Court : Delhi
Decided on : Jan-09-2002
Reported in : 98(2002)DLT3; 2002(82)ECC791
..... as follows:'on 10.2.95 at about 3.40 p.m. si tarkeshwar singh was on patrolling duty in main bazar, paharganj. he received a secret information that one nepali often comes to diamond cafe to sell charas and at that time also he was standing outside the diamond cafe waiting for some customer and that he is in possession .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta
Decided on : Jan-09-2002
Reported in : (2002)(141)ELT365Tri(Kol.)kata
1. All the four appeals are being disposed of by a common order as they arise out of the same impugned order of the Commissioner of Customs, Kolkata vide which he has absolutely confiscated 62,000 pcs of ball bearing of foreign origin. A Maruti Van which was found to be loaded with some cartons of ball bearing has also been confiscated with an option to the owner to redeem the same on payment of redemption fine of Rs. 50,000/-. In addition, a personal penalty of Rs. 1,00,000/- has been imposed on Shri Harshad Shah and penalty of Rs. 20,000/- each has been imposed upon Shri S.P. Chitlangia and Shri Sujit Jaiswal.2.1 As per the facts on record the Customs Officers, on 8-5-2000, found one Maruti Van standing in front of one godown located in Dum Dum Park, Kolkata. The Maruti Van was loaded with some cartons of foreign origin of ball bearing. Entertaining a doubt the Officers searched the godown premises and recovered 62,000 sets of ball bearing of Chinese origin. A diary containing some ...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Jan-09-2002
Reported in : (2002)(143)ELT331Tri(Mum.)bai
1. Appeal has been taken up for consideration with consent of both sides, after waiving deposit.2. The present appeal has been filed by the appellant against the decision of the Commissioner of Customs, Mumbai, whereunder he felt that there was a misdeclaration of export in respect of knitted jackets and pyjamas valued at US $ 36,000/- and US $ 18,000/- respectively and the drawback claim of Rs. 3,13,250/- was made. It transpires that the appellant has also exported other five items of textiles whereunder in respect of 100% cotton polyester woven jeans was procured by him from the market and exported the same. In respect of this item also the charge against the appellant was that he had misdeclared it. Yet it was found that he has not misdeclared it.3. During the course of the hearing, the learned Counsel pleaded before me that in respect of the items procured by the appellant from outside, it has been proved correct. When there is a mistake has occurred in respect of other two items ...
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-08-2002
Toyota Motor Mfg., Ky., Inc. v. Williams - 534 U.S. 184 (2002) OCTOBER TERM, 2001 Syllabus TOYOTA MOTOR MANUFACTURING, KENTUCKY, INC. v. WILLIAMS CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 00-1089. Argued November 7, 200l-Decided January 8, 2002 Claiming to be unable to perform her automobile assembly line job because she was disabled by carpal tunnel syndrome and related impairments, respondent sued petitioner, her former employer, for failing to provide her with a reasonable accommodation as required by the Americans with Disabilities Act of 1990 (ADA), 42 U. S. C. 12112(b)(5)(A). The District Court granted petitioner summary judgment, holding that respondent's impairment did not qualify as a "disability" under the ADA because it had not "substantially limit[ed]" any "major life activit[y]," 12102(2)(A), and that there was no evidence that respondent had had a record of a substantially limiting impairment or that petitioner had regarded her as...
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-08-2002
Great-West Life & Annuity Ins. Co. v. Knudson - 534 U.S. 204 (2002) OCTOBER TERM, 2001 Syllabus GREAT-WEST LIFE & ANNUITY INSURANCE CO. ET AL. v. KNUDSON ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 99-1786. Argued October 1, 200l-Decided January 8, 2002 When respondent Janette Knudson was injured in a car accident, the health plan (Plan) of petitioner Earth Systems, Inc., the employer of Janette's then-husband, respondent Eric Knudson, covered $411,157.11 of her medical expenses, most of which was paid by petitioner GreatWest Life & Annuity Insurance Co. The Plan's reimbursement provision gives it the right to recover from a beneficiary any payment for benefits paid by the Plan that the beneficiary is entitled to recover from a third party. A separate agreement assigns Great-West the Plan's rights to any reimbursement provision claim. Mter the Knudsons filed a state-court tort action to recover from the manufacturer of their car and others...
Tag this Judgment!Court : Mumbai
Decided on : Jan-08-2002
Reported in : AIR2002Bom258; 2002(3)BomCR29; (2002)2BOMLR564; 2002(2)MhLj590
1. This Court while adjourning the matter on 12thDecember, 2001, had adjourned it with notice to theparties that the matter on the adjourned date would beheard both on admission and final hearing. In the lightof that, Rule. Heard forthwith. 2. Petitioners, M/s. Down Mangor ValleyResidents Welfare Association, are registered under theSocieties Registration Act. One of its aims andobjectives is to provide for a childrens park/garden inthe open space identified as Plot C of property known asBabquiadi surveyed under Survey No.59, P.T. SheetNo.150, Mangor Hill, Vasco da Gama. The petitioner no.2is the Joint Secretary of petitioner no.1. The Presidentand the Joint Secretary have been duly authorised by aResolution of petitioner no.1 to file the presentpetition. A few facts which are relevant for the purposeof disposal of this petition may now be set out. LateBruno Lizardo Fernandes was the owner of the propertywhich is the subject-matter of the present petition. Thesaid owner had applied to ...
