Delhi Court September 1971 Judgments
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Shree Mandir Sita Ramji, Pilani Vs. Lt. Governor and ors.
Court: Delhi
Decided on: Sep-28-1971
Reported in: ILR1972Delhi75B
S. Rangarajan, J. (1) The petitioner is Shree Mandir Sita Ramji, Pilani managed and maintained by Shree Sita Ram Bhandar, a society registered under the Societies Registration Act 21 of 1960 through its general attorney Shri Madan Lal Anand, having its registered office in New Delhi. The petitioner is said to be a religious institution owning properties including those in dispute in this 'Writ Petition. On the 24th of October, 1935, the petitioner purchased through Seth Jugal Kishore Birla about 324 bighas of land in village Karkar Duma (Shahdara), Delhi for religious purposes, the ownership of which re mained with the Shree Mandir Sita Ramji.(2) After the purchase of the said land, a Hanuman Mandir was constructed thereon and subsequently a number of other buildings were constructed from time to time to meet with various religious requirements. The income from the said land is said to have always been utilised for religious purposes. (3) On the 13th of November, 1959 a notification un...
Harish Chandra Saxena Vs. Union of India and anr.
Court: Delhi
Decided on: Sep-27-1971
Reported in: ILR1972Delhi110
B.C. Misra, J.(1) This revision petition has been filled under section 115 of thJ Code of Civil Procedure against the judgment and order of the Subordinate Judge 1st Class, Delhi, dated 6th October, 1967 by which the learned Judge had dismissed the application of the petitioner filed under sections 33 and 5 of the Arbitration Act.(2) The facts giving rise to this revision are that the petitioner who is a contractor, in response to invitation to tender dated 1st December.. 1961, submitted a tender on 11th December, 1961 for carrying out the work of repairs to an approach road at a place in Morar, District Gwalior. The tender was rough.y at 149 per cent above the scheduled rate. On 16th December, 1951, the petitioner-contractor sent a letter to the respondent to the effect that a mistake had occurred in calculations and his rates were really 249 per cent above the schedule rate instead of 149 percent. This letter was sent under certificate of posting and there is a dispute between the pa...
Madan Lal Vs. State
Court: Delhi
Decided on: Sep-27-1971
Reported in: ILR1971Delhi293
M.R.A. Ansari, J.(1) This revision petition as well as the two appeals, namely. Criminal Appeals Nos, 76 and 77 of 1968, raise common questions of law and may, thereforee, be disposed of by a common judgment. The facts of each of the cases may briefly be stated:-(2) In Criminal Revision No. 305/67 the petitioner had a shop at which he sold sweets and lassi. On 4-6-1966, the Food Inspector of the Municipal Corporation of Delhi went to the petitioner's shop and found a certain quantity of bura kept in a drum in a portion of the petitioner's shop. The Food Inspector informed the petitioner that he wanted to take a sample of the said bura for the purpose of analysis. The petitioner informed the Food Inspector that he was not storing bura for the purpose of sale but only for the purpose of using it in the preparation of lassi. The Food Inspector, however, took 600 grams of bura from the drum and tendered payment of Rs. 1.10 paise to the petitioner as price of the bura taken by him...
Shrikishen Das Gupta and anr. Vs. Delhi Administration and ors.
Court: Delhi
Decided on: Sep-27-1971
Reported in: ILR1972Delhi27
S. Rangarajan, J. (1) The petitioners arc aggrieved by the land acquisition proceedings taken by the Delhi Administration at the behest of the Municipal Corporation of Delhi in respect of their property bearing Nos. 3777, 3778 and 3779 in Ward No. Vi, Charkhewalan, Chauri Bazar, Delhi, Om Parkash is the owner and landlord of the neighbour- ing property bearing No. 3780.(2) On or about the 9th July, 1962, the Commissioner of Municipal Corporation, Delhi sent a proposal to the Corporation lor the acquisition of 2 plots of land bearing Nos. 3564/VI in Kucha Daya Ram belonging to Shri Hansraj Gupta (now Mayor of Delhi) and No. 3777/ Vi in Charkhewalan, Delhi belonging to the petitioners for the purposes of a school; the said letter disclosed the two plots measured 2000 squar yards and 1500 sq. yards, respectively- The aforesaid letter was put up before the Education Committee of the Municipal Corporation for approval. After the same was approved it was put up before the Standing Committee ...
Ram Nath Chitroy Konwal Vs. Union of India
Court: Delhi
Decided on: Sep-24-1971
Reported in: ILR1971Delhi226
M.R.A. Ansari, J. (1) The appellant herein had obtained a decree from the Subordinate Judge, 1st Class, Delhi, in suit No. 489/57 for a sum of Rs. 24,430.65 paise against the Union of India. The latter filed an appeal in the High Court and the decree of the Subordinate Judge was modified by the High Court by reducing the decree amount to Rs. 18,420.82 paise. Thereafter, the Union of India filed an application in the Court of the Subordinate Judge under section 144 Civil Procedure Code for restitution of a sum of Rs. 6,009.83 paise. This application was filed on 10-6-1968. An objection was raised by the appellant on the ground that the monetary jurisdiction of the Court of the Subordinate Judge having been reduced to Rs. 25,000 by the Delhi High Court Act, 1966 with effect from 5th September, 1966, the said Court had no jurisdiction to entertain the application filed by the Union of India. The matter was kept pending in the Court of the Subordinate Judge till 8-8-1969 when it was conced...
