Delhi Court April 1973 Judgments
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Union of India Vs. Pitam Chand (Deceased) Through His Lrs.
Court: Delhi
Decided on: Apr-23-1973
Reported in: ILR1973Delhi523; 1973RLR571
S.N. Shankar, J. (1) Pitam Chand, respondent in this regular first appeal, was the holder of an Import Trade Control license No. 0063384/56/CCI/D dated December 30, 1956 for the Licensing period from July to December, 1956, permitting importation of Motor Vehicles Part covered by entries Nos. 293, 295 and 297 (Part IV) of the Import Trade Regulation of the corresponding period. On the strength of this license, he imported a consignment of 64500 pairs of auto pedals 3-2/4' C.P. for N.S.U. and/or Lambretta motor cycles which arrived at Madras on or about January 28, 1958. The consignment was not allowed clearance. On February 26, 1958, Assistant Collector of Customs, Madras, issued a show-cause notice stating that the importation was not covered by the license as the goods were covered by item No. 75 (8) of the Indian Customs Tariff corresponding to Seriall No. P. Iv 301 of the I.T.C. Schedule. The respondent showed cause but the Collector of Customs by order dated May 1, 1958 confiscate...
Raghuvansh Kumar Vs. Madan Lal Sharma and ors.
Court: Delhi
Decided on: Apr-20-1973
Reported in: 9(1973)DLT422
S. Rangarajan, J.(1) This isa Petition invoking jurisdiction of this Court under Section 561-A Cr. P.C. and Article 227 of the Constititution for quashing and setting aside the proceedings taken by the Sub Divisional Magistrate (Shri A. S. Awasthi) under Sections 107, 112 and 117 Cr. P.C. (2) The first respondent (Madan Lal Sharma) presented a petition to the Sub Divisional Magistrate on 22nd December, 1972; this petition was addressed to the Minister of State for Home Affairs. It contained allegations to the effect that two persons, who were Partners of a firm, were engaged in the quarrying of Jarnuna sand and had become inimical to Madan Lal Sharma (1st Respondent) on account of opposing the quarrying rights granted to said Partnership firm. The complaint was that on 23rd September. 1972 some persons pounced upon the first respondent when he was getting Into his car, assaulted him and threatened to kill him. An allegation was made that the present petitioner (Raghuvaosh Kumar) was re...
Air Foam Industries (P) Ltd., New Delhi and anr. Vs. Union of India an ...
Court: Delhi
Decided on: Apr-20-1973
Reported in: 10(1974)DLT120
Prakash Narain, J.(1) By this Petition under Article 226 of the Constitution of India the petitioners pray for the issue of an appropriate writ, order or direction in the nature of Mandamus and/or otherwise directing the respondents to Pay Rs. 2,31,663.00 due to the petitioners and an appropriate writ, order or direction in the nature of mandamus and/or otherwise directing the respondents to act in accordance with the order dated May 19,1972 passed by Hen'ble Mr. Justice T. P. S.Chawla in 1. A. No. 846 of 1972 in Suit No. 158 of 1971 and made absolute by Hon'ble Mr. Justice Avadh Behari byjudgment and order dated November 15, 1972. (2) Petitioner No. 1 is aprivate limited company within the meaning of the Companies Act, 1956 with its registered office at 27, Khan Market flats, New Delhi. Petitioner No. 2 is an engineer who describes himself in the petition as a ''self-employed whole time Technical Director 'of petitioner No. 1. The first respondent is the Union of India, the second res...
Hakim Mohd Vs. Union of India
Court: Delhi
Decided on: Apr-20-1973
Reported in: ILR1973Delhi595
P.N. Khanna, J. (1) This petition has been filed under Article 133 of the Constitution of India for the grant of a certificate of fitness for appeal to the Supreme Court, against our order dated November 2, 1972, dismissing the petitioner's writ petition. (2) Mr. A. L. Patney, the learned counsel for the petitioner, submits that he had made two-fold prayers in his writ petition, viz. that the respondents be restrained from taking forcible possession of the dargah and that they be further restrained from demolishing the grave and the dargah and other structures. According to him, no decision was given on the question of demolishing of the graves and other structures and that our decision was reached because we were not satisfied that the petitioner was in possession. The contention of the learned counsel, however, is without substance. It is clear from a perusal of our judgment that it was based on an affidavit sworn by the Chief Executive Director, Third Asian International Trade Fair,...
Sita Ram Vs. State
Court: Delhi
Decided on: Apr-20-1973
Reported in: ILR1973Delhi459
Jagjit Singh, J.(1) This appeal is on behalf of Sita Ram. He was tried by Shri K. S. Sidhu, Additional Sessions Judge, Delhi, along with Mahipal on the charges of abducting, on June 26, 1970, at about 8. p.m., Chameli, wife of Chatar Singh from Jhugi No. J-128, Karampura, Delhi, and for murdering her on the same night at Ganda Nala, Najafgarh, near Devi Ram Park. Thus the charges against the two accused were under sections 364 and 302 read with section 34 of the Indian Penal Code. On May 28, 1971 the learned trial Judge acquitted Mahipal but after finding Sita Ram guilty sentenced him for the offence of abduction to five years rigorous imprisonment and for the offence of murder to imprisonment for life. Both the sentences were, however, directed to run concurrently. (2) The appellant is about 21 years of age. Chameli deceased was about 40 or 42 years old. She along with her husband Chatar Singh and a young daughter of about 17 years of age, named Saraswati, used to live in Jhugi No. J-...
