Delhi Court February 2014 Judgments
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M/S. North-west Switchgear Ltd. and Another Vs. Cce, Delhi
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Principal Bench New Delhi
Decided on: Feb-19-2014
Archana Wadhwa, J. 1. The appellant is engaged in the manufacture of Switchgear of North-West brand falling under chapter heading 85.36 of the schedule to Central Excise Tariff Act, 1985. The appellant is factory was visited by the DGCEI Officers, who conducted various checks and verifications. During the course of search, the officers recovered certain loose papers having some calculation in respect of plastic brass, M S and other scrap sold on different dates during the period 02.08.2000 to 28.11.2003. Some papers allegedly containing details of removal of finished goods were also recovered. 2. Statement of Shri Praveen Kumar Arora, the Deputy General Manager as also of Shri P.D. Aggarwal, Chairman and Managing Director were recorded. As per deposition made in the said statements, they could not offer any explanation for the enteries made in the loose papers. However, it may be mentioned here that there is no confession by the said deponents to the effect that the details and calcu...
Sushil Sharma Vs. Cce, Ludhiana
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Principal Bench New Delhi
Decided on: Feb-19-2014
D.N. Panda, J. 1. When the matter was called in appeal No. C/545/2008 Shri Udit Jain, learned Counsel appearing on behalf of Shri K.K. Anand says that there is no instruction for him to appear today in this appeal. 2. It is an admitted fact from record that the appellant Shri Sushil Sharma was an employee as Asst. Commercial Manager and Authorised signatory of M/s. Fashion World International, Ludhiana. He was also signatory of customs and Central Excise documents. He was looking after work of import and export made by above company. 3. Investigation into the premises of appellant company made by the department revealed that Polyester Fibre did not reach to its factory. Shri Sushil Sharma had knowledge about non-receipt of the goods in the factory of the appellant. He was not found to be an innocent person nor ignorant of the fate of the goods imported when he was authorized signatory for the purpose of customs documentation. His concern over the imported goods could not be ruled ...
Sucha Singh Sodhi (Deceased) Throurh Lrs Vs. Baldev Raj Walia and anr
Court: Delhi
Decided on: Feb-18-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:18. h February, 2014. + RFA3532012 SUCHA SINGH SODHI (DECEASED) THROURH LRS ...........Appellant Through: Mr. Bheem Sain Jain, Adv. Versus BALDEV RAJ WALIA & ANR ..... Respondents Through: Mr. S.K. Bhaduri & Ms. Kiran Dharam, Advs. for R-1. Mr. B.B. Gupta & Mr. Udyan Srivastava, Advs. for R-2. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 The appeal impugns the judgment and decree dated 8th May, 2012 of dismissal of CS No.135/2008, instituted on 25th February, 1999, by Sh. Sucha Singh Sodhi, predecessor-in-interest of the four appellants, for specific performance of an Agreement of Sale of immovable property, consequent to rejection (under Order VII Rule 11 of Civil Procedure Code (CPC), 1908 and on a preliminary issue framed in that regard) of the plaint as barred by Order II Rule 2 of the CPC.2. The appeal was accompanied with an application for condonation of 68 days delay in re-filing the same. Notice only of the said appl...
Bhuwan Chand Vs. Nct of Delhi
Court: Delhi
Decided on: Feb-18-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :2. d DECEMBER, 2013 DECIDED ON :18. h FEBRUARY, 2014 + CRL.A. 794/2002 BHUWAN CHAND Through : ....Appellant Mr. R.K. Singla, Advocate. VERSUS NCT OF DELHI Through : .Respondent Mr.Lovkesh Sawhney, APP. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. Bhuwan Chand (the appellant) questions the legality and correctness of a judgment dated 27.09.2002 of learned Addl. Sessions Judge in Sessions Case No.4/2000 arising out of FIR No.47/2000 PS K.M.Pur by which he was held guilty for committing offence punishable under Section 307 IPC. By an order dated 03.10.2002, he was awarded RI for three years with fine ` 500/-.2. The accusations, filtering out unnecessary details, which led to the trial of the appellant were that on 12.02.2000 at 09.30 P.M. near bus stop Kashmiri Market, East Kidwai Nagar, he voluntarily inflicted injuries to Kumud Kumar with a sharp edged weapon in an attempt to murder him. Daily Diary (DD) No.18A (Ex.PW-11/A) wa...
Raman Kant Vaid Vs. State Nct of Delhi
Court: Delhi
Decided on: Feb-18-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on:11.02.2014. Judgment delivered on:18. 02.2014. CRL.A. 96/2006 RAMAN KANT VAID Through ..... Appellant Mr. R.N. Mittal, Sr. Adv. with Mr. Ankit Goel, Adv. versus STATE NCT OF DELHI Through ..... Respondent Mr. Varun Goswami, APP for the State. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.1 The appellant is aggrieved by the impugned judgment and order of sentence dated 06.02.2006 and 13.02.2006 whereby he has been convicted under Section 308 of the IPC and has been sentenced to undergo RI for a period of 4 years and to pay a fine of Rs.10,000/- and in default of payment of fine, to undergo RI for 1 year. 2 At the outset, learned senior counsel for the appellant points out that out of total period of 4 years of sentence which had been awarded to the appellant, he had suffered a sentence of about nearly 4 months. This submission of the appellant is borne out from the record as also from the nominal roll which...