Tag this Judgment!Court : Allahabad
Decided on : Jan-08-2002
Reported in : (2002)1UPLBEC313
K.T. Thomas, J. 1. We are sad that the disciplinary committee of the Bar Council of India (for short 'the disciplinary committee') despite being the acru statutory body entrusted with the upkeep of the probity of legal profession in India opted to treat a very grave professional misconduct in a comparatively lighter vein. The disciplinary committee held an advocate guilty of breach of trust for misappropriating the asset of a 'poor' client. But having held so, the disciplinary committee has chosen to impose a punishment of suspending the advocate from practice for a period of three years.2. The delinquent advocate filed this appeal under Section 38 of the Advocates Act, 1961 (for short 'the Act'). We told him that in the event of this Court upholding the finding of misconduct, he should show cause why the punishment shall not be enhanced to remove his name from the roll of the Bar Council of the State concerned. Notice on that aspect has been accepted by Mr. M. M. Kashyap, learned Coun...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-08-2002
Reported in : AIR2002SC548; 2002(2)ALT10(SC); (2002)1CALLT16(SC); (2002)2CompLJ264(SC); [2002(1)JCR397(SC)]; JT2002(1)SC1; (2002)1MLJ139(SC); RLW2002(1)SC161; 2002(1)SCALE43; (2002)2SCC6
1. We are sad that the disciplinary committee of the Bar Council of India (for short 'the disciplinary committee') despite being the acru statutory body entrusted with the upkeep of the probity of legal profession in India opted to treat a very grave professional misconduct in a comparatively lighter vein. The disciplinary committee held an advocate guilty of breach of trust for misappropriating the asset of a "poor" client. But having held so, the disciplinary committee has chosen to impose a punishment of suspending the advocate from practice for a period of three years.2. The delinquent advocate filed this appeal under Section 38 of the Advocates Act, 1961 (for short 'the Act'). We told him that in the event of this Court upholding the finding of misconduct, he should show cause why the punishment shall not be enhanced to remove his name from the roll of the Bar Council of the State concerned. Notice on that aspect has been accepted by Mr. M. M. Kashyap, learned Counsel for the appe...
Tag this Judgment!Court : Delhi
Decided on : Jan-04-2002
Reported in : 2002IIIAD(Delhi)433; 96(2002)DLT217; 2002(62)DRJ16
S.K. Agarwal, J.1. This petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') is directed against the order dated 21st March, 1998 passed by the Additional Sessions Judge, Delhi, dismissing the revision petition of the petitioner against the order dated 13th July, 1995, passed by the Court of Metropolitan Magistrate, dismissing application moved by the Commanding Officer under Section 80 of the Border Security Force Act, 1968 (for short, 'BSF Act') read with BSF Courts (Adjustment of Jurisdiction) Rules, 1969 (hereinafter referred to as the 'Rules') framed by Central Government under Section 475 Cr.P.C., for stay of proceedings against the accused Subhash Chander H.C. in case FIR No. 31/93, under Section 279/337 IPC, P.S. Vinay Nagar and for transfer of same to them.2. Prosecution allegations in brief are that on 14th January, 1993 at about 5:45 P.M. accused Subhash Chander while driving BSF truck No. PCU 4842 rashly and negligently, hit motorcycle N...
Tag this Judgment!Court : Delhi
Decided on : Jan-10-2002
Reported in : 2002IIAD(Delhi)149; AIR2002Delhi255; 2002(1)ARBLR610(Delhi); 96(2002)DLT515
J.D. Kapoor, J.1. This is an International Award. It was made and published on 24th September, 1997. By virtue of the award, the plaintiffs Thyssen Stahlunion GmbH (in short 'ISU') are entitled to the following sums:- 'a) US $ 2,184,079.91 being the damages awarded to the plaintiffs for the first and the second lot. b) US $ 424,813.85 being the interest awarded for the two lots till the date of the award.c) US # 500,000 being legal costs awarded under the award. d) USD 50,000 being costs of the arbitration awarded under the award. e) For the interest at the same rate as in the award from the date of the award till realization.' 2. Defendant - Steel Authority of India Limited (in short SAIL) has assailed the award almost in entirety. 3. Disputes between the parties arose out of two contracts, one of which was admittedly a concluded contract against which supplies were made. It is dated 4.3.1994 which was subsequently amended on 12.5.1994 (hereinafter referred as 'amendment'). Another is...
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