Delhi Court August 1995 Judgments

Suraj Kala and ors. Vs. Dy. Commissioner of Police, New Delhi District ...

Court: Delhi

Reported in: 60(1995)DLT82

D.P. Wadhwa, J. (1) In this petition under Article 226 of the Constitution, petitioners seek a writ of certiorari or any other appropriate writ, order or direction quashing the order dated 12 July 1995 passed by the Deputy Commissioner of Police, New Delhi District (DCP) under Section 33 of the Delhi Police Act, 1978 (for short 'the Act'). (2) Before passing the impugned order the Dcp came to the conclusion that there was a danger to human life, safety and grave disturbance of public tranquillity on a dispute/tension over shop bearing No. 65-B, Khan Market, New Delhi, which dispute was stated to be between the petitioners numbering three and respondents 2 and 3. Respondents 2 and 3 are respectively the son and daughter- in-law of the first petitioner, second petitioner is her son and third son-in-law (husband of her daughter). Dcp, thereforee, took possession of the shop premises and directed that the order shall come into force with immediate effect and shall remain in force till 11 S...

Satish Kumar Vs. State

Court: Delhi

Reported in: 1995IIIAD(Delhi)588; 1996CriLJ265; 1995(4)Crimes305; 60(1995)DLT74; 1995(34)DRJ404

P.K. Bahri, J. (1) Satish Kumar, S/o Sh.Prem Chand, who was aged about 18 years at the time of the occurrence) has been convicted of an offence punishable under Section 302 of Indian Penal Code having caused the murder of Suresh Kumar, a young boy of 19 years, during the intervening night of 7th and 8th April 1987 at about midnight near Jhuggi No.2, 'G' Block, J.J.Colony, Wazirpur, Delhi vide judgment dated 25th January 1992 of an Additional Sessions Judge and by subsequent order dated 27th January 1992 has been sentenced to undergo imprisonment for life and to pay a fine of RS.100.00 and in default of payment of fine to undergo simple imprisonment for five days. He has come up in appeal in challenging his conviction and the sentence.(2) The facts of the case, in brief, are that Public Witness -1, Smt.Krishna, was residing Along with the deceased and other children in her Jhuggi No.2, 'G' Block, JJ.Colony, Wazirpur, Delhi at the relevant time. The appellant was stated to be working at,...

Raghunath International Ltd. Vs. Collector of Customs and anr.

Court: Delhi

Reported in: 1996(81)ELT31(Del)

D.P. Wadhwa, J.(1) The petitioner, an importer, in this petition under Article 226 of the Constitution seeks an appropriate writ, order or direction quashing the action of the respondents in causing any obstruction to the dearance of its imported goods being gambier extract of Myanmar (Burmese) origin in terms of four bills entry three of which were filed on 1 December 1994 and the fourth on 5 December 1994. A writ of mandamus or any other appropriate writ, order or direction is also sought a direction to the respondents that petitioner be allowed to clear the 'gambier' extract on the strength of an order passed by the proper officer for dearance of the goods on the basis of provisional assessment of duty under Section 18 of the Customs Act, 1962 (for short 'the Act'). (2) Petitioner says it imported gambier extract of Myanmar (Burmese) origin from Singapore which is a dutiable item. Bills of entry were filed but the goods were not being released. Petitioner says it produced all the re...

Roshan Lal Vs. Jaipur Udhyog Ltd. and ors.

Court: Delhi

Reported in: 1995IIIAD(Delhi)602; 59(1995)DLT796

C.M. Nayar, J.(1) The present appeal is directed against the award dated April 30,1981 passed by Mr. H.P. Bagchi, Judge, Motor Accident Claims Tribunal (1), Delhi. (2) The appellants-Roshan Lal and Sardari Lal filed two petitions under Section 110-A of the Motor Vehicles Act against the respondents for recovery of compensation for the injuries sustained by them in a motor vehicle accident, alleged to have taken place on February 22, 1971 at about 7.35 p.m. on the road going from Rajpur Road towards Malka Ganj, Delhi. 11 is alleged that the accident took place on account of rash and negligent driving of car No. Dlk 8890 on the part of Mohan Singh, Respondent No. 3. The said car was stated to have been owned by respondent No.1 M/s. Jaipur Udyog Ltd. and Suresh Chand Singal, respondent No. 2 in this appeal. The vehicle was insured with respondent No. 4, Universal Fire and General Insurance Co. Ltd. The appellant-Roshan Lal in Suit No. 353/71 preferred a claim for the sum of Rs. 2 lakhs. (...

Air France Vs. Union of India and anr.

Court: Delhi

Reported in: 1995IIIAD(Delhi)877; 59(1995)DLT717; 1995(35)DRJ357

Vijender Jain, J. (1) This is a petition filed by the petitioner against levy of foreign travel tax on the petitioner whereas as per the Notification the tax was to be levied on the passengers. As per the Notification, it is the admitted case of the parties that the petitioner as well as other Air Lines were depositing the tax collected by them from the passengers in the treasury of the respondent. The Assistant Collector of customs, (2) Foreign Travel Tax, issued show cause notice to the petitioner asking for deposit further amount on account of shortfall in collection of tax, which according to the parties is from 1971 onwards amounting to Rs.77 lakhs approximately. Similarly, notices were sent to the other Air Lines like British Airways, Klm etc. However, the British Airways and Klm challenged the notices before the appropriate authorities in the Ministry of Finance, Government of India. The basic contention of Mr.Goburdhun, learned counsel for the petitioner, is that Rule-9 of the ...

