Delhi Court August 2001 Judgments

Rajeshwar Nath Bhargava and Others Vs. State and Others

Court: Delhi

Reported in: 94(2001)DLT82

ORDERK.S. Gupta, J. 1. In this petition filed under section 482 Cr.P.C. the petitioners seek quashment of FIR No. 190/90 and the criminal proceedings emanating there from pending before a Metropolitan Magistrate.2. Short submission advanced by Sh.A.K.Vali for petitioners was that criminal case is pending for more than 11 years; complainant/respondent No.3 has compromised the matter with petitioners and thereforee, no fruitful purpose would be served by keeping the case alive. In support of the submission, reliance was placed on a decision in Sh. Mahavir Prashad Gupta and another vs. State of National Capital Territory of Delhi and others, 2000(2) JCC (SC) 785. It is not in dispute that petitioners stand charged under section 120-B, section 419 read with section 120-B, section 420 read with section 120-B, section 468 read with section 120-B IPC on 30 the January 1997 and some of these offences are not compoundable under section 320 Cr.P.C. and are serious in nature. The question of comp...

Sh. Binoy Jacob Vs. the State

Court: Delhi

Reported in: 93(2001)DLT666; 2001(60)DRJ371

ORDERK.S. Gupta. J.1. This petition under section 482 Cr.P.C. seeks setting aside of the order dated 18th May 2001 passed by a Metropolitan Magistrate in Criminal Complaint No. 211 / 1, titled Binoy Jacob vs. P.G. Verghese and others.2. Short submission advanced by Ms. Asha Tiwari for petitioner was that after taking cognizance of complaint filed under section 420 read with section 120-B IPC by the petitioner it was not legally open to the Metropolitan Magistrate to have directed the investigation to be made under section 156(3) Cr.P.C. by the SHO. In support of submission, reliance was placed on the decision in Tula Ram and others vs . Kishore Singh, : 1978CriLJ8 . Copy of the order sheet of complaint case at Page 10, would reveal that on filling of complaint after taking cognizance the case was fixed for recording complainant's evidence on 23rd March 2000 by the order dated 25th November 1999. As lawyers were on strike on 23rd March 2000, notice was ordered to be issued to complainan...

Smt. Babli and anr. Vs. Govt. of Nct of Delhi and ors.

Court: Delhi

Reported in: 95(2002)DLT144; 2001(60)DRJ788

ORDERKhan, J 1. All the three petitions involving common questions of fact and law are disposed of by this common order.2. Petitioners are LRs of retired/dead employees who were allotted Government accommodation during their respective service tenure. They are also in Govt. service now and are holding on to the premises and asking for regularisation of allotment or a fresh allotment in their names or a fresh allotment of the premises in their names. But respondents have rejected their request and have ordered charging of market rent from them besides initiating eviction proceeding under Eviction of unauthorised Occupants Act, 1971. They challenged this in OAs which are dismissed by Tribunal for want of jurisdiction by placing reliance on Supreme Court Judgment in Union Vs . Rasila Ram and others : (2001)10SCC623 . They have now filed these petitions and want us to hold that Tribunal possessed the requisite jurisdiction to entertain their petitions under relevant provisions of Administr...

Jai Lal (Dead) Through L.Rs. Vs. Union of India

Court: Delhi

Reported in: 94(2001)DLT429; 2002(62)DRJ227

Devinder Gupta, J. 1. Claimants have in appeals filed under Section 54 of the Land Acquisition Act, 1894, (hereinafter referred to as the Act) sought further enhancement in the amount of compensation, whereas Union of India and Food Corporation of India in their respective separate appeals are seeking reduction in the amount of compensation and in the other benefits allowed by the Reference Court to the claimants. Purpose of acquisition and date of notification under Section 4 of the Act being the same, counsel for the parties in the appeals were heard and this common judgment will govern all such appeals. 2. Villages Bhorgarh, Kureni and Mamurpur are located side by side and the lands were being used for agricultural purposes or purposes subservient thereto. The provisions of Delhi Land Reforms Act, 1954 were applicable to the land for which certain restrictions as contemplated under Section 22 and 23 of the Delhi Land Reforms Act were applicable. The land could be used only for agric...

Kewal Krishan Mayor Vs. Kailash Chand Mayor and ors.

Court: Delhi

Reported in: 95(2002)DLT115

Devinder Gupta, J.1. These two first appeals arise out of the judgment and decree passed on 27.5.1976 by learned Single Judge of this Court partly decreeing the suit of plaintiff. RFA (OS) 31/76 is by the plaintiff Dr. Kewal Krishan Mayor and RFA (OS) 37/76 is by defendant No. 1 Kailash Chand Mayor.2. Bal Mukand Mayor s/o Dina Nath had three sons and two daughters, namely, Brahm Dutt, Dr. Kewal Krishan (plaintiff) and Kailash Chand (defendant No. 1), (sons); Brahm Wati and Raj Kumari (defendant 2 and 3), (daughters). Lal Devi wife of Bal Mukand died on 9.11.1965. Brahm Dutt is survived by his widow Smt. Prakash Mayor and two children, namely, Anil and Neelam (defendants 4 to 6). Bal Mukand died on 27.6.1973.3. On 30.11.1973 Dr. Kewal Krishan (hereinafter referred to as the plaintiff of the property left by Shri Bal Mukand. Kailash Chand Mayor was imp leaded as defendant No. 1. Brahm Wati and Raj Kumar were imp leaded as defendants 2 and 3 and the heirs of Brahm Dutt were imp leaded as ...

