Delhi Court February 2002 Judgments
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Attar Kaur Vs. Delhi Development Authority
Court: Delhi
Decided on: Feb-08-2002
Reported in: 2002IVAD(Delhi)200; 97(2002)DLT147; 2002(62)DRJ574
Anil Dev Singh, J. 1. This is an appeal against the order of the learned Single Judge dated March 6, 2000 whereby the writ petition of the appellant seeking direction to the respondent to allot a flat to the appellant at the rates prevalent in the year 1994 was rejected. The facts giving rise to the appeal are as follows :- In the year 1979 the appellant was registered with the Delhi Development Authority (for short 'the DDA') for allotment of a LIG under the New Pattern Registration Scheme, 1979 (for short 'the Scheme of 1979'). The appellant was given priority number 28509. In November 1988, the DDA announced a scheme called 'Awas Sakar Yojna'. According to the Awas Sakar Yojna, the registrants of MIG and LIG with priority numbers beyond 10,000/- willing to form co-operative group housing societies were to be allotted land on priority basis so that they could take up the construction of flats themselves. The appellant gave her willingness to be included in the Awas Sakar Yojna. Under...
Sarup Singh and ors. Vs. Union of India (Uoi)
Court: Delhi
Decided on: Feb-08-2002
Reported in: 2002IIAD(Delhi)357; 97(2002)DLT418; 2002(62)DRJ419
S.B. Sinha, C.J.1. An order dated 3rd September, 2001 passed by a learned Singly Judge of this Court in CWP 5364/2001 has been questioned in this Letters Patent Appeal, whereby and whereunder notice has been issued to the respondent to show cause as to why the petition be nt admitted limited to the extent as to why the petitioner is entitled to the allotment of alternative plot of land and as to why no reference under Section 18 has been made to the Court of the District Judge for enhancement of compensation.2. Appellant was owner-Bhumidar of certain land in revenue estate of village Maidan Garhi, Delhi. The said land was acquired in relation to which award No. 23/86-87 was passed. The appellant has also received payment of compensation in terms of the said award.3. The notification under Section 4 of the Land Acquisition Act, 1894 was issued in respect of 13 villages. Admittedly, one Balak Ram Gupta filed a writ petition questioning the said notification in relation to one of the vill...
Dr. Janak Raj Jai Vs. Lt. Governor of Delhi and anr.
Court: Delhi
Decided on: Feb-08-2002
Reported in: 2002VIIAD(Delhi)537; 97(2002)DLT800; I(2002)DMC778
Khan, J.1. Petitioner has filed this petition in public interest for direction to respondent No. 1 to implement provisions of Section 8-B of Dowry Prohibition Act 1961 by making appropriate rules and issuing requisite notification for appointment of Dowry Prohibition Officers and Advisory Boards. He also prays for closing down of all 'Crimes Against Women Cells' in the National Capital.2. Petitioner's case is that Parliament had enacted Dowry Prohibition Act to protect and eradicate the evil of dowry but had failed to enforce its Section 8-B which provided for appointment of Dowry Prohibition Officers woh were to be conferred powers of police officers. No Rules under Section 10 of the Act were also framed even 10 years after its enactment. As a result, no Dowry Prohibition Officers were appointed and on the contrary 'Crime Against Women Cells' were set up in the police department which were non-statutory bodies and had no legal authority to discharge the functions of Dowry Prohibition ...
General Secretary, Samrath Shiksha Samiti and anr. Vs. K.P. Bansal and ...
Court: Delhi
Decided on: Feb-08-2002
Reported in: 96(2002)DLT564; (2002)IILLJ335Del
S.B. Sinha, C.J.1. This Civil Revision Petition is directed against an order dated 18th March, 1998 passed by the Civil Judge, Delhi in Suit No. 370/95, wherebyand whereunder, an application filed by the respondent herein, under Section 14 ofthe Limitation Act was allowed.2. The basic fact of the matter is not in dispute.3. The said respondent was an employee of the petitioner. He allegedly resigned from services. However, he filed an application before the Delhi School Tribunal, inter alia, on the ground that such resignation had been forcibly obtained from him. The said appeal was dismissed by the Tribunal by an order dated 3rd September, 1991 on the ground that the Tribunal had no jurisdiction. The respondent herein filed a writ petition before this Court which was marked as CWP No. 2460/92. By an order dated 25th January, 1995 the said writ petition was dismissed on the ground that it involved disputed questions of facts. Thereafter the afore-mentioned suit was filed.4. Mr. Taneja,...
Smt. Parvati Devi Vs. Municipal Corporation of Delhi
Court: Delhi
Decided on: Feb-08-2002
Reported in: 96(2002)DLT423
S.B. Sinha, C.J.1. The question which falls for consideration in this civil revision petition is, as to whether the petitioner herein who purchased the property in question in the year 1991 could prefer an appellant against an order of assessment dated 28th February, 1994 in respect of the assessment years 1988-89 and 1989-90. The learned Appellate Authority has dismissed the appeal only on the ground that the petitioner has no locus standi.2. Learned Counsel appearing on behalf of the petitioner would submit that, having regard to the fact that the petitioner has been permitted to take part in the assessment proceedings before the Assessing Officer and furthermore no objection as regard to her locus w raised by the Delhi Municipal corporation, the learned Court of Appeal below erred in passing the impugned order.3. Learned Counsel appearing on behalf of the respondent on the other hand would submit that, having regard to the provisions contained in Section 128 of the Delhi Municipal C...
