Delhi Court May 1991 Judgments
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Nahar Sinoh Vs. Bijya Nand and ors.
Court: Delhi
Decided on: May-21-1991
Reported in: 45(1991)DLT541
Sunanda Bhandare, J. (1) Respondents 1,5 and 6 who were working as PGTs jn V.S. Agriculture Higher Secondary School, Khera Garhi, Delhi filed a writ petition in this Court under Article 226 of the Constitution of India challenging the validity of the order of the Directorate of Education, Delhi dated 26/27.8.1980 conveying the approval of the Director of Education to the appointment of the appellant herein as Principal of the school w.e.f. 10.9.1979 According to the writ petitioners, the appointment to the post of Principal was to be made by selection by promotion from the PGTs working in the same school on the basis of seniority-cum-fitness. They relied on the Circular of the Directorate of Education dated 10.5.1963 in support of their contention that the post of the Principal is to be died in by departmental pro- motion, however, in case there Is no suitable departmental candidate in the next lower grade available, the same could be filled by direct recruit- meat. According to the wr...
Gaurav Sondhi Manbir Sondhi Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Delhi
Decided on: May-17-1991
Reported in: (1991)38ITD129(Delhi)
1. This is an appeal directed against the imposition of penalty under Section 140A(3) of the Income-tax Act, in a sum of Rs. 5,760.2. The ITO levied a penalty of Rs. 5,760 on the ground that the assessee failed to make the payment of tax under self-assessment under Section 140A(1) of the Income-tax Act. The assessee filed a return of income on 19-7-1982 showing an income of Rs. 36,300 on which the tax payable worked out to Rs. 9,290 which was not paid by the assessee.Before the ITO, the assessee pleaded that the assessee filed an appeal against the assessment and after giving effect of the appellate order, the income came down to below taxable limit and consequently there was no liability to pay the tax at all and, therefore, the question of paying self-assessment tax under Section 140A(1) did not arise. He, therefore, pleaded for the dropping of the proceedings. This explanation was rejected by the ITO on the ground that for the purpose of Section 140A(3) what was relevant to see was...
S. Jaswant Singh (Deceased by L. Rs.) Vs. S. Darshan Singh (Deceased b ...
Court: Delhi
Decided on: May-17-1991
Reported in: AIR1992Delhi80
1. Presently, I have heard arguments for deciding Issue No. 5 which was treated as Preliminary Issue and the same is to the following effect:'Whether the judgments in Suit No. 101/73 and Suit No. 759/80 operate as a bar to the present suit?'2. At the stage of arguments, the counsel for defendant No. 1 has urged that present suit is barred under the provisions of 0. 23(l)(4) of the Code of Civil Procedure in as much as on the same subject matter, the plaintiff had instituted Suit No. 10 1 / 73 which he had withdrawn without any permission to file fresh suit on the same subject matter.3. Facts of the case relevant to the issue in question in brief, are that Plot No. 144, Block No. 171 in S under Nagar was obtained on perpetual lease from the President of India by plaintiff and defendant No. I in 'respect of which a Lease Deed was executed and registered on November 7, 1960. The plaintiff and defendant No. I have constructed a house on the said plot which now bears Municipal No. 144, Sund...
Rajendra Nath Bhaskar and anr. Vs. Bhaskar Stoneware Pipes Pvt. Ltd. a ...
Court: Delhi
Decided on: May-17-1991
Reported in: [1991]72CompCas641(Delhi)
M.C. Jain, J. (1) This appeal is directed against the order of learned Single Judge dated 8th February, 1990 whereby the petitioner's application No. 2300 of 1988 in Co. P. 41 of 1982 for bringing the heirs and legal representatives of the deceased respondent No. 2 Vivek N. Bhaskar on record, was dismissed. The learned Judge placing reliance on the observations made in J. K. Investment Trust (1) Ltd. & Ors. vs . Muir Mills Co. Ltd. & Ors., : AIR1961All413 came to the conclusion that in the petition under Sections 397 and 398 of the Companies Act, the legal heirs and legal representatives of the deceased V. N. Bhaskar are neither necessary parties nor proper parties. The learned Judge observed that the acts of oppression which have been alleged against the deceased V. N. Bhaskar cannot be ascribed to his legal representatives and no cause of action can be said to exist against the legal representatives of the deceased V. N. Bhaskar. It was also observed by the learned Judge that this Co...
Ravi Kumar Vs. State
Court: Delhi
Decided on: May-17-1991
Reported in: 1991CriLJ2579; 44(1991)DLT366; II(1991)DMC54
B.L. Gupta, J.(1) This is a third application for bail filed by the petitioner who has been booked in Fir 146/90 Ps Lahori Gate under Section 304B/498A read with Section 34 Indian Penal Code. The Fir has been recorded on the basis of a statement made by Usha Devi, stepmother of the deceased Varsha Gupta before the Sdm during inquest proceedings. Varsha Gupta is alleged to have committed suicide on 31.5.90 without leaving any suicide note or a dying declaration. It may be noted that vide orders dated 13.2.91 this Court in Cr. M.(M) Nos. 1538/90 and 1783/90 admitted to bail the parents of the petitioner, namely, Raghbir Singh and Parkash Wati Gupta in view of their old age and infirm condition. By order dated 16.1.91 in Cr.M. (M) 2626/90 the bail of the petitioner, however, was rejected. (2) Fresh grounds which, have been pleaded in this bail application are that in fact there is a tendency in the family of the deceased to commit suicide. Her elder brother Naresh Kumar committed suicide ...
