Delhi Court May 1994 Judgments

Phoolanrani and ors. Vs. Ratan Lal and ors.

Court: Delhi

Reported in: II(1994)ACC552

R.L. Gupta, J.1. This first appeal is directed against the judgment dated 29.4.1986 of the learned Motor Accident Claims Tribunal, Delhi by which he passed an award of Rs. 1,20,000/- in favor of the appellants 1 to 3 and 5 to 8 with costs and interest at the rate of 12% per annum from the date of the petition till realisation, including Rs. 15,000/- which was already paid by way of interim relief under Section 92-A of the Motor Vehicles Act.2. The appeal was admitted only in respect of one aspect and that was that the appellants had claimed that the deduction on account of the personal expenses of the deceased were taken on higher side by the Tribunal and the Tribunal had not considered the nature of dependency and number of family members.3. However, it will be appropriate to first give the circumstances in which this accident took place. On 19.11.1984 the deceased Som Nath Bhutani, a resident of Ranchi in Bihar State was standing on the bus stand of C-2B, Route No. 854 near a Pan sho...

Classic Motors Ltd. Vs. A.P. Khurana

Court: Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

R.N. Mittal, President: 1. This appeal has been filed by the O.P. against the order of the District Forum (D.F.) dated 9.8.93. It is not accompanied by a certified copy of the order of the D.F. It has been specifically provided in the Delhi Consumer Protection Rules that the memorandum of appeal should be accompanied by a certified copy of the order of the D.F. As the certified copy has not been filed by the appellant with the memorandum of appeal, the appeal is no appeal in the eye of law and liable to be dismissed on this short ground. 2. Faced with this situation, the agent for the appellant sought to produce the certified copy of the order dated 9.6.93 before the Commission. If the certified copy is taken on the record the appeal will be deemed to be presented today. It has now become barred by limitation. Consequently we dismiss the appeal, but leave the parties to bear their own costs. Appeal dismissed....

M.C.D. vs. S.P. Jain

Court: Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

R.N. Mittal, President: 1. This appeal has been filed by the MCD against the order of District Forum-I (D.F.) dated 20.12.93. 2. Briefly the facts are that Sh. S.P. Jain, complainant was an employee of the MCD. He retired from service on 31.3.93. After his retirement, it is alleged, he has not been paid the amount of gratuity. Consequently, he filed a complaint before the D.F. 3. The complaint was resisted by the MCD on the ground that the gratuity can be retained for payment of rent of the house, retained by the employee after retirement from-service. It is further alleged that the complainant has not vacated the premises given to him by the MCD and he is still holding the same without payment of rent. Consequently, he is not entitled to get the gratuity, unless he paid the rent and vacated the premises. 4. The D.F. came to the conclusion that under Sub-rule (5) of Rule 72 of the Central Civil Services (Pension) Rules, 1972 an amount of Rs. 1,000/- can be retained by the department ou...

Sanghi Motors Bombay (P) Ltd. Vs. Collector of C. Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1994)LC378Tri(Delhi)

1. M/s. Sanghi Motors, Bombay (P) Ltd. has filed an appeal being aggrieved from the order passed by the Additional Collector of Central Excise, Bombay. The said appeal was presented in the registry on 10th day of September, 1993. The date of communication has been mentioned as 18th January, 1993 against Col. 3 of EA-3 form. In terms of the provisions of Sub-section (3) of Section 35B of the Central Excises and Salt Act, 1944, the appeal has to be filed within three months from the date of communication of the order. The application for condonation of delay duly supported with an affidavit has also been filed. Thereafter, Shri R.K. Habbu, learned Advocate has filed his own affidavit which pertains to the delay occurred in his office for filing of the appeal.Shri R.K. Habbu, learned Advocate has appeared on behalf of the appellant. He reiterated the contentions made in the application for condonation of delay. He pleaded that the appellant was prevented by sufficient cause in late filin...

G.T.C. Industries Ltd. Vs. Collector of Central Excise

Court: Delhi

Reported in: 1994(72)ELT535(Del)

ORDER1. These two Writ Petitions are connected and can be disposed of together. The matter relates to the pre-deposit of duty as a condition precedent for maintaining appeals before the Customs, Excise and Gold (Control) Appellate Tribunal (hereinafter called 'CEGAT'). On an earlier occasion the CEGAT had passed two orders - one on 17-8-1993 and another on 19-8-1993 in the two connected matters stating that taking into consideration all facts and circumstances of the case, including prima facie case and liquidity position of the appellants before it, as well as the interest of Revenue, the appellants should be directed to deposit the various amounts mentioned in Para 38 of the said order as well as furnish bank guarantee for the balance of the amount of duty wherever short pre-deposit had been directed within three months from the date of receipt of the order. It was not disputed before us that in the two cases put together the result of the above order of the CEGAT is that the petitio...

Gaya Charan Tripathi, Vs. Union of India and ors.

