Delhi Court March 1991 Judgments
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N.D. Hyder Ali Vs. Union of India and ors.
Court: Delhi
Decided on: Mar-15-1991
Reported in: 1991CriLJ2997; 1991(2)Crimes570; 44(1991)DLT428
V.B. Bansal, J. (1) With a view to preventing him from abetting the smuggling of goods the Government of Kerala found it necessary to make an order directing N.A. Hyderali to be detained in exercise of the powers conferred under S. 3(l)(ii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short the Act). Accordingly an order dated 19th August, 1989 was issued under the signatures of Commissioner and Secretary to the Government (Home). This order of detention was served on the petitioner on 5th May, 1990, the day on which the grounds of detention and the documents relied upon were also served upon him. (2) By way of this petition under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, the petitioner has prayed that the said order of deletion may be set aside and he be ordered to be released forthwith. (3) On 27th May, 1989 one P. Madhavan appeared at the Customs counter in the Air Cargo Complex, Tr...
Monika India Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Mar-14-1991
Reported in: (1991)(35)LC145Tri(Delhi)
1. This is a stay application filed with reference to the order of the Additional Collector of Customs, New Delhi dated 31.8.1990.2. The learned senior advocate Shri. P. Chidambaram stated that in this case they had imported polyester fibre both with prime quality and waste under an advance licence issued under the DEEC Scheme. They have utilised this material for producing products in the form of synthetic silver/tops and presented them for export within the time allowed. The Delhi Customs had okayed the same and as it was to be shipped from Bombay, the consignment was also presented subsequently to the Bombay Customs. Samples were drawn and goods were allowed to be exported subject to test results.3. Earlier the Delhi Customs had also drawn samples and sent them for testing.4. The department has made out this case on the ground that the conditions under which the polyester fibre was originally allowed to be imported have not been fulfilled and the goods have been misdeclared at the ...
Ravinder Kumar Vs. State
Court: Delhi
Decided on: Mar-14-1991
Reported in: 44(1991)DLT249
S.C. Jain, J. (1) This appeal and Cr. Appeal No. 68/89, Rajesh & Pahari v. Slate have arisen out of the same judgment passed by the Addl. Sessions Judge on 21.12.1987, and thereforee, I dispose of both these appeals by this common judgment. (2) In brief the facts giving rise to these appeals are that on 4.3.85, at about 11.15 p.m. Zaidavar, hereinafter referred to as the complainant, was going to bus stand of Plaza cinema via Panchkuin Road. When he was 15 to 20 steps ahead from the crossing of outer road of Connaught Circus and Panchkuin Road the appellants apprehended him. They were armed with knives and they threatened and robed the complainant of Rs. 25.00 which he was having in his pocket wrapped in a pay slip, and a wrist watch. He raised an alarm and a police bead constable and some public persons reached there and they chased the appellants. One of the appellants, Rajesh & Pahari succeeded in running away. whereas Ravinder Kumar was apprehended on the spot and from his possessi...
Elecon Engineering Co. Ltd. and anr. Vs. Assistant Director, Enforceme ...
Court: Delhi
Decided on: Mar-14-1991
Reported in: 44(1991)DLT209
M.C. Jain, C.J.(1) Rule D.B. (2) This petition is directed against the Opportunity Notices, Annexures 'T', 'U', 'V', 'W' dated 28th November, 1990, and a threatened action on the part of the respondents to launch prosecution proceedings against the petitioner under Section 61 of the Foreign Exchange Regulation Act, 1973. The apprehension of the petitioner is that in the adjudication proceedings, it has been found by respondent no. 1 that there was no permission available with the petitioner and against the adjudication order, the petitioners have preferred an appeal before the F.E.R.A. Board. Having recorded the findings in the adjudication proceedings. Opportunity Notices in terms of proviso to Section 61(2) have been given to the petitioner. According to the petitioner, serving of Opportunity Notices is only an empty formality and prosecution is imminent under Section 61(2)(ii) and complaint in writing is likely to be made by the Directorate of Enforcement, It may be stated that Oppo...
New India Assurance Co. Ltd. Vs. Motor Replacement Co. and ors.
Court: Delhi
Decided on: Mar-14-1991
Reported in: I(1991)ACC657; 1991ACJ928; 44(1991)DLT190; 1991RLR246
R.L. Gupta, J. (1) The claim for compensation in this appeal was filed by the widow, three sons and a daughter of the deceased Mahesh Parsld Verma who unfortunately died in aroad accident at Alipur Road Delhi near Police station Civil Lines on 6.9.71 at about 7.15 PM. The deceased was sitting on the pillion seat of Motor Cycle DLM-7418 driven by Shiv Narain Gupta when car No. Dlk 3406 driven by Gian Singh, respondent recklessly and negligently at a fast speed struck against the Motor cycle. The deceased received numerous injuries as a result of which he died in Irwin Hospital on 10.9.71. Tribunal vide its judgment dated 19.1 80 awarded a total amount of Rs. l,03,680.00 . He allowed a sum of Rs. 19.680.00 to be given to the daughter Miss Kapila Verma as expenses likely to be incurred on her marriage. The remaining amount of Rs. 84,000.00 was apportioned as follows :- 1.Rs. 31.680.00 to the daughter Ms. Kapila Verma 2. Rs. 20,000.00 to Rakesh Verma 3. Rs. 30,000.00 to Sudhir Verma and 4....
