Delhi Court September 1999 Judgments

Pyare Lal Gupta and ors. Vs. State and anr.

Court: Delhi

Reported in: 1999VIAD(Delhi)194; 2000CriLJ1019; 82(1999)DLT320; II(1999)DMC673

M.S.A. Siddiqui, J.1. By this petition, under Section 482, Cr.P.C, the petitioners seek quashing of the criminal proceedings emanating from the FIR 226/90 registered under Sections 406/498-A/34, IPC at the Police Station Tirlok Puri and pending on the file of the Metropolitan Magistrate, Delhi.2. Briefly stated, the facts giving rise to this petition are that on 18.5.1990, respondent No. 2 filed a written complaint against the petitioners before the Crime Against (Women) Cell, which was forwarded to the Police Station Trilok Puri. Consequently, on 19.5.1990, FIR No. 226/90 registered under Sections 406/498-A/34, IPC against the petitioners at the Police Station Trilok Puri. Investigation pursuant to the said FIR culminated into submission of a charge-sheet under the aforesaid sections against the petitioners. On 7.9.1989 respondent No. 2 filed a divorce petition under Section 13(1)(b) of the Hindu Marriage Act against the petitioner No. 1. During the said matrimonial proceedings, respo...

M. Kurian Chief Functionary of the Comprehensive Rural Operations Serv ...

Court: Delhi

Reported in: 2000IAD(Delhi)837; 2000CriLJ2347; 83(2000)DLT343; 2000(52)DRJ346

ORDERM.S.A. Siddiqui, J.1. By two separate petitions under Section 482 Cr. P.C., the petitioner seeks quashing of the criminal proceedings arising out of the FIR R.C. 1/87-CIU(E) I and R.C. No. 10/87/SIU (VIII) and pending on the file of the Chief Metropolitan Magistrate, Tis Hazari, Delhi. I propose to dispose of both the petitions by this order. 2. M/s. Comprehensive Rural Operation Service Society (for short the 'Society') is an association registered under the Andhra Pradesh (Telangana Area) Public Societies Registration Act. Petitioner Mr. M. Kurian is the Executive Director of the Society. By the application dated 27.11.1984, the Society submitted an application in the prescribed form PC-8 for registra- corporation under Section 6 of the Foreign Contribution (Regulation) Act (for short 'the Act') to the Secretary Govt. of India, Ministry of Home Affairs New Delhi, for receiving foreign contribution. By the said application, the Society agreed to receive/accept foreign contributio...

Lt. Col. Sudhir Kumar Vs. Union of India (Uoi) and ors.

Court: Delhi

Reported in: 82(1999)DLT183

A.K. Sikri, J.1. The petitioner has filed this writ petition under Article 226 of the Constitution of India with the following prayer : (a) To quash the charge sheet dated 4.11.1997 being baseless, illegal and result of mala fide from respondent Nos. 4 & 5. (b) To quash the General Court Martial proceeding & sentence dated 13.12.1997 being violation of principle of natural justice & vitiated by mala fide and arbitrariness. (c) To reinstate the petitioner w.e.f. 13.12.1997 with consequential benefits with exemplary cost Rs. 2 lakhs for mental agony. (d) To quash the retrial order dated 18.9.1998 being illegal and contrary to principle of natural justice. (e) To direct the respondent No. 1 to initiate appropriate disciplinary proceeding against responsible officer to meet the end of justice. (f) To pass any other order which Hon'ble Court deems fit and proper.2. Charge-sheet dated 4th October, 1997 was served upon him pursuant to which General Court Martial (hereinafter referred to ...

P.R. Kumar Vs. Deputy Director of Enforcement

Court: Appellate Tribunal for foreign Exchange New Delhi

1. This appeal is directed against the adjudication order No. DD/MAS/10-12/97(SS) dated 31-3-1997 under which a penalty of Rs. 17,000 has been imposed on the appellant for contravention of section 9(1)(b) of the Foreign Exchange Regulation Act, 1973 ('the Act'). An amount of Rs. 1,70,000 seized from the appellant has also been ordered to be confiscated under section 63 of the Act. The appellant has deposited the entire amount of penalty of Rs. 17,000. This order disposes of the appeal on merit. 2. The adjudication proceedings in the present case were instituted by issue of SCN No. T-4/95/SZ/CITY of 1995, dated 26-7-1995 on the allegation that the appellant received an amount of Rs. 1,70,000 from a local person, other than the authorised dealer in foreign exchange, by order or on behalf of Ravi of Colombo, Sri Lanka, a person resident outside India. The allegations are sought to be substantiated by Mazahar dated 27-3-1995 of the search of the personal baggage of M. Taj Moulana, statemen...

Commr. of C. Ex. Vs. Punjab Chem. and Pharm. Ltd.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2000)(116)ELT461TriDel

1. This appeal has been filed by the Revenue against the Order-in-Appeal dated 13-10-1998 passed by the Commissioner (Appeals) allowing the Modvat credit on certain items.2. The facts giving rise to the present appeal may briefly be stated as under: 3. The respondents are engaged in the manufacture of Oxalic Acid, Oralates and Sodium Nitrate falling under sub-heading 2917.90 and 2834.00 of the schedule appended to the Central Excise Tariff Act, 1985. They availed Modvat credit on the goods namely, cables, pipes, PD pumps, spare for pumps, electric motors/spares, tanks, air compressor, parts of refrigerating equipments, parts of boilers, V. Belts and spare metering tubes and spares, by treating as capital goods, falling under Heading 57 of the schedule to the Central Excise Tariff Act. They also claimed Modvat credit on the strength of the original copy of the invoice. They were served with show cause notice regarding availment of credit to the extent of Rs. 2,20,306.82, as to why this...

