Delhi Court August 1967 Judgments
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Sheila Kapur and ors. Vs. the Chief Commissioner, Delhi and ors.
Court: Delhi
Decided on: Aug-30-1967
Reported in: AIR1968Delhi146a
(1) This appeal is directed against an order of a learned Single Judge of this Court, whereby a petition of the appellants, under Arts. 226 and 227 of the Constitution, for the issue of a writ of mandamus, was dismissed. The petition was based on the following allegations:-The appellants owned land in village Mohamedpur Manikra, Tehsil Delhi. The land was held for purposes of construction. The Union of India, respondent No. 3, had acquired 1,100 acres of land, including the land of the appellants for a Housing Scheme in 1957. It was the condition of the acquisition that respondent NO. 3 was to alltoe alternative developed pltos of land to the persons, whose land had been acquired and which had been held by the owners for bona fide purposes of construction. This was conveyed by respondent No. 3, to the appellants through his Secretary. The Government had also issued a brouchure, which contained questions and answers. Answer to question No. 4 provided that developed pltos of land would b...
inder SaIn Bakshi S/O Bakshi Anant Ram Vs. Union of India, Through Sec ...
Court: Delhi
Decided on: Aug-29-1967
Reported in: AIR1969Delhi220
1. This second appeal arises out of a suit for declaration filed by the appellant against the Union of India.2. The appellant's case was that he was a Civilian employee of the defense Department of the Government of India, having been appointed in 1924 in the Military Farms Department, subsequently called the Remount Veterinary and Farms Corps of the defense Services. He was a permanent hand in the said Service and was promoted to the rank of temporary Manager in the year 1944, which post he held until 1951 when he was down-graded. In June 1950, the Deputy Assistant Director of Remount Veterinary Farms, Army Headquarters, paid a surprise check-up visit to the appellant's farm at Mhow where the appellant was the Manager and inspected the stores. On the basis of the check-up results the appellant was suspended on 26-6-1950 and was simultaneously transferred to Namkum in Bihar, At Namkum, a charge-sheet dated 14-7-1950 was served on the appellant on 20-7-1950 and he was directed to submit...
R B Jodha Mal Kauthiala Vs. Commissioner of Income-tax Delhi.
Court: Delhi
Decided on: Aug-24-1967
Reported in: [1967]66ITR319(Delhi)
R. B. Jodha Mal Kuthiala (hereafter referred to as the assessed) is a partnership firm and the dispute in this case relates to the accounting period ended 31st October, 1954, relevant to the assessment year 1955-56. The assessed field its loss return for the assessment year 1955-56 on October 16, 1959. On that day the time prescribed by section 22 (2A) of the Indian Income-tax Act, 1922, for filing the loss return, had expired and neither the assessed asked for an extension of time nor was the same granted by the Income-tax Officer suo mtou. The Income-tax Officer treated the return as invalid and said :&quto;As such the return field by the assessed is invalid and is accordingly field.&quto;The Income-tax Officer, thereforee, did nto actually compute the profit or loss of the assessed. The assessed preferred an appeal to the Appellate Assistant Commissioner and contended that the return field by it was a valid one. The Appellate Assistant Commissioner decided that the appeal under sect...
Commissioner of Income-tax Vs. Bharat Insurance Co. Ltd.
Court: Delhi
Decided on: Aug-24-1967
Reported in: [1968]67ITR250(Delhi)
1. The following question of law has been referred to this court by the Income-tax Appellate Tribunal under Section 66(1) of the Indian Income-tax Act, 1922 : ' Whether, on the facts and in the circumstances of the case, the sum of Rs. 33,905 was nto taxable in the hands of the assessed-company in the assessment year 1959-60 as gross external incomings of the previous year '2. The question relates to the accounting year relevant to the assessment year 1959-60, being the year ended December 31, 1958. 3. Bharat Insurance Company Limited (hereafter referred to as the assessed-company) carries on insurance business. The policyholders of the assessed-company paid certain amounts during earlier years on account of the premiums due on their policies. From the order of the Income-tax Officer it appears that the excess premium was entered in the books of the assessed-company in the premium deposit account. In the relevant accounting period the assessed-company transferred the sum of Rs. 33,905 ...
Vijay Shree (Private) Ltd. Vs. Commissioner of Income-tax, Delhi.
Court: Delhi
Decided on: Aug-24-1967
Reported in: [1968]67ITR420(Delhi)
At the instance of the assessed-company, the Income-tax Appellate tribunal (Delhi Bench 3), has referred the following question of law for the opinion of this court under section 66 (1) of the Indian Income-tax Act, 1922 :&quto;Whether the expenditure of Rs. 1,40,780 paid as lease rent enhanced the value of the buildings constructed on the leasehold land and was, thereforee, entitled to depreciation ?&quto;The assessed-company (hereinafter referred to as &quto;the company&quto;) was incorporated as a private limited company on January 3, 1950. On June 16, 1952, it entered into an agreement with the Delhi Improvement Trust for the lease of a plto of vacant land at Rohtak Road, at a rent of Rs. 40,000 per annum for a period of 30 years for erecting a cinema theatre. Under the terms of the lease the company was to erect upon the land within six months from the date of the approval of the building plans by competent authorities, to be submitted within two months from July, 11, 1952, a subs...
