Delhi Court April 1993 Judgments
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Satish Kumar Vs. State (Delhi Administration)
Court: Delhi
Decided on: Apr-19-1993
Reported in: 1994CriLJ1412; 1993(26)DRJ413
Sat Pal, J. (1) This is & petition under section 439 of the Criminal Procedure Code for release of the petitioner on bail. (2) Briefly stated the facts of the case are that the petitioner was married to Geeta (deceased) in December 1979. The case of the prosecution is that the Cr.M(M) 2888/92 petitioner used to beat his wife and on the date of occurrence i.e. 16th July, 1991, gave her severe beating and called her a lady of bad character. At this the deceased lost tamper and poured kerosene oil on herself and set herself ablaze.It has further been Stated that the petitioner tried to extinguish the fire and in this process burnt his hands. (3) Mr. Andley, learned counsel for the petitioner submitted that in the present case the parties were married before a period of more than seven years from the date of incident and as such no adverse presumption cap be drawn against-the petitioner. The learned counsel, further submitted that the alleged dying declaration was recorded by the Io and th...
Chameli Devi Vs. State
Court: Delhi
Decided on: Apr-19-1993
Reported in: 1993(3)Crimes418; 50(1993)DLT439
R.L. Gupta, J.(1) This appeal is directed against the judgment order on sentence of the learned Additional Sessions Judge, New Delhi by which he convicted the appellant under Sections 20(ii) and 21 Narcotic Drugs and Psychotropic Substances Act, 1985 (tor short Ndps Act) for being found in possession of 480 grams of charas and 6 grams of heroin and sentenced her to undergo Rigorous imprisonment for ten years on each count and also to pay a fine of Rs. 1 lac and in default of payment of fine to suffer further before six months. The substantive sentences of imprisonment were made to run concurrently.(2) The case of the prosecution as per the rukka Ex. PW4/A is that on 20-7-87 at about 4.15 p.m Si Shanker Singh of Ps Vasant Vihar Along with constable Attar Singh was present on patrol duty in the area of VasantVihar. While he was near Munirka Marg, another police party comprising of few more constables met them. In the meanwhile he received secret information that one Mst. Chameli resident...
Ahmed Vs. State
Court: Delhi
Decided on: Apr-19-1993
Reported in: 1993(26)DRJ277
Sat Pal, J.(1) This is a petition for release of the petitioner on Bail under Section 439 of the Criminal Procedure Code. The petitioner is alleged to have been found in possession of 50 grams of smack.(2) It may be relevant to point out here that the petitioner had earlier moved a petition bearing No.Crl.M(M)2204/92 for bail which was dismissed by a learned Single Judge of this Court vide order dated 25th August, 1992. The relevant portion from the aforesaid order is reproduced hereinbelow:- 'IN view of the provisions of Section 37 of the Ndps Act and keeping in view the observation of their lordships of Supreme Court in Kishan Lal: Case I do not think present case is a fit case for bail. I do not see any force in the present application. It is hereby rejected.'(3) Mr. Suhag, the learned counsel appearing on behalf of the petitioner, however, submitted that after the dismissal of the earlier petition for bail, the challan has since been filed and the petitioner has been supplied with ...
Mohinder Pal Sharma Vs. Deputy Commissioner of Income Tax. (Raj Pal Sh ...
Court: Delhi
Decided on: Apr-19-1993
Reported in: (1994)49TTJ(Del)440
ORDERVIMAL GANDHI, J.M. :These are bunch of appeals by the transferees against order of Competent Authority acquiring under s. 269F(6) of IT Act. The property situated at 27-Park Avenue, Karol Bagh, New Delhi was sold to the appellants by Sardar L. Singh and others vide deed dt. 4th June, 1985 for a sum of Rs. 24 lakhs. The disputed property comprised of two floors and a barsati. The property was built on a plot measuring 1777 sq. mts. The ground and first floor had covered area of barsati 900 sq. fit.2. The Competent Authority under Chapter XX-A of IT Act on getting information on Form 37-G obtained copy of sale deed, lay out plan etc. through his Inspector and for working out fair market value (FMV) of the property for purpose of initiating proceedings under s. 269C and 269D of the IT Act applied @ Rs. 3600 per sq. mtr. to land based on valuation in case F. No. SR-III/3/85/1037 dt. 28th Jan., 1986 in respect of property 17A/17 Karol Bagh, New Delhi. In the above report the Valuation ...
inder Raj Vs. State
Court: Delhi
Decided on: Apr-16-1993
Reported in: 1993(2)Crimes311; 50(1993)DLT613; 1993RLR312
R.L. Gupta, J. (1) Petitioner is the father of Rajbir Singh who was married to the deceased Gulab Devi on 17.6.1990. He is facing prosecution along with his son Rajbir Singh and wife Smt. Jagwati. Jagwati is on bail and he has also prayed for bail in this application.(2) I have beard arguments advanced by learned Counsel for theparties. The case of the prosecution is based primarily on the statement dated 27.7.92 of Smt. Mohan Devi mother of the deceased. She stated that she had married her daughter to Rajbir Singh about 2 years back. She was about 20 years old and had a son of about 11 months. After marriage,Rajbir Singh and his parents used to harass her daughter for bringing moredowry. They even used to beat her. Whenever the deceased came to herhouse, she complained about Rajbir Singh and his parents who some time demanded money for buying a buffalo or at other times demanded a cooler or a fridge. She could not fulfill these demands. As a result, the deceased lived in constant trou...
Delhi Transport Corporation Vs. Om Prakash Verma and ors.
