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Delhi Court July 2010 Judgments

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Jul 22 2010 (HC)

Rajneesh Kumar and anr. Vs State (Govt. of Nct Delhi)

Court: Delhi

1. Whether Reporters of local papers may be allowed to see the judgment?(Yes)2. To be referred to the Reporter or not?(Yes)3. Whether the judgment should be reported in the digest?(Yes) JudgmentORDER:1.The two accused-appellants had filed this appeal challenging their convictions and the sentences awarded to them by the Additional Sessions Judge vide judgment of conviction dated 30th April, 1994 and order on sentence dated 23rd May, 1994 for the commission of the offences punishable under Section 302 read with Section 34 IPC and Section 392 read with Section 397 IPC as well as for the offences punishable under Sections 25/27 of the Arms Act. They were found guilty of murdering one Mr. Harish V. Rao on 9th January, 1984.2. Appellant no. 1 Rajneesh Kumar died during the pendency of this appeal which has consequently already abated qua him. 3. For deciding the fate of the surviving accused-appellant Rajender Kumar the prosecution case in respect of the incident of murder which took place ...

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Jul 22 2010 (HC)

Delhi Sikh Gurudwara Management Commitee and anr. Vs Mohinder Singh Ma ...

Court: Delhi

1. Whether Reporters of local papers may be allowed to see the judgment? No2. To be referred to the Reporter or not? Yes3. Whether the judgment should be reported Yes in Digest?JUDGEMENT1. The short question that arises for determination is whether the Delhi Sikh Gurudwara Management Committee (DSGMC) is a public authority within the meaning of Section 2(h) of the Right to Information Act, 2005 (RTI Act)?2. On 22nd July 2009, the CIC held the DSGMC, which is established under Section 3 of the Delhi Sikh Gurudwaras Act, 1971 (DSG Act) to be a public authority under the RTI Act. The Respondents in both writ petitions were initially unsuccessful in seeking information from the DSGMC pursuant to the applications filed by them under the RTI Act. In the second appeal filed by each of them the CIC passed orders directing the DSGMC to provide them the information before 5th August, 2009. When there was continued non-compliance by the DSGMC, the CIC directed notice to the Public Information Off...

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Jul 22 2010 (HC)

Union of India Vs Shri Bhim Sen and anr.

Court: Delhi

1. Whether the Reporters of local papers may be allowed to see the judgment? Yes2. To be referred to Reporter or not? Yes3. Whether the judgment should be reported in the Digest? YesORDER.1. Respondent No.1, Shri Bhim Sen, joined the National Sample Survey Organization (for short NSSO) as Assistant Director in the Data Processing & Survey Design and Research Division on 20.4.1976. This post was outside the Indian Statistical Service (for short ISS). The said private respondent proceeded to the Planning Commission, Delhi as Senior Programmer on 31.12.1981 on being selected by the UPSC while retaining his lien on the post of Assistant Director, NSSO. The private respondent opted for appointment in Grade IV of ISS on 16.2.1983 as the process of encardrement in ISS was in progress. The post was ultimately encardred on 13.9.1983. The said private respondent was appointed as a departmental candidate in Grade IV of ISS on 3.7.1985 in pursuance to a recommendation by the UPSC.2. A judgement ca...

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Jul 22 2010 (HC)

Saurabh Vs Gnct of Delhi and ors

Court: Delhi

1. Whether reporters of Local papers may be allowed to see the judgment? Yes2. To be referred to the reporter or not? Yes3. Whether the judgment should be reported Yes in the Digest?ORDER.1. The petitioner, belonging to Scheduled Caste, had appeared for the examination held by the respondent no.2 University of Delhi for admission to MBBS course. The petitioner secured rank 217. The petitioner was called for counseling on 9th July, 2010. The counsel for the respondent University informs that the counseling was scheduled to be held and held till 1430 hours only on that date. The petitioner failed to attend the counseling session. Under the Rules of the University of Delhi, a candidate who fails to attend the counseling forfeits his seat. It is the case of the petitioner that candidates with rank up to 238 were admitted and hence but for his failure to attend the counseling he is entitled to be admitted to the MBBS course in the Maulana Azad Medical College or the University College of Me...

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Jul 22 2010 (HC)

Om Prakash Vs. State Nct of Delhi

Court: Delhi

1. On 12th November, 2001 at about 10.15 PM at Mori Gate Chambery the Petitioner was driving truck bearing No. RJ-14-1G-3779 in a rash and negligent manner so as to endanger human life, as a result of which he struck against the scooter. Mr. Nathu Ram who was driving the scooter received injuries and later succumbed to the injuries received in the said accident. A case FIR No. 502/2001 under Section 279/304A IPC was registered at P.S. Kashmere Gate, Delhi on the complaint of one Bijender Singh Shekhawat. On filing of a charge-sheet the Petitioner was tried and convicted for said offences and sentenced to undergo imprisonment for six months for offence under Section 279 IPC and one year for offence punishable under Section 304A IPC and a fine of Rs. 1,000/- and in default of payment of fine to further undergo Rigorous Imprisonment for three months. On an appeal being filed the same was dismissed. Thus, the Petitioner is before this Court by way of the present revision petition.2. Learne...

