Delhi Court April 2008 Judgments

Karan Pal Singh Vs. Rajiv Automobiles and Others.

Court: Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

J.D. Kapoor (Oral): 1. On account of having sold not only a defective scooter but also having put up a false claim as to the average mileage of the scooter, the appellant who is the consumer had filed the complaint, and vide impugned Order dated 7.7.2005, the District Forum awarded a compensation of Rs. 3,000 apart from Rs. 750 paid by the appellant to AAUI as per directions of the District Forum, besides Rs. 2,500 towards compensation for mental agony and cost of litigation. Feeling dissatisfied with the amount of compensation as well as the refusal by the District Forum to remove the defects, the appellant has preferred this appeal 2. A perusal of the impugned order shows that there was serious dispute as to the average of the scooter. According to the respondents claim the average was 74 kms. But it was sent to an expert by the District Forum and the report of the expert showed the average mileage per litre was 44 kms. Any such claim comes within the unfair trade practice by way of ...

P.P. Sharma Vs. Smt. Swaran Lata

Court: Delhi

Reported in: 150(2008)DLT328; 2008(102)DRJ627

Manmohan, J.1. Appellant has filed two appeals being FAO(OS) Nos. 7 and 294 of 2007 for setting aside the orders dated 18th November, 2006 and 23rd July, 2007 in I.A. No. 10302 of 2006 and R.A. No. 12 of 2007 respectively. Appellant in the present appeals has also prayed for dismissal of the Testamentary Case No. 47 of 2005 filed by the respondent.2. By way of the impugned orders, the learned Single Judge has permitted the respondent in the proceedings filed by her under Section 263 of the Indian Succession Act (hereinafter referred to as 'the said Act') to lead evidence in support of her plea that the Will dated 15th June, 1984 (hereafter referred to as 'the said Will') is a forged and fabricated document. Further the learned single Judge has sent the said Will to a handwriting expert in CFSL for verification of the testator's signature. Since the two appeals are between the same parties and raise common issues of fact and law, we are deciding them by a common order.3. Mr. P.V. Kapoor...

The Commissioner of Income Tax-v Vs. Real Time Marketing P. Ltd.

Court: Delhi

Reported in: (2009)221CTR(Del)716; [2008]306ITR35(Delhi)

V.B. Gupta, J.1. The Revenue has filed the present appeal under Section 260A of the Income Tax Act, 1961 (for short as 'Act') against order dated 15th September, 2006 passed by the Income Tax Appellate Tribunal (herein after referred as 'Tribunal') Delhi Bench 'A' in ITA No. 2574 (Del)/2004 relevant for the assessment year 2001-02. The Tribunal in its order held that there is absolutely no material to link the assessed with the sum of Rs. 29,97,000/- deposited in cash in the bank account of M/s. FBSL.2. The facts of this case are that the assessed is a Private Limited company. During the previous year, it had taken an unsecured loan of Rs. 25 lacs from M/s. Aishwaray Capital Lease Finance Pvt. Ltd. (herein after referred to as ACL). The Assessing Officer asked the assessed to file a copy of income tax return along with the audited profit and loss account and the balance sheet with annexures and copy of bank statement for the period ending 31st March, 2001 of M/s. ACL. The assessed furn...

Sunil Anand and anr. Vs. Mr. Rajiv Anand and ors.

Court: Delhi

Reported in: 2008(103)DRJ165

Pradeep Nandrajog, J.1. Late Kishen Chand Anand was blessed with 3 sons and a daughter named Prem Dutt Anand, Tilak Raj Anand and Mohan Dutt Anand (sons) and Raj Suri (daughter). He was the owner of property bearing Municipal No. 53-A, Ring Road, Lajpat Nagar-III, New Delhi. On 17.7.1972 he executed a will Ex.OW-1/1 bequeathing the house in its entirety to his wife Smt.Durga Devi. The dispute pertains to a registered will dated 23.8.1973, Ex.PW-1/1, registered with the Sub-Registrar, Delhi vide registration No. 1167, Additional Book No. 3, Vol.46 at pages 64-68 on 27th August 1973 (presented for registration on 23rd August 1973) propounded by Tilak Raj Anand and Prem Dutt Anand which reads as under:WILL This last will & Testament is made at Delhi on this 23rd day of August, 1973 by me Shri Kishen Chand Anand S/o Shri Mahesh Das Resident of 53, Ring Road, Lajpat Nagar-III, New Delhi-24 being in full possession of my understanding and physical health without any duress or fear from any q...

Mrs. Krishna Gupta, Prop. Studio Saket Vs. the Asst. Commissioner of I ...

Court: Delhi

Reported in: [2009]311ITR322(Delhi)

V.B. Gupta, J.1. Present appeal has been filed by the assessed against the impugned order dated 12th February, 2004 passed by Income Tax Appellate Tribunal, Delhi Bench 'C' (for short as 'Tribunal') in ITA No. 145/Del/1998 relevant for the assessment year 1992-93.2. The short facts relevant for the disposal of this appeal may be summed up as under that the assessed was running a Proprietary Business under the name and style Studio Saket dealing in photographic films and still photography. During the impugned assessment year, the assessed had declared its gross profit at 1.5% on the sale of photographic films at Rs. 8,98,56,016 to its registered dealers.3. During the course of assessment proceedings, the Assessing Officer issued summons under Section 131 of the Income Tax Act, 1961 (for short as 'Act') to the aforesaid registered dealers to whom the sales were made requiring them to appear along with the books of accounts, supporting bills, vouchers, bank pass books etc., but the summon...

