Delhi Court July 1998 Judgments
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Haryana State Lotteries, Iqbal Chand Khurana, M/S K and Co., M/S. Sunr ...
Court: Delhi
Decided on: Jul-17-1998
Reported in: 1998(46)DRJ397
ORDERR.C. Lahoti, J.1. Lottery is 'A chance for a prize for a price; a scheme for the distribution of a prize or prizes by lot or chance, the number and value of which is determined by the operator of lottery. Essential elements of a lottery are consideration, prize and chance and any scheme or device by which a person for a consideration is permitted to receive a prize or nothing as may be determined predominantly by chance', so defines the Black's Law Dictionary (6th Edn, p.947). It goes on to say- 'An unlawful gambling scheme in which (a) the players pay or agree to pay something of value for chances, represented and differentiated by numbers or by combinations of numbers or by some other media, one or more of which chances are to be designated the winning ones; and (b) the winning chances are to be determined by a drawing or by some other method based upon the element of chance; and (c) the holders of the winning chances are to receive something of value.' 2. Lottery is a game of c...
Asian Hotels Ltd., Bhikaji Cama Place Vs. D.D.A. Vikas Minar, I.P.Esta ...
Court: Delhi
Decided on: Jul-17-1998
Reported in: 1998IVAD(Delhi)708; 1998(46)DRJ310
ORDERK.Ramamoorthy, J.1. The plaintiff has filed the suit for recovery of sum of Rs.11,97,100/- with interest thereon. Before I refer to the pleadings, I feel it necessary to notice the facts culminating in the filing of the suit.2. The Delhi Development Authority had put up the plot of land measuring 20,000 square metres in Bhikaji Cama Place, District Centre, Rama Krishna Puram, New Delhi for auction. The booklet issued by the DDA, mentioning the terms and conditions of the auction, is marked as Ex.D-1. The terms and conditions of the auction in the form of booklet is also filed by the plaintiff and is marked as Ex.P-13. The auction was held on the 9th of September, 1980. Shri C.L.Jhunjhnuwala participated in the auction on behalf of the plaintiff company which was under process of incorporation. On behalf of the plaintiff, the highest bid was made by Mr.C.L.Jhunjhnuwala for Rs.4.36 crores. On the same date, on behalf of the proposed company, a sum of Rs.1.09 crores was paid towards ...
Maya Wati Vs. Central Bureau of Investigation Acu (V)
Court: Delhi
Decided on: Jul-17-1998
Reported in: 1998IVAD(Delhi)853; 3(1998)CLT230; 3(1998)DLT230
ORDERDevinder Gupta, J.1. On 30.3.1998 the petitioner approached this Court by this petition filed under Article 226 of the Constitution of India praying for the quashing of F.I.R.1(A) of 1998 registered on 18.3.1998 for offences under Sections 120-B/409/420/467/468/471 and 477A Indian Penal Code and Section 13(2) read with Section 13(1)(a) of the Prevention of Corruption Act, 1988. Copy of the F.I.R. sought to be quashed is Annexure-P.2. Another direction, which the petitioner sought was that she should not be arrested in connection with the registration of the aforementioned F.I.R. without the prior permission of this Court. Along with the petition, miscellaneous application (Cr.M.No.1869/98) was also filed under Section 482 read with Section 438 of the Criminal Procedure Code praying for stay of her arrest till final disposal of the petition. 2. Considering the averments made in the petition as also the accompanying application and noticing that prima facie the petitioner's involvem...
State Bank of India Vs. Aditya Finance and Leasing Co. Pvt. Ltd. and a ...
Court: Delhi
Decided on: Jul-17-1998
Reported in: AIR1999Delhi18; 75(1998)DLT42; 1998RLR472
ORDERK.S. Gupta, J. 1. This order will govern the disposal of I. As. 9370 & 12532/96.2. Suit was filed by State Bank of India, inter alia, alleging that it is a body, constituted underthe State Bank of India Act, 1955 and has one of its branches at Swasthya Vihar, Vikas Marg. Delhi. Defendant No. 1 is a company registered under the Company Act, 1956 and defendant No. 2 is the director thereof. Defendant No. I owns property constructed on plot bearing No. 9 in New Rajdhani Enclave, Vikas Marg. Delhi. Swasthya Vihar brunch of the plaintiff at present is operating from premises No. A-13. As the plaintiff bank was in need of bigger accommodation for smooth running of the said branch by the letter dated 12th April, 1993 the defendants offered on lease said property No. 9 having basement, ground and the first floors. It is further alleged that in a meeting held on 4th July, 1994 between the officers of the plaintiff bank and defendant No. 2 defendants agreed to provide area of 6,600 sq. ft. ...
Major R.S. Murgai (Decd.) (Through Legal Representatives) Vs. Ex-servi ...
Court: Delhi
Decided on: Jul-17-1998
Reported in: [2001]103CompCas177(Delhi); 1998(46)DRJ821
K.S. Gupta, J.1. Major R.S. Murgai (Retd.) filed this suit alleging that he was appointed as managing director-cum-chairman till the conclusion of the fifth annual general meeting of the defendant-company by a resolution of the board of directors dated February 6, 1978 (ought to have been 1974), read with Article 26 of the articles of association of the company at a salary of Rs. 2,500 p.m. plus other perquisites as noted in the resolution itself. The plaintiff continued to act as de jure managing director-cum-chairman of the defendant from February 6, 1974, to May 23, 1975, and drew salary, etc., for the period. On May 23, 1975, in C. P. No. 29 of 1975, the court appointed an administrator of the defendant-company and it was only on April 28, 1978, that the plaintiff administrator was removed in the said petition. The plaintiff is, thereforee, entitled to salary from June 1, 1975, till the date of the filing of the suit and that amount comes toRs. 90,000 besides interest thereon at 12...
