Delhi Court September 1988 Judgments
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Ajit Singh and anr. Vs. Madan Jha, Delhi Co-operative Tribunal and ors ...
Court: Delhi
Decided on: Sep-23-1988
Reported in: [1989]66CompCas214(Delhi); ILR1988Delhi543; 1989RLR204
Bahri, J.(1) This writ petition under Articles 226 and 227 of the Constitution of India is directed against an order dated October 9, 1987 passed by respondent No, 1 and order dated August 11, 1987 passed by respondent No. 2 under the provisions of Delhi Cooperative Societies Act, 1972,(2) Facts, in brief, are that in the elections held to the Managing Committee of the Class Iv Employee Co-operative Group Housing Society Limited, respondent No. 4, was elected as a Member of the Managing Committee of the Society. These elections were held on September 4, 1983. The Managing Committe. appointed respondent No. 4 as Hony. Secretary of the Society. H!s son Shri Rakesh Gupta was appointed as Store-Keeper- cum-Supervisor. It is alleged that respondent No. 4 in collusion with his son committed certain embezzlement with regard to the cement belonging to the Society and the matter was reported to Police and Shri Rakesh Gupta was arrested. Respondent No. 4 later on his own offered to pay a sum of ...
Modi Gas and Chemicals Vs. Collector of C.E.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Sep-22-1988
Reported in: (1989)(19)ECC222
1. The appellants manufactured Hydrogen Gas. They supplied the gas in cylinders which belonged to the customers. The common point of dispute in these two appeals is whether the cost of cylinder can be included in the assessable value of the gas for the purpose of assessment of Central Excise duty. In the following judgments, which were relied on by the appellants during the hearing before us, it has been held that the cost of packing supplied free by the customers cannot be included in the assessable value of the Article contained therein :- (3) Following these judgments, the Larger Bench of this Tribunal held similarly in: (4) More specifically in the case of Gas cylinders, this Tribunal ruled similarly in :- 2. Recently, the Hon'ble Supreme Court has held in 1988 (36) ELT 730(SC)- Indian Oxygen Ltd. that rental charges for delayed retention of gas cylinders by customers cannot be included in the assessable value.3. The department relied on the earlier Supreme Court Judgment in Bomba...
Ramesh Singh Vs. State
Court: Delhi
Decided on: Sep-22-1988
Reported in: 1988(3)Crimes890; 36(1988)DLT291; 1989(19)DRJ229
(1) In the absence of evidence to show that the appellant had given any inducement allurement or threat which influenced the minor to leave her guardian's custody, the trial court was wrong in concluding that the offence of kidnapping was made out. The appellant was ordered to be released....
The Cooperative Store Limited Vs. K.S. Khurana and ors.
Court: Delhi
Decided on: Sep-22-1988
Reported in: 36(1988)DLT294; ILR1988Delhi153; (1989)ILLJ584Del
P.K. Bahri, J.(1) This writ petition has been brought under Articles 226 & 227 of the Constitution of India seeking quashment of order April 16, 1987, made by respondent No. 1. (2) The facts, in brief, are that the petitioner is running Super Bazars and respondents 2 to 67 are its workers. They were being paid wages on piece-rate basis for packing of various commodities being sold at various branches of Super Bazars owned by the petitioner. Respondents 2 to 67 had filed petitions under Section 33 C(2) of the Industrial Disputes Act (for short 'the Act') claiming payment of amounts alleged to be due to them on account of weekly holidays. These claim petitions were filed before the Labour Court under the Act. The claim petitions were opposed by the petitioner, inter alia, on the ground that the Labour Court had no jurisdiction to entertain the claims which allegedly arise under The provisions of Delhi Shops and C Establishments Act, 1954, and the claims are also not cognizable under Sect...
G. Lakshmanan Vs. Union of India and ors.
Court: Delhi
Decided on: Sep-22-1988
Reported in: 1989(16)DRJ39
Malik Sharief-ud-din, J. (1) The petitioner has challenged the validity of the detention order dated 24th of February, 1987 passed by the Government of Kerala under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The order was passed with a view to preventing him from smuggling gold. (2) This in turn was based on an event dated 14th May, 1986 and the petitioner pursuant to the detention order dated 24th of February, 1987 was actually taken into detention on 10th of June, 1987. (3) The validity of the detention order is challenged on a number of grounds but there is no need for me to go into the merits or otherwise of all the grounds. (4) The contention of Mr. Kochhar is that there has been a long and undue and unexplained delay in the consideration of his representation dated 3rd of July, 1987 which was made by him to the Government of Kerala. According to him the communication dated 24th July, 1987 was received by the detenu on...
Margaret T. Desor and ors. Vs. Worldwide Agencies Pvt. Ltd. and ors.
