Delhi Court January 1972 Judgments
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The Collector and anr. Vs. Satwant Kaur
Court: Delhi
Decided on: Jan-12-1972
Reported in: 8(1972)DLT307
Hardayal Hardy, C.J.(1) This appeal under clause 10 of the Letters Patent is directed against, a judgment of a learned Single Judge in Civil Writ No. 288 of 1968 -delivered on 1st September, 1969 whereby the petition was accepted and the respondents were directed to de-requisition the premises and restore the possession thereof to its owner. The appellants are the collector of Delhi and Delhi Administration while the respondent is Smt. Savant Kaur, resident of 49/S3, Western Extension Area, Karol Bagh, New Delhi. (2) The petition relates to house No. 49, Blok No. 53 Western Extension Area, Karol Bagh, New Delhi of which the respondent claims to be the owner. The property originally belonged to one Mr Chopra and was requisitioned by an order of the Collector Delhi under Section 3(4) of the Delhi Premises (Requisition and Eviction) Act, 1947 which will hereafter be referred to as the old Act with effect from 26th March. 1949 in response to an application filed by the Central Relief Commi...
The Saraswati Industrial Syndicate Ltd. Vs. Union of India
Court: Delhi
Decided on: Jan-10-1972
Reported in: AIR1972Delhi159
V.S. Deshpande, J.1. The petitioners in these three connected writ petitions (Civil Writs 381, 405 and 406 of 1971) are producers and sellers of sugar having the fundamental rights guranteed by clauses (f) and (g) of Article 19(1) of the Constitution to hold and dispose of their sugar to their best advantage as businessmen. The State can, however, impose reasonable restrictions in the interest of the general public on the exercise of these rights. Sugar is a necessary article of consumption and is an essential commodity. Parliament has, thereforee empowered the Central Government under sub-section (1) of Section 3 of the Essential Commodities Act, 1955 (hereinafter called the Act) to promulgate Orders to provide for regulating or prohibiting the production, supply and distribution thereof and trade and commerce' in essential commodities including sugar 'if the Central Government is of opinion that it is necessary or expedient so to do for maintaining or increasing supplies of any essen...
Jasbir Singh Bedi Vs. Union of India and anr.
Court: Delhi
Decided on: Jan-10-1972
Reported in: ILR1972Delhi645; 1972LabIC1528
V.S. Deshpande, J. (1) Jasbir Singh who held the post of a Vigilance Inspector in the Railways was reverted from the said post on 2-2-1965. He first challenged his reversion by Writ Petition No. 255-D of 1965 on two grounds, namely :- (1)That his appointment to the post had been in a substantive capacity and that he could not be reverted from it while the post continued to exist, and (2)That other similarly situated persons were allowed to continue as Vigilance Inspectors and his reversion was, thereforee, discriminatory contrary to Article 16 of the Constitution. He also applied for permission to plead an additional ground, namely, that the Additional Member (Vigilance) Railway Board, had passed some adverse remarks against the petitioner in the inspection note of December 1964. The reversion of the petitioner was due to it. But the petitioner had not been given any opportunity to show cause against it before he was reverted. The Government claimed the privilege against the disclosur...
The Chief Commissioner (Now Lt. Governor), Delhi and anr. Vs. Kitty Pu ...
Court: Delhi
Decided on: Jan-10-1972
Reported in: AIR1973Delhi148; 1972RLR39
V.S. Deshpande, J. (1) In this fast growing capital of India, all land which can be used for construction has been acquired by the Government to prevent profiteering by private persons. Government has further adopted the policy of leasing such land only to cooperative housing societies. Thus the only way for any one to get land for house building has been to become a member of such a society. It is important, thereforee, both for the members of the public and for the Government to understand properly the law governing such membership and this is precisely what is involved in this appeal.(2) The Diplomatic Enclave Extension Co-operative House Building Society Limited (hereinafter called the Society) granted membership to Shri H.S. Puri on 13-2-1959. The latter transferred the membership to his father Shri B.S. Puri on 12-11-1969. When Shri B.S. Puri died on 3-2-1961 the name of Shri H.S. Puri was found in the books of the society as the nominee of the deceased member. On 31-10-1961, the...
Mandir Dass JaIn Vs. P.R. Varshneya and anr.
Court: Delhi
Decided on: Jan-07-1972
Reported in: AIR1973Delhi71; 8(1972)DLT303
ORDER1. This petition has been filed by a tenant, Mandir Dass Jain, under Article 227 of the Constitution of India, praying that the order, dated 15th September, 1971, of the Competent Authority under the Slum Areas (Improvement and Clearance) Act 1956 (respondent No. 1) granting permission to the landlord Phool Chand Jain, respondent No.2, to institute eviction proceedings against the petitioner (tenant), be quashed.2. Phool Chand Jain filed an application under Section 19 of the Slum Areas (Improvement and Clearance) Act (hereinafter referred to as the Slum Areas Act) seeking permission to institute eviction proceedings against his tenant Mandir Dass Jain (petitioner herein), in respect of a room in premises No. 2593, situated at Peepal Wali Gali, Dharampura, Delhi, on the grounds of non-payment of rent from 4th November, 1970, personal bona fide requirement for occupation as residence and misuse of the premises. It appears that the room in question has one kotha inside and a Chabutr...
