Delhi Court August 1993 Judgments
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Ashish Bhateja Vs. Indian Institute of Technology and ors.
Court: Delhi
Decided on: Aug-26-1993
Reported in: 1993IIIAD(Delhi)689; AIR1993Delhi354; 1993(27)DRJ168
D.P. Wadbwa. J. (1) The petitioner, a third year student of the Indian Institute of Technology (I.I.T.), has filed this petition for quashing the following punishment imposed upon him by the Director, I.I.T.:- 'YOU are rusticated from the Institute for two semesters with immediate effect, i.e., for the remainder of the current semester and the Ii Semester 1993-94 and expelled from the hostel for the entire stay at the Institute. Further, you are warned sternly not to indulge in any act of indiscipline in the hostel and/or Institute during your entire stay in the Institute. You are also debarred from holding/contesting any official position in the hostel and/or Institute in future.' (2) This punishment was imposed on the petitioner on the following charge :- 'YOU were among the students who were involved in and who participated in a vulgar and shameful incident of ragging in which some first year students were harrassed, forced to strip and perform perverse unnatural acts. Further you f...
Municipal Corporation Delhi Vs. Bhupinder Kumar and ors.
Court: Delhi
Decided on: Aug-26-1993
Reported in: 53(1994)DLT75
P.K. Bahri, J. (1) This civil revision is directed against judgment dated November 27,1978, of an Additional District Judge by which he had dismissed the appeal of the petitioner as being filed beyond time and he had dismissed the application moved by the petitioner under Section 5 of the Limitation Act seeking condensation of delay. The appeal was directed against the judgment of the Sub- Judge 1st Class dated November 26, 1977. (2) The short question which arises for decision is whether the Additional District Judge was right in his opinion that the petitioner has not disclosed any sufficient cause seeking condensation of delay in filing the appeal. The appeal was filed on January 28,1978, while the limitation expired on January 25,1978 and there was three days delay. In the application seeking condensation of delay it was mentioned that there were two suits instituted by the respondents on the same cause of action and one of the suits was dismissed earlier and without disclosing tha...
Harbanslal Kapur Vs. Mohinder Kumar
Court: Delhi
Decided on: Aug-26-1993
Reported in: 1993RLR545
Jaspal Singh, J.(1) The respondent before me admits to be a tenant in the premises. He, however, claims that agreed rate of rent is Rs 50.00 p.m. though petitioner alleges that it is Rs. 500.00 p.m. They are crossing swords on yet another issue. The petitioner says that respondent has been in arrears of rent w.e.f February, 1985 while the respondent has taken the stand that he has paid rent up to Feb. 1988 and thereafter had been depositing the same u/S. 27 of the Delhi Rent Control Act (the Act). What, however, is not disputed is that the petitioner served a notice of demand and thereafter filed a petition for eviction of the respondent u/S. 14(1)(a) of the Act. (2) The Arc accepted the stand taken by petitioner and passed an order u/S. 15(1) of the Act @ of Rs. 500.00 p.m. with effect from Feb. 1988. The respondent preferred an appeal. The R.C. Tribunal varied the order and directed payment of rent @ of Rs. 50.00 p.m. It was thereafter, the turn of the petitioner to find the order un...
V. Chandrasekharan Vs. Vasantha and anr.
Court: Delhi
Decided on: Aug-26-1993
Reported in: I(1994)DMC247
S.C. Jain, J.1. Shri V. Chandrasekharan, the petitioner herein has filed this petition under Section 482 Cr. P.C. for quashing the proceedings under Section 406 IPC pending against him before the Metropolitan Magistrate, Delhi in case No. 41/1/1989.2. In brief the facts of the case are that Smt. Vasantha, petitioner's wife, respondent herein filed a criminal complaint in the Court of Metropolitan Magistrate, Delhi under Section 406 IPC and Section 4 of Dowry Prohibition (Amendment) Act, 1984 alleging therein that at the time of her marriage parents, relatives and family friends of the complainant gave valuable gifts/jewelry to the complainant which exclusively belong to her and constitute her Stridhan. That at the time of her marriage the complainant was working in the office of Regional Provident Fund Commissioner, Nehru Place, New Delhi and after marriage she went to Madras to live with her husband after taking leave. She returned to Delhi on 6.4.1986 to join her duty and while leavi...
Miss Sushma Malik Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Delhi
Decided on: Aug-25-1993
Reported in: (1993)47ITD358(Delhi)
1. This appeal by the assessee for the assessment year 1990-91 is directed against order of DCIT (Appeals) upholding the disallowance of 7/8th of deduction of depreciation claimed on car. Only 1/8th of depreciation was allowed after considering quantum of professional receipts shown and state of professional take off of the assessee.2. The assessee retired on 31-12-1989 as a Legal Officer from the Ministry of External Affairs, Government of India and thereafter decided to resume legal practice after applying for revival of her licence to practise. The licence was revived on 19-2-1990 by the Bar Council of Delhi.3. In the period ending 31-3-1990, the assessee showed professional receipts of Rs. 6,000 and claimed depreciation of Rs. 40,622 on the car purchased for professional purposes. The Assessing Officer disallowed 7/8th of the claim with the following observations :- Since the profession of the assessee is at the initial stage as admitted by her and also the fact that out of the pr...
