Delhi Court December 2007 Judgments
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Ex. Commodore Narinder M. Pandit Vs. Union of India (Uoi) and ors.
Court: Delhi
Decided on: Dec-14-2007
Reported in: 147(2008)DLT74; 2008(100)DRJ735; 2008(3)SLJ363(Delhi)
Vikramajit Sen, J. 1. The following Chargesheet was issued to the Petitioner:Enclosure 1(Refers to Commanding OfficerIndian Naval Ship Angre's LetterCM/203/602 19K/1 dated 09 Oct 03)CHARGE SHEET1. The accused, Commodore Narindra Mohan Munshiram Pandit (60219-K) Indian Navy, then belonging to Indian Naval Ship India Additional for duties as Director Clothing and Victualling, Naval Headquarters, thereafter transferred to Indian Naval Ship Angre Additional for duties as Material Superintendent, Material Organisation, Mumbai, and presently attached in terms of Navy instruction 95/69 as Indian Naval Ship Angre Additional for duties as Officer on Special Duty to Admiral Superintendent Naval Dockyard, Mumbai, being a person subject to naval law, is charged for that he:(1) Did on 18th Jul 2002 knowingly make a fraudulent statement in a document, namely Temporary Duty Claim CG/3224/NM dated 18th Jul 02, for visit from Delhi to Mumbai and Halol and back to Delhi from AM 04 Jul 02 to PM 07 Jul 02...
Court on Its Own Motion Vs. State
Court: Delhi
Decided on: Dec-14-2007
Reported in: 146(2008)DLT429; 2008(100)DRJ144
Mukundakam Sharma, C.J.1. In today's age and world, the impact of media is far reaching. Electronic media as compared to print media has an added advantage because visuals have greater ramification and impact as it directly and immediately influences the mind of the viewer. With the growth of the number of News Channels and increasing popularity of 'breaking news', electronic media has come to play a major role in stirring public opinion and consciousness. It is this potency to reach the public that entails that all the channels understand and realise the heavy responsibility that is thrust on them and that there is no case for possible misuse. Keeping in mind the role a responsible media can play in disseminating information and creating awareness among masses without crossing the limits that a civilised society would expect, we proceed to dispose of the present writ petition.2. We came across a news item reported in the daily edition of Hindustan Times dated 7th September, 2007 in re...
Star India P. Ltd. Vs. Life Style Communication P. Ltd.
Court: Delhi
Decided on: Dec-14-2007
Reported in: 146(2008)DLT230
S. Ravindra Bhat, J.1. The Petitioner, in these writ proceedings, challenges an order of the Telecom Disputes Reddresal Settlement Tribunal (hereafter 'TDSAT') dated 6th December, 2007.2. The petitioner engaged itself in the business of supplying signals of STAR bouquets of channels to the various cable operators based on subscription agreements. The Respondent is cable service provider called M/s. Life Style Communication Pvt. Ltd., it is a company incorporated under the Companies Act, 1956 having its office at Hyderabad. An agreement was executed between the Petitioner and Respondent for supply of signals, which was valid from 1st January 2006 to 31st December 2006. In terms of the agreement, the Respondent was required to pay the Petitioner Rs. 3, 82,537.50/- per month as subscription among for 9375 subscribers.3. The Petitioner avers that it wrote to the Respondent on 16th February to renew the agreement for the year 2007, since the agreement for 2006 had lapsed. It is alleged that...
Ravinder Singh Vs. Govt. of Nct of Delhi
Court: Delhi
Decided on: Dec-14-2007
Reported in: 146(2008)DLT392; 2008(101)DRJ61
G.S. Sistani, J.1. The appellant has filed the present appeal against the judgment and order dated 16.11.2004 and 20.11.2004 of the Additional Sessions Judge thereby holding the appellant guilty for the offence punishable under Section 302 of the Indian Penal Code and awarded sentence of life imprisonment with fine of Rs. 5000/- and in default of payment of fine to further undergo simple imprisonment for six months.2. The appellant-accused was tried for having murdered his wife. On receipt of information pertaining to the commission of murder at Sangam Vihar information was recorded vide DD No. 7A on 29.7.2002 at Police Station Sangam Vihar. The investigation of this case was handed over to SI Manoj Kumar. On receipt of this information that in gali No. 27 Samgam Vihar a murder had taken place, the Investigating Officer reached the spot and found a dead body of a woman lying in the room of the house. The dead body was of the wife of Ravinder Singh, the accused (the appellant herein). R...
Daya Sapra Vs. Vishnu Dutt Sharma
Court: Delhi
Decided on: Dec-14-2007
Reported in: 2008(100)DRJ578
Pradeep Nandrajog, J.1. An interesting question of law arises for consideration in the instant petition. It concerns the inherent power which a court of justice must possess to prevent misuse of its procedures in relation to an action initiation whereof may apparently be not inconsistent with the literal application of the law but otherwise would be manifestly unjust and unfair to the defendant amounting to an abuse of the process of law. In turn the question encompasses the scope of the principle of rest judicata: Is Section 11 of the Code of Civil Procedure 1908 exhaustive of the sweep of rest judicata' How is the principle of rest judicata impacted by Sections 40 to 43 of the Indian Evidence Act 1872' Do the inherent powers of the court permit it to stifle a suit, cause whereof was an essential part of a prosecution for an offence under Section 138 of the Negotiable Instruments Act 1881 in particular when the suit is sought to be litigated with the same quality and quantity of evide...
