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Delhi Court October 1971 Judgments

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Oct 08 1971 (HC)

Gajan Mal Vs. Union of India and ors.

Court: Delhi

Reported in: AIR1972Delhi214; 8(1972)DLT107

ORDER1. The question raised in this petition is whether the word 'acre' in Rule 65 of Displaced Persons (Compensation and Rehabilitation) Rules 1955 (hereinafter to be called the rules) means 'ordinary acres or 'standard acres'.2. The petitioner is a displaced person from West Pakistan (Sind) who left non-urban immovable property both residential and agricultural land. In lieu of the agricultural land left in West Pakistan the petitioner was allotted 3.4 Standard Acres (which is more than 4 Ordinary Acres), in Madhya Pradesh. The petitioner's claim for 2 rural buildings was assessed at Rs. 12560/- and Rs.1200/- respectively. The petitioner put in his claim for being paid compensation on account of rural building but the same was refused by the Settlement Officer by his order dated 27th August, 1960. Thereafter, the petitioner filed an appeal and a revision but the same were also rejected by the Assistant Settlement Commissioner by his order dated 29th, November, 1960 and by Mr. Parasho...

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Oct 08 1971 (HC)

W.A. Tyzack and Co. Ltd. Vs. Kanayalal Khandewala and anr.

Court: Delhi

Reported in: ILR1972Delhi346

M.R.A. Ansari, J. (1) The appellant M/s W.A. Tyzack & Co. Limited is the owner of a registered trade mark consisting of a device of a man riding a horse and the word 'horseman' in English written underneath the device. This trade mark is in respect of chaff cutters which are agricultural implements used for the cutting of the chaff. The respondent is the owner of another registered trade mark consisting of the device of a horse with a human head and the words 'Jal Darai' in Devanagri script underneath the device. This trade mark is also in respect of chaff cutters and the trade mark was registered on 29.3.6L The trade mark of the appellant was registered in the year 1943, although according to the appellant the chaff cutters with the said trade mark have been used in India continuously since 1906. The appellant tiled an application before the Registrar of Trade Marks under sections 46, 47(4) and 56 of the Trade & Merchandise Marks Act, 1958 (hereinafter referred to as the Act) and unde...

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Oct 07 1971 (HC)

Maharaj Singh Vs. Vulcan Insurance Co. Ltd and anr.

Court: Delhi

Reported in: AIR1972Delhi182; [1973]43CompCas177(Delhi)

1. The appellant herein is the sole proprietor of Khatauli ., (hereinafter referred to as the Bank) and executed a mortgage deed dated 10-11-1961 in favor of the Bank hypothecating the fixed assets of the factory as well as the stocks and raw materials kept in the factory premises as security for the loan. The Bank in turn insured the mortgaged property with the Vulcan Insurance Co. Ltd., (hereinafter referred to as the Insurance Company) under three insurance policies for a total amount of Rs.3,15,000/-. the relevant terms of these insurance policies would be referred to at a later stage. But, at this stage. It is sufficient to state that these policies contained an arbitration clause under which any dispute between the parties with regard to the loss or damage suffered by the appellant as a result of any accidental fire would be referred to the arbitration of a single arbitrator agreed to by both the parties or in the event of the parties not agreeing to one arbitrator, to the arbitr...

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Oct 07 1971 (HC)

T.R. Dua Vs. Life Insurance Corporation of India

Court: Delhi

Reported in: ILR1971Delhi217

D.K. Kapur, J.(1) This Regular Second Appeal arises out of a suitinstituted by the Life Insurance Corporation of India against ShriT.R. Dua for the recovery of car No. PNT-3913, or, alternatively forthe recovery of the sum of Rs. 8300.00. The defendant was an employeeof the Corporation and the car in question was given to him under'anagreement between him and the Corporation. A letter of resignationdated 12/05/1962 was submitted by the defendant to the Corporation which was accepted with effect from 12th August, 1962. Theagreement between the parties relating to the car was that an amount of Rs. 10,000.00 was advanced by the Life Insurance Corporation for thepurchase of the car on the basis of an. agreement akin to an hire-purchaseagreement. Installments were to be deducted from the salary of thedefendant at the rate of Rs. 166.00 per month. The Corporation wasinitially to purchase the car but had to pay only three-fourths of theprice. Under the terms of the agreement, the Corporation ...

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Oct 07 1971 (HC)

Krishan Chandra Goel Vs. Trilok Chand Jain

Court: Delhi

Reported in: ILR1971Delhi230

V.S. Deshpande, J. (1) In this appeal we are concerned with the construction of proviso (h) to sub-section (1) of section 14 of the Delhi Rent Control Act, 1958 (hereinafter called the Act) which runs as follows :- '(H)that the tenant has, whether before or after the commencement of the Act, built, acquired vacant possession of, or been allotted, a residence;'(2) The premises were originally let to the appellant tenant by the father of the respondent landlord in 1946. The pleading of the landlord was that the premises were ancestral property of the joint family of which the father of the landlord was the manager. When the father died in 1951, the landlord, his mother and his brothers who were members of the joint family collected rent from the tenant till a decree for partition was passed in 1955 by which the respondent landlord became the sole owner and landlord of the premises. The landlord filed the petition for eviction in 1964 on the ground that the tenant had 'been allotted a res...

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Oct 06 1971 (HC)

B.L. Bhola Vs. Union of India and ors.

Court: Delhi

Reported in: ILR1972Delhi40

Jagjit Singh, J.(1) On May 1, 1969 Shri B. L. Bhola, Supervisor, Military Farm. Deviali, was dismissed from service. Through a petition, filed on June 7, 1969, he challenged the order of his dismissal from service.(2) The petitioner had joined service as Munshi in a Military Farm, under the Ministry of defense, on February 1, 1938. He was promoted as Supervisor, Military Farm, Secunderabad, on January 1, 1958. From Secunderabad he was transferred to Pachmari and was relieved on April 25, 1961 for joining his duty at the new place of his posting. At Secunderabad he remained in-charge of the cattleyard from December 26, 1957 to July 24, 1959 and again from January 20, 1961 to April 25, 1961.(3) A report was made by the petitioner on April 21. 1961. while he was still posted at Secunderabad. According to that report on the previous night at about 8-45 p.m. he had seen a boy standing near Gawala Matialoo son of Bhimiah. On being asked by him the boy told him that he was younger brother of ...

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Oct 05 1971 (HC)

O.P. Kapur Vs. Padma Kaw

Court: Delhi

Reported in: 1972RLR32

V.M. Deshpande, J.(1) The petitioner sued the appellant for eviction on the ground of bonafide requirement. The Controller was not satisfied and he dismissed the petition. In appeal the Tribunal reversed the Order and tenant appealed to the High Court where his appeal was accepted.) Paras 7 to 15 of the High Court judgment are :- (2) In this second appeal by the tenant before me, two main contentions are raised viz. (i) the evidence adduced by the landlady regarding her bonafide necessity to occupy the particular flat presently in the tenant's possession was contrary to her pleading and even otherwise the landlady had failed to prove such bonafide necessity, and (ii) that the landlady was already in occupation of reasonably suitable residential accommodation. The first contention requires a careful understanding of proviso (e) to 14(1) of the Act. The proviso (e) to section 14(1) are divisible into two parts viz. (i) those relating to the conduct of the tenant and (ii) those relating t...

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