Delhi Court November 1997 Judgments
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Bank of India Vs. Jogesh Kumar Sethi and Others
Court: Delhi
Decided on: Nov-01-1997
Reported in: 1998(44)DRJ412
ORDERVijender Jain, J.1. Defendant no.1 approached the plaintiff bank for grant of financial facilities. The request of defendant no.1 was considered and acceding to his request he was granted a Cash Credit (Hypothecation of Stocks) facility with a limit of s.1,40,000/- on 29.4.1986 with interest thereon at the rate of 6.5% OBR minimum 16.5% per annum with quarterly rests. The said limit at the request of defendant was enhanced by a sum of Rs.90,000/- on 10.12.1986 thereby bringing the total limit to Rs.2,30,000/-. Following documents were executed in favor of the plaintiff by defendant no.1 on 10.12.86 :- (a) Demand Promissory Note for a sum of Rs.2,30,000/-, (b) Continuing Security letter, (c) Letter of Lien and Set Off, (d) Authority letter to debit miscellaneous charges such as insurance, inspection charges etc., (e) Bearer letter and (f) An agreement of Hypothecation of tangible movable property. 2. These documents are Ex.PW 1/2 to PW 1/7. For the said facility, defendant nos...
Natasha Shukla Vs. Council for the Indian School Certificate Examinati ...
Court: Delhi
Decided on: Nov-01-1997
Reported in: 69(1997)DLT1016
Manmohan Sarin, J. (1) RULE. Sixteen years old Kumari Natasha, spent almost her entire childhood and adolescent years in England. Driven by desire to return to her motherland, she came to India and took admission in St. Joseph's Academy, Dehradun, 'for pursuing the Indian School Certificate Examination (ICSE), conducted by the Council for Indian School Certificate Examination, respondent No. 1 in the writ petition. The young girl finds herself in a predicament. She appeared in five subjects in the Board examination for 10th Class and secured 77% marks. But respondent No. 1 declined her request for issuing a pass certificate since she did not take 3nd language paper in Hindi. Resultantly, she is unable to take admission in Class Xi for continuing her 10+2 examination. (2) Petitioner Natasha has filed the present petition through her father seeking directions to the respondents for grant of a pass certificate as well as provisional admission to her in Class Xlth. (3) Natasha had admitted...
Brite Leasing and Finance Ltd. Vs. United Data Base India
Court: Delhi
Decided on: Nov-01-1997
Reported in: 70(1997)DLT759
M.K. Sharma, J.(1) This order shall dispose of the application filed by M/s. Zenith Computers Limited praying for grant of leave to the applicant to continue with its suit being Suit No. 1424/1993 instituted against the Company in liquidation pending before the Bombay High Court. (2) In the present case, it appears that a recovery suit being Suit No. 1203/1995 is pending in the Bombay High Court against the respondent Company which was instituted by M/s. Zenith Computers Limited and the applicant seeks leave to continue the said suit before the Bombay High Court where the same is at present pending, whereas the Official Liquidator desires and seeks for transfer of the said proceedings to this Court for further trial and disposal. (3) The question to be decided by me is whether the suit pending in the Bombay High Court is required to be transferred to this Court or leave should be granted to continue the suit in the Bombay High Court. I have considered the facts and circumstances of the...
Pasupati Acrylon Limited Vs. Assam Syntex Limited
Court: Delhi
Decided on: Nov-01-1997
Reported in: 69(1997)DLT706
Lokeshwar Prasad, J. (1) The plaintiff, named above, has filed the present suit for the recovery of Rs. 17,71,681.00 , averring that the plaintiff is engaged in the business of manufacture of Acrylic Fibre at its factory and the sale and purchase negotiations and all other transactions in respect of the said manufacturing business of the plaintiff are carried out from the plaintiff's office situated at M-14, Connaught Circus, New Delhi. It is stated that the defendant Company is the purchaser of the Acrylic Fibre, manufactured by the plaintiff Company. It is further stated that the defendant Company has placed orders upon the plaintiff Company for the supply of Acrylic Fibre to the defendant Company and accordingly the plaintiff Company has sold and delivered to the defendant Company various quantities and qualities of Acrylic Fibre as per the requirements and purchase orders placed by the defendant Company upon the plaintiff from time to time. It is averred that all such purchase orde...
