Delhi Court August 2008 Judgments

Sagar Warehousing Corporation Vs. Pawan Hans Helicopters Limited,

Court: Delhi

Reported in: AIR2009Delhi8; 2008(3)ARBLR356(Delhi)

Manmohan Sarin, J.1. By this common judgment, two appeals namely FAO(OS) 258/2008 filed by M/s Sagar Warehousing Corporation and FAO(OS) 259/2008 filed by M/s Fly Jac Forwarders (now known as Fly Jac Logistic Pvt. Ltd.) are being decided, as challenge in both the appeals is to the common order and judgment dated 22nd April, 2008 by which IA No. 7864/2003 preferred by appellant Sagar Warehousing Corporation and IA No. 7863/2003 preferred by appellant M/s Fly Jac Forwarders were decided, assailed in the present appeals. Both the appellants by the respective I.As had sought vacation of the ex parte ad interim order passed by the learned Single Judge on 20th February, 2002. Directions had also been sought by the appellants for removal of the goods by Pawan Hans Helicopters Ltd after paying the dues of the appellants for transportation and warehousing charges. Vacation of the restraint on the appellant from alienating, encumbering and disposing of the goods was also sought.2. For facility o...

Wel Intertrade Private Limited (Formerly Wel Intertrade Limited) and a ...

Court: Delhi

Reported in: [2009]308ITR22(Delhi); [2009]178TAXMAN27(Delhi)

Badar Durrez Ahmed, J.1. Rule. With the consent of the counsel for the parties, the writ petition is taken up for disposal straightaway.2. In this writ petition, the petitioner is impugning the notice dated 28.03.2007 under Section 148 of the Income-tax Act, 1961 (hereinafter referred to as 'the said Act') and the order dated 17.10.2007 disposing of the objections to the initiation of re-assessment proceedings. The petitioner is seeking the quashing of the said notice and the said order as also the entire re-assessment proceedings initiated pursuant to the said notice.3. The petitioner had filed its return for the assessment year 2000-01 on 30.11.2000. Thereafter, the assessee's case was picked up for scrutiny and a notice under Section 143(2) of the said Act was issued on 27.11.2001. It is material to note that in the course of the assessment proceedings, the Assessing Officer issued three notices to the petitioner / assessee. One of the notices was dated 10.01.2002. Through that noti...

Dr. Nikki Sabharwal Senior Specialist Anaesthesia and ors. Vs. Guru Go ...

Court: Delhi

Reported in: 152(2008)DLT553

Madan B. Lokur, J.1. This appeal filed under Clause X of the Letters Patent is directed against the judgment and order dated 20th February, 2007 passed by the learned Single Judge in Writ Petition (Civil) No. 581/2007.2. The Appellants (who are 18 in number) claim to be Senior Specialists/Specialists/Consultants in their respective medical disciplines at Safdarjang Hospital and Vardhman Mahavir Medical College. They say that they are teaching under-graduate and post-graduate students in these hospitals and they are entitled to be designated as Professor/Associate Professor/Lecturers, as the case may be depending upon their experience.3. Reliance is placed by the Appellants on a Notification dated 15th March, 2005 issued by the Medical Council of India whereby Clause 11.1(d) was incorporated in the Post Graduate Medical Education Regulations with effect from 15th March, 2005. This amendment reads as under:Consultants of [or] specialists who have the experience of working for a period of...

Smt. Arun Gupta Vs. Delhi Development Authority

Court: Delhi

Reported in: 153(2008)DLT503; 2008(106)DRJ893

Vipin Sanghi, J.1. The petitioner was registered under the New Pattern Registration Scheme, 1979 for allotment of an MIG flat. She had given her residential address as N-21, North Avenue, Delhi where she was residing at that point of time. In the year 1990, she shifted her residence to Flat No. A-355, Moti Bagh-I, New Delhi and submitted a letter to the DDA informing the DDA of the change of her address. On 5.9.1998, the respondent held a draw of lots wherein Flat No. 405(FST), Pocket-A, Sector-13, Dwarka was allotted to the petitioner on hire purchase basis and an amount of Rs. 3,76,796.17 was demanded as an initial deposit which could be paid with interest upto 1.11.1999. The remaining amount had to be paid in 120 monthly instalments of Rs. 5906.01, commencing from 10.10.1999. The petitioner states that she did not receive the demand-cum-allotment letter from the respondent and learnt of the allotment in her favour through a public advertisement. She personally contacted the DDA for ...

New India Assurance Co. Ltd. Vs. Dalbir Singh and ors.

Court: Delhi

Reported in: 2009ACJ1974

V.B. Gupta, J.1. The present appeal under Section 173 of Motor Vehicles Act, 1988 (for short 'the Act') has been filed by appellant insurance company against the judgment and order dated 4.2.2008 passed by Mr. Suresh Chand Rajan, Judge, Motor Accidents Claims Tribunal (for short 'the Tribunal'), Delhi.2. Brief facts of the case are that on 5.1.2002 at about 11 p.m. Dalbir Singh, respondent No. 1, aged 33 years, was going to his house on his scooter, one truck bearing registration No. HR 38-E 8698 being driven by Girwar Singh, respondent No. 2 came at a fast speed and in a rash and negligent manner hit the scooter of respondent No. 1. Due to impact, respondent No. 1 fell on the road and sustained injuries.3. The respondent No. 1 filed the petition under Sections 166 and 140 of the Act claiming compensation of Rs. 25,00,000 against the respondent Nos. 2 and 3 herein being the driver as well as owner of the offending vehicle and the appellant herein, as the offending vehicle was insured w...

