Delhi Court December 2003 Judgments
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Shri Pramod Aggarwal Vs. Canara Bank
Court: DRAT Delhi
Decided on: Dec-02-2003
Reported in: IV(2004)BC230
1. Respondent-Canara Bank filed O.A. 40/99 before the Debts Recovery Tribunal-1, Delhi (hereinafter referred to as 'the DRT'). The DRT passed the final order on 22.5.2001 observing that the defendant/appellant was served by publication, but had not appeared before the DRT. The appellant, who is the only defendant, then filed a Miscellaneous Application before the DRT to set aside the ex parte final order. The learned Presiding Officer of the DRT, by the impugned order dated 27.11.2002, dismissed the said application. While doing so, the learned Presiding Officer observed that the appellant has been duly served, and the acknowledgement card for the same is on the record. He also observed that notice was also published in the newspaper. He, therefore, dismissed the application.3. I have heard the Counsel for the appellant, and perused the records of the appeal as well as of the DRT.4. First of all, the learned Counsel for the appellant points out that the addresses given in the O.A. are...
Chander Mohan Verma Vs. Indian Overseas Bank and ors.
Court: DRAT Delhi
Decided on: Dec-02-2003
Reported in: III(2004)BC115
1. This is an appeal against the order dated 2.9.2003 passed by the learned Presiding Officer of the Debts Recovery Tribunal, Delhi-I (hereinafter referred to as 'the DRT') in I.A. 352/2003 in O.A. 261/96.This application filed by the appellant/6th defendant before the DRT was to direct the respondent-Bank either to admit or deny the documents filed by the appellant/6th defendant as per the list attached with the application. The learned Counsel for the appellant/6th defendant contends that the very first document is a notice sent on behalf of the appellant/6th defendant cancelling/withdrawing the guarantee. He also contends that similar notices have been given and a reply has also been received. According to the learned Counsel for the appellant/6th defendant, these documents are essential for the decision of the O.A.The learned Presiding Officer of the DRT has stated that this application will be considered at the time of hearing the final arguments, since the O.A. has reached the s...
M.C.D. Vs. Daya Nand and anr.
Court: Delhi
Decided on: Dec-02-2003
Reported in: 2004(72)DRJ386
Mukul Mudgal, J. 1. This writ petition challenges the Award dated 20th May, 1999 passed by the Labour Court-IV, Delhi in I.D. No. 236/1989. By the impugned Award the compulsory retirement of the petitioner was set aside and the petitioner management was directed to reinstate the respondent No.1 with full back wages and continuity of service. 2. The petitioner was visited with the punishment of compulsory retirement and had been working from 1966 with MCD as Chowkidar and was regularized in 1972. By order dated 8th November, 1979 he was served with a Memorandum of charge-sheet dated 7th October, 1980 alleging that in two instances ceiling fans were stolen resulting in a pecuniary loss to the petitioner. Violation of Rule 3 of the CCS (Conduct) Rules, 1964 was also alleged. Upon the conducting of an enquiry pursuant to a show cause notice dated 16th April, 1982 and upon perusing the reply of the respondent No.1, the penalty of compulsory retirement challenged before the Labour Court was ...
Uboeroi Sons (Machines) Ltd. Vs. Punjab National Bank
Court: Delhi
Decided on: Dec-02-2003
Reported in: 2004IAD(Delhi)302; 108(2003)DLT600
B.N. Chaturvedi, J. 1. Plaint unfolds that the ground and mezzanine floors of premises bearing No.21, Community Centre, New Friends Colony, New Delhi comprising two halls and three toilets, as indicated in the site plan, were let out to New Bank of India by means of a registered lease agreement dated 21st August, 1989 for a period of nine years at a monthly rent of Rs. 1,10,000/-. The lease was to expire on 31st August, 1998. The possession of the leased premises was delivered on 1st August, 1989. With effect from 1st August, 1994, the rent of the premises was to be increased to Rs. 1,38,750/-. 2. The New Bank of India amalgamated with Punjab National Bank during the currency of tenancy period. Punjab National Bank, thus, became tenant in relation to suit premises by operation of law. 3. The lease deed did not contain any renewal clause. The defendant was thus to deliver back the peaceful and vacant possession of the suit premises after expiry of lease period on 31st July, 1998. Though...
Shri Sukesh Mahajan Vs. Union of India (Uoi) and ors.
Court: Delhi
Decided on: Dec-02-2003
Reported in: 109(2004)DLT79; 2004(72)DRJ290; 2004(91)ECC580; 2004(165)ELT274(Del)
Badar Durrez Ahmed, J.1. The petitioner who is a proprietor of Mahajan & Co. a sole proprietorship concern is involved in the export of garments. The petitioner obtained a revalidated quota for export of garments for the year 1994. The question involved in the present petition relates to the forfeiture of the amount of Rs. 74,111/- on account of the non-fulfilment of its export obligation under the policy. The original forfeiture amount was Rs. 1,26,556/-. 2. The petitioner claimed that on 23.12.1994 a theft took place in his factory premises as a result of which the entire quota could not be shipped before the due date, i.e. 31.12.1994. The petitioner was aggrieved by the Speaking Order passed by the AEPC whereby the forfeiture was made. He filed an appeal before the Textile Commissioner before which he sought the invocation of the force majeure condition as spelt out under paragraph 15 of the Notification dated 4.9.1993 under the Garment Export Entitlement Policy. The petitioner soug...
Mcd Vs. Nehru Place Hotel Ltd.
