Delhi Court August 1993 Judgments
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Kamal Kapoor Vs. Bank of India
Court: Delhi
Decided on: Aug-12-1993
Reported in: 51(1993)DLT363; 1993(27)DRJ273
D.K. Jain, J.(1) This revision petition under section 25B(8) of the Delhi Rent Control Act, 1958 (for short the 'Act') is directed against the order dated 17 November 1992 passed by the Additional Rent Controller, Delhi granting to the respondent/tenant (hereinafter referred to as the tenant) leave to defend petitioner's/landlady's (hereinafter referred to as the landlady) eviction petition under section 14D read with section 25B of the Act. (2) Premises bearing No.E-198, Naraina Vihar, New Delhi, a two and half storeyed residential - cum - commercial building was let out to the tenant with effect from 01 December 1973, as per agreement dated 17March 1974, for a period of three years. Subsequently, another agreement was executed on 18 May 1982 extending the tenancy for a further period of three years with effect from 01 December 1981. (3) The landlady filed the eviction petition, wherein it was stated that she was the owner of the said premises; she was a widow; the demised premises we...
Prabhat Kumar Srivastava Vs. Union of India and ors.
Court: Delhi
Decided on: Aug-12-1993
Reported in: 1993IIIAD(Delhi)670; 1993(27)DRJ369
Anil Dev Singh, J.(1) This is a writ petition under Article 226 of the Constitution of India challenging the order of detention dated February 26,1993 passed by the Joint Secretary to the Government of .India, respondent No.2, against the petitioner under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.(2) The allegations as revealed from the grounds of detention are as under:- (3) On search of the flat No.BE7C,DDAMunirka, from where the petitioner was operating, the Officers of the Central Economic Intelligence Bureau recovered the following foreign currencies: 1.US dollars 64015 2. Canadian Dollars 4789 3. Saudi Rials 600 4. Italian Lira 5,00,000 (4) Apart from the above recovery, large amount of foreign currency was also recovered from the scooter driven by Lal Singh, an associate of the petitioner. (5) Pursuant to notice under Section 108 of the Customs Act, 1962, the petitioner is alleged to have made a voluntary statement in w...
Manohar Singh and Sons Vs. Navketan Co-op. Group Housing Society Ltd.
Court: Delhi
Decided on: Aug-10-1993
Reported in: 1993RLR549
V.B. Bansal, J.1. Manohar Singh and Sons have filed this first appeal against the order dated 19.8.1989 passed by Shri G. S. Dhaka, Additional District Judge, Delhi, holding that the proceedings in the suit filed by the appellant against Navketan Co-operative Group Housing Society Ltd. respondent/defendant, for the recovery of Rs. 46,000/- were liable to stayed under Section 34 of the Arbitration Act. 2. Briefly stated, the facts leading to the filing of the present appeal care that M/s. Manohar Singh and Sons is a firm carrying on business as contractors and engineers, duly registered under the Indian Partnership Act and Shri Manohar Singh is one of the partners conversant with the facts and competent to sign and verify the pleadings. 3. The plaintiff was awarded works by the defendant society for the construction and development of apartments for the members of the respondent society, regarding which an Agreement was executed between the parties. It was contemplated that the payments...
Ranutrol Limited Vs. All India Engineering and General Mazdoor Union a ...
Court: Delhi
Decided on: Aug-10-1993
Reported in: 1993IIIAD(Delhi)528; 53(1994)DLT138; (1995)ILLJ408Del
Sat Pal, J. (1) In the present suit the plaintiff has prayed for a decree of permanent injunction in favor of the plaintiff and against the defendants, their officers, members, agents and any other persons acting on their behalf restraining them from holding any demonstration within the radius of 300 meters from the main enterance of the factory gate at F-85, Okhla Indl. Area, Phase-1, New Delhi as well as at the residence of the Managing Director and residences of the Executive Directors and further restraining them from interfering in the ingress and egress its officers, employees, customers, guests and raw material to and from the factory. (2) Briefly stated the facts of the case are that the plaintiff is a Company incorporated under the Companies Act and is engaged in the business of manufacture and sale of thermostats relays and bathroom fittings and appliances at its factory situated at F-85, Okhla Indl. Area, Phase-1, New Delhi. Shri S.K. Dhingra who has signed and verified the ...
Sunita Sood Vs. Lt. Governor and ors.
Court: Delhi
Decided on: Aug-10-1993
Reported in: 54(1994)DLT661
Y.K. Sabharwal, J.(1) Rule D.B.Learned Counsel for the State is unable to state that the complaint does not disclose commission of cognizable offence. The law is well settled that when a complaint is made or information is given to the police showing commission of cognizable offence. It is the statutory duty of the police register the First Information Report as required by Section 154 ofCodeofCriminal Procedure. The decision of the Supreme Court in Mohan Pandey and Another v. Smt. Usha Rani Rajgaria and Others, Jt 1992 (4) Sc 'A2' relied upon by Mr. Sharma has no applicability on the question of the statutory, duty of the police to register Fir under Section 154 of the Code. At this stage, there is no material on the record to direct the investigation to be conducted by the Police Station other then the Police Station within whose jurisdiction the case falls. The rule is accordingly made absolute and the respondents are directed to register the Fir forthwith and proceed to investigate...
