Delhi Court April 2002 Judgments

Em and Em Associates Vs. Delhi Development Authority and anr.

Court: Delhi

Reported in: AIR2003Delhi128; 2002(2)ARBLR222(Delhi); 97(2001)DLT835

Vikramajit Sen, J. 1. By means of this Appeal the Appellant M/s. Em & Em Associates (hereinafter referred to as 'the Contractor'), has assailed the impugned judgment dated 26.5.1989 of the Learned Single Judge, in respect of Claims 3 & 4 and 16 to 18. We shall consider Claims 3 and 4 together as has been done in the Statement of Claims, in the arbitral Award, and in the judgment of the Learned Single Judge. These Claims are - 'that the rates quoted by the Claimants in their tender were based on the quantities shown in the Schedule to the tender documents but when the work was actually carried out it was found by the Claimants that the quantity shown in the schedule to tender documents was wrong and as a result of the wrong quantities mentioned in respect of Box-Liners and Shutters in the schedule to the tender documents by the respondent the claimants suffered a loss of Rs. 1,06,725.51 i.e. Rs. 30,483.66 in respect of Box Liners and Rs. 76,241.85 in respect of Shutters. The respondent ...

Sh. Amit Sachdeva Vs. Union of India (Uoi) and ors.

Court: Delhi

Reported in: 2002VAD(Delhi)955; 97(2002)DLT967; 2002(62)DRJ809

Vijender Jain, J.1. Rule.2. This writ petition can be disposed of at this stage itself.3. The petitioner was appointed as Lecturer in Shri Ram College of Commerce University of Delhi. Under the terms of appointment the petitioner was entitled for house rent allowance. The petitioner's father was employed with Tuberculosis Associations of India. It seems that there is some disputes inter se with Tuberculosis Associations of India and father of the petitioner. On some complaint received from TAI, respondent No. 3/University Grants Commission directed respondent No. 4, to recover the house rent allowance which was given to the petitioner.4. Counsel for respondent No. 3 as a matter of fact has admitted that no show cause notice was issued to the petitioner. Counsel for respondent No. 3 contended that they had requested to respondent No. 4 to conduct enquiry.5. House rent allowance which was given to the petitioner was pursuant to the service condition of the respondent. It seems that stand...

Surinder Bhushan Gupta Vs. Manager Telephone Nigam Ltd. and anr.

Court: Delhi

Reported in: 2002VAD(Delhi)224; 97(2002)DLT984; 2002(63)DRJ405

1. Rule.With the consent of the parties, writ petition is taken up for disposal.2. The petitioner is aggrieved by the award dated 15.1.2001 and has filed the present writ petition seeking its quashing.The relevant facts briefly noted are as under:-The petitioner is aggrieved in particular of bill cycle dated 16.12.1997 for the period 1.10.1997 to 30.11.1997 in the sum of Rs. 47,774/- for its telephone. Case of the petitioner is that everage telephone bill was in the range of Rs. 1000/- to Rs. 3000/- per month. The bill for the billing cycle 16.12.1997 was grossly excessive and exhorbitant. In naturally pained the petitioner, who sought arbitration. The arbitrator considered the claims of the petitioner. The main grievance of the petitioner was that the call charges and details of this particular bills have not been disclosed except the total amount. The respondents took the position that the petitioner had been enjoying dynamic STD facility on his telephone, which ruled out and possibi...

Pfizer Products Inc. Vs. B.L. and Company and ors.,

Court: Delhi

Reported in: 2002(25)PTC262(Del)

A.K.Sikri, J.1. Sex is an inescapable part of us. It is there from the moment of birth when we are given a sexual identity - boy or girl - and it is with us until the day we die - when it goes on the death certificate.2. Ever since Adam and Eve ate forbidden apple and were transported to earth, sex has become basic human instinct. Among other creatures copulation may be only a biological act - for procreation. However, for human beings, sexual intercourse is not only procreative. It is creative as well. It has been described as 'the greatest driving force in the living world'.2. No wonder then, that much is written about it. From time immemorial. On how to enjoy it most. On how to continue to enjoy and be sexually active even at advanced stage of life. Vatsyayana's 'Kamasutra' has placed him among the immortals and no better elegy or eulogy can be written than the following lines:'So long as lips shall kiss and eyes shall see. So long lives This, and This gives life to Thee'.3. Tantra ...

Anand Charitable Trust Vs. Cwt and ors. (2) Dharan Chand Charitable Tr ...

Court: Delhi

Reported in: (2002)175CTR(Del)19

Judgment S.B. Sinha, C.J.All these writ petitions involving similar questions of law and fact were taken up for hearing together and are being disposed of by this common judgment.However, the fact of the matter is being noticed from CW 129 of 1982.2. The petitioner is a public charitable trust constituted and founded in terms of Indenture dated 8-4-1971, made by Shri Dharam Chand Anand. The founder constituted an HUF under name and style of 'Dharam Chand Anand & Sons wherein his wife Smt. Chandan Kanta Anand and his Sons Ltd. S/Shri Deep Chand Anand, Jagdish Chand Anand, Kuldip Chand Anand and Shri Satish Chand Anand were members. They held 4,500 shares in Gabriel India Ltd. A smaller HUF constituting of himself and his wife Smt. Chandan Kanta had also been created and the said smaller HUF owned 2,000 shares in Asia Automotive Pvt. Ltd. The said HUF donated to the petitioner 1,000 shares value of Rs. 100 each of Gabriel India Ltd. on 4-2-1972, and 500 equity shares of face value of Rs....

