Delhi Court March 2001 Judgments
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Mr. Jagdish Kumar Sharma Vs. D.T.C. and Others
Court: Delhi
Decided on: Mar-13-2001
Reported in: 2001IVAD(Delhi)145; 90(2001)DLT487; 2001(58)DRJ142
ORDERKhan1. Appellant sustained injuries in a road accident on 19.9.1968. He claimed that he suffered a compound fracture in the left leg and some serious injuries on other parts of his body. He filed claim Suit No.478/68 (354/79) claiming compensation of Rs.65,000/-. But MACT awarded him Rs.13,000/- special damages and Rs.7,000/- general damages, totalling Rs.20,000/- in all, vide award dated 29.8.1979.2. He felt dis-satisfied and filed FAO 156/80 for enhancement of compensation. But First Appellate Court affirmed special damages award of Rs.13,000/- but enhanced it for general damages from Rs.7,000/- to Rs.20,000/-, after noticing that he had undergone surgery and remained under treatment from 19.9.1968 to April, 1970.3. Appellant has filed this LPA now, asking for further enhancement of compensation on the ground that he had remained under treatment in different hospitals from time to time and had undergone surgery whereby a bone was taken from his hip and grafted in his leg. He als...
Mrs. Patricia Jean Mahajan and Others Vs. Shri Balkishan and Others
Court: Delhi
Decided on: Mar-13-2001
Reported in: 2001ACJ1058; 2001IVAD(Delhi)175; 90(2001)DLT539
ORDERKhan, (J.)1. Dr.S.K.Mahajan, a Non-Resident Indian Doctor, practicing in America and running his own hospital there died in a road accident on Delhi-Jaipur highway on 3.2.95. Appellants (his L.Rs.) filed claim Suit 325/95 and claimed compensation of Rs.54 crores and so on the ground that his annual income was US $ 9 lacs and his age 47 years. For this they examined the widow of deceased Doctor and also placed on record his income-tax returns for 1991 to 1994 (Ext.P/X) which were certified by an American Public Accountant, Mr.Akram G.Namou and certified by the Consulate General of India at Cichago. These reports showed the net income of the deceased at $ 5,02,937, his taxable income $ 4,72,696 and $ 1,63,492 paid by him as tax for 1994.2. Tribunal determined the age of the deceased at 47 years and assessed his income at $ 4,72,696 and deducted tax paid amount of $ 1,63,492 from it to work out the net carry home income at $ 3,09,204. It further deducted 2/3rd of his amount on accoun...
Shri Krishan Lal Baweja and Another Vs. Shri Sudershan and Others
Court: Delhi
Decided on: Mar-13-2001
Reported in: 2002ACJ2037; 2001IVAD(Delhi)262; 91(2001)DLT101
ORDERKhan, (J)1. Anil Kumar, about 13 years old, a student of Vth class and the only son of his parent, died in a road accident on 5.12.1978 while he was trying to enter his school bus. His parents filed claim Suit No.316/79 and MACT by award dt.21.2.1983 awarded them a compensation of Rs.25,000/-. Two Appeals were filed against this award-one by claimants claiming enhancement in the compensation and the other by insurance company pleading its limited liability of Rs.5,000/-. The first Appeal of claimants was disposed of by order dt.15.3.1994 affirming award of Rs.25,000/- and the other Appeal filed by the insurance company was dismissed holding that the deceased was not a passenger, but a third party, to render the liability of insurer unlimited.2. Appellants (claimants) feel still dissatisfied and have filed this LPA for further enhancement of compensation. The insurance company on the other hand has filed cross-objections placing reliance on proviso (ii) to sub-section (1) of Sectio...
M/S Delhi Flour Mills Co. Limited Vs. Municipal Corporation of Delhi a ...
Court: Delhi
Decided on: Mar-13-2001
Reported in: 2001IIIAD(Delhi)592; 2001(3)RAJ281
ORDERJ.D. Kapoor, J.1. The award dated 5th April, 1995 is being sought to be made rule of the Court. Unfortunately both the parties have filed objections to the award. However none of them has challenged the award being without jurisdiction or being beyond the terms of the agreement. The objections are mainly on the findings of facts and on the basis of the material and evidence on the record. As it is settled law and I deem it needless to refer to the catena of authorities in this regard and would refer to a case decided recently by the Hon'ble Supreme Court viz. Arosan Enterprises Limited Vs . Union of India & Another : AIR1999SC3804 wherein it was held that re-appraisal of evidence by the court is not permissible and as a matter of fact exercise of power by the court to reappraise the evidence is unknown to proceedings under Section 30 of the Arbitration Act. The relevant observations of the Hon'ble Supreme Court are as under:-'Reappr2aisal of evidence by the court is not permissibl...
M/S. Travancore Rayons Ltd Vs. Union of India and Others
Court: Delhi
Decided on: Mar-13-2001
Reported in: 2001IVAD(Delhi)302; 2001(59)DRJ184
ORDERKhan, (J) 1. Appellant was charged of manufacturing nitro-cellulose lacquer, an excisable commodity, without taking any license. As show cause notice dt.16.8.63 was served on the company in this regard to which it replied on 27.8.63 claiming that it was producing surface coating composition and not nitro-cellulose lacquer. The Assistant Collector, however, overruled this and passed order dt.13.10.63 holding that company had manufactured and removed nitro-cellulose lacquer from 11.10.55 to 19.9.62 without payment of duty and in contravention of Rule 9(1),Excisable Rules, 1944. He accordingly raised a demand for (SIC) against it.2. Appellant took appeal against this which was dismissed vide order dt.5.8.64. The company filed a revision which was also dismissed on 16.6.66 and thereafter filed an SLP against this which was allowed and matter was finally to Government of India (Revisional Authority) which once again dismissed the revision petition by order dt.16.12.70.3. Appellant then...
