Delhi Court February 2001 Judgments
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Mr. Raja Ram and Another Vs. Union of India and Others
Court: Delhi
Decided on: Feb-15-2001
Reported in: 2001IIIAD(Delhi)18; 90(2001)DLT420
ORDERKhan, J. 1. Appellants land measuring 500 square yards was acquired in Village Shakurpur pursuant to Section 4 Notification dated 24.10.1961. Reference Court awarded them compensation at the rate of Rs.14,000/- per bigha by relying upon a sale deed ext. -A2 dated 9.11.1959. This made a difference of only Rs.2,375/- to each claimant as against the award of the Collector.2. All the same respondent filed an appeal against this (RFA No.225/70) which was disposed off by First Appellate Court in terms of Bhagmal's case which in turn was disposed off in terms of Ram Mehr's case (RFA No. 409/71) awarding general compensation of Rs.8,000/- per bigha of land in Shakurpur village, and having the consequence the reducing the compensation in the present case to few thousands of rupees.3. Appellants feel aggrieved of this and have filed this appeal. We have already decided a connected appeal (LPA No.256/79) quashing the same judgment of the First Appellate court and for the reasons given therei...
Sanjeev Kumar Gupta Vs. Commissioner of Customs
Court: Delhi
Decided on: Feb-15-2001
Reported in: 2001IIIAD(Delhi)275; 2001CriLJ1963; 90(2001)DLT643; 2001(58)DRJ15; 2001(75)ECC36; 2002(143)ELT268(Del)
ORDERS.K. Agarwal J.1. In this petition under section 438 of Code of Criminal Procedure, 1973 (for short Cr.P.C.) the petitioner is seeking pre-arrest bail, in the case under section 135 of the Customs Act, 1962 (for short the Act), inter alia, pleading that he is innocent, no offence against him is made out and that he apprehends unnecessary harrasment. Respondent has opposed the same on the ground that offences committed are serious and grave which require petitioner's custodial interrogation for proper investigations.2. It is pleaded that the petitioner is doing business of export of garments under the name and style of M/s SRFM Exports (India), M/s Suneja International (India) and M/s Jai Shree Exports (India); that total remittances earned by him in the last two years are more than rupees four crores and remittances of about US $ 1,50,000 are still awaited; that he had been getting duty draw back in accordance with law. He has nothing to do with any fictitious firm and that no off...
Shri Sukhbir Singh Vs. Shri Jagdish Prasad
Court: Delhi
Decided on: Feb-15-2001
Reported in: 2001IIIAD(Delhi)665
ORDERSharda Aggarwal, J.1. This order shall dispose of two applications moved by the plaintiff i.e. IA.No.9137/98 (under Order 39 Rules 1 & 2 CPC) and IA.No.2747/2000 (under Section 151 CPC).2. A brief resume of the facts is necessary. The plaintiff and the defendant are real brothers. The plaintiff had filed the present suit for declaration, possession, rendition of accounts and perpetual injunction against his real brother with regard to property bearing municipal No.WZ-1228A and 1230, Nangal Rai, New Delhi, which was owned by their father Shri Bhagwan Singh. Shri Bhagwan Singh died on 1st June, 1981. The plaintiff has set up a 'Will' dated 8th November, 1977 of his father Shri Bhagwan Singh bequeathing his moveable and immoveable properties to his two sons i.e. the plaintiff and the defendant. Further reliance has been placed on a family settlement dated 5th October, 1986 by which the plaintiff and defendant divided the property in question by metes and bounds. The share of the plai...
