Court : Delhi
Decided on : Nov-13-2003
Reported in : 107(2003)DLT734; 2004(72)DRJ1; 2003(3)JCC292; (2004)136PLR3
..... wisdom specifically provided that only the court of metropolitan magistrate or the judicial magistrate, first class would be competent to try cases under section 138 of the act. complaints under section 138 having been transferred to the court of additional sessions judge for being tried by them, the respondent no. 1 has committed violation ..... widen the scope or the provision so as to include in its ambit the jurisdiction of additional sessions judges. jurisdiction to try offences under section 138 of the act have been specifically conferred on metropolitan magistrate or judicial magistrate, first class. that jurisdiction cannot be taken away, to our mind, by invoking ..... because of acute shortages of judicial officers at magisterial level. the high court exercising its power on the administrative side transferred the cases under section 138 of the act which were pending as on 31st december, 2001 from the court of metropolitan magistrates to the court of additional sessions judges. the impugned .....
Tag this Judgment!Court : Delhi
Decided on : Nov-13-2003
Reported in : (2004)91TTJ(Del)128
..... loss/gain 'arising from such cancellation is directly related to repayment of the loan, further attention of the bench was drawn to proviso (c) to section 43(5) of the act which excludes a contract entered into by a member of a forward market or a stock exchange in the course of any transaction in the nature of ..... do the trading by entering forwarding contract. it was further stated that only the authorized agents can trade in foreign currency. it was further stated that section 8 of foreign exchange regulation act, 1973 provides that except with prior general or special permission of the reserve bank of india, no person other than an authorized dealer shall purchase, ..... depreciation in respect of addition to plant & machinery on account of foreign exchange fluctuation in respect of foreign currency loan obtained for acquisition of fixed assets under section 43-a.4.1 this issue has been decided by the tribunal in case of assessed itself for assessment years 1990-91 to 1992-93 in i.t.a .....
Tag this Judgment!Court : Delhi
Decided on : Nov-12-2003
Reported in : 2004ACJ666
..... respondent no. 2. the bus was owned by respondent no. 1. as a result of the injuries sustained, she died.3. the appellants filed a petition under section 110-a of the motor vehicles act, 1939, claiming compensation in the sum of rs. 9,40,000 on account of death of geeta ahluwalia.4. by an award dated 17.12.1991, it .....
Tag this Judgment!Court : Delhi
Decided on : Nov-12-2003
Reported in : 2005ACJ2148; 2003VIIIAD(Delhi)399; AIR2004Delhi107; 2004(72)DRJ268
..... respondents to provide for proper platform as well as over-bridge/subway to conform to standard of conduct for projection of passengers, having failed to discharge his duty respondents acted negligently.18. we now deal with the question whether it can be said that there was contributory negligence on the part of the deceased. the answer in view ..... the party injured will have no claim in law even though the injury is intentional, so long as the other party is merely exercising a legal right; if the act involves lack of due care, again no case of actionable negligence will arise unless the duty to be careful exists.'the word 'duty' connotes the relationship between one ..... it is itself hazardous and would amount to negligence on the part of the respondents. it defeats the contention of the court as to how the respondents could act in such a negligence by exposing the passengers to a grave risk in forcing them to cross the railway track meant for incoming trains from ambala side for boarding .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Nov-12-2003
Reported in : (2004)(92)ECC20
..... in the category of service provided by mandap keeper and, therefore, the service tax demand confirmed in the impugned order is not legally sustainable.4. section 65 of the finance act 1944 contains definitions of "mandap", "mandap keeper" and taxable service." the dispute is to be required decided in the light of these definitions. in ..... order to facilitate the discussion of the issue, we read these definitions: (22) "mandap" means any immovable property as defined in section 3 of the transfer of property act, 1882 and includes any furniture, fixtures, light fittings and floor coverings therein let out for consideration for organizing any official, social or business function; ( ..... 1. m/s. india trade promotion organization (itpo) has been registered as a charitable organization under section 25 of the companies act 1956. the main objectives of this organization as enumerated in memorandum of association are as under:- to promote, organize and participate in industrial .....
