Delhi Court August 2006 Judgments
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Mange Ram Mittal Vs. Assistant Commissioner of Income
Court: Income Tax Appellate Tribunal ITAT Delhi
Decided on: Aug-18-2006
Reported in: (2006)103ITD389(Delhi)
1. This appeal has been filed by the assessee on 23rd July, 1997 against the order of the learned AO being Asstt. CIT, Hissar Circle, Hissar, dt. 27th June, 1997 in the case of the assessee in relation to block assessment order under Section 158BC of the IT Act. This appeal has been assigned to us by the order of the Hon'ble President, Tribunal for disposal as well as for consideration and decision on the following question: What is the meaning and scope of phraseology, 'such other materials or information as are available with the AO and relatable to such evidence' appearing in Section 158BB(1) of the Act as substituted by the Finance Act, 2002 with retrospective effect from 1st July, 1995.2. In this appeal the assessee originally filed grounds of appeal running into 24 pages. As these grounds were not in accordance with Rule 8 of the ITAT Rules, the assessee was directed to file concise grounds of appeal. Finally the assessee filed revised "Summarized ground of appeal" on 8th Dec., ...
Subhash Chander Vs. M.C.D.
Court: Delhi
Decided on: Aug-18-2006
Reported in: 134(2006)DLT680
S. Muralidhar, J. 1. This appeal is directed against the order dated 3.1.2002 passed by a learned Single Judge dismissing W.P.(C) 1520/98 filed by the appellant.2. The appellant had filed a writ petition challenging an advertisement dated 24.1.1998 issued by the respondent Municipal Corporation of Delhi (MCD), to the extent it laid down a condition that the application by a candidate for obtaining an other backward class (OBC) certificate should have been made to the concerned officer at Delhi on or before 31.7.1996.3. The learned Single Judge dismissed the writ petition on two grounds. First, that till 30.12.1997, no OBC certificate from the competent authority at Delhi had been obtained by the appellant and that accordingly the appellant had rightly been considered as a general candidate. Secondly, the subsequent submission of such certificate by the appellant was to no avail in terms of the judgment of Hon'ble Supreme Court in MCD v Veena (2001) 6 SCC 571.4. We have heard submission...
Vaishali International School Teachers Welfare Association Vs. All Ind ...
Court: Delhi
Decided on: Aug-18-2006
Reported in: 132(2006)DLT237
S. Muralidhar, J.Backgrounds Facts1. In a little over two weeks from today we will, on September 5, again celebrate `Teachers' Day'. There are many who belong to this noble tribe who work under exploitative conditions and whose plight goes largely unnoticed, except occasionally in judicial records. This is one such occasion. The appellant before us is a welfare Association of the teachers of Vaishali International School (hereafter 'the School') at 472-A, Bhola Nath Nagar, Shahdara, Delhi - 110 032. The School is run by the Respondent No. 1-All India Siddhartha International Educational Society (hereafter 'the Society'). The School was recognized by the Director of Education by letter dated 29.8.1991 initially for Classes I to VIII. Later, by an order dated 10.6.1996, the School obtained recognition from Class VIII to the secondary stage with effect from the academic session 1996-97. 2. Pursuant to an order dated 5.12.1997 passed by the Director of Education, a Special Inspection of th...
Skipper Properties P. Ltd. Vs. Bses Rajdhani Power Ltd.
Court: Delhi
Decided on: Aug-18-2006
Reported in: 132(2006)DLT277
S. Ravindra Bhat, J.1. Issue notice. Mr. Naveen Chawla, learned Counsel accepts notice on behalf of respondent and states that he does not wish to file counter affidavit; it is further submitted that the matter can be disposed off at the stage of admission.2. The petitioner is owner of Janak Cinema. It had approached this Court claiming to be aggrieved in respect of some electricity bills on a previous occasion by filing W.P.(C) 3888/04. It is averred and contended on its behalf that the BSES changed the meter in the premises on 12.1.2005. Learned Counsel on behalf of the counsel for the petitioner has taken me through the allegations in the petition, certain orders passed by this Court and submitted that after installation of the meter in January 2005, despite repeated requests, proper billing was not resorted to the BSES and that finally a bill was issued in December 2005 for the amount of Rs. 7,74,000/-. It is claimed that the petitioner was aggrieved and approached the officials of...
Airports Authority of India Vs. I.C.M. Airport Technics
Court: Delhi
Decided on: Aug-18-2006
Reported in: 2006(3)ARBLR380(Delhi)
Mukundakam Sharma, J.1. This appeal is directed against the judgment and order dated 3rd January, 2006 passed by the learned single Judge whereby the learned single Judge has disposed of the applications filed under Sections 30 and 31 and 15 of the Arbitration Act, 1940, making the award passed by the learned Arbitrator on 15th March, 1994 Rule of the Court with a modification that the respondent shall be entitled to interest @12% p.a. instead of 18% per annum with effect from 1st September, 1991 till the date of the decree in respect of the agreement arrived at between the appellant and the respondent executed on 12th January, 1984, for supply, installation, testing and commissioning of a pallet/container storage and handling equipment at the International Cargo Terminal Building at the New International Terminal Complex at Delhi Airport. Dispute arose between the parties in respect of the work to be carried out and payments to be made. The same were referred to the Sole Arbitrator by...
