Delhi Court March 1989 Judgments
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Mohd. Navez Vs. State
Court: Delhi
Decided on: Mar-02-1989
Reported in: 1989(2)Crimes240; 38(1989)DLT1
Malik Sharief-Ud-Din, J. (1) Connected with this appeal are Criminal Appeal No. 244/85 Munna v. Stale, Criminal Appeal No. 260/85 Prakash Lal v. State, Criminal Appeal No. 114/86 Ravinder Kumar v. State. Since all the appellants have been convicted and sentenced in respect of the same incident, this order will dispose of all the four appeals. The appellants were convicted under section 302/34 Indian Penal Code . and under section 392/34 Indian Penal Code . and were respectively sentenced to undergo life imprisonment and to rigorous imprisonment for 7 years. Both the sentences were, however, made to run concurrently. (2) We may briefly state the facts, the prosecution case is that on 14th of August 1983 one Brij Lal, father of Surinder Kumar, who lodged the first information report, was done to death by strangulation at the terrace of his quarter No. 61A, Kamla Market. The 'I reside at house No. F-312, Mansarover Garden. My shop bearing No. 171 is situated in Kamla Market. My father Shr...
Oriental Insurance Co. Ltd. Vs. Smt. Hasmath Khatoon and Others
Court: Delhi
Decided on: Mar-01-1989
Reported in: [1991]71CompCas644(Delhi); (1990)IILLJ268Del
S.B. Wad, J. 1. An important question of law arising for decision in this appeal is whether the insurance company with which the offending vehicle is insured is liable to pay penalty and additional interest awarded and the penalty imposed by the Commissioner under section 4A(3) of the Workmen's Compensation Act, 1923. To be more specific, the question is whether the word 'liability' mentioned in the proviso to section 95(1)(b) and sub- section 2(a) of the Motor Vehicles Act is so wide as to include liability for payment of interest in default of payment of compensation and the penalty imposed under section 4A(3) of the Workmen's Compensation Act. 2. The petitioner was working as a workman/loader of truck No. DEG 3809, owned by Competent Construction Company. On May 21, 1985, when the workman, along with the other workmen, was proceeding to unload the truck after loading the same with loose earth, the truck overturned and the workman sustained grievous injuries and succumbed to them. Th...
D.C.M. Ltd. Vs. Lt. Governor, Delhi and Others
Court: Delhi
Decided on: Mar-01-1989
Reported in: 37(1989)DLT425; 1989LabIC1652; (1989)IILLJ250Del; 1989RLR210
S.S. Chadha, J.1. This petition under Article 226 of the Constitution of India challenges the decision of the Lt. Governor, Delhi dated October 29, 1988. Refusing the petitioners permissions under Section 25-O of the Industrial Disputes Act 1947 to close its industrial undertaking Delhi Cloth Mills at Bara Hindu Rao, Delhi.2. The petitioners had earlier filed a petition, being C.W.P. 1281/85 ('D.C.M. Ltd. v. Union of India and Others') under Article 226 of the Constitution of India seeking a writ of certiorari to quash the decisions of the Lt. Governor, Delhi communicated in the letter dated April 16, 1985 rejecting the petitioners application dated March 27, 1985 and refusing the petitioners permission under Section 25-O of the Industrial Disputes Act, 1947 (for short called the 'I.D. Act') to close its industrial undertaking Delhi Cloth Mills at Bara Hindu Rao, Delhi (for short called 'the Mill') with effect from July 1985. The further relief claimed was to declare that the provision...
Delhi Cloth Mill Ltd. Vs. Lt. Governor, Delhi and ors.
Court: Delhi
Decided on: Mar-01-1989
Reported in: [1989(58)FLR859]
S.S. Chadha. J. (1) This petition under Article 226 of the Constitution of India challenges the decision of the Lt. Governor, Delhi dated October 29, 1988. refusing the petitioners permission under Section 25-O of the Industrial Disputes Act 1947 to close its industrial undertaking Delhi Cloth Mills at Bara Hindu Rao, Delhi. (2) The petitioners had earlier filed a petition, being C.W.P. 1281/85 ('D.C.M. Ltd. v. Union of India and Others') under Article 226 of the Constitution of India seeking a writ of certiorari to quash the decisions of the Lt. Governor, Delhi communicated in the letter dated April 16, 1985 rejecting the petitioners' application dated March 27, 1985 and refusing-the petitioners permission under Section 2-0 of the Industrial Disputes Act, r-47 (for short called the Id Act) to close its industrial undertaking Deibi Cloth Mills at Bara Hindu Rao, Delhi (for short called the Mill) with effect from July, 1985. The further relief claimed was to declare that the provision o...
