Delhi Court October 1967 Judgments
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Golconda Industries Private Ltd. Vs. Registrar of Companies
Court: Delhi
Decided on: Oct-20-1967
Reported in: AIR1968Delhi170; [1968]38CompCas165(Delhi)
Kapur, J.1. Golconda Industries Private Limited (hereafter referred to as the appellant-company) alltoted 496 shares of the face value of Rs. 100 each to various persons, some of whom, at the time of alltoment, were minors. It is claimed on behalf of the appellant-company that all the alltoments made to the minors were in pursuance of contracts entered into by them through their guardians. Pursuant to section 75(1) of the Companies Act, 1956, the appellant-company submitted a return of the alltoments of the said 496 shares to the Registrar of Companies, respondent on April 9, 1963. The Registrar of Companies treated the return as defective on the ground that certain shares had been alltoted to minors and, thereforee, declined to register the return. This was done by the Registrar in pursuance of the purported exercise of power under Regulation 17(2) of the Companies Regulations framed by the Central Government. The Regulations have been framed under section 609 of the said Act which em...
K.C. Machanda Vs. Murree Brewery Co., Rawalpindi
Court: Delhi
Decided on: Oct-20-1967
Reported in: AIR1968Delhi167
ORDER(1) We are called upon to answer the following question which had been referred to us by a Bench consisting of Hegde, C. J. and Shankar, J: 'Whether the 'court' referred to in section 28 of the Displaced Persons (Debts Adjustment) Act, 1951, can consider the validity of the decree passed by it as a Tribunal?' The Letters Patent Appeal is directed against the judgment of a learned Single Judge of the Punjab High Court in first appeal from order of Shri M. L. Verma, Subordinate Judge 1st Class, Delhi, made in the course of execution of an order made by a Tribunal at Amritsar under the Displaced Persons (Debt Adjustment) Act, 1951 (hereinafter called the Act). In order to understand the precise controversy giving rise to the question referred, it may be pointed out that Shri K. C. Manchanda (appellant in this Court) made an application under section 13 of the Act before the Tribunal constituted under the Act at Amritsar against M/s Murree Brewery Company Rawalpindi (Pakistan) (herein...
Ballabh Dass Aggarwal Vs. New Delhi Municipal Committee and anr.
Court: Delhi
Decided on: Oct-14-1967
Reported in: 35(1988)DLT94
Sunanda Bhandare, J.(1) This petition under Article 227 of the Constitution of India is directed against the order of the Additional District Magistrate, Delhi dated 20th December 1972 whereby the learned Judge disposed of three house-tax appeals for the assessment years 1970-71, 1971-72 and 1972-73 and set aside the enhancement of annual value of property bearing no. 4, Tolstoy Marg, New Delhi from Rs. 30.000.00 to Rs. 58,740.00 and remanded the case back to the New Delhi Municipal Committee for assessment of the out-house of the said property. (2) The main contention of the petitioner in this case is that once the standard rent was fixed, merely because the petitioner was paying property tax on the basis of annual value of Rs. 30.000.00 in the past could nto by the criteria for fixing annual value for that building even in the future. As regards the outhouse, the contention is that the annual value was fixed at Rs. 270.00 on the basis of standard rent and there was no necessity of re...
University of Delhi Vs. Ashok Kumar Chopra and anr.
Court: Delhi
Decided on: Oct-09-1967
Reported in: AIR1968Delhi131; 4(1968)DLT4
1. These three appeals under Clause 10 of the Letters Patent are against the common judgment dated 26-5-1967 of Tatachari, J. allowing three writ petitions filed by the first respondent in each of these three Letters Patent Appeals. This judgment will dispose of all the three appeals. Shri Chittaranjan Das Sharma, the first respondent in L. P. Appeal No. 70 of 1967 and petitioner in Civil Writ Petition No. 231 of 1967 passed the Secondary school Certificate Examination Board Baroda. In July, 1965, he applied for admission in Deshbandhu college, New Delhi, for studying B. A. (Pass Course) of the University of Delhi. In his application dated 7-7-1965 in the prescribed form, he furnished all the required particulars including the examination passed by him. The Principal of the College accepted his application and admitted him provisionally to the B. a. First Year class on his payment of fees subject to the approval of the University. On 6-9-1965, antoher application, in the prescribed for...
Chinti Etc. Vs. Daultu Etc. Overruled
Court: Delhi
Decided on: Oct-09-1967
Reported in: AIR1968Delhi264; 4(1968)DLT444
I.D. Dua, C.J.(1) The following question has been referred by Andley, J. For answer by this Bench:--'Whether a gift made before the commencement of the Hindu Succession Act, 1956, by a widow at a time when she was a limited owner having only a life estate in favor of her daughter remains a gift only for the life time of the widow or does the daughter become a full owner of the gifted property by virtue of section 14 of the said Act when the daughter donee is in possession of the gifted property upon the date of the commencement of the said Act,'It is unnecessary to State the facts of the present case because we are only concerned with the abstract question referred. The reference, it may be pointed out, was necessitated because of a decision of the learned Judicial Commissioner of Himachal Pradesh (C. B. Cappor, J. C.) in Smt. Sumitra v. Smt. Maharaju, . According to the learned Judicial Commissioner, it was nto the intention of the Legislature, while enacting section 14 of the Hindu S...
