Delhi Court December 1988 Judgments
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Radha Construction Company Vs. New Delhi Municipal Committee
Court: Delhi
Decided on: Dec-19-1988
Reported in: 1989(1)ARBLR331(Delhi); 38(1989)DLT36
C.L. Chandhry, J.(1) M/S. Radha Construction Company filed this petition under Section 20 read with Section 8 of the Arbitration Act seeking direction to the respondent to file arbitration agreement in court and for reference of disputes for arbitration. The case of the petitioner is that they are building contractors. The Ndmc invited tenders for the following work: Construction of underground tank and boosting arrangement in Sarojni Nagar (Phase II) Sb : Construction of 4.5 Lakhs Gallon Capacity Under-ground Tank and Pump House. (2) The petitioner submitted a tender which was accepted by the Committee and acceptance was conveyed vide letter dated 4.3:82. The accepted value of the tender was Rs. 9,06,842.00 . The work was to be completed within eight months from 9.4.82. The petitioner could not start the work as the Committee did not hand over the land during the contracted period. By letter dated 18.9.82 the Committee was requested to hand over the site but no reply was received. The...
N.C. Singhal Vs. Union of India
Court: Delhi
Decided on: Dec-19-1988
Reported in: ILR1988Delhi599
D.P. Wadhwa, J.(1) This appeal by the plaintiff is against an order of the sub-judge, 1st class, returning his plaint fix presentation to a proper court, which would mean the Central Administrative Tribunal (for short 'the Tribunal'). (2) The plaintiff on 19-9-86 instituted a suit against the respondent-defendant. Union of India, through the Secretary Ministry' of Health and Family Welfare, for recovery of Rs. 25,0001- because of certain tortious act of the defendant. On that account he alleged mental torture, loss of reputation- loss suffered by him on being lowered in the estimation of his colleagues and the loss suffered by him in defending certain disciplinary proceedings. The plaintiff had, in fact. assesses his damages at Rs. 1,00,000.00 but claimed only Rs 25,000.00 Plaintiff said he was an eve surgeon of renown and retired from Government service on 31-10-80. Re was to be paid his retirement benefits in the first week of November, 1980, but these were paid only on 29-10-81, The...
Lachhman Singh Vs. Mahinder Singh and ors.
Court: Delhi
Decided on: Dec-19-1988
Reported in: 37(1989)DLT241
H.C. Goel, J.(1) -THE petition under Section 397 read with Sec, 482 of the Code of Criminal Procedure is directed against the impugned order dated 242 May 13, 1987 passed by Sh. Bharat Bhusban. Addl. Chief Metropolitan Magistrate, New Delhi dismissing the complaint of the complainant Shri Lachhman Singh. Inspector filed by him for the Central Excise & Customs, being an Inspector of that department for the offence under Sec. 135(1)(a) of the Customs Act 1962 and Section 5 of the Imports and Exports (Control) Act, 1947 for the three accused respondents being concerned in an attempt at fraudulent evasion of duty payable on the goods valued at Rs. 15,07.600.00 . The three accused-respondents were summoned by the Additional Chief Metropolitan Magistrate to appear before him for the aforesaid offences for January 23, 1985. All the three accused put in appearance. The petitioner was exempted from personal appearance and he was allowed to appear through his counsel, Shri Satish Aggarwal Advoca...
NaraIn Singh Vs. State
Court: Delhi
Decided on: Dec-19-1988
Reported in: 37(1989)DLT268
Bahri, J.(1) Shri Jaspal Singh, Additional Sessions Judge, Delhi had convicted appellant vide his order dated January 28, 1988 for an offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act 1985 and vide his subsequent order dated January 29, 1988 he has sentenced him to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000. The 'appellant was found to be in possession of 300 Grams of opium on January 29, 1987 at 6 P.M. at Sanjay Nagar Market railway line within the jurisdiction of Police Station Subzi Mandi. The appellant has sent this appeal from jail and had expressed his inability to make the services of any counsel, so I appointed Shri Sanjay Suri, Advocate as amices curiae. I have heard the arguments and had gone through the file and find that there is no merit in this appeal. (2) The prosecution case in brief is that on January 29, 1987. S.I Surinder Kumar who was posted as in charge Police Post Culabi Bagh and while he wa...
Mohd. Idris Khan Vs. State
Court: Delhi
Decided on: Dec-19-1988
Reported in: 37(1989)DLT327
P.K. Bahri, J.(1) This appeal has been filed from Jail against appellant's conviction for an offence punishable under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') and sentence of rigorous imprisonment for a period of ten years and fine of Rs. 1,00,000 (one lakh) by Shri. R. L. Gupta, Additional Sessions Judge. Delhi, vide his orders dated August 12 & 14, 1987, respectively. (2) On the face of it, the appeal is barred by time. The limitation prescribed for filing an appeal is admittedly 60 days but the appeal is filed belatedly by 27 days. There is no prayer made for condensation of delay. The appeal is, thus, liable to be dismissed as being time barred. However, I have also heard Ms. Avnish Ahlawat, Advocate, who acted as amices Curiae for the appellant and Ms. Usha Kumar for the State and have gone through the file and find that there is no merit also in the appeal. (3) The prosecution case, in brief, is that on April 16, 1986. Pw 3 Ins...
