Delhi Court September 2003 Judgments
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A. Rajagopalan Vs. the Federal Bank Limited
Court: Delhi
Decided on: Sep-18-2003
Reported in: 2003VIIAD(Delhi)299; 2003(3)ARBLR468(Delhi); 2003(71)DRJ592; 2004(1)RAJ141
S.K. Mahajan, J. 1. The appellant has filed this appeal to challenge the order dated 13.11.1982 passed by the learned Additional District Judge whereby the application of the respondent under Section 34 of the Arbitration Act, 1940 was allowed and the suit for recovery filed by the appellant was stayed. A few facts relevant for deciding this appeal are: -2. The appellant who was doing the business of export of handlooms and handicrafts had on 13.4.1981 given to the respondent-bank a commercial invoice dated 23.2.2001 for Rs.3,47,225/- along with a bill of lading and other connected documents in respect of goods stated to have been exported to one M/s. Dinesh Imports, Canada with instructions to collect payment of the said invoice against documents. Delivery of the consignment was to be given to the importer in Canada against payment at site. Against the invoice value of Rs.3,47,225/- the bank advanced to the appellant a sum of Rs.3,23,923.02 paise. Simultaneously with the payment of th...
Mr. P.R. Kanwar (Deceased) Through L.Rs. (A) Mrs. Indra Kumar W/O Late ...
Court: Delhi
Decided on: Sep-18-2003
Reported in: 2003VIAD(Delhi)544; 107(2003)DLT64; 2003(70)DRJ644
Vijender Jain, J. 1. Rule. 2. This writ petition was filed initially by one P.R. Kanwar, retired IRS. During the pendency of the writ petition P.R. Kanwar died. His wife was imp leaded as petitioner. She is also now 85 years of age staying in Old Age Home at Kapashera. The case of the petitioner is that late husband of the petitioner was a patient of chronic bronchities and asthama. In the year 1993 he was undergoing treatment at Safdarjung Hospital, New Delhi which is a Government Hospital and was attended by Dr. J.C. Suri, M.D., OPCD, Dsc B. Head of Pulmonary and Critical Care Medicine. The said Doctor diagnosed that the late husband of the petitioner was suffering from COPD with Chronic Respiratory failure and heart rate irregularities(ventricular estopics) due to significant nocturnal oxygen desaturation. The said Doctor recommended husband of the petitioner to take long term domicillary oxygen treatment for the proper control of his illness. The said certificate of recommendation ...
Mrs. Anant Verinder Singh Vs. State (Govt. of Nct of Delhi) and anr.
Court: Delhi
Decided on: Sep-18-2003
Reported in: 2004IAD(Delhi)362; 107(2003)DLT291; 2003(71)DRJ745
Badar Durrez Ahmed, J. 1. The petitioner has filed this writ petition under Articles 226 and 227 of the Constitution of India impugning the order dated 3.7.2003 passed by the learned District Judge in an application under Section 10 of the Code of Civil Procedure, 1908 moved by the respondent No. 2 for staying the proceedings in the probate matter being letter of administration Case No. 91/2002 in view of the pendency of Suit No. 870/2002 for partition filed by the respondent No. 2 in this Court.2. The brief facts of the case are that the property bearing No. D-57, defense Colony, belonged to late Wing Commander Gurcharan Singh. Late Gurcharan Singh passed away sometime in June, 1968 leaving behind his widow Smt. Kartar Gurcharan Kaur and two sons and a daughter. The sons being one Shri Sarboland Singh and Col. Inderjit Singh (respondent No. 2). The daughter being the petitioner. By a will left by late Gurcharan Singh his property devolved upon his heirs in the following manner:-Smt. K...
Harash Talwar Vs. Delhi Development Authority and ors.
Court: Delhi
Decided on: Sep-18-2003
Reported in: 2003VIIIAD(Delhi)285; 107(2003)DLT126; (2004)136PLR24
Sanjay Kishan Kaul, J.1. The respondent Delhi Development Authority (DDA) issued a public advertisement on 02.05.1993 for offer of residential plots in Jangpura, defense Colony, Tilak Nagar, Geeta Colony and New Rajinder Nagar in an auction to be held on 31.05.1993. The petitioner participated in the said auction and was the highest bidder in respect of plot No. E-38A, Jangpura measuring 264.80 sq. mtrs. having submitted a bid for Rs.30,93,000/-. The said bid was higher than the reserve price and the petitioner was required to deposit 25% of the bid amount at the fall of the hammer amounting to Rs.7,73,250/-. However, the petitioner deposited a sum of Rs.12,10,000/-.2. The following are the relevant terms and conditions of auction :-(i) The Officer conducting auction shall normally accept the bids subject to confirmation by Vice- Chairman of the Authority;(ii) The highest bidder will be required to pay at the fall of the hammer 25% of the bid amount as earnest money either in cash or b...
inder Veer JaIn Vs. Ramesh Chand Garg and ors.
Court: Delhi
Decided on: Sep-18-2003
Reported in: I(2004)ACC644; 2003VIIAD(Delhi)274; 2003(71)DRJ607
S.K. Mahajan, J. 1. ADMIT.2. Since a short question is involved in the appeal, the same has been heard and disposed of by this order. 3. The appellant has filed this appeal for enhancement of compensation awarded by the Tribunal for the injuries sustained by him in a road accident caused by the rash and negligent driving of the offending vehicle. The contention of learned counsel for the appellant is that despite there being 49% disability, the Tribunal has not awarded any compensation for such disability and the Tribunal has also erred in not awarding interest on the awarded amount from 30.11.1994 to 10.1.2000. 4. A perusal of the award shows that the Tribunal has taken into consideration the disability suffered by the appellant and has held that for such disability the appellant is entitled to be compensated and the Tribunal has awarded Rs.30,000/- on account of such disability. The Tribunal has also awarded a sum of Rs.7500/- in favor of the appellant towards mental pain, shock and ...
