Delhi Court February 1993 Judgments
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Bhai Mahavir Vs. Radhey Raman
Court: Delhi
Decided on: Feb-23-1993
Reported in: 50(1993)DLT100; 1993(27)DRJ66; 1993RLR330
P.K. Bahri, J. (1) This appeal is brought by -the landlord against the order of the Rent Control Tribunal dated 21/2/1987 by which he had dismissed the appeal filed by the landlord and had affirmed the order of the Additional Rent Controller dated 11/2/1988 by which the application of the landlord for recovery of the possession of the premises in question filed under Section 21 of the Delhi Rent Control Act was dismissed.(2) The case of the landlord in brief is that he is the owner-landlord of a double storied house bearing municipal No. 389-390, New Rajinder Nagar, New Delhi and he moved a petition under Section 21 of the Delhi Rent Control Act on October 12, 1978 mentioning that accommodation on the second floor of the said house of which plan was also filed was not required by the landlord for a period of five years and the respondent tenant Radhey Raman had agreed to take the said accommodation for residential purposes for the said period and the rent agreed upon was Rs.650.00 per ...
National Ex-servicemen Co-ordination Committee and ors. Vs. Union of I ...
Court: Delhi
Decided on: Feb-23-1993
Reported in: 1993(26)DRJ2
D.P. Wadhwa, J. (1) The petitioner, as the name would suggest, is a confederation of associations of ex-servicemen. The associations in turn have various ex-servicemen as their members. The challenge in the writ petition is that a mandamus be issued directing respondents not to deduct lte dearness relief on military pension payable to members of the petitioner. Consequent to this it has also been prayed that the amount of dearness relief already deducted on the military, pension of the ex-servicemen be refunded to them. This deduction has been made by the respondents on account of the ex-servicemen having been re-employed in Central or State Governments or other Government undertakings. The respondents are Union of India through the Secretary, Ministry of Defense and the Controller of Defense Accounts, New Delhi.(2) When we issued notice on this petition to show cause as to why rule nisi be not issued we also at the same time restrained the respondents from deducting dearness relief fr...
Chander Pal and ors. Vs. State and anr.
Court: Delhi
Decided on: Feb-22-1993
Reported in: 1993(3)Crimes52; 50(1993)DLT363; 1993RLR406
R.L. Gupta, J. (1) I propose to dispose of both these petitions bya common order. Cr M(M) 2800/92 is filed by four petitioners whereas the second petition (Cr. M.(M) 2846/92) is filed by only two of them. These are tiled under Section 482 of the Code of Criminal Procedure, (Code forshort) and Article 227 of the Constitution of India. In the first petition,the relief sought, is that the order dated 3.9.1992 of the learned M.M. for issuing processes under Sections 82 and 83 of the Code may be declared null and void while in the second petition order for issue of non-bail able warrants issued against them on 18.8,92 is sought to be quashed, being illegal and arbitrary as the petitioners were on bail and their bail had not been cancelled.(2) The brief facts according to the story of the prosecution based on the statement of Sh. Ved Parkash. injured (who subsequently died on8.6.92) are that at about 9.45 a.m. on 29.4.1992 he was going from his house with a Lota containing Lussi to his Baith...
Balbir Singh and anr. Vs. State
Court: Delhi
Decided on: Feb-22-1993
Reported in: 50(1993)DLT528
R.L. Gupta, J. (1) Petitioners who are the father-in-law and husband respectively of the deceased Smt. Kavita are facing prosecution for offences under Sections 498A/304B/201/34 IPC. They have applied for grant of bail, (2) I have heard arguments advanced by learned Counsel for the parties.' The brief facts are that on receipt of a Dd report No. 5-A dated 24.9.92, Sh. Raj Kumar reached J.J. Colony, Tigri and found that the deceased Smt. Kavita had already been cremated on 23.9.92. The parents of the deceased were not found available. They were accordingly called from their village in Haryana. The came on 25.9.92 and Sh. Jai Bhagwan, brother of deceased gave a statement to the police as follows : 'I am working in the Punjab National Bank. We are 2 brothers and 4 sisters and are residents of Village Nehra, District Sonepat. Kavita is the youngest and was married on 5.4.92 to Sanjay Kumar (petitioner No.2). At the time of the wedding we spent Rs. 1.5 Lakhs so that my sister could live pea...
Jayanti Pd. Goel Vs. Suresh JaIn and anr.
Court: Delhi
Decided on: Feb-22-1993
Reported in: 50(1993)DLT11
R.L. Gupta, J. (1) This petition has been filed for cancellation of bail under Section 439 Code of Criminal Procedure (Code for short)allowed to the first respondent by learned Asj, Shabdara, Delhi.(2) The facts leading to the prosecution of the first respondent 1 are that Smt. Chhama Jain.tdaughter of the petitioner-complainant, was married to the first respondent (on 4-7-1991 at Shahdara. Just after .about fourmonths' it is alleged, the first respondent and his parents started harassing her for bringing insufficient dowry She was tortured and humiliated also./ THERE was a specific demand/of Rs. 15,000.00' by the first respondent. A sum of 5,000.00 was paid to him and on their inability to pay the balance amount of Rs. 10,000.00 she was alleged to have been brutally murdered along with a six months child in her womb by the first respondent his sister and parents on 5-4-1992. A case was registered under Sections 498A/304B read with Section 34 Indian Penal Code vide Fir No. 94/1992 in P...
