Delhi Court January 1976 Judgments
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Prem Parkash Kapoor and ors. Vs. Atma Ram Kirpa Ram
Court: Delhi
Decided on: Jan-30-1976
Reported in: AIR1976Delhi316; 1976RLR204
1. This is a defendant's Second Appeal filed under Section 100 of the Code of Civil Procedure, against the appellate judgment and decree of the Additional District Judge, Delhi, dated 14th January, 1975, by which he has dismissed the appeal with costs and affirmed the decree of the court of first instance dated 6th February, 1974, for recovery of possession of the premises in dispute2. The premises in dispute consist of a portion of the ground-floor in house No. 4766, Partap Street, 23, Darya Ganj, Delhi. This property was and still is owned by the respondent. Prem Sarup Kapoor, deceased, (father of the lst appellant) was a tenant in respect of the said premises. He died on 8th August 1969. The respondent has instituted the suit on 5th November 1969, on the allegations that a notice dated 24th May 1968, terminating the contractual tenancy had been served on the deceased tenant on 27th May 1968, and the tenancy stood determined with effect from 30th June 1968. Thereafter the deceased be...
Municipal Corporation of Delhi Vs. Sunder Lal and anr.
Court: Delhi
Decided on: Jan-30-1976
Reported in: 1976CriLJ1908; 12(1976)DLT93
S. Rangarajan (1) The Judgment in this Criminal Appeal will also dispose of Cr. Appeal 180 of 1971; it will, however, be sufficient to state the facts in Cr. Appeal 119/71. The respondent (Sunder Lal) in both the appeals is the same person and the facts are practically identical except that the samples in question were sent to the Director, Central Food Laboratory, Calcutta in this appeal, but not in Cr. Appeal 180 of 1971. Despite this difference it will be convenient to dispose of both the appeals by a common judgment.(2) The Food Inspector, Shri M. M. Kathpalia (P. W. 3) purchased Hing (asafoetide) which the respondent Sunder Lal had kept for sale on behalf of his firm M/s Nand Lal & Co. (2nd accused) at shop No. 600, Katra Ishwar Bhavan. Delhi (the same of Hing in Cr. Appeal Iso of 1971 was purchased by the same Food Inspector from shop No. 918, Gali Chah Sharin, Frash Khana, Delhi (belonging to the second accused). The sample lifted was 300 gms; the price paid was Rs. 3.00 , for w...
Ali Hasan and anr. Vs. Lt. Governor and ors.
Court: Delhi
Decided on: Jan-30-1976
Reported in: ILR1976Delhi485
Prithvi Raj, J. (1) The Delhi Administration issued notification dated 23rd April, 1968. under section 4 of the Land Acquistion Act, 1894, (herein called 'the Acquisition Act') seeking to acquire the land specified therein including the land bearing Rectangle No. 53. Field Nos. 19 and 20 each measuring 4 Bighas 16 bids was situate in the revenue estate of Khureji Khas of which the petitioners were nonoccupancy tenants, on the ground that the land was needed For a public purpose, viz., planned development of Delhi. This was followed by a declaration under section 6 of the Acquisition Act (Annexure 'D') couched in the following language 'WHEREASit appears to the Lt. Governor Delhi that land is required to be taken by Government at the public expence for a public purpose, namely, for the planned development of Delhi, etc. (2) The case of the petitioners is that the aforesaid declaration on the face or it lacks the requisite satisfaction of the appropriate Government and that the acquisiti...
Bhola Nath Vs. the State
Court: Delhi
Decided on: Jan-28-1976
Reported in: 1976CriLJ1409
S. Rangarajan, J.1. The judgment in this appeal, in which Bhola Nath is the appellant, will also dispose of Criminal Appeal No. 102 of 1974, in which Gopi Kishan is the appellant Both the appellants have been convicted under Section 302, I.P.C. read with Section 34, I.P.C. each of them has been sentenced to imprisonment for life by the learned Additional Sessions Judge (Shri M. K. Chawla) by his judgment dated 19-3-1974.2. The case of the prosecution is that, on- the morning of 13-5-1973 there was a quarrel at the public water tap between Bhola Nath (aged 20 years) and Mohd. Sayeed deceased (aged 25 years). Some persons including Abdul Hamid (P.W. 4) separated them. But Bihola Nath threatened to kill Mohd. Sayeed before he went away.3. At about 5 p. m. that very evening when, he was going to his house Abdul Hamid (P.W. 4) saw Gopi Kishan (appellant in Cr. A. 102/74) and Raj Kumar (accused who has been acquitted) catching hold of the deceased. Raj Kumar had a chain in his hand and Gopi ...
income-tax Officer, Central Circle Xiv, New Delhi, and Others Vs. Chir ...
Court: Delhi
Decided on: Jan-28-1976
Reported in: [1978]111ITR138(Delhi)
PRITAM SINGH SAFEER J. - This Letter Patent Appeal is directed against the judgment of H. R. Khanna J. (as he then was). dated the 24th of March, 1969 (Chiranji Lal Ramji Das v. ITO : [1978]111ITR138(Delhi) . by which Civil Writ No. 782 A/D of 1966 was disposed of.The writ had been filed by the respondents to this appeal impugning a notice dated 21st March, 1966, issued under section 148 of the Income-tax Act, 1961 (hereafter called 'the Act'), and the prayer was that the notice be quashed and the proceedings being conducted in the consequence thereof be discontinued.The respondents were a Hindu undivided family-firm carrying on business as commission agents with head office at Bhiwani and branches at Delhi, Hazaribagh, Narnaul, Bikaner and other places. The said status of the firm continued till the 13th of November, 1955, when a partial partition took place. In paragraph 7 of the writ petition it was asserted that the income of the various branches was assessed as described therein a...
