Delhi Court September 1969 Judgments
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Lachmi NaraIn Vs. State
Court: Delhi
Decided on: Sep-11-1969
Reported in: ILR1970Delhi435
Hardayal Hardy, J. (1) The petitioner in this case is the owner of a shop in Gadodia Market. On 30-3-1965 at about 4-30 P.M. his shop was visited by three food inspectors, namely, Shanti Nath, Dina Nath and L. R. Bhatt. Each of the three inspectors lifted two samples of turmeric from bs of un-ground turmeric lying for sale in the shop. Each Inspector prepared a memo in respect of each sample according to rules and also paid the necessary price for the samples taken by them. The memos Exhibits Pi 4 to Pi 6 which were placed on record purport to bear a writing in landa script in hand-writing of the petitioner admitting that a sample of turmeric (un-ground) was given by him. The food inspectors also filed in three proformas on Form Vi according to rule 12 of the Prevention of Food Adulteration Rules, 1955, hereafter to be referred to as the Rules and sent their reports to the Municipal Corporation of Delhi for a complaint being lodged against the petitioner for contravention of section 7 ...
Gulam Sarwar Vs. the State and ors.
Court: Delhi
Decided on: Sep-11-1969
Reported in: ILR1970Delhi482
(1) This is a petition filed under Article 227 and 228 of the Constitution of India and under S. 561-A of Criminal Procedure Code for quashing the criminal proceedings now pending against the petitioner in the court of Shri N. C. Jain, S.D.M., New Delhi.(2) The petitioner is a Pakistani national. He was arrested on 8th May, 1964 under S. 104 of the Customs Act 1952. He was ordered to be released on bail by the High Court of Punjab on 18th May, 1964. Before his release he was detained under S. 3(2)(g) of the Foreigners Act. Subsequently a case was filed against the petitioner in the court of the Sub-Divisional Magistrate New Delhi under S. 5 of the Registration of Foreigners Act 1939 and he was co(3) The petitioner's contention is that the offences for which he is charged in the impugned proceedings are the same, as those for which he was convicted by Miss K. Sen Gupta, S.D.M. 'New Delhi and that he could nto therefore be tried again for the same offence. He is invoking the provisions ...
G.C. Sharma Vs. Commissioner of Income Tax, Delhi and ors.
Court: Delhi
Decided on: Sep-10-1969
Reported in: 5(1969)DLT682
M.R.A. Ansari, J. (1) The petitioner herein Shri G. C. Sharma was directed by a notice dated 29th April, 1059 issued under section 22(2) of the Income-tax Act, 1922 (heareinafter referred to as the Old Act) to file his return of income for the assessmentyear 1959-1960. the relevant previous year, being the year ending 3 1/03/1959. In compliance with this Ilnotice the petitioner filed thereturn on 28/07/1962 declaring an income of Rs. 43,253.00. Duringthe course of the assessment proceedings, it was found that the petitioner had claimed allowance for an expenditure of Rs. 18,000.00 representing .payment made to Modern Sanitations which accordi: g to the petitioner was an expanditur incurred solely and exclusively for the purpose of the petitioner's business. The petitioner also filed some documents by way of evidence in support of this claim. The Income taxOfficer was of the view (i) that the petitioner's claim was false (ii) thatthe petitioner had in fact nto made any payment of Rs. 18...
V.V. Puri Vs. Assistant Controller, Reserve Bank of India, New Delhi a ...
Court: Delhi
Decided on: Sep-09-1969
Reported in: ILR1969Delhi898
S.N. Shankar, J.(1) By these two petitions under Article 226 of the Constitution (CivilWrit Nos. 207-D of 1966 and 275-D of 1966) Shri V. V. Puri and his wife have both separately challenged the order of the Assistant Controller, Exchange Control Department, Reserve Bank of India, dated August 19, 1965, rejecting their applications to issue permission in form 'P' to enable them to book their passages abroad and have further prayed that section 18B of the Foreign Exchange Regulation Act, 1947, through which the Reserve Bank of India purported to exercise this power may be declared to be unconstitutional and void and respondent No. I be directed to decide their applications according to law As the petitions involved questions of general importance, by order dated August 30, 1967, they were directed to be heard by a larger Bench.(2) The case of the petitioners for purposes of the reliefs claimed lies within a comparatively short compass. On March 12, 1963, they entered into an agreement w...
Kusum Goswami Vs. Mukhtiar Singh and ors.
Court: Delhi
Decided on: Sep-03-1969
Reported in: ILR1970Delhi77
Hardyal Hardy, J.(1) This criminal revision is directed against an order made by an Addl. Sessions Judge on 16-8-1966 whereby he acquitted Mukhtiar Singh and Shri Kishan who were charged with the murder of Shri Harish Chander Goswami, a teacher in Babu Ram Government Higher Secondery School Delhi-Shahdara in the morning shift. The two accused were students in the said school. The prosecution case against the accused was that on 29-11-1965 at about 12-45 P.M. they stabbed the deceased with knives while he was passing through Gurdwarawali Gali Shahdara and that as a result of the stab-wounds he died in the Civil Hospital Shahdara at about 1 -15 P.M. on the same day. Dr. G.S. Mittal who conducted the postmortem examination of the deceased in the morning of 30-11-1965 found four stab-wounds on his body, one on the right side of his fore-head, one on the back of his right shoulder, one on his right thigh and the fourth on the back of his chest left side. According to Dr. Mittal, three of th...
Raja Brothers, Cloth Merchants Chandni Chowk, Kucha Rehman, Delhi Vs. ...
Court: Delhi
Decided on: Sep-01-1969
Reported in: 6(1970)DLT84
S.N. Andley, J. (1) The trial Court as well as the first appellate Court held that the Delhi Courts had no jurisdiction to try the suit which had been filed by the petitioners against the respendents. This decision was given on issue No. 2, which is framed as follows:- 'WHETHER the Courts at Delhi have gto jurisdiction to try this suit ?'(2) Both the Courts below came to the conclusion that there was no acceptance of the contract at Delhi as alleged by the petitioners and that the so-called acceptance was merely a counteroffer. In coming to this conclusion the Courts below referred to the correspondence between the parties.(3) The petitioners had also urged before the Courts below that they were claiming jurisdiction also on the ground that the communication revoking the contract was received by them in Delhi and such communication was the cause of action which gave rise to the suit. This plea was nto entertained on the ground that it had nto been taken in the plaint.(4) The suit which...
D.L.F. Housing and Construction (P) Ltd. Vs. Delhi Municipal Corporati ...
Court: Delhi
Decided on: Sep-01-1969
Reported in: ILR1969Delhi1055
S.N. Shankar, J. (1) By this petition Messrs D.L.F. Housing and Construction Company (Private), Limited, a company carrying on the business of colonisation and development of lands in Delhi, have prayed that a writ of mandamus or any other appropriate writ or direction be issued restraining the respondents from interfering with the company's 'peaceful possession and ownership rights' in respect of the plots of land earmarked in their sanctioned lay-out plans of the six colonies mentioned in the petition for purposes of schools, hospitals, etc. and directing them to treat these plots as reserved for the purposes for which they were sanctioned, and nto to reject the building plans submitted to them inspect of these plots, on the ground that the said plots were nto the property of the company and had vested in the Delhi Municipal Corporation. (2) They have also prayed that the respondents be directed to grant sanction of the building plans in conformity with the sanctioned use of the part...
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