Delhi Court July 1971 Judgments
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Bani Devi Vs. A.K. Banerjee
Court: Delhi
Decided on: Jul-19-1971
Reported in: AIR1972Delhi50
1. The main question which arises for decision in this appeal by the wife under Section 28 of the Hindu Marriage Act (hereinafter referred to as the Act) is as to what is meant by the expression 'incurably of unsound mind' used in Section 13(d)(iii) of the Act 2. The Hindu Marriage Act, 1955 does not define the term 'unsound mind' I find that while laying down the conditions for a Hindu Marriage under Section 5(ii) of the Act the Parliament used word 'idiot or lunatic' for disqualifying a party from entering into a valid marriage. Under Section 10(1)(e) the term 'unsound mind' has been used for giving a right to a party to pray for a decree of judicial separation. Under Section 13(1)(iii) of the Act a party is entitled to ask for dissolution of a marriage by a decree of divorce on the ground that the other party has 'been incurably of unsound mind' for a continuous period of not less than three years immediately preceding the presentation of the petition. The use of different expressio...
R.N. Gupta Vs. Commissioner of Income-tax, Delhi
Court: Delhi
Decided on: Jul-19-1971
Reported in: ILR1971Delhi507; [1972]84ITR780(Delhi)
Hardayal Hardy, J. (1) This case relates to several years of assessment. It also relates to two brothers namely Shri R. N. Gupta and Shri Krishan Mohan who will hereafter be called 'assesseds'. Several applications for referring the questions of law arising out of the judgments of the Income Tax Appellate Tribunal (Delhi Bench 'A') were filed by the assesseds. (2) In the case of Shri R. N. Gupta the relevanyears of assessment are 1959-60, 1960-61 and 1961-62, the accounting periods being the calendar years 1957, 1958, 1959, 1960 and 1961 respectively. Some of the reference applications which were filed before the Tribunal arose under Section 66(1) of the Indian Income Tax Act, 1922 while others arose under Section 254 of the Income Tax Act, 1961. Since the facts involved in the appeals of both the assesseds were similar and the same questions of law arose out of the orders of the Tribunal, a common statement of case was drawn up by the Tribunal and referred, originally to the High Cour...
Prithi Singh JaIn Vs. Hema Chand JaIn and anr.
Court: Delhi
Decided on: Jul-14-1971
Reported in: AIR1972Delhi194
ORDER1. The petitioner, Prithi Singh Jain, filed this petition under Article 227 of the Constitution of India praying that an order (Annexure X), dated 22.12.1970 passed by Shri D.K. Poddar, Competent Authority. Slum Areas, granting permission for the institution of a suit or other proceeding for obtaining a decree or order for eviction of the petitioner from the suit premises which consists of one room and one godown, be quashed. The respondents to the petition are (1) Shri Hem Chand Jain, and (2) Shri D.K. Poddar. Competent Authority, Slum Areas. Delhi. 2. Respondent No. 1 is the owner of the premises No. 2799 in Kinari Bazar, Dariba Kalan Delhi - 6, and the petitioner is his tenant in respect of one room and one kitchen (godown) in the said premises. Respondent No. 1 filed an application (Annexure A) under Section 19 of the Slum Areas (improvement and Clearance) Act, 1956, for permission to institute a suit or proceedings for obtaining a decree or order for eviction of the petitione...
Management of Natraj Cottage Industries, Delhi Vs. the Presiding Offic ...
Court: Delhi
Decided on: Jul-14-1971
Reported in: 8(1972)DLT171; 1972LabIC390
Jegjit Singh, J.(1) The management of Natraj Cottage Industries, Sadar Bazar Delhi asked for issuing a writ of the nature of certioiari to quash an order of the Labour Court dated February 2, 1971. (2) Through an application under Section 33-C(2) of the Industrial Disputes Act, 19 Wages for nine months 15 days at Rs. 70.00 per month ... Rs. 665.00 Overtime wages for nine months ... Rs. 665.00 Leave wages for two years ... Rs. 70.00 Bonus for two years ... Rs. 67.60 That application was dismissed in default by the Labour Court, Delhi, on March Ii, 19'/0. In the order by which the application was dismissed it was mentioned that Shri D. N. Vohra was present for the management but no one was present on behalf of the workman and even on the last date of hearing no one had appeared for him. Inview of the absence of the workman or any one to represent him the application, which had been registered aNo. 356 of 1968, was directed to be struck off. (3) The workman, on March 14, 1970, submitted a...
Satya NaraIn Vs. Jamna Devi
Court: Delhi
Decided on: Jul-13-1971
Reported in: 1971CriLJ1789; ILR1971Delhi81
P.S. Safeer, J. (1) This petition is directed against an order dated the 22nd of February, 1971, made by an Additional Sessions Judge, Delhi. It is urged that the respondent had never applied for obtaining any maintenance for her children and that the learned Additional Sessions Judge fell into .an error in concluding that the maintenance had been allowed for the respondent the wife and the children. Mr. Sud is justified in raising that contention. (2) A perusal of the order made by the trial court as well as of the petition preferred under section 488 of the Code of Criminal Procedure makes it clear that Jamna Devi respondent claimed maintenance only for herself and not for the children. In the petition she has stated in paragraph 5 :- 'THE respondent can easily pay a sum of Rs. 400.00 towards maintenance expenses easily to the petitioner, who has been made the victim of callous negligence and carelessness and who is not able to maintain herself and her children for whose maintenance ...
R. Dalmia Vs. the Commissioner of Income-tax, Delhi
Court: Delhi
Decided on: Jul-12-1971
Reported in: ILR1971Delhi567; [1972]84ITR661(Delhi)
Hardayal Hardy, J.(1) The following question has been referred to this Court by the Income-tax Appellate Tribunal (Delhi Bench) B' under ction 66(1) of the Income-tax Act, 1922. 'WHETHERon the facts and in the circumstances of the case, the sum of Rs. 53,398.00 spent by Bharat Union Agencies P. Ltd. after the personal necessities of the assessed is income within the meaning of section 2(6C)(iii) of the Income-tax Act, 1922'(2) The assessed is Shri R. Dalmia. The assessment year is 1955-56. The previous year ended on 30-19-1954. (3) Bharat Union Agencies Private Limited, a private limited company had spent a sum of Rs. 53,398.00 to meet the personal necessities of the assessed during the previous year without charging for the same. The assessed was not a director of the company although he was the beneficial owner of 1800 equity shares out of the total of 5000 equity shares in the said company during the previous year. (4) Similarly, Allen Berry and Co. Private Limited had spent a sum o...
Dr. Jayanti Dharma Teja Vs. the State
Court: Delhi
Decided on: Jul-06-1971
Reported in: 1972CriLJ127
ORDERB.C. Misra, J.1. The accused petitioner has moved this application under Section 498 of the Code of Criminal Procedure for being released on bail during the pendency of the trial. The petitioner has been accused of offences inter alias under Sections 409 and 467 of the Indian Penal Code which are punishable with imprisonment for life, together with offences under Sections 420, 477A and 120B of the Indian Penal Code for the alleged embezzlement of a sum of about two crores rupees in foreign exchange out of the funds belonging to a corporate body named Jayanti Shipping Company Limited of which the petitioner had been a permanent Chairman. It appears that in early 1966, the Government of India on receipt of complaints directed an inquiry into the affairs of the said company and the petitioner who was in France paid a visit to India on 6th of May, 1966 but left the country four days thereafter. (The counsel for the petitioner has stated at the bar that the petitioner paid a short visi...
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