Delhi Court March 2012 Judgments
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M.L. Khan Vs. Mcd and Others
Court: Central Administrative Tribunal CAT Delhi
Decided on: Mar-15-2012
ORAL: S.C. SHARMA 1. Instant Original Application has been filed for the following reliefs:- “(i)To quash and set aside the impugned charge memo dated 11.08.2004 and consequential punishment order dated 28.02.2011 with all consequent effects. To declare the action of the respondents in initiating disciplinary action and punishing the applicant as illegal and issue further direction for giving all benefits i.e. promotion and seniority etc. To allow the O.A. with exemplary costs and interest on arrears. To pass any further order as this Hon’ble Tribunal may deem fit in the facts and circumstances of the case.” 2. We have heard Mr. M.K. Bhardwaj, learned advocate for the applicant and perused the entire facts of the case. It has been contended on behalf of the applicant that disciplinary proceedings were initiated against him and the enquiry officer has submitted the report against the applicant and the disciplinary authority punished the applicant by awarding a censure ...
Ms. Rekha Rani Vs. Government of Nct of Delhi Through Chief Secretary, ...
Court: Central Administrative Tribunal CAT Delhi
Decided on: Mar-15-2012
DR. A.K. MISHRA, MEMBER (A) 1. The present application has been filed against the decision of the respondent authority disqualifying the applicant from selection to the post of Assistant Teacher (Primary) of the respondent State Government, which was advertised in the year 2006 on the ground that she did not have 50% of marks in her Senior Secondary School Examination and further that she was over aged as prescribed under the amended Recruitment Rules (RRs). 2. The applicant is a member of Scheduled Caste (SC). She passed out Elementary Teacher Education (ETE) diploma course conducted by the State Council for Education Research and Training (SCERT) in the month of May 2005. By then applications had already been invited for recruitment to the post of Assistant Teacher (Primary) under the respondent State Government for which the selection examination was held in the year 2005. It is the case of the applicant that she was eligible as per the extant RRs both in terms of age as well as edu...
M/S A.G. Incorporation Vs. Cc, Delhi
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Mar-15-2012
Per Mathew John, J. In this proceeding the main appellants, namely, A.G. Corporation, Coir Cushion Ltd. and Overseas Business Corporation, are three importers who imported thirty two consignments of apparently the same goods declared to be components of Digital Satellite Receiver/ Satellite Receiver/ Receiver DVB Set etc of Chinese origin shipped from Hongkong and also from Chinese Ports. Out of these items the main item was Populated Circuit Boards (PCB). These goods were sold to mainly to M/s Rishav Udyog which was a proprietorship firm of Mr. Kamal Pat Surana, for use in assembling receivers for Direct to Home (DTH) transmission of TV signals. 2. At the time of initial assessment of goods customs suspected undervaluation of the goods. For goods with declared value varying from HK$ 20 to HK $ 30 per piece the customs department loaded the value to values in the Range of HK$ 20.50 to HK$ 42.75 in different consignments. But later the Directorate of Revenue Intelligence did more invest...
M/S Balar Marketing Pvt. Ltd and Another Vs. Cce, Jaipur-i
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Mar-15-2012
Per: Justice Ajit Bharihoke, J. For the Appellant: R.K. Hasija, ld. Advocate. For the Department: R.S. Meena, AR. 1. These two appeals raised similar question of law of facts and relate to the same parties. 2. The appellant is manufacturer of copper wires falling under chapter heading No. 7408 of Central Excise Tariff Act, 1985. Copper ingots are inputs required for manufacture of copper wires. The appellants procured allegedly copper ingot from M/s V.K. Metals Works, Jammu during the period 2004 to 2006.. Copper ingots so purchased from M/s V.K. Metals Works were got converted by the appellants into copper wires through certain job workers. The appellant took cenvat credit on the basis of invoices issued by M/s V.K. Metal Works. 3. According to Revenue, M/s V.K. Metals Works have not supplied copper ingots to the appellant and cenvat credit has been obtained by the appellant on the basis of fake invoices. Show cause notices raising demand were thus...
Union of India Vs. S. Ravinder Yadav
Court: Delhi
Decided on: Mar-15-2012
BADAR DURREZ AHMED, J (ORAL) 1. The Union of India has challenged the orders dated 08.09.2009 and 10.02.2011 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA No. 2253/2008 and in MA 2607/2010 in the said OA, respectively. 2. By virtue of the order dated 10.02.2011, the Tribunal held that the disciplinary proceedings had abated on account of the fact that the same had not been complied with, as directed by the Tribunal, within the time given by the Tribunal. 3. Initially, the respondent herein had filed the said OA No. 2253/2008, wherein he had sought the quashing of the charge memorandum dated 13.08.2003, whereby major penalty disciplinary proceeding under the CCS (CCA) Rule 14 was initiated. The Tribunal, by its order dated 08.09.2009, after considering all the facts and circumstances of the case, passed the following direction:- “In view of the foregoing, we dispose of this OA with a direction to the respondents to complete the enquiry and pass th...
