Latest Cases

Union of India (Uoi) Vs. Arjan Singh

Court : Punjab and Haryana

Reported in : (1990)98PLR375

.....of 1988 as common questions of law arise in these appeals.2. in order to appreciate the contention raised, it is necessary to state a few relevant facts. land measuring 566.025 acres situate in the revenue estate of gobindpura was acquired by the punjab government vide notification no 13/2/78/jj-ii (8) pb/5408/e/act/5893 dated may 10, 1970 published on june 8, 1979 under section 4 of the land acquisition act, 1894 (for short, the act). declaration under section 6 of the act was published on october 26, 1979. the special land acquisition collector gave his award on march 31, 1981 the claimants, dissatisfied with the award got the reference under section 18 of the act made to the land acquisition court. the land acquisition court vide its award dated august 11, 1986 held that the collector had correctly assessed the compensation for the land acquired. however, it allowed to the claimants the benefit under section 23(1a) and 23(2) of the act as amended by act 68 of 1984 (for short, the amending act) and also interest at the rate of 9 per cent per annum for a period of one year from the date of taking possession of the acquired land and thereafter at the rate of 15 per cent upto.....

Punjab School Education Board, Through Its Secretary and anr. Vs. Jarn ...

Court : Punjab and Haryana

Reported in : (1990)98PLR438

orderj.v. gupta, acting c.j. 1. this revision petition is directed against the order of the trial court dated september 19, 1988, whereby the application for setting aside the order initiating of the ex-parte proceedings dated july 26, 1988, was dismissed on the ground that the same was not maintainable, as it was not supported by an affidavit. that very day, after passing the said order, the plaintiff was examined as p.w. 1 and ex parte evidence was also closed.2. though the petition was admitted on september 30, 1988, yet further proceedings were not stayed by this court. in case the suit has come to an end, this petition has become in fructuous and is liable to be dismissed as such. however, in case the suit is still pending, the impugned order is liable to be set aside as it was no ground to dismiss the application that it was not supported by an affidavit in that situation, necessary affidavit will be filed by the defendant-petitioner on payment of rs. 100/- as costs failing which this petition will stand dismissed.

Life Insurance Corporation of India Vs. Shri Ranjit Rattan Mehra

Court : Punjab and Haryana

Reported in : (1990)98PLR638

orderj.v. gupta, acting c.j.1. this petition is directed against the order of rent controller dated 12th february, 1988, whereby an application for treating issue no. 2 as preliminary filed on behalf of the tenant was dismissed.2. in the ejectment application filed under section 13 of the east punjab urban rent restriction. act, one of the issues framed was, 'whether the applicant has no locus standi to file the present application ?' the burden of this issue was on the tenant/respondent in the ejectment application he wasted the said issue to be treated as preliminary but the learned rent controller declined the same on the ground that this controversy can be resolved on the basis of the evidence, and, therefore, there can be no use of treating the said issue as preliminary.3. learned counsel for the petitioner submitted at the bar that the onus of the said issue is on the tenant and he does not have to lead any evidence in support of this issue. according to the learned counsel, the issue is a legal one and can be decided on the pleadings of the parties. in view of this statement of learned counsel for the petitioner, it is directed that the said issue be treated as preliminary.....

Greater Kailash-ii Welfare Association and anr. Vs. Municipal Corporat ...

Court : Delhi

Reported in : 42(1990)DLT87

.....going to be used for group housing. (4) before going into the legal contentions raised by the petitioners, it will be necessary to advert to a few facts. (5) respondent no. 3 is stated to be a coloniser. from the facts on record, including the facts as revealed by i he resolution dated 3rd may. 1989, it appears that respondent no. 3 developed 16 colonies in delhi. the lay out plans of these colonies had to be approved by the erstwhile improvement trust and thereafter by the municipal committee and the municipal corporation of delhi. the land in respect of these colonies was purchased by respondent no. 3 and thereafter building plans were submitted. (6) the municipal bye-laws require that certain areas in the colonies was to be kept as open spaces meant for parks, roads and other services whereas certain other areas had to be kept as open sites meant for public utility buildings. (7) there has been an on-going litigation between respondent no. 3 and the municipal corporation of delhi since 1965 with regard to open spaces and open sites. the case of respondent no. 3 has been that they were obliged to hand over to the municipal corporation of delhi open spaces without charging any.....

State (Delhi Administration) Vs. Ram Singh

Court : Delhi

Reported in : 42(1990)DLT183; 1990(19)DRJ103

.....case is that the accounts. used to be maintained by shri srivastava, head clerk and shri hardayal who used to write the cash book and the ledger. in fact, he was not working as a cashier but was only designated as such because of the circular of the directorate of education, be being the seniormost clerk in the school. the defense witnesses supported the stand of the accused in oil its material particulars. (5) on careful examination of the oral and documentary evidence proved on record, the special judge concluded that the prosecution has- not been able to prove the charge and thus acquitted the accused giving him the benefit of doubt. it is against this judgment dated 27-9-1979 that the state has filed the present appeal. (6) shri k.k.bakshi, learned counsel for the state in a half-hearted manner referred to and relied upon the statements of only two witnesses smt. savitri keshav,pw-2 and smt. naima saeed,pw-ll, the complainant to substantiate the charge of defalcation and embezzlement of various amounts of salary after forging the signature of the complainant. reference was also made to the testimony of the handwriting expert shri m.k.jain (pw-4). (7) we have heard learned.....