Manoj Hajela Vs. State Bank of India

Court: Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

Lokeshwar Prasad, President: 1. The present appeal, filed by the appellant under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as the Act), is directed against order dated 23.1.2002, passed by District Forum-II, Udyog Sadan Institutional Area, New Delhi in Complaint Case No. 922/1999 entitled Mr. Manoj Hajela v. The Manager, State Bank of India, Masjid Moth, GK-II, New Delhi. 2. The facts, relevant for the disposal of the present appeal briefly stated are that the appellant Shri Manoj Hajela had filed a complaint under Section 12 of the Act before the District Forum averring that the appellant had opened a Saving Bank Account (Saving Bank Account No. 8298 with the respondent Bank and in respect of the above said account the respondent Bank had issued a cheque book and pass book to the appellant for operating the said account. It was stated that on receipt of the statement of account it was noticed by the appellant that the statement of account showed an exce...

Shriganesh Texfab Ltd. Vs. Commissioner of C. Ex., Vadodara

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2002)(81)ECC788

1. This order will dispose of both the above captioned appeals against the order dated 20-9-2001 passed by the Commissioner of Central Excise.2. The issue involved in both these appeals relates to the liability of the appellants for payment of duty under the Compounded Levy Scheme.The Commissioner had denied the benefit of this Scheme to the appellants holding that there was no proprietary interest in any factory primarily and substantially engaged in the spinning of yarn from fibres or weaving or knitting of fabrics; that there was no facility in the factory for carrying out heat setting or drying with the aid of power or steam exclusively in hot air stenter, that there was no bleaching, dyeing or printing of any one or more of these processes with the aid of power or steam undertaken in the factory; and that the original value of investment in the plant and machinery was more than 3 crores.3. The learned Counsel while assailing the order of the Commissioner in both the appeals, has ...

Commissioner of Central Excise, Vs. Pure Pharma Ltd.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2002)LC177Tri(Delhi)

1. The issue involved in this Appeal preferred by Revenue is whether the placing of different medicaments in a container amounts to manufacture in terms of Note 5 to Chapter 30 of the Schedule to the Central Excise Tariff Act.2. Shri V.K. Verma, learned Departmental Representative submitted that the respondents M/s. Pure Pharma Ltd. manufacture medicines as well as purchase them from the market; that both the type of medicines were placed by them in a container which wa; called by them as medicine kit; and supplied to M.P. Laghu Udyog Nigam; that the duty was paid only on the medicine manufactured by the respondents and not on the boughtout medicines; that a show cause notice were issued to the respondents for demanding Central Excise duty on the medicines kit itself; that the Assistant Commissioner under Order No. 191/2000, dated 11-5-2000 dropped the further proceedings holding that the medicine kit was prepared for a specific purpose that is to distribute the medicines free of char...

insulation Electricals Pvt. Ltd. Vs. Commissioner of C. Ex.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2002)(145)ELT639TriDel

1. The dispute raised in this appeal relates to the Central Excise Classification of rail assembly front seat Adjuster/Assembly Slider seat and Rear back seat lock assembly. The goods were being classified under Chapter Heading 87.08 for several years. The impugned orders have changed the classification to Chapter Heading 94.01. The Order-in-Original Nos. 233-234/99, dated 24-11-99 of the Deputy Commissioner of Central Excise held as under :- "The issue involved in this case is classification of rail assembly front seat adjuster/assembly slider seat, YE-2 Rear Base Lock Assembly under Chapter Heading 9401 instead of Chapter Heading 8708. It is matter of record that the party supplied their product to M/s. Bharat Seats Ltd. who are manufacturer of car seats falling under Tariff Heading 94.01. This proves beyond doubt that the goods in question are only parts of motor vehicle seat classifiable under 9401. The case laws referred to by the party in this matter are irrelevant. It is also v...

Rewa Gases Pvt. Ltd. Vs. Commissioner of Central Excise,

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2002)(81)ECC765

1. This appeal has been preferred by the appellants against the impugned order passed by the Commissioner dated 24-12-2001 vide which he reviewed the order-in-original of the Deputy Commissioner under the Finance Act, 1994 read with Service Tax Rules and directed the appellants to pay the service tax of Rs. 11,663/- along with interest and also imposed penalty of Rs. 1,000/- on them.2. The appellants are holder of Registration Certificate dated 5-1-1998 for the purpose of discharging/paying service tax on the services provided to them by the goods transport operators. The Government imposed service tax on the Goods Transport Operators w.e.f. 16-11-1997.They were served with a show cause notice for contravention of Section 70 of the Finance Act, 1994 (hereinafter referred to as the 'Act') for having not furnished prescribed quarterly ST-3 Returns for the period November, 1997 to June, 1998. The Deputy Commissioner, however, dropped the proceedings against them through the order-in-orig...