Delhi Court May 2007 Judgments

Dr. Prem Lata Vs. Govt. of Nct of Delhi and anr.

Court: Delhi

Reported in: 140(2007)DLT270

Kailash Gambhir, J.1. By way of this writ petition the petitioner is seeking directions against the respondents to appoint her as Member (Female), District Forum, Delhi pursuant to advertisement dated 06.04.2006. The facts of the case as set out in the petition are that the petitioner was earlier selected for the post of Member (Female), District Forum, Delhi on which post she continued to work till 18.10.2006. In the meantime, on 06.04.2006 respondent No. 2 through an advertisement invited applications from the suitable candidates for appointment on the post of Member (Female), District Forum, Delhi. The total number of existing vacancies were three and the last date of receipt as notified in the advertisement was 21.04.2006. In the month of April, 2006 the petitioner had gone abroad when the said advertisement was published and she had applied against the said post vide her application dated 01.05.2006 after coming back to India on 28.04.2006. The petitioner had submitted her applica...

Keshav Tyagi Vs. State

Court: Delhi

Reported in: 2007CriLJ3633; 140(2007)DLT672

P.K. Bhasin, J.1. These two appeals have been filed by the two appellants challenging their conviction under Sections 120-B IPC, 452/120-B, 392/120-B and 302/120-B IPC by the Additional Sessions Judge, Delhi vide his judgment dated 07-09-1999 in Sessions Case No. 1/98 arising out of FIR NO. 168/95 registered at Preet Vihar police station. They have also challenged the order dated 21-01-99 whereby both of them had been awarded different sentences for each of the offences of which they were found guilty. Since both the appeals arose out of the same judgment of the trial Court and were heard also together we are disposing of the same by a common judgment.2. The facts leading to the conviction of the two appellants are like this: On 06-07-95 a robbery took place at house No. B-97, Swasthya Vihar, Delhi during the day time and while committing the robbery the robbers killed an old couple who was present in the house. That couple was living in the house along with their son (PW-1 Kishan Lal ...

Sh. Girl Raj Singh S/O Shri Samar Jeet Singh Vs. University of Delhi T ...

Court: Delhi

Reported in: 140(2007)DLT267

Kailash Gambhir, J.1. By way of this writ petition the petitioner has sought writ order or direction in the nature of mandamus against the respondent/University of Delhi for recruitment of the petitioner on the post of Office Boy-cum-Attendant and to treat him in the services from his initial date of appointment along with all consequential benefits. The brief facts as set out by the petitioner in the present petition are that he was employed in the examination store, South Delhi Campus of University from 18.03.1989 to 18.05.1989 on the post of Office Boy. The petitioner has also worked in the same capacity after a short gap from 24.05.1989 to 22.06.1990 in General Branch, South Campus of the respondent-University and then again from 18.04.1993 to 17.09.1993 in Central Office of the respondent-University. The petitioner has further stated that in the year 1998 on the basis of his experience he had applied for the regular post of the Attendant and in furtherance to his application, the ...

Virender Singh Vs. Mcd

Court: Delhi

Reported in: [2007(115)FLR387]

Hima Kohli, J.1. This writ petition has been filed by the petitioner praying inter alias for directions to the respondent to appoint the petitioner on compassionate ground.2. The case of the petitioner is that father of the petitioner was made to retire on medical ground by the respondent/MCD on 03-09-90. Thereafter, pension was being paid to the wife of the deceased employee and the mother of the petitioner, namely, Smt. Kela Devi. The mother of the petitioner expired on 04-02-03. At the time of the death of father of the petitioner, the petitioner was aged 13 years. On 03-03-05, the petitioner applied to the respondent/MCD for being appointed on compassionate ground. It is stated that vide order dated 09-03-07 the MCD erroneously rejected the request of the petitioner for being appointed on compassionate ground. The reason stated in the rejection letter is that the case of the petitioner did not come under the rules.3. Apart from the aforesaid letter of rejection, the petitioner has ...

The Commissioner of Income Tax-v Vs. Oracle Software India Ltd.

Court: Delhi

Reported in: (2007)211CTR(Del)60; [2007]293ITR353(Delhi)

Madan B. Lokur, J.1. The Revenue is aggrieved by an order dated 28th October, 2005 passed by the Income Tax Appellate Tribunal, Delhi Bench B (for short the Tribunal) in ITA Nos. 328D/98, 1783/D/99 and 916/D/2000 relevant for the assessment years 1994-95 to 1996-97.2. Although three issues arose before the Tribunal, we are really concerned with two issues that have been urged by the Revenue.3. The assessed is a 100% subsidiary of Oracle Corporation, USA and was incorporated with the object of developing, designing, improving, producing, marketing, distributing, buying, selling and importing of computer software. The assessed is entitled to sub-license the software developed by Oracle Corporation, USA to its local clients.4. The assessed imports master copies of the software from Oracle Corporation, USA. These are then duplicated on blank discs, packed and sold in the market along with the relevant brochures and information by way of a sub- license. The assessed pays a lump sum amount t...

