Delhi Court February 2012 Judgments
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Gujarat Ambuja Cements Ltd Vs. Cce, Chandigarh
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Feb-14-2012
Per Mathew John, J. 1. In this matter the dispute is about demand of excise duty on cement clinkers produced in a factory and captively consumed in the same factory for production of cement which was exempted from duty. The demands confirmed by the Commissioners of Central Excise concerned were challenged before the Tribunal. The Tribunal held that the demands are maintainable. Against these decisions appellants have filed appeal before the Hon. Supreme Court and the appeal is pending for disposal. When the matter was taken up by the Hon. Apex Court the appellants raised a new additional legal argument that after the amendment in Rule 4 of Central Excise Rules, 2002 made vide Notification 24/2003-CE (NT) dated 25-03-2003, there is no provision in rules to consider goods used in the same factory for further manufacture to be removed from the factory. Since according to the appellants excise duty is payable on removal of goods from a factory the demands are not maintainable. Since this i...
Om Prakash JaIn Vs. Uoi and ors
Court: Delhi
Decided on: Feb-13-2012
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on : February 01, 2012 Judgment Pronounced on: February 13, 2012 + RFA(OS) 44/2000 OM PRAKASH JAIN ..... Appellant Through: Mr.Rakesh Tiku, Senior Advocate with Mrs.Priyanka Singh, Mr.A.Mishra and Mr.Siddhartha Tanwar, Advocate. versus UOI and ORS. ....Respondents Through: None. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J..1. A partnership firm carrying on business in the name and style of 'V.K.Industries and Fabricators' was constituted on September 10, 1966 and with the mutual consent of the partners was dissolved. The firm was registered as a Small Scale Industrial Unit with the Government of Uttar Pradesh. The appellant claims to have purchased the assets and goodwill of 'V.K.Industries and Fabricators', along with its name and sought registration as a SSI Unit as a 're-roller'..2. At an auction conducted by the General Manager Northern Railway on November 05, 19...
Arb Lr 6 (Del) It Was Observed That Vs. Unknown
Court: Delhi
Decided on: Feb-13-2012
IN THE HIGH COURT OF DELHI AT NEW DELHI EX.P. 57/2009 with E.A. No.253 of 2010 Reserved on: January 24, 2012 Decision on: February13. , 2012 AGRITRADE INTERNATIONAL PTE. LTD. ... Decree Holder Through: Ms. V. Mohana, Advocate versus NATIONAL AGRICULTURAL CO-OPERATIVE MARKETING FEDERATION OF INDIA LTD ...Judgment Debtor Through: Mr. T.K. Ganju, Senior Advocate with Mr. A.K. Thakur with Mr. R.K. Mishra, Advocates. CORAM: JUSTICE S. MURALIDHAR JUDGMENT 13.02.2012 Introduction.1. Agritrade International Pte. Ltd. ('Agritrade') has filed the present petition under Sections 47, 48 and 49 of the Arbitration and Conciliation Act, 1996 ('Act') seeking enforcement of an Award dated 12th March 2007 and 14th January 2008 passed by the Arbitral Tribunal under the auspices of the Palm Oil Refiners Association of Malaysia ('PORAM') whereby the Respondent, National Agricultural Cooperative Marketing Federation of India Limited ('NAFED'), has been directed to pay Agritrade a sum of US Dollar ('USD') 5...
