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Delhi Court April 2007 Judgments

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Apr 17 2007

Lachman Das Bhatia and Sons Vs. the Commissioner of Income-tax

Court: Delhi

Decided on: Apr-17-2007

Reported in: 142(2007)DLT189

Madan B. Lokur, J.1. The following questions of law have been referred for our opinion under Section 256(1) of the Income Tax Act, 1961:1. Whether on the facts and in the circumstances of the case, the salary of Rs. 4,800/- and commission of Rs. 3,737/- received by Shri Lachhman Dass Bhatia from the firm M/s Chetan Dass Lachhman Dass in which he was a partner as Karta of his HUF, is includible in the total income of the assessed HUF.2. Whether, on the facts and in the circumstances of the case, the HUF was barred by Section 247 of Income Tax Act, 1961 from claiming in its Karta from the firm in which he was a partner in his representative capacity and so allocated to his share under Section 67 of Income-tax Act, 1961, was not the real income of the HUF but was the individual income of the Karta.2. A perusal of the second question reveals that there are some typing mistakes but essentially both the questions raise the issue whether the salary and commission received by Lachhman Dass Bha...


Apr 17 2007

Union Public Service Commission Vs. Centran Information Commission and ...

Court: Delhi

Decided on: Apr-17-2007

Reported in: 139(2007)DLT608

Badar Durrez Ahmed, J.1. The Union Public Service Commission (UPSC) has filed this writ petition praying for the setting aside of the order dated 13.11.2006 passed by the Central Information Commission, New Delhi in an appeal under Section 19(3) of the Right to Information Act, 2005 (hereinafter referred to as 'the RTI Act').2. The issue involved in the present petition relates to the disclosure of cut-off marks for the optional subjects as well as for general studies of the Civil Services (Preliminary Examination), 2006, which was conducted by the UPSC. The disclosure of the separate cut-off marks in respect of each subject in the said examination for the different categories of candidates, namely, General, OBC, SC, ST and Physically Handicapped is also in question. The question of disclosure of the individual marks obtained by each of the candidates as well as the disclosure of the model answers to each series of questions for all the subjects is also in issue. The respondent Nos. 2 ...


Apr 17 2007

Bansil Mutei Shiblaq Vs. Union of India (Uoi) and ors.

Court: Delhi

Decided on: Apr-17-2007

Reported in: 2007(96)DRJ120

S. Ravindra Bhat, J.1. The petitioner invokes the revisional jurisdiction of this Court, under Section 397 of the Code of Criminal Procedure (hereafter 'the Code'). He is aggrieved by the order of the Additional Chief Metropolitan Magistrate (ACMM) dated 21-3-2007, rejecting his application for discharge under Section 34-B(2) of the Extradition Act, 1962 (hereafter 'the Act').2. The facts necessary to decide the petition are that the petitioner, a UK national, professes to have an unblemished record. He was detained pursuant to a 'Red Corner Notice' issued by the Interpol, on account of a request by the Government of the UAE. He claims to have visited India, with one Peter Simon, chairman of M/s Monsoon Ltd, UK, a well known international fashion brand, in connection with some charity work. Upon his landing at the Indira Gandhi International Airport, he was detained, on the the basis of a 'Look Out circular' (LOC) issued by the Foreigners Regional Registration Office, issued pursuant t...


Apr 17 2007

Amit Yadav Vs. Dda and anr.

Court: Delhi

Decided on: Apr-17-2007

Reported in: 140(2007)DLT157

Hima Kohli, J.1. The petitioner has filed the present writ petition praying inter alias for issuance of directions to the respondents to consider the case of the petitioner for seeking employment on compassionate ground with the respondent No. 1 DDA.2. The brief facts relevant for deciding the present writ petition are that the father of the petitioner expired in the year 1983. The mother of the petitioner, Smt. Meena Yadav was appointed in DDA on compassionate ground, upon the death of her husband and was employed on the post of Work Charge Mate till she expired on 13th March, 1990. The petitioner was a minor at the relevant time. As Clause V (vi) of the Guidelines adopted by DDA for compassionate appointment permits an application to be made by a son/daughter of a deceased employee, for being considered for compassionate appointment, as soon as he/she attained majority. On 25th February, 2002, the petitioner on attaining age of majority, made an application for appointment on compass...


Apr 17 2007

Oswal Agro Mills Limited Vs. Oswal Woollen Mills Limited

Court: Delhi

Decided on: Apr-17-2007

Reported in: 140(2007)DLT396

Sanjay Kishan Kaul, J.1. The parties to the present petition with all good intentions started a business dealing which has got soured. Both the companies were under the control of the same original family but due to the internal family disputes, came to be controlled by different groups of the family. The present dispute appears to be really a reflection of the family dispute.2. The petitioner, Oswal Agro Mills Limited is engaged in the business of manufacturing and trading in vegetable oils, soaps, Chemicals and petrol Chemicals etc. The respondent is also carrying on the business of manufacturing and trading of vegetable oils, woollen and related products. The parties entered into an agreement dated 30.3.1982 in terms whereof the petitioner was appointed by the respondent as its agent under the Import Export Procedure Handbook 1981- 82 for advising, assisting and guiding the respondent to import materials under the REP licenses. The goods to be imported were Crude Palm Kernal Oil. Th...


Apr 17 2007

S.L. Varun Vs. Delhi Power Company Ltd. and anr.

