Delhi Court April 1979 Judgments
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Harbans Lal Vs. Ram Jawai Devi and ors.
Court: Delhi
Decided on: Apr-09-1979
Reported in: AIR1979Delhi230; 16(1979)DLT109
Wad, J.1. The question for the decision in this appeal, as a preliminary question, is whether the order of the learned single Judge of this court (Sultan Singh, J.) rejecting the appellant's application made under the proviso to sub-r. (1) of R. 92 of O. 21, C. P.C. is appealable under O. 43, R. 1 (j) of the Code. R. I and said Proviso run as follows:-92. (1) 'Where no application is made under R. 89, R. 90 or rule 91 or where such application is made and disallowed, the Court shall make an order confirming the sale, and thereupon the sale shall become absolute. Provided that, where any property is sold in execution of a decree pending the final disposal of any claim to or any objection to the attachment of such property, the court shall not confirm such sale until the final disposal of such claim or objection.'2. The proviso was added to R. 1 by Act 104 of 1976. The question of appealability would depend upon the true construction and effect of the said proviso.3. The question of law ...
Raja Ram and anr. Vs. Bhim SaIn and ors.
Court: Delhi
Decided on: Apr-09-1979
Reported in: 15(1979)DLT336
M.L. Jain, J.(1) This revision concerns a dispute between the parties regarding a shop No. 25, Lal Sai Market, and a house No. 4/6, Double Storey, both in Lajpat Nagar, New Delhi. The short facts with which we are immediately concerned seem to be that one Jia Lal had two sons Bansi Lal and Raja Ram and a daughter. They were all living without payment of rent in the said house which belonged to one Bhim Sen who was a brother-in-law of Jia Lal, but who on account of relations having meanwhile strained? had begun demanding rent for the accomodation for the last three years. The shop was allotted to Bansi Lal who was a lessee thereof. He started business in that shop in the partnership of one Jewat Ram. They fell foul with each other and Jewat Ram excluded Bansi Lal both from the business and the shop. After certain negotiations, Jewat Ram agreed to quit the shop and dissolve the partnership if he was paid Rs. 4,400.00 . Bansi Lal could not raise this amount and approached Bhim Sen for hel...
Arm Construction Co. Vs. Union of India
Court: Delhi
Decided on: Apr-09-1979
Reported in: 1980RLR307
Sultan Singh, J.(1) [PETITIONER contracted with Railway for constructing a certain building. Work was completed on 20.9.76. Petitioner was allowed payment of final bill only after he had given 'No claim Certificate' under clause 43 (2) of General Condition of Contract. Petitioner then by letter dt. 31.8.77 asked respondent to appoint an arbitrator and refer to him, his 19 claims. Respondent refused to do this on the plea that petitioner had given 'No claim Certificate' Along with final bill. Petitioner applied to Court u/s 20 of Arbitration Act. Respondent took the same plea, to which petitioner replied that the certificate was obtained under pressure and that the respondent after the final bill had made certain unjustified deduction.] After above details. Judgment para 3 onwards is: (2) Under clause 64 of the General Conditions of contract in the event of any dispute or difference arising between the parties as to the construction or operation of the contract or the respective rights ...
Jiwan Lal Seth Vs. P.N. Nagpal and ors.
Court: Delhi
Decided on: Apr-04-1979
Reported in: 15(1979)DLT330; 1979RLR370
Leila Seth, J.(1) This second appeal is directed against the judgment and order of the Rent Control Tribunal, Delhi dated 1st February, 1973. (2) The facts in brief, are that the appellant took a room on the ground floor of premises No. A-430, defense Colony, New Delhi on a monthly rental of Rs. 150.00 . He was running his business under the name and style of M/s. Seth Estates Agency therein. No lavatory, bath room or kitchen or any other facility was attached to this room. On 3rd June, 1963 arent note was executed which is Exhibit A-9 which mentions that the room has been taken for residential purposes. The landlord was one Girdhari Lal predecessor of the respondents. (3) Girdhari Lal filed an ejectment petition dated 27th December, 1965, against the appellant mainly on the ground of misuse etc. This was suit No. 43 of 1965. On 10th October, 1966 Girdhari Lal filed another petition for ejectment being suit No. 366/66. On 20th June, 1967, Girdhari Lal died. On 20th September, 1967, the...
Venkataswami Vs. the State
Court: Delhi
Decided on: Apr-03-1979
Reported in: 16(1979)DLT54
0.N. Vohra, J. (1) This is an appeal by Venkataswami (40) son of Chinna Swami, resident of Sector I, R. K. Puram, New Delhi, who was convicted under section 302 of the Indian Penal Code and sentenced to imprisonment for life. (2) Briefly, the facts are that on May 25, 1975 Rajan (Public Witness 3), Assistant Manager of Madras Coffee House run in Shop No. 4, Sector I, R. K. Puram, New Delhi informed Police Post Sector, 4 R. K. Puram, New Delhi, at 10.40 p.m. that a knifing incident had occurred in his hotel at 10.30 p.m. Constable Chiranji Lal was sent to the spot and a copy of the report was forwarded to Sub Inspector Dalip Singh (Public Witness 21), who happened to be on patrol duty at that time. Sub Inspector Dalip Singh rushed to the Coffee House and found that the injured had been removed to the Safdarjung Hospital. Accordingly, he went to the Safdarjung Hospital and approached the doctor for seeking permission for recording statement of Ram Raj, the injured, but the doctor declare...
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