Court : Delhi
Reported in : 1994IIIAD(Delhi)1193; 55(1994)DLT420; 1994(30)DRJ462
Jaspal Singh, J.(1) In his suit for partition the plaintiff Nathu Singh also applied for an ad-interim injunction order. Though the learned Additional District Judged allowed it only partly, the defendants still found the order unpalatable. Hence this appeal.(2) Before I proceed to deal with the arguments advanced, let me first provide' a thumb-nail description.of the facts.(3) The plaintiff claiming to be the co-sharer Along with the defendants of property bearing Khasra No. 837 measuring 7 bids was (350 Sq. yards) in the revenue estate of Village Munirka filed a suit for partition and claiming that defendants 1 to 3 having already raised some construction were out to raise further constructions and to part with the same to the detriment of plaintiff's interest, sought ad-interim injunction restraining them from doing so. It need hardly be mentioned that the defendants contested the suit and so also the application under Order 39 Rules 1 & 2. They alleged that the plaintiff's rights i...
Tag this Judgment!Court : Delhi
Reported in : 55(1994)DLT626; (1994)108PLR70
R.C. Lahoti, J.(1) This is a suit filed by the plaintiff-Bank seeking recovery of Rs.1,94,766.20p with costs and interest pendente lite and future calculated at the rate of 14 per cent per annum with quarterly rests.(2) The defendant No. 1 is a partnership firm with defendants Nos. 2 to 4 as itspartners. Approached by the defendants Nos. 2 to 4, the plaintiff bank allowed credit facilities to defendants on hypothecation of raw material, goods-finished and semi-finished and machinery. The credit facilities extended by the bank where by way of cash credit hypothecation limit. Other defendants had stood assureties.(3) It is not necessary to make a detailed discussion of the defense raised and several documents brought on record because of major part of the controversy between the parties having been settled amicably during the course of these proceedings because of the defendants having taken a very reasonable stand and adopted a compromising attitude. On 16.10.90, the defendants stated b...
Tag this Judgment!Court : Delhi
Reported in : 1994IIIAD(Delhi)1283; 1994(30)DRJ467
Anil Dev Singh, J. (1) This is a Letters Patent Appeal against the judgment of the learned Single Judge dated April 9, 1992 (in Civil Writ Petition No-1158/87). The controversy relates to the removal of the respondent from the service of the appellant company while he was holding the post of Director (Marketing) in the latter organisation. The facts giving rise to the appeal are as under 'BUREAU of Public Enterprises, Department of Expenditure, Ministry of Finance, Government of India, New Delhi has an Industrial Management Pool which is constituted under a Scheme called Industrial Management Pool Scheme' (for short IMP'). The Scheme inter- alias provides for creating a pool of officers from where the Ministries having industrial Undertakings could draw upon for the purpose of filling their senior managerial posts in the Public Enterprises run directly by the Government or by Corporations or Companies in which the Government has a controlling interest. Selections to the Pool are requir...
Tag this Judgment!Court : Delhi
Reported in : 1994IIIAD(Delhi)1035; 1994(30)DRJ596
R.C. Lahoti, J. (1) This order shall govern the disposal of I.A. NO. 3655/93 and 5710/93. I.A. 3655/93 is an application under Order 39 Rules 1-2 Civil Procedure Code seeking grant of an ad interim preventive injunction protecting the possession of the plaintiff over the suit property. I.A. No. 5710/93 filed by the defendants seeks setting aside of the ex parte ad interim order dated 2.4.1993 whereby status quo as on that day with respect to the suit property has been directed to be maintained.(2) The suit property consists of land bearing Khasra No. 640/151/2/1 measuring 5 Bighas 15 bids was and No.205/2/2 measuring I Bigha and 2 biswas, total 6 Bighas and 17 bids was situated in village Rajpur Chawani, near C.C. Colony, Delhi. There is an old Kothi situated on the land. Popularly, the property is known as Laxami Narain Bagh.(3) According to the plaintiff, he has been in open, peaceful and uninterrupted possession of the property for over 50 years. He has sown vegetables like onions, ...
Tag this Judgment!Court : Delhi
Reported in : (1994)50TTJ(Del)445
ORDERB. M. MEHTA, A. M.Both the parties in appeal being aggrieved with the order passed by the CIT(A) on various grounds. The assessed has further filed a cross-objection which is partly in support of the order passed by the CIT(A) vis-a-vis the relief allowed and partly in respect of the relief not allowed. The subsequent discussion disposes of the appeals as also the cross-objection.2. The assessed in this case is a registered firm dealing in the purchase and sale of sarees. In the course of the assessment proceedings the ITO noted that a sum of Rs. 31,652 has been paid as commission to Shri Subodh Kumar, son of one of the partners, namely, Shri Chander Sain Jain., who had 50 per cent share in the firm. The claim was rejected on the ground that in the previous year no such amount had been paid to anybody and further the said Shri Subodh Kumar had been paid a salary of Rs. 1,000 per month in the preceding assessment year for the same work. The ITO further noted that Shri Subodh Kumar ...
