Delhi Court September 2008 Judgments
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Mojj Engineering Systems Ltd. and ors. Vs. A.B. Sugars Ltd.
Court: Delhi
Decided on: Sep-29-2008
Reported in: 154(2008)DLT579
Sudershan Kumar Misra, J.1. The petitioners have moved this Court under Section 482 of the Code of Criminal Procedure. They pray that the summoning order issued by the Metropolitan Magistrate, Patiala House, New Delhi on 11. 04. 2008, in criminal complaint No. 399/1 of 2007, under Sections 138, 139 and 141 of the Negotiable Instruments Act, 1881, be quashed. 2. The first petitioner is a Company registered under the Companies Act. Its registered office is at Pune. Petitioners No. 2 and 3 are the Directors of the first petitioner. The respondent is also a company. It is registered at New Delhi. A contract was entered between the first petitioner and the respondent whereby the first petitioner was to set up a 'Mutli Effect Evaporater Distillation Plant for Bio-Methanated Spent Wash' for the respondent. By way of security for due performance of that contract, the first petitioner issued an undated cheque favoring the respondent for Rs. 29,50,000/- drawn on Bank of Maharashtra, Model Colony...
Suraj Jit Chaudhri Vs. Cbi
Court: Delhi
Decided on: Sep-29-2008
Reported in: 155(2008)DLT509; 2008(106)DRJ464
B.N. Chaturvedi, J.1. Instant application, under Section 389 Cr.P.C. made by the appellant, seeks suspension of sentence inflicted on him vide impugned order of sentence dated 3.5.2008 under Sections 302 IPC and 3/4 of the Explosive Substances Act, 1908.2. Facts relevant for disposal of the application, as gathered from the record, disclose that the appellant, a Lt. Colonel in the Indian Army, was married to one Smt.Rani Chaudhary on 31st of March, 1971. Their marital ties suffered a set back when in May, 1976 Smt.Rani Chaudhary left the appellant's company and started living separately with her parents. She filed a divorce petition under Section 13(1)(1) of the Hindu Marriage Act on 1st of September, 1979 in the Court of District Judge, Delhi, wherein an ex parte decree of divorce was granted in her favour on 6th of December, 1979. The appellant filed an appeal before this Court on 5th of March, 1980 for setting aside the ex parte decree. At the same time, he also filed a petition on ...
Commissioner of Income-tax Vs. Dapur Pharma
Court: Delhi
Decided on: Sep-29-2008
Reported in: [2009]177TAXMAN454(Delhi)
ORDER1. This appeal is directed against the order dated 30-11 -2007 passed by the Income-tax Appellate Tribunal in ITA No. 3975/Delhi/2006 pertaining to the assessment year 2004-05.2. The only issue sought to be raised in the present appeal relates to the treatment given to the provision made for doubtful debts. According to the Assessing Officer this would be a provision for liability and, therefore, Explanation (c) to Section 115JB(2) of the Income-tax Act, 1961 was applicable. Consequently, the Assessing Officer made the addition in respect of provision made by the assessee for doubtful debts. However, the Commissioner of Income-tax (Appeals) and the Tribunal both regarded the said provision as not a provision for liability but a provision for diminution in the value of the assets. Consequently, they held that Explanation (c) to Section 115JB(2) of the said Act did not come into play.3. We find that the same view has been taken by this Court in CIT v. Etcher Ltd. [2006] 287 ITR 1701...
The Workman S.K. Adhikari Vs. the Management of St. Stephen's Hospital ...
Court: Delhi
Decided on: Sep-29-2008
Reported in: 155(2008)DLT360
Sudershan Kumar Misra, J.1. The petitioner, Sh. S.K. Adhikari has approached this Court against an order dated 16th May, 2006 passed by the Labour Court-XX (Fast Track), Karkardooma Courts, New Delhi in ID No. 595/2006 (Old No. 550/1998). By that order, the Labour Court set aside the enquiry that was instituted by the respondent Hospital against the petitioner/workman on the ground that the Enquiry Officer, who happened to be retired District Judge, had violated the principles of natural justice by not permitting the petitioner to be represented by one Mr. Hamilton despite a request by the petitioner in that behalf. The Labour Court felt that as a result of this refusal, the petitioner/workman was denied a proper and fair opportunity to defend himself and for that reason, the enquiry proceedings stood vitiated and deserve to be set aside. As requested by the respondent in its written statement before the Labour Court, after the enquiry was set aside for the aforesaid reason, the respon...
Gautam Dev Shourie and ors. Vs. Vijay Shourie and ors.
Court: Delhi
Decided on: Sep-29-2008
Reported in: 2008(106)DRJ793
Hima Kohli, J. 1. The present application is filed by the defendants No. 4 to 6, sisters of defendant No. 1 praying inter alia for their transposition as plaintiffs in view of the demise of the plaintiff No. 1 who instituted the present suit. The same was filed by the applicants on 7.4.2005 and notice was issued thereon to the non-applicants on 20.4.2005. Within two weeks thereafter i.e. on 29.4.2005, an application was filed by the original plaintiff under Order 23 Rule 1 CPC, being IA No. 3368/2005 praying inter alia for withdrawal of the suit in view of the fact that a compromise was arrived at between the parties. The aforesaid application was allowed, vide order dated 29.4.2005, wherein it was recorded that the defendants No. 1,2 & 7 have no objection to the request made by the plaintiff for withdrawal of the suit. It is pertinent to note that the aforesaid application was duly supported by the affidavits of the plaintiff and the defendant No. 1. Accordingly, the application was a...
