Delhi Court February 1989 Judgments
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R.K.B. Herbals (P) Ltd. Vs. Enterprises Advertising (P) Ltd. and ors.
Court: Delhi
Decided on: Feb-06-1989
Reported in: AIR1989Delhi253; 38(1989)DLT85
B.N. Kirpal, J.(1) This appeal is directed against the orders of the Additional District Judge, Delhi who declined to grant an interim injunction prayed for by the plaintiff-appellant.(2) Briefly stated, the facts are that the plaintiff filed a suit against the respondents for the grant of a permanent injunction. It is alleged that respondent No. 1, which is an Advertising Agency, had entered into an agreement with the plaintiff for handling the advertisements of the plaintiff's products. Respondent No. 2 was the Indian Newspaper Society of which the Advertising Agents are members. Respondent No. 3 is the Advertising Agencies Association of India of,which also the advertising agents including respondent No. I were members. Respondent No. 4 was the Convener of the Advertising Agencies Association of India.(3) It was alleged in the plaint filed by the appellant that due to poor quality and delayed advertisements released by respondent No. 1, the appellant suffered loss and damage. The ad...
Dhani Ram @ Dhani Vs. State
Court: Delhi
Decided on: Feb-06-1989
Reported in: ILR1989Delhi427
Bahri, J.(1) Dhani Ram has been convicted for offences punishable under Section 307 Indian Penal Code . and Section 27 of the Arms Act vide judgment dated May 20, 1988 of Shri K. S. Gupta. Additional Sessions Judge and has been sentenced to undergo rigorous imprisonment for three years for the offence punishable under Section 307 Indian Penal Code . and to undergo six months rigorous imprisonment for the offence punishable under Section 27 of the Arms Act vide subsequent judgment dated May 25, 1988 The convict has filed this appeal challenging his conviction and sentences.(2) On November 21, 1986 at about 8.45 P.M. Virender Kumar was got admitted in J.P.N. Hospital brought by his father Partap Singh in injured condition. It was mentioned in the history recorded in the Mlc that he had been stabbed in abdomen by Dhani in Bhagat Singh Nagar. The Mlc Ex. Public Witness 5/A shows that he had 1'' long oblique stab wound in right iliac fossa. The duty constable at the hospital sent the inform...
Vivek JaIn Vs. Union of India and anr.
Court: Delhi
Decided on: Feb-06-1989
Reported in: AIR1989Delhi301; 1989(2)ARBLR98(Delhi)
S.S. Chadha, J.(1) This appeal has arisen out of the judgment dated December 21. 1988 of the learned -Single Judge hooking that the judgment of the Division Bench dated December 2. 1988 in Cwp 2440/88 operates as a rest judicata in the suit. (2) The Delhi Electric Supply Undertaking (for short called DESU.) decided to install two numbers power generating sets of 67.5 Mw capacity each in place of the old power plant at Rajghat. Desu entrusted the job of disposal of 'B' Thermal Power Station of Rajghat Power House to Dgs &D.; New Delhi so that the premises occupied by 'B' Thermal Power Station could be vacated and two new power generating sets of 67.5 Mw each be commissioned. DGS&D.; invited tenders for sale of 'B' Thermal Power Station Rajghat, Delhi. The tender offer of the appellant was accepted and a sale letter was issued. It is unnecessary to refer to the intervening period or negotiations. An amended sale letter was issued by DGS&D; on January 8, 1988. According to the terms of th...
Rai and Sons (P) Ltd. and ors. Vs. Phelps and Co. (P) Ltd.
Court: Delhi
Decided on: Feb-06-1989
Reported in: 38(1989)DLT94
D.P. Wadhwa, J.(1) This second appeal under S. 39 of the Delhi Rent Control Act 1958 (for short 'the Act') has been filed by the Appellants numbering three against an order of eviction made against the first Appellant which was confirmed in appeal by the Rent Control Tribunal, the ground of eviction being subletting.(2) It was on 26.2.1969 that M/s Phelps&Co.; Pvt. Ltd. (for short'the landlord company' and now respondent in this appeal) filed a petitionfor eviction against five respondents of the allegation that M/s Rai & SonsPvt. Ltd. (for short 'the tenant company') was the tenant in respect of certain portion of the ground floor and the first floor of Phelps Building in Connaught Place. New Delhi, owned by the landlord company and that the tenant company sublet various portions of the tenant premises to respondentsNos. 2 to 5 without the consent in writing of the landlord company. Out of the respondents Nos. 2 to 5, alleged to be the sub-tenants, only respondents Nos. 2 and 3 namely...
K.M. Saleem Vs. State
Court: Delhi
Decided on: Feb-06-1989
Reported in: 38(1989)DLT145
P.K. Bahri, J. (1) The appellant-K. M. Saleem @ Rai Gopal, a resident of Sri Lanka, who has been convicted of an offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, on being found in possession of 940 gms. of smack heroin on February 14, 1987, at about 12.45 P.M. at International Airport Hall of Indira Gandhi International Airport vide judgment dated January 23, 1988, of Shri R. P. Gupta, Additional Sessions Judge and has been sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000 (one lakh) and in default to payment fine, to undergo further rigorous imprisonment for two years vide subsequent judgment dated January 27, 1988, has filed this appeal challenging his conviction and sentences. (2) Facts, in brief, are that P. C. Mann, Sub-Inspector, (PW8) while being posted at the relevant time in Police Station I.G.I. Airport Along with Head Constable Ram Kumar (Public Witness 6) and Constable Ramesh Chand, was...
