Delhi Court August 2008 Judgments
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Akhil Dilli Prathmik Shikshak Sangh (Regd.) Vs. Govt. of Nct of Delhi ...
Court: Delhi
Decided on: Aug-20-2008
Reported in: 2008(106)DRJ434
ORDER1. This petition filed by Akhil Dilli Prathamik Shikshak Sangh under Article 226 of the Constitution of India seeks the following relief:(a) Issue an appropriate writ quashing the directive of the respondent dated 25.4.2008 and similar other directives whereby the MCD teachers have been directed to carry out verification of voters I-card in addition to their normal duty of teaching which is contrary to general public interest and breach of fundamental rights of the children below 14 years of age.2. The question of deploying teachers employed in schools run by the state government or municipal corporations for work connected with the conduct of elections, including revision of electoral rolls in terms of the Representation of the People Act 1950 ('RP Act 1950'), was considered by the Supreme Court in Election Commission of India v. St. Mary's School : AIR2008SC655 . The said decision was rendered in an appeal filed by the Election Commission of India against the judgment dated 11th...
Hansalaya Properties and anr. Vs. Dalmia Cement (Bharat) Ltd.
Court: Delhi
Decided on: Aug-20-2008
Reported in: 2008(106)DRJ820
Manmohan Singh, J.1. This is an appeal filed by the Appellants (hereinafter referred to as Defendants) against the judgment and decree dated 11th October, 1985 passed by learned Single Judge of this Court whereby the Respondent (hereinafter referred to as Plaintiff) suit for recovery which arises out of a transaction for sale and purchase of 11th and 12th floor on the multi-storeyed building known as 'Hansalaya' situated at 15, Barakhamba Road, New Delhi was partly decreed.2. The brief matrix of the facts necessary for disposal of this appeal are that the Plaintiff is a company registered under the Companies Act. In 1970, Defendants No. 1 and Shri Hans Raj, the predecessor-in-interest and title to Defendants No. 2, approached the Plaintiff company with an offer to sell office accommodation in the then proposed multi-storeyed building called 'Hansalaya'. The Plaintiff company agreed to purchase the entire 11th floor at a price computed at the rate of Rs. 123.50 sq. ft. of the exact carp...
Sharma Enterprises Vs. National Building Construction Corporation Ltd. ...
Court: Delhi
Decided on: Aug-20-2008
Reported in: 2008(3)ARBLR456(Delhi); 153(2008)DLT594
Rajiv Sahai Endlaw, J.1. This petition invokes Sections 14 and 15 of the Arbitration Act, 1996 to declare that the mandate of respondent No. 2 appointed as the arbitrator by the chairman of respondent No. 1 stands terminated de jure or de facto. The case has had a chequered history which can be summarised as under.2. Disputes arose out of a contract dated 18th January, 1991 between the petitioner and the respondent No. 1. Suit No. 3446/1992 under Section 20 of the Arbitration Act, 1940 came to be filed by the petitioner for appointment of arbitrator. The said suit was disposed of vide judgment dated 2nd December, 1997. It is recorded in the said judgment (a) that the respondent No. 1 had terminated the agreement with the petitioner on 22nd September, 1992; (b) that the petitioner had vide its letter dated 20th June, 1992 invoked the arbitration clause in the agreement and called upon the respondent to appoint an arbitrator; (c) that the respondent had failed to appoint the arbitrator l...
National Campaign for Dignity and Rights of Sewerage and Allied Worker ...
Court: Delhi
Decided on: Aug-20-2008
Reported in: 155(2008)DLT136
ORDER1. This public interest litigation concerns the working conditions of those employed for cleaning of the sewers in the city of Delhi. It shows that their working conditions are wholly incompatible with human dignity and hazardous for their health and safety. The report by the Centre for Education and Communication (CUC) is placed on record, which apart from analysing the data gathered through the survey conducted in Delhi also suggests short and long term measures to tackle the issue. Reliance is also placed on the order dated 15th February, 2006 of the High Court of Gujarat in Praveen Rashtrapal v. Chief Officer, Kadi Municipality (SCA Nos. 8989/2001 and 11706/2004) where a series of directions have been issued.2. At the first hearing of the PIL, Division Bench of this Court while directing Rule issued, inter alia, the following directions:Having given our careful consideration to the submissions made at the bar, we are of the opinion that a case is made out for the intervention ...
Commissioner of Income Tax Vs. L.G. Electronics India Pvt. Ltd.
Court: Delhi
Decided on: Aug-19-2008
Reported in: [2009]309ITR265(Delhi)
Madan B. Lokur, J.1. The Revenue is aggrieved by an order dated 28th September, 2007 passed by the Income Tax Appellate Tribunal, Delhi Bench `E', New Delhi (the Tribunal) in ITA Nos. 198 and 1999/D/2004 relevant for the Assessment Years 1998-99 and 2001- 02.2. The present appeal is only against the order passed by the Tribunal in ITA No. 198/D/20043. Two questions have been urged by learned Counsel for the Revenue. The first pertains to an addition of Rs. 5,25,386/- made by the Assessing Officer towards interest credited to pre-operative expenses (pending capitalization) to the income of the Assessee.4. It appears that the Assessee had deposited with the bank certain amounts towards margin money for issuance of letters of credit for import of capital goods. On this amount, the Assessee earned an interest of Rs. 5,25,385.87. The Assessing Officer treated this amount as income from other sources and taxed it accordingly.5. The Commissioner of Income Tax (Appeals) [CIT(A)] decided agains...
