Delhi Court April 2007 Judgments

Shri P.G. Chacko, Member Vs. Union of India (Uoi) Through the

Court: Central Administrative Tribunal CAT Delhi

Reported in: (2007)(213)ELT183NULL

1. In this OA the applicant has sought a direction to the respondents to expunge the impugned remark (Annexure A-1) entered by respondent No.2 in the Annual Confidential Report (ACR, for short) of the applicant for the year 2003-04.2. The brief facts of the case are that the applicant, a practicing advocate in the High Court of Kerala at Ernakulam, was appointed as Member (Judicial) in the Customs, Excise and Service Tax Appellate Tribunal (CESTAT, for short) [then known as the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT, for short)], and joined as such on 12.04.1999. Consequent to his selection and appointment as Member (J), the applicant was posted in the Delhi Bench of the CESTAT.As a matter of practice, however, Members posted at one Bench of the CESTAT are, owing to exigencies and requirements, also deputed, on a temporary basis, to other Benches, for short durations. Thus, for the period 16.04.2001 to 27.04.2001, the applicant was, pursuant to administrative ord...

Shri Deepak Tripathi S/O Shri K.N. Vs. Union of India (Uoi) (Through

Court: Central Administrative Tribunal CAT Delhi

1. We had heard Mr. B.S. Mainee, learned Counsel on behalf of the applicant when the Original Application had come for admission but are not inclined to admit the application, especially since it relates to a selection consequent to an examination conducted by the Central Board of Secondary Education in the year 1998. We also do not find that there is any irregularity or irrationality in the manner, in which the applicant's claim had been dealt with.3. In order to secure proficient hands, in the field of commercial working, the Railway Board had issued a Special Scheme known as 'Vocational Course on Railway Commercial'. The candidates could get selected with the Railways, and they were to pass the plus two classes in Commerce in an examination to be conducted by the CBSE. In fact, in addition to the other subjects, a paper of commercial working was mandatorily to be included in the curriculum, and the candidates could have aspired for selection if they scored 55 % marks, for the subje...

RajuddIn Vs. Jamia Millia Islamia

Court: Delhi

Reported in: 140(2007)DLT89; 2007(96)DRJ561

Hima Kohli, J.1. The present writ petition is filed by the petitioner praying inter alias for issuance of appropriate writ of certiorari and mandamus for quashing the order dated 29.1.1992 passed by the respondent by which a penalty was imposed upon the petitioner after considering the report of the Inquiry Officer, and it was ordered that the petitioner be reduced to the lower grade for a period of 5 years w.e.f. 31.1.1992, as also for directions to the respondent to give all consequential benefits including further promotion to the post of Assistant, etc., from the date the petitioner's juniors have been promoted along with arrears of salaries, etc.2. In a nutshell, the facts of the case are that in the year 1972, the petitioner was appointed as an Attendant with the respondent/University. In 1977, he was promoted as a Junior Clerk and subsequently regularized. In January, 1986, the petitioner was promoted as a temporary Senior Clerk. On 16.7.1990, the petitioner was served with a ch...

Ayurherbs Pharmaceuticals Private Limited Vs. Three-n-products Private ...

Court: Delhi

Reported in: 141(2007)DLT609; LC2007(2)303; 2007(35)PTC261(Del)

J.M. Malik, J. 1. The trial court vide order dated 19th December, 2006, accepted the application moved by the plaintiff/respondent under Order XXXIX Rules 1 and 2 CPC and restrained the defendant/appellant from using the name 'Ayur' as part of its trade name and further restrained the defendant/appellant from selling its product under the name which may consist of Ayur such as 'Ayurherbs Pharmaceuticals Private Limited' till the pendency of the suit. Adumbrated, in brief, the facts of the plaintiff's/respondent's case are these. The respondent is transacting the business of production of cosmetic products including cream, lotion, shampoo, hair care material, etc. in the name of 'Ayur'. The above-said goods are sold under the trademark of 'Ayur' right from 1984.2. The grouse of the respondent is that the appellant has got itself registered in the name of 'Ayurherbs Pharmaceuticals Private Limited'. The above-said name is identical and deceptive to its trademark 'Ayur'. The respondent ha...

Smt. Jagwati Vs. Union of India (Uoi) and ors.

Court: Delhi

Reported in: 2007(96)DRJ552

Hima Kohli, J.1. The present writ petition has been filed by the petitioner praying inter alias for a writ, order or direction to be issued to the respondent No. 2 Corporation to grant compassionate appointment to her son on a suitable post on account of the death of her husband, who was an employee of the respondent No. 2 Corporation.2. Facts leading up to the present petition briefly stated, are as follows. The petitioner is the widow of late Shri. Ram Singh, who joined service with M/s. Bharat Petroleum Corporation Ltd., respondent No. 2 (hereinafter referred to as 'the respondent Corporation') in October 1981 and was confirmed in service in October, 1982. The husband of the petitioner met with an accident on 29th September, 1992. At the relevant time, all her four children were minor, the eldest son being 12 years of age. On 28th July, 1998, after attaining majority, Sh. Anil Kumar, eldest son of the petitioner applied for appointment on compassionate ground, and accordingly he was...