Phipson and Company Ltd. Vs. Gayco Private Limited
Court: Delhi
Decided on: Jan-27-1976
Reported in: AIR1977Delhi88; 12(1976)DLT103; ILR1976Delhi551; 1976RLR327
Yogeshwar Dayal, J. (1) This matter has been placed before the Court on a reference by the Registry and as per the directions of Hon'ble The Chief Justice for a decision of the question whether the Court can exercise powers under Section 28 of the Court-Fees Act, 1870, after a consent judgment has been delivered, but the decree has yet to be prepared. (2) The suit out of which the reference arises was filed under the provisions of Order xxxvii of the Code of Civil Procedure for the recovery of Rs. 70,000.00 on the basis of five different cheques. The suit was, however, compromised and a consent decree for Rs. 28,503.33 was passed. This apparently means that the plaintiff gave up the rest of his claim in the suit, and the defendant agreed to have the decree passed for the sum mentioned above. The plaintiff had paid the court-fees on the sum of Rs. 70,000.00. After the passing of the judgment, the dealing Assistant, while preparing the decree, noticed that the court-fees paid on the plai...
National and Grindlays Bank Ltd. Vs. World Science News and ors.
Court: Delhi
Decided on: Jan-27-1976
Reported in: AIR1976Delhi263; 12(1976)DLT69; ILR1976Delhi559; 1976RLR356
Yogeshwar Dayal, J. (1) The present suit was filed on behalf of the National and Grindlays Bank Limited, a banking company incorporated in England, having its branch in Connaught Place, New Delhi, against the defendants for recovery of money on the basis of hypothecation of machinery etc., mortgage, guarantees and indemnity and for other reliefs. (2) The suit was filed through Mr. John Herbert Keeble, Manager, at that time of the Connaught Place Branch, who described himself as a duly constituted attorney and Principal Officer of the plaintiff-Bank competent to sign the plaint and to institute the suit and also being conversant with the facts of the case. The plaint was signed and verified by the said Manager as constituted attorney, and the suit was filed through Advocates in this Court. (3) Later on, the plaint was amended as the name of the plaintiff- Bank had been changed into Grindlays Bank instead of National and Grindlays Bank. (4) In the amended written statement filed on behal...
Onkar Swamp Vs. Thakur Bikram Singh
Court: Delhi
Decided on: Jan-26-1976
Reported in: 1977RLR277
B.C. Mishra, J. (1) Petitioner and deft. 2 were partners in a firm. Petitioner sold his share to deft. 1 for Rs. 25,000.00 and deft. 1 gave him cheque on 24-4-70 for part amount, of Rs. 15,000.00 which was to be presented on re-validation of licenses. The cheque when presented was dishonoured. On 22-2-73, deft. 1 sued petitioner for injunction that he should not encash the cheque and petitioner received its summons for 20-7-73 and filed w/s on that day and 5-11-73 was fixed for replication and issues. Petitioner filed his suit for Rs. 33,750.00 on 23-4-73 and 24-5-73 was fixed for service. Service did not take place as process fee was filed very late. For adjourned date 17-7-73, only deft. 2 was served and he was absent. For the next date 28-8-73, petitioner's counsel did not give process fee and suit against him was dismissed under O. 9, R. 3, CPC. For filing w/s of deft. 2. 12-9-73 was fixed upon costs of Rs. 100.00. Deft. 2 instead of filing W/s or paying costs filed a review applic...
Union of India (Uoi) Vs. National Overseas and Grindlays Bank Ltd.
Court: Delhi
Decided on: Jan-22-1976
Reported in: [1978]48CompCas277(Delhi)
S.S. Chadha, J. 1. The plaintiff has instituted the present suit for the recovery of Rs. 1,85,784.86 comprising of Rs. 1,27,373 as principal and Rs. 58,411.46 as interest by way of damages against the defendant bank in the following circumstances.2. A contract for the supply of ground-sheets was entered into on October 1, 1945, between the late Department of Supply of the Dominion of India and one Rati Lal Kameshwar Lal Bhatt of Bombay, who has been carrying on business under the name and style of M/s. R.K. Bhatt, by acceptance of tender No. SY/43488/SUP-I/R-2/1194. The quantity of the ground-sheets was reduced to 31,450 by letter dated April 21, 1947, the price whereof amounted to Rs. 2,34,892-3-0. The contractor M/s. R.K. Bhatt obtained payment of the full price payable in respect of 31,450 ground-sheets supplied by him under the said contract between April 28, 1947, and August 6, 1947.3. It is alleged in the plaint that one Mohinder Pal Singhal who was employed at the relevant time ...
Jaipal Singh Vs. Tanwar Finance (P) Ltd. and anr.
Court: Delhi
Decided on: Jan-21-1976
Reported in: [1978]48CompCas149(Delhi); 12(1976)DLT90; 1976RLR477
(1) This is a petition under section 446 of the Companies Act, 1956, moved by Jaipal Singh alleging himself to be. contributory of the company because he is a depositor. The application has been moved on 30th October, 1975, and seeks to challenge a resolution of M/s. Tanwar Finance (P) Ltd., passed on 16th November. 1968, by which the company was sent into liquidation. According I to the application, it is stated that the declaration of solvency was made after the meeting and is, thereforee, ineffective. The applicant wants the liquidation to be set aside although it has been proceeding under the supervision of the Court since 15th April, 1969, as per orders passed in C.P. No. 1/1969. Without going into the merits of the case and the reply filed by the Voluntary Liquidator, the question arises whether this petition is maintainable under section 446 of the Companies Act, 1956.(2) I find from the orders passed on record that this application has not been admitted, but the respondent was ...
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