Delhi Court March 1977 Judgments
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Sumitra Devi Vs. Swaran Singh
Court: Delhi
Decided on: Mar-11-1977
Reported in: 1977RLR467
H.L. Anand, J.(1) H.L. Anand, J.-On July 14, 1975 a conditional order for the evidence of the petitioner was passed by the Rent Controller, The petitioner failed to satisfy the condition and the order became absolute. At the stage of execution of the order petitioner filed an objection under section 19 of the Slum Areas (Improvement and Clearance) Act, 1956 (for short the Slum Act) read with Sections 47 and 151 of the Code of Civil Procedure on the allegations that the premises in dispute was situated in a slum area and the eviction order was, thereforee, a nullity in that in terms of Section 19(1)(a) of the Slum Act the proceedings for the eviction of the petitioner could not be filed, and were, thereforee, not maintainable, except with the previous permission in writing of the Competent Authority under that Act. The objection is pending. Meanwhile by an order of April 23, 1976 the Rent Controller turned down the plea of the petitioner for stay of dispossession pending investigation i...
S.P. Sood Vs. the Registrar of Companies, Delhi
Court: Delhi
Decided on: Mar-10-1977
Reported in: ILR1977Delhi474
D.K. Kapur, J. (1) This petition under Sections 518 and 466 of the Companies Act, 1956, raises an interesting question as to 'the power of the Court to bring a voluntary winding up to an end. The facts of the case are that there is a company, M/s. Dimples Private Limited which has a paid-up capital of Rs. 34,200 ;it was incorpora- ted on 8th February, 1957, but its business came to an end in 1962-63. On 15th April, 1967, the share-holders held an extraordinary general meeting and adopted a special resolution sending the company into a members voluntary winding up. The applicant, Shri S. P. Sood became the Voluntary Liquidator of the company. The Voluntary Liquidator realised all the amounts due to the company with the result that Rs. 34,032.28 are now with him as per statement of accounts made up to 14th April, 1976, annexure 'C' attached to the petition. There are only two share-holders of the company-Mrs. Leela Puri who has one share and Movies Private Limited which has 341 shares. T...
Chander Bhan Sharma Vs. Delhi Administration and ors.
Court: Delhi
Decided on: Mar-10-1977
Reported in: ILR1977Delhi188
H.L. Anand, J. (1) By this petition under Article 226 of the Constitution of India the petitioner claims superior seniority over respondents 2 to 57, challenges the promotion of some of the respondents and prays for certain consequential declarations in relation to revision of seniority and the promotions. (2) The facts and circumstances leading to the petition may be briefly stated. The petitioner joined the Directorate of Education as Trained Graduate Teacher on January 6, 1956. He was later confirmed in that grade. By order No. 968 of October 8, 1959-(Annexure 2) the Director of Education made a number of appointments and postings. This order is in two parts. By the first part of the order seven persons, including respondents 3 to 5, were appointed to the post of Post Graduate Teachers in the 'direct recruitment quota' in the scale of Rs. 200-400 in a 'temporary capacity' until further orders and were posted to different schools shown against their names. By the second part of the o...
Tara Chand Vs. Ganga Ram and ors.
Court: Delhi
Decided on: Mar-10-1977
Reported in: AIR1978Delhi58; ILR1977Delhi600
Avadh Behari Rohatgi, J.(1) This is a very old case in our courts. Its history dates back to 1928. For the last 40 years the mortgagees were trying to realise the sum secured to them under a mortgage transaction. Now the auction purchaser has appeared on the scene. He claims possession. At present the case is in its execution stage. But one does not know when it will end.(2) On February 6, 1928 Ganga Ram, defendant No. 1, mortgaged certain immovable property with possession in favor of the plaintiffs (1) Ram Chand (2) Bengali Mal (3) Sham Lal and (4) Chote Lal for a consideration of Rs. 80,000. The mortgagor executed a deed of lease in favor of the mortgagees, the rent being fixed Rs. 650 per month. On March 13, 1928 a further deed of mortgage for the sum of Rs. 25,000 was executed by the mortgagor in favor of the same mortgagees. There was a third deed of mortgage for Rs. 45,000 executed on July 19, 1928, the secured property being the same together with a house not included in the fi...
V.K. Aggarwal Vs. University of Delhi and ors.
Court: Delhi
Decided on: Mar-08-1977
Reported in: ILR1977Delhi355; 1978LabIC561; 1977RLR525
H. L. Anand, J. (1) This petition under Article 226 of the Constitution of India by a lecturer of Hindustani Music (Instrumental) in the Faculty of Music and Fine Arts of the University of Delhi challenges the selection of respondents 3 and 4 in the order of preference for the post of a Reader in the Hindustani Music (Instrumental) in the said Faculty for which the petitioner was also a candidate. (2) The facts and circumstances leading to the petition may be briefly stated. The petitioner has been a lecturer of Hindustani Music (Instrumental) in the said Faculty since 1960. In February 1971 the University invited applications, inter alia, for the post of a Reader in Hindustani Music (Instrumental) through an advertisement in the press specifying certain 'general' and 'desirable' qualifications. The petitioner, respondents 3 and 4 were candidates for the post. All of them were interviewed by the Selection Committee. The interview consisted of two parts viz. viva voce and practical. The...
Om Prakash Khaitan Vs. Shree Keshariya Investment Ltd and ors.
Court: Delhi
Decided on: Mar-01-1977
Reported in: [1978]48CompCas85(Delhi); 13(1977)DLT382
H.L. Anand, J. (1) 0M Prakash Khaitan, Solicitor, who was a Director of Shree Keshariya Investment Limited during the material period, seeks relief under Section 633 of the Companies Act, 1956 (for short 'the Act'), from liability arising out of a number of defaults and breaches committed by the Company in relation to its obligations under the Employees Provident Fund Act, Sales Tax Act, Employees State Insurance Act, Indian Textiles (Control) Order, Essential Commodities Act, and the Act, on the ground that since November 26, 1974 he ceased to be the Director of the Company ; that he was a Director of the Company by virtue of being its legal adviser and never took any active part in the management and the affairs of the Company; that he was on the Board of a number of Companies as such legal adviser but has not concerned himself with the day to day affairs of the Company or its management; and that he has always acted honestly and reasonably and has given proper advice to the manageme...
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