Delhi Court August 2004 Judgments
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Globe Associates (P) Ltd. Vs. Amar Singh and Co. and ors.
Court: Delhi
Decided on: Aug-31-2004
Reported in: 114(2004)DLT120; 2004(76)DRJ424
A.K. Sikri, J.1. M/s.Globe Associates (P) Ltd. is the company against which winding up petition was filed way back in the year 1968. In that petition the Court ordered this company to be wound up and this order was passed on 7.3.1969 i.e. Company `died' 35 years ago. However, its ghosts still haunts. In the process of liquidation of the company's assets, the respondents in this application purchased one property. However, they are still battling out their rights. The unique feature of the case is the manner in which it has taken the twists and turns. This application was filed by the Official Liquidator (OL) on behalf of the company wherein prayer was made for review of order dated 18.8.1983 whereby sale was confirmed in favor of the respondents herein on the ground that the value of the property was much more and, thereforee, the said confirmation order be recalled. The company/OL and the respondents settled the matter during the pendency of these proceedings. However, incidental issu...
Alok Vohra Vs. Govt. of India and anr.
Court: Delhi
Decided on: Aug-31-2004
Reported in: 2004(76)DRJ535; 2005(3)SLJ68(Delhi)
Manmohan Sarin, J. 1. Petitioner, by this writ petition, seeks quashing of letter No.A-35016/1/2000-Admn.II dated 5.5.2003. By the said letter, the plea of the petitioner that he be treated as being on deemed deputation with BSNL w.e.f. 1.10.2000 and his technical resignation from the post of Upper Divisional Clerk (UDC) in the cadre of BSNL w.e.f. 7.3.2003 be accepted, was declined. Petitioner being aggrieved by the aforesaid decision, seeks a direction to respondent No.1-Department of Telecommunication (DOT) to forward his technical resignation to respondent No.2-Bharat Sanchar Nigam Limited (BSNL), claimed to be the only Competent Authority to accept his resignation. Petitioner further seeks a direction to respondent-BSNL to absorb him from 1.10.2000 and pay the arrears of dues in pay scale and other benefits, as applicable to BSNL from the date of his deemed absorption i.e. 1.10.2000 to the date of his being relieved for deputation to Telecom Regulatory Authority of India (TRAI) on...
Jubilant Organosys Ltd. Vs. Dcm Shriram Industries Ltd.
Court: Delhi
Decided on: Aug-31-2004
Reported in: 114(2004)DLT52; 2004(76)DRJ495; [2006]68SCL380(Delhi)
A.K. Sikri, J.1. The petitioner is a private limited company having its registered office in Gajraula District, U.P. It was incorporated with the name Vam Organic Chemical Ltd. However, w.e.f. 23.11.2001 the name of the petitioner company was changed to Jubilant Organosys Ltd. The respondent which is a public limited company incorporated under the Indian Companies Act and having its registered office in New Delhi, approached the petitioner for supply of SBR Latex Encord 104, VP Latex Encord 106. Various purchase orders were placed on the petitioner company in this behalf. The petitioner effected the dispatches to the respondent's Kota Works according to the specifications regarding quality and quantity as per invoices raised. As per invoices, one of the terms mentioned was that 90 days credit would be given. The respondent was, thereforee, required to make payment in respect of these invoices within 90 days of the supplies. However, the respondent failed to honour its commitment for th...
Sanjay Sharma Vs. Sh. Bhairon Singh and ors.
Court: Delhi
Decided on: Aug-31-2004
Reported in: III(2004)ACC298; 2004(76)DRJ659
R.S. Sodhi, J. 1. This appeal is directed against the judgment dated 10.4.2003 of the Motor Accident Claims Tribunal, Delhi in Suit No. 149/95 whereby the learned Tribunal has awarded a sum of Rs.71,500/- to the appellant together with interest of 9% per annum from the date of filing of the petition till realization. 2. Brief facts of the case as noted by the Judge, MACT are as follows:-'....on 18.3.1995, petitioner was coming from his residence to Springdales School on his motor cycle (Yamaha RX) 100 bearing registration No. DL-ISA-6543. He was driving his motor cycle at a very slow speed on extreme left side of the road by observing traffic rules. When he reached near Nath Medicos, Petrol Pump, middle circle, Connaught Place a Mercedes Car bearing registration No. DAQ 2227 which was being driven by its driver in a rash and negligent manner without blowing any horn came from outer circle Connaught Place and hit his motor cycle from behind. The accident caused such forceful impact that...
Plastic Chemicals Company Vs. Ashit Chadha and anr.
Court: Delhi
Decided on: Aug-31-2004
Reported in: 114(2004)DLT408; 2004(76)DRJ654
R.S. Sodhi, J.1. RC-Rev.4/2004 is directed against the judgment dated 22.7.2003 of the Additional Rent Controller, Delhi, (for short 'Controller') in Eviction No. 45/99 decreeing the petition filed by the respondents herein under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (for short 'the Act').2. Brief facts of the case, as noted by the learned Controller, are as under :'Premises in question is situated at property No. 165, Panchsheel Park, New Delhi. According to the petitioner, suit premises had been rented out to respondents vide written agreement dated 15.7.76. Letting purpose has been claimed to be residential. It has been alleged that petitioner is staying with his wife and two children in one room set situated at Barsati floor of the same building. He has claimed that he is having only one room, one toilet and one make-shift kitchen. He has claimed that he has no other residential accommodation. It has also been mentioned in the petition that suit building was previous...
