Delhi Court September 2004 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.
Mr. S. Kiran Mahajan Vs. Oriental Bank of Commerce
Court: Delhi
Decided on: Sep-28-2004
Reported in: 114(2004)DLT348
Vijender Jain, J.1. This writ petition has been filed aggrieved by the order of the sale of property by the recovery officer dated 14th September, 2004 and rejecting the application of the petitioner. The petitioner had filed an application for determination of Mortgage liability against her. The petitioners had contended the said liability as per entry in Equitable Mortgage Register of the Bank was valued at Rs. 9 lacs and thereforee the liability of the petitioners could not exceed the said amount. It was also contended that as the property bearing No.E-300, 1st Floor, Greater Kailash-II, New Delhi was valued at Rs.9 lakhs, thereforee, petitioners' liability could not exceed the said amount and the petitioners were willing to pay the said mortgage liability to the respondent-bank and the proclamation of the sale effected by Recovery Officer should be set aside. The certificate holder bank had opposed the prayer of the applicants. The Debt Recovery Tribunal did not agree with the grou...
Alan Dick and Company Ltd. Vs. Union of India (Uoi) and ors.
Court: Delhi
Decided on: Sep-28-2004
Reported in: 114(2004)DLT440; 2004(77)DRJ638
D.K. Jain, J.1. RULE D.B. 2. With the consent of learned counsel for the parties, the matter is taken up for final disposal at this stage itself. 3. Challenge in this writ petition is to the decision of the Indira Gandhi National Open University (for short `IGNOU'), an autonomous body and respondent No.2 herein to accept the bid submitted by respondent No.4 for supply of Combiners/Multiplexes. The prayer in the writ petition is for rejection of the said bid and for a direction to respondent No.2 to consider and accept the technical bid submitted by the petitioner. 4. Brief outline of the factual matrix, which has given rise to the present judicial action, is as follows: In June-July 2004, IGNOU invited tenders for supply of Combiners/Multiplexes for combining the Radio Frequency Transmitter power, in cascade; of two or more FM Transmitters operating on different frequencies; for feeding to a single Antenna System. The tender was to be submitted on the basis of ''two bid system'', namel...
Madan Lal Khanna and anr. Vs. the Lakshmi Vilas Bank Ltd. and anr.
Court: Delhi
Decided on: Sep-28-2004
Reported in: 114(2004)DLT310; 2004(77)DRJ266
Mukul Mudgal, J. 1. The primary question arising in this application and the suit is whether an unwilling lessee can be directed by an interlocutory order to continue as a lessee beyond November 2005 on the ground that the lease deed upon renewal provided starting in November 2005 that the lessee was continue up to a particular period i.e. November 2011 until the expiry of the renewal period of the lease. The lease with the 1st defendant was initially for 9 years commencing from 1996 and provided for a renewal for six years i.e. up to 2011. There is a further plea of the plaintiff that it took a loan of Rs. 1,71,50,000/-, which was payable to the defendant No.1 with interest by the defendant by adjusting lease rentals up to November 2011. The lease rentals up to November 2011 were sufficient to pay the entire amount loaned by the defendant No.1 to the plaintiff. The defendant No.1 at the request of the plaintiff agreed to pay the lease money directly to defendant No. 2 upon the entire ...
Kashmiri Lal and ors. Vs. Ndmc and anr.
Court: Delhi
Decided on: Sep-28-2004
Reported in: AIR2005Delhi236
Pradeep Nandrajog, J.1. Petitioners are holding a perpetual lease in their names executed by the L&DO; for shops in Bhagat Singh Market, New Delhi. Bhagat Singh Market was earlier in an area under the control of New Delhi Municipal Committee, now, under the jurisdiction of New Delhi Municipal Council.2. The lease deeds being identical, the one in favor of petitioner in WP(C) No.427/1977 Sh.K.S. Bhati was referred to during arguments.3. The lease deed so referred to was agreed by the counsel for the parties as being representative of all other lease deeds executed in favor of other petitioners as well.4. The lease deed is dated 31.12.1969. Shop no.24 has been demised in favor of K.S. Bhati for a period of 99 years. The perpetual lease deed records that the government has constructed double storyed building in Bhagat Singh Market consisting of 160 shops on the ground floor and flats on the upper floor. While conveying shop No.24 to K.S. Bhati, it is stated that the shop admeasures 387 Sq...
Azad Singh and ors. Vs. Madan Lal and ors.
Court: Delhi
Decided on: Sep-28-2004
Reported in: 115(2004)DLT342
R.S. Sodhi, J.1. This petition is directed against the judgment dated 7.2.2003 of the Rent Control Tribunal in RCA No.152/2000 whereby the learned Tribunal has dismissed an appeal preferred against the order dated 27.1.2000 passed by the Rent Controller, Delhi vide which the learned Rent Controller allowed the objections of Madan Lal holding that the eviction order dated 1.5.1989 in petition No.E419/1988 passed against Ajay Kumar in respect of tenanted premises is not executable against Madan Lal, the respondent. The Tribunal also awarded a special cost of Rs.10,000/- to the respondent.2. Brief facts of the case as noted by the Rent Control Tribunal are as follows:-'.....the appellant preferred an eviction petition against Judgment debtor Ajay Kumar under Section 14(1)(a) of the DRC Act claiming that said Ajay Kumar was inducted in property WZ-291/5, G Block, Hari Nagar, Jail Road, New Delhi as a tenant on 14.4.87 vide rent deed executed by the Judgment Debtor. The Judgment debtor was ...
Ashok Kumar Vs. Premvati and anr.
