Delhi Court November 2003 Judgments
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Bhomika International Ltd. Vs. Cc
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-25-2003
Reported in: (2004)(92)ECC268
1. The appellant M/s. Bhomika International Ltd. is a 100% Export Oriented Unit (EOU) engaged in the manufacture of cotton knitted fabrics. It is obliged under law to export the goods manufactured by it, except for the quantities allowed to be sold, upon payment of duty, in the domestic market. During the period 8.3.2000 to 7.6.2000 the appellant sent a quantity of over 75000 kgs. of fabric for processing to other units in the Domestic Tariff Area. These goods were required to be brought back and exported. The impugned order has held that these goods were never brought back. Instead, the appellant obtained some other fabrics valued about Rs. 41 lakhs with a view to substituting them for the goods cleared for processing. The impugned order has confiscated those goods. In addition, duty demand of Rs. 34.5 Lakhs has been made on the goods cleared and a penalty of Rs. 10 Lakhs has been imposed.2. There is also a personal penalty of Rs. 1 lakh on Shri Basant Sen Sharma, M.D. of the appella...
Smt. Vasavi Pratap Chand Vs. D.C.i.T., Osd-xi [Alongwith
Court: Income Tax Appellate Tribunal ITAT Delhi
Decided on: Nov-25-2003
Reported in: (2004)89ITD73(Delhi)
1. These appeals involving common issue were heard together and are being disposed of by the common order for the sake of convenience.Though various grounds have been raised by the assessees in the memorandum of appeals but the main effective ground relates to the determination of the cost of acquisition/indexed cost of acquisition for the purpose of computing the capital gain.2. Briefly stated, the facts of the case are that a property at 6, Aurangzeb Road, New Delhi comprising of a house and an open land around it totaling 2.85 acres was purchased by Shri Sumer Chand around 1947 for Rs. 2-3 lacs. After the death of Sumer Chand in 1951, Shri Pratap Chand succeeded to the property and by 1953-54, it was converted into HUF property comprising of Shri Pratap Chand, his wife Smt. Vasavi Pratap Chand and son Shri Sidharth Pratap Chand. No construction after the purchase of the property in 1947 was ever made till date by any one of them. When Sidharth Pratap Chand became adult in 1969-70, ...
D.T.C. and anr. Vs. Smt. Surinder Kaur and ors.
Court: Delhi
Decided on: Nov-25-2003
Reported in: II(2004)ACC894; 2004(72)DRJ55
S.K. Mahajan, J. 1. This appeal was fixed for final hearing on 4.11.2003 but as no one was present on behalf of the appellant, the appeal was dismissed in default on that day. This application is now filed for restoration of the appeal on the ground that since the counsel was busy in another matter, he reached this court a bit late and due to his absence, the matter was dismissed in default. The case relates to the year 1993 in respect of compensation to the legal heirs of the person who had died in a road accident in the year 1990. Mr. Dhir states that he will have no objection to the matter being heard finally today itself after restoration of the appeal. In this view of the matter, this application is allowed and the appeal is restored to its original number. The application stands disposed of.FAO No.251/19932. This appeal is directed against the award of the Motor Accident Claims Tribunal whereby the tribunal after holding that the accident was caused due to the rash and negligent ...
Mohd. Shafi and ors. Vs. Om Metals and Mineral (P) Ltd. and anr.
Court: Delhi
Decided on: Nov-25-2003
Reported in: III(2004)ACC171; 2005ACJ1651; 112(2004)DLT936
S.K. Mahajan, J.1. ADMIT.2. With the consent of the parties, the matter has been heard and disposed of by this order.3. Appellants have filed this appeal for enhancement of compensation awarded by the Motor Accidents Claims Tribunal for the death of the son of appellants 1 and 2 in a road accident caused by the rash and negligent driving of the offending vehicle.4. The only point urged in this appeal is that after taking the income of the deceased at RS. 1500/ 1600 per month the Tribunal has not considered the future prospects in the life and career of the deceased and the loss of dependency to the family has been assessed on the basis of the income at the time of his death. I find merits in the contention of learned counsel for the appellant inasmuch as while considering the loss of dependency to the family, it is the duty of the Courts and the Tribunal to consider the rise in cost of living and inflation as also the future prospects in the life and career of the deceased. The decease...
Mmtc Limited Vs. International Commodities Export Corporation and ors.
Court: Delhi
Decided on: Nov-25-2003
Reported in: 2004(1)ARBLR12(Delhi); 108(2003)DLT474; 2004(72)DRJ442; 2004(1)RAJ287
Mahmood Ali Khan, J. 1. This order will dispose of an application filed by the petitioner under Section 5 and 11 of the Arbitration Act, 1940.2. The facts leading to this application as disclosed in the petition are that under an agreement dated 23.6.1992 the petitioner purchased 80,000 MTs of S.Bright Yellow Sulphur Crude and Soluble of Saudi Arabian origin. Dispute and differences arose between the parties in respect of this supply and to resolve it the respondent no. 1 invoked arbitration clause 16 of the agreement and appointed Mr. A.K. Khandwala as their arbitrator and further called upon the petitioner to appoint its arbitrator. The petitioner appointed Mr.T.V. Shanbagh as its arbitrator. Respondent no.1 raised certain objections to this appointment so Mr.Shanbagh resigned and the petitioner appointed Mr. Justice (Retd.) B.J. Dewan as arbitrator in accordance with the terms of the arbitration clause. The arbitration proceedings were to be held in Delhi. After the appointment of t...
