Delhi Court February 1994 Judgments

Bhagat Construction Company Pvt. Ltd. Vs. Delhi Development Authority ...

Court: Delhi

Reported in: 1994(1)ARBLR296(Delhi); 53(1994)DLT595

J.K. Mehra, J. (1) This is an application under Section 5 of Limitation Act for condemnation of delay in filing the objections to the award under Sections 30 and 32 of Indian Arbitration Act. I have perused the application. The application by itself is lacking in the facts justifying or showing sufficient cause for condensation of delay. However, an affidavit was filed subsequently by the Chief Engineer, Mr. S.P. Gupta wherein further details were furnished. Keeping the facts stated therein in view, I consider it to be in the interest of justice to allow this application. Accordingly, 1.A.2852/89 is allowed and the objections are taken on record. I.A. stands disposed of. (2) These are objections to the award dated 12.11.1987 of Mr. G.R. Hingorani, the sole Arbitrator. The earlier objections, being 1.A.No. 1589/89 are filed on behalf of the claimant-petitioner while the subsequent one, being I.A.2851 /89 is filed by the respondents. (3) I have perused the said objection petitions, and t...

Beer Singh and ors. Vs. Sher Singh

Court: Delhi

Reported in: 1994IIAD(Delhi)665; 53(1994)DLT598; 1994(28)DRJ457; 1994RLR153

J.K. Mehra, J.(1) This is an application under Order 7 Rules 11 and 17 of the Code of Civil Procedure praying that the suit of the plaintiff may be rejected being not maintainable and for non-compliance of the provisions or Order 7 Rule 17 of the CPC. (2) This is a suit for recovery of money which is stated to have been paid to the defendants out of various accounts as set out in para 9 of the plaint. The plaint was accompanying by the documents which included translations of the Statements of Account carrying a certificate at the foot of the statements that these are the true translations of the accounts maintained by the plaintiff in Hindi. Order 7 Rule 17 provides- R.17. Production of shop-book - (1) Save in so far as is otherwise provided by the Bankers' Books Evidence Act, 1891 (18 of 1891), where the documents on which the plaintiff sues is an entry in a shop- book or other account in his possession or power, the plaintiff shall produce the book or account at time of filing the p...

income Tax Officer Vs. Late Shri Jawahar Lal JaIn (Smt. Archana JaIn V ...

Court: Delhi

Reported in: (1994)48TTJ(Del)653

ORDERSATISH CHANDRA, A. M. :These two Revenue appeals and cross-objection by the assessed (late Shri Jawahar Lal Jain) pertain to the asst. yr. 1987-88 and are directed against the orders of the learned CIT(A), Agra dt. 17th Aug., 1990. As the issue is common, for the sake of convenience, these are disposed of by a single order.2. The facts briefly are that a search and seizure operation was conducted on 30th May, 1986 at the residential and business premises of the assesseds. As a result, the following jewellery was, inter alia, found at the residence as well as from the locker :Rs.(a) Jewellery at the residence including silver ornaments and silver coins 1,03,065(b) Jewellery from the locker 51,297During the course of assessment proceedings in the case of Shri Jawahar Lal Jain (since deceased) it was submitted before the Assessing Officer that whatever jewellery was found either at the residence of the assessed or on the person of the wife of the assessed or from the locker belonged ...

income Tax Officer Vs. Food Specialities Ltd. (Food Specialities Ltd. ...

Court: Delhi

Reported in: (1994)48TTJ(Del)621

ORDERR. M. MEHTA, A. M. :These are cross appeals, preferred by both the parties, being aggrieved with the order of the CIT(A) on various grounds. These came up for hearing before the Special Bench constituted by the President Along with the appeal of Indian Communication Network (P) Ltd. in the circumstances narrated in the order of the Tribunal in the latter appeal. Taking up for consideration the assessed appeal, the first ground raised reads as follows :'1. Your appellant submits that, on the facts and in the circumstances of the case, the learned CIT(A) IX erred in law in not allowing excise duty as claimed by your appellant in the sum of Rs. 81,60,723 under the provisions of S. 43B of the IT Act, 1961.'2. The assessed in this case is a public limited company, engaged in the manufacture and sale of various kinds of food products, like 'Nescafe' instant coffee, Lactogen baby food, 'Maggi' noodles, Cerelac baby cereal, etc.3. In the year under consideration, there was a change in the...

Ashish Midha Vs. Sipani Automobiles and Another

Court: Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

R.N. Mittal, President: 1. Briefly the facts of the case are that Sh. M.L. Sharma, respondent No. 2 purchased a Montana Car. The complainant purchased that car from Mr. Sharma on 9.7.90 for a sum of Rs. 1,00,000/-. The sale, it is alleged, was effected in favour of the complainant by Mr. Sharma during the warranty period. It is further alleged that Mr. Sharma had purchased the car for Rs. 98,000/- and availed of only one service during the warranty period. 2. It is pleaded that the car suffered from a large number of defects regarding which complaints were made to respondent No. l but the same could not be rectified by them. Consequently, it has been prayed that the respondent be directed to refund the amount of Rs. 98,000/-, the price of the car and pay Rs. 10,000/- on account of taxes, insurance, etc. and Rs. 50,000/- as damages. 3. The complaint has been contested by the respondent inter-alia on the ground, that the complainant has no right to institute the present complaint as he i...

Indian Aluminium Cables Limited and ors. Vs. Power Grid Corporation of ...