Umed Singh Vs. Government of National Capital Territory of Delhi and o ...
Court: Delhi
Decided on: Nov-01-1997
Reported in: 69(1997)DLT957
Devinder Gupta, J.(1) The petitioner an estate right holder, in Village Bamnolli, New Delhi, has sought the quashing of notification issued by respondent No. 2 under the provisions of East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, as applicable to Delhi (hereinafter referred to as 'the Consolidation Act') and the consolidation of holding proceedings, which are in progress in Village Bamnolli; to restrain respondents I and 2 from continuing the proceedings and affecting the re-partition under Section 21 of the Act and to quash Rule 6 of the Delhi Holdings (Consolidation and Prevention of Fragmentation) Rules, 1959, as amended by the (Amendment) Rules, 1996 (hereinafter referred to as 'the Rules'). (2) On 8.9.1993 with the purpose of better cultivation and with the object to consolidate the holdings in various revenue estates of Delhi including those of Village Bamnolli, a notification was issued under Section 14(1) of the Consolidation Act by respondent ...
Municipal Corporation of Delhi Vs. Cycle Equipment (P) Ltd. and anr.
Court: Delhi
Decided on: Nov-01-1997
Reported in: 1997VIAD(Delhi)733; 69(1997)DLT603
C.M. Nayar, J. (1) This judgment will dispose of the objections filed under Sections 30 and 33 of the Arbitration Act, 1940 by the petitioner for setting aside the Award dated 29th May, 1984. The facts which are incorporated in the application are.referred to in paragraphs 1 to 5 which may be reproduced as follows : '1.That on the request of the respondent No. 1 load of 1707 Kv for power and 9.5 Kv for lighting, total 1716.5 Kv was sanctioned as per revised agreement dated 15th November, 1977. 2. That it was agreed between the parties that the Tariff Schedule Lip will be applicable. 3. That one of the gadgets described in the Test notice submitted by the respondent No. 1 was electric arc furnace which as per specifications given in the test notice was rated as 1400 Kw and as is the practice, the same was accepted as correct. 4. That on inspection by the Enforcement Department of Desu on 4th August, 1978 a load of 2080 Kwa of the arc furnace besides load of 194.17 Hp for other installat...
Aggarwal Associates (Promoters) Ltd. Vs. Delhi Development Authority a ...
Court: Delhi
Decided on: Nov-01-1997
Reported in: 1998IAD(Delhi)218; 69(1997)DLT716
K. Ramamoorthy, J. (1) The petitioner took part in the auction held by the Dda on 31.3.1994 and it was the successful bidder for the entire C.S.C. Nand Nagri Block- B, Delhi plot measuring about 1268.32 sq. mts. for Rs. 30 lakhs. As per the conditions of auction, he deposited Rs. 7.50 lakhs, being the 25% of the bid money. After having deposited the 25% of the money, the petitioner did not pay the balance. On 4.4.1994 the petitioner wrote to the Dda for the removal of the tubewell in the middle of the plot and re-road the drains running to the center of the plot. 'The Dda by letter dated 7.4.1994 called upon the petitioner to pay 75% of the bid amount being Rs. 22,50,050.00 (Rs. 50.00 was towards documentation charges). On 13.4.1994 the petitioner wrote to the Dda in the following terms : 'WE refer to your Bid Acceptance/ Demand Notice dated 7.4.94 regarding the plot auctioned by Dda at Csc, Pocket-B, Nand Nagri (G.T.B. Enclave). According to the directions given by Delhi Development A...
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