Delhi Court March 2007 Judgments

Bhanu Shaha Vs. the State (Nct of Delhi)

Court: Delhi

Reported in: 140(2007)DLT495; 2007(95)DRJ385

P.K. Bhasin, J.1. This judgment shall dispose of Criminal Appeal Nos. 474 of 2003 and 187 of 2004 filed by two appellants, Bhanu Shaha and Karan Bahadur Shaha, against the judgment dated 09.04.2003 passed by learned Additional Sessions Judge, Delhi in Sessions Case No. 47/2001 in respect of F.I.R. No. 99/99 registered at Police Station Welcome whereby both of them have been convicted under Sections 392/397/34 IPC and also under Section 302/34 IPC. They have also challenged the order dated 10.04.2003 whereby both of them have been awarded life imprisonment for the offence of murder with a fine of Rs. 1,000/- each and in default of payment of fine to further undergo rigorous imprisonment for a period of six months each under Section 302 IPC. The appellants were further sentenced to undergo Rigorous Imprisonment for seven years and also to pay a fine of Rs. 1,000/- in respect of their conviction under Sections 392/397/34 IPC. The substantive sentences were directed to run concurrently.2. ...

Surender Tokas Vs. State Nct of Delhi

Court: Delhi

Reported in: II(2007)DMC221; 2007(95)DRJ552

S. Ravindra Bhat, J.1. The revision petitioner, under Section 397 challenges an order on charge, framed by the learned Additional Sessions Judge (hereafter 'ASJ') whereby he has been charged with commission of offence under Section 498A, Indian Penal Code, 1860 (hereafter 'IPC').2. According to allegations in the First Information Report (FIR) the petitioner, husband of Anju, (the deceased, referred to as such) had a quarrel with her; as a result, she set fire to herself, in a fit of anger. The incident occurred on 7-11-2004. The deceased was removed to the hospital; her initial statement was that she caught fire while cooking; in a subsequent statement, recorded after she was found fit to make another statement, she gave a different version. She said that after a quarrel with the husband, in a fit of rage, she went, poured kerosine, and set herself ablaze. She also stated that she did not realize that the incident could become so serious. Later, on 13th November, 2004, she died, on ac...

Vardhman Properties Ltd. Vs. the Collector of Stamps, Govt. of Nct of ...

Court: Delhi

Reported in: AIR2007Delhi214; 140(2007)DLT354

Badar Durrez Ahmed, J.1. All these petitions are directed against the notices issued under Section 40 of the Indian Stamp Act, 1899 (hereinafter referred to as a 'Stamp Act'). By virtue of these notices, deficient duty on account of stamp duty and transfer duty is being demanded from the petitioners Along with a penalty equal to ten times of the deficient duty. The particulars of each of the cases would not be necessary for determining these petitions inasmuch as the questions are of a legal nature. It is sufficient to note that various properties were conveyed by virtue of registered perpetual lease deeds in favor of the petitioners on account of the fact that they were successful in the auctions held by the DDA / MCD. The Collector of Stamps in each of the cases had issued a certificate with regard to the appropriate stamp duty and transfer duty to be paid in respect of each of the leases. The petitioners in each of the cases made the payment as per the certificates given by the Coll...

Rajpati Vs. the Director, Central Bureau of Investigation and ors.

Court: Delhi

Reported in: 139(2007)DLT196

Mukul Mudgal, J.CM No. 3553/2007 (for exemption)Allowed, subject to all just exceptions. The application stands disposed of. WP(C) No. 1928/20071. Rule DB. With the consent of the learned Counsel for the parties, the writ petition is taken up for hearing. 2. The petitioner's husband Ram Chander was working with the Central Bureau of Investigation (in short 'CBI') on deputation w.e.f. 24th March, 1975 as a constable from Haryana Police, and was absorbed in CBI on 1st March, 1985. The petitioner's husband was promoted thereafter as Head Constable on 11th May, 1990. On 21st January, 1999, on certain allegations of tempering of the records, he was suspended. Since 29th January, 1999, the petitioner's husband has been missing. 3. The petitioner challenged the impugned judgment dated 15th September, 2006 passed by the Central Administrative Tribunal (in short 'CAT') in OA No. 381/2006. By the impugned judgment, the OA filed by the petitioner was partly allowed in the following terms:15. In v...

Charanjeet Verma/Aero Club Vs. State and ors.

