Delhi Court February 1973 Judgments
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Four Bhai Private Ltd. Vs. Walaiti Ram and anr.
Court: Delhi
Decided on: Feb-28-1973
Reported in: ILR1973Delhi891
Safeer, J.(1) This judgment will dispose of R. S. As. 184-D and 188-D of 1966 in which common questions of law arise. R.S.A. 184-D/ 1966 arises out of suit No. 571 of 1964 and R.S.A. 188-D/1966 arises out of Suit No. 570 of 1964. Both these suits were filed on the 15th of December, 1964. The appellants were defendant No. 1 in both the suits. In Suit No. 571 of 1964 out of which R.S.A. 184-D/1966 arises the second defendants were M/s. Gian Surgical Works, who are the second respondent to that appeal.(2) In Suit No. 570 of 1964 out of which R. S. A. 188-D/66 arises M/s. Chacha Surgical Works figured as the second defendant and are the second respondent to the appeal.(3) The broad allegations in the plaints through which the suits were instituted present some identity. It was alleged by Walaiti Ram plaintiff who is Respondent No. 1 to both these appeals that the cheques mentioned in paragraph 1 of the two plaints had been issued by the present appellants for the respective amounts in favo...
State (Delhi Administration) Vs. Zile Singh
Court: Delhi
Decided on: Feb-28-1973
Reported in: ILR1973Delhi479
Prithvi Raj, J. (1) Zile Singh accused was tried by an Additional Sessions Judge for the charge of having murdered his father, Lakhi, on the night between 27th and 28th September, 1971. The Additional Sessions Judge found the accused guilty. He convicted the accused under section 302 1. P. C. and sentenced him to death by his order dated the 8th September, 1972. A reference has been made for confirmation of his sentence. The accused has challenged the correctness of the order passed by the Additional Sessions Judge in Criminal Appeal No. 175 of 1972. (2) The prosecution story is that the accused had previously been working in Karachi in the office of Indian High Commission and during the period he was working there his family lived sometimes in the house of the deceased and sometimes in the house of the accused's in-laws in village Mehrauli. The accused suspected illicit intimacy between his wife and the deceased. A quarrel had taken place on this account between him and the deceased. ...
Ajudhia Textile Mills Ltd., Delhi Vs. Union of India and anr.
Court: Delhi
Decided on: Feb-28-1973
Reported in: 10(1974)DLT52
Prithvi Raj, J. (1) By this writ petition under Article 226 of the Constitution of India, the petitioners have prayed that the demand notice No. GL-Demand/63/353, dated the 8th March, 1965, Annexure ' C , whereby respondent No. 2, Deputy Superintendent of Central Excise Bcm Morv Delhi, demanded the sum of Rs. 42,557.94 on account of duty payable on cotton yarn by the petitioners for having cleared 307904 kgs. of single cotton yarn above 16s but below 34s cleared in hanks from 17th August, 1962, to 26th November, 1962, and 9909 kgs. of single cotton yarn up to 163 cleared in hanks during the same period, be quasbed as the same is illegal, ultra virea and void. (2) The case of the petitioners is that the Finance Bill of 1961 provided for a duty of excise being levied on cotton twist, yarn and threads, all sorts, in or in retation to the manufacture of which any process is or dinarily carried on with the and of power. The said provision was given effect to by the addition of entry No. 18-...
Tulsi Bhai Gordhan Bhai Vs. Lt. Governor of Delhi
Court: Delhi
Decided on: Feb-27-1973
Reported in: ILR1973Delhi609
D.K. Kapur, J. (1) On a petition by M/s. Tulsi Bhai Gordhan Bhai (hereinafter referred to as the assessed the Circuit Bench of the Punjab High Court at Delhi directed a reference to be made per orders dated 26th May, 1965 concerning the following question of law :- 'WHETHERon the facts and in the circumstances of the case the sales have been rightly held as inter-State Sales within the meaning of Section 3(b) of the Central Sales Tax Act ?'(2) The reference was initially made in the form of an application and thereafter another application under Section 151 of the Code of Civil Procedure was moved by the assessed praying that a proper statement of the case should be drawn up. This was so ordered by an order of a Bench of this Court dated 7th September, 1971, passed in Civil Miscellaneous No. 1064 of 1971. In compliance with this direction, a statement of the case has been submitted by the Lt. Governor of Delhi. (3) According to the facts stated in the statement of the case, the assesse...
Lt. Governor (Administration), Union Territory of Delhi Vs. Tulsi Bhai ...
Court: Delhi
Decided on: Feb-27-1973
Reported in: [1974]33STC103(Delhi)
D.K. KAPUR, J.1. On a petition by M/s, Tulsi Bhai Gordhan Bhai (hereinafter referred to as the assessed), the Circuit Bench of the Punjab High Court at Delhi directed a reference to be made per orders dated 26th May, 1965, concerning the following question of law:Whether on the facts and in the circumstances of the case the sales have been rightly held as inter-State sales within the meaning of Section 3(b) of the Central Sales Tax Act2. The reference was initially made in the form of an application and thereafter another application under Section 151 of the Code of Civil Procedure was moved by the assessed praying that a proper statement of the case should be drawn up. This was so ordered by an order of a Bench of this Court dated 7th September, 1971, passed in Civil Miscellaneous No. 1064 of 1971. In compliance with this direction, a statement of the case has been submitted by the Lt. Governor of Delhi.3. According to the facts stated in the statement of the case, the assessed carrie...
