Delhi Court January 2007 Judgments

Fdc Limited Vs. Union of India (Uoi) and ors.

Court: Delhi

Reported in: 136(2007)DLT266; [2007(113)FLR166]; (2007)2LLJ413Del; 2007(1)CLR706

Shiv Narayan Dhingra, J.1. By this writ petition, the petitioner has challenged the validity of notification dated 22.5.2001 issued by the Government of India, Ministry of Labour, whereby in exercise of powers conferred under Section 7B of the Industrial Disputes Act(in short 'the Act'), the Government constituted National Tribunal with Headquarters at Calcutta and referred the following dispute to the National Tribunal:Whether the actions of the management in relation to FDC Ltd. in terminating the services of 58 medical representatives as given in Annexure are legal and justified? If not, to what relief are the medical representatives entitled to2. The names of the employees involved, their place of work and alleged date of termination are as under:LIST OF TERMINATIONS:S/Sri1. C. Valasukumar Kannur 15.10.972. S. Ramesh Warangal 03.10.973. K. Patwari Kurnool 30.10.974. V. Chandrasekhar Madurai 13.10.975. Bhaskar Thirumal Mumbai 19.02.986. B. Saha Dibrugarh 20.09.977. Santosh Tiwari Ja...

Rattan Singh Associates (P) Ltd. Vs. Gill Power Generation Company Pvt ...

Court: Delhi

Reported in: 2009(93)DRJ431; (2007)146PLR2

Gita Mittal, J.1. This petition has been filed on behalf of the petitioner under Section 11(6) of the Arbitration & Conciliation Act, 1996 seeking appointment of an arbitrator. The petitioner places reliance on an agreement dated 9th April, 2003 whereby it was awarded the civil construction work of Babhalli Hydro Electric Project, Punjab vide contract No. GPGC-2003/Civil Works/001 which was to the tune of Rs. 6,09,82,995/-. According to the petitioner, the project for the hydro electric power production was funded by the World Bank. Pursuant to the terms of agreement, the petitioner had furnished a performance guarantee in the prescribed form for an amount of Rs. 30,50,000/-.2. This petition has been necessitated as, according to the petitioner, its running bills for the work done from time to time for the purposes of verification and payment, have been disregarded by the respondent. According to the petitioner, it received ad hoc payments on account basis which was much less than the ...

Shri Wahidar and ors. Vs. Sh. Raj Bahadur S/O Sh. Chote Lal and the Or ...

Court: Delhi

Reported in: II(2007)ACC393; 2008ACJ1757; 140(2007)DLT149

Kailash Gambhir, J.1. The appellants have filed the present appeal under Section 173 of the Motor Vehicles Act 1988, feeling aggrieved with the order dated 21.2.2004 passed by the Motor Accident Claim Tribunal. The appellants are primarily aggrieved on two counts; firstly that the Tribunal has not taken into consideration the monthly income of the deceased which was stated to be Rs. 2,500/- per month, secondly the Tribunal has not given directions to the insurer to pay the award amount and thereafter to recover the same from the owner of the offending vehicle.2. In support of his first contention counsel for the appellants has relied upon the statement of PW-2, father of the deceased who has categorically stated in examination-in-chief that the deceased was earning Rs. 2,500/- per month at the time of his accident. The submission of the counsel for the appellants is that once the clear cut deposition was made by the witness, the tribunal ought not to have taken any other income to be t...

Pushpa Rani Jaggi and ors. Vs. Dwarka Dass (Deceased) Through Lrs.

Court: Delhi

Reported in: 136(2007)DLT346

Sanjay Kishan Kaul, J.1. Late Shri Jagdish Lal Jaggi was the owner of property bearing No. 12/1, Tilak Nagar, New Delhi having acquired perpetual leasehold rights in pursuant to Perpetual Lease Deed dated 22.9.1965 (Exhibit AW-1/2). The Perpetual Lease Deed inter alias provided as under:(e) The ground rent will be payable in advance in half yearly Installments on the 15th January and 15th July each year. The ground rent shall be payable for the full half year for the period from the date of purchase of the grant of a lease of the site on the 15th January or 15th July next following as the case may be and shall be paid by the purchaser at once at the time of such purchase.1. The Lessee doth to the intent that the burden of the covenants may run with the said land and may bind any permitted assignee thereof hereby covenant with the Lesser as follows:(i)...(ii)...(iii)...(iv)...(v)...(vi) not without the written consent of the Chief Commissioner, Delhi to carry on or permit to be carried ...

Gobind Parshad Jagdish Parshad Vs. Shri Hari Shanker and ors.