Ved Prkakash @ Ved Pal Vs. State

Court : Delhi

Reported in : ILR1990Delhi423

.....judge, convicting the appellant u/s 302 indian penal code . and sentencing him to imprisonment for life, by his order dated 11-12-1986. the brief facts of the case are:(2) shri ravinder goswamy, inspector, desu (p.w. ii) was present, near the railway station, outer ring road, to execute electrification work, when at 10.30 a.m. he saw a dead body of a woman lying near the bridge along with the railway lines. he immediately informed the duty officer h. c. ram kumar (pw-13) posted at police post chowk makbara. the head constable in turn, conveyed the information to s.i. tapraj singh (pw-15), duty officer at police station adarsh nagar. he recorded this information in .the daily diary at seriall no 5-a. its copy (public witness -1510 was entrusted to si bhoop singh (public witness -17) to look into the matter. bhoop singh along with other police officers went to the railway bridge where he met hari singh and his son raghbir singh, public witness s. hari singh identified the dead body as that of his daughter santosh wife of accused ved prakash. the s.i. recorded the statement of hari singh (public witness -l/d) underneath which he made his endorsement (public witness -15/a) and.....

A. Srinivasamurthy Vs. Chairman, Bangalore Development Authority

Court : Karnataka State Consumer Disputes Redressal Commission SCDRC

.....till the incubation period is over. failure on the part of the bangalore development authority in providing clear safe environment is a heinous fact of negligence and indifference. the bda was bound to eradicate the menace of stray dogs and it has failed to do its duty towards the tax-payers including the complainant. hence he has filed this complaint claiming a compensation of rs. 2 lakhs ,1 lakh to each of his daughters for their marriage - as he apprehends that he may die due to rabies as the result of stray dog bite. (3) the complaint is resisted by the bda by contending inter alia that the complaint is liable to be dismissed as no valid notice under section 64 of the b.d.a. act has been given to the respondent by the complainant; that the complainant has to prove that he was bitten by a stray dog and that it was rabid; that the b.d.a. provides all basic amenities in the layout under its charge till they are handed over to the city corporation; that it is impossible for any civic body anywhere in the world to guarantee total absence of stray dogs and cases of dog bites in large cities; that there is no consumer dispute that could be entertained in this case by the.....

Plastic Duniya Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1990)(50)ELT298TriDel

.....act with an option to redeem the same on payment of a redemption fine of rs. 30,000/-, the appellants have filed their present appeal.2. short facts so far as relevant for the purpose of this appeal are that the appellants imported video cassette mould. the goods were shipped on 30-3-1988 and arrived in india on 2-4-1988. in terms of para 22a of appendix 6 of the relevant import & export policy for the year april 1985 - march 1988 the importers were required to be registered as industrial units and eligible to the import made. after the arrival of the goods on 2-4-1988 the appellants requested to the adjudicating authority for waiver of show cause notice and also the personal hearing. accordingly, the additional collector of customs adjudicated the case and held that the imported goods were liable to confiscation under section 111(d) of the customs act in the absence of a valid licence and also to personal penalty under section 112(a) of the act.however, he ordered for the confiscation of the subject goods with an option to redeem the same as aforesaid and refrained himself from imposing any personal penalty in the fact and circumstances of the case.3. shri s.p......

Raj Kishore Gupta and ors. Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1991)(33)LC184Tri(Delhi)

.....order for all the three reference applications is being passed. (i) whether the hon'ble tribunal was right in upholding the order in the face of the fact that there is no express finding regarding liability of confiscation to gold alleged to be delivered to the appellant. (ii) whether or not the decision and order of hon'ble tribunal is perverse as being without evidence and also being opposed to the evidence. (iii) whether or not the hon'ble tribunal was right in relying upon the statement of s/shri u. k. agarwal and m. k. aggarwal which had not been recorded in accordance with the provisions of section 108 of the customs act, 1962 and in circumstances which did not induce any confidence as to its voluntary nature? (iv) whether or not the hon'ble tribunal could treat the said two statements to have been recorded under section 108 of the customs act, 1962, considering that the said two persons were transferred from police custody to customs custody? (vi) whether order of the north regional bench of cegat dated 20.11.1989 upholding penalty of rs. 2.50.000/- upon the applicant, shri raj krishan gupta under section 112 of the customs act, 1962 can be held to be justified in view of.....

Assam State Transport Corporation Vs. Kamurun Nessa Mazumdar and ors.

Court : Guwahati

.....and submitted a charge-sheet against him. no case was taken up against the driver of the truck. on consideration of the evidence on record and the facts and circumstances of the case, i find no justification for arriving at a finding of contributory negligence on the part of the driver of the vehicle of the claimants. in that view of the matter, the finding regarding contributory negligence cannot be sustained. the question of apportionment of the claim between the corporation and the claimants, therefore, does not arise.6. turning to the question of compensation, i find that the claim under different heads had been proved by the claimants to the satisfaction of the learned tribunal. there is material on record to justify the finding of the learned tribunal in regard to the quantum of damages. the total claim was for rs. 26,469/-out of which a sum of rs. 2,000/- related to the loss of income from the truck which was not allowable. the balance amount of rs. 24,469/-comprised of a sum of rs. 23,819/- on account of repairs of the vehicle which was fully proved by the claimants before the learned tribunal. the balance claim for rs. 650/- was also accepted by the tribunal. i do not.....