Mr. Inderraj and Others Vs. Union of India and Others
Court: Delhi
Decided on: Feb-15-2001
Reported in: 2001IVAD(Delhi)111; 91(2001)DLT207
ORDERKhan, (J)1. Appellants land measuring 10 bighas and odd was acquired in Village Shakarpur pursuant to Section 4 Notification dated 24.10.61. Collector categorised the land of this Village in different categories and placed the appellant's land in category 'B' and awarded a compensation of Rs. 3,500/- per bigha to them. Appellants sought reference and ADJ enhanced the compensation to Rs.12,000/- per bigha by relying upon a judgment of other ADJ in Ram Mehr v. U.O.I. (LAC No. 267/68) decided on 18.12.1970 dealing with Section 4 Notification dated 9.3.1960 and fixing the compensation of the land in this village at Rs. 8,000/- per bigha. While doing so Learned ADJ found that the land in the present case was more advantageously situated than in Ram Mehr's case and that there was a time gap of two years between that acquisition and the present subsequent one.2. This award was challenged by respondent in RFA No.144/76 which was disposed by First Appellate court in terms of another connec...
Smt. Ch. Nivedita Reddy Vs. Escort Finance Limited and anr.
Court: Delhi
Decided on: Feb-15-2001
Reported in: 2001IIIAD(Delhi)688; 91(2001)DLT166; 2001(58)DRJ321; 2001(2)RAJ457
ORDERJ.D. Kapoor, J.1. Admittedly the agreement of Joan did not contain an arbitration clause. Rather there was a clause in the agreement that the Court at New Delhi will have exclusive jurisdiction in all matters arising out of this agreement.2. The petitioner had raised a loan amounting to Rs.5,85,000/- for financing a Cielo GLF Car which was repayable in 36 equated monthly Installments or Rs.22,466/- each. The monthly Installments paid by the petitioner amounted to Rs.2,92,058/-. On 6th February, 1998 the petitioner addressed a letter to the respondent call(SIC) upon the respondent No.1 to foreclose the contract from (SIC) years to 2 years which was ending by March, 1999 to March 1998 and expressed the willingness to settle the account Instead of settling the accounts the respondent No.1 through their recovery people seized the vehicle on 20th February, 1998 and disposed off the vehicle for an amount of Rs.2,35,000/-. Vide notice dated 10th June, 1999 the respondent called upon the ...
Mr. Pramod Mishra Vs. Mr. Pradip and Other
Court: Delhi
Decided on: Feb-15-2001
Reported in: 2001IVAD(Delhi)141; 91(2001)DLT218
ORDERKhan, (J) 1. Appellant was working as, a Branch Manager in Tata Steel Company drawing a salary of Rs.2,700/- per month plus allowances. He was riding his motor cycle, when a bus No.DLP-6928 knocked him down on 1.12.1978. He is said to have suffered multiple fractures and his left leg was also amputated later. 2. Appellant filed claim Suit No.314/79 claiming compensation of Rs.8.85 lakhs on the plea that he was operated upon 23 times in India and abroad and remained hospitalised for 10 months or so. MACT on appreciation of evidence on record awarded him a compensation of Rs.3,49,792/- by award dated 29.5.1986 but without any interest which was made payable by respondent Insurance Company despite its plea of limited liability of Rs.50,000/-. 3. Appellant felt dissatisfied and filed FAO No.214/86 for enhancement of the compensation. First Appellate Court admitted his appeal only on the point of interest and later dismissed it by order dated 3.4.1987 on noticing that his Company had p...
M/S Northern India General Insurance Co. Ltd. (Now Merged in the New I ...
Court: Delhi
Decided on: Feb-15-2001
Reported in: I(2002)ACC123; 2002ACJ123; 2001IVAD(Delhi)207; 91(2001)DLT210
ORDERKhan, (J)1. One Sardar Malkiat Singh, 28, working in a partnership firm was killed in a road accident on 20.11.1968. His LRs filed claim suit no.15/1970 and claimed compensation of Rs.2 lacs. But MACT worked out the dependency of the deceased at Rs.200/- and applied a multiplier of 32 to award compensation of Rs.37,400/- with 6% interest after making some deductions. Out of this, Insurer was only made liable to pay Rs.20,00/- as its liability was found limited to that extent. Claimants felt dissatisfied and filed FAO 178/1975 for enhancement of compensation and for declaration that liability of the Insurer was unlimited. First Appellate Court reassessed the income of the deceased at Rs.600/- per month and determined the dependency at Rs.400/- and left the multiplier of 32 intact and awarded compensation of Rs.1,53,600/- with 6% interest payable from March 1970 till payment.2. On the other issue i.e. Insurer's extent of liability, First Appellate Court found that Insurance company ...
