Delhi Court May 1987 Judgments
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R.K. Aneja Vs. Nagendra Singh
Court: Delhi
Decided on: May-04-1987
Reported in: 32(1987)DLT259; 1987(13)DRJ289
N.N. Goswamy, J. (1) This revision petition by the defendant is directed against the order dated 23-8-1982 passed by the learned trial Judge whereby his application under Order 37 Rule 3(5) of the Civil Procedure Code ., for leave to defend was, dismissed. (2) The respondent-plaintiff filed a suit for recovery of rent against the petitioner. The suit was filed under Order 37 Civil Procedure Code . The petitioner filed an application for leave to defend on the ground that the original agreement between the parties came to an end in June, 1978 and in place thereof a new and fresh agreement was entered into between the parties. It was pleaded that according to the new agreement some structural job was to be done in the accommodation which was got done at the expense of the petitioner, and thereby the petitioner incurred a total expense of Rs. 8075. This amount was to be deducted from the rent payable to the respondent and as such the respondent was not entitled to amount claimed. On consi...
Jagdish Prasad Sharma Vs. Sangeeta Sharma
Court: Delhi
Decided on: May-04-1987
Reported in: 1987(2)Crimes477; 1988(14)DRJ1
M.K. Chawla, J. (1) Shri Jagdish Prasad Sharma and his wife Smt. Sangeeta Sharma got married on 13-2-1985 according to Hindu rites. The couple fell out after a few months of their marriage. The respondent wife started living with her parents. On 10-10-85. she filed an application under Section 125 of the Code of Criminal Procedure for the grant of maintenance. Along with the maintenance petition, she also filed an application for ad interim maintenance claiming a sum of Rs. 300-Rs. 400 per mensem during the pendency of the main petition. In the application, she alleged that for the last few months, she has been living separately from her husband. She is unemployed and has no other source of income. Her husband is employed in Pure Drinks Ltd. and is earning between Rs. 1500 to Rs. 2000 per mensern. He has not offered or sent any maintenance since the day she is living separately.(2) The husband controverter the allegations and stated that she is not entitled to any maintenance because s...
Narayan Singh and Company Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: May-01-1987
Reported in: (1989)(42)ELT60aTriDel
1. Narayan Singh & Company had filed three Revision Applications on behalf of M/s. National Engineering Industries Ltd., Jaipur to the Joint Secretary, Ministry of Finance, Deptt. of Revenue, New Delhi being aggrieved from the orders passed by Collector of Customs (Appeals), Bombay. The said Revision Applications stand transferred to the Tribunal in terms of the provisions of Section 131B of the Customs Act, 1962 to be disposed of as appeals.2. Briefly the facts of the case are that the appellants had imported heating elements (spares for Hearth Furnace) vide Bill of Entry Nos.2685/27, dated 28-8-1989, HD 2088, dated 29-12-1979 and HD 1284, dated 18-7-1980. The Revenue had assessed the same under Heading 85.12 and the appellants had claimed its re-assessment under Heading 85.11(1).The Learned Assistant Collector had rejected the claim of the appellants on the ground that the goods Electric Heading Resistors were correctly classified under Heading 85.12 of CTA 75. Being aggrieved f...
Prem Sheel Malhan Vs. Municipal Corporation of Delhi
Court: Delhi
Decided on: May-01-1987
Reported in: 32(1987)DLT175
Sunanda Bhandare, J.(1) This petition under Article 227 of the Constitution of India, is directed against the Judgment of the District Judge, Delhi, dated 22/03/1973 in House Tax Appeal No. 142/73, whereby the annualrateable value for the assessment years 1969-70 in respect of property bearing Municipal No. 16/10677-4/42 W.E.A. Karolbagh, New Delhi was enhanced and was fixed at Rs. 8300.00. The property in question was assessed at therateable value of Rs. 3830.00 for the year 1961 to 1969. However, for the assessment years 1969-70, the respondent Municipal Corporation of Delhi enhanced the rateable value of the property to Rs. 8300.00 on the ground that the contractual rent for the premises in question was Rs. 300.00 per month. c challenged the assessment before the District Judge by way of an appeal under Section 169 of the Delhi Municipal Corporation Act 1957 and theDistrict Judge after hearing the petitioner, came to the conclusion that the contractual rent of the property was not R...
P.B. Raman Vs. Director of Estates
Court: Delhi
Decided on: May-01-1987
Reported in: 32(1987)DLT367
S. Ranganathan, J.(1) The petitioner is working as a daftri in the RailwayBoard, New Delhi. In September, 1984 he was given an out of turn allotment of quarters bearing No. 46-WC in the Pusa Complex, New Delhi. The petitioner took possession of the premises on 9-10-1984, but states that, on account of certain personal difficulties, he did not occupy the premises or even obtaine delectricity and water connections in respect thereof, but instead applied to the Administration for change of accommodation. This application was pending.ID the meantime, on 5-6-1985, he received a notice from the Deputy Director of Estates that 'as a result of the enquiry, it had been reported that the petitioner had given the quarters in question to certain unauthorised persons on(Para 10)rent'. He was, thereforee, called upon to show cause as to why he should not be asked to vacate the quarters, made ineligible for further government accommodation for a period of three years and why certain other penal order...
L.C. Bawa Vs. V.K. Kapoor and anr.
Court: Delhi
Decided on: May-01-1987
Reported in: 32(1987)DLT184; 1987LabIC1878
Jadish Chandra, J.(1) Rule D. B. (2) The petitioner L.C. Bawa was holding the post of Assistant Engineer (Civil) as on 21-2-1986 on which date the impugned order directing his premature compulsory retirement under Fundamental Rule 56(j) was passed by the respondents. At the time of the impugned order the petitioner bad already attained the age of 50 years. (3) Fundamental Rule 560) provides :__ Notwithstanding anything contained in this rule, the appropriate authority shall, if it is of the opinion that it is in the public interest so to do, have the absolute right to retire any Government servant by giving him notice of not less than three months in writing or three months' pay and allowances in lieu of such notice; (I)if he is in Group A or Group B service or post in a substantive, quasi permanent or temporary capacity, or in a Group C post or service in a substantive capacity, but officiating in a Group A or Group B post or service and had entered Government service before attaining...
Waryam Kaur Vs. K.K. Gandhi
Court: Delhi
Decided on: May-01-1987
Reported in: AIR1988Delhi198; 32(1987)DLT293
Mahinder Narain, J. (1) This revision is directed against an order of Shri V.B. Gupta, Additional Rent Controller, Delhi, dated 28/05/1982,whereby he has, after trial, dismissed the application of the petitioner Smt.Waryam Kaur, the owner of the premises, under Section 14(l)(e) read with Section 25-B of the Delhi Rent Control Act, for eviction of the respondent. (2) The petition being under Section 25-B of the Delhi Rent ControlAct, leave had to be sought by the tenant before he could defend. This leave was granted, where after trial was held, and evidence of the parties recorded. (3) Among the members of the family of the petitioner/landlady who were examined, were Waryam Kaur, petitioner, as A.W.1, Amarpal Singh son of the petitioner as A.W.4, Gurbachan Singh, husband of the petitioner as A.W.6, Harcharan Singh, brother-in-law of the petitioner as A.W.8. From their evidence, as accepted by the Additional Rent Controller, it is clear that the members of the family of petitioner are: (...
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