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Delhi Court November 1996 Judgments

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Nov 01 1996

Roop Madan Vs. State

Court: Delhi

Decided on: Nov-01-1996

Reported in: 1997IAD(Delhi)687; 65(1997)DLT14; 1997(40)DRJ109

S.K. Mahajan, J.(1) On 18th October, 1996, one Mr.Brady informed the police at about 10.50 p.m. that his daughter had died in H.No.179-C, Pocket C, Sidhartha Extension, New Delhi. The deceased Sharon Brady was the daughter of Andrew Brady and Ms.Linda Brady. Andrew Brady and Ms.Linda Brady were, however, living separately as their marriage had been dissolved by a decree of divorce. Mr.Brady was informed by his son that Sharon was hanging with fan and on receipt of this information, he reached the house at about 9.30 p.m. where he found his daughter dead. Linda Brady came back home at about 10.30 p.m. and she claimed that she had spoken to the deceased at about 3.30 p.m. on that day and she had appeared to be normal. A suicide note was alleged to have been found which was handed over to the police by Trever, brother of the deceased. Statement of Linda Brady was recorded by the police at about 11.45 a.m. Fir was recorded on 22nd October, 1996 on the basis of the earlier statement of Lind...


Nov 01 1996

P.V. Narasimha Rao Vs. State (Central Bureau of Investigation/Spe)

Court: Delhi

Decided on: Nov-01-1996

Reported in: 64(1996)DLT665; 1996(39)DRJ564

S.K. Mahajan, J. (1) The Chief Metropolitan Magistrate having taken cognizance of the offence punishable under Section 120-B read with Section 195/469/471 Ipc against the petitioners and Mr.K.L.Verma and Larry J.Kolp, directed the issuance of non-bailable warrants against them, returnable after execution on or before the 14th October, 1996. On a petition having been filed by the petitioners, Mr.P.V.Narasimha Rao and Mr.K.K.Tiwari, for the grant of anticipatory bail pursuant to such non-bailable warrants having been issued by the Court of the Chief Metropolitan Magistrate, this Court by order dated 9th October, 1996 had directed that in the event of their arrest on the basis of the non-bailable warrants issued by the Chief Metropolitan Magistrate, the petitioners in each of the said cases will be admitted to bail on their furnishing a personal bond in the sum of Rs.25,000.00 each with one surety each in the like amount to the satisfaction of the Arresting Officer/Superior Officer. Durat...


Nov 01 1996

Devinder Nath Sondhi Vs. Raj Sondhi

Court: Delhi

Decided on: Nov-01-1996

Reported in: 1997IAD(Delhi)81; I(1997)DMC298; 1996(39)DRJ639

J.K. Mehra, J. (1) This Civil Revision Petition arises from an order of the Additional District Judge granting monthly pendente lite maintenance of Rs.l,000.00 from the date she superannuated from her job. The petitioner has challenged the said order mainly on the ground that he is not having any income and that he has lost his job also. The petitioner has, however, admitted that in place of Maruti 1000, he has now bought a new Maruti Zen car. It is common knowledge that it is an expensive car and maintenance and fuel cost of the car would come to about Rs.3,500.00 p.m. if the petitioner docs not employ any driver. I tried to take up the matter in the Chamber with a view to ascertain whether there was a possibility of any reconciliation between the two, but such efforts failed. After her retirement, she has moved into flat at Vasant Kunj and has, as a consequence, lost the rental income of that flat also. She is getting a pension of Rs.2,898.00 p.m. I find difficult to accept the versi...


Nov 01 1996

Sunstar Lubricants Ltd. and anr. Vs. Federal Chemical Industries and a ...

Court: Delhi

Decided on: Nov-01-1996

Reported in: 1996VAD(Delhi)594; 1997(1)ARBLR337(Delhi); 65(1997)DLT725

K. Ramamoorthy, J. (1) The plaintiffs claim to the trade mark Golden Cruiser 1200. The defendants claim the trade mark Sun Cruiser 2001. - (2) The plaintiffs and defendants are engaged in the same business of manufacturing and selling automobile coolant and other attendant products. The suit was instituted by the plaintiffs on 28.8.1990. In the original plaint, the plaintiffs claimed the relief of injunction on the ground of passing off. On 7.1.1991 the plaintiffs filed IA. 210/91 for amendment of the plaint claiming the relief of infringement of trade mark on the ground that the-trade mark claimed by the plaintiffs have been registered by the Registrar under the Trade Marks Act, 1958 and, thereforee, they are entitled to the injunction on the ground of infringement of trade mark also. The following are the reliefs claimed in the amended plaint: '(AA)An order for permanent injunction restraining the defendants, their officers, servants and agents from manufacturing, selling, offering f...


Nov 01 1996

Yashodara Srinivasan Vs. Director General

Court: Delhi

Decided on: Nov-01-1996

Reported in: 65(1997)DLT853; 1997(40)DRJ212

K.S. Gupta, J.(1) SMT.YASHODARA Srinivasan, petitioner, has filed this writ petition under Article 226 of the Constitution, inter alia, on the allegations that after undergoing a successful audition in the All India Radio in 1977 she was placed in B Grade in Karnataka Music. Thereafter in 1982 she was placed in the next higher Grade B High and was given opportunity to stage performance in the All India Radio Broadcasting through various stations such as Hyderabad,Trivandrum, Coimbatore and Delhi etc. Grade higher to 'B High' is 'A' followed by 'Top Artist'. Under Rule 12 of the Rules for the Music Audition Board (for short 'MAB') (annexure C), all 'B' and 'B High' artists can be upgraded only if they appear for a fresh audition and are considered fit for the higher grade. It is alleged that the petitioner, confidant of her improved ability, participated of her own volition in an audition test for upgradiation from 'B High' to grade 'A' in 1989 and vide communication dated January 1, 19...


