Delhi Court September 2004 Judgments
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Transworld International Inc. Vs. Jt. Commissioner of Income Tax
Court: Delhi
Decided on: Sep-10-2004
Reported in: (2004)192CTR(Del)97; 113(2004)DLT865; 2004(76)DRJ626; [2005]273ITR242(Delhi)
B.C. Patel, C.J.1. The petitioner has approached this Court by filing this writ petition under Article 226 of the Constitution of India, inter alia, requesting for issuance of a writ in the nature of certiorari or any other appropriate writ, order or direction quashing the impugned notice/proceedings dated 10.5.2001 issued by the Assessing Officer under Section 148 of the Income Tax Act, 1961 (hereinafter referred to as 'the Act'), a copy of which is produced on record at Annexure-A.2. The petitioner, a Non-Resident Foreign Company, is engaged in the business of producing television programmes primarily relating to sport activities. For the assessment year 1997-98 a return of income under Section 139(1) of the Act was filed on 29.5.1998 declaring an income of Rs.95,59,750/- wherein a claim was made for depreciation at the rate of 25% amounting to Rs1,36,00,682/- on plant and machinery valued at Rs.5,44,02,729/-. The return of income was processed on 31.5.1999 under Section 143(1)(a) of...
Sh. Mohinder Singh Verma Vs. the State and ors.
Court: Delhi
Decided on: Sep-10-2004
Reported in: 2004(77)DRJ199
R.C. Chopra, J.1. The petitioner aged about 85 years who retired from Government service as far back as in the year 1977 is unfortunately pitted against his own son and daughter-in-law who are respondents No. 2 and 3. The bone of contention is the ground floor of property No. A-2/163, Safdarjung Enclave, New Delhi of which the petitioner is the owner. It is a 21/2 storeyed property built by the petitioner after purchasing a plot from Delhi Development Authority vide a Lease Deed of the year 1964. In June, 1996, the petitioner executed a Gift Deed in favor of his daughter-in-law, respondent No. 3, in respect of the ground floor portion of this property. However, in terms of Clause 4 A of this Gift Deed, the petitioner reserved his right to reside in the front drawing room along with his wife. The petitioner's grievance is that he has been dispossessed from the said house and is being restrained from entering the house by respondents No. 2 and 3 and the local police is not helping him. H...
Asahi India Safety Glass Limited Vs. Union of India (Uoi) and ors.
Court: Delhi
Decided on: Sep-10-2004
Reported in: 114(2004)DLT145; 2004(76)DRJ543; 2005(180)ELT5(Del)
B.C. Patel, C.J.1. The petitioner, engaged as a manufacturer of toughened (tempered) and laminated safety glass, has filed this petition against the order dated 16.9.2002 made by the Customs and Central Excise Settlement Commission, New Delhi (hereinafter referred to as 'the Commission' ) directing the petitioner to pay duty amount of Rs. 3,47,38,325/- towards settlement of the show cause notices dated 1.9.2000, 14.12.2000 and 20.6.2001 and has prayed to quash and set aside the operation of the impugned order No. F/63/2002-SC(PB) dated 21.8.2002 made by the Commission confirming the duty as aforesaid and has also prayed for issuance of a writ or order entitling the petitioner to take Modvat credit to the tune of Rs. 3,47,38,325/- in relation to three show cause notices.2. The petitioner sells the manufactured items to the motor vehicle manufacturers. It is required to clear the goods on payment of excise duty. In the instant case, it has availed a Modvat credit on sale of safety glass ...
Shri Hans Raj Goel and ors. Vs. Govt. of Nct of Delhi and anr.
Court: Delhi
Decided on: Sep-10-2004
Reported in: III(2004)ACC579; 114(2004)DLT167; 2004(77)DRJ19
Sanjay Kishan Kaul, J. 1. The right of a State Transport Authority to vary/abolish the route of a permit under the Motor Vehicles Act, 1988 (hereinafter referred to as 'the said Act') has given rise to this batch of writ petitions. 2. The petitioners in these petitions were all allotted Route No. 247 for the route area of Krishna Vihar to Inter State Bus Terminus. The grievance of the petitioners is in respect of the impugned order/notice issued in all these matters in exercise of Section 72(2)(xxii) of the said Act in the following terms: ''NOTICE UNDER SECTION 72(2)(xxii) OF THE MOTOR VEHICLES ACT, 1988 Whereas with the coming-up of Metro Operation between Shahdara - Tri Nagar, an uneconomic competition between the Metro and bus operation is growing on the parallel stretch of Metro Line. And whereas the STA is of the considered view that this uneconomic competition should be stopped to encourage the mass Transport System of Metro Rail run on electricity in the larger interest of clea...
Standard Chartered Bank Vs. Shiv Shankar Gupta
Court: Delhi
Decided on: Sep-10-2004
Reported in: AIR2005Delhi74; I(2005)BC179; 114(2004)DLT184; 2004(77)DRJ131
R.S. Sodhi, J.1. This appeal is directed against the order dated 19.7.2004 of the Additional District Judge, Delhi whereby the learned Judge on an application under Order 40 Rule 1 read with Section 151 CPC appointed a receiver and vide his separate order dated 27.7.2004 directed the receiver to take possession of Vehicle No. DL-IC-F-6702 and hand over the same on superdari to the plaintiff therein.2. Brief facts of the case as noted by the Additional District Judge are as follows:-'The plaintiff has filed the present suit for declaration, possession, damages, mandatory and permanent injunction against the defendants. According tot he plaintiff, sometime in the year 2002 the officials of the defendant no.1 approached him and persuaded him to have a credit card facility to which the plaintiff agreed and accordingly a current account no.52205350948 was opened in the defendant bank. The plaintiff is also owner of Tata Safari having registration no.DL-1CF-6702 which he had purchased from o...
