Delhi Court October 2007 Judgments

Total Telefilm P. Ltd. Vs. Govt. of Nct of Delhi

Court: Delhi

Reported in: 146(2008)DLT144

S. Ravindra Bhat, J.1. The Petitioner claims various reliefs including the directions to the respondents (herein referred to 'VSNL') to pay amounts for alleged losses incurred by it. A sum of Rs. 2,96,00,000/- (Rupees Two Crores Ninety Six Lacs) in addition to which compensation for 'mental torture' for alleged harassment, quantified at Rs. 01,4,00,000/- (Rupees One Crore Four Lacs) have also been claimed.2. The facts of the case are that the Petitioner entered into a Tripartite Agreement on 23.12.2003 with Respondent-Videsh Sanchar Nigam Ltd. and M/s Shen Public Ltd. In terms of the contract, the Petitioner's channel was to be up-linked by the respondents in Delhi. The Petitioner deposited Rs. 5 lakhs on 5.1.2004 with the VSNL pursuant to terms of the agreement. It is averred on 27.7.2005 the Petitioner applied for permission from the Ministry of Information and Broadcasting for Telecast of channel named 'Total TV'. Permission is alleged to have been granted. The Petitioner applied to...

Lift and Shift India Pvt. Ltd. Vs. Container Corporation of India Ltd.

Court: Delhi

Reported in: 2007(4)ARBLR286(Delhi); 2007(99)DRJ499

Sanjay Kishan Kaul, J.1. The respondent had awarded a contract for road transportation of ISO containers between ICD/SCS, Tughlakabad to Moradabad and Saharanpur vide its letter of 21.06.1993. Clause 17 of the terms and conditions governing the contract contained the arbitration clause. Disputes between the parties were to be referred to the sole arbitration of the Managing Director of the respondent and in case of his unwillingness to act, to the sole arbitration of some other person appointed by the Managing Director.2. Disputes arose between the parties and the managing director appointed Sh. Gauri Shankar as arbitrator vide a letter No. CON/SEC/ARBIT/NATVAR/95/2345 dated 21.12.1995. The disputes pertained to the outstanding dues of the claimant against the respondent. The arbitrator entered upon reference on 17.01.1996 and published the award dated 03.03.1997. The arbitrator has noted that extensions were granted with the consent of parties on four occasions, the last one being aft...

Hind Polymers Vs. Cce

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2008)12STJ56CESTATNew(Delhi)

1. The appellant Company has challenged the order of the Commissioner (Appeals) made on 08.05.2007 upholding the order of the adjudicating authority by which the demand of service tax of Rs. 2,42,423/- was upheld and penalty of like amount imposed under Section 78 of the Finance Act, 1944, besides imposing other penalties.2. The appellant was engaged in the manufacture of sheathing compound and colour master batches, and had received 'Goods Transporter Services' during the period from 16.11.1997 to 02.06.1998, for which freight charges of Rs. 48,48,452/- were paid. The appellant did not furnished returns as contemplated by Section 71-A of the Act read with Rule 7-A within a period of six months from 13.05.2003 and did not deposit the Service Tax as contemplated thereunder. The appellant did not even inform the Department about the freight charges paid prior to 26.02.2004. It was, therefore, held that, the appellant had suppressed the material facts.3. The only contention that was rais...

Virender Kumar Kalia S/O Shri Vs. Commissioner of Police, Joint

Court: Central Administrative Tribunal CAT Delhi

1. Virender Kumar Kalia, Inspector (Executive) in Delhi Police by virtue of this OA, has assailed an order of minor penalty of censure passed on 18.02.2005 as well as the appellate order dated 24.05.2006 whereby the aforesaid penalty has been upheld.2. While working as Traffic Inspector at Indian Gate area on a supervisory duty, the following allegations have been levelled against applicant on which show cause notice dated 19.01.2005 was issued to him: On receipt of news clipping dated 19.10.2004 published in 'Pioneer' captioned 'Is this what you call public-private partnership', an enquiry conducted into the matter by Vigilance Branch revealed that in the Connaught Place area a large number of CC Permit Charted Buses were found operating. Most of these buses were found operating on diesel mode, which cannot ply as charted in Delhi. The permits issued to these were found not valid for journey terminating within the satellite cities. One diesel bus No. DL-1PB-6998 was found plying from...

Essar Steel Limited and anr. Vs. Union of India (Uoi)

Court: Delhi

Reported in: 2007(122)ECC121; 2007(148)LC121(Delhi); 2008(222)ELT161(Del)

Gita Mittal, J.1. By this writ petition the petitioners have laid a challenge to the order dated 27th August, 2003 passed by the Designated Authority in exercise of its powers under Section 14(b) of the Customs Tariff Act, 1995 and Customs Tariff (Identification, Assessment and Collection of Anti Dumping Duty on Dumped Article and for Determination of Injury) Rules, 1995 whereby the Designated Authority in the Directorate of Anti-Dumping in the Ministry of Commerce, New Delhi informed the petitioners of its decision to terminate anti- dumping investigation into imports of Hot rolled coils, Sheets, Plates and Strips originating in or exported from South Africa, Rumania, Venezuela, Saudi Arabia, European Union, Australia, Canada and Singapore.2. Both the petitioners are stated to be engaged in the manufacture and production of steel and steel products. The Steel Authority of India, the petitioner No. 2 has claimed that it produces approximately 50% of India's steel, which has been disput...

