Delhi Court February 2012 Judgments
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D.S. Thakur Vs. Union of India, Through the Secretary, Ministry of Fin ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: Feb-21-2012
Dr. Ramesh Chandra Panda, Member (A) 1. Shri D.S. Thakur, the applicant herein, was issued the Presidential Order dated 12.05.2010 (Annexure-A1) by imposing the penalty of withholding of 10% of monthly pension for a period of three years. Feeling aggrieved by the above order, the applicant is before the Tribunal in the present OA praying for the following relief (s): “i) To quash and set aside the impugned charge memo dated 03.09.1998 and the subsequent proceedings as well as the punishment order dated 12.05.2010. ii) To direct the respondents to restore the pension of the petitioner and release all the consequential benefits including arrears of pay. iii) To direct the respondents to give 18% interest on the belated payment of retirement dues i.e. gratuity, and communication etc. iv) Any other relief which the Hon’ble Tribunal deem fit and proper may also be granted to the applicants.” 2. Brief facts of the case would disclose that while working as Sr. Accounts Offic...
Shakuntala Gupta, (Asstt. Teacher) Vs. New Delhi Municipal Council Thr ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: Feb-21-2012
ORAL: G. George Paracken, J. 1 The grievance of the applicant against the respondents in this Original Application is that they are not including her for promotion from the post of Assistant Teacher to the post of Trained Graduate Teacher (`TGT’ for short)/Head Mistress (`HM’ for short) (Primary) though her juniors have been promoted, vide order dated 31.10.2011 and the consequential benefits of arrears of pay have been paid to them, as per their entitlement. 2. Briefly stated, the applicant joined as Assistant Teacher on 04.01.1982 and her due date of retirement is 28.02.2012. As there was stagnation in the Department, she was given the promotional scale under the ACP Scheme in the year 1994. Thereafter, she was transferred/deputed as TGT (Gen.) in N.P. Co-Ed Secondary School, Tilak Marg vice Sarita Kaushik, vide Annexure A-1 order dated 06.09.2004. Since the said transfer/deputation was only an interim arrangement and not on a regular promotion basis, she requested the re...
Nuchem Ltd Vs. Cce, Rohtak
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Feb-21-2012
Per Ms. Archana Wadhwa, J. 1. The present appeal stands filed against the order of the Commissioner, Rohtak vide which he has confiscated the Medium Density Fibre Boards (hereinafter referred to as MDF Boards) totally valued around Rs.32 crores on the ground that the appellant did not entered the same in their RG-1 records.The option stands given to the appellants to redeem the same on payment of redemption fine of Rs.8 crores. In addition, penalty of Rs.1.50 crores stands imposed upon the appellant in terms of Rule 173Q of the erstwhile Central Excise Rules, 1944. 2. As per facts on record, the appellants are engaged in the manufacture of MDF boards falling under Chapter 44 of Central Excise Tariff Act, 1985. Their factory was visited by the officers of DGCEI on 27.03.11 and 16,708.106 MT MDF boards totally valued Rs.32,35,61,914/- were found to be lying in the open outside the store room. The statement of Shri P.R.Biswar, Deputy Manager (Excise) was recorded wherein he deposed ...
M/S Roll Tubes Limited Vs. Cce, Kanpur
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Feb-21-2012
1. In this case, the Appellants are manufacturers of black steel tubes and galvanised steel tubes falling under Sub-Heading No. 7306.90 of the First Schedule to the Central Excise Tariff Act 1985. The Central Excise officers visited their factory premises on 5.6.99 and conducted a stock taking of the goods. They came to a conclusion that there was a shortage in the stock of black steel tubes to the extent of 314.016 MTs being the difference between the physical stock in the factory on that day and the stock as accounted in their registers. Revenue was of the view that this shortage was due to clandestine removal of manufactured goods. On that basis, they issued a demand of excise duty payable on such goods found short. The Show Cause Notice has been adjudicated confirming the duty demand of Rs.11,04,840/- along with interest and penalty under Section 11AC. On Appeal filed by the Appellants with the Commissioner (Appeals) they did not get any relief and...
M/S Bhel Ltd Vs. Cce, Meerut
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Feb-21-2012
Per Mathew John, J. 1. The appellants are manufacturers of various excisable goods falling under chapters 72, 73, 84, 85 and 93 of the First Schedule of the Central Excise Tariff Act, 1985. During the period from 13.9.1996 to 6.9.1997, the appellants entered into a contract for supply of goods to Chanderpur TPS Unit which was a power project being executed by Maharashtra State Electricity Board with project name Maharashtra Power Project-II. The said project was being financed by the World Bank by its loan account No. 3498/IN for US $ 350 Million and such fact was stated in tenders floated by MSEB. While supplying the goods to the said project, the appellants claimed exemption under Notification No 108/95-CE dated 28.8.95 by submitting the required certificates prescribed in the Notification. 2. The loan was sanctioned by World Bank on 8.7.92. Disbursals from the loan was continued till 22.10.96. The disbursal of the loan was suspended by the World Bank from 22.10.96 and t...
