Delhi Court September 1992 Judgments
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indexim Consultants Pvt. Ltd. Vs. M/S. Vidya International and Others
Court: Delhi
Decided on: Sep-25-1992
Reported in: AIR1993Delhi16; 1992(24)DRJ288; 1993(41)ECC175; 1992RLR520
ORDER1. M/s. Indexim Consultant Pvt. Ltd., herein referred to as the plaintiff filed this suit for recovery of Rs. 1,44,093.10/-under the provisions of O. 37, C.P.C. against Vidya International, hereinafter referred to as defendant No. 1 and its proprietor Smt. Malathi Rajagopalan, defendant No. 2. Shri A. Rajagopalan husband of defendant No. 2 was also imp leaded as defendant No. 3 but later on he was given up and the suit was proceeded only against defendants 1 and 2. As per the facts, which are apparent from the pleadings, defendant No. 1 deals in export of brass-ware and in terms of Government policy, an exporter of brass-ware is entitled to certain cash incentives and replenishment license after the exports. The exporter is entitled, in accordance with the said policy, to dispose of or transfer the replenishment license to any one with or without profit and there is no legal impediment to the same.2. The parties have been dealing with each other since 1983 and entering into agreem...
Bharat Alias Bharat Singh Vs. Union of India and Others
Court: Delhi
Decided on: Sep-25-1992
Reported in: 1993CriLJ1156; 1992(3)Crimes687; 49(1993)DLT521; 1992(24)DRJ277
Mohd. Shamim, J.1. The petitioner through the present petition wants to challenge an order of detention made against him by the Union of India vide Notification No. 673/394/91-Cus. VIII dated September 25, 1991 passed by Shri Mahendra Prasad, Joint Secretary to the Government of India, Ministry of finance, Department of Revenue, under section 3(1) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'the COFEPOSA'). 2. Brief facts which gave rise to the present petition are as under : that on the basis of an intelligence a Tata Mobile Van bearing registration No. MP 09 D 8093 was intercepted at Shahjahanpur Police Post by the officers of the Revenue Intelligence on August 30, 1991 at 22.45 hours along with its two occupants known as Rajinder Kumar i.e. the driver of the van, and the petitioner. The aforesaid van was thoroughly rummaged which resulted in the discovery of five secret cavities specially built, two each beneath ...
Naramada Industries Vs. Uttar Pradesh State Electricity Board
Court: Delhi
Decided on: Sep-25-1992
Reported in: 1993(1)ARBLR410(Delhi); I(1993)BC271; 1992(24)DRJ293; 1992RLR501
S.C. Jain, J.(1) Facts giving rise to this petition under Section 28 of the Arbitration Act 1940. for enlargement of time for making the award are that as per the terms of the agreement arrived at between the parties i.e. Narmada Industries and U.P. State Electricity Board, disputes and differences which had arisen between them were referred to the arbitration of respondents 2 to 4, who entered upon the reference, but could not make the award within four months and, thereforee, this application for extension of time has been made at Delhi. (2) The respondent contested this application pleading that this Court has no territorial jurisdiction to entertain this application, as the agreement between the parties was entered into at Lucknow. respondent No, 1 does not have any office or place of business at Delhi and no cause of action has arisen at Delhi. Even the disputes were not referred to arbitration at Delhi. The Arbitrators for their convenience arc, however, holding the proceedings a...
Kulwant Kaur Etc. Vs. S.P. Bawa
Court: Delhi
Decided on: Sep-25-1992
Reported in: AIR1993Delhi296; 49(1993)DLT37; 1993(25)DRJ68; 1993RLR297
Santosh Duggal, J. (1) Shri S.P. Bawa, (since dead), who was the original owner/landlord of the premises, being Shop No. 19/5, West Patel Nagar, New Delhi, filed an eviction petition against Smt. Ishwar Kaw', as respondent No, 1, and Gumarn Singh (appellant No.2 herein), as respondent No.2, alleging that Ishwar Kaur was tenant in the shop with effect from 1965, by Virtue of a judgment of the Rent Control Tribunal, passed in eviction proceedings, taken out earlier by the landlord against one Balwant Singh, impleading Ishwar Kaur as respondent No.2, alleging her to be the sub-tenant. (2) In appears that in view of the concurrent findings in that eviction petition, the landlord accepted the decision, holding Ishwar Kaur being a tenant, and the eviction petition, out of which this second appeal has arisen,,was filed in April 1971 invoking provisions of clauses (a) and (b) of the proviso to section 14(1) of the Delhi Rent Control Act,' 1958 (for short 'the Act'). - (3) The allegations were ...
Devender Singh Vs. Union of India
Court: Delhi
Decided on: Sep-25-1992
Reported in: 50(1993)DLT370
Mohd. Sharnim, J. (1) These are two criminal writ petitions bearingNo. 247/92 & 256/92 moved by Shri Trilochan Singh and Shri Devender Singh under Articles 226 and 227 of the Constitution of India for issue of a writ of habeas corpus or any other appropriate writ for the immediate release of the petitioners and for setting aside the detention order bearing F.No.673/83/92-CUS. Viii and F. No. 673/81/92-CUS. Viii, dated March24, 1992 under Section 3 of the Conservation of Foreign Exchange &Prevention; of Smuggling Activities Act, 1974 (hereinafter referred to as 'theCOFEPOSA') issued by Sh. Mahender Prasad, Joint Secretary to the Government of India. Ministry of Finance, Department of Revenue. The writ petitions are being taken up together as common questions of law and facts are to be gone into while disposing them of.(2) It would be just and proper to examine in brief the facts which led to the presentation of the above said two petitioner in order to fully and properly appreciate the ...
