Delhi Court March 1979 Judgments
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Raj Kumar Vs. Vijay Singh
Court: Delhi
Decided on: Mar-26-1979
Reported in: AIR1980Delhi215; 15(1979)DLT284; 1979RLR439
Rajender Sachar, J.(1) This petition for revision is directed against the refusal to grant leave to the petitioner/tenant to defend the eviction petition brought against him. (2) The petitioner/tenant had in seeking the leave given various facts and grounds for the same. One of the ground was that notice of termination of tenancy was not served upon him much less legal and valid notice. In the ap- plication for eviction it had been mentioned that notice dated 2nd June, 1978 sent through U.P.C. and registered A.D. had come back undelivered and that the second notice dated 3rd July, 1978 sent through U.P.C. and registered A.D. and service was effected by pasting through notary public. There was a specific allegation in the reply denying this averment and maintaining that no service was effected by pasting through notary public. Evidently, the present notice was sent and the same came back unserved, now in what circumstances the service by pasting was effected are not matters which could ...
Simon Carves India Ltd. Vs. Central Board of Direct Taxes and Another.
Court: Delhi
Decided on: Mar-26-1979
Reported in: (1979)14CTR(Del)47; [1979]120ITR172(Delhi)
DESHPANDE C.J. - In Chap. VI-A of the I.T. Act, 1961, entitled 'Deductions to be made in computing total income', S. 80MM deals with deductions from income claimed by an Indian company in respect of royalties, etc., received by it from any person in India. Where an assessed receives a royalty, commission, fees or any other payment from a person carrying on business in India in consideration for -'(i) the provision of technical know-how which is likely to assist in the manufacture or processing of goods or materials, or in the installation or erection of the machinery or plant for such manufacture or processing,' or in consideration for -'(ii) rendering services in connection with the provisions of such technical know-how,'under an agreement approved by the Central Government the assessed shall be allowed a deduction from such income of an amount equal to forty per cent. thereof in computing his total income.The expression 'provision of technical know-how', inter alia, means the imparti...
Hari Ram Vs. Commissioner of Police Delhi and ors.
Court: Delhi
Decided on: Mar-23-1979
Reported in: ILR1980Delhi102
V.D. Misra, J.(1) Common, questions of law have been raised in Criminal Writ Nos. 48, 52, 58, 59 of 1978, and 3 of 1979. This judgment will govern all the petitions. (2) The petitioner in Criminal Writ No. 48 has been served with a notice under section 50 of the Delhi Police Act, 1978 (Act No. 34 of 1978) (hereinafter referred to as 'the Act') by the Deputy Commissioner of Police, North District, informing the petitioner of the allegations against him and calling upon him to show cause why he should not be externed under section 47 of the Act from the limits of the Union territory of Delhi for a period of two years. The petitioner in Criminal Writ No. 52 of 1978 has been served with a notice under section 50 by the Deputy ..Commissioner of Police, Crime Prevention, calling upon the petitioner to show cause why he should not be externed under section, 48 of the Act from the limits of the Union territory of Delhi for a period of two years. Petitioners in other petitions have been externe...
J.N. Malhotra Vs. the Lt. Governor of Delhi, Etc.
Court: Delhi
Decided on: Mar-21-1979
Reported in: ILR1979Delhi699
V.S. Deshpande, C.J.(1) The context of law and facts out of which these petitions arise may first be stated. LAW: (2) The Punjab Excise Act, 1914 (the Act), as applied to Delhi gives to the Government the complete power of control and regulation of the sale of liquor in Delhi. Its provisions are not open to challenge as being contrary to the fundamental right of freedom of trade and business guaranteed by Article 19(1)(g) of the Constitution because consumption of liquor is harmful to the health of the people except in medicinal doses. The restrictions on such a trade imposed by law and executive action are, thereforee, reasonable even if they amount to a total prohibition of it. The present petitions are concerned with the sale of the so-called foreign liquor manufactured in India under licenses granted by the Government. The relevant provisions of law for the grant of these licenses are as follows : '34.(1) Every license, permit or pass granted under this Act shall be granted (A)on ...
Amolak Singh JaIn Vs. Satyawati
Court: Delhi
Decided on: Mar-21-1979
Reported in: AIR1980Delhi16; 1980RLR111
Sultan Singh, J.(1) These are applications to set aside sale of 51/100th share of property at No. 1, Purana Quila Road, New Delhi auctioned on 26th September, 1977 for Rs. 4,55,000 in favor of Delhi Sikh Gurdwara Management Committee, Delhi. On 24th April 1973, a money decree for Rs. one lac with interest at 12 per cent per annum from the date of payment of this amount i.e. 25th June, 1962 till the date of decree and future interest at 6 per cent per annum from the date of decree till realisation and costs of suit Rs. 4,101.95 p. was passed in suit No. 99 of 1966. Defendant No. 1 was to pay Rupees 40,000 with interest, defendants 4A & 4B and defendants 1 to 3, 6 to 12 as legal representatives of defendant Smt. Kirpa Devi were to pay a sum of Rupees 20,000 with interest from the property of the deceased, and defendants 8 and 9 as well as defendants 6 to 9 as legal representatives of defendant No. 5 deceased were to pay a sum of Rs. 40,000 with interest to the plaintiff. On 2nd August, 1...
