Delhi Court August 1992 Judgments
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Smt. Radha Lal Vs. M/S. Jessop and Company
Court: Delhi
Decided on: Aug-05-1992
Reported in: AIR1992Delhi331; 1992RLR432A
ORDER1. In this suit filed by Smt. Radha Lal for possession and mesne profits regarding property No. 8, Golf Links, New Delhi against M/s. Jessop & Co. defendant herein, an application being I.A. 1583/92 was filed by the plaintiff under Order 12 Rule 6 read with Section 151, CPC with the request that a decree for possession may be passed in view of the admission made by the defendant in the written statement.2. The facts giving rise to this suit are that the ground floor of property No.8, Golf Links, New Delhi was let out to the defendant company on or about 1st May, 1969 by the husband of the plaintiff on a monthly rent of Rs. 3000,/- which was increased to Rs. 7000/-w.e.f. January 1984. After the death of the original owner landlord the plaintiff started receiving the rent of these premises. After amendment of the Delhi Rent Control Act, 1958 by the Amendment Act of 1988, as per Section 3C of the Delhi Rent Control Act, the provisions of the Delhi Rent Control Act were not made appli...
Motor and General Finance Ltd. Vs. Commissioner of Income-tax
Court: Delhi
Decided on: Aug-05-1992
Reported in: (1992)108CTR(Del)9; [1992]198ITR698(Delhi)
B.N. Kirpal, J.1. This is a reference under section 256(1) of the Income-tax Act, whereby the Income-tax Appellate Tribunal has referred the following two question to this court : '1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was legally justified in holding that the petitioner-company was not entitled to claim deduction on account of surtax paid (in an application under) under section 154 of the Income-tax Act, 1961 2. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was legally justified in holding that surtax paid by the petitioner-company was not deductible expenditure in computing the company's income from business ?' 2. Briefly stated, the facts are that, in respect of the assessment years 1967-68 to 1973-74, the assessments were framed by the Income-tax Officer. The petitioner paid the income-tax and surtax on the income so computed. 3. The assessed then filed applications under sect...
Radha Lal Vs. Jessop and Co.
Court: Delhi
Decided on: Aug-05-1992
Reported in: 1992RLR432
S.C. Jain, J.(1) In this suit filed by Smt. Radha Lal for possession and mesne profits regarding property No. 8, Golf Links against M/s. Jessop & Co. defendant herein, an application being I.A. 1583/92 was filed by the plaintiff under Order 12 Rule, 6, r.w. 151 Civil Procedure Code with the request that a decree for possession may be passed in view of the admission made by the defendant in the W/S. (2) The facts giving rise to this suit are that ground floor of 8, Golf Links was let out to the defendant company on or about 1.5.1969 by the husband of the plaintiff on a monthly rent of Rs. 3000.00 which was increased to Rs. 7000.00 w.e f. January, 1984. After the death of the original owner/landlord the plaintiff started receiving the rent of these, premises. After amendment of the Delhi Rent Control Act, 1958 by the Amendment Act of 1988, as per S. 3C of the Act, the provisions of the Delhi Rent Control Act were not made applicable to those premises, whether residential or not, if the m...
Societe Anonyme Des Eaux Mineralesd 'Evian Vs. Evian
Court: Delhi
Decided on: Aug-05-1992
Reported in: 1993(1)ARBLR140(Delhi); 1992(23)DRJ401
S.C. Jain, J. (1) In this suit Filed by the plaintiff for a decree of permanent injunction seeking to restrain the defendant from manufacturing, selling, offering for sale. directly or indirectly dealing in fruit NNbeverages, concentrates of fruits and dehydrated fruits under the trade mark EVIAN'S Trupti or under any other trade mark that contains the plaintiffs mark Evian or under any other deceptively similar mark and/or from using the trading style Evian (India) or any other trading style that contains the plaintiff's mark Evian or any other deceptively similar word or from doing any other thing as is likely to pass off the defendant's goods or business as the goods or business of the plaintiff. Relief of 2939/89 rendition of accounts has not been pressed now.(2) In brief the facts are that the plaintiff Society came into existence in 1859 and it developed its business around the Cachet Spring at Evian by bottling and marketing of Evian mineral water and organising health cures con...
Mohinder Singh and ors. Vs. D.P. Khatri and ors.
Court: Delhi
Decided on: Aug-05-1992
Reported in: 51(1993)DLT592
Mr. P.K. Bahri, J.1. The petitioners, who are members of Respondent No. 2. The Narela Co-operative Marketing Society Limited (hereinafter called the Society) which is registered with Respondent No. 3-Registrar of Co-operative Societies, Delhi Administration, under the Delhi Co-operative Societies Act, 1972, have filed this writ petition seeking writ of certiorari or any other suitable writ or order or direction for quashing the notice dated January 13, 1992, issued by Respondent No. I, the Secretary of the Society. This notice has called for holding of annual general meeting of the members of the Society on January 29, 1992, at 11 a.m. in the premises of the Society at Mandi Narela The agenda of the proposed meeting includes, inter alia, election programme for electing five members of the Managing Committee including one Vice-President in accordance with the bye-laws Nos. 23 & 29 in place of the five members so retiring. The election programme announced the date of filing of the nomina...
