Delhi Court January 2010 Judgments

Sarwan Dass Bange Vs. Ram Prakash

Court: Delhi

Reported in: 167(2010)DLT80

Rajiv Sahai Endlaw, J.1. This Revision Petition under Section 25B(8) of the Delhi Rent Control Act, 1958 has been preferred by the landlord against the order dated 27th April, 2009 of the Additional Rent Controller granting to the respondent/tenant leave to defend the petition for eviction under Section 14(l)(e) read with Section 25B of the Act.2. The petition for eviction has been filed with respect to the portion of House No. 60, Vinobha Puri, Lajpat Nagar, New Delhi in occupation of the respondent/tenant. Besides the respondent/tenant, there were two other tenants also in the remaining portion of the house. It was the case of the petitioner/landlord before the Additional Rent Controller that he had filed the petitions for eviction not only against the respondent/tenant but also against the other two tenants in the house, with a view to have the entire house vacated for his own use. During the course of hearing before this Court, the senior counsel for the petitioner has informed tha...

Sanjay Suri and ors. Vs. State and anr.

Court: Delhi

Reported in: 167(2010)DLT123

V.K. Jain, J.1. By this common judgment, I shall dispose of all the three petitions referred above.2. Petitioner No. 1 and 3 are the Managing Director and Director respectively of petitioner No. 2, Dr. Morepen Ltd. (hereinafter referred to as the company). Vide its letter dated 7th June, 2005, Ministry of Company Affairs directed inspection of books of accounts and other records of the company. Pursuant thereto, inspection was carried out by Deputy Registrar of Companies for the period from 11th July, 2001 to 30th September, 2004, on various dates starting from 10th October, 2005 and the inspection continued up to 10th March, 2006. During the course of inspection, it was noticed that the company had acquired 8,86,716 shares of Total Care Limited on 8th March, 2003 and since the aforesaid shares constituted 95% of the total paid up capital of M/s Total Care Limited. In terms of provisions of Section 212(1) of Companies Act, 1956, M/s Total Care Limited thereby became subsidiary of the c...

Ashwani Tobacco Co. Pvt. Ltd. Vs. Union of India (Uoi) and ors.

Court: Delhi

Reported in: 2010(173)LC1(Delhi); 2010(251)ELT162(Del)

Siddharth Mridul, J.1. By way of the present writ petition, the Petitioner seeks to challenge the miscellaneous order No. 142/CE/09-SC(PB) dated 29th April, 2009 and prays for the following relief:(i) Quash and set aside the impugned miscellaneous order dated 29.4.2009 and received by the petitioner on 8.5.2009 to the extent it denies the benefit of payment of penalty @ 25% as provided under Section 11AC of the Excise Act;(ii) Consequent to (i) above, direct the Settlement Commission to grant to the petitioner, complete immunity from penalty or in the alternative, extend the benefit of reduced payment of penalty @ 25% under Section 11AC.2. The facts as are necessary for the adjudication of the present writ petition may be adumbrated as follows:(a) The Petitioner is a manufacturer of readymade Khaini under the brand name 'Madhu. falling under Chapter 24 of the 1st Schedule to the Central Excise Tariff Act, 1985 and is registered with the concerned Central Excise Authorities.(b) Based on...

L.G. Electronics Vs. Commissioner of Trade and Taxes

Court: Delhi

Reported in: 167(2010)DLT67

Siddharth Mridul, J.1. The present writ petition assails the impugned order No. 2039 dated 4th July, 2008 under Rule 29 of the Delhi Sales Tax Rules, 1975 whereby the Joint Commissioner (KCSU) has rejected the refund arising out of the assessment orders passed for the years 1997-98, 1998-99 and 1999-2000 respectively.2. At the outset, it must be pointed out that this is the third round of litigation between the Petitioner and the Revenue arising out of the same issue.3. The facts as are relevant for adjudication of the present writ petition are that:(a) The Petitioner is a limited company engaged in the manufacture and sale-purchase of electronic items. It has a chain of distributors and dealers through whom its goods are sold to ultimate customers. According to the Petitioner it has floated several schemes by virtue of which it offers trade discounts against the catalogue price and also cash discounts on immediate payments for the benefit of the distributors and dealers. Contracts in ...

M/S Modi Gas and Chemicals Vs. Cce, Ghaziabad

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Per: Shri Justice R.M.S. Khandeparkar: None present for the appellants. Learned DR present for the respondent. Dismissed for default....

