Delhi Court August 2003 Judgments
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D.D.A. Vs. Salwan Furnishing Co.
Court: Delhi
Decided on: Aug-28-2003
Reported in: 2003(3)ARBLR302(Delhi); 106(2003)DLT550; 2003(70)DRJ569
S.K. Mahajan, J.1. The appellant DDA has filed this appeal to challenge the judgment of the learned Additional District Judge whereby the objections filed by the appellant under Section 30 of the Arbitration Act to set aside the award of the Arbitrator were dismissed and award was made rule of the Court and decree in terms of the award was passed. The facts in short relevant for deciding this appeal are:- 2. An agreement was entered into between the parties, for supply of chairs of certain drawings and specifications mentioned therein. There was an arbitration clause in the agreement entered into between the parties. During the execution of the contract, it appears that drawings of the chairs as well as the material of which they were to be made was changed and the respondents, thereforee, claimed higher price for the chairs to be supplied under the agreement to the appellant. It also appears that at the instance of the appellant, the respondents had used extra wood in making the chair...
Rashtriya Chemicals and Fertilizers Ltd. Vs. State Bank of Patiala
Court: Delhi
Decided on: Aug-28-2003
Reported in: III(2003)BC590; [2003]117CompCas270(Delhi); 106(2003)DLT682; 2003(70)DRJ659; [2004]51SCL605(Delhi)
R.C. Chopra, J.1. This order shall dispose of defendant's application under Order 37 Rule 3 of the Code of Civil Procedure for leave to defend the suit filed by plaintiff under Order 37 of the Code. 2. The facts relevant for the disposal of this application, briefly stated are that the plaintiff a Public Sector Company was supplying goods to a company known as ''Montari Industries Ltd'' on credit basis. To ensure due payment of the price of the goods a Bank Guarantee dated 9/12th September, 1994 for an amount not exceeding Rs.50 lakhs was furnished to the plaintiff by the defendant bank. This Bank Guarantee was irrevocable. Defendant undertook to pay the amount due without any demur on the demand of the plaintiff as and when M/s Montari Industries Ltd failed to pay the amount of invoices within 30 days. The said Bank Guarantee was extended from time to time and the last extension was up to 7th September, 2000. 3. When M/s Montari Industries failed to pay the amount of the invoices rais...
Dr. Sagheer Ahmed Siddiqui and ors. Vs. Union of India (Uoi)
Court: Delhi
Decided on: Aug-28-2003
Reported in: 2003VIAD(Delhi)83; 106(2003)DLT385; 2003(71)DRJ667
Vijender Jain, J. 1. Rule.2. This petition has been filed by Assistant Research Officers working with respondent No. 2. The grievance of the petitioner is that they have been denied the scales of pay recommended by 5th Pay Commission. During the pendency of the writ petition, respondent No. 1/UOI issued letter dated 2.8.2002, conveying the approval of the competent authority to the upgradiation of the scale of Asstt. Research Officers(Unani) in the Central Council for Research in Unani Medicine and Asstt. Research Officers (Homoes) in Central Council for Research in Homeopathy from the existing scale of Rs. 6500-10,500/- to Rs. 8000-13,500/-. It was also stated in the said letter that revision of pay scale will be effective from the date of issue of this Order and pay fixation in the revised scale may be implemented as per rules. My attention has been drawn to bye-law 44 of Central Council for Research in Unani Medicine which is to the following effect:'The scales of pay and allowances...
Shiv Charan DIn Dayal JaIn Vs. Mohan Lal (thr. LR's)
Court: Delhi
Decided on: Aug-28-2003
Reported in: AIR2004Delhi139; 106(2003)DLT621; 2004(72)DRJ178
R.S. Sodhi, J. 1. This appeal is directed against the judgment and order of the Additional Senior Sub Judge, Delhi in RCA NO. 238/1983, which appear arose from and the judgment and order dated 18th March, 1983 of Sub Judge, Delhi, whereby the Court accepted the objections of the Judgment-debtor and dismissed the execution petition on the finding that it had been fully satisfied. -2- RSA 133/1985 2. The brief facts of the case as noted by the Additional District Judge are as follows : ' The appellant obtained a decree for injunction on 3.3.76 against the respondent from the court of Shri J.M. Malik, Sub Judge 1st Class, Delhi, whereby the respondent was restrained from using the power connecting and from running of floor grindingmachine in the property No. 796, Main Bazar, Chiragh Delhi, New Delhi. A decree for mandatory injunction was also issued by the same judgment directing the respondent to entrust back the same to the appellant. An appeal against the decree was dismissed by the co...
Smt. Ajudhya Devi Vs. Sh. Balwant Singh and ors.
Court: Delhi
Decided on: Aug-28-2003
Reported in: III(2003)ACC518; 2005ACJ15; 2004IAD(Delhi)366; 107(2003)DLT213; 2004(72)DRJ494
S.K. Mahajan, J. 1. Admit. 2. Despite the case having been passed over once no one has appeared on behalf of the respondents. From the record I find that even on the earlier hearings no one had appeared on behalf of the respondents. I have, thereforee, proceeded to decide this appeal in the absence of the respondents. 3. The appellant has filed this appeal for enhancement of compensation awarded by the Motor Accidents Claims Tribunal for the death of her son who had died in a road accident alleged to have been caused by rash and negligent driving of the DTC bus by its driver,respondents no.1. The facts giving rise to this appeal are :- On December 28, 1990 the deceased was walking on the road at Azad Pur when a DTC bus bearing registration no.DET 9874 alleged to be driven in a rash and negligent manner by respondents no.1 hit the deceased from behind as a result of which the deceased sustained injuries which proved to be fatal and he died at the spot. Alleging that the accident was cau...
