Delhi Court March 2007 Judgments

Kanwaljit Singh Vs. the State (Nct of Delhi)

Court: Delhi

Reported in: 139(2007)DLT280; 2007(95)DRJ439

Shiv Narayan Dhingra, J.1. These two appeals have been preferred against the judgment dated 16.1.2007 and order on 'sentence' of the same day, whereby the learned Special Judge under Prevention and Corruption Act(in short ?the Act?), convicted both the appellants under Section 7 of the Act read with Section 120B of Indian Penal Code and convicted appellant Anoop Singh under Section 13(1)(d) of the Act as well, punishable under Section 13(2) of the Act.2. Brief facts relevant for purpose of deciding these appeals are that one Mr. Murari Lal was convicted by the Court of learned Metropolitan Magistrate under Section 498A of IPC in FIR No. 201/1988 against which he preferred an appeal before the Sessions Court and the learned Sessions Court, vide an order dated 11.2.2004 acquitted him. After his acquittal, he made an application on 22.5.2004 before the Court of learned Metropolitan Magistrate for refund of Rs. 5000/-, earlier deposited by him as fine. On his application, the learned MM Ms...

Court on Its Motion Vs. Union of India (Uoi) and ors.

Court: Delhi

Reported in: II(2007)ACC1; 139(2007)DLT244; 2007(96)DRJ580

Swatanter Kumar, J. 1. Immense influx of light and heavy vehicular traffic with tremendous increase in population of Delhi have made the roads of Delhi increasingly dangerous to human life. Where a common man; a cyclist; a motor cyclist or a pedestrian is often knocked down by the DTC, blue line bus or other heavy vehicles plying on the roads of Delhi, there the richer section of the society meets with fatal accidents as a result of rash and negligent driving. Statistics show no decline in traffic offences. From 1.1.2006 to 31.10.2006, 13535 blue line buses were challaned for violation of rules of lane driving, wrong overtaking, without speed governance and sudden stopping in the middle of the road and at places where there is no bus stand. 14260 blue line vehicles were impounded for violations. These statistics only show a drop in the ocean in traffic offences and accidents involving two-wheelers, cyclists, light motor vehicles and other heavy motor vehicles. This pathetic state of af...

Sunil Kumar Vs. State Nct of Delhi and anr.

Court: Delhi

Reported in: 139(2007)DLT198; I(2007)DMC786

Manmohan Sarin, J. 1. This petition for habeas corpus has been filed by Sunil Kumar, brother of Ram Prasad. Petitioner's brother Ram Prasad, being in love with Urmila Devi (minor) about 16 years of age, got married to her. The statements of Ram Prasad and Urmila Devi were recorded on 13.3.2007. As per the statement of Urmila Devi, who was in love with Ram Prasad, she left the parental home in Delhi on 11.2.2007 to join him in Panipat as pre-arranged. She stated that she left the house of her own volition and it was her suggestion that she and Ram Prasad get married. She got married to Ram Prasad on 12.2.2007 at Devi Mandir, Panipat. Photographs of the marriage have been produced. Both have cohabited together as husband and wife. Ram Prasad has also supported her statement. The parents of Urmila Devi, Raghunath Singh and his wife Roopwati were also present in Court. Raghunath Singh and Roopwati are extremely annoyed over the act of their daughter in eloping and marrying Ram Prasad and a...

T.M. Sampath Vs. National Water Development Ag

Court: Delhi

Reported in: 2008(3)SLJ74(Delhi)

Rekha Sharma, J.1. The petitioner is an employee of National Water Development Agency which is a Government of India Society under the Ministry of Water Resources. The petitioner submitted a bill of Rs. 5,985/- to his Department for reimbursement on account of medical expenses incurred by him for the treatment of his widowed sister who is suffering from spinal disorder. The bill, in question, pertains to the period 17th April, 2006 to 18th April, 2006. The Department initially declined payment of the bill on the ground that the case of a widowed sister did not get covered under the NWDA Medical Attendance Rules. On receipt of this communication, the petitioner informed the office that on 28th July, 1992 a circular was issued which enlarged the definition of 'Family' as given in the NWDA Medical Attendance Rules so as to include a widowed sister also besides some other relations. Faced with this, he was told through a communication dated July 31, 2006 that such a facility was available ...

Meenu Bhist Vs. Vijay Kumar Gupta and anr.

Court: Delhi

Reported in: 141(2007)DLT923

S. Ravindra Bhat, J.1. The petitioner invokes inherent jurisdiction of this Court and seeks a quashing order in respect of criminal proceedings initiated by the respondent/complainant for alleged commission of offences under Sections 138/141 of Negotiable Instruments Act.2. The respondent had initiated the proceedings with a complaint alleging that he was given three cheques on 28.1.2003, 3.2.2003 and 6.2.2003 for a total sum of Rs. 5 lakhs. The first accused, in the complaint was M/s L.P. Papers Ltd. having its office at Philibhit in Uttar Pradesh and the other accused were arrayed in their capacity as either chairman/managing director or directors respectively. The complainant alleged that the cheques were issued to satisfy a liability i.e. return of loan, advanced to the company. The cheques were not honoured, when presented to the drawer's bank; notice was issued, followed by the complaint. A summoning order was issued. During pendency of the proceedings, the complainant compounded...

