Delhi Court November 1979 Judgments
Home Cases Delhi 1979 Page 3 of about 42 results (0.023 seconds)Amarjit Kaur and ors. Vs. Kishan Chand
Court: Delhi
Reported in: 17(1980)DLT225; 1980RLR419
A.B. Rohatgi, J.(1) These are two appeals by the tenant from the order of the Rent Control Tribunal dated July 27,1978. (2) These are the facts. The respondent landlord brought a petition for eviction of his tenant Bhagwan Singh from premises No. 116 and 126. Banarsi Dass Building, Gandhi Nagar, Delhi. The ground of ejectment was that the tenant Bhagwan Singh had sublet premises bearing No. 126 to Budh Singh, party respondent No. 2 in the eviction petition, without the consent in writing of the landlord. This is the ground covered by clause (b) of the proviso to sub-s. (1) of S. 14 of the Delhi Rent Control Act, 1958 (the Act). (3) The Additional Rent Controller passed an order of eviction on the ground of subletting. On appeal his judgment was affirmed by the Rent Control Tribunal. From the decision of the Tribunal the tenant has brought an appeal (S.A.O. 313 of 1978). (4) The other appeal (SAO 312 of 1978) of the tenant is from a finding and not from an order. A question was raised f...
Tag this Judgment!H. Jahangir Bhatusha Vs. Union of India (Uoi) and anr.
Court: Delhi
Reported in: 1984(15)ELT106(Del)
V.S. Deshpande, C.J.1. Under Section 25 of the Customs Act, 1962 (the Act)-'(1) If the Central Government is satisfied that it is necessary in the public interest so to do, it may, by notification in the Official Gazette, exempt generally either absolutely or subject to such conditions (to be fulfillled before or after clearance) as may be specified in the notification goods of any specified description from the whole or any part of duty of customs livable thereon.(2) If the Central Government is satisfied that it is necessary in the public interest so to do, it may, by special order in each case, exempt from the payment of duty, under circumstances of an exceptional nature to be stated in such order, any goods on which duty is leviable.'In exercise of this power the Central Government passed the following order on 17th March, 1979 :'Subject : Import of vegetable oils by State Trading Corporation- Exemption from duty thereof.I am directed to say that in view of high international price...
Tag this Judgment!Shri Shankar Vijay Saw Mill Vs. Union of India
Court: Delhi
Reported in: 17(1980)DLT179
R. Sachar, J.(1) The matter relates to the type of injunctions which can be issued by this court in arbitration proceedings arising out of contracts entered into between the D. G. S. & D., Govt. of India and the Contractors. Doubt has been cast on s(2) The petitioner is a registered firm and carries on the business of manufacturing and selling timber. The Director General of Supplies and Disposal (D. G. S. & D.) functions as a purchase organisation for the Government of India and makes purchases for the various departments. In response to an invitation to tender by D. G. S. & D. for the supply of Bijasal logsst Class, the petitioner made an offer to supply 1016 cubic metres at a flat rate of Rs. 669.00 per cubic metre. The D. G. S. & D. issued an acceptance of tender No. TWI-6/107/61/721/26-10-65/PAOP dated 24.12.1973. The said acceptance of tender contained an arbitration clause. It appears that later on disputes arose between the petitioner and the D. G. S. & D. The case of the petit...
Tag this Judgment!Commissioner of Income-tax Vs. M.K. Smt. Pratap Kumari of Alwar
Court: Delhi
Reported in: [1981]132ITR270(Delhi)
Ranganathan, J. 1. These two references under Section 66 of the Indian I.T. Act, 1922, can be disposed of by a common judgment. They are cross-references at the instance of the Commissioner of Income-tax and the assessed, Smt. Pratap Kumari of Alwar, and arise out of the assessment order of the ITO for the assessment year 1959-60, for which the previous year ended on March 31, 1959. A few facts may be stated which are necessary for the disposal of these references.2. The assessed is the daughter of Shri Sewai Maharaj Dev Sir Tej Singhji of Alwar. She was married to Shri Digvijay Singhji of Wankaner on April 21, 1955. The marriage, however, did not turn out to be a happy one and on October 15, 1958, an agreement was arrived at between the assessed and her father on the one hand and her husband and father-in-law on the other. Under this agreement, the assessed received a cheque for Rs. 4 lakhs, Rs. 3 lakhs from her father-in-law and Rs. 1 lakh from her husband. This under the agreement w...
Tag this Judgment!Commissioner of Income-tax Vs. Edward Keventer (Successors) P. Ltd.
Court: Delhi
Reported in: [1980]123ITR200(Delhi)
1. This reference under Section 66(2) of the Indian I.T. Act; 1922, raises a difficult and interesting question regarding the powers of the Income-tax Appellate Tribunal in disposing of an appeal preferred to it under the I.T. Act. Two questions have been referred to us for our decision :' 1. Whether the Tribunal was justified in allowing the relief of Rs. 9,28,000 as against the enhancement of Rs. 6,36,309 made by the Appellate Assistant Commissioner of Income-tax in the case of the assessed and 2. On the facts and circumstances of the case, whether, the Tribunal was justified in coming to -the conclusion that the department was precluded from agitating the disallowance of Rs. 2,77,691 though it had not filed any appeal against the same as net result of the decision of the Appellate Assistant Commissioner of Income-tax even after allowing the above-said interest was enhancement of Rs. 6,36,309 ' 2. The reference arises out of the assessment of M/s. Edward Keventer (Successors) Pvt. L...
