Delhi Court May 1994 Judgments
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Raj Kumar Vs. State
Court: Delhi
Decided on: May-26-1994
Reported in: 55(1994)DLT679
Jaspal Singh, J.(1) What is the theory of social contract as fund, say. in Locke, Rousseau and Kant? Or the classical doctrine of utilitarianism as formulated by Bentham and Sidgwick and the utilitarian economists Edge worth and Pigou? Or, for that matter the Intuitionist theories of the type found in Brian Barry? And then, which one is perfect or say nearly perfect? While the legal philsopher are busy in their quest to know what justice really means and in the process are propounding theories or demolishing one or the other with an exchange of dialectical firarms, a common man is watching helplessly serious invasions being made upon his rights and freedom by means known or novel adopted more often advertently and sometimes even inadvertently reducing substance into a shadow. Justice which is the first virtue of social institutions, as truth is of system of thought becomes an easy target. Injustice may ensue on account of failure of judges or others in authority to adhere to the approp...
Michael Gorden Kingsbury Vs. Narcotics Control Bureau
Court: Delhi
Decided on: May-26-1994
Reported in: 1994IIIAD(Delhi)641; 54(1994)DLT685
V.B. Bansal, J.(1) U.K. Mishra, Intelligence Officer, Narcotics Control Bureau (hereinafter referred toas'NCB') filed a complaint dated 22.1.1987 against Michael Gordon Kingsbury and Ms. Helen Anne Cooper for the offences punishable under Sections 20,23 and 28 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as 'the Ndps Act'). The case came up before theAdditional Sessions Judge, New Delhi on 8.5.1987 when the following charges were framed against them :-Charge framed Against Michael Gordon Kingsbury:--'Firstly that on 12.1.87in early hours at Indira Gandhi International Airport, New Delhi TransitLounge, you were found in possession of 0.9 Kg. of Hashish (Cannabis)concealed in especially made cavities in both the black shoes worn by you and thereby committed an offence punishable u/Section 20 of the Ndps Act within outofmy cognizance.Secondly, on the aforesaid date time and place you attempted to export out of India the aforesaid 0.9 Kg. of Hashish (Cannabi...
Charan Dass Chawla Vs. Commissioner of Police and ors.
Court: Delhi
Decided on: May-26-1994
Reported in: 1994IIIAD(Delhi)769; 1994(31)DRJ81
M.J. Rao, J.(1) This writ petition was filed on 13th May,1994 seeking the release of Charan Dass Chawla who was allegedly kept in police custody at the police station Vikaspuri, New Delhi. We appointed an Advocate to visit the police station and submit a report. He has accordingly visited and submitted a report in great detail as to how he had to inspect various rooms in the police station and other places and also mentioned as to how he had to approach several police officers in connection with the alleged wrongful detention of the above said person. The Advocate concerned was not able to get any more information and thereforee he submitted the report dated 16th May,1994. The case was called on that date. Petitioner's counsel represented on that. day that the petitioner had returned home. So far as respondents are concerned, they denied that the said Chawla was ever detained. However in as much as such cases have become very frequent, we decided to lay down certain general guidelines ...
Hyderabad Industries Ltd. Vs. Collector of C. Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: May-24-1994
Reported in: (1994)(72)ELT283TriDel
1. M/s. Hyderabad Industries Ltd. have filed this appeal against the order of Collector, Central Excise (Appeals). The Collector in his order had held :- "I find that the appellants are admittedly manufacturing thermal insulation blocks. Irrespective of the size in which it is finally sold the product in all cases contains the identity of thermal insulation block on completion of the manufacturing process. Therefore, at that stage itself they become the final as well as the finished product. But cutting standard sized block of 900 mm X 600 mm into smaller sizes whenever required by any particular customer neither the identity nor the stage of finish of the manufactured product gets changed. It is a well settled law that by merely cutting a fully manufactured product into smaller sizes, the nature of the product does not change. Irrespect of the size these are purchased sold and known in the concerned trade as thermal insulation blocks. The appellants are also admittedly entering the p...
M/S. Jindal Industries Ltd. Vs. M/S. Nirmal Steel Tubes Pvt. Ltd.
Court: Delhi
Decided on: May-24-1994
Reported in: AIR1995Delhi42
ORDER1. By an ex parte order passed on 21-09-1992, an injunction was issued restraining the defendants from using the aforesaid offending trade mark and device of a map of India with oval shape identical or deceptively similar to the device of the plaintiff.2. Mr. Salmi, who appears for defendants, states that he is also the registered owner of the trade mark No. 445968-B, and that his trade mark comprises of the word 'Nirmal* enclosed in an oval shape with the map of India. Mr. Sahni contends that the map of India has been disclaimed by the defendants. Just like, the plaintiff also has disclaimed the map of India which is part of his device.3. The device of the plaintiff comprises of an oval shape within which there is a map of India and the word 'Jindal' written upon it, and the word trade mark appears in the oval outlines.4. The defendant's mark also has ovaloutlines, has a map of India, and the word 'Nirmal' written across the map of India.5. The registration No. of the plaintiff's...