Aflatoon and ors. Vs. Lt. Governor and ors.
Court: Delhi
Decided on: Sep-24-1971
Reported in: ILR1971Delhi311
Hardayal Hardy, C.J.(1) This judgment will dispose of a batch of 11 appeals against the judgment of a learned Single Judge of this Court in 11 petitions under Article 226 of the Constitution. The judgment was delivered on 19.7.1971 in No. 303 of 1970. (2) Originally 14 writ petitions were filed by different petitioners. They related to different pieces of land but were posted and heard together as the facts and the points for determination were similar. They were also disposed of by a common judgment. It however seems that out of those 14 petitions, 11 appeals were filed in this Court. (3) There is no dispute as to facts which lie in a narrow compass. On 13-11-1959 a notification under S. 4 of the Land Acquisition Act, 1894 which will hereafter be described as the Acquisition Act, was issued in respect of an area of 34070 acres of land stating that the said land was required by the Government at the public expense for a public purpose, namely, the planned development of Delhi. (4) Subs...
Chinnamma Raini Guptara Vs. Dewan Harish Chand
Court: Delhi
Decided on: Sep-24-1971
Reported in: AIR1972Delhi186; ILR1972Delhi353
V.S. Deshpande, J. (1) An order for eviction of the appellant from the premises belonging to the respondent was passed by the Controller under proviso (i) to section 14(1) of the Delhi Rent Control Act, 1958 (hereinafter called the Act). The order was confirmed by the Rent Control Tribunal. Hence this second appeal by the tenant under section 39 of the Act.(2) The appellant occupied the premises of the respondent landlord from October-November 1961. According to the landlord, she did so from the very beginning in the capacity of a servant of the respondent master. The respondent is a doctor while the appellant is a nurse. The respondent's contention is that the occupation of the premises by the appellant from the very inception was by virtue of the employment though a formal agreement of the conditions on which the appellant occupied the premises came to be executed in March 1962. The appellant on the other hand contended that she was an ordinary tenant of the respondent who was an ord...
Subhash Chander Vs. Ram Singh and ors.
Court: Delhi
Decided on: Sep-23-1971
Reported in: AIR1972Delhi189
1. Subhash Chander has come up in appeal under S.110-D of the Motor Vehicles Act against the order of the Motor Accidents Claims Tribunal, asking for enhancement of compensation. The respondents have also filed cross-objections praying for the dismissal of the application for grant of compensation.2. Subash Chander, aged about 7 years, was going on Corporation Road at about 7.30 A.M. on 10-6-1962 when bus No. Png 2291, belonging to the State of Punjab and driven by Ram Singh, respondent came from behind and hit him. Subhash Chander suffered various injuries and was admitted to the hospital. He made an application for compensation claiming Rs.55,000/- as compensation for the injuries suffered by him because of the accident resulting from negligence and rash and reckless driving by Ram Singh, respondent. This application was contested by the respondents and they alleged that Subhash Chander was injured due to his own fault.3. The Tribunal found that it was the rash and negligent driving ...
Chhajjumal Sumer Chand and anr. Vs. Firm Sohan Lal Kanhaiya Lal and or ...
Court: Delhi
Decided on: Sep-23-1971
Reported in: ILR1971Delhi416
M.R.A. Ansari, J. (1) The appellants herein filed an application before the Subordinate Judge, 1st Class, Delhi, under section 14 of the Arbitration Act (hereinafter referred to as the Act). According to the averments in this application, the appeallants had transactions with the respondents in the purchase and sale of cloth. A sum of Rs. 5,403.59 paise was payable to the appellants by the respondents in respect of these transactions. The respondent committed default in the payment of this amount despite demands being made by the appellants. thereforee, the disputes were referred to the arbitration of the Delhi Hindustani Mercantile Association (hereinafter referred to as the Association) and the Association passed an award dated 25-7-1962 in favor of the appellants for a sum of Rs. 5,403.59 paise plus interest at the rate of 9% per cent per mensern. The appellants, thereforee, wanted that the award made by the arbitrator be filed into Court and that the same be made a rule of the Cour...
Mam Chand Vs. State
Court: Delhi
Decided on: Sep-23-1971
Reported in: ILR1971Delhi689
Prithvi Raj, J.(1) This appeal is directed against the judgment dated 5th November, 1969, passed by Shri D. R. Khanna, Additional Sessions Judge, Delhi where by he convicted the appellant Mam Chand under section 302, 1. P. C. and sentenced him to imprisonment for life. The appellant was further convicted under section 307, Indian Penal Code . for attempt to commit the murder of Babu Lal and was sentenced to five years rigorous imprisonment. Both the sentences are to run concurrently. However, Sri Chand co-accused, the father of the present appellant, was acquitted of all the charges against him on the ground that it was not possible to hold that he had any common intention with the appellant in committing the murder of Jai Ram or in assaulting Babu Lal. The State has not filed any appeal against the acquittal of Sri Chand. (2) With a view to appreciate the contentions raised on behalf of the appellant, who will sometime be referred to as the accused, it would be proper to record briefl...
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