Court : Delhi
Decided on : Jul-02-2012
G. P. Mittal, J. 1. These two Appeals (MAC APP. No.346/2010 and MAC APP. No.279/2011) arise out of a judgment dated 22.03.2010 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.3,03,883/- along with interest @ 8% per annum was awarded in favour of R.K. Jain who suffered injuries in a motor accident which occurred on 21.07.1999. 2. For the sake of convenience, the Appellant National Insurance Co. Ltd. (Appellant in MAC APP. No.346/2010) shall be referred to as the Insurance Company, whereas the Cross-Objectionist (MAC APP. No.279/2011) shall be referred to as the Claimant. 3. On 21.07.1999, the Claimant was driving down his car No.DL-3CG-4426 from Bharatpur to Delhi. A truck No.RJ-25G-0104 while being driven in a rash and negligent manner by the Second Respondent hit the Claimant’s car from behind; as a result of the forceful impact windscreen of the Claimant’s car broke into pieces. Some of the screen pallets pierced on to the f...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Jun-27-2012
Per Archana Wadhwa: 1. Both the appeals are being disposed of by a common order as they arise out of same impugned order passed by the lower authorities. 2. As per facts on record, the officer of directorate of Revenue Intelligence intercepted one truck enroute to Gorkhpur on 7.11.07, the same was found to be loaded with scrap of old and used fused battery of various sizes. Inasmuch as markings on some of the goods indicated that they were manufactured in Japan, Revenue entertained a view that the said goods were smuggled. 3. The statement of driver, Shri Rajesh Yadav, was recorded on 7.11.07 wherein, he inter alia deposed that the goods were belonging to one Shri Rajesh Babu, owner of M/s. Jai Ambey Traders, Nautanwa. He further stated that he had gone to the house of Shri Rajesh Babu for loading of the said goods along with his younger brother Shri Girijesh Babu. Inasmuch as the said goods were not found at the premises, he was told to wait and Shri Girijesh Babu went to Nepal and c...
Tag this Judgment!Court : Delhi
Decided on : Jun-01-2012
MANMOHAN SINGH, J. (Oral) I.A. No.11246/2012, I.A. No.11247/2012 and I.A. No.11248/2012 (u/S 151 CPC for exemption) These applications have been filed by the plaintiffs under Section 151 of CPC, seeking exemption from filing the original, fair typed copies of the dim documents and documents in legal size and translated copies of the international registration certificates at this stage. Heard. For the reasons stated in the applications, the same are allowed and eight weeks time is granted to file the same. The applications are disposed of. CS(OS) 1787/2012 Let the plaint be registered as a suit. Additional affidavit and documents are taken on record. Issue summons to the defendant, on filing of process fee and registered AD cover within one week, returnable on 30.07.2012. I.A. No.11245/2012 (u/O XXXIX, R.1 and 2 CPC) 1. Issue notice for the date fixed. 2. In this application, the plaintiffs are seeking an injunction against the defendant from using the word MAERSK as part of its co...
Tag this Judgment!Court : Delhi
Decided on : May-18-2012
S.RAVINDRA BHAT 1. This judgment will dispose of challenges to two Detention Orders issued by the Central Government whereby Nikhil Mondal @ Tapan [the petitioner in W.P. (Crl) 247/2012] and Jamal Seikh [petitioner in W.P. (Crl) 248/2012] were placed under preventive detention in exercise of the powers conferred upon the Central Government under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereafter referred to as “COFEPOSA”). These detention orders were served upon Nikhil Mondal @ Tapan on 06.06.2011 and on Jamal Seikh on 07.06.2011. They were confirmed by separate orders dated 23.08.2011 which were passed after the Advisory Board furnished its report to the Central Government. 2. Based on the information and intelligence received by the Directorate of Revenue Intelligence, Kolkata Zonal Unit (hereafter referred to as the “DRI”), that a huge quantity of Fake Indian Currency Notes (hereafter referred to a...
Tag this Judgment!Court : Delhi
Decided on : May-18-2012
SANJIV KHANNA, J. 1. In Merchant of Venice, Portia disguised as young law clerk had propounded that the bond only allowed Shylock to remove the flesh, not the blood of Antonio. Further damning Shylock’s case, she said that he must cut one pound of flesh, no more, no less; she asserted “if the scale do turn/But in the estimation of a hair/though diest and all thy goods are confiscate.” The impugned order passed by the Settlement Commission deserves to be upheld for the petitioner herein- Gupta Perfumers (P) Ltd. it is apparent is caught in their own web, which they stoutly and strongly deny. Even now in the writ petition they have urged and argued that their conduct and actions were bonafide and solely guided by the noble and honourable desire to come clean with their inglorious past. The petitioner claims that they without any motive or intention to help a third person, declared undisclosed taxable income of Rs. 1,36,08,897/-. We record that the undisclosed income ha...
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
Decided on : May-10-2012
M.L. Chauhan, Member (J): This is the second round of litigation. Earlier the applicant had filed Writ Petition No.579/2005 against the order of dismissal dated 15.10.1999. The said Writ Petition was transferred to this Tribunal, which was registered as TA No.1223/2009. This Tribunal vide order dated 15.12.2009 directed the Commissioner, MCD to treat the said TA as supplementary revision of applicant and dispose of the same by a reasoned order to be passed within a period of 03 months from the date of receipt of a copy of that order. Pursuant to the direction given by this Tribunal the respondents have again passed the order dated 07.06.2010, thereby enclosing a detailed speaking order, upholding the order of the disciplinary authority dated 15.10.1999, inflicting the penalty of dismissal from service with a modification to the extent that penalty of dismissal from service shall not be a disqualification for future employment. It is this order, which is under challenge in this OA and t...
Tag this Judgment!Court : Delhi
Decided on : May-08-2012
PRADEEP NANDRAJOG, J. 1. What we commonly understand as a song consists of three elements: lyrics, music and singing. There are three players. The lyricist who provides the words; the musician who provides the music score; and the singer who provides the sound to the words. The trinity join: a song is created. Thus, a song is music which is vocal in character. It is but natural that in a song, the words and the music have a special relationship. Words affect the melodic line, even the rhythmic structure. The inflection of the language in the lyrics leaves an imprint on the melody and the rhythm; on style and phrasing. When a song is sung there is a moving romance between the words and the music. 2. Do the identities break when their fusion creates a synthesized product i.e. when a song is recorded? 3. Undoubtedly, when a song is recorded there is homogenization of the lyrics with the musical score; where integration is articulated through the multi-level hierarchical system of inter-de...
Tag this Judgment!Court : Delhi
Decided on : May-02-2012
SANJIV KHANNA, J. 1. These writ petitions have been preferred by Commissioner of Central Excise, Delhi-I impugning orders passed by the Government of India under Section 35EE of the Central Excise Act, 1944(Act, for short). The said orders are authored by Joint Secretary to the Government of India, who has been authorized to pass orders under the said Section in exercise of revisionary jurisdiction. Respondent No. 2 to the present writ petitions are the private parties, who have succeeded in the revision petition before the Joint Secretary, Government of India. 2. We are not required to deal with the individual facts in each of the writ petitions as the controversy and issue raised is legal. Facts relevant for the present decision may however be noticed. The respondent No. 2 assesses are manufacturer exporters of stainless steel utensils (not trader or merchant exporters) and had made applications for rebate/refund of the Countervailing Duty or additional duty (hereinafter referred 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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