Delhi Court February 2001 Judgments

M/S Hindustan Wires Ltd. Vs. M/S Ralson Industries Ltd.

Court: Delhi

Reported in: 2001IIIAD(Delhi)785; 90(2001)DLT747; 2001(58)DRJ71

ORDERMukul Mudgal, J.1. This is an application, filed on behalf the defendant under Order xxxvII Rule 3(5) CPC, seeking leave to contest the suit.2. The suit is filed under Order xxxvII CPC for recovery of Rs.79,60,730/- Along with pendente lite/future interest and costs of the suit.3. The plaint avers as under:-4. The suit is based upon the recovery of the price of material supplied by the plaintiff to the defendant from time to time. Consequently by a Reconciliation Statement dated 8th of May, 1996 one Shri P.S. Bhullar, General Manager (Accounts) on behalf of the defendant-Company admitted that the balance payable to the plaintiff was Rs.69,12,967.24. This balance acknowledged to be due as on 31.3.1996 comprised of Rs.41,69,505.19 by way of principal amount and Rs.15,78,618.70 on account of interest and Rs.11,64,753.35 towards other debits on account of defendant's indebtedness to the plaintiff. In spite of Demand Notice dated 4.5.1997 for the above amount sent by the plaintiff to t...

Smt. Vimla Devi and Sh. R.N. Mohan Singh Oberoi Vs. Union of India

Court: Delhi

Reported in: 2001IIIAD(Delhi)132; 90(2001)DLT345; 2001(58)DRJ37; 2001RLR297

ORDERKhan, J.1. All these appeals arise out of land acquisition in Village Bahapur pursuant to Section 4 Notification dated 3.9.1957 and being identical on facts and law are disposed off by this common judgment.2. Appellants land was acquired pursuant to aforesaid Section 4 Notification and they were awarded compensation of Rs.1,500/- P.B. by Collector which was enhanced to Rs.2,000/- P.B. by Reference Court and finally raised to Rs.4,000/- P.B. by the First Appellate Court in RFAs filed by them. While doing so First Appellate Court relied upon a Division Bench Judgment of this Court titled Navin Urban Thrift and Credit Society v. Union of India (RFA 148-D of 1966) decided on 8.8.1977 awarding compensation of Rs.4,000/- per bigha in Village Bahapur in reference to Section 4 Notification of the same year.3. Appellants feel aggrieved of this and have filed this appeal claiming compensation of Rs.7,500/- per bigha on the ground that First Appellate Court ought to have followed a Division ...

M/S. Hindustan Wires Ltd. Vs. M/S. Ralsons Tyres Ltd.

Court: Delhi

Reported in: 2001IIIAD(Delhi)412; 90(2001)DLT777

ORDERMukul Mudgal, J.1. This is an application, filed on behalf the defendant under Order xxxvII Rule 3(5) CPC, seeking leave to contest the suit.2. The suit is filed under Order xxxvII CPC for recovery of Rs.18,12,642.50/- Along with pendente lite/future interest and costs of the suit.The plaint avers as under:-The suit is based upon the recovery of the price of material supplied by the plaintiff to the defendant from time to time. Consequently by a Reconciliation Certificate dated 8th May, 1996 one Shri P.S. Khullar, General Manager (Accounts) on behalf of the defendant-Company admitted that the balance payable to the plaintiff was Rs.14,54,351.14. This balance acknowledged to be due as on 31.3.1996 comprised of Rs.11,09,743.00 by way of principal amount and Rs.3,44,608.14 on account of interest. Thereafter one Shri Satish Arora, Asst. Manager (Accounts) of the defendant-Company by a Reconciliation Statement showing dues as on 31.1.1997 admitted that the balance payable to the plaint...

Shri K.S. Wahi Vs. M/S Ganga Exports and Others

Court: Delhi

Reported in: 2001IIIAD(Delhi)571; 90(2001)DLT386; 2001(58)DRJ150

ORDERMukul Mudgal, J.1. This is an application for leave to defend filed by the defendants in a suit under Order xxxvII of the Civil Procedure Code filed by the plaintiff, Shri K.S. Wahi.2. The case of the plaintiff averred in the plaint is as under:That the plaintiff had supplied raw cashew nuts to the defendants in the month of July 1997 by virtue of an agreement dated 6th July 1997 and as per the said agreement the goods were to be supplied from Abidjan (Ivory Coast) Port to Tuti Corin (India) Port having a gross weight of 48.52 MT and net weight 47.875 MT i.e. 645 bags containing 80 kgs. cashew nuts each. According to the agreement the defendants was to make payment of 91% of the total value of the goods at the time of handing over the delivery order and the balance after taking delivery of the goods. The agreement also provided that if there was any damage beyond 10% as certified by SGS at loading port, the corresponding value of the raw nuts found damages by sprouting, water dama...

Smt. Vanita SarIn Vs. State of Delhi

Court: Delhi

Reported in: 2001IIIAD(Delhi)647

ORDERSharda Aggarwal, J.1. This is a petition under Section 278 of the Indian Succession Act, 1925 for grant of Letters of Administration with respect to the estate of Mrs. Marjorie M.Behl. who died on 1st April, 1999 at Delhi, on the basis of her 'Will' dated 6th February, 1998. The petitioner is the daughter of the testatrix and Dr. P.N.Behl, respondent No. 2 is the husband of the testatrix. Apart from the husband of the decreased Mrs. Marjorie M.Behl, the only other legal heir is the petitioner.2. Notice of the petition was issued to the Chief Controlling Authority as well as to the general public by means of publication in the leading newspaper 'Statesman'. Respondent No.2 Dr. P.N.Behl, husband of the testatrix was served. He has filed reply to the petition stating therein that he was no objection if, the Letters of Administration is granted in favor of the petitioner, who is his daughter. The respondent has in fact admitted the execution and contents of the 'Will' dated 6th Februa...

