Delhi Court March 1996 Judgments
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income-tax Officer Vs. Smt. Adarsh Kaur
Court: Income Tax Appellate Tribunal ITAT Delhi
Decided on: Mar-01-1996
Reported in: (1982)2ITD312(Delhi)
1. These four appeals by the ITO pertain to the assessment years 1957-58 to 1960-61. For the sake of convenience, they are being disposed of by this common order.2. The assessee is a resident of Panama, she was married in 1954 when she was in India and had a child in 1955. The assessment in the assessment year 1957-58 was reopened as the assess had not disclosed any income. The assessee, however, did not file a return. The ITO accordingly made and ex parte assessment under Section 144 of the Income-tax Act, 1961 ('the Act') on a total income of Rs. 2,17,138.3. In the assessment year 1958-59 a similar ex parte assessment was made on a total income of Rs. 1,11,867. In the assessment year 1959-60, the ex parte assessment was made on a total income of Rs. 1,78,225 and in 1960-61 at Rs. 35,983.4. The assessee's application under Section 146 of the Act was dismissed by the ITO but when the matter came in appeal before the AAC it was urged that the notice was never served either on the asses...
Bedi Construction Co. Vs. Delhi Development Authority and ors.
Court: Delhi
Decided on: Mar-01-1996
Reported in: 62(1996)DLT190
N.G. Nandi, J.(1) The petitioner prays for the direction to respondent No. 4 (the sole Arbitrator), to file the original award dated 28.12.1992, rendered by the said Arbitrator between the petitioner (contractor) and the respondents, under Sections 14 and 17 of the Arbitration Act and making the same rule-decree of the Court. (2) Vide order dated 8.1.1993, notice was issued to respondent No. 4, the Sole Arbitrator, directing him to file the award along with the arbitration proceedings. Consequent upon respondent No. 4 filing the award along with the arbitration proceedings, vide order dated 14.5.93, the notice of filing of the award was issued to the respondents. The petitioner accepted the notice. Respondent No. vide is 9860/93, filed objections to the award on 9.7.1993. Respondents 2 and 3 did not file any separate objections. Thereafter the issues have been framed by my learned Predecessor vide order dated 21.9.1994 and the Counsel for the parties stated that there is no need to fil...
Ambica Processing Inds Vs. Union of India
Court: Delhi
Decided on: Mar-01-1996
Reported in: 1996IAD(Delhi)1008; 1996(36)DRJ668
S.K. Mahajan, J.(1) Under a rate contract dated June 6, 1984 for supply of fumigation covers, the Central Warehousing Corporation, (in short referred to as 'CWC'), placed two supply orders upon the petitioner for the supply of 1,353 fumigation covers at the rate of 8,374 per cover inclusive of excise duty, insurance, etc. but exclusive of sales tax For destination rail head. According to Cwc, there was delay in the supply of the said fumigation covers and it, thereforee, decided to recover liquidated damages at the rate of ten per cent. of the entire contract value from the petitioner. The petitioner disputed this levy of liquidated damages and sought disputes to be referred to an arbitrator. Certain other amount was also claimed by the petitioner. These disputes, including the levy of liquidated damages were referred to the arbitration of Mr.B.S. Ramaswamy, respondent No.2. Cwc also preferred a counter claim of Rs.2,899.00 towards undercharges, wharfage, etc.(2) The arbitrator, after ...
Rattan Kumar Gupta Vs. Mahanagar Telephone Nigam Ltd.
Court: Delhi
Decided on: Mar-01-1996
Reported in: 1996(37)DRJ491
Lokeshwar Prasad, J. (1) The petitioner, in the present writ petition, is a telephone subscriber , having a telephone connection, bearing No. 538471, in his name, installed at his residence, situated at House No. 2, Road No. 55, Punjabi Bagh, New Delhi. The above said telephone was having Std facility. However, on the request of the petitioner, made by him vide letter dated 23.11.87, the Std facility was barred/withdrawn on 7.12.87 and since then there is no Std facility available to the petitioner on the above said telephone.(2) The case of the petitioner is that he had been receiving the bills as per the meter reading and malting the payments of the same to the respondent regularly on due dates.(3) It is alleged that for the call charges from 15.6.91 to 15.10.91 the petitioner received a bill from the respondent for 80,817 calls, amounting to Rs. 89,047.70. The petitioner approached the respondent and the Accounts Officer, Revenue West(III) vide order dated 20.12.91 directed the peti...
Atlas Industrial Corporation Vs. Graphic Machineries
Court: Delhi
Decided on: Mar-01-1996
Reported in: II(1996)BC93; 63(1996)DLT87
Manmohan Sarin, J. (1) By this order I would be disposing of the above application filed by the respondent under Section 34 of the Arbitration Act, 1940 for stay of the present suit. (2) The present suit for recovery was filed by the plaintiff for recovery of Rs. 6,17,000.00 together with interest on 25th of January, 1995. The defendant immediately on being served, submitted that he would be moving an application under Section 34 of the Arbitration Act for stay of the suit. The present application thus, came to be filed. The contention of the applicant/defendant in brief is that : (I)The plaintiff and defendant had entered into an agreement for Sole Selling Agency dated 15th January, 1992. The said agreement contains an arbitration agreement in Clause Ii which is as under : 'IN the event of any dispute arising on account of interpretation and / or performance of the terms and conditions of this agreement, the same shall be referred to arbitration in accordance with the provision of Ind...
