Court : Delhi
Reported in : 1996IVAD(Delhi)588; 1997CriLJ522; 64(1996)DLT22; 1996(38)DRJ737
Arun Kumar, J. 1. The circumstances giving rise to this reference are that a learned single Judge of this Court has passed an order dated 30th April, 1996 in Crl.M.(M) No. 954 of 1995 to the effect that henceforth all the bail applications filed under Sections 438 and 439 of the Code of Criminal Procedure (hereinafter referred to as the Code) should be dealt with by the Sessions Judge himself at the Tis Hazari Courts and by the respective Judges in charge at the Patiala House and the Karkardoma Courts. As a result of the said direction only the Sessions Judge, Delhi is hearing all the bail applications which are filed in the Sessions Court in the Tis Hazari Courts complex. Likewise the Judges in charge in the Patiala House Court complex and in the Karkardoma Court complex alone are hearings similar applications. This has naturally resulted in the bail applications getting piled up because only one Judge each has to hear and dispose of all the applications at the three Court complexes. ...
Tag this Judgment!Court : Delhi
Reported in : ILR1977Delhi265
Yogeshwar Dayal, J.(1) This is a petition under Article G 226 of the Constitution of India on behalf of Shri Mohinder Singh Gill, a Congress candidate from the '13-Ferozepore Parliamentary Constituency, Punjab' and Shri Nasib Singh, a voter and supporter of petitioner No. 1, for quashing the notification dated 22nd March, 1977, issued by the Election Commission of India, ordering the cancellation of poll held in the aforesaid Constituency and ordering the repoll in the entire aforesaid Parliamentary Constituency. A writ of mandamus is also prayed for directing the Chief Election Commissioner and Shri Gurbachan Singh, a Deputy Commissioner and Returning Officer, Ferozepore, (respondents 1 and 2 respectively) to declare the result of the election. In the alternative, it was prayed that writ of mandamus may be issued directing respondents No. 1 to act strictly in accordance with the provisions of Section 64A(2) of the Representation of the People Act, 1951 (43 of 1951), hereinafter referr...
Tag this Judgment!Court : Delhi
Reported in : 2003IIIAD(Delhi)733; 2004(1)CTLJ318(Del); 105(2003)DLT545; 2003(71)DRJ705
Pradeep Nandrajog, J.1. Aggrieved by the order dated 18th May, 2001 disposing of is No. 3075/2000, plaintiff/appellant has filed the present appeal. By the impugned order appellant has been directed to pay license fee @ 21 % of its gross turnover. 2. In brief, facts relevant for the determination of the present appeal may be noted. The respondent/NDMC, being the owner of a parcel of land at Windsor Place, Janpath, invited offers from parties to have the land licensed to them on certain terms and conditions. The site was to be used for construction of a Five Star Hotel. Various offers were received. One of the offer received was from M/s Pure Drinks (New Delhi) Ltd. This was accepted by the respondent. The offer was that the licensee offered to pay a license fee of 23% of the gross turnover or Rs. 2.68 crores per annum, which ever was higher. This offer of 23% of the gross turnover was subsequently reduced to 21% of the gross turnover. 3. A license agreement dated 16.4.1981 was executed...
Tag this Judgment!Court : Delhi
Reported in : 97(2002)DLT99; 2002(63)DRJ482; 2003(1)SLJ19(Delhi)
Vikramajit Sen, J.Vikramajit Sen, J.1. The Petitioner has laid a challenge to the withdrawal, on 18.7.2001, by the Union of India of his nomination as the Chairman of the Indian Council for Social Science Research (for short ICSSR). Although no reasons were given in this impugned order some were spelt out in the Government Press Note of the same date. It has been stated that the Government had received numerous complaints regarding the functioning of the ICSSR from Members of its Council. These complaints included non submission of accounts and budget, the undertaking of a number of new projects without the approval of the Council, upgradiation of pay scales of the staff of the Council, non observation of quorum and rules, injudicious spending of funds provided by the Government resulting in a resource crunch etc. Predicated on these complaints the Government found that there had been a failure of the administrative machinery in the ICSSR. The Petitioner, having allegedly failed to abi...
Tag this Judgment!Court : Delhi
Reported in : 1996CriLJ3892
A.K. Srivastava, J. 1.This writ under Article 226 of the Constitution of India has been filed by one Sukhwinder Kumar, a Constable in Border Security Force, with a prayer that a writ, order or direction in the nature of certiorary be issued quashing all the proceedings of a trial against him with all the consequential benefits. 2. The facts leading to the filing of this writ petition are as under :- The petitioner was employed as Constable in the Border Security Force in the year 1986. He was transferred as Constable Driver in the Boarder Security Force Workshop at Baramulla in the State of Jammu and Kashmir in the year 1991. Thereafter one Subedar (Inspector) Ganga Ram Dogra joined as in charge of that workshop. In the night of 13th December, 1991 the said Inspector Ganga Ram Dogra was fatally shot at in the premises of that workshop. Fact finding Court of Enquiry was conducted and thereafter a General Security Force Court was convened at Baramulla to try the petitioner for allegedly ...
