Delhi Court August 1990 Judgments
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Raj Kumar and anr. and Udhey Singh Vs. State
Court: Delhi
Decided on: Aug-10-1990
Reported in: ILR1990Delhi32
Jaspal Singh, J. (1) Amidst some of the posh colonies of South Delhi is a village known as Chirag Delhi. On June 5, 1983 at about 10.30 A.M., it lost one of its residents. He was stabled to death. Jai Bhagwan was his name. The prosecution claims that It was the handiwork of Raj Kumar. Pawan Kumar and Udhey Singh who too are residents of the same village. We are told that both the sides were consumed by the fire of hatred for each other and this provided the motive. Basant Ram, Deen Dayal, Kalu Ram and Murari Lal (Public Witness s 1, 2, 4 & 5 respectively) were cited as the eye witnesses. The trial court returned the verdict against the accused. It convicted and sentenced them under section 302 with the assistance of section 34 of the Indian Penal Co(2) With as many as four persons produced by the prosecution as witnesses to the occurrence, it considers itself ensconced in a comfortable seat, and undoubtedly, if the witnesses are believed; the appellants would find themselves in deep wo...
N.K. Gupta Vs. Institute of Chartered Accountants of India
Court: Delhi
Decided on: Aug-10-1990
Reported in: 42(1990)DLT497
B.N. Kirpal, J. (1) This judgment will dispose of appeal under section 22-A of the Chartered Accountants Act, 1949 filed by Mr. N.K. Gupta, Chartered Accountant as well as reference (Chartered Accountant Case No. 3 of 1980) under section 21 of the made to this Court by the Institute of Chartered Accountant of India. (2) Briefly stated, the facts are that Mr. N.K. Gupta is a practicing Chartered Accountant and is fellow of the Institute of Chartered Accountants. Information was received against him alleging mis-conduct. Notice was issued to him and his reply was filed. Thereafter disciplinary proceedings were initiated against him. The disciplinary committee of the Institute submitted its report on 13th September 1979. Thereafter, another disciplinary committee was constituted by the Council and a fresh report was submitted. It was held that the petitioner was guilty of violation of regulation No. 32-B. Thereafter the Council in the meetings held on 12th, 13th and 14th December 1979 hel...
Avis Internatioinal Ltd. Vs. Avi Footwear Industries and anr.
Court: Delhi
Decided on: Aug-10-1990
Reported in: 42(1990)DLT397
Mahinder Narain, J. (1) By this order I intend to deal with two interim applications bearing 1.A. No. 88 of 1990 and I.A. No. 2266 of 1990. which have been filed in Suit No. 18' of 1990.(2) I.A. No. 88 of 1990 is an application under Order xxxix Rules 1 & 2 of the Code of Civil Procedure, whereby the plaintiffs seek to obtain an order of injunction restraining the defendants, their servants, agents, stockists, dealers and all other persons from using the trade mark Aevis in respect of shoes or any other trade mark which is confusing or deceptively similar to the registered trade mark A.VIS of the plaintiffs. bearing registration No. 352018 (in class 25). The plaintiffs state that they have got the said mark Avis registered in respect of readymade garments, wearing apparels including jeans, jackets, shirts blouses, socks, hosiery, brasses and footwear, and that the mark is registered on 1-8-1979.(3) The other application bearing I.A. No. 2266 of 1990, which I am going to deal with, is a...
New Delhi Municipal Corporation and ors. Vs. Kamlesh Kumari
Court: Delhi
Decided on: Aug-10-1990
Reported in: I(1991)ACC94; 1991ACJ970; 42(1990)DLT441
Mahesh Chandra, J.(1) This judgment would dispose of two F.A.Os namely No. 88 of 1979 and 89 of 1979, which are directed against the composite award dated 8th December, 1979 of Motor Accident Claims Tribunal Delhi given respectively in Claim No. 21 of 1978 (Old No. 130 of 1973) entitled Smt. Kamlesh Kumari & others v.N.D.M.C. and others and claim No. 38 of 1978 (Old No. 129 of 1973) entitled Ganesh Datta and another v N D M C and others. Both the claims were disposed of by a composite judement' of 8th December, 1978. The first mentioned case had arisen due to the death of one Sarwan Kumar while second mentioned claim and arisen due to death of Subash Chander Younger brother of Sarwan Kumar. These appeals have been filed by N.D.M.C., the owner of the truck which was involved in the accident and its driver. The claimants in respective claims have also filed cross objections in both these appeals. The cross-objections in F A O No 88 of 1979 have been registered as C.M. No. 164 of 1979 whi...
S.C. Bansal and anr. Vs. Subbash Kashyap
Court: Delhi
Decided on: Aug-10-1990
Reported in: 42(1990)DLT463; 1990(19)DRJ259
Sunanda Bhandare, J.(1) This revision petition Under-Section 25-B(8) of the Delhi Rent Control Act (hereinafter referred to as the Act) is directed against the judgment and order of the Rent Controller, Delhi dated 1-6-1989 whereby the application for leave to defend filed by the petitioners was dismissed.(2) The respondent let out the first floor premises of property No. D-298 Sarvodya Enclave, New Delhi to petitioner No. 1 for the residence of petitioner no. 2 The respondent who was working as Secretary General, Lok Sabha filed a petition for eviction under Section 14-C read with Section 25-B of the Act for eviction of the petitioners on the ground that he requires the premises for his own residence after- his retirement in May 1989. Summons of this petition were duly served on the petitioners, and in response to the same, the petitioners filed two separate applications for leave to 'defend. The application turn leave to defend was supported by two separate affidavits of the two peti...
K.M. Harshad Vs. Union of India (Uoi) and ors.
