Delhi Court May 1996 Judgments
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Rashtriya Mukti Morcha Vs. Suraj Mandal
Court: Delhi
Decided on: May-24-1996
Reported in: 1996IIIAD(Delhi)481; 1996(38)DRJ250
Y.K. Sabharwal, J.(1) On 26th July 1993 motion of No confidence was moved against the Government headed by the Congress Party. Since the effective strength of the 10th Lok Sabha at that time was 528 Congress Party needed 265 votes to defeat the Motion of No Confidence but had 250 members in the House. When the votes on No Confidence Motion were cast on 28th July 1993, the motion was defeated by 265 votes against and 251 in favour. Briefly stated the case of the petitioner, as set out in the writ petition is: (2) The result of defeating Motion of No Confidence was achieved by Congress Party by in dulging in political horse trading and violation of Constitutional morality. The whisker majority of one (264 4- 1) in the 10th Lok Sabha was manipulated by Sh.P.V.Narsimha Rao, President of Congrcss(l) who was also the Prime Minister and for this purpose he was responsible to offer bribes and utilised the monies he had collected by offering inducemens. These bribes helped Sh.Rao to muster whis...
M.S. Associates Vs. Commissioner of Police
Court: Delhi
Decided on: May-24-1996
Reported in: 1996IIIAD(Delhi)5; 1997CriLJ377; 1996(38)DRJ13
Usha Mehra, J.(1) Petitioner M/s M.S.Associates has assailed the order dated 26th December, 1995, passed by the Commissioner of Police under Section 144 of the Code of Criminal Procedure In Short Cr.P.C.) thereby prohibiting lottery trade in Delhi w.e.f. 28th December,1995. This order was passed because it was apprehended that sale. of lottery tickets and the connecting activities are likely to cause disturbance of the public tranquility and public morale and breech of peace and danger to human life and property in the National Capital Territory of Delhi (in short Nct of Delhi). This order was to remain in force for a period of 60 days i.e,. up to 25th February,1996 unless withdrawn earlier. Subsequent thereto the Government of Nct of Delhi issued a Notification published in Part-IV of Delhi Gazette (Extra Ordinary) dated 28th February,1996 indicating therein that order of 26th Decmber,1995 made by Commissioner of Police, Delhi shall remain in force for a further period of six months c...
State Bank of Patiala Vs. Chandermohan
Court: Delhi
Decided on: May-24-1996
Reported in: 1996RLR404
M.J. Rao, C.J.(1) This is an appeal preferred by the State Bank of Patiala (deft.) against the Judgment of the learned Single Judge by which he directed the appellant to deposit rent at Rs. 1,02, 600.00 p.m. with effect from 1.11.1990. The respondents are the landlords. Admittedly, the building was under seal from 15.10.1990 by the New Delhi Municipal Committee ('NDMC'). Later the Ndmc desealed the premises in May, 1991 and when this appeal came up for hearing before us, the appellant Bank was having possession of the building, though the appellant Bank was not putting the building to any use and had hired another building at huge rent.(2) The suit was filed by the respondents in 1993 for eviction of the appellant (deft. 1), and for recovery of Rs. 24,62,400.00 towards arrears of rent from 1.11.1990 to 31.10.1992 and for damages and mesne profits. The lease in favor of the appellant is dated 1 .10.1983 in respect of the second and mezzanine floors of the building known as Regal Buildin...
V.K. Sehgal Vs. Union of India
Court: Delhi
Decided on: May-24-1996
Reported in: 1996IIIAD(Delhi)689; 1996(37)DRJ606; 1996LabIC2195
M.K. Sharma, J. (1) The present writ petition is directed against the alleged actions of the respondents in not calling for interview for the post of Chairman-cum-Managing Director in the subsidiary companies of Coal India Limited those persons who do not have 2 years of actual service remaining on the date of interview. The petitioner has challenged particularly the non-consideration of his case for appointment to one of the posts of Chairman-cum-Managing Director in the subsidiary companies in Coal India Limited on the ground that the petitioner did not have two years of actual service remaining on the date of the interview.(2) The petitioner was born on 14.8.1939 and accordingly his date of retirement is 31.8.1997. On 18.10.1993 the petitioner was working as a Director (Technical) in the Mahanadi Coalfields Limited which is one of the subsidiary companies of Coal India Limited. On 13.7.1995 a message was sent by the Chief General Manager (Personnel) to the petitioner asking for his ...
K. M. Sharma Vs. Income Tax Officer and ors.
Court: Delhi
Decided on: May-24-1996
Reported in: (1996)134CTR(Del)530
DR. M. K. SHARMA, J. :This writ petition is directed against the notices under ss. 148 and 142 of the IT Act issued to the petitioner relevant to the asst. yrs. 1968-69 to 1971-72, 1981-82 and 1982-83.2. Lands measuring about 4,200 bighas was acquired by the then Chief Commr. of Delhi by notification dt. 6th March, 1966 and 6th Sept., 1966, issued under s. 6 of the Land Acquisition Act. By judgment dt. 20th May, 1980, the then Addl. District Judge held the petitioner to be entitled 1/32nd share of the compensation awarded under the awards. As a consequence thereof the petitioner received a compensation of Rs. 1,33,810. On a reference application filed by the petitioner under s. 18 of the Land Acquisition Act the Addl. District Judge, Delhi, by his judgment dt. 31st July, 1991, passed his award. Consequently, the petitioner was paid a sum of Rs. 1,10,20,624 which amount represented towards principal amount at Rs. 41,96,496 and interest at Rs. 76,84,829 up to 18th May, 1992. According to...
