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...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Mar-19-2012
Per Ms. Archana Wadhwa, J. 1. Both the appeals are being disposed of by a common order as they arise out of the same impugned order passed by the authorities below vide which the Chinese velvet bedsheets totally valued Rs.41,32,500/- stands absolutely confiscated and penalty of Rs.10,000/- stands imposed on Shri Arun Kumar Chirania and Rs.8,000/- on Shri Rajiv Kumar Singhal. 2. As per the facts on record, the godowns premises of M/s Shyam Traders, Proprietor Shri Arun Kumar Chirania were visited by the Preventive Customs officers on 25.01.09. The godown was put to search in the presence of Shri Rajiv Kumar Singhal, business partner of Shri Chirania. 191 bundles packed in green plastic covers showing their Chinese origin were put under seizure on the reasonable belief that the same were smuggled. Shri Rajiv Kumar Singhal told the officers that the recovered Chinese blankets were brought by him and Shri Chirania through M/s Pashupati Enterprises, Kolkata with the help ...
Tag this Judgment!Court : Delhi
Decided on : Mar-23-2012
RAJIV SAHAI ENDLAW, J. 1. This Intra-Court appeal impugns the order dated 23rd March, 2010 of the learned Single Judge allowing W.P.(C) No.7225/2007 preferred by the respondents and consequently directing the appellants to release a sum of Rs.67,57,072/- to the respondents; the appellants have also been burdened with interest @ Rs.10% per annum for delay in payment and with costs. Notice of this appeal was issued and the operation of the impugned order stayed. The writ record has also been requisitioned. The counsels have been heard. 2. The respondents had filed the writ petition pleading, that they were / are engaged in the business of supplying tents / tin sheds and other furniture on hire; that in the years 1998 to 2000, the Directorate of Education of the appellants had placed an order on the respondents for erection of tin shed structures in some of the government schools in Delhi; similar orders were placed on other tent houses also including one Punjabi Tent House; that during ...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Mar-28-2012
Per Archana Wadhwa, J. 1. As per facts on record, the Customs officers intercepted one truck on 24.7.06, coming towards Faizabad. Four persons were found to be sitting in the vehicle. On being questioned, driver of the vehicle deposed that the zinc was loaded in the vehicle from a place beyond Adapur village at Indo-Nepal border. Search of the truck resulted in recovery of 162 bags of zinc. Revenue by entertaining the view that the said goods stand smuggled from Nepal, seized the same along with seizure of the truck. 2. During post seizure investigation, statement of various persons including the driver of the truck were recorded. Shri Rajendra Prasad, driver of the vehicle, deposed that he had loaded 162 bags of zinc in the vehicle from a place which is near Indo-Nepal boarder. He further stated that the said zinc was brought from Nepal by truck and the same were subsequently loaded in the truck. The statement of other cleaner of the truck was also to the same effect. 3. Further inqu...
Tag this Judgment!Court : Delhi
Decided on : Mar-29-2012
V.K. JAIN, J. 1. This appeal is directed against the judgment dated 24.4.2009 passed by a learned Single Judge of this Court in WP(C) 8451/2009. The brief facts of the case can be summarized as under: The appellant was employed as a Graduate Engineer Trainee with the respondent in February, 1982. On completion of training he was appointed in the category of “NCB Cadre Official Level M”. A charge-sheet dated 21.7.1986 was issued to the appellant and pursuant to the finding returned by the Inquiry Officer, he was removed from the service on 29.1.1987. The appeal filed by him having been dismissed on 29.4.1989, an industrial dispute was raised by him which was referred to the Labour Court. Vide order dated 8.4.1996 an award was passed declaring the domestic inquiry invalid and directing reinstatement of the appellant with full back wages. WP(C) 3724/1996 was filed by the respondent challenging the award passed by the Labour Court. Vide order dated 2.12.2002, this Court r...