Ali Hasan Vs. M.S. Shami and anr.
Court: Delhi
Decided on: Aug-18-1967
Reported in: 3(1967)DLT681
M.M. Ismail, J. (1) The petitioner herein is a tenant of one room along with kitchen, latrine and small courtyard at the first floor of House No. 5195, situate at Sadar Thana Road, Ward No. Xiv, Delhi, of which the second respondent herein is the landlady. The second respondent filed an application before the Competent Authority, under section 19 of the Slum Area (Improvement & Clearance) Act, 1956, for permission to institute a suit or toher proceedings for obtaining a decree or order for the eviction of the petitioner from the premises in question. In that application, the second respondent put forward two grounds for obtaining an order of eviction against the petitioner, viz., non-payment of rent and the bona fids requirement for the occupation of the landlady. In that application, the second respondent further stated: 'THATthe tenant is a man of status and means and can have alternative accommodation in case an order for eviction is passed against the tenant.'On 27th October, 1965,...
The State Vs. Bhawani Singh and ors.
Court: Delhi
Decided on: Aug-16-1967
Reported in: 1968CriLJ1265; 4(1968)DLT174a
I.D. Dua, C.J.(1) This case is second of its kind. The first one which was the subject-matter of Criminal Original Petition No. 2 of 1967, State v. Bhawani Singh, A.S.I., was disposed of by a Full Bench of this Court on 27-6-1967 (Delhi HB). The incident which gave rise to the proceedings in the prior case took place at Keylong on 6-5-1967. The incident with which we are concerned in the present proceedings occurred sometime in June, 1967 though it has its rotos in the action taken by the Police Authorities at Keylong in January, 1967. From the order of the learned Magistrate 1st Class, Lahaul at Keylong dated 15-6-1967 made on a miscellaneous application presented to that Court by one Shri Phunchog Angrup, son of Shri Namgyal under Section 523, Criminal Procedure Code, the following facts emerge. As alleged in that application, on 2-1-1967 at about 8 A. M., the local police Keylong had raided Shri Phunchog Angrup's residential house and conducted its search till about 5 P. M., in the ...
State Vs. Bhawani Singh and ors.
Court: Delhi
Decided on: Aug-16-1967
Reported in: AIR1968Delhi208; 4(1968)DLT174
I.D. Dua, C.J. (1) The Judgment of the Court was delivered by This case is second of its kind. the first one which was the subject-matter of Criminal Original Petition No. 2 of 1967 (State v. Bhawani Singh, A S. I.) was disposed of by a Full Bench of this Court on 27th June, 1967. The incident which gave rise to the proceedings in the prior case took place at Keylong on 6th May, 1967. The incident with which we are concerned in the present proceedings occurred sometime in June, 1967, though it has its rotos in the action taken by the police authorities at Keylong in January, 1967. From the order of the learned Magistrate 1st Class, Lahoul at Keylong dated 15th June, 1967 made on a miscapplication presented to that Court by one Shri Phunchog Angrup son of Shri Namgyal under section 523, Criminal Procedure Code, the following facts emerge. As alleged in that application, on 2nd January, 1967 at about 8 A. M., the local police Keylong had raided Shri Phunchog Angrup's residential house an...
State Vs. Bhavani Singh
Court: Delhi
Decided on: Aug-16-1967
Reported in: AIR1968Delhi208a; ILR1968Delhi1
I.D. Dua, J.(1) On 6/5/1967, an application was(2) What happened on presentation of this application, had better be reproduced as stated in the orders of the learned Magistrate himself : - 'IMMEDIATELYon receipt of the application at my residence a written order was issued to the said S.H.O. to produce the accused Along with necessary papers i.e. F.T.R. and Zimnis etc. and gto the same served on him as per my peon. But the the S.H.O. who was in the Police Station appeared before me at 9.30 p.m. and that also without the accused and any papers regarding arrest and the offence committed, if any, stating that the accused was in the Police Station and that no F.I.R. or toher papers were ready. Thus, the arrest naturally being illegal and uncalled for the release of the accused was ordered on bail subject to his entering into a bond of Rs. 100.00 with a surety in the like amount and I asked the S.H.O. buth verbally and in writing to produce the accused for the execution of the requisite bon...
Narang Industries Ltd. Vs. Commissioner of Income-tax, New Delhi.
Court: Delhi
Decided on: Aug-14-1967
Reported in: [1967]66ITR316(Delhi)
The following question of law has been referred to this court by the Income-tax Appellate Tribunal under section 66(1) of the Indian Income-tax Act, 1922 :&quto;Was the claim of Rs. 15,700 written off in the circumstances mentioned above, a permissible deduction as a bad debt ?&quto;Narang Industries Limited (hereafter referred to as the assessed-company) is a public limited company owning a distillery. The assessed-company mainly derives its income from running a distillery. In 1947, one Shri Prem Singh approached the assessed-company with a scheme for manufacture of bricks. An arrangement was arrived at between the assessed-company and said Shri Prem Singh to start a brick kiln and the terms of the arrangement were confirmed by the assessed-company by letter dated February 17, 1947. Under that letter the assessed-company, inter alia, agreed to &quto;take up the business on the following terms and conditions&quto; :(a) That the assessed-company shall finance the business up to the amo...
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