Jitender Kumar Vs. the Secretary, Ministry of Urban Development and or ...

Court: Delhi

Reported in: AIR2001Delhi373; 91(2001)DLT362

ORDERManmohan Sarin,JRule.With the consent of the parties writ petition is taken up for disposal.1. Petitioner has filed this writ petition aggrieved by the L & Do, declining consent to the petitioner for converting a window into a door opening. This case has a chequered history. Petitioner had earlier filed a suit for permanent injunction, seeking a restraint on the MCD from interfering with the petitioner's right to convert the window into a door opening and put up an iron shutter among other relief. This suit was dismissed. Petitioner went in appeal. This suit was partly allowed by the Additional District Jude, permitting the petitioner to put a shutter on the window opening. Petitioner had preferred a Regular Second Appeal against the said appellate order, which appeal was also dismissed as withdrawn. The petitioner was given liberty, to approach the L & DO for grant of permission under the lease for conversion of the window into a door opening.2. Learned counsel for the petitioner...

P.R. Dutta Gupta Vs. Union of India and anr.

Court: Delhi

Reported in: 2001IVAD(Delhi)1091; 92(2001)DLT391; 2001(59)DRJ571

ORDERManmohan Sarin. J. (Oral)1. Rule.Petitioner has filed this writ petition seeking a writ of mandamus against respondents to allot him a plot of land in the Chittaranjan Park, New Delhi being a refugee, who had migrated from East Pakistan now Bangladesh.2. The case of the petitioner is that he had migrated from Bangladesh in the year 1946 and was living sometime in Calcutta and sometime in Delhi. Petitioner claims that he duly satisfies the eligibility criteria for allotment as per the press note of 4.1.1996 and the subsequent press note of 14.1.1977. As per the press note of 14.1.1977, there were few plots available with the Rehabilitation Department in the 160 Sq. yards and 233 Sq. yards categories. The said plots were to be allotted on perpetual lease basis with the premium, as indicated in the press note. The press note also gives the following conditions of eligibility:i) The applicant should be more than 21 years of age on the date of application. ii) The applicant or his wife...

Shri Ishwari Prasad Vs. Reserve Bank of India

Court: Delhi

Reported in: (2002)IVLLJ880Del

ORDERMr. Mukundakam Sharma, J. 1. As the facts and issues involved in these writ petitions are similar, I propose to dispose of both the writ petitions by this common judgment/order.2. While the petitioners were working with respondent No. 1 charge sheets were issued to them in terms of regulations 47 of RBI Staff Regulations, 1948. Replies to the aforesaid charge sheets were filed by the petitioners which wee found to be not satisfactory and departmental enquiries were conducted against the petitioners. On competition of the enquiry proceedings the enquiry officer submitted his report finding the petitioners guilty of the charges and show cause notices were issued to the petitioners, proposing to impose on the petitioners penalty of reducing their basic pay by four stages. On receipt of the aforesaid notices replies thereto were submitted and thereafter on 27.3.1996 orders of punishment against the petitioners were passed reducing the petitioners by three stages. It was also ordered t...

M/S. Rajasthan Spg and Wiv Mills Ltd. Vs. Cce Jaipur

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2001)(134)ELT441TriDel

1. In this appeal, the issue involved is whether the refund of duty is sanctionable to M/s Rajasthan Spg. & Mvg Mills Ltd., when the excisable goods received under Rule 173L of Central Excise Rules are removed at Nil rate of duty to 100% EOU.2. Shri K.K. Anand, Ld. Advocate, submitted that the Appellants cleared 10453 Kgs of Yarn for home consumption on payment of Central Excise duty amounting to Rs. 66,288/-; that a quantity of 4176.2 kgs of yarn invoiving duty amounting to RS. 26035 was received back as the yarn was found defective by the Customer; that after following the procedure under Rule 173L, they re-processed the yarn and cleared it against CT-3 form to a 100% EOU on 8-5-95; that refund file by them for Rs. 26,035/- was sanctioned by the Assistant Commissioner initially that subsequently a showcause notice was issued for demanding the duty erroneously refunded; that the Assistant Commissioner confirmed the demand on the ground that the goods after re-processing were clea...

M/S. Modern Threads (i) Ltd. Vs. C.C.E., Jaipur

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

1. The Asst. Commissioner of Central Excise Division, Ajmer vide his Order dt. 19.12.99 has confirmed a demand of Rs.56,876/- on the appellants on the ground that they had availed the modvat credit of duty paid on capital goods on the strength of the invoices issued by the dealers under Rule 57GG of Cental Excise Rules, 1944 read with Notfn. Nos. 32/94-C.E (NT) and 33/97-CE (N.T) both dated 4.7.94. The Asst. Commissioner in his order has observed that the modvat credit on the impugned invoices is availed in respect of capital goods whereas the amendment of Rule 57-H by Notfn. No.64/94-C.E (NT) dt. 7.11.94 is only to facilitate the availment of modvat credit on inputs and this provision does not allow the benefit to capital goods. The appeal of the party before the Commissioner (Appeals), Jaipur against this order did not succeed and the Commissioner (Appeals) upheld the order passed by the lower authority dismissing the appeal of the party.2. The present Stay Petition is against the a...