Delhi Court April 1991 Judgments
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Bombay Ammonia Pvt. Ltd. Vs. Employees State Insurance Corporation and ...
Court: Delhi
Decided on: Apr-19-1991
Reported in: 44(1991)DLT481; [1991(63)FLR866]; 1991LabIC1893; (1995)IIILLJ848Del; 1991RLR437
Santosh Duggal, J. (1) In this appeal filed under Section 82 of the Employees State Insurance Act, 1948 (hereinafter referred to as 'the Act'), the appellant has challenged the judgment passed on 2nd May, 1974 by the Employees State Insurance Judge, on a petition filed by them under Section 75 of the Act. The said petition was filed as a sequel to issuance of demand notice of 4th October, 1972 by the regional office of the Employees State Insurance Corporation, Kotla Road, New Delhi (for short 'the Corporation'). The Collector of Delhi was requested to effect recovery of a sum of Rs. 13,711.00 plus Interest with effect from 1st October, 1972 from the appellant, M/s. Bombay Ammonia Pvt. Ltd., for the period 28th January, 1968 to 31st December. 1970. There was another recovery certificate issued to the Collector of Delhi by the aforesaid office on the same day, namely, 4th October, 1972, for recovery of Rs. 17,964.00 plus interest with effect from 1st October, 1972 for the period ending ...
Chet Ram and ors. Vs. Union of India
Court: Delhi
Decided on: Apr-19-1991
Reported in: 44(1991)DLT378
Usha Mehra, J.(1) Questions involved in these two appeals by Letters Patent, No. 137 and 138 of 1980, are whether two sets of rates can be fixed of the land acquired by the same notifications situated in the same revenue estate where in one reference the party is a coloniser and in another an ordinary farmer; and secondly can the appellants be deprived of the fixation of same rates of compensation (which were awarded to an adjacent land similarly situated and acquired by the same notification) as in the case of Regular First Appeal No. 55/70 Raghbir Singh v. Union of India. Since, these appeals have arisen from a common judgment and involve common questions, thereforee, are disposed of vide one order. (2) The facts, material for the purposes of these appeals, may, now be briefly indicated. (3) The appellants land in Letters Patent Appeal No. 137 of 1980 measuring 90 bighas 10 bids was and l/24th share in 85 bighas 17biswasin Shamlaat Deh and in Letters Patent Appeal No. 138 of 1980 mea...
Karam Chand Puran Chand Vs. Union of India
Court: Delhi
Decided on: Apr-19-1991
Reported in: 44(1991)DLT407
S.B. Wad, J.(1) Shamshad Manjil, two storeyed building, on the Plot measuring 5556 Sq. Yds., was acquired by Delhi Administration by Section 4 a notification on 24.8.1962. The property is owned by Karam Chand, Puran Chand, Ram Krishan and Smt. Kirpal Kaur each having l/4th share in the property. They have filed the present appeals against the judgment of the learned Additional District Judge dated 11th March, 1968. The Land Acquisition Collector in his award dated 4th December, 1963 had fixed the market value of the property (building as well as land) at Rs. 2,ll,040.00 . The Additional District Judge raised compensation amount to Rs. 3,16,034.00 . The Claimants/appellants have claimed compensation for land of Rs. 16,94,580.00 , at the rate of Rs. 350.00 per sq. yd. They have also claimed Rs. 4,30,000.00 as compensation for the building. Appeal No. 406/68 is filed jointly by Karam Chand Puran Chand. Appeal No. 284/68 is filed by Ram Krishan and Appeal No. 19/1969 is filed by Smt. Kirpa...
P.K. BhasIn Vs. Union of India and ors.
Court: Delhi
Decided on: Apr-19-1991
Reported in: ILR1992Delhi116; 1991LabIC1904
Santosh Duggal, J.(1) The petitioners in the two writ petitions are practicing advocates at Delhi. the High Court of Delhi (respondent No. 3) issued an advertisement (AnnexureB-l) in December, 1987 inviting applications from practicing advocates for filling up vacancies in the Delhi Higher Judicial Service (for short 'the Service'), falling in the quota of direct recruits. The vacancies advertised were four in number, two of which were stated to be reserved for Scheduled Castes and two for Scheduled Tribes; one of the vacancy of Scheduled Tribes being exchangeable to a candidate belonging to Scheduled Castes. Alternatively, it was notified that these vacancies would also be open to general category candidates, who would be considered for appointment in the event of suitable candidates not being available in the reserved category. Both the petitioners state to have applied in response to the aforesaid advertisement and were called for interview on 7th October, 1988 before the Selection ...
Smt. Shanta Kumari Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Delhi
Decided on: Apr-18-1991
Reported in: (1991)38ITD175(Delhi)
1. These four appeals are directed against the consolidated order of AAC, Ambala and the issue involved is common. We accordingly find it convenient to dispose of these appeals by this consolidated order. The brief facts are as under.2. Shri Jagdish Chander along with three other family members purchased 30 acres of agricultural land in consideration of Rs. 1,80,000 during the accounting period relevant to assessment year 1977-78. The said members were partners of two firms. An amount of Rs. 6,400 had been invested by these four members in the purchase of land and the rest of the amount was stated to have been met out of loans procured from agriculturists. The names of creditors along with complete addresses were furnished before the Assessing Officer. Affidavits from the agriculturists were also furnished. The creditors were produced before the Assessing Officer and the latter recorded their statements. The creditors reaffirmed having advanced loans to the four family members for the...
