Delhi Court February 2008 Judgments

Espn Stars Sports Vs. Global Broadcast News Ltd. and ors.

Court: Delhi

Reported in: LC2008(2)75; 2008(36)PTC492(Del)

S. Ravindra Bhat, J.IA No. 1469/2008 (Under Order 39 Rules 1 and 2 CPC)1. The plaintiff has sought permanent injunction against the defendants to restrain them from utilizing the footage of plaintiff, in the matches played, and to be played during the India-Australia test matches, 2020 series and the tri-series One day internationals involving Sri Lanka, India and Australia, without obtaining its prior permission and in violation of the plaintiff's terms and conditions and from utilizing the footage from the television for any television programme, except for regularly scheduled news bulletin, in excess of 30 seconds per bulletin and a total of two minutes per day and from carrying any advertisements before, during and after such footage. An ad-interim injunction to the same effect has also been sought.2. The plaintiff, ESPN Star Sports is a general partnership under the laws of the State of Delaware, United States of America. Its beneficial owners are Star Group Limited (50%) and ESPN...

Time Warner Entertainment, L.P. and ors. Vs. Sudhir Shivram Jadav

Court: Delhi

Reported in: 148(2008)DLT119; LC2008(2)249

S. Ravindra Bhat, J.1. In the present suit the Plaintiffs seek decree of permanent injunction, restraining the Defendant from infringing their copyright, from using any unlicensed copies of their works and also to direct the defendants to hand over infringing copies and plates as well as to render accounts of the profits made by it.2. The relevant facts of the case are as follows. The plaintiffs are nine Corporations incorporated in the Unites States who, either themselves and/or their associated and affiliated companies carry on business of film production; they are owners, co-owners, assignees, licensees of rights, titles and have interests in and to the copyrights in the films produced by them. The Plaintiffs' films are widely distributed in formats such as Video Cassettes, Video Compact Discs (VCD), Laser Discs (LD) and Digital Versatile Discs (DVD). The Defendant, a video library, regularly sells and gives on rent and hires well-known Indian titles through their outlet or by way h...

Rakesh JaIn S/O Shri A.K. JaIn Vs. the State of Nct of Delhi Through M ...

Court: Delhi

Reported in: 2008(101)DRJ714

V.B. Gupta, J.1. Petitioner is seeking anticipatory bail in this case.2. The brief facts of this case are that the present petitioner along with his co-accused Mr. S.N. Sharma floated a company under the name and style of M/s Boutanika Infrastructure Pvt. Ltd. They were not having sufficient land and in spite of that they got money from the investors by making false assurances. Both of them mislead the investors stating that they are the fastest growing company whereas the record shows that company was incorporated only on 11th May, 2006. Further, it was also projected that they have 280 acres of land for the township and the minimum requirements of 150 acres of land for getting the license, whereas, in fact they were having only a few acres of land which was purchased by them. It goes on to show the deep-rooted conspiracy to cheat the investors and they have duped the investors of their hard earned money.3. It has been contended by learned Counsel for the petitioner that the complaina...

Delhi Transport Corporation Vs. Smt. Kamla Devi and ors.

Court: Delhi

Reported in: AIR2008Delhi157

Kailash Gambhir, J.1. By way of this appeal, the appellant seeks to challenge the impugned award dated 10.10.2006 whereby an award of Rs. 4,80,000/- was passed by the tribunal in favor of claimant/respondent. Brief summary of the facts to deal with the contentions raised by the parties are as under:On 11.12.1992 Shri Ram Mehar Singh, driver was performing his duty on DTC Bus No. DBP-6233 from Punjabi Bagh to Lajpat Nagar at Ring Road. He was driving the bus very carefully and cautiously on the correct side of the road. At about 5:40pm when the bus reached Palika Bhavan, R.K. Puram, one pedestrian came running from the central verge/divider without taking care of the flow of the traffic on the road and allegedly fell against the right rear side of the bus and received injuries. The injured was admitted by the driver in the Safdarjung Hospital on the same day i.e. 11.12.1992. thereafter, the injured was discharged from hospital and was readmitted in the same hospital on 04.01.1993. He ul...

Agrimas Chemicals Ltd. Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2008)10STR424

1. This appeal has come up for hearing for the point of waiver. The dispute relates to Service Tax for the period May to September, 2005.The case of the appellant/assessee is that excess payment had been made in the month of April, 2005 which could be adjusted against the tax liability for the period in question and, therefore, there was nothing outstanding against the appellant. Reference was made to provisions of Sub-rule (3) of Rule 6 of the Central Excise Rules, 1994 (sic) (Service Tax Rules, 1994).2. On behalf of the Revenue, it was submitted that the adjustment referred to in Rule 6(3) pertains to the advance payment of Service Tax where the services were not rendered. He submitted that excess payment, if any, could be refunded to the appellant, but it cannot claim adjustment.3. The outstanding demand against the appellant is Rs. 76,825/- and I am of the view that stay of demand will not result in Revenue loss. In these circumstances, the pre-deposit of the amount is dispensed w...