Rosetta Williams Vs. the Director of Education, Govt. of Nct of Delhi ...

Court: Delhi

Reported in: 140(2007)DLT1

Kailash Gambhir, J.1. By way of this writ petition under Article 226 of the Constitution of India, the petitioner who is employed with the Delhi Public School International, has sought to challenge the disciplinary proceedings initiated against her pursuant to the articles of charges dated 14.2.2007 being vocative of fundamental rights of the petitioner and the principles of natural justice.2. Mr. Mahabir Prasad, Senior Advocate for the petitioner has contended that although respondent/DPS International School is fully governed by the Delhi School Education Act and the Rules framed there under but with impunity the respondent school has initiated disciplinary proceedings against the petitioner in flagrant violation of the mandatory provisions of the Delhi School Education Act. Mr. Mahabir Prasad has contended that school itself has adopted the Delhi Education Act and the Rules and thereforee, the service conditions of the petitioner are guided by the Delhi School Education Act and the ...

icici Bank Ltd. Vs. Prafull Chandra

Court: Delhi

Reported in: 139(2007)DLT538

S. Ravindra Bhat, J.1. In all these cases identical orders made by the learned Metropolitan Magistrate on 30.3.2007 dismissing the complaints preferred, have been impugned. The petitions involve identical questions of fact and law. Since the complaints were dismissed without further proceeding, on the first date of hearing, by the trial court, these revision petitions are being disposed off finally at the admission stage.2. The impugned order reads as follows:Heard : The perusal of the averments made in the complaint of the complainant is beyond statutory period and the same has already been observed by Ld. ACCM. More over no application for condensation of delay has been filed. thereforee, the case is hereby dismissed.File be consigned to record room.3. The complaints in all the proceedings filed by the common petitioner-Bank were identically phrased; they alleged commission of offences under Section 138/141 of Negotiable Instruments Act. It was alleged that the cheques in question we...

O.P. Insulations (P) Ltd. Vs. Mcd

Court: Delhi

Reported in: III(2007)BC148

ORDERS. Muralidhar, J.1. This petition assails an order dated 12.12.2006 informing the petitioner that the contract awarded to him for the parking site at South Extension, Part-II by letter dated 22.9.2006 stood cancelled.2. Pursuant to the lender invited by the respondent on 31.1.2007, the petitioner was issued a provisional offer letter dated 22.9.2006 for the parking site at South Extension, Part-II, New Delhi at the monthly license fee of Rs. 2,26,000/- plus 2.244% service tax (T.C.S.). Clause 8(c) of the Agreement indicates that 'MCD reserves the right to revise the parking charges during the currency of the contract. In case of revision in parking charges, the license fee paid by the licensee shall stand revised in the same proportion for the remaining period'.3. The petitioner obviously could not comply with the requirement of payment of license fee and sought a downward revision of the monthly license fee. In the meanwhile on 30.10.2006 the MCD informed the petitioner about the...

Shri Shivraj Krishan Gupta, Vs. Sh. Chander Krishan Gupta,

Court: Delhi

Reported in: 2007(96)DRJ466

J.M. Malik, J. 1. Smt. Bimla Devi, defendant died on 12.12.2006, she left behind him Sh. Shivraj Kishan Gupta, Smt. Neena Jain and Smt. Neera Goel as her legal representatives. Counsel for the plaintiff therein filed an application under Order 22 Rule 4 CPC for bringing on record the legal representatives of the deceased defendant. The above said legal representatives contested the above said application. According to them, Smt. Bimla Devi, on 26.05.2004, created a trust wherein her entire estate i.e. movable as well as immovable assets including all debts and claims due to her was to be held in a trust for the benefit of her two grand sons namely Nitin Gupta and Namit Gupta both sons of Sh. Shiv Krishan Gupta to whom she had bequeathed her entire share. The Trust Deed further mentioned that it would be called 'Nitin and Namit Benefit Trust'. Consequently, the said Trust represents the estate of deceased Smt. Bimla Devi and her legal representatives. It was prayed that said trust be im...

Neo Sack Limited Vs. Cc

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2007)(119)ECC430

1. Heard both sides. The appellant filed this appeal against the impugned order passed by the Commissioner (Appeals). The appellants made import of three Wide Width Circular Weaving Machines alongwith certain testing meters under the EPCG license. As per the policy, under the EPCG license, only new machines can be imported and old and used machines are prohibited.2. The case of the revenue is that appellant imported old and used machines and therefore, they are liable for confiscation and benefit of EPCG licence was also disallowed and penalties were imposed.3. The contention of the appellant is that the goods they have purchased are from M/s. Ever Star Far East Ltd who is the manufacturer of circular weaving machines. As the wide width weaving machines are not generally manufactured, therefore, the appellants got the machines modified to the wide width circular weaving machines and after modification, the same were tested for two months at manufacturer's place. Regarding this, the ap...