Delhi Court September 1975 Judgments
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Shiv Lal Vs. Kartar Devi
Court: Delhi
Decided on: Sep-19-1975
Reported in: 1977RLR473
B.C. Misra, J.(1) APPELLANT'S father was a tenant who died on 25-7-67. On 15-1-70, landlord sent notice U/S 106, Tpa to all the L. R.s To appellant notice was sent to his address in a village in Karnal Distt. It was re-directed to him at the address of tenanted premises. It got refused. In court, tenant denied to have refused it and also challenged its legality. The Controller and Tribunal held against the tenant and he appealed to High Court. After giving above facts, judgment para 5 onwards is :- (2) Mr. Dhir, the learned counsel for the appellant has rightly not challenged the findings of fact but he has attacked the validity of the notice which had been given by the respondent to the legal heirs of the deceased tenant, The notice is Ex. Aw 7/6. It is addressed to Shiv Lal appellant before me and seven others. It recites that the original tenant was Shri Wadhawan Mal Narula., predecessor-in-interest of the addressee and an application for eviction had been instituted against him bef...
Bishan Singh Vs. Kala Wati and anr.
Court: Delhi
Decided on: Sep-18-1975
Reported in: AIR1976Delhi133
ORDER1. By this petition under Article 227 of the Constitution of India, the tenant challenges an order of the appellate authority under the Slum Areas (Improvement and Clearance) Act, 1956, hereinafter called 'the Act', by which it has reversed the order of the Competent Authority under the Act -refusing permission to the landlady to initiate eviction proceeding as against the tenant.2. The proceedings have had a somewhat chequered history. The dispute relates to a one-room tenement being No. 4298. situated in Basti Nand Ram. Gali Barna Khurd Sadar Bazar, Delhi. On June 14, 1966. the landlady applied to the Competent Authority under the Act for permission to evict the tenant, inter alia. on the ground that the tenant had been in possession of alternative accommodation. being premises No- 4284, Gall Barna, Sadar Bazar. Delhi, in the same locality. The application was resisted by the tenant on the ground that the tenant was a man of meager means and had not taken any alternative accommo...
Chander Nagar Co-operative House Building Society Ltd. and anr. Vs. As ...
Court: Delhi
Decided on: Sep-18-1975
Reported in: AIR1976Delhi299
ORDER1. This is a revision against the order of the subordinate judge dated 19-8-1974.2. The facts are these. The plaintiff claims to be a member of Chander Nagar Co-operative House Building Society Limited. He has paid them Rupees 12,000/- for allotment of a plot to him.3. The society has 126 plots in number. They have to be allotted to 126 members. The society issued a circular to some members of the society and they were informed that plots will be allotted to them by draw of lots on January 4, 1.974. Apparently the plaintiff did not receive any such notice from the society. thereforee he said that the society has no right to issue such a circular or to allot the plots by draw of lots. He came to know of the circular before the institution of the suit and protested that this manner of allotment of plots to some members at one time and to others later is illegal.4. The plaintiff thereforee brought a suit in January 1974 making these allegations against the society and its secretary. ...
Babu Lal JaIn Vs. State and anr.
Court: Delhi
Decided on: Sep-18-1975
Reported in: 12(1976)DLT144; 1976RLR413
V.D. Misra, J. (1) The petitioner had made an application for the sample bottles to be weighed in the presence of the court since the petitioner was challenging the quantity of article of food contained in those bottles. It may be noticed that the application was made by the petitioner when he was producing his defense evidence. The learned trial Magistrate came to the conclusion that, 'the best way to ascertain the allegations made in this application is to send the sample bottles of the Food Inspector to the Director, Central Food Laboratory, Calcutta, and wherefrom we can very well enquire as to what was the weight of the contents of the sample bottles relating to the two samples.' (2) I am constrained to observe that the learned trial Magistrate completely failed to understand about the right of the petitioner to weigh the bottles in question in the presence of the court in defense. He also failed to realise that the Director, Central Food Laboratory, Calcutta, is expert in Chemica...
S.S. Dhanoa Vs. the Municipal Corporation of Delhi and ors.
Court: Delhi
Decided on: Sep-17-1975
Reported in: 1976CriLJ878; 12(1976)DLT296
V.D. Misra, J. (1) Mr. S. S. Dhanoa, a Member of the Indian Administrative Service was appointed as General Manager of Cooperative Store Limited (Super Bazar). New Delhi (hereinafter referred to as 'Super Baar'). Notification No. 27-942/72-Estt-1, was issued by the Government of India. Ministry of Agriculture, on April 23, 1972 placing the services of Mr. Dhanoa at the disposal of Super Bazar with effect from the forenoon of April 7, 1972 when Mr. Dhanoa took over charge as its General Manager. The Managing Committee of the Super Bazar requested the Government of India to extend his term for a further period of one year with effect from April 7, 1973 which was duly extended.(2) The Super Bazar is a Cooperative Society registered under the Bombay Cooperative Societies Act, 1954 as extended to Delhi. The Central Government holds more than 95 per cent shares of the total share holdings of the Stores. The Super Bazar has branches at various places in Delhi. It sells various articles, inclu...