Prem Sahily (Specific) Trust Vs. Income-tax Appellate Tribunal
Court: Delhi
Decided on: Aug-04-1992
Reported in: [1993]201ITR190(Delhi)
1. In view of the Full Bench decision of this court in Smart P. Ltd. v. Income tax Appellate Tribunal [1990] 182 ITR 384 , learned counsel for the parties agree that the order of the Income-tax Appellate Tribunal, Delhi Bench, New Delhi, dated November 15, 1991, which has been reproduced in letter dated November 19, 1991, copy which is annexure-E to the writ petition, is to be quashed for the simple reason that the application of the petitioner under section 254(2) of the Income-tax Act, 1961, was decided by the aforesaid in Chambers without affording an opportunity of hearing to the petitioner. 2. Accordingly, we allow the writ petition and quash the order dated November 15, 1991, of the Income-tax Appellate Tribunal, Delhi Bench, New Delhi, and remit the matter back to the Tribunal to decide the petitioner's application under section 254(2) of the Income-tax Act, 1961, after affording a hearing to the petitioner. 3. Before we part with the case we may point out that a preliminary obj...
Orissa Cement Ltd. Vs. Inspecting Assistant
Court: Income Tax Appellate Tribunal ITAT Delhi
Decided on: Aug-03-1992
Reported in: (1992)43ITD424(Delhi)
1. to 35. [These paras are not reproduced here as they involve minor issues.] 36. The objection of the revenue is on the acceptance of the change in the method of valuation of the closing stock, by the CIT (Appeals). The revenue had raised its objection on the basis that, the Absorption Cost gave a true value of the stock on hand and the Direct Cost did not. The revenue had also objected to the observation of CIT (Appeals) that, the method adopted by the appellant company would not result in any loss to the revenue, because, the stock would be sold in the next year. The revenue had contested that, by accepting the method of valuation to direct cost, year after year, the stock would continuously valued at a lesser value. The Assessing Officer was of the opinion that, the change in the method of valuation of the closing stock had resulted in under-valuation of the stock by Rs. 2.21 Crores.The facts in this regard are brought out below in brief. The assessee had been valuing its closing ...
R.K. Sharma Vs. Union of India and ors.
Court: Delhi
Decided on: Aug-03-1992
Reported in: 1992(23)DRJ505
J.K. Mehra, J. (1) The present petition has been filed by the petitioner in the following circumstances. (2) The petitioner was appointed a Telex Operator in the pay-scale of Rs.330- 560 on 1st September 1980. At the time of his appointment the Junior Assistants also enjoyed the same scale and common requirement was knowledge of typewriting proficiency at the rate of 40 w.p.m.. It is the case of the petitioner that he was appointed after having cleared the typewriting test. Although this test was initially disputed by the respondents, but on verification from the original record, I satisfied myself that such a test had been conducted and cleared by the petitioner. In 1982, (he Respondent-Corporation merged the persons appointed in ex-cadre post with the category of Junior Assistant brought out a joint seniority list among the staff in the ranks of Junior Assistants enjoying the same scale i.e.Rs. 330-560. The said seniority list was brought out on 18.6.82 wherein the petitioner was sho...
Ajay Kumar Goel Vs. Union of India and ors.
Court: Delhi
Decided on: Aug-02-1992
Reported in: 1993CriLJ2460; 1992(3)Crimes263; 48(1992)DLT246; 1992(24)DRJ183
Mohd. Sharnim, J.(1) The petitioner through the present writ petition challenges the legality and the validity of the detention order dated August 29, 1991 passed under Section 3 of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as ' the Cofeposa Act') with a view to preventing him from smuggling into India contraband goods. (2) Brief facts of the present petition are as under: that the petitioner is a citizen of India and is a resident of 20/5, Rana Pratap Bagh, Delhi. The officers of the Directorate of Revenue Intelligence were keeping a close watch on the activities of the petitioner on account of suspicion and as such apprehended him on August 8, 1991 while he was driving a Maruti Car on the aforesaid date. On search of the said car 190 gold biscuits of foreign markings were recovered from underneath of the seat of the driver. The petitioner on being questioned failed to produce any evidence for the lawful possession of ...
Maheshwar Ferro Alloys (P) Ltd. Vs. Municipal Corporation of Delhi and ...
Court: Delhi
Decided on: Aug-01-1992
Reported in: 1992(23)DRJ531
C.M. Nayar, J. (1) The petitioner has filed a petition under Section 20 of the Indian Arbitration Act, 1940, for directing the respondent Delhi Electric Supply Undertaking to file the original arbitration agreement in Court and for issuing appropriate orders and directions, directing the reference of the disputes existing between the parties, in terms of clause 25 of the said agreement and in accordance with the provisions of Arbitration Act, 1940. (2) The present application has been filed under Order 39 Rules 1 and 2 and Section 151 C..C. for ad interim stay of the impugned bill raised by the respondents. (3) The matter has been argued before me at length and it has been reiterated on behalf of the petitioner that there is no evidence of pilferage and no proper show cause notice has been issued by the respondents and. thereforee, the demand raised is illegal. The alleged supplementary bill, claiming an amount of Rs.89.33,934.72 is without jurisdiction and is not tenable in law. No ba...
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