Delhi Court September 1971 Judgments
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Sham Kapoor Vs. Municipal Corporation of Delhi and ors.
Court: Delhi
Decided on: Sep-13-1971
Reported in: 1971RLR81
S. Rangarajan, J. (1) This judgment will dispose of similar Writ Petitions Nos. 80,133 to 137 and 176 of 1971. It will be sufficient to set out the facts in C.Ws 79 & 80 of 1971. The only point of distinction between C.Ws 79 & 80 of 1971 and the rest is that in C.Ws 79 & 80 alone there is the additional fact of a notice having been issued by the Municipal Corporation of Delhi on 6-1-1971 under section 126 of the Delhi Municipal Corporation Act asking the persons concerned to show cause why the rateable value should not be enhanced as stated in that notice for 1970-71. Even before the expiry of the dates mentioned in the said notices for showing cause the writ Petitions 79 & 80/71 were filed on 18-1-1971. The rest were filed some time later. (2) The petitioner in C.W. 79/71 is the owner of building bearing Municipal No. 35 Faiz Bazar, Delhi and the petitioner in C.W. 80/71 is a joint owner of building bearing Municipal No. 36 Faiz Bazar, Delhi. Both the buildings. Numbers 35 and 36, wer...
Lord Krishna Sugar Mills Ltd. Vs. Smt. Abnash Kaur
Court: Delhi
Decided on: Sep-13-1971
Reported in: [1974]44CompCas210(Delhi)
Prakash Naeain, J. 1. Smt. Abnash Kaur had filed a winding-up petition against Lord Krishna Sugar Mills Ltd. and others under the provisions, inter alia, of Section 433(f) of the Companies Act, 1956. This petition was decided by me on May 27, 1971. I had not granted the relief of winding up of the company but had made an order granting to the petitioner relief under Sections 397, 398 and 402 of the Companies Act, 1956. Against this order the respondents in the company petition went up in appeal and the said appeals have been admitted. 2. For the purposes of the relief that I had granted to Smt. Abnash Kaur I had constituted an interim board of management. The constitution of this board was somewhat changed by the Appellate Bench but, by and large, the Appellate Bench continued the order passed by me that till the valuation of the shares is fixed by this court, the management of the company will be in the hands of the board constituted by the court and not in the hands of the board of d...
Shiv Lal Vs. Municipal Corporation
Court: Delhi
Decided on: Sep-10-1971
Reported in: ILR1971Delhi758
Pritam Singh Safeer, J. (1) The short question arising in this appeal for determination is whether the imposition souhght to be recovered was illegally made or not and as to from whom the recovery can be made. The present appellant pleaded in the course of the plaint that he was a displaced person and the concerned property was allotted to him on rental basis on 11th of November, 1953. It is nowhere disclosed as to who was the officer who made the allotment. In paragraph 3 of the plaint it was asserted that the property in suit was allottable property within the meaning of the Act. The reference was to the Act mentioned in paragraph I of the plaint and there Act 44 of 1954 was referred to (Displaced Persons Compensation and Rehabilitation Act.). After making those assertions in the plaint the plaintiff assailed the notice dated the 3rd of December, 1966, contending that the imposition was illegal because the property belonged to the Government. (2) I have seen Exhibit P. 2, the origina...
Byford Pvt. Ltd. and ors. Vs. Union of India and ors.
Court: Delhi
Decided on: Sep-09-1971
Reported in: AIR1972Delhi59; ILR1972Delhi171
S. Rangarajan, J.(1) The petitioner company, Messrs Byford Pvt. Ltd. had submitted a tender in pursuance of a tender notice dated 9-11-1970 issued by the Gujarat State Cooperative Land Development Bank Ltd., Ahmedabad (2nd Respondent) hereafter called the Bank. Quotations were invited by the Bank from those suppliers in the member countries of the International Bank for Reconstruction & Development and Switzerland, who had established tractor manufacturing facilities in India or had obtained 'necessary approvals of the Government of India' for manufacture of tractors in India prior to the date of the issue of this notice, for supply of 800 wheel type imported tractors in various quantities in the horse power ranges of above 25 but not exceeding 50, as per specifications given in the tender papers.(2) A sum of 35 million U.S. dollars have been received by the Government of India as credit from the International Development Association (hereinafter called the I.D.A.) in various currencie...
Ganga Bai Vs. Bachomai Tulsidas and anr.
Court: Delhi
Decided on: Sep-08-1971
Reported in: AIR1972Delhi55
1. I had dismissed this Writ Petition in default on 12th February, 1971. A Regular Second Appeal which had been ordered to be heard along with this Writ Petition was also dismissed in default on the same day. An application for setting aside the dismissal and for restoration of the Writ Petition was moved in this Court on 15th July, 1971, and a similar application was filed in the Regular Second Appeal Subsequently an application under Section 5 of the Limitation Act for condensation of delay in filing the application for restoration was also filed. It was stated in the application for restoration that Shri Jetha Nand Betab. Advocate of the applicant had colluded with the other side and had not informed the applicant of the date of hearing.2. Although I would consider the fact that the applicant was not informed of the date of hearing and of the decision of the appeal to be a ground for conducing delay in moving the application for restoration. I do not consider the allegation that the...