Court: Delhi

Reported in: 53(1994)DLT781

K.S. Bhat, J. (1) In this writ petition, petitioners allege that they have come to know about the decision of the first respondent to award the contract for the 'Line Material Package' for Northern Regional Transmission System, Phase Ii of respondent No.2. The contract is under the World Bank Loan. At the time of filing of the writ petition decision had not been taken but now there is no dispute that the contract has been awarded to the second respondent. The Project is financed by the loan sanctioned/to be sanctioned by the World Bank. The Line Material Package consists of 2825 Kms.'ACSRMoose Conductors' and 735Kms.of'G.S.Earthwire' Undisputedly the procedure for awarding the contract is based on international competitive bidding, and the competitors for the contract may be from various countries. The petitioners contend that the offer of the petitioners was below the amount for which the second respondent sent his tender and on this ground alone the decision of the first respondent t...

Mahabir Singh and anr. Vs. the State

Court: Delhi

Reported in: 1994IAD(Delhi)546; 1994(28)DRJ370

V.B. Bansal, J. (1) This order will dispose of bail applications being Crl.M.(M) I of 1994 (Mahabir Singh & Sher Singh versus State). Crl.M.(M) 24 of 1994 (Shiv Kumar versus State), Crl.M.(M) 50 of 1994 (Manoj Kumar @ Pappu versus State) and Crl.M.(M) 59 of 1994 (Parmod Kumar versus State), for the offence punishable under Sections 302/325/34 Ipc in F.I.R. No.361 of 1993, recorded at police station Nand Nagari, Delhi since they arise out of the same incident and they can be disposed of together conveniently. (2) This case relates to an incident dated 11.9.1993 in respect of the death of Vinod Kumar, aged about 14 years.Briefly stated the prosecution story has been that on 12.9.1993, at about 4.30a.m., Ramvir Sharma took his son Vinod Kumar Sharma to G.T.B. Hospital, who was examined by Dr. P.K. Malik and declared Vinod Kumar to have been brought dead. Duty Constable Sansar Singh gave information on telephone to P.S.Nand Nagari in this regard, on the basis of which, D.D. No. 20A was rec...

Ratanlal Gobindram and ors. Vs. State

Court: Delhi

Reported in: 53(1994)DLT717

Sat Pal, J. (1) This is a petition under Section 278 of Indian Succession Act for grant of Letters of Administration in respect of 4.68% share in Latif Villa, No.129- A, Main Road, (Dadasaheb Phalke Road), F-Ward, 790(3), 790(3A), C.S. No.65, Niagaum Division, Dadar, Bombay owned by late Mr. Gobindram Hassaram. Notice of the petition was published in the Indian Express' (New Delhi Edition) on 4th April, 1990. Notice was also issued to Chief Revenue Controlling Authority and Counsel for the State. (2) No objections have been filed. The petitioners, the relatives of the said deceased have also proved the death of Mr. Govind Ram Hassaram and Special Death Certificate showing the date of death as 20th December, 1972 and the place of death as B-94, Greater Kailash, New Delhi is Ex. P-l. The said place of death is stated to be ordinary place of residence of the deceased at the time of the death and the same is within the territorial jurisdiction of this Court. The petitioners have also prove...

Ghanshyam Vs. State (Delhi Administration)

Court: Delhi

Reported in: 1994IAD(Delhi)541; 53(1994)DLT423; 1994(28)DRJ397

V.B. Bansal, J.(1) This is an appeal by Ghanshyam against his conviction under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (No.61 of 1985) (hereinafter referred to as the 'Act') and the sentence of rigorous imprisonment for 10 years with a fine of Rs.l,00,000.00 or in default to undergo further rigorous imprisonment for one year vide judgment dated 3.4.1993 and order dated 7.4.1993 of Shri Kuldip Singh, Additional Sessions Judge, Delhi. (2) Briefly stated the facts leading to the filing of the challan against Ghanshyam and Raj Kishore by Station House Officer, Police Station Civil Lines, Delhi in case Fir No.69 dated 23.3.1989 are as under:- (3) Inspector Dharam Pal Singh, Sho Police Station, Civil Lines, had a prior information that persons residing in Jhuggis opposite Akahara Chandgi Ram have been making supply of smack in retail after bringing the same from outside. On 23.3.1989 at about 4.55 pm. Sho received secret information with regard to the availabil...

Chic International (P) Ltd. and ors. Vs. Naintara Sharma and anr.

Court: Delhi

Reported in: 1994IAD(Delhi)645; 53(1994)DLT590; 1994RLR170

Arun Madan, J.(1) In this second appeal filed by the tenants the question in dispute falls in a very narrow compass but first brief narration of the facts for the disposal of this appeal is essential. (2) The respondents/landlords filed the eviction petition against the appellants M/s. Chic International (P) Ltd. and others invoking Clause (b) of proviso of Sub-section (1) of Section 14 of the Delhi Rent Control Act, 1958 (in short the 'Act') for recovery of possession of premises comprising of eighth floor flat bearing No. 802, Eros Apartments, at the property No. 56 Nehru Place, New Delhi. (3) It is alleged that the premises were let to respondent No. 1- M/s. Chic International (P) Ltd. with effect from 1st December, 1976 at a monthly rent of Rs. 2102.10 vide a written agreement. It is further alleged that during the subsistence of tenancy first appellant changed its nomenclature from M/s. Chic International (P) Ltd. to M/s. Chic Travels (P) Ltd. It is further alleged that the said a...