Delhi Court March 1974 Judgments
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Kesora M. Cement Vs. the Government of India and ors.
Court: Delhi
Decided on: Mar-29-1974
Reported in: 10(1974)DLT321
T.V.R. Tatachari, J.(1) This Civil Writ Petition has been fied by M/s. Kesoram Cement, Proprietor, Kesorarn Industries & Cotton .Mills Ltd., Basant Nagar Post, Karirnnagar District, Andhra Pradesh, represented by its Vice-President Shri K. C. Jain. The respondents are (1) The Government of India, represented by the Secretary, Ministry of Steel and Mines (Department of Mines); (2) Government of Rajasthan, represented by Secretary, Industries and Mines Department, Jaipur ; (3) Director of Mines & Geology, Government of Rajasthan, Udaipur (4) M/s. Oriental Talc Products (Pvt.) Ltd., Jaipur ; and (5) The Mining Engineer, Department of Mines, Government of Rajasthan, Jaipur. The petitioner has prayed that the orders of the first and second respondents, dated September 11, 1972, and January 10, 1973, respectively, be quashed. (2) The facts which have given rise to this Writ Petition are as follows. By a notification (Annexure K), dated March 9,1967, the Government of Rajasthan, second respon...
Padam Chand JaIn Vs. Mahabir Pershad and Sons and anr.
Court: Delhi
Decided on: Mar-29-1974
Reported in: 11(1975)DLT51; 1975RLR383
T.V.R. Tatachari, J.(1) This Second Appeal has been filed by Padam Chand Jain against the order of the Rent Control Tribunal, Delhi, dated July 25, 1968, dismissing Rent Control Appeal No. 1611 of 1966, and thereby confirming an order of the Controller. Delhi, dated November 7, 1966, in Suit No. 1203 of 1964.(2) Padam Chand Jain filed an application on December 30. 1964. in the Court of Controller, Delhi, against (1) M/s Mahabir Pershad & Sons and (2) M/s Attar Chand Jain & Sons, under Section 14 of the Delhi Rent Control Act, 1958, for eviction of the said respondents from the premises bearing No. 3729, Katra Dhoomi Mal, Churi Walan, C^hawri Bazar, Delhi. The application was numbered as Suit No. 1203 of 1964. The applicant, Padam Chand Jain. allege d in his application that M/s Mahabir Pershad & Sons, (first respondent) was an old tenant in respect of the aforesaid premises at a monthly rent of Rs. 137.50 and was already in occupation of the same in 1938 when the father of Padam Chand...
Official Liquidator of Milan Chit Fund and Finance Pvt. Ltd. (In Liqui ...
Court: Delhi
Decided on: Mar-27-1974
Reported in: 10(1974)DLT220
D.K. Kapur, J. (1) M/S. Milan Chit Fund and Finance (P) Ltd., is a company which was ordered to be wound up by this Court per order of S.K. Kapur J., dated 11th February, 1969. The Official Liquidator filed a complaint datpd 26th April, 1969, under Section 454(5) and 5(A) of the Companies Act, 1956, against Shri Ajit Singh Bhasin and three others, who were alleged to be directors of the company at the time it went into liquidation. The complainant states that the statement of affairs of the company had to be filed within 21 days of the passing of the winding up order, but no statement , filed. It was further stated that the complainant had given a notice dated 15th March, 1969, to the four accused, which had come back undelivered. The case of the Liquidator is that the accused have committed an offence under Section 454 of the Companies Act, 1956, which is a continuing one. The Court ordered summons to issue to the accused. On 27th January, 1970, the pleas of the accused were recorded ...
R.L. Kapur Vs. the Punjab National Bank Ltd., New Delhi and anr.
Court: Delhi
Decided on: Mar-27-1974
Reported in: 10(1974)DLT282; [1974(29)FLR384]
D.K. Kapur, J. (1) The question which arises in this Civil Writ Petition instituted under Article 226 of the Constitution of India, which has been instituted by Shri R. L. Kapur, against the Punjab National Bank and Shri Anand Narain Kaul, Presiding Officer, Central Government Labour Court, is a short one. The applicant had moved an application under Section 33C(2) of the Industrial Disputes Act, 1947, before the Presiding Officer, Central Govt. Labour Court, claiming that he was entitled to certain benefits under the Shastri Award. It seems from the facts stated in the Writ Petition that the petitioner originally joined the Punjab National Bank Limited as a cashier in its branch office at Lahore and was later transferred to its Central Office, Cash Section. He claims that he migrated from Pakistan in September, 1947, and reported for duty in October,1947.He was eventually re-employed as Assistant Cashier in the Civil Line Branch of the Bank with effect from 19th April, 1951. The petit...
Kwality Ice Cream Company and Restaurant Vs. the Sales Tax Officer, Ne ...
Court: Delhi
Decided on: Mar-27-1974
Reported in: 11(1975)DLT180; [1974]34STC396(Delhi)
M.R.A. Ansari, J.(1) The common question that arises for determination in these writs and sales tax reference is whether ice-cream is a milk product within the meaning of entry 12 in the Second Schedul; of the Bengal Finance (Sales Tax) Act, 1.41 as extended to the Union Territory of Delhi (hereinafter called as the Act) and, thereforee. exempt from assessment from sales tax. All the abovswrit petitions and the sales tax references are disposed of by this common judgment.? Editor(2) The petitioners in the several writ petitions as well as in the sales tax references are manu acturers of ice-cream, some of them being registered under the Act arid some of them being not so registered. According to the petitioners, ice-cream was prepared purely from milk and cream, although they admit that some other ragredients were also added for the purpose of giving different flavours to the ice-cream as well as for the purpose of stabilising it. The respondents, however. deny that- the ice cream manu...
