Delhi Court May 1971 Judgments
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Vijay Lakshmi Vs. R.P. Singh and ors.
Court: Delhi
Decided on: May-28-1971
Reported in: ILR1971Delhi93
T.V.R. Tatachari, J. (1) This petition has been filed by Kumari Vijay Lakshmi under Article 227 of the Constitution and Section 115 and 151 of the Code of Civil Procedure, praying that the order (Annexure D), dated 15-10-1969. passed by Shri R. P. Singh, Subordinate Judge, Delhi, rejecting a plaint filed by the petitioner, maybe quashed, and an appropriate direction be given that the suit be tried and heard on merits. The respondents to the petition are (1) Shri R. P. Singh, Subordinate Judge, Delhi. (2) Union of India, through Ministry of Home Affairs, and (3) Shri M. S. Nagra, Subordinate Judge Ambala. Shri Sant Ram, father of the petitioner appeared and argued the petition on behalf of the petitioner, and Shri B. N. Kirpal. Advocate, appeared for the respondents 1 & 2. (2) A suit, No. 446/67, was filed by one Virendra Kumar in the court of Shri R. L. Gupta, Subordinate Judge, Delhi, on the basis of a promissory note against one S. Banerji, and the same was decreed. On 8-10-1968, Vir...
Arjan Singh Vs. Union of India
Court: Delhi
Decided on: May-28-1971
Reported in: ILR1973Delhi933
Prakash Narain, J. (1) An exparte decree in favor of Union of India and against Arjan Singh for recovery of Rs. 47,521/7.00 was passed on 14-4-1960 by the Court of Shri V. B. Bansal, Sub Judge 1st Class, Delhi. The Delhi High Court Act, 1966 came into effect from October 31, 1966. On 17-4-1967, the Union of India moved an execution application (O.M. 434/67) in this Court to execute the decree passed by the Court of Shri V. B. Bansal, Sub Judge 1st Class, Delhi. Notice of this execution application was issued to the judgment debtor, Arjan Singh- After notice had been served on Arjan Singh he moved an application under Order 9, Rule 13(1) read with Section 151 of the Code of Civil Procedure in the court of Shri V. B. Bansal, Sub Judge 1st Class, Delhi, to set aside the exparte decree passed against him. On 21-7-1967 Arjan Singh filed objections to the execution application filed in this Court. The learned Sub Judge sent the application under Order 9 Rule 13 Civil Procedure Code moved by ...
G.S. Harnal Vs. Union of India and ors.
Court: Delhi
Decided on: May-28-1971
Reported in: ILR1971Delhi129
V.S. Deshpande, J. (1) The English phrase 'He will never set the Thames on fire' (corresponding in French and German to 'He will never set the Seine on fire' and 'He will never set the Rhine on fire') to denote the highly improbable failed to find a parallel in India when in March 1968 the newspapers carried the sensational headlines 'Ganga on fire'.(2) When the Barauni Refinery was established near the town of Monghyr on Ganga in 1964, it was required by section 12(1) of the Factories Act, 1948, to make effective arrangements for the disposal of wastes and effluents arising in the manufacturing process at the Refinery. The scheme Brd 39 prepared by it to. discharge the effluents into the Ganga was approved by the Bihar Government under section 12(2) thereof. The Refinery followed the said scheme of discharging its effluent into the Ganga. On 3rd March 1968 the water -supply to Monghyr town was suspended as oil was noticed on the surface of the water near the intake pumping sets. A fir...
Assistant Collector of Customs Vs. Shanti Lal Laxmi Chand Modi and ors ...
Court: Delhi
Decided on: May-28-1971
Reported in: ILR1971Delhi584B
M.R.A. Ansari, J. (1) The Assistant Collector of Customs, New 'Delhi, filed a complaint in the Court of the Sub Divisional Magistrate, New Delhi, against the following seven persons under section 120-B, Indian Penal Code read with section 167(81) of the Sea Customs Act, 1878; section 167(81) of the Sea Customs Act; and under section 167(81) of the Sea Customs Act read with sections 114 and 109, Indian Penal Code :- 1.Mitri Kassab, 2. Latif Hoory alias Hoory alias Noora. 3. Shantilal Laxmichand Modi, 4. Jey Chand Laxmichand Modi, 5. Nalin kumar Dass, 6. Rasiklal G. Shah and 7. Harbanslal Sharaf.(2) The accusations made in the complaint against the above-mentioned seven persons were that they were parties to a continuing conspiracy during the period August 1961 to the end of June 1962 to smug large quantities of gold into India, to dispose of the gold in India and to smuggle out of India Indian rupees currency notes and foreign exchange in sterling and U.S. dollars. In pursuance of this ...
National Agricultural Co-operative Marketing Federation Ltd. Vs. Centr ...
Court: Delhi
Decided on: May-28-1971
Reported in: ILR1971Delhi727; [1972]84ITR376(Delhi)
Hardayal Hardy, J.(1) The only question raised in this petition under Article 226 of the Constitution is with respect to the notice dated 16-9-1970 issued by an Additional Commissioner of Income-tax to the petitioner revising an order dated 23-12-1969 made by the Income-tax Officer District Vi (6) in purported exercise of the power of the Additional Commissioner under Section 263 of the Income-tax Act, 1961. (2) The contention urged on behalf of the petitioner is that such an order could only be made by the Commissioner and not by the Additional Commissioner of Income-tax. It appears that before the Finance Act of 1970 was passed by Parliament there were the following classes of Income- (A)the Central Board of Direct Taxes constituted under the Central Boards of Revenue Act, 1963, (b) Directors of Inspection, (c) Commissioners of Income-tax, (d) Assistant Commissioner of Income-tax, who may be either Appellate Assistant Commissioners of Income-tax or Inspecting Assistant Commissioners ...
