Delhi Court March 2002 Judgments
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Ramesh Chandra Mathur Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Delhi
Decided on: Mar-20-2002
Reported in: (2003)(1)SLJ331CAT
1. The applicant is aggrieved by the order issued by the respondents dated 22.5.1995 imposing on him a penalty of 25% cut in pension otherwise payable to him for a period of five years with immediate effect. This order has been passed by the President after holding a disciplinary proceeding against the applicant under Rule 14 of the CCS (CCA) Rules, 1965 (hereinafter referred to as the 1965 Rules'). The applicant retired from service of the respondents on 31.7.1994 and the impugned order has been passed by the President under Rule 9 of the CCS (Pension) Rules, 1972 (hereinafter referred to as the pension Rules').2. A preliminary objection has been taken by the respondents that the O.A. is barred by limitation. The applicant has filed M.A. 76/2001 praying for condonation of delay of the period from 1.3.1991 to 2.8.2000 in filing the O.A.3. We have heard Mr. N.S. Verma, learned Counsel for the applicant and Mr. A.K. Bhardwaj, learned Counsel for the respondents on the question of limita...
Pushpa Devi Vs. State of Nct of Delhi
Court: Delhi
Decided on: Mar-20-2002
Reported in: 2002IVAD(Delhi)505; 97(2002)DLT613
V.S. Aggarwal, J. 1. Mrs. Pushpa Devi (since deceased) had filed the present petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure seeking a direction for registration of a case under Section 302 Indian Penal Code read with Section 120B of the said Code for the murder of the son of the petitioner and for seeking a direction to Central Bureau of Investigation to investigate.2. Ram Babu Sharma was the constable on duty at the residence of Deputy Commission of Police. it is alleged that his duty of 5th April, 1999 was from 8.00 PM to 8.00 AM of 6th April, 1999. On 6th April, 1999 Ram Babu Sharma was found injured/wounded in Children Park, India Gate which is stated to be 300 to 400 yards from the residence of the place where he was on duty. Some persons saw Ram Babu in an injured condition and one of them informed the watchman Hari Ram and the police control room van standing nearby. He was removed to Ram Manohar Lohia Hospital. Th...
Auto and General Industries Vs. Northern Bench, Customs Excise and Gol ...
Court: Delhi
Decided on: Mar-20-2002
Reported in: 2002VIIIAD(Delhi)106; 2002(62)DRJ427; 2002(82)ECC27; 2002(143)ELT487(Del)
Dalveer Bhandari, J. 1. This is an application under Section 35(G)(3) of Central Excise & Salt Act, 1944 before this Court against Reference Order No. R/34/99-NB(DB) dated 27.10.1999 bearing File No. E2350/93-NB(DB) passed by the Customs, Excise & Gold (Control) Appellate Tribunal. 2. The Tribunal incorporated the following questions of law arising out of the Final Order No. A/947/97-NB dated 5.9.1997: 'Where the statement of the representatives of M/s. Baldev Metal Pvt. Ltd., M/s Bharat Alloy Cast. Co., M/s. Metal Cast, M/s. Simplex Traders remain uncorroborated by any material evidence on record, whether it is correct to hold that aluminium ingots and zinc alloy ingots supplied by these suppliers on the strength of their invoices, are non-duty paid or having been cleared at Nil rate of duty and thereby disallowing the MODVAT credit on deemed credit basis to the appellants in terms of Government order F.No. 342/1/88-TRU dated 1.6.89 and F.No. 342/1/88 dated 12.7.90. 2. Where there ex...
Sidharath Vashisth @ Manu Sharma Vs. State
Court: Delhi
Decided on: Mar-20-2002
Reported in: 2002IVAD(Delhi)477; 2002(3)Crimes370; 97(2002)DLT594; 2002(62)DRJ578
R.C. Chopra, J. 1. The petitioner is the main accused in case, commonly known as 'Jessica Lal Murder Case'. According to the prosecution, the petitioner had fired two bullet shots, one of which hit the deceased Jessica Lal resulting in her death. Shri Ram Jethmalani, Senior Advocate, while pressing for regular bail to the petitioner, has pointed out that all the three alleged eye-witnesses have failed to support the prosecution case and as such, there is no evidence whatsoever against the petitioner to connect him with the offence. He also contends that the prosecution case suffers from an inherent infirmity inasmuch as according to one of their own experts, the two bullets alleged to have been fired at the spot were fired by two weapons and not one, as alleged by the prosecution. According to him, the prosecution is merely flogging a dead horse knowing fully well that the petitioner is not likely to be convicted and as such, the petitioner deserves to be enlarged on regular bail. 2. I...
Glaxo India Limited Vs. Akay Pharma Private Limited
Court: Delhi
Decided on: Mar-20-2002
Reported in: 97(2002)DLT529; 2002(24)PTC577(Del)
J.D. Kapoor, J.1. Through this suit permanent injunction restraining the defendants from infringing the plaintiff's copy rights with regard to the packing material used by the plaintiff the product NILVERM which is an artistic work has been sought as it amounts to infringement of the copy right of the plaintiff in terms of Section 13 & 14 of the Copy Right Act, 1957.2. Plaintiff is a company incorporated under the Indian Companies Act, 1956 and has its registered office at Mumbai. It is engaged in the manufacture, marketing and distribution worldwide of a wide range of products known for their efficacy, reliability and excellent quality.3. The peculiar features of the packing material of this product are as under:-(i) Its base is in white colour. (ii) There are two horizontal green bands of equal dimensions on the top. (iii) The name of the Chemical composition of the drug Tetramisole in green colour wit the style and size of the English alphabet in it. (iv) There are five kinds of ani...