Al-falah Trust (Regd) Vs. the Ministry of Home Affairs and ors.
Court: Delhi
Decided on: Feb-08-2002
Reported in: 2002VIIIAD(Delhi)341; 97(2002)DLT812
Khan, J. 1. Petitioner is the President of AL-FALAH Trust and claims to be espousing promotion of fundamental rights and cause for rooting out corruption from Government institutions.2. Petitioner has filed this petition in public interest in 1996 couched in generalised terms and pointing to some lapse in the running of Tihar Jail. He cites number of instances in support. According to him, one inmate Gajraj Singh had committed suicide on being fed up with jail conditions and the other inmate Subhash Gupta was rescued at last minute. Similarly, one under-trial was released without any orders and the order one Sagar Haldar had escaped and absconded. He prays for investigation of all these incidents by CBI which would uncover 'rampant corruption and human rights violations being allegedly committed in the jail'. He has supported his pleas by newspaper clippings.3. Respondents 2-3 have expectedly denied the allegations. It is admitted by them that Gajraj had committed suicide on 7.9.96 who...
Delhi Development Authority Vs. Sh. B.P. Sharma and anr.
Court: Delhi
Decided on: Feb-08-2002
Reported in: 2002VAD(Delhi)811; 97(2002)DLT725; 2002(63)DRJ660
ORDER XII ADMISSIONS'[6. Judgment on admission -- (1) Where admissions of fact have been made either in the pleading or otherwise, Whether orally or in Writing, the Court may at any stage of the suit, either on the application of any party or of its own motion and without waiting for the determination of any other question between the parties, make such order or give such judgment as it may think fit, having regard to such admission.'13. This order does not depend only on the admissions made in the pleadings, for the admission need not always be made only in the pleadings, for they could be made otherwise, whether orally or in writing. The question, which should be seen, is whether there was any admission made 'otherwise whether orally or in writing.' The demarcation took place under the orders of the Court. The property in question was found situated in Khasras numbers different than those Khasra numbers which were involved in the earlier suit. The premises were found to be situated i...
National Highways Authority of India Vs. Backbone-tarmat-ng-jv and anr ...
Court: Delhi
Decided on: Feb-08-2002
Reported in: 100(2002)DLT230
A.K. Sikri, J.1. The National Highways Authority of India is the appellant in this appeal. It has undertaken the project of constructing a nation wide network of major National Highways connecting various parts of the country, including four metropolitan cities, viz., Delhi, Mumbai, Kolkata and Chennai. The consolidated length of the Highways to be constructed is more than 6,000 Kms. This project is to be completed by December, 2004. The appellant states that this project is a milestone for overall development of the country, as it would lead to better inter-connectivity of different States and would lay a path of economic development. It is for this reason, it has been termed as 'Golden quadrilateral'.2. For executing this project the appellant had invited Pre-Qualification applications from the prospective bidders. Many parties submitted their bids including the respondents. These bids were evaluated by the Evaluation Committee of the appellant which recommended the Pre-Qualification...
Shree Ganpati Synthetics and ors. Vs. Commissioner of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Feb-07-2002
Reported in: (2002)(81)ECC353
1. Shree Ganpati Synthetics, M/s. Narinder Paper Mills and M/s. Behal Spg. Mills have filed appeals along with stay petitions praying for staying the operation and implementation of order passed by the Commissioner of Central Excise.2. None appears for the appellants. We have perused the evidence on record, the adjudication order and the relevant sections of the Finance Act and Rules framed for the purpose of Service Tax. We note that the amount of duty has not so far been quantified, therefore, the stay petitions are dismissed as being pre-mature.3. Since the issue is that of interpretation and is covered by the law explicitly, we proceeded to decide the appeals themselves.4. The facts of the cases are that Service Tax at the rate of 5% was introduced on Goods Transport Operator Services. SCNs were issued demanding Service Tax during the period 16.11.1997 to 2.6.1998. In the meantime the Hon'ble Supreme Court in the case of Laghu Udyog Bharti v.Union of India, held the relevant provi...
Plyboard Industries Ltd. Vs. Commissioner of C. Ex.,
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Feb-07-2002
Reported in: (2002)(141)ELT675TriDel
1. M/s. Plyboard Industries Ltd. have filed this Appeal along with Stay Petition. In the Stay Petition there is a prayer for waiving pre-deposit of duty amounting to Rs. 22,63,878/-(Rupees twenty two lac sixty three thousand eight hundred seventy eight) and penalty of Rs. 5,000/- (Rupees five thousand).2. Arguing the case for the applicant(s) Shri M.P. Devnath, learned Counsel submits that the applicant company is engaged in the manufacture of plywood, blockboard, flush doors etc.; that the applicant is a Limited Company registered under the Companies Act, 1956; that the affairs of the company were taken over by M/s. Jammu and Kashmir Industries. Learned Counsel submits that Jammu & Kashmir Industries is a State Corporation wholly owned by Govt. of Jammu & Kashmir; that show cause notice was issued to the applicants asking them to explain as to why clearance of excisable goods from various factories owned by Jammu and Kashmir Industries which exceeded Rs. 2.0 crores should not...
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