Delhi Court February 2007 Judgments
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Swastik Wires Vs. Cce
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Feb-19-2007
Reported in: (2007)(117)ECC467
1. Heard both sides. The appellants filed this appeal against the impugned order whereby demand is confirmed and penalty of equal amount is imposed. The contention of appellants is that they starting manufacturing copper wire of cross sectional dimension of 7mm falling under Chapter Heading 7408.11 of Central Excise Tariff and started availing the benefit of Notification No. 9/2000. The appellants filed the necessary ER-I return for the period April 2002 to September, 2002 and it was found that the goods manufactured by the appellants are not specified goods under the Exemption Notification No. 9/2000. Show cause notice was issued to the appellants asking for differential duty and imposition of penalty.2. The contention of appellants is that they arc not liable for penal action as there was no intention to evade payment of duly. They filed the necessary declaration ER I returns, and from these returns, the Commissioner came to know that the appellant had paid less duty. As there was n...
State Vs. Sushil Sharma
Court: Delhi
Decided on: Feb-19-2007
Reported in: 2007CriLJ4008; 2007(94)DRJ777
P.K. Bhasin, J.1. Conviction of the appellant Sushil Sharma for the murder of one Ms. Naina Sahni @ Ravi Naina Sahni vide judgment dated 03-11-2003 rendered by an Additional Sessions Judge, Delhi in Sessions case No. 88/96 pertaining to FIR No. 486/95 of Connaught Place police station and imposition of death sentence upon him vide order dated 07-11-2003 has led to the filing of an appeal by the appellant and making of a reference to this Court by the trial court for confirmation of the death sentence. The Reference and the appeal were taken up together for hearing and both are now being disposed of by this common judgment.2. The relevant facts leading to the prosecution of the appellant Sushil Sharma along with one Keshav Kumar for the offence of murder and three other persons for harbouring Sushil Sharma after the murder have been noticed by the trial court in paras No. 112 and 17 and are as follows:1. Accused Sushil Sharma former President of Delhi Youth Congress (I), Naina Sahni (he...
Shri Pritpal Singh Vs. Delhi Metro Rail Corporation Ltd. and ors.
Court: Delhi
Decided on: Feb-19-2007
Reported in: 2007(2)ARBLR426(Delhi); 139(2007)DLT431; 2007(95)DRJ21
Gita Mittal, J.1. This petition has been filed by the petitioner under Section 34 of the Arbitration & Conciliation Act, 1996 placing its objections to the arbitration award dated 27th May, 2004. So far as the essential facts giving rise to the petition are concerned, there is no material dispute thereto and, to the extent necessary for adjudication of the present petition, the same are noticed hereinafter. 2. The petitioner was allegedly running its business from property bearing No. 1/1142 B-1143, 1st floor, Railway Road, Shahdara. The Union of India and the Government of National Capital Territory of Delhi, in order to cut down the load of traffic on the existing roads and to ensure smooth flow of traffic has conceptualised the `Mass Rapid Transit System'. In order to implement this project, it had necessitated evacuation of what was termed as the `Project Affected Persons'. 3. The petitioner has submitted that with the intention of rehabilitating such project affected persons, a ci...
Hriday Bhushan Doomra Vs. Jeevan Industries Pvt. Ltd.
Court: Delhi
Decided on: Feb-19-2007
Reported in: 139(2007)DLT619
Pradeep Nandrajog, J.1. A concurrent finding of fact has been returned by the learned Additional Rent Controller and the Additional Rent Control Tribunal against the petitioner. 2. The respondent filed a petition for eviction against Hirdey Bhushan Doomra, the predecessor-in-interest of the petitioners. Petition invoked Section 14(1)(a), (b) and (j) of the Delhi Rent Control Act 1958. It was inter alias alleged that initially a license was granted by the petitioner to Hirdey Bhushan Doomra in respect of 3 rooms admeasuring 141/2' x 101/2', 61/2' x 161/2' and 14' x 6', which was later on converted into a lease. It was stated that the tenant encroached upon an open area adjoining the licensed area. Later on, by consent, license was converted into a lease. Alleging non payment of rent unauthorized subletting without the consent of the landlord as also unauthorized constructions, eviction was prayed for. 3. Qua the persons who were stated to be unauthorizedly inducted it was stated that th...
DIn Cooperative Group Housing Society Ltd. Vs. Sh. A.S. Rana
Court: Delhi
Decided on: Feb-19-2007
Reported in: 2007(2)ARBLR458(Delhi); 139(2007)DLT161
Pradeep Nandrajog, J.1. These are objections by the petitioner to the award dated 24.10.2005 published by Sh. V.D. Tiwari, the learned sole arbitrator appointed by this Court to decide the disputes and differences between the petitioner and the respondent.2. Petitioner is a cooperative group housing society. Respondent is a building contractor and carries on a business under the name and style 'Rana Construction Company'. 3. The impugned award has awarded Rs. 75,19,230/- to the contractor. 4. Admitted case of the parties is that the society had invited offers from contractors to construct 166 residential flats on the land allotted to the society. Offer of the respondent was accepted and a formal agreement was executed between the parties on 25.2.1996. 5. The stipulations in the tender documents as also certain post offer letters exchanged between the parties were included as a part of the contractor terms. 6. Clause 9 of the agreement dated 25.2.1996 incorporated, by reference, letters...
Rashtriya Mahila Kosh Vs. the Dale View and anr.