Surya Pharmaceutical Ltd. Vs. Air India Limited
Court: Delhi
Decided on: Aug-19-2008
Reported in: 153(2008)DLT228
Sudershan Kumar Misra, J.1. The appellant, M/s Surya Pharmaceuticals Limited, had sued for recovery of Rs. 4,96,188/- along with pendente lite and future interest from the respondent, Air India Limited, for the loss of 7 drums out of the total consignment of 40 drums of Amoxicillyn Compacted BP 98. This consignment was air lifted by the respondent, Air India, for transportation from Delhi to Hong Kong. After trial, the appellant's suit was partly decreed by the Additional District Judge for Rs. 1,70,625/- along with costs and interest at the rate of 7% per annum. By this appeal, the appellant has assailed that part of that judgment whereby, some of its claims were rejected. It prays that the impugned judgment and decree in the aforesaid Suit, bearing No. 104 of 2004, be modified, and that the entire suit amount along with interest as claimed, be decreed.2. On 12th July 2002, the appellant/plaintiff booked 40 drums containing bulk drugs with the respondent/defendant vide Air waybill 098...
Akhil Bhartiya Mahajan Shiromani Sabha and ors. and Rajinder Kumar Mah ...
Court: Delhi
Decided on: Aug-19-2008
Reported in: 2008(3)ARBLR517(Delhi); 154(2008)DLT320; 2008(105)DRJ625
Rajiv Sahai Endlaw, J.1. These petitions have been preferred under Section 34 of the Arbitration and Conciliation Act, 1996 challenging the 'Award' dated 28th April, 2008 of Justice R.C. Chopra (retd.). Justice R.C. Chopra (retd.) was appointed as 'Arbitrator/Court Commissioner' vide order dated 29th August, 2007 of the Division Bench of this Court in R.F.A. No. 48/2007. For expediency, the order dated 29th August, 2007 aforesaid is set out as herein below.Appellant has placed on record an affidavit of Mr. T.R. Gupta, President of the Akhil Bhartiya Mahajan Sheromani Sabha whereby he has given his consent to the Court referring all the disputes to a Court Commissioner/Arbitrator of its choice as also for holding the election to the post of the President of Akhil Bhartiya Mahajan Sheromani Sabha and issue necessary directions in this regard. Mr. Razdan submits that though the affidavit, which has been filed, is of Mr. T.R. Gupta on behalf of the Sabha, he is also authorized to make the ...
Gurbachan Singh Vs. State
Court: Delhi
Decided on: Aug-19-2008
Reported in: 154(2008)DLT325
V.K. Shali, J.1. This is an appeal filed by the appellant against the judgment dated 29th September, 2000 and the order of sentence dated 9th October, 2000 passed by Sh. H.S. Sharma, Additional Sessions Judge, Tis Hazari Courts, Delhi convicting and sentencing the appellant to life imprisonment for an offence under Section 302 of the IPC. The appellant was also sentenced to fine of Rs. 10/- in default and he was directed to further undergo sentence of 5 days of Rigorous Imprisonment in default.2. Briefly stated, the prosecution case is that the appellant was married to one Smt. Jitender Kaur nearly 10-11 years back from the date of the alleged offence. Smt. Jitender Kaur was alleged to have been strangulated by the appellant on the night of 8th and 9th October, 1997 between 11.30 p.m. and 12.00 mid-night at the first floor of House No. E-1/220, First Floor, Madangir where the couple was residing. It was the case of the prosecution that the appellant from the wedlock had two sons aged s...
Ashok Kumar Aggarwal and ors. Vs. Rajinder Kumar Aggarwal and ors.
Court: Delhi
Decided on: Aug-19-2008
Reported in: LC2009(1)187; 2009(40)PTC67(Del)
ORDER1. This is an appeal from the judgment and order dated 9th July, 2007 passed by Badar Durrez Ahmed, J in a writ petition under Articles 226 and 227 of the Constitution of India. By that judgment the order of the Intellectual Property Appellate Board dated 9th September, 2004 approving the order of the Assistant Registrar dated 2nd September, 1994 rejecting the opposition filed by the respondent No. 1 herein to the registration of the trade mark AGGARWAL and AGGARWAL SWEET CORNER under application numbers 453308B and 453309 is set aside and the matter is remanded to the Intellectual Property Appellate Board for the purposes of considering the question as to whether the word AGGARWAL which, admittedly is a surname, has acquired sufficient distinctiveness in relation to appellants' No. 2's goods to be registrable under the Trade and Merchandise Marks Act, 1958 (for brevity sake referred to as 'the Act').2. The facts giving rise to this appeal may be shortly stated. The appellants num...
Commissioner of Income-tax Vs. Goverdhan India (P.) Ltd.
Court: Delhi
Decided on: Aug-18-2008
Reported in: [2009]177TAXMAN29(Delhi)
Badar Durrez Ahmed, J.1. The revenue has filed this appeal in respect of assessment year 2001 -02 against the order dated 30-11 -2007 passed by the Income-tax Appellate Tribunal in ITA No. 5679/Delhi/2004.2. The assessee claimed to have made sales of 1315 shawls of the value of Rs. 50,36,600 to one Ambrose International Corporation. The Assessing Officer issued summons Lo Ambrose International Corporation for confirmation with regard to the said sales. The said party sent a copy of its accounts which disclosed that it had purchased only 705 shawls of the value of Rs. 28,19,400 from the assessee. The assessee was asked to explain this difference of Rs. 22,17,200. The assessee sent a letter dated 12-3-2004 wherein the assessee stated that the accounts maintained by Ambrose International Corporation were not accurate and did not reflect the true position. Some instances such as the cheque for Rs. 4.50 lakhs bearing No. 291431 were mentioned in the said letter. More importantly, the assess...
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