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-10-2012
ORDER 1. Alleging discrimination and bias against the Estate Officer, order of 20th July, 2010 evicting the petitioner from 1382.26 sq.ft. space on 7th floor of Bank of Baroda building at 16, Parliament Street, New Delhi (hereinafter referred to as the subject premises) was unsuccessfully challenged by the petitioner by preferring a statutory appeal under Public Premises (Eviction of Unauthorised Occupants) Act, 1971, which stands dismissed vide impugned order of 14th December, 2011. 2. Undisputed facts as noted in the impugned order are that petitioner's lease on the subject premises was last extended with effect from 1st June, 1986 for a period of five years and vide respondent's Communication of 22nd January, 1990, petitioner was called upon to clear the arrears of lease money, due since July, 1988. Having failed to clear the arrears of `21,68,399.52 p., 'notice to quit' of 23rd May, 2006 was served by the respondent - bank upon the petitioner, who had responded to it, by expressin...
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 : 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-23-2012
RAJIV SAHAI ENDLAW, J. 1. These Intra-Court appeals impugn the common judgment dated 25th July, 2011 of the learned Single Judge in W.P.(C) No. 4342/2007, W.P.(C) No. 4344/2007, W.P.(C) No. 13393/2009 and W.P.(C) No. 13628/2009 preferred by the respondents herein. Of the said four writ petitions, two i.e. W.P.(C) No. 4342/2007 and W.P.(C) No. 4344/2007 were filed impugning the common judgment dated 22nd May, 2007 of the learned District Judge [exercising powers under Section 9 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971] and dismissing the appeals preferred by the respondents against the order dated 18th April, 2006 of the Estate Officer of eviction of the respondents from Flat No.14/12190 and Flat No.7/10181 on the first floor of Tropical Building, H- Block, Connaught Circus, New Delhi. The other two writ petitions i.e. W.P.(C) No. 13393/2009 and W.P.(C) No.13628/2009 were preferred assailing the common judgment dated 29th October, 2009 of the learned Distri...
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-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 : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Mar-15-2012
Per Mathew John, J. In this proceeding the main appellants, namely, A.G. Corporation, Coir Cushion Ltd. and Overseas Business Corporation, are three importers who imported thirty two consignments of apparently the same goods declared to be components of Digital Satellite Receiver/ Satellite Receiver/ Receiver DVB Set etc of Chinese origin shipped from Hongkong and also from Chinese Ports. Out of these items the main item was Populated Circuit Boards (PCB). These goods were sold to mainly to M/s Rishav Udyog which was a proprietorship firm of Mr. Kamal Pat Surana, for use in assembling receivers for Direct to Home (DTH) transmission of TV signals. 2. At the time of initial assessment of goods customs suspected undervaluation of the goods. For goods with declared value varying from HK$ 20 to HK $ 30 per piece the customs department loaded the value to values in the Range of HK$ 20.50 to HK$ 42.75 in different consignments. But later the Directorate of Revenue Intelligence did more invest...
Tag this Judgment!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 : Delhi
Decided on : Mar-07-2012
Rajiv Sahai Endlaw, J. 1. These Intra-Court appeals impugn the judgments, both dated 15.02.2010 of the learned Single Judge of this Court dismissing W.P.(C) No.7406/2009 and W.P.(C) No.12356/2009 preferred by the appellant. Notice of the appeals was issued and the counsels have been heard. 2. The appellant was employed, since the year 1992, as a Steno-typist in the Session Division, Gurgaon, Haryana. He in the academic year 1992-93 joined the LL.B Degree Course as a regular student of D.S. College, Aligarh, Dr. Bhim Rao Ambedkar University, Agra and was in the year 1997 awarded the LL.B Degree. He however continued to serve as Steno-typist and was in the year 1999 accused of an offence under The Prevention of Corruption Act, 1988 and convicted therefore on 15.02.2005. He, though preferred an appeal against the said conviction and which appeal was admitted by the Punjab and Haryana High Court for hearing but was in April, 2005 dismissed from service subject to outcome of the said appeal...
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