Khoday Engineering Ltd. Vs. Collector of C. Ex.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in: (2000)(115)ELT775TriDel

1. This is an appeal filed by M/s. Khoday Engineering Ltd., against the impugned order dated 29-10-1991 passed by the Collector of Central Excise, Bangalore. Shri P. Keswani, ld. Advocate submits that the appellant is a job worker of Bangalore Water Supply and Sewerage Board (Board) in connection with the Cauvery Water Supply Scheme State III project manufactured cement coated steel pipes for the purpose of project at agreed rates. On the representation of the Board, the Govt.of India by order dated 22-2-1991 u/s 5(A)(2) of the CESA, 1944 exempted all excisable goods falling under Chapter 68 or 73, fabricated at the fabrication shops of the appellant and another concern which are required by and supplied to the Board in connection with the execution of the Cauvery Water Supply Scheme from the whole of the duty of excise leviable thereon. The order was indicated to be valid upto 31-3-1992.He submits that the period involved in this case is from 19-1-1990 to 7-8-1990. Further, he said t...

Shankar Lal Vs. Sh. Thambu Ram

Court: Delhi

Reported in: 1999VIAD(Delhi)102

ORDERVijender Jain, J.1. Learned counsel for the petitioner has assailed the order of the Rent Controller passed on 4.6.99 declining the leave to contest the eviction petition. He has further contended that inspire of the fact that the petitioner has filed a Site Plan showing that the accommodation available with the respondent was sufficient, that Site Plan was not taken into consideration for the purpose of granting leave to contest the eviction petition.2. Another contention of learned counsel for the petitioner is that the impugned order suffers from illegality as the Rent Controller has taken the requirement of an office for both the sons whereas under Section 14(1)(e) of the Delhi Rent Control Act it is the requirement of the owner/landlord for the purpose of residence for himself or for dependent members of his family which ought to have been taken into consideration by the Rent Controller. He also contended that the Supreme Court judgment in Dr. S.N. Mehra v. D.D. Malik arising...

Ram Babu Mathur Vs. Sh. Dinesh Goel

Court: Delhi

Reported in: 1999VIAD(Delhi)227; 82(1999)DLT322; 1999(51)DRJ436

ORDERVijender Jain, J.1. Aggrieved by the order of the dismissal of eviction petition under Section 14 of the Delhi Rent Control Act, the landlord-petitioner has filed this civil revision petition.2. It has been contended by Mr. Ishwar Sahai, learned counsel for the petitioner that the family of the petitioner consists of petitioner, his wife, two married sons, their wives and one unmarried daughter. It was the case of the petitioner that the petitioner had two married daughters who also visit the petitioner occasionally. Apart from that, the petitioner, at the time of filing of the eviction petition had three grand children. Now, the number of grand children has increased. They are now four. From the first son of the petitioner there are two sons aged 12 and 10 years. From the second son, there are two sons aged 11 years and 7 years. Accommodation available with the petitioner is four rooms on the first floor and two rooms on the ground floor. The Additional Rent Controller committed ...

Des Raj BhasIn (Dr.) (Deceased) Vs. Mr. M.G. Khanna

Court: Delhi

Reported in: 1999VIAD(Delhi)232; 82(1999)DLT74; 1999(51)DRJ641

ORDERVijender Jain, J.1. Aggrieved by the order passed by the Addl. Rent Controller dismissing the petition of the petitioner which was a petition under Section 14(e) of the Delhi Rent Control Act for eviction of the respondent in respect of the first floor servant quarter situated at Q-7, Hauz Khas Enclave, New Delhi, the petitioner had filed this petition under Article 227 of the Constitution. The original petitioner was a medical practitioner. The original landlord Dr. Des Raj Bhasin died during the pendency of this revision petition. 2. Mr. Lonial, learned counsel for the respondent has contended that deceased Dr. Des Raj Bhasin's widow and his son Dr. Vinay Bhasin have got sufficient accommodation and they do not require the servant quarter on the firs floor above the garage bona fidely. Mr. Lonial has contended that Dr. Vinay Bhasin has got two sons and one of them has gone to United States of America permanently, which statement is disputed by the counsel for the petitioner who ...

Kulwant Singh Vs. Smt. Lajjawati Devi

Court: Delhi

Reported in: 1999VIAD(Delhi)229; 82(1999)DLT324; 1999RLR592

ORDERVijender Jain, J.1. The landlady obtained a decree of eviction against one Takhat Singh under Section 14(1)(d) of the Delhi Rent Control Act. The said eviction order was passed on 21.12.1993. After the landlady applied for execution of the eviction order, warrant of possession was issued on 25.2.1994. On 30.3.1994 petitioner filed objections. It was contended by the objector (petitioner) in the objections that he was holding independent title of the tenancy premises No. 2277 A. The Addl. Rent Controller vide its order dated 4.1.1997 dismissed the objections as misconceived. Aggrieved by the said order, the petitioner preferred an appeal before the Rent Control Tribunal, which was also dismissed on 5.8.1997. 2. Aggrieved by the said order, the petitioner preferred this petition under Article 227 of the Constitution of India in this Court. Mr. Duggal has contended that without holding an inquiry when objection was filed by the petitioner, the dismissal of the objection was beyond th...