Delhi Court April 1993 Judgments

S.S. Karana Vs. the Election Commision and anr.

Court: Delhi

Reported in: ILR1993Delhi412

Gokul Chand Mital, J.(1) C.J., S.S.Karana, who claims to be an active Congress (1) worker for the last 4-5 years baa approached this Court under Article 226 of the Constitution of India for issue of an appropriate writ restraining the President of the All India Congress Committee (1) from nominating two members on the Congress Working Committee to the seats vacated by the elected members in the Triputi Session of Aicc (I). as the same would be in contravention of the party's constitution.(2) It cannot be disputed that All India Congress Party (1) is a registered political party and is not amenable to the jurisdiction of this Court under Article 226 of the Constitution of India. But to maintain a p (3) Section 29A provides for registration of political parties with the Election Commission. Under sub-section (1) art association or body of individuals calling itself a political party and intending to avail itself of the previsions of Part IV-A has to make an application to the Election Co...

Bir Randhir Singh Vs. Kartar Singh

Court: Delhi

Reported in: 50(1993)DLT419

P.K. Bahri, J. (1) Only short point is involved in this appeal. I have heard the arguments and proceed to dispose of this appeal. (2) This appeal is directed against order dated 4/12/1989, by and Additional District Judge by which he had dismissed the application moved by the appellant under Order Xxii, Rule 4 read with Section 151 of the Code of Civil Procedure turn bringing on record legal representatives of deceased respondent-Kartar Singh. The application was dismissed as being time barred. (3) A suit was brought by the deceased-respondent for recovering of possession which was decreed vide judgment dated 29/05/1982. The appellant had filed the appeal before the first appellate Court and on 9/08/1988, Counsel for the respondent informed the appellant that respondent had died on 25/02/1988. An application for bringing on record the legal representatives of deceased respondent was moved on 7/12/1988. In the application there were no facts mentioned which could entitle the applicant-a...

Gurnam Kaur and ors. Vs. Tulsi Devi

Court: Delhi

Reported in: 51(1993)DLT261

Vijender Jain, J.(1) The facts leading to the filing of the present appeal are that the present appeal has been filed by the defendants against the order dated 30-9-1978 passed by Shri M.S. Rohilla. Sub Judge 1st Class,Delhi. Sunder Singh, ancestor of the present defendants (appellants herein)was allotted two houses bearing Nos. M/67-A and M/67B, Malviya Nagar,New Delhi by the Ministry of Rehabilitation, Government of India. The sale consideration whereof was required to be paid in Installments. The respondents filed the suit against the appellants in the Court valuing the suit at Rs. 8,580.00 thereby fixing the value of the property in question. The appellants-defendants in their written statement took the objection to thevaluation, the same being wrong as each quarter was more than Rs. 15,000.00at the relevant time. It is important to mention that for the first time suit was filed by the respondents in the year 1965 whereas the agreement in question was entered into on 22/06/1959. Pr...

Jhon Topo @ Jhohni Vs. State

Court: Delhi

Reported in: 51(1993)DLT503; 1993(26)DRJ526

Sat Pal, J. (1) This is a petition for release of the petitioner on bail under Section 439 of the Crl. Procedure Code. (2) In this case the Fir was registered at the instance of Sanjay Kumar who himself was injured on the date of occurrence. It has been alleged that on 12th April, 1988 at about 9.15 Pm Sanjay Kumar, complainant Along with Vivek Jain @ Bobby (deceased) was coming from Basrurkar Market when three boys, namely, John Topo @ Johney (petitioner), Abhey Sarang and Neol Roopak Kajoor came from the side of Ring Road. It is further alleged that the petitioner gave an exhortation 'Yeh Woh Larka Hai jo Aye Din Mujhsey Pangey Leta Hai' and thereafter all the three accused started giving fists and blows to the complainant and deceased Vivek Jain. It is further alleged that the petitioner told the co-accused Abhey Sarang to take out the knife and kill Vivek Jain @ Bobby and thereafter accused Abhey Sarang took out the knife from the dub of his pent and inflicted knife injuries on the...

Delhi High Court Bar Association and Anr. Vs. Hon'ble Chief Justice Hi ...

Court: Delhi

Reported in: 50(1993)DLT532; 1993(26)DRJ99

D.P. Wadhwa, J. (1) The petitioners, numbering two, by this petition filed under Article 226 of the Constitution of India seek a declaration that 4 of the Delhi High Court (Amendment) Act, 1991 (for short 'the Amending Act') is ultra virus the Constitution and section 10 of the Delhi High Court Act, 1966 (forshort''the Principal Act'), and so also Notification No. 825 (E) dated 9 November 1992 of the Central Government in the Ministry of Law, Justice and Company Affairs, is ultra virus the Constitution and section 10 of the Principal Act. By the Amending Act the words 'rupees one lakh' in sub-section (2) of section 5 of the Principal. Act were substituted with the words 'rupees five lakhs'. This meant that the High Court of Delhi would have ordinary original civil jurisdiction in every suit value of which exceeded rupees five lakhs..The Amending Act received the assent of the President of India on 28 December 1991. Sub-section (2) of section 1 of the Amending Act provided that it shall...