Court: Delhi
Decided on: Feb-19-2007
Reported in: 2007(95)DRJ418
Gita Mittal, J.1. By this judgment, I propose to decide I.A. No. 470/2005 filed by the defendants under the provisions of Order 37 Rule 3(5) of the Code of Civil Procedure, 1908 seeking leave to defend the present suit. In order to appreciate the issues raised in the application, it becomes necessary to notice certain essential facts. 2. Rashtriya Mahila Kosh, the plaintiff herein is a society registered under the Society Registration Act carrying on its activities under the directions of the Department of Women and Child Development of the Ministry of Human Resources Development, Government of India having its office at 1, Abul Fazal Road, Bengali Market, New Delhi-110001. Amongst the other activities of the plaintiff, it is contended that the plaintiff is engaged in advancing loans to the poor women through Non Governmental Organisations (NGOs). 3. The defendant no. 1 is a registered co-operative society located in Thiruvananthapuram in the State of Kerala. It is stated to have appro...
K. Rajabansi Devi Vs. Union of India (Uoi) and ors.
Court: Delhi
Decided on: Feb-19-2007
Reported in: 2007CriLJ1471; 137(2007)DLT500; 2007(94)DRJ426
Mukul Mudgal, J.1. Rule DB. With the consent of the learned Counsel for the parties the writ petition is taken up for final hearing. 2. The brief facts narrated in the writ petition read as follows:(i) This writ petition had been filed seeking relief against a tender notice dated 18th July 2006 for the sale of an LPG dealership, being auctioned by virtue of the order dated 29th August 1997 in W.P.(C) 4003/1995 in the case of Centre for Public Interest Litigation v. Union of India as clarified and amended by orders dated 11th September, 1998 and 23rd Septmber 1998. In pursuance of the said tender notice, the LPG dealership at Mylavaram, Krishna District, Andhra Pradesh was to be auctioned on 21.8.2006 without including the land and structures as part of the dealership. (ii) The petitioner was allotted the LPG Distribution dealership vide proceedings No. F P-19015/34/95-IOC dated 1st June 1995 by the Ministry of Petroleum and Natural Gas, Government of India. Based on the said letter of ...
Raju Vs. the State Nct of Delhi
Court: Delhi
Decided on: Feb-19-2007
Reported in: 2007(95)DRJ577
S. Ravindra Bhat, J.1. This revision petition challenges an order of the Additional Sessions Judge, upholding the conviction and sentence, imposed upon the petitioner for commission of offences under Section 39, Indian Electricity Act (hereafter 'the Act').2. The case of the prosecution was that on 25.11.1999, as per the instruction of Enforcement department of the Delhi Vidyut Board (DVB) and Executive Engineer, SET II a joint raid was allegedly conducted by the team of DVB officials at three premises including the premises No. B/I/110, Maddi Wali Gali, Vishnu Garden, New Delhi. Direct theft of electricity was alleged from DVB O/H LV mains. On the basis of a joint inspection report and complaint, an FIR was registered at Police Station, Tilak Nagar, Delhi. A charge sheet was filed by the police, alleging that the petitioner and his brother had committed offences under Section 39 of the Act. Thereafter a charge was framed against them, to which they pleaded not guilty and claimed trial...
Mrs. Bhawna Seth Vs. Dlf Universal Limited and anr.
Court: Delhi
Decided on: Feb-19-2007
Reported in: AIR2007Delhi189; 138(2007)DLT639; 2007(94)DRJ710
Sanjay Kishan Kaul, J.1. The plaintiff has filed a suit for specific performance of the Agreement dated 15.9.1987 entered into with the defendants in respect of space No. 149, The Shopping Mall, DLF Qutab Enclave Complex, Gurgaon. It is the case of the plaintiff that the plaintiff paid the initial amounts but subsequently the defendants arbitrarily increased the covered area and sought further amounts from the plaintiff, which was in violation of the Agreement. The disputes between the parties resulted in the defendant ultimately issuing a letter dated 2.5.1997 informing the plaintiff that the space has been cancelled for non-payment of dues by the plaintiff but the Agreement could be restored if the full amount claimed along with the holding charges were paid. Since the disputes did not get resolved the suit was filed. The prayer made in the suit is as under:It is, thereforee, respectfully prayed that this Hon'bel Court may be pleased to pass a decree in favor of the plaintiff and aga...
Raj Singh Toofan Vs. State and anr.
Court: Delhi
Decided on: Feb-19-2007
Reported in: II(2007)DMC170
S. Ravindra Bhat, J.1. The present revision petition questions the order dated 27.4.2005 passed by the learned Metropolitan Magistrate (hereafter 'the trial Court') accepting the cancellation report filed by the investigating agency in FIR No. 270/2001.2. The brief facts necessary to decide this petition are that the petitioner's son Ajay Kumar (hereinafter referred to as 'the deceased') was working as a commando and constable with the Delhi Police. He married one Sarita (hereinafter referred to as 'the wife') on 19.11.95. On 20.3.2000 he was found dead by hanging at his in-laws' place.3. The petitioner alleges that the wife Sarita lodged a false complaint against the deceased and her in-laws in the Crime against Women Cell, Nanak Pura, alleging dowry demand. However, the matter was compromised and the couple started living separately, in a rented house, in village Said-ul-ajab; but their relations did not improve. The wife shifted to her parents' house at Lado Sarai since her only bro...
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