Delhi Court November 2001 Judgments
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N.K. JaIn Vs. Union of India (Uoi) and ors.
Court: Delhi
Decided on: Nov-09-2001
Reported in: [2002]254ITR388(Delhi)
S.K. Agarwal, J.1. By this petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Cr. P. C'), read with article 227 of the Constitution of India, the petitioner is seeking quashing of the order dated October 27, 1998, passed by the Court of the Additional Chief Metropolitan Magistrate, Delhi, dismissing his application for discharge and for quashing of the proceedings arising out of Criminal Complaint No. 11 of 1994 under Section 277 of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') read with sections 193 and 196 of the Indian Penal Code.2. The facts in brief are : that the Assistant Commissioner of Income-tax, filed a complaint under the above noted sections against the petitioner, alleging therein that on February 8, 1991, search and seizure operation under Section 132(1) of the Act was carried out at the premises of the petitioner and valuables comprising the following items were seized :Rs.(a) Bullion/Gold ornaments78,61,000(b) Cash42,19...
Reliance Industries Ltd. Vs. Maruti Syntex (India) Ltd.
Court: Delhi
Decided on: Nov-09-2001
Reported in: 2002IIAD(Delhi)719
A.K. Sikri, J. 1. The plaintiff has filed this suit for recovery of Rs.1,09,01,632/- with pendente lite and future interest. It is a case of the plaintiff that it is engaged in the business of manufacturing and marketing Polyester Partially Oriented Yarn (hereinafter referred to as the `POY'). The defendant company which is manufacturing concern, uses POY as raw material for its production activities. On the basis of orders placed by the defendant to the plaintiff for the purchase of various quantities of POY from time to time, the material was delivered to the defendant on credit basis and in lieu thereto sales hundis were drawn on the defendant and the defendant was liable to make payment to the plaintiff within 60 days from the date of S.No.1323/98: dispatch of the consignment. 2. It is further stated in the plaint that it was the practice of the defendant company to place purchase orders with the plaintiff company for various quantities of POY sought to be purchased. The plaintiff ...
P. Sharma Vs. P.S. Popli and anr.
Court: Delhi
Decided on: Nov-09-2001
Reported in: 94(2001)DLT913; 2002(61)DRJ78
S.K. Agarwal, J.1. This petition under Section 482 of the Code of Criminal Procedure (for short, 'Cr.P.C.') is directed against the order dated 24.5.95, passed by the court of Metropolitan Magistrate, Delhi, dismissing application of the petitioner for recalling the order of summoning for the offence punishable under Section 500 IPC, in the complaint filed by the respondent. 2. Facts in brief are that on 12.9.1986,respondent filed a complaint under Sections 420/366/338 IPC against petitioner and others, alleging therein, that his brother was to undergo a minor operation and for that purpose he was looking for some good Nursing Home with adequate facilities. He met the petitioner, who was director of Sharma's Nursing Home; the petitioner told the respondent that his Nursing Home had all modern facilities with air-conditioned rooms. On 7.8.1981 respondent admitted his brother in the said Nursing Home. The representations made by the petitioner, were found to be false, the room was not ai...
Mahavir Singh Vs. Union of India and ors.
Court: Delhi
Decided on: Nov-09-2001
Reported in: 96(2002)DLT23; 2002(62)DRJ875
Dalveer Bhandari, J. 1. The petitioner is aggrieved by the order passed by respondent No. 2, Director General of Border Security Force (for short 'BSF'), dismissing the statutory petition filed by the petitioner against his conviction and sentence passed by the Summary Security Force Court (for short 'SSFC') under the Boarder Security Force Act, 1968.2. Brief facts which are necessary to dispose of this petition are recapitulated as under.3. The petitioner was enrolled in the BSF as Constable/Radio Operator on 9.3.1989. Thereafter, he was promoted on 15.9.1990 as Naik/Operator.4. On 6.10.1995 at 1 p.m. he requested his immediate superior Sub Inspector (S.I.) Suresh Chand to forward his application to the higher authorities for sanction. He refused to do so. It is alleged that the petitioner was quite upset with the reply of S.I. Suresh Chand and he caught him by his neck and pushed him in the presence of other personnel. This of course is denied by the petitioner.5. Sub Inspector Sures...
Alka Arora Vs. Nisha Automobiles and ors.
Court: Delhi
Decided on: Nov-09-2001
Reported in: 96(2002)DLT1
V.S. Aggarwal, J. 1. Mrs. Alka Arora, hereinafter described as the plaintiff, has filed the present suit for possession of the property bearing No. S-9, Okhla Industrial Area, Phase-II, New Delhi and also for permanent injunction to restrain the defendants, their agents, or assigns from parting with possession of transferring, alienating or sub-letting the tenanted portion of the property in dispute referred to above. 2. The facts alleged are that plaintiff is the owner/landlord of the property. Defendants 2 and 3 are the partner of defendant No. 1. They had taken the suit premises on the pretext of running the motorcycle showroom and accessories in 1998 on basis of an agreement of 16th May, 1998. The monthly rent settled was Rs. 50,000/-. The defendants are alleged to have not paid the rent from March 1999. It is alleged that defendants had issued for different cheques dated 10.11.1998, 10.12.1998, 10.5.1999 and 20.4.2000. They were not encased as defendants were not having sufficient...