Indian Metals and Ferro Alloys Vs. Collector of Cus. and C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Mar-13-1991
Reported in: (1991)(55)ELT54TriDel
1. M/s. Indian Metals and Ferro Alloys Ltd. has filed an appeal being aggrieved from order-in-original No. 2/Cus/EOU/BBSR/85, dated 10-5-1985 passed by Collector of Customs and Central Excise, Bhubaneswar. Shri K.Narasimhan, learned Advocate has appeared on behalf of the appellants.He pleaded that Indian Metals and Ferro Alloys Ltd. is a 100% export oriented unit at Theruvali District, Koraput for the manufacture of Charge Chrome, Ferro Silicon and Silicon Metal by following the scheme and procedure applicable to 100% export oriented undertakings announced by the Government of India, Ministry of Commerce vide Resolution No. 8 (15)78-EP, dated 31-12-1980. He further stated that the assessee had imported capital goods, raw materials, component parts and procured indigenous excisable goods by availing the exemption of duties of Customs in terms of Notification No. 13/Cus/81-C.E., dated 9-2-1981 and Central Excise duties under Notification No. 123/81-C.E., dated 2-6-1981. Shri K. Narasimh...
Shri Phool Chand Sardana Vs. Delhi Development Authority and Others
Court: Delhi
Decided on: Mar-13-1991
Reported in: AIR1991Delhi265; 44(1991)DLT145; 1991RLR265
ORDER1. In this writ petition the petitioner has sought a writ of certiorari for quashing the letter dated 12th December 1985 (annexure H to the writ petition) vide which respondent No. I Delhi Development Authority has decided to withdraw the offer made to the petitioner in the letter dated 26th November, 1985 (annexure G to the writ petition) according to which letter shop No. 31, Aurobindo Marg, Mehrauli Road, Delhi was allotted to the petitioner in lieu of shop No. 16, Madipur Janta Scheme, and also a writ of mandamus directing the respondents to deliver the possession of shop No. 3 1, Aurobindo Marg, Mehrauli Road, Delhi to the petitioner in accordance with the aforementioned letter of 26th November, 1985.2. The brief relevant facts giving rise to this writ petition are that the petitioner's shop bearing municipal No. A-1 1/ 127, Moti Nagar, New Delhi where he was carrying on business and earning his livelihood was demolished in 1976 by respondent No. I Delhi Development Authority...
Ashok Popli Vs. Indian Airlines
Court: Delhi
Decided on: Mar-13-1991
Reported in: 44(1991)DLT307
M.C. Jain, J.(1) Rule D.B. (2) Heard learned counsel for the parties. The principal ground of the learned counsel for the petitioner is that the petitioner was not supplied the copy of the Inquiry Report and as such the punishment awarded is vitiated. He has placed reliance on a recent decision of the Supreme Court, : (1991)ILLJ29SC Union of India and others v. Mohd. Ramzan Khan. Their Lordships had held that no material could be used behind the back of the delinquent and as such copy of the Inquiry Report ought to be furnished before imposition of punishment. However, in para 17, their Lordships clearly stated that this authority shall have prospective application and no punishment imposed shall be open to challenge on this ground. In the present case, the punishment was awarded on 26th December, 1988. Though the principle enunciated by their Lordships o.f the Supreme Court in the aforesaid case helps the petitioner but in view of the observations made in para 17, the law laid down in...
Surinder Kumar and anr. Vs. Tajinder Kaur and ors.
Court: Delhi
Decided on: Mar-13-1991
Reported in: 1992ACJ583; 47(1992)DLT298; 1992RLR245
M.C. Jain, J.(1) ADMIT.(2) Heard learned Counsel for the parties.(3) We have perused the award of the Tribunal and the order of the learned Single Judge. The learned Single Judge did not interfere in the award of compensation. It may be stated that Counsel for the appellant confines this appeal to the question of compensation only and gives up the issue relating tonegligence.(4) The only issue that requires consideration is as to whether the amount of compensation awarded is on the higher side. According to the Counsel for the appellant, the learned Tribunal was wrong in adopting the multiplier as 40 and the Courts below are also wrong in taking Rs. 1000.00 as the monthly income of the deceased Harminder Singh. (5) We have considered the submissions of the learned Counsel for theappellant. However, we find ourselves unable to agree with the same. The deceased Harminder Singh was aged about 30 years on the date of accident.He was survived by four minor children and his mother. The only ...
Laxmi Devi Vs. Tej Ram and anr.
Court: Delhi
Decided on: Mar-13-1991
Reported in: 1991CriLJ1931; 44(1991)DLT468; 1991RLR269
P.N. Nag, J. (1) This order will dispose of three C.M.(M) Nos. 270 to 272 of 1989 as the impugned order in all the three petitions is common. (2) In this petition under Article 227 of the Constitution of India the petitioner seeks quashing of the order dated 6th May, 1989 whereby on the basis of the findings given by the trial Court on the application filed by respondent No. I under Section 340 of the Code of Criminal Procedure, the learned trial Court has set aside the judgment and decree delivered in. Suit No. 34/86. ) (3) In Suit No. 34/86 a degree was passed on 1st April, 1986 by Shri P R Thakur, Additional District Judge, Delhi whereby a decree for declaration was passed in favor of the plaintiff and against the defendants to the effect that Khasra No. 227 I/I 342/624 in village Chandrawali alias Shahdara Delhi be read as Khasra No. 2941/122 which actually corresponds to municipal No. 573 G.T. Road, Shahdara, Delhi-110032 in the sale deed registered at document No. 57 in Addl. Boo...
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