Delhi Court February 2007 Judgments
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Siya Ram Textile Pvt. Ltd. and Shri Vs. Cce
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Feb-13-2007
Reported in: (2007)(120)ECC296
1. The relevant facts of the case, in brief, are that the appellants are engaged in the manufacture of shoddy yarn classifiable under heading No. 5106 of First Schedule to Central Excise Tariff Act, 1985 and availing SSI exemption. On 27.11.1998, the central excise preventive officers intercepted a cart loaded with shoddy yarn outside the factory of the appellant. Shri Naveen Bhalla, Director of the appellant company and appellant No. 2 herein, in his statement, admitted the clandestine removal of the goods which were duly seized by the said officers. The central excise officers also verified the records and documents of the appellant company. They admitted that in order to keep their sale value below Rs. 50 lakhs as per exemption limit under SSI exemption, they were clearing the goods clandestinely.A show cause notice was issued proposing demand of duty of Rs. 2,71,066/- and confiscation of seized goods and imposition of penalty.The adjudicating authority confirmed the demand of duty...
N. Mohammad, Jag Danics Project Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Delhi
Decided on: Feb-13-2007
Reported in: (2007)(3)SLJ1CAT
1. Applicant an ad hoc Junior Administrative Grade (JAG) Officer of DANICS vide this O.A. has assailed a Presidential order dated 31.8.2005 wherein concurring with the advice of UPSC in pursuance of disciplinary proceeding under Rule 14 of CCS (CCA) Rules, 1965 (hereinafter referred to "1965 Rules"), a major penalty of compulsory retirement has been imposed upon him.2. Brief factual matrix of the case transpires that the applicant, who initially joined service with respondents as Tehsildar in 1972, vide notification dated 30.8.1994, was appointed to officiate as a Selection Grade Officer w.e.f. 17.5.1993 and was appointed on ad hoc basis as JAG for a period of six months. Applicant owned property bearing Survey No.72 at Port Blair, which was earlier in the name of his father, who died in 1979. The aforesaid property was mutated jointly in the name of his wife and sons. The ground floor was rented, which goes to the mother of the applicant. The remaining rent was being received by his ...
Vishnu Dutt Sharma Vs. Union of India (Uoi) and ors.
Court: Delhi
Decided on: Feb-13-2007
Reported in: 138(2007)DLT615
J.P. Singh, J.1. In this petition under Article 226 of the Constitution of India it is prayed that Notification No. F.9(18).60/LandB dated 25.11.1980, the Declaration under Section 6 of the Land Acquisition Act (hereinafter referred to as the 'Act') dated 27.5.1985 and the award No. 14/87-88 in respect of the land measuring 76 bighas 10 bids was situated in village Satbari, Tehsil Mehrauli, Delhi (hereinafter referred to as the 'said land') be 'quashed and the respondents be directed to restore the possession and the ownership of the said land in the revenue records, by making necessary corrections, in the revenue records. Section 6 of the Act reads as under:Section 6 'Declaration that land is required for a public purpose. - (1) Subject to the provisions of Part VII of this Act, when the Appropriate Government is satisfied after considering the report, if any, made under Section 5A, Sub-section (2), that any particular land is needed for a public purpose, or for a company, a declarati...
Ram Bhawan and ors. Vs. N.D.M.C.
Court: Delhi
Decided on: Feb-13-2007
Reported in: 140(2007)DLT392
Rekha Sharma, J.1. The short question which arises for consideration in this writ petition is whether the petitioners/workmen, namely, Ram Bhawan, Mam Chand and Nanehey Lal who joined the N.D.M.C. in 1984 as daily wage beldars and were later regularised as beldars with effect from 1st April, 1997 are entitled to be regularised with effect from the date of their initial appointment and further whether they are entitled to be paid wages as were being paid to the regular beldars on the principle of 'equal pay for equal work'. 2. It is not disputed that the petitioners were appointed as beldars on daily-wage-basis and they continued to work in that capacity for 6-7 years till they raised an industrial dispute in the year 1990 seeking their regularisation as beldars from the date of their initial appointment. The dispute was referred to the Industrial Tribunal - II, Karkardooma Courts, Delhi. The reference made was to the following effect: Whether the workmen mentioned in the Annexure 'A' a...
Smt. Kusum Jugran Vs. Union of India (Uoi) and anr.
Court: Delhi
Decided on: Feb-13-2007
Reported in: 138(2007)DLT113
Mukundakam Sharma, C.J.CM No. 10444/2006 (delay)1. For the reasons stated in the application, the application is allowed. Delay in filing the appeal stands condoned. The appeal is taken on record.The application stands disposed of in terms of the aforesaid order.LPA No. 1713/20061. This appeal is directed against the judgment and order passed by the learned Single Judge dismissing the writ petition filed by the appellant herein. The appellant filed the writ petition seeking an order that she should be given a compassionate appointment by the respondents. The aforesaid prayer was rejected by the learned Single Judge as against which the present appeal is filed.2. We have heard the learned Counsel appearing for the parties and have gone through the records. In order to appreciate the contentions made, background facts are required to be narrated at this stage. 3. The husband of the appellant was working as Deputy Sports Manager with the respondent No. 2 in its Bongaigaon Refinery Office ...
Dalbir Singh Vs. Land Acquisition Collector and ors.
