Delhi Court September 1992 Judgments

Krishan Kumar Vs. State (Delhi Administration) and ors.

Court: Delhi

Reported in: 1993CriLJ19; 1993(1)Crimes185; 1992(24)DRJ595

Usha Mehra, J.(1) The Revisionist, Krishan Kumar, has come up against an order passed by the Additional Sessions Judge, Delhi dated 2nd July, 1992 whereby the Additional Sessions Judge had framed & charge under Section 307-I.P.C. against the petitioner.(2) The brief facts of the case are that on 20th September, 1991, at about 10 P.M. some people collected at the police post, Inderlok. SJ.Mahipal Singh, in charge of the Police Post came out and asked the reasons of their presence before the Police Post. He was informed by the petitioner that there was a dispute with his landlord Nanak Chand and Vinod Kumar. The said S.I. deputed two constables with him. On further inquiry, S.I. Mahipal Singh came to know that Ved and Anil gave a knife blow to one Mohd. Qamil hence the people had collected outside the Police Station. It is further the case of the prosecution that Krishan Kumar the present petitioner and his three associates gave a knife blow to one Vinod Kumar his landlord and his accomp...

M.R. Punj Vs. State and anr.

Court: Delhi

Reported in: 1993(1)Crimes188; 1992(24)DRJ371; [1993]199ITR87(Delhi); 1992RLR523

Usha Mehra, J. (1) The short point in the present revision petition is that the summons could not be issued against the petitioners as they were not responsible for the affairs of the company. Some of the petitioners were not even partners of the company at the relevant time. Hence the complaint filed against them is liable to be quashed. (2) In order to appreciate the contention the brief facts are that petitioners I to 3 were partners of the firm working under the name and style of M/s. Dayagen. The said partnership firm consisted of six partners and they remained so till 7th August, 1987. Thereafter, on account of some dispute among the partners the partnership was dissolved. It was re-constituted with effect from 7th August, 1987 with the four partners. This re-constituted firm further changed its constitution on 15th November, 1989 when one of the partners retired from the same leaving behind three partners. None of the petitioner was a managing partner of the firm during the acco...

Mahender Kumar @ M.K. Saini Vs. Vice Chancellor, Jamia Millia Islamia ...

Court: Delhi

Reported in: 1992(24)DRJ193

C.M. Nayar, J.(1) This petition is directed against the selection of respondents 3.4 and 5 for the post of Professor, in the Academy of Third World Studies in the Jamia Millia Islamia University.The petitioner himself was a candidate for the post of Professor and on his non selection has impugned the same. (2) The Academy of Third World Studies has been sponsored and financed by the University Grants Commission and it is an important national facility assigned to the Jamia Millia Islamia for buildinga new institution for research and enquiry. The aim and object is to promote an understanding amongst. Third World countries and bring to limelight related researches carried into in India and abroad. The petitioner has further submitted that all these activities are aimed at enhancing cooperation between India and third world countries. An advertisement bearing No. 1/1990-91 was published by the Assistant Registrar, Jamia Millia Islamia University, inviting applications for the post of Pro...

Mohd. Abid Vs. State

Court: Delhi

Reported in: 1992(3)Crimes881; 1992(24)DRJ267

Usha Mehra, J.1. Mohd. Abid, the petitioner has been charged for murder under Section 302-I-P-C. of Police Station Haus Qazi, Delhi vide F.I.R. No. 174/90. The prosecution case is based on the fact that one Mohd. Zakhir informed the police about the stabbing incident which is alleged to have taken place on 18th June, 1990 at about 11.55 P.M. on a road near Hamdard Dawakhana, Gali Mir Afzal, Hauz Qazi, Delhi. It is the case of the prosecution that the said knife blow was given by the petitioner to the deceased Shamimuddin. The complainant, Mohd. Zakhir removed the injured to L.N.J.P. Hospital where he died on the same night. After the framing of the charge, prosecution examined some witnesses in support of its case. The doctor who filled the M.L.C. has also been examined as P.W.16.2. It is the case of the petitioner that on the said M.L.C. nowhere it is mentioned that the history was given by the injured, but the doctor when appeared in the witness box has volunteered an information tha...

Monica Garg Vs. University of Delhi

Court: Delhi

Reported in: AIR1993Delhi73; 1992(24)DRJ281

ORDERP. N. Nag, J.1. The decision in this writ petition depends on the question whether the eligibility requirement B.A. (Hons) Economics of Delhi University with 50% or more marks in the aggregate for entrance test prescribed for admission to M.A. (Economics) Course by Department of Economics of theUniversity of Delhi is a valid and reasonable criteria and satisfy the test of Article 14 of the Constitution of India.2. The facts leading to this writ are that the petitioner who passed Bachelor's Degree (Hons) Examination in Economics from Kamla Nehru College, Delhi, of Delhi University and secured 48.5% marks out of 800 marks i.e. less than 50% marks in aggregate, appeared in the entrance test held for admission to M.A. Course in Economics by respondent No. 2 i.e. Delhi School of Economics, which is the Department of respondent No. 1. i.e. Delhi University. According to the prospectus issued by the respondents, the petitioner registered herself with respondent No. 2 and she was given re...

