Delhi Court November 1996 Judgments
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Alarippu Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Delhi
Decided on: Nov-18-1996
Reported in: (1997)60ITD478(Delhi)
1. The assessee is in appeal against the order of learned CIT (Appeals) for the assessment year 1988-89. In the various grounds of appeal the assessee is aggrieved against the finding of the CIT (Appeals) whereby it has been held that there was infringement of the provisions of section 13(1)(d) read with section 11(5) of the Act on account of a loan of Rs. 50,000 given to Mahila Hatt and that the income applied was to the extent of Rs. 5,69,186 as against Rs. 7,94,200 as claimed by the assessee. In addition, the interest charged under section 139(8) and under section 217 of Act have also been contested.2. Shri K.V.S.R. Krishna, who appeared on behalf of the assessee stated that the assessee is a society registered under section 12A(a) of the IT Act. Since inception, society has been assessed under section 143(1) of the Act at nil income. The society is a voluntary group which in association with other voluntary organisations stages plays to educate people on various social problems. D...
Maha Singh Vs. Union of India
Court: Delhi
Decided on: Nov-18-1996
Reported in: 1997RLR179
Mahender Narain, J.(1) One Maha Singh was owner of land in village Khirki, near Malviya Nagar (21 bighas and 18 biswas). All this land was acquired by notification u/s 4 of the Land Acquisition Act, dated 13.11.1959. Award with respect thereto was given on 3.10.1962, being Award No. 1395.|(2) For reasons of its own, the Delhi Govt. declared a policy for allotment of alternative plots to those persons whose land had been acquired. The petitioner Maha Singh applied for alternative plot of 250 square yards in 1979. Delhi Govt. recommended to Dda that Maha Singh be allotted a plot measuring 250 square yards. Dda confirmed by its communication on 15.6.1982 regarding allotment of 250 square yards of plot. (3) The Delhi Adm. however, vide letter dated 9.8.1982 asked the petitioner to show cause why the allotment recommended in his favor be not cancelled for the reason that he had applied for an alternative plot 17 years after the scheme for alternative plot has been floated. (4) The petitione...
R.K. Goel Abhey Kumar JaIn Vs. Union of India
Court: Delhi
Decided on: Nov-18-1996
Reported in: 1997IAD(Delhi)120; 1996(39)DRJ641
M.K. Sharma, J.(1) This order shall dispose of I.A.No.' 2120/1994 filed on behalf of respondent under Order 9 Rule 9 of the Code of Civil Procedure for setting aside the judgment and decree dated 17.1.1994 passed by this court and also the applications filed by the respondent under Section 5 of the Limitation Act (being 1.A.2121/1994 & 885/1995) seeking for condensation of delay in filing the application under Order 9 Rule 9 Civil Procedure Code as also I.A.No. 2122/1994 filed on behalf of the respondent seeking for stay of the aforesaid ex parte judgment and decree dated 17.1.1994. (2) Disputes and differences having arisen between the parties regarding construction of Central School building at Janakpuri (SH) including water supply and sanitary installations the same were referred to the sole arbitration of Shri J.P.Singhal, Ministry of Urban Development, New Delhi, who was appointed as the Sole Arbitrator by the Chief Engineer (NZ), Cpwd, New Delhi. The arbitrator published his awar...
Gurukrupa Trading Co. Ltd. Vs. Collr. of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Nov-15-1996
Reported in: (1997)(91)ELT463TriDel
1. This is an appeal filed by M/s. Gurukrupa Trading Co. (hereinafter referred to as 'M/s. Guru'), being aggrieved with the Order-in-Original dated 24-10-1987 passed by the Collector of Central Excise, Vadodara.2. The matter relates to the classification and valuation of the goods -Domestic Electric Grinding Mills (Grinders), sold under the brand name "Nav-jivan" during the period 1-4-1983 to 31-3-1984. The goods had been removed without payment to Central Excise duty. On surprise visit by the Central Excise Officers to the premises of M/s. Guru on 2-8-1984, it was found that they were producing the Domestic Electrical Appliances (Grinders), classifiable under Tariff Item 33C of the erstwhile Central Excise Tariff. They were producing these goods from 1-1-1983 but had not obtained any Central Excise Licence. They had also not filed any declaration as required under Rule 174A of the Central Excise Rules, 1944 (hereinafter referred to as the 'Rules'). They had not maintained any statuto...
Rajender Kumar Sharma and Another Vs. the Registrar, Co-operative Soci ...
Court: Delhi
Decided on: Nov-15-1996
Reported in: AIR1997Delhi189
ORDER1. The petitioners through the present petition have sought a declaration that the decision of the Registrar, respondent No. 1, conveyed vide letter dated June 18, 1985 to Harsh Vihar Co-operative House Building Society, respondent No. 3 is final and conclusive and binding on all, and the petitioners are the duly enrolled members of the respondent No. 3. They further want a declaration that Shri V. K. Mittal, respondent No. 4 (hereinafter referred to as respondent No. 4 for the sake of convenience) is not a member of the respondent No. 3-Society and all actions taken by the respondents on the assumption that respondent No. 4 is a member of the respondent No. 3-Society are null and void.2. The present petition was dismissed as withdrawn qua the petitioner No. 1, Shri R. K. Sharma, vide order dated May 11, 1954 passed by this Court. 3. The case of the petitioner No. 2 as set up in the petition is as under: that respondent No. 3 developed a colony known as Harsh Vihar. It consisted o...
