Delhi Court December 1991 Judgments
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Amrita Ahluwalia Vs. Union of India and ors.
Court: Delhi
Decided on: Dec-12-1991
Reported in: 1992CriLJ1906
B.N. Kirpal, J. (1) In this writ petition the main contentions raised are (1) that the question of custody of a girl Ameena Begum be referred to and decided by the Juvenile Board at New Delhi; and (2) declare Section 10(i) of the Hindu Adoption and Maintenance Act, 1956 as ultra vires.(2) Briefly stated, the facts are that on 10th August, 1991 one girl namely, Ameena Begum was found in the flight from Hyderabad to Delhi by the petitioner, who was the Air Hostess on that flight. The petitioner believed that Ameena Begum was illegally married off to an Arab national Mr. at Segeih. The said at Segeih was apprehended and produced before the Magistrate on that date and Ameena Begum was sent to the Nari Niketan. Thereafter, some proceedings were initiated and pursuant to an order passed by this Court, Ameena Begum was shifted to the Children's Home. The petitioner then applied to the Court of Addl. Chief Metropolitan Magistrate, New Delhi for custody of Ameena Begum. Towards the end of Augus...
NaraIn Dass R. Israni Vs. Union of India and ors.
Court: Delhi
Decided on: Dec-12-1991
Reported in: 1992(1)ARBLR405(Delhi); 48(1992)DLT297; 1992(22)DRJ27
Usha Mehra, J.(1) The arbitrator, Shri N.H. Chandwani, respondent No. 2 filed his award and the proceedings. Notice of the filing of the award was issued to MIS. Narain Doss R. Israni, the petitioner as well as to the Union of India, respondent No. 1. Union of India was served with the notice of the filing of the award on 15th February, 1991. The case was taken up by the Deputy Registrar on, 19th March, 1991 but no objections on behalf of the Union of India were filed. So far as the petitioner was concerned, they wanted the award to be made a rule of the Court. Later on, On 16th April, 1991, the Union of India filed the objections along with an application under Section 5 , the Limitation Act. It is this application, which has come up for consideration before this Court. Notice of this application was issued to the petitioner, who has contested the same on the ground, that the objections now sought to be filed are barred by time. The following issue was framed to determine this applica...
Premier Credits Limited Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Dec-11-1991
Reported in: (1992)(41)LC38Tri(Delhi)
1. M/s. Premier Credits Limited has filed an appeal being aggrieved from the order passed by the Collector of Central Excise, Indore. The said appeal was received in the Registry on 11.6.1991 and simultaneously a stay application duly supported by an affidavit was also filed. The stay application filed by the applicants was disposed of by the order No. 144/91-C dated 5.8.91 and the Tribunal had ordered the payment of both the duly and penalty amount and had dispensed with the pre-deposit of the penalty involved. Being not satisfied with the order passed by the Tribunal the applicants had challenged the same before the Hon'ble Delhi High Court by way of a Writ Petition No.CW-3131/91 dated 8.10.91. The order passed by the Hon'ble Delhi High Court appears at page 37-38 of the paper book is reproduced below: The case of the petitioner is that it is preparing thinner by manual process without using any power. In order to consider the application for slay, Customs, Excise & Gold (Contro...
New India Assurance Co. Ltd. Vs. Pushpa Kakkar and ors.
Court: Delhi
Decided on: Dec-10-1991
Reported in: 1993ACJ328; 47(1992)DLT138; 1992RLR340
Santosh Duggal, J.(1) Smt. Pushpa Kakkar and other legal heirs ofthe deceased Surender Mohan Kakkar has filed the petition u/Sec. I 10-A of theM.V.A. claiming compensation amount of Rs. 21,00,000.00 from the respondentson account of the death caused due to the motor vehicle accident.(2) The short facts of the case as per the petitioners are that Sh.Surender Mohan Kakkar deceased aged about 42 years was working as SectionOfficer of the Govt. of India, Ministry of Home Affairs on a monthly salary ofRs. 4,200.00p.m. The petitioner No. 1 is the widow of the deceased and petitioner No. 2 is the minor son and petitioners No. 3 & 4 are the parents of thedeceased who were all dependent on the deceased. On 21-10-88 at about3.40 p.m. the deceased was going on his two wheeler scooter No. Dbk 491from his office towards his home at Vikaspuri and when he reached near KirbyPlace opposite police station a police picket was installed by the police authorities for the purpose of routine checking and in ...
Harbhajan Singh Jaura @ Doctor Vs. Union of India and ors.
Court: Delhi
Decided on: Dec-10-1991
Reported in: 46(1992)DLT82
Sunanda Bhandare, J.(1) This petition under Article 226 of the Constitution of India been filed challenging the order of detention dated 29.7.1991 passed by the Joint Secretary to the Government of India under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as COFEPOSA). (2) The brief facts are as follows : The petitioner was arrested by the Directorate of Revenue Intelligence on 17.7.1991 when acting on intelligence, the officers of the Directorate Revenue Intelligence intercepted two white Maruti cars bearing Registration No. DL-3C-B-3050 and DL-4C-1957 in front of Cargo Complex near Indira Gandhi International Airport. -On search of Car No. DL-3C-B-3050gold bearing foreign marking was recovered. It is alleged that the said gold was smuggled into India by one Gurdip Singh who travelled to India from Hong Kong by Air France Flight AF-183. The petitioner was traveling in Car No. DL-4C-1957 Along with one Raj...
