Delhi Court November 1972 Judgments
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Shri Tek Chand Vs. the Labour Court and ors.
Court: Delhi
Decided on: Nov-21-1972
Reported in: (1973)ILLJ470Del
Prithivi Raj, J.1. By this petition under Article 227 of the Constitution of India, the petitioner has impugned the order dated 5th October, 1971, Annexure T, passed by the Labour Court, Delhi, Respondent 1, whereby the Labour Court held that in view of the denial of management about the petitioner's status as a workman the claim of the petitioner could not be tried by the Labour Court for want of jurisdiction as the disputed question about the status of the petitioner as a workman could not be gone into by the Labour Court. The petitioner who was employed as bus driver by respondent No. 2 was placed under suspension from 22nd July, 1966 to 31st January, 1967, pending a domestic enquiry. For this period a sum of Rs. 763.32 was deducted by respondent No. 2 out of the wages of the petitioner. The petitioner filed an application dated the 12th February, '970, Annexure 'A', along with which he filed a copy of the statement showing the benefits to which he was entitled. Respondent No. 2 in ...
Hukam Singh Vs. Suraj Bhan Roshan Lal and ors.
Court: Delhi
Decided on: Nov-17-1972
Reported in: AIR1973Delhi234
ORDER1. In the election held in March, 1972 to Delhi Metropolitan Council. Hukam Singh was declared duly elected from the Najafgarh Metropolitan Constituency, No. 2, Suraj Bhan. his closest rival, filed an election petition, being election petition No. 1 of 1972, in this Court challenging his election. Hukan Singh thereafter gave notice to this Court of this intention to give evidence to prove that the election of Suraj Bhan would have been void if the had been the returned candidate. Along with the said notice. Hukam Singh filed treasury receipt showing his having deposited the required security and a statement said to be under Section 97(2) of the Representation of People Act. 1951, herein called 'the Act'. Suraj Bhan, the election petitioner, has raised objections, inter alia, that the recrimination petition is liable to be dismissed for want of disclosure of a cause of action. Particulars under Section 83 of the Act. Which are required to be furnished, are said to be missing. As su...
D.D. Suri Vs. Government of India and anr.
Court: Delhi
Decided on: Nov-16-1972
Reported in: ILR1973Delhi700
V.S. Deshpande, J.(1) Petitioner Shri D.D. Suri was a member of the Indian Administrative Service allotted to the cadre of the State of Orissa. By a notification dated 13th August, 1962 issued under section 4(l)(s) of the Code of Criminal procedure, 1898, the Government of Orissa declared the offices of Superintendents of police, Vigilance, at Cuttack, Sambalpur and Berhampurto be police stations for purposes of certain offences including those punishable under the Prevention of Corruption Act, 1947. On 24.11.1967 police case No. 23 was registered in the Sambalpur Police Station. Vigilance, against the petitioner. On 24.11,1967, the police applied to the A.D.M., Cuttack, for the issue of a search warrant against the petitioner after staling the information received by the police of the petitioner having allegedly committed offences punishable under section 5(2) of the Prevention of Corruption Act. A search warrant was issued on the same date. As the search was bsing carried out on 28.1...
Municipal Corporation, Delhi Vs. Sham Kapur, Dewan Daulat Ram, Balkish ...
Court: Delhi
Decided on: Nov-16-1972
Reported in: 1972RLR166
Andley, J.(1) The Letters Patent Appeals and the writ petition came up for hearing before Division Bench of the High Court. As these involved consideration of a number of decisions of the Supreme Court and the High Court, these were ordered to be heard by a Fall Bench. The writ petition is in respect of property situated in Jor Bagh within the limit of New Delhi Municipal Committee which is governed by the provisions of the Punjab Municipal Act. The Appeals are in respect of properties to which Delhi Municipal Corporation Act applies. In none of these standard rent has been fixed by the Controller. All the properties are let out to tenants at agreed rate. These properties were assessed for house tax on the basis of agreed rent. This was' challenged on the ground that the basis should be the would be standard rent under the Delhi Rent Control Act. : (2) The question that arises for consideration, shortly stated is whether in fixing the annual value New Delhi Municipal Committee and Delh...
Dewan Daulat Ram Kapur Vs. New Delhi Municipal Committee and anr.
Court: Delhi
Decided on: Nov-16-1972
Reported in: ILR1973Delhi363
S.N. Andley, J.(1) The writ petition and the Letters Patent appeals cams up for hearing before a Division Bench of this Court. The Division Bench felt that several Supreme Court decisions and two Division Bench decisions of this Court had to be considered and they referred these matters to a Full Bench. This judgment will cover all these matters. (2) The writ petition is concerned with a property situate in Jor Bagh in New Delhi within the jurisdiction of the New Delhi Municipal Committee which is governed by the Punjab Municipal Act, 1911. The appeals are in respect of properties which are situate within the jurisdiction of the Municipal Corporation of Delhi which is governed by the Delhi Municipal Corporation Act, 1957. Properties situate within the jurisdiction of the Municipal Corporation of Delhi or the New Delhi Municipal Committee are again governed by the Delhi Rent Control Act, 1958 and were even before 1958 governed by the previous Rent Restriction Acts including the Delhi an...
