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Aug 22 1997 (HC)

Talvinder Singh and ors. Vs. State (Delhi Admn.)

Court : Delhi

Reported in : 1998(44)DRJ175; (1998)118PLR49

Anil Dev Singh, J.1. This is an appeal against the order dated June 6, 1994 passed by the learned Additional Sessions Judge whereby the appellants were convicted under section 20 of the N.D.P.S. Act and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1,00,000/- each, and in default of payment of fine to undergo further rigorous imprisonment for a period of one year. The facts leading to the appeal are as under :2. On 25th September, 1989 a secret information was received by Inspector Ram Kishan that a truck bearing No. DIG 9362 was carrying contraband. Pursuant to the information, on the night intervening 25th and 26th September 1989 a raiding party was organized and the truck bearing No.DIG 9362 was intercepted at G.T. Road Shahdara Check Post. At that time appellants No.1 to 4 and Narender Singh Narang were found to be in the truck. According to the prosecution, appellant No.1 was the driver of the truck, appellant No.3 was a helper, appel...

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Aug 22 1997 (HC)

State Vs. Ajay Kumar Singh and ors.

Court : Delhi

Reported in : 1998IAD(Delhi)639; 69(1997)DLT797

Arun Kumar, J. (1) This murder reference and the connected appeals arise from the judgment dated 28th May, 1996 passed by a learned Addl. Sessions Judge, Delhi. In all five accused had been tried for offences under Sections 302/307/120B, IPC. Accused Ajay Kumar Singh was also charged for an offence under Sections 27/54 of the Arms Act, 1959. Accused Rajender Kumar died during the course of the trial. All the remaining four accused were convicted and sentenced to life imprisonment and fines and in default of payment of fine further imprisonment etc. Accused Ajay Kumar Singh was also awarded death sentence under Section 302, Indian Penal Code . for committing the murder of Mukesh Kumar. For the offences under Sections 120B and 307/34, Indian Penal Code . he was awarded sentences for life imprisonment besides fines. He was also awarded the sentence of imprisonment for seven years and fine for conviction under the Arms Act. Accused Sudhir Jain was sentenced to imprisonment for life under S...

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Aug 22 1997 (HC)

Macdowell and Co. Ltd. Vs. Municipal Corporation of Delhi

Court : Delhi

Reported in : 1997VIAD(Delhi)191; 68(1997)DLT767; 1997(43)DRJ42

Devinder Gupta, J. (1) Writ of Mandamus directing respondents 1 to 3 to transfer/mutate the portion of the property, namely, west half wing comprising of the basement, ground floor, the entire first floor and western half of the barsati floor with land under-heath at F.44-A, New Delhi South Extension Part-I, New Delhi in favor of the petitioner with further direction to quash the warrant of distress and attachment orders (annexure-VI and VII) dated 7.10.1988 and 13.10.1988 respectively and to restrain the respondents from collecting arrears of Municipal Property Tax amounting to Rs.1,82,918.00 or any other arrears of Municipal Tax as reflected in the bill (annexure-V) pertaining to the predecessors in interest of the petitioner or the other co-owners of the property in occupation of the other half is sought in this petition instituted on 19.10.1988. (2) It is the petitioner's case that through an agreement of sale dated 23.6.1983 entered into between the petitioner and respondent No.5,...

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Aug 22 1997 (HC)

Mohd. Suleman Vs. Delhi Development Authority

Court : Delhi

Reported in : 1997VAD(Delhi)588; 68(1997)DLT351; 1997(42)DRJ655

Devinder Gupta, J.(1) Petitioner on 14.1.1991 filed Writ Petition No. 165/91 seeking allotment and delivery of plot/shop situated in Fruit and Vegetable Market, Okhla by way of an alternate allotment in lieu of an area near Jama Masjid, from where he had been operating from which place he was evicted in the year 1976 under the Scheme of Clearance of Shopkeepers carrying on business in the Jama Masjit Area, Delhi. The said writ petition was disposed of on settlement arrived at amongst parties in the following terms : 'COUNSEL for the parties are agreed that the claim of the petitioner will be satisfied with the allotment of a vegetable stall in favor of the petitioner in Block-A at Anand Vihar, Delhi. Ordered accordingly. THE petition and the applications are disposed of in the aforesaid terms.' WHEN no allotment was made in petitioner's favor despite the above agreement and despite the petitioner having approached the respondents through representations, the petitioner sought further d...

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Aug 22 1997 (HC)

Gaurav Enterprises Vs. Delhi Development Authority

Court : Delhi

Reported in : 1997VIAD(Delhi)204; 68(1997)DLT756; 1997(43)DRJ13

Devinder Gupta, J.(1) The petitioner is seeking direction against the respondent to withdraw letter (annexure-P) dated 13.10.1995 with further direction to allot to it C.S.C. Plot No.6, Sector 15, Rohini, New Delhi at the auction rate i.e. taking the bid amount divided by the area of the plot announced at the time of auction. (2) The admitted facts are that in July, 1994, the respondent announced the auction of Convenient Shopping Centre Site No.6, Sector 15, Rohini, New Delhi measuring 1285.51 sq.mts., which was to take place on 26.8.194 at 11.30 a.m. at D.D.A.Auction Hall, Vikas Sadan, I.N.A. Market, New Delhi. The user prescribed was shop-cum- office. The auction took place on the specified date as per the terms and conditions of auction annexure-B. The petitioner was declared the highest bidder at a premium of Rs.24,35,000.00 . Clause 2(vii) of the terms and conditions of auction inter alias provide that the size of the plot announced by the respondent was only approximate; and the...