Ms. Chitra Srivastava Vs. Govt. of Nct of Delhi and ors.
Court: Delhi
Decided on: Aug-31-2004
Reported in: 2004(76)DRJ558
Manmohan Sarin, J.1. Ms.Chitra Srivastava who is working as Secretary to the Head, Human Resource Department of respondent No.3 impugns her transfer to Bhopal as a malafide one. Petitioner has sought the following relief:-'Issue a writ of mandamus or any other writ, order or direction directing the Respondent No.3 not to give effect to the transfer order dated 1.11.2003 issued to the petitioner as the same is illegal, arbitrary, vocative of the principles of natural justice and Articles 15 & 16 of the Constitution of India.' 2. Notice to show cause was issued on 12.11.2003 and in the meanwhile impugned order of transfer dated 1.11.2003, Annexure P-7, transferring the petitioner to Bhopal, was stayed. It is stated that the petitioner is mother of two children and is attending also to her sick husband, who had undergone a neurosurgery and is not well. The impugned order is said to be malafide one. Petitioner is being made to suffer because of the disputes of respondent No.1 with another ...
Commissioner of Income Tax Vs. Kuwer Industries Ltd.
Court: Delhi
Decided on: Aug-31-2004
Reported in: (2004)191CTR(Del)413
1. These appeals are preferred by the Revenue against the order made by the Tribunal, Delhi Bench, in IT(SS) No. 141/Del/1997, on 20th June, 2001, for the block assessment period 1st April, 1985 to 30th June, 1996. The question in this matter raised by the learned counsel for the Revenue is about limitation. As per Section 158BE of the IT Act, 1961 (hereinafter referred to as the Act), the assessment is required to be made within a stipulated time and if it is not made, then the same would be time-barred.2. As the Court is required to examine Sub-section (1) of Section 158BE of the Act, the relevant provision is incorporated hereunder :'158BE(1). The order under Section 168BC shall be passed--(a) within one year from the end of the month in which the last of the authorisations for search under Section 132 or for requisition under Section 132A, as the case may be, was executed in cases where a search is initiated or books of account or other documents or any assets are requisitioned aft...
Krishna Texport Industries Limited Vs. Dcm Limited
Court: Delhi
Decided on: Aug-31-2004
Reported in: (2005)4CompLJ75(Del); 116(2005)DLT142; 2004(77)DRJ176; [2006]66SCL347(Delhi)
A.K. Sikri, J.1. The factual background in which the aforesaid two applications are filed may first be noted.2. Winding up petition (CP No. 11/1999) was filed by the petitioner against the respondent company under Sections 433(e) and 439 of the Companies Act, 1956 (for short 'the Act') on the allegations that it had advanced a sum of Rs. 2,50,00,000/- by two cheques dated 26th September, 1997 and 3rd October, 1997 of Rs. 1,25,00,000/- each being Inter Corporate Deposits (ICDs). The respondent company executed two promissory notes dated 26th September, 1997 and 3rd October, 1997 representing the aforesaid amounts. At the request of the respondent company, M/s. DCM International Limited, a sister concern of the respondent company, also pledged with the petitioner 7 lac shares of Rs. 10/- each of M/s. DCM Daewoo Motors Limited under share certificate No. 124708 to 124710 with distinctive number of shares as 20020231-20720230 as security towards the aforesaid two deposits. The said ICDs we...
icici Bank Ltd. Vs. Minerva Telelink Ltd.
Court: Delhi
Decided on: Aug-31-2004
Reported in: (2005)3CompLJ281(Del); [2006]66SCL421(Delhi)
A.K. Sikri, J.1. ICICI Bank Ltd. is the petitioner, which has filed this company petition seeking winding up of the respondent company. This petition is filed under Section 439 read with Sections 433(e) and 434 of the Companies Act, 1956 (hereinafter referred to as the 'Act'). The primary allegation is that the respondent company owes a sum of Rs. 4,20,97,018 (inclusive of interest calculated at agreed rate of 16.98% per annum) as on 8 July 2003 and the respondent has not paid this amount to the petitioner in spite of various demands as well as statutory notice issued under Sections 433 and 434 of the Act.2. The transaction unfolded in the petition relates in grant of loan in the sum of Rs. 3,00,00,000 which petitioner agreed to disburse to the respondent company for purchasing equipment for the advancement of the business of the respondent company. It was agreed that this loan shall be repayable within 12 months from disbursement and the equipments purchased would be hypothecated with...
Rfb Latex Limited Vs. Union of India (Uoi) and anr.
Court: Delhi
Decided on: Aug-31-2004
Reported in: 115(2004)DLT484; [2005]63SCL539(Delhi)
A.K. Sikri, J.1. The appellant herein is the respondent before the Company Law Board. The respondent No. 2 herein, namely, 20th Century Finance Corporation Limited, is the petitioner before the Company Law Board who had filed CP No. 11/1998 under Sections 397/398 of the Companies Act, 1956 (for short 'the Act') alleging oppression and mismanagement on the part of the appellant and others. While these proceedings were pending, the respondent No. 2 herein filed an application before the Company Law Board (hereinafter called as 'the Board') for substitution of TCFC Finance Limited in place of 20th Century Finance Corporation Limited. On the other hand, the appellant herein filed another application for dismissal of the petition.2. The reason which led to the filing of the substitution application was sanctioning of the scheme of amalgamation by the Bombay High Court between 20th Century Finance Corporation Limited (hereinafter referred to as 'the transferor company') and TCFC Finance Limi...
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