Delhi Court October 2003 Judgments
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Shri Virender Vs. Municipal Corporation of Delhi and anr.
Court: Delhi
Decided on: Oct-23-2003
Reported in: 109(2004)DLT185; 2004(73)DRJ755; 2004(3)SLJ400(Delhi)
Mukul Mudgal, J.1. Rule.2. With the consent of the counsel for the parties, the writ petition is taken up today for final hearing.3. There are two prayers made in the writ petition which read as follows:-'1. Issue an order, direction or a writ in the nature of certiorari or any other appropriate writ, order or direction quashing the award dated 20.11.2002 passed by the Presiding Officer, Labour Court No.IX in I.D.No.1729/94 (Old No.188/92) to the extent that it denies the Petitioner 50% of back wages. II. Issue a writ of mandamus directing the Respondent No.1 to reinstate the Petitioner in service with continuity of service and full back wages payable from the date of illegal termination till date of reinstatement.' As far as the first prayer is concerned for quashing the award dated 20th November, 2002. As far as the second prayer is concerned for a mandamus seeking reinstatement with continuity of service and full back wages.4. The two orders of this Court dated 4th August, 2003 and ...
J.K. Synthetics Ltd. Vs. Commissioner of Income Tax
Court: Delhi
Decided on: Oct-23-2003
Reported in: (2003)185CTR(Del)453
D.K. Jain, J.1. Challenge in his writ petition is to the validity of the order, dt. 10th Sept., 1987, passed by the CIT, Delhi(Central)-I, New Delhi (hereinafter referred to as 'the CIT'), affirming the order passed by the ITO on 6th May, 1985, declining to waive/reduce interest charged from the petitioner (hereinafter referred to as 'the assessed'), under Section 215 of the IT Act, 1961 (for short 'the Act'), because of shortfall in the payment of advance tax.2. Shorn of unnecessary details, the background facts, relevant for the present purpose are as follows :The petitioner, a public limited multi-unit company is engaged in the business of manufacture of yarn, cement, etc. For the asst, yr. 1975-76, for which the relevant previous year ended on 31st Dec., 1974, the assessed filed its return of income on 1st Oct., 1975, declaring a total income of Rs. 3,88,63,416. Assessment for the said assessment year was completed on 23rd Sept., 1978. Since the ITO was of the view that there was d...
G.S. Batra Vs. R.N. Mehrotra and ors.
Court: Delhi
Decided on: Oct-23-2003
Reported in: 110(2004)DLT387; 2004(72)DRJ97
Mukul Mudgal, J.1. Rule.2. There is no appearance for the respondent. The petition is taken up for final hearing.3. It is not in dispute that the petitioner was employed in the Delhi office of the respondent and sought to raise a dispute relating to the termination of his services by respondent No. 2. By the award dated 12.1.76 impugned in this writ petition, the Labour Court has held that the Delhi Administration is not the Appropriate Government for making the reference on the following reasoning :'.... An 'industrial dispute' arises not necessarily at the place where the workman are residing and working but at the place where their employer is exercising effective control over them. It is, thereforee, urged that since in the present case evidently, the administrative control was exercised from the head office at Bangalore, and even the transfer orders had been passed from there, and the concerned workman had admittedly been making representations also to the head office, and transfe...
Daler Singh Vs. State of Nct of Delhi and anr.
Court: Delhi
Decided on: Oct-23-2003
Reported in: 2004(72)DRJ465
S.K. Agarwal, J.1. By this petition under Section 438, Cr.P.C. petitioner is seeking pre-arrest bail in case FIR No. 498/2003 registered under Sections 406/420/120-B, IPC at P.S. Patiala Sadar, Punjab.2. On 19.9.2003, above case was registered on the complaint of one Bakshish Singh resident of village Balbera, Distt. Patiala, Punjab, alleging that he wanted to get a visa for going to Canada; and expressed his desire to Surinder Singh, whom he knew from before, who arranged a meeting of the complainant with Shamsher Singh, Daler Singh (petitioner), Tejinder Singh and Harchand Singh. They demanded Rs. 15.0 lacs for arranging visa for Canada and the deal was settled for Rs. 12.0 lacs. The complainant gave Rs. 2.0 lacs and his passport on 8.5.2003 to said four persons (except petitioner) at Patiala and remaining Rs. 10.0 lacs was agreed to be paid after the visa was granted. After some time the complainant was informed that visa has been granted from 2.6.2003 to 1.12.2003, and he was made ...
Jayanti Metals and Alloys Vs. Commissioner of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Oct-22-2003
Reported in: (2004)(164)ELT434TriDel
1. These two appeals are against the order of the Commissioner (Appeals), the operative part of which reads as under :- "In view of above I confirm the order concerning demand of excise duty of Rs. 49,692/- and reduce the penalty on appellant to Rs. 15,000/- under Rule 173-Q read with Rule 226 of Central Excise Rules, 1944. Since Shri Ajay Gupta, Partner is not the appellant, I have no reasons to interfere in the Adjudicating Authority regarding penalty on him." 2. Appeal No. 909/2003 is by the partnership firm and Appeal No.908/2003 is by one of its partners, namely Shri Ajay Gupta. The partner's appeal challenges the penalty of Rs. 20,000/- imposed on him under Rule 209A by the original authority. In this appeal, there is a further grievance that the Commissioner (Appeals) has not considered the appeal of Shri Ajay Gupta.3. I have examined the records including a copy of the Memorandum of Appeal filed by the parties before the lower Appellate Authority. It appears from the said Memo...
Rajesh Kumar Arora and anr. Vs. State Bank of Hyderabad and ors.