S.P. Singh Vs. Government of India
Court: Delhi
Decided on: May-17-1991
Reported in: 44(1991)DLT489; 1991RLR335
M.C. Jain, J.(1) The petitioner is contesting parliamentary election as an independent candidate from two parliamentary constituencies. South Delhi and outer Delhi.(2) In this writ petition the petitioner seeks a direction for providing equal facilities and privileges in relation to Doordarshan and All India Radio to the petitioner as is provided to the candidates sponsored by political parties. He has also sought a direction for providing security to him as he always suffered from a sense of insecurity and as such cannot project his view before the public at large fearlessly.(3) This court declined to issue notice m respect to the .first prayer relating to providing equal facility to avail presentation of view on Doordarshan and All India Radio but show cause notice was issued with respect to the second prayer. As a matter of fact, direction was given by the court to .the Government Counsel to accept notice. Mr. H. S. Phoolka accepted notice on the court's direction and his statement ...
Rajinder Singh Vs. V.P. Ahuja
Court: Delhi
Decided on: May-17-1991
Reported in: 47(1992)DLT288
D.P. Wadhwa, J.(1) This is the plaintiff's appeal against the judgment and decree dated 15/01/1991, of the learned Single Judge by which though the suit of the plaintiff for specific performance of a certain agreement to sell executed by the defendant-respondent as vendor was decreed, a condition was imposed on the plaintiff to deposit the sale consideration in Court within a period of two months. It is against this direction of deposit of sale consideration that the plaintiff has filed the appeal.(2) The defendant on 1/02/1989, executed a receipt for having received a sum of Rs. I lakh in cash as earnest money from the plaintiff for sale of his house bearing No. D-22, defense Colony, New Delhi, built on a plot of land measuring 333 sq. yds. The sale consideration was agreed atRs. 70 lakhs out of this Rs. 6 lakhs were to be paid at the time of the execution of regular agreement to sell and the balance Rs. 63 lakhs at the time of registration of the sale deed before the Sub Registrar, N...
Taxmaco Ltd. Prop. of Birla Textiles Vs. Ram Dayal and anr.
Court: Delhi
Decided on: May-17-1991
Reported in: [1993]78CompCas518(Delhi); 44(1991)DLT641
V.B. Bansal, J. (1) By this order I shall dispose of Criminal Revision Nos. 129 to 132, 134 to 140 and 142 to 155 of 1990 since a common question arises in these cases, namely, whether the impugned order dated 12th February, 1990 of an Additional Sessions Judge, Delhi directing the stay of the proceedings pending before Addl. Chief Metropolitan Magistrate, Delhi under Sec. 630 of the Companies Act needs interference by this Court. (2) M/S Texmaco Ltd. 'for short the Company) is a public limited company incorporated under the Companies Act, 1956. It had a housing colony for the benefit of its employees which were earlier owned by M/s Birla Cotton, Spinning & Weaving Mills Limited. However, subsequently by virtue of a scheme of arrangement M/s Birla Cotton, Spinning & Weaving Mills Ltd. became the property of M/s Texmaco Limited. Employees of Birla Cottom, Spinning and Weaving Mills became the employees of M/s Texmaco Limited. Ram Dayal was allotted a quarter vide letter dated 9th Octobe...
Mohammed Jahan Begum Vs. Abdul Hakim
Court: Delhi
Decided on: May-17-1991
Reported in: 45(1991)DLT3
Santosh Duggal, J. (1) The respondent Abdul Hakim, claiming himself to be Mutawalli of property known as Chhoti Masjid, Bara Hindu Rao, Delhi, (for short 'the Masjid'), and as such vested with the powers of superintendence and control over the said Masjid and properties appurtenant thereto, on the basis that the said Masjid was a wakf property, instituted a suit against the appellant for recovery of possession of the roof of premises No. 4964 66 and 496', Chhoti Masjid, as delineated in the plan, annexed with the plaint. The allegation in the suit was that the defendant, (appellant herein), was a tenant only in a shop bearing No. 4967 and that neither the roof of this shop nor of any other adjacent shop or passage were under her tenancy, but some time back, approximately three years two months from the institution of the suit, she had illegally encroached upon the said roof and had raised some unauthorised construction in the shape of tinshed, without any permission of the plaintiff. A...
Gautam Cable Industries Vs. Collector of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: May-16-1991
Reported in: (1991)LC332Tri(Delhi)
1. This is a stay application filed with reference to the Order of Collector of Central Excise, New Delhi dt. 16-7-1990.2. The learned counsel stated that during the course of their visit the officers found some shortages and some excesses. The goods said to be in excess were seized but released provisionally on execution of Bank guarantee and B-11 bond.3. The department subsequently issued show cause notice and the Collector passed an order demanding duly of Rs. 79,260.55 in respect of goods found short and duty of Rs. 80,972.85 on account of Modvat credit said to have been availed of incorrectly with reference to alleged shortage in the raw material account of the inputs maintained for Modvat purposes. The Collector also imposed a penalty of Rs. 75,000/- and further ordered appropriation of Rs. 65,000/- out of Bank guarantee.4. It was their submission that they had maintained accounts correctly and the Collector has not appreciated the facts and imposed heavy penalty.5. The goods fo...
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