Delhi Court August 1978 Judgments
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The Central Board of Industries and Commerce and ors. Vs. Sham Lal Gup ...
Court: Delhi
Decided on: Aug-21-1978
Reported in: 14(1978)DLT254
(1) This case raises a point of banking law and practice. The point raised is a short one but it arises in a tortuous litigation.(2) Sham Lal Gupta is the landlord of building No. 16-B]IV situated at Asaf Ali Road, New Delhi. He let the ground floor of the building to one T. N. Mathur who was carrying on business under the names and style of the Central Board of Industries & Commerce at a monthly rent of Rs. 800.00 per month. The tenant did not pay rent. The landlord filed an eviction case against him. Arrears of rent were due from the tenant from 1st December, 1965.(3) On 17th December, 1969, the Additional Rent Controller passed an order under s. 15(1) of the Delhi Rent Control Act 1958 (the Act). Against the order the tenant appealed to the Rent Control Tribunal. The tribunal dismissed the appeal on 5th August, 1970. The tenant appealed to the High Court. His appeal was admitted. The tenant asked for stay of the operation of the order of the Additional Controller. On 2nd September, ...
Commissioner of Income-tax Vs. Kesri Chand
Court: Delhi
Decided on: Aug-21-1978
Reported in: [1979]118ITR692(Delhi)
Kapur, J. 1. This is an appeal under Section 269H of the I.T. Act, 1961, directed against the order of the Income-tax Appellate Tribunal, Delhi Bench (B), dated July 26, 1975, in I.T.A. No. 427 (Acq.)/DEL/1973-74. The provisions of the Act allow under Section 269C for the acquisition of immovable property which has been transferred at an under-valuation below the 'fair market value' of the property. The property involved in this case was plot No. F-24/A situated in Hauz Enclave, New Delhi, measuring 493.7/10 sq. yards which was transferred by Mrs. Malti Bhandari in favor of Shri Kesri Chand for a consideration of Rs. 49,000 by a sale deed dated December 6, 1972, The competent authority under the Act being Shri C.V. Gupta, IAC of Income-tax, passed an order on February 4, 1974, holding that the fair market price of the property was Rs. 88,886 and, thereforee, the fair market price exceeded the apparent consideration by at least 25%. Accordingly, he passed an order under Section 269F giv...
Lal Chand Vs. Jagdish Chander and ors.
Court: Delhi
Decided on: Aug-18-1978
Reported in: AIR1979Delhi61
ORDER1. This suit has been instituted in this Court and in the written statement an objection was taken that this Court has no jurisdiction. On this plea and on the other objection that the suit is barred by time, I framed the following issues as preliminary issues and directed them to be heard before other Issues were framed. The issues were:1. Has this Court jurisdiction to entertain this suit in view of the pleading in the plaint? 2. Whether the suit is barred by time, assuming the plaint to be correct? 2. In view of the fact that the first issue is so clearly obvious. I do not propose to deal with the second issue at all. For the purpose of deciding the first issue, it is only necessary to refer to paragraph 9 of the plaint which reads:'9. That the value of the suit for purposes of court-fee is tentatively fixed at Rs. 200/- and a court-fee of Rs. 20/- is paid for the present and the value for the jurisdiction is the same. However, huge amount is due to the plaintiff from the defen...
Raman Deo Singh Vs. Jawahar Lal Bhasin
Court: Delhi
Decided on: Aug-18-1978
Reported in: 14(1978)DLT81
Leila Seth, J. (1) This second appeal is directed against the order of the Rent Control Tribunal dated 1st December, 1972 by which the interim rent for the premises had been fixed at the rate of Rs. 350.00 per month w.e.f. 1st March, 1971 i.e. the date of the application under Section 9 of the Delhi Rent Control Act, 1958, (hereinafter referred to as the said Act.) (2) The respondent Jawahar Lal Bhasin, made an application for fixation of standard rent under Section 9 of the said Act. The Additional Rent Controller, Delhi was required under Section 10 of the said Act to fix as expeditiously as possible the interim rent pending final decision of the said application. The respondent urged in the said application that the demised portion consisted of three bed rooms with attached bath rooms, one drawing cum-dinning room, kitchen, verandah and court yard etc. bearing No. A/88, defense Colony, New Delhi and the agreed rent of Rs. 600.00 was excessive and the standard rent thereof should not...
Ramdhar Vs. Union of India
Court: Delhi
Decided on: Aug-17-1978
Reported in: ILR1979Delhi545
T.P.S. Chawla, J.(1) The main judgment in this case will be delivered by Mr. Justice Avadh Behari. I agree with the conclusion that he has reached, and, in general with the reasons which he has given. But, on the question of relevancy of various types of evidence for proving the market value of acquired land, I am not entirely ad idem with him. thereforee, I must state my own understanding of the legal position. Mr. Justice Avadh Behari has reviewed the case law and no purpose will be served by going over the same ground. So, I will refer only to those few cases which I think call for comment, leaving it to be understood that as regards the others I agree or disagree with them according to whether they conform with my view or not. (2) For determining the amount of compensation to be awarded for land acquired under the Land Acquisition Act, 1894, the first thing that section 23(1) requires the court to take into consideration is 'the market value of the land at the date of the publicati...
