P. No. 4030/92 (India Telecomp Limited), C.W.P. No. 4031/92 (Adino Telecom Limited), C.W.P. 4302/92(Kanazia Digital Systems Pvt. Ltd), and C.W.P. 163/92 (M/s. Hutchison Max TelecomPvt. Ltd). Respondents number 11. First three respondents are the Union of India through the Department of Telecommunications (DoT), Director General of Telecommunications,and Chairman, DoT. Other eight respondents are those to whom licenses to run the Cellular Mobile Telephone Services have been agreed to be given though provisionally.It is better to set out their names as well:- 1. Tata Cellular P. Ltd. (respondent No.4) 2. Bharti Cellular, (respondent No.5) 3. Skyce...
Panakkal Mohamed Basheer Vs. Union of India and ors.
Court: Delhi
Decided on: Feb-26-1993
Reported in: 1993(25)DRJ525
D.P. Wadhwa, J.(1) There appears to be no end of grievance of candidates for seeking admission to post graduate courses in medical colleges in the all India quota and thus endless filing of writ petitions. At times their grievance does appear to be quite genuine but because of the eratic working of the scheme and unintentional mistake or negligence various courts judgments at times flouted and usual delays in disposal of the cases there mostly attributable to the strike by lawyers), the candidates do not get justice in time.(2) All these petitions numbering nine pertain to admission to post graduate courses in various specialities in all India quota for the year 1992.(3) The entrance examination is conducted by the All India Institute of Medical Sciences (AIIMS). When results are declared data regarding candidates is fed into computer by Aiims and then submitted to the Director General, Health Services (DGHS) for allotment purposes as per choices given by the candidates of their subjec...
Ajit Singh Dua Vs. Central Board of Secondary Education
Court: Delhi
Decided on: Feb-26-1993
Reported in: 1993(26)DRJ12
Vijender Jain, J. (1) This is really an astonishing case which has come to our notice. Normally we would not have interfered in the matter but for the fact that career of three students need not mar for no fault of their as it would appears to us. (2) The three students who are petitioners before us are students of Guru Harkrishan Public School. Fateh Nagar, New Delhi. They are to appear in Board Examination for 10th Class, to be held by Central Board of Secondary Education (CBSE). the first respondent and beginning on 2 March 1993. We issued show cause notice to the respondents who number five. First two respondents are respectively C.B.S.E. and Chairman of Cbse, the third respondent is the Management of Delhi Sikh Gurudwara Prabandhak Committee, the fourth the Principal, Guru Harkrishan Public School, Fateh Nagar, New Delhi, and the fifth is the Chairman, Managing Committee of Guru Harkrishan Public School, Fateh Nagar, New Delhi. Mr. Avtar Singh Hit, Chairman of Managing Committee o...
S.N. Aggarwal Vs. Union of India and ors.
Court: Delhi
Decided on: Feb-26-1993
Reported in: 2000IIAD(Delhi)225
B.N. Kirpal, J.(1) This order will dispose of the application filed by three applicants who, pursuant to the orders passed by this Court, were appointed to the Delhi Higher Judicial Service as Additional District & Sessions Judges. (2) Apprehending that there may be some delay in the conduct of the medical examinations, on 28th November, 1991 this Court directed and clarified that their appointment orders should be issued even without the receipt of medical reports but in the orders of appointment it should be stated that their appointment was subject to the candidate being found to be medically fit. On 29th November, 1991 this Court was informed that appointment orders in respect of two of the Scheduled Caste candidates, who had also been directed to be appointed, had been issued but in respect of the applicants herein appointment orders had not been issued because it was contemplated by the Lt. Governor that Special Leave Petition should be filed against the order dated 28th November...
