Delhi Court May 1974 Judgments
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Mercury Travels India (P.) Ltd. Vs. Director of Enforcement, New Delhi
Court: Delhi
Decided on: May-31-1974
Reported in: 11(1975)DLT172
H.L. Anand, J. (1) The question that this appeal under Section 23-E of the foreign Exchange Regulation Act, 1947. hereinafter called 'the Act' raised is a short but by no means an easy one whether a travel agency which, pursuant to a group travel scheme and in consideration of money received in India, provides not only passage abroad but board, lodging and transportation and renders certain other services to the passengers there, could be said to have sold foreign exchange to the passengers so as to be within the mischief of Section 4(1) of the Act. (2) The facts, as found by the Director of enforcement in the original proceedings and confirmed by the Foreign Exchange Regulation Appellate Board in appeal under Section 23-E of the Act and which, by virtue of the aforesaid concurrent finding of facts, as indeed, the_limited scope of the present appeal, are beyond challenge, are that the appellant a travel agency, sponsored a scheme of group travel abroad is collaboration with a certain a...
Management of Saran Motors (P.) Ltd. Vs. Shrihansraj and ors.
Court: Delhi
Decided on: May-31-1974
Reported in: 11(1975)DLT210
B.C. Misra, J. (1) This writ petition has been filed by the Management against the order of the Additional Industrial Tribunal Delhi dated 6th April, 1967 by which it has repelled the preliminary objection raised by the Management. (2) The material facts of the case are that on a previous occasion there was a dispute between the Management and its workmen relating to the conditions of service. This was referred to the Industrial Tribunal on 18th April, 1960 under I.D. No. 98 of 1960 During the course of proceedings, the Management and the workmen arrived at a settlement which was incorporated. in an award dated 5th November, 1960 It is the construction and effect of the arbitration clause contained in the present case. (3) He said award was published by the Government and became effective. Eventually the workmen terminated it on 26th August, 1964. There after they raised a charter of demands. The charter principally related to revision of the wages and conditions of service. Mrs. Kapur...
The Management of Statesman Ltd., New Delhi Vs. Lt. Governor, Delhi an ...
Court: Delhi
Decided on: May-31-1974
Reported in: 11(1975)DLT204; 1975LabIC543; (1975)IILLJ33Del
B.C. Misra, J.(1) This writ petition has been filed by the Management against the Award of -the Industrial Tribunal dated 28th January, 1973, made on a Reference dated December 13, 1971, by which the Tribunal has decided the preliminary issues against the petitioner and has set down the dispute for decision on merits. (2) The material facts of the case are that respondent No. 3, Mr. B. D. Mathur, joined employment of the petitioner as Sub Editor in 19510 and was in May, 1965 made a special representative He was admittedly a 'working journalist' within the meaning of the terms in Section 2(f) of the Working Journalists Conditions of Service) & Miscellaneous Provisions Act, 1956 (which is hereinafter referred to as the Act). On his assignment as a special representative, the respondent claimed certain perquisities and benefits, which were denied to him. This raised an industrial dispute which was referred by the Lt. Governor, Delhi by his order dated December 13, !971 for adjudicatioa to...
Kishanchand Vs. the Union of India and anr.
Court: Delhi
Decided on: May-29-1974
Reported in: ILR1974Delhi637; 1974RLR553
T.P.S. Chawla, J.(1) These two cases have been referred for decision by a larger Bench. One was referred by me. and the other by Mr. Justice Avadh Echari. They came before each of us sitting singly on the Original Side. Both the cases have now been heard conjointiv as the arbitration clauses round which they turn are substantially the same, and the questions which have arisen are associated. First, we will deal with the case referred by me.(2) In October 1971, the Union of India accepted a tender submitted by the petitioner, Kishan Chand, for developing the site of the Third Asian International Trade Fair 1972 and providing roads and paths and concrete pavements in the Exhibition Grounds. The formal contract subsequently executed contained an arbitration clause. This was clause 25, of which the relevant part reads: 'EXCEPTwhere otherwise provided in the contract all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before me...
Satnam Singh and anr. Vs. Mohinder Singh and ors.
Court: Delhi
Decided on: May-28-1974
Reported in: AIR1975Delhi104
1. There are a number of applications before me which will be decided by this judgment. There was a second appeal, R. S. A. No. 22 of 1966, instituted by Satnamsingh and another versus Mohinder Singh and others, which was decided by me on 15th November, 1972. One of the respondents in that case was Shri Amar Nath son of Shri Nihal Chand. At the hearing of the appeal, the appellants were represented by Mr. Anoop Singh, Advocate, and the respondents by Mr. N. D. Bali, Advocate. The appeal was decided on the, assumption that all the parties were alive and no mention was made that Shri Amar Nath, respondent No. 3, was dead. In fact, his Advocate did not bring this fact, to the notice of the Court. The judgment, as I have mentioned above, was delivered on 15th November, 1972, and the appeal was accepted. On 80th January, 1973, three separate applications on behalf of the appellants were filed in this Court. They were Civil Miscellaneous Nos. 456 to 458 of 1973. In these applications, it was...
B.S. Suri Vs. L.N. Dass and anr.
