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Judgment Search Results Home > Cases Phrase: mediation Sorted by: old Court: delhi Year: 2003 Page 8 of about 266 results (0.036 seconds)

Mar 24 2003 (HC)

Commissioner of Police and ors. Vs. Om Kumar and ors.

Court : Delhi

Decided on : Mar-24-2003

Reported in : 2004(73)DRJ172; 2004(3)SLJ272(Delhi)

d.k. jain, j. 1. in this writ petition by the union of india a challenge is laid to the order passed by the central administrative tribunal, principal bench, new delhi (for short the tribunal) on 22 april 2002 in oa no.1978/2001. by the impugned order, the tribunal has allowed the applications filed by the respondents and has directed the commissioner of police to release back wages to the respondents within a period of two months from the date of receipt of the said order.2. the applicants before the tribunal had earlier filed three separate applications challenging the orders of punishment awarded to them on the basis of the departmental inquiries. the said applications were allowed by the tribunal quashing the orders of punishment. while doing so, the tribunal had directed the department to accord consequential benefits to the applicants.3. in compliance of the said orders the department passed order dated 2 march 2001, allowing all the consequential benefits except the back wages for the period of suspension of all the three respondents. these orders were challenged before the tribunal, which resulted in the passing of the impugned order.4. assailing the order passed by the tribunal, mr.george paracken, learned counsel for the petitioners submits that the discretion to pay or not to pay the back wages for the period an employee remains suspended vests with the employer and, thereforee, the tribunal was not justified in interfering with the discretion exercised by the .....

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Mar 26 2003 (HC)

P.E.S. Installation Pvt. Ltd. Vs. the Chief Engineer (Civil), Pwd/Circ ...

Court : Delhi

Decided on : Mar-26-2003

Reported in : 2003IIIAD(Delhi)121; 103(2003)DLT813

madan b. lokur, j.1. the petitioner is a company registered under the provisions of the companies act and is said to be in the business of supplying medical equipments. respondents no. 1 and 2 are officers of the delhi government and respondent no. 3 is a hospital under the delhi government. respondent no. 4 is also a company registered under the provisions of the companies act. according to respondent no. 4, it is carrying on the business of supply of medical gases pipeline systems.2. respondents no. 1 to 3 issued a pre-qualification notice in the daily newspapers on 20th july 2001. as per the notice, respondent no. 2 invited applications for pre-qualification of firms for the issue of tenders on behalf of the president of india from approved and eligible contractors of cpwd and those on the appropriate list of pwd and mes and specialized firms dealing in the supply, installation, testing and commissioning of medical gases systems. the work for which the notice was issued was for the supply, installation, testing and commissioning of medical gases systems in respondent no. 3 hospital. the last date for receipt of applications was 10th august 2001 and the time for completion of the project was six months. subsequently, the last date for the receipt of applications was extended to 31st august 2001.3. the pre-qualification notice required the intending tenderers to satisfy three principal conditions. these were: --'1. they should have successfully carried out two works for .....

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Mar 26 2003 (TRI)

S.V. Electricals Ltd. Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : Mar-26-2003

Reported in : (2003)(155)ELT534TriDel

1. we have been called upon to decide on an issue referred by the northern bench (s) of this tribunal in view of conflicting decisions on the issue by two member benches. the issue is whether a plain molybdenum wire used in the manufacture of tungsten filament falling under heading 85.39 of the central excise tariff schedule is an input eligible for modvat credit under rule 57a of the erstwhile central excise rules, 1944 for the period december, 1996 to july, 1997.2. the appellants were engaged in the manufacture of electric filaments viz. tungsten filaments falling under the above tariff heading, during the above period of dispute. they used molybdenum wire in the manufacture of tungsten filament in the following manner :- tungsten wire of the required size was wound tightly around a molybdenum wire of predetermined size on a primary coiling machine with the pitch requisitely adjusted. the coil so produced on the primary coiling machine was called primary coil. the primary coil was then converted into a secondary coil by coiling the primary coil around another thick molybdenum wire. the molybdenum wires were then removed by treatment of the coil system with an acid mixture in which the molybdenum wires dissolved leaving behind the coiled tungsten filament which was ready for use in a lighting system.3. the appellants took modvat credit on molybdenum wire as input under rule 57a of the central excise rules, 1944 to the extent of rs. 2,88,355/- during december, 1996 to march, .....