Prabhu Dayal Vs. the State
Court: Delhi
Decided on: Mar-22-1974
Reported in: 10(1974)DLT308
R.N. Aggarwal, J. (1) Prabhu Dayal Sharma, Appellant herein, a postman in the Milkaganj Post Office, was tried in the court of Shri M.K. Chawla, Addl. Session Judge, on the charges under section 409 of the Indian Penal Code and section 52 of the Indian Post Office Act. The trial Judge found the accused guilty of the offences charged with and sentenced him to rigorous imprisonment for 4 years and a fine of Rs. 1000.00and in default of payment ' of fine to under go rigorous imprisonment for 6 months. The Judge further ordered that out of the fine, if realised, a sum of Rs. 968. 35P be paid to the Posts and Telegraphs Department. Against his conviction and sentence the accused has came in appeal. (2) On various dates in the month of April 1968, the appellant was entrusted with the following money order forms for disbursement :- (1)Value payable money order No. 1678 dated 13th April, 1968 payable to M/s. Manik Electronics Company ; (2) Foreign Money order No. 6157 dated 16th April, 1968 pa...
Mohd. Rafi Alias Vs. State (Delhi Administration)
Court: Delhi
Decided on: Mar-22-1974
Reported in: 10(1974)DLT293
Jagjit Singh, J.(1) MOHD. Rafi alias. Mohd. Rafiq was tried by an Additional Sessions Judge on the charge that he had on November 17, 1972 at Katra or Gali Marwari, Qasabpura, near Sadar Bazar, Delhi, had committed murder intentionally and knowingly by causing the death of Badru-din. The trial Judge found him guilty of the offence of murder and on December 1, 1973 sentenced him to death under section 302 of the Indian Penal Code. Against his conviction and sentence Mohd Raft has filed an appeal while the learned Additional Sessions Judge has made a reference, under provisions of section 374 of the Code of Criminal Procedure, for the sentence of death being confirmed. (2) BADRU-DIN deceased was about 43 years of age and was a meat seller by profession. He was also chairman of the meat-sellers' Association.Admittedly they were also residents of the same locality, i.e. the Qasabpura. (3) The prosecution case was that Mohd Rafi had borrowed Rs. 50 from the deceased. On November 17, 1972 at...
Jungli and anr. Vs. Syed Waris Ali and ors.
Court: Delhi
Decided on: Mar-22-1974
Reported in: 11(1975)DLT132
H L. Anand, J.(1) This second appeal under Section 9 of the Delhi Rent Control Act, 1958 (hereinafter called 'the Act') must be dismissed on the short ground that by virtue of an order made by the Controller on December 10, 1971. allowing the amendment of the petition for eviction, it has become infructuous. (2) The facts giving rise to the appeal may be briefly stated. Syed Ashaq Ali, the owner of the property in dispute filed a petition for the eviction of the appellants, inter alia, on the grounds that the said owner bona fide needed the premises in dispute for his personal need as a residence. The petition was also based on two other grounds, namely, that the appellants had unauthorisedly sublet and had damaged the demised premises. During the pendency of the petition, the owner died leaving the present respondents as his legal representatives. The appellants made an application to the Additional Rent Controller that the cause of action for the petition for eviction of the appellan...
D.P. Rai Ahuja Vs. Delhi Development Authority
Court: Delhi
Decided on: Mar-22-1974
Reported in: 1974RLR664
H.L. Anand, J.(1) Petitioner carried on certain construction after sanction from Municipal Corporation D.D.A. claiming that construction was against lease terms cancelled the lease and threatened re-entry. Petitioner Sued for mandatory injunction that cancellation was wrong and threat of re-entry was illegal. D.D.A. raised preliminary objections that D.M.C. was necessary party and that suit was not maintainable without notice u/s 53 B (1) D.D. Act. Trial Court held these issues against plaintiff and he filed revision in High Court. Maintainality of revision was questioned. It was held on reliance on Sada Nand v. D.D.A. 1973. R.L.R. 295, that revision lies against, decision of a part of cause of action. Para 24 onwards the judgment is :- (2) It is thus clear that even though the order directing the addition of the Corporation as a defendant to the suit was not a mere procedural order but was an order which was capable of affecting the course of the litigagation, even the outcome of it a...
Capital Chit Fund (P.) Ltd. (In Liquidation)
Court: Delhi
Decided on: Mar-21-1974
Reported in: [1974]44CompCas547(Delhi); 10(1974)DLT232; ILR1974Delhi205
D.K. Kapur, J. (1) In this appeal, which is by one of the creditors of M/s Capital Chit Fund (P.) Limited, counsel for the Official Liquidator wants to adduce proof in support of the decision of the Official Liquidator appealed against. I think this procedure cannot be followed in this particular case. (2) The facts of the case are that Mrs. Parkash Bhasin, appellant in this Court, had placed proof before the Official Liquidator concerning her claim that the company in liquidation was in debted to her to the extent of Rs. 3,585.80. Instead of ascertaining as to how much out of this claim should bs rejected, the OFficial Liquidator by his letter, dated 29th September, 1973, communicated to the appellant that he accepted the claim to the extent of Rs. 2585.00. This led to some further correspondence between the appellant and the Official Liquidator which is also annexed to the appeal. Eventually, the Official Liquidator informed the appellant that the sum of Rs. 2585.00 was correctly adm...
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