Delhi Court February 1978 Judgments
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Bharat Bhushan Vs. Ved Prakash
Court: Delhi
Decided on: Feb-10-1978
Reported in: AIR1978Delhi199
ORDER1. The election petition under S. 81 of the Representation of the People Act, 1951 calls in question the election of Shri Ved Prakash to the Metropolitan Council for Delhi from Constituency No. 33, Rohtas Nagar and is based on two broad facts. The first is the improper rejection of the nomination papers of Shri Devinder Kumar and the second is the illegal inclusion and exclusion of certain areas from constituency No. 33 after the publication of order No. 40 dated April 28, 1975 issued under S. 10(1) read with S. 2 of the Delimitation Act, 1972.2. The total number of seats in the Metropolitan Council for Delhi as provided in S. 3 of the Delhi Administration Act, 1966 to be filled by persons chosen by direct election from territorial constituencies is 56. By virtue of S. 9 of the said Act, the provisions contained in Parts Iii to Xi of the Representation of the People Act, 1951 (hereinafter referred to as the Act) and of any rules and orders made there under, for the time being in f...
C.L. Tandon Vs. Prem Pal Singh Etc.
Court: Delhi
Decided on: Feb-09-1978
Reported in: AIR1978Delhi221; 14(1978)DLT6; 1978RLR261
M.S. Joshi. J.(1) Plaintiff sued the defts. on 3.6.75 at 10 a.m. for declaration & injunction. Some of the defts. filed somewhat similar suit at Patna on same day at 7 a.m. as during summer, Courts there started earlier. Plaintiff at Delhi amended the plaint on 4.8. 75. Deft 4 etc. filed applications u/s 10, Cpc, for stay of suit. The order after giving above parts is para 4 onwards :(2) The applications were opposed by the plaintiff who urged, inter alia, that the applications did not lie because the applicants had not yet filed their written-statements, the suit pending at Patna was not a previously instituted suit; the parties in the two suits were not the same; the court at Patna did not have the jurisdiction to grant the relief asked for here; the principal relief sought through the Delhi suit was not covered by suit at Patna, none of the contesting defendants reside at Patna and the mere fact that the defendants supporting the plaintiff are residents of Patna was not sufficient t...
Modi Rubber Ltd. Vs. the Board of Central Excercise and Customs
Court: Delhi
Decided on: Feb-08-1978
Reported in: 1978(2)ELT127(Del); ILR1978Delhi352
V.S. Deshpande, J.(1) It is the nature of excise duty and its incidence, direct as well as indirect, which is th-c subject matter of this writ petition.(2) The petitioner manufactures tyres and tubes, which arc excisable articles under i am 16 of the First Schedule to the Central Excises and Salt Act, 1944 (hereinafter referred to as 'the Act'). The excise duty is livable on the process of manufacture under section 3 of the Act. Where the duty is chargeable on excisable goods with reference to value, such value is calculated as the normal price in whole-sale trade in accordance with section 4. Under Rule 8(1) of the Central Excise Rules, 1944, the Central Government may exemp. (subject to such conditions as may be specified in the notification) any excisable goods from the whole or any part of the duty livable on them. Notification No. G.S.R. 409(E), dated 16th June, 1976, was issued under Rule 8(1) to given 25 per cent exemption from payment of excise duty on the articles listed in th...
Rattan Devi Vs. Bal Krishan
Court: Delhi
Decided on: Feb-08-1978
Reported in: 14(1978)DLT183
V.D. Misra, J. (1) Rattan Devi, appllant, $(1.)$ obtained an order of eviction against one Bal Kishan Dass in respeet of shop No. 508, Chhota Bazar, Chhata Hinga Mal, Shahdara, Delhi. In execution of that order, Parmeshwari Dass. respondent was thrown out of the shop and vacant possession was given to Rattan Devi. Parmeshwari Dass filed an application before the Controller for restoration of the possession on the ground that he was the real tenant of Rattan Devi who had obtained a collusive decree by falsely showing Bal Kishan Dass as the tenant. This application was made under section 151, Civil Procedure Code, read with section 37 of Delhi Rent Control Act. However, the learned counsel for the applicant made a statement before the Controller that the application be treated as one under Order 21 Rule 100, Civil Procedure Code. The Controller found in favor of Parmeshwari Dass and ordered the restoration of possession. Rattan Devi went in appeal to the Tribunal which dismissed the appe...
U.B.S. Teotil and ors. Vs. Union of Inida and ors.
Court: Delhi
Decided on: Feb-06-1978
Reported in: ILR1978Delhi225B; 1978LabIC1225
H.L. Anand, J. (1) Whether the petitioners, who were absorbed in the Central Reserve Police Force, for short, the Force, on release from the Army as Emergency Commissioned Officers, are entitled to the benefit of their service in the Army for the purpose of fixation of their seniority in the Force and certain consequential benefits in the matter of promotion, either by virtue of any of the rules that may be applicable in that behalf or on the basis of the Principle of promissory estopple, is the principal question that is posed for our consideration by this petition under Article 226 of the Constitution of India. (2) The relevant facts and circumstances leading to the petition are by and large beyond controversy and may be briefly stated to provide the necessary backdrop. The Central Reserve Police Force Act, 1949, for short, the Act, empowered the Central Government to constitute and regulate an armed Central Reserve Police Force by virtue of Entry I of List I of Schedule Vii to the G...
Ramji Lal and ors. Vs. Ram Pershad and anr.
Court: Delhi
Decided on: Feb-03-1978
Reported in: AIR1979Delhi129; 1979RLR392
1. This appeal is concerned with some questions which have arisen during execution proceedings relating to a decree for specific performance of an agreement to sell agricultural land situated in village Saboh, Shahdara, Delhi. The contract was between Ram Pershad, decree-holder (now respondent No. 1) and Bhu. Dev Sharma, (respondent No. 2 in this appeal). The other parties to the suit were subsequent transferees who were alleged to be bound by that agreement; these parties are the present appellants. The suit was tried by Shri B. K. Agnihotri, Subordinate judge, 1st Class, Delhi who decreed the suit on 17th Aug., 1961. The decree as passed directed the specific performance of the agreement in favor of the plaintiff and also ordered the cancellation of the sale in favor of the other defendants (subsequent transferees who are the present appellants).2. Two separate appeals were filed in the Circuit Bench of the Punjab High Court being B. Y. A. No. 142-D/61 and R. F. A. No. 146-D/61. Thes...
Bharat Carpets Ltd. Vs. Union of India (Uoi)
Court: Delhi
Decided on: Feb-02-1978
Reported in: 1978(2)ELT111(Del)
F.S. Gill, J.1. Plaintiff Company has brought this suit against the Defendant for the recovery of Rs. 7,31,153.08. It is alleged in the Plaint that the Plaintiff carries on business of manufacturing and dealing in machine-made woollen tufted carpets. It is further alleged that the said carpets are not excisable goods within the meaning of woollen fabrics described in item 21 of the First Schedule to the Central Excises and Salt Act, 1944, as such articles are not specified therein.2. A The Plaintiff has further stated that their factory, set up at Faridabad, had started its production some time in 1967, that the Central Excise authorities wrongfully and illegally contended that the carpets manufactured by them were excisable goods within the meaning of the Act and, thereforee they insisted for the payment of Central Excise duty livable on the said goods and that, as demanded by the authorities, the Plaintiff paid Rs. 7,31,153.08 in the form of Excise Duty for the period 22nd June 1968 ...
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