Delhi Court May 1993 Judgments
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Moti Ram BhasIn Vs. Assistant Director, Enforcement Directorate
Court: Delhi
Decided on: May-26-1993
Reported in: 51(1993)DLT81
R.L. Gupta, J.(1) This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (Code for short) for quashing a com-plaint filed by first respondent against the petitioner and others for violation of Sections 8(1), 9(1) (b) (d) & (f) of the Foreign Exchange Regulation Act,1973 (FERA for short). The complaint is alleged to be pending in the Court of learned ACMM, New Delhi.(2) It is alleged in the complaint that in August/September, 1985officers of the Enforcement Directorate, New Delhi had carried out searches of the residential premises of the petitioner (cited as the first accused) and co-accused 2, 3 and 5, namely, S/Shri Nanak Singh, Chanan Singh and Madan Mohan Abbut as also that of one Sh. K.S. Butalia. Certain incriminating documents were recovered and seized. The investigation revealed that during 1988, an association of the individuals consisting of Didar Singh and accused 2 to 4, without the previous general or special permission from the RBI as requi...
Abdul Rehman Vs. Income Tax Officer.
Court: Delhi
Decided on: May-26-1993
Reported in: (1995)53TTJ(Del)159
ORDERP. J. GORADIA, A.M. :This appeal arises from the order dt. 26th April, 1991 passed by Shri M. V. Nayar, Dy. CIT(A), Range II, New Delhi and the two grounds raised are as under :'1. The learned Dy. CIT(A) erred in sustaining the addition of Rs. 32,800 under the head trading account. The same be deleted in the interest of justice and on the facts.2. The learned Dy. CIT(A) erred in sustaining the addition of Rs. 2,000 out of traveling expenses and the same be deleted in the interest of justice and on the facts.'2. The assessed is mainly engaged in sale and purchase of sheep skins and wool. While making the addition the Assessing Officer made the same on the basis of following facts and the reasons as stated in the assessment order :'During the course of assessment proceedings the assessed was specifically required to furnish wool account. The details furnished by the assessed reveal that the sale of wool has been shown in the month of May, August and October, 1988 for a total sale of...
N.D.M.C. Vs. M/S. House of Handicrafts and Another
Court: Delhi
Decided on: May-25-1993
Reported in: AIR1993Delhi349; (1993)105PLR21
ORDERB.N. Kirpal, J. 1. The respondentNo. 1 had taken on license office space in what is commonly known as 'Palika Parking' of Connaught Place, New Delhi, by virtue of a license deed dated 10th August, 1987. The space which was taken by the respondent No. 1 was 489 sq. feet and the license fee payable was Rs. 13,335/- per month. The license was for a period of five years and was subject to renewal on such terms and conditions as may be decided by the licensor.2. According to the petitioner the respondent No. I committed default in payment of license fee. The petitioner then took action in terminating the license and initiated proceedings under Ss. 5 and 7 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 before the Estate Officer. On 5th August, 1988 the Estate Officer passed an order directing the respondent No. 1 to vacate the premises and also pay arrears of license fee as well as damages and interest.3. The respondent thereupon filed appeals before the Additiona...
M/S. Apronto Tools Pvt. Ltd. Vs. State
Court: Delhi
Decided on: May-25-1993
Reported in: 1994CriLJ421
ORDER1. This is a petition under S. 482/483 of Code of Criminal Procedure for setting aside the order dated 23rd April, 1993 passed by a learned Addl. C.M.M. Delhi and for direction to the learned Addl. Chief Metropolitan Magistrate for issue of the search warrants. 2. Briefly stated the facts of the case are that the petitioner company has been using the trade mark Pronto in respect of its goods, parts and fittings of automobiles. It is alleged that the petitioner learnt the falsification of the trade mark Pronto and reproduction of its packaging's by certain unscrupulous manufacturers/sellers by use of identical and/or deceptively similar mark. 3. In view of the above facts, the petitioner filed a complaint in the Court of learned Addl. Chief M.M., Delhi against Jeet Auto Pvt. Ltd. and unknown persons/firms/companies under S. 78/79 of the Trade and Merchandise Marks Act and S. 63 of the Copyright Act and S. 420I.P.C. Along with the complaint, the petitioner also moved an application ...
Kikki Farms (P) Ltd. and anr. Vs. Additional District Magistrate and o ...
Court: Delhi
Decided on: May-25-1993
Reported in: 51(1993)DLT1; 1993(26)DRJ361
Sunanda Bhandare, J. (1) This bunch of ten writ petitions under Article 226 of the Constitution of India have been filed praying that a mandamus be issued directing respondent 110.3 to register the document in favor of the petitioners in respect of the land purchased by them by way of sale deed. (2) The respondents had refused to register the sale deed on the ground; i) that No Objection Certificate was not obtained by the petitioners under the provisions of Delhi Land (Restriction on Transfers) Act, 1972; and ii) that the Inspector General of Registration/Chief Controlling Revenue Authority had issued instructions to the Sub Registrar vide office order dated 19th March 1990 fixing the minimum rate of land at Rs.4.65 lacs per acre in respect of land which was not in the River Belt and since the consideration mentioned in the sale deed is less than Rs.4.65 lacs per acre the sale deed cannot be registered. (3) It was submitted by the learned counsel for the petitioners that this Court in...
