Court : Delhi
Decided on : Jan-13-1987
Reported in : 37(1989)DLT278
Santosh Duggal, J. (1) The appellant herein was defendant in the suit, (S N. 108/80), instituted by the respondent in respect to a plot of land bearing No. E-2, Bali Nagar, New Delhi, which was alleged to have been let out to him under an agreement dated 22nd May, 1971 initially for a period of 11 months and extended from time to lime up to 22nd February, 1976. The suit was for recovery of possession on the plea that the tenancy of the defendant (appellant herein), had come to an end by efflux of time, having not been renewed after 22nd of February, 1976 but nevertheless as a measure of abundant caution, the plaintiff also served a notice of termination of tenancy on the defendant with effect from 22nd March, 1977, by means of notice dated 28th February, 1977. duly served upon him, and that since the defendant.had refused to surrender possession despite this notice, the suit was necessitated. (2) The suit was contested on a number of pleas, including denial of status of the plaintiff a...
Tag this Judgment!Court : Delhi
Decided on : May-19-1987
Reported in : ILR1988Delhi103
Jagdish Chandra, J.(1) In this suit the plaintiffs seek the following reliefs against the defendants in respect of the itemises in dispute comprising the first floor premises of* the house known as 99-Anand Lok, New Delhi and the second floor in the annexe premises and the car parking space on the ground floor, therein :(a) restraining defendants from obstructing the plaintiffs their employees representatives, and/or causing obstruction in any manner whatsoever, from going to and using the 1st floor premises and the Car Park space at ground floor, of the house known as 99, Anand Lok, New Delhi. (B)restraining the defendants from disturbing the possession of the plaintiffs, in respect of the premises, given to plaintiff No. 1 on rent, in house No. 99, Anand Lok, New Delhi. (C)to pass a decree in the sum) of Rs. 1,04,000 as compensation for damages caused to the plaintiff. (D)a decree for further damages at the rate of Rs. 3100 per month and Rs. 500 per day from 5-5-1982 till the date th...
Tag this Judgment!Court : Delhi
Decided on : Jul-20-1987
Reported in : 1988(14)DRJ113
S.B. Wad, J.(1) This is landlady's Revision Petition against the order of the Rent Controller dismissing her eviction petition on 8/11/1983.(2) The premises in question are the Ground Floor of property No. 254, Greater Kailash, New Delhi. The respondents are the tenant. A lease deed was created in favor of the tenant under Section 21 for three years with , effect from 14-7-1975. After the expiry of this lease, a fresh lease was created in favor of the tenant. The rent was raised from Rs. 1900.00 to Rs. 2300.00 per month. According to the tenant this increase was made as a new lease was created for residential-cum-commercial purposes and the tenant was permitted to have his sales office in the premises. According to the landlady the new lease was only for residential purposes as before.(3) The landlady is a qualified Doctor by profession and was in Government service. After her retirement from service in 1972 she was residing at Dehradun. She developed severe ArthrIT is in both her knee...
Tag this Judgment!Court : Delhi
Decided on : Oct-19-1987
Reported in : ILR1987Delhi120
D.P. Wadhwa, J. (1) By this judgment. I propose to decide four writ petitions being Criminal Writs Nos. 211,239, 281 and 283 of 1987 of our different petitioners. (2) These four petitioners were detained on the basis of four different orders passed on 1-4-1987 under S. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 (for short the Act). The petitioners seek quisling of the detention orders and issuance, of a writ of hatexs corpus or any ether appropriate writ for their being set at liberty. (3) The Directorate of Revenue Intelligence (DRI) had information that Vijay Kumar (petitioner in Cr.W. 239/87) was engaged in receipt, storage and disposal of smuggled gold on a large scale. Surveillance was mounted on him and as a result on 11-3-1987 300 gold biscuits of 10 tolas each (34,995 gm) bearing foreign markings and of 999.0 (24 carats) purity were recovered. The gold valued over Rs. 92 lacs. Of these 100 gold biscuits were recovered from Uttam...
Tag this Judgment!Court : Delhi
Decided on : May-25-1987
Reported in : 1988CriLJ1640; 1987(2)Crimes616; 1987(13)DRJ197
ORDER1. The petitioner Shri M. R. Jean Sala is a French national. He came to New Delhi from Kathmandu on 21-6-86. During his stay in India, he mostly remained in Srinagar, Kashmir. From there, he is alleged to have dispatched a consignment of 38 packages said to contain paper Machie boxes of different shapes and sizes to Calcutta for export by sea to Rotterdam Holland. The said consignment was purchased from one M/s. M. S. Doona & Sons, Srinagar for a total consideration of Rs. 64,700/-. 2. On 7-8-86, the petitioner went to Calcutta for the purpose of supervising and finalising the export of the said 38 packages. On 21-8-86, the shipping bill was presented to the Calcutta Customs for examination by the Customs House Clearing Agent M/s. Jeena & Company, Calcutta. During examination of the said consignment the Customs Officers selected two packages out of 38 for examination. On closer examination, it was observed that the bottoms of the paper Machie boxes were unusually heavier. On break...
