Delhi Court May 1978 Judgments
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Municipal Corporation of Delhi Vs. J.B. Bottling Company Pvt. Ltd.
Court: Delhi
Decided on: May-12-1978
Reported in: ILR1978Delhi428; 1978RLR94
Avadh Behari Rohatgi, J.(1) The Facts :This appeal has the rare distinction of going to the full bench twice for decision of difficult questions of law it raised. Now it has come before us for final disposal. (2) Twelve years ago, on September 10, 1966, at 10.30 a.m., a food inspector Chander Singh was on his daily round. He saw a van, of M/s. J. B. Bottling Company Private Limited (the company) delivering bottles of carbonated water to shopkeepers at Bara Hindu Rao Delhi. The food inspector went to the spot. He checked the stock of carbonated water. During checking he came across a bottle of 'J.B. Gold Crush Orange' having a dead fly in it. He then in the presence of Zonal Health Officer, two other food inspectors, a witness from the public and two officials of the company seized and sealed the bottle containing the dead fly. He prepared a seizure memo (PW 1A) which was signed by three witnesses. He took the bottle in his custody.(3) The Municipal Corporation launched a prosecution un...
income-tax Officer and ors. Vs. Narula Finance P. Ltd. (In Liquidation ...
Court: Delhi
Decided on: May-08-1978
Reported in: [1978]48CompCas720(Delhi); [1978]114ITR645(Delhi)
D.K. Kapur, J. 1. The subject-matter of this application has already been dealt with by me in a previous reported case, In Re National Conduits (P.) Ltd. : [1974]94ITR378(Delhi) . 2. The facts of the present case are that there is a company, M/s. Narula Finance (P.) Ltd. in liquidation ; the winding-up order was passed on 20th December, 1968 ; since then the winding-up proceedings have resulted in the recovery of some assets. According to the official liquidator, who is present, a list of creditors has been settled in 1977 and realisations have also been made as far as possible. By this application, the Income-tax Officer and others seek to get the leave of the court under Section 446 of the Companies Act, 1956, to recover the outstanding tax demands against the company, by taking such proceedings as may be available under the Income-tax Act, 1961. It is quite obvious that the application seeks to take certain coercive steps under the Income-tax Act, 1961, which leads to a supposition ...
State Vs. Ranjit Singh
Court: Delhi
Decided on: May-07-1978
Reported in: 14(1978)DLT185
V.D. Misra, J.1. This is an application under Section 439(2) of the code of Criminal procedure for cancellation of the bail of respondent Ranjit Singh. It is alleged that the respondent has been intimidating two prosecution witnesses. Three incidents are mentioned. First relates to 7 May, '78 when witness Kundan Lal was threatened which resulted in proceedings under Section 107/150 of the code of criminal procedure, Second is of 11 May, 1978 when witness Darshan Lal Lodged a report with the police and a case under Section 506, Indian Penal Code was registered against the respondent. Thirdly, a case under Section 307/34 Indian Penal code was registered against the respondent on August, 29, 1978 since he attempted to assault the said Kundan Lal and, in fact, stabbed his brother-in-law Shyam Sunder. In these circumstances the state alleges that the witnesses are being subjected the pressure, intimidation and, threats, with a view to deter them from deposing truthfully in court.2. The resp...
Khem Chand Vs. Hari Shingh
Court: Delhi
Decided on: May-05-1978
Reported in: AIR1979Delhi7
ORDER1. This is a Revision directed against the judgment and decree recorded in a suit for recovery of Rs.9,495/- which was decided under O.37 of the Civil P.C. Leave to defend was refused and a decree for Rs.7,000/- with costs was passed on 6th May, 1977. The present Revision is under S. 115 of the Civil P.C. There was some doubt regarding the maintenance of a Revision under S. 115 of the Code in a case like the present, because at one time some Courts had taken the view that a Revision could be brought to the High Court in a case where an appeal lay to some other Court and even a decree could, be set aside in this way. This doubt has now been set at rest by the amendment to the Civil P.C. effective from 1st Feb. 1977.2. In order to explain the doubt and its resolution, it may be useful to refer to the opening words of S. 115 of the Code which read: - 'The High Court may call for the record of any case which has been decided by any Court subordinate to such High Court and in which no ...
Arian Afghan Airlines Co. Ltd. Vs. Cycle Equipments (P) Ltd.
Court: Delhi
Decided on: May-05-1978
Reported in: 14(1978)DLT19; 1978RLR427
H.L. Anand, J. (1) This Second Appeal under section 39 of the Delhi Rent Control Act, 1958, for short the Act, by a tenant against an order of eviction, which comes up before us .on a reference by a learned Single Judge of this Court, raises some interesting questions of law and was filed in the following circumstances:(2) Arian Afghan Airlines Company Limited, for short the tenant, had taken on lease the premises in dispute on March 1, 1964, from its previous owners M/s Lila Ram and Sons on a monthly rent of Rs. 1800.00 by an unregistered agreement for a period of four years with an option of renewal. Before the petition for eviction, out of which the present appeal, arose, the landlord had sought the eviction of the tenant on the 'ground of non-payment. As no notice of termination of tenancy had been given prior, to the:said petition, the same was withdrawn with permission to file afresh one.The present petition-was subsequently filed in 1969 by the present owners, for short,the land...