Holtec Engineers P. Ltd. Vs. Central Board of Direct Taxes
Court: Delhi
Decided on: Mar-21-1979
Reported in: (1980)14CTR(Del)53; [1979]120ITR696(Delhi)
Goswamy, J.1. This judgment will dispose of Civil Writ Petitions Nos. 587, 588, 589, 683 and 361 of 1974.2. These petitions are directed against the order of the Central Board of Direct Taxes whereby the Board refused to grant approval to the agreements under Section 80MM of the I.T. Act, 1961.3. The question to be decided in these petitions is whether the services rendered by the petitioner-company as mentioned in the agreements amount to technical services as contemplated by Section 80MM of the Act. Section 80MM is as follows :' 80MM. (1) Where the gross total income of an assessed, being an Indian company includes any income by way of royalty, commission, fees or any other payment (not being income chargeable under the head ' Capital gains ') received by the assessed from any person carrying on a business in India in consideration for-- (i) the provision of technical know-how which is likely to assist in the manufacture or processing' of goods or materials, or in the installation or...
Municipal Corporation of Delhi Vs. Charanjit Lal
Court: Delhi
Decided on: Mar-20-1979
Reported in: AIR1979Delhi178
Prakash Narain, J.(1) Criminal appeal No. 181 of 1971 has been laid before us on a reference being made by two of us (Prakash Narain and S. Ranganathan, JJ.) to a larger bench on account of what appears to be a conflict in law enunciated by different bench decisions of this Court. Criminal Appeal No. 182 of 1971 has been laid before us because an identical point arises in that case also.(2) The question which arises for determination is whether amendment of a rule of the Prevention of Food Adulteration Rules, 1955, would affect a pending prosecution under the Prevention of Adulteration Act, 1954, and whether such a rule is to be given retrospective effect. The precise rule which is to be considered is Rule 29(e) of the said Rules as amended by Notification No. S. R. O. 2755 dated November 24, 1956. The relevant part of the rule reads as under :'29. Use of permitted coal tar dyes prohibited. Use of permitted coal tar dyes in or upon any food other than those enumerated below is prohibit...
S.K. Sehgal Vs. Prithvi Raj Gupta
Court: Delhi
Decided on: Mar-20-1979
Reported in: 1979RLR306
Rajindar Sachar, J. (1) This is a petition for revision against the order of the Rent Controller dated 18.9.1978 granting leave under section 25B(5) of the Rent control Act but limited to one ground only. (2) The respondent/landlord filed an application claiming eviction on the ground of bona fide need. The petitioner/tenant sought leave to defend on various grounds namely about the lack of ownership of the landlord, lack of bonafide need and also denied the relationship of landlord and tenant and also claiming that no notice of termination had been validly served. The Rent Controller found no merit in all the grounds excepting the ground relating to termination of tenancy and granted leave with respect to that ground only. The tenant has come up to this court in revision against that order. (3) In restricting the leave to one ground the trial court relied on a decision given by me which is reported as Jiteiidre Verma v. Manohar Lal Aggarwal (1978) (1) Rcr 203. At the time of admission...
Samperit Aktienge Sellschaft Vs. Synthetic Moulders
Court: Delhi
Decided on: Mar-16-1979
Reported in: 1980RLR104
Prithivi Raj, J.(1) [PLAINTIFF claiming to be owner of Regd. trade Mark of 'MATADOR' for combs etc. sued Deft. for restraining them from manufacture and sale of combs bearing mark identical or similar to bis. He also filed an application for interim injuction. Before filing suit plaintiff had served Defts. with a 'cease & desist' notice on 28.2.78. Deft. 1 replied that he was using mark since 1964 and claimed to have applied for registration on the basis of concurrent use. In the W/s reply of Deft. 1 was that he innocently began use in 1966 and applied for registration on 27.12.66 and Registry informed him on 5.4.67 that Mark was registered in favor of plaintiff and he applied for Rectification on 26.7.67 and plaintiff is not entitled to relief on the ground of laches and the Mark had become invalid on the ground of non-user. That import of combs was banned and the suit should be stayed u/s 111 of the Act as application of Deft 1 is pending for registration since 5.7.77 and that he is ...
Man Singh and ors. Vs. State
Court: Delhi
Decided on: Mar-15-1979
Reported in: ILR1979Delhi302; 1980RLR126
F.S. Gill, J.(1) Shri S. C. Chaturvedi, Additional Sessions Judge, Delhi has convicted all the three appellants under section 302 read with section 34 of the Indian Penal Code . for the murder of Ram Mehar and has sentenced them to imprisonment for life.(2) There are two factions in village Surera. One party is headed by Ganpat Singh and the other by Raj Singh. The rivalries had developed on account of election disputes.(3) On the day of the Holi festival falling on 18-3-1973, the residents of the village Surera had collected at the 'Holi Darwaza' to celebrate the occasion. 'There had been beating of drums practiced by both the parties. It is alleged that at about 8 P.M. Prabhu, Man Singh, Baid Ram and Ram Phal, who belonged to Raj Singh's party, came in the verandah of Ratti Ram, duly armed with lathis and jellies. At that time Smt. Bharto Public Witness , an elderly lady, had also gone to the appointed place to offer water to the Holi fire. When she was returning she saw Ram Mehar (d...
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