Delhi Court November 1991 Judgments
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Nathi Etc. Vs. Gaon Sabha Through D.L.M.O. and anr.
Court: Delhi
Decided on: Nov-29-1991
Reported in: 46(1992)DLT140
D.P. Wadhwa, J. (1) This appeal arises out of a common judgment of the learned Additional District Judge dated 22 February, 1986. By this judgment the learned Addl. District Judge decided as many as 7 references made to him under Sections 30 and 31 of the Land Acquisition Act, 1894. These references bear Nos. 28/84, 36/84, 245/84, 247/84, 249/84, 257/84 and 36/84. Sher Singh in Lac 257/84, filed an appeal against that judgment, which was listed as Rfa 167/86. By judgment dated May 30, 1991 we allowed the appeal and held that the subject land was not 'waste land' within the Explanationn to Section 7(1) of the Act. In fact, we had followed our earlier view in Rfa 332/68 wherein we held that the order vesting the land in Gaon Sabha was non-est. It is not necessary for us to set out reasons in this judgment as following the judgment in appeal in Sher Singh's case we allow this appeal. Accordingly, the judgment dated 22 February 1986 of the learned Addl. District Judge is set aside and the ...
Neki Ram Sohan Dass Vs. Delhi Development Authority
Court: Delhi
Decided on: Nov-29-1991
Reported in: 46(1992)DLT74; 1992(22)DRJ137
S.C. Jain, J. (1) The facts giving rise to this writ petition are that the petitioner had been in occupation of land measuring 60 sq yards, hereinafter referred to as the premises in the locality of Motia Khan, where he had been carrying on the business of metal and scrap since 1.1.1960. Many other persons like the petitioner had also been occupying and carrying on the business in different premises in the said locality of Motia Khan. (2) That in the master plan the Dda, respondent herein framed a policy to allot land for the occupants dealing in metal and scrap in the newly developed Loha Mandi, Naraina, known as Naraina Warehousing Scheme. It was on 16.5.68, that a decision was taken to allot a plot of land measuring 250 sq yards in Naraina Industrial Scheme Phase Ii to the petitioner in lieu of the plot occupied by them in Motia Khan. It was communicated to the petitioner vide latter Annexure P7 but, later on, on 12.6.68 the said allotment was cancelled with the information that som...
Om Prakash Vs. Administrator and ors.
Court: Delhi
Decided on: Nov-29-1991
Reported in: 46(1992)DLT566
Sunanda Bhandare, J.(1) This petition has been filed by the petitioner challenging the detention order dated 15.6.1990 passed in the name of the Administrator, Union Territory of Delhi under Section 3(i) read with Section 2(F) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as COFPPOSA). (2) The petitioner was employed as Aerobridge Operator with the International Airport Authority of India at the Indira Gandhi International Airport, New Delhi. On 5.2.1990 one Ajit Singh was apprehended in the Immigration Hall and in his statement under Section 108 he stated that he was to hand over gold of about I kg. to a person in blue uniform. The petitioner who was on duty on that day was arrested by the Customs (Preventive) Officer on an allegation that he was helping Ajit Singh in smuggling gold. The petitioner in his statement under Section 108 of the Customs Act denied that he knew Ajit Singh and also denied having any connectio...
Amar Woollen Mills Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-28-1991
Reported in: (1992)(61)ELT745TriDel
1. The learned Advocate, Shri R.C. Singh for the applicant has stated that it is not really an application for condonation of delay and this appellation of COD application has been given by the Registry.According to the understanding of the applicant, there is no delay inasmuch as the impugned order No. 6/88, dated 29-10-1987 was received by the appellants/applicants on 17-2-1991 and the appeal has been presented to the Tribunal on 27th February 1991. The application, according to the learned Advocate, merely explains the delay in the date of communication or the receipt of the impugned order. He submits that the operative part of the order was communicated by endorsement of the bill of entry, but as per the usual practice, they were expecting that a detailed order with all the reasons given for confiscation of goods and imposition of penalty would be delivered to them. Since they did not receive the said order, they applied for a copy on 12-2-1991 and the certified copy of the order ...
Oriental Bank of Commerce, Connaught Place Vs. S.R. Kishore and Co. an ...
Court: Delhi
Decided on: Nov-28-1991
Reported in: AIR1992Delhi274; I(1992)BC21
Mohd. Shamim, J.(1) This is a suit for recovery of a sum of Rs. 1.00.356.16 Paise together with pendente lite and future interest.(2) The plaintiff in the present case is a nationalised bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act (40) of 1980 with its head office at Harsha Bhavan, 'E' Block, Connaught Place, New Delhi. It has got one of its branches at Block 'A', 30-33, Connaught Place, New Delhi. Shri S. C. Kapoor is the Senior Manager and one of the principal officers of the said branch. He is as such fully conversant with the facts and circumstances of this case. He also holds a power of attorney on behalf of the plaintiff bank and as such is competent to sign and verify the plaint and to institute the present suit. He has also been authorised vide resolution No. F. 17(7), dated 30-7-1983 to institute the instant suit. The defendant No. I on the other hand is a partnership firm, it deals in the wholesale and retail business of silk and...
