Delhi Court April 2009 Judgments
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Vijay Polymers Pvt. Ltd. and anr. Vs. Vinnay Aggarwal
Court: Delhi
Decided on: Apr-24-2009
Reported in: 162(2009)DLT23; (2009)156PLR1
Mool Chand Garg, J.1. The basis issues which involved in this case are:(i) Whether the complaint dated 13.12.2007 (Annexure P-4) filed under Section 138 of the Negotiable Instruments Act (for short 'the N.I. Act') by respondent against the petitioner is not maintainable in law inasmuch as, it is pleaded, that the same is based upon the dishonor of a cheque which was issued by petitioner No. 2 in lieu of a debt which was not legally recoverable as alleged at the time of issuance of the said cheque?(ii) Whether the summoning order is sustainable in the facts of this case in view of the judgment of Apex Court delivered in Special Leave to Appeal being SLP (Crl.) 1785/2001 decided on 10.9.2001?2. This petition has been filed by the accused persons who were summoned to face the trial in this case of a charge under Section 138/141 of the N.I. Act vide order dated 21.01.2008, which order was passed by the trial court taking note of the averments made in the complaint which was filed in suppor...
Gopal Das Estate and Housing Pvt. Ltd. Vs. National Insurance Company
Court: Delhi
Decided on: Apr-24-2009
Reported in: (2010)157PLR23
Manmohan Singh, J.1. In the present execution petition, the decree-holder prays for executing the order and decree dated 25th May, 2000 passed by this Court by attachment of space measuring 1203 sq. ft on 12th Floor in Dr. Gopal Das Bhawan, 28, Barakhamba Road, New Delhi by issuance of warrants of attachment and possession. It is further prayed that the Executive Officer of the Judgment Debtor be directed to handover possession to the decree-holder through its Managing Director and to handover the keys of the premises and to pay mesne profits at the market rate @ Rs. 250 per sq. ft. with effect from 1st January, 2008 till the Judgment debtor vacates and hands over the possession in terms of the compromise decree dated 26th May, 2000.2. During the course of hearing, learned Counsel for the decree-holder has given up the prayer for mesne profits as prayed in the Execution petition and insists on other reliefs as mentioned in the prayer clause of the Execution petition.3. A joint applicat...
Givo Ltd. Vs. David Johnson
Court: Delhi
Decided on: Apr-23-2009
Reported in: 159(2009)DLT226; (2009)IVLLJ748Del
Mukul Mudgal, J.1. This appeal by the employer arises from the judgment of the learned Single Judge dated 25th October, 2002. By the impugned judgment, the learned Single Judge dealt with the objections to an arbitral award dated 11th January, 2000 preferred by the respondent herein who was an employee of the appellant.2. The facts of the case have been summarized by the learned Single Judge in the following words:2. The background of facts, to the extent necessary for appreciating the challenge to the arbitral award, is that the petitioner joined the employment of the respondent, in the capacity of 'Chief Modalist', drawing in those times, a fairly huge salary of Rs. 37,216/- per month.3. The petitioner's case is that he was illegally suspended w.e.f. 18.12.96, and then illegally dismissed from service w.e.f. 31.8.98 and that he was not paid his salary from December 1996 onwards, despite repeated demands.4. The respondent had preferred a counter claim on the ground of breach of non-co...
Ch. Hoshiar Singh Mann and ors. Vs. Charan Singh and ors.
Court: Delhi
Decided on: Apr-23-2009
Reported in: 162(2009)DLT208
Rajiv Sahai Endlaw, J.1. The application of the plaintiffs for interim relief is under consideration. The plaintiffs, who are 12 in number have instituted this suit inter-alia on the averments that the plaintiffs No. 1,3 to 6 and the plaintiff No. 10 and the defendants No. 1 to 3 & 5 to 9 along with four other persons i.e. 18 in all were as on 12th May, 2007 trustees of Sir Chhotu Ram Educational Trust, Kanjhawala, Ghevra, Delhi, a Public Charitable Trust registered under the Trusts Act; that under Article 2, of the Rules & Regulations of the said trust, the trust is to always comply with the provisions of the Societies Registration Act, 1860; that in the meeting of the trust held on 27th March, 2007 it was resolved to amend the rules & regulations of the trust; that the elections to the post of the office bearers of the trust i.e. Chairman, Vice Chairman, Secretary, Joint Secretary and Treasurer were scheduled to be held on 12th May, 2007; that as per the rules & regulations, the elec...
Swami Vivekanand College of Education Through Its Secretary Sh. Rajeev ...
Court: Delhi
Decided on: Apr-23-2009
Reported in: 160(2009)DLT511
Madan B. Lokur, J.1. Learned Counsel for the Petitioner has challenged Clause 8(4) and 8(5) of the National Council for Teacher Education (Recognition Norms & Procedure) Regulations, 2007 issued vide notification dated 27th November, 2007 (notified on 10th December, 2007).2. Clause 8 generally deals with the conditions for grant of recognition. Clause 8(4) which is under challenge deals with an application for enhancement of intake and reads as follows:An institution shall be permitted to apply for enhancement of intake in Secondary Teacher Education Programme - B.Ed. & B.P.Ed. Programme, if it has accredited itself with the National Assessment and Accreditation Council (NAAC) with a Letter Grade B developed by NAAC.3. The Petitioners are colleges imparting teacher training courses. They already have some 'students' and were granted additional intake of 'students' as per the National Council for Teacher Education (Recognition Norms & Procedure) Regulations, 2005.4. According to learned...
