Delhi Court February 1989 Judgments
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Prem Kumar Parmar Vs. State (Central Bureau of Investigation)
Court: Delhi
Decided on: Feb-23-1989
Reported in: 1990(2)Crimes384; ILR1989Delhi15; 1989RLR131
P.K. Bahri, J. (1) Prem Kumar Parmar and his brother Lalit Kumar Parmar, who have been arrested in R. C. No. 11188 SPF-CBI-SIU(viii) under Sections 120-B/420/467/468/471, Indian Penal Code, (for short 'IPC'), have filed two separate petitions seeking bail where as Mrs. Savita Parmar and her two daughters have filed a separate petition seeking anticipatory bail in the aforesaid case. (2) The allegations against the accused are that they have obtained huge subsidies from the Government by submitting statements which contained false facts. It appears that under a scheme to promote growth of fertilizer factories, the petitioners had allegedly set up factories for production of fertilizer and for its sale. and they allegedly prepared false documents showing manufacture and sale of fertilizer when actually nothing was done and on the basis of false documents prepared showing the manufacture and sale of fertilizer, the petitioners claimed huge amounts from the Government as subsidies and in t...
Nisha Sharma and ors. Vs. Vinod Kumar Sharma
Court: Delhi
Decided on: Feb-23-1989
Reported in: ILR1989Delhi385; 1989RLR130
Bahri, J. (1) Since a very short point is involved in this petition, I, hereby, proceed to dispose of the same after hearing the learned counsel for the parties. (2) A criminal revision had been brought before the Additional Sessions Judge challenging the order of the Magistrate dated December 13, 1985, by which the petitioners had been summoned for facing the trial in respect of offence punishable under Sections 506 & 120-B read with Section 34 Indian Penal Code . The criminal revision was dismissed in default for non-appearance of the petitioners or their counsel on the date fixed for hearing. An application seeking restoration of the criminal revision was also dismissed by the Additional Sessions Judge vide order dated September 8, 1988. The short question which arises for consideration is whether the criminal revision could have been dismissed by the Additional Sessions Judge in default There is a direct ruling of this Court on this point reported as M.T.R. Power v. R. K. Gupta, : ...
Surinder Mehta Vs. K.L. Verma and ors.
Court: Delhi
Decided on: Feb-23-1989
Reported in: ILR1989Delhi231
Charanjit Talwar, J. (1) This judgment disposes of two writ petitions. Criminal Writ Petition No. 567 of 1988 has been filed by Surinder Mehta and Criminal Writ Petition No. 561 of 1988 by Yudhister Kumar. The challenge in both the petitions is to the order passed under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (for short the Act) by Shri K. L. Verma, specially empowered officer. The detention orders against both the detenues were passed on 25th October, 1988 with a view to preventing them from abetting in the export from India of narcotic drugs. These are successive orders of detention against the petitioners. The first orders were passed on 6th July, 1988. Those were revoked by orders dated 24th October, 1988 passed by the Government of India in exercise of the powers conferred by Section 12(1) of the Act. The reasons stated in the order revoking the earlier detention of Surinder Mehta are as follows: 'WHEREAS the retrac...
Vinay Chaudhary Vs. the State
Court: Delhi
Decided on: Feb-23-1989
Reported in: 100(2002)DLT366; 2002(64)DRJ498
Dalveer Bhandari, J.1. This appeal is directed against the judgment and order passed by the learned Additional Sessions Judge in Sessions Case No. 11/96 dated 21.8.1997 and 27.8.1997 respectively.2. The short question which arises for determination of this case is whether the offence under Section 302 or 304 Part II is made out or not in the facts and circumstances of this case3. The police station, Saraswati Vihar, received DD No. 18A on 6.9.1988 which was handed over to SI Deep Chand. He went to the spot, 15 Harsh Vihar, along with Constable Narender Kumar and Constable Bansi Lal where ASI Ranjeet Singh along with Constable Ram Singh and Harpool Singh were already present. He saw blood in the drawing room of the said house. The appellant Vinay Chaudhary was apprehended by the people of the locality.4. PW-4 Smt. Nirmala Pandey, mother of the deceased-Nargita, stated that she has known the appellant since 1987. He was studying in Hindu College whereas Nargita was studying in Miranda Ho...
Collector of Customs Vs. Ajanta Tubes Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Feb-22-1989
Reported in: (1989)(23)LC234Tri(Delhi)
1. The Collector of Customs, Bombay has filed an appeal being aggrieved from the order passed by the Collector of Customs (Appeals), Bombay.The said appeal was presented in the Bombay Registry of the Tribunal on 31st October, 1988. In Column No. 3 of the appeal memo the date of communication of the order appealed against has been mentioned as 16th June, 1988. An application for condonation of delay and stay application duly supported with affidavits were also presented in the Delhi Registry on 9th January, 1989. In terms of the provisions of Sub-section (3) of Section 129A of the Customs Act, 1962 the appeal has to be presented within three months from the date of communication of the order. Shri K. Kumar, the learned SDR has appeared on behalf of the applicant. Earlier the matter had come up for hearing on 27th January, 1989. Shri Kumar, the learned SDR had appeared on the said date and had requested for adjournment on the ground that he wanted to substantiate the grounds for condona...
State Bank of India Vs. Indian Electric and ors.
