Delhi Court April 1991 Judgments
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Saroj Kapur Vs. New Rajdhani Cooperative House Building Society Ltd. a ...
Court: Delhi
Decided on: Apr-09-1991
Reported in: ILR1991Delhi544b; 1991RLR413
P.K. Bahri, J. (1) In this suit seeking relief of declaration that the plaintiff is a member of defendant No. 1, New Rajdhani cooperative House Building Society and is entiled to allotment of a plot of land and for grant of mandatory injunction requiring the defendants to allow a plot of land to the plaintiff, appropriate to her membership, certain preliminary objections were raised to the maintainability of teh suit, which have been reduced into three preliminary issues as follows: '1.Is the present suit maintainable in view of the provisions of Section 60 of the Delhi Co-operative Societies Act? Opd 2. Whether the present suit can be filed without giving notice in terms of Section 90 of teh Delhi Cooperative Societies Act? Opd 3. What is the effect of the decision of this court in writ petition No. 1533/85 dated 30-3-1986 between the parties?'Issue NO. 1 (2) The case of the plaintiff, in brief, is that the plaintiff became member of defendant No. 1 society and was entitled to have th...
Mahmood Vs. State
Court: Delhi
Decided on: Apr-09-1991
Reported in: 1991(2)Crimes686; 44(1991)DLT229; 1991RLR287
S.C. Jain, J. (1) Facts giving rise to this appeal are that on 2.3.88, at about 4 p.m , a police party consisting of police officials of Police Station Chandni Mahal headed by Asi 0m Parkash were on patrol duty in the area. Asi 0m Parkash is stated to have a secret information that a person having large quantity of opium would come from the side of Chitli Kabar Chowk. This information was conveyed to Si P.P. Singh and it was reduced into writing. The raiding party of the police personnel Was formed and one passerby Purshottam Kumar Batra was also joined. Some nearby shopkeepers were asked to join the raiding party but they declined. The raiding party formed a picket at the corner of Gali Chamar Wali and Chitii Kabar. At 4.20 p.m the appellant was seen coming carrying a paper bag in his hand and he was accosted by the police party at the pointing of the informer. The appellant was informed of the information against him and the intention to search him. He was told that if he wished to b...
M/S. Chand Chits and Finance (P) Ltd. Vs. M/S. Super Advertisers and O ...
Court: Delhi
Decided on: Apr-08-1991
Reported in: AIR1992Delhi85
1. This appeal has been directed against the judgment/ order dt. 1 st April 1989 passed by Shri G. S. Dakha, Additional District Judge, Delhi whereby he has stayed the suit under S. 34 of the Arbitration Act, filed by the appellant-plaintiff, after holding that there is a valid arbitration agreement between the parties and the plaintiff can have his remedy by referring the dispute regarding non-payment of Installments to arbitration as per the arbitration clause.2. The appellant-plaintiff had filed a suit under the provisions of S. 37 of the Civil P.C. against the defendants for the recovery of Rs. 31,800/ - on the ground that defendant No. I became the subscriber of the chit fund the business which the appellant-plaintiff is transacting. Defendant No. I after he was declared prize bidder for the chit for the month of July, 1987, in the auction held on 25th July, 1987, was entitled to receive the chit amount less Rs. 15,200/- as bid amount and to pay Rs. 100/- towards incidental charge...
Ramesh Chand Bhardwaja Vs. Ram Parkash Sharma
Court: Delhi
Decided on: Apr-08-1991
Reported in: AIR1991Delhi280; 44(1991)DLT528; 1991(21)DRJ13
1. This appeal has been directed against the order dated 15th May, 1971 passed by Shri R. K. Sen, Sub-Judge, Delhi whereby the trial court has returned the plaint to the plaintiff for presentation before the court of competent jurisdiction after having found that the suit is not correctly valued for the purposes of court fee and jurisdiction and the value of the properties in dispute is about Rs. 1,00,000/-.2. The plaintiff had filed a suit for partition of properties Nos. 18 / 16A, 16/ 1 A, Tilak Nagar, New Delhi and A-12/17, New Market, Moti Nagar, New Delhi-15 and for rendition of accounts on the ground that the plaintiff and defendants I to 5 constitute a joint Hindu family and the plaintiff has I/ 6th share in the properties whereas defendants I to 5 have 1/6th each share in this property.3. Out of the pleadings of the parties, as many as eight issues were framed but Issue No. 4, which is relevant to determine the point in controversy is reproduced below:'4. Whether the suit is no...
Chand Chits and Finance (P) Ltd. Vs. Super Advertisers and ors.
Court: Delhi
Decided on: Apr-08-1991
Reported in: II(1993)BC75; 44(1991)DLT443
P.N. Nag, J.(1) This appeal has been directed against the judement/order dated 1st April, 1989 passed byShriG.S.Dakha, Additional District judge Delhi whereby he has stayed the suit under Section 34 of the Arbitration Act, filed by the appellant-plaintiff, after holding that there is a valid arbitration agreement between the parties and the plaintiff can have his remedy by referring the dispute regarding non-payment of Installments to arbitration as per the arbitration clause. (2) The appellant-plaintiff had filed a suit under the provisions of Section 37 of the Code of Civil Procedure against the defendants for the recovery of Rs. 3l,800.00 on the ground that defend ant No. I became the subscriber of the chit fund the business which the appellant-plaintiff is transacting. Defendant No. I, after he was declared prize bidder for the chit for the month of July, 1987, in the auction held on 25th July, 1987, was entitled to receive the chit amount less Rs. 15,200.00 as bid amount and to pa...
