Delhi Court July 1974 Judgments
Home Cases Delhi 1974 Page 1 of about 8 results (0.020 seconds)Sheila Devi and ors. Vs. Kishan Lal Kalra and ors.
Court: Delhi
Reported in: ILR1974Delhi491
T.V.R. Tatachari, C.J. (1) Two questions have been referred by H. L. Anand J. for the opinion of this Full Bench. They are: (1)Whether the Court has power to interfere in the plaintiff's valuation of relief for the purpose of court-fee under Section 7(iv) of the Court Fees Act; and (2)If so, (A)when would such interference be justified, and (B)what should be the criterion for the re-determination of the value (2) The reference came to be made in the following circumstances. Sudershan Kumar Kalra, Krishan Lal Kalra and Hans Raj Kalra are real brothers. Sudershan Kumar Kalra filed a suit originally in the Court of the Senior Subordinate Judge, Delhi, in December, 1968. He subsequently died and his wife and five children were brought on record as his legal representatives. The suit has since been transferred to the original side of this Court and re-numbered as Suit No. 35 of 1971. The defendants in the suit are (1) Kishan Lal Kalra (2) Hans Raj Kalra, (3) Jagmohan Kalra, (4) Kishan Lal...
Tag this Judgment!S. Hadit Singh Obra Vs. S. Daljit Singh
Court: Delhi
Reported in: AIR1975Delhi144; 11(1975)DLT289
ORDERXXl rule 10, unlike Order Xli rule I, doesn't require that an execution application shall be accompanied by a copy of the decree to be execuired. (7)Order Xxi rule 1 1 (1) expressly states that where a decree is for the payment of money the Court mav, on the oral application of the decree holder, order immediate execution thereof at the tima of the passing of the decree by the judgment debtor prior to the preparation of a warrant if ie is within the precincts of the Court. (16) The passing of a decree in the eye of law thereforee means the delivery of a judgment on which a decree has to be drawn up compulsorily by the Court. The delay on the part of the Court in drawing up of the decree will not mean that no decree is passed in favor of a successful party until it is actually drawn up and signed by the Court. there is a distinction thereforee, between the passing of a decree and the drawing up of a decree. I his is why the expanation to section 12 of the Limiration Act l963 says t...
Tag this Judgment!Hardit Singh Obra Vs. Daljit Singh
Court: Delhi
Reported in: ILR1974Delhi571b
V.S. Deshpande, J.(1) The question for decision in this as also in the connected F.A.O. (O.S.) 43 of 1972 is whether certain terms of the compromise dated December 5, 1968 between the parties in Suit No. 283 of 1967 recorded by Jagjit Singh, J. could be said to 'relate to the suit' within the meaning of Order Xiii role 3 Civil Procedure Code so as to be embodied in a decree and whether the said part of the decree was executable. (2) The appellant had sued the respondent in Suit No. 283 of 1967 in this court for three reliefs namely :- (1) dissolution of the partnership between the parties; (2) rendition of accounts to the appellant by the respondent; and (3) an injunction that the respondent be restrained from using certain premises of which the appellant was a lessee but which were used by the partnership of which the parties were partners. (3) On December 6, 1968 the parties filed a compromise petition before Jagjit Singh, J. praying that the terms of the compromise thereof be record...
Tag this Judgment!Ratnakar Vishwanath Joshi and ors. Vs. Life Insurance Corporation and ...
Court: Delhi
Reported in: (1975)ILLJ501Del
V.S. Deshpande, J.1. Under Article 226 of the Constitution, this Court can order the enforcement of certain public law rights (as distinguished from private law rights, e.g., rights based on contracts). Can such a right arise out of an administrative scheme or instructions (as distinguished from 'law' or orders having the force of law) issued by the Life Insurance Corporation of India (as contrasted with the Government) with respect to a class of its employees Can this Court review administrative action by the Chairman of the Corporation withdrawing such scheme or instructions without authority These would appear to be the ultimate issues arising in this writ petition in the back-ground of the following facts and law.2. The Corporation (respondent 1) was established by the Life Insurance Corporation Act, 1956 to carry on the business of life insurance as a monopoly on business principles (Section 6). It can act itself Section 4 or through committees Section 19. It has power to appoint ...