Shiwajee Pandey, Examiner Iii, Vs. Union of India (Uoi) Through

Court: Central Administrative Tribunal CAT Delhi

1. The applicant is an Examiner-III working in the Ministry of Defence.The prayer made in the application is 'to restore him to his original rank and direct the respondents to allow him to be ruled under old Rules with all consequential benefits as ACP and right to be considered for the promotion to the next immediate higher grade, as opted for by the applicant under quota rota system and to grant presumptive pay of Examiner-II post to him.' He has impugned circular dated 15.10.2004 issued by the third respondent, whereby a direction was given that Examiners-III posted are to carry out sorting of letters on rotational basis. The applicant has attempted to bring his case under a generally accepted principle that a person is not to be pushed down to a lower post than to which he was initially engaged. Briefly, it is suggested that the impugned circular violates the safeguard since it requires him to perform a duty, which was inferior in status than the duties carried out by the entry gr...

Smt. Santoshi Devi W/O Ex. Const Vs. Union of India (Uoi) Through

Court: Central Administrative Tribunal CAT Delhi

1. Having its roots in a complaint made by one Shri Ashok Mittal and his wife against Constable Mohinder Singh, the late husband of Smt.Santoshi Devi, the applicant herein, and Constable Chander Bhan on 7.5.1989, this case has rather a chequered history. The prolonged litigation spanned over a period of about nineteen years, it is the complaint of the applicant, had serious repercussions on her husband who was first driven to insanity and then to the disease of Tuberculosis, and ultimately to his death.2. On the complaint of Ashok Mittal and his wife, a departmental enquiry against the two constables named above culminated into their removal from service. The joint Original Application filed by them in this Tribunal resulted in setting aside the impugned order with liberty to the respondents to initiate de novo enquiry. The respondents instead carried on with the same enquiry from the stage of defence, but ultimately both the constables were inflicted with punishment of withholding of...

Shri Devender Kumar, Son of Shri Vs. Delhi Development Officer,

Court: Central Administrative Tribunal CAT Delhi

1. Applicant, a Sectional Officer, impugns respondents' order dated 7.11.2007 whereby on account of non-surrender of the staff quarter, the proposal to recover arrears of water charges and also HRA and license fee w.e.f. 10.4.2003 till date has been proposed.2. Applicant, who was allotted staff quarter accommodation at Quarter No. 20-C (SQC), MIG Houses by the DDA took on paper possession on 10.4.2003. However on visiting the accommodation when it was found in a very depilated state where the electricity connection was not even installed, there was no water connection except a general water connection in the locality, thereafter he did not take physical possession of the accommodation and wrote to the respondents as to cancellation of accommodation, vide his application dated 19.5.2003.3. On 18.6.2003, staff quarter allotment branch as per the application of applicant cancelled the allotment of accommodation and directed the junior engineer to take possession of the accommodation afte...

Cargill India Pvt. Ltd. Vs. Dy. Commissioner of Income-tax

Court: Income Tax Appellate Tribunal ITAT Delhi

Reported in: (2008)300ITR223(Delhi)

1. This appeal by the taxpayer for the assessment year 2003-04 (F.Y 2002-03) is directed against order of the Commissioner of Income-tax (Appeals) [CIT(Appeals)] upholding levy of penalty of Rs. 40,46,41,376/-Under Section 27IG of the Income-tax Act (the Act) for not submitting the documents called from the tax payer in time.2. The taxpayer company M/s Cargill India Pvt. Ltd. (CIP in short) is a wholly owned Indian subsidiary of Cargill Mauritius Limited which in turn is a wholly owned subsidiary of Cargill Inc., USA. The taxpayer company, in India, in the relevant period, was engaged in the business of import, export and domestic trading in edible oils, fertilizers, grains, oil seeds and other food products including processed food. The taxpayer was also engaged in the business of processing crude oil. The taxpayer had carried various transactions with its foreign associate enterprises (AEs in short) of value of Rs 20,23,20,68,761/- and filed audit report in Form 3CEB along with the ...

Aquarius Travels (P) Ltd. Vs. Income Tax Officer

Court: Income Tax Appellate Tribunal ITAT Delhi

Reported in: (2008)111ITD53(Delhi)

1. This appeal filed by the assessee relating to the asst. yr. 1998-99, has been heard by the Special Bench in pursuance of the Order passed by the Hon'ble President, under Section 255(3) of the IT Act, 1961.2. The facts and circumstances leading to the constitution of the Special Bench are as under: The assessee, namely, M/s Aquarius Travels (P) Ltd. filed appeal against the Order of the learned CIT(A) dt. 12th Nov., 2001 for asst.yr. 1998-99 to challenge the sustenance of disallowance of expenses relating to interest paid to the tune of Rs. 12,94,978. The learned Members of the Division Bench, hearing the appeal, were of the opinion that it is a fit and proper case which may be heard by the Special Bench of the Tribunal. For this purpose, they have narrated the relevant facts to indicate that one of the issues involved requires examination of ambit and scope of Section 14A for deciding the allow ability of interest.3. These facts are given in Paras 1 and 2 of the Order of Division B...