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Mar 26 2003 (HC)

Shivani Synthetics Ltd. and ors. Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Mar-26-2003

Reported in : 2004(186)ELT21(Del)

d.k. jain, j. 1. an order dated 21 january 2003 passed by the customs, excise and gold (control) appellate tribunal, new delhi (for short the tribunal) under section 35f of the central excise act, 1944 (for short the act), directing petitioner no.1 herein, viz., shivani synthetics ltd. to deposit a sum of rs.20 lacs within a period of 8 weeks from the date of the order as a pre-condition for entertainment of the four appeals filed by the present petitioners, is under challenge in this writ petition. 2. briefly stated the background facts, giving rise to the petition are: the first petitioner is engaged in the manufacture of polyester yarn. the officers of the directorate general of anti evasion visited the office of the said petitioner and one m/s.haryana petro chemicals ltd., petitioner no.2 herein, and seized bill discounting documents . the said bills of discounting were allegedly in the name of one m/s.globe synthetics ltd and petitioner no.1. it was alleged that petitioner no.1 had clandestinely removed polyester yarn from its premises, valued at rs.2,06,41,358/- without payment of duty under these bill discounting documents during the period from september 1994 to april 1995. after obtaining reply to the show cause notices, the commissioner of central excise, new delhi confirmed the duty demand of rs.1,35,44,614/- against petitioner no.1. in addition thereto a penalty of rs.1 crore was also imposed on them. a penalty of rs.50 lacs was imposed on petitioner no.2 and .....

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Mar 27 2003 (HC)

Ravi Kumar Vs. State

Court : Delhi

Decided on : Mar-27-2003

Reported in : 2003VIAD(Delhi)647; 107(2003)DLT285; 2003(70)DRJ684; 2003(3)JCC1495

h.r. malhotra, j. 1. the appellant, vide judgment dated 30th july, 1997 was convicted for commission of an offence punishable under section 302 and also under section 324 of the ipc and consequently sentenced to suffer life imprisonment besides a fine of rs.2,000/- with default clause of six months imprisonment. the appellant was further sentenced to imprisonment of six months for commission of offence under section 324 of the ipc. order on the points of sentence was made on 31st july, 1997. 2. the appellant has assailed both, the conviction and the sentence by way of preferring the instant appeal 3. facts as set out in the police report sent under the provision of section 173 cr.p.c. are that on 5th january, 1995 vikram since deceased and jaspal singh were going from baba colony from the side of 25 foota road at about 7.20 p.m. when the appellant met them on the way. all the three then went towards street near worship public school. while they were talking to each other, jaspal singh confronted the appellant as to why he gave beating to monu earlier in the day and warned him not to behave in that manner again on which the appellant accosted jaspal singh saying him in derogatory manner as to whether he was the 'mama' of monu and simultaneously, the appellant gave fist blows to jaspal singh. jaspal singh also retaliated by inflicting fist blows to the appellant. on this the appellant took out a knife from the pocket of his trouser and assaulted jaspal singh and hit him on the .....

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Mar 27 2003 (HC)

Dr. Anup Kumar Srivastava Vs. State

Court : Delhi

Decided on : Mar-27-2003

Reported in : 2003IIIAD(Delhi)129; 104(2003)DLT393; 2003(68)DRJ247

r.c. chopra, j. 1. this petition under section 482 of the code of criminal procedure (hereinafter referred to as 'the code' only) seeks quashing of the fir registered vide rc no. 56(a) of 96 dated 9th july, 1996 under section 120-b and 109 ipc read with section 9 of the prevention of corruption act, 1988 (hereinafter referred to as 'the act' only). it is also prayed that the report under section 173 of the code and the cognizance taken by the court of learned special judge, delhi in pursuance thereof may also be quashed. 2. the facts relevant for the disposal of this petition, briefly stated are, that the respondent-cbi received a source information that the accused mentioned in column no. 1 had entered into a conspiracy during the period december, 1993 to may, 1994 to obtain illegal gratification for a public servant for providing noc to m/s. jagjiwan co-operative house building society limited to start building activity. it was alleged that in pursuance of the said criminal conspiracy, the petitioner herein and his co-accused s.m. batra, who was working as osd to a former governor of haryana, induced the office bearers of the said society to pay rs. 30 lacs to accused ratan kaul, son-in-law of smt. sheela kaul, the then minister for urban development in government of india. it was also alleged that the office bearers of the aforesaid society, were taken to the residence of smt. sheela kaul by the present petitioner and s.m. batra where hawa singh, co-accused, handed over a .....

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Mar 28 2003 (TRI)

S.V. Electricals Ltd. Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : Mar-28-2003

1. we have been called upon to decide on an issue referred by the northern bench (s) of this tribunal in view of conflicting decisions on the issue by two member benches. the issue is whether a plain molybdenum wire used in the manufacture of tungsten filament falling under heading 85.39 of the central excise tariff schedule is an input eligible for modvat credit under rule 57a of the erstwhile central excise rules, 1944 for the period december 1996 to july 1997.2. the appellants were engaged in the manufacture of electric filaments viz. tungsten filaments falling under the above tariff heading, during the above period of dispute. they used molybdenum wire in the manufacture of tungsten filament in the following manner:- tungsten wire of the required size was wound tightly around a molybdenum wire of pre-determined size on a primary coiling machine with the pitch requisitely adjusted. the coil so produced on the primary coiling machine was called primary coil. the primary coil was then converted into a secondary coil by coiling the primary coil around another thick molybdenum wire. the molybdenum wires were then removed by treatment of the coil system with an acid mixture in which the molybdenum wires dissolved leaving behind the coiled tungsten filament which was ready for use in a lighting system.3. the appellants took modvat credit on molybdenum wire as input under rule 57a of the central excise rules, 1944 to the extent of rs. 2,88,355 during december, 1996 to march, .....

