Delhi Court November 1992 Judgments
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Wilson Dayal Vs. State
Court: Delhi
Decided on: Nov-11-1992
Reported in: 1993CriLJ1188; 1993(1)Crimes207; 49(1993)DLT414; 1993(25)DRJ49
1. Shri Wilson Dayal, son of Nagdayal was convicted and sentenced to undergo rigorous imprisonment for 10 years and a fine of Rs. 1,00,000/-. In default of payment of fine he was to undergo simple imprisonment for a period of 1-1/2 years.2. He was sentenced and convicted vide orders dated 7th November, 1987 and 10th November, 1987 respectively. 3. Ms. Neelam Grover, Advocate, was appointed as amices Curiae since the petition was though Jail. She has assailed the impugned order inter-alia on the ground that there is a clear violation of the provisions of Section 50 and 55 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter called as the 'Act'). There is a non-compliance of the provisions of law when the sealed sample was not deposited with the CFSL expeditiously but was deposited after two months. There was on filling of the CFSL form nor deposit of the same in the Mohrarr Malkhana leaving to the only irresistible conclusion that there was a tampering of the sample and th...
Commissioner of Income Tax Vs. Industrial Ancillaries P. Ltd.
Court: Delhi
Decided on: Nov-11-1992
Reported in: (1993)110CTR(Del)72; [1993]200ITR514(Delhi)
B.N. Kirpal, J.1. This judgment will dispose of I.T.R. No. 310 of 1980, in respect of the assessment year 1977-78 and I.T.R. No. 175 of 1982, in respect of the assessment year 1979-80. While in the former reference the question of law referred is as follows : 'Whether, on the facts and in the circumstances of the case, the Tribunal is correct in holding that the assessed is an 'industrial company' within the meaning of section 2 (7) (c) of the Finance (No. 2) Act, 1977, and hence, assessable to tax at 55 per cent. for the assessment year 1977-78 ?', in the latter reference, the question of law has been slightly differently worded though the content is the same, and is as follows : 'Whether, on the facts and in the circumstances of the case, the Tribunal is correct in holding that the assessed is an 'industrial company' within the meaning of section 2 (7) (c) of the Finance (No. 2) Act, 1977, and hence, assessable to tax at 55 per cent. for the assessment year 1979-80 ?' 2. Briefly st...
Commissioner of Income Tax Vs. Chelmsford Club Ltd.
Court: Delhi
Decided on: Nov-11-1992
Reported in: (1993)109CTR(Del)451; [1993]200ITR493(Delhi)
B.N. Kirpal, J.1. In respect of the assessment years 1977-78 and 1978-79, the Income-tax Appellate Tribunal has stated the case and referred the following two questions to this court : '1. Whether, on the facts and in the circumstances of the case, the hon'ble Tribunal was legally correct in holding that the annual letting value of the club building is not assessable to income-tax under the head 'Income from property' 2. Whether, on the facts and in the circumstances of the case, the hon'ble Tribunal was legally correct in holding that the principle of mutuality applies to the property income and accordingly it is not taxable income of the assessed ?' 2. Briefly stated, the facts as found by the Tribunal are that the club owns an immovable property, viz., a club house. No rent is received by the club. The Income-tax Officer sought to invoke the provisions of section 22 of the Income-tax Act, 1961, and assessed the annual letting value of the club house to tax. AN appeal was filed to t...
Trade Links P. Ltd. Vs. Commissioner of Income-tax
Court: Delhi
Decided on: Nov-11-1992
Reported in: (1993)110CTR(Del)81; [1993]200ITR575(Delhi)
B.N. Kirpal, J.1. In respect of the assessment year 1972-73, the Income-tax Appellate Tribunal has stated the case and referred the following question to this court : 'Whether, on a true interpretation of rule 1 (viii) of the First Schedule to the Companies (Profits) Surtax Act, 1964, and, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in upholding the action of the Income-tax Officer in excluding Rs. 1,19,492 being the net amount of dividend only instead of Rs. 2,98,729 being the gross amount of dividend from the total income for arriving at the chargeable profits under the said Act ?' Briefly stated, the facts, as found by the Tribunal, are as follows : The income of the assessed for the purpose of Income-tax Act, 1961, for the assessment year 1972-73 was determined at Rs. 22,30,346. In order to arrive at the Chargeable profit liable to tax under the Companies (Profits) Surtax Act, 1964, income by way of dividends from an Indian Company or a c...
Oriental Structural Engineers Vs. Delhi Development Authority
Court: Delhi
Decided on: Nov-11-1992
Reported in: 1993(2)ARBLR74(Delhi); II(1993)BC21; 50(1993)DLT551
D.K. Jain, J.(1) On petitioner/contractor's application under Sections 14 and 17 of the Arbitration Act, 1940, notice was issued to the arbitrator for filing the award. Shri V. D. Tewari the Id. arbitrator, filed his award dated 6/02/1989. Notice of filing of the award was given to the parties. Delhi Development Authority (for short the DDA) has filed objections against the award, being I.A. No. 5028/89, which are opposed by the Contractor.(2) The objection against the award is that the Id. arbitrator has misconducted himself in acting contrary to the terms of the agreement, the award on Claim No. 2 as such is illegal as under Clause 2 of the Agreement,the Superintending Engineer is the final authority to levy compensation for delay in execution of the work, which could not be reopened by the Id.arbitrator, he had no jurisdiction to adjudicate the question of compensation under Clause 2 of the Agreement and the finding of the arbitrator is withoutjurisdiction, The objections having bee...
