Delhi Court December 2008 Judgments
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Bhai Analijit Singh Vs. Mitsui and Co. Ltd. and ors.
Court: Delhi
Decided on: Dec-19-2008
Reported in: AIR2009Delhi75
A.K. Sikri, J.1. The respondent No. 1 herein is the plaintiff in CS(OS) No. 593/1999 filed for recovery of money against three persons, namely, Bhai Manjit Singh, defendant No. 1(respondent No. 2 herein), Bhai Mohan Singh, Karta of Bhai Mohan Singh HUF, defendant No. 2 and Bhai Manjit Singh HUF, defendant No. 3 (respondent No. 3 herein). During the pendency of the suit Bhai Mohan Singh (defendant No. 2) passed away and in these circumstances, the plaintiff moved application under Order XXII for substituting his legal representatives. Legal representatives named in these applications are the appellants herein as well as the respondents No. 4(a) to 4(c) herein. This application has been allowed by the learned Single Judge vide orders dated 16.9.2008. The opposition of this application by the appellant herein [defendant No. 2(d)] has been repelled. Not satisfied, the appellant has challenged that order in this appeal. It is not in dispute that the appellant as well as the respondents No. ...
Aditya Khanna Vs. the Regional Passport Officer/Passport Authority
Court: Delhi
Decided on: Dec-19-2008
Reported in: 156(2009)DLT172
Gita Mittal, J.1. This writ petition has been filed by Aditya Khanna assailing the action of the respondents in revoking his passport bearing No. F 4812183 without issuance of a notice to show cause and grant of an opportunity to represent against the proposed action. The action is assailed also on the ground of malafide and that no order has been communicated to him till date.2. Certain public allegations into the administration and management of the United Nation Oil for Food Programme in Iraq were made. As a result, the United Nations Security Council appointed an independent high level inquiry headed by Mr. Paul Volcker, a former chairman of the United States Federal Reserve to look into the administration and management of the programme in Iraq. On 27th October, 2005 the Volcker Committee submitted its fifth and final substantiative report setting out the manner in which Iraq had manipulated the programme to dispense contracts on the basis of political preference and to derive ill...
Dulari Devi Vs. Municipal Corporation of Delhi
Court: Delhi
Decided on: Dec-19-2008
Reported in: 156(2009)DLT365
S. Muralidhar, J.1. The facts in these three petitions are more or less similar and therefore they are being disposed of by this common judgment.2. Writ Petition (C) No. 763 of 2008 is by Dulari Devi seeking a writ to quash an order dated 19th September 2006 passed by the Respondent Municipal Corporation of Delhi ('MCD') relieving her from service at the Leprosy Home (MCD), Tahirpur, Shahdara, Delhi. A further direction is sought to treat the Petitioner on duty with effect from that date.3. Writ Petition (C) No. 3153 of 2008 is by Avdesh Singh seeking similar relief in relation to an identical order dated 19th September 2006 relieving him from service at the Leprosy Home (MCD), Tahirpur, Shahdara, Delhi.4. Writ Petition (C) No. 3156 of 2008 is by Ajay Kumar seeking to challenge an order dated 23rd September 2006 asking him to produce proof of his appointment with the MCD prior to being posted at the Leprosy Home, MCD, Shahdara.5. Each of these Petitioners claims that they were 'appoint...
Bennett Coleman and Company Ltd. Vs. Rajan Verma and ors.
Court: Delhi
Decided on: Dec-19-2008
Reported in: (2009)154PLR26
Pradeep Nadrajog, J.1. Caveat No. 86/2008Since caveator appears the caveat stands discharged.CMI No. 17964/2008Allowed subject to just exceptions.RFA No. 486/2008 1. Learned Counsel for the parties state that a purely legal issue arises in the appeal and hence the same may be heard for disposal today itself.2. We have heard learned Counsel for the parties. We note that Rajan Verma, plaintiff of the suit has filed a caveat and advance copy of the appeal has been served upon him. He has appeared through counsel.3. Rajan Verma filed a suit seeking recovery of Rs. 3,27,000/- (Rupees Three lacs. twenty-seven thousand only) and injunction. Injunction prayed for was to prohibit 'Hindustan Times' and the publishers of the newspaper 'The Times of India' from publishing advertisements pertaining to the products of defendant No. 1-M/s Nokia India Pvt. Ltd.4. Case pleaded in the plaint was that M/s Nokia India Pvt. Ltd. was the manufacturer/importer of Nokia phones and defendant No. 2, Asian Elect...
R.K. Sharma Vs. State and ors.
Court: Delhi
Decided on: Dec-18-2008
Reported in: AIR2009Delhi81
Hima Kohli, J.1. The petitioner has filed the present petition under Section 276 of the Indian Succession Act, 1925 seeking Letter of Administration in respect of a registered Will dated 22.2.1990 executed by his mother, late Smt. Mohani Sharma who expired on 29.4.1999 in Delhi. The husband of the deceased, Smt. Mohani Sharma, Sh. Nar Singh Nath Sharma had predeceased her. She was survived by 7 daughters and 2 sons including the petitioner herein. The names of all the relations of the deceased are indicated at page 11 of the paper book (Ex.PW-1/3).2. The present petition for grant of Letter of Administration was filed on 28.2.2005. Notice in the present petition was issued on 19.7.2005, returnable on 5.9.2005. A citation of the present petition was got published in the newspaper 'The Statesman' (New Delhi Edition) dated 26.8.2005 and as one of the relations was residing in Pune, a citation was directed to be published in the newspaper, 'The Times of India' (Maharashtra Edition). The pu...
