Delhi Court November 2003 Judgments
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Saroj Gupta and ors. Vs. Lt. Governor and ors.
Court: Delhi
Decided on: Nov-19-2003
Reported in: 108(2003)DLT756
S.K. Mahajan, J.1. The petitioners husband of appellant No. 1 Along with petitioners 2 and 3 had purchased an industrial plot in the Naraina Industrial Area, Phase I, Delhi a perpetual lease dated 25.4.1974 was prepared by the DDA. Since under the lease deed the construction was to be carried within specified period, the petitioners had been requested the respondent for extension of time for raising construction on the aforesaid plot of land and respondents had been granted demand of composition fee. In the meantime, the Urban Land Ceiling and Regulation Act came into operation and the petitioners applied for exemption under the said Act. I am informed that since the Act as seems to be exists, the application under the Urban Land Ceiling and Regulation Act has no reliance on the present case. On or about 3.12.1983, respondent No. 1 terminated the lease of the petitioners because of not constructing the building thereon in terms of the lease deed and directed the petitioner to hand over...
Smt. Prakash and anr. Vs. Sh. Jagdish Singh and ors.
Court: Delhi
Decided on: Nov-19-2003
Reported in: 109(2004)DLT148; 2004(73)DRJ748
S.K. Mahajan, J. 1. The appellant has filed this appeal for enhancement of compensation for the death of their son in a road accident caused by the rash and negligent driving of the offending vehicle being driven by its driver. The only ground urged in the appeal is that the Motor Accident Claims Tribunal while assessing the loss of dependency to the parents has not taken into consideration the future prospects in the life and career of the deceased and the dependency has been taken as 1/4th of the income of the deceased in place of 2/3rd as is normally taken in such cases. 2. The deceased was admittedly earning Rs. 1150/- per month by way of salary from his employer. It is now well-settled that while assessing loss of dependency to the family of the deceased, the Court must take into consideration the future prospects in the life and career of the deceased. Applying, thereforee, the principles laid down in Sarla Dixit and another Versus Balwant Yadav and others : (1993)IILLJ664SC I ta...
K.L. Verma and anr. Vs. Shri V.K. Sharma and anr.
Court: Delhi
Decided on: Nov-19-2003
Reported in: 2003(3)ARBLR532(Delhi); 108(2003)DLT699; 2004(72)DRJ47; 2004(1)RAJ309
S.K. Mahajan, J. 1. ADMIT.2. Matter being short, the same has been heard with the consent of the parties and disposed of by this order.3. This appeal is directed against the order of the learned Trial Court whereby the review application of the respondent was allowed and the judgment dated 20.12.1994 allowing the application of the respondent under Section 20 of the Arbitration Act and directing the appointment of an Arbitrator was set aside. A few facts relevant for deciding this appeal are :-4. The appellant and the respondent were partners. There having arisen certain disputes between the parties, appellant filed a suit for dissolution and rendition of accounts of the partnership. On being served with summons in the suit, the respondent filed an application under Section 34 of the Arbitration Act stating inter alias that as the matter in dispute between the parties was covered by an Arbitration Agreement, the suit cannot proceed and was liable to be stayed. The Court allowed this ap...
Smt. Jasbir Kaur and anr. Vs. Sh. Ashok Kumar Sehgal and anr.
Court: Delhi
Decided on: Nov-19-2003
Reported in: I(2004)ACC109; 2004IAD(Delhi)549; 108(2003)DLT647
S.K. Mahajan, J. 1. ADMIT.2. Matter being short, the same has been heard with the consent of the parties and disposed of by this order. 3. The appellant has filed this appeal for enhancement of compensation for the death of the husband of appellant No. 1 and father of appellants 2 to 5 who died in a road accident caused by the rash and negligent driving of the offending vehicle by its driver. The two grounds urged by learned counsel for the appellant for enhancement of compensation are - (1) that the future prospects in the life and career of the deceased have not been considered by the tribunal; and (2) in place of the multiplier of 11 which should have been applied in terms of the Second Schedule to the Motor Vehicles Act, the tribunal has applied the multiplier of 8.4. The tribunal on the basis of the material on record has taken the income of the deceased at Rs. 5,500/- per month. The deceased was 52 years of age and if not later he could not retire earlier than he had attained the...
Kanwaljit Kaur Vs. Pradeep Kumar and ors.
Court: Delhi
Decided on: Nov-19-2003
Reported in: I(2004)ACC274; 2004ACJ1155
S.K. Mahajan, J.1. Admit.2. The appellant has filed this appeal for enhancement of compensation for the death of one Mr. Inderjit Singh husband of appellant No. 1 and father of appellants 2 and 3 in a road accident caused by the rash and negligent driving of the offending vehicle by its driver. The grounds urged in this appeal are (i) that despite there being sufficient evidence before the Tribunal to hold that the income of the deceased at the relevant time was Rs. 6000 to 7000/- per month, the Tribunal has taken the income of the deceased at Rs. 1000/- and (ii) the amount being spent by the deceased upon himself has been taken to be 1/3rd of his income, though, in view of the judgment of the Supreme Court in U.P. State Road Transport Corporation v. Trilok Chandra : (1996)4SCC362 it should have been taken as 1/4th of the income of the deceased. 3. The witnesses who had appeared on behalf of the appellant before the Tribunal though had stated that the deceased was having three machines...
