Delhi Court September 1993 Judgments
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Chandan Singh Vs. Yashvinder Chauhan
Court: Delhi
Decided on: Sep-17-1993
Reported in: 1993IVAD(Delhi)222; 52(1993)DLT474
Anil Dev Singh, J.(1) By this petition moved under Section 439(2)read with Section 482 of the Code of Criminal Procedure, the petitioner seeks cancellation of bail granted to the respondent by the order of the learned Additional Sessions Judge dated 12/05/1993.(2) The prosecution story is that on 10/01/1993 the accusednamely. Mange Ram, Yashvinder Singh and Mohinder Singh committed the murder of Ravinder @ Tiger, resident of Village Devali by inflicting injuries on his person with hockey sticks and a Hathi.(3) On January 11, 1.993, body of the deceased Ravinder alias Tiger was found in an open plot located in Sangam Vihar. On the same day the statements of two parsons, namely. Sham Singh and Raj Dhan, were recorded by thi police under Section 161 of the Code of Criminal Procedure,according to which they allegedly saw the deceased in the company of the accused on January 10, 19)3 at about 7.00 p.m. Besides the statements of Sham Singh and Raj Dhan, it is claimed that the statement of on...
Neelam Mahajan Singh Vs. Commissioner of Police and ors.
Court: Delhi
Decided on: Sep-17-1993
Reported in: 1993IVAD(Delhi)9; 1994(2)Crimes75; 53(1994)DLT389; 1993(27)DRJ357; (1994)108PLR39
Y.K. Sabharwal, J.(1) Petitioner Ms.Neelam Mahajan Singh (for short 'Ms. Singh') lives in Flat NO.A 506 on the 5th floor of multistoried complex at Kasturba Gandhi Marg, New Delhi, popularly known as Curzon Road flats. The respondent No.5 Mr.A.K.Gupta (for short 'Gupta') lives in Flat No.A-206 on second floor in the same complex.(2) Ms. Singh, a television news correspondent in News Division of Doordarshan and whose late husband was an Indian Administrative Service Officer is living in that flat with her school going son. Gupta is holding the rank of Deputy Inspector General of Police in the Intelligence Bureau. They would not have thought that a small incident would lead to such a legal tussle which would require examination and determination by a Full Bench at the very threshold. The incident took place on 28th September 1992. Ms.Singh's version of the incident, as stated in the petition, in brief, is as follows:- 'ON28th September, 1992 at about 8 Am she came back from morning walk ...
M. Soni and Company Vs. Chowdhari and Company
Court: Delhi
Decided on: Sep-17-1993
Reported in: 1993IVAD(Delhi)37; 1993(27)DRJ493
Sat Pal, J. (1) This is an application filed by the plaintiff under Order 39 Rule I and 2 read with Section 151 CPC. In this application it has been prayed that the respondent through its proprietor or partners, servants, agents, dealers, representatives and all others acting for and on its behalf be restrained from manufacturing, selling, offering for sale advertising, directly and indirectly dealing in parts and fittings of bicycles, cycles parts and other cognate under the trade mark Sainico or any other trade mark as may be identical with and/or deceptively similar to applicant's registered trade mark SONICO. The application has been opposed by the respondent in their reply to this application. (2) Mr. Ghiraiya, learned counsel appearing on behalf of the plaintiff submitted that the plaintiff is the registered owner and proprietor of the trade mark Sonico with device of a Bust under registration No.234098 dated 9th March, 1966 in class-12 in respect of bicycle and cycle parts. He f...
Shantilal Mehta Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Sep-16-1993
Reported in: (1993)(49)LC442Tri(Delhi)
1. This is an appeal against the order No. 17/84 dated 3.11.1983 passed by the Additional Collector of Customs, Calcutta. Briefly stated the facts of the case are that on 13.11.1982 the appellant who is an Indian National arrived at Dum Dum Airport from Kathmandu by Indian Airlines flight No. IC-248. He opted for the Green Channel and did not make any written declaration in respect of any dutiable or prohibited items carried by him in his baggage. On suspicion the Customs officer on duty decided to examine the baggage of Shri Mehta. As a result of the examination of the contents of a suit-case belonging to Shri Mehta from the pockets of an old coat and from a toilet kit certain items of jewellery collectively valued at Rs. 1,04,500/- were recovered. The recovered items recovered (sic) were detained against detention receipt No. 1462/82 dated 13.11.1982 for the purpose of valuation. Shri Mehta on being questioned declined to make any statement on the grounds that he was feeling unwell....
Veena Gupta Vs. University of Delhi
Court: Delhi
Decided on: Sep-16-1993
Reported in: 1993(27)DRJ249; (1994)2UPLBEC1136
B.N. Kirpal, J. (1) This is yet another sequel to the Full Bench decision of this Court in the case of Sandhya Kabra Vs . University of Delhi & Ors. : AIR1993Delhi40 . (2) In the present case, the petitioner had taken part in the second counselling and had been allotted a seat in the Diploma in Anaesthesia in Safdarjang Medical Hospital. The case of the petitioner is that she did not join the said course and she wrote to the University giving the said intimation and wanting to remain on the waiting list. It is further alleged that the Principal, Lady Hardinge Medical College, Dr. V.N. Sehgal (respondent No.3) did not intimate to the University of Delhi that there existed a seat of M.D. (Dermatology) in the Lady Hardinge Medical College. This vacancy had arisen in the Lady Hardinge Medical College with effect from 26th May, 1993. The second counselling had taken place on 17th June, 1993 and if this seat had been notified, someone would have opted the same and there was every likelihood ...
