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Delhi Court September 1992 Judgments

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Sep 04 1992

Yash Pal Sharma Vs. State

Court: Delhi

Decided on: Sep-04-1992

Reported in: 1993CriLJ113; 1992(3)Crimes690; 1992RLR474

Usha Mehra, J.(1) By this Revision, petitioner wants conviction and sentence passed by Shri D.N. Kadian, M.M. Delhi, and confirming order passed by Sh. G.S. Dhaka, Additional Sessions Judge, Delhi, be set aside. (2) Brief facts are that the petitioner was standing at the Railway Station Shahdara, Along with three persons. According to prosecution all the four persons were gambling on the platform when apprehended. Other three co-accused pleaded guilty, but the petitioner pleaded not guilty and claimed trial. All the witnesses examined by the prosecution are official/police witnesses. There is no independent witness associated with the same. Trial Court believed the prosecution story and found him guilty and sentenced him to R.I. for one month and fine of Rs. 300.00, in default of payment of fine 15 days S.I. Additional Sessions Judge did not find merit in the appeal and dismissed the same. The petitioner herein contends that the prosecution witnesses admitted that the petitioner was no...


Sep 04 1992

Union of India and anr. Vs. Ram Paul Singh Dahiya

Court: Delhi

Decided on: Sep-04-1992

Reported in: 48(1992)DLT464; 1992(24)DRJ86; 1992LabIC531; 1992RLR506

Gokal Chand Mital, C.J.(1) On a complaint made by Capt. I.S. Dalal, a Staff Court of Inquiry was ordered against Lt. Col. V.R. Kochhar, the Commanding Officer, on 14th September, 1974. In the Staff Court of Inquiry, Capt. I.S. Dalal appeared as a witness and statement of Major Ram Paul Singh Dahiya was also recorded. In that very Inquiry, certain allegations of misconduct made against Major Bhagirath Singh, also came to the notice. In the Inquiry conducted against Lt. Col. V.R.Kochhar, the Commanding Officer, Lt. Col. V. R. Kochhar was administered 'severe reprimand (to be recorded)'.(2) inspire of indicting the Commanding Officer, proceedings were initiated against all the three other officers, named above.(3) Against Major Bhagirath Singh, notice was issued under Section 19 read with Rule 14 of the Army Rules, 1954 and on a consideration of the reply, the Chief of Army Staff recommended to the Central Government for his removal from service and vide order dated 11th October, 1976, he...


Sep 04 1992

Apsara Cinema Vs. Assistant Commissioner of Income Tax.

Court: Delhi

Decided on: Sep-04-1992

Reported in: (1993)46TTJ(Del)378

ORDERVIMAL GANDHI, J.M. :This appeal by the assessed-firm for the asst. yr. 1984-85 is directed against order of CIT(A) upholding disallowance of Rs. 49,545 under S. 40(b) of IT Act on account of interest paid to the partners after rejecting assesseds contention that Rs. 21,425 as interest charged from partner Dr. Anil Prasad be deducted and only net amount be considered.2. Briefly stated facts are that assessed-firm in the relevant period had 12 partners Eleven partners had credit balance whereas the 12th partner, Dr. Anil Prasad had a debit balance in their accounts with the firm. The firm paid interest aggregating to Rs. 49,544 on credit balance of the partners. On debit balance of Dr. Anil Prasad, the firm charged interest of Rs. 21,425. The assessed before the Assessing Officer claimed that only net amount be disallowed under S. 40(b) of IT Act. In other words, the claim was that sum of Rs. 21,425 be deducted from Rs. 49,545 and only the net amount be treated as interest paid to p...


Sep 02 1992

Washeshar Nath Chadha Vs. Union of India

Court: Delhi

Decided on: Sep-02-1992

Reported in: 48(1992)DLT140; 1992(1)DRJ24

Sat Pal, J.(1) This writ petition filed under Article 226 of the Constitution of India read with Section 482 of the Criminal Procedure Code (hereinafter referred to as 'the Code') is directed against First Information. Report bearing crime No.RCI(A)/90/ACU-IV registered against certain unnamed persons and three named persons, namely, S/Shri Martin Ardgo, former President of Bofors A.B. (for short called 'Bofors'), G.P.Hinduja of London and the petitioner W.N. Chadha @ Win Chadha alleging commission of offences under sections 120B read with Sections 161, 162, 163, 164 and 165A of the Indian Penal Code read with sections 5(2)/5(l)(d) and 5(2)/5(l)(c) of Prevention of Corruption Act, 1947 read with sections 409, 420, 463 and 471 of the Indian Penal Code. In the writ petition the petitioner, inter alia, has prayed for quashing of the aforesaid First Information Report and the proceedings and the orders passed thereon and arising there from including the letter rogatory issued by the Specia...


Sep 02 1992

State Vs. J.P. Singh

Court: Delhi

Decided on: Sep-02-1992

Reported in: 1992(24)DRJ221A

Jaspal Singh, J. (1) Hardly a few hundred yards away from the Tis Hazari Courts there is a single storeyed bungalow. It is the official residence of an Additional District and Sessions Judge. He lives there with his family. J.P.Singh is his name. Beyond that house, but at some distance, is the St. Stephens Hospital. It appears that the land underneath the bungalow has been allotted to the hospital for its expansion though there was a long standing demand for its being made a part of court complex. The matter is before the High Court and it appears that an order to maintain status quo is in operation. This should have kept the peace. However, it did not. (2) It happened on the night of August 24. The Registrar came to know about it the same very night but for reasons best known to him, informed the Chief Justice about it on the 25th. The lesser mortals came to know on the morning of the 26th only and that too through the media. The news item was with regard to an attack on the person of...


