Delhi Court February 1993 Judgments
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Smt. Vidya Wati (Deceased) Through Her L.Rs. Vs. Hans Raj (Deceased) T ...
Court: Delhi
Decided on: Feb-08-1993
Reported in: AIR1993Delhi187; 49(1993)DLT585; 1993RLR273
1. These two appeals arise from common judgment of an Additional District Judge dated March 31, 1983 by which he accepted the appeals RCA No. 14/73 and RCA No. 22/73 and the suit filed by Nityanand predecessor-in-interest of the appellants in RSA No. 248/73 was dismissed while Suit No. 492/69 filed by Hans Raj predecessor-in-interest of the respondents in RSA No. 249/73 was decreed. For the purpose of facility I would describe the appellants i.e. successors-in-interest of Nityanand in RSA No. 248/73 as 'landlord' and the successor-in-interest of Hans Raj as 'tenant'.2. The question which would arise for decision in these appeals is as to whether there was a tenancy created in favor of the tenant in respect of the shop or a tenancy was created in respect of the business being run in the said shop3. The undisputed facts are that Nityanand was the owner of the shop in question bearing No. 12/171, Sunder Nagar Market, New Delhi and he had given this shop to one Bahadur who was married to a...
Union of India Vs. Free India Dry Accumulators Ltd.
Court: Delhi
Decided on: Feb-08-1993
Reported in: 1993(1)ARBLR418(Delhi); 50(1993)DLT375; 1993(25)DRJ354; 1993RLR260
C.M. Nayar, J. (1) This is a petition under Section 14 of the Arbitration Act, for directing respondent no.2 to file the Award along with the arbitration proceedings in this Court. Notice was issued to respondent no.2 to file his Award, as well as, the proceedings. (2) The brief facts of the case are that the petitioner entered into a contract as per A/T No. ME-8/504/08/16t)-036/063-068-632/074/111/F1/921 datcd'31.8.1971 turn supply of 5,165 Nos. Lead Acid storage Cells, 200 Ah. and 12,090 Nos. of 300 Ah. The said contract contained an arbitration clause wherein it was provided that in case of any difference/ disputes arising between the parties under the contract, the same shall be referred to the sole arbitration of an officer of the Ministry of Law, to be appointed by the Director General of Supplies and Disposal. (3) Certain disputes and differences, having arisen between the parties and on the respondent's moving an application under Section 20 of the Arbitration Act in this Court...
Attar Mian Vs. State
Court: Delhi
Decided on: Feb-08-1993
Reported in: 1993(25)DRJ284
Sat Pal, J.(1) In this case the appellant was convicted under section 307 and 324 Indian Penal Code vide judgment -dated 31st August,1992 passed by the learned Additional Sessions Judge, Delhi and vide order of sentence dated 3rd September, 1992 he was sentenced to undergo R.I. for a period of 10 years and a fine of RS.1000.00 or in default to undergo R.I. for ten days for the offence punishable under section 307 lPC and to undergo R.I. for a period of six months and a fine of Rs.500.00 in default to undergo further Ri for a period of five days for the offence punishable under section 324 Indian Penal Code.(2) The aforesaid judgment was challenged by the petitioner' and his appeal being Criminal.A. 172/92 was admitted on 4th November, 1992.(3) In the present application the appellant has prayed turn suspension of the execution of the sentence passed by the learned Additional Sessions Judge and for a further direction for release of the appellant on bail.(4) Mr. Gandhi, the learned coun...
S. Amrik Singh Vs. State and anr.
Court: Delhi
Decided on: Feb-08-1993
Reported in: 50(1993)DLT36; 1993(26)DRJ30; 1993RLR172
R.L. Gupta, J.(1) This petition has been filed under Sections 439(2) and 482 of the Code of Criminal Procedure (Code for short) for cancellation of bail granted to the second respondent Gurpreet Singh alias Bobby (hereinafter called the respondent) by the learned Additional Sessions Judge (ASJ) vide order dated 9.6.1992. (2) The brief facts leading to the registration of FIR. No. 540 of 1990 at Ps Tilak Nagar under Sections 302/307/34 Indian Penal Code against the respondent and co-accused Satnam Singh are that on 20.9.90 at about 7.30 Pm, Satnam Singh, co-accused caused stab in juries to Smt. Karam Kaur at her house in Krishna Park, New Delhi and ran away from there. This led to the registration of a case under Section 307 Indian Penal Code in Ps Tilak Nagar vide Fir No.539 of 1990 at about 8.30 Pm the same night. Sh. Iqbal Singh and the injured Gurvinder Singh (hereinafter called the injured) who wanted to start a Health Club, had gone to pickup Davinder Singh, deceased (hereinafter ...
Virender Singh and ors. Vs. State
Court: Delhi
Decided on: Feb-08-1993
Reported in: 1993CriLJ1627; 1993(1)Crimes1077; 49(1993)DLT692; 1993(26)DRJ20; 1993RLR168
R.L. Gupta, J.(1) This petition under Section 482 of the Code of Criminal Procedure (Code for short) has been filed for quashing an order dated 27.1.1992 by the learned Additional Sessions Judge by which he declined the prayer of the petitioners for recalling Public Witness -6 for further cross-examination and examining another witness in defense by the accused petitioners.(2) The brief facts of the case are that on 20.1.92 petitioners who are facing prosecution under Section 302 read with Section 34 Indian Penal Code in Fir No. 457/83 registered in Ps Karol Bagh moved an application for recalling Public Witness -6 Manjit Singh and also for examination of one Parveen Dua of Dua Tea Stall, Naiwala Street, Karol Bagh as a defense witness. It was stated in this application that the prosecution had taken about 9 years to complete its evidence of 20 witnesses only in which there was only one eye witness and the remaining witnesses were formal in nature. The plea of the petitioners had been ...
