Delhi Court July 1995 Judgments
Home Cases Delhi 1995 Page 14 of about 155 results (0.021 seconds)Shiv Charan Vs. Union of India
Court: Delhi
Reported in: 1995IIIAD(Delhi)705; 60(1995)DLT253
R.C. Lahoti, J. (1) The petitioner who was enrolled as a constable in Crpf has been directed to be removed from service w.e.f. 25.11.1990 under Rule 27(a) of the Crpf Rules, 1955. The petitioner was charged with having committed a misconduct by filing Certificate No. 1844 dated 22.3.1988 while seeking employment showing his domicile in Delhi which certificate was found to be bogus on an enquiry made by the respondent. (2) According to the petitioner, he was not aware of the certificate being bogus. He had gone to Tis Hazari where the authority competent to issue domicile certificate is situated. There he met a person who offered to render his services to him and have the certificate issued from the Competent Authority. The petitioner made application, signed the requisite papers and thereupon the person who had met him delivered a certificate to him. The certificate was admittedly Filed with the application seeking the employment. (3) According to the respondents, it is not relevant wh...
Tag this Judgment!Architects Bureau Vs. Delhi Agricultural Marketing Board and ors.
Court: Delhi
Reported in: 59(1995)DLT350
R.C. Lahoti, J. (1) These are proceedings under Sections 14 and 17 of the Arbitration Act for making the award a rule of the Court. (2) The petitioner had entered into a contract with the respondent for preparation of layout and architectural design of grain market, Najafgarh under the agreement dated 28th June, 1982. The contract contained an arbitration clause which provided as under :- 'EXCEPT where otherwise provided in this agreement, any dispute difference or question arising at any time between the parties in respect of this agreement shall be referred to the sole arbitration of the Chairman, Delhi Agricultural Marketing Board, Delhi.'(3) Disputes arose between the parties. The Chairman Delhi Agricultural Marketing Board vide letter dated 5.9.1991 appointed Mr. V.S. Murty, Former Engineer Member Dda as the Sole Arbitrator. Letter of appointment reads as under:- 'WHEREASM/s. Architects Bureau have written to me vide their letter No. AB/2/89/25 dated 27.1.1989 and subsequent corre...
Tag this Judgment!Peerless General Finance and Investment Co. Ltd. and Uttar Pradesh Fin ...
Court: Delhi
Reported in: 59(1995)DLT238; 1995(34)DRJ178
J.K. Mehra, J. (1) This is a petition by Uttar Pradesh Financial Corporation (herein referred to as the Corporation) under Sections 446 and 537 of Companies Act for leave to sell the properly, which is slated to be constituting security of Uttar Pradesh Financial Corporation. The facts, as stated in the petition, are as under:- (2) That the petitioner Corporation had sanctioned in all five loans, aggregating to an amount of Rs.30,60,000.00 to the company in liquidation between November, 1983 and October, 1985. Under the said loans, a sum of Rs.29,65,040.00 was actually disbursed to the company in liquidation. It is further alleged that the aforesaid loans were secured, inter alia, by equitable mortgage of land and building situated at B- 12, Scctor-VIII, Noida and by hypothecation of plant and machinery. On company in liquidation committing several defaults in repayment of the said loans, the petitioner corporation served a notice on the company in liquidation on or about 9th November,...
Tag this Judgment!Raj Rani and ors. Vs. Banwari Lal and ors.
Court: Delhi
Reported in: 1995IIIAD(Delhi)251; AIR1996Delhi41; 1995(34)DRJ591
C.M. Nayar, J. (1) The present appeal is directed against the award dated August 27, 1979 of Shri Mahendra Pal, Judge Motor Accident Claims Tribunal, Delhi. The appellants had Fried claim petition for award of compensation of Rs. one lakh under Section 110-A of the Motor Vehicles Act for the death of Daya Kishan Dass in an accident which took place on March 18, 1971 at about 5 P.M. near Maurice Nagar Crossing in front of Ramjas College, within the jurisdiction of P.S.Roshanara Road. The appellants are the widow, three children (minor at the time of accident) and mother of the deceased.(2) The brief facts of the case are that the deceased was going on cycle from the side of Roop Nagar towards Old Secretariat via Maurice Nagar and was on his correct left side of the road. The offending truck bearing No. DLL-3761 driven by respondent No.1 came from behind and knocked down the deceased causing serious injuries. The deceased was removed from the site of occurrence in unconscious state to Ir...
Tag this Judgment!Raj Kumar Sharma Vs. Municipal Corporation of Delhi
Court: Delhi
Reported in: 1995IIIAD(Delhi)255; 59(1995)DLT251; 1995(34)DRJ265
Manmohan Sarin, J.(1) The Petitioner, a Loud Speaker Operator employed with the Respondent- Municipal Corporation of Delhi, by this writ petition challenges the order bearing No. 560/M.S. dated 26.2.1993, retiring him from service w.e.f. .31.8.1993, on attaining the age of 58 years. The Petitioner contends that he is a 'workman' within the meaning of Fundamental Rules (for short 'F.R.') 56 (b) and is thereforee liable to be retired only upon attaining the age of 60 years.(2) The Petitioner was appointed as an Electric Mistri vide an appointment letter bearing No.2994/N.W./EEE dated 8.2.1960 in the scale of 60-105. The appointment was a temporary one. The Petitioner thereafter continued in service and was promoted as Assistant Loud Speaker Operator in the grade of 180-380 vide an order bearing No. 37/Engg./EST dated 1.2.71. Finally vide an order dated 10.9.1984 the Petitioner was designated as Loud Speaker Operator ('LSO') with a revised pay scale of 425-700 per month.(3) The Petitioner...
