Delhi Court September 1973 Judgments
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State (Delhi Administration) Vs. Om Prakash and anr.
Court: Delhi
Decided on: Sep-20-1973
Reported in: 1975CriLJ177
Prithvi Raj, J.1. A complaint under Sections 18 (c), 18 (a) (ii) read with Sections 27 (a) (ii), 27 (b) of the Drugs and Cosmetics Act. 1940, (Act XXIII of 1940). hereinafter referred to as the Act, was filed against the respondents Om Prakash Aggarwal and Ram Gobind, that they were on 17th June, 1969, selling, stocking and exhibiting for sale drugs at their shop known as M/s. Gobind General Store without a drug license, and thereby the respondents contravened the provisions of Section 18 (c) of the Act, punishable under Section 27 (a) (ii) of the said Act, with imprisonment which shall not be less than one year. It was further alleged that on the aforesaid date. Om Parkash Aggarwal. respondent No. 1 sold one bottle of Queens Balm and 4 tablets of Sulphadiazine for Rs. 1.65 P., to one Vinod Behari Baipai. On demand, the respondent Om Prakash Aggarwal issued a cash memo for Queens Balm but refused to issue cash memo for Sulphadiazine tablets. The shop of the respondents was inspected on...
Additional Commissioner of Income-tax Vs. Chetan Dass (Deceased) (by L ...
Court: Delhi
Decided on: Sep-19-1973
Reported in: [1975]99ITR46(Delhi)
Khanna, J. 1. This petition has been filed by the Additional Commissioner of Income-tax, Delhi-II, under Section 256(2) of the Income-tax Act, 1961, praying that the Income-tax Appellate Tribunal be directed to submit the statement of case and refer the following questions of law which are said to have arisen out of its order, in I.T.A. No. 1898/69-70 and I.T.A. No. 865/69-70, relating to the assessment year 1963-64 :'(1) Whether the Tribunal had any material to reach the finding that the asssessee had satisfactorily explained the moneys entered in the exercise book ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the sum of Rs. 30,000 could not be deemed to be the income of the assessed ?' 2. The original assessed, Chetan Dass (now deceased), was an individual, who derived income from purchase and sale of hing, supari, navan and from house property. The assessment year involved is 1963-64, for which the previous year ended...
Steel and General Mills Co. Ltd. Vs. Commissioner of Income-tax
Court: Delhi
Decided on: Sep-18-1973
Reported in: [1974]96ITR438(Delhi)
Ansari, J.1. M/s. Steel & General Mills Co. Ltd. (hereinafter referred to as the assessed-company) carried on business of manufacturing and sale of steel goods at Mogulpura in Pakistan during the pre-partition period. After the partition, the officer of the company was shifted to Delhi while the steel mills were left behind in Pakistan. The assessed-company had taken a contract from the Government to supply towing attachments for military lorry bodies at a fixed rate. According to the terms of this contract, the Government had to supply steel melting scrap arid borings and turnings required for the purpose of the contract at the rate of Rs. 40 and Rs. 10 per ton respectively. After the passing of the Scrap Control Order, 1943, the Government demanded from the assessed-company payment of the freight charges also in respect of the melting scrap and borings and turnings supplied by the Government to the assessed-company. The assessed-company, however, disputed its liability to pay the fre...
Polo Singh and Co. Vs. Commissioner of Income-tax
Court: Delhi
Decided on: Sep-18-1973
Reported in: [1975]98ITR564(Delhi)
Ansari, J. 1. M/s. Polo Singh & Company (hereinafter referred to as 'the assessed'), has filed the present application under Section 256(2) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), with the prayer that the Income-tax Appellate Tribunal, Delhi Bench (hereinafter referred to as 'the Tribunal '), be directed to refer the following question to this court : ' Whether, on the facts and in the circumstances of the case, the levy of penalty under Section 271(1)(c) of the Income-tax Act is justified '2. For the assessment year 1963-64, the assessed returned an income of Rs. 18,861. The assessed's books of account were not accepted and the assessment was completed by the Income-tax Officer on an income of Rs. 78,700 which was ultimately reduced by the Tribunal to Rs. 51,287. The said amount included a sum of Rs. 3,500 which was shown in the assessed's books as cash credit. The assessed could not prove this cash credit and, ultimately, surrendered this amount for being ...
Tulison Traders, Delhi and anr. Vs. Gurdit Singh and ors.
Court: Delhi
Decided on: Sep-14-1973
Reported in: AIR1974Delhi190; ILR1974Delhi100
ORDER1. This civil revision is directed against the judgment dated the 9th August, 1966, passed by Shri D.R. Khanna, Additional Senior Sub-Judge, Delhi, with enhanced appellate Powers whereby he accepted the appeal of respondent Gurdit Singh carrying on business in the name and style of Luxmi Trading Agency against the order and judgment dated the 12th January, 1965, passed by Shri K. C. Dewan, Sub-Judge 2nd Class, Delhi, whereby the learned Sub-Judge dismissed the suit of the respondent Gurdit Singh against the Present petitioners and respondents Nos. 3 and 4, claiming ejectment of the petitioners in respect of a part of the premises in the back portion of the building bearing Municipal No. 764 towards Queens Road, New Delhi, which ejectment was sought on the ground of non-payment of rent. In the result Shri D. R. Khanna, decreed the suit against the present petitioners and respondents 3 and 4 in the present revision petition.2. Relevant facts necessary for the disposal of this Petiti...
