Delhi Court March 1993 Judgments

D. Khosla and Company Vs. Y.N.R. Rao and anr.

Court: Delhi

Reported in: 1993(26)DRJ195

S.C. Jain, J. (1) This is a petition under Section 14 and 17 of the Arbitration Act for making the Award dated 23rd December, 1989 the Rule of the Court. In brief the facts of the case, as are apparent, are that in a dispute between M/s. D.Khosla & Company (hereinafter referred to as the petitioner) and the Chief Engineer, Delhi Zone, Delhi Cantt. (hereinafter referred to as the respondent No.2), pertaining to contract agreement No. CE(RCP) 86 of 82-83, reference was made to Shri Y.N.R. Rao, Chief Engineer (hereinafter referred to as respondent No. 1) to act as a Sole Arbitrator vide reference letter No. 13600/WC/369/E8 dated 19th May, 1988. The respondent No.1 entered upon the reference and held the arbitration proceedings between the petitioner and respondent No.2 . The respondent No. I on 23rd December, 1989 has made and published his Award and gave due notice of the same to the petitioner and respondent No.2. In these circumstances, M/s. D. Khosia and company, the petitioner has fi...

Poonam Verma Vs. Central Board of Secondary Education and ors.

Court: Delhi

Reported in: 50(1993)DLT660

Vijender Jain, J. (1) -RULE D.B. (2) Since we have heard the parties at length, we propose to dispose of the petition at this stage itself. (3) This is a petition filed by Miss Poonam Verma praying for issuance of appropriate writ or order to respondent-Central Board of Secondary Education (CBSE) to consider the petitioner as a candidate for All India Senior Secondary Certificate Examination with Sanskrit Elective as one subject and allow the petitioner to appear in Sanskrit Elective paper on 30/03/1993. (4) Briefly slating the facts, the petitioner appeared in the All India Senior School Certificate Examination, conducted by Cbse for the year 1992as a regular student of Green Fields Public School. Delhi. She had Mathematics as one of the papers. She could not pass the examination and thus failed. The petitioner sought re-admission in the Green Fields School and opted for Sanskrit Elective in place of Mathematics. The case of the petitioner is that she moved an application for the chan...

Shafiq @ Munna Vs. State

Court: Delhi

Reported in: 50(1993)DLT294

Sat Pal, J. (1) This is a petition for grant of bail under Section 439 of Code of Criminal Procedure. In this petition, it has been submitted that the petitioner has falsely been implicated in the present case, besides two other cases i.e. Fir No. 249/91 P.S. Krishan Nagar and Fir 125/91,P.S. Model Town. It has also been stated that the petitioner has already been granted bail in the other two cases. It has further been stated that four co-accused in this case, namely, Jitender Kumar, Rais Ahmed, Suresh and Rajiv had already been granted bail. Along with the petition, the petitioner has also annexed copies of the orders dated 6-8-92, 25-8-92,2-11-92 passed by this Court granting bail to co-accused Jitender Kumar,Suresh Kumar and Sahidu.(2) Mr. Jain, the learned Counsel appearing on behalf of the petitioner submitted that the role assigned to the petitioner is same as that to Jitender who was granted bail by this Court on 6/08/1992 and as such the petitioner should also be released on b...

Parveen Gore Bittu Vs. State

Court: Delhi

Reported in: 50(1993)DLT330

Sat Pal, J. (1) These two petitions have been filed under Section 439 of Code of Criminal Procedure for release of the petitioners on bail. Cr. M(M)247/93 has been filed by accused Maninder Singh @ Picky and Crl. M(M)339/93 has been filed by accused Praveen Gore @ Bittu. Since both the petitioners were arrested in connection with the same case Fir No. 292dated 10/11/1992 P.S. Sarai Rohilla, I am disposing of both the petitions by a common order.(2) Briefly stated the facts of the case are that the abovementionedFIR. was registered at the instance of one Rajesh Kumar. According to the said complainant, on 10/11/1992 he and other members of Ekta Cricket Club were playing cricket in Gymkhana Ground, New Delhi when they were stopped by boys of Inborn Cricketers Club. At about 12.00 noon,the complainant went to the office of I.O.W. for drinking water from the tap where he exchanged some hot words with the brother of accused Maninder Singh. When he went back to the ground, Maninder's brother...

New India Assurance Co. Vs. Murti Devi and ors.

Court: Delhi

Reported in: 1994ACJ291; 51(1993)DLT156; 1993(27)DRJ112

Usha Mehra, J.(1) A very interesting point has been raised regarding the applicability of the amendment brought about on 2nd March, 1970 to the Motor Vehicle Act (hereinafter called the Act) on enhancing the statutory liability of the Insurance Company, from Rs.20,000.00 to Rs.50,000.00 . The question for consideration is whether this amendment would apply retrospectively to the insurance policy which was issued prior to 2.3.70. (2) Admitted facts on record are that the vehicle in question was insured with the appellant on 24th September, 1969 for one year. The amendment was brought about on 2.3.70. The accident in question took place or 4.5.70. The insurance policy was placed on record and exhibited as Ex.R-1. The liability of the insurance company as per the Ex.R-1 was Rs.20,000.00 . The Motor Accident Claim Tribunal (hereinafter called the Tribunal) fixed the liability of the appellant Insurance Company atRs.50,000.00 and awarded the amount of compensation to the tune ofRs.38,400.00...