Bedi Construction Co. Vs. A.P. Paracer and anr.
Court: Delhi
Decided on: Mar-01-1996
Reported in: 62(1996)DLT479; (1996)113PLR53
N.G. Nandi, J.(1) This is an application under Sections 14 and 17 of the Arbitration Act, read with Section 3 of the Interest Act, 1978 by one of the parties to the arbitration proceedings, praying for the direction to respondent No. I, the sole Arbitrator, to file the original award rendered on 11.5.1992 with all its depositions, documents and for making the said award the rule of the Court and decree in favor of the petitioner. (2) On filing of this petition and the same having been numbered as the suit, by order dated 10.7.1992, notice was issued to respondent No. I-Arbitrator, directing him to file the award along with the proceedings. After filing of the award along with the original proceedings, notice under Section 14(2) of the Act was issued to respondent No. 2. On receipt of notice, aforestated, respondent No. 2, the other party to the arbitration proceedings, vide is 103/93, filed objections under Sections 30 and 33 of the Arbitration Act and prayed for acceptance of the obje...
Mohar Singh and anr. Vs. Sardari Lal and ors.
Court: Delhi
Decided on: Mar-01-1996
Reported in: II(1996)BC85; 63(1996)DLT55
N.G. Nandi, J.(1) In this suit for declaration of shares of the plaintiffs in the profit and loss and net assets of the dissolved partnership firm (w.e.f. 31.10.1994) Shri Giriraj Trading Company at 15% and 10% respectively and require the defendants to render true, just and correct accounts of the said partnership firm w.e.f. 17.1.1982 till the defendant continue to use the assets etc. of the partnership firm and for a preliminary decree directing the defendants to render accounts of the partnership firm M/s. Goverdhan Traders with a further prayer for the appointment of the Local Commissioner to go into the accounts of the firm, also requiring the defendants to render accounts to the plaintiffs,byl.A. 3862/95, under0rder39, Rules 1 & 2, Cpc, the plaintiffs pray for ad interim injunction restraining the defendants from, in any manner, using the properties, goodwill and name of the partnership firm Shri Giriraj Trading Company and carrying on similar business in the firm's name Shri Gi...
Paramount Publicity Pvt. Ltd. and anr. Vs. New Delhi Municipal Committ ...
Court: Delhi
Decided on: Mar-01-1996
Reported in: 62(1996)DLT156
N.G. Nandi, J.(1) In a suit for permanent injunction seeking to restrain defendant from removing, defacing, damages and/or interfering in any manner whatsoever, with the plaintiff's hoardings as detailed in Anncxure-A, the plaintiffs by this application seeks to the restrain the defendant in identical terms pending the hearing and disposal of the suit. (2) -THE plaintiff is engaged in the business of outdoor publicity/advertisement, inter alia, display of hoardings and limited display of neon signs in Delhi and other places at various places; that the plaintiff applied for the permission from the defendant for advertisement and display of hoardings for the sites. As shown in Annexure-A; That out of the six sites shown in Annexure-A, four belongs to Northern Railways whereas two others to private individuals. The communication of the plaintiff seeking permission is said to be Annexure-F; that the defendant is required to dispose of the said application within the period of 60 days and t...
Indian Oil Corporation Vs. Mastana Jogi International (Pvt.) Limited
Court: Delhi
Decided on: Mar-01-1996
Reported in: 1996IIAD(Delhi)280; 62(1996)DLT195
Manmohan Sarin, J.(1) By this order 1 shall be disposing of I.A. No. 7767/95 moved under order Ix Rule 13 Civil Procedure Code for setting aside the decree dated 16.2.1995 and an earlier order dated 3.2.1995, whereby the plaintiff's right to file the written statement was closed. I.A. 7768/95 is another application seeking stay of the operation of the decree. (2) The facts in brief may be noticed :- (I)The plaintiff-Indian Oil Corporation, filed this suit against the defendant for recovery of Rs. 10,57,370.62 (Rs. Ten lacs fifty seven thousand three hundred seventy and sixty two paise) alleging short supply and failure to make the supply in terms of purchase order dated 3.2.1989, placed on the defendant for the supply of consumer credit booklet and domestic consumer cards. The claim in suit is on account of higher rate paid for risk purchase and short suplies. (ii) The suit was instituted on 24.4.1992. The defendant was served for 18.3.1993, when four weeks's time was granted for filin...
Oriental Bank of Commerce Vs. Mohan Gupta
Court: Delhi
Decided on: Mar-01-1996
Reported in: 1996IIAD(Delhi)368; 62(1996)DLT239
Manmohan Sarin, J.(1) This is an appeal preferred by the defendant for setting aside the order dated 12.7.1995 passed by Deputy Registrar (Original Side) transferring the Suit No. 550/94 to the Debt Recovery Tribunal. (2) The present suit had been filed by the plaintiff bank against defendant Sh. Mohan Gupta for recovery of Rs. 18,26,014.22 (Rs.Eighteen lacs twenty six thousand fourteen and twenty two paise). The suit was titled as a mortgage suit under Order 34 CPC. The defendant was an officer in the establishment department, processing the vouchers of travel expense and allowance, claims for medical/hospitalisation and cases for grant of medical aid. The defendant was also holding authorization for passing voucher for payment, issuance of payment orders and allowing cash payments. The defendant was accused of forgery and falsification of records and embezzlement of lacs of rupees. It was averred that the defendant opened fictitious accounts, drew cheques and got them encased and emb...
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