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Delhi Court July 1992 Judgments

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Jul 01 1992

Padam Chand JaIn Vs. Collector of Customs

Court: Delhi

Decided on: Jul-01-1992

Reported in: 1993(3)Crimes136; 1992(23)DRJ485; 1993(41)ECC356

Usha Mehra, J.(1) The petitioner has been prosecuted for offences punishable under Section 135(b) of the Customs Act, 1962 and under Section 85 of the Gold Control Act, 1968, Simultaneously, the said respondent started adjudication proceedings against the petitioner on the same set of facts on issuance of show cause notice under the Customs Act 1962 and the Gold Control Act, 1968 thereby asking the petitioner to explain as to why the seized gold and gold ornaments vide Panchnama dated 18th January, 1983 should not be confiscated and why penalty be not imposed on the petitioner. It is against this action of the respondents that the petitioner has filed the present petition for quashing the prosecution regarding the seized gold weighing 143.500 gms. only.(2) In nutshell the case of the Department is that on 18th January. 1983, the officers of gold (Preventive) Cell, New Delhi searched the shop premises of the petitioner. From the search conducted by the officers, the gold ornaments and p...


Jul 01 1992

Kala Devi Vs. Parle (Exports) Pvt. Ltd. and ors.

Court: Delhi

Decided on: Jul-01-1992

Reported in: 1992(23)DRJ436

C.M. Nayar, J. (1) The present application is filed by the plaintiff, under Order 39 Rules 1 and 2 read with Section 151 of Civil Procedure Code, for restraining the defendants, their servants, agents, dealers etc. from selling the carbonated beverages under the trade mark Citra and also from advertising the same till the final disposal of the suit.(2) Briefly, stated the facts of the case are that the plaintiff is carrying on the business of bottling of carbonated beverages, ready to serve and their concentrate from November 8, 1989, under the name and style of CITRO International Beverage CO. Plaintiff has alleged that the trade mark CITRO/CITRO International in respect of the(3) The plaintiff has further submitted that it is unlawful for any other person/firm to use the identical/deceptively similar trade mark in respect of the carbonated beverages, ready to serve beverages and their concentrates. The plaintiff came across on May 20,1991, that the carbonated beverage under the trade...


Jul 01 1992

Leila Gurcharan Singh and anr. Vs. Lal Chand and anr.

Court: Delhi

Decided on: Jul-01-1992

Reported in: 1992(24)DRJ188

Dalveer Bhandari, J.(1) The controversy involved in this Suit is rather narrow and at the request of the parties, the Suit is being finally disposed of at this stage. (2) The plaintiffs have filed a suit for permanent injunction in which they have prayed that a decree for permanent injunction be granted in favor of the plaintiffs and against the defendants, thereby restraining the defendants, their associates, servants, agents, friends, etc. from, interfering into the peaceful use enjoyment, and running of the petrol pump under the name and style of M/s R.K. Service Station at Yashwant Place, Vinay Marg, New Delhi, by the plaintiffs. The other prayer was that the defendants be restrained from entering into the house of the plaintiffs at E-18, defense Colony, New Delhi, and E-70, Greater Kailash Part Ii, New Delhi and cause any obstruction in the living of the plaintiffs in the said property. (3) It is averred in the plaint that the land Along with the superstructure constructed thereup...


Jul 01 1992

Jagwat Prasad Vs. Delhi Administration

Court: Delhi

Decided on: Jul-01-1992

Reported in: 1993CriLJ21; 1992(2)Crimes1173; 48(1992)DLT72; 1992(23)DRJ421; 1993(41)ECC179

Usha Mehra, J.(1) The petitioner, Jagwat Prashad has been challaned under Section 21/25/61/85, of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called as the 'Act'). The prosecution case is that on 30th August, 1991, the house of the petitioner was raided. The petitioner was present along with his family members. In one of the rooms situated at 1046, Lal Kuan, Main Bazar (IInd floor), Delhi a double bed was lying. A dirty pillow with cover was lying on the said double bed. The said pillow along with the cover was checked and a 'Khakhi envelope' was found on which in Hindi and English 'Punjab National Bank, Sansad Marg, New Delhi' was printed. On checking of the same six packets of currency notes were found out of which five packets were of the denomination of Rs.100.00 each and some loose currency notes of Rs.100/ - were found total of which came to Rs.55,000.00 .' From the said cover a plastic bag containing 50 grams of Heroin was also recovered. Since the curr...


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