Delhi Court February 1973 Judgments
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R.S.G.R. Ram Chand and Sons Vs. State of U.P. and anr.
Court: Delhi
Decided on: Feb-22-1973
Reported in: AIR1974Delhi69; 10(1974)DLT21; 1973RLR205
S.N. Shankar, J.1. This Letters Patent appeal is directed against the order of the learned single Judge dated March 4, 1971, rejecting the objections filed by Surrinder Lal during execution proceedings and directing the amount of Rs. 7809/10/- lying in deposit in Court to be paid to the State of U.P. (Roadways Wing) decree-holder.2. The Litigation has a chequered history. On January 17, 1956 a decree for a sum of Rs. 46,904/- on the basis of an award was passed in favor of Surrinder Lal against the Governor General-in-Council (President of India) through the Chief Engineer, Eastern Command Ranchi, now represented by Union of India. In April, 1956. Surrinder Lal took out execution of this decree. Notice of the application was issued to the respondents for June 9, 1956. On August 11, 1956, in view of certain objections filed by the judgment-debtor that various orders of attachment had already been served on it in respect of the decree sought to be executed, the Court ordered that the dec...
Rita Nijhawan Vs. Balakishan Nijhawan
Court: Delhi
Decided on: Feb-21-1973
Reported in: AIR1973Delhi200; 9(1973)DLT222
Sachar, J.1. This letters patent appeal is directed against the order of the learned single judge dated May 14, 1970 affirming the order of the Additional District Judge Delhi dated May 15, 1969 by which the application of the application of the petitioner/appellant wife and section 12(1)(a) of the Hindu Marriage Act. 1955. (hereinafter to be called the Act) for annulment of the marriage with the respondent husband by a decree for judicial separation under section 10(1)(a) and (b) of the Act on the ground of desertion and cruelty was dismissed.2. The marriage to the parties took place in Delhi on April 14. 1954. At the time of the marriage the appellant was about 16 years and the respondent was about 30 years. it was alleged in the petitioner a that after the marriage the parties stayed in Delhi for about 10 days and though the respondent tried for sexual intercourse with the appellant but could not consummate the marriage as he could not get proper erection and got discharged before h...
Afsar Mian Vs. State
Court: Delhi
Decided on: Feb-21-1973
Reported in: 1974CriLJ834; ILR1973Delhi68; 1973RLR515
Safeer, J.(1) The appellant has come up against his conviction under section 307 of the Indian Penal Code, hereafter called 'the Code' on accnt of which he was sentenced to 4 years rigorous imprisonment by Shri J. D. Jain, Addl. Sessions Judge, Delhi on the 11th of January, 1972. (2) P.W. 1 Khatoon Begum wife of the appellant had suffered the injury which ultimately led to the conviction. The prosecution case can best be appreciated in the light of her deposition. According to her, appellant had been involved in several theft cases and was sent to jail where he had to serve sentences. On being released he met P.W. I in February. 1970. At that time Khatoon Begum had shifted to a residence in Bhagwan Nagar. She was residing there along with Shakar son of Amid Hasan (P.W. 4), Hasan Shahid Khan son of Munshi Ahmed Hassain Khan (P.W. 13) and the members of their families. Khatoon Begum's daughter from her previous husband was also residing with her. When the appellant met her after his rele...
Bharat Nidhi Ltd. Vs. Union of India (Uoi) and anr.
Court: Delhi
Decided on: Feb-21-1973
Reported in: [1973]92ITR1(Delhi)
B.C. Misra, J.1. Under Section 60 of the Indian Income-tax Act of 1922, a statutory Notification No. 47 dated 9th December, 1933, has been issued granting exemption from payment of super-tax under the circumstances specified in it. A detailed reference to this notification will be made hereinafter.2. On 9th June, 1961, the petitioner-company applied to the Central Board of Revenue for exemption from payment of super-tax in pursuance of the aforesaid notification. This has been refused by the Central Board of Revenue by its order dated 30th December, 1963 (annexure 'F'), on the grounds that all the conditions laid down in the aforesaid notification had not been satisfied by the petitioner-company. Aggrieved by this order, the petitioner has filed this writ petition challenging the impugned order on the grounds, inter alia, that the order of the Board is not a speaking order and does not give reasons for refusing the exemption and, secondly, that, on the merits of the case, the order is ...
Mohinder Singh Vs. the Competent Authority (ii) Slum Areas Delhi and a ...
Court: Delhi
Decided on: Feb-15-1973
Reported in: AIR1974Delhi219; 1973RLR232
1. Respondent 2 is the landlord of the premises of which the Petitioner is the tenant. The landlord applied to the Competent Authority (Respondent 1) for Permission to institute pro ceedings against the tenant for eviction from the premises. Initially, the permission was granted by the Competent Authority under Section 19(3) of the Slum Areas (Improvement and Clearance) Act, 1956 (hereinafter called the Act) by an order, which was ex Parte against the tenant. The said order was set aside by the Competent Authority on 5-5-1970 after hearing the Parties on the around that the tenant had not been served with the notice of the application of the land lord The order dated 5-5-1s970 has be come final between 'the parties as it has not been challenged by the landlord. After the proceedings were reopened the (3) Whether the impugned order landlord informed the Competent Authority that she had already filed her own affidavit as also the supporting affidavits to prove her case. The tenant filed ...
