Delhi Court February 1969 Judgments
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Hans Raj Vs. Commissioner of Excise, Vikas Bhawan, New Delhi and ors.
Court: Delhi
Decided on: Feb-27-1969
Reported in: AIR1970Delhi107
S.N. Andley, J.1. We are confining our decision inthis writ petition to the question whether the impugned order dated 717th February, 1968 was passed in violation of the provisions of sub-section (5) of Section 15 of the Punjab Excise Act. 1914 or the principles of natural justice. This order came to be passed in the circumstances hereinafter stated. 2. The petitioner; respondent No. 3 and respondent No. 4 are sons of late Ishar Dass. The deceased was the holder of an L-4 license issued to him under the Act for the retain sale of liquor in a restaurant. The deceased was the sole proprietor of the Esplanade Bar and Restaurant, Chandni Chowk, Delhi. He died on or about June 2, 1946. There after, on March 14, 1947, a deed of partnership was executedbetween the petitioner and respondents 3 and 4, being the successors and heirs of the deceased, In respect of the business carried on under the style of Esplanade Bar and Restaurant. In 1948, these three persns also purchased the United Coffee ...
Ram Mehar Vs. Raghbir Singh
Court: Delhi
Decided on: Feb-27-1969
Reported in: 5(1969)DLT275
V.S. Deshpande, J.(1) This is an appeal from the order dated 4th December, 1968 of the Rent Control Tribunal dismissing the appellant's appeal against the order of the Rent Controller as barred by time. (2) The respondent-landlord applied to the Rent Controller for the eviction of the appellant-tenant on the ground that the tenant was in arrears of rent for more than three months for the second time after having enjoyed the benefit of sub-section (2) of section 14 of the Delhi Rent Control Act, 1958, so that the said benefit cannto be given to him and he must be evicted. The Controller agreed with the landlord's contention and passed an order of eviction on 21st October, 1967. The tenant applied for a certified copy of the Controller's order on 26th October, 1967. He filed the memorandum of appeal before the Rent Control Tribunal on 27th October, 1967 with an uncertified copy of the order. The certified copy of the Controller's order was ready on 2nd December, 1967, but was actually ob...
Kishan Lal Vs. the State
Court: Delhi
Decided on: Feb-26-1969
Reported in: 5(1969)DLT511
Om Parkash, J. (1) This revision petition is directed against an order of the learned Additional Sessions Judge, whereby he dismissed an appeal of the petitioner against his conviction and sentence under section 61 of the Punjab Excise Act as extended to the Union Territory of Delhi, hereinafter referred to as the 'Act'. (2) I he prosecution case against the petitioner was that, on the 13th March, 1964, Inspector Dalip Singh P. W. 5 had received secret information that illicit liquor would be brought in aprivate car to Delhi from across the Jamuna river via village Ah and Mathura roads, that thereupon Inspector Dalip Singh had organized a raiding party consisting of himself, other police officials Prem Chand P. W. 4, the Excise Sub-Inspector, Jamil Ahmad P. W 1, Harbans Singh P. W. 2 and Amar Singh P. W. 3 and that the party had waited at the crossing of Mathura road and village Ah road. The further case of the prosecution was that car No. D. L. A. 2/12 driven by the petitioner had arr...
Jai NaraIn and ors. Vs. State
Court: Delhi
Decided on: Feb-25-1969
Reported in: 5(1969)DLT648
S.K. Kapur, J.(1) This order will dispose of Criminal Miscellaneous (Main) No. 47 of 1968, and Criminal Miscellaneous (Main) No 91 of 1968, and Criminal Revision Nos. 422, 423 and 434 of 1963. (2) I will first narrate the facts of Criminal Miscellaneous (Main) No. 47 of 1968 There are 6S2 petitioners in this petition under section 526,239 435,-139 and 56:-A, Criminal Procedure Code, 662 of them were being tried in pursuance of three complaints, one under section 188, Indian Penal Code ; another under section 7 Criminal Law Amendment Act, section 4 of Police Forces (Restriction of Rights) Act and sections 147, 149 and 353. Indian Penal Code, and the third under section 7 of the Essential Services (Maintenance) Ordinance and section 29 of the Police Act. There are nine other petitioners against whom the first complaint is for violation of section 188, Indian Penal Code, and section 3 of the Police Forces (Incitement to Disaffection) Act, 1922. Against the remaining eleven petitioners, th...
JaIn Bros. and ors. Vs. Union of India
Court: Delhi
Decided on: Feb-25-1969
Reported in: ILR1969Delhi687; [1969]74ITR808(Delhi)
H.R. Khanna, J. (1) In this petition under Articles 226 and 227 of the Constitution of India filed by registered firm Messrs Jain Brothers and its four partners against Union of India respondent No. 1, Central Board of Direct Taxes respondent No. 2, Shri B. L. Dhawan Income-tax Officer respondent No. 3 and Shri T. P. Jhunjhunwala, Appellate Assistant Commissioner respondent No. 4, the petitioners have, inter alia, challenged the virus of clause (g) of sub-section (2) of section 297 and sub-section (2) of section 271 of the Income-Tax Act, 1961 (43 of 1961), (hereinafter referred to as the Act of 1961).(2) Petitioner No. 1 is a firm carrying on business in Delhi and has been registered under section 26A of the Indian IncomeTax Act, 1922 (11 of 1922), (hereinafter referred to as the Act of 1922). For the assessment year 1960-61 (account year ending October 31, 1959) a notice dated May 14, 1960 under sub-section (2) of section 22 of Act of 1922 was served by the Income-Tax Officer on May ...