Court: DRAT Delhi
Decided on: Oct-22-2003
Reported in: III(2004)BC169
1. 1st respondent-Bank Slate Bank of Hyderabad (hereinafter referred to as 'the respondent-Bank") filed Original Application 106/2001 against appellants (who are defendants 2 and 1 respectively in the Original Application; and hereinafter referred to as "the appellants-defendants") and three other defendants before the Debts Recovery Tribunal-I, Delhi (hereinafter referred to as "the DRT") for the recovery of Rs. 68,59,095/- with interest and costs.2. The learned Presiding Officer of the DRT passed the final order dated 12.4.2002 against the appellant-defendants.3. The appellant-defendants filed Miscellaneous Application 138/2002 on 23.7.2002 to set aside the said final order urging that there was no service on summons on them, that neither the orders setting them ex parte nor the final order was served upon them and, therefore, they have been denied an opportunity to put for their case. The appellant-defendants also urged that Mr. Manoj Munde, the field officer of the respondent-Bank...
Kedar Nath Kohli Vs. Sardual Singh and anr.
Court: Delhi
Decided on: Oct-22-2003
Reported in: 2003VIIIAD(Delhi)313; 107(2003)DLT577; 2004(72)DRJ36
Dalveer Bhandari, J.1. This appeal is directed against the judgment and decree dated 2nd November, 1985 passed by the learned Sub Judge, Delhi in Suit No.17/81.2. Brief facts according to the appellant are as under:3. The appellant's father, Shri Mehar Chand Kohli, purchased two plots, plot Nos.22 and 27,(new municipal number is 1443) at Wazir Nagar, Kotla Mubarakpur, New Delhi. The registered sale deeds in respect of both these plots are in the name of the appellants' father which were Ex. 12 & 13 in Suit No.303/69 (Mehar Chand Kohli vs. M/s Narang Overseas Ltd. & Ors.). 4. On 1.8.1967 vacant possession of both these plots were given to M/s Narang Overseas Pvt. Ltd. by executing a lease deed for a period of one year on a monthly rent of Rs.60/-. The tenancy which was limited for a period of one year came to end by efflux of time. In terms of the rent agreement one month's notice was given to M/s. Narang Overseas Pvt. Ltd. requiring them to vacate the suit premises and hand over vacant...
Captan Singh and ors. Vs. Oriental Insurance Co. Ltd. and ors.
Court: Delhi
Decided on: Oct-22-2003
Reported in: II(2004)ACC808; 2005ACJ910; 112(2004)DLT417
S.K. Mahajan, J. 1. The appellants have filed this appeal for enhancement of compensation awarded by the Motor Accident Claims Tribunal for the death of one Mrs.Rama Devi wife of appellant no.1 and mother of appellants 2 to 4 in a road accident caused by the rash and negligent driving of the offending vehicle by its driver. 2. The only point argued by learned counsel for the appellant is that gratuitous services rendered by the deceased to the family have been evaluated by the tribunal only at Rs.660/- per month. Learned counsel has relied upon the judgment of the Supreme Court in Lata Wadhwa and others Versus State of Bihar and others : (2001)IILLJ1559SC wherein it was observed that the multifarious services rendered by the housewives for managing the entire family even on a moderate estimate should be Rs.3,000/- per month or Rs.36,000/- per year. Relying upon this judgment, learned counsel for the appellant has submitted that the gratuitous services rendered to the family by the dece...
Continental Construction Ltd. Vs. the Chief Engineer (Construction)
Court: Delhi
Decided on: Oct-22-2003
Reported in: 2003VIIAD(Delhi)510; 2003(3)ARBLR673(Delhi); 110(2004)DLT340; 2003(71)DRJ644; 2004(1)RAJ187
Dalveer Bhandari, J.1. In this petition the petitioner has prayed that the impugned judgment dated 26.11.2001 passed by the learned Single Judge limited to the aspect as to the applicability of the Arbitration Act,1940 be set aside. It is also prayed that an independent and impartial sole arbitrator be appointed. The short controversy involved in this petition is whether in the facts and circumstances of the case whether the Arbitration Act,1940 would be applicable or the controversy is required to be adjudicated by the Arbitration and Conciliation Act,1996.2. Brief facts which are not in dispute are recapitulated as under. The petitioner, M/s Continental Construction Limited entered into a contract for construction of sub-structure including well foundation and prestressed concrete box girders for road upper-structure with contractor's own design in connection with the construction of rail link between Chhitauni (U.P) and Bagah (Bihar). Certain disputes had arisen between the petition...
Shri A.K. JaIn S/O Shri P.S. JaIn Vs. Municipal Corporation of Delhi T ...
Court: Delhi
Decided on: Oct-22-2003
Reported in: 2004IAD(Delhi)58; 108(2003)DLT93; 2004(2)SLJ338(Delhi)
Vijender Jain, J.1. Rule.2. The petitioner had registered his name with the Employment Exchange, Delhi which sponsored the name of the petitioner to the Municipal Corporation of Delhi for appointment to the post of Junior Engineer (Civil). Petitioner was asked by respondent/MCD to send all his testimonials and experience certificates to the respondent/MCD. On 15th July, 1996 petitioner submitted all his testimonials and certificates with the respondent. When the petitioner did not hear anything from the respondent/MCD he made representation as to why the case of the petitioner was not considered in spite of the fact that person who has secured less percentage than the petitioner was considered and appointed. The petitioner filed the writ petition being C.W. 1105/97. The Court disposed of the writ petition issuing direction to the respondent/MCD to appoint the petitioner to the post of Junior Engineer. The Court recorded that original documents were submitted for verification to the res...
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