Hindustan Prefab Ltd. Vs. Labour Commissioner and ors.
Court: Delhi
Decided on: Nov-19-2003
Reported in: 108(2003)DLT585; 2004(3)SLJ457(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. This writ petition challenges the Award dated 27th August, 2002, passed by the Industrial Tribunal in ID. No. 906/1990, directing the reinstatement with full back wages till the workman staining the age of 58 years as well as the other retiral benefits in favor of the workman. 4. There are two pleas raised by the petitioner's Counsel. Firstly considering the fact that the petitioner was a Public Sector Undertaking, fully owned by the Ministry of Urban Development, Government of India, the appropriate Government ought to have been the Central Government and the reference having been made by the Government of NCT of Delhi and the award consequent thereto are both without jurisdiction. 5. The following observations have been made in the aforesaid judgment in Municipal Corporation of Delhi v. Mahavir, reported as 2002 VII AD (Delhi) 593: 'Thus even if in a ...
Ashok Kumar Roy Vs. Chanda Devi and ors.
Court: Delhi
Decided on: Nov-19-2003
Reported in: 2004IAD(Delhi)642; 108(2003)DLT747; 2004(72)DRJ413
R.S. Sodhi, J. C.M.713/2003: (for exemption) Allowed subject to just exceptions.R.S.A. 208/2003 & C.M. 712/2003 : 1. Regular Second Appeal 208 of 2003 is directed against the judgment and order dated 6.11.2003 of the learned Additional District Judge, Delhi, in R.C.A. No. 20 of 2003 upholding the order of the Civil Judge dated 26.4.2003 dismissing the objections of the appellant filed against the judgment and decree dated 30.9.1985 for possession passed in Suit No. 155/1982. 2. Brief facts of the case, as noted by the learned Additional District Judge, are that: '1. This appeal would demonstrate the limits and the extent to which the appellant has exploited, misused and abused the judicial process for retaining the possession of the suit premises even after losing up to the Hon'ble Delhi High Court in 2nd appeal against decree of possession passed by the trial Court then presided over by Sh. Z.S. Solanki, Sub-Judge, Delhi on 30.9.1985. Indeed, my judicial conscience got pricked and was...
Rita Choudhrie and anr. Vs. Samtya Dev and anr.
Court: Delhi
Decided on: Nov-19-2003
Reported in: 2004(72)DRJ518
R.S. Sodhi, J.1. This petition is directed against the order of the Deputy Commissioner and Additional Collector, North, in Appeal No. 10/98, whereby the Additional Collector has dismissed the appeal of the petitioner on the ground that no appeal lies from the impugned order.2. The brief facts of the case as noted by the Deputy Commissioner and Additional Collector, North, are as follows :' The background of the case is as follows. Satya Dev (herinafter referred to as 'Party No. 1') filed a petition under Section 85 of the the Delhi Land Reforms Act, 1954 against Rita Choudharie and Sudhir Choudharie (both are jointly hereinafter referred to as 'Party No. 2') for declaring him as Bhumidar of the land comprised in Khasra No. 6/21/1 (2-16) and 6/21/2 (2-0) situated in the revenue estate of Village Burari, Delhi belonging to Party No. 2. Due to absence of party No. 2, the case was ordered to proceed ex-parte against them by the SDM/Revenue Assistant vide order dated 16-11-93. Subsequently...
Hissar Medical Diagnostic and Vs. C.C.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-18-2003
Reported in: (2004)(93)ECC174
1. This is an application filed by M/s Hissar Medical Diagnostic & Hospitals Ltd. for waiver of pre-deposit of Customs duty amounting to Rs. 27,06,700 and equivalent amount of penalty.2. Shri R.P. Singh, learned Consultant, submitted that the applicants imported one whole body scanning machine from Japan in 1992 and cleared the same without payment of duty availing the benefit of Notification No. 64/88-Cus dated 1.3.86; that the Commissioner under the impugned Order has confirmed the Customs duty and imposed penalty besides confiscating the impugned scanner on the ground that the conditions specified in the Notification have not been complied with by the Applicants; that they have fulfilled the conditions of the notification and as such they are eligible for the availment of the benefit of exemption notification. Finally the learned Consultant submitted that their financial condition is hot sound as the Applicants have suffered a loss of Rs. 19,452 in 2002-03.3. Countering the arg...
S.S. Poly Printers and Jindal Vs. Cce
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-18-2003
Reported in: (2004)(92)ECC365
1. Both these appeals are directed against the same order of adjudication. Accordingly, they are taken up for consideration together for disposal by this common order.2. The appeals challenged the findings of the Commissioner with regard to the eligibility for exemption under Notifications No. 15/94-CE dated 1.3.94 and 8/96-CE dated 23.7.96 as well as the quantification of the value of job work. First, the findings themselves: We reproduce paras 4.3 and 4.4 of impugned order which contain the findings: "4.3 During the personal hearing on 14.2.2003 and vide their submissions dated 19.2.2003 the following two issues were raised (a) the applicability of Notification No. 15/94 & Notification No. 8/96 and exclusion of value of job charges for printing of poly bags. (b) Applicability and the correctness of figures of job charges collected especially by M/s. S.S. Polyprinters in the years 94-95, 95-96 as certified by the Chartered Accountant. 4.4 With regard to the first issue, I find th...
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