Delhi Court July 2009 Judgments
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German Homoepathic Distributors Private Limited Vs. Deutsche Homeopath ...
Court: Delhi
Decided on: Jul-31-2009
Reported in: [2009]150CompCas887(Delhi); [2009]94SCL176(Delhi)
Vikramajit Sen, J. 1. The present Company Appeal is directed against the impugned Judgment and Order of the learned Company Judge dated 20.11.2006 admitting the winding up petition of Deutshe Homeopathic Union DHU Arzneimittel GmbH & Co. Kg, the Respondent in the present Appeal. Publication of citations and appointment of provisional liquidator had been deferred for a period of two months so as to enable the said Respondent company to pay 9,87,044.97 along with interest at the rate of five per cent per annum from the date of filing of the Petition till payment. The amount of said 9,87,044.97 has been reached by the learned Company Judge by setting-off 4,41,438.67, the counterclaim that was held to be genuine, from 14,28,003.44 which is the total outstanding amount due on the German Homeopathic Distributors Private Limited (hereinafter referred as Appellants) on account of eight different orders for purchase of homeopathic medicines, which were undisputedly duly supplied. 2. The Appella...
Jitender Kumar and anr. Vs. Oriental Insurance Co. Ltd. and anr.
Court: Delhi
Decided on: Jul-31-2009
Reported in: 2009ACJ242
J.R. Midha, J.1. The appellants have challenged the award of the learned Tribunal whereby compensation of Rs. 1,54,500 was awarded to the appellants. Appellants seek enhancement of the award amount.2. The accident dated 4.9.2005 resulted in the death of Sagar. The deceased was aged 3 years at the time of the accident and was survived by his parents who filed the claim petition before the learned Tribunal.3. Learned Tribunal took the notional income of the deceased at Rs. 15,000 per annum and deducted 1/3rd for the personal expenses of the deceased and applied the multiplier of 15 to compute the loss of dependency at Rs. 1,50,000. Rs. 2,500 has been awarded towards the loss to estate and Rs. 2,000 has been awarded towards funeral expenses. The total compensation awarded is Rs. 1,54,500.4. The learned Counsel for appellants refers and relies upon the judgment of this Court in the case of National Insurance Co. Ltd. v. Farzana : 2009 ACJ 2763 (Delhi), in which compensation of Rs. 3,75,000...
Deepak Maini Vs. Star Plus and ors.
Court: Delhi
Decided on: Jul-29-2009
Reported in: 162(2009)DLT352
ORDER1. Present batch of two writ petitions have been filed under Article 226 of Constitution of India seeking a ban on telecast of Sach Ka Samna. shows. It has further been prayed that this Court should issue appropriate writ, order or direction to respondents to take appropriate steps for regulating TV broadcasting and for setting up a regulatory body like Central Board of Film Certification.2. Mr. N.S. Dalal, learned Counsel for petitioner in W.P.(C) 10383/2009 contended that telecast of Sach Ka Samna. shows have not only led to erosion of social values but also pose a grave threat to our Country.s culture. He submitted that there was neither any rule, regulation nor any regulatory mechanism to regulate telecast of any television show. Mr. Dalal referred to some of the questions put to participants on Sach Ka Samna. show to contend that they were not only vulgar but also obscene.3. Mr. Vikas Singh, learned Senior Counsel appearing for petitioner in W.P.(C) 10396/2009 submitted that ...
G.C. Day Vs. the Management of Eureka Forbes Ltd. and anr.
Court: Delhi
Decided on: Jul-28-2009
Reported in: (2010)ILLJ128Del
S.N. Aggarwal, J.1. This writ petition filed by the workman (the petitioner herein) is directed against an industrial award dated 13.12.2002 passed by Mr. Pradeep Chaddah, then Presiding Officer, Labour Court II, Delhi declining any relief to him. Vide impugned award, the Industrial Adjudicator has held that the petitioner has left the service of the management (respondent No. 1 herein) of his own, voluntarily and without there being any pressure on him.2. Briefly stated the facts of the case relevant for disposal of this writ petition are that the petitioner was appointed as a Service Technician with respondent No. 1 w.e.f. 12.05.1986. His last drawn wages was Rs. 4,809/- per month. On 15.04.1994, he tendered his resignation and requested the management to relieve him from its service w.e.f. 30.06.1994 as he no longer wanted to continue in its service for his problems on domestic front. The resignation tendered by the petitioner was accepted by the management on 16.04.1994 by making a...
Mehar Singh Vs. Cement Manufacturers' Association
Court: Delhi
Decided on: Jul-28-2009
Reported in: (2010)ILLJ733Del
S.N. Aggarwal, J.1. This writ petition filed by the workman (petitioner herein) is directed against an award dated February 29, 2008 passed by Ms. Renu Bhatnagar, Presiding Officer, Labour Court-X, Delhi by which his termination from the service of the management (respondent herein) has been found to be legal and justified.2. Heard.3. Briefly stated, the facts of the case are that the petitioner was appointed as a driver with the respondent on September 1, 1982 and his last drawn wages were Rs. 4600/- per month. He was charge sheeted by the respondent management vide charge sheet dated March 5, 1997 with the charge that on February 16, 1997, he was driving the company's car under influence of liquor and had hit a Maruti car bearing No. DL-2CE-9051 driven by a lady. Domestic inquiry was held against the petitioner in which he was found guilty of the charges levelled against him vide charge sheet dated March 5, 1997 referred above. The management of the respondent on the basis of the inq...
