Delhi Court March 1968 Judgments
Home Cases Delhi 1968 Page 1 of about 14 results (0.022 seconds)Mukhtiar Ahmed Vs. Himat Lal Bhatt and ors.
Court: Delhi
Reported in: 4(1968)DLT306
L.D. Dua, C.J. (1) The short point which falls for determination in this case is whether the appeal presented in the Court of the learned Senior Subordinate Judge, Delhi, from the decree to the trial Court dated 22nd May, 1961 was within time and if nto, then whether sufficient ground was made out for the condensation of delay and extension of time under section 5, Indian Limitation Act. . (2) .THE facts which are undisputed are that the decree to ba appealed ] from was made on 22nd May, 1961- According to the calculations, the appeal could have been filed on 24th June, 1961 when the lower Courts were closed for the summer vacation. An application for a certified copy of the judgment and the decree was made on 29th May, 1961. However, two days after the impugned decree, the appellant had presented the appeal in the Court of the Senior Subordinate Judge on 24th May, 1991, but the memorandum of appeal was nto accompanied by certified copies of the judgment and the decree. Instead he had ...
Tag this Judgment!Suraj Parkash Sabharwal Vs. Harbans Kaur and anr.
Court: Delhi
Reported in: ILR1968Delhi304
I.D. Dua, C.J.(1) This is a second appeal from order, presented under section 39 of the Delhi Rent Control Act, 1958 (hereafter called the Act) from the order of the learned Rent Control Tribunal dated 5/12/1967 dismissing the appellant's appeal from the order of the learned Additional Rent Controller dated 4/9/1967 rejecting the application of Suraj Parkash for setting aside the ex-parte order of eviction made on 27/5/1966.(2) It appears that in the proceedings for eviction, 27/5/1966 was fixed for the remaining evidence of the landlord and 2/6/1966 for the evidence of the tenant. On 27/5/1966, neither the tenant nor his counsel appeared at the hearing, with the result that on that very day, an ex-parte order of eviction was made against him. On an application for setting aside the ex-parte order having been made, btoh the Courts below, on a consideration of the evidence, have come to the concurrent conclusion that the tenant had nto shown any sufficient cause for his absence on 27/5/...
Tag this Judgment!Balwant Singh and ors. Vs. R.D. Sharma, Director of Inspection Income ...
Court: Delhi
Reported in: AIR1969Delhi91; ILR1968Delhi193
S.K. Kapur, J. (1) It will nto be an unfaithful summary of the history to say that for ages searches and seizures of documents and objects alleged to be incriminating have been responsible for many a battle at the bar. The safeguards of liberty of the subjects in this behalf have been forged out of conflicts between overzealous prosecutors on the one hand and nto very nice people on the toher. In preserving this liberty of the subjects the Courts always bear in mind that under our Constitution the concept of liberty is wider and the prisoner's dream of freedom from custody alone is nto liberty. The present writ petition is directed against searches conducted on 10/8/1966 at the residence of the petitioners at 35, Rajpur Road, Delhi, and toher places occupied by the petitioners in connection with their business by a group of officers headed by Shri Rajendra Mohan, Income-tax Officer, respondent No. 2. The search was held in pursuance of the various authorization issued by the Director o...
Tag this Judgment!Balwant Singh and Tohers Vs. R. D. Shah, Director of Inspection, Incom ...
Court: Delhi
Reported in: [1969]71ITR550(Delhi)
KAPUR J. - It will nto be an unfaithful summary of the history to say that for ages searches and seizure of documents and objects alleged to be incriminating have been responsible for many a battle at the bar. The safeguards of liberty of the subject in this behalf have been forged out of conflicts between over-zealous prosecutors on the one had and nto very nice people on the toher. In preserving this liberty of the subjects, the courts always bear in mind that under our Constitution the concept of liberty is wider and the prisoners dream of freedom from custody alone is nto liberty.The present writ petition is directed against searches conducted on 10th August, 1966, at the residence of the petitioners at No. 35, Rajpur Road, Delhi, and toher places occupied by the petitioners in connection with their business by a group of officers headed by Shri Rajendra Mohan, Income-tax Officer, respondent No. 2. The search was held in pursuance of the various authorisations issued by the Directo...
Tag this Judgment!ishwar Devi Malik and ors. Vs. Union of India Through the Secretary to ...
Court: Delhi
Reported in: AIR1969Delhi183; ILR1968Delhi59
1. This is an appeal filed under Section 110-D of the Motor Vehicles Act against the order of the Motor Accidents Claims Tribunal, Delhi, dated 17-3-1966, dismissing an application filed before the Claims Tribunal under Section 110-A of the said Act for the payment of compensation.2. The first appellant herein is the widow of one Sham Lal Malik, the sixth respondent and the second appellant are the sons, the third appellant is the daughter, and the fourth and the fifth appellants are the father and the mother of the said Sham Lal Malik. They filed the aforesaid application as heirs of the said Sham Lal Malik claiming a sum of Rs. 4,50,000/- as compensation arising out of an accident which took place on 26-12-1961 at Farash Khana Bus Stop, G. B. Road, at about 4 p. m., resulting in the death of the aforesaid Sham Lal Malik. The applicants stated in their application that the deceased Sham Lal Malik was about 40 years old and was doing business earning a monthly income of about Rs. 1,700...