Mohinder Singh Vs. State
Court: Delhi
Decided on: Sep-08-1971
Reported in: 1972CriLJ1590
Hardayal Hardy, J. (1) On 8-9-1968, in a small village called Poothkhurd within the jurisdiction of police station Narela in Delhi State a young man named Daya Nand who was employed as a teacher was murdered near about 11.30 A.M. Two persons named Mohinder Singh S/o Sultan Singh, aged about 21 years and Umed Singh S/o Dhani Ram, aged about 26 years who were cousins of the deceased were sent up for trial for an offence u/s 302 read with Section 34 I.P.C. and were sentenced to imprisonment for life by Shri D. R. Khanna. Additional Sessions Judge, Delhi. (2) Mohinder Singh has come up in appeal against his conviction and sentence and is appellant in criminal appeal No. 4 of 1971. Umed Singh who was also a school teacher is appellant in criminal appeal No. 7 of 1971. Both these appeals have been heard together as they arise out of a common incident and the appellants have been tried and convicted by the same judgment. Mohinder Singh is represented by Shri S. N. Chowdhry while Umed Singh is...
Lachmandas Kundandas Dodani Vs. State
Court: Delhi
Decided on: Sep-07-1971
Reported in: ILR1971Delhi426
M.R.A. Ansari, J.(1) The petitioner, Lachmandas Kundandas Dodani, and another person by name, Narsimhan Govinda Rajan, were prosecuted before the Sub Divisional Magistrate, Delhi, for offences under section 120-B Indian Penal Code read with section 5 to the Imports and Exports Control Act, 1947 and section 167(81) of the Sea Customs Act, 1878. The facts of the prosecution case against them may be briefly stated: (2) The petitioner was an Indian national who was doing business in Singapore in the name of two firms, namely, (1) Lachman Jewellers and (2) Luxury Corporation. These firms were situated at 25 High Street, Singapore. These firms were dealing in radios, watches, cameras, fountain pens and other luxury goods. Their customers in India were mostly the foreign embassies and consulates. The petitioner's firms used to send goods to these embassies and consulates both by air as well as by sea and these parcels were delivered to the officials of the embassies and consulates without bei...
Truck Operators Union Vs. Commissioner of Income-tax, New Delhi
Court: Delhi
Decided on: Sep-07-1971
Reported in: ILR1972Delhi208; [1972]86ITR322(Delhi)
S.N. Shankar, J.(1) The following question has been referred to this Court under Section 66(1) of the Indian Income-tax Act, 1922 (Act No. Xi of 1922) (hereinafter referred to as 'the Act of 1922'), and Section 256(1) of the Income-tax Act, 19M(Act No. Xliii of 1961) (hereinafter referred to as 'the Act ofl961') :- 'WHETHERon the facts and circumstances of the case. the Tribunal was right in holding that the payment of Rs. 8,160.00 in each of the years under consideration was of a capital nature and are not a permissible deduction for the purpose of income-tax?'(2) The assessed in this case is Truck Operators Union in the status of association of persons. The relavant assessment years, are 1961-62 and 1962-63, for which the accounting years were the calendar years 1960 and 1961 respectively. The assessed derived income from commission on booking of trucks and in that connection provided facilities to the truck operators opeating in the Subzi Mandi Market, Delhi. According to the statem...
NaraIn Singh Vs. Union of India
Court: Delhi
Decided on: Sep-07-1971
Reported in: ILR1972Delhi115
D.K. Kapur, J.(1) The main question in this Regular Second appeal is whether the proviso to Article 311(2) of the Constitution is attracted to the facts of this case. The relevant part of the proviso reads as follows:- 'PROVIDED that this clause shall not apply- (A)where a person is dismissed or removed or reduced in rank on the ground of 'conduct which has led to his conviction on a criminal charge'. The facts of the case are that the plaintiff, Narain Singh, who is also the appellant in this Court was a cook-mate in the Willingdon Hospital, New Delhi. On 3rd August, 1964 the plaintiff played cards with one Gajjay Singh, Khidmatgar and another person Prem Singh when there was a police raid and all the three persons present were taken into custody. This led to the challans being filed in the criminal court against all these persons except Prem Singh. The plaintiff pleaded guilty and he was sentenced to a fine of Rs. 40.00 and imprisonment till the rising of the court. Following this co...
Gobind Sahai Vs. NaraIn Dass and ors.
Court: Delhi
Decided on: Sep-07-1971
Reported in: ILR1972Delhi55
B.C. Misra, J.(1) This second appeal under section 100 of the Code of Civil Procedure has been filed by the defendant-tenant and is directed against the appellate order of the Additional Senior Subordinate Judge dated 2nd June, 1967 by which he maintained the decree of the trial Court dated 16th May, 1966 for eviction, but modified it in respect of recovery of compensation which he finally determined at Rs. 220.36 instead of Rs. 225.35 found by the Court of first instance. (2) The facts of the case lie in a narrow compass. There is a plot of land measuring about 200 square yards situated in a colony in Delhi-Shahdara. On 1st February, 1968, the plaintiffs let it out to the defendant for a period of Ii months at the rate of Rs. 20.00 per month under a rent note dated 3rd February, 1958 (Exhibit P-1) and it is the construction of the said rent note and whether what had been let out is premises within the meaning of the Rent Act, is the question which has arisen for determination in this ...
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