Delhi Court February 1975 Judgments
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New Delhi Municipal Committee Vs. Raghu Nath
Court: Delhi
Decided on: Feb-21-1975
Reported in: 1975CriLJ1759
Jagjit Singh, J.1. By his judgment dated March 2, 1972, Shri R. D. Aggarwal, Judicial Magistrate 1st Class, acquitted Raghunath, son of Fateh Singh, in a case under Section 16 read with Section 7 of the Prevention of Food Adulteration Act, 1954. Against the order of acquittal this appeal was filed on behalf of the New Delhi Municipal Committee, after obtaining special leave under provisions of Section 417(3) of the Code of Criminal Procedure, 1898.2. On January 23, 1971, Food Inspectors H. R. Dewan and R. C. Kapoor had, at 7.15 a.m., gone to Malcha Marg Shopping Centre, Chanakyapuri, New Delhi. They saw that Raghunath had milk for sale which was contained in four cans loaded on a cycle and that near shop No. 2/48 he was selling milk to a customer. Food Inspector Dewan disclosed his identity to Raghunath and informed him that he wanted to buy a quantity of milk for purposes of analysis. Further on his enquiry Dewan was said to have been told by Raghunath that he was selling cow milk and...
Pali Ram Vs. State
Court: Delhi
Decided on: Feb-18-1975
Reported in: 1975CriLJ1756; ILR1975Delhi352
Jagjit Singh, J.(1) This revision petition was referred to a larger Bench by a learned Single Judge of this Court. That is how it came to be heard by us.(2) The facts giving rise to the revision are not disputed. Har Narain and nine o (3) The challan case being exclusively triable by the Court of Sessions inquiry proceedings were started by the Additional Chief Judicial Magistrate, under chapter xviii, section 207A, of the Code of Criminal Procedure, 1898. The trial of the complaint was also commenced before the same Magistrate.(4) After most of the prosecution evidence had already been recorded in connection with the inquiry proceedings an application, dated December 11, 1970, was submitted on behalf of the prosecution. It was stated in the application that one of the documents tendered in evidence against the accused was Exhibit Public Witness . 21/F and that according to the prosecution it was in the handwriting of Pali Ram, but it could not be sent earlier to the Government Examine...
Ved Mitra Vs. Globe Motors Limited
Court: Delhi
Decided on: Feb-17-1975
Reported in: [1978]48CompCas64(Delhi); ILR1975Delhi123
S. Rangarajan, J.(1) Further to the Scheme, which had been approved by the creditors and sanctioned by this Court on 31-5-1969 in the matter of Globe Motors Limited, the question, what further steps should be taken and directions, if any, given under Section 392(2) of the Companies Act, 1956 (hereinafter called the Act), has now arisen for consideration. It will be necessary to read Section 392(1) and (2) of the Act : '392.(1) Where a High Court makes an order under section 391 sanctioning a compromise or an arrangement in respect of a company, it- (a) shall have power to supervise the carrying out of the compromise or arrangement ; and (B)may, at the time of making such order or at any time thereafter, give such directions in regard to any matter or make such modifications in the compromise or arrangement as it may consider necessary for the proper working of the compromise or arrangement. (2)If the Court aforesaid is satisfied that a compromise or arrangement sanctioned under sectio...
Chandra Kishore and ors. Vs. Nanak Chand and ors.
Court: Delhi
Decided on: Feb-14-1975
Reported in: AIR1975Delhi175
1. There are four applications for hearing before this Court, two of which are concerned with the marriage expenses of defendant No. 4 and two of which are concerned with the management of the alleged Joint Hindu Family Property, which is the subject-matter of the suit. This order will dispose of the applications, which are concerned with the marriage expenses of defendant No. 4, and the other two applications will be heard on some subsequent date, I, thereforee, proceed to decide I. A. Nos. 1207 and 2831 of 1974. The former application was moved by the Plaintiffs and prayed for an order directing defendant No. 1 to set aside a sum of Rs. 75,000/- or such other amount as the Court may direct to meet the marriage expenses of defendant No. 4. I. A. No. 2831/74 has been moved by defendant No. 4 to meet her marriage expenses. According to this application, the property of the Joint Hindu Family is worth more than Rs 5,00,000/and is earning a handsome income of not less than Rs. 5,000/- per...
Devi Dayal Vs. Zamani Begum
Court: Delhi
Decided on: Feb-14-1975
Reported in: AIR1975Delhi180
1. This second appeal has been filed by the tenant under Section 39 of the Delhi Rent Control Act 59 of 19,58 (hereinafter referred to as 'the Act'), against the appellant order of Mr.G. C. Jain, Rent Control Tribunal- dated 25th April, 1973, by which he has dismissed in, limned the. appeal of the tenant and affirmed the order of Mr. Mohd. Sharnim, Additional Controller, dated 2191 April, 1973, finally maintaining the order of eviction passed against the appellant on the ground of non-payment of rent.2. The material facts of the case are that the appellant is a tenant under the respondent in respect of a portion of house No. 8/356, Katra Sheikh Raza, Hauz Kazi, Delhi on a rent of Rs. 35 per month. The respondent landlady served a notice dated 27th October, 1969 on the appellant on 30th October, 1969 demanding arrears of rent for the period from lst April, 1969 and not getting response she instituted the petition giving rise to the present appeal on 11 the June, 1970 for eviction of the...