Court: Delhi
Decided on: Sep-28-2004
Reported in: 115(2004)DLT62
R.S. Sodhi, J.1. CM.No.870/2002:Delay condoned. Application stands disposed of.2. C.R.P. 399/2002 & CM.No.869/2002:CRP 399/2002 is directed against the judgment dated 6.10.2001 of the Additional Rent Controller, Delhi whereby the learned Additional Rent Controller has passed an eviction order in favor of the respondent herein under Section 14(1)(e) of the Delhi Rent Control Act.3. Brief facts of the case as noted by the Additional Rent Controller are as follows:-'.... the relevant facts of the case, as stated by the petitioner are that she is the owner/landlady of the property in question i.e. property bearing No.4270, Gali No.9A, Ajit Nagar, Gandhi Nagar, Delhi - 31 and she let out one room measuring 15' x 25' out of the said property to the respondents Along with common latrine as shown in site plan at a monthly rent of Rs.700/- excluding electricity and water charges. Petitioner further stated that the tenanted premises were let out to the respondents on 22.8.92 but no written agree...
Braham Prakash Vs. Income Tax Officer
Court: Delhi
Decided on: Sep-28-2004
Reported in: (2004)192CTR(Del)190; [2005]275ITR242(Delhi)
B.C. Patel, C.J.1. One Sheesh Ram, the original claimant in certain land acquisition proceedings, along with Ram Swarup moved the reference Court (Addl. District Judge, Delhi) in LAC No. 134 of 1990. It transpires that during the pendency of those proceedings, Sheesh Ram died on 3rd Aug., 1986. His seven legal heirs were brought on record in the proceedings before the Addl. District Judge, Delhi who ultimately made an order on 25th Jan., 1994; awarding compensation for the lands acquired at the rate of Rs. 76,550 per bigha, solarium, along with other benefits.2. The present petition is directed, inter alia, against the notice of demand under Section 156 of the IT Act, 1961 (hereinafter for short 'the Act') issued by the IT Department, a copy of which is produced at p. 26 of the paper book. The notice is in the name of Braham Parkash, legal heir of Sheesh Ram for the asst. yr: 1996-97 raising a demand of Rs. 57,75,545. Thereafter, a notice, which is also impugned, under Section 221(1) o...
Paragon Constructions (i) (P) Ltd. Vs. Commissioner of Income Tax and ...
Court: Delhi
Decided on: Sep-28-2004
Reported in: (2004)192CTR(Del)418; [2005]274ITR413(Delhi)
B.C. Patel, C.J.1. The appellant has approached this Court against the order made by the Tribunal Under Section 260A of the IT Act, 1961 (hereinafter referred to as 'the Act'). At the request of the learned counsel appearing for the parties, the appeals are taken up for final disposal.2. For the asst. yrs. 1991-92 and 1992-93 Tribunal disposed of the appeals against the assessed. In the appeal for asst. yr. 1992-93 the question of law which arises is as under :'Whether the Tribunal was right in law in holding that interest amounting to Rs. 6,63,275 accrued to the assessed during the previous year relevant to asst. yr. 1992-93 was includible in its total income ?'A similar question arises for the asst. yr. 1991-92.3. In the instant case it appears that there was a contract between the appellant and the New Delhi Municipal Commissioner {for short 'NDMC'). There were disputes about implementation of the contract in time and the default committed by NDMC. We need not discuss these issues, ...
Commissioner of Income Tax Vs. Motor General Finance Ltd.
Court: Delhi
Decided on: Sep-28-2004
Reported in: (2005)193CTR(Del)258; [2005]272ITR550(Delhi)
B.C. Patel, C.J.1. On remand made by the Supreme Court in Civil Appeal No. 1479 of 2004 in the case of Motor General Finance Ltd. v. CIT : [2004]267ITR381(SC) this appeal is listed before us for hearing.2. From the order of the Tribunal, it transpires that there was a specific ground with regard to the disallowance of Rs. 10 lakhs in respect of fresh advances made in the year in question to the sister-concern by the appellant, In all, the loan granted to the sister-concern extended to the tune of Rs. 47,67,740.3. The AO was of the view that the basic information was not provided so as to arrive at a conclusion of the nexus between the advances and the assessed's overdraft and, thereforee, adverse inference had to be drawn to the effect that the assessed had utilised interest-bearing loans to make the advances to the sister-concern and ultimately, considering this aspect, came to the conclusion that interest liability charged to the P&L; a/c or to the like after taking a sum of Rs. 10 l...
Commissioner of Income-tax Vs. P.V. Kumar
Court: Delhi
Decided on: Sep-28-2004
Reported in: (2005)199CTR(Del)429; [2005]279ITR9(Delhi)
B.C. Patel, C.J.1. This appeal is filed by the appellant, Commissioner of Income-tax against the order made by the Income-tax Appellate Tribunal in I. T. A. No. 3301/Del/1998 on November 22, 2002. The appeal relates to the assessment year 1994-95. In the instant case, paragraph 5 of the order reads as under:'5. Learned Departmental Representative, Smt. Pratima Kaushik, appeared for the Revenue. None appeared for the assessed. Notice fixing the date of hearing sent by post has been received back with the postal authorities' remark 'left'. Hence, we are disposing of the appeal ex parte qua the assessed but on the merits after hearing the learned Departmental Representative and perusing the record.' 2. Before this court also, the respondent is not served. It appears that the Tribunal rendered the decision in the absence of the assessed without effective service. The notice which was sent has been received with the postal remark 'left'. This indicates that the assessed was not served with ...
- ‹ Prev
- 1
- 2
- 3
- 4
- 6
- 7
- 8
- 9
- 10
- 11
- Next ›
- Last »