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Mar 31 2003 (HC)

Smt. Chhoti Devi Vs. the Financial Commissioner and ors.

Court : Delhi

Decided on : Mar-31-2003

Reported in : 2003IIIAD(Delhi)722; 104(2003)DLT635; 2003(68)DRJ387

a.k. sikri, j.1. the petitioner herein was married to shri sardar singh. the petitioner is issueless. her husband shri sardar singh, when this marriage with petitioner was still subsisting, married to one smt. gindori, widow of shri mange. shri mange was real brother of shri sardar singh. out of this marriage between shri sardar singh and smt.gindori, three children were born, viz., respondents 3 and 4 as well as father of respondents 5 and 6 late shri ranbir singh. shri sardar singh died in the year 1979. he was bhumidar of the land in dispute bearing khasra no.132 (2-2), 79 (0-6), 6/15 (0-11) and 16 min. (0-9) comprised in khata no.144 situated at village bamnoli, delhi (hereinafter referred to as the `suit land'). on the death of shri sardar singh, suit land was mutated in the name of the petitioner and three children of late sardar singh, namely, respondents 3, 4 and shri ranbir singh in equal shares vide mutation order dated 19.10.79 passed by naib tehsildar (palam). proceedings recorded while passing this mutation order are as under:'proceedings are complete in the file. proclamation after issuance and pasting is in the file. no objection has yet been filed. shri balwan singh identified by shri ranbir singh pardhan gram sabha of village bamnoli is present. they have made statements which are in the file. certificate of death has been perused, the photocopy of which is placed on the file. three sons of the deceased are the heirs but these heirs in the presence of pardhan .....

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Mar 31 2003 (HC)

Rani Pushpa Kumari Devi (Deceased Through Lr) Vs. the Embassy of Syria ...

Court : Delhi

Decided on : Mar-31-2003

Reported in : 2003IIIAD(Delhi)216; 104(2003)DLT682; 2003(71)DRJ482A

b.n. chaturvedi, j. 1. this suit for possession and recovery of damages for use and occupation of the premises no. 15, palam marg, vasant vihar, new delhi was filed by rani pushpa kumari devi, wife of late dr. nagendra singh, claiming herself as owner-landlady of the aforesaid premises. the suit property was let out to the defendant under two separate lease agreements executed on 31st of december, 1985. one agreement pertaining to the entire suit property was executed between late dr. nagendra singh as karta of huf, smt. indira kumari, smt. sarla kumari, both daughters of late yadvendra singh, and raj singh s/o shri luxman singhjee of dungarpur on one hand and the defendant, the embassy of syrian arab republic on the other. the other lease agreement was entered into in respect of ground floor, a servant quarter, one motor garage, lawns and garden between mrs. indira kumari and mrs. sarla kumari, both daughters of late yadvendra singh and shri raj singh s/o shri laxman singhjee of dungarpur, of the one part and the embassy of syrian arab republic of the other part. 2. after the death of dr. nagendra singh on 11th december, 1988 at hague sometime in the month of october, 1989, his wife rani pushpa kumari devi was allegedly attorney as landlady of the entire premises. the defendant started paying rent to her @ rs. 14,000/- per month and continued to do so up to the month of december, 1990. 3. during his lifetime, on 2nd january, 1983, dr. nagendra singh had served a notice on .....

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Mar 31 2003 (HC)

Commissioner of Income Tax Vs. A.R.J. Security Printers

Court : Delhi

Decided on : Mar-31-2003

Reported in : (2003)183CTR(Del)323; [2003]264ITR276(Delhi)

d.k. jain, j. 1. these three appeals, by the revenue, under section 260a of the it act, 1961 (for short 'the act') are directed against the orders passed by the tribunal, new delhi (for short 'the tribunal), in ita nos. 2062/del/1996, 3676 & 3122/del/1997 and 3157/del/1999, pertaining the asst. yrs. 1991-92, 1993-94, 1994-95 and 1996-97, respectively.since a common issue is involved in all the three appeals, these are being disposed of by this order.2. the issue involved in the appeals is as to whether the assessed, engaged in the business of printing of lottery tickets, can be said to be an industrial undertaking engaged in the manufacture or production of articles or things and, thereforee, entitled to deduction under section 80-i of the act.3. incidentally, in none of the assessment orders or in the order of the tribunal we find any discussion on the issue. the aos merely note that the claim preferred by the assessed under section 80-i cannot be allowed because similar relief has been denied to them in respect of asst. yrs. 1991-92 and 1992-93. similarly, both the appellate authorities, while holding that the assessed was entitled to deduction under the said section, have relied on their earlier orders, particularly in respect of asst, yr. 1992-93.4. we have heard mr. sanjiv khanna, learned senior standing counsel for the revenue, and mr. b. gupta, learned counsel for the respondent.5. upon questioning by the court, mr. khanna has candidly admitted that tribunal's order .....

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