Delhi Court May 1979 Judgments
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K.R. Goel Vs. S.N. Sarkar
Court: Delhi
Decided on: May-07-1979
Reported in: 1979RLR530
S.S. Chadha, J.(1) This second appeal under the Delhi Rent Control Act, 1958 is directed against the order of October 10,1977 passed by Rent Control Tribunal Delhi in appeal maintaining the order of the Additional Rent Controller, Delhi under Section 14(1)(k) read with Section 14(11) of the Delhi Rent Control Act, 1958. (2) The respondent-landlord filed a petition for eviction on the ground covered by clause (k) of the proviso to sub-section (1) of Section 14 of the Delhi Rent Control Act, 1958 (hereinafter referred to as the Act) pleading that the premises comprising of two bed rooms, kitchen, bath and one garrage locked on the ground floor of house No. 1782 M.P. D.P. Colony Kalkaji, New Delhi let out initially to M/s Goel Hardware and Sanitary Stores of which Shri K.R. Goel was one of the partners for residential purposes but the premises were used for commercial purposes and on an objection being raised to the said misuser, the partners of the said firm terminated the lease with eff...
Bharat Commerce of Industries Ltd. Vs. Union of India (Uoi) and ors.
Court: Delhi
Decided on: May-07-1979
Reported in: 1979CENCUS447D; 1979(4)ELT527(Del)
S. Ranganathan, J.1. These are two connected writ petitions raising the same issues. The petitioner is the Bharat Commerce and Industries Ltd. (hereinafter referred to as 'the assessed') carrying on the business of spinning yarn at its mills situated in Maharashtra, Punjab and Madhya Pradesh. It manufactures mixed yarn from synthetic staple fibre of cellulosic origin and wool containing 35% wool and 65% of cellulosic staple fibre. The two writ petitions arise out of the levy of central excise duties in respect of the production of its two factories, one at Rajpura (Punjab) and the other at Nagda (Madhya Pradesh).2 The facts are as follows : Under Rule 9 of the Central Excise Rules, 1944, the assessed is required to pay excise duty on the yarn manufactured by it before the yarn is removed from the premises of its mills. In the present case, the excise duty, between March 1967 and 8-5-67, was paid by the Rajpura Unit of the assessed under Seriall No. 4 of a notification No. 194/66, dated...
Shrik R. Raghavan Vs. Union of India Etc.
Court: Delhi
Decided on: May-04-1979
Reported in: ILR1979Delhi1; 1979LabIC1294; (1980)ILLJ463Del
V.S. Deshpande, C.J.(1) The relevant facts of this case are few but they give rise to some questions of law which are important and yet not covered by judicial decisions. Hence the reference to the Full Bench. Initial Appointment Of Respondent NO. 6 And His Subsequent Appointment As INCOME-TAX Officer, Class Ii (2) The Federal Public Service Commission held a combined competitive examination in 1945 to as many as eight Central Services including (1) Indian Audit and Accounts Services, (2) Military Accounts Department, and (3) The Income-tax Officers (Class I Grade II) Service. Shri Ranbir Chandra, respondent No. 6 Qualified in this examination and was appointed to the Emergency Cadre of the Military Accounts Department on the 10th January, 1947 by a gazette notification dated 22nd February, 1947. He was also made to execute a contract of service which was to continue initially for three years and subsequently on like terms and conditions until terminated by three months' notice. In 195...
Kewal Ram Mool Chand Anand and ors. Vs. S.N. Kapoor and ors.
Court: Delhi
Decided on: May-04-1979
Reported in: 16(1979)DLT93
S.S. Chadha, J.(1) This is a .petition under Article 227 of the Constitution of India seeking the setting aside of the order dated 5th July, 1976 passed by Shri S.N. Kapoor, Additional Rent Controller, Delhi rejecting an application of the amendment of the written statement. (2) The first floor of 2, Malka Ganj, Delhi along with the parking place for car on the ground floor was let out by Shri Kundan Lal Khanna (for short-landlord) to M/s. Mool Chand Chander Bhan and its partners(for shortcalled the tenants) in the year 1954-55 for the residence of Shri Kundan Lal Bhasin at arent of Rs.l60.00 per month. On 18th December, 1970; the landlord filed an application for eviction of the tenants on the ground of non-payment of rent and sub-letting or otherwise parting with possession infavor of M/s. Macka Hard Private Ltd. and Shri Kundan Lal Bhasin. In the-joint written statement, a plea was taken that the premises in question were initially let out to M/s. Mool Chand Chander Bhan, apartnersh...
Pushpa Devi Vs. Om Perkash
Court: Delhi
Decided on: May-04-1979
Reported in: 1979RLR441
S.B. Wad, J.(1) This is the landlady's second appeal against the order of the Rent Control Tribunal, Delhi dated May 1, 1973. (2) The original petition for eviction of the tenant was filed by the landlady under section 14(1)(c) and 14(1)(j) of the Delhi Rent Control Act. The landlady lost in the court of the Rent Controller and the Tribunal and hence the present appeal. (3) From the evidence on the record I find that the landlady has failed to prove that the tenant had caused substantial damage to the suit premises. The Rent Controller and the Tribunal were right in refusing the eviction on this ground. The order of the tribunal on ground 14(1) (j) is thereforee, confirmed. [Sec. 14(l)(c) and Section 14(5) of the Delhi Rent Control Act, 1958 are reproduced in para 4 .1. (4) The material averments regarding the ground of eviction under section 14(l)(c) and section 14(5) in the landlord's application and the tenant's reply are as follows : The suit premises consisting of two rooms; one k...