Tag this Judgment!Court : Delhi
Decided on : Apr-13-2012
REVA KHETRAPAL, J 1. The aforementioned suit is filed by the plaintiff for the recovery of a sum of Rs.23,73,364.38 (Rupees Twenty Three Lacs Seventy Three Thousand Three Hundred Sixty Four and Paise Thirty Eight Only) together with costs and interest thereon premised on a Bank Guarantee issued by the defendants, whereby the defendants unconditionally bound themselves to make the payment as mentioned in the Bank Guarantee to the plaintiff in the event of non-performance of export obligations by a third party. 2. Briefly the facts may be delineated as follows. 3. On 19th April, 1994, M/s. Chittagong Cement Clinkers and Grinding Co. Ltd., South Halisher, Chittagong (hereinafter referred to as “M/s. Chittagong”) entered into an agreement for the supply of 25,000 Metric Ton of cement clinkers with the plaintiff. On the same date, i.e., on 19th April, 1994, M/s. Chittagong entered into another agreement with M/s. Project and Equipment Corporation of India Ltd., Hansalaya, 15 Bar...
Tag this Judgment!Court : Delhi
Decided on : Apr-17-2012
1. By this petition, the Petitioner seeks quashing of the order and inquiry report dated 14th May, 2011 passed by the learned Additional Chief Metropolitan Magistrate-01, Patiala House Courts, New Delhi under Section 5 of the Extradition Act, 1962 in CC. No.79/1/08 whereby the learned Additional Chief Metropolitan Magistrate recommended extradition of the Petitioner to the United States of America (USA). 2. Learned counsel for the Petitioner contends that the request for extradition made by the Government of USA was in breach of mandatory provisions of the Indo-US Extradition Treaty (in short „the Treaty‟), especially Article 9(4)(a) of the said Treaty which provides that the request for extradition relating to a person, who has been convicted of an offence for which extradition is sought shall be supported by “a copy of the judgment of conviction or, if such copy is not available, a statement by a judicial authority that a person has been convicted”. Since copy...
Tag this Judgment!Court : Delhi
Decided on : Apr-23-2012
..... aspect whether other advantagehas to be read with gaining pecuniary advantagein section 2(e) of mcoca, learned counsel for petitioner relied upon state of maharashtra v. jagain gagansingh nepali @ jagya and ors : crl. appeal no.20/2011 decided by full bench of bombay high court in august, 2011 wherein it has been observed as under:- since the division bench ..... the organized crime can very well be proceeded against once sanction is obtained against them under section 23 (2) of mcoca. i am conscious in a case of jagain gagansingh nepali @ jagya and ors. (supra) the term other advantage used in section 2(e) of the maharashtra control of organized crime control of organized crime act, 1999 has been read as .....
Tag this Judgment!Court : Delhi
Decided on : Apr-24-2012
A.K. SIKRI, ACTING CHIEF JUSTICE. 1. The respondent workman herein was served with charge-sheet dated 23.09.1998 at the time when he was serving with erstwhile Delhi Electric Supply Undertaking (DESU) as an Inspector. In the charge-sheet, the imputation against him was that he had energized a commercial light connection sanctioned against K.No.614-121778 in favour of one Sh. Girbar Singh at premises of one Mr. Rakesh Kumar on the main road of Babarpur and not at premises No.20-A-3/17, Vishwakarma Road, Babarpur, Shahdara where it was actually to be energized. 2. To put it otherwise, it is not in dispute that the electricity connection had been sanctioned by the officials of the Commercial Department of DESU and the only allegation against the respondent workman was that he had installed the said connection at the wrong address at the instance of one Mr. Rakesh Kumar in whose shop electricity connection was in fact energized and that shop was not at the address for which the electricity...
Tag this Judgment!Court : Delhi
Decided on : Apr-24-2012
SANJIV KHANNA, J.: 1. Deepak Khosla has preferred this intra-Court appeal impugning the order dated 4thJanuary, 2012 passed by the learned single Judge. The impugned order in paragraph 15 gives two directions; that the appellant would not appear in any Court either in person or as an attorney of a third party, as he does not have inherent right to appear and argue; that the appellant should be medically examined whether he was suffering from any mental disorder. The SHO of the police station Tilak Marg was directed to get the appellant admitted in the Institute of Human Behaviour and Allied Sciences (IHBAS, for short), Shahdara, Delhi. The Medical Superintendent of IBHAS was directed to submit a report within a week. The appellant was ordered not leave the premises of IHBAS and the SHO of the concerned police station was asked to provide adequate security. 2. By order dated 6thJanuary, 2012, in appeal, operation of the second direction in the impugned order was stayed. Medical records...
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