Delhi Court November 1973 Judgments
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Parmeswari Das Vs. G.R. Kohli (Deceased) by His Legal Representative
Court: Delhi
Decided on: Nov-24-1973
Reported in: 9(1973)DLT13
D.K. Kapur, J. (1) This appeal is at the instance of the tenant, Parmeshwari Dass and relates to House No. 117-A, defense Colony, New Delhi. An eviction petition was instituted by the Late G.R. Kohli, Landlord, claiming eviction on the ground of bona fide personal requirement. The case of the respondent was that he was in military service outside Delhi but was later transferred to Delhi on 5th August, 1968 and was due to relire on 1st March, 1969. It was further staled that the landlord was staying with a relative but the landlord of of that relative had also initiated eviction proceedings. The petitioner claimed that he required the premises bona fide for his own residence and the residence of his family. The tenancy of the appellant was terminated by a notice dated 12th October, 1968 and this eviction petition was instituted on 23rd November, 1968. The appellant contested the petition on the ground that there was no cause of action and the petition was premature and also or. the grou...
Dadri Cement Company and anr. Vs. Bird and Co. (P) Ltd.
Court: Delhi
Decided on: Nov-22-1973
Reported in: AIR1974Delhi223; ILR1974Delhi606
S.N. Shankar, J. (1) Questions for decision in this appeal from an order of the learned single Judge rejecting the application filed by the appellants under section 34 of the Arbitration Act are: (1) whether the original contract of sale between the parties containing an arbitration clause stood superseded by the subsequent arrangement agreed to between them and (2) whether the appellants have taken part in the proceedings of the suit to disentitle them to the relief under section 34 of the Arbitration Act, 1940. (2) The respondent. Bird & Co. (Private) Limited, hereinafter called 'the plaintiff', filed a suit for recovery of Rs. 32,14,850.12 p. with the allegation that during the period between June Ii, 1968 and December, 24, 1968 the defendants, M/s. Dadri Cement Company and its sole proprietor Shri Ram Krishna Dalmia alias Ram Krishna Harjimull (defendants 1 and 2 respectively) contracted to purchase from them heavy cement bags and between February, 1969 to August, 1969 they dispatc...
Dr. Avanindra Kumar Tyagi Vs. Bagai Foods and Beverages Pvt. Ltd.
Court: Delhi
Decided on: Nov-22-1973
Reported in: [1974]44CompCas543(Delhi)
D.K. Kapur, J. 1. There is a winding-up petition, Hari Ram Aggarwal v. Bagai Foods and Beverages (P.) Ltd., Company Petition No. 81 of 1972, pending in this court. A number of applications have been filed in connection with that petition, under Rules 34 and 101 of the Companies (Court) Rules, 1959. They purport to support the winding-up petition. As it happens, the winding-up petition has not yet been admitted and so far only a notice to show cause why the petition should not be admitted has been issued to the respondent-company. Thereafter, various orders have been passed and even some statements have been recorded, but the winding-up petition has not yet been admitted nor advertised. A talk of compromise has been going on which has delayed the admission and advertisement of the petition or its dismissal, as the case may be. Pending the decision regarding the admission of that petition, the present application along with 80 more similar applications have been presented by various alle...
N.C. Singhal Vs. Union of India and ors.
Court: Delhi
Decided on: Nov-19-1973
Reported in: ILR1973Delhi1081
V.S. Deshpande, J. (1) The petitioners in these two writ petitions No. 354 of 1972 and C.W. No. 1 155 of 1971) were departmental candidates appointed under rule 7A of the Central Health Service Rules. 1963 as amended up-to-date (hereinafter called the Rules) to posts included in the Specialists' Grade of the said Service at its initial constitution on 9th September 1966. The next promotion grade is Supertims Grade II. In September 1971, a Departmental Promotion Committee made a selection from the Specialists' Grade and General Duty Officers, Grade I, as a result of which 23 Specialists were appointed to posts in Supertime Grade Ii in 1971, one Specialist was appointed to Supertime Grade Ii in 1972 and one appointed but is yet to join a post in Supertime Grade II. Eight General Duty Officers, Grade I, have also been appointed to posts in Supertime Grade Ii as a result of the said selection. The petitioners have not been so promoted. They have filed these writ petitions complaining again...
Gopi Krishan Khanna and ors. Vs. Kailash Wati and ors.
Court: Delhi
Decided on: Nov-16-1973
Reported in: AIR1975Delhi38
R.N. Agarwal, J.1. These are two applications (S. C. A. 104 and S. C. A. 105 of 1973) by the appellants petitioners under Order 45, Rule 2, Civil P. C. and Article 135 of the Constitution of India read with Sections 109 and 110, Civil P. C. for a certificate for appeal to the Supreme Court against the judgments and decrees of this Court in R. F. A. 172-D , R. F. A. 173-D of 1962. or in the alternative under Article 133 of the Constitution for a certificate that the appeals involve a substantial question of law of general importance and needs to be decided by the Supreme Court.2. The relevant facts for the decision of these applications are that on 24th June. 1947, Harish Chandra and Kailash Chander Plaintiffs had entered into a partnerrship with the S) to do business in metal works in the name and style of Zenith Metal Works, Rohtak Road, Delhi. The partnership commenced its business in July, 1947. In 1949 dispute arose between the parties, On 8th January, 1949. the plaintiffs filed Su...