Anup Kumar Goyal Vs. Chanderkala Goyal
Court: Delhi
Decided on: Apr-08-1991
Reported in: 1991RLR279
Jaspal Singh, J.(1) Whether the Arbitrator has misconducted himself and the proceedings as alleged in the petition under section 30 of the Arbitration Act and if so, its effect (2) Whether the impugned award has been improperly procured or the same is otherwise invalid as alleged by the defendants If so, its effects. 2. Mr Arun Kumar Gupta, the learned counsel for the objectors was brief but to the point. He sought the setting aside of the award on three grounds. His first contention was that plaintiff No. 1 bad been making frequent visits to Lucknow to meet and influence the arbitrator and that it was during one of those visits that he had managed to procure the award. His second ground of attack was that the arbitrator had not followed any formal procedure and by neither recording any evidence nor maintaining a record of the proceedings, he had violated the principles of natural justice. In this connection it was submitted that the meeting held by the arbitrator on 22.1.88 was not jo...
Sanjay Verma Vs. State
Court: Delhi
Decided on: Apr-08-1991
Reported in: 1991(2)Crimes325; 1991(21)DRJ51; 1991(33)ECC243
R.L. Gupta, J. (1) This petition has been filed under Section 439 of the Code of Criminal Procedure (Code in short) praying for release of the petitioner on bail.(2) I have heard arguments advanced by learned counsel for the parties, The material facts in this case are that acting on reports. Officers of Directorate of Revenue Intelligence (DIR in short), intercepted truck No. Rmm - 5254 on G.T. Kamal Road. Delhi in front of Factory premises A-71, G.T. Karnal Road. Delhi at about 4.30/5 A M on 21-1-1991. Two drivers Bashir Khan and Hasan Din, three helpers (one co-accused with the petitioner and tow others) were found in the truck at the time of interception. Three other persons, namely, Vipin Kumar Kapoor, Sanjay Verma-petitioner and Mohsin Anwar were present near the truck at the time of interception. The aforesaid factory belongs to the petitioner.(3) Vipin Kumar Kapoor tried to run away but was over powered after a brief scuffle. The truck drivers and helpers were brought to the of...
Harvir Girl Vs. Delhi Development Authority
Court: Delhi
Decided on: Apr-08-1991
Reported in: 44(1991)DLT225
S.G. Jain, J.(1) Facts giving rise to this petition are that the petitioner was found using residential building bearing No. 1/15, West Patel Nagar, New Delhi, for non- conforming use, i.e. for running an educational institution known as Rama Bal Academy in violation of Zonal Development Plan and the Master Plan of Delhi.(2) On the basis of the evidence on record, both the Courts below found the petitioner guilty of an offence punishable under Section 29(2) read with Section 14 of the Delhi Development Act, 1957 and as such convicted him under said Section and sentenced him to pay a fine of Rs. 1,000.00 and in default to undergo simple imprisonment of ninety days.(3) Aggrieved, this revision petitioner has been filed. Shri B.J. Nayyar, learned counsel for the petitioner, only stressed the point that Satish Sharma (Public Witness 1) on the basis of whose report proceedings were started against the petitioner, admitted in his cross-examination that the petitioner was residing in the buil...
Shri Ram Vs. Jai Prakash and ors.
Court: Delhi
Decided on: Apr-08-1991
Reported in: 1991(21)DRJ48; 1991(1)DRJ(Suppl)209; 1991RLR275
P.N. Nag, J. (1) This revision petition has been filed against the order dated 8th January, 1990 passed by Shri HP. Sharma, Senior Sub Judge, Delhi whereby the order of the learned Sub Judge dated 12th September, 1989 directing maintenance of status quo of the property in dispute has been reversed.(2) The relevant facts necessary for determining the point in controversy between the parties are these. The petitioner filed a suit for declaration and permanent injunction against the respondents claiming a decree for declaration to the effect that the petitioner is the sole heir and successor of Shri Om Prakash, son of late Shri Ram Sarup Saini of village Bijwasan, Delhi, having succeeded to his rights, title and interests in the land in dispute. He also claimed a decree turn permanent injunction restraining the respondents from interfering in the petitioner's right, title and interest therein at any time.(3) The suit of the plaintiff-petitioner is founded on the claim that he is the male ...
Dharam Chand Vs. Union of India and ors.
Court: Delhi
Decided on: Apr-08-1991
Reported in: 44(1991)DLT470; [1991(63)FLR667]; (1992)IILLJ193Del
R.L. Gupta , J.(1) The appellant in this Second appeal filed a suit for declaration to the effect that the order dated 4.7.66 by the. Officer-in-charge Rural Health Training Centre, Govt. of India, Najafgarh, Delhi terminating his services as a driver was illegal and void. The suit was dismissed by the learned Sub-Judge, Delhi vide Judgment dated 28.8.74 and the first appeal by the learned Additional District Judge, Delhi on 10.3.1975. (2) The facts leading to the filing of the suit are that the appellant was recruited in July, 1952 as a Mobile Attendant under the Director of Health Services, Delhi where be worked as a Cleaner up to 1956. Before appointment he was found medically fit by the competent authority. He was promoted as a Driver with effect from 22.12.56 by Director Health Services and was transferred to Najafgarh with effect from 1.8.57. His administrative control was taken over by Directorate General of Health Services. He was then asked to appear for medical examination. A...
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