Lipton India Ltd. Vs. Government of India

Court: Delhi

Reported in: 48(1992)DLT507; 1992(24)DRJ577

J.K. Mehra, J. (1) This writ petition has been filed by the petitioner feeling aggrieved by the orders of the respondent dated 12/14 December, 1988, 4th April, 1989 and 15/16th May, 1989. The case of the petitioner has been that the petitioner was enjoying 25% increase in their production capacity under a press note of 1975. While that was still in force, Government of India issued another press note on 1st January, 1986 which reads as under: . 'GOVERNMENT in their press note of 21st August 1975, had announced that in cases where increased output is the direct consequence of replacement of old equipments, the necessary amendment in the Industrial license will be granted liberally and on the basis of a special procedure provided that:- 1. Such replacement or modernisation of equipment does not result in any encroachment of products reserved for the small scale sector; and 11 II. There is no net increase in the outgo of foreign exchange. 2. In the present context of Government's thrust o...

Sher Goods Transport Co. Vs. Tilak Dhari and ors.

Court: Delhi

Reported in: 49(1993)DLT457

J.K. Mehra, J.(1) I have heard Counsel for the parties. The appellant has made two points : (1) that the finding of existence of employer-employee relation is totally without any legal evidence and that (2) the Commissioner under the Workmen's Compensation Act, Delhi had nonjurisdiction to entertain the petition, when admittedly the accident resulting in the injury had taken place in the State of Haryana. Mr. Raj Birbal appearing for the respondent states that as far as jurisdiction was concern edit was a consent order between the partics. The appellant contends that submission in the proceedings was without prejudice to the plea that theCommissioner had no territorial jurisdiction over the matter and that theCommissioner has wrongly usurped the jurisdiction,(2) I have heard the Counsel for the parties at length and I find that both these objections appear to be correct. However, in view of the fact that the insurance had already joined the proceedings before the Commissioner and depos...

P.S.N. Rao Vs. National Project Implementation Unit, New Delhi and ors ...

Court: Delhi

Reported in: 49(1993)DLT365

Mohinder Narain, J.(1) We have heard the parties at length. What emerges from the documents on record, and from what we have heard inCourt, it is clear that the petitioner was on deputation. Being on deputation,law relating to deputation will come into operation, what has been succinctly laid down by the D.B. of Madras High Court Registrar v. R. Periaswamy and Another , (3) Slr 646. In this case, D.B. also referred the case reported as Air 1991 Punjab & Haryana 113 (Lajpat Nath Mago v.Governor of Haryana and Others). According to the principles enunciated in the Madras Judgment, it is clear that a person who is borrowed from one department and is asked to work in another department temporarily, if he is reverted back to the original department, there is no question of the termination of any service in the proper sense of the term. In other words his services in the transferred department have come to an end. He goes back to the parent department. That is because he has lien in the pare...

Rajendra Kumar Vs. Director of Enforcement

Court: Appellate Tribunal for foreign Exchange New Delhi

Meena, Chairman This appeal came up before the Board for hearing on 7-8-1992 at Bangalore regarding condonation of delay and waiver of pre-deposit of the total penalty of Rs. 7 lakhs imposed on the appellant Shri Rajendra Kumar vide adjudication order No. ADE/MAS/56-57/90 dated 1-2-1990. 2. Relevant section 52(2) of the Foreign Exchange Regulation Act. 1973 ('the Act') reads as follows: "(2) Any person aggrieved by such order may, after depositing the sum imposed by way of penalty under section 50 and within forty-five days from the date on which the order is served on the person committing the contravention, prefer an appeal to the Appellate Board: Provided that the Appellate Board may entertain any appeal after the expiry of the said period of forty-five days, but not after ninety days, from the date aforesaid if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time: Provided further that where the Appellate Board is of opinion that the...

Sandhya Kabra and ors. Vs. University of Delhi

Court: Delhi

Reported in: AIR1993Delhi40; 48(1992)DLT524; 1992(24)DRJ408

B.N. Kirpal, J.(1) The problem of admission to the Post Graduate Course in the Medical Colleges is a complex one and has been the subject matter of numerous writ petitions filed in the various High Courts and also in the Apex Court. These writ petitions are no different. (2) In these writ petitions, the common question which arises for consideration is whether the petitioner in Civil Writ No-1657/92, who joined the M.D. Course in Micro Biology in the University of Delhi in 1991, is entitled to change her course of study and (a whether the other petitioners in Civil Writ Petition Nos. 1672/92 and 1925/92, who took the 1992 examination are, likewise, entitled to change their courses. On the recommendations of the Medical Council of India, Post-Graduate medical courses in the University of Delhi are conducted in association with different hospitals. The Post-Graduate courses of study which are available are Doctor of Medicine (M.D) in Various clinical and non-clinical subjects, the course...