Smt. Kamla Devi Vs. Government of Nct of Delhi and anr.
Court: Delhi
Decided on: Sep-10-2004
Reported in: III(2004)ACC335; 2005ACJ216; 114(2004)DLT57; 2004(76)DRJ739
ORDER TO PAY COMPENSATION. (1) When a Court imposes a sentence of fine or a sentence (including a sentence of death) of which fine forms a part, the Court may, when passing judgment, order the whole or any part of the fine recovered to be applied - (a) in defraying the expenses properly incurred in the prosecution; (b) in the payment to any person of compensation for any loss or injury caused by the offence, when compensation is, in the opinion of the Court, recoverable by such person in a Civil Court, (c) when any person is convicted of any offence for having caused the death of another person or of having abetted the commission of such an offence, in paying compensation to the persons who are, under the Fatal Accidents Act, 1855 (13 of 1855), entitle to recover damages from the person sentenced for the loss resulting to them from such death; (d) when any person is convicted of any offence which includes theft, criminal misappropriation, criminal breach of trust, or cheating, or of h...
Mirza Vs. Rajinder Kumar Saini and ors.
Court: Delhi
Decided on: Sep-10-2004
Reported in: 114(2004)DLT211; 2004(77)DRJ174
R.S. Sodhi, J.1. CM(M) 716/2004 is directed against the order dated 17th March, 2004, of the Additional Rent Control Tribunal (for short 'the Tribunal') in RCA No.498/2003, whereby the Tribunal has dismissed the application of the appellant herein for condensation of delay in filing the appeal against the order dated 16th May, 2003, whereby an order is passed on the ground of second default in the proceedings under Section 14(1)(a) of the Delhi Rent Control Act.2. The brief facts of this case as has been noted by the Tribunal are as under :'......appeal against the impugned order dated 16.5.2003 was filed on 7.7.2003 Along with an application seeking condensation of delay. The impugned order is passed on the ground of second default in the proceedings under Section 14(1)(a) of the DRC Act.2. As per the endorsement of the Copying Agency on the certified copy, an application, an application for taking certified copy was made on 27.5.2003. The same was ready for being delivered and collec...
Vinita Saxena Vs. Pankaj Pandit
Court: Delhi
Decided on: Sep-10-2004
Reported in: AIR2005Delhi243; 113(2004)DLT884; II(2004)DMC602; 2004(77)DRJ644
C.K. Mahajan, J. 1. The present appeal is directed against the judgment dated 19th March, 2001 passed by Additional District Judge dismissing the petition of divorce filed by the petitioner under Sections 13(i-a)(iii).2. The marriage between the appellant and respondent was solemnized on 7th February, 1993 as per Hindu rites and ceremonies. It was an inter caste love marriage. Out of the said wedlock no child was born. According to the appellant from the first day of marriage, the petitioner was treated with utmost cruelty i.e. mental as well as physical by the respondent and his mother. Prior to marriage, the respondent was suffering from mental disorder and is a case of paranoid schizophrenia and psychopathic disorder. He was under treatment of Dr. Prema Bali who opined that respondent was unable to carry on the marital relationship. However, the said fact was not disclosed to the appellant. After marriage the gravity of illness increased. The mother of the respondent used to instiga...
Union of India (Uoi) Vs. Amira Traders
Court: Delhi
Decided on: Sep-10-2004
Reported in: 114(2004)DLT302; 2004(77)DRJ135
R.S. Sodhi, J. 1. This appeal is directed against the award dated 08.04.1999 of the Railway Claims Tribunal in of 9600549 whereby the Tribunal has awarded a sum of Rs. 80,313.25 paise (Rupees eighty thousand three hundred thirteen and paise twenty five only) with proportionate costs pendente lite and future interest at the rate of 10% per annum from the date of filing of the application till the date of realization. The date of filing of the application is 4.11.1996.2. Brief facts of the case as noted by the Railway Claims Tribunal are as follows:-' ....an application for the recovery of a sum of Rs. 82,237.50 paise with costs and interest pendente lite and future at 18% per annum from the respondent. The case of the applicant is that on 5.11.93 the consignor entrusted 480 kattas of kabuli gram to the respondent vide Railway Receipt No. 107535 at Wadi Bander for carriage and delivery at Sabzimandi. The further case of the applicant is that the consignment ought to have been offered to ...
Balbir Singh and ors. Vs. Financial Commissioner and ors.
Court: Delhi
Decided on: Sep-10-2004
Reported in: 114(2004)DLT655; 2004(77)DRJ525; (2005)139PLR16
Pradeep Nandrajog, J.1. A very disturbing trend which needs to be deprecated be noted at the outset. On 20.5.2004, order was passed in presence of counsel for the petitioners directing:WP(C) NO. 41/1987'Respondent No.1 is a formal party and none has put in appearance for respondent No.15. A complete set of paper book be supplied to learned counsel for respondent No.2 & 3.List in the category of After Notice Misc. Matters on 19.8.2004 for final disposal.'2. On 19.8.2004, matter was shown in the cause list but under the caption:'For Directions:'3. When matter was called, counsel for respondents 4 to 14 stated that his clients were not pressing any claim to the land in dispute being the land comprised in killa no.257 in Village Karala. Land being a Village pond had to be preserved as a pond in view of the decision of the Supreme Court reported as : AIR2001SC3215 , Hinch Lal Tiwari v. Kamla Devi & Ors. So stating and completing his submission within less than a minute, counsel resumed his ...
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