Delhi Court February 2002 Judgments
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Ashwini Kumar Verma Vs. Commissioner of Customs, New
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Feb-21-2002
Reported in: (2002)(144)ELT137TriDel
1. On examination of the records and hearing both the sides, I find that the appeal itself requires to be finally disposed of at this stage. I, therefore, allow the present application and proceed to deal with the appeal.2. The appeal is against imposition, by the Commissioner of Customs, of a personal penalty of Rs. 1 lakh on the appellants under Section 112(a) and (b) of the Customs Act, 1962. The finding against the appellant is that he was involved in the smuggling of gold for pecuniary gain. The impugned order has been passed against the appellant and some others exparte. It has been noted in the order that personal hearing in the case was adjourned from time to time up to 13-8-2001 and that the appellant or his Counsel did not appear in spite of the fact that the appellant had been released from jail on 20-7-2001.12. Ld. Advocate, Shri Harbans Singh for the appellant submits that the Commissioner had, in fact, given a further adjournment of hearing in the case and, accordingly, ...
S.T. Forgings Vs. Commissioner of Central Excise,
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Feb-21-2002
Reported in: (2002)(82)ECC313
1. The appellants have three factories viz., at (a) 407-A, Barwala, Delhi, (b) at 87/1, VIII, Barwala, Delhi and (c) at 470-A, Railway Station Road, Azadpur, Delhi. Their factory premises at sl. (a) were visited by the Officers of the Central Excise Commissioner-ate, Delbi-I on 5-12-97 and it was found that they were manufacturing for-gings for valves of L.P.G. gas stove. On stock taking of the goods in their factory premises, it was found that they were having components of valves for LPG gas stoves and semi-finished forgings of valves and stock for forging flash. Since the party did not possess any Central Excise Registration, these goods were seized and handed over to Shri Naresh Kumar Dabas, brother of the proprietor of the party for safe custody. Their factory premises at sl. (b) above were also visited on the same day and it was found that they were engaged in the manufacture of brass rods by casting and drawing of cast rods. Some finished and semi-finished brass rods were also ...
Shradha Nath Vs. Manu Nath
Court: Delhi
Decided on: Feb-21-2002
Reported in: 2002IVAD(Delhi)177; 2002CriLJ2605; 97(2002)DLT33; 2002(62)DRJ154
R.C. Jain, J.1. This petition under Article 227 of the Constitution of India has been filed by the mother of the minor Medha Nath praying for quashing the order of learned Additional District Judge, Delhi (vacation Judge) dated 23rd June, 2000 which reads as under:-PRESENT : Parties with their counsel. 'Considering the facts of the case and after hearing the parties, visitation rights granted in favor of the applicant are modified to the extent that the non-applicant/wife will bring the child every Saturdays in the concerned court at 3.00 P.M. and will hand over the custody of the child to the applicant/husband who will return custody of the child to the non-applicant at 5.00 P.M. In this period of meeting, the non-applicant/wife will not interfere in the meeting between the applicant and the child. This order shall continue unless modified by the Guardianship Court. The applicant allowed to meet the child today for one hour as child has been brought by the non-applicant. Next meeting ...
Balar Marketing Pvt. Ltd. Vs. Lakha Sharma
Court: Delhi
Decided on: Feb-21-2002
Reported in: 2002IIIAD(Delhi)194; 97(2002)DLT424; 2002(62)DRJ302; 2002(24)PTC462(Del)
R.C. Jain, J.1. This civil revision is directed against the order of learned Additional District Judge dated 10.8.2000 by which an application under Order 6 Rule 17 read with Section 151 CPC moved on behalf of the plaintiff-respondent herein praying for amendment of the plaint has been allowed.2. Briefly stated, the relevant facts leading to the present revision are that the respondent-plaintiff has filed a suit under Section 105 and 106 of Trade and Merchandise Act against the petitioner-defendants claiming the proprietorship over the trade marks 'KUNDAN' and 'KUNDAN CAB' in respect of wires and cables. The petitioner is contesting the said suit and has filed a counter claim. A certain Smt. Promila Sehgal had also filed a suit against the plaintiff-respondent and petitioner-defendants for restraining them from using the trade mark 'KUNDAN'. During the pendency of the said suit Smt. Promila Sehgal assigned her trade mark 'KUNDAN' in favor of the petitioner-defendants and consequently t...
Chander Bhushan Rai and ors., Vs. Govt. of Nct of Delhi and anr.
Court: Delhi
Decided on: Feb-21-2002
Reported in: 2002(6)SLJ614(Delhi)
S.B. Sinha, C.J. 1. Whether the home guards appointed under the Bombay Home Guards Act are holders of civil services and whether their services can be directed to regularized, are the questions involved in these proceedings filed by the writ petitioners. 2. The petitioners were enrolled as home guards for a period of three years. On completion of the said period, they were discharged from service. According to them, they had served as home guards for a long period and as such, they having become civil servants are entitled to regularization with effect from the date of their respective enrolment. 3. The petitioners filed Original Applications claiming regularization of their services as also for their reinstatement upon setting aside the orders of discharge. 4. The respondents' contention, however, is that the relationship of master and servant by and between then and the petitioners never existed. The writ petitioners are volunteers who are called upon during emergency to assist the e...
Shri Ravinder Singh Vs. the Union of India (Uoi) and ors.
