Delhi Court September 1995 Judgments
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Jaswinder Kaur and ors. Vs. Jatinder Pal Singh Etc.
Court: Delhi
Decided on: Sep-29-1995
Reported in: 1994IVAD(Delhi)528; 58(1995)DLT155
Mohd. Shamim, J.(1) This is an application under Order XLl Rule 19 read with Section 151 of the Cods of Civil Procedure for setting aside the order dated February 10, 1992 passed by the learned predecessor of this Court whereby the revision petition was dismissed. The application is supported by an affidavit. (2) The facts which gave rise to the presentation of the present application are as under : that the present case was enlisted for hearing on February 10, 1992. The name of the counsel for the petitioner was not shown in the cause list of the said date. However. Shri Ashok Kashyap, counsel for the petitioner] applicant and Shri Raminder Pal Singh, one of the applicants, were present in the High Court on the said date. Shri Ashok Kaishyap, counsel for the petitioner, was on his legs before Hon'ble Mr. Justice Arun Kumar when the case was called out. Shri Raminder Pal Singh who was present in the Court requested some other counsel to request the Court for a pass over. Later on, when...
Vijaya Bank Vs. A.N. Tewari
Court: Delhi
Decided on: Sep-29-1995
Reported in: 1995IVAD(Delhi)189; 60(1995)DLT454; 1996(36)DRJ129
Jaspal Singh, J. (1) Vijaya Bank, a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 has instituted this suit against Shri A.N.Tiwari, Advocate for the recovery of Rs.10,21,960.00 . In response to the suit Shri Tiwari has moved an application to the effect that since the amount claimed is not 'on account of or as a result Of any business activity undertaken by the plaintiff bank as stipulated under section 2(g) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter called the-Act), thereforee, the Tribunal constituted under the Act would have no jurisdiction to try the suit and that consequently, the suit be not transferred to it.(2) The question, as would be borne out from the preceding paragraph, revolves around the meaning of the term 'debt' as defined in section 2(g) of the Act. However, before I proceed to examine that definition let me first refer to the essentials of plaintiffs claim.(3) ...
Zohra Bi Vs. State
Court: Delhi
Decided on: Sep-29-1995
Reported in: 1995IVAD(Delhi)210; 1995(35)DRJ203
M.S.A. Siddiqui, J. (1) The petitioner Smt. Zohra Bi, in the Habeas Corpus petition under Article 226 of the Constitution of India seeks release of Shamshul Arfeen, Faizul Arfeen, Zainul Abdin, Waseem Ahmad, Mohd. Zubair, Nabi Ahmad, Zameer Ahmad, Shoeb Ahmad, Sardar Ahmad, Faheem Ahmad and Smt. Nasreen Begum, from the alleged illegal detention of the police. (2) It is beyond the pale of controversy that there is a dispute between the petitioner and the respondents No.6 and 7 in respect of the house No.3823, Gali Hafiz Bannewali, Churiwalan Delhi (hereinafter referred to as 'the disputed house') and a civil suit in respect of the said dispute is pending before the Civil Judge, Delhi. On 9.5.95, the respondent No.7 had lodged a report (F.I.R.No.138/95) under Sections 509/506 Indian Penal Code . at the Police Station Haus Qazi against Mohd. Zuber. Thereafter, on 8.6.95, the respondent No.7 lodged another report (F.I.R. No.186/95 at the P.S. Hauz Qazi) under Sections 448/380/34 Indian Pen...
Krishna Tirath Vs. Kalka Dass and ors.
Court: Delhi
Decided on: Sep-29-1995
Reported in: 1995IVAD(Delhi)322; 60(1995)DLT491
Devinder Gupta, J.(1) The short question to be decided in this application is as to whether the petitioner be or be not permitted to amend the election petition, which was instituted on 1st August, 1991. (2) The petitioner has alleged that in para 14.1 of the petition a reference has been made about the speech of one Shri K.C. Ravi, which was made in the presence of respondent No. I and is a corrupt practice. Respondent No. I has been misconstruing this para and claiming that Mr. K.C. Ravi, mentioned in the said para is the same person as Mr. Kishan Chand Ravi, who is the District President of Bhartya Janta Party and also a candidate in the election. According to the petitioner, the said contention raised by respondent No. 1 is a dilatory tactic to delay the disposal of the petition. Petitioner further alleges that respondent No. I had filed I.A.11032 of 1991 praying that election petition be dismissed for not impleading the said Kishan Chand Ravi as allegations of corrupt practice hav...
P.M. Diesels Ltd. Vs. Patel Field Marshal Industries
Court: Delhi
Decided on: Sep-29-1995
Reported in: 1996(36)DRJ662
N.G. Nandi, J. (1) In the suit for perpetual injunction, seeking to restrain the defendant from using the trading style to read as Patel Field Marshal Agencies as well as Patel Field Marshal Industries containing the whole trade mark Field Marshal of the plaintiff for marketing their goods of the same kind and description as those of the plaintiffs and for rendition of accounts of profit earned by the defendants, the plaintiff by this is seeks to restrain the defendant from using logo Pfma and Pfmi which may be identical and/or deceptively similar to the registered trade mark of the plaintiff and from using and/or trading under the name and style to read as 'PATEL Field Marshal AGENCIES' and 'PATEL Field Marshal INDUSTRIES' pending hearing and disposal of the suit. (2) By order dated 30.6.1989, the defendants have been restrained from adopting the plaintiff's registered trade mark 'FIELD MARSHAL' as the trading mark for their proposed company. The defendant filed rely t6 the is and res...
