Delhi Court April 1979 Judgments
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Lieut Swaran Singh Bhindra Vs. Surinder Kaur
Court: Delhi
Decided on: Apr-30-1979
Reported in: 16(1979)DLT32
S.S. Chadha, J.(1) This revision petition under section 115 of the Code of Civil Procedure is directed against the order dated 18th February, 1978 passed by Shri S.N. Kapur, Sub-Judge 1st Class Delhi allowing an application under Order 9 Rule 13 read with Section 151 of the Code of Civil Procedure for setting aside ex-parte decree of judicial separation passed under Section 10 of the Hindu Marriage Act, 1955. (2) Lt, Swam Singh Dhindsa (petitioner before me) hereinafter referred to as the husband) filed a petition for judicial separation under Section 10 of the Hindu Marriage Act, 1955 on 7th August, 1975 against Smt. Swinder Kaur (respondent herein)(hereinafter referred to as the wife). The address of the wife was given as residing C/o Shri Mohinder Singh Warraich, at Dera Dalip Singh Warraich, Post Office Dehra Fateh Singh (near Pehowa) District Kurukshetra (Haryana). Notice was directed to issue to the wife for last September, 1975 against process fee and registered covers. On 1st S...
Goodwill India Ltd. Vs. the State
Court: Delhi
Decided on: Apr-29-1979
Reported in: [1980]45STC368(Delhi)
V.S. Deshpande, C.J.1. The main question referred for opinion under Section 21(1) of the Bengal Finance (Sales Tax) Act, 1941 (the Act), in this and the connected cases is whether the 'hire charges' received by the applicant-finance company and other such companies from others form part of the 'sale price' under the said Act so as to become liable to sales tax as a part of the turnover. The constitutional background against which this question has to be considered is this: There are two different legislative powers exercised under the Constitution, namely, (1) by Parliament under Article 246(4) in respect of Union territories, and (2) by State Legislatures under Article 246(3) of the Constitution. While the power of the State Legislature in respect of taxes on sale of goods is derived from entry 54 of the State List in the Seventh Schedule of the Constitution (corresponding to entry 48 of the Provincial List in the Government of India Act, 1935), the power of Parliament in respect of U...
Bijinder Singh Vs. State
Court: Delhi
Decided on: Apr-27-1979
Reported in: 1979CriLJ1290; ILR1979Delhi110
O.N. Vohra, J.(1) This is an appeal by Bijinder Singh (19), son of Prahlad Singh, agriculturist, resident of village Bigheypur, District Meerut, Uttar Pradesh, who was convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life for having murdered Surajpal Singh by judgment dated August 21, 1976 of the Additional Sessions Judge, New Delhi. (2) Briefly, the facts are these. Surajpal Singh, a young boy of 18, belonging to village Meerpur, District Aligarh, Uttar Pradesh, was carrying on dairy business in servant quarters of bungalow No. 12, Mandir Marg, Delhi Cantt. allotted to Capt. Bhag Singh (Public Witness 18). Mahender Singh (Public Witness 19), younger brother of Surajpal Singh, who was studying in those days, came to Delhi to spend his summer vacation. He left for his village on July 24, 1975 but again came on August 4, 1975 and found appellant instead. On being asked about Surajpal Singh, the appellant informed that Surajpal Singh had gone to the v...
Ram Gulam Vs. the State
Court: Delhi
Decided on: Apr-27-1979
Reported in: 16(1979)DLT249
Prithvi Raj, J. (1) Ram Gulam was tried by Shri R. L. Gupta, Additional Sessions Judge, under Section 366, Indian Penal Code for having kidnapped Pushpa a minor aged 7 years and also under section 376, Indian Penal Code for having committed rape upon her. The trial Court by its impugned judgment dated 29th June, 1978, found the appellant guilty under the aforesaid sections and convicted him accordingly. After (2) Feeling aggrieved by his conviction and sentence the appellant has filed the present appeal. Relevant facts For disposing of this appeal are as under: (3) 0M Parkash (Public Witness 4) father of the minor Pushpa who at the relevant time was working as a mate in the Railways stated that eight or nine months prior to the recording of his statement on 2nd March, 1978, Pushpa was found missing at about 9.30 p m. He searched for her in Chankyapuri and other places but remained unsuccessful. The next day also along with two or four other persons he searched for her but in vain. He m...
Alfa Radios and Novelties (P) Ltd. Vs. Hari Nath and anr.
Court: Delhi
Decided on: Apr-27-1979
Reported in: 16(1979)DLT80
N.N. Goswami, J.(1) This Judgment will also dispose of S.A.Os. 259 of 1973, 271 of 1973 and 272 of 1973 as well as all these appeals arise out of a common order of the Rent Control Tribunal. (2) The dispute is in respect of two shops bearing Nos. 26 and 27 situated in Mangal Market, Jog Dyian Singh Colony, Chandni Chowk, Delhi. Both these shops had been let out to the appellant M/s. Alfa Radios and Novelties Private Limited at a rent of Rs. 71.00 per month each. Shop No. 27 was owned by Shri Hari Nath and Shop No. 26 was owned by his mother Chandrawati. (3) On February 8, 1967, Shri Hari Nath filed an application against appellant and M/s. Eastern Radios and Electric Company for their eviction from Shop No. 27. It was pleaded that the appellant tenant had towards the end of 1964 or in the beginning of 1965 sub-let, assigned or otherwise parted with the possession of the shop inquestion in favor of M/s. Eastern Radios & Electric Company, without consent in writing of the respondent land...
