Delhi Court November 2007 Judgments

Fourseasons Marketing Pvt. Ltd. Vs. the Indure Ltd.

Court: Delhi

Reported in: [2008]144CompCas556(Delhi); 2007(99)DRJ589

Mukundakam Sharma, C.J.1. This appeal is directed against the order dated 17th December, 2004 passed by the learned Company Judge dismissing the Company Petition filed by the appellant herein under Sections 433, 434 and 439 of the Companies Act on the allegation that an amount of Rs.18,75,000/- is due and payable from the respondent company, which has not been paid despite service of notice. 2. The aforesaid petition was filed before the learned Company Judge praying for winding up of the respondent company on the ground that it is indebted to the appellant and is unable to pay the debt. 3. The respondent entered appearance and contested the aforesaid petition on merits and that the claim of the appellant was barred by limitation. 4. In view of the aforesaid pleas raised, the learned Company Judge made reference to the correspondence exchanged between the parties and several decisions to hold that the claim made in the winding up petition was barred by limitation. It was observed by th...

Arham Spinning Mills Vs. Cce

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2008)12STJ281CESTATNew(Delhi)

1. After hearing both sides and taking note of the fact that, on a similar issue, a Division Bench of this Tribunal has given benefit of the explanation to Rule 2(p) of the Cenvat Credit Rules, 2004 in India Cement Ltd. v. CCE reported in 2007 (80) RLT 719, it would not be possible to take the view that the explanation was applicable in cases where no taxable service is provided nor any manufacturing activity is done, as would appear from the wordings of the explanation, as submitted by the learned authorised representative for the Department.2. Since the appellant has made out a, prima facie, case, there shall be waiver of pre-deposit of the tax and penalty payable under the impugned order during the hearing of this appeal. The application is accordingly allowed. The appeal will come up for final hearing in its due course....

Ex. Constable Nagraj S/O Sh. Vs. Union of India (Uoi) Through Its

Court: Central Administrative Tribunal CAT Delhi

1. The Original Application had been disposed of, on 22.09.2006 by the Full Bench, ultimately rejecting the application. The files would indicate that when a Division Bench earlier had heard the matter, faced with conflicting opinions, a specific issue had been referred for consideration by a Full Bench, as extracted hereinbelow: Which authority would be competent under the Delhi Police (Punishment and Appeal) Rules, 1980, to initiate disciplinary action against a police officer who has been transferred and relieved from a post/station but has not joined on the new post/station, and disciplinary action has to be initiated during his interregnum period? 2. The Full Bench, as could be seen from Paragraph 13 of the order dated 22.09.2006 had answered the issue, as hereinunder: In the result, we agree with the view taken by the Division Bench of this Tribunal in Kumar Pal's case (supra).3. In effect, it had been held that the transferee authority under whom an employee has been working at...

Shri B.D.S. Kharab, Group 'A' Irs Vs. Union Of India (Uoi) Through

Court: Central Administrative Tribunal CAT Delhi

1. By this O.A, applicant has challenged order dated 25th June, 2007, whereby he has been transferred from Delhi to Ahmedabad (page 18 at serial No. 12). It is stated by the counsel for applicant that applicant is an orthopedically handicapped person with 55% disability, which is evident from page 34 of the OA. It is also stated by the applicant that for the last over 22 years he had been kept in Delhi or areas around Delhi looking at his disability. Now he is left with only 7 years of service. Since he had completed his tenure in Delhi, he had given a representation dated 28.2.2007 wherein he had referred to a judgment given by the Hon'ble High Court of Delhi and requested to look at the extreme compassionate and humanitarian grounds and he may be allowed to continue in Delhi (page-28). However, since no reply was given, he had no option but to file the present O.A. Counsel for applicant relied on OMs dated 15.2.1988, 10.5.1990 and 13.3.1002 (pages 21, 22and 23).2. Respondents, on th...

Mecon Limited Vs. Pioneer Fabricators (P) Ltd.

Court: Delhi

Reported in: 2007(4)ARBLR323(Delhi); 2008(100)DRJ112

Sanjay Kishan Kaul, J.1. A Work Order was issued by the petitioner to the respondent dated 31.05.2000 for construction of five retail outlets of the Indian Oil Corporation located at five places viz. Faridpur, Kesarpur & Transport Nagar (T.P. Nagar) in the District Bareilley and Bankatara and Gulamkhera, both in the District of Shahjahanpur in the State of Uttar Pradesh. The letter of award/the agreement was executed on 13.06.2000 and the scheduled date of completion stipulated was eighty days. Handing over of the sites took place in phases. Four sites were handed over on 06.06.2000 and thus the date of completion was 25.08.2000 while one site was handed over on 12.07.2000, consequently having the completion date of 30.09.2000. Apart from the agreement which provided for the relevant BOQ items, there was a provision for non BOQ items agreed to between the parties as per the terms of the contract. There was delay in the execution of the contract as is apparent from the fact that the wor...

State Vs. Jitender Garg and ors.