Mrs. Poonam Malhotra (Tamar) Vs. Arya Model School and anr.

Court: Delhi

Reported in: 140(2007)DLT248; [2007(114)FLR1086]

Kailash Gambhir, J.1. Rule. With the consent of counsel appearing for the parties the matter is taken up for final hearing. 2. The petitioner who got employment as a nursery teacher with respondent No. 1 school is aggrieved with the order dated 24.03.2004 passed by respondent No. 2, the Directorate of Education, Government of NCT of Delhi. The petitioner has sought quashing of the said order and has claimed reinstatement with full back wages and other perks/allowances etc. against respondent No. 1 school. The brief background of facts necessary for deciding the present writ petition inter-alia are that earlier the petitioner had filed a writ petition bearing CWP No. 7538/2003 on the same grounds and vide orders dated 18.11.2003 this Court in CWP No. 7558/2003 and CMP No. 12863/2003 gave the following directions:Counsel for the petitioner concedes that the offending acts of the respondents have not been brought to the notice of the Directorate of Education who, under the Delhi School Ed...

Asha Devi and anr. Vs. Commissioner of Income Tax and anr.

Court: Delhi

Reported in: (2007)212CTR(Del)475; [2007]291ITR496(Delhi)

Madan B. Lokur, J.1. Some jewellery valued at Rs. 7,41,836/- belonging to the Petitioners were seized by the Respondents. According to the Petitioners the present value of the jewellery is about Rs. 16 lacs. Be that as it may, block assessment proceedings were initiated against the Petitioners and the admitted position is that whatever demands were raised in terms of the block assessment, the same were paid and all the liabilities discharged. The grievance of the Petitioners is that notwithstanding this, the Respondents have retained the jewellery belonging to them.2. Notice was issued by this Court and in response thereto the Respondents have filed an affidavit in which it is stated that it is difficult to distinguish the jewellery belonging to Petitioner No. 1 (wife) as against the jewellery belonging to Petitioner No. 2 (husband). The additional reasons for retaining the jewellery is that an appeal under Section 260A of the Income Tax Act, 1961 has been filed in respect of block ass...

Cit Vs. H.C. Chandna (P.) Ltd.

Court: Delhi

Reported in: [2008]299ITR429(Delhi)

ORDER1. The revenue is aggrieved by an order dated 19-2-2003 passed by the Income Tax Appellate Tribunal, Delhi Bench 'C in IT (SS) Nos. 44,45, 48 and 49 (Delhi)/97 relevant for the block period 1-4-1985 to 22-2-1996.2. The Tribunal allowed all the four appeals and in respect of one of them(IT(SS) 49 (Delhi)/97), the revenue preferred an appeal under Section260A of the Income Tax Act, 1961 being ITA No. 178/2004. By an order dated 26-4-2004 the Division Bench came to the conclusion that no substantial question of law had arisen in the matter. Accordingly, the appeal was dismissed.3. Independent of that decision we have examined the facts in the present appeals with regard to the substantial questions of law proposed by the revenue.4. It appears that a search and seizure operation under Section 132 of the Act was conducted in the residential and business premises of the assessed on 22-2-1996. Among the documents recovered were a' register with reference to some cancelled and blank bills...

Amar Singh Vs. State

Court: Delhi

Reported in: 2008CriLJ304

ORDERS. Ravindra Bhat, J.1. In this revision under Sections 397/401, Criminal Procedure Code, the petitioner challenges the concurrent findings of the Courts by which he was convicted of the offences under Sections 279/304-A, Indian Penal Code (IPC) and sentenced to undergo six months' simple imprisonment (for the offence under Section 279) and one year's simple imprisonment (for the offence under Section 304-A).2. The facts are that according to the prosecution on 13-9-1999 at 10 a.m., at a main 100 ft. road, the petitioner was found ' driving a bus in a rash and negligent manner. This led to an accident in which one Joginder Singh, a by-stander, in the bus stand, was struck and received fatal injuries. In support of its case, the prosecution relied upon the deposition of 12 witnesses. It was alleged that a Constable, one Niranjan (P.W. 11) removed the injured to the hospital. Being an eye-witness, he deposed about his presence on duty at the concerned bus stand when at about 10 : 10 ...

indus Tubes Limited Vs. Commissioner of C. Ex.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

1. The appellant in this case have challenged the order of Commissioner (Appeals) dated 26-7-2005 under which it has been held that the services rendered by the appellant were of real estate agent, as upheld in the Order-in-Original dated 21-3-2005 by the Assistant Commissioner.The learned Assistant Commissioner in his order had observed about the activities of the appellant which rendered them liable to service tax in the following manner: In the instant case, I find that the activities committed by them and which were admitted by the party to have performed such activities are covered, are very much covered under the definition of Service Tax Act, 1994 as amended vide Notfn. No. 53/98-S.T. dated 7-10-98 in the category of 'Real Estate Agent'. The definition as detailed in Section 65(74) of the said Act specifies that real estate consultant means a person who renders in any other manner directly or indirectly, advice, consultancy or technical assistance in relation to evaluation conc...