Delhi Court January 1972 Judgments
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Madhubala Private Ltd. Vs. Naaz Cinema and ors.
Court: Delhi
Decided on: Jan-31-1972
Reported in: AIR1972Delhi263; 8(1972)DLT255
Jagjit Singh, J.1. On February 6, 1963, Shri R.L. Sehgal, Commercial Subordinate Judge First Class, Delhi, ordered an award dated September 20, 1960 to be made the rule of the Court. Accordingly in terms of the award a decree was passed for Rs. 10,513.75, including Rs. 513.75 on account of cost of arbitration proceedings, in favor of Messrs Naaz Cinema and against Messrs Madhbala Private Limited. This appeal is against the order and decree of the Subordinate Judge.2. On March 18, 1960 there was an agreement between Messrs Madhubala Private Limited, Delhi, and Messrs Naaz Cinema New Delhi. Messrs Madhubala Private Limited are producers and distributors of cinematograph films and have hereinafter been referred to as 'the distributors'. Messrs Naaz Cinema is a firm registered under the Indian Partnership Act and is an exhibitor of cinematograph films. For facility of reference they are called hereinafter as 'the exhibitors'. The agreement between the distributors and the exhibitors provid...
Parma Nand Ahuja Vs. Satya Dev Ahuja and ors.
Court: Delhi
Decided on: Jan-31-1972
Reported in: AIR1973Delhi190
P.S. Safeer, J.(1) This appeal is directed against the decree dated the 25th of October 1961, made by a Sub-Judge First Class, Delhi, the foundation whereof is the impugned judgment made on the same date.(2) The appellant, Parmanand Ahuja, instituted a suit against his two step-brothers, a step-sister and a step-mother for obtaining through partition his share in the businesses and properties including the verified claims to compensation which belonged to his deceased father Shri Lachhman Das Ahuja. The plaintiff filed Schedules A, B, C and D containing the particulars of various properties. In paragraph 10 of the plaint dated the 26th of February, 1959, the plaintiff stated :- '10.That the said Shri Lachhman Dass Ahuja on 16th October, 1956, executed his 'will' according to which he bequeathed to the plaintiff 1/3rd share in the immovable properties mentioned in Schedule 'A' ; his 1/2 share in all the businesses including their all entire stocks, assets, outstandings, goodwill, Import...
Udho Ram Vs. Ishwar Datt
Court: Delhi
Decided on: Jan-25-1972
Reported in: 8(1972)DLT225
Dalip K. Kapur, J (1) This is a Second Appeal under the Delhi Rent Control Act, 1958 by the tenant, Udho Ram. The landlord, Ishwar Datt had brought an application for ejectment of the tenant from premises situated at 4-1/55, Lajpat Nagar, New Delhi, on the ground of non-payment of rent as well as bona fide personal requirement. This application was pending before Shri D. C. Aggarwal, Rent Controller, Delhi, but was transferred to Shri P. K. Bahri, Additional Rent Controller. After it had been transferred, the tenant did not appear and consequently, the landlord obtained an ex-parte eviction order against the tenant on 9th June, 1969. On 21st July, 1969, the tenant moved an application for setting aside the ex-parte order on the ground that the case was pending before Shri D. C. Aggarwal, Additional Rent Controller till 15th October, 1968. When Shri Aggarwal relinquished charge, he claimed he bad been told that a notice would be sent intimating him the date of bearing before the transfe...
The Commissioner of Income-tax (Central), New Delhi Vs. Upper Doab Sug ...
Court: Delhi
Decided on: Jan-24-1972
Reported in: ILR1972Delhi661; [1972]85ITR489(Delhi)
Hardayal Hardy, C.J.(1) The question raised in this reference under S. 256(1) of the Income-tax Act, 1961 relates to imposition of penalty amounting to Rs. 97028/04 for delayed payment of cess and purchase tax levied under the U.P. Sugarcane Cess Act, 1956.(2) The Tribunal had held that the amount was an allowable expenditure under Section 10(2) (xv) of the Income-tax Act, 1922. The assessment related to the assessment year 1962-63, the year of account being the year ended on 30th September, 1961. As the assessment order was made by the Income-tax Officer after the coming into force of the Income-tax Act, 1961 in response to a notice issued under that Act, the Commissioner's application for reference was made under Section 256(1) of the said Act and the following question of law was referred to this Court :- 'WHETHERon the facts and in the circumstances of the case, the Tribunal was justified in holding that the sum of Rs. 97,021 was an allowable deduction.?'(3) There is no dispute as ...
Meghwanti Vs. Surinder Mohan
Court: Delhi
Decided on: Jan-21-1972
Reported in: 8(1972)DLT405
T.V.R. Tatachari, J.(1) This civil revision has been filed under section 115 of the Code of Civil Procedure by Shrimati Meghwanti, defendant in suit No. 81 of 1969 on the file of Shri R.L. Gupta, Subordinate Judge 1st Class, Delhi, against an order dated 31st August, 1971, whereby the learned Subordinate Judge rejected an application filed on behalf of the petitioner-defendant praying that an identification parade may be held. (2) The respondent Surinder Mohan, filed a suit against the petitioner for recovery of Rs. 1500.00 on the basis of promissory note. The petitioner filed a written statement pleading, inter alia, that the suit promissory note was never executed by her; that no consideration passed to him; that the pronote was 'under unstamped'; that she was a Pardanashin lady and her signatures have been forged through the instrumentality of one L. Jaswant Rai who was the real plaintiff behind the scene ;and that in fact the petitioner was away to Calcutta on the date of execution...