Tag this Judgment!Jamshedpur Engineering and Machine Manufacturing Co. P. Ltd. Vs. Union ...
Court: Delhi
Reported in: [1968]70ITR807(Delhi)
This writ petition was placed before Jindra Lal J. of the Punjab High Court sitting on circuit here on December 3, 1965, when a preliminary objection was raised on behalf of the respondents that the Income-tax Officer, Jamshedpur, Bihar, was a necessary party, put had nto been imp leaded in these proceedings. It was urged that the petitioner was asking for a writ of mandamus directing the respondents to comply with the orders for a writ of mandamus directing the respondents to comply with orders of the Income-tax Appellate Tribunal, Calcutta Bench, dated December 3, 1958, and the officer required to obey the direction should have been imp leaded. The learned counsel for the petitioner, though nto acceding to this objection, agreed, to avoid any controversy, to in plead the said Income-tax Officer as a respondent. It may be pointed out that the respondents position was that, though no writ of mandamus could go from this court to the Income-tax Officer, Jamshedpur, nevertheless, he was a...
Tag this Judgment!Nirmoo Vs. Nikka Ram
Court: Delhi
Reported in: AIR1968Delhi260
(1) This is an appeal against the order of the Senior Sub Judge, Mahasu, dismissing a petition of Nirmoo for dissolution of her marriage with Nikka Ram by a decree of divorce. The petition, under section 13(2) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') was presented in the Court of the Senior Sub Judge on March 21, 1966. It was dismissed on March 30, 1967.(2) The appellant was married to Nikka Ram Rajput of village Nihari, Tehsil Kasumpti, nearly twenty-five years before she applied for divorce. For about four years they lived as husband and wife but as there was no issue of the marriage Nikka Ram married a second wife name Tholi. After the second marriage also Nirmoo lived with her husband for antoher four or five years. According to her she had then to leave her husband's house as he, at the instigation of Tholi, started beating and maltreating her. She, thereforee, started living at the house of her father, Thokria, in village Jar.On her application she w...
Tag this Judgment!K.P. Shankara, Official Liquidator Peoples' Insurance Company Ltd. Vs. ...
Court: Delhi
Reported in: ILR1968Delhi225
S.K. Kapur, J. (1) It will nto be an unfaithful summary of the history to say that for ages searches and seizures of documents and objects alleged to be incriminating have been responsible for many a battle at the bar. The safeguards of liberty of the subjects in this behalf have been forged out of conflicts between overzealous prosecutors on the one hand and nto very nice people on the toher. In preserving this liberty of the subjects the Courts always bear in mind that under our Constitution the concept of liberty is wider and the prisoner's dream of freedom from custody alone is nto liberty. The present writ petition is directed against searches conducted on 10/8/1966 at the residence of the petitioners at 35, Rajpur Road, Delhi, and toher places occupied by the petitioners in connection with their business by a group of officers headed by Shri Rajendra Mohan, Income-tax Officer, respondent No. 2. The search was held in pursuance of the various authorization issued by the Director o...
Tag this Judgment!Umrao Singh Vs. Man Singh and ors.
Court: Delhi
Reported in: 4(1968)DLT562
Hardy, J.(1) This Second Appeal from the Judgment and decree of the learned Additional Senior Subordinate Judge Ii affirming the judgment and decree of the trial Court raises an interesting but difficult question of law. The appellant was defendant in a suit for possession brought against him by the respondents in respect of 17 bighas 8 bids was of land situate in village Barwala within the Union Territory of Delhi on the allegations that the respondents had purchased the land on 21st February, 1962 from one Ranjit Singh who in turn bad been alltoted the same by the Managing Officer appointed under the Displaced Persons (Compensation and Rehabilitation) Act, 1954 and that the aprellant was in un-authorised occupation of the said land. (2) The suit was resisted by the appellant who pleaded that the Civil courts had no jurisdiction to try such a suit and that he was in lawful possession of the land. The validity of the sale in favor of Ranjit Singh and conseqaently in favor of the respon...
Tag this Judgment!Lal Chand Vs. Dalipa
Court: Delhi
Reported in: 4(1968)DLT348
S.N. Shankar, J.(1) This second appeal is directed against the order of Shri G. S. Bedi, .District Judge, Gurdaspur and ex officio Additional District Judge, Hoshiarpur at Dharamsala, dated April 26, 1960, upholding the decree of the trial Court in respect of two thirds share in the property mentioned in the plaint and dismissing the appeal with costs (2) The bried facts are that one Shyama owned land measuring 168 kanals 15 marlas with a share in Shamalat as detailed in the plaint situate in Tikka Dhundia, Mauja Ktoia, Tehsil Hamirpur. He had three sons, Kantu,Lakhu and Gopala. Kanthu died leaving Mt.Garibo as his widow. Lakhu had a son Dalipa who was the plaintiff in this case. Gopala died leaving a widow. Mt. Gango who was cited as 'a defendant in the case. Mt. Garibo widow of Kanthu also died in the year 1954 and the estate held by her came to be divided between Dalipa and Mt. Gango with the resalt that Mt. Gango came to possess one-third share of her deceased husband Gopala as wel...
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