Delhi Court May 1972 Judgments
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In the Matter of Delhi Bharat GraIn Merchants Association, Ltd. Vs. Un ...
Court: Delhi
Decided on: May-12-1972
Reported in: [1974]44CompCas214(Delhi); ILR1972Delhi793
S. Rangarajan, J. (1) This is a petition by the petitioner company (Delhi Bharat Grain Merchants Association Ltd.) for confirmation of the alteration of the Memorandum of Association of the Company by the Special Resolution passed at the General Meeting of the Company held on 18-12-1971 that the word 'cotton' be added after the word 'grains' and before 'and oils & oilseeds of all kinds' in clause Iii sub-clause I thereof. (2) The petitioner company has been, among other things, regulating and maintaining a Clearing house for fixing and declaring market rates and settlement dates for fixing brokerage, for the periodical settlements of contracts and differences, for the passing on the delivery orders for clarification, control, regulation and admission of members, for declaring members as defaulters for non-payment of dues and doing various other such acts in the course of such business mentioned in paragraph 6 of the Memorandum of Association of the company. (3) This petition was oppose...
The Commissioner of Income-tax Vs. the National Small Industries Corpo ...
Court: Delhi
Decided on: May-12-1972
Reported in: ILR1973Delhi227; [1973]91ITR579(Delhi)
Hardayal Hardy, C.J. (1) The assessed is a public limited company. The assessment years relevant to the case are 1960-61 and 1961-62 for which the accounting periods are the financial years ending with the 31st of March 1960 and the 31st of March 1961.(2) The returns of income for the respective years were filed on the 16th of January 1961 and the 30th of September, 1961 i.e. to say that these returns were filed prior to the commencement of the Income-tax Act, 1961 hereafter to be referred to as the new Act. The assessments were however made after the commencement of the new Act, namely, on the 8th of November, 1962 and on the 28th of November. 1962 respectively. Both these assessments were made under Section 23(3) of the Indian Income-tax Act, 1922 hereafter referred to as the old Act.(3) As there was a revision under Section 33B of the old Act for the assessment year 1959-60 by the Commissioner of Income-tax, the Income-tax Officer considered it necessary to rectify the assessment or...
Vijay Kumar Mundhra Vs. Union of India and ors.
Court: Delhi
Decided on: May-12-1972
Reported in: ILR1972Delhi483
Hardayal Hardy, C.J.(1) This judgment will dispose of two petitions viz.. Civil Writ No. 17 of 1972 and Civil Writ No. 63 of 1972 under Article 226 of the Constitution. The petitioner in the first writ is Shri Vijay Kumar Mundbra of Calcutta who claims to be a registered share-holder, and director of the Osmanshahi Mills Limited situate in Nanded, State of Maharashtra, hereafter referred to as the company, while the petitioner in civil writ No. 63 is a partnership firm which claims to be a creditor of the said company. (2) The common question in both the cases is whether respondents 1 to 3 were bound to hear the petitioners before an order dated the 29th December, 1971, under Section 18AA of the Industries (Development and Regulation) Act, 1951 as amended, could be passed whereby the respondent No. 1 could authorise the taking over of the management of the whole of the industrial undertaking viz. the textile mill owned by the said company. (3) The company has been in existence since se...
The Commissioner of Income Tax, Delhi, New Delhi Vs. Mehar Singh Sampu ...
Court: Delhi
Decided on: May-12-1972
Reported in: ILR1973Delhi130; [1973]90ITR219(Delhi)
Prakash Narain, J.(1) This is a reference by the Income-Tax Appellate Tribunal, Delhi Bench 'B', under section 66(1) of the Income-Tax Act, 1922, made on the application of the Commissioner of Income-Tax, Delhi. The question of law that has been referred for the opinion of the High Court is as under: 'WHETHERon the facts and in the circumstances of the case, salary, commission and bonus amounting to Rs. 1,19,118 accrued or arose to the assessed as an income for the relevant year?'(2) The Assessment year in question is 1951-52, the corresponding financial year ending on 31st March, 1951. The assessed is an individual. Under an agreement dated the 5th July, 1945, executed between the assessed and Messrs. Punjab Distilling Industries Ltd., Khasa, the assessed was appointed this company's Managing Director and his remuneration was fixed at (i) commission at the rate of 7' per cent of the annual net profit of the company, and (ii) salary of Rs. 5,000.00 per month. Besides these, he was also...
H.K. Mehta and ors. Vs. Municipal Corporation of Delhi
Court: Delhi
Decided on: May-12-1972
Reported in: 1973CriLJ1511
ORDERM.R.A. Ansari, J.1. The Municipal Corporation of Delhi filed a complaint against the petitioners herein for an offence under Section 7/16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act). The prosecution case against the petitioner was that on 2-12-1969 at about 11.15 A. M., the Food Inspector of the Corporation went to the Bombay Restaurant at No. 1198, Chandni Chowk, Delhi, of which Mr. H.K. Mehta and Mr.V.K. Mehta were proprietors and purchased three bottles of sauce in original packing for Rs. 1.50 paise from Mr. H. K. Mehta who was present in the Restaurant at that time. After following the procedure prescribed under the Act, the Food Inspector sent one of the bottles to the Public Analyst and the latter reported that the sample was adulterated due to the presence of coal tar dye which was prohibited under the Rules framed under the Act. The sauce was manufactured by M/s. F. C. Food Products, Krishan Nagar, Delhi of which petitioner Sham L...