Court: Delhi

Reported in: 136(2007)DLT259

Sanjay Kishan Kaul, J.1. The appellant firm filed an eviction petition against the respondents in the year 1972 under Section 14(1)(a) and (b) of the Delhi Rent Control Act, 1958 ( hereinafter to be referred to as, 'the said Act' ) in respect of shops No. H-18 & 19, Gobind Mansion, Connaught Circus, New Delhi. It was stated that the shops had been let out to S/Shri Kundan Lal, Hari Shanker and Gaya Pershad @ Rs. 147.37 per month inclusive of house-tax but apart from water and electricity charges. It was alleged that the said tenants being respondents No. 1 to 3 in the original petition had neither paid nor tendered rent for the period 01.11.1970 to 31.08.1972 despite service of demand notice on them. The tenants were also alleged to have unlawfully sub-let, assigned or parted with possession of different portions of the tenanted premises to original respondents No. 4 & 5, Shri Bishamber Dayal and Shri Sada Nand after 1962 without obtaining the written consent of the landlord. This fact...

Management of Hotel Samrat Vs. Government of Nct and ors.

Court: Delhi

Reported in: [2007(113)FLR395]; (2007)2LLJ950Del

Shiv Narayan Dhingra, J.1. By this judgment, I shall dispose of the above two writ petitions. 2. Briefly, the facts are that the workman claimed that he along with one other workman Sapan Vishwas was working with the management as a Cook with effect from 25.9.1985 on daily wages basis. He was performing the same duty as other regular cooks, but was not being paid equal wages and other benefits of regular employees. Both made representation to the management for regularization but the management did not regularize them hence they raised industrial dispute about their regularization which was referred by the appropriate Government in following terms:Whether the workman S/Shri Hira Singh and Swapan Vishwas are entitled to be regularized and if so, what directions are necessary in this regard3. The management took the stand that the workman Sapan Vishwas was not reporting for duty since 24.12.1989 without any intimation and that he had abandoned the job. The dispute, as raised by the workm...

Talkatora Garden Morning Walkers’ Association and Others Vs. Ndmc ...

Court: Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

J.D. Kapoor, President: 1. This is a complaint filed under Section 12 of the Consumer Protection Act, 1986, by the Talkatora Garden Morning Walkers Association in their capacity as consumers of various services rendered by the opposite party - NDMC in this park. They come from far and near to inhale oxygen but instead they inhale foul smell of stagnant water, stink and stench of heap of garbage that attract birds and stray dogs. In their words, the garden becomes a tiny hell for morning walkers and picnickers. 2. New Delhi Municipal Council (NDMC) is maintaining large number of parks, gardens and stadia in the New Delhi area. Thousands of people frequent these parks as morning walkers, tourists, for picnic purposes. Certain portions of these parks have been earmarked as play field for various outdoor games. It is common knowledge that in this capital city very few places are available for players who aspire to become the future pride of this country and that is why one of such gardens ...

Cce Vs. Kamla Dials and Devices Limited

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2007)9STT140

1. On hearing both the sides particularly on the issue of invocation of the extended period, it appears from the record that there was no allegation made whatsoever of the justification for invoking the extended period, in the show cause notice. It was not even alleged that the violation of rules was done with an intention to evade payment of service tax payable and that there was a justification for invoking the extended period of limitation. It also appears that there is a finding that the services were not rendered in India, which is born out from the material on record. Therefore, there is no warrant for issuing any interim stay of the impugned order. The appeal will now come up for final hearing in its due course....

Megha (Tex) Prints Vs. Commissioner of C. Ex.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

1. Heard both the sides. The appellant filed this appeal against the imposition of penalty of Rs. 22,313/-. The appellants are not challenging the demand of duty as confirmed by the Adjudicating authority. The appellants are engaged in the processing of man made fabrics. The Central Excise officers visited the appellant factory premises on 16-5-2002 and on physical verification which was conducted in the presence of Shri Gyan Chand Dhariwal, partner, it was found that there was shortage of 12,074 Meters of processed man made fabrics. Shri Dhariwal stated that their excise clerk was busy with other work durng the last four five days, therefore, no duty has been paid on 12,074 meters of processed fabrics which was cleared to M/s. K.P. Mills. The duty was paid immediately. Show cause notice was issued for duty as well as imposition of penalty. The adjudicating authority confirmed the demand of Rs. 22,313/- and imposed equal amount of penalty under Section 11AC of the Act. The Commissione...

Mahabir Singh Vs. Union of India (Uoi) Through the

Court: Central Administrative Tribunal CAT Delhi

That the Hon'ble Tribunal may graciously be pleased to pass an order directing the respondents to grant the leave encashment, balance amount of gratuity of the applicant, and balance amount of bonus at an earlier date with interest. That the Hon'ble Tribunal may graciously be pleased to pass an order directing the respondents to re-fix the pension and all other retirement benefits of the applicants on the basis of last basic pay of the Rs. 6350/- PM with all the consequential benefits including the arrears of difference of retirement benefits with interest. That the Hon'ble Tribunal may further graciously be pleased to pass an order directing the respondents to treat the period between 30.1.2000 to 1.4.2003 as on duty for all the purposes without adjusting the earned leave of the applicant and grant all the consequential benefits including the arrears of pay and allowance with interest. Any other relief which the Hon'ble Tribunal deem fit and proper may also be granted to the applican...