Kanchi Singh Vs. State of (Nct of Delhi)
Court: Delhi
Decided on: Nov-25-2003
Reported in: 108(2003)DLT684; 2004(72)DRJ461
S.K. Agarwal J.1. This is a petition under Section 438 with Section 482, Cr .P.C for grant of anticipatory bail to the petitioner in case FIR No. 319/2003 under Sections 420/468/471/34, IPC, P.S. Okhla Industrial Area, New Delhi. 2. This case was registered on a complaint lodged by Mr. S.S. Sharma, resident of Village Nagdi, Bihar, alleging that on 3.4.2003, at about 10.30 a.m., he went to the post office at Okhla, Phase-I for sending some money to his village through Money Order (for short 'MO'); and he made inquiries from the petitioner, Kanchi Singh, who was the Post Master. Petitioner introduced him to another person sitting near the door, whose name he came to know later as Ramdhani Mishra. He was sent there to get the MO form filled up and for receipt. Complainant handed over Rs. 2,000/- to Ramdhani Mishra and also paid Rs. 100/- towards fee and expenses, the money was handed over to the petitioner by Ramdhani Mishra in the presence of the complainant and a Receipt was given to t...
D.T.C. and anr. Vs. Smt. Vidya Rani and ors.
Court: Delhi
Decided on: Nov-25-2003
Reported in: 109(2004)DLT121; 2004(73)DRJ753
S.K. Mahajan, J. 1. This appeal was fixed for final hearing on 4.11.2003 but as no one was present on behalf of the appellant, the appeal was dismissed in default on that day. This application is now filed for restoration of the appeal on the ground that since the counsel was busy in another matter, he reached this court a bit late and due to his absence, the matter was dismissed in default. The case relates to the year 1993 in respect of compensation to the legal heirs of the person who had died in a road accident in the year 1990. Mr. Dhir states that he will have no objection to the matter being heard finally today itself after restoration of the appeal. In this view of the matter, this application is allowed and the appeal is restored to its original number. The application stands disposed of.FAO No. 245/19932. This appeal is directed against the award of the Motor Accident Claims Tribunal whereby the tribunal after holding that the accident was caused due to the rash and negligent...
Pankaj Goel (Dr.) Vs. State
Court: Delhi
Decided on: Nov-25-2003
Reported in: 2003VIIIAD(Delhi)202; 108(2003)DLT692
S.K. Agarwal, J. 1. By this petition under Section 438, Cr.P.C. for grant of anticipatory bail in case FIR No. 166/2002 under Sections 420/468/471, IPC, P.S.I.P. Estate, Delhi. 2. The above noted case was registered on the basis of complaint lodged by Medical Council of India (for short, 'MCI'), alleging that when the petitioner applied for registration with it, claiming that he had obtained diploma in M.D. from Ukraine, he submitted the marks-sheet of 10 + 2 showing that he has passed 10 + 2 examination from the Assam Higher Secondary Education Council, Guwahati; it was sent for verification and found to be forged. Accordingly, FIR was registered. Relevant portion of the FIR reads as under: 'Accordingly a copy of 10+2 marks-sheet issued in respect of Dr. Pankaj Goel was sent for verification to the Secretary, Assam Higher Secondary Education Council, Bamvuuimaidan, Guwahati. The Secretary, Assam Higher Secondary Education Council, Guwahati vide their letter dated 19.9.2001 informed th...
Troy Niemans and anr. Vs. State (Delhi Admn.) and anr.
Court: Delhi
Decided on: Nov-25-2003
Reported in: 110(2004)DLT545; 2004(72)DRJ689
J.D. Kapoor, J. Crl.M. 6229/20031. Exemption allowed subject to all just exceptions.Crl. M. (M) 4608/2003 and Crl. M. 6228/20032. Both the petitioners and respondent are present in person. They state that they have settled their disputes amicably.3. Petitioners are foreign nationals. They were given a job by the respondent for editing the film, and a regular contract was entered into. The petitioners in their capacity as Editor and Assistant Editor were entrusted by the complainant with editing task and handed over footage of the film, tapes and data in relation to the film. On the night of 21st, 22nd October, 2003, the petitioner without completing the contractual task were removing the footage of the film from the country. While they were at the airport they were detained on the complaint of respondent No. 2 for criminally misappropriating their property. It appears that there was some dispute as to the dues towards each other.4. Parties have now amicably settled their disputes with ...
Dda Vs. Inderjit Singh
Court: Delhi
Decided on: Nov-25-2003
Reported in: 2004(74)DRJ416
R.S. Sodhi, J.1. This appeal is directed against the judgment and order of the Metropolitan Magistrate, New Delhi dated 20th July, 1988 in Case No. 353/87, whereby the learned Judge has acquitted the respondent of the charge under Section 14 read with Section 29(2) of the Delhi Development Act (for short 'the DDA Act').2. The facts of the care are that the accused was found running a shop in the name and style of M/s Bawaja Electricals Works on the ground floor with the help of three persons in premises NO. B-3/22, Rajouri Garden. The aforesaid premises is residential premises where commercial activities are not allowed either in the Master Plan or in the Zonal Development Plan. The aforesaid fact was proved on record by witnesses produced by the DDA which even today does not appear to be questioned.3. Learned counsel for the Delhi Development Authority points out that in a decision by the Division Bench of this Court in DDA Vs . Rajinder Mittal : 42(1990)DLT592 it has been held that a...
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