Court: Delhi
Decided on: Feb-21-2002
Reported in: 2002VAD(Delhi)148; 97(2002)DLT756; 2003(1)SLJ111b(Delhi)
S.B. Sinha, C.J.1.The petitioner in this case was a Gunner working in the office of respondent No.3. He proceeded on 36 days's annual leave from 26 th January 1992 to 3rd March 1993. The said leave was allegedly sanctioned by the respondent No.3. Allegedly, while availing the said leave, he fell into a 'Khud' in his village on 26 the February 1992, as a consequence whereof, he sustained contusion in his right leg. He was taken to the nearby doctor at Thural, Himachal Pradesh and he was under his treatment from 26 the February 1992 to 9 the March 1992. He allegedly was admitted to the Government Medical College at Thural wherein also he remained under treatment from 10 th March 1992 to 15 th 1992. A purported information to the said effect was sent tot he Commanding Officer of the Unit of the petitioner. The petitioner rejoined his duties on 23rd April 1992 and produced his medical certificate. On 25th April 1992, he was informed that he would be tried by a Summary Court Martial.The cha...
State of Gujarat Vs. R.S. Yadav and anr.
Court: Delhi
Decided on: Feb-21-2002
Reported in: 2002VIAD(Delhi)805; 97(2002)DLT446
S.B. Sinha, C.J.1. The order dated 29th September 2000 of the Chairman of the Central Administrative Tribunal in MA 1213/2000 arising out of OA No. 598/2000 is in question in this petition.FACTS:2. The first respondent is an IPS officer borne on Gujarat Cadre. He, at all material times, was and still has been holding the post of Deputy Superintendent of Police. He, allegedly, in a sensational case of kidnapping of three year old girl from a school, arrested innocent persons and added Section 302 of the Indian Penal Code without any concrete evidence of the murder of the child although she was recovered alive. The investigation was handed over to the Central Bureau of Investigation. On 17th April 1999, the first respondent was transferred to Junagarh whereupon he left Junagarh without obtaining any permission. It is alleged that since then he had remained absent unauthorisedly. The CBI found serious irregularities and lapses during investigation whereupon the first respondent was placed...
Dr. Sanjay Gupta Vs. Dr. Shroff's Charity Eye Hospital
Court: Delhi
Decided on: Feb-21-2002
Reported in: 2002VIIAD(Delhi)580; 2002(62)DRJ368; 2002(4)SLR788
S.B. Sinha, C.J. 1. Whether a writ petition would be maintainable against the respondent herein, is the question involved in this appeal.2. The appellant who was working as a Second Medical Officer with the respondent hospital, filed the writ petition No. 5198/97 praying for the following reliefs:'a) issue a writ of certiorari quashing the clause whereby the management has reserved the right to terminate the services of its employees by giving one month's notice simplicities in the service conditions of its employees;b) issue a writ of mandamus thereby directing the respondent not to alter the service conditions of the petitioners, unilaterally to the prejudice of the petitioners;c) issue a writ of mandamus to the respondent directing them to dispense with the unfair practice of keeping their employees under contract for many years without regularization;d) to issue of writ of mandamus directing the respondent to regularize the services of the petitioner No. 2.'3. The writ petition has...
Nbcc Vs. Am Rasool Constn. and Engineering Services (P) Ltd.
Court: Delhi
Decided on: Feb-21-2002
Reported in: 2002VIIIAD(Delhi)297; 2002(2)ARBLR183(Delhi); 97(2002)DLT498
J.D. Kapoor, J. 1. Short controversy in this petition under Section 33 of Indian Arbitration Act, 1940 (hereinafter referred to as Act) is as to the scope of arbitration agreement between the parties. Admittedly arbitration proceedings are continuing and are in progress. Petitioner has challenged the jurisdiction of Indian Courts before the learned Arbitrator and has approached this court to have the effect of arbitration agreement determined as contemplated by Section 33 of the Act as according to the petitioner Clause 51 of the General Terms and Conditions of the Contract between the petitioner and Housing Corporation of Libya which were part and parcel of the Contract between the parties has ousted the jurisdiction of India Courts. 2. Section 33 of the Act provides as under:-'Any party to an arbitration agreement or any person claiming under him desiring to challenge the existence or validity of an arbitration agreement or an award or to have the effect of either determined shall ap...
Ms. Gayatri Devi Vs. Mr. Shiv Kumar
Court: Delhi
Decided on: Feb-21-2002
Reported in: 2002VIAD(Delhi)797b; 2002(62)DRJ740; 2002RLR570
S.N. Kapoor, J. 1. Heard both the parties on the point of amount of the maintenance. The total income of the respondent Mr. Shiv Kumar is Rs.14,258/- and the total income of the petitioner, Ms. Gayatri Devi, is Rs.7,539/- as per the salary certificate relating to February, 1999 and December, 2001 which is on record. There is an unmarried sister of the husband who is dependent on the appellant. 2. It is also not in dispute that the appellant has refused to live with the respondent and even did not file any application for claiming that the defendant should be restrained from marrying. In the meanwhile, the respondent/husband has again married and there is one son with the (second) wife. 3. In the aforementioned circumstances, if the entire income is to spent prudently in larger interest of each of the family members, it has to be considered in units according to comparative needs of each of them. Daughter of the appellant with the first wife is 13 years and the son is 14 years. The son ...
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