Dr. (Mrs.) Sudha Nangia and Etc. Vs. Ibrahim Etc
Court: Delhi
Decided on: Aug-06-1993
Reported in: I(1994)ACC361; 1993ACJ1290; AIR1993Delhi361
1. These two appeals have been filed against a common award of Motor Accident Claims Tribunal dated October 22, 1973. The appellant in F. A. O. No. 32/ 74 has been awarded compensation of Rs. 11,286/15 P from Respondents 1 to 3 jointly and severally and two months' time has been granted for depositing the amount andfailing to deposit the said amount by two months the award was to carry interest @ 6% per annum from the date of the award till the date of realisation. The appellant in appeal No. 32/74 Dr. Sudha Nangia has filed this appeal praying for enhancement of the compensation where Respondent No. 3 before the Tribunal, M/s. Vanguard Insurance Co. Ltd. has come up in appeal No. 37/74 praying that the award made against it should be set aside inasmuch as the insurance company and the driver and owner of the scooter which was involved in accident with the truck insured with the appellant was liable for compensation as the accident took place on account of gross and negligent driving o...
industrial Finance Corporation of India and anr. Vs. Shama Forge Co. L ...
Court: Delhi
Decided on: Aug-06-1993
Reported in: 1993IIIAD(Delhi)461; 51(1993)DLT381; 1993(27)DRJ199
D.P. Wadhwa, J. (1) A petition Civil Misc. (Main) 85/74 under section 30 of the Industrial Finance Corporation Act, 1948 (for short 'the Act of 1948') and two suits (Suit No. 430/81 and Suit No. 1 179/82) have been heard together along with yet another suit (Suit No. 59/73). Under this Act of 1948 a corporation called the Industrial Finance Corporation of India ('IFCI' for short) was established. Ifci is a body corporate having perpetual succession and a common seal with powers, subject to provisions of the Act of 1948, to acquired, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued. As the preamble of the Act of 1948 would show, Ifci was established for the purpose of making medium and long-term credits more readily available to industrial concerns in India, particularly in circumstances where normal banking accommodation is inappropriate or recourse to capital issue methods is impracticable. Industrial Finance Corporation rules, 1957 ...
Swaran Kumari Vs. Santonh Sandhu and ors.
Court: Delhi
Decided on: Aug-06-1993
Reported in: 1993IIIAD(Delhi)439; 52(1993)DLT140; 1993(27)DRJ244
Sat Pal, J. (1) Smt. Swaran Kumari (hereinafter referred to as 'the decree holder') filed a suit bearing No.834/76 against Smt. Santosh Sandhu and her two sons, namely, Shri Maninder Singh and Lt. Brijendra Singh (hereinafter referred to as 'JDs') for possession and mesne profits, account and damages in respect of property bearing No.C-84,NDSE-II, New Delhi. A learned Single Judge of this Court vide judgment dated 1st May, 1991 decreed the suit for possession of the entire house and for mesne profits @ Rs.2,000.00 per month from 1st August, 1976 till 31st May, 1985 and(c) Rs.4,000.00 per month from 1st June, 1985 till date of decree/delivery of possession and interest on mesne profits @ 9% per annum against all the defendants with costs. (2) Thereafter the decree holder filed execution No-131/91. Along with the execution application the decree holder filed an application bearing No.EA244/91for appointment of a Receiver to protect the interest of the decree holder and to ensure that the...
HussaIn Erumban Vs. Union of India and ors.
Court: Delhi
Decided on: Aug-06-1993
Reported in: 1993IIIAD(Delhi)683; 1993(27)DRJ377
Anil Dev Singh, J.(1) This is a petition under Article 226 of the Constitution of India, whereby the petitioner challenges the order of his detention dated September 10,1992 passed under Section 3(1) read with Section 2(f) of the Cons.ervation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 for short 'COFEPOSAACT').(2) The allegations against the petitioner briefly stated are that on April 13, 1992 he was arrested on his arrival at the Indira Gandhi International Airport from Abu Dhabi by Flight No.GF-018as on search by the custom authorities he was found to be in possession of 1749 grams of gold of foreign marking valued at Rs.l,78,024.00 . The petitioner on the 378 same day was produced before the Metropolitan Magistrate, who remanded him to judicial custody. On completion of the investigation a complaint was filed against him on April 123, 1992 under Section 132/135 of the Customs Act,1962. Subsequently on August 6, 1992 the petitioner was admitted to bail by th...
Ravi Kumar Nigam Vs. State
Court: Delhi
Decided on: Aug-05-1993
Reported in: 51(1993)DLT370; 1993RLR567
Anil Dev Singh, J.(1) These are two applications under Section 438 Cr. P.C. for anticipatory bail moved by the petitioners, who are. inter alia,alleged to have trespassed into a portion of property No. 17, Darya Ganj,New Delhi and against whom First Information Report has been registered under Sections 420/468/471/448 IPC.(2) The allegations, relevant for the disposal of the petitions, briefly stated are an under :(3) The Baptist Union of North India (for short 'BUNI') which is affiliated to the Baptist Church Trust Association, Calcutta (for short'BCTA'), was founded in the year 1947 and has been managing and administering the properties of the latter in North India. Property No. 17, DaryaGanj is one of the properties said to be belonging to 'BCTA.. On 6/12/1976 Buni headed by Dr. David Walter was registered with the Registrar of Societies under the Societies Registration Act. 1860. On 3/01/1991another body, namely, the original Baptist Union of North India (for short'OBUNI') beaded b...
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