Delhi Court September 1971 Judgments
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S.N. Sunderson and Co. Vs. Harbans Singh Sobti and Co. (P) Ltd. and an ...
Court: Delhi
Decided on: Sep-06-1971
Reported in: ILR1972Delhi263
Hardyal Hardy, J. (1) An interesting question of law with regard to the attachment of money lying with a public servant outside the territorial jurisdiction of the Court passing the decree, has been raised in this case.(2) The decree-holder filed an execution application against the judgment- debtors in which he sought to attach the amount due to the judgment-debtors from the Assistant Engineer, Jatog Sub-Division, Himachal Pradesh, Simla. On the execution application, this amount was attached and received by the Commercial Subordinate Judge Delhi from Simla and the same was handed over to the decree-holder. One of the judgment-debtors, Shri Harbans Singh Sobti, Managing Director of Harbans Singh Sobti & Co. Private Limited, filed an objection petition under Order Xxi rule 58 Civil Procedure Code and Section 151 Civil Procedure Code . At the same time another application under Section 39 read with Section 47 and Section 151 Civil Procedure Code was filed for the restitution of the atta...
The Commissioner of Income-tax, Delhi Vs. the Goodwill Picture Limited ...
Court: Delhi
Decided on: Sep-06-1971
Reported in: ILR1972Delhi146
Hardayal Hardy, J.(1) This reference arises Out of an order made by the Income-Tax Appellate Tribunal, Delhi Bench on 27th September, 1960. The assessment year is 1951-52 for which She accounting year is the financial year ending on 31st March, 1951(2) The respondent who will hereafter be described as the assessed is a company. The question referred to this Court is :-- 'WHETHER on the facts and in the circumstances of the case, the loss that was to be carried forward from the assessment year 1950-51 to the assessment year in question was to be increased by Rs. 75,000.00?' (3) The circumstances in which the case has been placed before the Full Bench arc as follows:- In paragraph 6 of the statement of case submitted by the Tribunal it was stated : 'The department in the meanwhile went up in reference to the Hon'ble High Court on the question as to whether the afore said sum of Rs. 75,000.00 was a capital receipt or a revenue receipt to the assessed. The Hon'ble High Court by its judgmen...
S.L. Ball Vs. M.S. Chopra
Court: Delhi
Decided on: Sep-06-1971
Reported in: ILR1971Delhi637
D. K. Kapur, J.(1) This is an appeal by the judgment-debtor from an order passed on his objections under Sections 47 and 151 of the Code of Civil Procedure by the Executing Court. The decree which is being sought to be executed is for the recovery of Rs. 28,000 which was passed by the Subordinate Judge First Class, Delhi on 30th May, 1966. It appears that the parties had entered into a transaction at Hong Kong by which dollars had been sold to the judgment-debtor at the rate of Rs. 5.60 per dollar in place of the then official rate of Rs. 4.75 to the dollar. At the time of the passing of the decree the Subordinate Judge directed that the decree shall not be enforceable until and unless the plaintiff obtained permission as required by Section 21 of the Foreign Exchange Regulations Act, 1947 from the Central Government or the Reserve Bank of India. The decree-holder obtained the requisite permission from the Reserve Bank of India and applied for execution of the decree. The judgment-debt...
Scotch Whisky Association Vs. Dyer MeakIn Breweries Ltd.
Court: Delhi
Decided on: Sep-06-1971
Reported in: ILR1972Delhi124
V.D. Misra, J. (1) This appeal under Section 109 of the Trade and Merchandise Marks Act, 1958 (hereinafter referred to as the 'Act') is directed against the order of Assistant Registrar of Trade Marks, Delhi dismissing the opposition filed by the appellant and ordering. the registration applied for by the respondent.(2) The respondent filed an application to register a trade mark consisting of a label containing the bust portrait of a Scottish Highlander and the words 'Highland Chief' in Class 33 in respect of Whisky. After its advertisement in the Trade Marks Journal of 16th March, 1964 the appellant filed a notice of opposition.(3) The appellant is a body corporate, incorporated under the United Kingdom Companies Act, 1948. It does not itself carry on the trade but includes amongst its members leading producers and sellers of Scotch Whisky. One of the principal aims of this Association is to protect the interests of the producers and sellers of Scotch Whisky. It is stated in the noti...