Court: Delhi

Reported in: ILR1995Delhi320

D.K. Jain, J. (1) Rule D. B.-Since the issue involved is very short and we have heard learned counsel for the parties at length, we propose to dispose of both the writ petitions at this stage itself by this common judgment. The petitioners in these petitions challenge, she appointment of the third respondent viz., Dr. Kamla Kant Mishra as Director Rashtriya Sanskrit Sansthan (for short the Sansthan, an autonomous organisation registered under the Societies Registration Act. 1860, fully financed by the Government of India, Ministry of Human Resource Development (Department of Education), set up to propagate, develop and encourage Sanskrit learning and research by establishing taking over Kendriya Sanskrit Vidyapeeths in various parts of the country and by associating with the institutions with similar objectives. As per the Rules of the Sansthan, the Director (Nideshak) is its Chief Executive Officer and is to be appointed by the Ministry of Human Resource Development, Government of Ind...

Rameshwar Dayal Vs. Delhi Development Authority

Court: Delhi

Reported in: 54(1994)DLT439; (1994)107PLR47

K. Shivashankar Bhat, J.(1) The petitioner has approached this Court in view of the inaction of the respondent in delivering possession of the plot allotted to the petitioner under the following circumstances:(2) The petitioner is manufacturer of wooden cabinets used for sewing machines and television sets. He has been carrying on his activity in premises bearing Municipal No. 525/16 and 508 situate at Chhota Bazar, Shahdara, Delhi and Circular Road, Shahdara. Another premises also was used by the petitioner being 3-131, Chhota Bazar, Shahdara. These premises are situate in non-conforming area. The land on which these premises were put up were acquired by the Government under the provisions of the Land Acquisition Act and the award came to be passed in November, 1968. Since persons like the petitioner were deprived of the facility to run their business or industry, a scheme was formulated to allot alternative sites to the persons who were deprived of their existing premises. On16.12.19...

Chander Mohan JaIn and ors. Vs. State Bank of Patiala and anr.

Court: Delhi

Reported in: 58(1995)DLT799; 1994(29)DRJ575; (1995)111PLR43; 1995RLR404

Mahinder Narain, J. (1) This is an application for bringing on record the subsequent events. The application is allowed. (2) This is application for direction to defendant No.1 that the rent of the premises occupied by defendant No.1 bank be paid. The claim in the application is for payment of Rs.1,02,600.00 per month. (3) It is stated in the reply that a part of the roof had collapsed on 13.10.1990, and the building was sealed by the New Delhi Municipal Committee on 05.10.1990, by declaring it to be unsafe. Section 108(e) of the Transfer of Property Act, 1882, has remained unchanged since 1882. If the defendant/ tenant was so minded, it had the option of voiding the lease. It has not done so. So long as the lease has not been voided, the defendant bank is liable to pay the rent. (4) MR.J.K. Seth relies on the case reported as 1973 Rajdhani Law Reporter (Note) 68, being S.A.O. No.30 of 1969 (Chamber of Colour and Chemical Pvt. Ltd. v. Trilok Chand), where it was held by this Court that...

Gopal Devi Vs. Kanta Bhatia

Court: Delhi

Reported in: 1994IIAD(Delhi)657; AIR1994Delhi349; 54(1994)DLT541; 1994(30)DRJ1; 1994RLR347

D.P. Wadhwa, J. (1) This is defendant's appeal. Suit of the plaintiff-respondent was decreed by judgment dated 24 December 1982 of the Additional District Judge, Delhi, for specific performance of an agreement to sell in respect of property being plot of land bearing No. H-45, Kalkaji, New Delhi. Defendant is the mother of Dina Nath who as owner entered into an agreement, to sell the aforesaid suit plot, with the plaintiff. The suit plot measures 200 sq. yds. and the sale consideration agreed to wasRs.60,000.00 . A sum of Rs.5,000.00 was paid as advance by the plaintiff to Dina Nath and the balance amount was to be paid at the time of registration of the sale deed. This agreement (Ext. Public Witness 2 /1) was registered with the Sub Registrar, New Delhi. Dina Nath was having perpetual leasehold rights in this suit plot under a lease deed granted by the President of India on 8 February 1977. Under the agreement to sell, Dina Nath was required to file an application with the Land & Deve...

Rajasthan Petro Synthetics Ltd. Vs. Collector of Customs

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1994)(72)ELT603TriDel

1. These are two cross appeals, Appeal No. C/493/91-C filed by the Importer, M/s. Rajasthan Petro Synthetics Limited, and Appeal No.C/243/92-C filed by the Revenue, against the common impugned order-in-original passed by the Collector of Customs, Bombay.2. It was the case of the Revenue that M/s. Rajasthan Petro Synthetics Limited (hereinafter referred to as the Importers) have been importing so called Polypropylene Dyed Chips & Sarma Polypropylene Chips as a raw material for the manufacture of polypropylene yarn and the clearances of these goods were allowed under Customs Tariff Heading 3902.10 with benefit of concessional rate of duty under Notification No. 227/76-Cus.on the basis of their declared description and test report since 1986.However, when the importers filed their Bill of Entry No. 7480 dated 24-10-1988 for clearance it was noticed after the careful scrutiny of the Invoice that the price of Polypropylene Dyed Chips is about three times of the normal price of polyprop...