Delhi Court March 1970 Judgments
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Shiv Saran Dass Vs. Union of India
Court: Delhi
Decided on: Mar-31-1970
Reported in: AIR1970Delhi261
ORDER1. This revision petition is directed against an order of the learned Judge, Small Cause Court, Simla whereby he dismissed a suit of the petitioner for recovery of Rs. 347-56 paise. The allegations of the petitioner, in the plaint, were as under:-2. The petitioner is the sole proprietor of the firm known as Messrs. Dewan Chand Atma Ram, 57, the Mall, Simla. The firm is dealing in wool and other goods. A consignment, containing one case of wool was sent to the petitoiner by Bengal National Textile Mills Limited, Calcutta from howrah, vide R.R. No.052528 dated 2-11-1964. Due to the misconduct and negligence of the Railway Adminsitration, the above consignement reached Simla in a damaged condition. The petitioner had taken open delivery of the godos and it was found that 29 packets of Raj Hans knitting wool were short. The shortage certificate was obtained from the Chief Goods Clerk on 15-12-1964. The certificate was sent to the Chief Commercial Superintendent (claims Branch), Kashme...
S.S. Light Rly. Co. Ltd. Vs. the Industrial Tribunal (Central) and ors ...
Court: Delhi
Decided on: Mar-31-1970
Reported in: AIR1971Delhi69; (1971)ILLJ354Del
ORDER1. The petitioner, the Messrs S. S. Light Railway Company Limited is one of the few private railways still operating in this country, with its Head-quarters, in Calcutta; its main terminus is at Shahdara, a suburb of Delhi, were more than hundred workmen of the said railway are employed. The petitioner seeks to quash, by means of this writ petition, the Tandon Award No. 2, dated 6th December, 1965 passed by the first respondent , the Industrial Tribunal (Central) constituted under the order of the Central Government (first respondent) and published by the Central Government on 10th January, 1966. The first respondent ordered that the workmen of the said railway were entitled men of the said railway were entitled to two increases in the dearness allowance; one of Rs. 2 per month with effect from 1st July, 1963 and the second of Rs. 3.50 per month with effect from 1st February, 1964 in the cost of living allowance, payable to the workers from the respective dates over what had been ...
Sudershan Kumar Vs. State
Court: Delhi
Decided on: Mar-31-1970
Reported in: 6(1970)DLT566; ILR1970Delhi504
H.R. Khanna, C.J.(1) This is an appeal by Sudershan Kumar alias Darshan, aged 25, who has been convicted by learned Additional Sessions Judge, Delhi, under Section 302, Indian Penal Code, f causing the death of Maya Devi by pouring acid on her and has been sentenced to undergo imprisonment for life. The accused has also been convicted under Section 324, Indian Penal Code, for causing injuries to Public Witness Raj Kumari and the infant son of Maya Devi by throwing acid on them, and has been sentenced to undergo rigorous imprisonment for a period of two years. Both the sentences have been ordered to run concurrently. (2) The prosecution case is that Maya Devi, who was aged about 19 at the time of the present occurrence, was the daughter of Raj Kumari (Public Witness 1) who was aged about 45 years. Both the mother and daughter had taken to the profession of dancing and singing, and used to live in an apartment on G. B. Road, Delhi. The accused used to visit Maya Devi and had illicit conn...
Gopal NaraIn and anr. Vs. Durga Prasad Goenka and ors.
Court: Delhi
Decided on: Mar-30-1970
Reported in: AIR1971Delhi61
1. Seth Dina Nath Goenka, the propositus, grandfather of plaintiff No. 1 in this case, died somewhere in or about the year 1907, leaving behind him, his widow, Smt. Sukh Devi, who is defendant No. 8 in this case, and Durga Prasad, defendant No. 1. He left considerable properties, both movable and immoveable, which were coparcenery properties, wherein his sons had acquired interest by birth. Son, Sat Narain died on March 13, 1966, leaving behind him his son Gopal Narain, plaintiff No. 1 and grandson Brji Narain, plaintiff No. 2 minor son of Gopal Narain, both forming one branch of the family. Son Durga Prasad is defendant No. 1, who along with his son Shri Narain, defendant No. 2, and grandsons, defendants Nos. 3, 4 and 5 from another branch, which for convenience of reference is described herein as 'defendants first party'. Son, Ganga Dhar had died earlier in 1942, leaving behind him his sons, Suraj Narain, defendant No. 6, and Rajinder Kumar who had also died in 1946, leaving his wido...
A. Babu Vs. State
Court: Delhi
Decided on: Mar-30-1970
Reported in: ILR1970Delhi801
Tatachari, J.(1) This judgment will dispose of the six Second Appeals, S.A.O. Nos. 315 to 320 of 1969. These Second Appeals have arisen out of six petitions filed by different tenants, for fixation of standard rent in respect of their respective premises which are all in building No. 112-A, Krishan Nagar, New Delhi, in the Court of Shri D. C. Aggarwal, Rent Controller, Delhi. The said petitions were numbered as suits Nos. 26 and 27 of 1968, and Iii, 112, 113 and 114 of 1967. The premises are used as shops, and each petitioner (hereinafter called the tenant) has one shop in his possession. The rent was originally Rs. 105.00 per month, but was subsequently increased to Rs. 125.00 per month. The tenants contended that the rent was excessive, and that the standard rent for each shop would not exceed Rs. 10.00 per month. The landlord, Chander Bhan, who was the respondent in all the petitions and who is the appellant in all the Second Appeals, contended, inter alia, that the Rent Controller ...