Court: Delhi
Decided on: Aug-10-1990
Reported in: 1991(33)LC69(Delhi)
M.K. Chawla, J.1. This petition under Article 226 of the Constitution of India, read with Section 482 of the Code of Criminal Procedure has been filed by the petitioner Shri K. M. Harshad, seeking the issuance of a writ of habeas corpus or any other writ, order or direction for quashing the order of detention dated 8.8.1989 passed by respondent No. 2 State of Kerala Under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (hereinafter referred to as the COFEPOSA Act), with a view to preventing the petitioner from engaging in transporting, keeping and concealing smuggled gold and from dealing in smuggled gold, and the order of declaration dated 11.1.1990 passed by respondent No. 3 Shri K. Prakash Anand, Addl. Secretary to the Government of India, Ministry of Finance, New Delhi, and the immediate release of the petitioner.2. Though a number of grounds have been taken in this petition, but the learned Counsel for the petitioner has laid stress ...
Smt. Mohan Pyari Sethi and Others Vs. Official Liquidator, M/S. Sahara ...
Court: Delhi
Decided on: Aug-09-1990
Reported in: AIR1991Delhi125; [1991]71CompCas77(Delhi); 42(1990)DLT661
ORDER1. By this order, I propose to dispose of an application, filed by petitioners, under Rule 9 of the Companies (Court) Rules, 1959, read with Section 151 of Civil Procedure Code.2. Briefly, the facts are that petitioners Nos. 2 and 3, are minors and they have filed the petition, through their next friend, Sheri S. P. An and. M/s. Sahara Deposits and Investments (India) Ltd., hereinafter referred to as the Company, was wound up, vide order dated January 13, 1984, in the Company Petition No. 78 of 1983.3. The Company was tenant of petitioners, in respect of,M-116,third floor, Connaught Place, New Delhi, a room bearing private marks RJC/ 16-18 in undivided form and paying a rent of Rs. 5,0001 - per mensem,to petitioners in the following manner:(i) Smt. Mohan Pyari Sethi 50% Rs. 2,500.00 p.m.(ii) Master Gaurav Kohli 25% Rs. 1,250.00 p.m.(iii) Master Vaibhav Kohli 25% Rs. 1,250.00 p.m. 4. The Company had paid rent up to March 31, 1983. Thereafter, no rent was paid, although it was to b...
Commissioner of Wealth-tax Vs. A.K. Sen
Court: Delhi
Decided on: Aug-09-1990
Reported in: (1990)87CTR(Del)216; [1991]187ITR338(Delhi)
Rabindra Nath Pyne, C.J.1. These reference applications raised an interesting and common question of law and as such can be disposed of by a common judgment. 2. The following question has been referred to this court for its opinion at the instance of the Commissioner of Wealth-tax, Delhi-VIII, at New Delhi, under section 27(1) of the Wealth-tax Act, 1957 (hereinafter referred to as 'the Act') : 'Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in confirming the order of the Commissioner of Wealth-tax (Appeals) who held that the books in law library held by the assessed and used by him in carrying on his profession qualify for exemption under section 5(1)(xii) of the Wealth-tax Act, 1957 ?' 3. Shri A. K. Sen, former Union Law Minister, a well-known barrister and a senior advocate, is reputed to have a very good library for practicing as a lawyer. The Wealth-tax Officer (for short 'the WTO'), while assessing the Wealth-tax of the assess for the ...
Naresh Kumar Etc. Vs. State
Court: Delhi
Decided on: Aug-09-1990
Reported in: 1990RLR544
M.K. Chawla, J. (1) In this petition u/S. 482 of : the Cr. P.C, the petitioners are seeking the quashing of all the 12 challans initiated against them on the complaint of one Ved Parkash in case F.I.R. No. 822/77, P.S. Lahori Gate, u/S. 420/120-B, I.P.C. and pending in the Court of C.M.M. Delhi. (2) In order to appreciate contention of the learned counsel for petitioners, it is relevant to keep in, mind salient features of the complaint and tbs progress made in the said case, (3) On 28.1.77 Ved Parkash filed a written complaint in the Lahori Gate P. S. alleging therein that the present petitioners i e. Naresh Kumar and Jai Prakash introduced to him one G.R. Sbarma, a proprietor of a firm known as Sharma Yarn Centre, Satyawati Nagar, Delhi. The petitioners assured that ShriG.R. Sharma has a flourishing business in the sale and purchase of cotton yarn and is a man of status, having a landed property and assessed to income tax. Believing the assurances given by the petitioners, the compla...
Kesho Ram Vs. Ramesh Kumar
Court: Delhi
Decided on: Aug-09-1990
Reported in: 42(1990)DLT430; 1990(19)DRJ244
Sunanda Bhandare, J.(1) The Revision Petition under Section 25-B(8) of the Delhi Rent Control Act is directed against the judgment of the Additional Rent Controller dated 28th July, 1987 whereby the petition filed by the petitioner-landlord under Section 14(the) read with Section 25-B of the Delhi Rent Control Act was dismissed. The father of the respondent Shri Chiranji Lal, was inducted as a tenant by the petitioner in the year 1960 at a monthly rent of Rs. 52.50 on the ground floor of the premises bearing No. 3195, Gali Sani Ram, Mohalla Dassn. Delhi. After the death of the father in the year 1981, the respondent herein became the tenant. The petitioner filed a petition under Section 14(i)(e) read with Section 25-B of the Delhi Rent Control Act for eviction of the respondent on 9th August 1983 on the ground that the premises arc required by him and numbers of his family for the bona fide need for residence It was alleged in the petition that the petitioner who is an old man of 60 ye...
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