New India Assurance Co. Ltd. Vs. Dhanesh Kumar and ors.

Court: Delhi

Reported in: 1993ACJ1122; (1993)105PLR73

Usha Mehra, J. 1. M/s. New India Assurance Company has filed this appeal under Section 110-D of the Motor Vehicles Act (hereinafter called the Act) against the award dated 31st August, 1979 by the motor Accident Claim Tribunal (hereinafter called the Tribunal). In short the facts of the case are that the deceased Dr. Ishwar Dass Kumar on 1st August, 1970 at about 8.00 P.M. at Shyama Prasad Mukherjee Marg was crossing the road from Garden side towards Railway Station. The offending taxi No. DLT-2856 driven rashly, recklessly and negligently by Hans Raj, respondent No. 1, came and hit Dr. Ishwar Dass Kumar with its front. The deceased was removed to hospital in the same taxi by the people present there is unconscious state. Because of that impact Dr. Ishwar Dass Kumar died in the hospital. Sunder lal and Janak Raj are stated to be the eye witnesses. Janak Raj appeared as PW 3. He testified that it was the offending taxi which hit the deceased with the front central part of the taxi. Jana...

Allen Bradley India Ltd. Vs. Deputy Commissioner of Income Tax.

Court: Delhi

Reported in: (1993)47TTJ(Del)314

ORDERM. A. BAKHSHI, J. M. :The appeal of the appellant, being a limited company, is directed against the order dt. 7th Aug., 1992 of CIT(A), Muzaffarnagar. The dispute, inter alia, is relating to the addition of Rs. 1,64,70,000 made under S. 68 of the IT Act, 1961. In the previous year ending on 31st March, 1989 assessed claimed to have received the following amounts from the respective parties :(i) Allen Bradley Overseas Ltd., U.K. 1,05,30,000 (ii) Debikay Technologies Ltd. 1,24,20,000 (iii) Majestic Trading & Services (P) Ltd. 40,50,000 2,70,00,000 Since assesseds share capital had gone up to Rs. 4.05 crores from Rs. 1.35 crores in the preceding year, the Assessing Officer vide order-sheet entry dt. 24th July, 1990, required the assessed to furnish detailed list of fresh shareholders giving their complete postal address together with confirmation letters from them indicating their ward/circle/range, etc. On 23rd Aug., 1990, assessed furnished information as required by the Assessing...

Municipal Corporation of Delhi Vs. Narinder Kumar Rohtagi

Court: Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

R.N. Mittal, President: 1. appea1 has been filed by the opposite party against the order of the District Forum by which compensation of Rs. 1,000/- has been granted to the complainant against them and they have been directed to take immediate steps for supplying water free from impurities to the complainant. 2. Briefly the facts are that the complainant has got a municipal water connection at his house. It is alleged that he was being supplied contaminated water and inspite of his requests the quality of water was not improved by the opposite party. Consequently, he took a sample of the water from that tap for laboratory test and filed a complaint before the District Forum-I for directing the respondent to take steps for supplying pure and uncontaminated water and pay damages. It is further alleged that on account of contaminated water the complainant and the members of his family suffered ailments and he had to incur an expenditure of about Rs. 3,000/- on treatments. 3. The respondent...

Dr. Moti Lal JaIn and Another Vs. M/S. Marudhar Service Limited and An ...

Court: Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

R.N. Mittal, President: 1. This order will dispose of complaints Nos. 220 to 227 and 230 of 1992. The facts in the judgment are being given from complaint No. C-223/92. Respondent No. 1 floated a scheme known as Marudhar Farms. The Swati Investment Plan and advertised it in daily newspapers. It was stated that Marudhar Farms were located near Sohna, Distt. Gurgaon, Haryana, distance of 42 kms. from Delhi on National Highway No. 8. 2. They issued a brochure entitled Money Grows on Trees, which gave 8 options to the investors on depositing a sum of Rs. 30,000/- as detailed below : Ready Reckoner of Returns(On Rs. 30,000/-)Simple (6 Years)(Compound)(12 Years)(A) Rs. 90.000/-(E) 2,70,000/-The Land and Trees are sold lo the Co.(B) Rs. 50,000/-Plus Land(F) Rs. 1,85,000/-Plus LandThe Trees are sold to the company and the Land is retained by the allottees.(C) Rs. 40,000/-Plus 500 Trees(G) Rs. 85,000/-Plus 1000 Trees (500 after every 6 years)The Land is sold to the Company, and the Trees are ...

O.P. Gupta vs. M.T.N.L.

Court: Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

R.N. Mittal, President: 1. An application has been filed by the complainant for rectification of alleged typographical mistake in the order of this Commission. It is alleged that inadvertently the dispute relating to unauthorized use of telephone No. 235023 has been referred to in the order as dispute under Rule 421 instead of under Rule 420 of the Indian Telegraph Rules. 2. The application has been contested on behalf of the respondent. The facts are that the complainant filed a complaint before us for granting damages to him for illegal disconnecting his telephone No. 235023 and for quashing the notice dated 5.3.91 issued under Rule 420. At the time of arguments a compromise was arrived at between the parties according to which it was agreed that the telephone connection would be restored to the complainant subject to the payment of rental charges and restoration fee. It was further agreed that the dispute under Rule 421 between the parties be referred to the Arbitrator by the respon...