Delhi Court April 2007 Judgments

Shri R.K. Gupta (Retd.) Vs. Union of India (Uoi) Through

Court: Central Administrative Tribunal CAT Delhi

1. Applicant, Postal Assistant, impugns, by virtue of this OA, order dated 11.2.2005 passed in OA No. 1706/2004 denying him interest on retiral/pensionary benefits in terms of Rule 68 of CCS (Pension) Rules, 1972.2. The facts in brief are, that applicant superannuated as Postal Assistant, Delhi Postal Circle on 1.3.1996. While in service, he was suspended w.e.f. 26.7.85 to 4.5.88 since a court case was pending. On 24.11.1998, he was paid only provisional pension. Other retiral benefits like leave encashment, gratuity etc. were withheld. The applicant filed OA 1832/98 for release of his gratuity and leave encashment along with 12% interest on arrears of pay and allowances and of provisional pension. The said OA was allowed on 6.4.1999 with the following directions: 4. In so far as the claim of interest is concerned, representation dated 10.7.1998 (Annexure A-VI) indicates that pension was revised in terms of Government of India order dated 27.10.1997, and pay was also revised pursuant ...

Bhagwan Singh Rathor, Retired Vs. Union of India (Uoi) Through

Court: Central Administrative Tribunal CAT Delhi

1. By virtue of this OA applicants impugn order dated 9.10.1998 whereby request of applicant No. 2 for compassionate appointment has been rejected.2. The facts in brief are that applicant No. 1 was retired on medically grounds from service, w.e.f. 10.10.2002 on the recommendation made by the Medical Board on 29.11.2002. After retirement of applicant No. 1, he nominated applicant No. 2, his elder son for compassionate appointment. This was submitted to the Chief PMG, UP, Lucknow (CPMG) for consideration by the Circle Relaxation Committee (CRC). On 14.11.2003, a communication was received by applicant No. 1 that this case for compassionate appointment was rejected on the ground that applicant No. 1 retired as invalid after attaining the age of 55 years while compassionate appointment is available to Group 'C' employees up to the age of 55 years and 57 years in the case of Group 'D' employees as per the scheme dated 9.10.1998. In view of this matter, applicant submits that as the age for...

Municipal Corporation of Delhi Through Its Commissioner Vs. Smt. Rupa ...

Court: Delhi

Reported in: 140(2007)DLT506; [2007(114)FLR119]

Kailash Gambhir, J.1. By way of this writ petition, the petitioner has challenged the ex-parte award dated 1.3.96 passed by the Labour Court in I.D. No. 95/90. Pursuant to the reference made by the Secretary (Labour) Delhi Admn., Delhi the dispute was referred for adjudication under Section 10(1)(c) & 12(5) of the I.D. Act, 1947. The terms of reference are reproduced below:Whether Shri Pratap singh has abandoned his services or the same 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 respect? 2. On receipt of reference, notices were issued to the respective parties. The workman had filed statement of claim wherein he stated inter alias that he was employed by the management in its Horticulture Department w.e.f. 28.6.83 as a Vehicle attendant-cum-Mali and was being paid wages under the Minimum Wages Act applicable to unskilled casual worker. He was having unblemished and uninterrupte...

Dalip Ram Vs. State (Nct of Delhi)

Court: Delhi

Reported in: 2007(96)DRJ70

H.R. Malhotra, J.1. By this judgment we are disposing of three appeals being appeal Nos.533/1999, 640/1999 and 582/1999 as all the three appeals arise out of common judgment rendered by Additional Sessions Judge dated 26th July, 1999 convicting the appellants Sunil, Sushil Kumar @ Navin, and Dalip Ram and others two, namely, Ganga Dhar and Lalit (proclaimed offenders) for commission of offences punishable under Section 302/34 IPC and also under Section 396/34 IPC and sentenced them vide order dated 27th July, 1999 to undergo life imprisonment besides imposing a fine of Rs. 5,000/- each and in default of payment to undergo further sentence of imprisonment of six months. 2. Feeling aggrieved, by the Judgment these three appellants have preferred the present appeals assailing the impugned judgment of conviction and the sentence claiming themselves to be innocent.3. Prosecution case as set out in the charge sheet sent under Section 173 Cr.P.C. and also incorporated in the impugned judgment...

Vivek Automobiles Ltd. Vs. Lord Krishna Bank Ltd. and anr.

Court: Delhi

Reported in: III(2007)BC481

A.K. Sikri, J.1. There is hardly any dispute insofar as facts of the case are concerned. To understand the question of law raised by the appellant, the factual background, in nutshell, may first be noted:2. The appellant is a car dealer, who is having agency of Fiat cars. The respondent No. 2 herein wanted to purchase Fiat Palio. The respondent No. 1 is Lord Krishna Bank (hereinafter referred to as 'the Bank'). The respondent No. 2 approached the Bank for financing the said car. The car loan for a sum of Rs. 4,87,000/- was sanctioned by the Bank on 15.5.2002, which was to carry interest @ 13.5% p.a. compounded monthly or such other rates as may be notified by the Bank from time- to-time. The respondent No. 2 was to add margin money of Rs. 1,21,844/- as the total cost of the vehicle was Rs. 6,08,844/-. The respondent No. 2 executed and delivered the loan and security documents in favor of the Bank, which included Vehicle Loan-cum-Hypothecation Agreement and demand draft, both dated 15.5...

