Delhi Court January 2008 Judgments

Cce Vs. New India Electric Works

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2008)13STJ40CESTATNew(Delhi)

1. Heard learned SDR and considered the written submission submitted by the respondent vide letter dated 23^rd January 2008.2. In this case, show cause notice was issued to the respondent for demand of Service Tax on the ground that respondent provided the maintenance and repair service. The Adjudicating Authority confirmed the demand and imposed the penalties. The respondent filed appeal and Commissioner (Appeals) set aside the demand on the ground that the contract in question is only a rate contract other than the maintenance contract.3. With the written submission, respondent filed the copies of the contract. We have gone through the contract, the contract is for routine/break down and capital maintenance of H.T. Motors and routine and break down maintenance of L.T. Motors. In the schedule of prices, it is also for maintenance of the H.T. Motors. In view of the terms contract, copy of which is produced by the respondent, the contract is not only for repair, it is a maintenance con...

Kipps Education Centre Vs. Commissioner of C. Ex.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

2. The applicant filed this application for waiver of tax and penalty of equal amount. The applicant is engaged in providing commercial training and coaching services. The tax is levied on the basis of computer data corroborating with amount of Rs. 3,50,000/- surrendered to the Income Tax Authorities. It appears that the said amount is related to the coaching services and accordingly tax was demanded.3. I, prima facie, find that the tax is levied on the basis of presumption, which is not permissible in law. Accordingly, the pre-deposit of tax and penalty is waived till the disposal of the appeal. The stay application is allowed....

R.K. Sharma S/O Late Sh. Jai Gopal Vs. the Commissioner, Kendriya

Court: Central Administrative Tribunal CAT Delhi

1. By this OA, applicant has sought a declaration that action of respondents in not considering and finalizing the case of applicant for voluntary retirement is bad in law. Counsel for applicant specifically stated at Bar that all that applicant wants is that his application given on 3.5.2002, seeking voluntary retirement (Page 16A), should be decided finally by the respondents either way.2. The facts of the case as narrated by the counsel for applicant are that he was initially appointed as T.G.T. with respondents in the year 1999 and was promoted as P.G.T. in 1986. In the year 2000, he was selected as Principal in some other organization and was allowed by the respondents to retain lien for 2 years vide their letter dated 13.3.2000 (Page 13A). He was relieved on 15.3.2000 (Page 14) and joined as Principal in Janta Inter College, Ahmadpur (Saharanpur), Department of Education, Government of UP.3. It is stated by the applicant that he was absorbed as Principal vide letter dated 29.03....

Shri Shakeel Ahmed Qureshi S/O Vs. Govt. of Nct of Delhi Through Chief

Court: Central Administrative Tribunal CAT Delhi

1. A Notification dated 26.10.2004 whereby an amendment had been brought to the Recruitment Rules of the Irrigation and Flood Control Department, in so far as it relates to the post of Junior Engineer (Civil), is under challenge. The applicants respectively are Draftsman Grade-III and Draftsman Grade-II working in the Department. Persons in the category of applicants could not have aspired for promotion as Junior Engineers as the channel of promotion was different. But initially kindling their hopes, it appears, a proposal had been mooted at the instance of the Secretary as well as Chief Engineer of the Department whereby modification in the Recruitment Rules had been suggested, and if carried out, it would have been possible for Draftsman also to be considered for promotion as Junior Engineers. The applicants have given the details as following.2. The earlier rules provided that 95% of the posts of Junior Engineer were to be filled by direct recruitment and 5% from departmental candi...

Asi Kamrussayeed S/O Sayeed Ahmed Vs. Government of Nct of Delhi Throu ...

Court: Central Administrative Tribunal CAT Delhi

1. ASI Kamrussayeed, the applicant herein, has filed this Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking to set aside the order Annexure A-1 dated 20.8.2007 and in consequence thereof to direct the respondents to consider him for promotion to the post of SI/MT subsequent to the year 1996 and promote him whenever found fit, with all consequential reliefs.2. Brief facts on which the applicant has sought to rest his case for promotion to the post mentioned above, reveal that he was appointed as ASI Fitter Grade I (Electrician) on 21.2.1990. It is his case that this Tribunal in its judgment recorded in OA No. 464/2005 decided on 15.2.2006 in the matter of ASI Narender Anand v. Government of NCT of Delhi and Ors. held that SI (MT) is the promotional post to ASI (MT) Fitter Grade I (Electrician). It was further held that recruitment rules to the post of SI MT do not make any distinction between ASI (MT) Operational and ASI (MT) Fitter Grade I (Electr...

