Delhi Court December 1971 Judgments
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Behari Lal Vs. State
Court: Delhi
Decided on: Dec-26-1971
Reported in: ILR1972Delhi497
M.R.A. Ansari, J. (1) The Municipal Corporation of Delhi filed a complaint against the petitioner Behari Lal and the firm of M/s. Budh Ram Behari Lal under section 7/16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act) with the allegations that on 28-11-1967, at about 4.00 P.M., the petitioner was keeping ghee for sale at shop No. 1225, Maliwara, Delhi, out of which the Food Inspector of the Corporation purchased a sample from the petitioner which, on analysis by the Public Analyst, was found to be adulterated. The prosecution examined the Food Inspector who had purchased the sample of ghee from the petitioner as P.W. I and also examined two witnesses who are said to have been present at the time Public Witness I purchased the sample from the petitioner. They are Public Witness s. 4 and 5. One of these witnesses, namely, Public Witness 5, supported the prosecution case in its entirety, but the other witness, namely, Public Witness 4, did not support ...
The Chief Controlling Revenue Authority Vs. Banarsi Dass Ahluwalia
Court: Delhi
Decided on: Dec-23-1971
Reported in: AIR1972Delhi128
V.S. Deshpande, J.1. The question referred to us for opinion under Section 57(2) of the Indian Stamp Act, 1899 is :-'Whether the instrument (Annexure A) is a deed of declaration of trust, chargeable to stamp duty under Art. 64 of Sch. I-A of the Indian Stamp Act or is a deed of settlement within the meaning of Section 2(24) of the Act?'.2. The deed opens with the following recitals :-'Whether the creation of a Charitable Trust for the real benefit of the public has been the dream of the Founder; And whereas the Founder has accordingly created a Charitable Trust having appointed himself as first Trustee and has dedicated and endowed upon Trust his various assets and properties. ................... it is considered desirable to execute a formal deed of Trust'.The Founder then proceeds to declare that the business and the properties described in the deed shall no longer be the personal business or property of the Founder or any other person but shall be held in Trust. The objects of the T...
Gandhi Memorial Teachers Training College and anr. Vs. the Kameshwara ...
Court: Delhi
Decided on: Dec-23-1971
Reported in: ILR1972Delhi312B
D.K. Kapur, J. (1) This is a Writ Petition under Article 226 of the Constitution of India brought by the Gandhi Memorial Teachers Training College, Model Town, Delhi and its Director, Hari Chand Suneja. The Writ Petition is concerned with the disaffiliation of the petitioner college from the Kameshvara Singh Darbhanga Sanskrit Vishvavidyalaya, respondent No. 1 which is a statutory corporation set up by an Act of the Bihar Legislature as a Sanskrit University. The said University affiliates various educational institutions in different parts of the country and admits students from those institutions to its examinations and grants them various degrees. The petitioner college admits students who prepare for the Navin Shastri and Shiksha Shastri examinations which are held by the University and examinations for which are held by the University in May and June every year. (2) The University has a Syndicate and a Senate. It appears that the college applied to be affiliated to the University ...
Shama Beg Vs. Khawaja MohiuddIn Ahmed
Court: Delhi
Decided on: Dec-23-1971
Reported in: ILR1972Delhi73
Prithvi Raj, J.(1) This Letter Patent Appeal is filed against the judgment dated November 2, 1970 passed by a learned single Judge of this Court whereby the learned Judge dismissed the appeal filed by the appellant against the order dated 2nd April, 1970 passed by the District Judge, Delhi directing the appellant to cause the custody of the minor Master Shuja to be given to the respondent. Before the learned single Judge, amongst other contentions, the two contentions raised were that respondent had re-married and had children from his second wife ; that from the time of its birth, the child has not even been seen by the father; that under the circumstances the respondent could not be expected to have any love or affection for the child and that it is in the interest and for the welfare of the minor that its mother's mother should continue to have the custody of the minor as the minor was being maintained by Shrimati Kidwai, maternal grandmother whose husband was the Indian Ambassador ...
Union of India Vs. Sterling General Insurance Co. Etc.
Court: Delhi
Decided on: Dec-23-1971
Reported in: 1972RLR56
S.N. Andley (1) The Sterling General Insurance Co. Ltd. (respondent No. 1.) and the Hindustan Times Ltd. (respondent No. 2) filed the suit out of which this appeal arises against the appellant Union of India for recovery of Rs. 70,000.00. The suit was decreed by the trial Court by its Judgment and decree dated January 15, 1962 against which the Union of India have filed this appeal. (2) Respondent No. 2 owned two aircrafts which were insured with respondent No. 1 These aircrafts were burnt on May 8, 1958 while in the hangar at the Delhi Flying Club. Safdarjung Aerodrome, New Delhi, when a Vampire aircraft belonging to the Indian Air Force hit the ground at the side aerodrome and crashed into the hangar resulting in the fire to the two aircrafts belonging to respondent No. 2. Respondent No. 1 paid claims of Rs 60,000.00 for one of the aircraft and of Rs. 10,000.00 for the other aircraft to respondent No. 2 on May 21, 1958 in pursuance of the policies of insurance and became subrogated t...