Jagdish Chander Vs. Hindustan Vegetable Oils Corporation and anr.
Court: Delhi
Decided on: Mar-01-1989
Reported in: AIR1990Delhi204; 1989(2)ARBLR189(Delhi); ILR1990Delhi399
B.N. Kirpal, J. (1) This judgment will dispose of the objections filed by the respondents to the award dated 15th September, 1986 given by the Sole-Arbitrator in favor of the petitioner. (2) Briefly stated, the facts are that the petitioner and respondent No. 1 entered into a contract dated 12th November, 1984 whereby certain civil works had to be executed by the petitioner. It appears that the work to the petitioner was awarded by respondent No. 1 on the recommendations of the respondent's Architects M/s. M. R. Wareekar and Associates Private Limited. (3) After the award of the work the petitioner entered upon the site and started working. The gross value of the work was Rs. 1,87,22,415.00 In order to assist the petitioner, and in terms of the contract, a mobilisation advance of Rs 56,16,724.00 was given by respondent No. 1 to the petitioner. This advance was not to bear any interest and was adjustable against the bills of the petitioner. After 50 per cent of gross work had been done....
Rainkoo Steels and ors. Vs. K.P. Ganguli
Court: Delhi
Decided on: Mar-01-1989
Reported in: ILR1989Delhi200
Sant0sh Duggal, J. (1) M/S. Rinkoo Steels, a partner. ship firm, petitioner No. I, in this petition under section 482 Cr. P.C.. is an income-tax assessed, with petitioners No. 2 and 3 as partners. After the assessment lor the year 1980-81 had been finalised, a search under section 132 of the Income-tax, Act. 1961 (for short 'the Act') was conducted on 31st May, 1984 of their business promises as well as of other associates of theirs, and during the said search operations, allegedly a number of incriminating documents, books of account etc. were seized. An examination of the documents so seized is alleged to have revealed a large scale under-statement of income by petitioner No. 1. Since the assessment for the previous years had already been completed, prior to the date of search, proceedings under sections 147(a) read with section 148 of the Act were initiated, and the assessed called upon to submit fresh returns for the earlier assessment years, namely, 1980-81 and 1981-82. (2) The al...
Rinkoo Steels and Others Vs. K. P. Ganguli, Income-tax Officer and Ano ...
Court: Delhi
Decided on: Mar-01-1989
Reported in: (1989)77CTR(Del)95; [1989]179ITR482(Delhi); [1989]43TAXMAN305(Delhi)
MRS. SANTOSH DUGGAL J. - Rinkoo Steels, a partnership firm, petitioner No. 1 in this petition under section 482, Criminal Procedure Code, is an income-tax assessed, with petitioners Nos. 2 and 3 as partners. After the assessment for the year 1980-81 had been finalised, a search under section 132 of the Income tax Act, 1961 (for short 'the Act'), was conducted on May 31, 1984, of their business premises as well as of other associates of theirs, and during the said search operations, allegedly, a number of incriminating documents, books of account, etc., were seized. An examination of the documents so seized is alleged to have revealed large scale understatement of income by petitioner No. 1. Since the assessment for the previous years had already been completed prior to the date of search, proceedings under section 147(a) read with section 148 of the Act were initiated, and the assessed was called upon to submit fresh returns for the earlier assessment years, namely, 1980-81 and 1981-82...
Oriental Insurance Co. Ltd. Vs. Hasmath Khatoon and ors.
Court: Delhi
Decided on: Mar-01-1989
Reported in: II(1989)ACC1
S.B. Wad, J.1. An important question of law arising for decision in this appeal is whether the Insurance Company with which the offending vehicle is insured is liable to pay penalty and additional interest awarded and the penalty imposed by the Commissioner under Section 4-A(3) of the Workmen's Compensation Act, 1923. To be more specific, the question is whether the word 'liability' mentioned in proviso to Section 95(1)B and Sub-section 2(a) of the Motor Vehicles Act is so wide as to include liability for payment of interest in default of payment of compensation and the penalty imposed under Section 4-A(3) of the Workmen's Compensation Act2. The petitioner was working as a workman/loader of Truck No. DEG 3809, owned by Competent Construction Company. On 21-5-85 when the workman, along with the other workman, was proceeding to unload the truck after loading the same with loose earth, the truck overturned and the workman sustained grievous injuries and succumbed to them. There is no disp...
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