Delhi Court May 2012 Judgments
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Quality Flavours Export Vs. Commissioner of Central Excise, Meerut
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: May-21-2012
Per Archana Wadhwa, J. 1. After dispensing with the condition of pre-deposit of duty and penalties, I proceed to decide both the appeals inasmuch as I find that the orders passed by the original adjudicating authority are in violation of principles of natural justice. At this stage, learned advocate submits that third appeal in the case of Avtar Mint arising out of the same impugned order may also be taken up for final disposal as connected appeal. He clarifies that said appeal is not on board inasmuch as there was no such listing in the present cause list. 2. Learned AR has no objection to the above proposal. 3. It is seen that the appellants were issued a show cause notice answerable to Additional Commissioner Central Excise, Meerut II. However, same show cause notice called upon Shri R.K. Gupta, Manager of M/s. Quality Flavours Export to show cause to Asstt. Commissioner Moradabad. Thereafter a corr...
Mohd Shahzad Vs. Emran Ali and Others
Court: Delhi
Decided on: May-21-2012
G. P. MITTAL, J. (ORAL) 1. The Appeal is for enhancement of compensation of Rs.6,83,000/- awarded for the death of Smt. Razia Khatoon, who died in a motor accident which occurred on 31.05.2010. 2. By the impugned judgment dated 08.11.2011, the Appellant who is the deceased‘s husband was awarded compensation by valuing the services of a housewife at `3,000/- per month on the basis of the judgment of the Supreme Court in Lata Wadhwa and Ors. v. State of Bihar and Ors., (2001) 8 SCC 197. 3. It is urged by the learned counsel for the Appellant that the Appellant is entitled to loss of gratuitous services rendered by a housewife on the basis of a salary of a non-Matriculate. The amount towards the value of gratuitous services at Rs.3,000/- was fixed by the Supreme Court relating to the case where the accident occurred in the year 1989. 4. This case is covered by the judgment of this Court in Royal Sundaram Alliance Insurance Co. Ltd. v. Master Manmeet Singh and Ors., MAC.APP. 590/20...
Dr. B.N. Ray Vs. Ramjas College and Others
Court: Delhi
Decided on: May-21-2012
V.K. JAIN, J. 1. The petitioner before us is teaching in Ramjas College of Delhi University and took over charge as its Vice-Principal in January, 2007. 04 male students of the College submitted complaints alleging sexual harassment at the hands of the petitioner, to the College Complaints Committee (hereinafter referred to as the Committee), constituted under Ordinance XV-D of the University of Delhi which prohibits and provides for punishment in cases of sexual harassment. Charges based upon the complaints of the students were served upon the petitioner. However, the copies of their complaints were not provided to him. The Committee conducted its proceedings in 05 sittings on 05 different dates. The Committee met 04 of the complainants in person and interacted with them. On the basis of the written complaints and interaction with the complainants, the Committee concluded that there was a prima facie case of sexual harassment against the petitioner and therefore an inquiry into those...
Nathu Lal and Another Vs. Sandeep Gulati and Others
Court: Delhi
Decided on: May-21-2012
G. P. MITTAL, J. (ORAL) 1. These two Appeals for enhancement of compensation arise out of a common judgment dated 10.02.2011 whereby a compensation of Rs.18,314/- and Rs.41,212/- was awarded in favour of Appellants Nathu Lal and Chanda Singh respectively. 2. On 04.07.2010, both the Appellants who were working in Delhi Police, were proceeding on their motorcycle No. RJ-32-M-6899. The two-wheeler was being driven by the Appellant Nathu Lal Yadav while Appellant Chanda Singh was sitting on the pillion. At about 3:15 pm, when they reached at Rama Road, Near Police Station Kirti Nagar, their two-wheeler was struck by a Honda Car No.DL-4CF-9647 which was being driven by the First Respondent in a rash and negligent manner. Both the Appellants fell down from the two-wheeler, they suffered injuries and were removed to DDU Hospital. The Claims Tribunal on analysis of the evidence produced by the Appellants found that the accident was caused on account of the rash and negligent driving of the H...
icici Lombard General Insurance Co. Ltd. Vs. Bijender Singh and Others
Court: Delhi
Decided on: May-21-2012
G.P. MITTAL, J. (ORAL) 1. The Appellant ICICI Lombard General Insurance Company Limited impugns a judgment dated 09.12.2010 whereby a compensation of Rs.15,22,944/- was awarded for the death of Bhishm Tanwar, who died in a motor accident which occurred on 01.08.2008. 2. The sole ground of challenge raised during the hearing of the Appeal is that the offending vehicle No.UP-17C-5880 was attached by the second Respondent with U.P. State Road Transport Corporation (UPSRTC). The State Carriage Permit possessed by the Second Respondent got converted into a Contract Carriage. No permission was obtained by the Second Respondent from the concerned Transport Authority for transfer of the permit in favour of UPSRTC. This being in violation of the condition of permit, the Appellant Insurance Company was not obliged to indemnify the insured. 3. The Motor Accident Claims Tribunal (the Claims Tribunal), argues the learned counsel for the Appellant, erred in fastening the liability on the Appellant...
