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Delhi Court April 1969 Judgments

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Apr 30 1969

S.C. Sharma Vs. Union of India Through the Secy., Ministry of Health, ...

Court: Delhi

Decided on: Apr-30-1969

Reported in: AIR1970Delhi1

ORDER1. In this writ petition we are concerned with the rue construction and the legality of certain provisions of the Central Health Services Rules. 1963 (hereinafter called 'the Original Rules of 1963) as amended by the Central Health Services (Amendment) Rules, 1966 (hereinafter called 'the Rules of 1966') and the Central Health Services (second Amendment) Rules, 1967 (hereinafter called 'the Rules of 1967).2. In exercise of the powers conferred by the proviso to Article 309 of the Constitution, the President promulgated the Central Health Services Rules, 1963 constituting the Central Health Services by Rule 3 thereof. Under Rule 7 thereof, the Union Public Service Commission constituted a Selection Committee to determine the suitability of the departmental candidates for appointments to the different categories of the Central Health Service on its initial constitution, which are described in the first schedule thereto Accordingly, the petitioner was selected and appointed to a post...


Apr 30 1969

Madan Lal Vs. Rajni Bala Etc.

Court: Delhi

Decided on: Apr-30-1969

Reported in: 6(1970)DLT21

Om Parkash, J. (1) This reference made by the learned Additional Sessions Judge has arisen out of an application, filed under section 488, Code of Criminal Procedure, against the petitioner by Rajni Bala respondent claiming maintenance for herself and her minor daughter Babli Bhalla, respondent. (2) I he allegations made in the application were to the following effect. Rajni Bala was married to the petitioner on the 13th December, 1965, in accordance with Hindu rites. Out of the wedlock, Babli Bhalla, respondent was born and was 15 months' old on the date of the making of the application. The minor daughter was residing with her mother Rajni Bala. The petitioner his brother and his mother indulged in the sale of illicit liquor and had asked Rajni Bala to co-operate with them in selling illicit liquor. On her refusal, Rajni Bala was beaten and maltreated. In the first week of April, 1967, Rajni Bala. was mercilessly beaten by the petitioner and his inother and brother as she had objecte...


Apr 28 1969

Uma Datt Vs. R.K. Sardana and anr.

Court: Delhi

Decided on: Apr-28-1969

Reported in: AIR1970Delhi56

1. This appeal purporting to be filed under Section 47 of the Code of Civil Procedure, arises out of an order made in execution proceedings on objections raised by the judgment-debtor under O. 21, R. 90 of the said Code. It is obvious that by virtue of Section 104 read with O. 43, R. 1, Clause (J) of the said Code, no second appeal would be competent. The auction purchaser is of course covered by Section 47 as amended, but Section 2(2) of the Civil P.C. excludes from the definition of a 'decree' any adjudication from which an appeal lies as an appeal from an order. The order of the executing Court was appealable as an 'Order' and, thereforee, could not be considered as a 'decree'.2. Faced with this difficulty, the learned counsel for the appellant desired this appeal to be treated as a revision. There being no objection to it and no injustice caused to anyone in treating this appeal as a revision under Section 115 of the Code, I am treating it as a revision.3. Turning now to O. 21, R. ...


Apr 28 1969

Banarsi Lal Vs. Neelam and ors.

Court: Delhi

Decided on: Apr-28-1969

Reported in: AIR1969Delhi304; 1969CriLJ1370

ORDER1. These two revisions (Criminal Revisions Nos. 413 and 414 of 1968) have been placed before me pursuant to two orders made by a learned Additional Sessions Judge on 1-8-1968. In Criminal Revision No. 413 of 1968, It is recommended by the learned Additional Sessions Judge that the search warrants issued under Section 100, Criminal P. C. by Shri Gorakh Ram, Sub-Divisional Magistrate, for the recovery of the child from Smt. Neelam, the child's mother, at the instance of Shri Banarsi Lal, the child's father, is unsustainable in law and should be quashed.2. In Criminal Revision No. 414 of 1968, the learned Additional Sessions Judge has recommended that the order made by the same learned Sub-Divisional Magistrate on 12-2-1968 to the following effect,'Perused the papers of the file and heard the learned counsel for the complainant. I am satisfied that there exists an apprehension of breach of peace from the respondents Narinder Nath Kohli, Smt. Neelam, Smt, Lila Kohli and Smt, Bhagwati ...


Apr 28 1969

Delhi Administration Vs. Charan Singh

Court: Delhi

Decided on: Apr-28-1969

Reported in: ILR1969Delhi999

H.R. Khanna, J. (1) Charan Singh aged 26 years, and Satish Chander,aged 18years, were tried in the Court of learned Additional Sessions Judge, Delhi, for an offence under section 302 read with section 34 of the Indian Penal Code, and were acquitted. The Delhi Administration has filed this appeal against the acquittal of Charan Singh.(2) The prosecution case is that during the days of the present occurrence Public Witness Hans Raj was running a hotel under the name and style of New Vaishnu Grand Hotel on Hardhian Singh Road, Karol Bagh, Delhi. Sultan Singh deceased, aged 18 years, was working as a bearer in that hotel. On July 3, 1964 at about 9.15 p.m. the two accused came to the above hotel. Charan Singh accused then asked for6 chapatis. As a very large number of customers were taking their meals in the hotel at that time, Sultan Singh, deceased, told Charan Singh accused that the chapatis would be served first to those persons who were taking meals in the hotel and after that the cha...