Government of National Capital Territory of Delhi Vs. Uttam Singh Dugg ...
Court: Delhi
Decided on: Nov-15-1996
Reported in: 1997IAD(Delhi)389; 1997(1)ARBLR227(Delhi); 1997(40)DRJ52
R.C. Lahoti, J.(1) This is an appeal directed against an order passed by a learned Single Judge of this Court disposing of an application under Sections 8(1)(b) and 20 of the Arbitration Act, 1940, and directing appointment of a retired learned Judge of this Court to act as an arbitrator and to adjudicate upon the disputes between the parties.(2) The arbitration clause between the parties reads as under :- 'EXCEPT where otherwise provided in the contract all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions hereinbefore mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right matter or thing whatsoever, in any way arising out of or relating to the contract, designs, drawings, specifications, estimates, instructions orders or these conditions or otherwise concerning the works or the execution or failure to execute the same whether arising during the progress of the work o...
Indian Overseas Bank Vs. K.K. Sharma
Court: Delhi
Decided on: Nov-15-1996
Reported in: I(1996)BC194; 2003(39)DRJ644
M.K. Sharma, J. (1) This is a suit instituted by the plaintiff against the defendants for recovery of Rs.8,54,120.35p with pendente lite and future interest till recovery. (2) The defendant No.1 was an account holder with the plaintiff Bank. The plaintiff granted a Cash Credit facility of Rs.50,000.00 to the defendant and in consideration of the same,' a demand promissory note dated 28.10.1988 and a letter of hypothecation dated 28.10.1988 hypothecating the umbrella stitching machines, over lock machines, garments etc., lying at the premises of the defendant No.1 and letter of hypothecation dated 28.10.1988 hypothecating the aforesaid machineries in favor of the plaintiff were executed. Besides, the defendant No. 2 also executed a letter of continuing guarantee dated 28.10.1988 assuring and guaranteeing repayment of the amount due from the defendant No. 1 together with interest and charges thereon. The defendant No. 1, however, after obtaining the aforesaid facilities became highly irr...
Jaswant Kaur Vs. Lt. Governor
Court: Delhi
Decided on: Nov-15-1996
Reported in: 1997IAD(Delhi)391; 65(1997)DLT512; 1997(40)DRJ703
R.C. Lahoti, J.(1) By this petition filed on 1st April, 1991, the petitioner seeks quashing of the impugned communication dated 3.12.90 issued by the respondent No.2, Joint Secretary, L&B; Delhi Administration and a direction to the respondents to allot to the petitioner an alternative plot under Large Scale Acquisition Development and Disposal of Lands in Delhi Scheme, 1961. (2) Vide notification dated 24.10.61 under Section 4 of the Land Acquisition Act, 1894 large scale of land was proposed to be acquired for the public purpose of the planned development of Delhi. One of the persons whose land was acquired was one Pat Ram Gujar. On 21.1.63, the said Pat Ram transferred 450sq.yds of plot out of 700 sq.yds. to 3 persons namely Kulwant Kaur, Jaswant Kaur (the petitioner) and Gyan Kaur. The petitioner is claiming an alternative plot of land under the scheme of the respondents. On 3.12.90 vide Annexure P-8, the respondent No.2 has informed the petitioner with reference to her application...
Promilla Sharma Vs. Delhi Development Authority
Court: Delhi
Decided on: Nov-15-1996
Reported in: 1997IAD(Delhi)301; 64(1996)DLT805; 1997(40)DRJ247
R.C. Lahoti, J.(1) This petition has been filed on 10th March, 1993 by the petitioner seeking a writ of mandamus commanding the respondents to issue a letter of allotment and give possession to the petitioner of a category-III flat in Block-C Pocket-4, Vasant Kunj, New Delhi. The petitioner also seeks an order restraining the respondents from cancelling the flat allotted to the petitioner under the 5th Self Financing Scheme vide their demand-cum-allotment letter dated 15.1.88. (2) The petitioner got herself registered with the respondent-DDA under its 5th Self Financing Scheme for allotment of a flat by depositing an amount of Rs.15,000.00 on 21.5.82. The petitioner was declared successful for allocation of a flat vide demand-cum- allotment letter dated 15.1.88 (Annexure-1). The flat allocated to the petitioner is situated in Vasant Kunj Block-C, Pocket-4, First Floor and is of category-III. The letter mentions an amount of Rs.10,000.00 only as available with the Dda by way of registra...
C.P. Rai Vs. Krishan Lai Sharma
Court: Delhi
Decided on: Nov-15-1996
Reported in: 1996(39)DRJ657
M.K. Sharma, J.(1) In this election petition presented under Section 81 of the Representation of the People Act, 1951, hereinafter referred to as the 'Act', the petitioner has challenged the election of the respondent to the House of the People from the Outer Delhi Lok Sabha Constituency. The petitioner seeks to challenge the election of the respondent on the ground of improper reception of the nomination paper of the respondent and commission of corrupt practice by him. (2) It is stated in the election petition that the respondent was declared elected to the House of the People by the Returning Officer on 11.5.1996. The petition was presented by the petitioner in the Registry on 2.7.1996 at 2.15 p.m. On such presentation of an election petition, the Registry made a note indicating that the election petition is not within time. The election petition admittedly was accompanied by an application filed by the petitioner under Section 5 of the Limitation Act. The Registry indicated in the ...
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