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Delhi Court October 1991 Judgments

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Oct 31 1991

Baldev Vs. State and Others

Court: Delhi

Decided on: Oct-31-1991

Reported in: 1992CriLJ1604

ORDER1. S/Shri Baldev and Dieter Ludwig have applied for grant of anticipatory bail in these two separate petitions. This order will dispose of both these petitions. 2. In brief the case of the petitioner Baldev is that he is representative of French News Photo Agency, SYGMA with Head-quarters at Paris. He had accompanied various Prime Ministers of India as a part of their official entourage. The Headquarters of SYGMA instructed him on telephone in May, 1991 to visit International Sahaja School, Dharamsala, H.P. for having the photographs of the school as well as the students studying there and showing their general lifestyle, including that of Master Yoann, a male child of French nationality. He, accordingly, visited that school and met its Principal Mr. Banerjee and introduced himself as news photographer, representative of SYGMA and sought his co-operation to photograph the School complex and students studying there. The Principal introduced him to various children including Master ...


Oct 31 1991

R. Dalmia and Others (A.O.P.) Vs. Commissioner of Income-tax (and Vice ...

Court: Delhi

Decided on: Oct-31-1991

Reported in: 1991(1)DRJ(Suppl)102; [1992]194ITR700(Delhi)

D.P. Wadhwa, J.1. These references numbering fourteen, all consolidated, under section 256(2) of the Income-tax Act, 1961 (for brevity 'the Act'), raise a common question whether the provisions of section 144B of the Act (since repealed) are applicable to proceedings initiated under section 147/148 of the Act. 2. The questions of law which have been referred are three and are as under : '1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the provisions of section 144B were not applicable to assessments made pursuant to the provisions of section 147 in the case of J. Dalmia, (Hindu undivided family), for the assessment years 1947-48 and 1948-49 and in the case of association of persons for the assessment year 1947-48 2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the provisions of section 144B are procedural and apply to all assessments pending at the time when the said provisi...


Oct 31 1991

Pride Construction Co. Vs. Delhi Development Authority

Court: Delhi

Decided on: Oct-31-1991

Reported in: 1992(1)ARBLR216(Delhi); 45(1991)DLT584; 1991(21)DRJ327

Jaspal Singh, J.(1) The award has a chequered history. It was first made and published as far back as on April 24, 1987. This was followed by a petition under Section 14 of the Arbitration Act and the objections by the Delhi Development Authority. By her judgment dated May 8, 1989 Sunanda Bhanbdare J. set aside the finding on claim No. 7 and as far as claims No. 2, 3 and 4 were concerned the case was remitted back to the Arbitrator. The reason for the remission was lack of reasons in terms of Section 25 of the agreement entered into between the parties. Consequent thereupon the arbitrator has resubmitted the award. However, the Delhi Development Authority is still not satisfied and has filed objections leading to the framing, of the following issues. 1. Whether the award dated 24.4.87 read with the reasons given by the arbitrator dated 24.4.89 deserves to be set aside for the objections taken by the D.D.A. OPP 2.Relief:(2) It was argued on behalf of the Delhi Development Authority that...


Oct 31 1991

V.P. Arora Vs. Punjab National Bank

Court: Delhi

Decided on: Oct-31-1991

Reported in: 48(1992)DLT367; 1991(1)DRJ(Suppl)92; ILR1992Delhi407; 1992RLR21

(1) It is true that originally, O.P Arora could claim the benefit, but, he could not do so as he died. It is equally true that on the proposition of law raised on behalf of the decree holder, Shanti Devi could not claim protection under section 60(ccc). However, at the relevant time, V P. Arora, Judgment-debtor happened to own the house and occupied the same as the main residential house. (2) Assuming that V.P. Arora also died and the house passes on to a person who is not a judgment-debtor and if the principle of law as enunciated on behalf of the decreeholder is correct to the effect that a legal representative cannot take benefit of section 60(ccc), this house would again become available to the Bank/decree-holder for getting the same attached and sold in execution of the decree. But so far as V P. Arora is a judgment-debtor and possesses the same as the main residential house, the house is clearly protected by the provisions of 60(ccc). (3) The underlying object of section 60(ccc) ...


Oct 30 1991

Collector of Central Excise Vs. K.K. Assainkutty and anr.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on: Oct-30-1991

Reported in: (1992)(38)ECC16

1. The above appeals are filed by the Department and directed against the order of the Collector of Central Excise (Appeals), Madras, dated 9-2-90 exonerating the respondents of the charge under Section 27(7)(b) of the Gold (Control) Act, 1968, the "Act" for short.2. On prior intelligence, the Central Excise authorities recovered from the residential premises of respondent Assainkutty 308.400 gms. of new gold ornaments and initiated proceedings against the respondents on the ground that K.P. Mohamed, the Managing Partner of M/s. M.P.C.Jewellery, Koduvally, Kerala, was transacting business in gold without accounting for the same in the statutory register and in contravention of law through Assainkutty, the other respondent herein, and the proceedings in respect of the charge of contravention of Section 27(7)(b) and Section 55 of the Act against respondent K.P. Mohamed and the charge of abetment against the other respondent culminated in an order of adjudication at the hands of the Addi...


Oct 30 1991

Krupanidhi Education Trust (Regd.) and Another Vs. the Secretary, Phar ...