Delhi Development Authority Vs. Vakil Singh
Court: Delhi
Decided on: Aug-28-2003
Reported in: 106(2003)DLT548; 2004(72)DRJ101; 2003RLR106
R.S. Sodhi, J. 1. This appeal is directed against the judgment and order dated 19th October, 1985, of the Additional District Judge, Delhi in RCA No. 87/83, whereby the learned Judge has affirmed the findings of fact and law of the learned Sub Judge, Delhi. 2. The brief facts of the case as noted by the Additional District Judge are as follows : ' ... that the respondent/plaintiff brought a suit for permanent injunction on the averments that he is the owner in possession of the plot of land -2- RSA 39/1986 measuring about 425 sq. yard situated in Khasra No. 32/1/L in village Vasant Nagar, Delhi with super structure built over it (hereinafter referred to as the property in suit). It bears municipal No. 179 A/1 and 201 and the same is assessed to House Tax. There is no notification u/s 12 that the property falls in development area. It is also not covered by any master plan or zonal plan u/s 7 and 8 of Delhi Development Act. The super structure on the plot is old one. The plaintiff was...
Yogesh Bhatia Vs. University of Delhi and anr.
Court: Delhi
Decided on: Aug-28-2003
Reported in: 2003VIIIAD(Delhi)540; 110(2004)DLT343
Vikramajit Sen, J.1. Rule.2. By consent of counsel for the parties, and keeping in perspective the urgency of the grievances ventilated in these petitions, they have been heard for final disposal. All of them concern the circumstances in which a student may be excused for being short of attendance and permitted to appear in the relevant examination. 3. Ordinance VII (Conditions of Admission to Examination) of the Delhi University and are reproduced for facility of reference:'6. Attendance : Subject to the provisions of Ordinance VII--Conditions for Admission to Examinations--a candidate for the B.A. (Honours) Part I or Part II or Part III Examination shall not be deemed to have satisfied the required conditions of attendance unless he has attended, in the main subject, not less than two-thirds of the lectures and practicals, separately, held in the College in each academic year and not less than two-thirds of the lectures and practicals, separately, held in the subsidiary subjects (tak...
Oriental Insurance Co. Vs. Sh. C.R. Dutta and ors. and Dr. Rajinder Na ...
Court: Delhi
Decided on: Aug-28-2003
Reported in: I(2004)ACC438; 2005ACJ1778; 2003VIIAD(Delhi)321; 2003(71)DRJ648
S.K. Mahajan, J. 1. Admit.2. Since common questions of law and facts are involved in both these appeals they are disposed of by this common Order.3. The insurance company has filed these appeals challenging the award of the Motor Accident Claims Tribunal whereby the liability of the insurance company had been held to be unlimited it has been directed to pay the entire compensation assessed by the Tribunal to the legal heirs of the persons who died in a road accident alleged to have been caused by the rash and negligent driving of the bus by respondent no.7. A few facts relevant for deciding these appeals are :-4. In an accident which had taken place on December 11, 1981 two of the passengers namely, Shri A.K. Datta and Shri Rajesh Pal had died due to the injuries sustained by them in the said accident. The claimants filed an application before the Motor Accident Claims Tribunal claiming compensation for the death of the said two persons by impleading not only the driver and owner of th...
Ashok Kumar Aggarwal Vs. V.K. Pandey and ors.
Court: Delhi
Decided on: Aug-28-2003
Reported in: 109(2004)DLT179
Vikramajit Sen, J.1. It is common ground that the grievance which has been articulated in this Petition is the alleged non-compliance by the Respondents of the sterling and celebrated decision of the Apex Court which is reported as D.K. Basu v. State of Bengli : 1997CriLJ743 . In the Judgment the following elements have been enunciated as essential prerequisites of arrest, and preventive measures to ensure that human rights and the dignity of every individual is safeguarded.'(1) The police personnel carrying out the arrest and handling the interrogation of the arrestee should bear accurate, visible and clear identification and name tags with their designations. The particulars of all such police personnel who Kindle interrogation of the arrestee must be recorded in a register.(2) That the police officer carrying out the arrest of the arrestee shall prepare a memo of arrest at the time of arrest and such memo shall be attested by at least one witness, who may either be a member of the f...
Willard India Ltd. Vs. Dy. Cit
Court: Delhi
Decided on: Aug-28-2003
Reported in: (2004)87TTJ(Del)102
ORDERB.R. Jain, A.M.These cross appeals are directed to be disposed off by a common order.2. In ground 1(a) to 1(k) in assessed's appeal, the challenge is to the sustenance of disallowance of Rs. 17,15,531 under different heads of account on account of expenses pertaining to earlier years.3. The assessing officer observed that the assessed is maintaining mercantile system of accounting but expenses incurred by him in the earlier years have been claimed as deductible against the income of the year under appeal. For the reasons given in respect of each such expenditure disallowance has been made and sustained by learned Commissioner (Appeals). The same are dealt here in under individually.4. In ground 1(a) the assessed contends that the amount written off for Rs. 1,664 disallowed by the assessing officer consists of small amounts payable to employees for earlier years. Details are placed at paper book p. 53. These amounts represented adjustments carried out in the books of account on rec...
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