Delhi Court August 1991 Judgments
Home Cases Delhi 1991 Page 9 of about 120 results (0.016 seconds)New India Assurance Co. Ltd. Vs. Darshan Singh and ors.
Court: Delhi
Reported in: II(1991)ACC489; 1992ACJ533; 45(1991)DLT151
D.P. Wadhwa, J.(1) This is a Letters Patent Appeal against the Judgment dated 13th February, 1989 of the learned Single Judge whereby he held that the appellant Insurance Company was liable to pay a compensation of Rs. 1,35,000.00 to the widow and minor son of deceased Rakesh Mohan Solan who died in motor accident on 28th June. 1979. Solan was driving his two-wheeler scooter and his minor daughter was a pillion rider. Both died in the accident caused by the truck bearing registration no.DHG 3315. Solan is survived by his widow Saroj and his minor son Neeraj and his aged parents. They are respondents 3 to 6. Respondent no. 1 is the driver of the offending truck and respondent no. 2 is the owner thereof. (2) Learned Motor Accident Claim Tribunal found that the deceased Solan was having an income of Rs. 1.000.00 p.m. out of which he was spending Rs 250.00 per month on his personal expenses and dependency of his heirs is Rs 750.00 per month. At the time of his death. Solan was aged 39 year...
Tag this Judgment!J.K. Arora Vs. Union of India and ors.
Court: Delhi
Reported in: 45(1991)DLT83; 1991(1)DRJ(Suppl)401
Sunanda Bhandare, J.(1) By this petition under Article 266 of the Constitution of India, the petitioner who is at present Additional Director General, Armed Forces Medical Services prays that a writ of mandamus to issued directing the respondents to appoint him on the post of Director General Medical Services (Army) Dgms Army). The brief facts are as follows :(2) The petitioner was commissioned as a Medical Officer in the Indian Army on 10th July, 1955 and on 14th June, 1990, he was promoted to the rank of Lt. General with national seniority w.e.f. 1st April, 1990 The petitioner is due for retirement on his superannuation on 31st October, 1991. The medical services of the Armed Forces is an integrated service comprising of the medical services of the three wings of the Armed Forces, namely. Army, Navy and Air Force. It is headed by Director General Armed Forces Medical Services (DGAFMS.) The services of Medical Officers are inter-changeable as per the requirements. The medical service ...
Tag this Judgment!Collector of Central Excise Vs. Leader Engineering Works
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in: (1991)LC361Tri(Delhi)
1. These appeals have been filed against the order of the Collector (Appeals), New Delhi.2. Both the sides submitted that in all these appeals issues regarding admissibility or otherwise of Modvat credit in respect of the items in question are involved.3. These items and their particulars have been shown in the chart filed by the respondents and agreed to by the learned DR and incorporated in the form of annexures to this order.4. On 15-2-1991 both the sides stated that as regards items 1 to 7 in Annexure I in the issue involved relates to deemed credit in respect of these items which appear in the deemed credit order of 7-4-1986 (prior to amendment) which were wholly exempted from duty under conditional notifications and had been purchased from the market. This issue has already been decided by the Tribunal in series of orders, the latest being A/532-542/90-NRB dated 20-12-1990 and therefore similar orders may be passed.5. As regards items at S. Nos. 8 to 12 (Annx. I), the learned DR...
Tag this Judgment!Abc India Ltd. Vs. Union of India
Court: Delhi
Reported in: 1991CriLJ996; 1992(61)ELT205(Del); ILR1992Delhi261
Mahinder Narain, J. 1. ABC India Ltd., the petitioner in this writ petition, was carrying on business of public carriers, transportation and erection work. 2. Apparently the Government of Andhra Pradesh floated a tender of enquiry in connection with the transportation of a Monolithic Buddha statue. This was situated in the hillock where a granite rock was separated and rough-dressed in the quarry at Raigir, Nalgonda District, Andhra Pradesh. The Monolithic Buddha statue was to be transported to the foreshore of Hussain Sagar Lake, behind Secretariat, Hyderabad. The statue was a large one having dimension of 8.3 M. x 3.66 M x 2.44 M. and approximately weighing 450 M.T. The said rough dressed Monolithic Buddha statue was to be transported to a distance of 60 Kms. 3. Tender enquiry also related to the transporting the finished Monolithic Buddha statue from the foreshore of Hussain Sagar lake behind the Secretariat, Hyderabad to the Gibraltar rock in the Hussain Sagar Lake and was to be er...
Tag this Judgment!Yogendra Rai Vs. N.C.B.
Court: Delhi
Reported in: 45(1991)DLT332
R.L. Gapta, J.(1) This petition under Sections 397, 401 read with Section 482 of the Code of Criminal Procedure has been filed by the petitioner seeking quashing of the proceedings pending before the learned Acmm, New Delhi. (2) I have heard the arguments advance by learned Counsel for the parties. Revision is admitted. (3) The main grievance of the petitioner is that by order dated 25.9.89 the petitioner had been discharged and such he could not be tried again once he had been discharged. I have carefully gone through this order. If we read this order as a whole, I am of the view that it does not amount to an order of discharge. It was mentioned in this order that the respondent Ncb was not taking the case seriously and it had not filed various documents upon which it relied in support of its case against the petitioner. thereforee, the learned Acmm ordered that proceedings in this case may be adjourned sine die and the accused can be re-summoned after the documents are filed. Unfortu...