Nov 01 1996

B.D. Industries Ltd. Vs. Board for Industrial and Financial Reconstruc ...

Court: Delhi

Decided on: Nov-01-1996

Reported in: [1999]98CompCas315(Delhi); 1997(40)DRJ421

Manmohan Sarin, J. (1) The petitioner, aggrieved by the order dated 21.3.1996 passed by the Appellate Authority for Industrial and Financial Reconstruction (in short 'AAIFR') has filed the present petition under Article 226 of the Constitution of India. (2) By the order dated 21.3.1996 (hereinafter referred to as the 'impugned order') the AAIFR confirmed the order dated 17.10.1994 passed by the Board for Industrial and Financial Reconstruction (in short 'BIFR'). The BIFR vide the order dated 17.10.1994 had confirmed its prima facie opinion expressed earlier, vide its order dated 1.8.1994, regarding the winding up of the petitioner company. The BIFR reached the conclusion that in the absence of requisite reliefs and concessions from the State Government, the petitioner company would not be viable for rehabilitation on a long term basis. (3) The AAIFR passed the impugned order dated 21.3.1996, after the State Bank of India, which was the operating agency, confirmed that M/s.Gaysons Indus...


Nov 01 1996

Sahdeo Singh Solanki Vs. Government of Nct of Delhi

Court: Delhi

Decided on: Nov-01-1996

Reported in: 65(1997)DLT390; 1996(39)DRJ651

K.S. Gupta, J. (1) This writ petition under articles 226 of the Constitution has been filed by Dr. Sahdeo Singh Solanki on the allegations that he was selected and appointed as Principal of Jindal Public School, respondent No.2, which is a private recognized and affiliated secondary school, vide letter dated 4.8.93 in the pay scale of Rs. 3000-4500 and he joined the school in that capacity on 4.8.93 itself. He was placed on probation for a period of one year. As his appointment was subject to the approval of Director of Education, vide letter dated 13.10.93 the requisite approval was sought and the same was granted by respondent No.1. It is further alleged that the petitioner was issued a letter dated 2.8.94 whereby he was informed that he has been confirmed w.e.f. 4.8.94 on completion of one year probation period but unfortunately copy of that letter is not available with him. Respondent No.2 filed annual return for the year 1993-94 Along with a copy of the staff statement as on 20.9....


Nov 01 1996

Parmod Kumar Bhatia Vs. Power Finance Corporation Ltd.

Court: Delhi

Decided on: Nov-01-1996

Reported in: 1997IAD(Delhi)524; 65(1997)DLT91; 1996(39)DRJ646

K.S. Gupta, J.(1) This petition under Article 226 of the Constitution has been filed by Pramod Kumar Bhatia on the allegations that Power Finance Corporation Limited, respondent No.1, vide personal circular No.20/94 dated September 15, 1993 (annexure Al) circulated Service Rules (annexure A2) and Rule 25.3 thereof reads as under: 'VOLUNTARY Retirement of Employees: 25.3.1 An employee, who has completed 18 years of continuous service or completed 40 years of age may seek voluntary retirement by a written request. 25.3.2 The management will have the right not to grant voluntary retirement for reasons to be recorded in writing. 25.3.3 The terminal payments available to an employee who seeks voluntary retirement would be: (i) the balance in the provident fund account payable as per PFC/EPF Rules; (ii) cash equivalent of accumulated earned leave and half pay leave as per Rules of the Company; (iii) gratuity as per scheme applicable to the employees under the PFC/EGF Rules for one month's/th...


Nov 01 1996

Ajaib Singh Vs. Union of India

Court: Delhi

Decided on: Nov-01-1996

Reported in: 1997(40)DRJ710

Devinder Gupta, J.(1) The Petitioner has sought the quashing of the impound order, annexure P-6 dated 9.7.1994, dismissing him from service.(2) Petitioner was enrolled in Border Security Force as Constable on 5.9.1989. After completing the basic training, on 18.6.1990 he was posted at 209 Bn., Border Security Force. He went on casual leave with effect from 29.10.1993 to 18.11.1993 and overstayed leave. It is respondents case that despite notices the petitioner failed to re-join his duty. Though a telegram was sent by him that he was seriously ill, neither any medical documents were submitted, nor petitioner reported to the unit. The following show cause notice was served upon the petitioner on 15.4.1994: 'WHERE AS you have been overstaying without leave w.e.f. 24th Nov. 1993 I am of the opinion that because of this overstay without leave of such a long period, your further retention in service is undesirable. I, thereforee, tentatively propose to terminate your service by way of dismis...


Nov 01 1996

Bhagwan Dass Vs. Chairman-cum-managing Director, Indian Airlines

Court: Delhi

Decided on: Nov-01-1996

Reported in: 1997(40)DRJ7

Devinder Gupta, J. (1) Petitioner has sought direction against the respondents commanding them to appoint him to the post of Assistant Civil Engineer in the pay scale of Rs.2285-3396 against the vacancy reserved for Scheduled Caste candidate with retrospective effect, namely, the date on which the select panel was approved by the Chairman-cum-Managing Director, Indian Airlines. (2) It is alleged that on 25.7.1981 an advertisement was issued by the Personnel Department of Indian Airlines inviting applications from serving employees for various posts, including one post of Assistant Civil Engineer in pay scale of Rs.2285-3395, which vacancy was reserved for Scheduled Caste candidate. Petitioner duly applied and through letter dated 11.2.1992 was called for written test, which was scheduled to be held on 23.2.1992. Having successfully qualified the written test, through letter dated 5.6.1992 he was called for interview scheduled to be held on 30.6.1992. As a result of the written test and...


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