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Delhi Court September 1998 Judgments

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Sep 14 1998 (TRI)

Milkfood Limited Vs. Deputy Commissioner of

Court: Income Tax Appellate Tribunal ITAT Delhi

1. The appeal preferred by the assessee is directed against the order of the CIT(A) for the asst. yr. 1989-90.2. The learned counsel of the assessee did not press for the grounds 1 and 2 raised relating to reopening of assessment under s. 147 and accordingly the same need no adjudication and are rejected.3. In ground Nos. 3 to 13 the substantive issue raised is against confirming an addition of Rs. 52,54,635 on account of bogus purchase of rice husk from Shri Balwant Singh. The facts in brief, are that the assessee-company was running a milk plant at Bahadurgarh and for processing of milk for various end products the assessee-company used coal and rice husk for use in the boilers for generation of required steam. There was a search at the business and office premises of the assessee-company. During the course of search certain books of account and documents were seized by the Department. It was revealed during the course of search that the assessee-company made purchases of rice husk ...

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Sep 14 1998 (HC)

Vikramaditya JaIn (Minor) Vs. Union of India and Others

Court: Delhi

Reported in: 1998VIAD(Delhi)386; AIR1999Delhi232; 1998(47)DRJ410; ILR1998Delhi883

ORDERAnil Dev Singh, J.1. This is a writ petition whereby the petitioner challenges the order of his expulsion dated June 2, 1998 from the American Embassy School. The facts lie in a narrow compass. 2. In the year 1993 the petitioner joined the third respondent American Embassy School (formerly known as American International School), in the VII Standard. The petitioner was eventually promoted to the High School of the same institution. By means of a letter dated August 8, 1997 the fourth respondent the Principal of the School Mr. Kevin Schafer, informed the parents of the petitioner that he was being placed on final probation for remainder of his enrolment at the school in view of the seriousness of the disciplinary issues. It was also pointed out that in case any further disciplinary issues arise with the petitioner the school will immediately proceed with his expulsion. It was further stated that the letter serves as a final warning to the petitioner. On May 22, 1998 the petitioner ...

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Sep 14 1998 (HC)

R.K. Apartments Pvt. Ltd. and Another Vs. Smt. Aruna Bahree and Others

Court: Delhi

Reported in: 1998VIAD(Delhi)513; 1(1998)CLT338; 77(1999)DLT193; 1999(48)DRJ603

ORDER1. This appeal by defendants 1 to 2 is directed against an order dated November 17, 1994 of the learned Single Judge allowing is 967/93, dismissing is 2127/93 and confirming the ex-parte injunction order passed in is No. 967/93 on January 27, 1993.2. Suit was filed, inter alia, alleging that the land measuring 11 Bighas and 10 bids was in Village Kharera now forming part of Hauz Khas was purchased by plaintiffs 2,3,7 and Mrs. Prakash Bhandari, predecessor-in-interest of plaintiff No.1 from Mirza Ayub Beg under separate sale deeds, all dated March 22, 1957. Sale deeds in favor of plaintiffs 2 & 7 were for 2 Bighas and 17 bids was each while favouring plaintiff No.3 and Mrs. Prakash Bhandari for 2 Bighas and 18 bids was each. Mrs. Prakash Bhandari gifted her share in the land to her daughter, plaintiff No.1 under a registered gift deed dated January 28, 1970. There had been dispute between the plaintiff No.1, her son Vidur Bahree, defendant No.3 and her brother Deepak Bhandari, defe...

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Sep 14 1998 (HC)

D.C.M. Financial Services Limited Vs. Khaitan Hostombe Spinels Ltd.

Court: Delhi

Reported in: 1998VIAD(Delhi)696; 75(1998)DLT629; 1998(47)DRJ210; (1998)120PLR56

ORDERDr. M.K. Sharma, J.1. The present suit was instituted by the plaintiff under the provisions of Order xxxvII of the Code of Civil Procedure praying for a decree against the defendant for a sum of Rs.93,81,675/- Along with interest pendentelite and future. On 8.2.1996 the suit was registered. Summons and notices were ordered to be issued to the defendant by registered post as also through ordinary process. Subsequently, however, the plaintiff filed an interim application registered as I.A.No.1834/1996 for adding the registered office of the respondent at Kanpur. The aforesaid application filed by the plaintiff was allowed, in pursuance of which summons and notices were directed to be issued to the defendant at the said address also. On 12.4.1996 it was directed that the service report on the defendant be awaited and in the mean time fresh summons/notices were directed to be issued through ordinary process as also through registered post. In pursuance to the same the summons/notices ...

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Sep 14 1998 (HC)

Vijay Kumar Vs. State of Delhi

Court: Delhi

Reported in: 1998VIAD(Delhi)812; 75(1998)DLT661; II(1998)DMC529; 1998(47)DRJ434

Held: In the impugned order though the learned Additional Sessions Judge while stating the facts of the case mentioned about the aforesaid averments in the complaint but while discussing the arguments advanced on behalf of the revisionist accused and while making his own discussion about forming prima facie opinion about the commission of offence under Section 329, IPC did not discuss whether the statement given by the complainant to the police appeared to be voluntarily or involuntarily. In her own complaint dated 22.3.2989 Smt. Manju Khullar admits that she had given a statement to the police that she had got bums due to stove when she was boiling the milk. Thus it was to be considered whether that statement was voluntary or forced.Secondly, the records of the case do not appear to substantiate that Smt, Manju Khul-lar remained in hospital for a period of one and 3/4 months in February/March, 2982 and that the complainant received bum injuries. Neither hospital records about admissio...