Tag this Judgment!Court : Delhi
Decided on : Mar-12-1987
Reported in : 32(1987)DLT190
Leila Seth, J.(1) This is a civil revision challenging the order passed byMr. D.K. Saini, Additional Rent Controller, on 2.4th February, 1986, rejecting the prayer for condensation of delay and dismissing the application for leave to defend as time barred.(2) The facts are set out in brief. Mr Trilok Chand and others, therespondent, purchased the property at No. 41UB, Jawahar Nagar, Delhi, from one Mr. 0m Prakash on 3/03/1975. Mr. Chaman Lal Talwar, the petitioner, was already a tenant in a portion of the second floor of the saidproperty.(3) On 28 the May, 1985, the respondents-landlords filed a petition under section 14(l)(e) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the 'Act'). The prescribed summons was served in the ordinary way onMr. Chaman Lal Talwar on 3/06/1985. A summons was also sent by registered post acknowledgment due and this was served on the petitioner on 7/06/1985.(4) On 20/07/1985, the petitioner filed an application for leave to defend along wit...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Feb-05-1987
Reported in : (1987)(29)ELT401TriDel
1. This is an application dated 8-10-1985 for "stay of the operation of" the order in original in a proceeding, initiated by an application under Section 129D(4) of the Customs Act, 1962, (hereinafter, the Act), to be heard as if it were an appeal against the order of the adjudicating authority (i.e. the order in original) in terms thereof. (a) the Respondent imported 24 consignments of Ball Bearings during November, 1982 and January, 1983; (b) the invoice values, not being acceptable, the Respondent was given an option to clear the goods on a provisional duty bond and the Respondent had availed of such option for clearance for home consumption as well as clearance under Section 59 of the Act after furnishing the requisite bonds with bank surety or cash deposit; (c) a notice dated 31-5-1984 was issued to the Respondent along-with M/s. Skefko India Bearing Co Ltd. and Punjab Bearing Traders, alleging, inter alia, (i) the existence of a special relationship between the Respondent and th...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Jul-02-1987
Reported in : (1987)(13)ECC337
1. review notice issued by the Government of India to review the order passed by the Appellate Collector, Central Excise, Bombay, has been transferred to the Tribunal and is being treated as an appeal.2. A show cause notice was issued to the respondents on 5-2-1978 alleging that the respondents had cleared sets of stator and rotor affixed with the Thermal Overloading Protectors (hereinafter mentioned as TOPs) to M/s. Voltas Ltd., Thane, the cost of which was not included in the price list before the clearances. It was urged that the respondents had suppressed the cost of TOP in the price list. The respondents were asked to pay the duty of Rs. 1,93,107.60 for the period 1-7-1976 to 31-7-1978. The respondents in the reply urged that they were following the procedure prescribed by the Assistant Collector, Bombay for the movement of TOP imported by M/s. Voltas Ltd. There was no objection to such a procedure since "1968. They have been submitting' the price list for the* hermetic Stator/Ro...
Tag this Judgment!Court : Delhi
Decided on : Jul-31-1987
Reported in : 1988CriLJ1062; 33(1987)DLT205
Jagdish Chandra, J. (1) This criminal appeal has been preferred by the appellants-convicts Tellu and Uttam against the judgment of conviction and order of sentence passed on18th of July, 1983 by Shri R. C. Jain, Additional Sessions Judge.whereby they were convicted for the offence under section 302 Indian Penal Code read with section 34 Indian Penal Code . and sentenced there under to undergo imprisonment for life. (2) The first information in this case was given by Smt. Sudama wife of the deceased Ram Karan and her statement was recorded by Sub Inspector Joginder Singh of police station Nangloi, Delhi;according to which she along with her deceased husband RamKaran was living in railway quarter No. E-24/C, Nangloi, Delhi,and the deceased was working in railway department at Nangloi Station as a gang man whereas her in-laws resided in villageDhanwas, Police Station Khajni, District Gorakhpur. AccusedTellu was a resident of that very village and was known to them and had his lodging and ...
Tag this Judgment!Court : Delhi
Decided on : Aug-26-1987
Reported in : 1988(2)Crimes196; 1987(14)ECC98; ILR1987Delhi554
M.K. Chawla, J. (1) With a view to prevent Shri KirpalMohan Virmani, the present petitioner, from smuggling goods and abetting the smuggling of goods Shri Tarun Roy, Joint Secretary to the Government of India passed an order of his detention under the Cofeposa Act (hereinafter referred to as theAct) on 5/11/1986. The subjective satisfaction is based on the following circumstances : (2) On a specific information that truck No. Del 3124 is carrying Hashish concealed inside the machinery items, the officers of the Customs Preventive Collectorate, West Bengal succeeded in intercepting the truck at Mogra on 12/07/1986and apprehended its three occupants, S/Shri Joginder Singh,and Shiv Raj Singh. drivers and Ranjit Singh, cleaner. On detailed examination, it was found to be carrying two consignments comprising of 30 cases, containing 660 pieces of front and rear engine mounting. M/s. Northern Exports, 116 HariNagar, New Delhi, was the consigner. This machinery was meant for export to M/s. Naz...
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