Girender Singh Vs. State
Court: Delhi
Decided on: Dec-19-1988
Reported in: ILR1988Delhi291
Bahri, J.(1) Appellant who has been convicted for an offence punishable under Section 18 of the Narcotic Drug's and Psychotropic Substances Act, 1985 vide order dated July 6, 1988 and has been sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1,00,000 vide order dated July 7, 1988 by an Additional Sessions Judge, Delhi has come up in appeal. Appellant has filed this appeal through Superintendent, Jail. He was not in a position to engage the services of any counsel, so Mrs. Usha Kumar, Advocate was appointed as amices curiae to represent the appellant and she had advanced the arguments in this appeal. The appeal is barred 36 days. No application has been moved by the appellant seeking condensation of delay. However, I would decide the appeal on merits. (2) The appellant was apprehended on May 29, 1987 at about 6.30 P.M. outside the entrance gate of Bus Terminal Azadpur, Delhi while he was in possession of I Kg. Opium. On the said date, S.I. Kal...
Kailash Singh Vs. State (Delhi Administration)
Court: Delhi
Decided on: Dec-19-1988
Reported in: 37(1989)DLT145
P.K. Babri, J.(1) The appellant, who has been convicted for an offence punishable under Section 21 of Narcotic Drugs and Psychotropic Substances Act (for short 'NDPS Act') vide judgment dated March 18, 1987 and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. l,00,000.00 (one lakh) vide subsequent order of the same date by an Additional Sessions Judge, Delhi, has filed this appeal from jail. The appellant was not in a position to engage any counsel and thus, Ms. Pinki Anand, Advocate, was appointed as amices Curiae to argue the case on behalf of the appellant. (2) The appeal was apparently barred by limitation but vide order dated August 31, 1987, Malik Sharief-Ud-Din, J. has condoned the delay. (3) The prosecution case, in brief, is that on February 14, 1986, at about 3.30 P.M. at Bus Stand, East Patel Nagar. PW4 Inspector Satendra Nath Along with Asi Umed Singh and Head Constables Radhey Sham and Attar Singh, had apprehended the appellant w...
Baldev Singh Vs. State
Court: Delhi
Decided on: Dec-19-1988
Reported in: 37(1989)DLT147; 1989(22)LC495(Delhi)
P.K. Bahri, J.(1) This appeal has been brought against a judgment dated July 18, 1987 of Shri R. C. Jain, Additional Sessions Judge by which he convicted the appellant for an offence 4 under Section 21 of the N.D.P.S.Act and subsequent order dated October 21, 1987 sentencing the appellant to undergo rigorous imprisonment for 12 years and to pay a fine of Rs. one lakh and in default of payment of fine to further undergo imprisonment for two years. (2) The facts of the case in brief are that on April 15, 1986 at about 8.30 P.M. a police party led by Inspector Dharampal Singh was present at the Regal Building, Connaught Place, New Delhi on routine patrolling duty, that a secret information was received that two persons would be coming at Plaza Bus Stop and would be in possession of charas. The raiding party was formed by joining one public witness Shankar Lal and on pointing out by the secret informer the appellant and one Bhupinder Singh were apprehended and on the personal search of the...
Tirupati Cigarettes (P) Ltd. Vs. Collector of C.E.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Dec-16-1988
Reported in: (1989)(21)LC323Tri(Delhi)
1. Facts in brief are as follow :-Consequent to revision of duty structure on cigarettes in 1987, the appellants felt that a certain brand of theirs (Golden Flair FTK 106) could not stand the highly competitive market and its manufacture was stopped. Stock of 4428 million cigarettes were lying in stock. They got this brand cancelled from Director (Audit), the authority competent to approve brands of cigarettes. Later they filed, in the first instance, on 3.8.87 with the Collector Central Excise (the respondent herein) an application to seek permission to rip open the cigarettes and reuse the tobacco for a different brand of cigarettes. They had reminded the Collector vide their letters 7.10.87 & 1.2.88 to give his approval expeditiously. The appellants claim that the Collector had been duly apprised of the deteriorating condition of the cigarettes and the perishable nature of the commodity. Since no approval came, the appellants allege, they applied on 23.4.88 for destruction of t...
Soofi Abdul Mazid and ors. Vs. State
Court: Delhi
Decided on: Dec-16-1988
Reported in: 1989(16)DRJ249
Charanjit Talwar, J. (1) These two appeals arise out of a common judgment.(2) Criminal Appeal No. 117 of 1985 has been filed by the following. appellants : 1. Soofi Abdul Mazid. 2. Mohd. Rafiq. 3. Mohd. Moin Feroz Siddiqui. 4. Khursheed Hassan. 5. Zamil Ahmed. 6. Anwar Ahmed. 7. Afroz Hassan. 8. Nabi Ahmed.(3) Criminal Appeal No. 145 of 1985 has been filed by Shahid Hassan, who was a co-accused with the above-named. Along with the above nine accused, one Feroz Hassan was also tried for offences punishable under Sections 147 and 302 read with Section 149 of the Indian Penal Code. All of them have been convicted for these offences. (4) The appellants were also charged for the commission of an offence punishable under Section 307 read with Section 149 of the Indian Penal Code. However, they have been acquitted of that charge. (5) Further, three of them, namely Feroz Hassan, Nabi Ahmed and Anwar Ahmed, who were alleged to be armed with deadly weapons at the time of the assault, have been f...
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