Delhi Cloth and General Mills Co. Ltd., Delhi Vs. Municipal Corporatio ...
Court: Delhi
Decided on: Oct-09-1967
Reported in: AIR1969Delhi159
1. This judgment will dispose of Civil Writ Petitions Nos. 104 of 1967, 105 of 1967, 563-D of 1966 and 564-D of 1966.2. On February 9, 1959, the Delhi Municipal Corporation passed a resolution purporting to be under Sub-section (1) of Section 150 of the Delhi Municipal Corpora- corporation Act, 1957 (hereafter referred to as the said Act) for the levy of three taxes-(i) Local rate on land revenues; (ii) A tax on the consumption or sale of electricity; and (iii) Toll fax.All these three taxes are optional under Sub-section (2) of Section 113 of the said Act. Although Sub-section (1) of Section 150 of the said Act requires the resolution to define the maximum rate of tax to be levied, yet the said resolution only specified the rates of taxes without expressly mentioning that they were the maximum rates. The opening part of the resolution reads:'Resolved that as required under the provisions of Sub-section (1) of Section 150, read with Sub-section (2) of Section 109 of the Delhi Municipa...
Registrar of Delhi University Vs. Ashok Kumar Chopra and anr.
Court: Delhi
Decided on: Oct-09-1967
Reported in: ILR1968Delhi364
M.M. Ismail, J.(1) These three appeals under Clause 10 of the Letters Patent are against the common judgment dated 26/5/1967 of Tatachari, J. allowing three writ petitions filed by the first respondent in each of these three Letters Patent Appeals. This judgment will dispose of all the three appeals. Shri Chittaranjan Das Sharma, the first respondent in L.P. Appeal No. 70 of 1967 and the petitioner in Civil Writ petition No. 231 of 1967 passed the Secondary School Certificate Examination in March 1963 conducted by the Gujarat Secondary School Certificate Examination Board, Baroda. In July, 1965, he applied for admission in Deshbandhu College, New Delhi, for studying in B.A. (Pass Course) of the University of Delhi. In his application dated 7/7/1965 in the prescribed form, he furnished all the required particulars including the examination passed by him. The Principal of the College accepted his application and admitted him provisionally to the B.A. First year class on his payment of fe...
Gian Chand Bali Vs. L.P. Singh
Court: Delhi
Decided on: Oct-09-1967
Reported in: 4(1968)DLT135
D. Dua, C.J.(1) The Judgment of the Court was delivered by:- -This application under section 3 and 4 &t; the Contempt of Courts Act No 32 of 19)2 against (1) Shri 1. P. Singh. 1. C. S., Secretary, Ministry of Home Affairs, Government of India, New Delhi, (2) Shri A. D Pande, 1. A. S Joint Secretary, Ministary of Home Affairs, Government of India, New Delhi, (3) Shri T. S. Negi. 1. A. S, the then Chief Secretary, Government of Himachal Pradesh, Simla, (4) Shri S. C Bhatnagar, the then Secretary (Excise) to Himachal Pradesh Government, Simla, (5) Shri K. R. Chandel, I.A.S. Secretary (Appointment) to Government. Himichal Pradesh, Simla is based on the following averments. Gian Chand Ball, Assistant Exicise and Taxation Comissioner, Himachal Pradesh, Petitioner Joined Police Department in permanent capacity in the North west Frontier Province of Pre-Partition India on 1st March 1930. He was transferred to Delhi ^Police Service (PunJab,India) an 13th August 194/ and Joined duty as Deputy Su...
Ashok Kumar Vs. Administrator Himachal Pradesh
Court: Delhi
Decided on: Oct-06-1967
Reported in: 4(1968)DLT82
S.N. Shanker, J.(1) This Letters Patent appeal is directed against the order of a learned Single Judge of this Court hol- ding that no right of the petitioner had been violated and that the writ petition filed by him deserved to be dismissed. (2) Briefly stated the facts of the ca?e are that on 15th February, 1957, the petitioner Joined servica in the office of the inspector General of Police, Himachal Pradesh as a junior clerk. On 1st of June, 1959, he was confirmed in that post. In August 1963 a vacancy of senior clerk arose in the office and the petitioner even though he continusd to hold the post of the junior clerk was assigned the duties of the senior clerk. On 1st of June 1964, however, on the recommendation of the Deparmental Promtoion Committee, he was promtoed to officiate as asenior clerk with effect from August, 1963, in the same office. (3) It appears that at this very time when the petitioner was appointed as a senior clerk, respondent No. 4, Shesh Kumar, held the post of...
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