M/S. JaIn Brothers Vs. Commissioner of Income-tax-i
Court: Delhi
Decided on: Mar-13-2001
Reported in: 2001IVAD(Delhi)952; 91(2001)DLT526; 2001(59)DRJ51
ORDERArijit Pasayat, C.J.1. Pursuant to the direction given by this Court in an application under Section 256(2) of the Income-tax Act, 1961 (in short 'the act'), Income-tax Appellate Tribunal Delhi Bench-D ('Tribunal' in short) has referred the following question for opinion of this Court:'Whether on the facts and in the circumstances of the case, the Tribunal acted on material in coming to the conclusion that penalty was imposable on the assessed for the assessment year 1971-72?'As the question itself indicates, dispute relates to assessment year 1971-72.2. Factual position, as noted in the statement of case, is as follows:assessed, a partnership firm, consisted of four partners with 25% share each. Its business was of selling steel pipes and tubes etc. with its head office at Delhi and branch at Calcutta. For the assessment year in question previous year ended on Diwali, 1970. assessed had filed its return on 20th July, 1971 declaring an income of Rs. 4,64,890/-. Assessment was comp...
Nand Lal and ors. Vs. Jan. Mohd. and ors.
Court: Delhi
Decided on: Mar-13-2001
Reported in: 2001IVAD(Delhi)218; 2001(58)DRJ101
B.A. Khan, J. 1. One Chander Bhan, 17, was killed in a road accident on 8.9.1977. His parents filed Claim Suit No. 519/77 and claimed compensation of Rs. one lakh. But MACT assessed the income of the deceased at Rs. 1,75/- and dependency at Rs. 100/-p.m. and applied a multiplier of 15 to award compensation of Rs. 18,000/- and then made certain deductions from it to reduce it to Rs. 16,200/- with 6% p.a. interest. 2. Appellant filed FAO 91/81 for enhancement of compensation and First Appellant Court affirmed the finding of the Tribunal regarding income of the deceased and also his dependency. It, however, raised the multiplier from 15 to 25 and also interest rate from 6% to 12% to award compensation of Rs. 30,000/- with 12% interest. 3. Appellants still felt dissatisfied and have filed this appeal in 1993 which has remained pending ever since. Their Counsel Mr. Goyal has submitted written submissions wanting us to follow some latest judgments of the Supreme Court awarding higher compens...
United India Insurance Co. Ltd. Vs. Mrs. Patricia Jean Mahajan and Oth ...
Court: Delhi
Decided on: Mar-13-2001
Reported in: 2001ACJ1051; 2001IVAD(Delhi)252; 90(2001)DLT533; 2001(58)DRJ668
ORDERKhan, (J) 1. Dr. Sudesh Mahajan, a practicing specialist Doctor in Naphrology, settled in America and running his own hospital there, was on his way to Jaipur Along with his two brothers in a Maruti car which was allegedly hit on the rear right side by a truck trawler coming from the opposite direction resulting in his death. His LRs (respondents no.1 to 6) filed claim suit (no. 325/1995) impleading drivers/owners and Insurers of both vehicles as party-respondents, claiming compensation of Rs.54 crores and odd from them on the ground that annual income of deceased was U.S.$9 lakhs or so. They however, alleged and attributed rash driving and negligence to trawler driver Bal Kishan.2. All respondents filed their respective written statements, with one group blaming the other. But Tribunal framed two issues one related to alleged rash and negligent driving of trawler driver and the other on determination and computation of compensation.3. The claimants (R.1-6) examined only two witne...
Sanjay Kumar Dalmia and anr. Vs. Tobu Enterprises Limited
Court: Delhi
Decided on: Mar-13-2001
Reported in: 93(2001)DLT265
S.K. Mahajan, J.1. With the consent of parties the matter has been heard and is being disposed of finally.2. Plaintiff/respondent had filed suit for rendition of accounts on the allegations that the respondents/defendants were appointed as C & F agents by the plaintiff for the State of Bihar and an agency agreement dated 26th August, 1995 was duly entered into between the parties. Under the agreement, the respondents were entitled to commission at the rate of 5% for the working done by them for the plaintiffs. It is submitted that the defendants failed to fulfill their obligations under the agency agreement and they were, thereforee, repeatedly called upon by the plaintiff to settle the accounts and pay the amount allegedly due to the plaintiffs but the defendants had been intentionally avoiding the same. It is submitted that plaintiff was entitled to a decree for rendition of accounts. It is further submitted that a sum of Rs. 7,27,738.46 paise remained to be accounted for by the defe...
Ved Vati and ors. Vs. Chatter Singh and ors.
Court: Delhi
Decided on: Mar-13-2001
Reported in: I(2001)ACC496; 2002ACJ923
B.A. Khan, J.1. One Narender Kumar, 38, working as Doctor in MCD died in a road accident on 29.2.1980 involving two DTC buses. His LRs filed Claim Suit No. 158/1980 claiming compensation of Rs. 6,62,000/-. But MACT assessed his dependency at Rs. 1,305/- and awarded compensation of Rs. 3,56,223/- with 9% interest applying a multiplier of 32 to it vide award dated 28.2.1983.2. Two appeals were filed against this award. One (FAO 136/1983) by the appellants and the other (FAO 110/1983) by DTC. Appellants' first appeal was disposed off by raising rate of interest to 12% and that DTC was dismissed.3. Appellants have filed this appeal now seeking further enhancement of compensation. Their case is that they had filed an application (C.M.617/1993) 22.2.1993 Along with communication of Dy. Heath Officer of MCD containing details of deceased's salary till his retirement if he had survived which was rejected and the document containing salary particulars disregarded. It is submitted on the basis o...
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