Delhi Court September 2004 Judgments
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Shri Jai Prakash Goel Vs. State
Court: Delhi
Decided on: Sep-20-2004
Reported in: AIR2005Delhi83; 114(2004)DLT222; 2004(77)DRJ187
Vikramajit Sen, J.1. The question before the Court is whether a guardian ad litem should be appointed for Respondent No.4, namely, Shri Brahm Prakash Goel, who has filed is No.9693/1999 invoking the provision of Order XXXII Rules 3 and 15. It has been prayed that the Wife of Shri Brahm Prakash, namely, Mrs. Meena Goel be appointed as his guardian ad litem. The first thing to be noticed is that this application has been proffered after a passage of over one decade since the filing of Probate Petition No.10/1987. It may also be recorded that Shri Brahm Prakash had earlier filed is No.10110/1998 praying that he be permitted to withdraw his No-Objection to the grant of Probate.2. A person may not be adjudged as of unsound mind yet the Court may nevertheless consider it appropriate to appoint a guardian ad litem under Order XXXII Rule 15. However, the Court is not bound to make a rigorous or formal enquiry as contemplated by the Lunacy Act, and is competent to pass an order as soon as it is...
Madhu Singh Vs. Chander Prakash Gulati
Court: Delhi
Decided on: Sep-20-2004
Reported in: 114(2004)DLT728
R.S. Sodhi, J.1. This revision petition is directed against the judgment dated 9th July, 2002, of the Additional Rent Controller (for short the 'Controller') in Petition No. E 288/2000, whereby the learned Controller has allowed the petition of the respondent under Sections 14(1)(e) and 14(1)(a) of the Delhi Rent Control Act.2. The brief facts of this case, as has been noted by the learned Controller, are as under :'Briefly stated the relevant facts of the case, as stated by the original petitioner Nirmal Gulati are that the tenant is a tenant in respect of tenanted premises comprising of three rooms, kitchen, bathroom and latrine on the ground floor of the property bearing No.S-57A, Sunder Block, Shakarpur, Delhi as shown in the site plan in red colour attached with the petition, at a monthly rent of Rs.1,700/- excluding electricity and water charges. Petitioner further stated that respondent was inducted as tenant ten years ago from the date of filing of present petition, in respect ...
Sh. Dhanwant Rai and ors. Vs. Delhi Transport Corporation
Court: Delhi
Decided on: Sep-20-2004
Reported in: 114(2004)DLT405; 2005(79)DRJ31; [2005(104)FLR611]; (2005)ILLJ252Del; 2006(1)SLJ463(Delhi)
Manmohan Sarin, J. 1. By this judgment writ petition bearing Civil Writ No.6573/2003 titled Sh. Dhanwant Rai & Ors. v. Delhi Transport Corporation, and Civil Writ No. 10834/2004 titled as Nirmal Singh, Mechanic v. Delhi Transport corporation are being decided, as similar facts and common question of law is involved. 2. In C.W. No. 6573/2003, five petitioners namely S/Shri Dhanwant Rai, Ramji Dass, Kailash Chandra, Vidya Bhushan and Ram Singh seek directions to pay pension and other post retirement benefits such as their own share of Contributory Provident Fund (CPF), Employees share of Provident Fund (EPF), gratuity, leave encahsment, medical bills and unpaid salary to the petitioners with interest.3. Civil Writ No. 10834/2004 is a petition filed by Shri Nirmal Singh who seeks similar directions. Counter affidavit had been filed on behalf of respondent-DTC in Civil Writ No. 6573/2003. Mr. J.N. Aggarwal, learned counsel for the respondent adopts the counter affidavit filed in Civil Writ...
Mr. Gella Ram Vaswani and anr. Vs. Municipal Corporation of Delhi
Court: Delhi
Decided on: Sep-20-2004
Reported in: 114(2004)DLT463; 2004(77)DRJ330; [2005(104)FLR643]; (2005)IILLJ250Del; 2005(2)SLJ39(Delhi)
Manmohan Sarin, J.1. By this common judgment Civil Writ No.5808/02 titled as Gella Ram Vaswani & Anr. v. M.C.D. And Civil Writ No.1139/03 titled as Inderjit Kaur v. M.C.D. are being decided as similar facts and common question of law is involved.2. Petitioners had filed the above writ petitions seeking directions to the respondent-MCD to release pensionary benefits/ gratuity, together with interest at the rate of 18 p.a. on account of delay entailed in its payments. The facts relating to the individual petitioners may be briefly noted.3. Petitioner No.1, Gella Ram Vaswani, in CW No.5808/02, joined the Municipal Corporation on 1.10.1955 as an Assistant Teacher. He superannuated as Headmaster of a school on 31.7.1988. The gratuity amount of Rs.37,950/-(Rupees thirty seven thousand and nine hundred and fifty only was not paid on superannuation and was withheld. It was paid on 31.10.2003. Petitioner No.2 Smt. Janki Radhwani is with widow of late Sh. Mohan Radhwani who had joined the Munici...
Sh. Ram Chander Talwar and anr. Vs. Devender Kumar Talwar and ors.
Court: Delhi
Decided on: Sep-20-2004
Reported in: 115(2004)DLT277
R.S. Sodhi, J.1. This appeal is directed against the judgment dated 24.4.2004 of the Additional District Judge, Delhi in PC No.212/2001 whereby the learned Judge has issued Letters of Administration in respect of 1/3rd share belonging to the respondents lying deposited in Union Bank of India, Kailash Colony, New Delhi and articles lying in locker No.854 on deposit on necessary court fee.2. Brief facts of the case as noted by the Additional District Judge are as under:'....a petition under Section 278 of the Indian Succession Act, 1925 (for short the Act of 1925) for grant of letters of administration in respect of estate of late Smt.Vidyawati Talwar and late Shri Ganda Ram Talwar was filed. Petitioner and respondent no.2 are the sons and respondent no.3 is the daughter of said late Smt. Vidyawati Talwar and late Shir Ganda Ram Talwar. The case of the petitioner is that Shri Ganda Ram Talwar had died on 6.2.1995 whereas Smt.Vidyawati Talwar had breathed her last movable properties/asset...