Court: Delhi
Decided on: Apr-16-1993
Reported in: 1994ACJ337; 51(1993)DLT490
Usha Mehra, J.(1) Delhi Transport Corporation (hereinafter called 'DTC') has sought for the reversal of the judgment of the Motor Accidents Claims Tribunal (hereinafter called the 'Tribunal') dated 2 2/02/1980.(2) The admitted facts on record are that on 5/02/1993 at about 3.25 p.m. the deceased Kartar Singh was traveling in private bus No.D.L.P. 3677 under Dtc operation. While the said bus was taking a turn towards the Red Fort and entered the crossing of Netaji Subhash Marg near Chhatta Rly. Pul, at that time Dtc Bus No. D.L.P. 73 came from Jamuna Bridge side and entered the crossing. In the process Dtc bus No. D.L.P. 73hit the left side of bus No. D.L.P. 3677. On account of the collision of both the buses, the deceased who was at the rear gate of bus No. D.L.P. 3677received grievous injuries. He fell on the road and became unconscious. He was removed to the hospital where he succumbed to the injuries. The deceased was 18 years old, a student of 11th class and unmarried at the time o...
Yashvir Singh Vs. Administrator and ors.
Court: Delhi
Decided on: Apr-16-1993
Reported in: 1993(3)Crimes441; 1993(26)DRJ449
Sat Pal, J.(1) The petitioner in this case was defamed in terms of the order dated 4th August, 1992 passed by the Administrator of National Capital Territory of Delhi in exercise of powers conferred by Section 3(l) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'COFEPOSA'). (2) It has been alleged in the grounds of detention that on 10th March, 1992 the petitioner arrived from Singapore at I.G.I. Airport, New Delhi. While he was passing through red channel counter, the Custom Authorities asked him whether he was carrying any contraband to which he replied in the negative, but as a result of examination of his baggage, 80 pcs. of Printed Circuit Boards and 8150 pcs. of Integrated Circuits of foreign origin valued at Rs.8,61,150.00 (CIF) were recovered. It has further been alleged that the petitioner in his statement dated 10th March, 1992 recorded under Section 108 of the Customs Act, 1962 admitted the recovery and seiz...
Thirani Chemicals Ltd. and ors. Vs. Registrar of Companies
Court: Delhi
Decided on: Apr-16-1993
Reported in: 1994CriLJ195; 1993(2)Crimes308; 50(1993)DLT558; 1994RLR314
R.L. Gnpta, J.(1) The petitioner has filed a petition under Section 482 of the Code of Criminal Procedure (Code for short) for quashing criminal proceedings alleged to be pending in the Court of Additional Chief Metropolitan Magistrate, Delhi and filed by the respondent i.e. the Registrar of Companies u/Section 113(2) of the Companies Act, 1956. During the pendency of this petition the present application has been filed for stay of proceedings in the meanwhile.(2) I have heard arguments advanced by the learned Counsel for theparties. The main contention on behalf of the petitioner is that when there is a proper challenge for quashing of proceedings under Section 482 of theCode, then till that petition is disposed off, this Court should stay theproceedings. He drew my attention to some authorities. The first case is that of Srinivas pal v. Union Territory of Arunachal pradesh reported in : 1988CriLJ1803 . The accused in that case was charged with rash and negligent driving under Section...
Manbhavti and ors. Vs. Surete and ors.
Court: Delhi
Decided on: Apr-16-1993
Reported in: II(1993)ACC278; 1993ACJ966; 51(1993)DLT85
Ms. Usha Mehra, J.1. Manbhavti and Ors. have come up in appeal under Section 110-D of the Motor vehicle Act (hereinafter called the 'Act') against the award dated 27th October, 1980 passed by the Motor Accident Claims Tribunal, Delhi (hereinafter called the Tribunal) awarding a sura of Rs. 32,400/- with costs and interest in favor of the appellants.2. The award has been assailed, inter alias on the ground, that the Tribunal illegally and wrongly did not permit the appellants to amend their claim petition which amendment was sought in May, 1975. The claim petition was filed by the petitioner claiming a compensation of Rs. 60,000/- but subsequently in May, 1975 the appellants moved an application for amendment of the claim petition which amendment though allowed vide order dated 12th November, 1975 but with a rider that the claim amount would not be changed and that it will remain Rs. 60,000/-. Besides assailing this order, the award has also been assailed on the ground of inadequacy of ...
Gurdeep Singh and anr. Vs. State
Court: Delhi
Decided on: Apr-16-1993
Reported in: 50(1993)DLT624; II(1993)DMC72
Y.K. Sabharwal, J.(1) By the award dated 18/01/1991 theMotor Accident Claims Tribunal, New Delhi, awarded a compensation in the sum of Rs. UO.OOO.00 less Rs. 15.000.00paid under Section 92A of the Motor Vehicles Act) i.e. Rs. 1,65,000.00 Along with costs and interest at the rate of 9%p.a. from the date of filing of the petition till the date of the award in favor of the appellants and against the respondents. The appellants aggrieved by the quantum of compensation have filed this appeal.(2) The age of the deceased at the time his death was about 45 years.The annual dependency of contribution to the family of the deceased has been held in the impugned order to Rs. 12,000.00. The learned Tribunal has applied the multiplier of 15 years arid thus the total amount of compensation has been worked out to Rs. 1,80,000.00. The rate of interest awarded in the impugned award is 9/o p.a.(3) The learned Counsel for the appellants has raised two contentions. Firstly, it is contended that/considering...
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