Uoi Vs. Rajender Singh Sawhney
Court: Delhi
Decided on: Mar-15-2012
PRADEEP NANDRAJOG, J (Oral) 1. Heard learned counsel for the parties. 2. Jural relationship between the appellant and the respondent commenced, when the respondent let out property No.Z-9, Rajouri Garden, New Delhi, for purpose of setting up a CGHS dispensary, to the appellant vide lease-deed dated December 2, 1968 at a monthly rent of Rs.1,250/-. 3. Duration of the lease being 5 years, was extended from time to time with mutual consent; increasing the monthly rent as well, and in this manner the parties last agreed for lease to be extended in the year 1994. The monthly lease rent agreed to was Rs.34,915/- and the lease period stood extended upto the mid-night of August 27th and 28th, 1999. 4. As the lease expired by afflux of time on the mid-night of the date afore-noted, parties could not agree to mutual terms upon which the lease could be extended, resulting in the respondent issuing a legal notice dated September 22, 1999 calling upon the appellant to not only vacate the tenanted p...
Lily Thomas Vs. Dda and Others
Court: Delhi
Decided on: Mar-15-2012
W.P.(C) 7032 of 2011 HIMA KOHLI, J (Oral) 1. This petition is filed by the petitioner, who is a practicing advocate by profession and appears in person, praying inter alia for quashing of the conversion/conveyance deed dated 23.07.1993 and for restoration of the sublease deed of Plot No. C-50, Niti Bagh, New Delhi in her favour. In the alternate, the petitioner has sought cancellation of the conversion made by respondent/DDA in favour of respondent No.4. 2. When the present petition was listed for admission on 23.09.2011, the following order had been passed:- “1. The petition impugns the Conveyance Deed dated 23.07.1993 of freehold rights in land underneath property No.C-50, Neeti Bagh, New Delhi executed by the respondent No.1 DDA in favour of the respondent No.4 Ms. Chinky Davis. 2. It is not in dispute that the petitioner is the sub-lessee of the said plot of land. The petitioner claims to have entered into certain Agreement, Power of Attorney and Will etc. with th...
C.L.JaIn Vs. Raghubir Singh
Court: Delhi
Decided on: Mar-15-2012
PRADEEP NANDRAJOG, J. 1. On the strength of an agreement to sell dated February 17, 1995, Ex.P-1, appellant sought a decree for specific performance alleging that under the agreement to sell the respondent had agreed to sell his one-fourth share in the agricultural land detailed in para 1 of the plaint for a total consideration of `35,64,583/- and had received `8,80,000/- on various dates with respect to the agreement to sell as detailed in paragraph 4 of the plaint. Alleging appellant being ready and willing to pay the balance sum of `26,84,583/- and asserting the respondent to be in default, decree for specific performance was prayed for. 2. In the written statement filed, the respondent denied any valid agreement between the parties as also having received any payment on the dates stated in the plaint. 3. Unfortunately for the respondent the counsel engaged was negligent in appearing when the suit was listed for admission/denial on May 13, 2003 and as a result 13 documents filed by ...
Yogita Baxla Vs. Delhi Development Authority and Others
Court: Delhi
Decided on: Mar-15-2012
A.K. SIKRI, ACTING CHIEF JUSTICE (ORAL) 1. This Letters Patent Appeal is preferred by one Mrs. Yogita Baxla questioning the validity of order dated 02.07.2010 passed by learned Single Judge in W.P.(C) No.4345/2010 filed by respondent No.2 M/s Solomon Engineers Pvt. Ltd. Before we point out the nature of order passed and the basis on which the said order is challenged, it would be necessary to go through some of the relevant facts. 2. The appellant herein had filed a complaint dated 01.10.2009 with the DDA alleging therein that the property viz. industrial plot bearing No.B-65/2, Wazirpur Industrial Area, Delhi-110 052 was got converted from leasehold to freehold by the respondent No.2 M/s Solomon Engineers Pvt. LPA Ltd. on the basis of certain documents which were forged and / or false. We may record that the respondent No.2 had inter alia submitted one Special Power of Attorney (SPA) purportedly executed by Mrs. Raj Rani Chawla in favour of respondent No.3 Mr. Raj Kumar Harjai ...
Municipal Corporation of Delhi Vs. Mittal Processors Pvt Ltd.
Court: Delhi
Decided on: Mar-15-2012
Introduction 1.1 The Municipal Corporation of Delhi (‘MCD’) has in this petition under Section 34 of the Arbitration and Conciliation Act, 1996 (‘Act’) challenged the Award dated 13th February 2010 passed by the sole Arbitrator in the disputes between it and the Respondent Mittal Processors Pvt. Ltd. Arising out of an agreement dated 23rd February 2005 entered into between MCD and the Respondent for supply of 15,77,535.50 meters of polyester-viscose blend suiting cloth for the purposes of uniform for students studying in MCD Primary Schools. 1.2 MCD also challenges the order dated 10th August 2008 passed by the learned Arbitrator dismissing the MCD’s application for lifting of fresh samples of the cloth supplied by the Respondent from the stores of the MCD in the presence of the Respondent or his representative and for sending it for testing in the IIT, Delhi or any other reputed test laboratory. MCD also challenges another order dated 19th October 2008 pa...
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