Delhi Court February 2007 Judgments
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Har Devi Vs. Union of India (Uoi) and ors.
Court: Delhi
Decided on: Feb-28-2007
Reported in: 140(2007)DLT639
Badar Durrez Ahmed, J.CM No. 2723/2007 in WP (C) 1012/20071. This is an application for restoration of the writ petition which was dismissed for non-prosecution.After hearing the counsel for the parties, this application stands allowed. The writ petition shall be taken up for disposal today itself.WP (C) 1012/20071. On 07.02.2007 when this matter came up for the first time, the learned Counsel for the petitioner questioned the authority of Mr Nitin Wakankar to continue as the Estate Officer in respect of the premises, inter alia, comprised in President's Estate in New Delhi. He had submitted that in view of Section 3 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as the said Act) the power to appoint an Estate Officer vests with the Central Government. Section 3 of the said Act reads as under:3. Appointment of Estate Officers.- The Central Government may, by notification in the Official Gazette,-(a) appoint such persons, being Gazetted Of...
Roshan Lal and ors. Vs. D.T.C.
Court: Delhi
Decided on: Feb-28-2007
Reported in: 140(2007)DLT49
Hima Kohli, J.1. The petitioners herein have preferred the present writ petition seeking inter alia, directions to the respondent/DTC to pay interest on the pensionary benefits @ 12% compounded annually as the same were released to the petitioners belatedly without any justification. 2. A quick glance at the facts of the case reveals that the petitioners were employed with the respondent/DTC on the post of Traffic Supervisors and Conductors and after their retirement, they were entitled for payment of the pensionary benefits. However, the respondent/DTC withheld the pensionary benefits of the petitioners for a period ranging from one year to two years in the case of six petitioners and over 10 years in the case of petitioner No. 7. The details of the petitioners, the date of their retirement, the date of releasing of the pensionary benefits as also the delay that occurred in the payment of the pensionary benefits by the respondent/DTC, as furnished by the petitioners, is reproduced bel...
Kamlesh Bhardwaj Vs. D.T.C.
Court: Delhi
Decided on: Feb-28-2007
Reported in: 140(2007)DLT387
Hima Kohli, J.1. With the consent of counsels for the parties, the writ petition is taken up for final hearing and disposal.2. By way of the present writ petition, the petitioner has sought directions to the respondent to extend the benefit of the pension policy dated 27th November, 1992 to the petitioner on the terms and conditions contained therein and further directions for payment of arrears of pension and family pension with interest thereon, to the petitioner.3. The brief facts material for deciding the present writ petition are that the respondent vide Office Order dated 27th November, 1992, introduced a pension scheme for its employees retiring on or after 3rd August, 1981 on the same pattern as the scheme for the Central Government employees. As per the said scheme, option for payment was to be exercised within 30 days from the date of issue of the said Office Order. Public notice to this effect was published by the respondent in the newspapers. However, for various reasons, t...
Shiv Kumar Gupta Vs. Kumkum Gupta and ors.
Court: Delhi
Decided on: Feb-28-2007
Reported in: (2007)146PLR50
Sanjay Kishan Kaul, J.1. The application seeking condensation of delay in filing the written statement is not opposed by learned Counsel for the plaintiff and is accordingly allowed.I.A. No. 8407 of 2006 (Order VII, Rule 11. CPC) in C.S. (OS) No. 1137 of 2005:2. The plaintiff has filed a suit for specific performance of the Agreement to Sell dated 13.4.1992 in respect of the immovable property of land measuring 1960 sq.yds. out of the total area of 2390 sq.yds. forming part of Khasra No. 577 situated in the revenue estate of Village Sultanpur Majra, New Delhi. The rate agreed upon as per the Agreement to Sell was Rs. 2,700/- per sq. yd. and the total consideration was, thus, Rs. 52,92,000/- and the earnest money of Rs. 6,00,0G0/- was paid in cash on 6.4.1992 prior to execution of the Agreement to Sell. It is stated that on 20.11.1992, defendant No. 1 sold and transferred a portion of the land agreed to be sold measuring 737.7 sq. yds. It is further alleged that defendant No. 1 received...
Vijay Pal Singh Vs. N.D.M.C.
Court: Delhi
Decided on: Feb-27-2007
Reported in: 140(2007)DLT145
Hima Kohli, J.1. The petitioner has assailed the Award dated 7th April, 2004 passed by the Presiding Officer, Industrial Tribunal in ID No. 143/2001 holding that the petitioner workman was not entitled to any relief of reinstatement and regularization.2. It would be appropriate to narrate the facts in brief:The petitioner workman was employed as a muster roll employee with the respondent NDMC with effect from 1st June 1983. He worked on the said post till 19th June, 1993 and his services were terminated on 20th June, 1993 on the ground that he was implicated in a case of stealing sprinkling valves. Charges were framed under Sections 379/411 of the Indian Penal Code and the said case was decided on 6th August, 1994 whereunder the petitioner workman was convicted. However, the petitioner workman was released on probation on 8th August, 1994. The petitioner workman made several representations to the respondent NDMC for taking him back into service, both before and after his release. In r...
