Court : Delhi
Decided on : Mar-20-2002
Reported in : 2002IVAD(Delhi)477; 2002(3)Crimes370; 97(2002)DLT594; 2002(62)DRJ578
R.C. Chopra, J. 1. The petitioner is the main accused in case, commonly known as 'Jessica Lal Murder Case'. According to the prosecution, the petitioner had fired two bullet shots, one of which hit the deceased Jessica Lal resulting in her death. Shri Ram Jethmalani, Senior Advocate, while pressing for regular bail to the petitioner, has pointed out that all the three alleged eye-witnesses have failed to support the prosecution case and as such, there is no evidence whatsoever against the petitioner to connect him with the offence. He also contends that the prosecution case suffers from an inherent infirmity inasmuch as according to one of their own experts, the two bullets alleged to have been fired at the spot were fired by two weapons and not one, as alleged by the prosecution. According to him, the prosecution is merely flogging a dead horse knowing fully well that the petitioner is not likely to be convicted and as such, the petitioner deserves to be enlarged on regular bail. 2. I...
Tag this Judgment!Court : Delhi
Decided on : Apr-30-2002
Reported in : 2002(63)DRJ604; [2004]138STC264(Delhi)
S.B. Sinha, C.J.1. Legality and validity of a circular issued by the Commissioner of Sales Tax dated 8th March 2000 is in question in this writ petition. The basic fact of the matter is not in dispute. The petitioner has been carrying on business in the manufacture and sale of master batches. It is contended that the said item is a raw material used in the plastic industry for manufacture of plastic goods. Whenever plastic goods are manufactured which are required to be coloured, master batches which is a viable and convenient raw material is used as coloring agent.2. On or about 1st April 1998, a notification was issued by the Lt. Governor in terms whereof 3% tax was levied on taxable turnover on plastic material. The table prescribing First Point Taxable Goods was also amended by a notification of the same date in terms whereof plastic raw material became liable to tax at first point. The petitioner filed a return and the Sales Tax Officer accepted the contention of the petitioner th...
Tag this Judgment!Court : Delhi
Decided on : May-03-2002
Reported in : AIR2002Delhi440
Dr. Mukundakam Sharma, J.1. As the facts and the issues that arise for our consideration in these writ petitions are similar, we propose to take up all these writ petitions together and dispose of the same by thiscommon judgment and order.CW. 3412/97 This writ petition is filed by the petitioners by way of public interest litigation for a direction to respondent No. 1/Delhi University to take disciplinary action against all Full TimeLaw Teachers of the Delhi University, who are practicing in the courts and also praying for adirection to prohibit all Full Time Law Teachers of the Faculty of Law of the University of Delhi from carrying on legal practice/profession and also from appearing in the courts of law in any manner. The petitioner has also sought for a direction to the Delhi State Bar Council, respondent No. 3 to cancel the enrolment/license to practice given to Full Time Law Teachers.2. The petitioner No. 1 is an Advocate practicing in the High Court of Delhi and he has stated th...
Tag this Judgment!Court : Delhi
Decided on : May-08-2002
Reported in : 2002VAD(Delhi)699; 98(2002)DLT364; 2002(63)DRJ538; 2002(84)ECC193
K.S. Gupta, J.1. This appeal is directed against the judgment dated 13th March, 2001 and order dated 15th March 2001 of an Additional Sessions Judge convicting the appellant-accused under Section 21 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short the 'Act') and sentencing him to undergo RI for 10 years and pay a fine of Rs. 1 lac.2. Case of the prosecution, in brief, is that on 16th August, 1999 around 2.15 PM ASI Chander Pal Singh, PW-9 Along with HCs Om Prakash, PW-7, Harpal Singh and Const. Rajvir Singh were present in connection with patrolling at E.E. Block Bus Stand, Outer Ring Road and there PW-9 received secret information that a person by the name of Rameshwar having heroin, would go to Maksudpur village via Maksudpur chowk. PW-9 organized a raiding party consisting of said police officials with him. PW-4 Sher Singh from public who agreed to join raid, was also included in raiding party. Nakabandi was made near Maksudpur chowk. Appellant reached Maksudpur ...
