Delhi Court April 1969 Judgments
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Patanjal and anr. Vs. Rawalpindi theatres (P) Ltd.
Court: Delhi
Decided on: Apr-09-1969
Reported in: AIR1970Delhi19; ILR1969Delhi393
Inder Dev Dua, J. (1) This revision under section 115 of the Code of Civil Procedure against the order of the learned Commercial Subordinate Judge 1st Class, Delhi, dated 13-3-1968 has been placed before this Bench because of the importance of the question raised.(2) The learned Subordinate Judge has, by the impugned order set aside the award dated 29-3-1967 on the ground that the arbitrator was guilty of misconduct because no notice was given to the party against whom ex parte proceedings were taken by him. The matter was, however, remitted back to the arbitrator for proceeding afresh from the stage when Shri Patanjal and Shri Om Prakash Mehra had last appeared before him. The arbitrator was further directed to make Shri W. N. Chowdhary a party to the arbitration proceedings so that all the interested parties may be represented.(3) Before proceeding with the contentions raised before us, it is desirable to briefly recapitulate the facts and circumstances giving rise to the controversy...
Babulal Amthalal Mehta Vs. the Union of India and ors.
Court: Delhi
Decided on: Apr-08-1969
Reported in: ILR1969Delhi860
Rangarajan, J. (1) The petitioner seeks, in this writ petition, to quash the order of confiscation of the articles seized from his residence from Calcutta by a search of his premises on 4th May, 1955. The order of confiscation was passed by the Collector of Customs on 12th September, 1955, the appeal against which was dismissed by the Central Board of Revenue on 27th July, 1957, a further revision to the Government of India having been dismissed on 12th March, 1962.(2) On 4th May, 1955, the Rummaging Inspector (Intelligence), along with some others, searched the premises of the petitioner 32, Sir Hari Ram Goenka Street, Calcutta, on the strength of a search warrant issued by the Chief Presidency Magistrate, Calcutta. The petitioner was asked to produce whatever precious stones were in his possession whereupon he stated that whatever stones he had were kept in the steel almirah. The steel almirah was also searched but no stones were found therein. According to the petitioner his first r...
Brijmohini Vs. Surinder Chadha
Court: Delhi
Decided on: Apr-03-1969
Reported in: ILR1969Delhi1042
S.K. Kapur, J.(1) Shrimati Brij Mohini (hereinafter referred to as the wife) filed a petition under section 12 of the Hindu A Marriage Act, 1955, against her husband Surinder Chadha on 8th February, 1966. The prayer made in the petition was for annulment of the marriage by a decree of nullity on the ground that the husband was impotent at the time of the marriage and continued to be so untill the institution of the proceedings. In the petition it has infer aha been alleged that- (A)the husband being impotent could and did nto cohabit with the wife; (B)the consent of the wife and her father to the marriage had been obtained by fraud, the fraud stated being that the husband and his parents very well knew that the husband was impotent and the treatment had yielded no results yet out of greed for a fabulous dowry from the wife's parents, who happened to be rich, the husband and his parents brought about this matrimony concealing the fact of impotency; (C)the husband did nto have any sexual...
Ayashi Lal Vs. the State
Court: Delhi
Decided on: Apr-02-1969
Reported in: 1970CriLJ227; ILR1969Delhi978
Om Prakash, J. (1) This is a reference, made by the learned .Additional Sessions Judge, for setting aside an order of the agistrate, refusing to summon the Public Analyst as a defense witness, in a case under sections 7/16, Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act.).(2) A complaint, under sections 7/16 of the Act, was filed, by Shri Ganga Ram Sharma, Assistant Municipal Prosecutor, Municipal Corporation, Delhi, against Ayashi Lal petitioner, alleging that a Food Inspector, Shri H.R. Sood, had, on the 11th April, 1967, purchased a sample of milk, without indication, from the petitioner, who was taking the milk for sale and that the semple was, on analysis by the public Analyst, found to be adulterated.(3) After the close of the prosecution evidence, the petitioner put in a list of defense witnesses. The only defense witness named therein was Shri S.Raj, Public Analyst, Municipal Corporation, Delhi. The Magistrate refused to summon the Public Analyst ...
Amarjit Kaur and ors. Vs. Vanguard Insurance Co. Ltd. and ors.
Court: Delhi
Decided on: Apr-01-1969
Reported in: ILR1969Delhi603
V.S. Deshpande, J. (1) These are cross appeals under Section 110-D of the Motor Vehicles Act, 1939 as amended by Act 100 of 1956 (hereinafter called 'the Act)' against the award of compensation given under Section 110-B thereof by the Motor Accidents Claims Tribunal, Delhi, (hereinafter called 'the Tribunal'). Appeal No. 89-D of 1965 is by the claimants for enhancing the compensation awarded by the Tribunal, while Appeal No. 89-D of 1965 is by the respondents for dismissing the claim for compensation altogether or for reduction of the amount of compensation. (2) On 13-6-1963 a motor truck belonging to M/s Gopal Singh Ghanshyam Dass in charge of the driver, Bakshi Ram, ran over and killed one Shri Ajit Singh on old Rohtak Road, Delhi. The truck was insured against third party risks with M/s Vanguard. Insurance Company Ltd. Smt. Amarjit Kaur widow of the deceased Ajit Singh, and their children applied to the Tribunal under Section 110-D of the Act for award of compensation for the death ...
Mancharshawh Wadia of Probander Vs. the Deputy Custodian General of In ...
Court: Delhi
Decided on: Apr-01-1969
Reported in: ILR1969Delhi725
Hardayal Hardy, J. (1) This order will dispose of two petitions under Article 226 of the Constitution which were filed together by the same petitioner and in which rule nisi was also issued on the same day. Civil Writ No. 254-D of 1960 is directed against an order dated 28th November, 1959 made by the Deputy Custodian General of Evacuee Property India who is the only respondent imp leaded therein, while Civil Writ No. 255-D of 1960 challenges the validity of the order dated 15-3-1956 made by the Appellate officer under the Evacuee Interest (Separation, Act, 64 of 195/ The second respondent imp leaded in that petition is the Assistant Custodian of Evacuee Property, Porbunder.(2) In order to appreciate the controversy arising in both these petitions which have a common object in view, it is necessary to set out the salient facts about which there is no dispute. One Haji Ayub Khadbhai of Porbunder had three sons namely, Omar, Ahmed and Aboobakar. The last name two sons had business dealin...
Madan Lal Vs. Competent Authority Slum Areas
Court: Delhi
Decided on: Apr-01-1969
Reported in: ILR1970Delhi106
V.S. Deshpande, J.(1) This writ petition purporting to be made under Articles 226 and 227 of the Constitution challenges the validity of the order dated 5-12-1967 passed by the Competent Authority (respondent No. 1) under Section 19(3) of the Slum Areas (Improvement & Clearance) Act, 1956 as amended by Act 48 of 1964 (hereinafter called the Slum Act) granting permission to the landlord (respondent No. 2) to execute the order of eviction obtained by him against the petitioner tenant under proviso (b) to sub-section (1) of Section 14 of the Delhi Rent Control Act, 1958 (hereinafter called 'the Rent Act'). (2) The petitioner was a tenant in Shop No. 896 of which respondent No. 2 was the landlord. Respondent No. 2 alleged that the petitioner had sublet the shop and had parted with possession of it and was, thereforee, liable to be evicted under proviso (b) to sub-section (1) of Section 14 of the Rent Act. The eviction proceedings filed by respondent No. 2 under the Rent Act were resisted b...
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