Sham Lal Kapur Vs. State and ors.
Court: Delhi
Decided on: Jul-17-1998
Reported in: 74(1998)DLT356
K. Ramamoorthy, J. 1. Late Shri Faqir Chand Vadhera belonged to the State of Himachal Pradesh. He was doing business in Delhi. He owned immovable properties in Himachal Pradesh and also owned movable properties. He had leasehold interest in shop No. B-2, Connaught Place. He had three sons, namely, Tilak Kumar, Baldev Kumar and Jatinder Kumar. The youngest son, Jatinder Kumar died in USA in the year 1971. Mrs. Vadhera pre-deceased the husband. The other two sons are living in the United States of America. They had not taken interest in the welfare of the father for reasons best known to them. I do not want to go into that aspect because the vicissitude off life cannot be predicted. The petitioner, who also hails from the State of Himachal Pradesh, had been assisting Faqir Chand in business that was carried on by Faqir Chand.2. On the 30th of December, 1983, Faqir Chand died.3. The petitioner presented the petition for grant of probate in this Court on the 23rd of March, 1984 propounding...
Collector of C. Ex. Vs. Satya Guru Rubber Mills
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Jul-16-1998
Reported in: (1999)(105)ELT161TriDel
1. The respondents herein are engaged in the manufacture of transmission rubber belting falling under sub-heading 4010.90 of the Schedule to the CETA, 1985, during the manufacture of which rubberised cotton fabrics (friction cloth) comes into existence. According to the Department these are goods which are independently classifiable under GET sub-heading 5905.10 attracting duty at the appropriate rate.2. We find on a perusal of the written submissions of the respondents that on the same issue in the case of the same respondents, the Tribunal has remanded the matter vide its Final Order Nos. E/394 to 399/93-D, dated 16-11-1993. The Tribunal has directed that classification of the goods under CETA 1985 under Heading 59.05 should be redetermined by the jurisdictional Assistant Collector in the light of the observations made in the earlier paragraphs of the order as regards evidence whether the goods are capable of being marketed, testing the goods with reference to the provisions of Chap...
Engineers Combine Vs. Commissioner of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Jul-16-1998
Reported in: (1999)(107)ELT148TriDel
1. In the course of the hearing of stay applications filed under Section 35F of the Central Excise Act, 1944, both sides have adverted to all the aspects arising for consideration in the appeals. Both sides also suggested that the best way of dealing with the main controversy arising in the appeals is to remand the case to the jurisdictional Adjudicating Authority for re-determination of the correct amount of differential duty due in the present cases. Being satisfied that the course suggested is the appropriate course to be followed, we waive the requirement of pre-deposit and take up the appeals for consideration.2. The period in dispute is from April, 1992 to January, 1994. During this period, appellant was manufacturing Arm Assembly Rear Trailing (ART) and Rod Assembly Rear Control (RRC) and supplying the same to M/s. Maruti Udyog Limited (MUL). Appellant has been procuring raw materials or parts, as the case may be. MUL was supplying bushes free of cost for being fitted to above ...
Antony Faria Vs. Council for the Indian School Certificate Examination
Court: Delhi
Decided on: Jul-16-1998
Reported in: 1998VAD(Delhi)17; 74(1998)DLT619; 1998(46)DRJ273
ORDERK. Ramamoorthy, J.1. The writ petitioner has challenged the order of termination dated 31.5.1996 which was confirmed by the Appellate Authority on 11.12.1996. The first respondent held a domestic inquiry and on the basis of the findings rendered in the domestic inquiry, the services of the petitioner were terminated. The petitioner has raised questions of facts which are disputed by the first respondent. The proper remedy available to the petitioner is to raise an industrial dispute.2. In this view, I do not want to go into the consideration of the contentions of the parties on facts. Reserving the rights of the writ petitioner to raise an industrial dispute, the writ petition is dismissed. There shall be no order as to costs....
Union of India Vs. Telecom Regulatory
Court: Delhi
Decided on: Jul-16-1998
Reported in: 1998VAD(Delhi)209; 74(1998)DLT282; 1998(46)DRJ557
ORDERUsha Mehra, J. 1. Two vital questions have been raised in these appeals; one pertaining to the powers of the Government to grant or revoke license vis-a-vis the extent and ambit of the powers and functions of the Telecom Regulatory Authority of India (in short the TRAI) constituted under the Telecom Regulatory Authority of India Act, 1997 (hereinafter called the TRAI Act,1997) and secondly; Whether the Mahanagar Telephone Nigam Limited (in short the MTNL) is an existing service provider? 2. To appreciate the questions posed and to afford a satisfactory answer to the rival contentions, it would be convenient to set out broadly the scope, purpose, object and reason of the passing of the TRAI Act, 1997 as well as the relevant provisions of the Indian Telegraph Act, 1885. 3. Major activities in the establishment of telecommunication system began to develop in India, accordingly, Government of India introduced National Telecom Policy,1994 envisaging telecommunication for all and within...
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