Delhi Court September 2007 Judgments

Jaypee Rewa Plant Vs. Commissioner of C. Ex.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

The demand is confirmed after denying credit in respect of input service. The credit is availed by the Regional marketing office which was distributed to the manufacturing units. The contention is that the Regional marketing office activity of marketing of goods is in relation to the manufactured goods.2. In these circumstances, as the service tax is paid by the Regional marketing office and Regional Marketing office is doing the activity of marketing of final product, therefore, the appellants have a strong case. Pre-deposit of duty is waived. The stay petitions are allowed....

Jorden Electronics and anr. Vs. Bombino Video (P) Ltd.

Court: Delhi

Reported in: LC2007(3)361; 2007(35)PTC854(Del)

Gita Mittal, J.1. This application under Order 39 Rules 1 and 2 Code of Civil Procedure has been filed by the plaintiff in its suit for mandatory and permanent injunction, declaration, rendition of accounts, damages and delivery of infringing material urging infringement of the plaintiff's copyrights in respect of 23 Hindi films. The plaintiff has asserted exclusive rights based on purported assignments of copyright in favor of the plaintiff by producers and alleged copyright holders therein.2. The claim of the plaintiff is vehemently disputed by the defendant who has taken a strong objection even to the maintainability of the lis, as the suit has been filed without joining the producers of the films. The defendant has also set up a claim of having exclusive copyright in five of the films relying on agreements in its favor.3. I have heard learned Counsel for the parties at great length and considered the material on record. In order to adjudicate on the respective contentions and the m...

Smt. Narinder Pal Kaur Chawla Vs. Shri Manjeet Singh Chawla

Court: Delhi

Reported in: AIR2008Delhi7; 148(2008)DLT522; I(2008)DMC529

A.K. Sikri, J.1. The appellant herein is duped by the respondent. The respondent who was already married to one Amarjeet Kaur suppressing this marriage and pretending that he was still a bachelor, married the appellant on 11.12.1977, according to Sikh rites and ceremonies at Jalandhar. Both of them lived as husband and wife for number of years at the matrimonial house, i.e. A-447, defense Colony, New Delhi. Two daughters were born out of this wedlock, on 18.2.1981 and 31.5.83 respectively. According to the appellant, she decided to complete her B.A. Degree, which she had left incomplete earlier before marriage. thereforee, she picked up her studies again. In April 1991, she went to Paghwara, Punjab, to take the exams. On 13.6.1991 when she returned, her mother-in-law did not allow her to go inside the house. She was, thus, deserted by the respondent. At that time she came to know that the respondent was already married to Smt. Amarjeet Kaur.2. The appellant did not swallow this insult ...

Shaukat Ali Vs. State

Court: Delhi

Reported in: 2008CriLJ795

R.S. Sodhi, J.1. Criminal Appeal No. 739 of 2003 seeks to challenge judgment and order of the learned Additional Sessions Judge, New Delhi, in Sessions Case No. 16 of 2002, arising out of FIR No. 555 of 2001, registered at Police Station Okhla Industrial Area, whereby learned Judge vide his judgment dated 7-8-2003 has held the appellant, Shaukat Ali alias Bechan, guilty under Section 302, IPC for murder of Shamshad. Further, vide separate order dated 7-8-2003, has sentenced the appellant to imprisonment for life together with fine of Rs. 500/- under Section 302 IPC and in default of payment of fine, further Simple Imprisonment for three months.2. Brief facts of the case as have been noted by learned Additional Sessions Judge in his judgment under challenge are as follows:.that one Shamshad was admitted in AIIMS hospital by one Javed, a tea vendor, R/o D-637, Indra Kalyan Alla Mohalla, Phase-I, Okhla, in injured condition. On examination, Shamshad was declared dead. This information was...

Rishipal Vs. Administrative Civil Judge

Court: Delhi

Reported in: 147(2008)DLT343; 2008(2)SLJ503(Delhi)

Hima Kohli, J.1. With the consent of the counsels for both the parties, the matter is being heard and disposed of at the admission stage.2. The present petition has been filed by the petitioner praying inter alias for a writ of certiorari for quashing the petitioner's termination order dated 7th April, 2006 and to direct his reinstatement with full salary and service benefits of back wages.3. Facts of the case in brief are that while working as a Process Server in Civil Nazarat Branch, Tis Hazari Court, Delhi, two departmental enquiries were initiated against the petitioner for non-return of summons in two separate cases, being probate case Nos. 105/2001 and 363/1995. After framing of charge sheet, the inquiries in the matters were conducted by two enquiry officers, and in their separate inquiry reports dated 21st February, 2004 and 1st August, 2005, it was held that the charges against the petitioner stood wholly proved. A copy of the Inquiry Report was supplied to the petitioner as p...

Commissioner of Income Tax Vs. Turner International India P. Ltd.

