Delhi Court November 2001 Judgments

Ex. Gnr. Birbal Vs. Union of India (Uoi) and ors.

Court: Delhi

Reported in: 97(2002)DLT96a; 2003(1)SLJ16(Delhi)

Dr. Mukundakam Sharma, J.1. In this writ petition, the petitioner has prayed for a direction to the respondents to grant to the petitioner service pension from the date of his discharge from the Army after quashing the orders dated 7th March, 1991 and 1st August, 1997.2. The petitioner was enrolled in the Indian Army as a Sepoy. While serving in the Indian Army, the petitioner was declared a deserter for a period of 797 days that is with effect from 21st September, 1965 to 26th November, 1967. The petitioner finally retired from service on 19th June, 1972. A claim was made by the petitioner to the effect that while computing the total length of service of the petitioner, his entire period of service should be reckoned including the period during which he was declared a deserted that is, with effect from 21st September, 1965 to 26th November, 1967.3. It is an accepted position that in case the aforesaid period is computed towards the total and actual length of service of the petitioner,...

Novelty Emporium Vs. Novelty Creation Private Limited

Court: Delhi

Reported in: 96(2002)DLT68

V.S. Aggarwal, J.1. M/s. Novelty Emporium (hereinafter described as 'the plaintiff') has filed the present suit for perpetual injunction, restraining the defendant (M/s. Novelty Creation Private Limited) from manufacturing, selling offering for sale, advertising, directly and indirectly dealing in wedding sarees, Banaras, Bangalore and South sarees, Embroider sarees, Lehnga Chunni, Punjabi suit dupatta etc. under the corporate name 'NOVELTY' of the company or any other company name with prefix and suffix of the word 'NOVELTY'. Besides that a claim has also been made for rendition of accounts. During the pendency of the said suit, the plaintiff seeks ad interim injunction by virtue of I.A.No. 8647/98. The defendant has filed an application under Order XXXIX Rule 4 of the Code of Civil Procedure i.e. I.A.No. 8962/98. By this common order, both these interim application are proposed to be disposed of.2. The facts alleged are that the plaintiff is engaged in the business of manufacturing, ...

Central Bank of India Vs. Delhi Trade Links (India) Pvt. Ltd. and ors.

Court: Delhi

Reported in: 95(2002)DLT699

V.S. Aggarwal, J.1. Central Bank of India, hereinafter described as the plaintiff, has filed the present suit for recovery of Rs. 8,61,295.17 against the defendants. It has been asserted that on 28th April, 1983 defendant No. 1 opened a current account bearing No. 1152 with the plaintiff vide the letter of 26th July, 1983 under signatures of defendant No. 3. It requested the plaintiff bank for overdraft facilities against money multiplier deposit certificates of defendant No. 1 for Rs. 1 lakh. It was sanctioned by the plaintiff with 25% margin against lien on the money multiplier deposit certificates. The defendants executed a promissory note for Rs. 75000/-, letter of lien, letter of continuity and letter of waiver, all dated 26th July, 1983.2. On 2nd August, 1983 defendant No. 1 through defendants 2 and 3 again approached and requested the plaintiff for an enhancement of the overdraft limit to Rs. 4,95,000/- against the deposit of money multiplier deposit certificates for Rs. 1 lakh ...

Continental Construction Ltd. Vs. Chief Engineer (Construction) N.E. R ...

Court: Delhi

Reported in: 96(2002)DLT893

V.S. Aggarwal, J.1. The present Petition has been filed by M/s. Continental Construction Limited (hereinafter described as 'the Applicant') invoking Sub-section (6) of Section 11 of the Arbitration and Conciliation Act, 1996 (for short 'the Act').2. The relevant facts are that the applicant company had entered into a contract for construction of sub-structure including well foundation and prestressed concrete box girders for road upper-structure with contractor' own deign in connection with the construction of rail link between Chitauni (U.P.) and Bagah (Bihar). Certain disputes had arisen between the applicant and the Indian Railways/Union of India. the General Manager, North-Eastern Railways, Gorakhpur as per the arbitration clause did not act upon the applicant's request for appointment of elected arbitrator. It has thereforee, been prayed that the matter in question is governed by the Act and thereforee, been prayed that the matter in question is governed by the Act and thereforee,...

Shri Arun Kumar and ors. Vs. Mr. Mukesh Kulsreshtha and ors.

Court: Delhi

Reported in: 2002(62)DRJ784

Khan, J.1. The principal question involved is whether a trained apprentice was to be appointed to the post on preferential basis bypassing any written examination/interview and in the present case, a trade test prescribed under recruitment rules/regulations/executive instructions.2. Respondents are trained apprentices and claimants to the post of Telcom Mechanic. They want to have appointment without being subjected to trade test and for this filed OA's 378 and 381/97 and based their case on the Supreme Court judgment in UPSRTC v. U.P.Parivahan Limited, : (1995)IILLJ854SC . Petitioners contested this and Tribunal disposed of respondents' OAs by order dated 13.10.97 requiring petitioners to consider them on preferential basis in terms of Supreme Court judgment Supra. It seems that petitioners thereafter dithered and respondents filed first set of contempt petitions which was disposed of by order dated 23.7.1998 requiring them to consider respondents against available 34 vacancies if oth...