The United Commercial Bank Vs. Bhim SaIn Makhija and anr.
Court: Delhi
Decided on: Sep-16-1993
Reported in: AIR1994Delhi182; 1993(27)DRJ495; (1993)105PLR8
Jaspal Singh, J.(1) Is sending a notice by registered post in addition to its affixation on the outer-door of the public premises a proper service within the meaning of sub-section 3 of Section 4 of the Public Premises (Eviction of Unauthorised Occupants)Act, 1971 (hereinafter called the Act) and Rule 4 of the Public Premises (Eviction of Unauthorised Occupants) Rules, 1971 (hereinafter called the Rules)? I am called upon to answer this question. However, before I proceed to do so, a thumb-nail description of the background is called for.(2) The respondents before me had taken on rent a part of the basement of the building commonly known as Uco Bank building at Parliament Street, New Delhi. The landlord was the United Commercial Bank. By a notice dated August 8, 1978 the Bank terminated the tenancy. Thereafter eviction proceedings under the Act were initiated before the Estate Officer Who issued a notice to the respondents under section 4 of the Act read with rule 4 of the Rules. Where...
Collector of Central Excise Vs. Markfed Agro Chemicals
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Sep-15-1993
Reported in: (1993)(68)ELT848TriDel
1. This is an appeal against the order passed by the Collector (Appeals), Central Excise, New Delhi. The only question that arises for consideration in this case is whether the preparation of Malathion 50%, DDT 25%, Aldrin 30% and Sohnagar 30% E.C. by mainly dilution of basic pesticidal chemicals in highly concentrated form by addition of inert carriers/solvents and dispersing and stabilising agents to make them suitable for either direct use or after addition of water, amounts to manufacture within the meaning of Section 2(f) of the Central Excises and Salts Act, 1944.2. On behalf of the appellant Shri Somesh Arora, learned JDR appeared before us. He contended that the process of addition of chemicals and other ingredients like inert carriers or solvents and also surface active, dispersing and stabilising agents to pesticidal chemicals in highly concentrated form would amount to manufacture within the meaning of Section 2(f) of the Act since it results in the emergence of a new and d...
Vardhman Spg. and General Mills Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Sep-15-1993
Reported in: (1993)(68)ELT919TriDel
1. These are two appeals filed by the appellant in respect of refund claims for Rs. 43,191 and Rs. 4,90,696. The A.C. in his order held that the party in this case has not produced any evidence regarding the passing of the excess duty realised to consumers. The contention of the appellant that the burden of import duty was not passed on to the consumers was not accepted by the A.C. who held that the grant of refund claim to the party would amount to undue enrichment and accordingly rejected the refund claim. This order of the A.C. was confirmed by the Collector (Appeals).2. The brief facts of the case are that the appellants had imported acrylic fibre. The customs authorities while allowing the clearance of acrylic fibre charged basic import duty which was prevailing at the time of expiry of the said bond instead of the duty prevailing on the date of payment. The material on which duty was paid was consumed in the factory as raw materials for manufacture of acrylic yarn.3. Shri R.S. S...
Faqir Chand Raghunath Dass Vs. Commissioner of Income-tax
Court: Delhi
Decided on: Sep-15-1993
Reported in: (1994)118CTR(Del)493; [1994]206ITR696(Delhi)
B.N. Kirpal J. 1. In respect of the assessment years 1971-72, 1972-73 and 1973-74, the Income-tax Tribunal, pursuant to a direction issued under section 256(2), has referred the following three questions to this court : '1. Whether, on the facts and in the circumstances of the case, the customs duty of Rs. 3,02,837 that was paid by the assessed from outside India was an expenditure entitled to weighted deduction under the provisions of section 35B(1)(b) of the Income-tax Act 2. Whether, on the facts and in the circumstances of the case, the customs duty of Rs. 71,295 that was paid by the assessed firm outside India was an expenditure entitled to weighted deduction under the provisions of section 35B(1)(b) of the Income-tax Act 3. Whether, on the facts and in the circumstances of the case, the customs duty of Rs. 72,493 that was paid by the assessed firm outside India was an expenditure entitled to weighted deduction under the provisions of section 35B(1)(b) of the Income-tax Act ?' 2...
Kataria Construction Vs. Municipal Corporation of Delhi
Court: Delhi
Decided on: Sep-15-1993
Reported in: 1993(27)DRJ500
Sat Pal, J. (1) This petition under section 33 of the Arbitration Act, 1940 (hereinafter referred to as 'the Act' ) has been filed by the petitioner for a declaration that there was no valid and binding contract in respect of the work in question between the parties. The petition has been opposed by the respondent Corporation.(2) Mr. D.P. Sharma, learned counsel appearing on behalf of the petitioner, submitted that in the present case, the Executive Engineer Vi of the respondent Corporation vide letter dated 12th April, 1985 had informed the petitioner that its tender for the said work was accepted on behalf of the Corporation. He further submitted that admittedly the petitioner had agreed to keep his offer alive up to 15th April, 1985 and up to 15th April, 1985 for the acceptance of the tender no resolution has been passed by the Standing Committee of the respondent Corporation which is competent under the statute and the bye-laws made there under to accept the tender. He, thereforee,...
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