Delhi Court July 1995 Judgments

Chameli Devi and ors. Vs. Union of India

Court: Delhi

Reported in: 1995(34)DRJ457

M.K. Sharma, J.(1) This is an appeal under Section 54 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) against the award dated 2.5.1975 in Lac No.432/1971 passed by Shri O.N.Vohra, Additional District Judge, Delhi determining the amount of compensation payable to the appellant/claimant for his land at Village Khyala, acquired for the public purposes namely - 'Execution of Interim General Plan for Greater Delhi'. Notification under Section 4 of the Act was issued on 3.9.1957 and notification under section 6 was issued on 26.6.1961. By the aforesaid notification under section 4 of the act a total land measuring 1095 bighas and 16 bids was situated in Village Khyala was acquired. The Land Acquisition Collector relying on an earlier award being award No.1092 relating to the same village divided the lands into 4 categories and determined the compensation @ Rs.600.00 , Rs.400.00 , Rs.300.00 and Rs.200.00 per bigha.(2) On reference the Additional District Judge through t...

Union of India (Uoi) Vs. Auto and General Engg. Co. and ors.

Court: Delhi

Reported in: 1995(60)LC599(Delhi)

Anil Dev Singh, J.1. This petition is directed against the order of Foreign Exchange Appellate Board dated February 22, 1994, whereby the Board by modifying its earlier order dated December 20,1993 granted a further extension of time to the first and the second respondents to deposit a sum of Rupees one lakh each up to April 15,1994 as a condition precedent for hearing their appeals.2. In Civil Misc. (M) Petition No. 239/94, Union of India v. Mis Auto & General Engineering Co. and Ors. I have taken a view that Orders of Board relating to pre-deposit are in the nature of interlocutory orders and the same can be altered or modified having regard to the interests of justice. In this view of the matter, thereforee, the petition is dismissed as being without merit....

Municipal Corporation of Delhi Vs. Gian Wati

Court: Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

A.P. Chowdhri, President: 1. Briefly the facts giving rise to this appeal are that the respondent Smt. Gianwati who is resident of Village Hassan Pur which is situate behind Patpar Ganj DTC Depot, applied for a domestic light connection on 21.2.86. She deposited a sum of Rs. 525/- as required. She had been running from pillar to post but to no purpose. She, accordingly, approached District Forum alleging deficiency in service. She prayed for direction for a domestic electric connection and compensation for amount of Rs. 10,000/- on account of mental pain and agony and inconvenience suffered by her and members of her family. The plea of the Opposite Party was that the house of the Complainant was situated in an unelectrified pocket and she was, therefore, not eligible for electric connection. During the pendency of the proceedings before the D.F., a Local Commissioner was appointed on the application of the Complainant who visited the premises of the Complainant on 24.10.94 and reported...

Smt. Kailash Rani and Others Vs. Sh. Satya Pal Singh and Others

Court: Delhi

Reported in: II(1995)ACC368; 1996ACJ297; AIR1996Delhi98

ORDER1. The present appeal is directed against the award dated October 27, 1980 of Shri H. P. Bagchi, Judge, Motor Accident Claims Tribunal, Delhi. The appellants-claimants filed a petition u/S. 110-A of the Motor Vehicles Act against the respondents claiming compensation of Rs. 5 lakhs for the death of Harbans Lal in a motor vehicle accident which took place on 25th February, 1977 at about 12 p.m. at Ring Road, Delhi. It is alleged that the said accident was caused on account of rash and negligent driving of motor vehicle No. DLP 5166 on the pan of respondent No. 1. The offending vehicle was owned by respondent No. 2 and insured with respondent No. 3.2. The brief facts of the case are that on February 25. 1977 at about 12 p.m. the deceased along with Kishan Lal was going from his restaurant in Darya Ganj on a motor cycle No.DLM 8231 on Ring Road. The motor cycle was driven by the deceased and Kishan Lal was sitting on the pillion seat. When the motor cycle reached a place known as Bel...

Hindustan Petroleum Corporation Ltd. Vs. Madan Mohan Arora and ors.

Court: Delhi

Reported in: 60(1995)DLT549

A.K. Srivastava, J. (1) This revision petition under Section 397 read with Section 482 of the Cr.P.C. is against orders dated 16.11.94 and 4.1.95 passed by the Additional Sessions Judge, Delhi in E.C.A. Case No. 21/94. The impugned order dated 16.11.94 says that 761 gas cylinders given on 'Superdari' to Hindustan Petroleum Corpn. Ltd. may be returned to Manmohan Arora. Feeling aggrieved with that order the Hindustan Petroleum Corpn. Ltd. moved an application for review but the same was rejected by the impugned order dated 14.1.95. It was again ordered that 741 gas cylinders be returned to Manmohan Arora. (2) The revisionist is Hindustan Petroleum Corpn. Ltd. (3) In this revision petition, a legal plea has been raised that the aforesaid cylinders could not have been returned to Manmohan Arora because under Section 452 of the Cr.P.C., the Court had no jurisdiction to pass such an order. The grounds taken are two-fold, firstly, that the cylinders belong to the revisionist and secondly tha...

Mahinder Ahuja Vs. Delhi Development Authority and ors.