S.K. Baharal and ors. Vs. the Administrator of Delhi and anr.
Court: Delhi
Decided on: Feb-08-1993
Reported in: 1993(27)DRJ58
P.N. Nag, J.(1) In this petition the petitioners, who are working in the subordinate courts of Delhi, have challenged the Administrative Instructions dated 22nd September, 1978 (Annexure- P.3) issued by the High Court of Delhi and the consequent promotions of respondents 4 and 5 as Assistants and respondents 6 to 15 as Upper Division Clerks from the post of Naib Nazirs, which belong to Process Serving Establishment, and not to General Line. (2) The relevant facts set out in the petition are that the petitioners are working in the subordinate courts in the Ministerial Establishment (General Line) and are governed under the provisions of Chapter 18-A of the Punjab High Court Rules and Orders (Volume 1), in the matter of appointment and promotion. They have right to be promoted as Upper Division Clerks, whereas Naib Nazirs under these rules have no right to be promoted as Upper Division Clerks. As a matter of fact the ministerial staff in the subordinate courts have been divided into two ...
Manohar Lal Vs. Pushpawati Jain
Court: Delhi
Decided on: Feb-08-1993
Reported in: 49(1993)DLT653; 1993(26)DRJ33
P.K. Bahri, J.(1) All these petitions pertain to rent control proceedings in respect of different tenants of the same building and in all these cases', only ground of bonafide requirement for residence of the landlady and her husband has been set up. It is in the interest of justice that all these petitions are decided by this common judgment because facts in all these cases are similar and question arising on merits are also similar. (2) Property No.4974, Ward No. Xii situated at Mata Mandir, Roshanara Road, Subzi Mandi, Delhi is located in a plot measuring 122-6' X 18-8'. In this property rooms have been constructed in a row. There are common facilities of latrine and bath available to occupants of various rooms in this property. All the tenants in various rooms are very very old tenants and the rooms are just kuchha kothris and the tenants who come from very lower strata of life have been living in these rooms, some since 30 years and other since 40 years or so, and are paying very ...
Fibre Hand (Sales) Pvt. Ltd. Vs. Chand Rani
Court: Delhi
Decided on: Feb-08-1993
Reported in: AIR1993Delhi201; 50(1993)DLT68; 1993(25)DRJ382; 1993RLR228
Santosh Duggal, J.(1) The petitioner is tenant in a portion of property No.8, Jamna Road, Civil Lines, Delhi under respondents No. 1 and 2, by means of a registered lease deed. dated 25.3.1983. The order which has given rise to the present revision petition under section 25B(8) of the Delhi Rent Control Act, 1958, (for short 'the Act'), was passed by .the Additional Rent Controller dismissing the application filed by the petitioner for leave to contest the eviction petition, instituted by respondent No. I, Suit. Chand Rani, invoking provisions of section 14D of the Act, wherein respondent No.2, was imp leaded as second respondent. (2) The Additional Rent Controller, consequential to dismissal of application for leave to defend, passed an eviction order under section 14D read with section 25B of the Act by means of the impugned order dated 24.9.1992. (3) The correctness of this order has been assailed in the present revision petition on the contention that the petition under section 14-...
Mool Chand Vs. State
Court: Delhi
Decided on: Feb-08-1993
Reported in: 1993(3)Crimes224; 49(1993)DLT649
R.L. Gupta, J.(1) Appellant has filed this appeal against his conviction and sentence dated 30.5.91 by the learned Asj, Delhi under Section 18 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short NDPSAct) for being found in possession of 4 kg. of opium. He was sentenced to undergo Rl for ten years and also to pay a fine of Rs. one lac failing which he was to suffer Si for 2-1/2 years.(2) The story of the Prosecution is that on 11.1.1988 Asi 0mParkash was on patrol duty along with certain police officials. On receiving certain secret information he organized a raiding party comprising of police officials and one public witness Rashid. A Nakabandi was picketed at the intersection of Shanker Gali and Bazar Sita Ram. At about 10.00 a.m. the appellant was apprehended. He was given an option that he could be produced before a Gazetted Officer or a Magistrate for search if he so desired.He, however, declined. He was found to be carrying one brandy colored bag on his shoulder. ...
Vidya Wati Vs. Hans Raj
Court: Delhi
Decided on: Feb-08-1993
Reported in: 50(1993)DLT625
P.K. Bahri, J.(1) These two appeals arise from common judgment of an Additional District Judge dated March 31, 1983, by which he accepted the appeals Rca No. 14/73 and Rca No. 22173 and the suit filed by Nityanand, predecessor-in-interest of the appellants in Rsa No. 248173 was dismissed while Suit No. 492/69 filed by Hans Raj predecessor-in-interest of the respondents in Rsa No. 249/73 was decreed. For the purpose of facility I would describe the appellants i.e. successors-in-interest of Nityanand in Rsa No. 248173 as 'landlord' and the successor-in-interest of Hans Raj as 'tenant'.(2) The question which would arise for decision in these appeals is as to whether there was a tenancy created in favor of the tenant in respect of the shop or a tenancy was created in respect of the business being run in the said shop (3) The undisputed facts arc that Nityanand was the owner of the shop in question bearing No. 121/71 Sunder Nagar Market, New Delhi and he had given this shop to one Bahadur w...
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