Central Bank of India Vs. Karnani Polymers Pvt. Ltd. and ors.
Court: Delhi
Decided on: Nov-11-1992
Reported in: I(1993)BC26; 49(1993)DLT103
C.L. Chandhry, J.(1) The plaintiff has filed this suit for the recovery of Rs. 5,85,303.71 on the allegations made in the plaint as under : (2) The plaintiff is a bank constituted and functioning under the Banking Companies Act. Shri Naresh Malhotra is the Regional Manager, Principal Officer and General Attorney of the plaintiff and is conversant with the facts of the case. He is authorised as general attorney to sign and verify the plaint and institute the suit on behalf of the plaintiff bank. (3) The defendant No. 1 is a private limited company carrying on the business of manufacturing and dealing in all types of Pvc shoes and chappals and defendant Nos. 2 to 6 are the sureties and guarantors for the repayment of the dues by defendant No. 1. Defendant No. 2 for and on behalf of defendant No. 1 approached the plaintiff bank and submitted that defendant No. 1 had taken over the unit known as 'Lakshmi Industries' and requested the plaintiff for grant of certain credit facilities. The pl...
Ram Ganga Fertilizer and ors. Vs. Union of India
Court: Delhi
Decided on: Nov-11-1992
Reported in: 50(1993)DLT358; 1992(24)DRJ643; 1993RLR17
Gokal Chand Mital, C.J. (1) In this writ petition the petitioners have challenged the orders dated 1st November, 1991 and 9th January, 1992 issued by the Government of India, Ministry of Chemicals & Fertilizers, Department of Fertilizers & Chemicals fixing a ceiling on subsidy payable on single super phosphate, hereinafter referred to as 'SSP'. (2) The facts of the case briefly stated are that the petitioners are manufacturers of Ssp which is one of the key fertilizers used for agriculture. Prior to 1982 Ssp was under informal price control which was made effective from 16th March, 1976. A flat subsidy of Rs.200.00 per tonne was granted by the Government of India while the consumer price for individual unit was fixed by the Fertilizers Association of India in accordance with the formula agreed to with the Government of India after deducting the said subsidy. However, different retail price was fixed for different manufacturers and for different marketing zones of the same manufacturers...
State (Central Bureau of Investigation) Vs. R.S. Mathur (Jt. Dir.)
Court: Delhi
Decided on: Nov-11-1992
Reported in: 1994CriLJ794
Usha Mehra, J. (1) This order will dispose of Crl. Rs. 3/92, 4/92 and 5/92. These revisions have arisen from a common order passed by Shri V.S. Aggarwal, Addl. Sessions Judge, dated 16th August, 1991. Since the common point is involved, thereforee, they are disposed of by one order.(2) Central Bureau of Investigation (hereinafter called the appellant) registered corruption cases against the present respondents under Section 120-B Indian Penal Code . and 5(2) read with Section 5(1)(e) of the Prevention of Corporation Act, 1947 for allegedly accepting bribe. During the investigation the appellant could not collect sufficient evidence to establish criminal conspiracy and abuse of official position by the respondents. In view of lack of evidence the appellant submitted a report under Section 173 Cr. P.C. before the Special Judge, Delhi for closure of the case.(3) The Special Judge, Delhi by the impugned order rejected the request of the appellant and directed that at the first instance the...
State (Central Bureau of Investigation) Vs. N. Jayaraman and anr.
Court: Delhi
Decided on: Nov-11-1992
Reported in: 1993(1)Crimes682; 49(1993)DLT325
Usha Mehra, J. (1) This order will dispose of Crl. Rs. 102/92 as well as 117/92. These revisions have arisen from a common order passed by Shri V.S.Aggarwal, Additional Sessions Judge, dated 21/02/1992.Since the common point is involved, thereforee, both are disposed of by oneorder.(2) Central Bureau of Investigation (hereinafter called the appellant)registered corruption cases against the present respondents under Section120B.I.P.C.and 5(2) read with Section 5(1) (d) of the Prevention of Corruption Act, 1947 lor allegedly accepting bribe. During the investigation the appellant could not collect sufficient evidence to establish criminal conspiracy and abuse of official position by the respondents. In view of lack of evidence the appellant submitted a report under Section 173 Cr.P.C, before the Special Judge, Delhi for closure of the case.(3) The Special Judge, Delhi by the impugned order rejected the request of the appellant and directed that at the first instance the prosecution shoul...
Vipul Kumar JaIn Vs. State
Court: Delhi
Decided on: Nov-11-1992
Reported in: 48(1992)DLT695; I(1993)DMC31
Mohd. Sharnim, J.(1) These are two applications by Smt. Som Prabha Jain and Vipul Kumar Jain for release on bail. (2) Learned Counsel for the petitioners i.e. Mr. D.C. Mathur and Mr. K.B. Andley have contended that the petitioners are innocent. They have been falsely implicated in the present case. The deceased Smt. Anita was living a happy, peaceful married life as is manifest from the photographs placed on the record. There is a delay of four days in the lodging of the Fir inasmuch as the occurrence took place at 7.30 p.m. on 4.1.1992. Fir was registered on 8.1.1992. The deceased was a nominee in the Life Insurance Policy which the petitioner Vipul Kumar Jain took on 28.3.1991. The deceased was made a partner in a partnership deed dated 12.6.90 with Mr. R.K.Jain and others. 100 Units were also purchased by the petitioner Vipul Kumar Jain in the name of the deceased Smt. Anita. In view of the above, it has been urged that the above conduct is not that of the persons who would maltreat...
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