M/S J.S Khalsa Steels (P) Limited Vs. Cce, Chandigarh

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Per: Shri Justice R.M.S. Khandeparkar: The appeal is taken up for final hearing in terms of stay order passed today in stay application No. 1817/2009 after hearing the learned Advocate for the appellants and learned DR for the respondent. 2. The only point which is sought to be raised in the matter is that the Commissioner (Appeals) erred in dismissing the appeal in default under Section 35F of the Central Excise Act, 1944 in spite of the fact that the amount ordered to be deposited in terms of order passed in stay application was already deposited. 3. Perusal of the records apparently reveal that under order dated 27.02.2009, the appellants were directed to deposit a sum of Rs. 1,23,462/- within ten days as pre-deposit in terms of Section 35F of the said Act. The appellants did deposit the said amount on 05.03.2009. However, a communication in that regard, instead of being addressed to the office of the Commissioner (Appeals), was addressed to Superintendent, Central Excise, Range-II,...

Jameel Ahmad Versus Union of India Through Secretary, Ministry of Defe ...

Court: Armed forces Tribunal AFT Principal Bench New Delhi

1. The petitioner is agitated about his Court Martial on 2nd January 1990, whereby he was dismissed from service and also awarded four months. rigorous imprisonment. The petitioner states that this was done most arbitrarily and was blatantly unfair and unduly harsh, especially because he had valid reasons for being on leave and also because he had about 12 years of service on this day which has been rendered fruitless on account of his dismissal. 2. The petitioner contends that he had been serving with all dignity and grace in the Army for about twelve years upto September 1989. At this time, he was posted with RAJ RIF Training Centre at Delhi when he was transferred to his unit 3 RAJ RIF at Poonch (C/o 56 APO) in Jammu and Kashmir. He was given orders to move on 2nd September 1989 to his unit and although he had not got any leave or break journey, since he belonged to Gurgaon which was very close to New Delhi, he decided to go home and drop his heavy baggage before proceeding to his ...

Ex.Sepoy Anand Singh Versus Union of India Through the Secretary, Mini ...

Court: Armed forces Tribunal AFT Principal Bench New Delhi

1. The petitioner prays for setting aside the SCM proceedings dated 29th September 1997, under which he was dismissed from service, and seeks to be reinstated with all consequential benefits. 2. The petitioner urged that he was enrolled in the Army on 30th December 1993, prior to which he was thoroughly examined for any medical infirmities and was declared fit in all respects. However, on 12th February 1994, while he was undergoing training, he was admitted to Military Hospital, Raniket, from where he was transferred to Command Hospital, Lucknow where he was diagnosed as a psychiatric case - Schizophrenia 295. He was placed in medical category EEE and despite his repeated requests, he was boarded out from service on medical grounds on 22nd May 1994. 3. Notwithstanding this set back, the petitioner once again set out to achieve his ambition of serving in the Army and again appeared before the Recruiting Officer, Almora for enrolment. He qualified for enrolment, which included another th...

Mrs. Mala Tandon Thukral Vs. Director of Education and ors.

Court: Delhi

Reported in: 167(2010)DLT46

Kailash Gambhir, J.1. By this petition filed under Article 226 of the Constitution of India the petitioner seeks quashing of the communication dated 04.03.2008 whereby the petitioner was relieved from her duties as a primary teacher w.e.f. 03.03.2008. The petitioner also seeks directions for reinstatement to her previous status as a primary teacher with retrospective effect.2. Brief facts relevant for deciding the present petition are that the petitioner was a primary teacher in the respondent No. 4 school. On account of personal reasons the petitioner submitted her resignation on 5.12.2007 and on 6.12.2007 she approached the Principal and expressed her desire to withdraw her resignation. The very next day i.e. on 7.12.2007 she approached the Principal stating that she is withdrawing her resignation and to treat her earlier resignation as null and invalid. On the very same day the Principal informed the petitioner that the resignation tendered by the petitioner has been accepted by the...

M/S. Agarwal Pharmaceuticals and Others Vs. Commissioner of Central Ex ...

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Per M. Veeraiyan: These three appeals arise out of common order in appeal by the Commissioner (Appeals) No. 115-118/CE/DLH/2007 dated 25.9.07. 2. Heard both sides. 3. On 25.9.01, the officers visited the factory premises of M/s. Agarwal Pharmaceuticals and recovered certain private records and based on them it was inferred that they have cleared pharmaceutical products valued at Rs.2,47,156/- involving the duty of Rs. 39,545/- to one M/s. K K Khanna Company (one of the appellants). The investigation at the end of M/s. Agarwal Drugs Pvt. Ltd. who was dealer of pharmaceutical products manufactured by M/s. Agarwal Pharmaceuticals revealed that they have received goods without bills worth Rs.25,358/- involving duty amount of Rs.4,058/-. Shri Ashok Agarwal partner of M/s. Agarwal Pharmaceuticals in his statement dated 18.10.01 referring to nine kaccha slips admitted clearance of pharmaceutical products without payment of duty to M/s. K K Khanna company and the said statement is not retract...