Jay UshIn Ltd. Vs. C.C. (import)
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Sep-17-2004
Reported in: (2005)(98)ECC538
1. The issue involved in this appeal, filed by M/s. Jay Ushin Ltd, is whether the technical information and know-how fee is to be added in the assessable value of the gods imported by them.2. Shri R.P. Singh, learned Advocate, mentioned that the Appellants manufacture Key sets and multifunction switches for use in automobiles; that the Appellant Company is a joint venture of M/s. Yushin Co. Ltd., Japan M/s. Jay Industries, Delhi; that with the object of obtaining the necessary know-how for manufacturing key sets and multi-functions switches, they entered into a Technical assistance Agreement with M/s.Shinghchong electric Co. Ltd., Korea on 27.10.1997 whereby the Korean Company granted to them exclusive right and license to manufacture, use and sell these items in India, on payment of Technical Information and know-how fees of one lakh U.S. dollars in three installments; that the Appellants were also obliged to pay the foreign company equal to 3% of the sale of these items to be manufa...
Arihant Steels Vs. Cce
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Sep-17-2004
Reported in: (2005)(98)ECC359
1. In this appeal, filed by M/s. Arihant Steels, the issue involved is whether the benefit of Notification No. 16/2000-Cus (Serial No. 169) is available to the goods imported by them and whether the extended period of limitation is invocable for the purpose of demanding the Customs duty.2. Shri P.C. Jain, learned Advocate, submitted that the appellants manufacture, inter alia, ferro alloys ingots; that Serial No. 169 of the Notification No. 16/2000 provides concessional rate of duty in respect of unwrought nickel if imported for use in the manufacture of steel subject to the condition that they follow the procedure set out in the Customs (Import of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods), Rules, 1996; that they had applied for registration under the said Rules and the Deputy Commissioner issued them the registration certificate dated 21.3.2002 wherein, against the columns, nature and description of imported goods, unwrought nickel and stainless steel scr...
Jt. Cit Vs. Midland Services Ltd.
Court: Income Tax Appellate Tribunal ITAT Delhi
Decided on: Sep-17-2004
Reported in: (2005)2SOT72(Delhi)
This appeal by the revenue is preferred against the order of the CIT(A) on various grounds, which are as under: "On the facts and in the circumstances of the case, the learned CIT (Appeals) erred in :- (a) deleting the disallowance of Rs. 50,68,200 being lease rent as it cannot be reduced from the revenue receipts represented by the lease rent; (b) deleting the disallowance of Rs. 31,12,525 as the said payment was made for acquiring the capital assets; and (c) deleting the addition of Rs. 27,02,610 paid as service charges though there was no evidence of services rendered.2. The order of the assessing officer may be restored and the order of the CIT (Appeals) may be set aside with respect to the above mentioned grounds." We have heard the rival submissions and carefully perused the orders of the authorities below and the documents placed on record.With respect to ground Nos. 1 (a) and (b) it is noticed from the record that the assessing officer has made an addition of Rs. 50,65,200 on ...
New Delhi Municipal Council Through Its Director (Personnel) Vs. Kaney ...
Court: Delhi
Decided on: Sep-17-2004
Reported in: 114(2004)DLT26; 2004(76)DRJ698
Madan B. Lokur, J.1. The Petitioner has filed a bunch of 21 writ petitions against an Award dated 6th November, 2003 passed by the Central Government Industrial Tribunal-cum-Labour Court (the Tribunal). The issues involved in all the cases were said to be identical and so t his writ petition was taken up as the lead case. The only difference in facts in each case was said to be in respect of the post held by the Respondent/workmen.2. The New Delhi Municipal Committee (NDMC) was constituted by the Punjab Municipal Act, 1911. It has been renamed and reconstituted as the New Delhi Municipal Council by virtue of the New Delhi Municipal Council Act, 1994.3.NDMC is a compact unit providing civic services to the residents of New Delhi. These services include the supply of water and electricity. NDMC consists of three wings, namely, Electricity Wing, General Wing and Water Works Wing. Being a compact uni t, there is a common fund and budget for management of the affairs of NDMC.4.NDMC employs ...
Chemical Sales Agencies Vs. Smt. Naraini Newar
Court: Delhi
Decided on: Sep-17-2004
Reported in: AIR2005Delhi76; 2005(1)ARBLR193(Delhi); 114(2004)DLT272; 2004(77)DRJ224
Badar Durrez Ahmed, J.1. In both the writ petitions, the judgment and/or order passed by a learned Additional District Judge (ADJ), Delhi in Suit No.161/2002 entitled Smt Naraini Newar v. M/s Chemical Sales Agencies is impugned. Accordingly, this judgment shall dispose of both the writ petitions. 2. In essence, the dispute between the parties, i.e., Smt Naraini Newar on the one side and M/s Chemical Sales Agencies (hereinafter referred to as the 'CSA') on the other side, is a dispute with regard to their landlady-tenant relationship. Smt Naraini Newar claims to be the owner and landlady and CSA is the tenant in respect of the premises being the front portion of the Second Floor of Property No.5, Lancer's Road, B.D. Estate, Delhi-110054 (hereinafter referred to as the 'Suit Premises'). The aforementioned suit was filed by Smt Naraini Newar against CSA for possession of the suit premises and recovery of Rs.2,04,300/- as arrears of rent (with interest). In the said proceedings before the ...
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