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Sep 14 1998 (HC)

Allied Trading Corporation Vs. National Seeds Corporation Limited and ...

Court: Delhi

Reported in: 1998VIAD(Delhi)885; 1998(47)DRJ193

ORDERDr. M.K.Sharma, J.1. Three purchase orders dated 9.11.1989, 8.1.1990 and 10.4.1990 were issued by the respondent in favor of the petitioner for supply of cloth bags. In terms of the aforesaid purchase orders the petitioner supplied cloth bags to the respondent No.1. The respondent however, did not release the entire payment to the petitioner for the aforesaid goods supplied to it and on that count disputes arose between the parties which were referred for adjudication and decision through arbitration. The arbitrator entered upon the reference and made and published his award on 22.3.1994. 2. Subsequent to making and publishing the said award a petition was filed in this court under Section 14 of the Arbitration Act praying for issuance of a direction to respondent No.2 to file the original award in this court. This court issued notice to the arbitrator for filing of the award, in pursuance of which the original award was filed in this court. The respondent has filed objections as ...

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Sep 14 1998 (HC)

Goodyear India Ltd. Vs. B.B. JaIn and ors.

Court: Delhi

Reported in: 1998VIIAD(Delhi)95; 75(1998)DLT620

Arun Kumar, J.1. The appellant M/s Goodyear India Limited (hereinafter referred to as the tenant) has filed the present appeal against the judgment and decree dated 7th April, 1998 passed by the learned Additional District Judge, Delhi, whereby the suit of the plaintiffs/respondents (hereinafter referred to as the landlords) for possession of the suit premises was decreed. The suit premises is an office - cum - godown on the ground floor and mezzanine floor of House No. XI/4239-A/1 (plot No. 2), 1 Ansari Road, Darya Ganj, Delhi. The premises was initially let out at a monthly rent of Rs. 1,445. The tenancy was renewed from time to time. 2. As per the plaint, the last agreed rent of the premises was Rs. 6,400/- per month besides water, electricity and house tax charges. The month of tenancy was as per the English calendar month starting from first day of every month and ending with last day of the month. The tenancy was terminated by a notice dated 10th November, 1989, calling upon the ...

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Sep 14 1998 (HC)

Divakar Mishra Vs. Union of India (Uoi) and ors.

Court: Delhi

Reported in: 1998(47)DRJ689

ORDERS ON APPLICATION SUBMITTED FOR VOLUNTARY RETIREMENT ON COMPASSIONATE GROUND AND PENALISATION OF PENSION. Respected Sir, It is most humbly submitted that I had applied for voluntary retirement from service on compassionate ground vide my application dated 27th May, 1993 submitted through proper channel (Dy. I.G.P., RAF) to your honour, with the request to condone the three (3) months notice period required as per the rules (copy enclosed for ready reference please as Appendix A). 2. That as per the advice/suggestion of Director General CRPF and as per his assurance vide para 5 of their letter No.O.II-626/70-Estt.I dated 27th May, 1993 (copy enclosed as Appendix B) that my request for voluntary retirement shall be considered sympathetically I requested Deputy Director (Estt.), Directorate General CRPF vide my letter No.T.IX-1/93-PF(DM) dated 18th June, 1993 (copy enclosed for ready reference as Append.C) for early consideration of my voluntary retirement by condoning notice perio...

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Sep 14 1998 (HC)

Milkfood Limited Vs. Deputy Commissioner of Income Tax

Court: Delhi

Reported in: (1999)65TTJ(Del)848

ORDERBY THE BENCH:The appeal preferred by the assessed is directed against the order of the Commissioner (Appeals) for the assessment year 1989-90.2. The learned counsel of the assessed did not press for the grounds 1 and 2 raised relating to reopening of assessment under section 147 and accordingly the same need no adjudication and are rejected.3. In ground Nos. 3 to 13 the substantive issue raised is against confirming an addition of Rs. 52,54,635 on account of bogus purchase of rice husk from Shri Balwant Singh. The facts in brief, are that the assessee- company was running a milk plant at Bahadurgarh and for processing of milk for various end products the assessee- company used coal and rice husk for use in the boilers for generation of required steam. There was a search at the business and office premises of the assessee- company. During the course of search certain books of account and documents were seized by the department. It was revealed during the course of search that the a...

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Sep 14 1998 (TRI)

Dr. Ashok Thakur Vs. G.M. Modi Hospital and Research Centre for Medica ...

Court: Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

A.P. Chowdhri, President: 1. By this order we propose to dispose of: (i) Preliminary objection regarding maintainability of the complaint raised by the opposite party, and (ii) A Misc. Application made by the complainant for the production of record specified therein by the opposite party. 2. The present complaint has been filed by Dr. Ashok Thakur, s/o Mr.S.K. Thakur, deceased. The case of the complainant is that his father S.K. Thakur went to G.M. Modi Hospital, on 1st April, 1996 with minor throat infection. Various tests including Biopsy were carried out. The case of the complainant is that while carrying out Biopsy, the patients tung was punctured which was discovered in later test and which ultimately resulted in his death on 1st May, 1996. The complainant instituted this complaint on 6.9.1996 claiming compensation against the Hospital as well as Dr. Rajesh Bhatia, ENT Specialist, impleaded as opposite party No. 2. 3. In the written version filed by respondent No. 1, a preliminar...

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