Mrs. Malathi Rajagopalan Vs. the Federal Bank Limited
Court: Delhi
Decided on: Sep-18-2003
Reported in: 2003VIIAD(Delhi)520; III(2004)BC119; [2005]123CompCas337(Delhi); 109(2004)DLT284; 2004(75)DRJ68; 2004(1)RAJ190
S.K. Mahajan, J. 1. The appellant has filed this appeal to challenge the order dated 13.11.1982 passed by the learned Additional District Judge whereby the application of the respondent under Section 34 of the Arbitration Act, 1940 was allowed and the suit for recovery filed by the appellant was stayed. A few facts relevant for deciding this appeal are: -The appellant who was doing the business of export of handlooms and handicrafts had on 13.4.1981 given to the respondent-bank a commercial invoice dated 23.2.2001 for Rs. 3,47,225/- along with a bill of lading and other connected documents in respect of goods stated to have been exported to one M/s. Dinesh Imports, Canada with instructions to collect payment of the said invoice against documents. Delivery of the consignment was to be given to the importer in Canada against payment at site. Against the invoice value of Rs. 3,47,225/- the bank advanced to the appellant a sum of Rs. 3,23,923.02 paise. Simultaneously with the payment of th...
Janyug Cooperative Group Housing Society Ltd. Vs. Delhi Development Au ...
Court: Delhi
Decided on: Sep-18-2003
Reported in: 2003VIIIAD(Delhi)326; 107(2003)DLT760
ORDERSanjay Kishan Kaul, J. 1. The petitioner society was initially allotted land at Dallupura/Kondli on 12.12.1984 and since in terms of the Building Bye-laws, 1983, the proposal was to be approved by the Delhi Urban Art Commission being for more than 2000 sq. mtrs. of built up land, a plan was submitted to the said Commission.2. The plan submitted by the society was not approved by the Delhi Urban Art Commission and thus the occasion for the respondent DDA to sanction the plans did not arise. In view of the lack of approval from the said Commission, the petitioner was allotted alternative land at Sector 14 Extn. Rohini vide lease deed dated 12.3.1990 and physical possession was given on 2.5.1988.3. The only controversy involved in this writ petition is about the claim of the respondents for ground rent and interest accrued thereon in respect of the land earlier allotted to the petitioner.4. It is, however, not disputed that the petitioner was not in a position to construct on the lan...
Anil JaIn Vs. State
Court: Delhi
Decided on: Sep-18-2003
Reported in: 107(2003)DLT677; II(2003)DMC787; 2004(73)DRJ380
ORDERS.K. Agarwal, J.1. This is a petition under Section 438, Cr.P.C for grant of anticipatory bail to the petitioner in case FIR No. 124/2003 under Sections 498A, 406, IPC, P.S. Kamla Market.2. As per prosecution allegations, petitioner was married to the complainant on 3.7.2002; the marriage between the parties did not succeed and on 17.4.2003, abovenoted case was registered on the report of the complainant.3. Learned Counsel for the petitioner submits that the petitioner has participated in investigation; the complainant had been writing letters praising her in-laws and the husband-petitioner is working in a Bank and complainant is also employed in the National Book Trust; and petitioner is willing to keep the complainant but she has declined to join the matrimonial home. Thus conciliation failed because of the complainant, thereforee, the petitioner is entitled to anticipatory bail.4. Learned APP for the State, arguing to the contrary submits that the two accused mentioned in the F...
Kandla Clearing Agency Pvt. Ltd. Vs. Commissioner of Cus.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Sep-17-2003
Reported in: (2003)(158)ELT86TriDel
1. The appellants M/s. Kandla Clearing Agency (P) Ltd. (KCA) who are a Customs House Agent (CHA) and its Director Shri Shantilal Jain, (S.Jain) have filed the instant 10 appeals against the 5 orders-in-original passed by the Commissioner (Customs), wherein penalties of Rs. 25 lakhs and Rs. 10 lakhs have been imposed on Shri Shantilal Jain and Kandla Clearing Agency respectively in each case.2. Through the instant ten appeals filed by the Company and the Director these penalties are being challenged. We have heard both the sides.3. During the hearing the ld. Counsel for the appellants submitted that in the instant case the DRI authorities have issued the respective show cause notice who have no jurisdiction to issue such notices for the reason that DRI does not qualify to be a 'proper officer' of Customs.Introduction of this new ground was challenged by the DR stating that this point was not raised earlier. However, we are of the view that the appellants can be permitted to raise this ...
Cci Presstress Ties Pvt. Ltd. Vs. Commr. of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Sep-17-2003
Reported in: (2003)(158)ELT636TriDel
1. In this case the appellants are challenging the order of the Commissioner (Appeals) whereby the Commissioner had confirmed penalty of Rs. 50,000/ as against the penalty of Rs. 1 lakh imposed by the adjudicating authority. The penalty has been levied under Rule 25 of Central Excise (No. 2) Rules 2001 (hereinafter rules).2. Examined the appeal memorandum and heard both sides. In this connection, it is noticed that the department had, in the show cause notice dated 19-3-2002 alleged that, appellant delayed the payment of fortnightly instalment of duty due in the month of September 2001, November 2001, December 2001 and January 2002 (in all 5 dafaults). The delay in payment ranged from 4 days to 35 days (one each in September 2001, November 2001, December 2001 and 2 in Jan. 2002). The show cause notice was adjudicated by the Deputy Commissioner leading to withdrawal of the facility for two months and imposition of penalty of Rs. 1 lakh.As mentioned above, the Commissioner (Appeals) red...
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