Delhi Court May 1971 Judgments
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Harbans Lal JaIn Vs. Union of India
Court: Delhi
Decided on: May-25-1971
Reported in: ILR1971Delhi742
S.N. Andley, J. (1) The appellant had purchased land measuring 206 bighas 11 bids was in village Dhirpur sometime in 1950. This land had a frontage on Princess Road off Kingsway and was behind the colony known as Model Town Colony. In 1951-52, the appellant sold certain plots out of this land without getting any plans sanctioned by the appropriate authorities. On October 3, 1959, the Government issued a notification under section 4 of the Land Acquisition Act, 1894, for acquiring. 43 bighas 4 bids was out of this land. The Land Acquisition Collector awarded compensation at the rate of Rs. l.00 per square per square yard which as increased to Rs. 2/8.00 per square yard by the Additional District Judge, Delhi, upon reference made to him and this was further increased to Rs. 8.00 per square yard by the High Court of Punjab by its judgment dated July 24, 1963 (Exhibit (A.34). (2) The remaining land comprising an area of 163 bighas and 7 bids was was notified under section 4 of the said Act...
Khairati Ram Nayyar Vs. K.B. Advani
Court: Delhi
Decided on: May-25-1971
Reported in: 8(1972)DLT522; 1972RLR105
D.K. Kapur, J. (1) This is an appeal by the landlord, Kharaiti Ram Nayar against his tenant, K. B. Advani which is brought against the order of the Rent Control Tribunal directing the tenant to be put back in possession of the demised premises. The ejectment application filed by the landlord resulted in an eviction decree being passed by the Rent Controller ex-parte against the tenant on 10/06/1968. The landlord applied for execution of the eviction order a id obtained possession of the demised premises on 15/07/1968. The tenant filed an application for setting aside the ex-part eviction restoration oforder which resulted in the order being set aside eventually on 18/09/1969. Thereafter, the tenant applied for restoration of possession. The Rent Controller dismissed this application on l 7/11/1970 on the view that no restitution could be allowed. The tenant appealed to the Tribunal, it was held on this appeal that the Rent Controller had the powers of a civil court while executing a de...
The Commissioner of Income-tax Vs. Supreme Motors Pvt. Ltd.
Court: Delhi
Decided on: May-24-1971
Reported in: ILR1971Delhi16; [1972]84ITR1(Delhi)
Hardayal Hardy, J.(1) The following two questions have been referred to this Court under Section 256(1) of the Income-tax Act 1961 which will hereafter be described as the Act, by an order dated 11-2-1966 made by the Income-tax Appellate Tribunal (Delhi Bench C' :-- '1. Whether on the facts and in the circumstances of the case the expenditure of Rs. 6,900.00 incurred by the assessed was incidental to the business carried on by it and allowable '2. Whether on the facts and in the circumstances of the case, disallowance of a sum of Rs. 5,493.00 out of the assessed's claim of Rs. 10,893.00 paid as rent for the house, provided rent free to Shiri S. K. Sanghi, Director is justified in law ?'The asscssee is a private limited company and the assessment year is 1962-63, the relevant accounting period being the year ended 30th September 1961. The facts are simple and there is no doubt about them. Motilal Sanghi. a former Chairman of the assessed company, died in July 1961 and his dead body was ...
Union of India Vs. Inder SaIn Bakshi
Court: Delhi
Decided on: May-24-1971
Reported in: ILR1971Delhi705; 1972LabIC51
H.R. Khanna, C.J. (1) This appeal under Clause 10 of the Letters Patent by the Union of India is directed against the judgment of learned Single Judge whereby he accepted Regular Second Appeal of Inder Sain Bakshi respondent and awarded a declaratory decree in his favor. (2) The respondent was a Civilian employee of the defense Department of the Government of India. He was appointed in 1924 in the Military Farms Department, subsequently called the Remount Veterinary and Farms Corps of the defense Services. The respondent was promoted to the rank of temporary Manager in 1944 and he held that post till 1951. In June, 1950 the Deputy Assistant Director of Remount Veterinary Farms paid a surprise check-up visit to the Farm at how where the respondent was working as a Manager and inspected the stores. On the basis of the check-up the respondent was suspended on June 26. 1950 and was transferred to Namkum in Bihar. A charge-sheet dated July 14, 1950 was served upon the respondent and he was ...
Naubat Rai Ahluwalia Vs. Phool Rani and ors.
Court: Delhi
Decided on: May-24-1971
Reported in: ILR1971Delhi610; 1971RLR54
D.K. Kapur, J.(1) This is a second appeal under Section 39 of the Delhi Rent Control Act, 1958 arising out of an ejectment petition brought by the landlord on the ground of home fide personal necessity. It was claimed in the petition that the premises were required bona fide by the landlord as a residence for himself and his family. Initially, the ejectment petition was rejected by the Additional Rent Controller on 4th March 1968 on the ground that there was no notice terminating the contractual tenancy and hence the application was not maintainable. The landlord appealed to the Rent Control Tribunal, which held that a valid notice had been given terminating the tenancy and the case was remanded back to the Controller. However, during the pendency of that appeal, the landlord died and his legal representatives were substituted as appellants in the case. This Court also affirmed the decision of the Tribunal in second appeal.(2) On remand, the Rent Controller held that the claim for bona...