Cce, Chandigarh and Another Vs. M/S Hawkins Cookers Ltd
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Feb-21-2012
Per Mathew John, 1. There are five appeals filed by Revenue against M/s Hawkins Cookers Ltd (‘HCL’ for short) and one appeal filed by HCL being considered in this proceeding. All the six appeals are against the same order in respect of matters initiated by five different Show Cause Notices for different periods between April 2001 to March 2003 as under: S.No SCN No. and date Period Amount (Rs.) 1. V-15(76)CE/107/2001/2169-71 dated 16.4.2002 4/2001 to 6/2001 1141307/- 2. V-15(76)CE/108/2001/2172-74 dated 16.4.2001 7/2001 to 11/2001 1322426/- 3. V-15(76)CE/80/2002/4795-97 dated 30.9.2002 12/2001 to 3/2002 1416040/- 4. V-15(76)CE/112/2002/2363-66 dated 2.4.2003 4/2002 to 9/20023462361/- 5. V-15(76)CE/ADC/124/2003/10058-60 dated 6.11.2003 10/2002 to 3/2003 981314/- Total 8322448/- 2. M/s HPL were manufacturing and clearing parts of pressure cooker. There were certain issues relating deductions from MRP claimed for arriving at the assessable value. There was a...
Anita a Pathak and Others Vs. Raj Bahadur and Others
Court: Delhi
Decided on: Feb-21-2012
G. P. MITTAL, J. 1. These are seven connected Appeals arising out of a judgment dated 09.03.2010 passed by the Motor Accident Claims Tribunal (the Tribunal) whereby four Claim Petitions i.e. Suit No.515/2006, 517/2006, 523/2006 and 511/2006 were decided. 2. MAC APP.466/2010 has been filed by Smt. Anita A. Pathak for enhancement of compensation of Rs. 19,49,160/- granted for the death of Ashutosh Pathak in an accident which took place on 21.05.2003. 3. The ground urged by the Appellants is that the deceased was a young officer of 28 years working as Inspector in CBI. He had a bright future. It is contended that an amount of Rs. 4710/- was deducted towards the income tax for the Assessment Year 2003-04 instead from the annual income which resulted in lower figure under the head of loss of dependency. 4. MAC APP.451/2010 filed by Harjeet Singh Sachan relates to the injuries suffered by the Appellant. The ground set up by him is that no compensation has been awarded towards the conveyance...
Randhir Singh and Another Vs. Govt. of Nct of Delhi and Others
Court: Delhi
Decided on: Feb-21-2012
ORDER21.02.20121. Writ Petition filed by Sanjeev Kumar and others pertains to Khasra No.1032 (3-5); whereas Writ Petition of Petitioners - Randhir Singh and others relates to Khasra No.1027 (2-0); and the Writ Petition of Petitioners - Bhim Sen and others is in respect of Khasra No.1029 (2-11). Afore-noted subject lands, are situated within the Revenue Estate of Village Mundka, Delhi.2. The commonality amongst these three Writ Petitions is that the Petitioners herein claim to have purchased the subject lands from Hari Singh and Ran Singh son of Shri Goverdhan of this Village on 15th July, 1987 through Agreement to sell, General Power of Attorney, Will, etc and Petitioners had constructed their houses thereon. On 20/24th March 2009, upon Respondent’s application the concerned Settlement Officer (Consolidation) had passed an order directing the Tehsildar concerned to deliver the possession of the subject lands to the private Respondents. Petitioners claim that they had ...
Amit Gupta and Others Vs. Mcd and Others
Court: Delhi
Decided on: Feb-21-2012
RAJIV SAHAI ENDLAW, J. 1. The 44 petitioners claim to be owners in possession of various shops in the building known as Diamond Mall constructed over three plots of land bearing No.2679, 2680 and 2691 Gali No.1-2, Beadon Pura, Karol Bagh, Delhi. They claim to be carrying on trade / sale of jewellery items from the said shops. They further claim to be subsequent purchasers of their respective shops and not the owners of the plot or developers of the construction on the said plot. They claim the following reliefs in this writ petition:- “(a) Writ in the nature of CERTIORARI quashing the Clause 3(x) of “The Building Regulations for Special Area, Unauthorized Regularized Colonies and Village Abadis, 2010” as notified on 17th January, 2011 to the extent the same permits the respondents to frame required Redevelopment Scheme at leisure; (b) Writ in the nature of MANDAMUS directing the respondents to forthwith frame and issue the Redevelopment Scheme in relation to the Comm...
K.K. Cooperative Group Housing Society Ltd. Vs. Goel Associates
Court: Delhi
Decided on: Feb-21-2012
SANJAY KISHAN KAUL, J.1. The appellant society entered into an Agreement with the respondent on 07.05.1988 in terms whereof the services of the respondent were engaged to carry out the work of development of land allotted to the society and construction of different types of houses including providing electrical and sanitary installations and other services. The services as an Architect to be provided by the respondent were detailed in para 1 of the Agreement while the fees and reimbursement was provided in para 2 therein. The drawings were to be prepared by the respondent. The relevant clauses are extracted hereunder:“1. ARCHITECTS‟SERVICES : The Architects will render all services including helping in :- the land allocation at PAPANKALA, New Delhi, arrangement of loan, sanctioning of quotas of Steel, Cement, G.I. Pipes, Bricks, etc. and all services from the drawing of the site-plan, sketches, etc. to the obtaining of completion certificate, and the appointment of various...
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