Delhi Court July 2008 Judgments

National Insurance Co. Ltd. Vs. Sh. Bindeshwar Singh and ors.

Court: Delhi

Reported in: 2008(106)DRJ287

Kailash Gambhir, J.1. By way of the present appeal, the appellant insurance company challenged the impugned award dated 28.11.2006 primarily on the ground that the Tribunal has not granted recovery rights to the appellant insurance company although the appellant has duly proved on record that as on the relevant date of accident the driver of the offending vehicle was not in possession of any licence. The brief facts of the case relevant for deciding the present appeal are as under:On 5.7.2003, at about 7.30 P.M. the respondent claimant was going to his office situated at Daryaganj from Raja Garden on his motor cycle bearing registration No. DL-2SL-0494 and when he was crossing the traffic signal of West Patel Nagar, he was hit from behind by a bus and dragged upto some distance. As a result of the impact he sustained grievous injuries on his right leg.Ms. Manjusha Wadhwa, counsel appearing for the appellant contended that the accident in the present case has taken place on 5.7.2003 and...

Smt. Meghawati W/O. Late Sh. Member Singh Vs. Raja Ram Yadav S/O. Sh. ...

Court: Delhi

Reported in: 2009ACJ1995; 2008(105)DRJ699

V.B. Gupta, J.1. The present appeal under Section 173 of the Motor Vehicle Act, 1988 (for short as 'Act') has been filed by the appellant seeking enhancement of the compensation amount.2. By the impugned judgment dated 18th May, 2006, passed by Sh. A.S. Yadav, Judge MACT, New Delhi, an award in the sum of Rs. 1,32,200/- along with 6% interest from the date of filing of the petition till realization was passed in favour of the appellant.3. Being dissatisfied with the award, the appellant has filed the present appeal.4. The brief facts of this case are that on 1st August, 2002 at about 10.00 p.m., the deceased Member Singh was coming on foot from VSNL office at NIC Building, Parliament Street, New Delhi to the nearest Bus Stop for taking the bus. While he was near Shahanshah Restaurant, W.C. Road, he was hit by a Water Tanker bearing No. DL 1G-0804 which was being driven by respondent No. 1, Raja Ram Yadav in a rash and negligent manner. The deceased succumbed to the injuries on the same...

Jammu and Kashmir Bank Ltd. Vs. Shri Digvijay Cement

Court: Delhi

Reported in: 154(2008)DLT80; 2008(105)DRJ395

Sudershan Kumar Misra, J.1. This is an appeal filed by the Jammu and Kashmir Bank Ltd. against the decision of a Single Judge of this Court dated 8th March, 2006 whereby the bank's application for leave to defend a suit instituted by the respondent, Shree Digvijay Cement Company Ltd. under Order 37 of the Code of Civil Procedure was refused, and the suit decreed in favour of the respondent and against the bank. The facts relevant to this appeal are noted hereinafter.2. On 4.7.1994, Shree Digvijay Cement Company, respondent herein, agreed to sell 12500 metric tonnes of Cement Clinker to M/s. Impression International. The contract, inter alia, required the buyer to provide an 'irrevocable and confirmed letter of credit (LC) for 100% payment at sight...in favour of the respondent through M/s. State Bank of Saurashtra.' On the same day, a message was conveyed by M/s Impression International that since the cargo had to be finally supplied by it to a foreign buyer, namely, M/s. Chittagong Ce...

Upsrc Vs. Munni Devi

Court: Delhi

Reported in: 2008(106)DRJ115

Kailash Gambhir, J.1. Arising out of the same award, the appellants have filed eight separate appeals feeling aggrieved with the findings of the Tribunal primarily on the aspect of negligence while three separate cross appeals have been filed by the claimants claiming enhancement in compensation amount over and above the amount awarded by the Tribunal.2. By way of this common order, eight appeals bearing MAC APP Nos. 309/2007, 310/2007, 311/2007, 312/2007, 313/2007, 314/2007, 319/2007 and 321/2007 filed by the appellant UPSRTC and cross appeals bearing MAC APP No. 1077/2006, MAC APP No. 1078-81/2006 and MAC APP No. 1082-86/2006, shall be disposed of.3. Brief facts which are common in these appeals are as under:On 9.2.1999 at about 7.00 P.M. 8 persons were going in a maruti car bearing registration No. DL 8CA 0628 from Delhi to Ferozabad. When they reached near village Osani Bypass, a UP Roadways bus bearing registration No. UHK 8299 came at a very fast speed from the direction of Feroz...

Commissioner of Income Tax Vs. Food Corporation of India Contributory ...

Court: Delhi

Reported in: (2008)218CTR(Del)625; [2009]318ITR318(Delhi); [2009]177TAXMAN224(Delhi)

Badar Durrez Ahmed, J.1. These four appeals arise out of the common order dt. 14th Sept., 2007 passed by the Income-tax Appellate Tribunal (hereinafter referred to in short as Tribunal') in ITA Nos. 4042, 4043, 4044, 4045/Del/2006 pertaining to the financial years 2001-02 to 2004-05. In respect of these years the question which arose was whether the assessee was liable to deduct tax at source under Section 194A of the IT Act, 1961 (hereinafter referred to as 'the said Act').2. According to the Revenue, the assessee was liable to deduct the tax at source and, not having done so, became an assessee in default. As recorded in the impugned order, the assessee is a provident fund trust of employees created after seeking exemption under Section 16 of the Employees Provident Fund Act, 1952 (EPF Act). The trust is recognised and exempted both under the Fourth Schedule of the said Act by the CIT, Delhi, as well as, by the Provident Fund Commr. under the EPF Act.3. In the course of survey procee...