Sep 02 1992

In Re: the Incident Invvolving Mr. J.P. Singh, Additional District and ...

Court: Delhi

Decided on: Sep-02-1992

Reported in: 1992(24)DRJ221; 1992RLR503

Jaspal Singh, J.1. Hardly a few hundred yards away from the Tis Hazari Courts there is a single storeyed bungalow. It is the official residence of an Additional District and Sessions Judge. He lives there with his family. J.P. Singh is his name. Beyond that house, but at some distance, is the St. Stephens Hospital. It appears that the land underneath the bungalow has been allotted to the hospital for its expansion though there was a long standing demand for its being made a part of court complex. The matter is before the High Court and it appears that an order to maintain status quo is in operation. This should have kept the peace. However, it did not.2. It happened on the night of August 24. The Registrar came to know about it the same very night but for reasons best known to him, informed the Chief Justice about it on the 25th. The lesser mortals came to know on the morning of the 26th only and that too through the media. The news item was with regard to an attack on the person of Mr...


Sep 01 1992

Shri Gopal Chand Khandelwal Vs. Union of India and Others

Court: Delhi

Decided on: Sep-01-1992

Reported in: 1993CriLJ2490; 1992(3)Crimes771; 1993(41)ECC263; 1992RLR119

ORDER1. The petitioner through the present writ petition under Article 226 of the Constitution of India wants to challenge his detention order F. No. 673/409/91-Cus.-7 dated 30-10-1991 passed by respondent No. 1 under section 3(1) of the COFEPOSA Act. 2. Brief facts which led to the present petition are as under : that the petitioner, absolutely innocent and has been falsely implicated in the present case by the officers of Directorate of Revenue Intelligence. The officers of the Directorate of Revenue Intelligence noticed a white Ambassador Car on 3-10-1991 in Chandni Chowk bearing No. DIB-3762 which had just stopped near Town Hall, Police Station. They intercepted the same along with its two occupants i.e. Gopal Chand Khandelwal and Surinder Kumar Sharma. On search of the said car a brief case was found therein. It was found to contain 195 foreign marked gold biscuits weighing 10 tolas each. The petitioner was forced to make a statement under S. 108 of the Customs Act incriminating h...


Sep 01 1992

Sapna Kalia Vs. University of Delhi and ors.

Court: Delhi

Decided on: Sep-01-1992

Reported in: 48(1992)DLT517

Mahinder Narain, J.(1) The petitioner Mrs. Sapna Kalia, has filed this petition under Article 226 of the Constitution. The petitioner's case is that the photo copies of the test booklet for the LL.B. entrance examination for the year 1992-93, containing the questions and answer sheet were freely being sold and solved, much prior to the commencement of the entrance examination on 02.08.1992. In support she has filed not only the photocopies of the question paper and the answer sheet but also the news item published in the Statesman dated 03.08.1992 along with a photo copy of the question paper. Similarly, the petitioner has also filed report published in The Indian Express, and the Navbharat Times dated 03.08.1992. (2) By this writ petition, the petitioner, inter alia, has sought declaration that the LL.B. entrance examination, which was held on 02.08.1992, be declared irregular, and hence cancelled. She has also prayed that re-examination be ordered for the purposes of admission into L...


Sep 01 1992

Desh Ram Pal Vs. State

Court: Delhi

Decided on: Sep-01-1992

Reported in: 1992(24)DRJ206

Usha Mehra, J.(1) The petitioner Desh Ram Pal has been implicated by the Police Station Moti Nagar. under Section 406 Indian Penal Code . vide F.I.R. No. 128/92. In brief the case of the prosecution is that the petitioner was married to complainant Smt. Santosh, daughter of late Shri R.L. Sharma. After the marriage, the petitioner started quelling and beating his wife and turned her out from his house along with their son who was eight months old. She lodged a report with the Police Station Rani Bagh. The petitioner filed a petition for divorce which was contested by his wife and got the same dismissed. The petitioner filed a writ petition which was also dismissed but the Letter Patent Appeal is pending. Since the wife had no source of income, thereforee, she filed a petition for maintenance and the Court granted the maintenance at the rate of Rs.350.00 per month. For some time the petitioner paid the amount of maintenance but thereafter stopped the same. She is living with her parents...


Sep 01 1992

Gopal Chand Khandelwal Vs. Union of India and ors.

Court: Delhi

Decided on: Sep-01-1992

Reported in: ILR1993Delhi312

Mohd. Shamim, J.(1) The petitioner through the present writ petition under Article 226 of the Constitution of India wants to challenge his detention order F. No. 6731409191-Cua.- 7 dated 30-10-1991 passed by respondent No. I under Section 3 of the Cofeposa Act. (2) Brief facts which led to the present petition are as under : that the petitioner is absolutely innocent and has been falsely implicated in the present case by the officers of Directorate of Revenue Intelligence. The officers of the Directorate of Revenue Intelligence noticed a white Ambassador car on 3-10-1991 in Chandni Chowk bearing No. DIB-3762 which had just stopped near Town Hall, Police Station. They intercepted the same Along with its two occupants, i.e., Gopal Chand Khandelwal and Surinder Kumar Sharma. On search of the said car a brief case was found therein. It was found to contain 195 foreign marked gold biscuits weighing 10 tolas' each. The petitioner was forced to make a statement under Section 108 of the Custom...


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