Sami Yar Khan Vs. Usman Khan
Court: Delhi
Decided on: May-24-1994
Reported in: 1994IIIAD(Delhi)131; 55(1994)DLT60; 1994(29)DRJ565
C.M. Nayar, J.(1) The present judgment will dispose of Regular Second Appeal No.9 of 1975 which arises out of the suit of the plaintiff/appellant filed in the trial court for possession of the property, as defined in the amended plaint.(2) The averments made in the amended plaint are that the appellant is a tenant of House No. 316, Ward No. Xi, situated in Gali Garhiya, Bazar Matia Mahal,Jama Masjid, Delhi, since about 1932 and he has been in possession of the said house continuously since then. The appellant has been a tenant under the original Muslim owner till partition in 1947 and thereafter he became tenant under the Custodian of Evacuee Property from September, 1947, and when this property was transferred to the Municipal Corporation of Delhi, he has become a tenant of the Corporation.(3) It is alleged that the respondent is the husband of real niece of the appellant (brother's daughter) and is a resident of Aligarh. The brother of the appellant (Shri Khud Yar Khan) requested the...
Deutache Ranco Gmbh Vs. Mohan Murti
Court: Delhi
Decided on: May-24-1994
Reported in: 1994IIIAD(Delhi)343; 55(1994)DLT273
Sat Pal, J.(1) In this case the decree holder along with the executionpetition, had filed an application bearing E.A. No-70/94 under Order 20 Rule 6-A of the Code of Civil Procedure (hereinafter referred to as 'the Code') and in this application it was stated that the decree had not yet been prepared and as such the last paragraph of the judgment be treated as decree for the purpose of execution under Order 20 Rule 6-A of the Code. This application was allowed on 18/03/1994 after hearing the learned Counsel for the parties and it was held that the last paragraph of the judgment dated 15/10/1993 in Suit No.1389/89 would be deemed to be a decree for the purpose of the execution petition. The decree holder was further directed to file the decree sheet as soon as the same was obtained form the Registry. After hearing the learned Counsel for the parties on the main execution petition, it was directed that warrants of attachment in respect of bank accounts and assets in the name of the judgm...
National Trading Co. Vs. Monica Chawla
Court: Delhi
Decided on: May-24-1994
Reported in: AIR1994Delhi309; 1995(1)ARBLR40(Delhi); 1994(29)DRJ489
J.K. Mehra, J. (1) This is a petition under Section 51A of the Designs Act,1911 for the cancellation of the design No-163216 in Class I dated 6th May, 1991 registered in the name of respondent M/s Monica Chawla. The petitioner claims that the design of the product 'Baby Bouncer' which is impugned in the present petition, cannot be and could not be registered under the Designs Act as the said design had been published before the registration by the respondent herself. Written statement has been filed wherein the respondent has taken variouspleas, but has admitted that the design of Baby Bouncer, i.e., the impugned design, has been in use by her since 1987. The petitioner on the basis of this admission, in the written statement has moved an application under Order 12 Rule 6 for judgment on admissions. (2) I have heard both the parties. Mr. Bansal conceded at the Bar that this design has been in use by the petitioner since 1987, which was long before the registration in 1991. To consider ...
Laj Bedi and ors. Vs. Parasrampurias Synthetics Ltd.
Court: Delhi
Decided on: May-24-1994
Reported in: 1994RLR361
J.K. Mehra, J.(1) This is a suit for ejectment and recovery of possession of L-7, N.D.S.E. Part Ii and recovery on account of mesne profits/damages for use and occupation of the said premises filed by the plaintiffs who are stated to be the legal heirs of the owner of the said property against the deft. company who is stated to be the tenant of the said premises. (2) Summons of the suit were served upon the deft. Initially one Mr. P.D. Gupta, Advocate appeared on behalf of the deft. and sought time to file w/s, but later on, he only represented the occupier of the premises, who was stated to be an employee of the deft. co. and moved an application under Order 1 Rule 10 Civil Procedure Code for impleadment of the said person as one of the defts. The said application was ultimately dismissed and it was held that the deft. co. was the only tenant in respect of the premises. (3) Thereafter despite service of summons, no body appeared on behalf of the deft. co. and the said deft. co. was pr...
P.K.Dutta Vs. Union of Lndia and ors.
Court: Delhi
Decided on: May-24-1994
Reported in: 1994IIIAD(Delhi)422; 1994(30)DRJ87
C.M. Nayar, J. (1) The present writ petition has been filed by the petitioner for issuance of a writ in the nature of mandamus or any other writ or order for directing the respondents to pay: 'I)the entire pension and gratuity as entitled and sanctioned vide pension payment order No. M/004216/91 for his previous satisfactory service of 31 years 6 months 19days rendered by him in the Army prior to his retirement on attaining superannuation age on 31.12.91; and II)the encashment of 202 days of annual leave as entitled and published vide Hq 33 Corps (Ord) letter No.410512/OS-8A dated 29.1.92 read with part Ii Order No.02/92 dated 1.1.1992; and III)interest at the current market rate of 19% on the arrears of the above dues with effect from 1.1.92 till the actual payments.' (2) The brief facts of the case are that the petitioner joined Army as a Commissioned Officer on June 12,1960. He was promoted to the rank of Brigadier in due courseoftimeonDecemberl6, 1986. The petitioner retired from...
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