Gene Pharma Vs. Union of India (Uoi)
Court: Delhi
Decided on: Feb-27-2007
Reported in: 2008(229)ELT650(Del)
ORDER1. The Petitioner has assailed the Orders of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) dictated and pronounced in open Court on 27-12-2006. The Tribunal had been approached by way of an Appeal against the Order-in-Original dated 21-4-2006 passed by the Commissioner, Central Excise; the Order is a detailed one where contentions have been discussed threadbare. The Commissioner inter alias had confirmed Central Excise Duty amounting to Rs. 2,21,71,986/-; penalty of Rs. 1,10,85,993/- on each of the two partners of M/s. Gene Pharma in respect of clandestine clearances; penalty of Rs. 2,00,00,000/- on Mr. Anil Bhargava, CMD Paam Pharmaceuticals; imposition of penalty of Rs. 2,00,00,000/- on Mr. Arvind Bhargava, Director, Paam Pharmaceuticals; penalty of Rs. 50,00,000/- on proprietor Swastic Trading Company; confiscation of finished goods valued at Rs. 30,12,503/- etc. The Writ Petition has been filed by M/s. Gene Pharmaceuticals whose partners are Smt. Nisha Bharga...
Kanungo Media (P) Ltd. Vs. Rgv Film Factory and ors.
Court: Delhi
Decided on: Feb-27-2007
Reported in: 138(2007)DLT312
A.K. Sikri, J.1. The plaintiff has come to this Court with the present suit for permanent injunction, passing off, compensation and damages etc. [In the prayer clause, though, no relief for compensation and damages is claimed]. To put in nutshell, at the outset, the controversy is in respect of the film produced by the defendant No. 1, M/s. RGV Film Factory, in which the defendant No. 2, M/s. ADLABS also has stakes, with the proposed name 'Nishabd', which is slated for release on 2.3.2007. The plaintiff is aggrieved by the adoption of title 'Nishabd' by the defendants No. 1 and 2 for their feature film. Defendant No. 3, M/s. Super Cassette Industries, is sold the rights in the music and lyrics and for this reason the defendant No. 3 is also roped in, in this suit. 2. The plaintiff claims its right over the said title on the ground that it has already produced a movie with the title 'Nisshabd', which has also won various awards and embracing of the same name by the defendants for their ...
Commissioner of Income Tax Vs. Dewan Kraft System Pvt. Ltd.
Court: Delhi
Decided on: Feb-27-2007
Reported in: (2007)210CTR(Del)124; [2008]297ITR305(Delhi)
V.B. Gupta, J.1. By this common judgment two appeals being ITA Nos. 977/05 and 186/06 filed by the Revenue are being disposed of since common question of law is involved.2. Appeal No. 977/05 arises out of the decision dated 20th January, 2005 passed by the Income Tax Appellate Tribunal for assessment year 1997-98, whereas appeal No. 186/06 pertains to the order dated 29th March, 2005 for the assessment year 1998-99 passed by the Income Tax Appellate Tribunal.3. The brief facts leading to the filing of these appeals are: ITA No. 977/20054. The assessed a Private Limited Company is engaged in business of fabrication and supply of equipments and technical items. This business is being carried out in units situated at Kalamb, Himachal Pradesh which is a notified backward area. Other business units of the assessed are situated in Delhi and Noida. The profit derived from the Kalamb unit was eligible for deduction under Section 80IA of the Income Tax Act, 1961 (for short the Act) in the year ...
Director of Income Tax Vs. Mitsui and Co. Environmental Trust
Court: Delhi
Decided on: Feb-27-2007
Reported in: (2007)211CTR(Del)352; [2008]111ITR303(Delhi)
ORDER1. The Revenue is aggrieved by an order dt. 31st Jan., 2006 passed by the Tribunal, Delhi Bench 'F' in ITA Nos. 944 and 945/Del/2002 relevant for the asst. yrs. 1997-98 and 1998-99.2. The assessed is registered with the Revenue under Section 12A of the IT Act, 1961 as a charitable organisation. The objects of the assessed have been reproduced in the order of the CIT(A) and they are as follows:(i) Development and improvement of environmental preservation technology.(ii) Exchange of technical communication and information between the Japanese institutions engaged in the similar works and the Indian institutions.(iii) To undertake joint study, research and development of various measures relating to environmental protection with Japanese institutions and for that purpose to institute exchange programme.(iv) To gather information from various fields with a view to possible harmonization throughout the community of measure of protection of environment.(v) To undertake the implementatio...
Satya Murti @ Satti Vs. the State
Court: Delhi
Decided on: Feb-27-2007
Reported in: 2007(95)DRJ320
P.K. Bhasin, J. 1. The appellant Satya Murti @ Satti seeks to challenge his conviction under Sections 302/377/364 IPC passed by Additional Sessions Judge, New Delhi in Sessions Case No. 92/1996 in respect of FIR No. 508/95, Police Station Kalkaji vide judgment dated 14.10.2003. The appellant also challenges the order on sentence dated 20.10.2003 whereby he has been sentenced to life imprisonment for his conviction under Section 302 IPC besides fine of Rs. 2,000/- with a default clause. He has been also sentenced to undergo rigorous imprisonment for a period of 10 years and fine of Rs. 1,000/- for his conviction under Section 377 IPC and for his conviction under Section 364 IPC he has been sentenced to undergo rigorous imprisonment for a period of 10 years and also a fine of Rs. 1,000/-.2. As per the prosecution case, the appellant was living in a jhuggi in Sudhar Camp at Kalkaji, New Delhi. On 16/09/95 at about 7.30 p.m. he kidnapped one eight years old girl who was also living with he...
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