General Manager, the Hindustan Times Ltd. Vs. Amar Singh and anr.
Court: Delhi
Decided on: May-28-1971
Reported in: ILR1972Delhi191; 1972LabIC46
Hardayal Hardy, J.(1) This appeal under clause 10 of the Letters Patent is connected with another appeal viz. LPANo.49of 1971. Both these appeals arise out of the same judgment of the learned Single Judge. Lpa No. 48 of 1971 is against the decision in Civil Writ Petition No. 518-D of 1964 while Lpa No. 49 of 1971 is against the decision in Civil Writ Petition No. 199-D of 1965.(2) The appellant in either case is the management of The Hindustan Times, a daily newspaper published in Delhi. The contesting res- pondent in both the appeals is Shri Amar Singh (respondent No. 1) who was a peon employed with the appellant. The other respondent is Shri Roop Chand who was the presiding officer of the Labour Court in Delhi.(3) The question involved in both the appeals is with regard to the amount of gratuity payable to the respondent(4) It appears that in an industrial Dispute between the appellant and its workmen (being Industrial Dispute No. 29 of 1959), the ageof retirement was fixed by the In...
M.R. Ramakrishnan and ors. Vs. Union of India and ors.
Court: Delhi
Decided on: May-27-1971
Reported in: ILR1971Delhi494
Jagjit Singh, J.(1) The petitioners in this case, hundred in number, are permanent officials of the grade of Assistants in the Central Secretariat Service. Petitioner I and petitioners 6 to 100 were directly recruited as Assistants. Petitioners 2 to 5 were not directly recruited as Assistants but are admittedly holding high positions in the seniority list of permanent Assistants. (2) Through a petition filed by them on August 27, 1970 the petitioners challenged the validity of sub-rule (2) of rule 2 of the Central Secretariat Service (Fifth Amendment) Rules, 1970 to the extent it amended the Fourth Schedule to the Central Secretariat Service Rules, 1962 (hereinafter referred to as 'the 1962 Rules'. (3) On September 28, 1970 ten other Assistants of the Central Secretariat Service, who wanted to oppose the writ-petition and claimed that their interests would be adversely affected in the event of the above-mentioned sub-rule being declared ultra-vires, were imp leaded as respondents 3 to ...
Madan Mohan Lal Garg Vs. Brijmohan Lal Garg and ors.
Court: Delhi
Decided on: May-26-1971
Reported in: AIR1971Delhi313
1. Madan Mohan Lal Garg-appellant, Brij Mohan Lal Garg-respondent with their father Shanker Lal Garg were carrying on a partnership business under the name and style of 'Meerut Engineering Works'. This firm was manufacturing Sugar Cane Crushers, Centrifugal Sugar Machines and Persian Wheels etc. On 9th June, 1960 an application was made to the Assistant Registrar of Trade-Marks, New Delhi for registration of the Trade Mark 'Shanker'. This application was made in the names of all the partners . The application was contained in the Trade-Marks Journal No. 285, dated the 16th April, 1961 under Section 20 of the Trade and Merchandise Marks Act, 1958 (hereinafter referred to as the Act). During the pendency of this application this partnership firm was dissolved on 1-11-1961 and a deed of dissolution was also executed. The original deed was given to Brij Mohan Lal Grag-respondent and a copy of the same was kept by Madan Mohan Lal Garg-appellant. On 15-11-1961, the appellant wrote to his Sol...
Bhai Sundar Dass and Sons Vs. the Commissioner of Income-tax, New Delh ...
Court: Delhi
Decided on: May-26-1971
Reported in: ILR1971Delhi734; [1972]85ITR28(Delhi)
Hardayal Hardy, J.(1) This order will dispose of two applications viz: I.T.R. No. 16 of 1969 and I.T.R. No. 45 of 1970. I.T.R. No. 16 of 1969 arises out of an order made by the Income-tax Appellate Tribunal (Delhi Bench 'B') and relates to the assessment years 1958-59 and 1959-60, the corresponding accounting years being the period ending on 12th April 1958 and 12th April 1959, respectively. I.T.R. No. 45 of 1970 relates to the assessment year 1960-61, the previous year being the year ending on 12th April 1960 and has been made by the Income-tax Appellate Tribunal (Delhi Bench 'A'). (2) The applicant being the same in both the cases and the question of law being common, both the cases are being disposed of by one order. (3) The applicant Bhai Sunder Dass and Sons which will hereafter be referred to as the assessed, is a registered firm carrying on the business of running petrol pumps and dealing in accessories. Towards the end of March 1956, a house property at 4/23 B Asaf Ali Road, Ne...
Durga Chand Kaushish Vs. Union of India and anr.
Court: Delhi
Decided on: May-26-1971
Reported in: ILR1971Delhi350
S. Rangarajan, J. (1) The plaintiff-appellant is a lessee of a plot of land measuring 5444 square yards situated in Basti Ara Kashan. Pahar Ganj. Delhi, under a lease deed dated 17th September 1931, executed between him through his father as guardian, and the Secretary of State for India in Council, through the Deputy Commissioner, Delhi. The lease was stated to be for a term of 90 years, commencing from !st April 1931. The plaintiff paid a premium of Rs. 18.154.00 The annual rent was Rs. 365.00, payable in two equal halfyearly Installment of Rs. 182.50 paise each. The demised land as well as other nazul land in Delhi were placed at the disposal of the Delhi Improvement Trust (hereinafter referred to as the Trust) which held and managed this land on behalf of the Government as its statutory agent till it was supreseded in 1957. (2) The Trust framed a scheme for the improvement and development of the Basti Ara Kashan area in which the demised land was situate. To ensure development of t...
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