Court: Delhi
Decided on: Dec-02-2003
Reported in: 2004IAD(Delhi)309; 108(2003)DLT715; 2004(72)DRJ437
R.S. Sodhi, J. 1. CM(M) No. 820/2000 is directed against the order of the Additional District Judge, Delhi in House Tax Appeal No.113/2000 dated 8th May,2000 whereby the learned Judge has set aside the order of the assessing authority and remanded the matter for reassessment on the basis of guidelines given by him in the aforesaid judgment. Counsel for the MCD submits that the first Appellate Authority has dealt with four points in the appeal. The first point deals with the date with effect from which the rate able value can be calculated. On this point learned counsel for the MCD submits that only guidelines laid down by he Legislature are in Section 129 which deals with this aspect specifically and she submits that after notice of completion is given by the assessed, 15 days thereafter is the date with effect from which the rate able value can be assessed. On the other and, counsel for the respondent submits that rateable value can only be assessed from the date the completion certif...
Joginder SaIn and Bros. Vs. Shri Man Mohan Singh and ors.
Court: Delhi
Decided on: Dec-02-2003
Reported in: 2004ACJ1709; 109(2004)DLT177; 2004(72)DRJ390; [2004(101)FLR161]; 2004(2)SLJ378(Delhi)
S.K. Mahajan, J. 1. ADMIT.2. This appeal is directed against the order of the Commissioner, Workmen's Compensation passed on the application of the respondent-workman under Section 10 of the Workmen's Compensation Act claiming compensation for the injuries suffered by him during the course of his employment with the appellant. 3. The case set up by the respondent in the application was that while he was employed with the appellant, he sustained injuries, namely, small finger of the right hand was amputated and the hand had been badly crushed resulting in 60% disability of permanent nature. The respondent had filed a disability certificate issued by the Medical Superintendent, Safdarjung Hospital, New Delhi and he was certified to be physical handicapped person having 65% disability in relation to upper right limb. The certificate was issued after the respondent-workman was examined by a board of three doctors of the said hospital. The appellant denied the injuries sustained by the resp...
Dura-line India Pvt. Ltd. Vs. Bpl Broadband Network Pvt. Ltd.
Court: Delhi
Decided on: Dec-02-2003
Reported in: 111(2004)DLT736; 2004(74)DRJ266
Manmohan Sarin, J.1. By IA. No. 2294/2002, under Order xxxvII Rule 3(5) read with Section 151 of the Code of Civil Procedure defendant seeks unconditional leave to contest the suit. Plaintiff M/s. Dura-Line India Pvt. Ltd., formerly known as M/s. Bharti Dura-Line Limited, has instituted the present suit under Order 37 CPC, claiming a sum of Rs. 35,88,620/- (Rs. Thirty five lacs eighty eight thousand six hundred twenty only) together with costs.Plaintiff also seeks pendente lite and future interested at the rate of 24 per cent per annum.Upon summons being issued under Order 37 CPC, defendant entered appearance accompanied with an application for condensation of delay in entering appearance. Vide order dated 14.2.2002, delay in entering appearance was condoned. Plaintiff took out summons for judgment in response to which the defendant has filed the above application, seeking leave to contest.2. Before considering the grounds urged in support of the application for unconditional leave to ...
Delhi Bottling Co. Ltd. Vs. Mcd (Desu)
Court: Delhi
Decided on: Dec-02-2003
Reported in: 2004(72)DRJ293
R.S. Sodhi, J.1. These appeals are directed against the judgment and order of the Additional District Judge, Delhi dated 11th March, 1996 in RCA Nos. 50/95 to RCA No. 80/95 by which the Additional District Judge has dismissed the appeals arising out of the judgment and decree dated 1st July, 1995. 2. The facts of the case as noted by the Additional District Judge are as under : ''Facts of the case as stated in the appeal are that appellants are carrying on business of aerated water and carbonated beverages at their premises No. 60, Najafgarh Road, New Delhi and that for carrying the said business, they were granted an industrial power load of 530 H.P., 3 KV of commercial power and 17 KV lighting since 1-8-85. It is also stated that Central Board for Prevention and Control of Water Pollution directed that appellants vide letter dated 4/12/87 to install an affluent Treatment Plant (hereinafter to be referred as E.T.P.). It is also stated that ETP needed 50 to 60 H.P. Electrical energy wh...
Raj Singh Vs. State (Nct of Delhi) and anr.
Court: Delhi
Decided on: Dec-02-2003
Reported in: 2004(74)DRJ423
S.K. Agarwal, J.1. This is a petition under Section 482, Cr.P.C. read with Section 439, Cr.P.C. for setting aside the order dated 11.7.2003 cancelling the bail granted by the Court of Additional Sessions Judge, Delhi (for short, 'ASJ') in case FIR No. 338/2002 under Sections 420/467/468/471/120B, IPC, P.S. Bawana (N.W. Distt.), Delhi.2. Prosecution allegations are that: Smt. Ratni Devi died intestate; the Will dated 14.4.1989 purported to have been executed by Smt. Ratni Devi was forged by petitioner in connivance with the others; on the basis of this forged Will, petitioner got mutated the agricultural land measuring 27 bighas and 2 biswas, situated at village Bawana, Delhi, in the revenue record, in his favor on 19.3.1997. The land in question was acquired by the Government and the petitioner obtained compensation of about Rs. 45.00 lacs towards part of the land measuring about 20 bighas on 23.3.1998. The prosecution case further is that the Will in question has been found to be a fo...
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