Court: Delhi
Decided on: Sep-21-1988
Reported in: [1989]66CompCas5(Delhi); ILR1988Delhi557
Mahinder Narain, J.(1) This order will dispose of a preliminary objection taken by respondent No. 2, Mrs. Amrit K. Singh, regarding the maintainability of the petition under Sections 397, 398 and 433 of the Companies Act, which has been filed by the petitioner Margaret T Desor and two others.(2) The petition relates to the affairs of M/s Worldwide Agencies Pvt. Ltd., which is carrying on business as travel agents at G-40 Connaught Circus, New Delhi. According to the information that is available from a certified copy of the annual returns of M/s. Worldwide Agencies Pvt. Ltd., as on 16th February, 1976, M/s. Worldwide Agencies Pvt. Ltd. had the following shareholders :- 1. S. Amrit Singh Saluja - 5 shares 2. S. Balwant Singh - 405 Shares 3. Mrs. Surinder Kaur Sdluja - 450 shares 4. Mr. Tarlochan Singh Saluja - - 5. Mr. Yash Pal Malhotra - 250 Shares 6. Mr. Surinder Kumar Desor - 550 shares 7. Mrs. Amri K. Singh - 350 Shares __________________ 2010 shares __________________The said annua...
Hamida Sultan Begum and anr. Vs. Jamia Tibbia and anr.
Court: Delhi
Decided on: Sep-21-1988
Reported in: AIR1989Delhi163; 36(1988)DLT397; 1989(16)DRJ172
Sananda Bhandare, J.(1) The petitioners are the owners of property bearing No. 1453 known as 'Mahal Sarai' situated at Gali Qasim Jan, Lal Kuan Bazar, Delhi which is in the walled city of Delhi and thus covered under the Slum Areas (Improvement & Clearance) Act, 1956 (hereinafter referred to as the Act). Respondent No. I-Jamia Tibbia which is a Society registered under the Societies Registration Act is a tenant in the said premises. Before filing an eviction petition under the Delhi Rent Control Act permission has to be obtained from the Competent Authority under Section 19 of the Act. The petitioners thus applied to the Competent Authority. The Competent Author (2) During the pendency of this petition. Miss Khujista Begum expired and by order dated 20th March, 1975 Miss Hamida Sultan and Miss Akhtar Ara Begum were allowed to continue the proceedings. (3) It was co ended by the learned counsel for the petitioners that respondent No. 1-Jamia Tibbia which has now changed its name to Hamd...
State (Delhi Administration) Vs. Tej Ram
Court: Delhi
Decided on: Sep-21-1988
Reported in: 36(1988)DLT280
Charanjit Talwar, J. (1) Tej Ram aged about 18 years was tried for having committed three offences; (1) for kidnapping Km. Vidyawati (under Section 366 of the Indian Penal Code) on April 8, 1987 at 11.00 a.m.;(2) for wrongfully confining her in his house No. E-214, J.J. Colony, Inder Puri.New Delhi from 11.00 a.m. to the evening of April 8, 1976. This charge was under Section 324 of the Indian Penal Code; and (3) for having committed rape (under Section 376 of the Indian Penal Code) on that minor girl aged 12 years on April 8, 1976 at about 11.00 a.m. (2) Vide the impugned judgment dated August 9, 1977 the learned Additional Sessions Judge, New Delhi acquitted Tej Ram of all the charges. It was held that the prosecution has completely failed to prove its allegation on any one of the counts. Instead the prosecution had established that the First Information Report about the missing of the prosecutrix was got recorded by her father Public Witness . 2, Shri Surjan Lal at 3.30 p.m. on Apri...
D.K. Sharma Vs. State
Court: Delhi
Decided on: Sep-20-1988
Reported in: 36(1988)DLT338
H.C. Goel, J.(1) This is a revision petition under Ss. 397/401 of the Code of Criminal Procedure directed against the impugned order of Shri R.L.Chugh, Chief Metropolitan Magistrate, Delhi dated January 21, 1988 by which he charged the petitioner for the offence punishable under S. 120-B read with S. 409 of the Indian Penal Code and also under S. 409 of the Indian Penal Code substantively. The prosecution case stated in brief is that D.K. Sharma accused petitioner who was employed as an Assistant Engineer with the Desu had entered into a conspiracy Along with his four co-accused, three of whom were also employees of the Desu to misappropriate electric cable lying in the store of the Desu at Lawrence Road, Delhi. This conspiracy is alleged to have been hatched some time in November, 1982. In pursuance of the conspiracy 1002 mtr, L.T. Pvc cable was removed by the accused persons from the said store on November 30, 1982 which was later on sold in the market and the proceeds thereof were d...
Mohd. Shakir Vs. State
Court: Delhi
Decided on: Sep-20-1988
Reported in: 36(1988)DLT228
H.C. Goel, J.(1) This is a petition under S. 482 Cr.P.C. directed against the order of the learned Metropolitan Magistrate by which he dismissed the application of the accused petitioner praying the trial court to summon constable Balwinder Singh, PW4, for his cross-examination as also the order of the learned Additional Sessions Judge, Delhi rejecting the revision petition of the petitioner filed against the said order of the learned Magistrate. The petitioner was standing trial in the court of Shri R.K. Yadav, Metropolitan Magistrate, Delhi under Sees. 341/332/353/379 IPC. On July 17, 1986 the examination-in-chief of constable Balwinder Singh, PW4, was recorded. On that day the counsel for the accused Mr. Ms. Siddiqui could not be present before the learned trial court at the hearing of the case. It is however, admitted that he had appeared before the learned Magistrate in the earlier hour of the day and had requested the learned Magistrate that he was busy in the High Court on that ...
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