Rajbir Singh @ Raju Vs. State
Court: Delhi
Decided on: Feb-22-1993
Reported in: 51(1993)DLT169; 1993(26)DRJ191
Sat Pal, J. (1) Since these two appeals arise out of the same judgment dated 9th December, 1989 passed by Shri R.C Jain, Additional Sessions Judge, Delhi, the same are being disposed of by this common judgment.(2) Briefly stated the facts of the case are that one Km. Rani who was about 12 years old at the relevant time and was residing with her parents at House No.37, Raghubir Nagar, Delhi, was found missing at about 12.00 noon on 31st March, 1987. When she could not be traced, a report was lodged at Police Station Rajouri Garden. After about 7 days, Km. Rani reached her native place Sitamarhi in Bihar and after her parents were informed, her mother went there and brought her to Delhi on 7th May, 1987.(3) After reaching Delhi, Km. Rani disclosed to the police that about one month ago she had gone to public bathroom to wash clothes when accused Rekha @ Rani met her and asked her to accompany her and after walking 2/3 yards, accused Rajbir Singh @ Raju also met and tied a piece of cloth ...
The Management of New Delhi Tuberculosis Centre Vs. Lt. Governor of De ...
Court: Delhi
Decided on: Feb-22-1993
Reported in: 50(1993)DLT92; 1993(26)DRJ415; 1993LabIC913; (1994)ILLJ662Del
Y.K. Sabharwal, J.(1) The Petitioner-Management of New Delhi Tuberculosis Centre (the Management) terminated the services of its employee Bharat Singh respondent No. 4 (Workman') by issuing a Memorandum dated 13th September 1975 informing the Workman that his services will no longer be required with .effect from the date of the Memorandum. An industrial dispute was raised by the Workman which was referred for adjudication to the Labour Court. The term of reference is as under:- 'WHETHER the termination of services of the Workman Sh. Bharat Singh is wrongful and/or illegal and, if so, to what relief is he entitled.'(2) The Workman alleged in his statement of claim that he joined the services of the Management in the month of June, 1956 as a Peon against a permanent regular post and subsequently he was promoted as Daftri in 1968 against a permanent post on the basis of his satisfactory and efficient work and later he was promoted as Record Sorter in the next higher grade and was working ...
R. David Vs. Kanta Rani and ors.
Court: Delhi
Decided on: Feb-22-1993
Reported in: 50(1993)DLT193; 1993RLR346
P.K. Babri, J. (1) This appeal is directed against order of the Rent Control Tribunal dated 10/07/1987, by which he dismissed the application of the tenant-appellant seeking setting aside of the eviction order dated 25/05/1983, made in Rent Control Appeal No. 109/83 by the Rent Control Tribunal.(2) Facts of the case, in brief, are that Mustaq Ram-petitioner No. 2(since deceased) was the owner of Property No. 34, Krishna Market, LajpatNagar-1, New Delhi and the property was being managed by his married daughter Smt. Kanta Rani. Smt. K.anta Rani had let out the premises in question comprising of one room, verandah, temporary store, bath and W.C.located on the rear portion of the said property to the appellant-R. David ona monthly rent of Rs.100.00per month vide rent note dated 14/11/1967. The eviction petition was brought by Smt. Kanta Rani and Mustaq Ram against the tenant on the grounds of eviction covered by Clauses (a) &(e) of proviso to Sub-section (1) of Section 14 of the Delhi Ren...
ishwari Dass Vs. Rallia Ram and ors.
Court: Delhi
Decided on: Feb-22-1993
Reported in: 50(1993)DLT64
P.K. Bahri, J. (1) This civil revision is directed against order of eviction passed by the Additional Rent Controller on 24/09/1988, on the ground of eviction covered by Clause (e) of proviso to Sub-section (1) of Section 14 of the Delhi Rent Control Act.(2) Counsel for the petitioner has urged only one legal contention in seeking setting aside of the eviction order. He has not challenged the findings of the Additional Rent controller that the demised premises were let out to the petitioner for residential purposes only and the respondent-landlord bona-fide requires the same for occupation as residence for himself and for his family members dependent upon him and that neither the landlord nor his family members are in possession of any reasonably alternate suitable residential accommodation.(3) The contention raised before me is that eviction petition brought on 7/06/1984, was premature as it had been brought within five years of the transfer of the property in question in favor of the...
Prima India Products Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Delhi
Decided on: Feb-18-1993
Reported in: (1993)45ITD249(Delhi)
1. By means of this petition the assessee is seeking a stay of the demand raised by the Revenue. At the outset, there was an objection on the part of the learned Departmental Representative to the petition being proceeded with on the ground that the assessee had not exhausted the remedies available to it before the tax authorities. Attention was invited to the non-availability of written orders from the Commissioner vis-a-vis assessee's application dated 25-1-1993 addressed to him.2. The learned counsel countered this by stating that the Commissioner of Income-tax had not cared to pass any orders till date on the application dated 25-1-1993 and that apart no formal communication had been sent by him either acknowledging the said application. According to him the tax authorities continued to press the assessee to make the payment of the disputed amount knowing very well that its stay application to the Commissioner of Income-tax remained undecided.3. Without prejudice to the aforesaid ...
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