The Management of Birla Cotton Spinning and Weaving Mills Ltd. and anr ...

Court: Delhi

Reported in: 94(2001)DLT888; 2002(62)DRJ61

R.C. Jain, J. 1. In this Writ Petition, the petitioners seek for the quashing of order dated 19.2.1990 passed by the Presiding Officer Industrial Tribunal No. II, Delhi, and for declaring that the award dated 12-6-1986 made by the earlier Presiding Officer has effectively terminated the reference pending before the Tribunal. 2. Briefly stated, the facts leading to the present petition are that dispute arose between the petitioners-Management of M/s Birla Cotton Spinning and Weaving Mills, and its workmen consequent upon the closure of some looms of weaving section of the Mill. In exercise of its powers Under Section 10(1)(d) and 12(5) of the Industrial Disputes Act, 1147 (hereinafter referred to as the 'Act'). The appropriate Government (Delhi Administration, in this case) vide Notification No. F.24 (1781)/82-Lab. 19704 dated 13-12-1983 referred the said dispute to Industrial Tribunal, Delhi, with the following terms:- 1. 'Whether the action of the management in refusing duties to a la...

Neeta Agarwal Vs. R.L. Gupta

Court: Delhi

Reported in: 95(2002)DLT167

Mahmood Ali Khan, J.1. This civil revision is directed against an order of a Civil Judge dated 20.7.2001 by which he has allowed the application of the respondent/defendant and has granted him leave to defend the suit unconditionally.2. Briefly the facts are that the petitioner/plaintiff filed a civil suit for recovery of money under the Summary Procedure under Order 37 CPC. The summons was served on the defendant who put in appearance in time. The petitioner submitted an application for judgment. In response, the defendant submitted an application for leave to defend the suit which has been allowed unconditionally by the order impugned in this petition.3. The averment of the petitioner in the suit is that he supplied fabric to the respondent/defendant and the respondent issues six cheques of various denominations as mentioned in para-2 of the plaint to discharge his liability. The first four cheques were presented to the bank but only one of them had been encased and the remaining thr...

ishaq Shah Vs. State and ors.

Court: Delhi

Reported in: 96(2002)DLT18

C.K. Mahajan, J.1. By way of this petition the petitioner, Ishaq Shah, seeks mquashing the order dated 13th November, 2000 passed by the Additional DCP, mSouth District, thereby directing externment of the petitioner for a period of one year mfrom Delhi within seven days. The petitioner has also challenged the order of the Lt. mGovernor dated 17th January, 2001 by which the order of the Additional DCP was mconfirmed.2. A proposal was sent for externment of the petitioner to the Additional DCP, mSouth Distt. Delhi on the basis of involvement of the petitioner in the criminal cases. mThe petitioner was found guilty in motor vehicle theft cases and receiver of stolen mproperty. The proposal was considered by the Additional DCP (South) and on the mmaterial produced before him proceedings were initiated under Section 50 of the mDelhi Police Act. On 1st June, 1999 a notice has been served on the petitioner. The mcontents of the notice were explained and read over to him. In the aforesaid not...

Shri Jawahar Thakur Vs. Union Public Service Commission

Court: Central Administrative Tribunal CAT Delhi

1. Applicant impugns respondents Memo dated 29.8.97 (Annexure A-2) and seeks a declaration that action of official respondents in downgrading his seniority relative to private respondents 6 to 8 is illegal and arbitrary. He seeks a direction to restore his seniority in its original place in Indian Civil Accounts Service above respondents 6 to 2. Applicant us well as respondents 6 to 8 are directed recruits of the 1979 batch of ICAS. Applicant's position was above respondents 6 to 8 in that batch. He joined ICAS on 20.7.79 in Junior Time Scale of ICAS and was thereafter promoted to Sr. Time Scale, Junior Administrative Grade (on 1.7.92) and Selection Grade of JAG from time to time.3. The next promotional level is that of Senior Administrative Grade, for which under Rule 20( 1 )(v) of the ICAS Rules appointment is to be made by selection on merit from amongst officers who have put in 8 years regular service in JAG (including service if any in non-functional grade of JAG) or 17 years reg...

C.J. International Hotels Ltd. Vs. Income-tax Officer (Tds)

Court: Income Tax Appellate Tribunal ITAT Delhi

1. These appeals, filed by the assessee, arc directed against the consolidated order dated 21st November, 1995 passed by the CIT(A)-V, New Delhi, in the matter of consolidated order under section 201 r.w.s.195 of the Income-tax Act (hereinafter referred to as the Act) for the financial years 1991-92 and 1992-93. Grievance of the assessee, in substance, is that, on the facts and in the circumstances of the case, the CIT(A) erred in sustaining the impugned order which, according to the assessee, is contrary to the scheme of section 195 of the Act.2. The issue requiring our adjudication lies within a narrow compass of facts. The assessee-company, which owns a hotel known as Le-Meridien Hotel, entered into a franchise agreement with M/s Societe DCS Hotels Meridien, France, on 16th September, 1991, for the purpose of being affiliated with their chain of hotels and to benefit from the use of Meridien trade name, service mark, and service name, as well as its marketing and reservation networ...