Ram Inder Vs. State
Court: Delhi
Decided on: Dec-09-1991
Reported in: 46(1992)DLT153
V.B. Bansal, J. (1) Ram Inder has been arrested by the police of P.S Zaffarpur, Delhi for the offences under Secs. 302/201 Indian Penal Code in Fir 72 of 1991 and is at present in custody. (2) By way of this application he has prayed for being released on bail. (3) The case has been registered on the basis of statement of Jagbir Singh and briefly stated the allegations against the petitioner have been that on 10th September, 1991 he was driving full body Truck No. DL-10 5988 and hit against the Scooter No. DL-4S C-0754 driven by Ashok Kumar who fell down and thereafter the petitioner got down from the truck and subsequently moved it in the back direction crushing aforesaid Ashok Kumar under the back wheel of the truck. He, thereafter, escaped from the spot driving away the said truck. (4) Learned Counsel for the petitioner has submitted that the petitioner was born on 11.3.1976 and in this way he was less then 16 years of age on the date of the incident and, thus, a juvenile within the...
Satinder Pal Singh Vs. Union of India and ors.
Court: Delhi
Decided on: Dec-09-1991
Reported in: 46(1992)DLT168; 1991(1)DRJ(Suppl)267
G.M. Nayyar, J. (1) Rule D.B. Since a very short point is involved, we proceed to decide the writ petitions (2) This petition is directed against the order dated 30th July, 1990 passed in exercise of the powers conferred vide sub-Section 3 of the National Security Act. 1980. The order of detention was issued with a view to prevent the petitioner from acting in any manner prejudicial to the maintenance of the public order. The grounds served upon the petitioner stated that he was an active bad character of the area of Police Station Karol Bagh who indulged in the acts of violence, attempt to murder, criminal intmidation, robbery, theft, riots and offences punishable under the Aims Act. He was involved in the following criminal casts in the area of Union Territory of Delhi. ___________________________________________________________________________ Year Si. Fir No. & P.S. Dated Under Sec. Result ___________________________________________________________________________ 1986 1. 57, Roshn...
Munawari Begum and ors. Vs. Kishan Kumar and ors.
Court: Delhi
Decided on: Dec-07-1991
Reported in: 1992ACJ1122; 49(1993)DLT236
J.K. Mehra, J.(1) This is an application under Order 41 Rule 33read with Section 151 of the Code of Civil Procedure wherein the appellants have prayed as under : 'That it is essential in the interest of justice and in order to arrive at the fair amount of compensation payable to the claimants,that the aforesaid submissions which are based on facts on the record and which are based on the law laid down by the variousCourts, may be taken into consideration by this Hon'ble Court and the appeal may be heard on all the points raised by the appellants in their Grounds of Appeal and the appellants may be awarded the amount of Rs. 1.50,000.00 as compensation carrying interest @ 15%per annum w.e.f. the date of filing of the petition till payment.Any other relief which this Court deems fit and proper under the circumstances of the case may also be granted to theappellants.'(2) In this case, the age of the deceased at the time of his death in the accident in question was held to be 42 years and t...
Commissioner of Wealth-tax Vs. R.S. Tandon and Others
Court: Delhi
Decided on: Dec-06-1991
Reported in: (1992)103CTR(Del)228; ILR1992Delhi638; [1992]195ITR397(Delhi)
Arun Kumar, J.1. The Tribunal has referred the following question for the opinion of this court under section 27 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 upholding the order of the Commissioner of Wealth-tax (Appeals) deleting the addition of Rs. 10,51,151 on account of reversionary value of land made to the value of the property known as 'Wenger's Building' ?' 2. The facts giving rise to the above reference being made to this court are that Wenger's Building was purchased by the firm, Wenger and company, from Dayal Sing Trust Society and Shri Mool Chand Kharaiti Ram Trust, vide sale deeds dated March 9, 1962, and September 28, 1963, for Rs. 3,90,000 and Rs. 1,50,000, respectively. The total consideration thus comes to Rs. 5,40,000. The building was constructed some time during the year 1930 on a plot of land measuring 1051 sq. yds. having two storeys. Before the ...
Commissioner of Wealth-tax Vs. A.K. Tandon and Others
Court: Delhi
Decided on: Dec-06-1991
Reported in: (1992)103CTR(Del)42; ILR1992Delhi996; [1992]198ITR26(Delhi)
Arun Kumar J.1. This judgment will dispose of a bunch of references under section 27 of the Wealth-tax Act, 1957, pending in this court. 2. The assessed are partners in a firm known as Messrs. Wengers and Co., which owns A-15 and A-16, Connaught Place, New Delhi, known as Wengers Building. The Wealth-tax Officer, while making the assessment, accepted the assesses' claim that, in respect of the assesses' share in the said immovable property owned by the firm, they were entitled to exemption under section 5(1)(iv) of the Wealth-tax Act, 1957 (hereinafter referred to as 'the Act'). However, the Commissioner of Wealth-tax was of the opinion that the order of the Wealth-tax Officer allowing the exemption under section 5(1)(iv) to the extent of rupees one lakh was erroneous and, thereforee, he served a notice on the assesses to show cause why the same should not be cancelled and the assessment be not made afresh by withdrawing the benefit of the exemption under section 5(1)(iv) of the Act. T...
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