Delhi Court October 1978 Judgments
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Northern Railway Vendor's Industrial (Service) Society Ltd. Vs. Union ...
Court: Delhi
Decided on: Oct-13-1978
Reported in: 15(1979)DLT100
S.S. Chadha, J.(1) This writ petition under Articles 226 and 227 of the Constitution of India seeks issue of appropriate writ, order or direction U.O.I, and Railway Administration to take a decision in respect of the award of contracts to the petitioner society on the basis of its highest bid of Rs. l,35,000 and Rs. 1,15,000 respectively as license-fee for aterm of 3 years to sell the miscellaneous articles at the Delhi Main Railway Stationi Delhi in accordance with the law and appropriate writ or director prohibiting respondents 3 and 4 from selling the said articles at the said station for another period after the expiry of their existing term up to Dec. 1976. (2) The facts lie in a very narrow compass and arte not in dispute. Respondent No.2, the Divisional Superintendent Northern Railway? New Delhi nvited, sealed tenders up to 3 p.m. on 1st of Dec. 1976. which were to be 101 opened soon thereafter for two miscellaneous articles contracts of Delhi State for the sale of miscellaneous...
Municipal Corporation of Delhi and ors. Vs. M.M. Tuli and ors.
Court: Delhi
Decided on: Oct-13-1978
Reported in: AIR1979Delhi244; ILR1979Delhi11; 1979RLR337
T.V.R. Tatachari, C.J. (1) Letters Patent Appeals Nos. 72 and 73 of 1977 have been filed against the common judgment of H. L. Anand, J., dated 27th January, 1977, in Civil Writ Petitions Nos. 240 of 1976 and 73 of 1976 respectively.(2) Letters Patent Appeal No. 103 of 1977 has been filed against the judgment of Dalip K. Kapur, J., dated 23rd March, 1977, in Civil Writ Petition No. 183 of 1976.(3) By the said judgments, the three Writ Petitions were allowed, and hence the present three appeals. These three appeals have been heard together as they involve common points for determination.(4) The petitioners in Civil Writ Petition No. 240 of 1976 were : (1) M/s. Nitco Roadways Private Limited, (2) R. L. Bhalla, General Manager and shareholder of M/s. Nitco Roadways Private Limited. and the respondents were : (1)The Union of India through Secretary, Ministry of Home Affairs, (2) The Delhi Terminal Tax Agency/Commissioner, Delhi Municipal Corporation. (3) The Lt. Governor for the Union Terri...
P.S. Gill and ors. Vs. Union of India and ors.
Court: Delhi
Decided on: Oct-12-1978
Reported in: 16(1979)DLT266; ILR1979Delhi601; 1979RLR497
S. Ranganathan, J.(1) These six Letters Patent Appeals and Civil Writ can be disposed of by a common judgment, as they raise common issues arising out of a notification dated the 24th October, 1961 under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the 1894 Act') for the acquisition by the Government of about 16,000 acres of land situated in the village of Garhi Naraina which is situated within the limits of the Delhi Contonment (briefly referred to as 'Cantt.'). The public purpose specified in the notification was 'planned development of Delhi'. (2) A declaration under Section 6 of the 1894 Act was issued on 7th December, 1966 in pursuance of the earlier notification under Section 4. The six appellants filed writ petitions in this Court challenging the above two notifications on various grounds. These petitions having been dismissed by Prithviraj.J. by his judgment dated 18th December, 1975 (reported in 1976 1 Delhi 375, the writ petitioners have preferred ...
The Punjab National Bank Ltd. Vs. Panchsheela Industrial Co-operative ...