Apr 25 1969

Mahan Singh Vs. the New Delhi Municipal Committee

Court: Delhi

Decided on: Apr-25-1969

Reported in: ILR1969Delhi824

S.N. Andley, J. (1) The petitioner has challenged the discontinuance of the supply of electricity to him on June 17, 1968 in pursuance of a notice dated June 13, 1968 which was issued by the New Delhi Municipal Committee in purported exercise of powers under clause 7(6) of the Delhi Electricity Control Order, 1959, hereinafter referred to as 'the Order', promulgated by the Lt. Governor of Delhi in exercise of powers conferred by section 22B of the Indian Electricity Act, 1910, hereinafter referred to as 'the Act.' The petitioner has challenged the disconnection on the ground that the period of notice had nto expired before the disconnection; that it was in violation of the principles of natural justice because he was nto given any opportunity at all of showing cause against the notice and that it was discriminatory and malofide. (2) The petitioner alleges that he has since 1947 been running a small workshop for repairing refrigerators and air-conditioners. In 1960, he shifted to premis...


Apr 25 1969

Shital Prasad Tyagi Vs. the Principal, Central Institute of Education, ...

Court: Delhi

Decided on: Apr-25-1969

Reported in: ILR1969Delhi1184

H.R. Khanna, J. (1) Shri Shital Prasad Tyagi by means of this petition under Article 226 of the Constitution of India has prayed for the issuance of a writ to quash the notice dated November 30, 1968/January 30, 1969 by which his services as Lecture in Mathematics in the Central Institute of Education (hereinafter referred to as CIE) were terminated with effect from the expiry of the period of one month from the date of the service of the notice. The notice had been sent to the petitioner by the Secretary of National Council of Education Research and Training, New Delhi (hereinafter referred to NCERT). The respondents named in the petition are : (1)The Principal, CIE. (2)The Secretary, Ncert and (3)The Union of India through Minister of Education. (2) The brief facts of the case are that the Cie was formally opened on December, 5, 1947 by Lady Mount batten and started functioning in the middle of January, 1948. On April 6, 1948 the Ministry of Education, Government of India, applied ...


Apr 25 1969

Sumer Chand Vs. Daya Sarup Saxena

Court: Delhi

Decided on: Apr-25-1969

Reported in: 6(1970)DLT145

Om Parkash, J.(1) The question, which requires decision in this revision petition, against an order of the learned Additional Sessions Judge, is whether the Controller, appointed under the Delhi Rent Control Act 1958 (hereinafter referred to as 'the Act') is a Court, .within the meaning of section 195(1)(b), Code of Criminal Procedure. The question arose in a complaint, filed under section 193, Indian Penal Code, by the petitioner, against the respondent. The allegations in the complaint were as under:- The respondent was a tenant of a portion of premises No. 4024, Chawri Bazar, Delhi. The petitioner and his brother had purchased the premises on the 12th May 1961. The respondent had Continued to be a tenant in the portion occupied by him.(2) On the 9th May 1962, the petitioner and his brother had made an application, under section 14(1) of the Act, before the Controller, for eviction of the respondent from the portion of the premises occupied by him. The eviction had been sought on var...


Apr 24 1969

Raymond Engineering Works, Calcutta Vs. Union of India, Through the Se ...

Court: Delhi

Decided on: Apr-24-1969

Reported in: AIR1970Delhi5

ORDER1. A very interesting question with reference to the scope of Section 269 and Section 637-A of the Indian Companies Act (as amended by Act 65 of 1960) arises for consideration, as a case of first impression, in this civil writ petition.2. A few salient facts alone may be sufficient to notice for deciding this question. The petitioner, called the Raymon Engineering Works Limited, is a public limited company which was incorporated on 30th November, 1954 with an authorised capital of rupees three Crores. It was, thereforee, an existing company within the meaning of Section 3(2) of the Act. 3. Raymon & Company (india) Private Limited, incorporated in 1951, consisting only of two share-holders (Mrs. And Mr. M.C. Ravi were appointed on 7th February, 1956 as Managing Agents of the petitioner-company for a period of ten years. The Managing Agents negotiated, on 5th September 1955 for the purchase of a Bone Mill from Messrs David Curlenders for Rs. 3,25,000/- out of which Rs. 15,000/- had ...


Apr 24 1969

Nanak Singh Vs. Union of India and ors.

Court: Delhi

Decided on: Apr-24-1969

Reported in: AIR1970Delhi71

T.V.R. Tatachari, J. 1. The petitioner, Nanak Singh, has filed this writ petition under Art. 226 of the constitution of India, praying for the issuance of a writ of mandamus, directing the respondents to forebear from giving effect to their order to retire the petitioner with effect from 24-4-1968, and further directing them to retain the petitioner in service till he attains the age of 60 years, or for the issuance of a writ of certiorari quashing the aforesaid impugned order. 2. The petitioner was born on 24-4-1910. He was appointed as a Clerk, Grade Ii, in the Audit Department of the Northern Western Railway on 4-8-1927. Later, the Audit & Accounts Departments were separated, and as a consequence thereof he was transferred to the Accounts Department of the aforesaid Railway. He was confirmed as Clerk, Grade Ii, provisionally on 1-4-1930, and finally on 30-12-1930. Thereafter, he passed the prescribed Departmental examination of the Accounts Department in November, 1943, and he was p...


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