Delhi Court February 2003 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Adwel Advertising (P) Ltd. Vs. N.D.M.C. and anr.
Court: Delhi
Decided on: Feb-25-2003
Reported in: 2003IIAD(Delhi)452; 2003(1)ARBLR695(Delhi); II(2003)BC345; 2004(72)DRJ500
Vikramajit Sen, J.1. By this Order, I shall dispose of Plaintiff's application under Order XXXIX Rule 1 & 2 and Defendant No. 1's application for vacation of the ex-parte ad interim injunction granted under Order XXXIX Rule 4 of the Code of Civil Procedure. On 14.1.2002, the impugned Bank Guarantee issued by Punjab & Sind Bank (Defendant No. 2) was interdicted from being invoked. The Suit is for the grant of a declaration and permanent injunction that this Bank Guarantee had been obtained by Defendant No. 1 by misrepresentation and, thereforee, ought not to be invoked. A prayer for rendition of accounts has also been made, which I find to be quite extraordinary and novel and, prima facie, made in order to avoid the payment of ad valorem Court Fees. If the contention of the Plaintiff is accepted in to, the result on their own showing would be that some recoveries are to be effected by them. If this prayer is not made, the consequences could be fatal. 2. Some of the salient features of t...
State (Govt. of Delhi) Vs. Lal Singh
Court: Delhi
Decided on: Feb-25-2003
Reported in: 2003IIAD(Delhi)441; 103(2003)DLT428; 2003(67)DRJ502; 2003(1)JCC482
ORDERR.S. Sodhi, J.Crl.M. 1655/2001:1. Leave to appeal is sought from the judgment and order of the learned Additional Sessions Judge dated 21.11.1998 in Sessions Case No. 13/93 whereby respondent-accused, Lal Singh, has been acquitted. The learned Judge, after going through testimonies of the witnesses and the documentary evidence, has returned a finding of acquittal, dis-believing the presence of the main witnesses PW-1, Vijay, PW-5, Mukesh and PW-9, Sonu. 2. The learned Judge in his judgment has noted that on 21.8.1990 at about 3.10 p.m. one Shri Bhagwan Sahai came to Police Station Dakshinpuri and gave an information that somebody had stabbed a boy at the corner of Block No. 1 Dakshinpuri. This information was recorded in D.D. No. 7 and matter assigned to ASI Ram Chander to make inquiry. Subsequently, SI K.S. Yadav along with Constable Om Prakash also joined the inquiry. On reaching the place of incident, the police party was told that the injured had been removed to hospital. No e...
State Bank of India Vs. M.C.D. and ors.
Court: Delhi
Decided on: Feb-25-2003
Reported in: 2003VIIAD(Delhi)248; 104(2003)DLT363
Sanjay Kishan Kaul, J. Rule. 1. With the consent of learned Counsel for the parties, the petition is taken up for final disposal. 2. It is a classic case of being more loyal than the king. The distress warrant was issued against respondent No. 3 by respondent No. 1 Corporation on account of arrears of property tax- Surprisingly, respondent No. 3 did not challenge the warrant of distress in the present proceedings, though learned Counsel for the respondent No. 3 submits that separate proceedings had been initiated by the said respondent and the assessment order had been quashed and the matter has been remanded back to the Assessing Authority. 3. Learned Counsel for the petitioner bank, however, contends that the matter in issue should be still considered and decided in view of the fact that the petitioner Bank is faced with such a situation on numerous occasions. 4. The first objection raised by learned Counsel for the respondent Nos. 1 and 2/Corporation is that the petitioner has no lo...
The New India Assurance Co. Ltd. Vs. Shri Bhuwan Chand S/O Sh. Chintam ...
Court: Delhi
Decided on: Feb-25-2003
Reported in: II(2003)ACC556; 2004ACJ1062; 2003VAD(Delhi)537; 105(2003)DLT186; 2003(69)DRJ250
S.N. Kapoor, J. 1. Heard. 2. Grievance of the appellant is that the learned Motor Accident Claims Tribunal (in short the 'Tribunal') has applied multiplier of 25 years, despite the fact that father of the deceased died during the pendency of the claim petition.3. The next contention of the learned counsel for the appellant is that brothers of the deceased could not be said to be dependent on him. thereforee, the amount of the award is on a higher side.4. First the facts in brief. In an unfortunate accident one Prakash Chand aged 21 years suffered fatal injuries on 9th January, 1982 at 12:30 PM. He was going on his cycle. The accident took place near the bus stand at Africa Avenue Road. Om Prakash, who was driving the bus bearing registration No. DLP-6006. He suddenly started the bus without giving any horn, signal or without looking at the right side of the road. Prakash Chand was going on his correct side. He received injuries, fell down and died later on in AIIMS. Father of the decea...
The New India Assurance Co. Ltd. Vs. Mrs. Meena Khattar W/O Sh. Mahesh ...
Court: Delhi
Decided on: Feb-25-2003
Reported in: 2(2003)ACC549; II(2003)ACC549; 105(2003)DLT245; 2003(69)DRJ76
S.N. Kapoor, J.1. Heard learned counsel for the parties.2. One of the preliminary objections raised by learned counsel for the respondents is about the maintainability of the appeal.3. As regards the question of maintainability of the appeal, it is evident that the Insurance Company is not entitled to file any appeal unless and until the provisions of Section 110-C (2-A) of the Motor Vehicles Act, 1939 are complied with. This provision read as under:-'110-C. Procedure and powers of Claims Tribunals.-(1) xxx(2) xxx[(2-A) Where in the course of any inquiry, the Claims Tribunal is satisfied that-- (i) there is collusion between the person making the claim and the person against whom the claim is made, or(ii) the person against whom the claim is made has failed to contest the claim, it may, for reasons to be recorded by it in writing, direct that the insurer who may be liable in respect of such claim, shall be imp leaded as a party to the proceeding and the insurer so imp leaded shall ther...