Nirmal Singh and anr. Vs. C.M. Java and ors.
Court: Delhi
Decided on: Sep-29-1995
Reported in: 1997ACJ44; 1995IVAD(Delhi)307; 61(1996)DLT84
C. M. Nayar, J.(1) The present appeal is directed against the award dated May 7,1981 passed by Shri S.P.Saberwal, Judge, Motor Accident Claims Tribunal Delhi. The respondents-claimants have also filed cross-objections (C.M.No. 854/83). The appeal was been filed by the owner and driver of the offending vehicle and the insurer,New India Assurance Company Ltd. is imploded as aco-respondent along with the claimants. (2) The claim petition was filed by the widow and two minor children as legal heirs of the deceased Shri V.Vasudevan, under Section 10-A of the Motor Vehicles Act claiming compensation amounting to Rs.six lakhs. The deceased sustained fatal injuries in an accident that took place on February 22, 1975 at about 5.15 p.m. at G.T. Road crossing near Narrow-Gauge railway line, Shahdara. The deceased was sitting on the pillion seat of two wheeler scooter No. DLW-3606 and was coming from his duty in M/s. Air Reduction Company Ltd, Plot No. 56, Site No. 4, Sahibabad, Ghaziabad for goin...
Kishanchand Vs. Union of India
Court: Delhi
Decided on: Sep-29-1995
Reported in: ILR1996Delhi175
Usha Mehra, J.(1) The short point involved in this petition is whether services rendered by the petitioner in the Indian Air Force for nearly 22 months can be counted towards pensionary benefits. The petitioner joined Indian Air Force and served from 21st March, 1967 to 11th January, 1970. He was. however, discharged from Air Force w.e.f. 11th January, 1970 on Selection for Permanent Commission in the Aamy. His lien on the present rank was not maintained nor the service rendered by him for the duration of his pre-commissioning training has been counted towards pensionery benefits. The action of the respondent is based on the wrong interpretation of the rules. When on being selected on permanent commission, his duration of pre-commissioning training was not considered. The petitioner made representation through Commandant Indian Military Academy seeking benefit of service rendered during that period. He also met personally with the then Chief of Air Staff, but his representation was rej...
Jado Ram Gupta Vs. Kehar Singh and ors.
Court: Delhi
Decided on: Sep-29-1995
Reported in: 1995IVAD(Delhi)405; 60(1995)DLT431; 1995(35)DRJ308
Devinder Gupta, J. (1) This application under Order 1 Rule 10 of the Code of Civil Procedure is by Smt. Champa and Smt. Nando, widow of late Dr. Kehar Singh of village Mundka, Delhi for being imploded as defendants in the suit filed by the plaintiff against the four sons of Dr. Kehar Singh and another. (2) Plaintiff filed the suit for specific performance against five defendants, four of whom are the sons of Dr. Kehar Singh. Fifth one is Ram Parkash. It is alleged that on 1.12.1978 Dr. Kehar Singh agreed to sell 3 bighas 4 bids was of land out of khasra No.683/2, situate in village Mundka, Delhi in favor of the plaintiff. By virtue of another agreement of the same date, the plaintiff agreed to purchase and defendant Ram Parkash agreed to sell land measuring 2 bighas 10 biswas, which land also belonged to Dr. Kehar Singh and which he had agreed to sell to defendant No.5 through another agreement dated 28.10.1978. Plaintiff has further alleged that on 28.1.1979 another agreement was ente...
Mansarover Builders (P) Ltd. Vs. Union of India and ors.
Court: Delhi
Decided on: Sep-29-1995
Reported in: 60(1995)DLT405; 1995(35)DRJ565; [1996]222ITR91(Delhi)
Anil Dev Singh, J. (1) The house property in question, A-208, defense Colony, New Delhi, belonging to the third respondent stood on a piece of land measuring 285 sq. yards .The land underneath the house was originally acquired by the third respondent's predecessor in-interest from L&DO; by means of a lease deed dated January 20,1960, superseded by deed dated October 13, 1978. By virtue of an agreement dated April 7,1993 the - third respondent agreed to sell the property to the petitioner at an apparent price of Rs.57.50 lacs. At the. time of execution of the agreement to sell the petitioner paid a sum of Rs. 8 lacs to the third respondent. Regarding payment of the remaining amount by the petitioner, the agreement provided that a sum of Rs.49 lacs would be paid on receipt of the permission of the Appropriate Authority for the sale of the property and the balance of Rs.50,000.00 at the time of registration of the sale deed. The agreement also required the petitioner to obtain the requisi...
Union of India Vs. Surinder Kumar
Court: Delhi
Decided on: Sep-29-1995
Reported in: 61(1996)DLT42; (1996)112PLR36
Anil Dev Singh, J.(1) : Admit. ' (2) This is an appeal against the order of the learned single Judge dated December 19, 1994 whereby the application' of the appellant under Order 9 Rule 13 Civil Procedure Code read with section 151 thereof has been dismissed. The facts necessary for disposal of the appeal are as follows:- (3) The Union of India, which is the appellant in this appeal, and the respondent entered into an agreement being agreement No. 19/ GCD/88-89 by virtue of which the latter undertook to execute the work of replacement of double security fencing at Hindon Airfield, Hindon. The agreement was signed on behalf of the President of India by the Executive Engineer, Ghaziabad, Central Division, C.P.W.D. Hindon Air force Station, being the Engineer-in-charge. As per clause (2)(e) of the conditions of contrast the Engineer-in-charge was to supervise and be in charge of the work. At this stage it will be convenient to extract the said clause which reads as follows:- '(E)The Engin...
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