Delhi Transport Corporation Vs. Anand Pal
Court: Delhi
Decided on: Aug-18-2006
Reported in: 132(2006)DLT266
S. Muralidhar, J.1. This appeal is directed against the judgment and order of the learned Single Judge dated 17.1.2006 dismissing the appellant's applications CMs 10642-43/2004 seeking condensation of the delay in filing the application for restoration of Writ Petition (C) 6460/1998 and consequently the restoration application. 2. The facts, in brief, are that the respondent was appointed in the appellant-corporation as Driver-cum-Additional Fitter on probation with effect from 1.8.1975. He was subsequently confirmed in his post on 16.5.1980. It is stated that the respondent's absence from duty with effect from 10.7.1989 to 7.10.1989 was commuted as extraordinary leave without pay by invoking Clause 14 (10) (c) of the Delhi Road Transportation Authority (Condition of Employment and Service) Regulations, 1952 (for short 'Regulations'). The appellant issued a show cause notice to the respondent requiring him to explain he should not be declared as deemed to have resigned with effect from...
Mcd Vs. Sangeeta Saini and anr.
Court: Delhi
Decided on: Aug-18-2006
Reported in: 132(2006)DLT329
S. Muralidhar, J.1. This appeal is directed against the judgment dated 7.5.2002 passed by learned Single Judge disposing of Writ Petition (C) 4204 of 2001 filed by the respondent No. 1 whereby the appellant/MCD was directed to consider the Respondent No. 1 for appointment to the post of Assistant Teacher . The learned Single Judge placed reliance in Tej Pal Singh v. Government of NCT of Delhi 83 (2000) DLT 649.2. The facts relevant to the present appeal are that the appellant issued an advertisement on 16.7.1996 inviting applications for the post of Assistant Teachers. Among the conditions prescribed was that the complete application form had to be submitted by 31.7.1996. Further it had to be accompanied by ''attested copies of documents in favor of claim of SC/ST/OBC/PH/ex-S etc.'' Nothing was indicated in the advertisement about the SC/ST/OBC certificate having to be obtained from an authority in Delhi. As per an advertisement dated 24.1.1998 issued by the MCD, the candidates were in...
Badarpur thermal Power Engineers and Workers Union through Its' Genera ...
Court: Delhi
Decided on: Aug-18-2006
Reported in: 132(2006)DLT662; [2007(112)FLR51]
Shiv Narayan Dhingra, J.1. This writ petition has been filed by the petitioner under Article 226 of the Constitution of India making following prayers:Prayer:Under these circumstances it is thereforee prayed that his Hon'ble Court may kindly be pleased to:(i) issue an appropriate writ or writs directing the respondent No. 3 not to implement the settlement dtd. 31.5.1995 on the petitioner or its members in Badarpur Thermal Power Station; and(ii) issue a writ or writs, order or orders declaring that the settlement dtd. 31.5.1995 is not a settlement arrived during the course of conciliation proceedings as envisaged under Section 12 of the Industrial Disputes Act and thereforee it is not binding on the petitioner and its members;(iii) pass any other order or orders which this Hon'ble Court may deem fit and proper under the circumstances of the present case. 2. Briefly the facts are that a settlement was arrived at between respondent No. 3 and four workers' union on 31.5.1995. By this settl...
Shri S.K. Maheshwari Vs. Bses Yamuna Power Ltd.
Court: Delhi
Decided on: Aug-18-2006
Reported in: 2006(91)DRJ236
S. Ravindra Bhat, J.1. The legality and justification of an electricity bill for the sum, of Rs. 1,37,494/- issued by the Respondent BSES Rajdhani Power Ltd (hereafter variously, 'BSES' Ltd and 'the utility') has been questioned, in these writ proceedings.2. The facts necessary for the purpose of deciding the dispute are that the petitioner, an electricity consumer, carrying on business in printing, was issued with the impugned bill, whereby the utility demanded an amount of Rs. 1,37,994/-.3. The basic facts are not in controversy. The utility does not allege, either in its return in these proceedings, or during the course of hearing, that the petitioner was guilty of indulging in any theft of electricity or 'dishonest abstraction of electricity' falling within the description under Sections 126 and 135 of the Electricity Act, 2003. Yet, it alleges that although the meter was not tampered, its clock (time setting) was faulty. At one stage, it half heartedly alleged that the petitioner ...
Agri Trade India Services Pvt. Ltd. and anr. Vs. Union of India (Uoi) ...
Court: Delhi
Decided on: Aug-18-2006
Reported in: 132(2006)DLT500; 2006(204)ELT161(Del)
S. Muralidhar, J.Introduction1. Important questions of law concerning the interpretation of Section 5 of the Foreign Trade (Development and Regulation) Act, 1992 (hereinafter `the Act') and certain notifications issued there under arise for consideration in this writ petition. The cause for this invitation to judicial determination is a cross-border transaction that requires the petitioners before us to export 30,000 metric tonnes (MT) of Chick Peas from this country to her neighbour, Pakistan.2. For those needing proof that globalisation of trade is not a recent phenomenon one has only to look at the history and the evolution of cuisines around the world. In many countries, the currently popular cuisine is an adaptation of a foreign one. The popularity in our country of Chinese, Italian and recently Lebanese food bears testimony to this growing trend. Indian spices and pulses were among the earliest to be traded at the height of the ancient civilizations of Egypt, Greece and Rome. As ...
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