Court: Delhi

Reported in: 2008CriLJ1574; 2008(100)DRJ308

Reva Khetrapal, J.1. The State seeks leave to appeal against the judgment dated 30th July, 2005 of acquittal passed by the Court of the learned Addl. Sessions Judge in case F.I.R. No. 215/2000, under Sections 498A/304B/302 IPC, Police Station Shakarpur, Delhi.2. The facts in a nutshell are that four accused persons, namely, Jitender Garg (husband of the deceased), Mr. Rajinder Kumar Gupta (nandoi of the deceased), Ms. Kusum (nanad of the deceased) and Pawan Kumar (jeth of the deceased) were charge-sheeted for the offence of having caused the death of Smt. Rajni, the wife of Jitender Garg. It is not in dispute that Rajni died by strangulating herself with a 'chunni' after bolting the door of her room from the inside. Her MLC Ex.PW-2/A prepared by Dr. Anant Kumar in Walia Nursing Home shows that a ligature mark was found around her neck, but no other external injury or mark was seen. The postmortem report further confirms the finding of the ligature mark on the neck and the fact that no ...

Pawan Sharma Vs. Union of India (Uoi)

Court: Delhi

Reported in: 2008(100)DRJ594

T.S. Thakur, J.1. Thirty years after respondent No. 4 was appointed as a Grade-II, Obstetric & Gynecology Specialist in the Central Government Health Services, the petitioner, who on his own showing is a political activist has sought quashing of the said appointment in public interest. According to the petitioner, the appointment which was made as early as in the year 1979 was illegal inasmuch as respondent No. 4 who was not born as a scheduled caste claimed to have acquired that status by her marriage to respondent No. 5 - admittedly a scheduled caste. The petitioner further alleges that since the appointment of respondent No. 4 was illegal and at any rate irregular, once she assumed office as a specialist expert in what is described as contract award committee constituted to purchase Single and Double Puncture Laparoscopes, she paid back the debt of gratitude by approving certain supplies which the earlier expert from the Committee had held to be unacceptable. The petitioner in that ...

Council of Scientific and Industrial Research Vs. S.N. Rai

Court: Delhi

Reported in: 2007(99)DRJ710

S. Muralidhar, J.1. The Council of Scientific and Industrial Research ( CSIR ) has filed this writ petition under Articles 226 and 227 of the Constitution of India seeking the setting aside of a judgment dated 13th March, 2003 of the Central Administrative Tribunal, Principal Bench, New Delhi ( Tribunal ) in O.A. No. 1829 of 2001. By the impugned judgment, the Tribunal allowed the application filed by the Respondent and quashed the orders dated 1st/5th September, 2000 and 28th February, 2001 issued by the CSIR declining the request of the Respondent for counting the past service rendered by him in the Food Corporation of India ( FCI ) and National Coal Development Corporation ( NCDC ) (which is at present Coal India Ltd.) prior to his absorption in the CSIR, for the purpose of calculating pensionary benefits.2. The Respondent joined the service of NCDC on 2nd March, 1963. Thereafter, with effect from 7th October, 1966 he joined the FCI as Accounts Assistant. He was promoted as Assistan...

Lt. Gen. C.K. Kapur (Retd.) and ors. Vs. Guruji Ka Ashram and ors.

Court: Delhi

Reported in: 146(2008)DLT300; 2008(100)DRJ180

Anil Kumar, J.IA No. 9232/2007 in CS(OS) No. 1478/20071. This is an application by the plaintiffs under Section 92 of the Code of the Civil Procedure seeking leave to institute the present suit under Section 92 of the Code of Civil Procedure praying inter alias a declaration that appointment of defendant No. 3 by the defendant No. 2 as an additional trustee of defendant No. 1 'Guru Ka Ashram Trust' is bad and non est being in contravention to the terms and conditions of trust deed dated 14th May, 1999 and first (amended) trust dated 11th January, 2007; to remove defendant No. 3 as an additional trustee; a declaration that defendant Nos. 2 and 3 or their nominee/agents, attorneys from taking any decision in respect to the expenditure of trust funds of the defendant No. 1/Trust and to approve the draft scheme for running the affairs of the defendant No. 1/Trust and to direct the Advisory Committee of defendant No. 1/Trust to continue to oversee and administer the legal and financial admi...

Jagdish Lal Bhatia and ors. Vs. Madan Lal Bhatia and anr.

Court: Delhi

Reported in: 2008(100)DRJ98

Pradeep Nandrajog, J.1. This appeal is directed against the order dated 21.10.03 passed by the learned Additional District Judge, Delhi whereby petition filed by the respondent under Section 276 of the Indian Succession Act, 1925 was allowed and letters of administration were granted in favor of the respondent in respect of the will dated 6.2.1985 executed by Late Smt. Ram Lubhai.2. Late Smt. Ram Lubhai (hereinafter referred to as the deceased) had 5 sons namely, Shri Chand Bhatia, Kishan Chand Bhatia, Madan Lal Bhatia, Jagdish Lal Bhatia and Kundan Lal Bhatia and one daughter, Rawail Kumari. Deceased died on 4.3.1994. Three sons (Shri Chand, Kishan Chand, Kundan Lal) had pre-deceased her. Thus, at the time of her death, deceased was survived by her two sons Madan Lal and Jagdish, daughter Rawail Kumari and the legal heirs of her other three pre-deceased sons. Deceased was the owner of the property bearing Municipal No. 26/67 West Patel Nagar, New Delhi and other movable properties suc...