Delhi Court August 1979 Judgments
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Usha BhasIn Vs. Competent Authority
Court: Delhi
Decided on: Aug-30-1979
Reported in: 17(1980)DLT353; 1980RLR84
S. Ranganathan, J. (1) This is a petition under Article 227 of the Constitution of India seeking to revise an order passed by the Competent Authority on 25-5-1973 under Section 19 of Slum Areas (Improvement & Clearance) Act (hereinafter referred to as the 'Act'), granting permission to the second respondent in the writ petition to institute eviction proceedings against the 4th respondent in respect of the back portion of shop No. 1515/70 Shanker Niwas, Bhagirath Place, Delhi.(2) The main premises belongs to the Life Insurance Corporation of India, the second respondent in this writ petition (hereinafter referred to as the landlord') had taken the shop on rent from the Life Insurance Corporation of India. It is common ground that the landlord let out the back portion of the premises in 1951 to M/s Bhagwan Dass & Company which was admittedly a partnership firm at the relevant time. On 8-5-1971 the landlord desired to evict the said tenant and hence filed a petition for permission to inst...
Commissioner of Sales Tax Vs. Puran Chand and Sons
Court: Delhi
Decided on: Aug-27-1979
Reported in: [1981]48STC284(Delhi)
Prakash Narain, AG. C.J.1. Both these references will be answered by the common judgment which we render.2. The respondent-firm is doing the business of wholesale and retail distribution of general merchandise including sugar. It is registered as a dealer. For the year 1965-66, the respondent filed its return of turnover on examination of which it was called upon to prepare a list of sales of icing sugar. A statement was prepared on 30th December, 1967. According to that statement, the dealer had sold icing sugar locally to the tune of Rs. 2,396.45 during the assessment year. The dealer had contended that the sales of sugar were exempt from taxation, as sugar fell under entry No. 9 of the Second Schedule to the Bengal Finance (Sales Tax) Act, 1941, as extended to the Union Territory of Delhi. The Sales Tax Officer, however, took the view that as starch was mixed with icing sugar it became a different commodity and the sales attracted taxation at 5 per cent. The dealer felt aggrieved by...
G.C. Sharma Vs. Municipal Corporation of Delhi
Court: Delhi
Decided on: Aug-24-1979
Reported in: ILR1979Delhi771b
Avadh Behari Rohatgi, J. (1) The appellant, Shr G.C Sharma, is a qualified chartered architect. Municipal Corporation of Delhi (Corporation), respondent No. 1, is a statutory body constituted under the Delhi Municipal Corporation Act, 1957 (the Act). According to the rules and bye-laws of the Corporation a building plan accompanying an application for sanction to build has to be prepared by a draftsman licensed by the Corporation. The appellant, thereforee obtained a license from the Corporation. The license which had been granted to the appellant in the month of March 1962, was in force up to the end of September 1962. IN1962 the appellant submitted plans for the construction of a church on behalf of Delhi Diocesan Trust Association, Delhi. These plans were rejected. On July 31, 1962, he was asked to explain why disciplinary action should not be taken against, him for submitting a plan. contrary to bye-laws and causing 'unnecessary harrasment' to the Delhi Diocesan Trust by his carele...
Rameshwar Dayal Vs. Devi Sahai Prabhu Lal and ors.
Court: Delhi
Decided on: Aug-23-1979
Reported in: 17(1980)DLT33
Leila Seth, J. (1) This appeal is directed against the order of Shri Mohinder Pal, Sub-Judge 1st Class, Delhi, dated 27th February 1976. (2) The case brings within its compass two families. The family of Beej Raj and the family of Devi Sahai. Ram Sahai Mal and Meena Ram were sons of Beej Raj. There was another son Bhagirath Mal who died earlier. Bhagirath Mal's sons are Rameshwar Dayal and Hira Lal. During the pendency of the proceedings, the elder brother Ram Sahai Mal also died and his heirs and legal representatives were made parties. In the other family, Mohan Lal and Banwari Lal are the sons of Devi Sahai. Meena Ram is the father-in-law of Banwari Lal. (3) A matter pertaining to the firm of M/s. Ram Sahai Mal Rameshwar Dayal, Narnaul, Haryana and the firm of M/s. Devi Sahai Prabhu Lal, Katra Tambacco, Delhi was referred to the arbitration of one Shri Kulwant Rai Gupta, Advocate. The arbitration agreement was dated 24th March, 1967. On behalf of M/s. Ram Sahai Mal Rameshwar Dayal o...
Municial Corporation of Delhi Vs. Ramesh Chander and anr.
Court: Delhi
Decided on: Aug-22-1979
Reported in: ILR1979Delhi499
Avadh Behari Rohatgi, J.(1) On September 28, 1963, a house bearing No. 1349 situated in Gali Khan Khannawali, Phatak Habash Khan, Delhi collapsed. The adjoining property was house No. 1334. Some of the debris of house No. 1349 fell on property No. 1334. As a result the ceiling and some portions of property No. 1334 also caved in. The wife of the plaintiff-respondent Ramesh Chander was buried in the malba of property No. 1349 and 1334. She was a young women of 24. The fire brigade was immediately called. After great efforts the dead body of the plaintiff's wife was taken out. (2) The plaintiff was tenant in house No. 1334. As a result of this catastrophe he sustained great loss. His wife died. His movables were damaged. (3) On January 14, 1964, after serving notice on the Union of India and the Municipal Corporation of Delhi Ramesh Chander brought a suit against them in forma paupris to recover Rs. 25,000 for the damage he had suffered. Both the defendants contested the suit. They denie...
