Delhi Court January 1993 Judgments
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Ashok Soap Factory and anr. Vs. Municipal Corporation of Delhi and ors ...
Court: Delhi
Decided on: Jan-12-1993
Reported in: 49(1993)DLT630; 1993(27)DRJ95
Yogeshwar Dayal, J. (1) These are batch of appeals against the judgment of Delhi High Court dated 1/03/1990 whereby the HighCourt by a common judgment disposed of a bunch of writ petitions, interalia, filed by Gulab Rai against the Municipal Corporation of Delhi andothers.(2) The challenge in the writ petitions was to the Resolution of the Municipal Corporation of Delhi (hereinafter referred to as M.C.D.) Whereby it approved the proposal of the Delhi Electricity Supply Committee (in short D.E.S.U.) to enhance minimum consumption guarantee charges fromRs. 40.00 per K.VA to Rs. 340.00 per Kva in respect of arc/induction furnaces.(3) The petitioners in the writ petitions had set up/installed are/induction furnaces for the manufacture of castings and have their factories in Delhi.(4) One of the important raw-materials for the writ petitioners iselectricity. Each of the petitioners had obtained electricity from the respondents and the sanctioned load is more than 100 KWS. The exact sanction...
Naresh Kumar Bansal Vs. G.S. Kalra and anr.
Court: Delhi
Decided on: Jan-12-1993
Reported in: 1993(25)DRJ230; (1993)IILLJ377Del
P.N. Nag, J.(1) The petitioner has challenged the award of the Presiding Officer, Central Government, Industrial Tribunal, Delhi dated 4th February, 1988, whereby the Labour Court has rejected the claim of the workman/petitioner and has decided the reference against him. The services of the petitioner were terminated with effect from 27th July, 1972 by the respondent while working as Cashier-cum-Go down Keeper in Shahdara Branch. The Central Government made the following reference to the Labour Court.'- 'WHETHER the action of the management of Central Bank of India, New Delhi in terminating the services of Shri N.k.Bansal, Assistant Cashier-cum-Go down Keeper in Shahdar Branch of the said Bank with effect from 27.7.1972 is justificed? If not, to what relief is the workman concerned entitled?'(2) The main ground on the basis of which the petitioner had challenged the Award was that be was neither a member of the Central Bank Employees Union nor had he given any authority to the said Uni...
Jallo Subsidiary Industries Co. (Lndia) Private Ltd. Vs. Delhi Develop ...
Court: Delhi
Decided on: Jan-12-1993
Reported in: 1993(25)DRJ233; 1993RLR122
P.N. Nag, J.(1) The short question for determination in this writ petition is whether the petitioner is entitled to the sanctioning of the building plan and commencement of construction on payment of usual penalty in view of the Notification issued by the Delhi Development Authority, published on 26th March, 1982 (Annexure- P.IA).(2) The brief relevant facts leading to the filing of the present petition are that the petitioner was granted a perpetual lease vide lease deed dated 18th November, 1970 by the President of India of a plot of land being the Industrial plot No.91, Block NO.A, measuring 2420 sq.yards in the lay-out plan of Okhla Industrial Area, Phase-11, New Delhi, which was registered on 9th December, 1970. As per clause 4(a) of the lease, the period for construction of the plot was two years from 3rd March, 1970. However, the period later on was admittedly extended up to 31st December, 1981 vide letter dated 21st September, 1981, Annexure-P.1. However, it appears that the bu...
Kamal Agarwal Vs. Union of India and ors.
Court: Delhi
Decided on: Jan-11-1993
Reported in: 1993(1)Crimes591; 1993(25)DRJ266
R.L. Gupta, J.(1) By this petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure the petitioner seeks issuance of writ of habeas corpus or any other appropriate writ, order or directions for immediate release because according to him his continued detention is illegal and wrongful. The detention order dated 22.1.92 was made under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA for short) by the second respondent Sh. Mahendra Prasad, Joint Secretary to the Govt. of India, Ministry of Finance, Department of Revenue, New Delhi. It was served on the petitioner on 21.8.1992.(2) As per information, evidence and severalenquiries, the officers of the Enforcement Directorate conducted certain investigation as a result of which they found that the petitioner along with several persons in and outside India during the period from April, 1990 to July, 1990 in a systematic and cal...
inder Singh Ahiuwalia Vs. Prem Chand JaIn and ors.
Court: Delhi
Decided on: Jan-08-1993
Reported in: 1993(25)DRJ147; 1993RLR197
A.B. Saharya, J. (1) By this petition under Section 25-B(8) of the Delhi Rent Control Act, 1958 (hereinafter called the Act), the petitioner-landlord has challenged an order dated 16th of February 1991 passed by the Additional Rent Controller, dismissing the application filed by him against respondent No.1 for recovery of possession of Bungalow No.H-4, Green Park Extension, New Delhi under Section 14(1)(c) of the Act.. he CR.338/91 (2) The petitioner filed the eviction application in March, 1986 on the plea that the premises let out to respondent No.1 by and under a lease deed dated 2nd of September 1970 for residential purposes are required bona fide by him for occupation as a residence for himself and for members of his family dependent of him, that he along with his brother Harjeet Singh Ahiuwalia respondent No.2, is co owner of the premises, and that be has no other reasonably suitable residential accommodation. He is an Indian national a- Barrister practicing law and living in Nai...