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Jul 22 2010 (HC)

Anand Prakash and anr. Vs. State (Nct of Delhi) and anr

Court: Delhi

1. The two petitioners seek mandamus directing the respondent Govt. of NCT of Delhi, Union of India, Delhi Police and one Sh. Pravesh Kumar Chawla to jointly/severally pay compensation of `15,00,000/- to each of the petitioners. It is inter alia the case of the petitioners that the respondent No.4 Sh. Pravesh Kumar Chawla Proprietor of Garment Export Factory has been carrying on unauthorized activity without permission from the respondents No.1 to 3, in a premises in the vicinity of the residences of the petitioners and has been storing highly inflammable material without maintaining safety hazards. It is further the case of the petitioners that on 1 st April, 2010 the workers of the respondent No.4 were getting the clothes washed with a large quantity of Thinner on the road and threw a match stick on the Thinner which caught fire and engulfed the petitioners and in which incident, the petitioners have sustained burn injuries. Averring that the injuries were caused owing to the neglige...

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Jul 22 2010 (TRI)

M/S Cerulean Chemicals Pvt. Ltd. and Others Vs. C.C.E., Kanpur

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Per M. Veeraiyan: These three appeals are against the order of the Commissioner (Appeals) No. 604-606-CE/APPL/KNP/2006 dated 30.11.2006. 2. Heard both sides. 3. The relevant facts, in brief, are that the officers visited the factory and office premises of the appellant company on 24.11.04. They recovered 28 loose paper slips from the office premises which indicated details of Basic Chromium Sulphate in bags date wise relating to the period 2.9.04 to 29.10.04. The Director of the company in his statement given on 27.11.04 submitted that these slips were maintained at his instruction by his staff; that they represented clearances of final products; that they indicated the consignee s name to whom the consignments were supplied. After admitting the unaccounted clandestine removal as above, the appellant company paid a sum of Rs.2,04,000/- on 1.12.04 and intimated the same to the Department on 2.12.04. On the basis of show cause notice, the original authority confirmed the demand of Rs.6,5...

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Jul 22 2010 (TRI)

C.C. and C.Ex., Kanpur Vs. M/S Girja Ispat Pvt. Ltd.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Per M. Veeraiyan: This is an appeal by the Department against the order of the Commissioner (Appeals) No. 60-CE/APPL/KNP/2008 dated 21.2.2008. 2. Heard both sides. 3. When the officers visited the premises of the respondent on 2.3.06, they found, on physical verification, stock of MS ingots as 42.360 MT as against the recorded stock of 114.830 MT. Shri S.L.Agarwal, Director admitted the shortage and explained that the short found raw materials would have been removed clandestinely by the employees of their unit from the factory premises without issue of invoices and without payment of central excise duty. He paid the total amount of Rs.1,50,738/- on 3.3.06. The original authority confirmed the duty amount of Rs.1,53,753/- and imposed equal amount as penalty.The respondent did not dispute the duty liability before the original authority and before the Commissioner (Appeals). However, they contested the penalty imposed on them. The Commissioner (Appeals) set aside the penalty imposed on ...

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Jul 22 2010 (TRI)

M/S. Sanjay Engineering and Fab (P) Ltd. Vs. Commissioner of Central E ...

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Per M. Veeraiyan: Vide stay order No. 244/2010-SM(BR) dated 18.6.2010, the appellant was directed to deposit the Service Tax amount of Rs.2,56,574/- plus Rs.1,00,000/- towards penalty within 4 weeks and to report compliance on 22.7.2010. It is noted that no compliance has been made to the said stay order. None present today to explain reasons, if any, for non-compliance. In view of the above, the appeal is dismissed for non-compliance with the provisions of section 35F of the Act read with Stay order dated 18.6.2010. 2. Appeal dismissed....

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Jul 22 2010 (TRI)

C.C. and C.Ex., Kanpur Vs. M/S Nanumal Glass Works

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Per M. Veeraiyan: These are two appeals by the Department against the order of Commissioner (Appeals) No. 257-258-CE/APPL/KNP/2008 dated 26.6.08. Cross-Objection No.352, 353/08 are basically in support of the order of the Commissioner (Appeals). 2. Heard both sides. 3. When the officers visited the factory premises of the respondents on 14.6.06, they found the stock of finished goods Glass Bowls of 6,53,984 dozens as against the recorded stock of 7,04,184 dozens and thus, there was a shortage of 50,200 dozens valued at Rs.12,55,000/- involving duty amount of Rs.2,04,816/-. Shri Shyam Sunder Saxena, authorised signatory in his statement claimed that in his absence, the staff have removed the said short found kitchenware and tableware from the factory without issuing any central excise invoices and without any payment of central excise duty due thereon . The duty involved was paid on 19.6.06 and 7.7.06. The original authority confirmed the demand as proposed in the show cause notice and ...

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