Dr. K.K. Sharma, Assistant Vs. Union of India (Uoi) Through

Court: Central Administrative Tribunal CAT Delhi

1. Dr. K. K. Sharma, Assistant Surgeon (Veterinary) with the 20th Battalion, Sashtra Seema Bal (SSB), Ministry of Home Affairs, the applicant herein, while serving on the post aforesaid, successfully competed for the post of Veterinary Assistant Surgeon in the Development Department of the Government of NCT of Delhi. He is not being permitted to join his new assignment on the only ground that while serving SSB he had obtained study leave which was granted to him on his executing a bond that he would serve the department for a period of three years after he resumes his duties after availing the study leave, and that the period of three years has not gone by, and that being so, he has to pay an amount of Rs. 7 lakhs as an alternative for serving the department for three years, if he was to be relieved. The only question that thus needs adjudication by this Tribunal is as to whether the applicant can be relieved without compelling on the conditions laid down in the bond furnished by him....

S.C. Gautam Son of Khachera Gautam Vs. Chairman, Delhi Development

Court: Central Administrative Tribunal CAT Delhi

1. A writ petition filed as CWP 4260 of 1999 had been transferred over to this Tribunal, by the High Court, taking into account Notification dated 25.07.2007. The applicant, while working as Junior Engineer in the Delhi Development Authority, had been issued with an order on 08.12.1998, whereby he had been advised that since the applicant has been convicted by a criminal court, he was being removed from service w.e.f. 07.04.1998. The order is issued by the Commissioner, and purported to be in exercise of powers under Regulation 19 of the DDA (Salaries, Allowances and Conditions of Service), Regulations, 1961.Evidently, the applicant had filed an appeal challenging the orders.But this also has been rejected, on 03.03.1999 by the Engineer Member DDA. The applicant do admit that he had been convicted on charges under Section 7 and 13(1)(d) of Prevention of Corruption Act, on 07.04.1998, and a show cause notice had been issued but submits that the High Court of Delhi had admitted his appe...

Dr. (Mrs.) Kusum Nehra Vs. Dr. B.R. Ambedkar College Thr. Its Principa ...

Court: Delhi

Reported in: 153(2008)DLT162; 2008(106)DRJ16

S. Muralidhar, J.1. This appeal is directed against the judgment dated 9th January 2006 passed by the learned Single Judge dismissing the appellant's Writ Petition (C) No. 4497 of 2004 whereby she had challenged the appointments of the 5th and 6th respondent to the post of Lecturer (Hindi) in the Dr. Bhim Ambedkar College (1st Respondent) which is affiliated to the University of Delhi (3rd Respondent). 2. On 30th June 2001 the Respondent No. 3 notified vacancies in the post of Lecturer in various subjects including Hindi and invited applications from eligible candidates. One of the requirements was that the candidate should shave qualified the National Eligibility Test ('NET') for Lecturers conducted by the University Grants Commission (UGC)/Centre for Scientific and Industrial Research or similar test accredited by the UGC. In a note appended to the paragraph concerning qualifications it was clarified that 'the candidates who have completed M.Phil degree or have submitted Ph.D thesis ...

icici Lombard General Insurance Co. Ltd. Vs. Smt. Mala Devi W/O Sh. Om ...

Court: Delhi

Reported in: 2006ACJ2620; 2008(105)DRJ673

V.B. Gupta, J.1. The present appeal under Section 173 of the Motor Vehicles Act, 1988 (for short as the 'Act') has been filed by the Appellant/Insurance Company against the award dated 25.03.08 passed by Ms. Neena Bansal Krishna, Judge, Motor Accident Claims Tribunal (for short as the 'Tribunal'), Delhi.2. Brief facts of the case are that on 30.06.07 at about 11.15 p.m., the deceased Chintoo along with his brother Vicky and father were going towards Teliwara Subzi Mandi Chowk Mor, Azad Market when a delivery Van (Vikram) bearing No. DL-1-LH-5397 came for the side of Teliwara, at high speed and took sharp U turn because of which the vehicle could not be controlled. It over turned and fell over the deceased Chintoo and his brother Vicky. The deceased Chintoo expired in this accident.3. The claim petition filed by the parents of the deceased Chintoo aginst the Respondent No. 3 herein, driver, Respondent No. 4 herein, owner of the offending vehicle and Appellant herein, as the offending ve...

Ramesh Chand Sachdeva Vs. Raj Kumar Manchanda and ors.

Court: Delhi

Reported in: 153(2008)DLT191

Shiv Narayan Dhingra, J.1. By this petition under Article 227 of the Constitution of India, the petitioner has assailed the legality of order dated 13th July, 2005 passed by Additional Rent Control Tribunal.2. The brief facts relevant for purpose of deciding this petition are that respondent, Raj Kumar Manchanda filed an application for eviction under Section 14(1) (a) and (b) of the Delhi Rent Control Act stating that Mr. Jaswant Rai Khurana was a tenant in respect of premises E-382 (Double Storey) Ramesh Nagar, New Delhi and Mr. Khurana left the premises after sub-letting and assigning it to the present petitioner, Ramesh Chand without consent in writing of the landlord. The monthly rent was Rs.950/- exclusive of electricity and water charges and this rent had also not been paid and tendered by the tenant since 1st February, 1988. A notice of demand dated 5th July, 1990 was served on respondent no. 1. Notice was duly served but respondent no. 1 neither tendered nor paid this rent aft...