Jagannath Dudadhar and ors. Vs. Commissioner of Sales Tax and ors.
Court: Delhi
Decided on: Feb-25-2003
Reported in: [2004]136STC235(Delhi)
ORDERD.K. Jain, J.1. On being pointed out that five independent dealers, with different demands, cannot be permitted to file a common petition, Mr. R.C. Chawla, learned counsel for the petitioners, prays that the present petition may be confined to the first petitioner, namely, M/s. Jagannath Dudadhar. We order accordingly.2. The challenge in this writ petition under Article 226 of the Constitution, is to a consolidated order dated October 31, 2002/November 7, 2002, passed by the Appellate Tribunal, Sales Tax, Delhi (for short 'the Tribunal'), under Section 43(5) of the Delhi Sales Tax Act, 1975 (for short 'the Act'), in Appeals Nos. 51 to 53/STT/02-03, pertaining to the assessment years 1998-99 (Local and Central) and 1999-2000 (Local) respectively. By the impugned order, the Tribunal has directed the petitioner to make a pre-deposit of Rs. 5,08,40,000 as a pre-condition for entertaining their appeals pending before the Additional Commissioner (Appeals). Out of the said amount, a sum ...
Cargo TarpaulIn Industries Vs. Commr. of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Feb-24-2003
Reported in: (2003)(154)ELT514TriDel
1. The issues involved in this appeal, filed by M/s. Cargo Tarpaulin Industries, are whether Tarpaulin Cloth is classifiable under Heading No. 52.06 of the Schedule to the Central Excise Tariff Act as claimed by them or under Heading No. 59.06 as confirmed by the Collector in the impugned order and whether Tarpaulins were manufactured by them without the aid of power.2. Shri B.L. Narasimhan, learned Advocate, submitted that the Appellants are engaged in the manufacture of wax treated cotton canvas cloth and tarpaulins stitched therefrom; that the wax is melted and mixed with other raw materials and then is shifted to the wax dipping machine; that the grey cloth is passed through the mix and the cloth picks up the wax; that the Collector has classified the tarpaulin cloth under Heading 59.06 holding that cloth is nothing but a coated/impregnated cloth which is evident from the process of manufacture undertaken by the Appellant and the impregnation/coating or covering is visible with th...
Aasu Ram Vs. Commissioner of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Feb-24-2003
Reported in: (2003)(161)ELT175TriDel
1. This appeal has been filed by the appellant against the impugned order-in-appeal 9-8-2001 vide which the Commissioner of Customs (Appeals) has affirmed the order-in-original of the Addl. Commissioner who ordered the confiscation of the Indian currency of Rs. 3,51,100/- as sale proceeds of the silver smuggled from Pakistan under Section 121 of the Customs Act and imposed penalty of Rs. 20,000/- on the appellant and also on Shri Mahendra of equal amount (who is not appellant before me).2. On 26-4-1993 the Police Officers of Ramsar intercepted roadways bus plying between Barmer and Sundra and carried out checking of the passangers. The appellant who was also travelling in that bus, on checking, was found in possession of Indian currency of Rs. 3,51,100/-.He was detained by the Police along with money and thereafter handed over to the Customs Officers, Barmer. The appellant in his voluntary statement admitted that the money recovered from him was the sale proceeds of the silver weighin...
Additional Commissioner of Vs. Hughes Services (Far East) (P.)
Court: Income Tax Appellate Tribunal ITAT Delhi
Decided on: Feb-24-2003
Reported in: (2003)87ITD137(Delhi)
1. The only issue which is common to all the appeals relates to the interpretation of the provisions of Section 9(1)(11) of Income-tax Act, 1961 (in short Act).2. Briefly stated, the facts are these: The assessee is a non-resident company which has been assessed as an agent of various foreign technicians, who are non-residents. The assessee-company entered into an agreement with Oil & Natural Gas Commission (ONGC) for cementing services of off-shore rigs. For executing such contract, the assessee-company employed expatriate personnel of various nationalities under the terms of agreements, specimen copy of which is placed on record. Such technicians were required to work on off-shore rigs continuously for 28 days period and thereafter they were allowed leave for 28 days during which such employees were required to go back to their respective countries (place of origin). The salary for leave period was to be paid outside India in foreign currency. The claim of the assessee was that ...
Dr. Raj Vardhan Azad Vs. All India Ophthalmological Society and ors.
Court: Delhi
Decided on: Feb-24-2003
Reported in: 2003IIAD(Delhi)625; 103(2003)DLT518; 2003(67)DRJ671
Vikramajit Sen, J. 1. The dispute in the present case centres around the elections to the posts of Honorary General Secretary and Honorary Treasurer of the All India Ophthalmological Society (Defendant No. 1). The elections took place in January, 2002 at Ahmedabad. There is no dispute in respect of the election of Dr. D.K. Sen as the President and Dr. Atul Kumar as the Joint Secretary etc. The controversy pertains to the post of Honorary General Secretary and Honorary Treasurer.2. The functioning of any Society is to be carried out strictly in accordance with its Constitution and Bye-laws, to which even the General Body is the subject. If it is the view of the prescribed majority of the General Body, as specified in its Constitution, that amendments are required thereto, the Constitution must be amended before the views of the General Body can be implemented. This is the crux of the dispute. There is a provision in the present Constitution that the Honorary General Secretary, as well a...
- ‹ Prev
- 2
- 3
- 4
- 5
- 6
- 8
- 9
- 10
- 11
- 12
- Next ›
- Last »