Cit Vs. Denso India Ltd.

Court: Delhi

Reported in: [2007]292ITR502(Delhi)

Madan B. Lokur, J.1. The following substantial question of law arises for consideration:Whether the assessing officer could have imposed liability on the assessed without giving any reasons?2. The filing of paper books is dispensed with.3. We have heard learned counsel for the parties and we find from the assessment order dated 26-2-2002 that the assessing officer had included by way of deemed profit under Section 115JA of the Income Tax Act, 1961 a provision for gratuity and a provision for leave encashment. While doing so, the assessing officer gave absolutely no reason.4. Feeling aggrieved by the addition, the assessed preferred an appeal before the Commissioner (Appeals). Ordinarily, the appellate authority ought to have called for a remand report but, instead of doing so the appellate authority took into consideration the actuarial valuation submitted by the assessed and on the merits of the case came to the conclusion that the provision towards gratuity and leave encashment and w...

L.K. Indnani (Dr. ) Vs. Indraprastha Apollo Hospital

Court: Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

J.D. Kapoor, President (Oral): 1. On account of medical negligence on the part of the O.P. resulting in death of mother of the complainant, the complainant has sought compensation of Rs. 19,77,227. Allegations of the complainant, in brief, are that his mother was admitted in Department of Cardiology, Safdarjung Hospital on 17.11.1997 and was diagnosed to be suffering from unstable Angina and Hypothyroidism. The Echo-cardiogram was done on 18.11.1997 and Ejection fraction was found to be 68% by the Safdarjung Hospital. Thereafter the specialist of the Hospital referred the case to Apollo Hospital for further treatment. 2. That the deceased was admitted with the O.P. on 24.11.1997 evening. The CABG operation took place on 26.11.1997 morning. On 29/30.11.1997 she was shifted to the ward. In the ward, she was made to walk a little but she developed drowsiness, sweating and blackening of face leading to collapsed state, therefore, she was shifted back to ICCU and was put on ventilator on 1....

Ansari Hospital and Another Vs. NitIn Kumar and Others

Court: Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

J.D. Kapoor, President (Oral): 1. Appellant No. 1-hospital has no licence nor has it an ICU facility. One young woman Smt. Ritu @ Puja Verma felt pain in the right side of her abdomen and shifting pain in right side of lower back. Respondent Dr. Arvind Kumar prescribed some medicines to her and advised some clinical tests. On examining the tests report, he advised the unfortunate woman to go for operation for removal of gall bladder stone. Dr. Arvind Kumar arranged to undertake the operation by means of laparoscopic method in appellant No. 1 hospital against payment of Rs. 20,000. She was taken to the operation theatre at around 9.15 a.m. and after about an hour an ambulance was called from Bhagat Hospital as there was some complication in the midst of the operation as she developed rashes on her body and her blood pressure lowered considerably requiring immediate management. Since there was no facility available in the appellant No. 1 hospital, she was taken to Bhagat Hospital. On rea...

Shri Bharat Kumar JaIn Alias Shri Vs. Cc

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2007)(120)ECC160

1. The appellant challenges the order of the Commissioner of Customs made on 10.02.2005 imposing penalty of Rs. 2 lacs on him under Section 112(b) of the Customs Act, 1962.2. According to the Revenue, acting on the information received by the Superintendent of Police, Distt. Pali, on 03.05.1991 that a consignment of smuggled silver belonging to Basant Raj Jain (since deceased) was lying in the premises of Gajraj Ginning and Oil Mills, Rani, the Police Officers raided the premises. At that time, in the presence of two independent panch witnesses, both Basant Raj and the present appellant, Bharat Kumar Jain, voluntarily disclosed that they had secreted 24 slabs of smuggled silver under the gravel (Bajri) lying in a portion of the mill. Basant Raj and Bharat Kumar Jain (the present appellant), in the presence of panch witnesses, removed the gravel from surface and took out 24 silver slabs, each wrapped in jute packing. These silver slabs were got weighed on the spot and their purity was ...

WIn Medicare P. Ltd. Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2007)(119)ECC202

1. The appellant seeks final disposal of the matter on the ground that it is covered by the decision of the Larger Bench in Grasim Industries v. CCE, Indore reported in AIT 2007-41-CESTAT -LB. Therefore, the appeal is taken up for final hearing at the instance of both the sides.2. The appellant has challenged the order dated 20.12.06 of the Commissioner to the extent to which he has imposed condition of reversal of cenvat credit taken on inputs used in the manufacture of P or P medicines proposed to be destroyed.3. A stock of PP medicines was claimed by the appellant as unfit for consumption and marketing. Remission of Central Excise duty was, therefore, sought in respect of the stock proposed to be destroyed. The Commissioner finding that it was unfit for consumption and marketing because the medicines had crossed their expiry dates, held that this was fit case for remission of excise duty on the stock of expired P or P medicines. Accordingly, remission of duty amount of Rs. 5,11,822...