Delhi Court April 1970 Judgments
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Sunder Lal Vs. M.C.D
Court: Delhi
Decided on: Apr-23-1970
Reported in: 1971CriLJ154; 6(1970)DLT445
V.D. Misra (1) A sample of 600 grams of compunded Hing was taken from the shop of the petitioner on 19th December, 1962 by Shri. R. L. Kapur, Food Inspector, after paying its price, It was divided into three portions and was sealed inthree clean and dry bottles. One of the samples was given to the Public Analyst while the third was kept by the Food Inspector himself according to the rules. Notice Exhibit Pb was given to the petitioner. Inventory, Exhibit Pc, was prepared at the spot. After receiving the report from the Public Analyst, Exhibit Pe, that the sample of compounded Hing was adulterated due to extraneous matter of sand to the extent of 105 per cent, which was totally prohibited, the Delhi Municipal Corporation filed a complaint under section 7/16 of the Prevention of Food Adulteration Act, 1954. After recording the evidence, the petitioner was found guilty and was convicted and sentenced to piy a fine of Rs. 500. On appeal the learned Additional Sessions Judge, Delhi, upheld ...
Shakuntala Negi Vs. State Etc.
Court: Delhi
Decided on: Apr-23-1970
Reported in: ILR1970Delhi538
H.R. Khanna, C.J.(1) This appeal under Clause 10 of the Letters Patent by Shrimati Shakuntala Negi is directed against the judgment of learned Single Judge whereby a criminal revision filed by the appellant was dismissed. (2) Shrimati Chandar Kanta Respondent 1s occupying the premises in dispute, situated in Rajouri Garden, new New Delhi, as a tenant of the appellant for running a school called the Angels School. Disputes arose between the parties and Shrimati Chandar Kanta filed a suit for injunction against the appellant. The suit was dismissed by the trial Court but on appeal the decision of the trial Court was reversed and a decree for injunction was granted in favor of the tenant. On October, 24, 1969, the husband of Chandar Kanta made a report to the police that on the preceding night the appellant Along with some other per- sons had trespassed into the premises in dispute by breaking open the locks and had removed some articles. The police registered a case under Section 448, In...
Hari Chand Vs. Munni
Court: Delhi
Decided on: Apr-23-1970
Reported in: ILR1970Delhi668
P. N. Khanna, J. (1) This appeal under section 28 of the Hindu Marriage Act, 1955, herein called 'the Act', has been filed by the husband, Hari Chand, against the judgment and decree dated November, 27, 1968 of the learned Additional District Judge, Delhi, directing the appellant to pay to the respondent wife during her life, Rs. 50.00 per month as maintenance so long as she does not remarry and costs. (2) The appellant had filed the petition for restitution of conjugal rights against his wife, the respondent which was decreed in his favor. As the wife did not comply with the said decree, the appellant filed an application for divorce against her, which was decreed in his favor on November 14, 1967. The respondent- wife, thereafter, filed an application under section 25 of the Act claiming that she had no independent income of her own and was entitled to be maintained by the respondent. It was stated that the respondent was engaged in the business of calendar pressing of saries and doi...
The Jammu and Kashmir Bank Ltd. Vs. Seth Rawinandan
Court: Delhi
Decided on: Apr-23-1970
Reported in: ILR1970Delhi898
S.N. Shankar, J. (1) This appeal is directed againstthe order of the Court below executing the decree receivedby it from the District Judge, Jammu. The learnedcourt has held that the decree was a nullity and the respondent-judgment-debtor was also a displaced personwithin the meaning of S. 2(1) of the Displaced Persons(Debts Adjustment) Act, 1951, and the executionagainst him was barred by time.(2) Briefly stated, the relevant facts are that on 26/11/1949, the Jammu & Kashmir Bank Limited,the appellants herein, (hereinafter called 'the Bank')obtained a decree from the court of the District Judge,Jammu, for recovery of Rs. 81,487/8.00against the partnership firm, Hindustan Trading Company, and its twopartners, Seth Ravi Nandan, the respondent to thisappeal and Kirpal Chander, on the basis of a cash creditloan account in which advances were made by the Bankto the firm against security of stocks of iron and steelpledged with the Bank. Part of the decretal amountwas realised by the Bank by...
J.R. Parikh Vs. the Director (Pv) Chief Passport Officer and ors.
Court: Delhi
Decided on: Apr-17-1970
Reported in: ILR1970Delhi378
V.R. Tatachari, J. (1) This writ petition has been filed by Sri J. R. Parikh praying (1) for the issuance of a writ of cartiorari quashing an order, dated 21st February, 1969, passed by the Director (PV) and Chief Passport Officer, Ministry of External Affairs, Government of India, New Delhi, confirming an order, dated 5th November, 1968, passed by the, Regional Passport Officer, Madras, rejecting an application, dated 14th August, 1968, filed by the petitioner for a passport and (2) for a direction or a writ of Mandamus directing the aforesaid officers to grant the passport applied for by the petitioners. The respondents in the writ petition are (1) the Director (PV) and Chief Passport Officer, Ministry of External Affairs, Government of India, and (2) the Regional Passport Officer, Madras(2) According to the petitioner, he has been doing business in Madras of import and export in general, and more particularly of export of timber and other articles, under the name and style of 'M/s C...
Bhai Brothers Financiers P. Ltd Vs. Oriental Refrigeration and Engg. C ...