Faculty Association of All India Institute of Medical Sciences Vs. Uni ...

Court: Delhi

Reported in: 2002(63)DRJ807

Khan, (J)1. Merit not reservation is the battle cry again and the question raised this time in this petition is whether reservation was inapplicable to speciality and super speciality, faculty posts in All India Institute of Medical Sciences (AIIMS).2. It all seems to have started in 1994 when R3-4 initiated selection process for appointment to entry level faculty post of Assistant Professor in AIIMS, a speciality post and provided for reservation up to 45.5% for SC/ST and OBC candidates in different ratio. Petitioners, led by Faculty Association of Institute, a registered body engaged in promotion of professional activity and efficiency of the Institute faculty, opposed this. They made representations to the competent authority pleading for exemption of the post from reservation but failed to elicit any response. They then filed his petition asking for quashing of resolutions dated 11.1.83 and 27.5.94 passed by respondent No. 3 applying reservation policy for appointment to the post a...

Dr. Sandeep Agarwala and ors. Vs. Union of India (Uoi) and ors.

Court: Delhi

Reported in: 2002IVAD(Delhi)909; 2002(64)DRJ389

Khan, (J) 1. Petitioners are the products of a stale-mate created mainly in the wake of interim order passed by this court dated 15.11.94 in connected CWP No. 4223/94 filed by Faculty Association of All India Institute of Medical Sciences to ward off application of reservation rule for appointment to faculty post of Assistant Professor in AIIMS. The order restrained R2-3 from giving effect to proposed reservation in regular appointment to post of Assistant Professor and these respondents, in turn, stopped selection process in compliance thereto and resorted to adhoc appointments. 2. This is how petitioners, 91 in number, were appointed on adhoc basis initially for three months and their orders of appointment clearly stipulated that their appointment would be subject to the regular appointment and that it would not bestow any claim or right on them to claim regular appointment nor would their adhoc services be counted towards any promotion or seniority or confirmation. Some of these wer...

R.J. Wood Vs. Cit

Court: Delhi

Reported in: [2002]121TAXMAN476(Delhi)

The Tribunal referred for decision the following questions :'1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessed was owner of the property?2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in rejecting the alternative contention of the assessed that the lease in any event be treated as monthly loans in the absence of registration under the Indian Registration Act?'2. Question No. 1 stands covered by a decision of the Apex Court in the case of CIT v. Podar Cement (P) Ltd. (1997) ITR 625 . Following the said decision, the question No. 1 referred to is answered in favor of the assessed and against the revenue. In this view of the matter, it is not necessary to answer the second question....

Janata Party Vs. Assistant Commissioner of Income

Court: Income Tax Appellate Tribunal ITAT Delhi

1. This appeal by a political party is directed against the order of the CIT(A)--XVII, New Delhi, dt. 16th Feb., 2000. Several grounds of appeal mainly impinging on the exemption under Section 13A of the IT Act, 1961, are being pressed. Grounds on interest also exist. Since the grounds were too numerous in number and were repetitive in content, the appellant was directed to file concise grounds of appeal, which has been complied with On that basis, this appeal is being decided.2. The appellant is an AOP comprising of individual citizens of India associated for political activities and is registered with the Election Commission of India. The AO put the appellant on notice to submit audited accounts including the P&L a/c and balance sheet for the subject year and also for the preceding two years, details of bank accounts, immovable properties, donations received, investments and other aspects of the appellant's case for the aforesaid periods. These were examined on the basis of audi...

Municipal Corporation of Delhi Vs. H.K. Sarna and anr.

Court: Delhi

Reported in: 95(2002)DLT353; 2002(61)DRJ557

Mahmood Ali Khan, J. 1. The petitioner MCD has challenged an order of the Additional District Judge dated 26.11.1996 by which he has allowed the appeal of the respondent and has fixed market price of the land comprised in the premises at the L&DO; rates of Rs. 1200/- per sq. mtr and modified the rateable value fixed by the Deputy Assessor and Collector (SCTT) in house tax assessment order. 2. The Deputy Assessor and Collector fixed the rateable value of property No. L-31/A, Malviya Nagar assessing the cost of the land comprised in the premises @Rs. 2200/- per sq.mtr. The respondent was aggrieved and preferred and appeal before the Additional District Judge under Section 169 of the Delhi Municipal Corporation Act (hereinafter the Act). The appeal was on the short ground that the Assessing Authority has wrongly assessed the cost of land @Rs. 2200/- per sq. mtr and that the land belonged to the Land and Development Office and the cost thereof should have been assessed at the L&DO; rate of...