Sardar Singh Kohli Vs. Ahuja Properties Financiers and Promoters (P) L ...

Court: Delhi

Reported in: 51(1993)DLT672; 1993(27)DRJ48

J.K. Mehra, J. (1) This is a petition for winding up filed by the plot owner against the builder/ developer of the land for developing the property and constructing flats thereon under an agreement dated 4.1.1989. It is alleged by the petitioner that the Respondent is liable to pay the stipulated sum of Rs. 3 lacs on account of delay in completing the work.(2) The petitioner was drawn my attention to various clauses of the collaboration agreement between the parties whereby the respondent company was authorised to develop the plot of land owned by the petitioner after demolishing existing structures thereon. The building when completed was to be shared equally between the petitioner and the respondent. The petitioner has referred to clauses 20 and 29 of the Agreement which inter alias provided for indemnity and payment of a stipulated sum in the event of the respondent's failure to complete the building within the time referred to in the agreement and that no amendment or modification ...

Karam Chand Thapar and Brothers (Coal) Sales Ltd. Vs. Acme Paper Ltd.

Court: Delhi

Reported in: AIR1994Delhi1; [1996]86CompCas636(Delhi); 51(1993)DLT439; 1999(27)DRJ440; 1993RLR522

J.K. Mehra, J.(1) This petition for winding up has been filed on the basis of the claims which the petitioner company has against the respondent company for the price of the goods sold and neither to it, the petitioner used to procure the sole against payment from the collieries on the permits issued in favor of the respondent company and supply that coal to the respondent. In the year 1983 the respondent company ran into thing financial difficulties and its factory was closed our the petitioner on the date of the closure of the factory had to recover from the Respondent a sum. of Rs. 1,94,487,70 whereon the petitioner had claimed interest @ 22% per annum which till 31st March 1986 came to Rs, 98,328.58p. Before the closure of the factory the petitioner approached the respondent for the payment of its use and as a consequence of certain telephonic discussions the respondent wrote to the petitioner on 2nd March 1984 reading as under:- 'THIS refers to our Today's telephonic talk regardin...

Sanjay Mohan Vs. the Oriental Insurance Co. Ltd.

Court: Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

S. Brar, Member: 1. Briefly the facts of the case are that the complainant is a registered Public Limited Company and an insurance policy holder in respect of his car NE 118 91 model. The said car met with an accident on 11.8.91 and the complainant lodged a claim with respondent company. The insurance policy was valid upto 5.7.92. The Surveyor surveyed the car on 27.8.91. Complainant accepted the claim for Rs. 2 lakhs against his claim of Rs. 2.20 lakhs on 1.11.91 as car was declared total loss. 2. The Regional Office of the respondent company wrote to the Divisional Office on 6.2.92 sanctioning the settlement of the claim for Rs. 2 lakhs subject to depositing the original policy and the salvage in the respondents godown in the presence of the surveyor. Salvage was deposited in the insurance companys godown on 25.2.92 against salvage collection memo, since the claim was not paid. Complainant gave a legal notice to the respondent on 3.3.92 for releasing the claim amount at the earliest....

Jagmander Dass Bansal Vs. the President, Topoban Housing Finance Limit ...

Court: Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

S. Brar, Member: 1. This is a complaint filed by Mr. Jagmander Dass Bansal against the Tapoban Housing Finance Ltd., who claimed to be a financial institution for lending money to individuals, co-operative societies and companies for house construction through their attractively printed brochure and field force. Mr. Bansal has alleged that two members of this force namely Mr. N.K. Agarwal and Mr. Ajay Kumar Gupta approached him and assured him of the genuine offer of the respondents. Mr. Gupta filled up the application of the complainant for a loan amount of Rs. 2 lakhs. He further informed that Rs. 4,000/- is chargeable towards service charges i.e. 2% and 25% of the loan amount as security deposit. 2. The complainant paid Rs. 4,000/- on 10-12-. 1990 and Rs. 50,000/- on 31-12-1990. Both payments were made by cheques. The respondent acknowledged the receipt of the amounts through their receipt Nos. 37 and 38 both dated 14-3-1993 for Rs. 50,000/- and Rs. 4,000/- respectively. It is alleg...

Rishi Pal Vs. State

Court: Delhi

Reported in: 1994CriLJ1343; 52(1993)DLT351

Mahinder Narain, J. (1) These three appeals are directed against an order dated 5.12.1987, of Shri S.C. Jain, Additional Sessions Judge, Delhi (as his lordship then was), whereby he held the appellants Chhotu, Rishi Pal and Gian Chand guilty of having committed murder of Chhotey Lal. By the order of sentence dated 8.12.1987, the appellants were sentenced to undergo imprisonment for life under Section 302 read with Section 34 I.P.C. The appellants were also sentenced to undergo rigorous imprisonment under Section 394/34 read with Section 397 Indian Penal Code They were also sentenced to undergo rigorous imprisonment for five years under Section 436/34 I.P.C. They were also ordered to pay a fine of Rs. 500.00, each, and in default of payment of fine, to further undergo rigorous imprisonment of one month each. With reference to the offence under Section 302/34 I.P.C., the appellants were also ordered to pay a fine of Rs. 500.00 each, and in default of payment of fine, to undergo rigorous ...