Court: Delhi

Reported in: 0(2006)DLT0

S. Ravindra Bhat, J.1. These revision petitions impugn a summoning order of the learned magistrate, Delhi, dated 11-5-2005, in so far as it did not include Sections 409, 420 IPC, and Section 138, Negotiable Instruments Act, 1881.2. The brief facts are that the petitioner filed complaints under Section 409/420 IPC and Section 138 of Negotiable Instrument Act. The petitioner is a manufacturer of leather goods, shoes and accessories having trade mark of 'Woodland'. It appoints various distributors amongst it Mrs. Varsha Gandhi, sole Proprietor of M/s. Parth Associates applied for distributorship; that facility was granted and M/s. Parth Associates, was appointed by the petitioner, as distributor on 18.02.98. 3. It is alleged that the accused Ms. Varsha Gandhi gave to the petitioner firm six cheques in April and May 1998, total amounting to Rs. 17,76,294.32/-; the cheques, on presentation to the Bank were dishonored on the ground of insufficient funds. It is further alleged that the said s...

Ramesh Kumar Vs. D.S.i.D.C. and anr.

Court: Delhi

Reported in: 138(2007)DLT678; (2007)2LLJ1044Del

Rekha Sharma, J.1. Shri Ramesh Kumar, who was employed with M/s Delhi State Industrial Development Corporation raised an industrial dispute which was referred for adjudication to Labour Court No. VII, Delhi, with the following terms of reference:Whether the services of Sh. Ramesh Kumar have been terminated illegally and/or unjustifiably by the management, and if so, to what relief is he entitled and what directions are necessary in this respect2. The stand of the management before the Labour Court was that the workman was employed as a watchman on muster roll basis for a specific period against a specific work. It was submitted that the management was given the work of multipurpose Community Centre by the Rural Development Department at village Budh Nagar and when the said work was completed, the workman was discharged as he was no longer required. The Labour Court relying upon the appointment letter of the workman dated 31st December, 1998 (Ex.ME1/B) held that the workman was not enti...

Kanhaiya Lal Vs. Union of India (Uoi)

Court: Delhi

Reported in: [2007(113)FLR770]; (2007)2LLJ1022Del

Rekha Sharma, J.1. This writ petition is directed against the order passed by the Labour Court - xviii, Karkardooma Court, Delhi, dated 30th October, 2006. By virtue of the impugned order, the Labour Court has declined to go into the merits of the case, on the ground, that the petitioner - Kanhaiya Lal is employed with Rajghat Samadhi Committee which functions under the authority of the Central Government and, thereforee, the appropriate authority who could make reference in relation to an industrial dispute raised by him was the Central Government, whereas, the reference in his case was made by the Secretary (Labour), Government of NCT, Delhi. 2. It appears that the Labour Court while holding as above, over-looked the provisions of Rule 2(f) of the Industrial Disputes (Central) Rules, 1957, which reads as under:in relation to an industrial dispute in a Union territory, for which the appropriate Government is the Central Government, reference to the Central Government or the Government...

A.K. Chaterjee Vs. Bses

Court: Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

J.D. Kapoor, President: 1. Feeling aggrieved of the exorbitant electricity bills raised by the respondent after the change of meter in May, 2003 as it showed very huge consumption, the appellant made representations to the respondent for revision of the bills. On failure of the respondent to take any action the appellant filed the instant complaint before the District Forum. 2. Vide impugned order dated 10.1.2005, the District Forum dismissed the complaint on the premises of having got the meter checked during the pendency of the complaint in October, 2004 and also the consumption pattern of the consumption shown from December 2001 to August, 2004. 3. Through this appeal the impugned order has been assailed on the ground that the District Forum has not considered the consumption pattern as well as rise in the consumption of units after the change of the meter in the proper perspective. The bi-monthly consumption from December 2001 to August 2004 shown in the impugned order needs to be ...

Doon Security Service Vs. Cce

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

The applicant had not complied with the conditions of the stay order dated 4.1.2007, therefore, the appeal is dismissed for non-compliance to the provisions of Section 35F of Central Excise Act. However, if the applicant makes the deposit as per the stay order within a period of six weeks, the applicants are at liberty to ask for restoration....

P.K. Pandey, Ram Singh and A.K. Vs. Union of India (Uoi) Through

Court: Central Administrative Tribunal CAT Delhi

1. The instant OA is being filed by applicants challenging the legality of order dated 8.10.2002 passed by Director General, Ordnance Factories, Kolkata rejecting the representation made by applicants pursuant to the observations made by CAT in OA 2207/95 decided on 9.10.2001.2. The main contention of the applicants in this case is that they are entitled to get the same pay scales that are being given to Laboratory Assistants working in school laboratories maintained by Ordnance Factories. Applicants are Laboratory Attendants-A and B and working in laboratories of Ordnance Factory, Muradnagar, U.P. Their claim is that though they discharge the same duties, yet they have not been given the same pay scale given to the Laboratory Assistants working in these schools. issue appropriate directions to respondents to give salary to the Laboratory Attendant-B (Factory Laboratory) in the pay scales of Rs. 1200-2040 as given to their counter-parts, i.e., Laboratory Assistant (School Laboratory) ...