J.N. Electricals (India) Vs. President Electricals
Court: Delhi
Decided on: Aug-20-1979
Reported in: ILR1980Delhi215
Yogeshwar Dayal, J.(1) This is a suit against infringement of registered design of electric toaster of the plaintiffs, for passing off and rendition of accounts and damages.(2) The plaintiffs are M/s. J. N. Electricals (India) a partnership firm, manufacturing various electrical goods, including electric toaster for the last so many years.(3) The plaintiffs started manufacturing and selling electric toaster of a design which they got registered vide No. 140873 dated April 23, 1973.(4) It is alleged in the plaint that apart from distinctive features of the electric toaster of the plaintiffs, the shpe, configuration, upper view and side view of the plaintiffs' toaster are new and original and protected under the Designs Act, 1911 (hereinafter called 'the Act').(5) It is further averred in the plaint that the arrangement of the outer sheet of the plaintiff's toaster has been made into two sheets which is quite novel. The upper portion of the said sheet is approximately 1/3rd and the lower...
Shanti Devi Vs. Uttam Parkash Bansal
Court: Delhi
Decided on: Aug-16-1979
Reported in: 17(1980)DLT63
V.S. Deshpande, C.J.(1) This appeal is by the wife and the cross-objections by the husband. Two suits were filed by the wife against the husband for maintenance. Suit No. 507 of 1968 was for maintenance from 13.5.1963 to 31-3-1966 and Suit No. 148 of 1967 was for maintenance from 1.4.1966 to 31.12.1970. The two suits were decided together by the learned single Judge who awarded maintenance to the wife at the rate of Rs. 300.00 per month till the 31st December, 1,970 and Rs. 450.00 thereafter from January, 1971. The wife has appealed for an increase in the quantum of maintenance, while the husband has filed cross-objections denying the right oft he wife to separate maintenance and also pleading that the amount of maintenance granted should be reduced.(2) The two main questions argued before us related firstly to the right of the wife to separate maintenance and secondly to the quantum of maintenance to be allowed to her.(3) As to the right of maintenance, sub-section (2) of Section 18 o...
Delhi Development Authority Vs. Principal, Vocational Training College ...
Court: Delhi
Decided on: Aug-16-1979
Reported in: ILR1980Delhi1082
O.N. Vohra, J.(1) This appeal is directed against the judgment dated December 19, 1973 of Shri Prem Sagar, Judicial Magistrate 1st Class, Delhi whereby the Principal, Vocational Training College and Surjit Malhan, Secretary of the institution, hereinafter referred to as respondents, were acquired of the charge under Section' 14 read with Section 29(2) of the Delhi Development Act, 1957, hereinafter called 'the Act'. (2) Briefly, the facts are that Ramesh Chandra, Sectional Officer of the Delhi Development Authority, hereinafter referred to as 'the Authority', inspected building No. J-30, New Delhi South Extension, Part-1, New Delhi, and found that Vocational Training College for Women was being run on the ground floor while the first floor was being used as hostel. The respondents, who were in charge of the institution and persons responsible to conduct the affairs thereof, were directed to vacate the non-conforming user of the building on the ground that the building fell within the r...
Bhagwan Singh Vs. State
Court: Delhi
Decided on: Aug-10-1979
Reported in: 17(1980)DLT130
V.D. Misra, J.(1) Bhagwan Singh appellant has been convicted under section 302 Indian Penal Code, for the murder of Ram Babadur Thapa and sentenced to imprisonment for life by Mr. K.B. Andley, Additional Sessions Judge, Delhi. The appellant has also been convicted under section 25 of the Arms Act and sentenced to rigorous imprisonment for six months with a. direction that both the sentences are to run concurrently. Bhagwan Sing happeals against his conviction and sentences.(2) The appellant lives in Gali Paharwali, Pahari Dheeraj, Sadar Bazar, Delhi. One 0m Parkash alias Khalifa deceased also used to live in the same locality. Khalifa and the appellant were at daggers drawn. Khalifa was murdered and the appellant was prosecuted for this murder. Ram Bhadur Thapa (deceased) and his brother Krishan Bahadur Thapa Public Witness Pw, who were living in Gali Jattan nearby, used to go to court with the supporters of Khalifa deceased to watch appellant's trial. The appellant was acquitted in th...
Surinder Singh Vs. State
Court: Delhi
Decided on: Aug-10-1979
Reported in: 17(1980)DLT52
V.D. Misra, J.(1) Surinder Singh alias Billu has been convicted by an Additional Sessions Judge, Delhi, under Section 302, Indian Penal Code, and has been sentenced to imprisonment for life and a fine of Rs 5,000.00 with a direction that in case the fine is realised it shall be paid as compensation to the widow of the deceased. In default of payment of fine he has been directed to suffer further rigorous imprisonment for five years. He has also been convicted under Section 452, Indian Penal Code, and sentenced to rigorous imprisonment turn five years. The substantive sentences have been directed to run concurrently. He challenges the convictions and sentences by this appeal. (2) House No. 448 B, Majlis Park, Delhi, is a barrack divided into 6 roomes. In one of the rooms lives Mst. Kesar. In another room lives Kesar's sister. Two rooms intervene between these rooms. Mst. Kesar was married to Amar Singh, whereas her sister is married to Ram Singh. At one time Ram Singh was running a dair...
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