Delhi Court March 1975 Judgments
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Lachhman Das and ors. Vs. Hakim Ram Krishan and ors.
Court: Delhi
Decided on: Mar-21-1975
Reported in: AIR1975Delhi159; ILR1975Delhi48
S.S. Chadha, J. (1) This Letters Patent Appeal on certificate, has arisen from the judgment dated November 6, 1970, of a learned single Judge of this Court in a Regular Second Appeal.(2) We can do no better than to state the facts which arc not disputed, as brought out in the judgment of the learned single Judge. The facts are that the plaintiffs filed a suit for specific performance of an alleged contract of sale of shop No. 2562 Gali No- 6, Beadonpura, Ajmal Khan Road, Karol Bagh, New Delhi. It was alleged that the plaintiffs are in possession of shop No. 2562 which is a part of the property known as No. 2562-73 (New No. Xvi 2593-2606). This whole property was accomposite property and was auctioned by the 1954, Tea. nercent of the sale price was deposited Toy the plaintiffs and the defendants who were the bidders. However, the sale was not contrimed and the property was open to public and the maximum bid of Rs. 60,250.00 was given. The auction was then to be continued only amongst th...
New Delhi Municipal Committee Vs. Raj Kumar Sharma
Court: Delhi
Decided on: Mar-21-1975
Reported in: 1975CriLJ1601; 1975RLR303
Jagjit Singh, J. (1) In the Chanakya Cinema building, New Delhi, there is a snack bar. On January 27, 1971 Food Inspector R. C. Kapoor of the New Delhi Municipal Committee took a sample of milk which was being used in the snack bar for preparing tea and coffee to be sold to customers. The milk was represented to be buffalo milk and on a part of the sample being analysed by the Public Analyst was found to be deficient to the extent of 2.4% in milk fat and 0.27% in milk solids not fat. The result of the analysis showed that the milk fat was only 3.6% and the percentage of milk solids not fat as 8.73. (2) The sample of milk was purchased by Food Inspector Kapoor from Raj Kumar Sharma who, at the time of the sale, was said to be in charge of the snack-bar. On Raj Kumar Sharma being prosecuted for an offence u/s 16 read with section 7 of the Prevention of Food Adulteration Act 1954 he was acquitted by Shri R. D. Aggarwal, Judicial Magistrate First Class, Delhi. The learned Magistrate took t...
Tirath Ram Ahuja (P.) Ltd. Vs. Commissioner of Income-tax
Court: Delhi
Decided on: Mar-21-1975
Reported in: [1976]103ITR15(Delhi)
T.V.R. Tatachari, C.J. 1. 'This is an application by the assessed, M/s. Tirath Ram Ahuja (Pvt.) Ltd., under Section 256(2) of the Income-tax Act, 1961, praying that the Income-tax Appellate Tribunal, Delhi Bench, may be directed to state the case and refer to this High Court the following questions :'1. On the facts and circumstances of the ease, was the sum of Rs. 11,11,100 received by the assessed in the nature of revenue income ? 2. If the answer to the above is against the assessed, was the Tribunal justified in holding that neither profit nor loss of the work was to be taken into account in the assessment of income ' 2. The assessed is a private limited company, and it carries on the business of engineers and contractors. It entered into a contract with the Government of Jammu & Kashmir on September 7, 1964, for the construction of a bridge across a river for an amount of Rs. 33,50,300 as per terms and conditions set out in a letter given by the Chief Engineer, dated June 8, 1964....
Vishwa Nath and anr. Vs. Chaman Lal Khanna and anr.
Court: Delhi
Decided on: Mar-19-1975
Reported in: AIR1975Delhi117
1. This is a tenant's appeal from the order of the rent control tribunal dated April 30, 1974.2. The facts are these. The appellant No. 1 Vishwa Nath carried on the business of advertising under the name and style of Interads International Advertising Agency. He was the sole proprietor of this business. On November 1, 1962 he took one room 9 X 20 feet on the back side in a building bearing No. 6/4 Asaf Ali Road. Delhi on a monthly rent of Rs, 100/-. This room is being used as an office. Chaman Lal Khanna, Advocate, and his three sons are the landlords of that building. They are respondents 1 to 4.3. Vishwa Nath thought of expending his business. In 1964 he formed a limited company. He called it Interads Advertising (P.) Limited ('the company'), from 1962 till the beginning of 1964 he paid rent in the name of Interads International Advertising Agency. After the formation of the company in 1964 the company started paying rent. Rent was being paid by pre-receipted cheques. At the reverse ...
Bonani Brothers (P) Ltd. Vs. Union Bank of India
Court: Delhi
Decided on: Mar-18-1975
Reported in: ILR1975Delhi196
S.N. Shankar (1) This appeal is directed against the order of the learned single Judge holding that the courts at Delhi had no jurisdiction to entertain the appllication filed by the appellant under section 33 of the Arbitration Act (hereafter called 'the Act').(2) The appellant is a limited company with its registered office at Calcutta. The Director General of Supplies and Disposals which is a central purchase organisation of the Government of India entered into a contract with the appellant through the Director of Supplies and Disposals, Bombay for the purchase of 780 cwts. of pig-lead. According to the application the appellant fully executed this contract in the year 1959 and also received payments for the goods supplied but the Director of Supplies and Disposals, Bombay 'unilaterally altered a clause of the contract' in regard to payment of sales-tax and sent to the Company a demand for refund of the amount already paid to it and thus raised a dispute. By letter dated September 2...
inder Kumar JaIn Vs. Osra Bottling Co. (P) Ltd. and ors.