Ratna Vs. Indian Institute of Technology Etc.
Court: Delhi
Decided on: Sep-14-1973
Reported in: ILR1974Delhi68
Rajindar Sachar, J. (1) This writ petition under Articles 226 and 227 of the Constitution of India challenges the order dated August 4, 1966, terminating the petitioner's service as telephone operator in the Indian Institute of Technology, New Delhi, passed by respondent No. 1 and the award dated March 25, 1970 by the Tribunal for arbitration respondent No. 2 appointed under Section 30 of the Institutes of Technology Act, 1963 (hereinafter called the Act). (2) On May 20, 1964, the petitioner was offered appointment of the telephone operator in the institute on the terms and conditions mentioned in the appointment letter. She pined on June 23, 1964. The appointment was made on probation for one year. One of the terms was that during the period of probation her services were liabie to termination by the institute any time and without assigning any cause. Clause 11 of the appointment letter provided that all other terms and conditions of service and rules of discipline and conduct as cont...
MoinudIn Vs. Syed Mohd. Hassan
Court: Delhi
Decided on: Sep-10-1973
Reported in: [1974]44CompCas530(Delhi); 1974RLR70
H.L. Anand, J.(1) This second appeal by the Mutawalli of a Wakf who was an unsuccessful defendant in the proceedings arising out of the suit filed by the first respondent raises two questions namely,(a) whether the suit of the first respondent for a declaration that the first respondent was a co-mutawalli in respect of wakf in question and entiled to share the offering and income thereof was liable to be rejected on the ground that the plaint did not disclose any cause of action; (2) whether the suit war impliedly barred by the provisions of Section 6 of the Wakf Act, 1954, hereinafter called the 'Act'. (2) On these questions, which were raised by. way of preliminary objections, the Trial Court returned the finding that (a) the plaint did not disclose as to how and why the notification which was challenged by the plaintiff was 'wrong, unjust and illegal' and that (b) the suit was impliedly barred by the provisions of Section 6 of the Act and as a result, the suit of the plaintiff was d...
Shafiq Ahmed Etc. Vs. Chander Kant
Court: Delhi
Decided on: Sep-10-1973
Reported in: 1974RLR159
H.L. Anand (1) Respondent 1 had sued appellant for eviction. Appellants by way of amendment of Written statement had contended that petition was not maintainable for lack of notice U/S 106 of T. P. A. The Controller held against them on the basis that they were statutory tenants. In appeal they did not specifically challenge this in the grounds of appeal to urge this as an additional ground. The Tribunal rejected this application and they appealed to the High Court against it.]. Para 11 onwards the judgment is :- (2) Learned counsel for appellant assailed the impugned order on the ground that in considering the question whether the ground had been left out inadvertently or not, the Tribunal: took into account the considerations which were wholly irrelevant while ignoring those on record which were material and that in any event, the Tribunal completely misdirected itself by ignoring that the plea regarding. the maintainability of the petition was a plea of law, had been raised before t...
Rajinder Singh Vs. the State
Court: Delhi
Decided on: Sep-07-1973
Reported in: ILR1974Delhi277
S. Rangarajan, J.(1) The appellant (Rajinder Singh) has been convicted by the learned Additional Sessions Judge, Shri O. N. Vohra) under section 302 Indian Penal Code . and sentenced to undergo imprisonment for life. According to the prosecution the deceased (Raghbir Singh) was killed by the appellant, by shooting at him, at about 3 or 4 P.M. on 21-6-1955 on account of various heads of alleged enmity. (2) The paternal grand father of the appellant, Bhim Singh, had four wives, the appellant's father Narian Singh having been born to the first wife. Bhim Singh's second wife was Smt. Indrawati who had four sons including Dalip Singh Balbir Singh (P.W. 1) and Balwant Singh (P.W. 4). The third wife of Bhim Singh was a sister of Smt. Indrawati; the deceased Raghbir Singh was Bhim Singh's son through his third wife. Through his fourth wife Bhim Singh had yet another son Partap Singh. The wives of Balbir Singh and the deceased were sisters. (3) The motive for the occurrence is said to be the en...
Bhai Mukand Singh Vs. Ladha Singh and anr.
Court: Delhi
Decided on: Sep-07-1973
Reported in: ILR1973Delhi926; 1974RLR191
Prithvi Raj, J. (1) The petitioner by this petition filed under section 561-A Criminal Procedure Code . has prayed that the proceedings pending before Shri Brijesh Kumar, Judicial Magistrate 1st Class, against him and four others on a complaint filed by respondent Ladha Singh under section 352/341/504/506/147/149 I. P. C. be quashed. The grounds on which the proceedings are sought to be quashed are alleged to be that the petitioner earlier on 9th March, 1973, filed a complaint in the Court of Shri Brijesh Kumar, Judicial Magistrate 1st Class, under sections 506/323/295/500 1. P. C. read with section 34 1. P. C. against respondent Ladha Singh and one Kartar Singh son of Ajaib Singh on the allegation that on 12th February, 1973, when the petitioner was returning from Gurdwara Sin Guru Singh Sabha Ali Ganj after having attended the monthly Sangrand Jor Mela he was waylaid by Ladha Singh and Kartar Singh near Ali Ganj Post Office. Ladha Singh 'respondent was stated to have caught hold of t...
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