Security and Finance (P) Ltd. Vs. Bachittar Singh and ors.
Court: Delhi
Decided on: May-11-1972
Reported in: AIR1973Delhi140; 8(1972)DLT439
ORDER1. Both these appeals are disposed of by a common judgment, as the point for determination in both of them is identical although the respondents in the two appeals are different. 2. The Security and Finance Private limited, which is the appellant in both these appeals, filed applications under Section 14 of the Indian Arbitration Act, 1940 (herein after referred to as the Act) for filing the award of the arbitrator and for passing a decree in terms of the award. The respondents opposed these applications on various grounds and one of the grounds was that the reference to the arbitrator was made unilaterally by one of the parties to the disputes, namely, the appellant herein, and that, thereforee, the arbitrator had no jurisdiction to enter upon the reference. This objection was upheld by the learned Subordinate Judge and he dismissed the applications filed by the appellant. The appellant has filed the present appeals against the said judgments of the learned Subordinate Judge.The ...
Shiv Kumar Gupta Vs. Permanand Ram Gopal
Court: Delhi
Decided on: May-11-1972
Reported in: AIR1973Delhi135
1. The petitioner impugns the order dated the 16th of February, 1972, by which his suit instituted through the plaint dated the 23rd of September, 1971, for the recovery of Rs.318/- on the basis of a document which he called a Hundi was dismissed. 2. The petitioner came to court alleging in paragraph 11 of the plaint that the respondent had executed a hundi for Rs.300/- for consideration in his favor on 21st of September, 1970, and that the amount which became due on 20th September, 1971, had not been paid. 3. The controversy which arose before the trial court was regarding the nature of the document. It was urged on behalf of the defendant that the document was a promissory note and having not been executed on a stamped paper of the value of Rs. 3/- was inadmissible in evidence. As a promissory note, it was contended, the document would have been admissible in evidence if it had been executed on a stamped paper of the value of Rs.3/-. Reliance was placed on Article 49 (v) of Schedule ...
Raj Singh Vs. the Union of India and ors.
Court: Delhi
Decided on: May-11-1972
Reported in: AIR1973Delhi169
V.S. Deshpande, J.1. Ubi jus Ibi remedium says the maxim. If so the converse should also be true. namely 'where there is no right; there is no remedy.' It is also equally turn that even where right exists it has to be enforced in due course of law. It cannot be enforced by self help without recourse to law. No body can be allowed to taken the law into his own hands. If thereforee a person without right to a property is dispossessed by the owner thereof directly and without recourse to judicial machinery. Can the former successfully challenge the legality of the dispossession? This question which arises frequently in courts has to be decided in the light of the above principles which may appear to be conflicting but would be found to be reconcilable.2. Shri Raj Singh though his predecessors-in-title held a plot of land in Meerut Cantonment on what are known as the 'old grant' terms. A house has been built to the plot. He purchased the house in 1941 for Rupees 14000/-. On 4th November 19...
Abnash Kaur Vs. Lord Krishna Sugar Mills and ors.
Court: Delhi
Decided on: May-11-1972
Reported in: [1974]44CompCas390(Delhi); ILR1972Delhi413
P.N. Khanna, J.(1) This judgment will dispose of three Company Appeals Nos. 8, 10 and 11 of 1971, directed against the judgment dated May 27, 1971 of the learned Company Judge, arising out of the winding up petition, which was filed by Smt. Abnash Kaur, be rein called 'the appellant', being the appellant in Company Appeal No. 11 of 1971. In her winding up petition, she had imp leaded as respondents, Lord Krishna Sugar Mills Limited, herein called 'the company' (respondent No. 1), being one of the two appellants in Company Appeals No. 8 of 1971, Anand Kumar, Sushil Kumar and S. D. Chawla, herein called 'respondents Nos. 2, 3 and 5' respectively, appellants in Company Appeal No. 10 of 1971, and Smt. Shanta Rani, herein called 'respondent No. 4', who is the first appellant (the company being the second appellant), in Ca 8 of 1971. (2) The Company was incorporated in 1938 under the Indian Companies Act, 1913, as a public company limited by shares with a nominal capital of Rs. 34.00 lakhs a...
K.P. Shankara, O.L. Vs. Hardhan Singh
Court: Delhi
Decided on: May-11-1972
Reported in: 1973RLR324
Prakash Narain (1) This appeal is directed against the order of a learned Single Judge of this Court passed in C.O. No. 49 of 1958 while exercising jurisdiction as Company Judge. (2) The People's Insurance Company Limited was a public limited liability company which was promoted by various persons, one of the chief promoters being one Sardul Singh Caveeshar. This company went into voluntary liquidation but later on was ordered to be compulsorily wound up by an order of the District Judge, Delhi, passed in 1955 at the instance of the Controller of Insurance, Government of India. Shri K.P. Shankara was appointed the Official Liquidator. These orders were passed under the Indian Companies Act, 1913. (3) After the enforcement of the Companies Act, 1956 the liquidation proceedings of the company were transferred to the Punjab High Court which at that time exercised jurisdiction over litigation in the Union Territory of Delhi. The Official Liquidator applied to the High Court for settlement ...
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