Delhi Court January 1992 Judgments
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S.N. Deshmukh and ors. Vs. Medical Council of India and ors.
Court: Delhi
Decided on: Jan-27-1992
Reported in: 47(1992)DLT472
D.P. Wadhwa, J.(1) By this petition filed under Articles 226 and 227 of the Constitution the petitioners numbering four seek a writ or direction for setting aside the elections of the Executive Committee including that of the President and Vice-President of the Medical Council of India which elections were held on 4/03/1991. Another direction sought is that Medical Council of India, the first respondent to update its electoral roll in accordance with the provisions of the Indian Medical Council Act, 1956 (for short 'the Act') and then for holding of elections as per law. Yet another direction sought is that respondents 4,5,15 and 16 were not entitled to participate in the activities of the first respondent as they had ceased to be members of the Council of the first respondent by operation of law. Two more directions are also sought :(1) for setting aside the minutes dated 4/03/1991 of the General Body Meeting of the Medical Council of the first respondent and (2) for setting aside the...
Abdul Jabbar Vs. State and ors.
Court: Delhi
Decided on: Jan-27-1992
Reported in: 1992(1)Crimes716; 1992(22)DRJ265
V.B. Bansal, J. (1) Abdul Jabbar has moved this application under Sec.439(2) of the Code of Criminal Procedure for cancellation of bail of Mohd. Ishaq allowed by this Court on 18th February, 1991 in Criminal Misc. (Main) No.2497 of 1990 and to Mohd.Faiyaz by Add-Sessions Judge, Delhi on 23rd February, 1991 in case Fir No.430/90 Police Station Kamla Market.(2) Briefly stated the facts leading to the filing of this petition are as under:-(3) Abdul Jabbar along with his sons Mirazudin, Giasudin, Riazudin and other family members was residing in House No.2644, Moh. Niharian, Delhi. In the room 266 adjacent to the aforesaid pemises of Abdul Jabbar were residing Mohd. Asvaq and his sons Mohd. Akhlaq and Mohd. Ishaq along with other family members. (4) Riazudin was residing in the upper floor of the premises and there was no puce stairs. Temporary stairs were being used and in order to get rid of this difficulty Abdul Jabbar and other family member engaged labourers for getting puce stairs co...
D.D. Upadhayaya and ors. Vs. Uttar Pradesh State Road Transport Corpor ...
Court: Delhi
Decided on: Jan-27-1992
Reported in: AIR1993Delhi57; 46(1992)DLT570; 1992(22)DRJ455
Santosh Duggal, J.(1) This appeal, filed by the claimants against the award given on 6th April, 1979 by the Motor Accident Claims Tribunal, Delhi (for short the MACT), raises questions as to the adequacy of the compensation awarded, and also the counts on which compenstion should be determined, in cases of death by accident caused by motor vehicles. (2) There is no controversy on facts, inasmuch as it is not denied that death of Smt. Kailashwati wife of appellant No.1, D.D.Upadhayay, then Sqn. Leader, posted in Delhi, occurred as result of an accident that took place on 25th October, 1970 when the deceased while sitting on the pillion seat of the scooter driven by her husband, was struck down by the bus belonging to respondent No. 1, (U.P. Government Roadways), being bus No.UST 4656. The Mact returned a finding that this accident was result of rash and negligent driving on the part of the driver of the bus, imp leaded as respondent No.2, who unmindful of the traffic before him struck a...
Atma Steel Ltd. Vs. Harbir Singh
Court: Delhi
Decided on: Jan-27-1992
Reported in: 46(1992)DLT332
S.C. Jain, J. (1) HEARD. Record perused. The facts giving rise to this second appeal are that on 31.7.79 permission to create a fixed term tenancy for a period of three years with respect to premises No. E-25.. defense Colony, New Delhi under Section 21 of the Delhi Rent Control Act was granted by the Addl. Rent Controller Delhi. The tenant Atma Steel Ltd., appellant herein, did not vacate the premises after the expiry fixed of term tenancy and so the decree holder, respondent herein, filed an execution application dated 11.8.82. During the pendency of the execution application, the appellant filed objections on 14.10.1983 challenging the validity of the permission on various grounds. Those objections were, however, amended by the appellant on 15.5.88 in which an additional plea was taken that the decree holder has been residing in U.K. for the last ten years and is holding a British passport. The reasons for temporary non-residing namely that the respondent is going away to U.K. for f...
Sqn. Ldr. D.D. Upadhayay and ors. Vs. U.P. State R.T.C. and anr.
Court: Delhi
Decided on: Jan-27-1992
Reported in: 1(1992)ACC560
Santosh Duggal, J.1. This appeal, filed by the claimants against the award given on 6th April, 1979 by the Motor Accident Claims Tribunal, Delhi (for short the MACT), raises questions as to the adequacy of the compensation awarded, and also the counts on which compensation should be determined, in cases of death by accident caused by motor vehicles.2. There is no controversy on facts, inasmuch as it is not denied that death of Smt. Kailashwati wife of appellant No. 1, D.D. Upadhayay, then Sqn. Leader, posted in Delhi, occurred as a result of an accident that took place on 25th October, 1970 when the deceased while sitting on the pillion seat of the scooter driven by her husband, was struck down by the bus belonging to respondent No. 1 (U.P. Government Roadways), being bus No. UST 4656. The MACT returned a finding that this accident was result of rash and negligent driving on the part of the driver of the bus, imp leaded as respondent No. 2, who unmindful of the traffic before him struc...