Rajat Mathur Vs. Shahzad Bahadur (Deceased) Through Legal Heirs and or ...
Court: Delhi
Decided on: Mar-20-2002
Reported in: 2002IVAD(Delhi)664; 97(2002)DLT246
S.N. Kapoor, J.1. I have heard the learned Counsel for the parties.2. The grievance of the petitioner is rejection of application under Order 13 Rule 2, CPC.3.1. It is submitted that the documents relating to the counter claim have already been admitted some documents and authenticity of those documents could not be doubted. These documents relate to creation of initial partnership, and would establish that the partnership has been dissolved from time to time by mutual consent and by which act alone is to be dissolved.3.2. The second category documents are audit reports, balance report, profit and loss accounts, balance sheets, etc. pertaining to the partnership firm in question and relate back to the year 1992 and some of even previous period. Chartered Accountant, Sh. Bhagwat Bihari Mathur is yet to be examined. The said documents having been filed before the Income Tax and Sales Tax Authority and as such are public documents and their veracity cannot be doubted.3.3 The third categor...
Hindustan Zinc Ltd. Vs. Punjab National Bank and ors.
Court: Delhi
Decided on: Mar-20-2002
Reported in: 2002VIAD(Delhi)256; AIR2002Delhi398; 97(2002)DLT930; 2002(62)DRJ845
Sharda Aggarwal, J.1. The plaintiff M/s Hindustan Zinc Ltd., a Government of India Enterprise, has filed the present suit for recovery under Order xxxvII CPC on the basis of irrevocable letter of credit (in short ILC) issued by Punjab National Bank, Court Road, Muzaffarnagar Branch, defendant No. 2 in their favor. Defendant No. 4 M/s Mohindra Steel Tubes Limited placed an order on the plaintiffs for purchase of furnace zinc weighing about 20.146 metric tons at the unit price of Rs. 44,500/- per metric ton. The plaintiff agreed to supply furnace zinc and defendant No. 4 opened an ILC with defendant No. 1 bank in favor of the plaintiff and the proceeds thereof were payable at Delhi. Defendant No. 2 Muzaffarnagar Branch of Punjab National Bank opened an ILC bearing No. 3/93 on 20th August, 1993 for a sum of Rs. 10 lakhs. According to terms and conditions of the ILC, the sight draft for the recovery of the value of the material supplied to defendant No. 4 was to be accompanied by the docum...
Indian Council of Medical Research Vs. Prem Chand and ors.
Court: Delhi
Decided on: Mar-20-2002
Reported in: 2002(64)DRJ238
Devinder Gupta, J.1. By this Writ petition the Indian Council of Medical Research (hereinafter referred to as ICMR) seeks to challenge an order dated 20.10.2000 passed by the Central Administrative Tribunal (hereinafter referred to as the Tribunal), holding that to all such of the private respondents herein, as fall within the definition of casual labourers, as provided in the Casual Labour (Grant of Temporary status and Regularisation) Scheme 1993, should be extended the benefits of the aforesaid Scheme provided, firstly if they have been engaged by respondents for a period of at least 206 days since respondents' organisation is observing the 5 day week and secondly subject to the said persons being in employment of respondents on the date of issue of the impugned order, and thirdly in case they fulfill the other eligibility qualifications prescribed in the Scheme. It was also ordered by the Tribunal that the said directions should be implemented within four weeks from the date of rec...
Manjinder Singh Suri Vs. D.R.i
Court: Delhi
Decided on: Mar-20-2002
Reported in: 2002(81)ECC694
R.S. Sodhi, J.1. This criminal appeal is directed against the judgment and order of the Special Judge in Sessions Case No. 97/96 whereby the learned Judge vide his judgment and order dated 29.8.1997 has held the appellant guilty under Sections 21 and 23 of the NDPS Act and further by a separate order dated 30.8.1997 sentenced the appellant to undergo rigorous imprisonment for a period often years with a fine of Rs. 1 lac and in default of payment of fine to further undergo rigorous imprisonment for six months for the offence under Section 21 of the NDPS Act. The same sentence was awarded under Section 23 of the NDPS Act. Both the sentences were directed to run concurrently.2. The facts of the case as has been noted by the trial Court are that: 'that on 14.9.1996 a secret information Ex. PW 7/A has been received by Shri S.K. Sharma wherein he was informed on telephone that a person namely the present accused would be carrying about 4-6 kg of heroin from Delhi to Canada on 15.9.96 by Air...
Sunil Synchem Ltd. Vs. Commissioner of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Mar-19-2002
Reported in: (2002)LC361Tri(Delhi)
1. The appellants are manufacturers of a pharmaceutical product. In the year 1985, they had imported a consignment of Veratraldehyde, a raw material for their final product, Methyl Dopa. The importation was under the Duty Exemption Entitlement Certificate [in short, DEEC] Scheme. The imported raw material was warehoused with the Central Warehousing Corporation (CWC) at Alwar under transit bond dated 27-2-86 and against CWC warrant dated 14-4-86. The initial period of warehousing was up to 26-5-86. The period was extended from time to time at the instance of the importers, who were the appellants herein, and, accordingly, the warehousing period stood extended up to 26-5-87.The goods were cleared from the warehouse without payment of duty under the DEEC Scheme on 23-9-87. At the time of clearance, however, the Customs authorities insisted on payment of interest on duty for the period 27-5-86 to 23-9-87, which was paid 'under protest' by the party while clearing the goods. The protest wa...
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