Court: Delhi
Decided on: Apr-17-1970
Reported in: ILR1970Delhi789
S.N. Andley, J. (1) This is an application under Rule 101 of the Companies (Court) Rules 1959 which has been filed by Messrs Bimal Brothers Private Limited an alleged creditor of Messrs Oriental Refrigeration & Engineering Company Private Limited. The preliminary objection which has been raised by the latter company is that the application is not maintainable as it was filed after the dismissal of C.P. No. 51 of 1969.(2) C.P. No. 51 of 1969 was filed by Messrs Bhai Brothers Financiers Private Limited for the winding up of the said Oriental Refrigeration and Engineering Company Private Limited. This petition was admitted on August 25, 1969. The notices were published in the Official Gazette and the two newspapers as ordered by the Court on November 25, 1969. This petition had come up before the Court on December 8, 1969 on which date the counsel for the petitioning-creditor did not appear and the petition was. thereforee, adjourned to December 22, 1969. On December 22. 1969 counsel for ...
Mohd. YasIn Vs. Municipal Corporation of Delhi Etc. Overruled
Court: Delhi
Decided on: Apr-17-1970
Reported in: ILR1970Delhi612
H.R. Khanna, C.J. (1) This judgment would dispose of two Civil Writ Petitions Nos. 133 and 134 of 1968, which have been filed by Mohd. Yasin and Siraj-ud-Din respectively for the issuance of a writ to quash the order dated January 31, 1968 of the Commissioner of Municipal Corporation, Delhi, whereby the fee for slaughtering animals at slaughter houses of Municipal Corporation was increased. The respondents in the two petitions are the Municipal Corporation of Delhi, respondent No. 1, the Commissioner of Municipal Corporation of Delhi, respondent No. 2, and the Chairman, Standing Committee, Municipal Corporation of Delhi, respondent No. 3. (2) The two petitioners are butchers by profession. Mohd. Yasin slaughters buffaloes at Motia Khan Slaughter House, Delhi, while Siraj-ud-Din slaughters sheep and goats at that slaughter house. Municipal Corporation, Delhi, is running three slaughter houses. The main slaughter house is at Motia Khan which is meant for slaughtering buffaloes, sheep, go...
A.S. Puri Vs. K.L. Ahuja
Court: Delhi
Decided on: Apr-14-1970
Reported in: AIR1970Delhi214; 1970CriLJ1441
ORDER1. The petitioner (Mr. Puri) is aggrieved by the order of the learned Additional Sessions Judge setting aside the dismissal by the learned S. D. M. Delhi preferred against him under Section 497 of the Indian Penal Code by the respondent (Dr. K. L. Ahuja). The learned S.D. M. held an enquiry under Section 202 of the Criminal Procedure Code, during which he examined seven witnesses on behalf of the complainant and dismissed the said complaint. As against the said dismissal, Dr. Ahuja preferred a revision petition to the Additional Sessions Judge which was accepted.2. It is seen from the records that even though the learned Additional Sessions Judge had merely ordered issue of notice to the respondent in that revision (described as State) appearance was entered in that criminal case on behalf of the present petitioner. An objection was raised, on behalf of the complainant, to the learned Additional Sessions Judge hearing counsel for the present petitioner, but the learned Additional ...
D.S. Sharma Vs. Union of India Etc.
Court: Delhi
Decided on: Apr-14-1970
Reported in: AIR1970Delhi250; ILR1970Delhi593
V.S. Deshpande, J.(1) A constitutional question of first impression as to the nature and meaning of executive power of the President under the Constitution has arisen among other questions in this case. (2) The accounts work of the main Department of Posts and Telegraphs used to be done by the petitioners designated as Senior Accountants governed by the Posts and Telegraphs Accountants' Service (Recruitment) Rules, 1958 at Annexure R-2 of the written statement as amended on 29th March 1963 at Annexure R-3. The accounts work in the Telecommunications Branch of the Department of Posts and Telegraphs was, on the other hand, done by the personnel of the Audit department called the Sas Accountants. The recruitment to the grade of Accounts Officers used to be made under the General Central Service Class Ii (Accounts/Administrative Officers) Recruitment Rules, 1968, dated 15th February 1968 at Annexure R-5 to the written statement. Under these rules, the Senior Accountants of the Posts and Te...
Jagan and anr. Vs. Dani Ram and ors.
Court: Delhi
Decided on: Apr-10-1970
Reported in: 6(1970)DLT276
S. Rangarajan, J.(1) This is a petition under Article 227 of the Constition against an order of the learned Subordinate Judge 1st Class, Delhi, dated 17th March 1970 in suit No. 320 of 1969 where by he dismissed the application made by the petitioner and another (asplaintiffs) under Order 39 Rr. 1 and 2 Civil Procedure Code rest-aining the defendants in the suit from interfering with their possession of the property described in the plaint. The learned Subordinate Judge held on the materials before him that the plaintiffs were not primafacie in possession and found no case to issue an ad-interim injuntion in their favor. Admittedly an appeal lies against that order and an appeal has not yet been preferred. This Court was moved under Article 227 of the Constitution, without filing an appeal against the said order, which fact was over looked when this petition was admitted and interim stay ordered Shri R. K. Sharma along with Mr. H. S. Yadav entered apperance on behalf of the defendants ...
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