C.J. Gelatine Product Vs. Commissioner of C. Ex.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

1. The applicant filed this application for waiver of pre-deposit of demand of Rs. 78,637/- and penalty is confirmed after denying the Cenvat credit on the inputs service. The contention of the applicant is that they are paying service tax in respect of security service and rent a car operator. The only ground to deny the credit on the input is that amount of service tax has been paid by the appellant and not by the provider of the service. In these circumstances, we find that the applicant had a strong case in their favour. Pre-deposit the amount of service tax and penalty is waived. Stay petition is allowed....

R.K. Cigarettes Pvt. Limited, Mr. Vs. Cce

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2007)(118)ECC347

1. All these appeals are arising out of common order in appeal and therefore, the same are taken up for hearing together for disposal.2. The relevant facts of the case are that Appellate No. 1, M/s R.K.Cigarette Private Limited are engaged in the manufacture of cigarette at their factory situated at Varanasi. Appellant No. 2 Shri R.K. Gupta is the Managing Director of the appellant No. 1 company. Shri Niranjan Rai, Proprietor of M/s Prabhat Traders. Appellant No. 3 herein is the C&F agent of appellant No. 1 having its office at Patna. On 22.10.2002, the Central Excise officers searched the premises of appellant No. 3 at Patna and seized cigarette valued at Rs. 4,41,750/-. The representatives of the appellant No. 3 in their statement stated before the Central Excise officer that they used to receive and sell cigarette without bills. Thereafter, the Central Excise officer visited the factory of the appellant company and recorded the statements of various persons. The adjudicating au...

Dr. Chandrakant, Vir Chakra Vs. Union of India (Uoi) (Through

Court: Central Administrative Tribunal CAT Delhi

1. In this OA the applicant has challenged the order of the respondents dated 16.11.2006 whereby the respondents have enhanced the age of superannuation of specialist doctors of Central Health Service (CHS, for short) belonging to (i) Teaching; (ii) Non-teaching; and (iii) Public Health sub-cadres from 60 years to 62 years with immediate effect. He has also sought a declaration that the applicant belongs to the cadre of Specialist in Forensic Medicine and, therefore, entitled to the benefit of enhancement of age of superannuation and should, therefore, have been continued in service after 31.07.2006, when he was superannuated after attaining the age of 60 years.2. At the admission stage, Shri A.P. Dhamija, learned Counsel for the applicant, in all fairness, drew our attention to the order of this Tribunal in OA No. 21/2007 et al dated 11.01.2007 wherein the same order of the respondents dated 16.11.2006 was challenged. The said OAs were dismissed in limine on the following ground: 6. ...

Trilok Chand S/O Late Kali Ram Vs. the Govt. of Nct of Delhi Through

Court: Central Administrative Tribunal CAT Delhi

1. Applicant, a nursing orderly, by virtue of this OA impugns respondents' order dated 23.3.2004, imposing upon him, after disciplinary proceedings under Rule 14 of the CCS (CCA) Rules, 1965, a penalty of reduction of one year's service increment for a period of one year with cumulative effect. Also assailed is an order passed on 11.10.2004 in appeal whereby the penalty has been affirmed.2. Applicant while posted as nursing orderly, though it is not within his charter of duties to drive a vehicle, was asked to perform duties of driving an Ambulance on 21.7.2001. A disciplinary proceeding was held against him on the ground that while he performed the duty of Ambulance Driver on 21.7.2001 from 2 p.m. to 10 p.m. he parked the Ambulance with a dent on left side without intimating his senior about the accident. The Enquiry Officer (EO) held him guilty of the charge and accordingly the aforesaid punishment was inflicted upon him, which, on appeal, when confirmed, gives rise to the present O...

Sh. M.P. Kushwaha S/O S.N. Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Delhi

1. The operative portion of the Tribunal's order dated 29.9.2006, non-compliance whereof is complained in the present contempt petition, reads as follows: We, therefore, do not consider it necessary to go into the various other grounds that have been taken by the applicant to claim the relief in this OA. The Tribunal in exercise of power of judicial review does not review the decision but reviews the manner in which the decision has been arrived at. The object of the judicial review is to ensure that a person gets a fair and just treatment and not to ensure that the decision reached by the disciplinary authority is necessarily correct in the eye of the Court. The Tribunal does not act as a Court in appeal. It does not reappreciate the evidence, which was before the disciplinary authority. It can, however, interfere with the orders of the disciplinary authority when there is a material irregularity and illegality in the proceeding, which has caused prejudice to the charged official in ...