Ghai Lamba Catering Consultants P. Ltd. Vs. Central Board of Direct Ta ...
Court: Delhi
Decided on: Apr-27-1979
Reported in: [1980]124ITR301(Delhi)
Goswamy, J.1. This judgment will dispose of Civil Writ Petition No. 46 of 1979 also as the agreements in the two cases are identical. The questionfor decision raised in these two petitions is whether the agreements in question satisfy the requirements of Section 80-O of the I.T. Act, 1961. 2. The petitioner-company entered into an agreement on the 16th day of January, 1971, with M/s. G. L. Restaurants Ltd. having its registered office at 79/81, Mortimer Street, in the county of London. Some of the relevant clauses of the said agreement are as follows : '(1) One of the objects of the Indian company is to act as managers and consultants to companies and other business concerns and undertakings engaged in any of the business of hotel, restaurant, cafe, tavern, refreshment room and lodging-house keepers especially outside India. (3) Mr. Ghat and Mr. Lamba in their own right are experienced in the successful management of catering establishments in India and abroad. (4) The English compan...
Krishna Devi Vs. State
Court: Delhi
Decided on: Apr-27-1979
Reported in: 16(1979)DLT103
F.S. Gill, J. (1) The present appellant, Shrimati Krishna Devi, is the sister of Madan Lal, who is the husband of Manjit Kaur deceased. It is alleged that after her marriage, Manjit Kaur was subjected to maltreatment by the members of her husband's family, including the appellant. (2) IT. is further alleged that on 6.4. 1975 at about 12.30 P.M. Manjit Kaur was workg in the kitchen and was preparing 'chapatis'. She served the meal to her young daughter Manju before anybody else. On this Krishna Devi appellant, who was also present there, reprimanded her for doing so. In her wrath she kicked the stove on which the food was being prepared. Thereafter she poured kerosene oil on Manjit Kaur's clothes. At that time the deceased was wearing a cotten 'dhoti', a silken blouse and brassiere. These cloths 104 became wet with the oil. The appellant then ignited a match stick and set Manjit Kaur's clothes on fire. The victim cried for help and called out her husband Madan Lal, who was playing with ...
Ghei Lamba Catering Consultants Pvt. Ltd. Vs. Central Board of Direct ...
Court: Delhi
Decided on: Apr-27-1979
Reported in: (1980)14CTR(Del)57
: GOSWAMI, J. - This judgment will dispose of Civil Writ petition No. 46 of 1979 also as the agreements in the two cases are identical. The question for decision raised in these two petitions is whether the agreement in question satisfy the requirements of s. 80-O of the IT Act 1961.1. The petitioner company entered into agreement on the 6th day of January, 1971 with M/s. G.L. Restaurant Ltd., having its registered office at 79/81, Mortimer Street in the county of London. Some of the relevant clauses of the said agreement are as follows :-'1. One of the objects of the Indian Company is to act as Managers and Consultants to companies and other business concerns and undertakings engaged in any of the business of hotel, restaurant, cafe, tavern, refreshment room, house-keepers, especially outside India etc.2. Mr. Ghei and Mr. Lamba in the own right are experienced in the successful management of catering establishments in India and aboard;3. The English Company, Mr. Ghei and Mr. Lamba an...
Sheel Utpal and ors. Vs. Hari Chand
Court: Delhi
Decided on: Apr-25-1979
Reported in: AIR1979Delhi197; 16(1979)DLT1; 1979RLR345
M.L. Jain, J.(1) Tenant Brij Mohan died on April 7, 1972? leaving behind the respondents, namely? his widow Sheel Utpal, and four sons, who succeeded to the tenancy rights. An eviction petition was filed on April 4, 1974, against them by their landlord Hari Chand under clauses (e) and (h) of sub-sec. (1) of sec. 14 of the Delhi Rent Control Act, 1958, (hereinafter the Act). It was alleged that the tenancy commenced on the 1st day of each calendar month and was terminated by a notice dated March 13, 1974. Brij Mohan was allotted after commencement of the Act a residential flat in Janakpuri by the Delhi Development Authority of which the respondents got a vacant possession in 1972. The petitioner also required the disputed premises for his own use and occupation and for the use and occupation of the members of his family dependent upon him. The petitioner was living on the Barsati with seven members who have by now grown up. He, thereforee, was is need of the first floor accommodation an...
Prema JaIn Vs. Sudhir Kumar Jain
Court: Delhi
Decided on: Apr-25-1979
Reported in: 1980CriLJ80; ILR1980Delhi237
M.S. Joshi, J. (1) Prema Jain filed a petition under section 125 of the Code of Criminal Procedure, 1973, for the award of maintenance allowance against her husband Sudhir Kumar Jain on 29-1-1976. The said petition was dismissed by the Metropolitan Magistrate concerned because of her non-appearance on 16-7-1976. Her counsel preferred an application for the restoration of the said petition on 19-7-1976 but it was dismissed on 20-10-1976 for the technical reason it had been signed by her Advocate and not by Prema Jain herself. She filed, thereforee, another application on 27-10-1976 for the restoration of the original petition and it was granted by Shri H. P. Sharma, Metropolitan Magistrate on 27-1-1977. The learned Magistrate observed that there was no law to prohibit filing of restoration application; there was no intentional lapse on the part of the applicant and she could not be penalised for a minor lapse of her counsel and that too when the Court was not functioning in a regular fo...
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