Food Corporation of India Vs. T.R. Behl
Court: Delhi
Decided on: Jan-24-1992
Reported in: 1992(2)ARBLR456(Delhi); 1992(22)DRJ220
(1) Food Corporation of India (hereinafter called as F.C.I.) filed a petition under Sections 14, 15, 16 and 17 of the Arbitration Act, pursuance to which the direction was issued to respondent No.2, Shri B.N. Maini, Additional Legal Advisor, Government of India, the sole arbitrator to file his award. The award along with the proceedings was filed in December, 1988. Counsel for the petitioner accepted the notice of the filing of the award on 8th December, 1988 whereas notice to respondent was issued for 9th February, 1989. The petitioner as well as the respondent both have filed the objections to the award. Objections of the petitioner were filed vide is No. 1111/89 and the objections of the respondent were filed vide I.A.3849/88. Both the parties filed the objections within time.(2) is 1111/89 I have perused the objections filed by the petitioner, Food Corporation of India. I find no merits in the objections filed by the petitioner. The objection petition is accordingly dismissed.(3) i...
State Vs. Raj Kumar Jain
Court: Delhi
Decided on: Jan-24-1992
Reported in: 47(1992)DLT106
R.L. Gupta, J. (1) This Criminal revision has been filed by the Central Bureau of Investigation against an order dated 19 3.1991 of the learned SpecialJudge, Delhi by which it was directed that further investigation should be conducted and in the first instance the prosecution/Investigating officer must approach the concerned sanctioning Authority before coming to the Court to find out if it would grant or refuse sanction to prosecute the respondent. Infact the closure report under Section 173 of the Code of Criminal Procedure(Code for short) was filed by the Cbi in respect of four criminal case Nos. 57to 60 of 1991 against four different sets of accused persons.(2) So far as the respondent is concerned, the case was registered against him on 11.5.1988 on the allegations that while posted as JuniorEngineer, Mcd, New Delhi, he amassed assets disproportionate to known sources of his income. The case was mainly based on the recovery of special bearer bonds of Rs. 5 lakhs during search of ...
Aziz Ahmed Vs. Surinder Gupta
Court: Delhi
Decided on: Jan-24-1992
Reported in: 46(1992)DLT409
R.L. Gupta, J. (1) Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure for quashing proceedings against him In a complaint filed by the respondent Sh. Surinder Gupta. Intelligence Officer, Narcotics Control Bureau (NCB fot short). The allegations are that in the evening of 21-11-87 some officers of Ncb lifted him from his house and took him first to Ashoka Hotel and then Ranjit Hotel in Delhi. They detained him for about 3 days. During this period he was threatened and beaten mercilessly and asked to give a statement as desired by them or else all his family members will be involved in some Narcotics case. He, thereforee, made statement as per the dictation of the Ncb officials. Statements of some other co-accused were also recorded. Ncb then filed a complaint against the petitioner and others on 20-2-1988. The petitioner and the remaining co-accused were committed to the Sessions Court. During his confinement in Jail, he was also served with a detent...
Lamtuf Plastics Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Jan-23-1992
Reported in: (1992)(60)ELT603TriDel
1. The short point for consideration in this appeal is the question of exemption from Central Excise duty on the articles of plastics manufactured by the appellants under Notification 132/86-C.E., dated 1-3-1986 during the period 1-3-1986 to 31-7-1986.2. The appellants filed a Classification List effective from 1-3-1986 classifying Phenol, Formaldehyde Pre-peg under sub-heading 3920.32 and articles of plastics (which are mostly rods, tubes, gears, blanks, moulded half-round bearings and other mouldings) under sub-heading 3922.90. Exemption under Notification 132/86 was claimed in respect of articles of plastics. In reply to the Show Cause Notice for denying the benefit of exemption notification, the appellants stated that the P.P.resin received on payment of duty is mixed thoroughly with cotton chindies and dried in hot air oven for manufacturing PF Chindies and PF pre-peg. This pre-peg material can be moulded into various articles under high pressure and controlled temperatures. The ...
Deepak Woollens Pvt. Ltd. Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Jan-23-1992
Reported in: (1993)LC313Tri(Delhi)
1. The appellants are aggrieved with the order-in-original dated 2-5-1990 passed by the Addl. Collector of Central Excise, Indore. By this order, the Addl. Collector has demanded Excise duty of Rs. 1,21,350/- under Section 11A of the Central Excises and Salt Act, 1944 in respect of 4542 kgs. of Shoddy Acrylic yarn, 728 kgs. in process and 797.5 kgs. of such yarn contained in 275 blankets. He has also imposed a penalty of Rs. 2,000/- on the appellants under Rule 173Q of the Central Excise Rules, 1944.2. The brief facts of the case are that the appellants are manufacturers of Shoddy Acrylic yarn. They were issued with a show cause notice dated 30-9-1986 by which it was alleged that the assessee had filed a letter dated 30-4-1986 to the Supdt. of Central Excise Range II, Dewas about their proposed manufacture of Shoddy Acrylic yarn, Shoddy acrylic blankets, Shoddy Acrylic fabric. It stated that the Range Superintendent paid a visit to the premises of the appellants' factory in response t...
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