Ranbir Singh Vs. the State (N.C.T. of Delhi)
Court: Delhi
Decided on: Sep-29-2008
Reported in: 155(2008)DLT614
Sudershan Kumar Misra, J.1. The petitioner has moved this Court under Section 397 read with Section 401 of the Code of Criminal Procedure. He is aggrieved of an order passed by the Learned Additional Sessions Judge, on 15. 2. 2008, in C. A. No. 89/2007. By that order the Ld. ASJ confirmed the order of the Metropolitan Magistrate, sentencing the petitioner to undergo rigorous imprisonment for two months under Section 279 IPC, with a fine of Rs. 500/-; and rigorous imprisonment for one year with fine of Rs. 2, 000/- under Section 304-A IPC. The facts in a nut-shell are as follows:2. On 25. 5. 1995, while driving a bus bearing registration No. DL-1P-3997 at the Narela Singhu Border, Delhi, the petitioner hit a scooter bearing No. HR-10-6591. He injured both the persons riding the scooter, but the pillion rider succumbed to the injuries. PW-8, Bijender Kumar, son of the deceased, who was driving the scooter, was an eye witness to the accident. Before the Metropolitan Magistrate, Bijender K...
Commissioner of Income Tax Vs. Eds Electronics Data Systems (India) Pv ...
Court: Delhi
Decided on: Sep-29-2008
Reported in: [2009]316ITR475(Delhi); [2009]178TAXMAN158(Delhi)
Badar Durrez Ahmed, J.1. This appeal under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as the 'said Act') is directed against the Tribunal's order dated 10.03.2004 pertaining to the assessment year 2000-2001.2. The learned Counsel for the appellant/revenue pressed two issues before this Court. One was with regard to the payment made to expatriates in the sum of Rs. 4,03,31,726/-. According to the revenue the said payment could not be treated as an accrued liability in the year in question because the Reserve Bank of India's permission for such remittances had been received in the subsequent year. The case of the revenue is that since the approval for remittances had been received in the subsequent year, there could not have been an accrued liability in the current year.3. The other issue sought to be raised by the revenue pertains to the provision made for bad/doubtful debts for the purposes of computing book profits under Section 115JA of the said Act. The Assess...
Ajnuman Cooperative Group Housing Society Ltd. (Regd.) Vs. Registrar o ...
Court: Delhi
Decided on: Sep-29-2008
Reported in: 2008(105)DRJ650
Manmohan Sarin, J.1. Petitioner Society through its Secretary Mr. V. Subramaniam, has filed the present writ petition seeking a direction to the Delhi Development Authority, respondent No. 2 herein, to issue the Completion Certificate and grant Provisional Occupancy Certificate to the Society. A writ of mandamus is also sought directing the respondent No. 1 Registrar, Cooperative Societies and respondent No. 2, DDA to hold a draw of lots for allotment of flats to the members of the petitioner Society. 1. Background facts:(i) It is averred in the petition that originally, employees of Bharat Electronics Limited, Ghaziabad, had founded the Society in the year 1983 with 90 members having a freeze strength of 120 members. The Society had on 14.8.1990, resolved that members should contribute towards future cost of land @ Rs. 2,000/- per quarter from October, 1990. The amount of contribution was reduced to Rs. 1,000/- per quarter. Finally, on 16.10.1991, it was capped at 5 instalments of Rs....
Commissioner of Income-tax Vs. J.M.D. International
Court: Delhi
Decided on: Sep-29-2008
Reported in: [2009]179TAXMAN253(Delhi)
ORDER1. This is an application for condoning the delay of 18 days in filing the appeal.2. The delay is condoned. This application stands disposed of. ITA 1140/20083. This appeal is directed against the Tribunal's order dated 11-1-2008 passed in IT (SS) No. 70/D/2006 pertaining to the block period 1-4-1996 to 4-4-2002. The Assessing Officer in the block assessment had made an addition in respect of cash deposits in two accounts of the assessee in ABN Amro Bank. The Commissioner of Income-tax (Appeals) had deleted the addition on the ground that the said accounts had been shown in the regular books of account maintained by the assessee. He was also of the view that such an addition could not be made in the block assessment proceedings. The Income-tax Appellate Tribunal concurred with the view taken by the Commissioner of Income-tax (Appeals) in deleting the addition made by the Assessing Officer The Tribunal observed that the cash deposits in question had been entirely recorded by the as...
Colonel Sandes Vs. Union of India (Uoi) and ors.
Court: Delhi
Decided on: Sep-26-2008
Reported in: 154(2008)DLT375; 2008(106)DRJ640
ORDERIC-35684a Col Sandes, Inf (MARATHA LI) has submitted a Statutory Complaint dated 21.04.2005 to the Central Government against CR 09/99-03/00. The officer in his statutory complaint has highlighted his performance as CO of an INf Battalion deployed on the LC in Northern Command. He has stated that the vulnerability and untenability of one of the listening posts (LP) was brought to the notice of his superiors on a number of occasions. The vulnerability of the post had increased during Operation VIJAY and the need to relocate was projected verbally and in writing. His persistent request to re-site the post fell on deaf ears. The post was raided on 27 February, 2000 and consequent to this higher formation accorded permission to relocate/vacate the post. He is convinced that the incident of raid could have been avoided if his persistent request to relocate the post had been accepted by the authorities concerned in time. The officer has impugned the Cr 09/99-03/00 earned by him or relin...
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