Delhi Court April 1979 Judgments
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Shashi Bala Vs. Anil Kumar
Court: Delhi
Decided on: Apr-19-1979
Reported in: 16(1979)DLT37
Prithvi Raj, J.(1) This letters patent appeal has been filed by the appellant-wife against the judgment dated 24th April, 1978, passed by a learned Single Judge setting aside the decree of nullity passed in her favor by an Additional District Judge, Delhi, annulling her marriage with respondent. (2) Relevant facts for the disposal of this appeal are as follows. The appellant filed a petition under section 25 of the Special Marriage Act, praying that her marriage with the respondent be annulled as her consent to the marriage had been obtained by coercion and or fraud. The appellant's case is that the respondent's sister Kumari Vijay was her class fellow and intimate friend when she was studying in the higher secondary in Ballimaran. This friendship continued even after the appellant had passed higher secondary examination. Kumari Vijay introduced the appellant to the respondent her brother, a year prior to the filing of the petition telling the appellant that the respondent was highly e...
K.D. Singh Vs. Hari Babu Kanwal
Court: Delhi
Decided on: Apr-18-1979
Reported in: 16(1979)DLT131
Rajender Sachar, J.(1) This is a petition for revision against the order of the Rent Controller dated 31.7. 1978 by which he allowed the application of the respondent/landlord under Section 14A of the Delhi Rent Control Act (to be called the Act) and directed eviction of the petitioner/tenant. (2) The respondent/landlord is a government servant. In February, 1977 he moved an application under section 14A of the Act for recovery of possession from the petitioner/tenant. Various defenses were taken by the petitioner but he failed before the Rent Controller and has come up in this court in revision. (3) The only point argued before me by Mr. Ishwar Sahai the learned counsel for the petitioner is that Section 14A is no to nger applicable to the present case and threfore no relief can be given to the respondent/landlord. As is well known Section 14A was inserted by Act 18 of 1976 w. e. f. 1. 12. 1975 in the Act. This was done in pursuance of a circular which had been issued by the Governmen...
Ashok Kumar Vs. State
Court: Delhi
Decided on: Apr-17-1979
Reported in: 1979CriLJ1477; ILR1979Delhi118
S. Gill, J. (1) -IN this appeal Ashok Kumar @ Cheena appellant was convicted by Shri Mahesh Chandra, Additional Sessions Judge, Delhi on 14-5-1976 under section 302 of the Indian Penal Code and was sentenced to imprisonment for life. (2) The prosecution case is that on 11-11-74 at about 6.30 P.M. Yamin (since deceased) was going to his house from the side of Bulbuli Khana, when Ashok Kumar @ Cheena met him. Ashok Kumar challenged him and remarked that he would not allow him to escape as he was able to do the other day. Thereafter he took out a knife from his pocket but seeing this, Yamin started running. The appellant hotly pursued him. While doing so he was brandishing his knife and was proclaiming that he would not spare him. When Yamin reached near the shop of Sindhi tea-vendor, he was overtaken there. Appellant then gave a knife blow in his abdomen. Yamin made another bid to escape but he was not allowed to do so. He was administered another knife below on his back. On its receipt ...
Hemant Kumar Vs. the State
Court: Delhi
Decided on: Apr-17-1979
Reported in: 16(1979)DLT261
V.D. Misra, J.(1) This is an appeal against the judgment of Mr. Mahesh Chandra, Additional Sessions Judge, convicting the appellant under section 302, Indian Penal Code, and under section 25 of the Arms Act, and sentencing him to imprisonment for life under the first count and to rigorous imprisonment for two years under the second count. Both the sentences have been directed to run concurrently.(2) The prosecution case, in brief, is that on July 10 1974 at about 8.30. P. M. Rajinder Kumar (since deceased) was talking to Ram Nath near the shop of Sohan Lal halwai at Sarai Phoos, Subzi Mandi, Delhi. They were talking about the film 'Gupt Gyan'. The appellant (Hemant Kumar alias Bauna) was also present near the halwai's shop. Rajinder Kumar reprimanded the appellant for teasing the girls of the locality and indulging in goodaism. The appellant retorted by saying that who was he (Rajinder Kumar) to object. Simultaneously the appellant took out a dagger from his tehmat and attacked Rajinde...
Kali Pershad Vs. Collector
Court: Delhi
Decided on: Apr-16-1979
Reported in: 1981RLR73
Rajindar Sachar, J. (1) The properties of the appellant having been requistioned and he having been dissatisfied with the amount offered, the matter was referred for arbitration and an order had been passed u/s 8 of the Requisitining and Acquisitioning of Immovable property Act, 1952 (the Act), awarding certain compensation to the appellant. The appellant has filed an appeal in this Court. It appears that the appellant has been awarded compensation at 30 paise per sq. feet for covered area while no compensation has been awarded for the uncovered area. The total compensation awarded come to Rs. 2,264.00 per mensem. The appellant is claiming that he is entitled to a monthly compensatiotn worked out at Rs 1.30 P. per sq. ft. for covered area and 25 paise per sq. feet for the uncovered area. While filing the appeal, the appellant has affixed Court fee on the valuation of Rs 15,000.00 per mensem which is less than the amount claimed by him in the appeal. He has also affixed a fixed court fe...