Mohinder Singh Vs. Shanti Devi
Court: Delhi
Decided on: Feb-15-1973
Reported in: 9(1973)DLT242; 1973RLR479
V.S. Deshpande, J. (1) What is the legal basis of the audi alteram partem principle of natural justice which requires that a person must be given a fair opportunity of answering the case against him before he is deprived of his liberty or property This basic question arises for consideration in the following circumstances : (2) Though the proviso to sub-section (1) of section 14 of the Delhi Rent Control Act, 1958, enables a landlord to apply for the eviction of his tenant on any of the grounds sec out therein, the, amendment made by Act 43 of 1964 to section 19 of the Slum Areas (Improvement and Glearnace) Act, 1956, (hereinafter called the Stums Act) prescribes a condition precedent to the making of such application in sub-sections (1) (a) and (3) of section 19 in the following words:- '19.(1) Notwithstanding anything contained in any other law for the time being in force, no person shall, except with the previous permission in writing of the competent authority.- (a) institute, afte...
Subhash Chander Vs. Rehmat Ullah
Court: Delhi
Decided on: Feb-15-1973
Reported in: 1973RLR593
S.N. Shankar, J. (1) This order will dispose of S.A.OS. 150 of 1971 and 151/71. The facts leading to these appeals are as under : (2) On August 9, 1967 the appellant Subhash Chander, [hereafter called 'the landlord'] filed an application under section 14 of the Delhi Rent Control Act, 1958 [hereafter called 'the Act'] for eviction of the respondent tenant, Rehmat Ullah Khan on the ground, amongst others, that the premises had been let for residence and that neither the tenant nor any member of his family had been residing therein for a period of six months immediately before the date of filing of the application. Notice of the application was issued to the tenant twice but he was not served. On October 17, 1967, the learned Additional Rent Controller ordered the tenant to be served by substituted service for November 20, 1967. The service was duly effected but no one appeared on the date fixed. On November 20, 1967, the case was adjourned to November 24, 1967 for recording ex-parte evi...
Kura Vs. Deputy Custodian General of Evacuee Property and ors.
Court: Delhi
Decided on: Feb-13-1973
Reported in: AIR1974Delhi142
ORDER1. The agricultural land in dispute belonged to two sets of Muslim owners, namely, (a) Ballu and others and (b) Nasiruddin, from before the partition of India. It is not known whether they migrated to Pakistan and if so, when or whether they died in India and if so, when. The petitioner and respondent 5 are found in possession of the said land. The property was treated as having automatically vested in the Custodian prior to l8th October, 1949under Section 4 of the East Punjab Evacuees' (Administration of Pro- Act, 1947 succeeded by the E. P. Ordinance Ix of 1949 which were the only legal provisions under which such automatic vesting could occur. No proceedings for resuming possession or control of the said property were taken by the authorities under Sections 6 and 7 of the Act of 19471.On 1-2-1965 the Patwari of the village made a report that the owners of these fields had migrated to Pakistan 12-13 years ago and recommended that the land should be listed as evacuee property. Ac...
Jagdish Chander (Decd.) and ors. Vs. Brahm Dutt
Court: Delhi
Decided on: Feb-13-1973
Reported in: AIR1974Delhi94
1. This second appeal was originally filed by the tenant Jagdish Chander against the order of the Rent Tribunal found that the tenancy was terminated by a notice to quit and the subsequent acceptance of rent form the tenant by the landlord did not amount to a waiver of the said notice in view of the decision of the supreme court in Ganga Dutt Murarka v. Kartika Chandra Das. : [1961]3SCR813 . It further held that the Landlord was entitled to the possession of the premises from the tenant because them bonafie for his own occupation as a residence within the meaning of clause (e) for the proviso to sub-section (1) of section 14 of the Delhi Rent Control Act 1956 (hereinafter called the Act) I agree with both these findings.2. During the pendency of the appeal the tenant died on an application made by the legal representatives of the tenant the Deputy registrar directed their names to be substituted in place of the deceased appellant this order was passed by the subject to all just excepti...
Jawahar Singh Bikram Singh Pvt. Ltd., Delhi Vs. Sharda Talwar W/O Late ...
Court: Delhi
Decided on: Feb-13-1973
Reported in: [1974]44CompCas552(Delhi); 9(1973)DLT524; 1973RLR222
D.K. Kapur, J. (1) The late Shri Krishan Talwar had instituted proceedings under Section 397 and 398 of the Companies Act, 1956, in respect of M/s. Jawahar Singh Bikram Singh (Private) Ltd. In those proceedings, which were filed before the Companies Tribunal, New Delhi, Shrimati Sharda Talwar the petitioner's wife as well as 'Darshan Singh Pheruman and Jaswant Singh were shown as persons consenting to the petition. Of these, Darshan Singh Pheruman and Shrimati Sharda Talwar had been joined as proforma respondents. The petition was transferred to this High Court from the Companies Tribunal on 29th October, 1966. During the pendency of the proceedings, Shri Kishan Talwar, petitioner died on 22nd February, 1972. It may be mentioned that the original petitioner, Shri Kishan Talwar together with the consenting parties already mentioned, were stated to hold more than one-tenth of the issued share capital of the company. There was an order passed by S. K. Kapur J. on 26th November, 1968 accep...
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