Ranbaxy Laboratories Ltd. Vs. Pe-mm Sp. Zo.O and anr.

Court: Delhi

Reported in: LC2007(3)453; 2007(35)PTC865(Del)

Badar Durrez Ahmed, J.1. This suit has been filed against two defendants. Insofar as defendant No. 2 is concerned, the plaintiff has dropped the same from the array of the parties as it is not seeking any relief in respect of defendant No. 2 as indicated in the order dated 20.09.2007. The suit, thereforee, is limited to reliefs claimed against defendant No. 1. By an order dated 06.02.2007, defendant No. 1 was directed to be proceeded against ex parte. And, by the order dated 20.09.2007 this Court directed the plaintiff to file its affidavit by way of ex parte evidence and also the documents which were required to be exhibited. The plaintiff has filed the affidavit of Mr. Rajbeer S Sachdeva, who is the Director (Legal) of the plaintiff company. Documents have also been exhibited and have been marked as Ext. PW1/1 to Ext. PW1/6.2. As per the averments made in the plaint, which have been substantially supported by the affidavit of Mr Rajbeer S Sachdeva, the plaintiff is a public limited c...

Jayana Devi Vs. State of Nct

Court: Delhi

Reported in: I(2008)DMC27

V.B. Gupta, J.1. Petitioner has filed the present application seeking bail under Section 439, Cr.P.C.2. The prosecution case in brief is that deceased Smt. Sunita was married to Ajay Sihag on 19th February, 2006. It is alleged that before marriage, father-in-law of the deceased demanded Rs. 15 lacs from the father of the deceased (who is the complainant in this case). The complainant paid a sum of Rs. 13 lacs at the time of the marriage and later on the husband of the deceased, demanded Scorpio Car and father-in-law of the deceased, used to demand remaining sum of Rs. 2 lacs. One and a half months prior to the incident dated 22nd November, 2006, the deceased was turned out from the matrimonial home. Thereupon, father of the deceased, offered to pay a sum of Rs. 50,000/- to his son-in-law. One day prior to the date of incident, deceased complained to her parents on telephone that her in-laws were demanding and harassing her for Rs. 50,000/- and on 22nd November, 2006, the complainant wa...

Balram Dass (Deceased) Through Lrs and ors. Vs. Union of India (Uoi) T ...

Court: Delhi

Reported in: 150(2008)DLT161; [2008(118)FLR353]; (2008)IIILLJ286Del; 2009(3)SLJ262(Delhi)

Hima Kohli, J.1. The present writ petition is filed by the petitioner workmen challenging the award dated 2.9.1998 passed by the Central Government Industrial Tribunal (hereinafter referred to as 'the Tribunal') by which the respondent/CPWD was directed to pay compensation of Rs. 10,000/- to the four petitioner workmen for the reason that the termination of their services by the respondent/CPWD was held to be bad for non-compliance with the provisions of Section 25G of the Industrial Disputes Act (for short 'the Act'), but it was held that since none of the petitioner workmen had completed 240 days of service in any calendar year, thereforee they were not entitled to reinstatement in service. It is prayed that the said award be set aside and directions be issued to the respondent/CPWD to reinstate the petitioner workmen No. 2 to 4 in service w.e.f. 22.4.1984, with full back wages and continuity of service and grant all monetary and consequential benefits to the legal representatives of...

Charanjit Kaur Nagi Vs. Govt. of N.C.T. of Delhi and ors.

Court: Delhi

Reported in: I(2008)DMC45

S. Ravindra Bhat, J.1. Issue rule. Mr. J.R.Midha, learned Counsel waives notice of rule. With consent of counsel for the parties the matter was heard for disposal.2. The petitioner is aggrieved by the inaction/refusal of the respondent to take cognizance the request to register her marriage with Shri Jaspal Singh.3. The brief facts are that the petitioner claims to have got married with Shri Jaspal Singh on 21.4.1991. It is claimed that the couple then lived together. A son was born out of the wedlock on 9.2.1996. This was duly recorded under the Registration of Births and Deaths Act by the local authority i.e. the Municipal Corporation of Delhi (MCD). The petitioner's husband apparently went to the United States of America and after living there for quite sometime, was issued a green card in 2002. That led later to issuance of a permanent resident status in February, 2004 by Immigration and Naturalisation Service of America. The petitioner applied for an immigration visa. The US Autho...

Shri Rabinder Singh and ors. Vs. the State

Court: Delhi

Reported in: 2008(102)DRJ50

Badar Durrez Ahmed, J.1. This is an application under Section 278 of the Indian Succession Act, 1925 (hereinafter referred to as 'the said Act') for grant of letters of administration in respect of the will (Ex. PW-1/6) of Late Smt Surjit Kaur widow of Late Shri Balwant Singh, who died on 31.03.2000 at New Delhi.2. The will (Ex. PW-1/6) is not contested. It is a registered will and was registered with the Sub-Registrar-III, New Delhi on 25.07.1997. Under the said will, Mr. N.H. Jafri was appointed as the executor. By virtue of Ex. PW-1/2, Mr. N.H. Jafri, who has in the meantime migrated to USA, indicated that since he has migrated to USA for good, it would not be possible for him to execute the will. He also stated that the original will was already with one of the legal heirs, Mr. Rabinder Singh, who may act as an executer in his place if all the legal heirs agreed to do so and / or opt for the same. A letter dated 22.08.2006 was sent by the said Mr. Rabinder Singh to Mr N.H. Jafri re...