Shri Darshan Kumar Sahni Vs. Union of India (Uoi)
Court: Delhi
Decided on: Dec-14-2007
Reported in: 150(2008)DLT427; 2008(103)DRJ444
Vipin Sanghi, J.1. This writ petition, under Article 226 of the Constitution of India had earlier been disposed off by this Court on 19th of January 2001, whereby this Court had allowed the writ petition by directing that for the purpose of calculating his pensionary and other settlement dues, the last drawn pay of the petitioner be taken as Rs 2450, which was the pay he was actually drawing while on deputation with CRIS (Centre for Railways Information System), and wherefrom he took voluntary retirement from the Railways on 30.11.1993 and got permanently absorbed in CRIS on 1.12.1993. The Court had further observed that the relief was being granted in the facts and circumstances of the present case and that it would not constitute a precedent. The respondent Union of India challenged the aforesaid decision before the Supreme Court of India. Civil Appeal No. 7201 of 2002 preferred by the Union of India was allowed by the Supreme Court by the following order:The appellant is before us i...
Dr. Nidhi Bhatnagar and anr. Vs. Citi Bank N.A. and ors.
Court: Delhi
Decided on: Dec-14-2007
Reported in: 147(2008)DLT349
ORDERShiv Narayan Dhingra, J.1. By this order I shall dispose of an application under Order 7 Rule 11 CPC filed by the defendants for rejection of the plaint of the plaintiffs on the ground that the plaint does not disclose any cause of action and the suit filed by the plaintiffs was barred by law.2. A perusal of plaint, filed by the plaintiffs would show that the plaintiffs are husband and wife, doctors by profession and were credit card holders of defendant No. 1 bank. Plaintiffs filed this suit claiming that the defendants were adopting discriminating credit card policy towards Indian citizens. The policy of defendant bank in case of credit card towards US citizens was of 'zero liability' against misuse/unauthorized use while for UK citizens, the liability was restricted to 50 Sterling Pounds in case of misuse/unauthorized use but in India the policy was that credit card member would not be liable for any misuse after the card member had intimated the Citibank that the card has been...
Rakesh Saraha Vs. State Through Cbi
Court: Delhi
Decided on: Dec-14-2007
Reported in: 146(2008)DLT159
B.N. Chaturvedi, J.1. The appellants were tried and punished for offences under Sections 120B IPC read with Sections 364A/365/368/324 and 506 IPC, under Section 364A IPC read with Section 120B IPC, under Section 365 IPC read with Section 120B IPC, under Section 368 IPC read with Section 120B IPC, under Section 324 IPC read with Section 120B IPC and under Section 506 IPC read with Section 120B IPC by a common judgment dated 18th March, 2005 passed by the court of learned Addl. Sessions Judge, Delhi and were sentenced by an order dated 19th March, 2005 on the aforesaid charges, as under:(a) under Section 120B IPC read with Section 364A/365/368/324/506 IPC imprisonment for life and a fine of Rs. 500/- each in default of payment of fine further RI for three months each;(b) under Section 364A IPC read with Section 120B IPC ' imprisonment for life and a fine of Rs. 500/- each in default of payment of fine further RI for three months each;(c) under Section 365 IPC read with Section 120B IPC '...
Gurdayal Kohli Vs. State (Govt. of Nct of Delhi)
Court: Delhi
Decided on: Dec-14-2007
Reported in: I(2008)DMC291
ORDERShiv Narayan Dhingra, J.Crl. M.B. No. 991/20061. This application under Section 389, Cr.P.C. read with Section 482, Cr.P.C, has been preferred by the appellant for suspension of sentence and for grant of bail during pendency of the instant appeal. The appellant was convicted by the learned trial Court to undergo rigorous imprisonment for a term of 10 years under Section 304B, IPC and also to undergo rigorous imprisonment for a terms of 3 years and fine of Rs. 5000/- under Section 498A of IPC.2. The appellant was married to the deceased on 10th December, 1993. The deceased died out of burning on 8th August, 1999. The testimony of parents of the deceased, given during trial and to the SDM, would show that the deceased was being harassed by her mother-in-law and devar on account of dowry. However, the deceased had also made a statement to the Investigating Officer, in the hospital, after doctor had opined her fit to make statement, that she caught fire accidentally and her husband ha...
Cce Vs. Ess Ess Kay Engg. Co. Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Dec-13-2007
Reported in: (2008)13STJ11CESTATNew(Delhi)
1. The Revenue filed this appeal against the impugned order of the Commissioner (Appeals) whereby imposition of penalty under Section 76 and 77 is set aside and period of payment of interest is modified.2. Ld. DR on behalf of the Revenue submits that Notification No.4/03-ST dt. 14.5.03 directed to pay the tax on Goods Transport Operator for the period 16.11.97 to 2.6.98 and shall furnish a return within a period of six months from 14.5.03 failing which the interest and penal consequences as provided in the Act shall follow. He submits that in this case, the respondent paid tax on 29.10.04. So, the adjudicating authority rightly demanded interest from the date of notification to actual date of payment and also imposed penalty as provided in the notification. He submits that notification clearly stipulates penal consequences and therefore, Section 80 of Finance Act, 1994 cannot be invoked.3. Ld. Advocate on behalf of the respondent submits that the tax liability is in dispute and the Tr...
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