S. Gurbakhsh Singh Vs. Delhi State Industrial Development Corporation ...
Court: Delhi
Decided on: May-05-1978
Reported in: ILR1978Delhi705
T.V.R. Tatachari, C.J.(1) This Writ Petition has been filed by Ourbakhsh Singh under Article 226 of the Constitution of India praying (1)for the issuance of an appropriate writ quashing the order, No. DSIDC/1-583/2203, dated 4th August, 1977, issued by the Delhi State Industrial Development Corporation (hereinafter referred to as the DSIDC) as being against the rules applicable to the petitioner. (2)for directing his continuation in office as Section Officer in the Dsidc without any interference and (3) for a writ of mandamus or other appropriate order or direction requiring the Dstdc not to strike off the petitioner's name from its roll.(2) The petitioner imp leaded as respondents to the writ petition A)The Delhi State Industrial Development Corporation (DSIDC), (2)The Delhi Administration. (3)the Union of India through the Accountant General, Central Revenues and (4)the Lieutenant Governor of Delhi.(3) A preliminary objection has been raised in the counter-affidavit filed on behalf ...
Sham Lal Vs. Interads Advertising (P) Ltd. and ors.
Court: Delhi
Decided on: May-04-1978
Reported in: AIR1978Delhi270
ORDER1. Shri Sham Lal, plaintiff, has alleged that he is trading as M/s. Anil & Co. since 10th May, 1965 and doing business as manufacturer of artist and paint brushes. Defendant No. 1 is stated to be a Private Limited Company, which has its export division under the name and style of Interads Export Division (defendant No.2).2. The plaintiff has further stated that the brushes, which he manufactures and markets, are affixed with the trade mark 'Anil', depicting a key portion of his trade style; that from the date he had started manufacturing, he has sold brushes valuing about Rs. 6,41,374.21 and that on account of the superiority of brushes and skill in sale promotion, the brushes affixed with the trade mark 'Anil' have achieved recognition and reputation with the trade and the general public. It is further added that the application of the plaintiff for the registration of the trade mark 'Anil' in respect of brushes is also pending with the Trade Marks Registry.3. It is further averr...
B.L. Sharma Vs. Omperkash Malhotra
Court: Delhi
Decided on: May-04-1978
Reported in: [1979]49CompCas402(Delhi); 14(1978)DLT18C; 1978RLR567
Dalip K. Kapur, J.(1) This is a petition u/s 482 of the Cr. PC. read with Article 227 of the Constitution of India, which is concerned with a criminal case filed by Shri O.P. Malhotra, respondent No. 1 u/s 454(5) of the Companies Act, 1956, in relation to M/s. Youngmen Benefit Chit Fund (P) Ltd., which is a company in the process of being wound up in a creditors voluntary winding up. The winding up commenced on 27th April, 1973, by means of a special resolution. The resolution passed by the share-holders appointed the said Shri 0. P. Malhotra as joint liquidator along with Shri B.L. Sharma, who is one of the petitioners in this case. The date of the share-holders resolution is 27th April, 1973 and it seems to have been passed by the creditors on the same date. According to the application, there were six directors on that date & Shri O.P. Malhotra, respondent No. 1 was removed by the creditors at a meeting held on 11th August, 1973. I may here mention that in separate proceedings, I ha...
Dina Nath Vs. B.L. Sharma and ors.
Court: Delhi
Decided on: May-04-1978
Reported in: [1979]49CompCas364(Delhi)
D.K. Kapur, J.1. M/s. Youngmen Benefit Chit Fund Company (P.) Ltd., which was incorporated in 1960 as a private limited company, went into voluntary winding up by resolution dated 27th April, 1973. Shri B. L. Sharma, respondent No. 1, and Shri O. P. Malhotra, respondent No. 4 were appointed as joint liquidators. On an application moved under s. 522 of the Companies Act, 1956, this company was ordered to be wounded up under the supervision of this court. The present proceeding before this court is a petition under s. 543 of the Companies Act, 1956, claiming that the respondents have misapplied the property of the company or committed misfeasance, breach of trust, etc., in the course of the voluntary winding up of the company. I may mention that, during the pendancy of this petition, both the joint liquidators have been removed because of the fact that they were at loggerheads and unable to function jointly and have been substituted by the official liquidator. The present petitioner clai...
Nanak Chand Sood Vs. Union of India, Etc.
Court: Delhi
Decided on: May-03-1978
Reported in: 14(1978)DLT18A
Avadh Behari Rohtagi, J. (1) In this appeal Balbir Singh, respondent No. 3, died sometime in October, 1974. The appellant was ignorant of his deat. When the appeal came for hearing on December 8,l977, it was brought to the notice of the appellants counsel that Balbir Singh Had, died as was apparent from the report of the postman dated August 2, 1977, on the notice sent by registered post to Balbir Singh for the healing of the. case. (2) The appellant made enquiries about the date of death of Balbir Singh and the names of his legal representatives. He could not get this information earlier than 22nd December, 1977, when he made two applications. One is under O. 22 rule 4, Code of Civil Procedure and the other is under section 5 of the Limitation Act. Subsequently on May 2, 1978, he moved a third application under Order 22 rule 9(2), Code of Civil Procedure for setting aside the abatement. (3) We think we ought to allow all the three applications. The appellant 'was unaware of Balbir Sin...
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