Delhi Court September 1975 Judgments
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Jagat Ram Khullar and anr. Vs. Battu Mal
Court: Delhi
Decided on: Sep-09-1975
Reported in: AIR1976Delhi111; 12(1976)DLT127; 1975RLR523
H.L. Anand, J.(1) This second appeal by a tenant against the appellate order of the Rent Control Tribunal setting aside an order of the Addl Rent Controller dismissing the landlord's application for the ejectment of the tenant on the ground of want of notice raises an interesting question relating as to the presumption of fact and of law with regard to service of notice by post. (2) The facts leading to the present appeal, in so as they are relevant may be briefly stated. The landlord sought the eviction of the tenant on various grounds which was resisted, inter alia, on the ground that the petition for eviction was liable to be dismissed for want of notice of termination of the tenancy as required under section 106 of the Transfer of Property Act. The plea of want of notice was converted on behalf of the landlord and at the trial of petition, the landlord proved the postal cover duly addressed to the tenant but returned by the postal authories with the endorsement 'refused' and stated...
Durga Devi, Etc. Vs. Brijmohan Lal
Court: Delhi
Decided on: Sep-09-1975
Reported in: 1975RentLR566
B. C. MISRA, J.( 1 ) THE word 'tenant' has been defined in clause (1) of section 2 of the Act as "any person by whom or on whose account or behalf the rent of any premises is or but for a special contract would be, payable and includes a subtenant and also any person continuing in possession after the termination of his tenancy but shall not include any person against whom an order or decree for eviction has been made". The tenant as defined above is protected from eviction by section 14 of the Act. The contractual tenancy of a tenant is determined in any of the modes prescribed under section 111 of the Transfer of Property Act and one of them is a notice to quit in accordance with section 106 of the Transfer of Property Act. In the instant case. notice to quit had been served on the original tenant, Babu Ram, on 29th July, 1954 requiring him to quit the premises by 31st August, 1954. The contractual tenancy of Babu Ram had, therefore, come to an end. Thereafter he only enjoyed the pro...
Chandrika Prasad Vs. the State
Court: Delhi
Decided on: Sep-08-1975
Reported in: 1975RLR551
S. Rangarajan, J.(1) This is a reference made by the Addl, Sessions Judge (Shri N. L. Kakkar) to confirm the sentence of death imposed on the appellant (Chandrika Prasad) who was the first accused for committing the murder of Madhu Khanna. An appeal has also been preferred against the conviction and sentence. The second accused (Naginder Kumar Rastogi), who was charged with having abetted the said offence of murder, was acquitted ; there is no appeal against the said acquittal.(2) The case for the prosecution is that the appellant was a tenant under Smt. Shakuntala Devi (P.W.1) of one room in house No. 619/GI/B situate in Ram Nagar, Shahdara on a monthly rent of Rs. 35. Public Witness 1, her husband Manak Chand Khanna (P.W.14) and other members of their family including their daughter Madhu Khanna (deceased) lived in a portion of house No. 1401, which had been taken on rent. The family of the deceased consisted of her parents, brother Arun Kumar Khanna (P.W.9) and five other sisters in...
Hakim Singh Etc. Vs. Girwar Singh
Court: Delhi
Decided on: Sep-05-1975
Reported in: 1976CriLJ1915; 1975RLR507
V.D. Misra, J.(1) This is a petition under section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the new Code), and Article 227 of the Constitution challenging the order passed by an Additional Sessions Judge in revision. (2) The parties to the dispute are closely related. Hakim Singh petitioner is the uncle of the respondent whereas petitioners Nos. 2 and 3 are the sons of Hakim Singh. A dispute arose between the parties about the possession of shop No. 1980, Gali Paraunthewali, Delhi. The matter was reported to the police which recommended action under section 145 of the Code of Criminal Procedure. The Sub Divisional Magistrate passed a preliminary order on April 5, 1974 under sub-section (1) of section 145 of the new Code. During the pendency of the proceedings there was a violent clash between the parties on the night between 30th/ 31st May, 1974 in which six persons sustained injuries. The Sub-Divisional Magistrate, considering it a case of emergency, pas...
Official Liquidator of Gurco Pharma Pvt. Ltd. Vs. S. Nihal Singh and o ...
Court: Delhi
Decided on: Sep-03-1975
Reported in: [1977]47CompCas254(Delhi); 12(1976)DLT22
D.K. Kapur, J.(1) This is an application under Section 454 read with Section 468 of the Companies Act, 1956, moved by the Official Liquidator of M/s. Gurco Pharma (P) Ltd., in connection with the winding up of that company. It was stated in the application that respondents I to 7 had not submitted the statement of affairs required by Section 454 and hence an order of the Court was sought. I heard this application first on 11th September, 1973, when I passed an interim order. On that date, I noted that respondents 1, 6 and 7 were exparte but the remaining respondents were represented by Mr. A.N. Khanna. I took up the cases of all the persons mentioned in the application who were represented by Mr. Khanna. I noted that according to Shri K. Mahadevan, he had been removed from 26th September, 1972, before the Provisional Liquidator was appointed. As far as the other persons were concerned, I noted that they had difficulty in filing the statement of affairs because the books, etc. were not ...
Office Liquidator, R.S. Motors (P) Ltd. Vs. J.S. Sawhney and ors.
Court: Delhi
Decided on: Sep-02-1975
Reported in: [1977]47CompCas219(Delhi); 12(1976)DLT276
D.K. Kapur, J.(1) This application for setting aside ex. pane proceedings has been moved in relation to a company application pending in this Court moved by the Official Liquidator of M/s. R. S. Motors (P) Ltd. (in liqdn.). The application is under Section 543 of the Companies Act, 1956 and prays for certain reliefs concerning the actions of the ex-Directors of the Company (in Liqdn.), I have gone through the main company application and find that certain allegations against the ex-Directors of the Company, which I need not set out in any detail at this .stage, have been set out in the application; which has been styled as an application under Section 543 of the Companies Act, 1956. There is no doubt that it lias been moved not as a company petition but as a company application. Notice of this application was given to the respondents in the following words :- 'ISSUE summons in Form No. 121 to the respondents for 6th December, 1974'.(2) Thereafter, the first respondent was served and ap...
State Vs. Har NaraIn Etc.
Court: Delhi
Decided on: Sep-02-1975
Reported in: 1976CriLJ562; 1975RLR518
V.D. Misra, J.(1) Har Narain respondent No. 1, Karta of Hindu Undivided Family, was running business in the name and style of M/S. Chiranji Lal Ramjl Das, Delhi. This firm is assessed to income tax. On November )2, 1965 the said Hindu Undivided Family was converted into a registered partnership firm with Har Narain and his five Sobs being (he partners. This firm had various branches situated at different places. One of the branches was run under the name of M/s. less Om Parkash Gauri Shankar, Delhi. (2) During the course of assessment it was noticed that Har Narain had made false verification and had also falsified the records of M/s. Om Parkash Gauri Shankar with the assistance of other respondents. It was found that Har Narain along with other respondents with the intention to defraud the income-tax authorities had committed offences under section 193, Indian Penal Code, and section 52 of the Income Tax Act, 1922 between June 12, 1951 and February 15, i956. The matter was duly report...
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