Tag this Judgment!Court : Delhi
Reported in : 14(1978)DLT56; [1978]41STC30(Delhi)
S.S. Chadha, J. (1) This petition under articles 226 of the Constitution of India seeks a declaration that the provisions of clauses (e), (e) and (g) of section 2 of the Delhi Sales Tax Act, 1975, are ultra virus of article 285 of the Constitution of India and prays for striking down the said provisions as void. The impugned provisions are : 'SECTION 2(c) 'Business' includes- (i) any trade, commerce or manufacture or any adventure or concern in the nature of trade, commerce or manufacture whether or not such trade, make gain or profit and whether or not any gain or profit accrues from such trade, commerce manufacture, adventure or concern, and (ii) any transaction in connection with, or incidental or ancillary to such trade, commerce, manufacture, adventure or concern ; (e) 'dealer' means any person who carries on business of selling goods in Delhi and includes- (i) the Central Government or a State Government carrying on such business; (ii) an incorporated society (including a co-oper...
Tag this Judgment!Court : Delhi
Reported in : ILR1978Delhi705
T.V.R. Tatachari, C.J.(1) This Writ Petition has been filed by Ourbakhsh Singh under Article 226 of the Constitution of India praying (1)for the issuance of an appropriate writ quashing the order, No. DSIDC/1-583/2203, dated 4th August, 1977, issued by the Delhi State Industrial Development Corporation (hereinafter referred to as the DSIDC) as being against the rules applicable to the petitioner. (2)for directing his continuation in office as Section Officer in the Dsidc without any interference and (3) for a writ of mandamus or other appropriate order or direction requiring the Dstdc not to strike off the petitioner's name from its roll.(2) The petitioner imp leaded as respondents to the writ petition A)The Delhi State Industrial Development Corporation (DSIDC), (2)The Delhi Administration. (3)the Union of India through the Accountant General, Central Revenues and (4)the Lieutenant Governor of Delhi.(3) A preliminary objection has been raised in the counter-affidavit filed on behalf ...
Tag this Judgment!Court : Delhi
Reported in : 2002IIIAD(Delhi)112
Manmohan Sarin, J.1. Petitioner, an Indian citizen and a member of Dravida Munnetra Kazakam (DMK), a political party in Tamil Nadu, seeks by this writ petition a mandamus for deferring the elections to be held in Andipatti Assembly Constituency of Tamil Nadu till the electoral rolls are rectified. A direction is also sought for rectification of the electoral rolls prepared in Andipatti Constituency and to hold election along with other Constituencies, namely Saidapet and Vanniyampadi in Tamil Nadu. Petitioner also seeks disciplinary action to be taken against erring officers responsible for committing irregularities in the preparation of voters list in the Andipatti Assembly Constituency.2. Learned counsel for the Election Commission on receiving advance copy of petition had appeared when the writ petition came up for admission. He raised an objection as to the maintainability of the writ petition. Without prejudice to the contentions on maintainability, Election Commission has filed a...
Tag this Judgment!Court : Delhi
Reported in : 2002IVAD(Delhi)423; 97(2002)DLT377; 2002(62)DRJ284
S.B. Sinha, C.J.1. These Letter Patent Appeals having arisen out of a common judgment and involving similar question of law were taken up for hearing together and are being disposed of by this common judgment.2. However, we may consider the fact of the matter from the file of LPA 66/2001 arising out of CWP 1950/2000.3. The petitoner is a registered association. Its member allegedly have entered into agreements with the fourth respondent for purchase of freehold plots at Okhla Enclave in the State of Haryana. The respondent No.4 allegedly had booked thousands of plots without obtaining requisite license as is mandatorily required in terms of Section 7 of the Haryana Development and Regulation of Urban Areas Act, 1975 (hereinafter referred to for the sake of brevity as 'the Act'). Allegedly, the respondent No.4 kept the purchasers at dark to the effect that although specific plots were being booked, approval for development and setting up of colony itself had not been obtained in terms o...
Tag this Judgment!Court : Delhi
Reported in : ILR1970Delhi35
Jagjit Singh, J. (1) The following questions were referred to the Full Bench :-- (i) Whether the Press Note, annexure G, had the status of law and conferred a legal right on the respondent to get his unauthorised occupation of the flat regularised (ii) If it be held that the Press note had nto the status of law but was merely an administrative or executive direction, could the respondent still invoke the jurisdiction of this Court and claim that his unauthorised possession should on the basis of the Press Note be regularised (2) Detailed facts reading to the case giving rise to the above questions are given in the order of reference. In order, however, that the implications involved in the two questions may be appreciated it would be necessary to very briefly mention some of the facts. (3) Admittedly Anant Singh Respondent 1s an ex-service man and a displaced person from West Pakistan. On this migration to India he was at first given tent accommodation and on January 9, 1952, shop No. ...
Tag this Judgment!