Workmen of Mcd Vs. Mcd
Court: Delhi
Decided on: Jul-27-2009
Reported in: 161(2009)DLT458; (2010)ILLJ417Del
Kailash Gambhir, J.1. This common order shall dispose of all the 18 matters bearing WPC Nos. 2505/2007, 2506/2007, 2507/2007, 2508/2007, 2509/2007, 2517/2007, 2518/2007, 2536/2007, 2609/2007, 4968/2007, 4969/2007, 4970/2007, 4971/2007, 4972/2007, 4973/2007, 4974/2007, 4975/2007, 5008/2007.2. The brief conspectus of the facts as set out in these petitions are as under:That the petitioners/workmen are working in the category of Group 'C' & 'D' like Choudhury, Mali, Chowkidar, Sweeper, Machine man, Hedgman, Pump Operator, Blacksmith, Bhisti, Bullackman, Asstt. Pump Driver, Painter, Beldar, Driver, fitter, tech. supervisor etc. As per the petitioners they are entitled to the cost including stitching charges and quantum of liveries as per orders issued by the Deptt. of Personnel and Training, Government of India and adopted by the management of MCD from time to time to compensate the workers for liveries and stitching charges used for the work of MCD. The allowances are granted to the emplo...
The Commissioner of Income Tax-v Vs. Panacea Biotech Ltd.
Court: Delhi
Decided on: Jul-27-2009
Reported in: [2009]183TAXMAN212(Delhi)
Valmiki J. Mehta, J. 1. Three issues have been raised by the Revenue in this appeal under Section 260(A) of the Income Tax Act, 1961. The first issue is that the ITAT has erred in allowing depreciation on the flat purchased by the assessee at Mumbai. The second issue raised by the Revenue is that the ITAT has erred in allowing expenditure made by the assessee for the purchase of two machines in the relevant year. The third issue canvassed is that ITAT has erred in allowing expenditure incurred by the assessee on its R&D; office and the same ought not to have been allowed. 2. Qua the first issue, the facts which have emerged from the record are that the possession of the flat was obtained on 21.3.2000, the deed in respect of the same was registered on 29.3.2000 (though the Sub-Registrar returned it to the assessee on 7.4.2000), the charges to the society where the flat is situated were paid on 29.3.2000, One consignment was sent to this office/flat through M/s. Mayur Roadways, and the f...
NitIn Ramniklal Shan Vs. Special Director
Court: Delhi
Decided on: Jul-27-2009
Reported in: 166(2009)DLT107; [2009]95SCL131(Delhi)
ORDERSanjiv Khanna, J.1. The petitioners, Mr. Nitin Ramniklal Shah and Mr. Mahesh Ramniklal Shah, have filed the present petition against the order dated 6-3-2006 passed by Appellate Tribunal for Foreign Exchange rejecting their applications for dispensation of pre-deposits of the penalty amount of Rs. 5,00,000 and Rs. 5,20,000 respectively imposed on them by the Adjudicating Authority under the Foreign Exchange Regulation Act, 1973 ('Act', for short).2. The allegation against the petitioner Nos. 1 and 2 is that they had purchased NRI cheques of Rs. 12,21,057 and Rs. 13,00,000 respectively from one Mr. Sanjiv Goel. It is alleged that these cheques were purchased after paying consideration of Rs. 16,04,000 and Rs. 17,00,000 and the petitioners had violated provisions of Section 9(1)(d) of the Act. It is also claimed that the petitioners are not entitled to protection granted under the Remittance of Foreign Exchange and Investment in Foreign Exchange Bonds (Immunities and Exemptions) Act...
C.i.T. Vs. Dalmia Cement Bharat Ltd.
Court: Delhi
Decided on: Jul-24-2009
Reported in: [2009]183TAXMAN422(Delhi)
Valmiki J. Mehta, J.1. The following question of law has been referred to this Court for opinion by the Income Tax Appellate Tribunal (=I.T.A.T.), Delhi:Whether, on the facts and circumstances of the case, the Tribunal was correct in holding that no portion of the interest paid by the assessee on its borrowed funds can be disallowed on the ground that a portion thereof has been diverted to subsidiary company.2. The facts of the case on the basis of which the above question has been referred are that the assessee company M/s. Dalmiya Cement (Bharat) Limited manufactures and deals in cement and dead burnt magnesite. Its method of accounting is mercantile and the accounting year for the assessment years 1976-77 and 1977-78 ended on 31.12.1975 and 31.12.1976, respectively. The assessee company had advanced an interest free loan to the tune of Rs. 40,00,000/- to its 100% subsidiary company, namely, M/s. Srirangam Investment Company, Limited. The Income Tax Officer(=ITO) noted from the accou...
Commissioner of Income Tax Vs. H.B. Stock Holdings Limited
Court: Delhi
Decided on: Jul-24-2009
Reported in: [2009]184TAXMAN352(Delhi)
Valmiki J. Mehta, J.1. This appeal under Section 260A of the Income Tax Act, 1961 (hereinafter 'the Act') is preferred by the Revenue against the order dated 31.5.2007 of the Income Tax Appellate Tribunal (ITAT) whereby the ITAT accepted the appeal filed by the assessee/respondent and set aside the orders of the Assessing Officer and the CIT(Appeals).2. There are two issues in this appeal. The first issue pertains to disallowance of the loss of Rs. 5,64,90,487/- by the Assessing Officer which was suffered by the assessee on account of the share transactions. The Assessing Officer disallowed it on the ground that the transactions were entered into with group concerns and the Assessing Officer doubted the genuineness. The second issue pertains to disallowance of the claim of deduction of interest of Rs. 83,77,871/- on the ground that the assessee had given interest free advances amounting to Rs. 13.05 crores to its sister concern M/s. Mount Finance Company Pvt. Ltd. The Assessing Officer...
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