indu Gupta Vs. Sanjay Kumar Gupta
Court: Delhi
Decided on: Nov-28-1991
Reported in: 46(1992)DLT143; I(1992)DMC164
P.N. Nag, J. (1) The petitioner has filed this Revision against the order of Addl. Sessions Judge Delhi dated 18-2-1989 whereby the petitioner wife has been granted Rs. 300.00 per month for maintenance of the child with effect from the 13-8-1988 and litigation expenses fixed at Rs. 750.00 and nothing has been granted as maintenance to her. (2) It is the admitted case of the parties that the respondent is a Junior Engineer in D.D.A. and is drawing Rs. 2,377.88. In the normal course the Court should have granted maintenance to the wife petitioner also having regard to the earning capacity of the respondent husband but what appears to have weighed in the mind of the Court that there is a house in the name of the petitioner's wife which has been sold for Rs. 2 lacs and, thereforee, according to the trial Court she is not without any income. (3) From the judgment it appears that the flat in Rohini was purchased in her name on the basis of the power of attorney but it does not show that It b...
Collector of Central Excise Vs. Jay Engineering Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-26-1991
Reported in: (1991)LC334Tri(Delhi)
1. The above-captioned appeal was dismissed for non-prosecution vide order No. 267/91-A dated 9th May, 1991. By the present application, the applicants have made a prayer for the recalling of the order passed by the Tribunal. Shri A.K. Singhal, the learned JDR has appeared on behalf of the appellant. He pleaded that the original adjudication was done by the Assistant Collector, Hyderabad. Shri Singhal pleaded that the matter is very old one and is a review show cause notice issued by the Department to be treated as an appeal. The appellant could not get the necessary papers due to reorganisation of the divisions from time to time. This resulted in the delayed submissions of the papers. He pleaded that there is no wilful neglect or omission on the part of the appellant and the appellant was prevented by sufficient cause for non-prosecution. He pleaded for the recalling/restoration of the appeal.2. Shri P.K. Ram, the learned advocate who has appeared on behalf of the respondent stated t...
iol Ltd. Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-26-1991
Reported in: (1992)(38)ECC377
1. This is an appeal preferred against the proceedings in S 37C(Misc.)-31/91A(6) dated 25-3-1991 passed by the Assistant Collector of Customs, Apprg. Group, Calcutta.2. At the outset the doubt has arisen whether the proceedings can be construed as an adjudication proceedings and if so, whether appeal lies to the Tribunal. The contents and form of the proceedings in question are relevant to decide the issues and, accordingly, it is reproduced as under:- Sub : Registration of contract case of P.O. No. Imp/PD/455 dt. 30-71990 - Isolation valves & Control Valves. You are hereby informed that Isolation Valves and Control Valves may not be acceptable for project benefit in view of stipulation 4(a) of PN 461/86-Cus of this Custom House, read with PIR '86 since the licence is not specifically issued in the name of the importer covering the project Angle and Collector has specifically directed that contract benefit is not available for the goods, imported under cover of REP Licence.3. Shri...
Hcl Ltd., in Re Hcl Hewlett-packard Ltd., in Re
Court: Delhi
Decided on: Nov-26-1991
Reported in: [1994]80CompCas228(Delhi)
Arun B. Saharya, J. 1. An application, being C.A. No. 428 of 1991 was filed on May 29, 1991, by the petitioners under section 391 of the Companies Act, 1956 (hereinafter referred to as 'the Act'), seeking directions to hold meetings of the equity shareholders; secured creditors and debenture holders; unsecured creditors and fixed deposit holders; and statutory creditors of the first petitioner, namely, HCL Limited, a public limited company incorporated under the Act (hereinafter referred to as 'the existing company') and the equity shareholders of the second petitioner, namely, HCL Hewlett-Packard Ltd., also a public limited company incorporated under the Act (hereinafter referred to as 'the new company') for approving with of without modification, a scheme of arrangement between the existing company and the new company and their respective shareholders. 2. By on order dated May 30, 1991, directions were given for holding separate meetings of the above-mentioned classes. Individual not...
Ravi Sharma Vs. Delhi Development Authority
Court: Delhi
Decided on: Nov-26-1991
Reported in: 46(1992)DLT629
Usha Mehra, J.(1) The suit on behalf of Ravi Sharma was filed by Shri Hem Chand Mittal, special attorney. The suit is against Delhi Development Authority for settlement of accounts and declaration. The point raised was whether the attorney could after the institution of the suit plead the same in person on behalf of the plaintiff. (2) To understand this point, brief facts of the case are that Ravi Sharma was allottee of flat No. 2087 in Pocket-11, Sector-D, Vasant Kunj Self Financing Scheme of Delhi Development Authority (hereinafter called the DDA). Mr. Ravi Sharma authorised his father-in-law, Sh. Hem Chand Mittal to institute this suit as his lawful attorney. The plaintiff who had registered himself for category Ii (two bed rooms) also was required to deposit a sum of Rs.10,000.00 with the DDA. When the procedure for allotment of flats was commenced plaintiff filed an application for allotment of category Ii plot. He also indicated his preference of different localities and schemes....
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