Collr. of C. Ex. Vs. Sarchem Surfactants Pvt. Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: May-23-1996
Reported in: (1996)(87)ELT105TriDel
1. This Revenue Appeal is directed against Order-in-Appeal No.1240-C.E./DLH/91, dated 27-12-1991 of Collector (Appeals), Central Excise.1.2 Collector (Appeals) has set aside the Order-in-Original Nos. 180 to 183/91, dated 20-9-1991 of Assistant Collector disallowing Modvat credit on Sulphuric Acid emerging as Spent Sulphuric Acid.2. Arguing for the Revenue the ld. D.R. submits that the Respondents have taken Modvat credit on Sulphuric Acid which they used in manufacturing Slurry. During this manufacture Spent Sulphuric Acid is also obtained. Spent Sulphuric Acid is sold by the Respondents to the Customers. Upto 31-1-1989 they were paying excise duty on Spent Sulphuric Acid but with effect from 1-4-1994 they have stopped paying duty on Sulphuric Acid. This Spent Sulphuric Acid is neither a waste, nor refuse nor any by-product. It is in fact Sulphuric Acid which is used as input itself which is obtained as unspent acid in diluted form and this final product is used in the manufacture of...
Suresh Kumar Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: May-23-1996
Reported in: (1996)(87)ELT667TriDel
1. Appellant is absent in spite of notice of hearing. We have heard Mrs. Ruchira Pant, SDR and perused the papers.2. On 26-5-1988 appellant who was abroad and returned to India, imported 1983 model Datsun Bluebird Station Wagon (plain model) purchased from a diplomat who had purchased the new car. The appellant has not stated what value, if any, he had declared at the Custom House.The copy of the Bill of Entry produced before us would show that he did not write the value in the Bill of Entry and the only figure written there was the value arrived at by the Assistant Collector. The appellant did not produce manufacturer's invoice. The Assistant Collector took the manufacturer's price list price for Deluxe model, reduced the price by 15% since the imported car was a plain model, gave 46% depreciation for 4 years and 9 months, gave ad hoc depreciation for damages and arrived at the value of Rs. 53,847.00. He also separately assessed the value of air-conditioner and radio cassette. In app...
Hindalco Industries Ltd. Vs. Collr. of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: May-23-1996
Reported in: (1996)(88)ELT397TriDel
1. This appeal is directed against the Order No. 60/91, dated 13-11-1991 of Collector of Central Excise, Allahabad.2. Arguing for the appellant the ld. Advocate submits that alumina is extracted from the bauxite ore. Aluminium is, therefore, produced from alumina by electrolysis. Dissolution of alumina in the bauxite ore in caustic soda solution is an essential step in obtaining chlorine. The alumina is dissolved in caustic soda solution called pregnant liquor.In order to manufacture the aluminium on a commercial scale, the caustic soda solution used for dissolving alumina is constantly recycled. The spent liquor is pumped into the digester for dissolving the alumina in the bauxite ore. Preheating caustic soda solution in shell Heat Exchangers and Tube Heat Exchangers is necessary. Due to constant recycling and passage of time. Scales take place in the heat exchanger tubes. This offers resistance to flow of spent liquor. This affects the heat transfer to the spent liquor. This affects...
Bishnu Vs. State
Court: Delhi
Decided on: May-23-1996
Reported in: 1996CriLJ3572
1. Sh. Bishnu the appellant herein was convicted by the Court of Addl. Sessions Judge under Section 307, I.P.C. and under Section 27 of the Arms Act and sentenced to undergo RI for a period of four years and a fine of Rs. 1,000/-, in default three months S.I. and sentenced to undergo R.I. for one year under Section 27 of the Arms Act and a fine of Rs. 500/-, in default two months further R.I. He was, of course, given benefit under Section 428, Cr.P.C. Mr. P. R. Thakur, Advocate was appointed as amices Curiae for the appellant as the appellant is in jail and could not afford a lawyer. Mr. Thakur has assailed the impugned order, inter alia, on the following grounds :- Injured Ms. Pia did not step up in the witness box to corroborate her complaint. Trial Court has convicted the appellant simply on the basis of complainant's statement recorded under Sections 161 & 164, Cr. P.C. 2. No Test Identification Parade (TIP) was conducted to establish that it was the appellant who inflicted stabbed...
Smt. Sudesh Jhaku Vs. K.C.J. and Others
Court: Delhi
Decided on: May-23-1996
Reported in: 1998CriLJ2428; 62(1996)DLT563; 1996(38)DRJ22
ORDER1. Is 'rape' as defined in Section 375 of the Indian Penal Code confined only to penile penetration of vagina What about penetration of a bodily orifice (vagina, anus or mouth) by a penis or other part of the body, or by an object Would it fall within the meaning of the words 'sexual intercourse' and 'penetration' as used in the said provision These are some of the questions which have arisen in this petition. The other questions raised are also of no less importance. One such question revolves around the ambit and scope of Section 361 of Indian Penal Code. The second is about the precautions to be taken with regard to the recording of the statement of a child witness in a case of sexual abuse. The questions arise from a sordid story coming from the lips of a child at present aged about eight years. However, let me first introduce the main characters. The narration would follow. 2. K.C.J. is at the centre-stage. He is a married man with three daughters, the youngest being B, SJ is...
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