Dayal Singh Vs. Collector of Stamps
Court: Delhi
Decided on: Dec-20-1971
Reported in: AIR1972Delhi131
V.S. Deshpande., J.1. Shri Satya Pal Pehal held certain land on perpetual lease from the Delhi Development Authority. The lessee could not transfer the lease except with the previous consent in writing of the Lesser. In granting such consent, the Lesser could impose terms and conditions and was to be entitled to claim and recover 75 per cent of the 'unearned increase in the value', i.e. the difference between the premium paid and the market value, of the land at the time of the transfer from the existing lessee to the new lessee. This amount was to be a first charge on the land. Satya Pal Pehal transferred the lease to Dayal Singh on 23.8.1969. The Delhi Development Authority granted permission to the transfer 'subject to a deposit of Rs. 52,401.95 as non-earned increase and further Rs. 271.85 as non-construction penalty which the vendee has agreed to pay after the completion of the lease deed'. The transfer deed further says that 'the vendor hereby sells, transfers, conveys all his le...
Mohinder Singh Vs. State
Court: Delhi
Decided on: Dec-20-1971
Reported in: ILR1972Delhi788
Hardayal Hardy, C.J.(1) The accused who will hereafter be referred to as the appellant, is a young man of about 22 years of age. He has been working as a carpenter and residing in Delhi for quite some time before the occurrence which has now led to his being charged with the murder of Santokh Singh, a timber merchant of Lakkar Mandi, Naraina, Delhi. He was tried by an Additional Sessions Judge and was convicted for an offence punishable under Section 302 I Pc and was sentenced to death. The case has come up before us for confirmation of the death sentence. The appellant has also filed an appeal against his conviction and sentence. The Murder reference and the appeal have both been heard together. (2) The appellant was not represented by a counsel and was assigned a counsel at the expense of the State. Shri Rameshwar Dial, a retired District and Sessions Judge was asked by us to accept the brief. This court is grateful for the industry bestowed by the learned counsel and for the conspic...
Kishan Lal Johar Vs. Nanak Chand and ors.
Court: Delhi
Decided on: Dec-20-1971
Reported in: 9(1973)DLT9
D.K. Kapur, J.(1) This appeal under section 39 of the Delhi Rent Control Act, 1958, is by the tenant and arises out of an application for fixation of standard rent instituted by the landlords. Property in question was originally owned by a Muslim who migrated to Pakistan and consequently the property vested in the Custodian of Evacuee properly. The properly became a part of the compensation pool under the Displaced Persons (Compensation and Rehabilitation) Act, 1954 and was auctioned to Har Kishan Lal and others on 2nd July, 1959. Provisional possession of the property was delivered to the purchasers on 24th February, 1960 and a sale certificate was granted on 30th July, 1962. In accordance with the letter delivering provisional possession the tenant attorney to the purchasers. An application for fixation of standard rent was instituted before the Rent Controller on 29th July, 1964. The property was later on transferred to the present landlords. According to the landlords they became e...
inder Singh Vs. the Collector and anr.
Court: Delhi
Decided on: Dec-18-1971
Reported in: 7(1971)DLT421
V.S. Deshpande, J. (1) This and the connected 35 Letters Patent Appeals have been preferred against the judgment of S K. Kapoor J. dismissing 48 Civil Writ Petitions thereby The petitioners had filed suits against the Government for a declaration of permanent injunction restraining the Government from interfering with the right of the petitioners to quarry stones from certain lands on the ground that the said land belonged to Ramjas College Society. During the pendency of the suit a temporary injunction Was granted to the petitioner whereunder the petitioner could quarry stones without interference by the Government but subject to payment of royalty. The suit was dismissed and the appeal filed by the petitioner was also dismissed. The Collector thereupon took proceedings against the petitioner under rule 18 (iv) of the Delhi Minor Minerals Rules 1938 and imposed a penalty on the petitioner amounting to 5 times the royalty payable by the petitioner. This order levying penalty was challe...
Union of ors. Vs. N.K. Pvt. Ltd. and anr.
Court: Delhi
Decided on: Dec-17-1971
Reported in: AIR1972Delhi202; ILR1972Delhi122
V.S. Deshpande, J. (1) After the dis(2) The right of appeal is a substantive one and has to be given by some statute expressly or by necessary implication. We have to find out, thereforee, the particular provision of law which gives the Union of India the right of appeal. Section 4(1) of the Code of Civil Procedure enacts that 'in the absence of any specific provision to the contrary, nothing in this Code shall be deemed to limit or otherwise affect any special or local law'. Provisions of the Letters Patent of the High Courts have been held to be such 'special law'. For instance, clause 36 of the Letters Patent of the High Court of Bombay was held to be applicable in preferences to section 98 of the Code to govern an appeal from the original side of the High Court to a third Judge where two Judges had differed. (Bhahidas v. Pai Gulab 1921) 481. A. 1810. Under sub-section (1) of .section 10 of the Delhi High Court Act, 'where a single Judge of the High Court of Delhi exercises ordinary...
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