Saran Dass Vs. Lipton (India) Limited
Court: Delhi
Decided on: Nov-16-1972
Reported in: ILR1973Delhi883
V.S. Deshpande, J.(1) The premises were let out by the appellant landlord to the respondent tenant in 1954 for the purpose of a godown in which the tea manufactured by the respondent company is stored. In 1963 a lease deed was executed for and on behalf of the President of India in favor of the appellant landlord of the land on which the premises were situated. Condition No. 1(vi) of the lease deed is as follows:- 'NOTwithout the written consent of the Chief Commissioner, Delhi, to carry on or permit to be carried on, on the said land and buildings erected thereon during the said lease any trade or business whatsoever or use the same or permit the same to be used for any purpose other than of a single storeyed buildings consisting of one or two residential flats in all, with a barsati on top, as may be approved for the locality or as provided in the building already erected on the said land'.(2) The use of the premises for the purpose of a godown by the tenant continued even after the ...
Air Foam Industries Pvt. Ltd. Vs. Union of India
Court: Delhi
Decided on: Nov-15-1972
Reported in: AIR1973Delhi253
1. This is an application under Section 41 and Schedule Ii of the Arbitration Act read with Order 39, Rile 2 and Section 151 of the Code the Civil Procedure.2. The Brief facts are as follows:--The petitioner entered into a contract with the respondent Union of India. The contract is contained in the Acceptance of Tender dated July 16, 1968. The Acceptance of Tender is subject to the conditions of contract laid down in From No. Dgs & D 1968 revised up to 1966. These are standard terms. These terms are generally annexed to the contract which is entered into by the contract which is entered into by the purchase, Union of India with the seller or supplier of goods. One of the terms. CI. 24 of this contract deals with the settlement of disputes by arbitration.3. On April 24, 1971, the petitioner made a petition under Section 20 of the India Arbitration Act calling upon the Court to file the arbitration agreement as contained in clause 24 of the general conditions of the contract. In this pe...
Friends Housing Society and ors. Vs. the Delhi Administration and ors.
Court: Delhi
Decided on: Nov-15-1972
Reported in: AIR1973Delhi275
ORDER1. This writ petition is directed against the acquisition of the land in dispute situated on Ring Road near Rajouri Gardens, New Delhi. In the writ petition, the petitioners have alleged that the petitioner constituted a partnership firm, acquired the land in dispute by purchase and by agreements of sale for purposes of housing and they prepared a lay-out plan and made other arrangements to carry out their scheme.2. On 19th July, 1959 , the State issued a notification under S. 4 of the Land Acquisition Act (hereafter referred to as the Act) for acquisition of the land in dispute. Thereafter the petitioners filed objections on 9th August, 12956 and after some correspondence had been carried on, the land in dispute was denotified on 19th December, d1957. A fresh notification under Section 4 of the Act was, however, issued in respect of large areas of land including the land in dispute on 13th November, 1959. Within thirty days of the same, on 12th December, 1959 the petitioners file...
The Punjab National Bank Ltd. Vs. Harasaran Dass and Sons and ors.
Court: Delhi
Decided on: Nov-14-1972
Reported in: AIR1973Delhi258
1. This order was dispose of the following preliminary (1) Whether this court has not jurisdiction to entertain and try this suit? (2) whether the plaintiff has not locus standi to continue the suit? Before dealing with the said issues it would be appropriate to give a few relevant facts. 2. Defendant No. 1 is a registered firm carrying on the defendant of cotton yarn at Noradabad and defendants 2 to 6 are its partners. The plaintiff bank allowed cash credit facilities to defendant No. 1 who availed of the said facilities from time to time. The case of the plaintiff is that demand drafts issued by defendant No.1 which were accompanied with goods receipts issued by defendants 7 to 9 and invoiced drawn by defendants No. 1 on different person including co-operative societies, were presented by the plaintiff but the same were dishonoured by the respective drawees, and on this account a sum of Rs. 2,54,053.47 became due to the plaintiff from defendant No.1 3. The case of the plaintiff furth...
Sudarshan Kumar Vs. Rattan Lal Dhingra
Court: Delhi
Decided on: Nov-11-1972
Reported in: AIR1973Delhi272; ILR1973Delhi725
V.S. Deshpande, J. (1) The premises of the landlord RattanLal were let out to the tenant Sudharshan Kumar by a rent note executed on 12/08/1963 in which the material words are as follows :- 'Tenancy will commence from to-day or this day'. The tenancy was to be for a period of eleven months. The rent was payable according to the English calendar month. The landlord filed a petition for eviction against the tenant on two grounds covered by clauses (c)and (j) of the proviso to section 14(1) of the Delhi Rent ControlAct, 1958, namely, user of the premises for a purpose other than thereforee which they were let and that the tenant has caused substantial damage to the premises. The pleadings of the landlord on the question of termination of the tenancy by a notice to quit under section 106 of the Transfer of Property Act were as follows :-Para 14: 'The Premises were let to the respondent on 1 2/08/1963. (Copy of the rent note is attachedhereto).'Para 18(b) : 'Notice terminating the tenancy o...
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