Union of India Vs. Ahmed Din
Court: Delhi
Decided on: Apr-18-1973
Reported in: 10(1974)DLT81; ILR1973Delhi365; 1973RLR565
S.N. Shankar, J.(1) This regular first appeal has been filed against the judgment and decree of Sub-Judge, First Class, Delhi, dated December 27, 1963 in favor of the respondent for a sum of Rs. 12,865.69 with proportionate costs.(2) The respondent carried on business of supplying tents on hire. He hired out tents from time to time to different Government schools run by Delhi Administration as per details in the statement marked 'A' annexed to the plaint. The respondent claimed that a sum of Rs. 24,553/12/3 became due to him on account of hire charges of the tents and that because the tents, when returned were found to be damaged and some of the items were also not returned and were found missing, he was further entitled to a sum of Rs. 10,826/4.00 by way of damages for these damaged and lost items. Out of the total amount so becoming due, he stated that a sum of Rs. 22,514/0/3 had been paid to him by the Administration, leaving a balance of Rs. 12,866.00 which was not paid in spite of...
Banarsi Dass Garg Vs. Sumer Chand and ors.
Court: Delhi
Decided on: Apr-18-1973
Reported in: 10(1974)DLT73
S.N. Shankar, J. (1) This appeal under clause 10 of the Letters Patent is directed against the order of Deshpande, J. dated November 27, 1972, dismissing the writ petition field by Banarsi Dass Garg, appellant herein, assailing the orders dated September 18, 1971 and October 29, 1971, passed by the District Judge, Delhi in election petition No. 6 of 1971 by which objections of the appellant as to maintainability of the petition were dismissed. (2) Elections to the Delhi Municipal Corporation were held on May 2, 1971. From Ward No. 51, Sumer Chand respondent No. 1 in this appeal and Banarsi Dass Garg, appellant herein, contested the election along with the other respondents to this appeal. The appellant secured 3974 valid votes as against 3882 valid votes secured by respondent No. 1. The appellant was declared duly elected. Respondent No. 1 challenged this election by election petition No. 6 of 1971 before the District Judge under section 15 of the Delhi Municipal Corporation Act, 1957 ...
Municipal Board of Hardwar Etc. Vs. Union of India and ors.
Court: Delhi
Decided on: Apr-18-1973
Reported in: ILR1973Delhi843
Sachar, J. (1) Is the Comptroller and Auditor General of India under a legal duty to give a hearing to the State Government before he certifies the net proceeds as required by Article 279(2) of the Constitution, is a question that arises in this writ petition This petition also brings into open the strain and lack of mutual understanding which may sonic time arise between the Centre and a State under Federal Constitution like ours (2) This writ petition was originally filed by the Municipal Board of Hardwar V Union (Petitioner No. 1). Respondent No. 1 is Union of India. Respondents 2 and 3 are the Railway Board and the Northern Railway respectively. Respondent No. 4 is the Comptroller and Auditor General of India. State of U.P. was respondent No. 5. Later on C.M. 73-W/73 was filed by the State of U.P. seeking to transpose itself from the array of the respondents to that of the petitioner. This was allowed by this court and in consequence an amended petition was filed with the State of ...
Bakshi Ram Vs. Murari Lal Kishan Chand
Court: Delhi
Decided on: Apr-18-1973
Reported in: 9(1973)DLT336; 1973RLR387
S.N. Andley, J.(1) The learned Single Judge was of the view that the construction of sub-section (4) of section 9 of the Delhi Rent Control Act, 1958, required consideration by a larger Bench as it arises in numerous cases and that is how this matter has come up before us. (2) The appellant, who is the landlord, purchased the shop which is in the tenancy of the respondents, on April 24. 1961. The shop bears Municipal No. 520 in Ward No. V at Mehrauli. It was purchased by the appellant from the Ministry of Rehabilitation for Rs. 8,250.00 and a sale certificate was issued in his favor on April 24, 1962. Prior to this date, the rent of the shop which was being paid to the Custodian of Evacuee Property was Rs. 6.00 per month. Shortly after this purchase, the appellant applied to the Rent Controller for fixation of standard rent. By his order dated August 21, 1964, the Additional Rent Controller fixed the standard rent at Rs. 30.00 per month on the basis of the cost of construction and the ...
Shiv Shanker Lal Vs. Commissioner of Income Tax, Delhi
Court: Delhi
Decided on: Apr-17-1973
Reported in: ILR1973Delhi298; [1974]94ITR433(Delhi)
M.R.A. Ansari, J.(1) Shri Amba Prasad, his son Shri Shiv Shanker Lal, and his grand-son, Shri Bhawani Shanker. constituted a Hindu undivided family. This family owned a property called Amba Prasad Garden situated at Subzimandi, of the extent of 14,716 sq. yards and coataining a garden house which covered an area of 312 sq. yards. Amba Prasad died in 1950 and in 1953, the joint family was disrupted by a partition between Shri Shiv Shanker Lal, his wife, Smt. Krishana Devi, and his son, Shri Bhawani Shanker. Under this partition, the property known as Amba Prasad Garden was allotted to the share of Shri Shiv Shanker Lal (who will be hereinafter referred to as the assessed). On 25-6-1961 the assessed, his wife, his son and his daughter-in-law formed a company known as New Delhi Theatres Private Limited. The assessed, his wife and his son held 10 shares each and the assessed's daughter-in-law held 5 shares in this company. On 15-7-1961, the assessed sold 6,120 sq. yards of land out of Amba...
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