Mohammed DIn @ Manno Vs. Union of India and ors.
Court: Delhi
Decided on: Feb-06-1989
Reported in: 1989(2)Crimes340; 38(1989)DLT120
P.K. Bahri, J.(1) This petition has been brought under Article 226 of the Constitution of India read with section 482 of the Code of Criminal Procedure for quashing the detention order dated March 7, 1988, passed by respondent No. 2 under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'COFEPOSA Act') and declaration dated April 5, 1988, made under Section 9(1) of Cofeposa Act by respondent No. 3. The impugned orders have been made with a view to prevent the detenu from engaging in transporting smuggled goods and abetting the smuggling of goods in the sensitive border area of Punjab.(2) The petitioner is stated to be Pakistani national and has been engaged in smuggling for the last about 25 years in association with some of the local persons. The detention orders were stated to have been passed against the petitioner and other co-detents including one Vinod Kumar.(3) The learned counsel for the petitioner...
Municipal Corporation of Delhi Vs. Om Prakash Sharma
Court: Delhi
Decided on: Feb-05-1989
Reported in: ILR1989Delhi397
M.K. Chawla, J.(1) The material facts which are relevant for the purpose of deciding the present controversy in this appeal are not in dispute. The respondent/plaintiff was appointed as Mohanar by the erstwhile Delhi Municipal Committee in the year J 956. On the proclamation of the Delhi Municipal Corporation Act, (hereinafter referred to as the D.M.C. Act), the services of the plaintiff stood transferred by operation of Section 511 of the said Act. The plaintiff was promoted to the post of L.D.C. in the year 1959 -and as U.D.C. in 1972. In the month of October, he was posted as Terminal Tax Inspector at Mohan Nagar T.T. post. By an order dated 24th October, 1977 he v/d& suspended for allowing a truck with 59 quintals of machinery parts to enter Union Territory of Delhi, without making payment of the terminal tax. He remained under suspension till 11th April, 1978. The inquiry was instituted and by order dated 26th February, 1979, the Deputy Commissioner inflicted the punishment of sto...
MukarramuddIn Vs. RahimuddIn and ors.
Court: Delhi
Decided on: Feb-03-1989
Reported in: 1990(18)DRJ11
Y.K. Sabharwal, J.(1) The short question for determination in this case is: Whether the award dated 6th May, 1987 directs partition? The award was made by Sheikh Mukarramuddin. It was filed in Court and by orders made on 8th Sept., 1987 in the suit, the award was made a rule of the Court With a direction that decree be drawn in terms thereof.(2) The award made by the arbitrator on 6th May, 1987 was in respect of disputes and differences between Sheikh Rahimuddin husband of Mst. Zobra Begam, his two sons Sheikh Abidis & Javed Kamal and two daughters Talat Jamal & Nahid Jamal. Mst. Zohra Begam according to the award died in Delhi on 6th July, 1986 and had orally devised and bequeathed her properties in favor of her sons and daughters Hi shares which they would have inherited according to Muslim Law of Succession. The award, also states that her husband Sheikh Rahimuddin had accepted the will of Mst. Zohra Begam by his. Release deed dated 4th March, 1987. By the award the arbitrator held ...
inderpreet Singh Monga and anr. Vs. S. Balbir Singh and ors.
Court: Delhi
Decided on: Feb-03-1989
Reported in: ILR1989Delhi667
C.L. Chaudhary, J.(1) By this suit the plaintiff is claiming a decree for permanent injunction restraining the defendants from in any manner interfering in the business, of the plaintiffs in the name of M/S Brightways Garment Emporium being conducted at shop No. 6178, Ajmal Khan Road, Karol Bagh, New Delhi, and for declaration that non-judicial stamp paper worth Rs. 2 denomination signed blank by plaintiff No. I on 6-9-1988 with or without inscriptions be declared null and void. (2) Plaintiffs and defendants 1, 2 and 3 are sons of late lqbal Singh Monga. Defendant No. 4 is the daughter of lqbal Singh. lqbal Singh married twice and both the wives predeceased him. From his first wife he had three sons and one daughter and these are defendants I to 4 and from the second wife he has two sons who are the plaintiff in this suit. lqbal Singh died on 5-9-1988. Prior to his death, he was staying at A-254, Vikas Puri, New Delhi along with the plaintiff. The defendants were residing at other plac...
Collector of Central Excise Vs. K. Manibhai and Co.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Feb-02-1989
Reported in: (1989)(24)LC398Tri(Delhi)
1. This is an appeal filed by the Department against the Order-in-Appeal No. 570-57l/Cal/82 dated 13.7.1982 passed by the Appellate Collector of Central Excise, Calcutta, whereby the Appellate Collector allowed the claim of the respondents for refund and set aside the Order-in-Original passed by the Assistant Collector of Central Excise, Calcutta-I Division.2. The respondents have also filed cross-objections inter alia pleading that the appeal filed by the department does not accompany copy of the Collector's direction to file the appeal as required under Sub-rule (2) of Rule 9 of the Customs, Central Excise and Gold (Control) Appellate Tribunal (Procedure) Rules, 1982 and further that the appeal does not contain the grounds forming the basis of the Collector's opinion that the Order of the Appellate Collector was not correct and in conformity with Rule 11 of the Central Excise Rules and the instructions contained in Notification No. 198/76 dated 16.6.1976 and as such is vague and in ...
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