Ram Balak Alias Gauri Shanker Vs. Delhi Administration
Court: Delhi
Decided on: Apr-16-1979
Reported in: ILR1980Delhi1219
O.N. Vohra, J. (1) The short point which arises for determination in this revision under Sections 435 and 439 of the Criminal Procedure Code, 1898, read with Sections 484, 397 and 401 of the Criminal Procedure Code, 1973, against the judgment in appeal dated February 7, 1977 of the Additional Sessions Judge, Shahdara, Delhi, is whether trespass for which Ram Balak alias Gauri Shanker, petitioner, has been found guilty under Section 448 of the Indian Penal Code is a criminal trespass or not. (2) Facts relevant for the purpose are these. Dixit Baba had been allowed to function as Pujari of Bhuteshwar Mandir, Sant Nagar, Shahdara, Delhi, and was allowed to occupy a small room which formed part of the Mandir premises by Sri Sanatan Dharam Sabha (Registered), Shahdara, Delhi. In August, 1971, Dixit Baba went to Haridwar and Rishikesh after informing Jai Narain, Secretary of the said Sabha and asking him to look after the temple during his absence. As he returned in October, 1971, he found t...
G.V. Nanjundiah Vs. the State
Court: Delhi
Decided on: Apr-12-1979
Reported in: 16(1979)DLT296
Prithvi Raj, J. (1) The appellant, Shri G.V. NanJundiah,was tried by Shri 0.P. Singla, Special Judge, Delhi, for having committed an offence punishable under section 161, Indian Penal Code and sections 5(l)(d) and 5(2) of the Prevention of Corruption Act on the allegation that be being a public servant as Executive Engineer, Central Public Works Department, Housing Division, Delhi Development Authority, New Delhi, on 30th October, 1973, at his house No. R-1/57, Greater Kailash, New Delhi, accepted a sum of Rs, 2.500.00 from one Shri R.S. Sharma, contractor as gratification other than legal remuneration as a motive or reward for releasing the security amount of the contract in the sum of rupees one lac and to approve and sanction for extra substituted work executed by the contractor for construction of double storied houses for Lower Income Group in D.I.S. Block at Kalkaji and being a public servant on the aforesaid date and place thus by corrupt or illegal means by otherwise abusing hi...
Surinder Singh Vs. the State
Court: Delhi
Decided on: Apr-11-1979
Reported in: 16(1979)DLT112
Prakash Narain, J. (1) Surinder Singh, the appellant, and Paramjit Singh,be that the time of the incident 19 years of age, were prosecuted under Section 302 read with Section 34 of the Indian Penal Code for having murdered Mahinder Lal. (2) According to the prosecution on November 2, 1973 Mahinder Lal, deceased accompanied by his brother, Harbans Lal (P. W. 1) and friends, Gopal (P. W. 2), RajinderSingh(P. W. 14) went to see a drama being staged at Lakshmi theatre in Kirti Nagar, New Delhi. They arrived there between 9.00 and 9.30 P. M. Ravi Kumar had parked his three-wheeler scooter No Dlr 8498 outside the theatre and the five persons mentioned above went inside to witness the drama. At about 11.00 P.M. Ravi Kumar cams out to answer a call of nature and found that his scooter was missing. He made enquiries from people at the cycle-stand and then went inside and told Mahinder Lal about his scooter missing. Mahinder Lal and Rajinder Singh came out with Ravi Kumar and they were searching...
Om Parkash Vs. State
Court: Delhi
Decided on: Apr-11-1979
Reported in: ILR1979Delhi735
Prithvi Raj, J. (1) This appeal is filed against the judgment dated 23rd September, 1977, passed by Shri Joginder Nath, Additional Sessions Judge, Delhi, whereby the appellant,Om Parkash, was found guilty under section 302, Indian Penal Code, for intentionally causing the death of Kesho Ram. He was also found guilty under section 324, Indian Penal Code, for having caused injuries with a sharp edged weapon on the persons of Smt. Chameli and Kanhaya Lal. The trial Court after affording opportunity of being heard to the appellant, by its order dated 27th September, 1977, sentenced him to life imprisonment under section 302, and also sentenced him to rigorous imprisonment for one year under section 324, Indian Penal Code. The sentences were, however, ordered to run concurrently. (2) The appellant challenges the correctness of his conviction and sentence imposed upon him, both on facts and in law. (3) The prosecution case as revealed by Kanhaya Lal (Public Witness 1) is as under: Eighteen m...
Om Parkash Alias Billu Bhatia Vs. the State
Court: Delhi
Decided on: Apr-11-1979
Reported in: 15(1979)DLT277
F.S. Gill, J. (1) This appeal is directed against the judgment of Shri J. D. Jain, Additional Sessions Judge, Delhi, whereby he convicted the appellant under section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life. (2) On 11-7-77 at about 10 P.M. Rohtas (since deceased) met Raj Kumar alias Raje near Clock Tower, Subzi Mandi, Delhi. Both of them then came towards Tilak Chowk and sat near the shop of Lachhman Halwai. When they were talking to each other, it is alleged 0m Parkash alias Billu Bhatia appellant came there from behind and started shouting at Rohtas by saying that he was trying to behave like a big 'dada'. After uttering the strong words, he attacked Rohtas with a knife and inflicted several injuries on his back, hip and left knee, etc. It is further alleged that on seeing the attack having been made on the appellant, Raje Public Witness had run away from the scene. (3) After receiving the injuries, Rohtas started running towards his house. At t...
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