Ansal Properties and Industries (P) Ltd. Vs. Chander Bhan Kohli and or ...
Court: Delhi
Decided on: Apr-18-1991
Reported in: 44(1991)DLT316
M.C. Jain, J. (1) Heard learned counsel for the parties. (2) Rule D.B. (3) By this writ petition, the petitioner seeks to challenge the jurisdiction of the Consumer Dispute Redressal Forum in respect of the complaint submitted against the petitioner. According to the petitioner, no complaint in respect of any immovable property could be entertained by the State Commission. According to the petitioner, any matter relating-to an immovable property is neither a service nor goods and so, the State Commission or the machinery provided under the Consumer Protection Act has no jurisdiction. We have been informed that the National forum has already expressed its opinion and has found that the machinery provided under the Consumer Protection Act has jurisdiction in such like complaints or matters relating to immovable property. That law provides appeal to the Supreme Court against the order passed by the National Commission. The petitioner can raise the question of jurisdiction before the State...
Ram Singh Vs. State
Court: Delhi
Decided on: Apr-18-1991
Reported in: 44(1991)DLT541
R.L. Gupta, J. (1) This appeal Is directed against the judgment dated 24.5.76 of the Additional Sessions Judge, Delhi by which he found the appellant guilty under Section 474 of the Indian Penal Code on two counts and sentenced him to undergo Ri for 3 years on each count. The sentences, however, were directed to run concurrently. (2) The appellant Along with four other accused persons was prosecuted for offences under Section 120B read with Sections 420, 467/471 and 474 IPC. The Director General, Postal Services, Delhi Circle received intimation from the British Postal Authorities, Chesterfield through the Director of Audit and Accounts P & T, Delhi that British Postal Orders (BPOs for short) of Pounds 5 denomination each having series Ff 48, Ff 51 and Ff 69 received by that office for payment were forged. They were 1076 in all which were received by the Agent, State Bank of India, Okhla Industrial Estate, New Delhi on 21.1.1966 and 22.1.1966 from Okhla Industrial Estate Sub-Post offic...
Punjab and Sind Bank Vs. Kmt Automobiles
Court: Delhi
Decided on: Apr-18-1991
Reported in: 1991RLR297
M.L. Verma, J.(1) This is a suit filed by the plaintiff U./Order 34, Civil Procedure Code for the recovery of Rs. 2,50,035.50 P together with interest pendente lite and future interest after the date of the decree and costs of the suit. Initially no W/S had been filed and the plaintiff had moved an application U/Order 8 Rule 10 being I.A. 9185/87. However, thereafter W/S was allowed to be filed on payment of Rs. 500.00 as costs. W/S has been filed by deft. 1 & 2. The plaintiff filed 19 documents in all, (Ex. P-1 to P-19).(2) In the W/S it is alleged that the plaintiff bank had to insure properly bearing No. 22-B, Ganesh Chandra Avenue, Calcutta, and that they failed to do so. The property in question got burnt in a fire on 4.4.1979 and the deft. suffered loss of approximately Rs. 91,176.15 P. However, the deft. has not made any claim for adjustment or set off for the alleged loss owing to the fire. This is obviously because the suit has been filed on 17.12.86 and by that date the claim...
Ramesh D. Shah Vs. Union of India and ors.
Court: Delhi
Decided on: Apr-18-1991
Reported in: 44(1991)DLT395
V.B. Bansal, J. (1) The Officers of the Cochin Customs House were keeping a watch on the movement of Shipping Bill No. 0766 dated 15th November, 1989 for export of 100 bundles of Galvanised Fencing wire and 86 Pellets of M.S. Grills hand-made by M/s.Taraporewala Engineers, Bombay on the basis of suspicion. Cargo was presented for examination in the Ernakulam Wharf at Q. 7 Shed on 16th November, 1989. The Officers of the Customs House searched Room No. 315 of Hotel Dwarka in the occupation of Ramesh D. Shah and Bachan Singh Vig. This search led to the recovery of some incriminating documents which were seized. On enquiry, both Ramesh D. Shah and his companion Bachan Singh Vig admitted concealment of Hashish inside the Pellets of M.S. Grills. (2) Accordingly, on 17th November, 1989, at Q-7 Shed of Ernakulam Wharf Cochin Port, a consignment of 186 packages declared to contain 100 bundles of Galvanised Fencing wire and 86 pellets of M.S, Grills hand-made U.S.A. under Shipping Bill No. 0766...
Commissioner of Income-tax Vs. S.P. Chopra
Court: Delhi
Decided on: Apr-16-1991
Reported in: [1991]191ITR455(Delhi)
M.C. Jain, C.J. 1. This reference has been made by the Income-tax Appellate Tribunal (Delhi Bench 'A'), arising out of the order of the Tribunal, in Income-tax Appeal No. 2602 of 1974-75, on the following question of law :- '(1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the half share of the assessed in property No. 1, Prithvi Raj Road, New Delhi, partook of the character of the property of the Hindu undivided family consisting of the assessed and his daughter right from the assessment year 1957-58 and continued to be so in the assessment year 1971-72 (2) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in excluding the income from half share of the property No. 1, Prithvi Raj Road, New Delhi, from the taxable income of the assessed ?' 2. A few relevant facts may, briefly, be noticed. It is not necessary to state the facts in details as the same appear in the statement of the case sent b...
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