Indian Railway Construction Company Ltd. and ors. Vs. A.K. Dogra
Court: Delhi
Decided on: Feb-26-1993
Reported in: 50(1993)DLT200; 1993(25)DRJ472; (1993)IILLJ45Del
Anil Dev Singh, J.(1) This is an appeal directed against the judgment and order of the learned single Judge dated May 27,1991 in Cwp No.3406 of 1990 whereby the orders of the appellant No.1 dated September 6,1990 and October 22,1990 terminating the services of the respondent have been quashed, with a declaration that the respondent will continue to remain in service of the appellant till his services are terminated in accordance with law, or until be attains the age of superannuation.(2) The facts of the case lie in a narrow compass and are not in dispute. Pursuant to an advertisement the respondent who was serving as Lt. Colonel in the Indian Army, applied for the post of Chief Project Manager under the control of appellant No.1. The said appellant by its letter dated December 22,1988 offered to the respondent the post of Chief Project Manager in the scale of 2250-2500 for a period of two years. The said letter of offer explicitly stated that the appointment to the post of Chief Proje...
B. M. Sahni (Huf) Vs. Wealth-tax Officer.
Court: Delhi
Decided on: Feb-26-1993
Reported in: [1993]46ITD134(Delhi)
ORDERPer Vimal Gandhi, J.M. - These are bunch of appeals by Partners of Firm M/s. Ishardas Sahni & Brothers, New Delhi which on the valuation dates, now before us, held immovable properties. In these appeals, we are concerned with dispute relating to valuation of following properties :1. Odeon Cinema, Connaught Place, New Delhi.2. Naaz Cinema, Lucknow.3. Land at Shanker Road, New Delhi.4. Property at Faiz Bazar, Daryaganj, New Delhi.2. We would first consider valuation of Odeon Cinema, New Delhi and Naaz Cinema, Lucknow. The facts pertaining to valuation of Odeon Cinema are that above firm owned cinema building on the valuation dates which stood constructed on a lease hold and leased to the assessed in 1939. Out of the total of 1,444 sq. yds. an area of 367.82 sq. yds. is with tenants running different establishments around the theatre. The balance area of 1076 sq. yards inclusive of area under auditorium is with the management (owners).3. The dispute relating to valuation of Cinema ca...
M/S. Hind Trading and Manufacturing Co. Vs. M/S. Didi Modes Pvt. Ltd. ...
Court: Delhi
Decided on: Feb-25-1993
Reported in: AIR1993Delhi301; 51(1993)DLT98
1. M/s. Hind Trading and Manufacturing Co., the plaintiff has filed this suit for recovery of possession and recovery of license fee and damages. The case set up by the plaintiff is that the plaintiff is the joint Hindu Family partnership firm registered under the Indian Partnership Act. An intimation was sent to the Registrar of the Firm regarding the change in the constitution of the firm. The defendants attorney to the partnership firm by paying license fee and by other conduct. The plaintiff firm is the successor firm of the old firms. The plaint has been signed and verified by Sh. Mahendra Kumar Jain as the Managing Partner of the plaintiff firm. The defendant is stated to be a Private Limited Company registered under the Companies Act. Defendant No. 2 is its Managing Director. The Plaintiff firm had taken the site, plot No. 243 of Block B in the lay out of Okhla Industrial Area, Phase I, New Delhi from the President of India on Perpetual Lease under the Deed dated 18th June, 1973...
Scooter India Ltd. Vs. Subhash Chander Pahwa
Court: Delhi
Decided on: Feb-25-1993
Reported in: 50(1993)DLT84
Santosh Duggal, J. (1) This application under Order 41, Rule 27CPC was filed by the appellant Along with the second appeal against the order passed by the Rent Control Tribunal, Delhi dated 30/03/1991whereby the appeal filed by the respondent herein was allowed. (2) A brief resume of the facts reveals that the eviction petition was filed by the respondent herein under clause (b) of proviso to Section 14(1) of the Delhi Rent Control Act, (for short 'the Act'). The eviction petition was filed against the tenant M/s. Scooter India Ltd. (appellant herein). It is to be noted that the alleged Sub-tenant Shri V.S. Singhal was neither imp leaded in the eviction petition nor in the appeal filed by the landlord/respondent, before the Rent Control Tribunal. (3) The appellant prays for grant of an opportunity to produce additional evidence, which is in the nature of documentary evidence, spelt out in details in the application itself. (4) I have heard today learned Counsel for the parties on thisa...
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