Delhi Court April 1979 Judgments
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Delhi Simla Catholic Archiliocess Vs. Union of India
Court: Delhi
Decided on: Apr-24-1979
Reported in: AIR1980Delhi240; 16(1979)DLT331; 1980RLR98
A.B. Rohatgi, J. (1) These are two appeals by the owners in land acquisition cases. This judgment will govern them both. R.F.A. 363 of 1968 This is an appeal from the order of the Additional District Judge dated May 28 1968. The appellant's land measuring 28 big has I bids was and 57 big has 10 bids was forming part of the revenue estate of Bahapur was acquired By the Union of India. Notification under S. 4 of the Land Acquisition Act (the Act) was issued on January 2, 1957. Notification under S. 6 of the Act was. issued.on November 20, 1957. In due course the Land Acquisition Collector made the award. He offered compensation at Rs. 1000.00 per bigha to the appellant. The appellant did not accept^the offer. He sought a reference to the court under S. 18 of the Act for the proper determination of compensation. (2) On reference the Additional Judge fixed the market value of the acquired land at Rs. 40.00 per square yard. Now the owner appeals for fur ther enhancement and claims Rs. 7000....
K.G. Khosla Compressors Pvt. Ltd. Vs. Union of India
Court: Delhi
Decided on: Apr-23-1979
Reported in: 18(1980)DLT236
Sultan Singh, J.(1) This is a Petition under Section 20 of the Arbitration Act for filing an Arbitration agreement and appointment of Arbitrator in terms of Clause 24 of the General Conditions with respect to contract dated 23rd January 1968 for the supply of goods entered into by the Petitioner with the Union of India. M/s. K.G. Khosia Compressors Pvt. Ltd., the Petitioner, is a limited Company. Previously the Petitioner Company was known as M/s. K.G. Khosia & Company Pvt. Ltd., which was amalgamed with M/s K.G. Khosia Compressor Pvt. Ltd. under Orders of this Court dated 24th October 1975, Subsequently M/s K.G. Khosia Compressors Pvt. Ltd., was confronted into a Public Limited Company and as such it came to be known as K.G. Khosia Compressors Pvt. Ltd., that is the Petitioner Company. The contract was for the supply of 115 Tyre Inflation Plants. The Petition states that the supplies were completed from time to time and that now a sum of Rs. 30,204.25 paise on account of 5% of the bal...
Atlantic Engineering Services (P) Ltd. Vs. Union of India and anr.
Court: Delhi
Decided on: Apr-23-1979
Reported in: [1979(39)FLR176]; ILR1979Delhi402; (1979)IILLJ136Del
V.S. Deshpande, C.J.(1) The decision of this case depends mainly on the construction of section 14-B of the Employees' Provident Funds and Family Pension Fund Act, 1952. Section 14-B is as follows : 'WHEREan employer makes default in the payment of any contribution to the Fund the Family Pension Fund or the Insurance Fund or in the transfer of accumulations required to be transferred by him under sub-section (2) of section 15 or sub-section (5) of section 17 or in the payment of any charges payable under any other provision of this Act or under any of the conditions specified under section 17, the Central Provident Fund Commissioner or such other officer as may be authorised by the Central Government, by notification in the Official Gazette, in this behalf may recover from the employer such damages, not exceeding the amount of arrears as it may think fit to impose. Provided that before levying and recovering such damages, the employer shall be given a reasonable opportunity of being he...
National Tar Products, Calcutta Vs. Himachal Pradesh State Electricity ...
Court: Delhi
Decided on: Apr-20-1979
Reported in: AIR1979Delhi255; 17(1980)DLT170
ORDER1. This is a petition under Section 28 of the Arbitration Act, 1940. The parties entered into an agreement dated 12th December, 1974 at Simla for the supply of material by the petitioner to the respondent. Disputes arose between the parties. Shri L. R. Gupta Advocate and Sheri V. M. Baja, Superintending Engineer (Investigation) Circle No. 1, Himachal Pradesh State Electricity Board, Simla were appointed as arbitrators. It is stated that sometimes arbitration proceedings were held at Delhi and the arbitrators have not been able to give their award within the statutory period thereforee the present petition for extension of time for the making of the award.2. The respondent in reply objects to the jurisdiction of this court to jurisdiction the present petition. It is stated that the agreement in question was executed at Simla, that no part of the cause of action arose at Delhi, and that the venue of arbitration proceeding was left to be decided to the arbitrators Clause 2 (p) of Art...
Birla Cotton Spinning and Weaving Mills Ltd. Vs. Union of India and or ...