Court: Delhi
Decided on: Oct-10-1978
Reported in: ILR1979Delhi300
T.P.S. Chawla, J. (1) A single judge sitting on the original side has referred this suit for deicision by a larger bench as he thought it involved important and complicated questions of law. The order of reference was presumably made under rule 2, chapter 2, Original Side Rules, as that rule stands after the amendment in, 1973. Since the entire suit has been referred, and not merely some questions of law, it is necessary to record a finding on each issue. For comprehending the issues, it is enough if I briefly indicate what is in the pleadings. (2) The suit was instituted on 6th June 1967. A decree was claimed for Rs. 17,16,758.96 comprising the principal sum of a loan and interest accrued thereon. The plaintiff was the Punjab National Bank Limited, a company registered under the Indian Companies Act. By the Banking Companies (Acquisition and Transfer of Undertakings) Act 1969, this bank, along with many others, was nationalised. The undertaking of every such existing bank was transfer...
Bhullan Singh Vs. Union of India
Court: Delhi
Decided on: Oct-09-1978
Reported in: 15(1979)DLT239
Prakash Narain, J.(1) This appeal is directed against the judgment of an Additional District Judge, Delhi and the complaint is that the enchancement granted by him for compulsory acquisition of the appellants land is not adequate. The Additional District Judge has fixed the market value at Rs.l2,000.00 per bigha as against the claim of the appellant that the market value was not less than Rs. 25.00 per squard yard. (2) By a notification dated October 19} 1962 issued under Section 4 of the land acquisition Act. 1894, hereinafter referred to as the Act, 52 bighas 5 bids was of land in the revenue estate of Shadhora Khurd was proposed to be acquired for planned Development of Delhi.. The declaration under Section 6 of, the Act was made on December 21, 1962. The land so notified included the appellant's land in all measuring 24 bighsa 9 biswas. This was comprised in Khasra No. 23, measuring 7 bighas 15 bids was and Khasra No. 30, measuring 16 bighas 14 biswas. The land was entered in the r...
Vinod Kumar Malhotra Vs. Indian Airlines Corporation
Court: Delhi
Decided on: Oct-06-1978
Reported in: 15(1979)DLT32
S.S. Chadha, J. (1) This writ petition under Article 226 of the Constitution of India has arisen in the following circumstances . The Indian Airlines Corporation (hereinafter referred to as the Corporation) is a statutory Corporation establised under section 3 of the Air Corporation Act, 1953. The function of the Corporation is to provide safe, efficient, adequate, economical and properly co-ordinated air-transport services and its powers are exercised by the Corporation as to secure that air transport services are developed to the best advantage and that the services are provided at reasonable charges. For purposes of airlines operations the corporation has necessarily to employ amongst other categories of employers, pilots. The qualifications regarding licensing of Pilots are laid down in the Air-Craft Act, 1934 and the Air-Craft Rules, 1937. Save and except the qualifications statutorily laid down for such categories of employees it is open to Corporate on to adopt such recruitment ...
Madan Machine Tools, New Delhi Vs. Financial Commissioner of Sales Tax ...
Court: Delhi
Decided on: Oct-03-1978
Reported in: ILR1979Delhi56; [1979]43STC464(Delhi)
Leila Seth, J. (1) This petition under Article 226 of the Constitution of India is directed against the orders dated 17 January, 1972, 4 December, 1973, 25th June, 1974 and Ii October, 1974 of the Assessing Authority Assistant Commissioner of Sales Tax, New Delhi, Deputy Commissioner of Sales Tax, New Delhi and the Financial Commissioner, Delhi, respectively under the Central Sales Tax Act, 1956 read with tht Bengal Finance Sales Tax Act, 1941 as extended to the Union Territory of Delhi (Hereinafter referred to as the said Act). (2) The facts in brief are as follows : The petitioner-assessed is a partnership firm carrying on the business of manufacture and sale of tools and is registered under the said Act as well as the Central Sales Tax Act, 1956. In respect of the assessment year 1967-68, the petitioner filed its sales-tax returns as also revised returns both under the said Act and the Central Sales Tax Act, 1956. Assessment order both under the said Act and the Central Sales Tax Ac...
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