J.S. Construction Vs. Delhi Development Authority
Court: Delhi
Decided on: Nov-09-2001
Reported in: 95(2002)DLT390
V.S. Aggarwal, J. 1. Work of construction of houses in Trilok Puri had been assigned. The agreement between the parties contained a clause for arbitration to refer the disputes. When disputes had arisen Shri R.J. Bakhru had been appointed as the sole arbitrator. the arbitrator had published his award on 29th December, 1994 and filed it in court. Notices were issued to the parties. In pursuance thereto the Delhi Development Authority, hereinafter described as the objector, has filed the objections. The applicant/petitioner (J S Constructions) had contested the various grounds taken by the objector for setting aside of the award. By the present judgment the objections filed by the said objector/DDA are being disposed. 2. The main argument advanced was that the arbitrator has travelled beyond the agreement between the parties and once the arbitrator has so travelled beyond the agreement between the parties, it must be taken that he has misconducted himself.3. This proposition of law in fa...
The Punjabi Bagh Cooperative Housing Society Limited Vs. K.L. Kishwar ...
Court: Delhi
Decided on: Nov-09-2001
Reported in: 95(2002)DLT573; 2002(61)DRJ594
O.P. Dwivedi, J.1. This order shall govern the disposal of IA. No. 3298/95, under order 7 Rule 11 CPC, filed by the defendant No. 2 seeking rejection of the pliant under Order 7 Rule 11 (d) CPC on the ground that suit is not maintainable.2. Briefly stated, the facts leading to this application are that the plaintiffs above named filed this suit for Rs. 10 Lacs as damages for defamation. Plaintiff No. 1 is a society registered under the Cooperative Societies Act, plaintiff No. 2 is the President, plaintiff No. 3 is the Vice-President, plaintiff No. 4 is Honorary Secretary and the plaintiff No. 5 is the Treasurer of the plaintiff No. 1 society. The society was formed for settling the refugees who had migrated to India on partition of the country. The land was acquired in the name of the society, plots were carved out and allotted to the members of the society. The defendants were also members of the plaintiffs society. It is alleged that because of some acts of omissions and commissions ...
Victor Cable Industries Ltd. Vs. Delhi Vidut Board
Court: Delhi
Decided on: Nov-09-2001
Reported in: 95(2002)DLT210; 2002(63)DRJ682
O.P. Dwivedi, J.1. This order shall govern the disposal of EA. NO. 463/2000 filed by the judgment debtor/DVB for recall of order dated 10th October, 2000 whereby this Court had ordered issuance of warrant of attachment against the applicant.2. Briefly narrated the facts leading to this application are that judgment debtor/applicant/DVB, had placed two purchase orders one dated 30th January 1990 and the other dated 11/12th March 1992 on the decree holder for supply of cables. Some disputes arose between the parties in respect of first pay order dated 30th January, 1990 which were referred to the sole arbitrator Mr. O.P. Anand, the then Additional General Manager (T&D;) for adjudication. Mr. Anand made award dated 29th September, 1993 which was filed in the Court. The petition for making the Award a rule of the court was registered as a suit No. 35/94. The Award was made rule of the Court on 15th January, 1995 as there was no appearance from the other side. Accordingly, a decree was draw...
VipIn Kalra and anr. Vs. State
Court: Delhi
Decided on: Nov-09-2001
Reported in: 95(2002)DLT863; 2002(61)DRJ236
S.K. Agarwal, J.1. This revision petition under Section 397/401 of the Code of Criminal Procedure 1973 (for short, 'Cr.P. C.') is directed against the order dated 16th November, 1998, passed by the court of Metropolitan Megistrate, holding that, prima facie, offence under Sections 341/323/34 IPC is made out in the case FIR No. 23/97 P.S. Chitranjan Park against the petitioners and framing of the formal notice under Section 251 Cr.P.C. on 26th November, 1998.2. Facts in brief are: that on 10th January, 1997 at about 8:00 p.m. Sh. Himanshu Khurana lodged a report alleging that when he reached home, his father and brother-in-law (Jija) were going to the Police Station. He went upstairs and sat down in his room after closing the door. At about 11.15 p.m. his sister Kamini Pahuja from Pitampura informed him on phone that Smt. Krishna her sister-in-law (Bhabi) had abused her on phone in the manner which cannot be described; she was threatened that in case she and her husband Vinay Pahuja do ...
National thermal Power Corporation Limited Vs. Vijay Fire Protection S ...
Court: Delhi
Decided on: Nov-09-2001
Reported in: 2002(61)DRJ869
O.P. Dwivedi, J. 1. This order shall govern the disposal of IA.NO. 8470/2001 filed by the defendant under Section 85 of the Arbitration & Conciliation Act, 1996.2. Briefly narrated the facts leading to this application are that the petitioner National Thermal Power Corporation (NTPC), a Government of India undertaking, had issued bid documents specifications No. CC-32-133 vide letter dated 29th December, 1980 to the contractor M/s Vijay Fire Protection Systems Limited for providing fire protection system on the petitioner's plant at Ramagundam. The respondent No. 1 had submitted its proposal dated 19th February, 1981. The proposal was considered and ultimately the work was awarded to the respondent No. 1 and in this regard a telex dated 18th February, 1982 was sent to the respondent No. 1 which was followed by award letter dated 23rd March, 1982. The total value of the contract awarded to the contractor was Rs. 2,58,70,595/-. During the execution of the work the respondent No. 1 raised...
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