Delhi Court August 2005 Judgments

Shyam Narayan Vs. Kitty Tours Travels and ors.

Court: Delhi

Reported in: IV(2005)ACC1

ORDERPradeep Nandrajog, J.1. Baby Chanda aged 5 years while proceeding to her house after attending school was hit by a Maruti Van bearing No. DL-14-3212 on the road near Mohan Mandir opposite Shop No. 1, Mayapur, Phase-I at about 1.00 p.m.2. I need not deal with the issue of whether Chanda died due to the rash and negligent act of the driver of the motor vehicle or any other issue for the reason appellants, mother and father of baby Chanda, seek enhancement of the compensation awarded by the Motor Accident Claims Tribunal.3. By and under the award dated 5.12.2003, a sum of Rs. 1 lac has been awarded to the appellants. While awarding sum of Rs. 1 lac to the appellants, learned MACT has held that income of the deceased child was incapable of assessment or estimation. Recognizing that every parent has a reasonable expectation of financial and moral support from his child, in the absence of any evidence led, learned MACT opined that interest of justice requires that the appellants are com...

Commissioner of Central Excise Vs. Doaba Fastners (P) Ltd.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

1. Heard the learned authorised representative for the department on the application for condonation of delay. The only ground which is put forth in the applications for condonation of delay is that the department had a fresh look in view of decision of the CESTAT in CCE, Nagpur v. Hari Vishnu Packaging, reported in 2004-TIOL-985-CESTAT-MUM and in view of having noticed the changed position, it was decided to file the appeals which came to be filed on 15.2.2005.2. It is stated that the decision in Hari Vishnu Packaging was rendered on 7.6.2004. The appeals were required to be filed on 10.06.2004 since the copy of the decision of the Commissioner was received on 10.3.2004 as stated by the learned authorised representative for the department.It is clear from the applications that the gross delay for a period from 10.6.2004 to 15.2.2005 has not at all been explained. Merely because a different view was taken in another matter by this Tribunal, that did not by itself extend the period of ...

Wimco Exports Ltd. Vs. Addl. Cit.

Court: Income Tax Appellate Tribunal ITAT Delhi

Reported in: (2006)5SOT262(Delhi)

This appeal by the assessee is directed against the order of the learned Commissioner (Appeals) dated 28-2-2002 for assessment year 1998-99. In the first ground the assessee is aggrieved against two disallowances, viz. Rs. 1,06,500 being expenses incurred in connection with the mutation of property and Rs. 46,504 representing cost of pagers each costing less than Rs. 5,000.The assessee-company is engaged in the business of trading, export, import and real estate. It had declared a total loss of Rs. 1,35,44,542 for the year under consideration. The expenditure of Rs. 1,06,500 was incurred for the mutation of the property which was the office building of the assessee. Since the assessing officer considered this to be of capital nature, he disallowed the claim of the assessee. Before the Commissioner (Appeals) it was contended that mutation was necessitated only on account of the change in the name of the company and not because the property was duly purchased. However, the Commissioner ...

Assistant Commissioner of Income Vs. Girish Chander Sharma

Court: Income Tax Appellate Tribunal ITAT Delhi

Reported in: (2006)104TTJ(Delhi)220

1. This appeal by the Revenue for asst. yr. 1998-99 is directed against order of CIT(A) deleting addition of Rs. 30 lakhs received from landlord for vacation of premises at 152, Golf Links, New Delhi. The AO assessed the amount under the head "Capital gains" whereas CIT(A) held it to be a capital receipt not liable to tax.2. The facts of the case are that assessee is lawyer by profession and had been representing and guiding M/s Gedore Tools (P) Ltd. [now named M/s Jhalani Tools (I) Ltd.] for the past several years. For utilizing retainership services in a better manner, above company allowed the assessee to occupy ground floor of above premises, as per letters/agreement dt. 5th Aug., 1977. Copy of above agreement is available on record and is also reproduced in the impugned orders. The assessee continued to occupy these premises till April, 1997 when he was persuaded by Jhalani Tools (I) Ltd. not to obstruct the surrender of premises to Shri T.R. Anand, who had purchased the property...

Hamdard Employees and General Workers Union (Regd.) Vs. National Capit ...

Court: Delhi

Reported in: 2005(84)DRJ69

Badar Durrez Ahmed, J.1. By way of this review petition, the respondents 4 & 5 in the writ petition being CW4415/2001 (hereinafter referred to as the 'said writ petition'), inter alia, pray that the judgment and/or order dated 29.07.2003 (hereinafter referred to as the 'said order') passed by this court be recalled, reviewed and/or modified and the said writ petition be dismissed.2. Prior to the filing of this review petition, the respondents 4 and 5 (applicants herein) had filed a Letters Patent Appeal being LPA No. 740/2004 in this High Court. When the said appeal came up for preliminary hearing, the appellants (Respondents 4 & 5 in the said writ petition) sought leave to withdraw the appeal with liberty to seek review of the said order. By an order dated 06.08.2004, a Division Bench of this Court dismissed the appeal as withdrawn with the aforesaid liberty. Thereafter, the review petition was filed. Subsequently, an amendment of the review petition was sought which was allowed on 21...