Tag this Judgment!Misra Hospital and Nursing Home Pvt. Ltd. Vs. Assistant Commissioner o ...
Court: Delhi
Reported in: (1995)52TTJ(Del)694
ORDERB. S. SALUJA, J. M. :The assessed is in appeal against separate orders of CIT(A)-V, New Delhi, dt. 29th Dec., 1989 and 18th Dec., 1989 for the asst. yrs. 1986-87 and 1988-89 on the grounds of carry forward of losses and addition of Rs. 22,955 made on account of incentive paid to doctors.ITA No. 1616/Del/1990 :2. The assessed filed a return on 14th Nov., 1986 declaring loss of Rs. 22,138. The Assessing Officer noted that the return of loss was accompanied by copy of audited balance sheet and P&L; account and he accepted the loss as returned by the assessee. However, he mentioned in the assessment order that no carry forward of loss was being allowed as the return had been filed late.2.1 The assessed filed an application dt. 15th July, 1987 made under S. 154 of the IT Act, 1961 claiming that the loss of asst. yr. 1986-87 should be allowed to be carried forward for subsequent years. The Assessing Officer observed that the matter had been considered in the assessment order dt. 28th Ja...
Tag this Judgment!M.K. Industries Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in: (1995)LC282Tri(Delhi)
M/s. Punjab Bottling Company is a registered partnership firm carrying on business of manufacture and sale of aerated waters for its small scale unit at Amritsar. It consists of three partners namely Sh. Charanjit Singh. Sh. S.S. Dhanjal and Sh. Pritam Singh. Sh. S.S. Dhanjal has a separate business interest as a partner in two other firms carrying on business at Delhi under the name and style of M/s. M.K. Industries and M/s. Breweries Engg. Corporation and in addition, he is also the Managing Director of M/s. Amrit Beverages Pvt. Ltd., a trading concern with its registered office in Delhi. During the material period of dispute, the day to day work of aerated water factory was being looked after by Sh. Charanjit Singh while their partner was looking after his business interest at Delhi. The appellants' unit had started manufacture of aerated waters falling under erstwhile Tariff item No. ID under the brand names '77', 'Tingler' etc. since June 1981. The unit was initially exempt from ...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Kala Wati and ors.
Court: Delhi
Reported in: II(1995)ACC581; 59(1995)DLT248
C.M. Nayar, J.(1) The present appeal has been filed to impugn the award dated 7th March, 1980 passed by Shri H.P. Bagchi, Judge Motor Accident Claims Tribunal, Delhi. The brief facts of the case are that the respondent/claimants who are the legal heirs of deceased Kanwar Pal Gin filed a petition under Section 110-A of the Motor Vehicles Act against the appellant-Company as well as against the other respondents who were responsible for the accident which took place on 26th August, 1975 near the crossing of Boulevard Road, near Police Lines and Tis Hazari Courts. The accident took place at 9.35 p.m. on account of the rash and negligent driving of Car no. DLV7372 driven by respondent No. 8 and Taxi No Dlt 1899 driven by respondent 11. The first vehicle was insured with Oriental Fire and General Insurance Co. Ltd, respondent No. 10 and the second vehicle was insured with the appellant Insurance Company. It is alleged that on the day and time of the accident the deceased Kanwal Pal girl was...
Tag this Judgment!Rishabh Agro Industries Ltd. Vs. Union of India
Court: Delhi
Reported in: 60(1995)DLT354
Devinder Gupta, J. (1) This is a petition under Section 20 of the Arbitration Act praying for filing of arbitration agreement in Court and for referring the disputes which have arisen for adjudication through the process of arbitration. (2) The admitted facts arc that tenders were invited by the respondent for purchase of fresh liquid milk on annual contract basis for the period from 1.1.1994 to 31.12.1994 and the petitioner was awarded the contract for supply of the milk for the said period. Petitioner was conveyed the decision of the respondent in accepting its tender through letter dated 31.12.1993. It is not in dispute that as per terms and conditions of the agreement between the parties contract period was from 1.1.1994 to31.12.1994 which could be further extended for a period of ninety days on the same rates, terms and conditions, at the sole discretion of the General Manager of the respondent. Clause 5 of the contract reads as under : '(5)Period of Contract: The contract shall b...
Tag this Judgment!St. Gites Company Vs. Union of India
Court: Delhi
Reported in: 59(1995)DLT735
S.K. Mahajan, J. (1) Under A/T No.TP.7/RGC-812/RP/PAOC/37dated 13th August 1985, certain disputes had arisen between the parties and they were, accordingly, referred for adjudication to Shri C. Achuthan, Additional Legal Advisor to the Government of India, Ministry of Law and Justice, Department of Legal Affairs, Shastri Bhawan, New Delhi. After giving opportunities to the parties to file their claim statements, documents, evidence and after hearing the parties and their Counsel, the Arbitrator made and published his award on 30th May, 1991. The Arbitrator sent the award to this Court and notice of the filing of the same was given to the parties. The Union of India has filed objections to the award. (2) It has been contended in the objection petition that the Arbitrator having held that cancellation of the contract by Union of India was valid and the Union of India was within its rights to risk purchase At and the same was also within time, he has grievously erred in holding that on a ...
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