Satish Kumar Vs. M/S. Gandhi Smarak Nidhi
Court: Delhi
Decided on: Feb-18-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI + RSA No.58/2014 18th February, 2014 % SATISH KUMAR ...... Appellant Through: None VERSUS M/S. GANDHI SMARAK NIDHI Through: ...... Respondent CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. No.3328/2014 (exemption) 1. Exemption allowed subject to just exceptions. C.M. stands disposed of. + RSA No.58/2014 2. No one was present for the appellant on the first call. No one is present for the appellant even on the second call at 1.00 P.M. I have therefore perused the record and am proceeding to dispose of this second appeal.3. RSA582014 The admitted position which emerges from the concurrent Page 1 of 2 judgments of the courts below is that the employer/respondent no.1 was a private employer and not a State under Article 12 of the Constitution of India. Accordingly, it is a settled law that there cannot be enforcement of a contract of a persons services and which was prayed by the suit...
Shri Vinod Kumar Sharma and anr Vs. Shri Virender Kumar Sharma
Court: Delhi
Decided on: Feb-18-2014
*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:18. h February, 2014. % + RFA5882013 SHRI VINOD KUMAR SHARMA & ANR ..... Appellants Through: Mr. Gaurav Duggal, Mr. Suraj Agarwal and Ms. Sakshi Yadav, Advocates. Versus SHRI VIRENDER KUMAR SHARMA ..... Respondent Through: Mr. Gaurav Gaur, Adv. CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. The appeal impugns the ex parte judgment and decree dated 13th November, 2013 of the Court of the Addl. District Judge-06 (West), Tis Hazari Courts, Delhi of specific performance against the appellants, directing the appellant no.1 to execute the Sale Deed/Relinquishment Deed in favour of the respondent/plaintiff in respect of property No.C-25, New Krishna Park,Dhauli Piau, New Delhi 110 018.2. The appeal came up for admission/hearing, first on 18th December, 2013 when the counsel for the respondent/plaintiff being on caveat appeared. Though this is a first appeal but considering the nature of the controversy and since...
Hari Singh Yadav Vs. State
Court: Delhi
Decided on: Feb-18-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :24. h SEPTEMBER, 2013 DECIDED ON :18. h FEBRUARY, 2014 + CRL.A. 464/2004 HARI SINGH YADAV Through : ..... Appellant Mr.Pawan Kumar, Advocate with Mr.Nitin Kumar, Advocate. VERSUS STATE Through : ..... Respondent Mr.P.K.Sharma, Standing Counsel for CBI with Mr.A.K.Singh & Mr.Bakul Jain, Advocates. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. Hari Singh Yadav (the appellant) impugns a judgment dated 17.05.2004 of learned Special Judge, Delhi in RC No.38 (A)/98, CC No.125/2001 by which he was convicted under Section 7 and 13 (2) read with Section 13 (1)(d) of PC Act. By an order dated 18.05.2004, he was awarded rigorous imprisonment for two years with fine ` 5,000/- under Section 7 and rigorous imprisonment for three years with fine ` 5,000/- under Section 13(2) read with Section 13(1)(d) of the PC Act. The substantive sentences were to operate concurrently.2. In brief, the prosecution case is that on 13.07.1998, Gurcharan Singh...
Vinod Kumar Taneja Vs. M/S Indian Overseas Bank and anr.
Court: Delhi
Decided on: Feb-18-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on February 10, 2014 Judgment Delivered on February 18, 2014 + W.P.(C) 5875/1998 VINOD KUMAR TANEJA ..... Petitioner Represented by: Mr.Harvinder Singh, Advocate with Ms.Megha Gaur, Advocate versus M/S INDIAN OVERSEAS BANK AND ANR. ..... Respondents Represented by: Mr.Kunal Tandon, Advocate with Ms.Nidhi Jain and Mr.Shashank Shekhar, Advocates CORAM: HON'BLE MR. JUSTICE V.KAMESWAR RAO V.KAMESWAR RAO, J.1. The present petition has been filed by the petitioner challenging the award passed by the Central Government Industrial Tribunal (Tribunal in short) dated May 20, 1998 in I.D No.88/91, whereby the Tribunal rejected the claim filed by the petitioner against the action of the respondent terminating his services.2. It was the case of the petitioner that he joined the respondent No.1 bank on November 29, 1979 at Chandigarh, wherefrom he was transferred to Rajinder Nagar Branch, New Delhi in November, 1980. He submitted a leave ap...
Fatima Haron Sharma Vs. the State and ors.
Court: Delhi
Decided on: Feb-18-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI + % FAO No.424/2013 18th February, 2014 FATIMA HARON SHARMA Through: ......Appellant Mr. Ravi Gupta, Sr. Adv. with Mr. Rajat Joneja, Advocate. VERSUS THE STATE & ORS. Through: ...... Respondents Ms. Megha Bharara, Adv. for Ms. Ruchi Sindhwani, Adv. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This is an appeal filed under Section 8 of the Hindu Minority and Guardianship Act, 1956 challenging the impugned judgment of the Guardianship Court dated 27.7.2013 by which the Guardianship Court has dismissed the petition of the appellant, petitioner before the Guardianship Court, and who is the natural mother of the minor Ms. Tisha Razel Sharma. The appellant has been denied permission to sell 25% undivided share of the minor Ms. Tisha Razel Sharma in the property bearing No.D-58, Panchseheel Enclave, New Delhi-110017.2. The Guardianship Court notes that the appellant is not living in the...
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