Delhi Court January 2012 Judgments
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Rana Pratap Chourasia Vs. Govt. of Nct of Delhi Through the Chief Secr ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: Jan-23-2012
George Paracken: 1. The Applicant has filed this Original Application against the Memorandum dated 03.09.2003 issued to him by the respondent No.4 i.e. the then Director of Education, Sh. Rajendra Kumar directing him to appear before the Medical Board, L.N.J.P. Hospital, New Delhi for his medical examination as he was reported to be a patient of Heart Disease, Old Pulmonary T.B. and Chronic Bronchitis. He is further aggrieved by the letter dated 30.10.2003 of the Deputy Director (Sectt. Edn.) to the Regional Director (South) stating that the Principal of Government Co.Ed.S.S.S., Paprawat, New Delhi where he was earlier working as Vice-Principal failed to serve the aforesaid letter dated 03.09.2003 upon him and, therefore, it shall be served upon him, if considered necessary, through Police Protection as he has since been transferred and posted with Vasant Vihar, New Delhi. A copy of the aforesaid letter dated 03.09.2003 was also endorsed to the Medical Superintendent, L.N.J.P. Hospital...
Om Prakash Tomar Vs. Govt. of Nct and Others
Court: Central Administrative Tribunal CAT Delhi
Decided on: Jan-23-2012
Dr. Ramesh Chandra Panda, Member (A) 1. At the interlocutory stage, Shri Om Prakash Tomar, the applicant herein, has approached the Tribunal seeking to quash and set aside the Charge Memo dated 17.2.2011 (Annexure-A1) and prayed to direct the respondents to extend him all consequential benefits. 2. The brief factual matrix of the case would disclose that the applicant while working as TGT (Hindi) at S.K.V. E-Block, Nand Nagiri, Delhi had submitted bogus claim of Rs.3025/- towards Leave Travel Concession (LTC) for the block year 1994-97 extended upto 1998 in respect of the journey undertaken by him and other members of his family for visiting Jammu, Katra. It is further alleged that a letter dated 7.12.1999 was received from U.P. State Tourism Development Corporation Limited (Corporation in short) wherein it was mentioned that the said Corporation had been issuing computer generated journey tickets and certificates since 1995. It was, therefore, informed that no manual tickets/certifica...
Jagdish Prasad Vs. Union of India Through the General Manager, North C ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: Jan-23-2012
Mrs. Manjulika Gautam, Member (A): 1. This OA has been filed seeking the following reliefs: “8.1 That this Hon’ble Tribunal may be graciously pleased to allow this application and quash all the orders (Annexure A-1, A-2, A-3 as well as A-4) being illegal, arbitrary and unconstitutional. 8.2 That this Hon’ble Tribunal may be further pleased to direct the respondents to reinstate the Applicant and give all consequential benefits including back wages etc. 8.3 That this Hon’ble Tribunal may also be pleased to award any other or further relief which this Hon’ble Tribunal may deem fit and proper in the facts and circumstances of the case. 8.4 That the cost of these proceedings may kindly be granted in favour of Applicant and against the Respondents.” 2. The applicant was appointed on 30.06.1980 as Goods Clerk in the railways and was subsequently promoted as Goods Supervisor in the grade of Rs.5500-9000/- on 2.07.2004. A memorandum of charge was served upon...
M/S Jaypee Rewa Plant and Others Vs. Cce, Bhopal
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Jan-23-2012
Per Ms. Archana Wadhwa, J. 1. All the appeals are being disposed of by a common order as the issue involved is identical. 2. Both sides agree that the impugned orders disallow the benefit of Modvat Credit of duty paid on the cleanflow, welding electrodes and various iron and steel items like plate, angle, channel, wheels, bars etc. 3. As regards cleanflow, we find that the issue already stands decided in the appellants own case vide Final Order No.642-646/2011-EX(DB), dtd. 21.07.11. By following the precedent decision of the Tribunal in the case of Jaypee Bela Plant reported in 2010(259)ELT114, cleanflow, one of the chemicals used by the appellants, was held to be eligible Modvatable input. By following the same, we allow the credit in respect of cleanflow. 4. As regards, availability of Modvat Credit in respect of steel items, the earlier order of the Tribunal in the same appellants case, has remanded the matter by observing as under :- “6. As regards the steel items...
Cce, Chandigarh Vs. M/S Skynet Builders, Developers, Colonizer and Oth ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Jan-23-2012
Per Mathew John, J. 1.In this proceeding eight appeals filed by Revenue against different Respondents are being considered together. These cases are being taken up together because the main issues involved in all these appeals is the same. 2. In the case of Appeal No. 639/2008 filed with respondents as Shresth Colonisers (P) Ltd, the position is that there is demand for Rs. 9,34,739- for the period Oct 2005 to June 2006 which was confirmed against the Respondents but set aside by the Commissioner(Appeal). The Revenue is in appeal against the order of Commissioner (Appeal). But this demand includes an amount of Rs.2,50,000/- towards tax and Rs. 1,44,909/- towards interest paid by the respondents earlier but was refunded to them. 3. In the remaining seven appeals, the Respondents had paid service tax and later claimed refund of such service tax paid because the CBEC had clarified vide letter F. No. 332/35/2006-TRU dated 01-08-2006 and also vide circular 96/7/2007-ST dated 23-08-20...