D.C.M. Sri Ram Industries Ltd. Vs. Shashi Mittal
Court: Delhi
Decided on: May-25-1993
Reported in: 51(1993)DLT74
Y.K. Sabharwal, J. (1) He respondent has filed a suit in the Court of Senior Sub-Judge, Delhi, for grant of decree of permanent injunction restraining the defendant from transferring her outside Delhi. The Trial Court allowed the application of the respondent for grant of interim injunction and restrained the defendant from transferring the plaintiff outside Delhi till the disposal of the suit. The first appeal filed by the petitioner here in was dismissed by impugned order dated 18/02/1993 made by learned Additional Senior Sub-Judge, Delhi, and hence this revision petition.(2) Briefly the case of the plaintiff is that plaintiff was employed with Swatantra Bharat Mills as a Telephone Operator and was transferred to Textile Marketing Division with effect from 16/05/1988 and again transferred to Hindon River Mills, Delhi, with effect from 7/05/1990 where she was promoted to the post of Administrative Supervisor on 4/04/1991. She v/as transferred by the impugned order of transfer dated 2 ...
Darshan Kumar Malhotra Vs. Sunder Lal Taneja
Court: Delhi
Decided on: May-25-1993
Reported in: 1993(26)DRJ246
Usha Mehra, J.(1) Revision petitioner has assailed the judgment of Addl. Rent Controller whereby he granted an eviction order in favor of the respondent and against the petitioner.(2) The facts in brief are that Sunder Lal Taneja, respondent herein, is the owner/ landlord of premises No.J-73, Kirti Nagar, New Delhi. The ground floor of said premises, comprising of four rooms, one kitchen, one bath, latrine and a courtyard were let out for residential purposes to the petitioner on a monthly rent of Rs.350.00 exclusive of water and electricity, which rent was subsequently increased in October, 1984 to Rs.500.00 per month. So far as the landlord is concerned, his family consists of himself, his wife, his married son Jitender and his wife. Apart from that, his other unmarried son Sanjay Taneja is also residing with him. The wife of his deceased's son Smt. Chanchal Taneja and his grand daughter, Pooja Taneja. aged about 11 years were earlier residing with him but had to shift to her parents...
S.C. Chawla Vs. Harbans Lal Khullar
Court: Delhi
Decided on: May-25-1993
Reported in: 1993IIIAD(Delhi)44; AIR1994Delhi63; 1993(26)DRJ407
Usha Mehra, J.(1) A very important question has been raised as to whether the respondent Harbans Lal Khullar, who retired as male driver from Western Railway, Jaipur Division, is an employee of the Central Government? (2) The facts are short and simple. The respondent retired from Western Railway on 31st August,1992 as male driver. He had let out his premises known as Mig residential flat bearing No.BIA/23C, Pankha Road Residential Scheme, JanakPuri to the petitioner Sh.S.C.Chawla. The flat was let out in 1974 at a monthly rent of Rs.250.00 . While the respondent was in service, he was allotted a staff quarter at railway colony, Bandikui, which he vacated on 30th June, 1992. He wanted to shift and settle at Delhi in his own house. He has in fact already shifted to Delhi along with his wife and is presently residing in a tenanted premises at Pitam Pura, where he is paying a monthly rent @Rs. 1500.00 . This house he took on rent on 1st November, 1992. He has no other suitable residential...
Surinder Singh Vs. State (Delhi Administration)
Court: Delhi
Decided on: May-24-1993
Reported in: 1994CriLJ290
ORDER1. This is a petition for grant of bail under section 439 of the Criminal Procedure Code. 2. Briefly stated, the facts of the case are that a case was registered against the petitioner on 10th May, 1991 vide FIR No. 299/91 under section 20 of the N.D.P.S. Act, 1985 (hereinafter referred to as the Act for alleged recovery of 20 grams of charas. 3. Mr. Taneja, learned counsel appearing on behalf of the petitioner, submitted that the petitioner has been falsely implicated and he is innocent. He further submitted that on 9th May, 1992 the petitioner was released from jail as he was acquitted in another case and immediately on the next date i.e. 10th May, 1991 he was falsely implicated in this case as the police officers of PS Tilak Nagar were annoyed with him because a few years before the happening, the father of the petitioner died in custody and they had lodged a complaint against the police. 4. Learned counsel for the petitioner also submitted that in the present case CFSL form wa...
Abdul Khalid Vs. State
Court: Delhi
Decided on: May-24-1993
Reported in: 1993(26)DRJ437
Sat Pal, J.(1) This is a petition for grant of bail under Section 439 of the Code of Criminal Procedure. (2) Mr. Siddiqui, the learned counsel appearing on behalf of the petitioner submitted that in the present case procedural safeguards have not been strictly followed. He pointed out that all the 20 purias allegedly containing smack were mixed up and thereafter sample was drawn from the alleged smack. He, thereforee, contended that it may be that some purias did not contain smack at all while other purias may be containing less than 250 mlgms. smack. The learned counsel further submitted that no public witness was associated prior to arrest of the petitioner and the Explanationn for not associating the public witness is unsatisfactory. He also submitted that there is violation of Section 52A of the Narcotic Drugs and Psychotropic Substances Act (in short the Act) in as much as no inventory was prepared in this case. He then submitted that there is violation of Section 50 of the Act al...
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