Court: Delhi

Decided on: Oct-30-1991

Reported in: AIR1992Delhi238; ILR1992Delhi798

ORDERD.P.Wadhwa, J.1. The petitioner is a trust at Bangalore in the State of Karnataka. It is an authority under Section 12(l) of the Pharmacy Act, 1948 (for short the Act) for conducting a course of study for pharmacists and is duly approved for this' course by the Pharmacy Council of India constituted under the Act. It has filed this petition challenging the action of the respondent Pharmacy Council of India in refusing to grant permission to the petitioner to increase the seats in its college of pharmacy from 60 to 120 and it has Pharmacy Council of India also sought an appropriate writ or direction to declare that Resolution Ref. No. 14-48/ 88- dated 12 December 1989 of the Pharmacy Council of India as illegal and void.2. The petitioner started its college of pharmacy in the year 1985. It was accorded approval for 60 seats. In December 1988 the petitioner applied for increase in the number of seats from 60 to 120 which request was rejected by the Pharmacy Council of India on 25 May...


Oct 30 1991

Tejpal Singh Vs. State

Court: Delhi

Decided on: Oct-30-1991

Reported in: 46(1992)DLT244

R.L. Gupta, J. (1) The petitioner was convicted vide order dated 1610.89 by the Metropolitan Magistrate under Sections 279 and 304-A Ipc sentenced to suffer Ri for six months and a fine of Rs. 1.000.00 under Section 279 Indian Penal Code and Ri for 2 years and a fine of Rs. 5000.00 under Section 304A Ipc on 18.10.89. His appeal was dismissed by the Addl. Sessions Judge on 27.8.91. This revision petition has been filed for setting aside his conviction and sentence. (2) The circumstances in which this accident took place are that on 28.1.83 at about 1.20 P.M. the petitioner had started driving bus of route No. 680 from Central Secretariat Bus Terminal, New Delhi. Some passengers were standing in the queue to board the bus at the Terminal. About 28 to 30 passengers had already boarded the bus from the queue. The deceased Phool Chand was alleged to be in the process of boarding the bus and was just on the foot-board of the rear gate when the petitioner started driving the bus without any s...


Oct 30 1991

Lalit Mohan Puri Vs. Pure Drinks (New Delhi) Ltd.

Court: Delhi

Decided on: Oct-30-1991

Reported in: 46(1991)DLT118; (1992)IILLJ439Del

D.P. Wadhwa, J.(1) By this petition filed under Article 226 of the Constitution the petitioner seeks setting aside of the award dated 29 October 1988 by which the Labour Court answered the reference in favor of the management holding that the termination of the service of the petitioner-workman was not wrong and/or illegal. (2) The petitioner was in the respondent. He had put in 16 years service at the time the dispute arose. He was getting salary of Rs. 703.00 per month. He says though he was designated as Salesman, he was in fact driving the heavy vehicle of the respondent for the sale of soft drinks, known as Coca Cola. (In the impugned order the drink is mentioned as Campa). The petitioner says that one of the pre-conditions of his employment was that he must hold heavy vehicle driving license and his duties were to drive heavy vehicle, to supply the products to retailers, to issue cash or credit memos, to collect cash and to keep account of empties and crates etc. He says apart fr...


Oct 30 1991

Balbir Singh Vs. Union of India

Court: Delhi

Decided on: Oct-30-1991

Reported in: 50(1993)DLT40

Gokal Chand Mittal, C.J. (1) By a notification under Section 4 of the Land Acquisition Act, 1894 published on 27/07/1984 the Delhi Administration acquired 2123 bighas and 5 bids was of land in village Same purpose planned development of Delhi, in particular for setting up an industrialestate. The Land Acquisition Collector awarded compensation for the leveled land at the rate of Rs. 17,000.00 per bigha and the land in depression out of which earth had been. removed for preparing bricks or where there were brick kilns, awarded Rs. 13,000.00per bigha. Feeling dissatisfied, the claimants sought references. Some of the references came up for consideration before Sh. T. S. Oberoi. Additional District Judge, who by judgment dated 17/10/1988. enchanted the compensation for the leveled land to Rs. 25,000.00 per bigha. For the land in depression,references came up for consideration before different Additional District Judges who awarded either Rs. 21,000.00 or Rs. 22,000.00 per bigha for suchla...


Oct 29 1991

Taj Beverages Pvt. Ltd. Vs. Collector of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on: Oct-29-1991

Reported in: (1992)(41)LC347Tri(Delhi)

1. M/s Taj Beverages Pvt. Ltd., Agra, has filed an appeal being aggrieved from the order passed by the Additional Collector of Central Excise Kanpur. The said appeal was presented in the Registry on the 17th day of October, 1991 Thereafter, a stay application, duly supported with an affidavit, was also presented in the Registry on the 8th day of January, 1991. The stay application was listed for hear, earlier and the Tribunal had disposed of the stay application vide Stay Order No. 129/9 A dated 2nd July, 1991, and had dispensed with the pre-deposit of the duty amount of Rs. 2,42,918.47 and penalty of Rs. 50,000/- on the condition of the applicants depositing Rs. 1,20,000/- (Rupees one lakh twenty thousand only) within eight weeks from the date of the receipt of the order. The said stay order passed by the Tribunal was challenged by the appellants before the Hon. Allahabad High Court, and the Allahabad High Court via Order dated 24th June, 1991, had set aside the order passed by the T...


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