Asha Garg and ors. Vs. New India Assurance Co. Ltd. and ors.

Court: Delhi

Reported in: 2009ACJ1100

Kailash Gambhir, J.1. By way of this appeal, the appellants seeks to challenge the impugned award dated 10.10.1999 claiming enhancement over and above the compensation amount of Rs. 4,25,000 as awarded by the Tribunal. Brief summary of the facts to deal with the contentions of the parties are as under:On 7.1.1991 at about 11.25 p.m., the deceased Yogendra Garg was driving his two-wheeler scooter bearing registration No. DAD 2496. While he was proceeding on Rohtak Road in order to go towards his residence in Karol Bagh, New Delhi and reached the outer gate of Transport Centre on Rohtak Road, a truck bearing registration No. PJK 337 came from behind and took a left turn abruptly to enter the Transport Centre from the outer gate, as a result, the truck struck against the rear side of the scooter. Due to forceful impact, Yogendra Garg along with the scooter was thrown on the road and sustained fatal injuries and succumbed to those injuries.2. Mr. Dushyant Swaroop, counsel for the appellant...

Satish Kumar Vs. Union of India (Uoi) and ors.

Court: Delhi

Reported in: 2008(105)DRJ370

Reva Khetrapal, J.1. The petitioner was awarded a contract for 'Repairs to Passenger Platform Service with Bitumastic Flooring on Platform No. 2 at Saharanpur' vide work order No. 128-W/280/DEN-I/UMB dated 27.02.1992 by the respondent/Union of India. By a letter dated 15.06.1995, the Union of India, through the General Manager, Northern Railway, New Delhi appointed Shri Jagdeep Rai, Dy. Chief Engineer/Const/Works, Northern Railway and Shri A.KLal, Dy. F.A. & CAO/Const., Northern Railway, Delhi as Co-Arbitrators to adjudicate upon the disputes. The said Co-Arbitrators, as per terms of reference, jointly requested Shri Raj Kumar Sarkar, Dy. Chief Engineer/Deposit Work, Northern Railway, Patel Nagar, New Delhi to act as Umpire vide letter No. 94/Arb./JR-ll dated 29.6.95 which he agreed to act on 3.7.1995. The Co-Arbitrators entered into the reference on 23.11.1995, but did not hold any hearing during the period of validity, that is, four months from the date of entering into the reference...

Geeta and ors. Vs. New India Assurance Co. Ltd.

Court: Delhi

Reported in: 2008(106)DRJ129

Kailash Gambhir, J.1. By way of the present appeal the appellants claimants seek to challenge the award dated 23.10.2003 so as to seek enhancement in the compensation amount over and above the amount of Rs. 3,60,000/- awarded by the Tribunal.2. Brief summary of the facts are as under:On 26.9.1995 at about 8:30 p.m. the deceased Sh. Satish Kumar was coming from Najafgarh when reached Arjun Park near State Bank of India, Nagli Sakrawaton on Main Najafgarh Road, he got down from the auto rikshaw to purchase bidi and when he was coming back to the scooter, all of a sudden Sh. Raj Sharma respondent No. 2 started his autorikshaw. Sh. Satish was hit by the said auto rikshaw, as a result of which he received fatal injuries and was taken to DDU hospital where he was declared as 'brought dead'.3. Counsel assailed the award and submitted that the Tribunal erred in not taking salary of the deceased at Rs. 4,000/- per month when the same was duly proved on record. Counsel for appellants contended t...

Mohd. YamIn Vs. State

Court: Delhi

Reported in: 2008(106)DRJ275

P.K. Bhasin, J.1. The appellant has preferred this appeal challenging his conviction by the learned Additional Sessions Judge, Delhi in Sessions Case No. 162/92 under Section 302 IPC and Section 27 of the Arms Act for the murder of one Mohd. Salim on 09.11.91.2. The case set out by the prosecution against the appellant was that the appellant's married sister Mobina having three children had been deserted by her husband. After her desertion by her husband the deceased Mohd. Salim, who was also married already, married Mobina. Earlier marriages of both of them had not been dissolved. Mobina's family members, including the appellant, were not happy with her marrying Mohd. Salim.1 On 8.11.91 there was a quarrel between the appellant and the deceased over Mobina at the house of the deceased where the appellant-accused had gone to warn him not to have any relationship with Mobina. On 9.11.91 at about 11 p.m. the deceased went to the house No. 3971 of the appellant in Gali Khankhana, Macchli ...

Krishan Kumar, Ex-sycee, L.B.S. Vs. Union of India (Uoi) Through

Court: Central Administrative Tribunal CAT Delhi

1. Krishan Kumar, the applicant herein, has filed this Original Application under Section 19 of the Administrative Tribunals Act, 1985 calling in question order dated 15.5.2004 (Annexure-C) vide which he was dismissed from service, as also the order dated 22.3.2005 (Annexure-A) passed by the appellate authority rejecting his appeal against the order aforesaid.2. Brief facts of the case as projected in the Application reveal that the applicant was appointed in 1991 in Group 'D' post as Sycee in the Lal Bahadur Shastri National Academy of Administration, second respondent herein. He claims to be having unblemished service record.In the night intervening 3/4.7.2000, it is the case of the applicant, an unfortunate incident happened wherein one of his colleagues Gian Singh, Sycee, suffered burn injuries and died. The applicant and two of his colleagues, Jile Gir and Chand Kiran, were arrested in the aforesaid incident on 4.7.2000 but they were released on bail on 22.10.2000. On 5.7.2000 th...