Gulsharan Kaur and anr. Vs. Surinder Singh and anr.

Court: Delhi

Reported in: I(1996)ACC238; 1997ACJ87; 59(1995)DLT752

C.M. Nayar, J.(1) The present appeal arises from the Award dated April 16, 1981 passed by ShriS.P. Saberwal, Judge, Motor Accidents Claims Tribunal, Delhi. The appellants are the legal representatives of the deceased Bhagwan Singh and filed the claim petition under Section 110-A of the Motor Vehicles Act claiming compensation of Rs. 3,00,000.00 on account of fatal injuries sustained by the deceased in the motor accident that took place on February 3, 1977 at about 9.30 p.m. at Wazirabad Bridge within the jurisdiction of Police Station Seelampur. The deceased Bhagwan Singh was coming on his Rajdoot Motor Cycle bearing No. DEC-2142 from the Western side of Wazirabad bridge over river Jamuna and was proceeding towards Shahdara side. He had crossed more than half of the bridge when Surinder Singh, respondent No. 1 herein, who was driving the offending truck bearing No. HRA-1705 was seen coming from the opposite direction at a very fast and reckless speed. The deceased, it was alleged, was ...

Rahul Shukla Vs. Union of India and ors.

Court: Delhi

Reported in: 1995IIIAD(Delhi)698; 59(1995)DLT573; 1995(34)DRJ399

R.C. Lahoti, J. (1) The petitioner having graduated in Medical Science in the year 1982 from the King George Medical College, Lucknow, was lucky enough having got an employment in Army. He was given a short service commission. All was going well as he was promoted as Major on 4.6.88. The young doctor while seeking entry in the Army Commission and having happily, hopefully and successfully served the army for about 10 years could not have anticipated a change in his family circumstances which would persuade rather compel him in resigning from the army. (2) On 22.3.93 he filled-up the prescribed proforma and submitted it as his application for resignation (Annexure P-1). Vide Section Ii of the application the petitioner has stated the following grounds in support of his application for resignation. '(B)My father expired well before I joined Army. My mother Along with my two sisters were living in my home town Barant of Distt- Meerut (UP) in a joint family consisting of uncle, aunt and th...

Phul Singh Vs. Union of India

Court: Delhi

Reported in: ILR1996Delhi580

R.C. Lahoti, J. (1) The petitioner an ex-gunner has filed this writ petition on 14-2-1994 seeking a direction to the respondents to release the disability pension to the petitioner w.e.f. 11-8-71 and quashing the impugned order dated 18-8-1990 (Annexure-PU) whereby the petitioner's claim for disability pension was rejected. (2) It is not disputed that ex-gunner Phul Singh (1181704) was enrolled in the Regiment of Artillery on 19-12-62 and was recommended the invalidment out of service w.e.f. 10-8-71 due to invaliding disability Neurosis (300). This was done under Rule 13(3) Item No. III(iii) of Army Rules 1954 by a duly constituted Invaliding Medical Board arranged for him at Command Hospital (Central Command) Lucknow. No family pension was released or sanctioned to the petitioner. (3) Vide letter dated 9-10-71, the petitioner was informed of his claim for disability pension having been rejected. The Communication (Annexure P-2) clearly stated : 'DISABILITYPENSION Rejection Of After a ...

Chandra Timber Traders Vs. Deputy Commissioner of Income Tax. (Also Al ...

Court: Delhi

Reported in: (1996)54TTJ(Del)544

ORDERA. SATYANARAYANA, VICE-PRESIDENT :These cross appeals arise out of the order of the CIT(A) dt. 13th Aug., 1990 for the asst. yr. 1987-88 for which the previous year was Diwali year 1986.2. The assessed is a partnership of two persons engaged in the business of purchase and sale of timber.Assessees appeal - ITA No. 6063/Del/903. According to the Assessing Officer (AO), who passed the assessment order under s. 143(3) on 23rd March, 1990, there was a search on the business as well as the residential premises of the partners in the month of January, 1989. As a result of the search, a number of documents, loose papers and other books of account were found and seized.4. The AO noticed that for the assessment year under consideration the assessed had disclosed sales of Rs. 45,34,536 and a gross profit rate of 9.8% as against the sales of Rs. 21,74,076 and gross profit rate of 12.95% in the preceding asst. yr. 1986-87. The assessed was required to explain the reasons for the fall in the g...

Gurbaksh Singh Joneja Vs. Tata Share Registry Ltd. and Another

Court: Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

Mr. Justice A.P. Choudhary, President: 1. Brief facts giving rise to this complaint are that Gurubaksh Singh Joneja hereinafter referred to as the complainant applied for allotment of 50 non-convertible debentures of Rs. 100/- each along with application money of Rs. 5000/- to M/s. Tatalron and Steel Co. Ltd on 14.5.1984. He received allotment advice dated 17.9.1984 that 40 debentures had been allotted to him and accordingly Rs. 4000/- were adjusted and the balance Rs. 1000/- along with interest amounting to Rs. 252.74 was being refunded. In the allotment advice the complainant was wrongly described as Saluja instead of correct surname being Joneja. On later dates cheques on account of interest accruing on the debentures were received but in all those cheques the complainant was wrongly described as Saluja as stated above. The debenture certificate dated 1.2.1985 was also received with the aforesaid wrong description of the surname of the complainant In view of the error in the descrip...