Narotam Das Vs. Union of India
Court: Delhi
Decided on: Feb-26-1973
Reported in: 1973RLR197
B.C. Misra, J. (1) This writ petition is directed against an order of the Central Government dated 23rd November, 1964 by which it has dismissed the revision and maintained the order of the Central Board of Revenue dated 13th January, 1964 dismissing the appeal of the petitioner against the order of the Collector of Customs. dated 31st May, 1961, finally maintaining the order of confiscation of the gold in dispute and imposition of personal penalty on the petitioner. The petitioner Narotam Dass died during the pendency of this writ petition and is represented by four sons and one daughter who are his legal representatives, but reference in this judgment to the petitioner relate to Narotam Dass, deceased petitioner, for the sake of convenience. (2) The facts giving rise to the writ petition are that on 23rd August, 1958 at about 5.20 in the afternoon at Amritsar, one Sohan Lal, who turned out to be an employee of the petitioner, was apprehended as soon as he had got into a moving train ...
Jagatri Lal Dhawan and anr. Vs. Charanji Lal Vaid and ors.
Court: Delhi
Decided on: Feb-26-1973
Reported in: 9(1973)DLT446; 1973RLR521
B.C. Misra, J. (1) This order will dispose of two matters (Civil Writ No. 1327 of 1967 and S.A.O. 93 of 1968). The facts of the case are taken from the writ petition where Jagatri Lal Dhawan who is appellant in the second appeal from order, is the petitioner. (2) On 31st March, (this date is wrongly mentioned in paragraph 2 of the writ petition as 30th February, 1960) the petitioner filed a petition for eviction against tenant Shri Chiranji Lal Vaid (who is now) dead and is represented by his legal representatives 1 (g) to 1(Q) on the ground of non-payment of rent and unlawful subletting, The Controller after passing an order under section 15 of the Act passed another order striking of the defense of the tenant on failure to deposit the rent on 22nd October, 1960 and finally by order dated 1st November, 1960 ordered eviction on the both the grounds. The tenant filed an appeal before the Rent Control Tribunal which succeded and by order dated 3rd April, 1961 the order of the Controller ...
Gaon Sabha of Lado Saral Vs. Jage Ram
Court: Delhi
Decided on: Feb-23-1973
Reported in: ILR1973Delhi984; 1973RLR597
Avadh Behari, J.(1) These ten Regular Second Appeals have been placed before us for decision. R.S.A. 23-D of 1966 came up for hearing before Rajindar Sachar, J. The learned single Judge thought that that appeal and appeals Nos.38-D of 1966, 261-Dof 1964 and 5-D of 1966 should be decided by a larger Bench since in his opinion the questions raised in those appeals were of public importance and were also involved in a number of cases pending in the courts below. By his referring order dated December 2, 1971, .the learned single Judge referred these appeals to a larger Bench. (2) Before the learned single Judge (Rajindar Sachar. J.) a number of decisions given by D. K. Kapur, J. were cited. These are (i) R. S. A. 262-D of 1964 decided on August 17, 1971, (ii) R.S.A. 284-D of 1964 decided on August 16, 1971, (iii) R.S.A. 283-D of 1964 decided on August 17, 1971 aid (iv) R.S.A. 183-D of 1962 decided on February 8,1971. In these decisions the learned single Judge D. K. Kapur, J. has taken the...
Lakhpat Raj Sampat Raf Sadh Vs. P. Narayana
Court: Delhi
Decided on: Feb-22-1973
Reported in: AIR1974Delhi91; 9(1973)DLT462; 1973RLR359
1. This appeal under Section 109 of the Trade and Merchandise Marks Act, 1958 (hereinafter called the 'Act') is directed against the order of the Assistant Registrar for Trade Marks, New Delhi by which he dismissed the application of Messrs. Lakhpat Rai Sampat Rai Sadh (hereinafter called the 'appellants') under Section 56(2) of the Act for rectification of the Register in respect of entry relating to the registered trade mark No. 186774 in Clause 5. registered in respect of 'Banslochan', and Avurvedic medicine in the name of Dhanpat Rai Goal (herein called the 'respondent') Rectification was sought either by expunging the entry relating to the registered trade mark No. 186774 registered as of September 5, 1958 or by varying it by deleting the device of 'bamboo grove' and word 'Banslochan' appearing in the mark.2. According to the facts as found by the Assistant Registrar of Trade Marks and about which there is no dispute the appellants claim to have been manufacturing and selling for ...
Savitri Devi and anr. Vs. R.S. Bindra and ors.
Court: Delhi
Decided on: Feb-22-1973
Reported in: ILR1973Delhi938
S.N. Andley, C.J.(1) This order will dispose of C.Ms. 797, 878 and 879 of 1972. (2) Respondent No. 1, R.S. Bindra, husband of respondent No. 4, Ravindra Kaur Bindra, died on March 16, 1971 at Bhuj as the result of an accident. Respondents kept quite about the death and, on August 30, 1972 filed C.M. 797 of 1972 dated August 10, 1972 containing the intimation about his death and contending that the appeal had abated. It was further contended that the said abatement could not be set aside and, thereforee, the acceptance of the appeal 'if it so happens, would imply that there would be two inconsistent decrees; one decreeing the suit in favor of the plaintiffs/appellants and the other dismissing the suit against the heirs of Shri R.S. Bindra who represent him.' Admittedly advance copy of this application was received on August 30, 1972 by Mr. Daya Krishan, Advocate, for the two appillant ladies who are stated to be Purdahnashin. Presumably, there was some defect in. this application which,...
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