Tag this Judgment!Commissioner of Income-tax Vs. Shyam Sunder
Court: Delhi
Reported in: [1980]122ITR541(Delhi)
Khanna, J. 1. At the instance of the' Commissioner of Income-tax, New Delhi, the Income-tax Appellate Tribunal has referred under section 256(1) of the I.T. Act, 1961, the following question for the opinion of this court:' Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that the annual value should be reduced by one-half of the amount determined or Rs. 1,800, whichever is less, in the computation of the dwelling house income of the assessed '2. The assessment year involved is 1964-65.3. The assessed, namely, Shyam Sunder, who is assessed in the status of an individual, is a co-owner in property bearing No. 59/23, Rohtak Road, Karol Bagh, New Delhi. His share is 1/4th. The other co-owners are his two brothers and the wife of a third brother. The property has 12 rooms. Each co-owner is stated to be in occupation of three rooms. They pay house tax separately and have separate electric meters.4. There is no dispute so far as the a...
Tag this Judgment!Commissioner of Income-tax Vs. Ramlal Rajgharia and Sons
Court: Delhi
Reported in: [1980]123ITR1(Delhi)
Ranganathan, J.1. These two references at the instance of the CIT can be disposed of by a common judgment, as the facts as well as the question of law are identical.2. The two assesseds are partners in a firm known as M/s. Prayag Dass Kanhaiya Lal & Co. The firm carries on a business in the manufacture of a paper known as 'Delhi Pulp Industries' which, it is common ground, is an industrial undertaking within the meaning of Section 84 of the I.T. Act, 1961, as it stood at the relevant time. The firm had been granted relief under Section 84 in respect of the profits derived from the industrial undertaking.3. Each of the assesseds claimed in their individual assessments for the years 1962-63 and 1963-64 that their share of income derived from the firm was also eligible for exemption under Section 84 of the I.T. Act and this contention has been accepted by the Income-tax Appellate Tribunal. Thereupon, the following question of law in each of the cases has been referred to us for our decisi...
Tag this Judgment!Municipal Corporation of Delhi Vs. Tulsi Ram Verma
Court: Delhi
Reported in: ILR1979Delhi333
R.N. Aggarwal, J.(1) The facts relevant for the decision of this petition are these: On 17th September, 1976, Food Inspector Vinod Kalra lifted a sample of curd of cow's milk from the shop of the accused Tulsi Ram Verma at Nangalrai, Delhi. The Food Inspector divided the sample in three equal parts and poured them in 3 clean and dry bottles and after adding 16 drops of formalin sealed the bottles in accordance with the rules. The Food Inspector sent one part of the sample to the Public Analyst and the remaining two parts to the local health authority as required by sub-clause (c) to section 11 of the Prevention of Food Adulteration Act (hereinafter called 'the act'). The Public Analyst found the sample to be adulterated due to O.53 deficiency in milk fat percent. On receipt of the report from the Public Analyst the Municipal Prosecutor filed a complaint under section 7 read with section 16 of the Act against the accused. A copy of the report of the result of the analysis was also sent ...
Tag this Judgment!Chanda Vs. the State
Court: Delhi
Reported in: 17(1980)DLT242
G.R. Luthra, J.(1) The present appeal is directed against a judgment dated 30th May 1974 of Shri B.B. Gupta, Addl. Sessions Judge, New Delhi convicting each of the appellants in respect of commission of offence punishable under Section 325 read with Section 34 Indian Penal Code and sentencing each of them to undergo Rigorous imprisonment for four years and to pay afine of Rs. 200.00 in default of payment of which to undergo further rigorous imprisonment for three months. (2) Ghanda Singh appellant is father of Shambir appellant. They were living in huts near I.N.A. Colony, New Delhi. On 24th August 1973 at about 7-30 P.M., as the case of the prosecution is, Ghanda Singh appellant was abusing his wife as well as his son Shambir and then tried to beat his wife which was averted on account of intervention of Shambir appellant. Thereafter the said accused Ghanda kept on hurling filthy abuses. Smt. Deweshri Devi, wife of Kanwar Singh, now deceased, who then was living nearby with her husban...
Tag this Judgment!Mohinder Kaur Vs. S.S. Sabharwal
Court: Delhi
Reported in: 16(1979)DLT340
Yogeshwar Dayal, J.(1) This is an appeal by Smt. Mohinder Kaur against the judgment and decree dated 27th March,1979 passed by learned Addl. District Judge, Delhi, dissolving the marriage of the appellant and her husband S.S. Sabharwal (respondent) under the provisions contained in Section 13(1)(iii) of the Hindu Marriags Act, 1955, as amended (hereinafter referred to as 'the Act'). (2) The decree has been passed by the learned Additional District Judge on the ground that the appellant has been suffering from mental illness which includes schizophrenia and this disease is incurable. (3) The respondent-husband had filed petition for divorce on the ground of unsoundness of mind of the appellant-wife and also on the ground of desertion by her. (4) The husband had filed petition for divorce on the aforesaid grounds on the allegations that the parties were married on or about 17.9 1961. Out of this wedlok, two male children were born. The elder son died after sometime and younger one died w...
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