Court: Delhi
Decided on: Mar-17-1975
Reported in: [1977]47CompCas194(Delhi); ILR1975Delhi115b
T.P.S. Chawla, J.(1) On 5th November 1969, Inder Kumar Jam filed a petition in this court under Sections 397 and 398 of the Companies Act, 1956 alleging that the affairs of the company known as Osra Bottling Company Private Limited were being carried on in a manner oppressive to some of its members, including the petitioner, and seeking certain directions regarding its management. The company and certain persons associated with it, in one way or other, were made respondents. A reply to the petition was filed only on behalf of Ashok Sarwant, respondent No. 5. It is dated 16th February, 1970 and was filed in court on 24th July, 1970. Thereafter the case proceeded to trial and came on for final hearing before me on 24th January, 1975. Before arguments were re-com- menced on an adjourned date, 5th February, 1975, counsel for res- pondent No. 5 raised the preliminary objection that the petitioner did not fulfill any of the requirements of Section 399 of the Companies Act, and hence the peti...
Maltexmalsters Private Ltd. Vs. Allied Engineers
Court: Delhi
Decided on: Mar-17-1975
Reported in: AIR1975Delhi123; ILR1975Delhi57
S.N. Shankar, J. (1) This appeal under Section 39 of the Arbitration Act, 1940 (hereafter called 'the Act') is directed against the order of the learned single Judge of this Court dated March 11, 1974 directing that the arbitration agreement between the parties be filed and the dispute between them be decided by a sole arbitrator. respondent Allied Engineers, is a firm of Engineers. As per terms of the agreement dated January 20, 1969, they agreed to erect a building at Patiala for the appellant, M/s. Maltex Malsters Private Limited. The appellant is referred to in the. agreement as 'Employer' and the respondent as 'contractors'. According to clause 33 of the Articles of Agreement, the respondent-contractor was to be paid by the Employer from time to time by Installments under interim certificates to be issued by the Architect to be appointed in terms of the agreement for the works executed when in the opinion of the Architect work to the approximate value had been done in accordance w...
The State of Andhra Pradesh Vs. New Delhi Municipal Committee
Court: Delhi
Decided on: Mar-14-1975
Reported in: AIR1975Delhi223; ILR1975Delhi84
H.L. Anand, J.1. The principal question that those petitions under Article 226 of the Constitution of India by the States of Andhra Pradesh. Jammu and Kashmir and Punjab, in one of which the State of Orissa was allowed to intervene, raise is whether the immovable property belonging to a state situated in the Union Territory of Delhi is immune from house tax livable under the provisions of the Punjab Municipal Act, 1911, as applicable to Delhi (hereinafter to be referred to as 'the Act') by virtue of the exemption granted to the property of a State from Union Taxation by Article 289(l) of the Constitution of India.2. Certain subsidiary questions also arise in the several petitions as to the basis on which house tax should be levied, the method of computation of the annual value and the quantification of the house tax but in the view that I have taken of the constitutional question none of the other questions would survive and it is, thereforee, unnecessary to give the facts or the circu...
Registrar of Companies Vs. Hardit Singh Giani
Court: Delhi
Decided on: Mar-14-1975
Reported in: ILR1975Delhi1b; 1975RLR582
V.S. Deshpande, J.(1) After the respondent Shri Hardit Singh Giani was appointed as a liquidator of National Planners Limited, a company registered under the Companies Act, in voluntary winding up proceedings, the liquidation proceedings came under the supervision of the Court. The Registrar of Companies applied to the District Judge exercising jurisdiction under a notification issued under section 10 of the Companies Act for removal of the liquidator. The District Judge granted the prayer and removed the liquidator. An appeal was filed against the decision of the District Judge under section 483 of the Companies Act to this Court. Hardy, J. (as he then was) by the order under appeal set aside the order of the District Judge and reappointed Shri Giani as the liquidator and also Shri V. S. Joneja, Official liquidator, as the additional liquidator directing both of them to complete the winding up proceedings expeditiously. This appeal under clause 10 of the letters Patent has been filed ...
Municipal Corporation of Delhi Vs. J.B. Bottling Company Private Limit ...
Court: Delhi
Decided on: Mar-14-1975
Reported in: 1975CriLJ1148; ILR1975Delhi739
Yogeshwar Dayal, J. (1) MESSRS. J, B. Bottling Company Private Limited, New Delhi, was convicted on December 5, 1968, by a Judicial Magistrate for an offence under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954, and was fined Rs. 5000.00 . The appeal filed by the company against its conviction and sentence was, however, accepted by Shri J. D. Jain, Additional Sessions Judge, Delhi, on November 21, 1969.(2) The allegations against the company were that out of the carbonated-water bottles manufactured by it and which were in a truck for delivery to various customers, a Food Inspector found a bottle of 'Gold Crush Orange' which contained a dead fly in it.(3) The learned Additional Sessions Judge acquitted the company while relying on a Division Bench judgment of this Court in the case of M/s. Rammeshwar Chotte Lal and others v Union of India and other . The Municipal Corporation of Delhi came up in appeal after obtaining special leave of this Court against...
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