Tag this Judgment!R.B. Seth Jessa Ram Fateh Chand, Nayabazar, Delhi Vs. Union of India
Court: Delhi
Reported in: 11(1975)DLT74; 1975RLR57
Avadh Behari Rohitgi, J.(1) By acontract dated October 6, 1953, Messrs R B Seth Jessa Ram Fateh Chand, petitioners, agreed to supply 500 tons or wheat bran to the respondent. Union of India. Disputes arose between the parties. The Union of India cancelled the contract and claimed damages from the petitioners for the breach of contract. The petitioners, on the other hand, charged the Union of India with breach. They made their own claim against the Union of India.(2) The contract dated Octobar 6, 1953, contained an arbitration clause which is as under :- 'INthe event of any question or dispute arising under the conditions mentioned in this schedule or in annexure thereto or in General Condtitions of the Contract (Supply Deptt. Form No WSB/133) except as to any matter the decision of which is specially provided for by these conditions, the same shail be referred to the sole arbitration or any parson nominated by the Secretary of the Ministry of the Government of India Administratively de...
Tag this Judgment!The State of Bihar Vs. Press Council of India and ors.
Court: Delhi
Reported in: AIR1975Delhi79; 11(1975)DLT234a
V.S. Deshpande, J.(1) Has the Press Council of India the Jurisdiction to consider the complaint of the editor of a newspaper against the Government with a view to help the newspaper to maintain its independence Can the Council give the Government an opportunity to rebut the complaint if the Government so desires These questions are raised by the present writ petition.(2) The petitioner is the State of Bihar. The three respondents respectively are the Press Council of India, the Editor of 'The Searchlight' a daily newspaper published from Patna-and the Secretary, Press Council of India. The Government of Bihar constituted what it called the Food Committee giving the members of the said Committee the status of cabinet ministers with all the facilities and perquisites A attached to such status in doing the work of the Committee in the State of Bihar. The Editor of the 'Indian Nation', another English newspaper of Patna and Shtt Shambhu Nath Jha, Assistant Editor of the Searchlight were ap...
Tag this Judgment!Virendar Kumar Vs. Gyani Ram Etc.
Court: Delhi
Reported in: 1974RLR656
H.L. Anand, J.(1) The only question that this appeal under Section 110 (d) of the Motor Vehicles Act, 1939 (hereinafter called 'the Act') raises is as to the quantum of compensation to which the appellant is entitled on account of general damages as a result of of the left arm as a result of accident and involves a difficult as indeed a painful exercise as to the valuation in monetary terms of pain, loss of happiness and diminution of earning capacity in cases of accident. (After narrating facts in paras 2 to 4 that appellant a student was seriously injured by bus of Respondent 2 & 3 and filed claim for Rs. 75,000.00 and Tribunal granted him only Rs. 10,835, the judgment proceeds) (2) Learned counsel for the appellant justified the enhancement of compensation on account of general damages on the ground that having regard to the shock, physical pain, loss of studies and adverse affect on future prospects and on the earning capacity of the appellant on account of amputation of the left a...
Tag this Judgment!Union Carbide India Ltd. Vs. New Delhi Municipal Committee
Court: Delhi
Reported in: 1974RLR643
P.S. Safeer, J. (1) In petitioner's premises the respondent's Inspector noticed certain wooden partitions and he enquired whether the same were old or new and after verifying that the same had been put up without sanction, the respondent filed complaint against petitioner who was convicted. The conviction was maintained by Addl. Sessions Judge and petitioner filed revision in High Court. Para 4 onwards the judgment is : (2) The case in the complaint was that the Sub-Inspector, Enforcement, had noticed that several wooden-cum-glass partitions were being constructed. It was necessary for the courts below to look into the legal aspect as to whether the constructions which were being complained against were 'buildings' within the meaning of the Act and if so whether they were being brought into existence in violation of law. (3) Before the trial court proceeded to judgment it had recorded evidence of the parties. It became incumbent upon it to become conversant with the bye-laws which had ...
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