Delhi Court April 1992 Judgments
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Union of India Vs. Kishan Chand Etc.
Court: Delhi
Decided on: Apr-03-1992
Reported in: 47(1992)DLT60
Sunanda Bhandare, J. (1) The short question for consideration in this appeal filed by Union of India against the order of the Additional DistrictJudge, Delhi dated 31.8.1985 is that whether interest @ 95% and 15% under Section 18 of the Land Acquisition (Amendment) Act read with Section 28 of the Principal Act was rightly awarded by the Additional District Judge and also whether the Additional District Judge was right in granting enhanced solarium at 30% and interest for the period 11.9.1962 to 4.8.1983 i.e., the period during which the reference had remained stayed.(2) The question regarding payment to enhanced interest @ 9% and15% under Section 18 of the Land Acquisition (Amendment) Act read with Section 28 of the Principal Act and enhanced solarium at 30% has now been conclusively decided by the Supreme Court in Hoshiarpur Improvement Trustv. The President, Land Acquisition Tribunal & Ors., 1990 (2) Jt 567. The question of payment of 12% additional amount under Section 23(1)(A) has ...
M/S. Democratic Builders Vs. Union of India
Court: Delhi
Decided on: Apr-02-1992
Reported in: AIR1993Delhi132
ORDER1. This is an application for and on behalf of the respondents under S. 5 of the Limitation Act for condensation of delay in preferring the objections to the award dated December 7, 1990 by the sole arbitrator Shri N. H. Chandwani which was filed before the Court on May 28, 1991.2. It would be just and proper to examine the facts of the present case which led to the present application in order to fully and properly appreciate the points involved herein. Shri N. H. Chandwani was appointed as the sole arbitrator in the present case. He filed the award dated December 7, 1990 before the Registrar of this Court on May 28, 1991. The Registrar of this Court thereafter issued notices to both the parties with regard to the filing of the award. The petitioner was served with said notice on June 28, 1991. The respondent were served with the same on July 8, 1991. The respondent were thus required to file objections, if any, against the aforesaid award within the statutory period of 30 days f...
Mahinder Singh Vs. Pardaman Singh
Court: Delhi
Decided on: Apr-02-1992
Reported in: [1992]196ITR786(Delhi); 1992RLR267
Usha Mehra J.1. In view of the objections raised, the following preliminary issue was framed on October 4, 1991 :'Whether the suit is barred under section 4 of the Benami Transaction (Prohibition of the Right to Recover Property) Act, 1988, and as such the suit is liable to be dismissed ?' 2. In order to decide this objection, the facts of the case are these : Mahinder Singh filed a suit for partition against Shri Pardaman Singh and others. It is an accepted case of the parties that Sardar Anoop Singh, father of defendant Nos. 1, 2 and 4 and husband of Smt. Sahib Kaur owned about 3,000 bighas of agricultural land in village Luku, Roda, Noorpur Thal, in Tehsil Khushab, District Sargodha, and in village Saiyanwala in Tehsil and district Lyallpur in addition to garden measuring about 30 bighas and a number of houses and shops in Sargodha, Roda and Noorpur. Sardar Anoop Singh died on September 5, 1941. 3. It is the allegation of the plaintiff that disputes arose between the parties after t...
Community Services Department Part-Time Workers' Union and Anr. Vs. Mu ...
Court: Delhi
Decided on: Apr-02-1992
Reported in: 47(1992)DLT559; 1992(22)DRJ540
C.M. Nayar, J. (1) The present petition is filed on behalf of Part-time Community employees of the Community Service Department of the respondent Municipal Corporation of Delhi. The petitioner no. I is a registered Union of such part-time employees and petitioner no.2 is a member of the said Union. They are claiming relief on behalf of their members for regularisation, as well as, for equal pay for equal work. (2) The Part-time Community employees of the Municipal Corporation of Delhi are working in the Community Services Department of the Corporation. The total sanctioned posts of part-time Community employees is 460. There are 36 employees who have put in more than 10 years of service. 160 employees have put in 5 to 10 years of service and the remaining have put in less than 5 years service. The said part-time Community employees are being paid consolidated salary of Rs.500.00 per month whereas the regular Community employees and Assistant Community Organisers, who are also performin...
M.L. Mahajan Vs. Delhi Development Authority and anr.
Court: Delhi
Decided on: Apr-01-1992
Reported in: 1992(22)DRJ620; 1992RLR242
ORDER9 rule 13 of the Civil Procedure Code enables the court to set aside an exparte decree, in the circumstances mentioned in the said rule. It is apparent that the said rule is not applicable to the instant case. Order 9 rule 13 applies only to the application made for setting aside of an exparte decree passed in a suit.(22) Similar on facts is Alvel Sales v. Dujadwala Industries : AIR1978Mad295 . The Court agreed with the following observations made by a Division Bench of the Patna High Court reported in Roshan Lal v. Firm Budhichand, followed in later decisions reported in Rajeshwar v. Ambika Prasad, : AIR1956Pat28 and Ram Chander v. Jamnasankar : 'The second point is equally clear. It is asserted by the appellants that as they had no opportunity to place their case before the court the decree must be regarded as exparte; but it is nothing of the sort. An exparte decree is a decree passed by the court in the absence of the defendants where the plaintiff has proved his case, but her...
