Delhi Court February 1979 Judgments
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Peter James Vs. Dewan Chand
Court: Delhi
Decided on: Feb-09-1979
Reported in: 1979RLR192
H.L. Anand, J.(1) This Second Appeal by a tenant against the appellate order of the Rent Control Tribunal, affirming that of the Controller, allowing the eviction of the petitioner on the ground of the bona fide personal need of the landlord for a residence, must fail on the short ground that there is no justification to vary the concurrent findings of fact on the various questions in controversy between the parties. (2) Eviction of the tenant was sought on the twin ground of non-payment of rent and bona fide personal need of the landlord for a residence. The first ground does not survive. Tenant resisted eviction on the ground that there was no relationship of landlord and tenant in thatthe premises had been taken by thetenant on rent from one Som Raj Sahni, an admitted co-owner of the property, and that, in anyevent, the landlord did not bona fide require the premises for a residence. The Controller dispelled both the contentions and held that on the sale of half share of the propert...
Pelikan Paper and Stationery Mart Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Delhi
Decided on: Feb-08-1979
Reported in: (1984)7ITD346(Delhi)
1. In this appeal for the assessment year 1974-75, the assessee has objected to the making of a single assessment for the assessment year.The firm Pelikan Paper & Stationery Mart, Chawri Bazar, Delhi, was constituted by three partners, namely, Shri Arnar Nath Gupta, Shri Kesho Nath Gupta and Shri Bansi Dhar Gupta, with 50 per cent, 40 per cent and 10 per cent shares, respectively by deed of partnership dated 21-9-1969. The partnership was at will and the partnership deed did not contain any term for the non-dissolution of the partnership on the death of a partner. On 1-11-1973 one of the partners, Shri Kesho Nath Gupta, retired and a new partnership deed was executed on 1-11-1973 between the remaining partners, Shri Amar Nath Gupta and Shri Bansi Dhar Gupta along with a new partner Shri Rajinder Kumar. On the retirement of Shri Kesho Nath Gupta a deed of dissolution of the partnership was executed between the retiring partner and the remaining two partners. The assessee submitted ...
Union of India Vs. Ram Chander and ors.
Court: Delhi
Decided on: Feb-06-1979
Reported in: 16(1979)DLT136
Avadh Behari Rohatgi, J.(1) This is an appeal from the order of the Additiol District Judge dated March 4, 1971. (2) The respondents' land was acquired by the Government. In due course the collector made the award. The respondents were dissatisfied with the award. They asked the collector to refer the matter to the Court under Sec. 18 of the Land Acquisition Act (the Act.) On receipt of reference in the court of the Additional District Judge the respondents discovered that the collector had omitted to include khasra No. 1976/1203 measuring 2 bighas and 2 bids was of their acquired land. On October 15, 1968, they made an application for amendment of the reference. In the application it was submitted that in the original schedule prepared under Sec. 19(2) of the Act Khasra No. 1976/1203 be also included. The respondents with their application submitted an amended schedule which included khasra No. 1976/1203. In reply to the application the Union of India admitted that the position taken ...
Ramesh Vs. State
Court: Delhi
Decided on: Feb-06-1979
Reported in: 1979CriLJ727
Vyas Dev Misra, J.1. Ramesh alias Tuyan has been convicted by Shri Joginder Nath, Additional Sessions Judge. Delhi under Section 302 of the Indian Penal Code and has been sentenced to imprisonment for life. The convict has come up in appeal to this Court.2. The prosecution case is that on 22-7-1973 at about 9 P. M. Krishan Kumar, Phool Chand, Chander Bhan, Shri Ram, Sher Singh alias Sheri, Madan Lai and Bal Kishan had collected outside Krishan Kumar's house and were discussing about the installation of an idol of Durga Mata in Basti Sat Narain Mandir, Nabi Karim, when Ramesh alias Tuyan, Chattar Singh, Sher Singh son of Khiali and Sada Nand came there with open knives in their hands. It is alleged that immediately on arrival, Tuyan pointedly remarked. 'Chiri maro bahar nikle, turn logon ne mujhko police se najaiz paker-way hai' (O' you 'chiri maro', come out, you are the persons who had got me false ly arrested by the police). At that time Chattar Singh also proclaimed that they had co...