T.P. Verma Vs. Union of India and ors.
Court: Delhi
Decided on: Mar-30-1970
Reported in: 6(1970)DLT242
T.V.R. Tatachari, J. (1) This writ Petition has been filed by Shri T.P. Verma, Mechanic, All India Radio, praying for the issuance.of an appropriate writ, order or direction calling turn necessary recods and quashing an order, dated 30th August, 1909, whereby he was informed that he. on attaining the , years on the 1st December, 1969, shall retire from service with effect from the forenoon of 2nd December, 196', or from the date of expiry of three months computed from the date of the service of the said order on him whichever was later,, and declaring the petitioner to be still in service, and for granting consequential reliefs. The said order purports to have been passed by the Station Director, All India Radio in exercise of, the powers conferred by clause (j) of Rule 5, of the Fundamental Rules (2) The respondents in the writ petition are (1) Union of India thorugh the Secretary of Information and Broadcasting, (2) the Director General, All India Radio, (3) the Station Director, All...
Mahant Govind Dass Vs. Kuldip Singh
Court: Delhi
Decided on: Mar-28-1970
Reported in: 6(1970)DLT507
Parkash Narain, J.(1) The problem passed in this second appeal is as to the interpretation of proviso (e) of sub-section (1) of Section 14 of the Delhi Rent Control Act, 1958 and finding out whether the claim for eviction made by the appellants was covered by the said proviso. (2) The appellants, three brothers, filed an application under section 14 of the Delhi Rent Control Act, 1958 (hereinafter called the Act) seeking eviction of the respondent from the premises under his tenancy comprising of two rooms, a W. C. and a kitchen on the ground floor , the building bearing No. 48 in Block C, Ramesh Nagar. New Delhi. The appellants' contention was that they were in occupation of similar accommodation on the first floor but the accommodalion occupied by them being insufficient for their needs they required the tenanted premises for occupation by themselves and for members of their family dependant on them. In the eviction petition the three appellants had claimed to bejoint owners of the e...
K.G. Khosla and Co. Vs. the Trustees of the Port of Bombay
Court: Delhi
Decided on: Mar-27-1970
Reported in: 8(1972)DLT92
V.S. Deshpande, J.(1) This is a defendant's appeal against a decree for Rs. 16,825.37 P. passed against it and in favor of the respondents for damages caused to the respondents by the failure of the appellant to supply the contracted goods to the respondents.(2) The respondents invited tenders for supply of crane chains made of wrought-iroin 'Special Quality' in their form and on their conditions. But the appellant submitted a tender in its form and subject to its own conditions as per Exhibit P-52 dated 19-1-1951 at page 203 of the paper-book. The relevant condition No. 8 was as follows: 'THEprice and anything connected with the orders are payable at Delhi and at no other place. All contracts are deemed to be made at Delhi. Only Delhi Courts will have jurisdiction relating to our contracts'.(3) The respondents accepted the above tender of the appellant on 28-6-1951 as per Exhibit P-53 at page 204-A by placing an order for the goods on the appellant. The respondents specifically referr...
P.P. Yajurvedi Vs. C.L. Handa and ors.
Court: Delhi
Decided on: Mar-26-1970
Reported in: AIR1970Delhi211
ORDER1. The short question on which the present writ petition can be disposed of (no other point taken by the petitioner arises for consideration in the view I take) is whether the petitioner, who was working as Extra Assistant Director in the Central Water and Power Commission, and completed 55 years of age on 18-4-67, was validly retired by the issue of the impugned notice (Annexure-I), dated 17-10-66 which reads as under:- 'No. 14/198/62-Admn. V'Government of IndiaCentral Water & Power Commission,(Water Wing)New Delhi, the 17th October, 66 Asvina 1888. NOTICE WHEREAS the Chairman, C.W. & P.C., is the opinion that it is in the public interest so to do. Now, thereforee, in exercise of the powers conferred by Clause 'J', of rule 56 of the Fundamental Rules, the Chairman, C. W. & P.C. hereby gives notice to Shri P.P. Yajurvedi, a permanent Supervisor and at present officiating as an E.A.D. in the Central Water & Power Commission (Water Wing), that he shall retire from service with effec...
Ratan Singh Vs. Delhi Administration
Court: Delhi
Decided on: Mar-26-1970
Reported in: ILR1970Delhi383
H.R. Khanna, C.J.(1) This is an appeal by Rattan Singh, aged 38 years, who has been convicted by learned Additional away with his wife. The accused expressed remorse and begged to be excused. Leaving the accused with those persons, Menga Singh left on his scooter for the police-station. As Menga Singh was not aware of the exact location of police-station Tilak Nagar, within whose jurisdiction the accused lived. Menga Singh contacted Bishan Singh at his house and accompanied by him went lo police-station Tilak Nagar. The above police-station is at a distance of about 1 1/2 miles from Vishnu Garden wherein the accused lived. At the police-station Menga Singh lodged report PW2/A at 1.45 a.m. (2) Inspector Vishwa Nath (Public Witness 13), after recording the report PW2/A, went to the house of Menga Singh, The Inspector also deputed Asi Hem Raj to go to the house of the accused in Vishnu Garden and keep a watch there. On arrival at the house of Menga Singh, the Inspector found the accused i...