Delhi Court August 1975 Judgments
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Ganga Pershad and anr. Vs. Tribeni Devi and ors.
Court: Delhi
Decided on: Aug-14-1975
Reported in: 12(1976)DLT150
Avadh Behari, J.(1) This is an Appeal against the order of the Rent Control Tribunal dated January 31, 1973. (2) The facts are these. Ganga Prasad and Hardwari Lal are the landlords and owners of a house No. 2790 situated in Gali Rajputana, Subzi Mandi, Delhi. In one room there was a tentant. He was Sukh Ram. He is now dead. (3) In 1970 the landlords brought a petition for eviction against Sukh Ram's widow, his major son and two minor sons. Ejectment was claimed on a number of grounds. It is not necessary to refer to those grounds. (4) The Additional Rent Controller ordered eviction of the tenant on the ground that the premises were required bona fide by the landlords for themselves and for the members of their families. This order was made on July 21, 1972. The Additional Controller gave them six months time to vacate the premises. (5) The widow and the sons appealed to the Rent Control Tribunal. The Tribunal allowed the appeal. It set aside the eviction order. Now there is an appeal ...
Mary Assumption Trinidade Etc. Vs. Vincent Manuel Trinidade and ors.
Court: Delhi
Decided on: Aug-14-1975
Reported in: ILR1976Delhi95
H.L. Anand, J.(1) This Judgment would dispose of two connected appeals, being F.A.OS. 58 and 59 of 1969, and C.Ms. 27 of 1971, 627 of 1971 and 608 of 1973 in the former and C.M. 644 or 1973 in the latter.(2) Late Alex Gajetan Trinidade, who died in Delhi of an heartattack on May 15, 1967 at the ripe age of 83, was admittedly survived by a widow, appellant No. 1 herein, two sons, appellant No. 2 and respondent No. 1 and their respective wives, appellant No. 3 and respondent No. 2 and a minor grandson, son of respondent No. 1 and 2. Respondent No. 1 is the younger of the two sons. The elder son has no issue. It is a common case of the parties that at the time of his death the testator, who was a retired Goods Supervisor of the Northern Railway, was the exclusive owner of a two and a half storeyed building situated at 2, Netaji Subhash Marg, Darya Ganj, Delhi-6, in a portion of which he resided and carried on in the ground floor dry cleaning business. A part of the building was in the occ...
Emmanual Simon Peters Vs. Alice Peters and anr.
Court: Delhi
Decided on: Aug-12-1975
Reported in: AIR1976Delhi148
1. By this application under Section 151 of the Code of Civil Procedure, the petitioner, an appellant in F. A. O. 117/71, Prays that the order made by this Court on November 12, 1975, dismissing the appeal on merits by a detailed judgment, though in the absence of the appellant and his counsel, be set aside on the ground that for reasons which are set up in the application, the appeal could not have been heard on the merits on the date on which it was heard and decided and because this Court had no power or jurisdiction to dismiss the appeal on merits in the absence of the appellant and his counsel and that such dismissal must, thereforee, be treated as if it was a dismissal in default under Rule 17 of Order Xli of the Code of Civil Procedure. 2. The appeal was listed for disposal on November 12, 1974 but it appears that prior to it, when it came up for hearing on November 7, 1974, learned counsel for the appellant had pointed out that the appellant had filed an application in the Regi...
Vinod Sagar and anr. Vs. the Union of India and ors.
Court: Delhi
Decided on: Aug-11-1975
Reported in: ILR1975Delhi613b
T.V.R. Tatachari, J. (1) These two Letters Patent Appeals (Nos. 172 and 247 of 1972) have been filed by Vinod Sagar and Shrimati Kanta Kumari respectively against the judgment of Dalip K. Kapur J., dated May 22, 1972, whereby the learned Judge dismissed Civil Writ Petition No. 760 of 1970, filed by Vinod Sagar. Shrimati Kanta Kumari who is the mother of the petitioner was respondent 5 in the Writ Petition. The other respondents in the Writ Petition were (1) the Union of India through the Secretary, Ministry of Housing, Works & Supply, Government of India; (2) The Estate Officer (Director of Estates) to the Government of India ; (3) Deputy Director of Estates to the Government of India; and (4) Shrimati Prem Kumari, respondent 4 is the widow of the petitioner's brother. The Civil Writ was filed for the issuance of a writ quashing an order of requisition of certain property belonging to the petitioner and respondents 4 and 5 and two orders calling upon them to carry out repairs to the sa...
R.S. Ramachandran Vs. Contempt Proceedings Initiated by the Court on I ...
Court: Delhi
Decided on: Aug-11-1975
Reported in: ILR1975Delhi868
S. Rangarajan, J.(1) The respondent (R. S. Ramachandran). Editor of a Weekly called 'Crusader', not only wrote a letter to the Registrar of this Court on 3rd June 1974 but also published the contents of that letter in two issues of his paper, namely, of the 3rd and 12th August, 1974. A notice to show cause why action should not be taken against the respondent under the Contempt of Courts Act, 1971 (hereinafter called 'the Act') in respect of the said letter, dated 3rd June 1974, had been directed to issue by a Division Bench of this Court on 24-7-1974. Rule was not issued in the first instance since the Division Bench could not then make certain whether the impugned letter had in fact been written by the respondent. When he did not deny the letter but admitted it he was heard by the Division Bench which by its order dated 16-5-1975 drew Ins attention to certain specific portions of the letter which prima facieconstituted contempt and thus took cognizance, suo moth, of the alleged crimi...