Trilochan Singh Vs. Union of India (Uoi) and ors.
Court: Delhi
Decided on: Sep-25-1992
Reported in: 1993(42)ECC210
Mohd. Shamim, J.1. These are two Criminal writ petitions bearing No. 247/92 & 256/92 moved by Shri Trilochan Singh and Shri Devender Singh under Articles 226 and 227 of the Constitution of India for issue of a writ of habeas corpus or any other appropriate writ for the immediate release of the petitioners and for setting aside the detention order bearing F. No. 673/83/92-CUS.VIII and F. No. 673/ 81/92-CUS.VIII, dated March 24, 1992 under Section 3(1) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'the COFEPOSA') issued by Shri Mahender Prasad, Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue. The writ petitions are being taken up together as common questions of law and facts are to be gone into while disposing them of. 2. It would be just and proper to examine in brief the facts which led to the presentation of the above said two petitions in order to fully and properly appreciate ...
M/S. Navbharat Dal Mills Vs. Food Corporation of India and Another
Court: Delhi
Decided on: Sep-24-1992
Reported in: AIR1993Delhi87; 49(1993)DLT100; 1993(25)DRJ38
ORDERGokal Chand Mital, C. J. 1. Twoquestions of law arise for our consideration in this appeal :--(1) Is it for the Court or the arbitrator to decide whether the claim is made within the time specified in the agreement or not? (2) Is it for the Court or the arbitrator to decide whether there was accord and satisfaction between the parties or not? 2. We are of the opinion that both the questions stand answered -- first by the two decisions of this Court in Jai Chand Bhasin v. Union of India, : AIR1983Delhi508 and Ved Prakash Mittal v. The Union of India, : AIR1984Delhi325 and second by the decision of the Supreme Court in M/s. Bharat Heavy Electricals Limited, Ranipur v. M/s. Amar Nath Bhan Prakash, : (1982)1SCC625 .3. Briefly adverting to the facts of the case, there was a contract between the parties under which the respondent was to supply 2600 metric tonnes of gram whole to the appellant and the appellant was to convert that gram whole into gram-dal and return gram-dal to the respo...
Wg. Cdr. (Retd.) R.N. Dawar Vs. Shri Ganga Saran Dhama
Court: Delhi
Decided on: Sep-24-1992
Reported in: AIR1993Delhi19; 1992(24)DRJ532
1. Shri R.N. Dawar, plaintiff herein, filed this suit for possession, injunction and damages against Ganga Saran Dhama, hereinafter called the defendant No. 1 on the allegations that he is owner of plot of land measuring 240 sq. yards in khasra No. 634 in Dalhai area, Bhola Nath Nagar, between Babu Ram School and Sarwan Talkies.2. As per the averments made in the plaint the said plot of Sand was purchased by the plaintiff vide registered sale deed No. 1165 vol. 2657 on pages 183 to 185 dated 1-5-1951 from Parbhu Dayal, who was the owner In possession of the said plot of land. The plaintiff purchased this plot of land with a view to construct a house thereon but being in service outside Delhi he could not raise the construction. In December, 1981 when he visited the said plot of land, to his surprise he found there a single storey house constructed by the defendant. The plaintiff being the exclusive owner of the said plot of land is entitled to its possession and the defendant has no ti...
Commissioner of Income Tax Vs. Bhagwati Jewels Ltd.
Court: Delhi
Decided on: Sep-24-1992
Reported in: [1993]201ITR461(Delhi)
1. The petitioner seeks reference of the following question to this court : 'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in law in cancelling the order passed by the Commissioner of Income-tax under section 263 of the Income-tax Act by holding that there is nothing in the aforesaid order to show that the assessment order passed by the Assessing Officer was erroneous and prejudicial to the interests of the Revenu ?' 2. The respondent had at first filed a loss return of Rs. 470 in respect of the assessment year 1986-87. Thereafter, it availed of the Amnesty Scheme and filed a revised return declaring income of Rs. 4,42,529 which included a sum of Rs. 3,43,000 as income from other sources before the Income-tax Officer. It was stated that this sum of Rs. 3,43,000 had been offered because the Department was asking for confirmations from the various subscribers to the shares which were issued. It may be pointed out that this compa...
Commissioner of Income Tax Vs. Escorts Ltd.
Court: Delhi
Decided on: Sep-24-1992
Reported in: [1993]203ITR682(Delhi)
By The Court 1. The petitioner seeks reference of the following questions : '1. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the disallowance of Rs. 15,000 confirmed by the CIT(A) in respect of payment made to Sh. H. P. Aggarwal does not fall under the purview of s. 80VV of the IT Act and thereby deleting the disallowance 2(a). Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the liabilities for payment of cess in respect of the land in section 27, Faridabad, as also the land in section 15A of Faridabad, accrued in the year to the extent provided by the assessed (b) Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the liability was allowable as revenue expenditure although the assessed received enduring benefit by paying the development cess 3. Whether, on the facts and in the circumstances of the case, t...
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