Court: Delhi
Decided on: Apr-20-1979
Reported in: 6(1979)DLT16
S. Ranganathan, J. (1) This revision if the outcome of a tussle in principle between a big Company and the Union of India, the monetary stake involved being the paltry sum of Rs. 920. 36. (2) There are 5 telephones installed in the premises of the petitioner company at Subzi Mandi, Delhi. In July 1965, September 1965 and again in May 66, the Account Officer, Telephone Revenues, Delhi Telephone District, New Delhi sent to the company notices of disconnection of the telephones bearing numbers mentioned in the respective notices. The notices stated that several bills in respect of trunk calls booked on the above telephones remained unpaid and that if the said bills (the number, date and amount of cash of which was given) were not paid within seven days of the date of issue of the notices, the telephone would be disconnected. The amount thus claimed to represent unpaid outstanding arrears was Rs. 920.36. (3) According to the petitioner, the bills (alleged to be unpaid) had never been sent ...
Vijay Vs. the State
Court: Delhi
Decided on: Apr-20-1979
Reported in: 1979CriLJ179; 16(1979)DLT267
O.N. Vohra J.(1) This is an appeal by Vijay Siagh (25) son of Fateh Singh, teacher, resident of Kumera district Meerut, UttarPiadesh, who was convicted under Section 302 of the Indian Penal Code and sentenced to life imprisonment for having murdered his cousin. Bishamber, by judgment dated March 27, 1976, of the Additional Session' Judge, Delhi.(2) Briefly the facts are that on January 27, 1975 at about 12 noon, Raghunath (Public Witness 14). resident of village Burari, Delhi, noticed a dead body lying naked in his field. He informed a number of persons including Hari Prakash (Public Witness l3), who advised him to apprise the police Raj Bal Tyagi (PW 16), on being approached by Raghunath, informed Police Control Room by making use of his telephone N0. 25372 that a dead body was lying in a field in village Burari. Sub Inspector Ranjit Singh (Public Witness 28) made entry in the daily diary (copy Ex. Public Witness Public Witness 28/A) and deputed Control Room van to the spot and inform...
Harmohan Bagai Vs. Tarsem Perkash
Court: Delhi
Decided on: Apr-20-1979
Reported in: 1979RLR379
S.B. Wad, J.(1) This is the tenant's revision application against the order passed by Additional Rent Controller, Delhi (J.D Kapoor) dated December 15, 1977, refusing leave to defend under section 25B of the Delhi Rent Control Act, 1958. Through the said order the learned Additional Rent Controller further decided the matter on merits and directed the petitioner-tenant to deliver vacant possession of the suit premises, within 6 months of the date of the order. Various benches of this Court have by now considered the true scope of the section 25B of the Delhi Rent Control Act (introduced as a part of Chapter III-A by amending Act of 1976). Broadly speaking the said decisions have laid down that if the application of the landlord under section 14(l)(e) and the affidavit of the tenant in support of his application for leave raise triable issues and disclose that there is a real and bona fide controversy, the tenant should be given an opportunity to defend his case. This Court has also lai...
Goodwill India Limited Vs. Commissioner of Sales Tax, Delhi
Court: Delhi
Decided on: Apr-20-1979
Reported in: ILR1979Delhi278
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 persons who transfer vehicles on hire-purchase to others form part of the 'sale price' under the said Act so as to become liable to sales-tax as a part of the turn-over. (2) 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 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 A...
Jai Parkash Vs. State
Court: Delhi
Decided on: Apr-20-1979
Reported in: 1979CriLJ1167
ORDERM.L. Jain, J.1. The petitioner was convicted under Section 9 of the Opium Act, 1878, and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/- in default whereof to rigorous imprisonment for 6 months. On appeal, his sentence was reduced to rigorous imprisonment for 9 months and a fine of Rs. 500/-, in default whereof to rigorous imprisonment for 2 months. Hence, this revision.2. The prosecution case is that the petitioner was apprehended at about 1.10 A. M. on the night intervening 24th and 25th May 1975, at the G. T. Road Bus Stand in H Block Seelampur, by a police party which included a D. S. P. Asad Farookhi. The accused was found carrying a bag which contained opium about 4 kgs in weight. The police took a sample of 200 gms. and sent it for analysis to the Central Forensic Science Laboratory. The said Laboratory found in the sample 5.13% contents of Morphine. It was in these circumstances that the aforesaid conviction took place.3. The learne...
Padma Lal Chand Mirchandani Vs. the Commissioner of Income Tax (Delhi)
Court: Delhi
Decided on: Apr-19-1979
Reported in: ILR1979Delhi295; [1981]128ITR174(Delhi)
V.S. Deshpande, C.J.(1) The question referred to us for opinion under section 256(1) of the Income-tax Act, 1961, (the Act) by the Income-tax Appellate Tribunal in this case is as follows : 'WHETHERon the facts and in the circumstances of the case, the Tribunal was right in holding that the assessed being female member of the Hindu undivided family has no right to throw her self-acquired property into the common hotchpot of the Hindu undivided family and confirming the assessment of entire income from the said property in the hands of the assessed for the assessment years 1968-69 and 1969-70 ?'(2) The assessed, who is a female member of a Hindu undivided family, is the owner of a house situated at 109148, Chanakya Puri. She purported to throw one half of the property into the hotchpot of the Hindu univided family by a declaration made on 30th March, 1967. On that basis she filed returns of her income showing 50 per cent of the income from the said property as her income, while the othe...
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