Court: Delhi

Reported in: (2008)217CTR(Del)398; [2008]297ITR373(Delhi)

1. The Revenue is aggrieved by an order dated February 2, 2007, passed by the Income-tax Appellate Tribunal, Delhi Bench 'E' in I.T.A. No. 1070 (Delhi) of 2005 relevant for the assessment year 2001-02.2. The Revenue has raised two issues before us. The first issue relates to depreciation claimed by the assessed on the decoders owned by it but given on loan to various cable operators.3. It appears that the assessed owns decoders for decoding television signals. Some of the decoders are sold on deferred payment basis, while others are loaned to cable operators and an amount is charged by way of subscription fees. The assessed retains full control over the decoders in terms of the agreement entered into by it with the cable operators. If there is any default in payment by the cable operators, the assessed is entitled to deactivate the decoders so that signals are not received by the cable operators.4. According to the Revenue, even though the decoders are owned by the assessed, they are n...

S.K. Star Cable Network Vs. Cce

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2008)12STJ70CESTATNew(Delhi)

1. The applicant filed this application for waiver of pre-deposit of amount of Service Tax of Rs. 90,593/- and penalties. The demand was raised in view of the statement made by Shri Gopesh Arora, Director of M/s Rajasthan Telematics Ltd. systems of the Multi Systems Operator.Shri Gopesh Arora, in his statement dated 27.5.04 submitted that the applicant had made payment on the basis of 500 cable connections.2. The contention of the applicant is that subsequently M/s Rajasthan Telematics Ltd. clarified vide letter dated 7.6.04 that actually there were 225 connections and bills were recalculated on the basis of 225 connections. The contention is that this evidence produced before the lower authority but had not taken into consideration.3. I find as the applicants are having 225 connections and are paying Service Tax on the basis of this and Multi System Operator also subsequently recalculated the earlier bills on the basis of 225 connections.4. Therefore, the pre-deposit of amount of Ser...

R.S. Sharma S/O Shri Late Shri Khan Vs. Kendriya Vidyalaya Sangathan

Court: Central Administrative Tribunal CAT Delhi

1. In this OA, applicant impugns order dated 6.6.2007 whereby he has been transferred from Kendriya Vidyalalya BSF Chhawla to Kenridya Vidyalaya No.4 Bhatinda.2. In October, 1993, applicant, who is a PGT, after promotion as Principal was posted at Kendriya Vidyalaya (KV) Samba (J&K) and served there till October, 1998. Then he was transferred to KV Bulandsahar and thereafter in 1999 to KV No.2 Sagar where he worked till January, 2001.While serving in that school, he was wrongly punished and compulsorily retired. After authorities realized their mistake, he was reinstated in 2001 and sent to KV Haflong, North East where he served for 4 years. In July, 2005 under the category of LTR, i.e., last three years of service, he was transferred to Delhi.3. The applicant also contends that after the orders of the Tribunal passed in OA No. 2428/2006 was disposed of in his favour with a direction to re-examine the matter had led to a situation where the authorities were not well disposed towar...

Shri Satyadev S/O Shri Kartara Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Delhi

1. By this O.A. applicant has sought a direction to the respondents to appoint him on compassionate ground by quashing order dated 22.07.2003.2. It is submitted by applicant that his brother died on 26.10.1998 while in harness leaving behind applicant and his younger sister.Applicant applied for compassionate appointment as there was no other source of income. However, ignoring his case compassionate appointment was given to one Shri Mahavir S/o Shri Diwan Singh who was also 7th pass but applicant's case was rejected in July 2003 on the ground that applicant was only 7th pass therefore he has been discriminated against and given a step-motherly treatment without any justification.Similarly, Shri Kala was given appointment at the age of 35 whereas frivolous objections are being raised in case of applicant. Applicant is entitled to be considered as he falls within the definition of family.3. Respondents have opposed the O.A. They have explained that the employee was a bachelor when he d...

Morion Chemicals Ltd. and ors. Vs. Uco Bank Ltd. and ors.

Court: DRAT Delhi

Reported in: I(2008)BC46

1. The respondent Nos. 2 to 4 (M/s. Morion Chemicals Ltd., Mr. Jai Bhagwan Bansal and Mr. Sanjay Bansal respectively) in S.A. No. 3/2007 (pen ding before the Tribunal below) have filed this miscellaneous appeal against the order dated 23.5.2007 passed by the Tribunal below dismissing their IA No. 140/2007.2.1 have heard Mr. Deepak Arora, learned Counsel for the appellants as well as Mr. Rajesh Rattan, learned Counsel for the respondent Bank.3. The relevant facts may be stated briefly. The appellant No. 1 (M/s.Morion Chemicals Ltd.) is a company incorporated under the Companies Act. Appellant Nos. 2 and 3 (Mr. Bhagwan Bansal and Mr. Sanjay Bansal) are the Directors of the appellant No. 1 company. They are mortgagors also. Certain loan and credit facilities were sanctioned to the appellant No. 1 by the respondent-Bank Mr. Sunil Dutt Bansal, respondent No. 3 herein is also said to be the Director and mortgagor who allegedly committed certain financial irregularities including diversion o...