Delhi Court March 1970 Judgments
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Bawa Dalip Singh Vs. the Government of India and ors.
Court: Delhi
Decided on: Mar-10-1970
Reported in: 6(1970)DLT161
Rajinder Sachar, J.(1) This is a petition under Articles 226 and 227 of the Constitution of India for the issuance of a writ of certiorari or any other writ praying for quashing the order of the Deputy Secretary to Government of India dated May 3, 1962 by which he cancelled the exchange granted by the Authorised Custodian by his order dated 29th May, 1951 and also sanctioned by the Custodian Genera] of India by his order dated 18th July, 1953 by which the petitioner's land comprising of khasra Nos. 57, 94, 141, 4582 measuring 7 kanals and 14 marlas situate in village Darapur Dharamkot, District Hoshiarpur. was allowed to be exchanged with evacuee land bearing khas. Nos. 961/@, 201 to 204 M, 963/247, 96/197, 984/215, 937/197 situate in the same village.(2) It is alleged in the petition that after the petitioner had applied for the said exchange the Patwari and the kanugo supported the proposed exchange on the ground that the land to be surrendered by the petitioner was of superior quali...
The National Co-operative Consumers' Federation Ltd., New Delhi 24 Vs. ...
Court: Delhi
Decided on: Mar-05-1970
Reported in: AIR1971Delhi141
1. The Bombay Cooperative Societies Act, 1925 (as extended to Delhi) (hereinafter called the Act) is a typical State enactment intended as a fairly comprehensive Code regulating the operation of Cooperative Societies. Various powers are given to the Registrar for such regulation including the power under Section 54 of the Act to decide disputes between societies and their employees. Such a power also implies to the Society or to the employees appropriate to the decision of the disputes by the Registrar. The precise nature of the dispute which can be entertained by the Registrar under Section 54 and whether the relief of reinstatement can be given by him in deciding such a dispute are question of general public importance which have arisen in the present case.2. The petitioner is a cooperative society registered under the Act. As shown by its name, its member are Consumers' Cooperative Stores. The object for which the petitioner federation was formed is to assist, aid and counsel its me...
Balbir Singh Vs. Prem Wati
Court: Delhi
Decided on: Mar-05-1970
Reported in: 1970CriLJ1302
ORDERS. Rangarajan, J.1. The learned Additional Sessions Judge has recommended that this Court may quash the order of the Sub-Divisional Magistrate, Delhi (Shri K. K. Bhaain) dated 23rd January 1969 dismissing the application made by the husband dated 6th December 1963, praying to set aside an ex parte decree of maintenance under Section 488 of the Code of Criminal Procedure in favor of his wife and child, on the ground that the same had not been filed within three months of the date of the ex parte decree as required by Section 488 (6) of the Code of Criminal Procedure. Sub-section (6) of Section 498 reads as follows:All evidence under this Chapter shall be taken in the presence of the husband or father, as the case may be, or, when his personal attendance is dispensed with, in the presence of his pleader, and shall be recorded in the manner prescribed in the case of summons cases.'Provided that if the Magistrate is satisfied that he is willfully avoiding service, or willfully neglect...
Mahajot Sahai Vs. Competent Authority Under the Slum Areas (improvemen ...
Court: Delhi
Decided on: Mar-04-1970
Reported in: AIR1971Delhi57
V.S. Deshpande, J.1. The petitioner in this and the connected writ petition No. 110 of 1968 are owners of houses situated in those parts of Old Delhi which were declared as slum areas on 20th April 1957 by a notification issued under Section 3 of the Slum Areas (Improvement and Clearance) Act, 1956 (hereinafter called the Act). On 30-6-1961, houses Nos. 1812 to 1845 including the houses of the petitioners in puce Katra being a part of the slum areas notified on 20th April 1957 were declared to be a clearance area by a notification issued under Section 9(1) of the Act (Annexure C to writ petition). On 22-10-1965, a clearance order (Annexure D to the writ petition) was passed under Section 10(1) of the Act calling upon the petitioners and other owners to demolish their houses in the clearance area within six weeks. The clearance order was confirmed by the Administrator of the Union Territory on 29-11-1965 under S. 10(2) of the Act (Annexure E). On 24-11-1966, the Competent Authority (Ass...
Management of Blue Star Engineering Co. (P) Ltd. Vs. the Lt. Governor, ...