Om Parkash Vs. State
Court: Delhi
Decided on: May-03-1979
Reported in: 1979CriLJ141; 16(1979)DLT281
V.D. Misra, J. (1) Om Parkash alias Omi and Chuni Lal have been convicted under section 302/34, Indian Penal Code, and each of them has been sentenced to imprisonment for life by Mr. R. L. Gupta, Additional Sessions Judge, Delhi. Separate appeals challenging the convictions have been filed by Om Parkash and Chuni Lal. These are being disposed of by this judgment.(2) The prosecution case, in brief, is this. On the night of February 3, 1977 Head Constable Dhara Singh and Constable Ram Datt were patrolling their area on a motor-cycle. At 11.00 or 11.15 P.M. on their way to the car parking area of Ajmeri Gate from Turkman Gate they saw the appellants chasing Puran Singh (deceased), Om Prakash alias Omi appellant was carrying an open knife in his hand while Chuni Lal appellant was unarmed. Chuni Lal overtook Puran Singh near the iron railing of the parking area and gave first blows on his face. In the meantime Om Parkash reached there. Chuni Lal shouted 'Omi mar chakoo', whereupon Omi gave ...
D.L.F. United Pvt. Limited Vs. Union of India
Court: Delhi
Decided on: May-03-1979
Reported in: ILR1979Delhi771
Avadh Behari Rohatgi, J. (1) These are four appeals from a common judgment dated 22nd November, 1968. Two appeals are by the owner, D.L.F. United Private Limited. The other two are cross-appeals of the taker of the land, the Union of India. This judgment will govern them all. The facts : (2) D.L.F'S land was acquired pursuant to a notification under Section 4 of the Land Acquisition Act 1894 (the Act). Out of 319 Bighas 12 bids was of land situated in Village Bahapur which was acquired, D.L.F. owned an area of 81 Bighas 17/60 bids was which is the subject of appeal in R.F.A. 128/69 and 30 Bighas 94/15 bids was which is the subject of appeal in R.F.A. 127/69. In due course the Land Acquisition Collector made the awards (Nos. 1387 & 1421). He awarded Rs. 2,000 per bigha to D.L.F. (3) Displeased with the award D.L.F. sought reference to the civil court for the proper determination of compensation under Section 18 of the Act. On reference the Additional District Judge varied the award of t...
Shantidevi Vs. State
Court: Delhi
Decided on: May-02-1979
Reported in: ILR1979Delhi183
O.N. Vohra, J. (1) This is an appeal by Shanti Devi (55), widow of Patti Ram, resident of House No. 2589, Bagichi Raghunath, Sadar Bazar, Delhi, who was convicted under Section 302 of the Indian Penal Code and sentenced to life imprisonment by judgment dated February 28, 1976 of the Additional Sessions Judge, Delhi, for having murdered her daughter-in-law. (2) Briefly, the facts preceding the actual occurrence which took place on February 26, 1975 are these. Sham Wati, a young Harijan girl of Manakpura, Delhi, was married to Ved Raj on April 26, 1974. After staying with her husband for about 15 days, she went to her parental home and complained to her mother, Shanti Devi (Public Witness 12), that her husband was impotent and her in-laws had treated her with cruelty. Sham Wati remained with her parents for about seven months. During that period it was suggested to Ved Raj and his mother, the appellant, that her people would extend a helping hand in seeing that Ved Raj gets cured of his ...
Mohinder Kaur Vs. Rajinder Singh Juneja
Court: Delhi
Decided on: May-02-1979
Reported in: 18(1980)DLT27
Avadh Behari Rohatgi, J.(1) This is a wife's appeal against the order of the Additional District Judge, dated 21st September, 1978. (2) The parties were married on November 10, 1973. Soon there were disputes and quarrels. The wife alleges that when she went to her husband's house she came to know that the husband had a living spouse Smt. Hardeep Kaur by name who was married to him in November 1966. (3) On May 17, 1974 the wife filed a petition (which was subsequently amended) under Sections 11, 12, 13(l)(l A.) of the Hindu Marriage Act as amended by the Marriage Laws (Amendment Act) 1976 (the Act). In the petition three alternative prayers were made in these terms : 'THATthe petitioner, thereforee, prays as under : (a) that the marriage solemnised between the petitioner and the respondent (Sardar Rajinder Singh) being null and void respondent already having a living spouse, may be so declared by this Hon'ble Court by a decree of nullity; (b) that the marriage between the petitioner and...
L.R. Sharma Vs. Delhi Administration and ors.
Court: Delhi
Decided on: May-02-1979
Reported in: ILR1979Delhi340
H.L. Anand, J.(1) This petition under Article 226 of the Constitution of India by a former Principal of a Government recognised and aided school is directed against the action of the management of the school declining to give effect to the petitioner's communication withdrawing his letter seeking voluntary retirement and treating him as having relinquished his post. The petition has been filed in the following circumstances: (2) The petitioner joined Shri Mahavir Jain Higher Secondary School, a Government recognised and aided institution in 1951 as P.G.T. (English) and was promoted as acting Principal in 1966 and continued to act as Principal until February 1968. Pursuant to a selection for appointment to the post of Principal, the petitioner was appointed as Principal of the school in August 1970, and was working in that capacity during the material period. It has been a common case of the parties that before the coming into force of the Delhi Education Act, 1973, for short, the Act, ...
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