N.D. Gaddireddi Vs. State
Court: Delhi
Decided on: Feb-05-1979
Reported in: 1979CriLJ1107; ILR1979Delhi229
Prithvl Raj, J.(1) By this revision petition the petitioner challenges the correctness of the order dated 7th February, 1978, passed by Shri R. Dayal, Additional Chief Metropolitan Magistrate, New Delhi, whereby the learned Magistrate dismissed the application filed by the petitioner under section 84 of the Code of Criminal Procedure, 1973 (hereinafter called 'the Code') seeking release of the property belonging to her husband Dr. G. J. Reddi, attached in pursuance of the provisions of section 83 of the Code. (2) Facts relevant disposal of this revision petition are as follows. A case under section 3, 5, 6 and 9 of the Official Secret, Act read with section 120B of the Indian Penal Code, was registered at police station Sriniwaspuri, vide F.I.R. No. 26 of 1977, against the petitioner, her husband, Dr. G. J. Reddi and one K. K. Sarin. Dr. Reddi was declared a proclaimed offender by the Court by an order dated 7th April, 1977. His property was ordered to be attached. The property accordi...
Ram Chander and ors. Vs. Union of India
Court: Delhi
Decided on: Feb-05-1979
Reported in: 15(1979)DLT318
(1) This appeal relates to the amount of compensation to be paid for the owner's land taken by the Government under statutory powers. The appellant's land situated in village Nangal Dewat was acquired by the Government for a public purpose, namely, for building a new terminal area at Palam Airport. Notification under S. 4 of the Land Acquisition Act (the Act) was issued on September 26, 1964. In due course the Land Acquisition Collector made his award (Award No. 1836) on July 12, 1965. The Collector classified the acquired lands into three categories and offered different compensation in respect of each to the owners as will appear from the following table :- Block- 'A' Rs. 1300.00 per bigha. Block-'B' Rs. 1200.00 per bigha. Block-'C' Rs. 700.00 per bigha On a reference under S. 18 of the Act the Additional District Judge divided the land into two main classes. Lands in blocks 'A' and 'B' he combined into one class. He called it block-1. For this block he awarded Rs. 5350.00 per bigha...
S.N. Rai and ors. Vs. Union of India and ors.
Court: Delhi
Decided on: Feb-02-1979
Reported in: 16(1979)DLT203
H.L. Anand, J.(1) This petition under Article 226 of the Constitution of India raises an interesting question, if the petitioners, who were initially working in the Posts and Telegraphs Wing of the Central Public Works Department, and whose services were eventually transferred to the newly constituted Civil Engineering Wing of the P & T Department, had been absorbed in the Pat Department and, if so, whether they could nevertheless bs repatriated to the Central Public Works Department, and in a controversy that has arisen because of an apparent conflict of interest between these offcers and the direct entrants to the Civil Engineering Wing.(2) Prior to July 1, 1963, the work of designing and construction of buildings required by the Posts and Telegraphs Department used to bo looked after by the Central Public Works Department in its Posts and Telegraphs Wing. The petitioners were then working in the said Wing. By a Notification of May 4,19 3, it was declared that the P & T Department wo...
Jaiwant Kumar JaIn Vs. Santosh Devi and ors.
Court: Delhi
Decided on: Feb-02-1979
Reported in: 16(1979)DLT17
Leila Seth, J.(1) These two second appeals are directed against the judgments and orders dated 4th October, 1976 of Shri H.K.S. Malik, Additional District Judge, Delhi. The short judgment staling the case is decided on the basis of the judgment of 'even date' is dated 27th August, 1976. This is apparently erroneously so dated as the main judgment is dated 4th October, 1976. It is conceded at the bar, that this is a mistake and it is deemed to be dated 4th October, 1976. (2) A suit was instituted by the plaintiff-appellant in 1968 against Mohinder Pal Jain, his ex-partner defendant/respondent No. 10 and Smt. Santosh Devi and her sons and daughters, respondents I to 8 whose predecessor Darga Prasad was the tenant of the suit premises under dependant/respondent No. 9 Mst. Kalsum Bi. He prayed therein for 'a decree for declaration to the effect that the plaintiff is a lawful tenant in respect of godown Nr. Vl/1648 situated at Bazar Lal kuan, Delhi under the defendant No. 9 and the defendan...
Ram Kishan Vs. Bharat Bhushan
Court: Delhi
Decided on: Feb-01-1979
Reported in: 1979RLR194
H.L. Anand, J.(1) This Second Appeal by an alleged tenant is directed against an appellate order of Tribunal setting aside the order of the Controller dismissing the landlord's petition for eviction and remanding the case for further trial. (2) The landlord sought eviction on the around of default in payment of rent, bona fide personal need for a residence. The petition was resisted, inter alia, on the grounds that there was no relationship of landlord and tenant, and that the alleged tenancy had not been determined in accordance with law. At the trial, notice, Exhibit A.W. 2/4, was proved in support of the plea that the tenancy had been determined even though the landlord set up a case in the petition that the tenancy was for a fixed term of 11 months, and that it was unnecessary to terminate it, the period having expired. The landlord relied on the cheques by which rent had been admittedhy paid which was sought to be explained by the alleged tenant on the plea that these payments wer...
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