Court: Delhi
Decided on: May-28-1974
Reported in: 11(1975)DLT60; 1974RLR519
Rajinder Sachar, J.(1) This is a petition under Article 227 of Constitution against the order of Sub-Judge dated 10th April, 1974 whereby the court had directed that the witness Shri Radha Raman, Chief Execute e Councilor be examined on commission in suit which is pending before it. The suit was filed in 1968 and the plaintiff concluded his evidence in 1970. Subsequently, the case was being adjourned for the evidence of the defendants. In the list of witnesses was included the name of Shri Radha Raman. Even summons were issued to him but he did not appear through served and thus could not be examined at the time. Shri Radha Raman was not the Chief executive Councillor of the Metropolitan Council, Delhi, at that time. Subsequently, it appears that a number of time the summons were issued to Shri Radha Raman but he did not appear in pusuance of them. The last time he was served on 11th March, 1973, but again he did not appear in the Court. Even a notice under Order 16 Rule 12 was issued ...
Garg and Company Vs. Commissioner of Income-tax
Court: Delhi
Decided on: May-28-1974
Reported in: ILR1974Delhi415; [1974]97ITR639(Delhi)
P.N. Khanna, J. (1) At the instance of the assessed, Messrs Garg & Company, the income-tax Appellate Tribunal Delhi Bench *B' referred to this Court under section 256(1) of the Income-tax Act. 1961, the following questions : '(1)Whether on the facts and in. the circumstances of the case and on a correct interpretation of the provisions of section 139(4) of the Income-tax Act, 1961, interest could be legally charged on the assessed as provided in proviso (iii) of section 139(1) of the Act? (2)Whether on the facts and in the circumstances of the case, the Tribunal was legally right in holding that subsection (4) of section 139 of the Income-tax Act, 1961 does not require an assessed to apply for extension of time for filing its return of income as a condition precedent for charging of interest as provided in proviso (iii) of section 139(1) of the Income-tax Act, 1961?' (2) The assessment year in question is 1962-63 corresponding to the previous year ending on March 31, 1962. The assessed...
State Bank of India, Delhi Vs. V.K. Gupta and anr.
Court: Delhi
Decided on: May-24-1974
Reported in: 11(1975)DLT254; 1974RLR706
P.N.Khanna, J. (1) This judgment will dispose of Civil Revisions No. 334 of 1972 and Nos99, 111and 131 of 1973. Respondent No 2, Messrs. Shamrock Industries is a concern of which Shri S. Nath is the sole Proprietor. It entered into an agreement, exhibit 0-3, dated 11th November, 1968 with the petitioner. State Bank of India, herein called 'the Bank', under which the Bank agreed to advance monies to it up to a limit ofRs25,000.00 ontbe security of hypothecation of goods. (2) Respondent No. 2 owed certain monies to certain other creditors as well. Three decrees were passed against respondent No. 2. The decree which is involved in Cr 334 of 1972 was passed on September 14, 1967 for Rs. 2693.40 (suit No. 321 of 1967) in favor of V. K. Gupta and K. N. Gupta, decree-holders. The decree involved in Cr 99 of 1973 was passed on September 14, 1967 for Rs. 3,281.40 (suit No. 322 of 1967) also in favor of V. K. Gupta and K. N. Gupta. Decree involved in Cr 111 of l973 was passed on 28th November, 1...
Jagdish Chander and anr. Vs. Bakshi Chatarpal Singh and ors.
Court: Delhi
Decided on: May-23-1974
Reported in: 11(1975)DLT97
Yogeshwar Dayal, J. (1) This is a petition for revision against the order of the trial court dated 13th October, 1 972, whereby the trial court suo motu allowed an amendment in a reply filed by the plainuffs-decree-holders to the application filed by the petitioners under Order 9 Ruls 13 Civil Procedure Code for setting aside the decree passed against them and to raise a new plea subsequently.(2) The decree dated 25th November, 1966 was pasted against the petitioners and respondents 2 to 10 for money where the present petitioners were judgment-debtors Nos.7 and 9. On the petitioners coming to know the decree they filed an applicat on under Order 9 Rule 13 read with section 151 of the Code of Civil Proeedure for setting aside the decree passed on 25th November. 1966.(3) It was alleged in the application that the pstitioners had come to know of the decree on or about 9th December, 1968 It was pleaded that they were not served at all in the suit and had no knowledge of any kind whatsoever...
Union of India Vs. Shamsher Bahadur
Court: Delhi
Decided on: May-23-1974
Reported in: ILR1974Delhi565
P.N. Khanna, J. (1) This judgment will dispose of Regular First Appeal Nos. 258 and 338 of 1972. Regular First Appeal No. 258 of 1972 is filed by the Union of India in which Mr. Justice Shamsher Bahadur, herein referred to as 'the claimant', and M/s. Housing and General Finance Private Limited, herein called 'the coloniser', are respondents Nos. I and 2 respectively. Rfa 338 of 1972 is filed by the claimant in which the Union of India and the coloniser(2) The notification under section 4 of the Act was made on October 24, 1961. The notification under section 6 of the Act was issued on October 26, 1969. The area under acquisition consisted of small individual plots, but the Collector considered it not possible to work out the value of each and every plot and assess separate values thereof. According to him the entire area under acquisition constituted a large block measuring 1648 bighas and 3 bids was and hence it had to be assessed as such. He divided the entire area into four categori...
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