Through Vidya Dave and ors. Vs. Delhi Cloth and General Mills Co., Del ...
Court: Delhi
Decided on: Sep-03-1971
Reported in: ILR1971Delhi374
Pritam Singh Safeer, J.(1) The plaintiffs, who are the appellants before me, instituted a suit, which is the foundation of this litigatioh. The suit was instituted on the 12th of February, 1963, for specific performance of the contract pleaded therein. The provisions of the Specific Relief Act, 1877, were applicable at the date of the institution of the suit. The plaintiffs alleged that the Delhi Cloth and General Mills, Company, Limited, the defendant to the suit and the respondent before me, had erected a show room bearing Municipal No. 5523 on the platform belonging to the plaintiffs situated in the courtyard of their Katra known as Moti Katra or Katra Moti Ram, Nai Sarak, Delhi. As on the date of the suit it was stated in para 1 of the plaint that the covenants enumerated therein were in force between the parties. Clause (b) in that para of the plaint is:- '(B) This arrangement would continue for a period of 3 years commencing from Miti Mah Sudi 2 Sambat 2015 corresponding to 9th F...
C.S. Loganathan Vs. P.L. Kapur and ors.
Court: Delhi
Decided on: Sep-01-1971
Reported in: ILR1971Delhi175B
Prakash Narain, J. (1) This order will dispose of I.A. 996 of 1971 and LA. 1205 of 1971. (2) C.S. Loganathan executed a decree for possession of a premises known as 3, Friends Colony, New Delhi against P.L. Kapur and others. He died on 11th May, 1971. On an application moved on behalf of his widow, his two sons and two daughters these five persons were brought on record in place of C.S. Loganathan as his legal representatives but the application was granted subject to all just exceptions. It was further ordered that the name of C.S. Loganathan be deleted from the record and in his place the names of the aforesaid five persons as his legal representatives be brought on the record. No notice of this application was ordered to the judgment-debtors. I.A. 996 of 1971 was then moved on behalf of the legal heirs of C.S. Loganathan under sections 146 and 151 Civil Procedure Code praying that this court be pleased in continuation of the order dated 21st May, 1971 permit the legal heirs to conti...
Vijai Pat Vs. State
Court: Delhi
Decided on: Sep-01-1971
Reported in: 1972CriLJ543; ILR1972Delhi107
V.D. Misra, J. (1) A charge-under Section 392/506/34 Indian Penal Code having framed against the petitioner, he has come up in revision under Section 435/439 Criminal Procedure Code . to this Court. A preliminary objection has been raised by the learned counsel for the State that the petitioner should have approached the Court of Session before coming to this court in revision. He has drawn my attention to the High Court Rules and Orders, Volume 5, Chapter Ia, Rule 3, which lays down that the Deputy Registrar will not receive petitions for revision of orders of original courts in non-appealable cases unless the applicant files with his petition a copy of the order of the Sessions Judge or District Magistrate as the case may be to show that he has applied to one or the other and his petition has been refused. Admittedly the petitioner did not go to the Sessions Judge in revision and has come directly to this Court.(2) Mr. D. R. Sethi, learned counsel for the petitioner contends that thi...
K.R. Malkani and anr. Vs. State and anr.
Court: Delhi
Decided on: Sep-01-1971
Reported in: ILR1972Delhi393
Pritam Singh Safeer, J. (1) This petition is urged against the order dated the 15th of March, 1971, made by the court below while disposing of Criminal Revision No. 91 of 1969. The order discloses a complete disregard on the part of the Additional Sessions Judge, Delhi, of the impugned publication as well as the evidence of Dr. R. S. Parshad P.W. 2. It was the elementary duty of the court concerned with the judicial determination of the fate of the petition pending before it to go deeply into the publication, a portion whereof has been exhibited as X/l and to go thoroughly through the evidence of Dr. R.B. Parshad P.W. 2. That is emphasised for the reason that P. W. I as such did no prove anything beyond this that while Shri Brij Bhushan was the Printer and Publisher of the Weekly, Shri K. R. Malkani was the Editor according to the declaration filled by Shri Brij Bhushan on 7th July 1967. It was the testimony of Public Witness 2 which the prosecution was solely depending upon. I have go...
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