Satish Kumar @ SachIn Kumar @ Ashwini Kumar Bansal @ Bhaiya Vs. Union ...
Court: Delhi
Decided on: Jan-07-1993
Reported in: 1993CriLJ1283; 1993(1)Crimes1044; 49(1993)DLT628
R.L. Gupta, J.(1) By this writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 the petitioner seeks a declaration that the detention orderNo. 673/361/91-Cus. Viii dated 20.8.91 passed by the third respondent Shri Mahendra Prasad, Joint Secretary to the Govt. of India, Ministry ofFinance, New Delhi under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA Act forshort) in respect of Satish Kumar, detenu is illegal, void and bad in law andtherefore, same should be quashed and detenu be set at liberty.(2) Brief facts are that on 3.8.91, the officers of Air Intelligence Unit were maintaining surveillance on the passengers arrived by Thai Airways flight TG-313 inside the Customs arrival hall when one passenger was intercepted by them near the exit gate of the arrival hall while he had opted to go out of the airport through green channel. On scrutiny of the passport it ...
Satish Verma Vs. Union of India
Court: Delhi
Decided on: Jan-07-1993
Reported in: 1993CriLJ1532; 49(1993)DLT483
R.L. Gupta, J.(1) This petition under Article 226 of the Constitution of India read with Section 482 of Code of Criminal Procedure by the petitioner seeks issuance of a writ of Habeas Corpus or any other appropriate order or direction for quashing the order of detention dated 20-8-91 passed under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA Act forshort) by second respondent Shri Mahender Prasad, Joint Secretary to theGovt. of India, Ministry of Finance, New Delhi and a declaration passed under Section 9(1) of the Act dated 9-9-91 passed by third respondent.(2) The brief facts are that the petitioner had arrived by Thai Airways flight TG-313 on 3-8-91 at the Calcutta Airport. He opted to out of the gate through green channel. While he was near the exit gate with one hand bag, he was verbally enquired if he had any gold with him. He denied the same. However, on suspicion having arisen, be was taken to a separate counter and on...
B.R. Ram Dayal and Co. Vs. Ruldu Ram JaIn Etc.
Court: Delhi
Decided on: Jan-06-1993
Reported in: 1993(25)DRJ323
P.N. Nag, J.(1) This is a revision petition filed against the order of Mr. D.K. Malhotra, Subordinate Judge, Delhi dated 20th July, 1989, whereby he has dismissed the suit against respondent No.2. (2) The facts giving rise to the civil revision are that the petitioner/plaintiff filed a suit for the recovery of Rs.3,975.00 (Rupees three thousand, nine hundred and seventy five only) against respondent No. 1 in the court of the learned Subordinate Judge on the ground that the defendant firm i.e. defendant no. I approached the plaintiff and purchased goods worth R.s.2,771.30 (Rupees two thousand, seven hundred seventy one and paise thirty only) vide Bill No.4141 dated 20th December, 1977 at Delhi and the -goods were sent to the defendant by the plaintiff by G.R.No-7143 dated 20th December, 1977 through Montgomery Transport and the said goods were delivered to defendant No. I at Bathinda through the Montgomery Transport. (3) The petitioner filed two applications; (1) under Order 6 Rule 17 f...
Shri NaraIn Sharma Vs. the State
Court: Delhi
Decided on: Jan-05-1993
Reported in: 1993CriLJ1501; 1993(1)Crimes596; 49(1993)DLT565; 1993(26)DRJ25
ORDER1. The appellant has filed this appeal against the conviction and sentence under S. 20 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act for short) by Sh. O. P. Diwedi, Addl. Sessions Judge, Delhi. The sentence against him is RI for 10 years and fine of Rs. 1 lac or in default of payment of fine to undergo RI for two years. 2. The story of the prosecution in brief is that on 28-5-1987, ASI Shyam Singh was present in the office room of the SHO, Police Station, New Delhi Railway Station. The SHO, Inspector Jai Narain was also present there. ASI Shyam Singh received a secret information at about 6.45 p.m. that one person having charas in his possession will come by Vaishali Express and will go out through the railway phatak. A raiding party was organized. Public witness Sushil Kumar was also joined on the way. At about 7.30 p.m., the appellant is alleged to have entered the railway phatak from the side of the railway quarters, carrying a brief case in his hand. He was a...
Dev Ram Vs. Moti Lal
Court: Delhi
Decided on: Jan-05-1993
Reported in: 49(1993)DLT510; 1993(25)DRJ174
P.N. Nag, J.(1) The case set out in the plaint by the petitioner is that his father late Shri Manji Moolji was the owner of property bearing Municipal No.4294-96, Queens Road, Delhi-110006, who died in the year 1978 leaving behind the petitioner, his younger brother Shri Laiji Bhai and four daughters. Before his death, Shri Manji Mooiji had made a Will dated 22.1.1973 whereby the aforesaid was bequeathed solely in favor of the petitioner to the exclusion of all other legal heirs of Shri Manji Mooiji and as such the petitioner became the owner of the property on the basis of the Will. The respondent-defendant was given two rooms and a kitchen as a licensee by the deceased Shri Manji Mooiji and, thereforee, after his death, the respondent- defendant became a licensee under the petitioner-plaintiff. The license has since been revoked by the petitioner-plaintiff and, thereforee, the petitioner is entitled to the possession of the premises and as such he has filed a suit for possession and ...
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