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Delhi Court November 1998 Judgments

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Nov 02 1998

Kamal Prashar Vs. National Airport Authority and ors.

Court: Delhi

Decided on: Nov-02-1998

Reported in: 1999(48)DRJ331

ORDERVijender Jain, J.1. Petitioner was appointed as Assistant Aerodrome Officer with Director General of Civil Aviation initially. He was subsequently promoted as Aerodrome Officer. National Airport Authority was set up when National Airport Authority Act, came into existence in 1985. Petitioner along with other persons working with Director General of Civil Aviation were transferred to the newly created National Airport Authority. It is the case of the petitioner that the petitioner sought repatriation from National Airport Authority to its parent department i.e. Directorate General of Civil Aviation on 4th June, 1986. On 4th February, 1987, respondent No. 2 i.e. Director General of Civil Aviation agreed to the request of the petitioner and wrote to the respondent No.1, National Airport Authority, inter alias stating that the petitioner was posted as Priority Officer with the Director General of Civil Aviation in lieu of Shri Harbans Lal, who had retired on 31st January, 1987. The le...


Nov 02 1998

Hardayal Vs. Raj Kumar and Others

Court: Delhi

Decided on: Nov-02-1998

Reported in: 1998VIIAD(Delhi)20; 76(1998)DLT647; 1998(47)DRJ821

ORDER1. The present appeal is directed against the judgments dated 6th October, 1988 and 16th November, 1988 spectively passed by Shri Rakesh Kapoor, Additional Rent Controller and Shri M.A.Khan, Rent Control Tribunal, Delhi.2. The brief facts of the case are that a petition under Section 14(1)(a) of the Delhi Rent Control Act (hereinafter referred to as 'the Act') was filed by the respondents alleging that the appellant was a tenant in the tenanted remises at a monthly rent of Rs.120/- vide rent agreement dated 1st October, 1982. It was further alleged that the appellant had neither paid nor tendered the arrears of rent w.e.f. 1st February, 1983 despite service of demand notice dated 28th January, 1984. The respondents,therefore, prayed that a decree of eviction be passed against the appellant in respect of the demised premises. The petition was contested on behalf of the appellant. In the written statement filed by him he denied the relationship of landlord and tenant between the par...


Nov 02 1998

Sahi Ram Vs. Avtar Singh and ors.

Court: Delhi

Decided on: Nov-02-1998

Reported in: AIR1999Delhi96; ILR1998Delhi945

Y. K. Sabharwal, J.1. The writ petitioner Avtar Singh was granted a lease in respect of a piece of land in the State of Haryana for extraction of Silica and, a major mineral, for a period of 10 years effective from 8th July 1981 to 7th July 1991. He entered into a lease agreement with State of Haryana under the provisions of Mineral Concession Rules 1960 (hereinafter referred as 'Rules'). The same area which was leased to Avtar Singh was also coextensively leased in favor of R. L. Sharma for extraction of ordinary sand, a 'minor mineral'. The minor mineral is to be extracted from the surface and the major mineral underneath the surface. The lease with Avtar Singh stipulated that the lessee of minor mineral will work the mine first and Avtar Singh shall start work after the lessee of minor mineral has finished his operations.2. Avtar Singh was issued a show cause notice dated 10th March 1983 requiring him to remedy the breaches mentioned in the show cause notice within 60 days from the ...


Nov 02 1998

Sanjay Lagwal Vs. Shri Ram Ditta Lagwal and ors.

Court: Delhi

Decided on: Nov-02-1998

Reported in: 76(1998)DLT691; (1999)121PLR26

Dr.M.K. Sharma, J.1. In the present suit instituted by the plaintiff praying for a decree for declaration, partition and other reliefs the defendant No. 1 has filed an application under Order 7, Rule 11 of the Code of Civil Procedure which is registered as I.A. No. 3423/1997. The defendant No. 1 has also filed another application under Section 8(1) of the Indian Arbitration and Conciliation Act, 1996 praying for referring all the claims of the plaintiff with respect to the partnership firm -- M/s. R.D. Lagwal & Sons, its assets and rendition of accounts to arbitration in terms of the arbitration agreement between the parties as contained in the Partnership Deed dated 20th November, 1984. By this common order I propose to dispose of the said two applications finally.2. I have heard the learned Counsel appearing for defendant No. 1 as also for the plaintiff on both the applications.I.A. No. 3423/1994:3. In this application under Order 7, Rule 11 of the Code of Civil Procedure the defenda...


Nov 01 1998

Kapil Khanna Vs. State and ors.

Court: Delhi

Decided on: Nov-01-1998

Reported in: 76(1998)DLT938

Dalveer Bhandari, J. 1. This is a petition under Section 276 of the Indian Succession Act, 1925 for die grant of Probate in respect of the Will of late Shri Gopal Chand Khanna.2. Late Shri Gopal Chand Khanna died at New Delhi on 20th February, 1991. The late Shri Gopal Chand Khanna executed his last Will and testimony on 18th March, 1970, which was duly registered with the office of Sub Registrar. Upon filing of the petition, the necessary citation was issued in the daily English newspaper Statesman and notices were issued to the relations/L.Rs. the State and also to the Collector. In pursuance to the notices, the Collector has filed the valuation report but no objection has been filed by any of the respondents. The petitioner has accepted the valuation report.The statement of D.M.Narang was recorded. He stated that the will was made in his presence and he had signed as a witness to the Will.3. P.W.2, O.P. Ahuja has deposed that late Gopal Chand Khanna was his childhood friend. He had ...


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