Court: Delhi
Decided on: Feb-13-2007
Reported in: 2007(95)DRJ204
J.P. Singh, J.1. In this writ petition under Article 226 of the Constitution of India the following prayers have been made:1. Certiorari to quash Award No. 15/87-88 and all notifications under Section 4 & 6 in respect of the land comprised in khasra Nos.576 (3-12), 577 (5-2) and 585/2 (4-9) totally admeasuring 13 bighas and 3 biswas, situated within the revenue estate of Village Chattarpur, Tehsil Mehrauli in the Union Territory of Delhi, in possession of the Petitioner;2. Mandamus directing respondent not to, in any manner whatsoever, interfere with peaceful enjoyment and possession and user of the land in Khasra Nos. 576 (3-12), 577 (5-2) and 585/2 (4-9) totally admeasuring 13 bighas and 3 biswas, situated within the revenue estate of Village Chattarpur, Tehsil Mehrauli in the Union Territory of Delhi, presently in possession of the Petitioner;3. And declaration that Award No. 15/87-88 made by respondent No. 1 in respect of petitioner's land in village Chattarpur, is made malafide, a...
Krishan Kumar Vs. Management of Delhi Public School
Court: Delhi
Decided on: Feb-13-2007
Reported in: 138(2007)DLT87; 2007(95)DRJ182
Hima Kohli, J.1. In this writ petition, the petitioner has assailed the order dated 25.9.1990, issued by respondent No. 1, to the petitioner, stopping the monthly salary of the petitioner w.e.f. 10.9.1990, as also the order dated 13.2.1992, issued by respondent No. 3/ Delhi School Tribunal, rejecting the appeal of the petitioner filed under Section 8 of the Delhi School Education Act, 1973 (hereinafter referred to as `the Act').2. The brief facts relevant for deciding the present case are that the petitioner was appointed by respondent No. 1 school as a bus Driver w.e.f. 01.12.1983, for a period of six months in terms of the letter of appointment dated 01.12.1983. On completion of services of one year, vide letter dated 19.12.1984, the petitioner was appointed on probation for further period of six months w.e.f. 01.12.1984. It is stated by the petitioner that he continued in service till the year 1990, when he was served with a copy of the circular dated 25.9.1990, issued by the Princi...
Anuj Trading Co. Vs. Electrolux Kelvinator Ltd.
Court: Delhi
Decided on: Feb-13-2007
Reported in: II(2007)BC107; 138(2007)DLT95
Mukundakam Sharma, C.J.1. The present appeal has been preferred by the appellant / plaintiff being aggrieved by the order dated 9th September, 2005 whereby the interim applications is No. 6912/2003 and 2098/2005 were disposed of holding that prayer (a) and (b) of is No. 6912/2003 cannot be granted at the present stage because the appellant is yet to prove that he had handed over 16 cheques to the defendant / respondent and that cheque No. 804340 has been forged later on by inserting figures therein. It was also held that prayer (c) also cannot be granted. Consequently, both the aforesaid applications were disposed of by the aforesaid order.2. In the suit it was pleaded by the appellant that it was appointed as the sole distributor by the respondent / defendant by agreement dated September, 1999. It could not be disputed that a settlement took place between the parties in respect of the account for the period September, 1999 to 24.11.2001, which envisaged that the appellant / plaintiff ...
State (Delhi Admn.) Vs. Naresh Chand and ors.
Court: Delhi
Decided on: Feb-13-2007
Reported in: 139(2007)DLT183; 2007(94)DRJ453
Shiv Narayan Dhingra, J.1. Since similar question has arisen in these five appeals, they are being disposed of together. 2. In all above cases, the Food Inspector( in short 'the FI') had drawn sample of ice-cream/kulfi from the respondents' shop by taking several sticks/cups/pieces of bricks of ice cream together and putting them in a Patila (a metallic utensil) and allowing them to melt in the Patila. He then stirred the entire mass with the spoon and filled up the melted ice cream into three bottles and added preservative in each bottle at room temperature. The learned Trial Court found that the procedure adopted by the FI for taking samples of the ice cream was defective resulting into the samples not being representative of the material being sold. In the opinion of the learned Trial Court the proper method of taking sample would have been to put sticks/cup/pieces of bricks of ice cream and kulfi directly into the bottle, then allowing it to melt inside the bottle at room temperatu...
Shri Zameer Ahmed Vs. the Appellate Authority, Under Payment of Gratui ...
Court: Delhi
Decided on: Feb-13-2007
Reported in: 140(2007)DLT167; 2007(95)DRJ90; [2007(114)FLR1007]; (2007)IIILLJ103Del
Hima Kohli, J.1. The present petition has been filed by the petitioner workman, being aggrieved by the order dated 27th June, 1996 passed by the Appellate Authority under Payment of Gratuity Act, 1972, whereby the order dated 18th February, 1994 passed by the Controlling Authority to the effect that respondent No. 2 herein was not covered/ coverable under the Payment of Gratuity Act and as such the petitioner employee (appellant therein) was not entitled to claim any gratuity, was approved and confirmed.2. Briefly stated, the facts necessary for disposal of the present petition are as follows. The petitioner was appointed as a tailor with the management of M/s. Jagdish Sons, respondent No. 2 herein, in February, 1962. The petitioner resigned from service w.e.f. 4th July, 1988 after working for 26 years with the respondent No. 2. On not being paid any gratuity, the petitioner approached the Controlling Authority under Payment of Gratuity Act, 1972 (hereinafter referred to as `the Act') ...
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