Globe United Engineering and Foundry Co., Ltd. Vs. Industrial Financia ...
Court: Delhi
Decided on: Nov-16-1973
Reported in: [1974]44CompCas347(Delhi); ILR1974Delhi571
S. Rangarajan, J. (1) M/S. Globe United Engineering & Foundry Co. Ltd., after being registered under the provisions of the Companies Act, 1956 (hereinafter called the Act) could not succeed in obtaining technical aid it expected to get and hence could not carry on business as per Articles of Association and Memorandum. At a general meeting, on 23-12-1968, the members unanimously decided to wind up the company; Shri V. Rajaraman was appointed as its Liquidator. A petition was subsequently presented to this Court by one of the promoters challenging the voluntary winding up, but it ended in a compromise that the voluntary winding up may continue subject to supervision of the Court. (2) This application has been filed by the Liquidator, Shri V. Rajaraman, on a request made to him, at a general meeting held on 18-9-1971, to apply to this Court under section 518 of the Act, referring the controversy between the company and some of the preference shareholders as to whether the latter are enti...
Girdhari Lal and ors. Vs. Gaja Nand and ors.
Court: Delhi
Decided on: Nov-15-1973
Reported in: ILR1974Delhi864
S. Rangarajan, J. (1) The above appeal has been preferred by defendants 5 to 7 (hereinafter called the appellants). This judgment will also dispose of R.F.A. (O.S.) 19 of 1973 which has been filed by defendants 2 to 4. (2) The facts of the case and the events leading to the present appeals have to be briefly stated. The first defendant (who is the brother of Bhairon Prasad) died in 1968. Bhairon Prasad had a son Sardar Mal; both of them died in the year 1942. Gindori Devi (defendant No. 9) is the widow of Sardar Mal. Gaja Nand (first plaintiff) and Girdhari Lal (defendant No. 5) are the sons of Sardar Mal. Defendants 6 to 8 are the sons of defendant 5; plaintiffs 2 to 4 are the sons of the first plaintiff. The second defendant is the son of the first defendant and defendants 3 and 4 are the sons of the second defendant. (3) Gaja Nand and his sons (plaintiffs I to 4) filed on 18-3-1952, a suit for partition and rendition of accounts of certain immovable properties and businesses which w...
Ved Rattan Arya Vs. State
Court: Delhi
Decided on: Nov-15-1973
Reported in: 1974RLR50
P.S. Safeer, J. (1) The appeal is directed agaist the conviction U/S 489-C of the Indian Penal Code . on 5.8 72 by an Addl Sessions' Judge in respect whereof the appellant was sentenced to one year's rigorous imprisonment. It was directed that the recovered dollar notes, declaration forms and the seals be destroyed and genuine dollar requistioned from the State Bank of India was directed to be retured after the expiry of period of appeal. (2) The prosecution case was that on the 1st of May, 1970 at about 3.30 p.m. the appellant was found sitting in the office of the Highway Travels, Connaught place, New Delhi. Shri Kewal Krishan' Inspector, Anticorruption Branch, had received information on account of which he had organized a raiding party. It was he who along with members of raiding party apprehended the appellant on whose search he found a white envelop in the left side back pant pocket which contained 10 notes of U.S.A. dollars of denomination of Rs. 100 each. As the appellant was w...
A.N. Lewis and anr. Vs. the State
Court: Delhi
Decided on: Nov-14-1973
Reported in: ILR1974Delhi410
Prithvi Raj, J. (1) The qi.ie^iion for determination in this case is whetther an accused person is entitled to the benefit of section 173(4) of the Criminal Procedure Code (hereinafter to be called theCode) and copies of documents referred in section 173(4) arc to be made available to him when cognizance is taken of a complaint filed in pursuance of the provisions of section 190(1)(a) of the Code in a case where prior to the filing of the complaint investigation under Chapter Xiv of the Code was done but where no report was filed under section 173(1). Relevant facts for settling the question are as under :- (2) Shri K. Raman, Deputy Chief Controller of Imports and Exports (herein to be called the complainant) filed a cumplaint againtst A. N. Lewis and another in the court of Shri Lokeshwar Prasad. Judicial Magistrate lit Class, Tis Hazari. De'hi. on. 26th of February. 1973, [ under section 120-B read with section 5 of the Imports and Exports Control Act and section 420 Indian Penal Cod...
K. G. Khosla and Co. P. Ltd. Vs. Commissioner of Income-tax, Delhi.
Court: Delhi
Decided on: Nov-13-1973
Reported in: [1975]99ITR574(Delhi)
KHANNA J. - This application has been filed under sub-section (2) of section 256 of the Income-tax Act, 1961, herein called 'the Act', by Messrs K. G. Khosla & Co. P. Ltd. herein in called 'the assessed', praying that the Income-tax Appellate Tribunal be directed to state the case and refer to this court, the following questions of law, said to have arisen out of its order :'1. Is not the finding of the Tribunal vitiated by a wrong appreciation of the law and practice of valuation of closing stock 2. Was there any material on which the Tribunal could hold that the closing stock must necessarily include the customs duties and incidental charges 3. Was the Tribunal justified in law in holding that on no account the opening stock could be revalued to make it consistent with system adopted for valuation of closing stock 4. Was there any evidence on which the Tribunal could hold that the credit of Pounds 607 12s. 6d. had in fact been given by the foreign party from whom the purchases had be...
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