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Aug 22 1997 (HC)

Deepak Kumar Singh Vs. Union of India

Court : Delhi

Reported in : 1997VIAD(Delhi)185; 68(1997)DLT788; 1997(43)DRJ4

Devinder Gupta, J. (1) The petitioner has sought the quashing of order of discharge dated 3.12.1993 with direction to the respondents to reinstate him with full back wages and all consequential benefits. In the alternative, the petitioner has prayed for issuance of a writ of mandamus directing the respondents to award disability medical pension to him (2) The petitioner was enrolled in the Indian Air Force on 22.3.1991 as Airman in the Trade - 'Photo Technician'. According to the petitioner, a board of Medical Officers, which conducted medical examination before his entry to the Air Force declared him fit in all respects and made no note of any disease or disability in the documents of his enrolment. In November, 1992, the petitioner completed initial training and was qualified as Aircraftsman and was posted in No.2 Sqn.Air Force. In May, 1993 he was sent on posting to E & I.T.I., Jalahalli East, Bangalore for conversion course from Photo Technician to Photo Filter Trade. It is further...

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Aug 22 1997 (HC)

S. Darshan Singh Kohli Vs. Kusum Anand

Court : Delhi

Reported in : 1997VAD(Delhi)105; 68(1997)DLT438; 1997(43)DRJ195

C.M. Nayar, J. (1) The present suit is filed by the plaintiffs for recovery of possession and mesne profits and for issuance of perpetual injunction. The following reliefs are prayed: (a) Possession of the suit premises be delivered to the plaintiffs; (b) Perpetual injunction be issued against the defendant not to use the premises for any purposes other than for residence of the defendant and/or for members of her family and not to run any school over there; (c) Mesne profit @ Rs. 3,000.00 per month w.e.f. January 1, 1978 be allowed until possession of the premises is restored back to the plaintiffs and interest @ 12% per annum be awarded thereon until recovery of the same. (2) The brief facts of the case are that the plaintiffs are owners of the property bearing No. 1/5, West Patel Nagar, New Delhi. This is a double storey house which the plaintiffs purchased from M/s Jawahar Mal & Sons some time in the year 1961. The land on which the said house was constructed was given on lease by ...

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Aug 22 1997 (HC)

Pamela Kumar Vs. Arun Mohan Etc.

Court : Delhi

Reported in : 1997VAD(Delhi)560; 68(1997)DLT359

Devinder Gupta, J.(1) We have heard the appellant, respondent No. 1 and respondent No. 3 in person, who -incidentally are practicing Advocates in this Court. (2) The appellant seeks to challenge the order passed on 9.9.1996 by learned Single Judge dismissing her eight miscellaneous applications ( I As 3342/96,6224/ 96, 6225/96, 6226/96, 6227/96, 7781/96. 8365/95 & 8366/96). The ground in rejecting the misc. applications being that prima facie the claim of the plaintiff is not tenable in law as she was already married before the death of her father, she cannot make any claim in the joint family of her father who had also executed a Will in respect of his interest in the property which had been duly proved in probate proceedings long ago. (3) Plaintiff in her suit for declaration, partition and rendition of accounts has prayed for: (i) declaration that daughters of a Joint Hindu Family have equal coparcenary rights as the sons of a Joint Hindu Family or in lieu of declaration, as a merci...

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Aug 21 1997 (HC)

Surinder Singh Vs. the State (Delhi Admn.)

Court : Delhi

Reported in : AIR1998Delhi140

Anil Dev Singh, J.1. The appellant has been convicted under section 15 of the N.D.P.S. Act (for short 'the Act') by Shri Kuldip Singh, Additional Sessions Judge, vide his order dated January 19,1993. By a subsequent order dated January 20, 1993 the petitioner has been sentenced to undergo ten years rigorous imprisonment and has been directed to pay a fine of Rs.1,00,000/-.2. On December 9, 1989 at about 4.35 P.M. the appellant was intercepted at the I.S.B.T. by the Investigating Officer SI Ram Sewak (PW-5), ASI Om Prakash and Constables Raj Pal and Rameshwar. On the search of the petitioner he was found in possession of 30 kgs. of poppy powder.3. This appeal raises a short point. The question to be determined is whether the petitioner was given notice under section 50 of the Act before his search was effected by the Investigating Officer. The learned Additional Sessions Judge has held that the prosecution was able to prove that a notice under section 50 of the Act was given to the appe...

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Aug 21 1997 (HC)

Muni Lal Vs. Municipal Corporation of Delhi

Court : Delhi

Reported in : 1997VAD(Delhi)909; AIR1998Delhi79; 69(1997)DLT386

M.S.A. Siddiqqi, J.(1) After hearing learned Counsel for the parties, I propose to dispose of the writ petition at the stage of admission itself. BY this writ petition under Article 226 of the Constitution the petitioner seeks an injunction against the respondents restraining it from constructing public latrines in front of the petitioner's house. The petitioner's grievance is that there is a proposal to rebuilt public latrines at points A & B, shown in the map annexed with the writ petition, which were demolished long ago on complaints made by the residents of the locality. His further grievance is that these public latrines, if allowed to be constructed will cause inconvenience and hardship to the petitioner.(2) Respondent denied the petitioner's case and alleged that the 'existing latrines block is being renovated/reconstructed.to provide better hygienic facilities to the residents of the locality. (3) It is significant that Section 359 of the D.M.C. Act (for short 'the Act') mandat...

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