Dwarka Dass Nayar Vs. Dwarka Dass Sehgal
Court: Delhi
Decided on: Jan-07-1972
Reported in: ILR1972Delhi355
S.N. Andley, J.(1) This is an appeal against the judgment and decree dated July 29, 1961, of the Subordinate Judge 1st Class, Delhi, whereby the suit for Rs. 11,978.00/4.00 filed by the respondent was decreed for Rs. 10,000.00 with proportionate costs against the appellant. (2) The case of the respondent was that he had an amount of Rs. 20,000.00 on fixed deposit with the Punjab National Bank Ltd., Lango Mandi Branch at Lahore on the basis of which the said bank had allowed the respondent cash credit facilities. The appellant approached the respondent for help in obtaining a loan of Rs. 10,000.00 from the said bank which was granted to the appellant on February 29, 1947, on respondent standing surety and furnishing the security of the said fixed deposit amount. On appellant's failure to repay the loan, the bank recovered Rs. 10,151/10.00 from the respondent by debiting and deducting the sum from his account on May 22, 1947. The respondent claimed that he was thus damnified on May 22, 1...
Management of Municipal Corporation of Delhi Vs. the Presiding Officer ...
Court: Delhi
Decided on: Jan-07-1972
Reported in: 9(1973)DLT191; 1973LabIC771
Rajinder Sachar, J.(1) This is a petition under Article 226 and 227 of the Constitution of India against the award given by the respondent Labour Court by which he set aside the removal of respondents Nos. 2 to 5 workmen and directed their reinstatement with continuity in service and further directed the management petitioner to pay them half wages from the date of their suspension up to the time they are taken back in service. (2) Respondents Nos. 2 to 5 were employees of the management of Delhi Fire Service and were working at S P. Mukarjee Marg Fire Station, Delhi. On 27th of September. 1966 respondents Nos 2 to 5 were charge sheeted on the a legation that they while functioning at S. P Mukherjee Marg Fire Station attacked and beat Station Officer Shri R. K.Bhardawaj of the said fire station at 23.15 hours on 28th of July, 1966 while the said Shri R.K. Bhardawaj was sleeping alone in the open terrace above his flat at the said fire sation and inflicted injurios on the body of the sa...
Municipal Corporation of Delhi Vs. Zamruddin
Court: Delhi
Decided on: Jan-07-1972
Reported in: 8(1972)DLT335
Hardayal Hardy, C.J. (1) The only question raised in this appeal by special leave is that the sample of cow's milk was taken by the Food Inspector on 9-7-1963 at about 7A.M. but the complaint was filed against the respondent Zahiruddin, on 14-2-1964, i.e. after a delay of 7 months and 5 days. The sample was analysed by the Public Analyst on 18-7-1963 with the following results :- 'The sample was in fit condition for analysis. Date of analysis . . . .11-7-1963 Fat . . . . . .4.3% Non-fatty solids . . . .6.3% and of the opinion that the same is adulterated due to 2.2 per cent deficiency in non-fatty solids which is equi- valent to 25.8 percentage deficiency in non-fatty solids (% added water).' (2) On 23-6-1964 the sample was received by the Director Central Food Laboratory, Calcutta with a memorandum dated 20th June 1964 addressed by Shri R.K. Jain, Magistrate 1st Class, Delhi for a certificate under Section 13(2) of the Prevention of Food Adulteration Act, 1954 which will hereafter be...
Kanhya Lal and ors. Vs. Birdhi Chand Girdhari Lal and ors.
Court: Delhi
Decided on: Jan-07-1972
Reported in: ILR1972Delhi820
Jagjit Singh, J. (1) These cross-appeals (Nos. 50-D and 103-D) were filed against the judgment and decree in a suit instituted on October 1, 1955 on behalf of Messrs Birdhi Chand Girdhari Lal Jain and six others. The suit was against Messrs Kannya Lal Sham Lal and five others. On April 15, 1961 it was partly decreed by Shri R. L. Lamba, Subordinate Judge First Class, Delhi. The decree passed in favor of the plaintiffs was for ejectment of the defendants from the portions shown red and yellow in the plan (Exhibit P/l) attached to the plaint and for recovering Rs. 20,836/10/8. The amount decreed comprised of Rs. 14,400.00 on account of arrears of rent, Rs. 4,836/10/8 as damages and Rs. 1,600.00 as electric charges. The plaintiffs were as well allowed proportionate cost of the suit. (2) In this appeal the defendants claimed that no decree should have been passed against them either for eviction or recovering any amount on account of arrears of rent, damages or electric charges. The judgme...
Radhey Shayam Vs. the State
Court: Delhi
Decided on: Jan-06-1972
Reported in: 8(1972)DLT260
V.D. Misra, J. (1) This revision is dirceted against the charge made against the petitioner under Section 39 of the Arms Act, 1959 (No. 54 of 1959). (2) Pishori Lal Bhatia, Inspector Customs (Preventive) Central Revenue Building, raided the house of the petitioner and recovered smuggled goods. He also noticed a revolver and three live cartridges during the course of his search. He informed the police, and sub inspector Kasturi Lal, who was on the beat, searched the petitioner's house and took: possessian of the same. Sanction for prosecution was granted by Shri A A. Khawja, Additional Distrrict Magistrate (North), Delhi. After completing the investigations, Chalan was put in Court and the petitioner was charged. (3) Mr. R P. Kathuria, learned counsel for the petitioner, contends that Shri A.A. Khawja had no power to grant the sanction in question. (4) Mr. D.R. Sethi, learned counsel for the State, has produced before me notification No F 2(45)/65 Home (2). dated December 27, 1965, issu...
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