Tek Chand Vs. State and Municipal Corporation of Delhi
Court: Delhi
Decided on: Aug-14-1978
Reported in: 15(1979)DLT61
R.N. Aggarwal, J.(1) On 9th October 1973, Food Inspector J. S. Chadha visited the Grocery shop of the accused at premises No. 150, Ram Nagar, Delhi. The accused was found selling Haldi powder. The haldi powder was in tin and it weighed about 4 kilograms. The Food Inspector disclosed his identity to the accused and purchased 450 grams of haldi powder for the purpose of analysis on payment of Rs. 2.45 p. as its price. One part of the sample was sent to the Public Analyst who found the sample to be adulterated due to the presence of 15% foreign matter of starches and artificial coal-tar-dye. On receipt of the report of the Public Analyst the Municipal Prosecutor filed a complaint under Section 7 read with Section 16 of the Prevention of Food Adulteration Act (hereinafter called the Act) against the accused. (2) During the trial of the case, on an application of the accused the counter-part of the sample in possession of the Food Inspector was sent to the Director of Central Food Laborator...
Ram Kishan Dass and anr. Vs. Jagan Nath
Court: Delhi
Decided on: Aug-14-1978
Reported in: 14(1978)DLT86
M.L. Jain, J. (1) The respondent was a tenant of the appellant who filed an application (No. 80 of 1967) on March J 9, 1967, against him for eviction under section 14 of the Delhi Rent Control Act, 1958, on the grounds of default in payment of rent and bona fide requirement. The learned Rent Controller made an order under section 15(1) of said Act on May 25, 1967, directing the tenant to pay the arrears of rent minus any payment, if any, made by him in any court. It appears that the said order was complied with but the application was not dismissed. The landlord rather withdrew it on April 1, 1968. The appellant then served the tenant with a notice on April 7, 1968, that he had withdrawn his application (No. 80/ 1967) on account of some legal lacuna with permission to file a fresh application on the same cause of action and that the tenancy was then being terminated with effect from May 9, 1968. On May 13, 1968, the appellant filed another application for eviction on the ground of pers...
Pearl Hosiery Mills, Ludhiana Vs. Union of India and anr.
Court: Delhi
Decided on: Aug-11-1978
Reported in: AIR1979Delhi64
ORDER1. This is an application for stay under S. 34 of the Arbitration Act moved, in respect of a suit filed by the plaintiff for the recovery of some amount (over Rs. 11/2 lacs) said to be due as a result of a contract for the supply of 4,000 jerseys. The plaint states that the goods were supplied and were passed by the Inspector and then payments were not made. The plaintiff also claims some interest under S. 61 of the Sale of Goods Act. The suit is, thereforee, a suit for the recovery of price of goods supplied. The application under S. 34 is to the effect that there is an arbitration clause and the matter has to go to the arbitrator.2. The subject-matter of this application, namely, that there is an arbitration clause and the matter should be referred to arbitration is the subject-matter of many reported cases. In spite of those cases which have fully clarified the whole legal position, there seems to be some misapprehension or misconception regarding the scope of S. 34 of the Arbi...
JaIn Shudh Vanaspati Ltd. Vs. Union of India and anr.
Court: Delhi
Decided on: Aug-11-1978
Reported in: AIR1979Delhi122; ILR1978Delhi722
H.L. Anand, J.(1) This petition under Article 226 of the Constitution of India, by a company, which carries on the business of the manufacture and sale of refined and hydrogenated oil, and its Managing Director, challenges the validity of certain restrictions on the importation of Palm Oil and the manufacture of referred Palm Oil. The petition was filed in the following circumstances :-(2) Jain Sudh Vanaspati Limited, a joint stock company, for short the Company, petitioner No. 1, carries on the business, inter alia. of the manufacture and sale of refined and hydrogenated oil. Petition No- 2 is its Managing Director and holds, along with the other members of his family, controlling interest in the company. The manufacture and sale of refined oil is regulated by the Vegetable Oil Product Producers (Regulations of Refined Oil Manufacture) Order, 1973, for short, the order of 1973, issued under Section 3 of the Essential Commodities Act, 1955, for short, the Act. Clause 3 of the Order of ...
Madan Lal Sindhwani and ors. Vs. Mohinder Lal Arora and ors.
Court: Delhi
Decided on: Aug-11-1978
Reported in: 14(1978)DLT190
S. Ranganathan, J.(1) This is an appeal from an order of the Sub Judge dated 13-2-1976 allowing an application under Order 47 read with Section 151 of the Code of Civil Procedure in the following circumstances.(2) Govind Ram Sindhwani had obtained a decree for Rs. 15,000.00 with costs and future interest against Sardar Hakim Singh. As early as 21st November, 1966 the decree-holder had also effected an attachment of a plot of land measuring 1866.6 sq. yards being plot No. 3, in block No. 6 of the Industrial Area on Najafgarh Road at Kirti Nagar, Delhi.(3) Govind Ram died on 8-2-1968 and the judgment debtor Hakim Singh also died on 15-2-1973. The legal representatives of the decree-holder are the appellants in the present appeal. They are aggrieved by the order of the Sub Judge who has upheld, in a review application, a plea taken to the effect that the property was not liable to attachment. This plea had been taken in execution proceedings not by the legal representatives of the judgmen...
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