Urmila Vs. the State of Nct of Delhi

Court: Delhi

Reported in: 147(2008)DLT644; 2008(101)DRJ20

G.S. Sistani, J.1. The appellant has challenged the judgment of the Additional Sessions Judge dated 28.3.2007 and order of sentence dated 30.3.2007 by virtue of which, appellant has been convicted under Sections 365/302/120B IPC and sentenced to undergo imprisonment for life with fine of Rs. 500/- and in case the appellant fails to pay fine, SI for 15 days.2. The story of the prosecution is that deceased-Kanhaiya Lal was the husband of the appellant. The couple was residing at A-64 Gali No. 6, Om Nagar, Meethapur, Badarpur; one Anil also used to reside with the couple in the said premises. A case was registered by the Police Station Badarpur under Section 365 IPC on 8.12.2002, on the basis of a complaint made by the brother of the deceased- Sh. Hari Lal Bharti. As per his complaint to the Police, he had received a telephone call on 6.12.2002 from one Nand Kishore Giri, informing him that his brother, Kanhaiya Lal was not present at his house for the last one and a half months; and the ...

Tek Chand Singh Memorial Siksha Samiti Vs. Govt. of Nct of Delhi and o ...

Court: Delhi

Reported in: 150(2008)DLT477; 2008(101)DRJ625

Gita Mittal, J.1. This writ petition has been filed by the petitioner seeking a direction to the respondent No. 2 to revalidate a no objection certificate dated 28th May, 2003 for commencement of the B.Sc. (MLT) course for the academic session 2004-2005 and a direction to the Guru Gobind Singh Inderprastha University, respondent No. 3 herein, to grant affiliation to the petitioner to run a B.Sc.(MLT) programme for the same session in terms of its letter dated 27th January, 2004 and compensation. The petitioner, a society registered under the Societies Registration Act, 2002 on 16th December, 2002, is claimed to be consisting of a group of qualified medical practitioners and educationists. Pursuant to a press release issued by the Government of NCT of Delhi in October/November 2002 with regard to issuance of no objection certificate for commencement of courses including para medical courses by new institutes for the academic session 2003-2004, the petitioner submitted three applications...

Smt. Nirmala Devi and anr. Vs. General Manager and ors.

Court: Delhi

Reported in: 2008ACJ1254

Kailash Gambhir, J.1. By way of the present appeal, the appellant seeks to challenge the impugned Award dated 3.9.2005 whereby a sum of Rs. 3,50,000/- has been awarded in favor of the appellants and respondent No. 4. The appellants who are parents of the deceased have claimed enhancement in the compensation amount over and above the amount as awarded by the Tribunal. Brief summary of the facts of the case to deal with the contentions of the parties are:That on 24th September, 2003 at about 5.00 p.m. the deceased Om Singh @ Rinku with his father was crossing road Near C. Lal and Sons Gas Agency, outer Ring Road,Delhi when in the meantime a bus bearing No. PB-06-B-3510 being driven by Bakhsis Singh came from wrong side in a rash and negligent manner and hit the deceased. As a result of the accident he fell down and right wheel of the bus passed over his head and he died on the spot. Respondent No. 4 has filed a claim petition before the Tribunal.2. Counsel appearing for the appellants ha...

Kamaljeet Singh (In Judicial Custody) Vs. State

Court: Delhi

Reported in: 148(2008)DLT170; 2008(101)DRJ582

Reva Khetrapal, J.1. By this appeal filed under Section 12 of the Maharashtra Control of organized Crimes Act, 1999 (for short the MCOCA), the appellant seeks to assail the order on charge dated 12th October, 2006 and the charge dated 3-11-2006 whereby the learned Special Judge, MCOCA, New Delhi has charged the appellant under Sections 4 and 5 of the Immoral Traffic (Prevention) Act, 1956 (for short the ITP Act), Sections 3(1)(ii), 3(4), 3(5) and Section 4 of the MCOCA and Section 420 read with Section 120B of the IPC in FIR No. 96/2005, Police Station Chanakya Puri.2. The brief facts as they emerge from the record are that on 19th April, 2005, SI Sajjan Singh, on receipt of information that the appellant Kamaljeet Singh and his associate Pappi supply girls for prostitution in Five Star Hotels and carry on their business through mobile No. 9810645454 9810645454 , passed on the said information to ACP Kumar Gyanesh, who directed SI Sajjan Singh to strike a deal on the above mobile numbe...

Oriental Insurance Co. Ltd. Vs. AllauddIn and ors.

Court: Delhi

Reported in: 2008(229)ELT514(Del)

Kailash Gambhir, J.1. The appellant Oriental Insurance Co. Ltd, insurer of the offending vehicle has preferred an appeal challenging the impugned order dated 7.10.2005 passed by the learned MACT, thereby awarding total compensation in the sum of Rs. 8,39,885/-. The impugned award has arisen out of the claim petition bearing Suit No. 53/2004 filed by respondent No. 1 against the appellant as well as against respondent Nos. 2 & 3 claiming compensation for the injuries sustained by him in the accident.2. The brief facts, which are necessary for deciding the present appeal inter alia, are that on 23.8.2001 at about 4.30 A.M. the injured Shri Allauddin, who was employed as a cleaner/helper with M/s. Satpal Frieght Carrier was deputed on truck bearing registration No. HR-46-3702 and met with an accident. When the aforesaid truck reached near Village Dhundhkhera, suddenly the driver of the said truck who was driving in rash and negligent manner rammed into a DCM truck which was parked at one ...