Assistant Commissioner of Income-tax Vs. Official Liquidator
Court: Delhi
Decided on: Dec-18-2008
Reported in: [2009]178TAXMAN171(Delhi)
1. The respondent-company is in liquidation and Official Liquidator has been appointed on a winding up order passed in the petition filed by the Reserve Bank of India. It seems that the respondent-company is in some liability qua Income-tax Department. In the search and seizure, conducted by the Income-tax Department, certain documents were seized which included fixed deposit receipt as well. Since the company is in liquidation, Income-tax Department filed CA No. 600/2002 seeking permission from the Company Judge to encash FDR. The learned Company Judge passed orders dated 16-10-2003 in the said application observing that since claims are yet to be invited by the Official Liquidator and the amount is lying in the Fixed Deposit Account, no effective order could be passed and the FDR shall be renewed by the bank on its maturity until further order of this Court.2. Challenging that order, the present appeal is preferred by the Income-tax Department. We are informed that in the year 2005, ...
Mahanagar Telephone Nigam Ltd. Vs. Unibros and anr.
Court: Delhi
Decided on: Dec-17-2008
Reported in: 156(2009)DLT774
Manmohan, J.1. The present appeal has been filed under Section 39 of the Indian Arbitration Act, 1940 for setting aside the judgment and order dated 5th May, 2003 passed by learned Single Judge in Suit No. 266-A/2001.2. At the outset, Mr. Madan Bhatia, learned Senior Counsel for the Respondent raised a preliminary objection to the maintainability of present appeal on the ground that under Section 39 of the Arbitration Act, 1940 appeals were maintainable only against the orders mentioned in Clauses (i) to (vi) of Section 39(1). Section 39 of the Arbitration Act, 1940 is reproduced hereinbelow for ready reference: 39. Appealable orders. (1) An appeal shall lie from the following orders passed under this Act (and from no others) to the Court authorised by law to hear appeals from original decrees of the Court passing the order:An order- (i) superseding an arbitration; (ii) on an award stated in the form of a special case; (iii) modifying or correcting an award; (iv) filing or refusing to ...
Commissioner of Income-tax Vs. SaIn Processing and Wvg. Mills (P.) Ltd ...
Court: Delhi
Decided on: Dec-17-2008
Reported in: [2009]176TAXMAN448(Delhi)
Rajiv Shakdher, J.1. The revenue has preferred an appeal under Section 260A of the Income-tax Act, 1961 (hereinafter referred to as the 'Act') against the judgment of the Income-tax Appellate Tribunal (hereinafter referred to as the 'Tribunal') passed in ITA No. 889/D/2004, in respect of, the assessment year 1990-91. The only issue raised by the revenue in the appeal, and which was considered by the Tribunal, in the impugned judgment was; whether the assessee could be permitted to deduct depreciation pertaining to the current year, amounting to Rs. 16,47,417, which is not, debited to the profit and loss account, while arriving at 'book profits' under Section 115J of the Act. Accordingly, by our order dated 28-11-2008, we had framed the following substantial question of law:Whether the Income-tax Appellate Tribunal was correct in law in allowing depreciation of Rs. 16,47,417 in computation of book profits under Section 115J, even though it was not debited in the profit and loss account,...
Dr. Vimla Balani D/O Vishan Das W. Balchandani Vs. Sh. Jai Krishan Bal ...
Court: Delhi
Decided on: Dec-17-2008
Reported in: 158(2009)DLT75
V.B. Gupta, J.1. This appeal has been filed by appellant under Section 28 of Hindu Marriage Act, 1955 (for short as Act') against the judgment and decree dated 7th November, 2007 passed by Shri Gurdeep Singh, Additional District Sessions Judge, Delhi, vide which the Trial Court has allowed the respondent's petition in his favour and against the appellant.2. Aggrieved with the impugned judgment, the appellant-wife has filed the present appeal.3. The brief facts of this case are that parties to the appeal were married on 19th November, 1956 according to the Hindu Rites and ceremonies. Respondent who had joined the Indian Police Services in 1953 was posted at Jodhpur at the time of marriage as Superintendent of Police. The respondent was the only son of his parents and his mother was ailing with high blood pressure and needed care and attention of the parties.4. The appellant since the inception of marriage did not show any inclination to remain with the respondent in the matrimonial home...
Chander Dev Rai Vs. the State (Nct of Delhi)
Court: Delhi
Decided on: Dec-17-2008
Reported in: 2009CriLJ1931; 156(2009)DLT229
Anil Kumar, J. 1. The appellant in the present appeal has challenged his conviction under Section 376 of Indian Penal Code and his sentence of life imprisonment and a fine of Rs. 10,000/- in FIR No. 832 of 1992, Police Station Shalimar Bagh, Delhi imposed by the learned ASJ, Tis Hazari Courts, Delhi.2. The case of the prosecution was that on 28th November, 1999, Shri Ram Bahadur, father of the two-year old prosecutrix, Pooja had come to House No. 564, Gali No. 6, Ambedkar Nagar, along with his wife to attend the Chati ceremony at the house of the son of his Chacha, named Pramod. On the said day, at about 7.00 PM, Shri Ram Bahadur found his daughter missing from the house. He along with other family members tried to search her but could not find her. At about 9.45 PM the cries of Pooja were heard coming from the house of the appellant which was in Gali No. 6, Haidar Pur, Delhi.3. When Shri Ram Bahadur, father of Pooja, came to House No. 565 of the appellant, he found Pooja wrapped in a ...
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