Narayana Ramchandra Karambelker Vs. State
Court: Delhi
Decided on: Jan-21-1972
Reported in: 1972CriLJ1446; 8(1972)DLT357
V.D. Misra, J. (1) 'WHETHER an order passed by a Magistrate discharging an accused on a report made by the police under section, 173, Criminal Procedure Code, is an administrative or ajudicial order,' is the question which arises in these two criminal revisions Nos. 48 of 1966 and 235 of 1969, which are being heard together and will be disposed of by this order.(2) In Criminal Revision No. 48 of 1966 the facts in brief are that the police registered a case under section 406, Indian Penal Code, against the petitioner and another person on the basis of a report lodged by Sqn. Ldr. P.S. Bhinder on September 3, 1963. On October 20, 1963, the petitioner, who had been arrested by the police on the basis of the said report, was released on bail. On March 15, 1965, the police made a report to the Subdivisional Magistrate staling that there was no case against the petitioner and he might be discharged. By his order dated April 16, 1965, the Subdivisional Magistrate discharged the petitioner. Th...
Roshan Lal Aggarwal Vs. Madhu Soodan Sharma and ors.
Court: Delhi
Decided on: Jan-21-1972
Reported in: AIR1973Delhi7; 8(1972)DLT222
B.C. Misra, J.(1) This appeal under section 39 of the Delhi Rent Control Act, 1938 (hereinafter referred to as the Act) has been filed by the tenant against the appellate judgment and order of the Rent Control Tribunal dated 5th January, 1971 by which the Tribunal allowed the appeal and reversing the order of the Additional Controller dated 28th February, 1970, finally ordered eviction of the tenant appellant on the ground of bona fide personal necessity of the landlords mentioned in proviso (e) of sub-section (1) of section 14 of the Act. (2) The brief facts of the case giving rise to the appe I are that the three landlords who are owners of the property in dispute, instituted a petition against the tenant for eviction on the ground of bona fide personal necessity on the allegations that two of the landlords had a family of 8 and 6 members respectively while third landlord Girijesh Kumar Sharma, who was temporarily residing in London along with his wife, was due to return to Delhi in ...
Kamwar Lal Gupta Vs. Amar Nath Chawla and ors.
Court: Delhi
Decided on: Jan-20-1972
Reported in: ILR1972Delhi717
S.N. Andley, J.(1) The document Exhibit Public Witness . 11/5 which contains a writing in Hindi was produced and proved by Public Witness . 11 who is an employee of the Sarvdeshik Press. This document was admitted in evidence only in connection with the corrupt practice referred to in section 123(6) of the Representation of the People Act, 1951, relating to the excess of expenses over the prescribed limit of Rs. 10,000.00 which is covered by Issue No. 10 and not in connection with the corrupt practice relating to annexures 'A' and 'B' to the petition which is covered by Issues Nos. 8 and 9. Public Witness . 11 stated that respondent No. I, accompanied by Krishan Avtar Aggarwal; Public Witness . 2 and respondent No. 5 had come to his press for getting some printing work done and that Krishan Avtar Aggarwal wanted 9 pamphlets, including Exhibit PW. 11/5, to be printed. Neither this witness nor any other witness has stated that the writing on Exhibit Public Witness . 11/5 is that of respo...
Lilawati Namdhari Vs. Thakar Bhagwan Dass Janjhua and ors.
Court: Delhi
Decided on: Jan-20-1972
Reported in: ILR1972Delhi107B
B.C. Misra, J.(1) This order will dispose of two appeals (F.B.A.0s. Nos. 78 of 1968 and 158 of 1968). The first of the appeals has been filed by Smt. Lilawati (who is hereinafter referred to as the debtor) and the second appeal has been filed by Thakar Bhagwan Dass and Thakar Harbans Singh (who are hereinafter referred to as the creditors).(2) The material facts of the case briefly stated are that the aforesaid creditors had a claim for a debt against Smt. Lilawati debtor and they in 1953 filed an application under section 10 of the Displaced Persons (Debts Adjustment) Act 70 of 1951 (hereinafter referred to as the Act). The claim laid was for a larger amount, but on the admission of the debtor, the Tribunal passed a decree dated 30th December, 1953 for payment of Rs. 1,10,000.00 by the debtor to the aforesaid two creditors.(3) It appears that Shri Atma Singh Narndhari, M. P., husband of Smt. Lilawati, also owed a debt and on his death, Lilawati debtor above-mentioned, along with her c...
Union of India Vs. I.M. Lal and anr.
Court: Delhi
Decided on: Jan-20-1972
Reported in: ILR1972Delhi601
V.S. Deshpande, J. (1) In these letters patent appeals (L.P.A. Nos. 27, 64, 65 and 66 of 1970) the main question is whether the retired members of the Indian Civil Service residing in India are entitled to be paid their pensions in pound sterling in the United Kingdom. The decision depends on the construction of the relevant provisions of law. The guarantee that the conditions of their service would be the same as they were at the commencement of the Constitution is contained in Article 314 of the Constitution which is as follows: 'EXCEPTas otherwise expressly provided by this Constitution, every person who having been appointed by the Secretary of State or Secretary of State in Council to a civil service of the Crown in India continues on and after the commencement of this Constitution to serve under the Government of India or of a State shall be entitled to receive from the Government of India and the Government of the State, which he is from time to time serving, the same conditions...
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