Tag this Judgment!Court : Delhi
Decided on : Nov-12-2003
Reported in : I(2006)ACC603
..... provide for proper platform as well as over bridge/subway to conform to the standard of conduct for protection of passengers, having failed to discharge his duty the respondents acted negligently.18. we now deal with the question whether it can be said that there was contributory negligence on the part of deceased. the answer in view of the ..... the party injured will have no claim in law even though the injury is intentional, so long as the other party is merely exercising a legal right; if the act involves lack of due care, again no case of actionable negligence will arise unless the duty to be careful exists.the word 'duty' connotes the relationship between one party ..... . it is itself hazardous and would amount to negligence on the part of the respondents. it defeats the contention of the court as to how the respondents could act in such a negligence by exposing the passengers to a grave risk in forcing them to cross the railway track meant for incoming trains from ambala side for boarding .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Nov-11-2003
Reported in : (2004)(164)ELT415TriDel
..... filed before the hon'ble supreme court. thus the revenue has not succeeded in showing the sufficient cause for not presenting the appeal within the period specified in section 35b of the central excise act. the ratio of the decision in the case of chandra mani is not applicable in view of the abnormal delay of more than 1000 days in filing .....
Tag this Judgment!Court : Delhi
Decided on : Nov-06-2003
Reported in : II(2004)ACC718; 2005ACJ1938
..... of the offending vehicle but also that it was being driven by a person authorised by the owner unless of course compensation is being claimed under section 163-a of the 1988 act on no fault liability basis. while the proof of negligence may be upon claimants, however, the fact as to whether or not the driver was ..... unknown persons hired the autorickshaw but subsequently stole away the same and killed d. d's legal representatives filed a claim petition under section 163-a of the motor vehicles act, 1988 (for short 'the act') claiming damages for the death of d caused during the course of his employment under the owner of the autorickshaw and also fastened ..... the contention of mr. seth appearing on behalf of the insurance company is that it was a clear case of murder and consequently the petition under section 110-a of motor vehicles act, 1939 claiming compensation for the death alleged to have been caused in the accident was not maintainable. for this, he has placed reliance upon the .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Nov-06-2003
Reported in : (2004)(93)ECC24
..... to official records and entries therein are entered on the basis of certain internal documents and that too with the full knowledge of the management; that as per section 36a of the central excise act, the contents of any document seized from the custody or control of any person shall be presumed to be true unless the contrary is proved. he emphasized ..... of fabric was sent with the price-list for the purpose of valuation and the same had nothing to do with the classification. he relied upon the decision in rajasthan explosives & chemicals ltd. v. cce, jaipur, 2003 (85) ecc 85 (t) wherein the tribunal has held that "if there are documents for the clearance of excisable goods without payment of duty .....
Tag this Judgment!Court : Delhi
Decided on : Nov-05-2003
Reported in : 2003VIIIAD(Delhi)425; 108(2003)DLT314; (2004)ILLJ603Del; 2004(3)SLJ428(Delhi)
..... landing and taking off area for air-crafts usually with runways and aircraft maintenance and passenger facilities and includes aerodrome as defined in clause (2) section 2 of the aircraft act 1934. 2(e) 'air transport service' means any service for any kind of remuneration whatsoever for the transport by air of persons, mail ..... national union waterfront workers : (2001)iillj1087sc wherein in paragraph 68 & 125 it has been held as follows:- '68. we have extracted above section 10 of the clra act which empowers the appropriate government to prohibit employment of contract labour in any process, operation or other work in any establishment, lays down the procedure ..... contract with the airport and the contractor showed that supervision and control with the airport ... without trolley there would be chaos ' section 2(m) of the airport authority of india act (aai act) shows that it is the duty of the airport to provide transport facilities necessary for the passenger. he observed as under:- 'all .....
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