Joachim Carvalho Vs. Union of India and ors
Court: Delhi
Decided on: Feb-13-2012
* THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8422 OF 2011 Reserved on: 07.12.2011 % Pronounced on:13.2.2012 JOACHIM CARVALHO ....PETITIONER Through: Mr. Jayant Bhushan, Sr. Advocate with Mr. Soumik Ghosal, Advocate. VERSUS UNION OF INDIA and ORS . . . RESPONDENTS Through: Ms. Maneesha Dhir, Advocate with Ms. Mithu Jain, Advocate for UOI. Mr. Sandeep Sethi, Sr. Advocate with Ms. Shyel Trehan, Ms. Pardmita Mukherjee, Advocates for R.2 Mr. D.S. Narula, Sr. Advocate with Ms. Manmeet Arora and Ms. Fareha A. Khan, Advocates for R.4. Mr. P.V. Kapoor, Sr. Advocate with Mr. Anshu Bhanot, Advocate for R.5. CORAM:- HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW A.K. SIKRI, ACTING CHIEF JUSTICE:.1. This petition is filed in public interest by the petitioner who is a former member of the Indian Hockey Team and an Olympian. The W.P.(C) 8422/2011 Page 1 of 24 petitioner claims himself to be a public spirited person. He states that he was awarded the Arjuna Award for his o...
Balraj Singh Malik Vs. Supreme Court of India Through
Court: Delhi
Decided on: Feb-13-2012
* THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8327 OF 2011 % Pronounced on: 13.2.2012 BALRAJ SINGH MALIK ....PETITIONER Through: Md. Izhar Alam and Mr. M.P. Singh, Advocates with Petitioner in person. VERSUS SUPREME COURT OF INDIA THROUGH ITS REGISTRAR GENERAL . . . RESPONDENT Through: Mr. R.F. Nariman, Solicitor General of India with Mr. Sushil Kr. Jain, President (SCAORA), Mr. Shivaji M. Jadhav, V. P. (SCAORA), Mrs. Sunita B. Rao, Secretary (SCAORA) and Mr. Atulesh Kumar, Executive Member (SCAORA) [All appear as per order dated 25.11.11 of this Court] Mr. Triparari Ray, Advocate with Mr. Ravi Shankar Kumar, Mr. Vishal Malik, Mr. B.K. Chaudhary, Mr. Sudhir Bista and Mr. Arun Kumar, Advocates for SCAA (Non-AOR) Dr. J.C. Batra, Sr. Advocate with Dr. Ranjit Singh, Advocate for Senior Advocate Association of India. Mr. Bankey Bihari Sharma, Advocate-on- Record (Affected Party). W.P.(C) 8327 OF 2011 Page 1 of 22 CORAM :- HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI E...
Gmr Ambala Chandigarh Vs. Union of India and ors
Court: Delhi
Decided on: Feb-10-2012
*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 10th February, 2012 + W.P.(C) 5804/2011 % GMR AMBALA CHANDIGARH EXPRESSWAYS PVT. LTD ..... Petitioner Through: Mr. Milanka Chaudhary and Mr. Sarojanand Jha, Adv. versus UNION OF INDIA AND ORS ..... Respondents Through: Mr. Jatan Singh, Adv. for UOI. Ms. Manmeet Arora, Adv. for State of Punjab. Mr. Pundit Parmanand Katara, Sr. Adv. with Mr. Harikesh Singh, Adv. for R-2 State of Haryana. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW [ CM No.1857-1858/2012 (of the respondents no.4 and 3 respectively, both for modification of order dated 20th September, 2011)..1. These applications have been filed by the respondent no.4 State of Punjab and respondent no.3 State of Haryana respectively both seeking modification of the order dated 20th September, 2011 in so far as directing the said States to in consultation with each other appoint/nominate the same person in the Arbitral Tribunals to be constituted in the matter of disputes with th...