Ashok Kumar Behal and Another Vs. Union of India and Others
Court: Delhi
Decided on: Aug-25-1993
Reported in: AIR1994Delhi49; 1993(27)DRJ82
ORDERVijender Jain, J.1. Delhi Development Authority (hereinafter referred to as DDA) announced a scheme called the registration scheme on New Pattern 1979 of intending purchasers of flats to be constructed by the DDA. The object of the scheme was to reduce the sale price of Middle Income Group/Lower Income Group (for short MIG/LIG) and Janta flats so as to be within the reach of the common man. To facilitate the payment by such registrants the mode was also made easier. The registration scheme was opened on 1st September, 1979 and was closed on 30th September, 1979. Annual income of MIG category in a financial year 1978-79 was to be taken at Rs. 7201/- to Rs. 18,000/-. An applicant was required to deposit Rs. 4500 / -. The areas where flats were likely to be constructed were mentioned in the scheme and the likely cost of a flat was indicated at Rs. 42,000/-. DDA constructed flats at different times. According to DDA the term for allotment of petitioners came in 1991. Draw of lots were...
Commissioner of Income-tax Vs. Orissa Cement Ltd.
Court: Delhi
Decided on: Aug-25-1993
Reported in: [1995]217ITR420(Delhi)
1. The petitioner seeks reference of the following questions : '1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in law in holding that interest under section 214 was allowed by the Commissioner of Income-tax (Appeals), vide his Order No. 527 of 1985-86, dated July 9, 1986, and having not filed appeal against the said order, the Department is not entitled to appeal against the clarificatory Order No. 215 of 1987-88 dated November 6, 1987? 2. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in law in holding that the assessed-company is entitled to interest under section 214 of the Income-tax Act, 1961?' 2. It appears that the assessed had paid advance tax. The assessment having been completed at a figure where the tax paid came to be more than the tax assessed, the assessed filed an appeal against this assessment order. The appeal filed by the assessed was allowed and t...
The Bharat Co-operative Group Housing Society Ltd. Vs. B.L. Gupta Cons ...
Court: Delhi
Decided on: Aug-25-1993
Reported in: 1993(27)DRJ180
P.N. Nag, J. (1) In the petition filed by the petitioner. The Bharat Co-operative Group Housing Society Ltd. (hereinafter called the 'Society') under Sections 2(b) and 12 of the Contempt of Courts Act against M/s B.L. Gupta Construction-Pvt. Ltd. and others (hereinafter called the 'Contractor') it has been prayed that contempt proceedings be initiated against the Contractor and they may be punished in accordance with law. According to the Society, the order which has been violated is dated 12th March, 1991 passed by D.P. Wadhwa, J. in SuitNo.2235-A/90. (2) The said suit was filed by the Contractor under Section 20 of the Arbitration Act for referring the disputes and differences arisen between the Contractor and the Society, with respect to a contract under which the Contractor was to build 308 flats for the Society, for adjudication to an arbitrator. Justice Wadhwa, J. while deciding that suit on 12th March, 1991 gave the following directions: 'THE petitioner shall remove all his mate...
R.S. Amarnath Mehra and Co. Vs. Union of India and ors.
Court: Delhi
Decided on: Aug-25-1993
Reported in: 51(1993)DLT455; 1993(27)DRJ1
Arun Madan, J.(1) The present appeal arises out of the judgment and decree dated 21st day October of 1969 passed by the learned Single Judge of this Court in Suit No.1ll of 1967 by which the suit of the appellant was dismissed. (2) The case of the appellant in brief is that the appellant being a registered partnership firm instituted a suit for recovery ofRs.29,000.00 against the respondent-Union of India and two others i.e. the officials of the railways. Inseptember, 1959 respondent No.3, Divisional Superintendent, Commercial, Northern Railway at Lucknow acting on behalf of respondent No. 1, viz. General Manager, Northern Railway, New Delhi invited tenders for the goods handling contract at Lucknow Railway Goods and Transhipment Sheds. In response to the tender enquiry, the appellant submitted its tender to the railways on 16th September, 1959 which was accepted on 15th October, 1959. The tenure of the contract was for three years from 1st November, 1959 to 31st October. 1962. The end...
Sushil Kanta Chakravarty Vs. State and ors.
Court: Delhi
Decided on: Aug-25-1993
Reported in: 1993IIIAD(Delhi)870; 1993(3)Crimes631; ILR1994Delhi337
S.C. Jain, J.(1) This facts giving rise to this petition are that Shri Samarjit Chakravarty (hereinafter referred to as respondent No. 2) filed a criminal complaint under Sections 406, 409, 420 read with Section 120-B Indian Penal Code against Shri Sushil Kanta Chakravarty (the petitioner herein). and Shri J. K. Sood, Senior Manager, Indian Overseas Bank, Janpath Branch, New Delhi on the allegations that the com- plainant, Shri Samarjit Chaloravarty, Smt. Arati Chakravarty, wife of Shri Sunil Kanta Chakravarty and Shri Sushil Kanta Chakravarty are partners of M/s. Espi (New Delhi Trading Company, having its registered office at 11, Tolstoy Marg, New Delhi. The said firm was maintaining an account with Indian Overseas Bank, Janpath, New Deelhi, being current account No. 503, which was being operated either bt the coflapfaunant, Shn Samarjit Chakravarty or by Shri Sushil Kanta Chakravarty, the petitioner barein. It is further alleged that a portion of the premises of the said firm was on...
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