Ms. Kanta and Others Vs. Shri Jaswant Singh and Others
Court: Delhi
Decided on: Feb-15-2001
Reported in: II(2001)ACC528; I(2002)ACC605; 2002ACJ605; 2001IVAD(Delhi)184; AIR2001Delhi372; 92(2001)DLT366
ORDERKhan, (J) 1. One Chander Bhan, 24, a private employee was killed in a road accident on 25.10.1979. His LRs filed claim suit no. 567/1979 and claimed compensation of Rs.2 lacs. But MACT worked out his dependency at Rs.500/- and applied a multiplier of 20 to it to award compensation of Rs.1.20 lacs by award dated 12.12.1988.2. Appellants felt dissatisfied and filed FAO 159/1989 for enhancement of compensation which was dismissed by First Appellate Court vide order dated 14.8.1989. They have now filed this LPA for higher compensation. L/C for appellant, Mr. Goyal, had nothing new to say to warrant any further enhancement. His limiting grievance was that both Tribunal and First Appellate Court had failed to award any interest on the compensation amount. We find that First Appellate Court had declined to award interest by attributing delay for disposal of claim suit to claimants without any worthwhile basis and taking a technical view of the matter. It is true that interest was not cla...
Smt. Angoori Devi and Others Vs. Shri Megh Raj and Others
Court: Delhi
Decided on: Feb-15-2001
Reported in: I(2001)ACC724; 2003ACJ293; 2001IVAD(Delhi)150; 91(2001)DLT70; 2001(59)DRJ41
ORDERKhan,(J)1. Two trucks-nos.DLG-9471 and HKG 8750- were involved in an accident on 16.6.1973. One Lekh Raj Singh, 30, a class IV employee in NCERT, boarding in truck no. HRG-8750 was killed in the process. appellants, (his LRs) filed claim suit no. 25/1979 claiming compensation of Rs.1.20 lacs. But MACT awarded only Rs.43,200/- compensation to them with 6% interest vide award dated 19.1.1980 after determining dependency of the deceased at Rs.250/- per month and applying a multiplier of 16 to it. The Tribunal also found to be a case of composite negligence and apportioned liability of respondents 1-3 jointly and severally at 75% and that of respondents 4 and 5 at 25%. No liability was fastened on respondent no.6,(the Insurer of truck no.HRG 8750.) for being untraceable perhaps.2. Respondent no.3 (Insurer) of other truck no.DLG 9471 took (TAO 234/1980) against this award on various grounds and appellants (claimants) also filed cross-objections in this. The Insurer's was dismissed by j...
Shri Krishan Kumar Avasthi and Others Vs. M.C.D
Court: Delhi
Decided on: Feb-15-2001
Reported in: 91(2001)DLT348; [2001(91)FLR89]
ORDERM.S.A. Siddiqui, J.1. By this writ petition under Article 226 of the Constitution of India, the petitioners seek directions to the respondent to amend the Recruitment Regulations for the post of Labour Welfare Superintendent by providing quota for departmental promotees or in the alternative to quash the said recruitment Regulations.2. In the year 1974, petitioner No.3, Shri Pawan Kumar Mehta and petitioner No.5, Shri Harbhajan Shastri, joined service as Labour Welfare Organisers in Municipal Corporation of Delhi and the remaining petitioners were appointed in 1973. Petitioner No.6 Shri Hardwari Lal joined the service in 1977. They were not considered for any kind of promotion for nearly two decades. The petitioners' main grievance is that they have suffered and stagnated for more than two decades in the same scale from inception due to non-availability of promotional avenues.3. During pendency of the case, the Recruitment Regulations for the post of Labour Welfare Superintendent,...
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