Surksh Chandra Chiman Lal Shah Vs. Union of India and ors.
Court: Delhi
Decided on: Feb-14-1975
Reported in: ILR1975Delhi32b
V.S. Deshpande, J.(1) Is India a secular State If so, in what sense These questions arc raised by this writ petition filed by a Hindu and the connected writ petitions Nos. 1225 of 1973. 235 of 1974 and 919 of 1974 filed by some Jains to challenge the legality of the programme of the celebration of the 2500th Anniversary of Bhagwan Mahavir's Nirvan (Salvation) extending over a period of one year from November 13, 1974 onwards by the Government of India.(2) The programme for the celebration drawn up by a National Advisory Committee consisting mainly of prominent members of the Jain Community and approved by the Government involving an expenditure of about rupees fifty lakhs by the Government includes the following:-Development of a national park named after Bhagwan Mahavir, Erection of stone pillars therein with inscriptions from his sayings, episodic treatment of his life by sculptors; Establishment of a museum of Jain art and paintings, a library of Jain literature; Setting up of a Nat...
P.S. Devgun Vs. P. Walia
Court: Delhi
Decided on: Feb-12-1975
Reported in: ILR1975Delhi393
B.C. Misra, J. (1) This second appeal has been filed under section 39 of the Delhi Rent Control Act, 59 of 1958, (hereinafter referred to as 'the Act'), by the landlord appellant against the appellate order of Mr. G. C. Jain, Rent Control Tribunal, dated 28th July, 1973, by which he had allowed the appeal and reversed the order of Mr. Jaspal Singh, Controller, da,ted 1st November, 1972, finally dismissing the eviction petition, which had been filed by the appellant against the tenant respondent.(2) The property in depute consists of first floor of house No. R-120. Greater Kailash, which had been let out to the respondent tenant on 22nd October, 1967 for a period of two years on a rent of Rs. 320 per month. The appellant landlord came to Delhi for study leave for the period from 15th January, 1969. On 14th July, 1970, which is about 18 months after his arrival in Delhi, the landlord served a notice on the respondent requiring him to vacate the premises on 31st August, 1970. Not getting ...
Delhi Simla Catholic Archdiocese Vs. State of Uttar Pradesh and ors.
Court: Delhi
Decided on: Feb-07-1975
Reported in: AIR1976Delhi251
ORDER1. The petitioner (Delhi Simla Catholic Archdiocese) is a society registered under the Societies Registration Act and owns lands situated in the revenue estates of villages Okhla, Bahapur and Jogabai, said to be within the limits of the Delhi Municipal Corporation. Some lands were acquired by the State of U. P. for the purpose of digging what was known as the Agra canal. The petitioner claims that land, measuring 20 bighas (field No. 31-A) in Kham village Jasola had been leased out by the State of U. P. for the Model Farms owned by the Petitioner society. Such a lease is said to have been granted as early as June, 1951, according to the allegations in the petition; it transpires that there were such leases for an earlier period also. The exact period for which the petitioner has been in possession of the lands is, however, not material for the present case. What is material is the grant said to have been made to the petitioner on 1-7-1962 under the Crown (now Government) Grants Ac...
Savitri Devi and anr. Vs. R.S. Bindra and ors.
Court: Delhi
Decided on: Feb-07-1975
Reported in: ILR1975Delhi654
H.L. Anand, J. (1) Smt. Gobind Kaur and Smt. Ravinder Kaur Bindra, respondents No. 3 and 4, who are wives of respondents No. 1 and 2, entered into an agreement with the Engineering and Industrial Corporation Private Limited, hereinafter called the 'Colonisers' for the purchase of a plot of land measuring 'about' 500 sq. yds. at the rate of Rs. 8.00 per sq. yds., being plot No. C-16 in Inderpuri Colony situated in the village of Naraina, in the Union territory of Delhi, which was being developed by the Colonisers, on the terms and conditions printed on the back of the receipts issued by the Colonisers in favor of the said respondents from time to time on the payment of the various Installments towards the price of t aforesaid plot. Ex. D 1 to Ex. D 7 are the various receipts for the payment of the total amount. The last payment was made on August 17, 1955 vide Ex. D 7. By the time the last payment was made, the number of the plot had been changed by the Colonisers to C-48, Vide Ex. D 25...
S.S. JaIn Sabha (of Rawalpindi), Delhi and ors. Vs. Union of India and ...
Court: Delhi
Decided on: Feb-05-1975
Reported in: ILR1976Delhi61
V.S. Deshpande, J.(1) What activities are implied in the right of minorities based on religion 'to establish and administer educational institutions of their choice' under Article 30(1) of the Constitution and to what extent can the state regulate them without abridging the right ?(2) Are 'educational institutions' included in the right of a religious denomination 'to establish and maintain institutions for religious and charitable purposes' under Article 26(a) If so, how does this right compare with the right of religious and linguistic minorities to establish and administer educational institutions of their choice under Article 30(1)?(3) Has a citizen got a right to administer an educational institution under Article 19 of the Constitution? 2. These three questions have been raised by the challenge of three sets of petitioners to the validity of the certain provisions of the Delhi School Education Act, 1973 and of the Rules and administrative instructions issued there under as being ...
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