Court: Delhi
Decided on: Feb-22-1989
Reported in: [1991]70CompCas190(Delhi); 1989(17)DRJ10
Y.K. Sabharwal, J.(1) Plaintiff, State Bank of India has filed this suit for recovery of Rs. 15,09,661-71p. Defendant No. I is a partnership firm of which Deepak K. Singh, defendant No. 2 and Krishna K. Rawat, defendant No. 3 ate the partners. The claim is that as on 15th April 1985 defendants' outstanding in the accounts with the plaintiff were as under:- Mtl (Machinery) Rs. 2,20,524-77 Cash Credit (FT) Rs. 3,52,637-49 Cash Credit (Bills) A/c Rs. 6,25,499-68 Mtl Equity Fund Assistance Rs. 66,000-00(2) Defendant No. 4 is a Private Limited Company and is being sued as acceptor of the various bills drawn by defendant No. I on it. Although decree for full amount in suit was claimed by plaintiff against all the defendants but during arguments, learned counsel for the plaintiff, stated that defendant No. 4 is liable only in respect of cash credit (Bill) Account and the plaintiff does not claim any amount from the said defendant in respect of three other credit facilities, namely, Mtl (Machi...
Promilla Kapur Vs. Yash Pal BhasIn and ors.
Court: Delhi
Decided on: Feb-22-1989
Reported in: ILR1989Delhi387; 1989RLR122
P.K. Bahri, J. (1) This petition has been broth under Section 482 of the Code of Criminal Procedure (for short 'Cr. P.C.') seeking quashment of proceedings pending in the court of Shri R. K. Yadav, Metropolitan Magistrate, in a complaint G filed by respondent No. 1-Shri Yashpal Bhasin, Advocate, against the petitioner and others under Sections 292 and 293 of the Indian Penal Code (for short Indian Penal Code '). (2) At the outset I may mention that in spite of the complainant being served in this petition a number of times, the complainant never came- forward to oppose the petition. In order to seek assistance in thrashing out the legal question involved in this petition, I requested Mr. Maninder Singh, Advocate, to act as amices Curiae on behalf of the complainant and he very kindly agreed and I must express my gratitude to him for advancing elaborate arguments in the matter. (3) It has been averred in the complaint that the complainant had purchased a book titled The Indian Call Girl...
All India Garment Export Common Cause Guild and anr. Vs. Union of Indi ...
Court: Delhi
Decided on: Feb-22-1989
Reported in: 1989(42)ELT167(Del); ILR1991Delhi149
D.P. Wadhwa, J.(1) The petitioners who are two in number have challenged by this petition the validity of para 7 of the Export Entitlement Distribution Policy ('Policy 'for short) relating to export of certain categories of readymade garments for the year 1988, 1989 and 1990 issued by public Notice No. 28 ETC(PN)/87 dated 15th October, 1987 and effective from 1st January, 1988.(2) The first petitioner is an association of garment exporters and the second petitioner is himself an exporter of garments. The respondents are the Union of India both through the Ministry of Commerce and Ministry of Textiles, Chief Controller of Imports and Exports and the Apparel Export Promotion Council (for short 'the AEPC').(3) Export of garments is regulated under the Import and Exports Control Act, 1947 and Export (Control) Order, 1977 issued under this Act. An Import (Control) Order, 1955 has also been issued under the Act. The import/Export Policy is announced by the Government of India by means of pub...
R.B. Ch. Rochi Ram Khattar and Sons Vs. Baldev Raj Sobti and ors.
Court: Delhi
Decided on: Feb-22-1989
Reported in: II(1989)ACC94
S.B. Wad, J.1. This appeal is pending in this Court since long. The execution of the Award bad been stayed by order dated 19-3-80 and the relief is yet to reach the claimants. I am, thereforee, disposing of the appeal on merits even though counsel for the parties are not present.2. This appeal is filed by the owner of vehicle No. DMG 503, which caused death of Smt. Chander Sobti on 18-4-73. On evidence the Tribunal found that the vehicle in question was responsible for causing the accident and, thereforee, the death. The Tribunal awarded a sum of Rs. 19,440/- to petitioners 2 & 3 before the Tribunal. The Tribunal also awarded future interest @ 9 per cent per annum from the date of award till the date of realisation.3. In the present appeal the appellant has challenged both the liability for the accident and the quantum. Counsel for respondent No. 6 has taken me through the evidence on record. The plea of the owner of the vehicle that the driver at the relevant time was not doing the du...
S.C.i.L. India Limited Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Feb-21-1989
Reported in: (1989)(24)LC173Tri(Delhi)
1. SCIL India Limited (formerly Simon-Carves India Ltd.) has filed an appeal being aggrieved by the order passed by the Collector of Customs (Appeals), Calcutta. The said appeal was presented in the Registry on 12th September, 1988. Simultaneously a stay application in the form of a plain letter was also presented. The stay application was listed for hearing on 21st October, 1988. The applicant had made a request for adjournment on the ground that they were busy in Puja holidays and the date of hearing may be fixed in the 3rd week of November, 1988 as they were busy during the first and second week of November. On the request of the appellant, the matter was adjourned to 21st November, 1988. On 21st November, Shri Asoka Tankala, learned Advocate appeared and requested for adjournment on the ground that the matter was to be argued by Shri V. Lakshmikumaran, Advocate who was busy due to his father's ailment and the matter was adjourned to 3rd February, 1989. On 3rd February, 1989 nobody...
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