Court: Delhi

Reported in: 1995IIIAD(Delhi)477; 1995(3)Crimes658; 60(1995)DLT541a; 1995(34)DRJ303

Mohd. Sharnim, J.(1) The petitioner through the present revision petition has taken exception to an order dated March 4,1993 passed by Sub Judge, Delhi whereby he dismissed an application under Order I Rule 10 of the Code of Civil Procedure moved by one Mahinder Ahuja ( hereinafter referred to as the petitioner) for his impleadment as one of the parties in Suit No. 19/89, Smt. Makhani Devi Juneja vs. Delhi Development Authority.(2) It has been urged for and on behalf of the petitioner that Smt. Makhani Devi and Shri Vilayat Juneja ( hereinafter referred to.as respondents Nos. 2 & 3 ) filed a suit against Delhi Development Authority i.e. Suit No. 19/89, for a declaration and permanent injunction. They through the said suit prayed for a restraint order against the Dda not to give effect to the cancellation order dated January 2,1989 whereby the allotment order dated July 1,1975 was cancelled in respect of Stall No. 22, C-4E, Janakpuri, New Delhi ( hereinafter referred to as the disputed ...

Lalita Gupta Vs. Surinder Kumar Sharma

Court: Delhi

Reported in: 59(1995)DLT730; 1995RLR558

Arun Kumar, J.(1) The appellant filed the present eviction petition against respondent No. I on 29.3.1982 on the ground contained in Clause (k) to the proviso to Sub-Section (1) of Section 14 of the Delhi Rent Control Act (hereinafter referred to as Act). Respondent No. I is a tenant of the appellant with respect to Shop No. M-54, Connaught Circus, New Delhi. The property is on a perpetual lease with the appellant. The lease has been granted by the Govt. of India through the Land and Development Officer (hereinafter referred to as the L&DO;) who manages the leasehold properties of the Govt., of India. The L&DO; served a notice dated 30.3.76 on the appellant stating that there was some unauthorised construction in existence in the said shop in question. According to the notice there is mezzanine constructed in the said shop measuring 16 ft. X 9 ft. Out of this the Land and Development Officer objected to an area to the extent of 72 sq.ft. A notice to the same effect had also been issued...

impeller India Vs. Collector of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (1995)(51)ECC89

1. Appearing on behalf of the appellants Shri Arun P. Patankar, Ld.counsel submitted that the appellants is a SSI Unit and the Revenue has already adjusted the amount of Rs. 50,000 which was imposed as redemption fine. He voluntarily offered to deposit the 50% of the duty amount of Rs. 1,35,750 submitting that the requirement to deposit the penalty amount should be dispensed with as the liquidity position of the appellants is not sound. In reply Shri Sachdeva, Ld. SDR submitted that the appellants have not filed the documents regarding their alleged poor liquidity position. The court showed the balance sheet to him on the record.2. Considered. From the impugned order we find that the Collector of Central Excise has himself stated in the paragraph 7 of the impugned order that as far as aluminium scrap is concerned there was no method to arrive at the exact quantity and as such the same was fixed at 5%.3. Under these circumstances, we accept the offer made by the Ld.counsel for the appe...

Subhadara Kumari and Others Vs. Lallu Ram and Ohters

Court: Delhi

Reported in: I(1996)ACC299; 1995ACJ935; AIR1996Delhi64; 59(1995)DLT193; 1995(34)DRJ338

ORDERC. M. No. 2069/941. This application has ben filed by the appellants under O. 41, R. 33 read with S. 151 of the Code of Civil Procedure and S. 74 of the Evidence Act. The appellants have moved this application to place on record certain documents to indicate the salary and allowances which would have been payable to the deceased from the date of his death till January, 1994 if he had not been killed in the accident. The deceased Chhajju Singh was about 28 years of age and was working as constable in Delhi police drawing the total emoluments of Rs.312/- per month at the time of accident which took place on August 3, 1972. The appellants have brought on record the official documents, which would indicate the present salary structure of the post which the deceased was holding at the time of his death. These documents have been issued by the concerned department i.e. by the office of the Deputy Commissioner of Police, New Delhi, and do not require corroboration or any evidence to prov...

Madan Lal and Others Vs. Janardan and Others

Court: Delhi

Reported in: II(1995)ACC349; 1996ACJ395; AIR1996Delhi143

1. The present appeal is directed against the award dated April 28, 1980 passed by Shri R.C. Chopra, Judge, Motor Accident Claims Tribunal, Delhi.2. The appellants had filed an application under Section 110-A of the Motor Vehicles Act, 1939 for grant of compensation in the sum of Rs. 50,000/- on account of death of their mother Smt. Bharawan Bhai. The deceased, it is stated, was in the act of crossing the road on May 13, 1972 at about 8.45 p.m. at the crossing of Safdarjung Hosptial, New Delhi, when truck bearing No. DLL-5861 came from the side of Vinay Nagar at a fast speed and without giving any horn knocked down the deceased. The driver of the truck could not control his truck at the relevant time and could not apply brakes as it was going at an excessive speed. It was further alleged that the said vehicle had come from Vinay Nagar side in spite of red light and, thereforee, the driver was rash and negligent. The deceased died at the spot as a result of the injuries. The driver of t...