Madan Construction Company Vs. Delhi Development Authority
Court: Delhi
Decided on: Apr-01-1992
Reported in: 1993(1)ARBLR5(Delhi); 48(1992)DLT42; 1992(23)DRJ87; 1992RLR219
Usha Mehra, J. (1) M/S Madan Construction company has assailed the reference made by the persona designate under clause-25 of the agreement thereby referring the claims of the Delhi Development Authority (hereinafter referred to as DDA). According to the petitioner, the, appointment of respondent no.3,Shri S.C. Gupta, as Arbitrator is illegal and bad in law because after the earlier Arbitrator made and published his award on the claims of the petitioner, the arbitration agreement came to an end. In order to understand the declaration sought for by the petitioner, the brief facts of the case are that the petitioner had entered into a contract with the Dda for providing of additional facilities to re-surfacing of the main road (dense carpetting). The said agreement contained an arbitration clause No.25. Disputes arose between the petitioner with the respondent-DDA pursuance to which the petitioner sought for an arbitration on his claims. The Engineer Member Dda appointed Shri V.D. Tewari...
Singer Sewing Machine Vs. Uttar Pradesh Export Corporation Ltd.
Court: Delhi
Decided on: Apr-01-1992
Reported in: 47(1992)DLT659; 1992(23)DRJ129
Usha Mehra, J.(1) Singer Sewing Machines Co., a Corporation under the laws of the State of New Jersey, United States of America, is carrying on business of marketing domestic and industrial sewing machines of various kinds in India.lt's principal office is at Bombay and branch of it is at Delhi. Plaintiff No.2 is a company incorporated under the Companies Act. It is the case of the plaintiff that U.P. Export Corporation Ltd., defendant No. 1 herein decided to set up garment complex at Loni for which purposes it had discussion with the plaintiff for the supply and installation of various kinds of industrial Sewing machines. Quotations were exchanged and ultimately the defendant No. 1 placed an order on the plaintiff for supply of 210 numbers of plain machines at the rate of Rs.l400.00 per unit and 60 numbers of motorised machines at the rate of Rs. 2,225.00 per unit. Per that order, the plaintiffs were to supply these machines to defendants 2 to 7 as per the manner set out in the said o...
Kanti Chaudhuri and ors. Vs. Indian Olympic Association and ors.
Court: Delhi
Decided on: Apr-01-1992
Reported in: AIR1993Delhi96; 48(1992)DLT409; 1992(22)DRJ516
Arun Kumar, J.(1) The dispute in the present case really pertains to the control of management of the Indian Olympic Association (hereinafter referred to as IOA) which is an apex sports body of this country affiliated to the International Olympic Committee. It is paradoxical that those who are fighting for the control of management of a sports association have shown total lack of sportsman spirit on their part. The suit is part of an ongoing battle regarding the control of management of Adair's of the Ioa After the efforts of this Court in an earlier litigation and that of the Madras High Court to have the elections of the Ioa smoothly conducted were thwarted in a manner which leaves behind a bad taste (putting it most mildly), the Supreme Court ordered the elections to be held for the remaining term which expires in November 1992. In the elections so held in April 1991 defendant Nos. 2 and 3 were elected as President and Secretary General of the Ioa respectively. The prayer in the pre...
Shiv Kumar Vs. the State and ors.
Court: Delhi
Decided on: Apr-01-1992
Reported in: 47(1992)DLT487; 1992(22)DRJ546
Usha Mehra, J. (1) Shri Shiv Kumar & Ors. have sought for letter of administration in respect of the estate of late Shri Shyam Lal. Shn Shyam Lal was an ordinary resident of Delhi. He died on 28th November, 1970 at Delhi. He left behind three sons namely Shiv Kumar, Mahesh Kumar and Ajay Kumar, petitioners No. 1,2 and 3 'and the two daughters namely Smt. Veena and Smt. Vimla Devi, relations No.4 and 5. The deceased Shyam Lal had not left any Will. Before his death he had applied to M/s. Urban Improvement Company Private Limited for a plot of land in Faridabad on Installment basis. A plot measuring 267 sq. yds. bearing No.273, block No.K in Greenfield Residential Colony, Anangpur Road, Faridabad (Haryana) was allotted to the deceased Shyam Lal. The amount paid by the deceased till his death was to the tune of Rs.23,923.00 . The legal heirs No.4 and 5 i.e. the daughters Smt. Veena and Smt. Vimla are not interested to get anything out of the estate left by the deceased.(2) Notice was issu...
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