Anil Rajpal Vs. Delhi Development Authority

Court: Delhi

Reported in: 124(2005)DLT368; 2005(84)DRJ65; (2006)ILLJ643Del

S. Ravindra Bhat, J. 1. The petitioner, in these proceedings, impugns a charge sheet dated 24.7.1998 issued by the respondent Delhi Development Authority (hereafter DDA). The charge sheet pertains to an agreement for procurement of cast iron spigot from Indu Engineering Textiles Ltd in 1981-82, by contract No. 7/EE/HD.III/81-82. The allegations leveled were about the inclusion of certain stipulations in the contract, which eventually led to a demand for arbitration. The contractor's claims were adjudicated, and an award was made against DDA on 16-5-1985.2. The DDA issued the impugned charge sheet, proposing disciplinary action against the petitioner, on 24th July, 1998. The allegation was that the stipulations were drafted in a manner favorable to the contractor, who ultimately succeeded in arbitration proceedings. The petitioner was working as a Upper Division Clerk. The contract was ultimately finalized by senior officers. 3. The petitioner's principal ground of challenge to the disc...

Aggarwal and Modi Enterprises (Cinema Project) Pvt. Ltd. and anr. Vs. ...

Court: Delhi

Reported in: 123(2005)DLT154; 2005(84)DRJ160

A.K. Sikri, J. 1. The respondent New Delhi Municipal Council (hereinafter referred to as `the NDMC') is having land/site of about 13 acres in Chanakyapuri, New Delhi. In the year 1965, two projects were envisaged thereon, namely, (i) construction of an air-conditioned 11 storeyed (in addition to two basements) 212 rooms five star hotel and (ii) 1000 seats capacity cinema fully air-conditioned with a large restaurant and a number of shops in the premises. Sealed tenders were invited vide NIT dated 14th November, 1965 to grant lease in respect of these two projects described as `tender for hotel' and `tender for cinema'. The appellants were the successful bidder for the cinema and this culminated into the execution of the license agreement dated 3rd October, 1967 between the parties whereby the appellants were granted license to use the proposed building housing a cinema, which was to be constructed by the NDMC, with all the fittings and fixtures for a term of 10 years. The agreement pro...

Smt. Guddu Vs. the Medical Superintendent and ors.

Court: Delhi

Reported in: 124(2005)DLT42; 2005(84)DRJ1; [2005(107)FLR1034]

S. Ravindra Bhat, J. 1. The petitioner, in these proceedings, questions denial of compassionate appointment to her, by the respondents. She seeks a direction for consideration of her case, and a consequential direction to the respondents to permit her to reside in the quarters presently under her occupation.2. The petitioner's husband, one Chiranjvir, had worked with the Lok Nayak Jayaprakash Hospital (hereafter compendiously referred to as 'the respondents') for over 9 years, when he died on 25th October, 1998. The petitioner applied for compassionate appointment, and retention of the quarters allotted to her late husband; she was asked to submit evidence in proof of her age. It is alleged that she made repeated attempts to secure employment, and was made to wait on several occasions; however all her requests were unsuccessful. The petitioner also alleges that illegal gratification of Rs. 25,000/- was demanded. She has produced copies of several representations given to the respondent...

Prem Singh Rawat and anr. Vs. Union of India (Uoi) and anr.

Court: Delhi

Reported in: 124(2005)DLT171; 2005(84)DRJ568

Mukundakam Sharma, J.1.The Original Application filed by the petitioners before the learned Central Administrative Tribunal as against the order dated 19th December, 1992 disposing of the representation of one of the petitioners and also the order dated 22nd June, 1992 directing regular appointment of the petitioners in the posts of Lower Division Assistant effective only from 9th April, 1992, was dismissed. The said order of the learned Tribunal is under challenge in this writ petition.2.The petitioners herein were initially appointed in the Ministry of Urban Development in Group 'D' category post. However, since there were vacancies in the post of LDC, the petitioners herein were promoted on ad hoc basis to the said post of LDC in the year 1981-82 in which post they continued in the same capacity for about seven years. As the petitioners continued to remain in those posts on ad hoc capacity, they filed OA No.668/1988, 914/1988, 985/1988 and 1010/1988. The said Original Applications w...

A.i.i.M.S. Vs. Government of Nct of Delhi and ors.

Court: Delhi

Reported in: (2006)IILLJ201Del

A.K. Sikri, J.1. W.P.(C) No. 3237/1994 is taken up with the consent of the parties.2. In all these petitions, the workmen were working on daily wage basis with the petitioner, namely, All India Institute of Medical Sciences. Their services were terminated and challenging their termination, they raised industrial disputes. Separate references were made for adjudication and the awards were given holding that their termination is illegal. However, while giving the relief of reinstatement with back wages, the Industrial Tribunal (for short 'the Tribunal') directed that back wages shall be given at par with the regular employee in their category in view of the judgment of this Court in the case of MCD v. Ganesh Razak 1994 LLR 82.3. All these workmen were taken into service Mr. Gupta, learned Counsel for the petitioner submitted that their services except Mr. Ram Kumar have since been regularised as he is no more in the employment of the petitioner as of today and according to the petitioner...