Darshan Devi Vs. Vidya Nath Misra
Court: Delhi
Decided on: Feb-25-1969
Reported in: 5(1969)DLT405
S.K. Kapur, J.(1) This is an appeal by landlord Darshan Devi who is the owner of premises bearing Municipal No. 69-D, Kamla Nagar, Subzimandi, Delhi. Vidya Nath Misra, respondent is a tenant under the landlord in a portion of the house consisting of one room and a garage. The tenant pays Rs. 70.00 per month as rent besides Rs. 7.00 per month as House-tax. The landlord made an application against the tenant under section 14 of the Delhi Rent Control Act, 1958, for eviction on the ground of nonpayment of arrears of rent in spite of service of notice of demand as provided in clause (a) of the proviso to sub-section (1) of section 14. The tenant admitted the tenancy but alleged that the rent was Rs. 40.00 per month besides Rs. 4.00 per month as house-tax. He pleaded that he had paid rent up to December 1958 and was prepared to pay the arrears. On 29th July, 1959, the learned Rent Controller, in view of the dispute about the amount of rent payable, fixed an interim rent at the rate of Rs. 5...
Commissioner of Income-tax Vs. Delhi Race Club (1940) Ltd.
Court: Delhi
Decided on: Feb-25-1969
Reported in: [1970]75ITR111(Delhi)
Khanna, J.1. The Delhi Race Club (1940) Limited (hereinafter referred to as the 'assessed') is an incorporated body and members' club. The objects for which the assessed-company was incorporated are, inter alias :(a) To carry on the business of a race course company in all its branches. (b) To take over the assets, effects and liabilities of the unincorporated club known as the Delhi Gymkhana Race Club. (c) To provide courses and grounds in Delhi or elsewhere and to lay out, prepare and maintain the same for purposes of the club and to provide, construct, alter, keep in repair or demolish stands, totalisators, stables for horses, servants' quarters, club houses, pavilions, lavatories, kitchens, refreshment rooms, workshops, sheds, garages and other conveniences in connection therewith and to furnish and maintain the same and to permit the property of the club to be used by members and other persons either gratuitously or on payment. (d) To promote or hold either alone or jointly with a...
State Vs. J.N. Manchanda, Motor Vehicle Inspector, Delhi
Court: Delhi
Decided on: Feb-24-1969
Reported in: ILR1969Delhi619
Hardayal Hardy, J. (1) This Criminal Revision has been filed by the State and is directed against an order made by Shri D. R. Dhamija, Special Judge discharging one Shri J. N. Manchanda who was sent up for trial before him on a charge under section 5(1)(c) read with Section 5 (2) of the Prevention of Corruption Act, 1947. (2) It was alleged by the Prosecution that on 6-8-1965 the accused was working as a Motor Vehicle Inspector in the Directorate of Transport Delhi Administration. On receipt of information that he was a corrupt officer and had by corrupt or illegal means amassed assets which were dis-proportionate to his known sources of income, the premises in his occupation were searched. As a result of the search and further investigation, his income was found to be Rs. 37,781.00 his expenditure was estimated at Rs. 39,463.00 - and his total assets were valued at Rs. 37,006.00. The details of his income, expenditure and assets were given in Annexures A, B and C attached to the charg...
State (Delhi Administration) Vs. Mewa Singh
Court: Delhi
Decided on: Feb-20-1969
Reported in: 5(1969)DLT506
P.N. Khanna and S.N. Andley, JJ. (1) Mewa Lal accused, respondent in this appeal, was charged to stand trial un- der section 326 Indian .Penal Code for voluntarily causing grievous hurt to Miss Gita daughter of Mr. B.N. Lal by means of acid, a corrosive substance. The learned Assistant Sessions Judge, Delhi, giving the benefit of doubt, acquitted the accused of the offence charged.(2) According to the prosecution, on the night 18th and 19th May, 1966 at about 1.30 A. M. Kumari Gita was sleeping along with Kumari Soni, Public Witness , her cousin, on the same cto on a raised platform at the back of quarter No 613 Sarojini, Nagar New Delhi. Her grand-mother, maternal grand-mother, H. /uncle .Sham. Lal, Public Witness , and Sham Lal's wife were also Sleeping on other charpoys around her. Her parents were sleeping on the front side of the quarter. At about 1.30 A.M., being aroused by the sound of approaching footsteps, Gita saw the accused Mewa Lal standing on the leftside of her cto and b...
Haria Vs. Gaon Sabha of Villages Dera Mandi
Court: Delhi
Decided on: Feb-19-1969
Reported in: 5(1969)DLT624
V.S. Deshpande, J.(1) The sole question for decision in this second appeal is whether the decree obtained by the appellant, Haria, against the respondent Gaon Sabha, in civil Suit No. 810 of 1962 was collusive and, thereforee, liable to be set aside at the instance of the Gaon Sabha. (2) The civil suit No. 810 of 1962 was filed by Haria for a declaration that he was the Bhoomidar of the land in suit under Section Ii of the Delhi Land Reforms Act, 1954. According to Haria, the suit land measuring 40 bighas out of 270 bighas and 10 biswas, bearing Khasra No. 1675/18 recorded as banjar qadim in the record of right of the village Deramandi, was in his possession as his khudkashat during the year 1953/54, that is before and after the commencement of the Delhi Land Reforms Act, 1954. The actual entries in the Khasra Girdawari and other revenue records were alleged to be wrong and against true facts. (3) According to Rule 84(h) of the Delhi Panchayat Raj Rules, 1959, the then Pradhan of the G...
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