Court: Delhi
Decided on: Mar-02-1970
Reported in: ILR1970Delhi851; 1971LabIC526
S. Raagarajan, J. (1) The services of Shri N. R. Sharma (fourth respondent), a Supervisor in the petitioner-company, who was drawing wages of Rs. 770.00 per month, was terminated with effect from 9th October 1968 (as per Annexure C to the writ petition) He raised an industrial dispute with regard to the termination of his appointment which was referred to the Labour Court constituted for the Union Territory of Delhi, then presided over by Shri Desh Deepak. On his being transferred he was succeeded by Shri R. K. Baweja (fifth respondent) who recorded evidence of both parties and completed all the evidence except for one witness for the management who was absent at the hearing; more than 200 documents are alleged to have been filed. At that stage the Under Secretary of the Delhi Administration (second respondent) passed an order (on 2nd December 1969) transferring the above proceedings from Shri Baweja to the Additional Labour Court presided over by Shri Hans Raj (sixth respondent). The ...
Dalip Singh Vs. the Lt. Governor and anr.
Court: Delhi
Decided on: Mar-02-1970
Reported in: 6(1970)DLT346
S. Rangarajan, J.(1) The petitioner, who is a police officer, seeks in this writ petition to quash the order dated 6th September 1968 (copy of which is Annexure A to the petition) passed by the Inspector-General of Police Delhi transferring him as Sub-Inspector, Special Branch, from his position as officiating Inspector. He has prayed for a further direction that the officers junior to him may not be confirmed to his prejudice since, if he succeeds in the petition, he would be entitled to be placed in the rank of Inspector from the date of the impugned order which according to him is a case of illegal reversion to a lower post with out any inquiry. A few facts which have led to this petiton may be noticed. (2) The petitioner was confirmed as Sub-Inspector of Police at Delhi on 13th September 1954, having joined the Punjab Police as a Constable on 1st October 1937, at Simla. He had been promoted as Head Constable on 27th September 1944 (not 1st September 1944, as stated in the petition)...
Commissioner of Income-taxvs. Chaman Lal and Bros.
Court: Delhi
Decided on: Mar-02-1970
Reported in: ILR1970Delhi249; [1970]77ITR383(Delhi)
Khanna, C.J.1. The following question has been referred to this court under Section 66(1) of the Indian Income-tax Act, 1922 (hereinafter referred to as 'the Act') by the Income-tax Appellate Tribunal on an application made by the Commissioner of Income-tax :'Whether, on the facts and in the circumstances of the case, the litigation expenditure of Rs. 6,000 was a permissible allowance under Section 10(2)(xv) of the Indian Income-tax Act, 1922 ?'2. The assessed-firm is carrying on business of import and export of iron and steel. Chaman Lal, one of the partners of the assessed-firm, was prosecuted in the court of the Chief Presidency Magistrate, Bombay, on a charge of having contravened the provisions of Section 4(3), read with Section 23, of the Foreign Exchange Regulation Act, 1947. According to the prosecution case, Chaman Lal, after having acquired foreign exchange to the extent of 9,841-15-9 as representing the true and correct value of mild steel bars, did not use 840, out of that ...
Woodcrafts Enterprises Corporation Private Ltd. Vs. Sales Tax Officer ...
Court: Delhi
Decided on: Mar-02-1970
Reported in: [1972]29STC315(Delhi)
P.N. Khanna, J. 1. This writ petition under articles 226 and 227 of the Constitution of India has been filed by M/s. Woodcraft Enterprises Corporation Private Limited of Kirti Nagar, New Delhi, praying for the issuance of appropriate writs or directions, inter alia, for quashing the notice dated August 5, 1965, issued by the Assistant Sales Tax Officer, respondent No. 2, under Sub-section (1) of Section 11 of the Bengal Finance (Sales Tax) Act, 1941, as extended to the Union Territory of Delhi (herein called ''the Act'), read with Rule 32 of the Rules framed under the Act (herein called 'the Rules'), and the assessment order dated May 25, 1968, passed by the Sales Tax Officer, respondent No. 1, which has since merged in the appellate order dated February 14, 1969, and the order in revision dated October 3, 1969. The Sales Tax Officer, Ward No. 23, New Delhi, is respondent No. 1, while Shri A. Kanwar, Assistant Sales Tax Officer, New Delhi, the Commissioner of Sales Tax, Delhi, Union of...
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