Director of Income Tax Vs. Maruti Center for Excellence
Court: Delhi
Decided on: May-21-2012
SANJIV KHANNA, J. 1. Director of Income Tax (Exemptions) has filed these two appeals against Maruti Center for Excellence (assessee/respondent, for short). In ITA No. 1335/2010, which relates to assessment year 2005-06, order dated 2nd September, 2009, passed by the Income Tax Appellate Tribunal (tribunal, for short) has been challenged. In ITA No. 50/2011, order dated 12th May, 2010 which relates to the assessment year 2006-07, passed by the tribunal has been challenged. As the issue and question involved in the above two appeals are identical and similar, they are being disposed of by this common order. We heard the learned counsel for the parties on the following substantial question of law framed on 3rd May, 2012:- “Whether the Income Tax Appellate Tribunal was right in holding that the assessee is a charitable institution and has not violated the Section 13(1)(c)(ii) read with 13(3) of the Income Tax Act, 1961?” 2. The assessee is a society which was set up on or abou...
Acc Ltd. Vs. District Valuation Officer and Others
Court: Delhi
Decided on: May-21-2012
R.V. EASWAR, J. 1. This writ petition under Article 226 of the Constitution of India has been filed by M/s. ACC Ltd., hereinafter referred to as the “petitioner”, seeking a writ of prohibition, prohibiting the respondents from taking any action pursuant to the notices dated 07.04.2011 and 19.04.2011 and pursuant to the order of reference dated 20.12.2010 for valuation of the property, hereinafter referred to as “Okhla land”, as on 01.04.1981. A prayer has also been made for issue of writ of certiorari for quashing the aforesaid orders and the proceedings as well as issue of writ of mandamus directing the first respondent to withdraw, revoke or cancel the impugned valuation proceedings. 2. The brief facts leading to the filing of the present petition may be noticed. The petitioner is a public limited company incorporated under the Indian Companies Act, 1913. It is engaged in the business of manufacture and sale of cement and also in the generation of power. It is...
Mehta Entertainment Inc. Vs. Yashi Multimedia Pvt. Ltd.
Court: Delhi
Decided on: May-21-2012
MANMOHAN, J. 1. Present winding up petition has been filed under Section 433(e) read with Sections 434 and 439 of the Companies Act, 1956 (hereinafter referred to as ‘the Act’) stating that the respondent is unable to pay its debts allegedly amounting to US$ 300,000 equivalent to Rs. 1,47,72,000/-. 2. The facts as stated in the present petition are that the petitioner is a sole proprietorship firm, based in the United States of America, owned by Mr. Deepak Mehta. 3. It is stated in the petition that respondent company's duly authorised representative Mr. Farhath Hussain was approached by the petitioner to arrange stage shows in United States in which Mr. Vivek Oberoi, the film star was willing to participate between 24th August, 2003 and 30th September, 2003. In support of its case the petitioner has annexed the respondent's letter dated 29th January, 2003 allegedly authorising Mr. Farhath Hussain to not only enter into contracts on behalf of the respondent company but also...
Ved Prakash and Others Vs. Rajesh Gaur and Others
Court: Delhi
Decided on: May-21-2012
G. P. MITTAL, J. (ORAL) 1. The Appeal is for enhancement of compensation of Rs.6,45,000/- awarded for the death of Smt. Savita, who died in a motor accident which occurred on 07.11.2010. 2. By the impugned judgment dated 21.01.2012, the Appellants who are the deceased’s husband and children were awarded compensation by valuing the services of a housewife at Rs.3,000/- per month as per Lata Wadhwa and Ors. v. State of Bihar and Ors., (2001) 8 SCC 197. 3. It is urged by the learned counsel for the Appellants that they (the Appellants) are entitled to loss of gratuitous services rendered by a housewife on the basis of the salary of a non-Matriculate. The amount towards the value of gratuitous services at Rs.3,000/- was fixed by the Supreme Court in relation to a case where the accident occurred in the year 1989. 4. This case is covered by the judgment of this Court in Royal Sundaram Alliance Insurance Co. Ltd. v. Master Manmeet Singh and Ors., MAC.APP. 590/2011, decided on 30th Ja...
Shri Raj Kumar Jadhav and Another Vs. Smt. Vinita Rastogi
Court: Delhi
Decided on: May-21-2012
(Oral) 1. The plaintiffs have filed the present suit, inter alia, seeking a decree of Specific Performance of the Agreements to Sell dated 06.08.2008 and 19.08.2008. 2. The brief facts of the matter as per the case of the plaintiff are : (a) the plaintiffs entered into an agreement dated 06.08.2008 with the defendant for the sale of the Second Floor of the suit property, admeasuring about 70 sq yards without terrace rights for a total consideration of 23 lacks; (b) The defendant represented her as the absolute owner of the said suit property. The said property was executed in her favour vide Sale Deed executed by Dhiraj Bakshi and Anil Kumar Trehan, registered as Document No. 10633 in Addl Book No. 1, Vol. 15,990 pages 20-26 in the office of the Sub Registrar II, Janakpuri, New Delhi dated 06.05.2008. (c) That out of the total consideration, he paid a sum of Rs. 2 lacs cash. That as per the terms of the agreement cum receipt dated 06.08.2008, it was agreed mutually that the balance su...
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