Court: Delhi

Decided on: Apr-17-2007

Reported in: 2007(96)DRJ345

Sanjiv Khanna, J.1. By way of present appeal, the appellant-Mr. S.L. Varun has challenged judgment dated 5th April, 2004 dismissing his writ petition and upholding order of the disciplinary authority and the appellate authority. 2. The appellant was an employee of the Delhi Vidyut Board. He was served with a charge sheet dated 5th April, 2000 on the ground that he was found indulging in theft of electricity, which conduct was highly unbecoming as he was an employee of Delhi Vidyut Board and warranted imposition of stiff major penalty. 3. As per the enquiry report, the charge was held to be proved. By order dated 20th May, 2002 passed by the disciplinary authority, penalty of removal from service was imposed on the appellant. An appeal was filed and vide order dated 29th June, 2002, the Chairman Delhi Vidyut Board partly allowed the appeal converting the penalty of removal from service to one of compulsory retirement. The appellant, thereforee, became entitled to terminal benefits. 4. T...


Apr 17 2007

Girish Saxena Vs. Praveen Kumar JaIn and ors.

Court: Delhi

Decided on: Apr-17-2007

Reported in: III(2007)BC363

Shiv Narayan Dhingra, J.1. This petition under Section 482, Code of Criminal Procedure has been made by the petitioner for quashing of criminal proceedings qua the petitioner in Complaint Case No. 976/1/2005 titled 'Praveen Kumar Jain v. R.D. Sharma and Ors.,' pending before the Court of Metropolitan Magistrate. It is submitted by the petitioner that the case in question was filed by the respondent on the basis of dishonour of a cheque dated 2nd August, 2004 for a sum of Rs. 1 lac. The cheque was issued by Shri Ram Dev Sharma, respondent No. 2 in the petition, in favor of the complainant i.e. respondent No. 1. It is submitted that neither in the notice nor in the complaint, it is pleaded by the complainant that the petitioner was the drawer of the cheque in question or the cheque was issued by the consent and knowledge of the petitioner, who was working as joint director of the institute.2. Learned Counsel for the complainant submitted that initially a coaching centre in the name of M/...


Apr 17 2007

Sohan Pal Mittal Vs. Union of India (Uoi) and ors.

Court: Delhi

Decided on: Apr-17-2007

Reported in: 139(2007)DLT698

J.P. Singh, J.1. In these Civil Writ Petitions under Article 226 of the Constitution of India it is prayed that a writ of certiorari or any other writ, order or direction be issued for quashing the complaints and the entire proceedings pending in the Court of Metropolitan Magistrate, Patiala House, New Delhi.2. We have heard Mr. P.N. Lekhi Sr. Advocate, learned Counsel for the petitioners and Mr. R. Mohanty, Advocate, learned Counsel for Respondents No. 3 and 4 as also Mr. O.P. Saxena, Advocate, learned Counsel for Respondents No. 5 and 6.3. Perusal of the complaints under Section 14 read with Section 29(2) of the Delhi Development Act, 1957, filed by Delhi Development Authority (DDA), shows that the Petitioners in WP(C) No. 4193/1995 are owners of the property No. A-1, Kirti Nagar, New Delhi and Petitioners in WP(C) No. 2830/2001 are the tenants. It is alleged in the complaints that the owners and tenants have put the property to non-conforming use by permitting running of an office, ...


Apr 17 2007

Indian Oil Corporation Ltd. Vs. Union of India (Uoi) and

Court: Delhi

Decided on: Apr-17-2007

Reported in: II(2007)ACC23; 140(2007)DLT571

J.M. Malik, J.1. In this appeal the applicant/appellant, Indian Oil Corporation, has called into question the order dated 4.11.2003, passed by Railway Claims Tribunal, wherein, its claim was rejected. The appellant, filed an application for recovery of Rs. 1,28,029/- before the Railway Claims Tribunal for non-delivery of one tank wagon bearing No. ER-78436 containing LDO which was booked along with 9 other wagons vide Railway Receipt No. 639513 dated 27.12.1993 from Barauni to Shakurbasti. Respondents/defendants set up the following defenses in their reply. Smt. Nishi Saigal is not the duly authorised constituted attorney of the appellant. No claim notice was served upon the respondents by the appellant. Lastly, the tank wagon No. ERTL-78436 was placed over night at B.R.P.L. siding on 9.1.1994 as empty and was drawn up from the siding as empty due to damage.2. On the pleadings of the parties, the following issues were framed:1. Whether the claim application is not maintainable since no...


Apr 17 2007

Amar Nath Vs. D.D.A.

Court: Delhi

Decided on: Apr-17-2007

Reported in: 2007(96)DRJ324

Sanjiv Khanna, J.1. The appellant, Mr. Amar Nath is aggrieved by the impugned Judgment dated 20th November, 2006 passed by the learned Single Judge dismissing his Writ Petition No. 23135/2005 with liberty to the appellant to pay the amount demanded by the respondent-Delhi Development Authority (hereinafter referred to as DDA, for short) within two weeks with 10% interest on the unpaid amount. 2. The office file of Delhi Development Authority makes an interesting reading. The appellant is a registrant under the Scheme called 'Registration Scheme of New Pattern', 1979 for allotment of MIG Flat. The appellant deposited Rs. 4500/- with the respondent in 1979. In September, 1998 after nearly twenty years, a flat in Phase-II, Dwarka was allotted to him. No communication was sent by the respondent to the appellant for nearly eleven months. The letter of allotment was posted in August,1999. This allotment was under the hire-purchase scheme which did not require lump sum payment but payment in ...


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