S. Malkinder Singh and anr. Vs. Delhi Sikh Gurdwara Management Committ ...
Court: Delhi
Decided on: Apr-22-2009
Reported in: AIR2009Delhi153; 159(2009)DLT291
Rekha Sharma, J.1. The management of the Sikh Gurudwaras was placed into the hands of the Sikh community after a long drawn struggle and after great many sacrifices. The Sikh Gurdwara Act of 1925 was hailed as a great victory. The Delhi Sikh Gurdwara Act which followed the Act of 1925 equally appeared to be a salutary achievement since it placed the management of the Delhi Gurdwaras into the hands of local Sikh electorate. However, a strong segment of Sikh intelligentsia feels that 'what appeared to be an achievement has turned out to be a real curse for the community' [See - 'Towards Corporate Maturity of Sikh' - Jaswant Singh Neki, in The Sikh Review March, 2009].2. It has become almost a regular feature in Delhi Sikh Gurdwaras that the faction in power makes every effort to hold on to the office making a mockery of the provisions of the Delhi Sikh Gurdwaras Act. The present litigation is the outcome of the struggle of one faction to remain in office and of the other to dislodge.3. T...
Arihant Tea Company Vs. Jayshree Tea and Industries Ltd.
Court: Delhi
Decided on: Apr-22-2009
Reported in: 2009(40)PTC267(Del)
Manmohan, J.1. Present petition has been filed under Article 227 of the Constitution of India challenging the order dated 4th June, 2008 whereby Additional District Judge dismissed petitioner/plaintiff's application filed under Order 6 Rule 17 CPC.2. Learned Counsel for petitioner states that in view of coming into force of new Trade Marks Act, 1999 with effect from 2003, petitioner had applied for registration of its mark under class 35 in the category of services. In July, 2007 petitioner/plaintiff received a new certificate of registration under class 35 and consequently, in November, 2007 it filed an application under Order 6 Rule 17 CPC for adding relief of infringement in an already pending passing off suit. He submitted that by way of the amendment application, petitioner/plaintiff wanted to bring on record the said subsequent event and at this stage, trial court could not have gone into merits or demerits of the proposed amendment - as it did.3. Learned Counsel for respondent/d...
Commissioner of Central Excise Vs. Kandhari Radio and ors.
Court: Delhi
Decided on: Apr-22-2009
Reported in: 2009(165)LC257(Delhi); 2009(238)ELT27(Del)
Vikramajit Sen, J.1. CM No. 8908/2008 has been filed for the restoration of the Appeal which was dismissed for non-prosecution on 25.3.2008. Learned Counsel for the Respondent very fairly submitted that the Appeal may be restored. In view of the averments made in the Application it is allowed and the Appeal is restored to its original number.2. This Appeal has been filed under Section 36G of the Central Excise Act, 1944 ('Act' for short) against the Final Order of the Customs Excise and Service Tax Appellate Tribunal passed on 2.12.2005.3. Learned Counsel for the Respondent has raised an objection at the very threshold to the effect that the Appeal is liable to be dismissed, having been filed after the expiry of the period set-down in Section 35G. In support of his submission that the Appeal must automatically, inevitably and inexorably be dismissed, learned Counsel for the Respondent has relied on Commissioner of Customs, Central Excise, Noida v. Punjab Fibres Ltd., Noida : 2008(223)E...
Dr. Rajni Palriwala Vs. Dr. D. Mohan and anr.
Court: Delhi
Decided on: Apr-22-2009
Reported in: 162(2009)DLT126
ORDERS. Muralidhar, J.1. The challenge in this petition under Section 482 CrPC is to an order dated 24th June 2006 passed by the learned Metropolitan Magistrate (MM) in CC No. 26981/1 of 2005 (renumbered as CC No. 1206/1 of 2005) titled Dr. D. Mohan v. Dr. Rajni Palriwala. It also seeks the quashing of the said criminal complaint and all proceedings consequent thereto.Background facts2. The Respondent No. 1/Complainant Dr. D. Mohan on 23rd September 2005 filed an application under Section 156(3) CrPC against the petitioner in the court of the learned Additional Chief Metropolitan Magistrate praying for the registration of an FIR for the offences under Sections 420, 468 and 471 IPC. It was stated in the said application that Smt. Kamala Mohan, the mother of the applicant (Respondent No. 1 herein) was the owner of the property at G-4 Jungpura Extension, New Delhi-14 ('the property'). She had sold the first floor of the property to the petitioner for Rs. 18 lakhs through a sale deed execu...
G.E. Capital Transportation Financial Services Ltd. Vs. State and anr.
Court: Delhi
Decided on: Apr-22-2009
Reported in: 2010CriLJ480
Reva Khetrapal, J.Crl. L.P. 279/2008Leave granted.The leave petition stands disposed of accordingly.Crl. A. /2009 (to be numbered)1. Be registered and numbered.2. This appeal is directed against the order dated 18.10.2008 passed by the learned Metropolitan Magistrate, New Delhi acquitting the accused in the complaint case titled as 'G.E. Capital Transportation Financial Services Ltd. v. Shyam Vir Singh' filed under Section 138 of the Negotiable Instruments Act.3. The facts relevant for the disposal of the present appeal are that the respondent No. 2 had approached the appellant Company for grant of loan for the purchase of a vehicle, consequent to which a loan agreement was executed between the appellant Company and the respondent No. 2. Subsequently, in discharge of the outstanding amount, the respondent No. 2 issued two cheques bearing No. 78794 dated 20.09.2007 for an amount of Rs. 14,850/- and another Cheque No. 78795 dated 20.10.2007 for an amount of Rs. 14,850/- both drawn on the...
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