Tag this Judgment!M.R. Jewellers Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in: (1992)(57)ELT609TriDel
1. The charge of the Department is that the goods imported by the appellants, consisting of 56 lots of cut and polished emeralds were not eligible for free entry in terms of Section 20 of the Customs Act, 1962 as their identity was not established and the goods were correctly classifiable under Tariff Item 7103.91 of the Customs Tariff Act, 1985 and were chargeable to duty @ 60% ad valorem basic duty and 40% ad valorem auxiliary duty, total duty liability being Rs. 12,39,978/-. It was also alleged that the goods imported were not covered by a valid import licence and were, therefore, prohibited goods liable for confiscation and importers liable for penal action. There is no dispute that the identity of the goods is not established and, therefore, the only point for consideration is whether the appellants' claim that the goods were despatched by the foreign consignee from Hongkong by mistake is acceptable or not.2. The brief facts of the case are that the appellants had exported precio...
Tag this Judgment!Ashwani Kumar Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Delhi
Reported in: (1991)39ITD183(Delhi)
1. These are cross appeals by the assessee and the revenue arising out of the assessee's assessment for assessment year 1985-86.2. We have heard the learned counsel for the assessee and the learned Departmental Representative and have perused the material placed before us.3. The assessee, inter alia, carried on business of purchase and sale of cement in the name of Delhi Cement Company. The relevant accounting period ended on the 30th of September, 1984. There was a searchat the assessee's shop on 12th October, 1983. During the said search cash amounting to Rs. 1,86,330 was found from the said shop, out of which Rs. 1,85,000 was seized. In addition, two sets of ornaments valued at Rs. 38,791 and Rs. 2,50,250 were also recovered from the said shop.Ornaments of the value of Rs. 2,50,250 have been treated by the revenue not to belong to the assessee and have been considered in the case of one Smt. Bimla Rani. Therefore, this item of property was not concerned in the assessment of the ass...
Tag this Judgment!Kamta Prashad Gupta Vs. the National Buildings Construction Corporatio ...
Court: Delhi
Reported in: AIR1992Delhi275
ORDER1. Plaintiff has filed this suit in forma pauperis seeking damages to the tune of Rs. 4,72,400/ -for malicious prosecution. Facts of the case, in brief, are that the plaintiff had taken employment with the National Buildings Construction Corporation Limited defendant No. I vide appointment letter dated November 17, 1961, as Officer-in Charge Testing Laboratory in the grade of Rs.350-900 plus usual allowances. Defendants 2 to 4 were also in the employment of defendant No. I in different capacities, i.e. defendant No. 2 was the Vigilance Officer while other two defendants were Resident Engineer and Junior Engineer in the said Corporation. It is pleaded by the plaintiff that he was Officer-in-Charge of the Testing Laboratory of defendant No. I in between the period December 23, 1961 to August 23, 1966 at the New Delhi Office of defendant No. I and during the course of his employment he had direct dealings with defendants 2 and 3 who had developed hatred against the plaintiff, because...
Tag this Judgment!Saved Sirajul Hasan Vs. Syed Murtaza Ali Khan Bahadur and ors.
Court: Delhi
Reported in: AIR1992Delhi162
Jaspal Singh, J.(1) A question pristinely legal has given rise to this order. As the facts are not of much conse.cosquence, only a brief resume would suffice.(2) Oil February 7, 1982 Syed Murtaza Ali Khan. who was one of the defendants, died and by order dated July 30. 1982 his legal representatives were brought on the record who filed their written statement in the Registry which was placed on the record of the suit. The matter rested there for years and came to the force only while final arguments for disposal of the main suit were being heard and that too when Mr. B. D. Sharma representing the defendant referred to the pleas taken therein. It was time for Mr. R.K.P. Shankardass, the learned counsel for the plaintiff, to register his protest. His objection was that the legal representatives had at no stage sought the leave of The court, nor the court had granted any, to file additional written statement and consequently the filing of the written statement 'surreptitiously' in the Reg...
Tag this Judgment!Harpal Singh Vs. State and ors.
Court: Delhi
Reported in: 45(1991)DLT349
R.L. Gupta, J.(1) This revision is directed against an order dated 27.3.91 of the learned Asj by which he framed charges under Section 304 Part 2 read with Section 34 Indian Penal Code against respondents 2 and 3, namely, Veena and Bala. The petitioner complainant feels aggrieved and prays that actually the charge should have been framed against these ladies under Section 302 read with Section 34 IPC. (2) I have heard arguments advanced by learned Counsel for the parties. The revision Is admitted. (3) The case of the prosecution Is based on the statement of the deceas' pd Smt. Sunita given by her under Section 161 Cr.P.C. on 11.9.89. According to this statement on the date of the occurrence i.e. the same day she was returning to her house at about 7.30 P.M. after answering the call of nature. The accused persons, namely, Veena and Bala met her on the way. Veena told her that she was defaming her and she will teach her a lesson and saying this she started beating her while Bala accused ...
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