Aruna Parmod Shah Vs. Union of India (Uoi)

Court: Delhi

Reported in: 2008(102)DRJ543

Vikramajit Sen, J.Crl. M.As. 4172-73/2008 4172-73/2008 1. Allowed, subject to all just exceptions.WP(Crl.) 425/2008 & Crl. M.A. 4171/20082. This Petition was originally listed before a Single Judge of this Court. The Petition contains two prayers - (a) for declaring the Protection of Women from Domestic Violence Act, 2005 (for short 'Act) as ultra virus the Constitution of India and (b) to quash the proceedings before the Metropolitan Magistrate, New Delhi. Very briefly stated, the Petitioner admits that a Ring Ceremony had been performed between him and Respondent No. 2, but no marriage had been celebrated. Respondent No. 2 however appears to have taken the stance that their marriage was duly solemnized.3. Learned Counsel for the Petitioner has assailed the virus of the Act on the ground that inasmuch as it provides protection only to women and not to men, the statute offends Article 14 of the Constitution of India. It is beyond cavil that legislation must be presumed to be legally so...

Commissioner of Income Tax Vs. Jai Parabolic Springs Ltd.

Court: Delhi

Reported in: [2008]306ITR42(Delhi)

V.B. Gupta, J.1. The Revenue has filed this appeal under Section 260A of the Income Tax Act, 1961 (for short as 'Act') against the order dated 8th November, 2006 passed by the Income Tax Appellate Tribunal (for short as 'Tribunal'), Delhi Bench 'G' in ITA No. 707/Del/2004 relevant for the assessment year 1990-91 vide which the appeal filed by the Revenue was dismissed.2. The facts entailing the present appeal are that the assessed is engaged in the business of manufacture and marketing of springs and springs leaves required for the automobile industry. Return of income for the year under consideration was filed by the assessed on 30.12.90 declaring net loss at Rs. 4,40,36,000/-. Return was processed under Section 143(1) of the Act. Subsequently, notice under Section 143(2) of the Act was issued. The loss under the normal provisions of the Act was computed at Rs. 4,27,63,353/- inter alias by making several additions/disallowances as enumerated in the order of assessment dated 19.03.93.3...

Kerala State Construction Corporation Ltd. Vs. Projects and Equipment ...

Court: Delhi

Reported in: (2008)151PLR8

S. Ravindra Bhat, J.1. These proceedings are under Sections 30/33 of the Arbitration Act, 1940; they question an interim Award made on 12th May, 1994, by the Arbitrators.2. The facts are that the respondent successfully offered to execute a work contract, in response to a global tender by the Government of Libya. The contract was awarded on 6th December, 1979. On 29th January, 1980, the claimant, a Public Sector Undertaking of the State of Kerala, entered into an agreement with the respondent to work as its associate in regard to execution, completion and maintenance of the work that were part of the main contract between the Government of Libya and the objector/respondent which is also a Public Sector Undertaking but of the Central Government.3. The agreement between the parties contained an arbitration clause which reads as follows:12.1 If at any time any question, disputes or difference whatsoever shall arise between the First Party and the Second Party upon or in relation or in con...

Ajit Singh Vs. Adarsh Kaur Gill

Court: Delhi

Reported in: 2008(106)DRJ947

S. Ravindra Bhat, J.1. This order will dispose off IA No. 1604/99 moved under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereafter 'the CPC') through which the Defendants seek an order rejecting the plaint. The defendant has sought for rejection of this suit on the ground that it is barred in law, as the claims are time barred.2. The plaintiff, in the present suit, has sought the following reliefs:(a) Pass a preliminary decree of partition of the property bearing No. 3, south end Road, New Delhi, more particularly shown ion, the plan, and, thereafter, pass a final decree partitioning the said property by mete and bounds and put each of the parties to the suit in actual physical possession of the portion of the property allotted to him/her. If the partition of the property by metes and bounds is not feasible, then the property by metes and bounds is not feasible, then the property may ordered to be sold by public auction through Court and proceeds thereof be divided between...

Smt. Seema Sethi W/O Shir S.K. Vs. Union of India (Uoi) Through

Court: Central Administrative Tribunal CAT Delhi

(i) The applicant may be promoted as Section Officer between the date 17.6.2005 to 30.06.2005 as per the decision taken by the first appellate authority and joint Secretary (Administration), Department of Road Transport and Highways vide their letter bearing No. A-1031/2/20004/EI Pt dated 25.8.2006. (ii) The applicant's pay be fixed in the Section Officer's grade and arrears paid to me from the retrospective date. (iii) Pension of the applicant may also be revised and be fixed as per the Section Officer's grade.2. It is submitted by the applicant that vide order dated 20.4.2005 ban was lifted by the Department of Personnel and Training for filling up the post of Section Officer on ad hoc basis. On 20.4.2005 there were 16 vacant posts of Section Officers which were required to be filled up in terms of Supplementary Common Seniority List (SCSL) of Assistants for CSS for the year 1990 issued by Ministry of Personnel, Public Grievances and Pensions dated 10.2.2004. Applicant's name figure...