Ramesh Chandra and ors. Vs. the Union of India and ors.
Court: Delhi
Decided on: Sep-16-1975
Reported in: ILR1976Delhi633
V.S. Deshpande, J.(1) The preliminary ground on which the writ petition is opposed and which we have to consider at the threshold (on the facts and Law to be stated below) is whether the writ petition is liable to be dismissed on the sole ground of the laches and delay on the part of the petitioners in filing it.(2) On 1st November 1961 the Indian Economic Service Rules were promulgated by the President of India under the proviso to Article 309 of the Constitution. The Service has 4 Grades. According to Rule 8(a)(ii). 25 per cent of the vacancies in Grade Iv were to be filled by selection from among officcrs serving in offices under the Government in Economic posts recognised for this purpose by the Controlling Authority who was to prepare a list of such posts in consultation with the Union Public Service Commission. The selection was to be made from amongst those who had completed at least 4 years of service in these posts on the basis of merit with due regard to seniority. The petiti...
Bharti Nayyar Vs. Union of India and ors.
Court: Delhi
Decided on: Sep-15-1975
Reported in: ILR1977Delhi23; 1977RLR312
S. Rangarajan, J.(1) This petition under Article 226 of the Constitution is by the wife of Shri Kuldip Nayyar (hereafter referred to as the detenu) for quashing the order of detention dated 24-7-1975 passed against him by the third respondent (Shri P. Ghosh, Additional District Magistrate, Delhi) in exercise of the powers conferred upon him under clause (b) of sub-section (2) of section 3 of the Maintenance of Internal Security Act No. 26 of 1971 (hereafter referred to as the MISA) read with the Delhi Administration Notification No. F. 2/69/75-Home (P. II) dated 3-7-1975 detaming him under clause (a) (ii) of sub-section (1) of section 3 of the MISA. On the same date Shri Ghosh also passed an order of declaration, as required by section 16 (a) (3) of the Misa ; the same was inserted by section 5 of the Maintenance of Internal Security (Amendment) Ordinance, 1975 (replaced by an Act later) to the effect that the said detention was necessary for dealing effectively with the Emergency proc...
Addison Paints and Chemicals Ltd. Vs. Santram Parmanand
Court: Delhi
Decided on: Sep-12-1975
Reported in: AIR1976Delhi137; 1976RLR174
S.S. Chadha, J.(1) In a civil suit before High Court parties entered into a compromise on 19-8-71 and a decree was passed on 22-8-71. Decretal sum was agreed to be paid in Installments. After some payment there was default and D.H. applied for execution. J.D.'s raised objections and claimed that the decree was passed by fraud. Issues were framed and the case was set down for recording of evidence. D.H. then made an application that decree cannot be questioned in execution proceedings and also that evidence was not necessary. After narrating above facts, judgment para 4 onwards is : (4) Mr. R.L. Aggarwal, had contended that the objections under section 47 of the Code of Civil Procedure can only relate to the execution, discharge or satisfaction of the decree ; in other words the question as to the correctness or validity of the decree cannot be gone into in execution proceedings. According to him, the question as to the validity of the decree is not one in execution, or about the discha...
Surajbhan Kailash Chand and anr. Vs. Hari Shanker Vashsist and anr.
Court: Delhi
Decided on: Sep-12-1975
Reported in: AIR1976Delhi70
ORDER1. This Revision petition, which is directed against the way in which an issue was framed throwing the burden upon the petitioners/defendants raises certain interesting questions involving the aspects which trial courts have to bear in mind when framing issues. The distinction between the legal burden and the evidentiary burden is important, while the former does not shift the latter 'a continuous process of shifting of onus of proof' does. The expressions 'burden of proof' and 'onus of proof' (how the legal burden and evidentiary burden are more accurately described) are employed to separately denote them, so that much of the confusion that often results by using them interchangeable can be avoided.2. The facts out of which this petition arises may be briefly noticed. The first responded/plaintiff filed the present suit, out of which this revision arises, for a mandatory injunction against the petitioners/defendants requiring them to quit the Chabutra (a raised platform) situate ...
O.P. Gupta Vs. Sfflv General Finance (P) Ltd. and ors.
Court: Delhi
Decided on: Sep-09-1975
Reported in: [1977]47CompCas279(Delhi); 12(1976)DLT49; 1976RLR80
D.K. Kapur, J.(1) This is an application under section 34 of the Arbitration Act, 1940, moved for staying a petition under Sections 397 and 398 of the Companies Act, 1956, which is pending in this Court. It is stated in this application that Om of the articles of the .company, M/s. Shiv General Finance (P) Ltd. is to the effect that any difference or dispute between the company on the one hand and its members on the other, will be referred to arbitration. It is stated in this application that the subject matter of the petition is an essentially internal dispute between the members of the private limited company and thereforee in the interest of justice such a matter should be referred to arbitration. (2) I had already dealt with a similar application in another petition under sections 397 and 398 in C. A. 628 of 1972 C. P. 73 of 1972, Shri Surendra Kumar Dhawan and another v. Shri R. Vir and others , decided by me on 6th May' 1974. In that case the respondent had also moved for a stay ...
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