Dy. Commissioner of Income Tax Vs. General Sales Pvt. Ltd. and ors
Court: Delhi
Decided on: Feb-10-2012
* THE HIGH COURT OF DELHI AT NEW DELHI + Crl.MC No.583/2009 Date of Decision: 10.02.2012 Dy. Commissioner of Income Tax ...... Petitioner Through: Mr. Sanjeev Rajpal and Mr. Karan Chaudhan, Advocate Versus General Sales Pvt. Ltd. and Ors. ...... Respondent Through: Mr. Harish Gulati and Mr. Anindya Malhotra, Advocates for R-1,3,4, 5 and .7. Mr. Amit Kumar, Advocate for R-6 CORAM: HON'BLE MR. JUSTICE M.L. MEHTA M.L. MEHTA, J..1. The present petition under Section 482 CrPC assails the order of learned ASJ dismissing the revision petition filed on behalf of DCIT vide order dated 1.9.2008, whereby the learned ASJ has affirmed the order of learned ACMM dated 8.10.2007 discharging the respondents..2. The brief facts necessitating the present petition under Section 482 CrPC are that the Income Tax Department on the basis of some complaints by some approved trust/institutions that some persons were collecting donations in their names without authority and worked scrupulously aiding the donors ...
Moortie Devi and ors Vs. Sat Prakash
Court: Delhi
Decided on: Feb-10-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on : February 07, 2012 Judgment Pronounced on: February 10, 2012 + RFA(OS) 105/1998 MOORTIE DEVI and ORS. ..... Appellants Through: Mr.Lal Singh Thakur, Advocate. versus SAT PRAKASH ....Respondent Through: Mr.Akshay Makhija, Advocate. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J..1. We shall be referring to the parties by their nomenclature in the suit. The appellants are the legal heirs of the deceased defendant and the respondent is the plaintiff. Thus, the expression plaintiff used by us hereinafter would be referring to the respondent and the expression defendant would be referring to the appellants..2. Plaintiff filed a suit seeking declaration that the sale deed dated July 20, 1983 executed by his father in favour of the defendant was null and void; decree for possession in respect of the property conveyed being plot no.13, Krishan Nagar, ad-measuring 66.23 sq. yds...
Govt. of Nct of Delhi and Another Vs. Daulat Ram
Court: Delhi
Decided on: Feb-10-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on:07.02.2012 Judgment pronounced on: 10.02.2012 + W.P.(C) 734/2012 Govt. of NCT of Delhi and Another ... Petitioners Versus Daulat Ram ... Respondent Advocates who appeared in this case: For the Petitioner : Mr S.P.Sharma with Dr. Ashwani Bhardwaj For Respondent : Ms Jasvinder Kaur CORAM: HON'BLE MR. JUSTICE BADAR DURREZ AHMED HON'BLE MR. JUSTICE V.K.JAIN V.K. JAIN, J..1. This Writ Petition is directed against the order dated 12.10.2011 passed by the Central Administrative Tribunal, Principal Bench (hereinafter referred to as the Tribunal) whereby OA No. 1514/2011 filed by the respondent was allowed. The facts giving rise to this petition are as follows: On 11.12.2009 the respondent applied for the post of Constable (Executive) in Delhi Police. He appeared in the written test and was provisionally selected for the aforesaid post. Despite his having been selected and found physically fit no appointment letter was issued to ...
Decided On: 10.02.2012 Vs. Mcd and ors
Court: Delhi
Decided on: Feb-10-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2198/2011 Decided on: 10.02.2012 IN THE MATTER OF GOMTI PRASAD AND ORS. ..... Petitioners Through: Mr. M.M. Kashyap, Advocate versus MCD AND ORS. ..... Respondents Through: Ms. Mansi Gupta, Advocate for R-1/MCD. Ms. Shobhana Takiar, Advocate for R-2/DDA. CORAM HON'BLE MS.JUSTICE HIMA KOHLI HIMA KOHLI, J. (ORAL).1. The present petition is filed by eight petitioners praying inter alia for directions to the respondents, MCD, DDA and Delhi Police to permit them to carry on their vending activities from the sites at Nehru Place Complex, till verification of their claims or till alternate allotments are made in their favour..2. On 01.04.2011, when the matter came up for admission, counsel for respondent No.2/DDA, who had appeared on advance notice, had stated that Nehru Place is a No Hawking Zone and the petitioners cannot place W.P.(C) 2198/2011 Page 1 of 7 reliance on the judgment of a Division Bench of this Court dated 17.04.2009 in LPA ...
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