Union of India Vs. Bhagwan Dass
Court: Delhi
Decided on: Aug-07-1975
Reported in: AIR1976Delhi96
ORDER1. This revision petition has been filed under Section 25 of the Provincial Small Cause Courts Act, by the Union of India, defendant, against the order of Mr. H. K. S. Malik, Additional Judge, Small Cause Court, dated 2nd December, 1970, by which the learned Judge has pronounced the judgment against the defendant petitioner on its failure to file the written statement within the time allowed by the court and the suit has been decreed for a sum of Rs. 325/- with costs. 2. Mr. Y. K. Sabharwal, counsel for the petitioner, has in this revision assailed the legality and validity of the order and decree of the court below. The material facts of the case are that the plaintiff respondent instituted a suit for recovery of Rs. 325/- on the ground that the consignment had been booked by Railway to Delhi on 4th May, 1968 and there was short delivery resulting in the loss to the respondent for which the respondent held the Union of India, as owning the Railways concerned, to be liable. The su...
Punjab Exchange Vs. Rajdhani Grains Ltd.
Court: Delhi
Decided on: Aug-05-1975
Reported in: 1975RLR485
S. Rangarajan, J.(1) The petitioner (The Punjab Exchange Ltd.) is the plaintiff which filed a suit for certain reliefs including a relief for mandatory injunction being granted in the plaintiff's favor against the defendant, directing the defendant to stop using the premises shown red in the plan and to vacate and hand over and remove their use and occupation from the entire third floor of the building known as Kohinoor Building, Katra Baryan, Delhi except the front portion of the first and second floors It is not necessary to set out the other reliefs prayed for because the above relief alone is material for the purpose of determining proper court fees payable on the plaint, which alone is the subject matter of this Revision. (2) The plaintiff is a company registered under the Companies Act. It is alleged that the plaintiff company had taken the said building on lease from its owners and that it had been permitted, by the said landlords, to sublet any portion of the building and to gr...
Bachittar Singh Vs. Jit Singh and Prithipal Singh
Court: Delhi
Decided on: Aug-05-1975
Reported in: 1975RLR491
V.D. Misra, J.(1) This order will dispose of two applications, Criminal Miscellaneous (Main) Nos. 173 and 174 of 197?, for cancellation of bails since they arise out of the same case. (2) Elections to the Delhi Gurdwara Prabhandak Committee were held in March, 1975. Bachittar Singh, Gurbux Singh Sethi and Bawa Narain Singh were the Candidates for the Patel Nagar Constituency. The election result were declared on March 31, 1975. Bawa Narain Singh was declared elected. The workers of Bawa Narain Singh took out a victory procession Some of the processionists raised slogans threatening to kill Bachittar Singh. Bachittar Singh along with one Barkat Punjabi rushed to the police-station. However, his report was not recorded and be came back to his house. Shortly after his return at about 9.15 p.m. many persons including Inderjit Singh, Jit Singh and Prithipal Singh Thapar came to Bachittar singh's house. They started shouting and hurling soda-water bottles. Bachittar Singh's younger brother M...
Chander Bhan Vs. Narsingh Das
Court: Delhi
Decided on: Aug-05-1975
Reported in: 1975RLR504
H.L. Anand, J.(1) Respondent had sued for eviction U/S 14 (1) (h) etc. defense was that allotment was temporary and that is was a case of partial eviction as latrine in tenants occupation had been included. Landlord's case was that its user was not exclusive but comman. Tenant relied on some receipts in which 'latrine' was mentioned. In 2nd appeal, it was held that for terms of tenancy Statement in rent receipt is not enough and more cogent proof was necessary. Para 6 onwards judgment is (2) It was next contended that the allotment of a Government accommodation in favor of the appellant could not constitute a ground of eviction under Section H (l)(h) of the Act because the allotment was of a temporary nature intended to enable the appellant to have effective treatment of his son in the Safdarjang Hospital. Reliance for this contention was placed on Ex. Rl, which mentions that the accommodation in question had been sanctioned 'on ad hoc basis on the ground of sickness of your son'. Lear...
New Delhi Municipal Committee Vs. the State of Andhra Pradesh
Court: Delhi
Decided on: Aug-01-1975
Reported in: AIR1976Delhi1
H.L. Anand, J. 1. This judgment would dispose of S. C. A. Nos. 55/75, 56/75 and 57/75. 2. By these applications under Article 133(1) of the Constitution of India, the New Delhi Municipal Committee seeks leave to appeal to the Supreme Court against our judgment accepting the petitions of the States of Andhra Pradesh, Jammu and Kashmir and Punjab under Articles 226 and 227 of the Constitution of India challenging the validity of the imposition of house-tax by the Committee on the immovable properties belonging to the States within its territorial limits.3. The principal question that these petitions raised for our consideration was whether the immovable properties belonging to the States situated in New Delhi were immune from house-tax livable under the provisions of the Punjab Municipal Act, 1911, as applicable to Delhi, by virtue of the exemption granted to the Property of a State from 'Union taxation' by Article 289(1) of the Constitution of India. The subsidiary question that arose f...
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