Tag this Judgment!Court : Delhi
Reported in : 1994IIIAD(Delhi)1069; 1994(2)ARBLR243(Delhi); 55(1994)DLT607; 1994(30)DRJ554
R.C. Lahoti, J. (1) Females having adopted hockey sticks in their hands are face to face in a court of law. Their centre of activities has shifted from hockey field to court room and they expect the Judge to be a referee; the momentary object being not to have the number of goals counted and find who has won the match, but to have a judicial verdict on who has won at the election and who should occupy the coveted seats of office bearers in the Federation who is named as the plaintiff. But they cannot be obliged.(2) Members of a voluntary sports organisation bound by the commands of the creator constitution must settle their scores not in a court of law, but before the Judge of their own choosing, i.e. an Arbitrator. Disputes arising among the persons who have associated themselves to form a club. Committee or federation are not ordinarily open to judicial interference. Their disputes must be settled not with legal subtleties but in a homely atmosphere before ii domestic tribunal, if th...
Tag this Judgment!Court : Delhi
Reported in : 1994IVAD(Delhi)902; 55(1994)DLT496
Devinder Gupta, J. (1) The petitioners have, in this petition filed under Section 482 of the Code of Criminal Procedure, prayed for quashing the complaint(Annexure D) filed by the respondent under Sections 323/506/448/34 of the Indian Penal Code which is stated to be pending in the Court of Shri O.P. Soni, Metropolitan Magistrate, New Delhi as also the order of summoning the petitioners passed on 5.6.1992. (2) respondent Ved Prakash, is a neighbour of the petitioners. On 25.12.1987some quarrel took place which resulted in police taking proceedings under Sections 107 and 151 of the Code of Criminal Procedure against the parties.Petitioners as well as respondent were arrested. After the proceedings concluded good sense appears to have prevailed upon the parties. On 3.6.1988 at the intervention of some respectable persons of the locality, the matter was patched up and thus no dispute remained to be resolved with respect to the incident which had happened on 25.12.1987. As a result of the ...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1995)LC761Tri(Delhi)
1. This appeal arises from the order passed by the Collector (Appeals) in order-in-appeal No. 258/91, dt. 9-10-1991 confirming the classification of the product (Burnt Lime) manufactured by the appellants under Chapter Heading 2505.60 of Central Excise Tariff.2. The facts of the case are that the appellant filed classification list on 1-3-1986 with the Supdt. of Central Excise, Tiruchengode, classifying burnt lime under Chapter Heading No. 2804.90 of the Central Excise Tariff. This was approved by the Assistant Collector of Central Excise, Erode on 30-6-1986. On 6-10-1986 another classification list was filed, claiming exemption of duty for burnt lime used in the manufacture of Bleach Liquor, which was also approved by the Assistant Collector of Central Excise, Erode. Subsequently, the appellant filed a classification list effective from 1-3-1987, classifying burnt lime under the same Chapter Heading No. 2804.90. While approving the classification list the Asstt. Collector, however, c...
Tag this Judgment!Court : Delhi
Reported in : 55(1994)DLT593
R.C. Lahori, J.(1) Withdrawal of a withdrawal application(2) Whether a plaintiff can withdraw 'an application to withdraw the suit'-isa question arising for decision. Jaideep, Sandeep and Smt Pushpa are respectively the two sons and the wife of one Sudhir Kumar Gupta who is defendant No. 2. It appears that defendant No. 2 has made an alienation of the suit property in favor of Inder Chand Jain, the defendant No. 1. According to the plaintiffs, Sudhir Kumar defendant No. 2 had only one-eighth share in the property which was ancestral in character. The alienation is sought to be avoided by seeking a decree of declaration that the same was void and not binding on the co-parcenery.(3) The suit was in progress when on 14.12.1993, Jaideep Gupta, plaintiff No.I filed an application under Order 23 Rule 1 read with Section 151 Civil Procedure Code wherein he made the following prayers : '(i) the plaintiff-applicant be kindly allowed to withdraw the above noted suit and the same be dismissed as ...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1994)(74)ELT272TriDel
1. This is an appeal by the Revenue against the order dated 3-5-1993 passed by the Collector (Appeals) Indore. The respondents are engaged in the manufacture of Electrical Wires and Cables falling under Chapter 85 of the Central Excise Tariff. They also undertake job-work of coating telecommunication G.I. Wires with PVC. On being directed by the Department, they paid duty on such PVC coated G.I. wires under sub-heading 8544.00 of the Schedule to the Central Excise Tariff Act, 1985 under protest and also filed a representation dated 11-12-1990 in which they insisted that the activity of coating G.I. Wires with PVC on job work basis did not amount to manufacture. After issuing a show cause notice and taking into account the respondents reply, the Assistant Collector passed the order dated 14-7-1992 holding the said goods as chargeable to Central Excise duty under sub-heading 8544.00.Being aggrieved by the order passed by the Assistant Collector, the respondents filed an appeal before th...
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