Tag this Judgment!Court : Delhi
Decided on : May-17-2002
Reported in : 98(2002)DLT348; 2003(66)DRJ38
S.L. Agarwal, J.1. By this petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), petitioner is seeking quashing of the complaint (Kalandra), under Section 103 of the Delhi Police Act, (for short, 'D.P.Act'), and the proceedings thereon pending trial in the court of ACMM, Delhi.2. The allegations in brief, are that Anti-kidnapping cell of the Police received information that the petitioner, who is working as a beldar (labourer), in the MCD, has been indulging in illegal activities of bringing arms and drugs from the Nepal border; and that some cash and other articles are lying burred in his jhuggi at Vijay Nagar. The information was recorded vide DD No. 7 dated 10.7.97 at P.S. R.K. Puram and was also brought to the notice of Senior Officers. The police visited the jhuggi but it was found locked. The report was kept pending. On 11.7.97 at 6:30 a.m. the police again received information that the petitioner was available at jhuggi. The police party proce...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Jul-09-2002
Reported in : (2002)(84)ECC624
1. The above captioned appeals have been preferred by the appellants against the common Order-in-original dated 18.4.2001 passed by the Commissioner of Customs vide which he had imposed penalty of different amounts, on them under Section 112(b) of the Customs Act.2. The facts giving rise to these appeals may briefly be stated as under: On the basis of specific intelligence, the officers of the DRI intercepted two tempoes loaded with goods, in front of godown-cum-residence located at Vikas Nagar. Appellant Dhiraj Singh was present at the spot at that time holding mobile in his hand. The two tempoes were found loaded with ball bearings with markings of foreign origin. The search of the godown was also taken and from there also ball bearings of foreign origin were recovered. The tempoes and the ball bearings were taken to the office of the DRI where panchnama was drawn bearing the date 2.5.98. On the way to DRI office, from the godown, Attar Pal Singh appellant was also taken along while...
Tag this Judgment!Court : Delhi
Decided on : Aug-07-2002
Reported in : 99(2002)DLT561
V.S. Aggarwal, J. 1. This is an appeal filed by Raman Kumar Maggo directed against the judgment and order of sentence passed by the learned Additional Sessions Judge, Delhi dated 23rd August, 1999 and 24th August, 1999 respectively. The learned trial court held the appellant guilty of the offences punishable under Section 366, 376 and 324 Indian Penal Code. Thereupon the appellant was sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 2000/- for the offence punishable under Section 366 Indian Penal Code. In default of payment of fine he was to undergo further rigorous imprisonment for two months. He was further sentenced to undergo rigorous imprisonment for 10 years and a fine of Rs. 5,000/- for the offence punishable under Section 376 of the Indian Penal Code. In default of payment of fine he was to undergo further rigorous imprisonment for five months. Lastly for the offence punishable under Section 324 he was sentenced to undergo rigorous imprisonment...
Tag this Judgment!Court : Delhi
Decided on : Aug-08-2002
Reported in : 100(2002)DLT78
Dalveer Bhandari, J.1. These two Habeas Corpus petitions have been filed with almost identical reliefs. thereforee, we deem it appropriate to dispose of both these petitions by this common judgment.2. Criminal Writ 746/02 has been moved on behalf of four persons, namely, Partha Chhetri, Moti Prasad, Maheshwar Dahal and Aditi. According to the petitioner they are being held by the Special Cell, Lodhi Colony, presumably, under the powers conferred by the Foreigners Act. It is incorporated in the petition filed on 12.7.2002 that the morning newspapers published that they have been served with 'Quit India' notices. It is also mentioned in the petition that to the best of the petitioner's knowledge Partha Chhetri is an Indian citizen hailing from Siliguri and there are no legal or other proceedings against him in Nepal.3. In the petition it is prayed that a writ, order or direction in the nature of certiorari be issued for quashing the 'Quit India' notices. It is also prayed that the writ o...
Tag this Judgment!Court : Delhi
Decided on : Aug-16-2002
Reported in : AIR2003Delhi211; (2003)134PLR1
Usha Mehra, J.1. Appellant/plaintiff submitted her tender for the supply of 5000 street light brackets on 4th of June, 1965 to the respondent. The said tender was accepted and the supply order was placed on her on 8th June, 1965. According to the plaintiff, the said supply order contained incomplete information. The details were missing with regard to type of hold to be provided in the refectories. That the complete details were supplied to her only on 9th August, 1965, hence the delay in supply. Moreover for lack of details and delay in furnishing the details she suffered losses. She, thereforee, made claim for the balance payment, damages, interest and refund of the earnest money as well as the price of the goods supplied in excess, total claim amounting to Rs. 14,000/-.2. That the suit of the appellant was contested by the respondent inter alia, on the grounds that complete information was furnished in the supply order dated 8th June, 1965. Moreover as and when any information was s...
Tag this Judgment!Court : Delhi
Decided on : Aug-26-2002
Reported in : 2003(26)PTC590(Del)
C.K. Mahajan, J.1. By way of present suit, the plaintiff prays for permanent injunction in favor of plaintiff and against the defendants restraining them from manufacturing, selling and offering for sale directly or indirectly dealing in Blankets, Shawls, Lohis and other woollen piece made goods under the trade mark KASHGARI, trade mark Nos. 70, 100, 170, 111, Kailashgari, Vaishali, Alaknanda and Neelgiri and device of a Lamb as well as the mark KASHGIRI as part of their trading style and from any other mark or device which is deceptively similar to that of the plaintiff's trade mark and device.2. The plaintiff is a Government company dealing in manufacturing of woollen goods i.e. Kashgari Lohies, Shawls, Lohies, Blankets, Suiting etc. The plaintiff claims to be the user of marks being No. 70 Lohis, No. 100 Lohis, No. 170 Lohis, No. 111 Lohis, Kailashgiri (No. 3542), Alaknanda Lohis, Neelgiri Lohis and Vishali Lohis since 19.11.1974 to 25.5.1985. The plaintiff is the registered proprie...
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