Dr. Aloys Wobben Vs. Yogesh Mehra and ors
Court: Delhi
Decided on: Jan-20-2012
* THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 03.01.2012 % Judgment delivered on: 20.01.2012 + FAO(OS) No. 7/2011 DR. ALOYS WOBBEN ...... APPELLANT Vs YOGESH MEHRA and ORS. ..... RESPONDENTS Advocates who appeared in this case: For the Appellant: Mr T.R. Andhyarujina and Mr Sudhir Chandra, Sr. Advocates with Mr Pravin Anand, Ms Binny Kalra, Mr Shrawan Chopra, Ms Kruttika Vijay, Ms Saukshmya T. and Mr Soumik Ghosal, Advocates For the Respondents: Mr Soli Sorabjee, Sr. Advocate with Mr Nikhil Sakhardande, Mr Amit Singh, Ms Mehernaz Mehta and Ms Swagata Naik, Advocates for Respondent Nos.1. and .2. Mr Arvind Datar, Sr. Advocate with Mr R. Parthasarathy, Mr Ayush Sharma and Mr Sudarshan Singh, Advocates for Respondent No..3. CORAM :- HON'BLE MR JUSTICE SANJAY KISHAN KAUL HON'BLE MR JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J.1. The only issue we are called upon to grapple with is: should the respondents/the original defendants be permitted to continue the prosecution of proceed...
Moolchand Kharaiti Ram Hospital and Vs. Moolchand Kharaiti Ram Hospita ...
Court: Delhi
Decided on: Jan-20-2012
IN THE HIGH COURT OF DELHI AT NEW DELHI W.P. (C) No. 7553 of 2003 Reserved on: November 11, 2011 Decision on: January 20, 2012 MOOLCHAND KHARAITI RAM HOSPITAL and AYURVEDIC RESEARCH INSTITUTE ..... Petitioner Through Mr. Shanti Bhushan and Mr. Raj Birbal, Senior Advocates with Ms. Raavi Birbal, Advocate. versus MOOLCHAND KHARAITI RAM HOSPITAL KARAMCHARI UNION and ORS. ..... Respondents Through Mr. Sanjay Parikh with Ms. Mamta Saxena and Mr. Pranay Raina, Advocates for R-1. Mr. Kailash Vasdev, Senior Advocate with Mr. Sanjay Shandilya, Ms. Ekta Mehta and Ms. Joanee Pudussery, Advocates for R-2. Mr. Shyam Moorjani, Advocate for Intervenors. CORAM: JUSTICE S. MURALIDHAR JUDGMENT 20.01.2012 Introduction 1.1 The Petitioner, the management of the Moolchand Kharaiti Ram Hospital and Ayurvedic Research Institute ('Management'), challenges an Award dated 14th January 2003 passed by the Industrial Tribunal-II ('Tribunal') in Industrial Dispute No.2. of 1999 as well as the subsequent order dated...
Deepak Chadha Vs. State
Court: Delhi
Decided on: Jan-20-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: January 20, 2012 + CRL.A. No.138/1999 DEEPAK CHADHA ..... Appellant Through : Mr. Sumeet Verma, Adv. versus STATE ..... Respondent Through : Mr. Harsh Prabhakar, Adv. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J. (Oral) %.1. On the strength of last-seen evidence spoken through the mouth of PW-5 as also the evidence of motive for the crime emerging through the mouth of PW-5 and the recovery of a blood stained shirt statedly of the appellant which he was allegedly wearing when the crime was committed on which human blood of the same group as that of the deceased was detected, as also the recovery of a blood stained knife on which human blood of the same group as of the deceased was detected; the two recoveries being at the instance of the appellant, vide impugned judgment dated 26.02.1999, the appellant has been convicted for the offence of having murdered Om Prakash. Co-a...
Celebi Delhi Cargo Terminal Vs. Aryan Cargo Express Pvt. Ltd
Court: Delhi
Decided on: Jan-20-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI + IA No.9268/2011 in CS(OS) 2294/2010 CELEBI DELHI CARGO TERMINAL MANAGEMENT INDIA PVT. LTD. ..... Plaintiff Through: Mr. B.L. Wali and Mr. Sarul Jain, Advocates. versus ARYAN CARGO EXPRESS PVT. LTD. ..... Defendant Through: Mr. Vaibhav Dang, Advocate % Date of Decision : January 20, 2012 CORAM: HON'BLE MS. JUSTICE REVA KHETRAPAL JUDGMENT : REVA KHETRAPAL, J..1. The above mentioned application filed by the defendant under Section 8 of the Arbitration and Conciliation Act, 1996 for referring the parties to arbitration is predicated on Clauses 9.1 and 9.2 of the Cargo Handling Agreement executed between the parties valid from 1st March, 2010 till 31st March, 2010 (Ex.D1). For the sake of facility of reference, the relevant clauses are extracted hereinbelow:- CS(OS) 2294/2010 Page 1 of 23 "9. Governing law 9.1 This Agreement, and the rights of the Parties hereto, shall be governed by, and interpreted in accordance with, the Laws of India without r...
Shankar Trading Co P. Ltd Vs. Cit
Court: Delhi
Decided on: Jan-20-2012
THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 20.01.2012 + ITA No. 144/2000 SHANKAR TRADING CO P. LTD ... Appellant versus CIT ... Respondent Advocates who appeared in this case: For the Appellant : Mr Ajay Vohra, Ms Kavita Jha, Mr Somnath Shukla, Mr Vijay Punna. For the Respondent : Mr Deepak Chopra CORAM:- HON'BLE MR JUSTICE BADAR DURREZ AHMED HON'BLE MR JUSTICE V.K. JAIN BADAR DURREZ AHMED, J (ORAL).1. This appeal by the assessee under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as 'the said Act') has been preferred against the decision of the Income Tax Appellate Tribunal dated 31.03.2000 in ITA No. 4662/Del/93 which pertains to the assessment year 1989-90. The question of law which we have to answer is as under:- "Whether the tribunal was justified in holding the assessee was not entitled to deduction under section 43B of the Income-tax Act, 1961 in respect of interest actually paid on additional sales-tax?" ITA No. 144/2000 Page 1 of 7.2. Se...
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