Delhi State Government Employees Co-operative House Building Society L ...
Court: Delhi
Decided on: May-21-1971
Reported in: ILR1971Delhi1B
T.V.R. Tatachari, J. (1) This writ petition has been filed by the petitioners, namely, ( 1 ) Delhi State Government Employees Co-operative House Building Society Ltd., Delhi, (2) Shri B. P. Jain, President of the said Society and (3) Shri Gopal Krishan, Secretary of the said Society, praying (1) that the respondents, namely, (1) the Municipal Corporation of Delhi (hereinafter referred to as the 'Corporation') and (2) The Commissioner, Municipal Corporation of Delhi, be directed to take over and maintain the civic amenities and other statutory and public services of the colony established and developed by the aforesaid Society which enjoined upon them by section 42 of the Delhi Municipal Corporation Act, 1957 (hereinafter referred to as the 'Corporation Act'); and (2) that the respondents be restrained from levying and collecting any taxes by way of property tax, water tax, scavenging tax and general tax from the residents of the colony unless and until the said services and civic ameni...
Dewan Anand Kumar and ors. Vs. Shama Magazine
Court: Delhi
Decided on: May-21-1971
Reported in: ILR1971Delhi85
V.S. Deshpande, J.(1) The appellants are the landlords of the premises the construction of which was finished in December 1953 and which were let out to the tenant with effect from 1st January, 1954. The tenant applied for the fixation of standard rent of the premises on 20th July 1962. under sections 9 and 12 of the Delhi Rent Control Act. 1958 (hereinafter called the Act). In column Is (a) of the application, the tenant stated as follows :- 'under section 6(2) of the Act the agreed rent continued in. force for a period of seven years up to 31st December, 1960. The applicant was prevented from filing the application for standard rent uptil 31st December. 1960 as on that date the seven years period expired. This application is being submitted within two years of the time when the petitioner became entitled to submit the application for fixation of standard rent. The application is being submitted within two years of the arising of the cause of action on 1st January, 1961. The applicant...
N. Lakshmaiah and ors. Vs. Union of India and ors.
Court: Delhi
Decided on: May-20-1971
Reported in: ILR1971Delhi540; 1971LabIC1553
V.S. Deshpande, J.(1) Recruitment to the Central Engineering Service Class I and to the Central Electrical Engineering Service Class I is made under the Central Engineering Service Class I Recruitment Rules (S.R.O. 1841 of 1954) and under the Central Electrical Engineering Service Class I Recruitment Rules (S.R.O. 1943 of 1954) respectively. The later Service and the latter Service Rules are analogous to the former Service and the former Service Rules. To avoid repetition, thereforee, reference will be made only to former set of Service and the Service Rules. The most important rules on the construction of which these writ petitions have to decided are the following: 'PARTII-Methods of Recruitment. 3. Recruitment to the Service shall be made by any of the following methods:- (a) By competitive examination in India in accordance with Part Iii of these rules. (b) By promotion in accordance with Part Iv of these rules. (c) By transfer in accordance with Part V of these rules. 4. (1) All a...
JaIn Education Society and ors. Vs. Lieutenant Governor and ors.
Court: Delhi
Decided on: May-18-1971
Reported in: ILR1971Delhi561
V.S. Deshpande, J.(1) THE. Delhi Administration gives grants- in-aid to higher secondary schools recognized by the Central Board of Secondary Education and to other schools, such as middle schools, recognized by its department of Education. The administrative instructions governing the recognition of middle schools are set out in Chapter Iv of the Delhi Education Code, 1965 (hereinafter called the (A)Disbursement of salary to the members of the staff be made in time. (b) Departmental rules be followed strictly. and (c) Immediate steps be taken to construct the school building on the plot which the school is having for this purpose and compliance report be submitted by the end of December 1968.Again on 26-5-1969 the Department extended the provisional recognition of the middle school for a further period of one year from, 1st May 1969 to 30th April 1970 as per Annexure R-1 to the written statement subject to the several conditions, the following of which are material, namely:- (A)Salary...
New Delhi Vs. R.C. Sud and Co. Pvt. Ltd., New Delhi
Court: Delhi
Decided on: May-18-1971
Reported in: ILR1971Delhi751
Hardayal Hardy, J.(1) This reference has been heard in the absence of the assessed and its counsel. But since the decision is covered by a Division Bench judgment of this Court in Commissioner of Income-tax, Delhi v. Chiranji Lal : [1969]74ITR480(Delhi) we did not consider it necessary to wait for the assessed and its counsel.(2) The case has been argued on behalf of the Revenue by Shri G. C. Sharma who has sought to distinguish the Bench decision of this court by reference to Section 43(6) of the Income-tax Act 1961 by submitting that there is some difference between the language employed in sub-section (6) of Section 43 of the new Act and Section 10(2) (vii) of the Indian Income-tax Act, 1922. He however conceded that in an appropriate case he would raise that question but so far as the present case is concerned he felt bound by the aforesaid decision of this court. Whatever may be the view of the learned counsel, so far as the present case is concerned, we are in agreement with the ...
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