Delhi Court September 1979 Judgments
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Vikas Manufacturing Co. Vs. Bharat Manufacturing Co.
Court: Delhi
Decided on: Sep-28-1979
Reported in: 17(1980)DLT30
Harbans Lal, J.(1) Respondent is manufacturing locks under trade name Bemco and got this mark registered under Trade & Merchandise Marks Act in 1972 and also got label with words 'BEMCO Kamal TAL' registered under copyright and design Acts. Alleging that be noticed on 23.11.78, that appellant was infringing his trade mark by using a deceptively similar trade mark (VEMCO), he sued him on 24.11.78 and also filed an application for interim injunction. The defendant did not file any reply to this application and Addl. Distt Judge granted interim injunction. Appellant appealed to High Court claiming that he was using his mark of Vemco since long and also that the label used by him on his cartons was registered on 16.9.78. and that he had applied for registration of his trade mark. The respondent contended that appellant's application for registration had been dismissed in May, 1979 and cancellation of his registration of label (of 16.9.78) was pending. Appellant stressed that plaintiff's re...
Delhi Cloth and General Mills Vs. Municipal Corporation of Delhi and o ...
Court: Delhi
Decided on: Sep-28-1979
Reported in: ILR1981Delhi846
S.S. Chadha, J. (1) Civil Writ 1321178 and Civil Writ 24179 raise common questions relating to the validity of title levy of the tax by the Municipal Corporation of Delhi payable by the consumers of electricity on energy generated by themselves within the area of the Corporation. (2) An Act to consolidate and amend the law relating to the Municipal Corporation of Delhi was enacted by Parliament in Delhi Municipal Corporation Act, 1957 (hereinafter referred to as the Act). The relevant provisions for the purposes of disposal of these cases are briefly these. Section 42 of the Act lays down the obligatory functions of the Municipal Corpora'ion of Delhi (hereinafter referred to as the Corporation). Section 43 lays down the discretionary functions of the Corpora'ion. The provisions relating to revenue and expenditure are contained in Sections 99 to 112 in Chapter VII. Section 99 provides for the constitution of the Municipal Fund. All moneys raised by tax, rate or cess levied, for the purp...
Kiran Arora Vs. Ram Parkash Arora and anr.
Court: Delhi
Decided on: Sep-27-1979
Reported in: AIR1980Delhi99; ILR1980Delhi61
T.P.S. Chawla, J.(1) Chand Kiran Arcra was married to Kiran Arora (nee Khanna) on 5th December, 1970. They had two children: a son was born on 1st October 1971, and a daughter on 2nd November 1973. On 3rd January 1974, Chand Kiran died. After his death, his wife and two children continued to reside in the house at BF-27, Tagore Garden, New Delhi, along with his parents and other members of the family, as they had done when he was alive. The house stood in the joint names of Chand Kiran and his brother Kanwal Kishore. Besides this, Chand Kiran was also a partner in a firm started by his father Ram Parkash Arora.(2) It appears that a few months after the death of Chand Kiran, his wife began to claim his property for herself' and her children. This antagonised Ram Parkash Arora, and the relations between them became very strained. Ultimately, on 1st June 1974, Kiran Arora left the house with her two children and went to stay with her father in his house at Jawahar Nagar, Delhi. She and he...
Union of India and ors. Vs. Madan Lal Sethee
Court: Delhi
Decided on: Sep-26-1979
Reported in: ILR1979Delhi312
V.D. Misra, J.(1) Whether the appellate authority considering an appeal under Rule 27(2) of Central Civil Services (Classification, Control and Appeal) Rules, 1965, is required to pass a speaking order ISthe question raised in this letters patent appeal.(2) The relevant material facts are these. The respondent is a Government servant. He was placed under suspension on November 4, 1970. The same day he was charged for misconduct and enquiry was held against him under Rule 14 of Central Civil Services (Classification, Control and Appeal) Rules, 1965, (referred to as 'the Rules'). On May 5/6, 1972 appellant No. 3 passed an order removing the respondent from service with effect from May 6, 1972. The respondent preferred an appeal to appellant No. 2 who by his order dated January 4, 1973 converted the order of removal from service into one of reduction in rank. The respondent challenged this order by a petition under Article 226 of the Constitution of India. Various contentions were raised ...
income-tax Co-operative Supply Society Ltd. Vs. the Commissioner of Sa ...
Court: Delhi
Decided on: Sep-26-1979
Reported in: [1980]46STC433(Delhi)
1. This judgment will dispose of Sales Tax References Nos. 6 to 11 of 1976, Sales Tax References Nos. 5 to 11 of 1974 and Sales Tax References Nos. 12 to 15 of 1978. All the references have been made to the High Court under the provisions of Sub-section (2) of Section 21 of the Bengal Finance (Sales Tax) Act, 1941, as extended to the Union Territory of Delhi, read with Sections 45 and 73 of the Delhi Sales Tax Act, 1975. The common questions of law which arise for being answered are, though differently framed in different references, whether the transactions of sale effected by the society, namely, sales of various articles by the canteen run by the society, to the members of the society are transactions of sale which attract the levy of sales tax ; and whether in the circumstances of the case the society will be a 'dealer' as postulated by the Bengal Finance (Sales Tax) Act, 1941.2. The Income-tax Co-operative Supply Society Ltd. is registered as a co-operative society under the Bomba...
Bishamber Nath Ram Sarup Vs. Income Tax Officer.
Court: Delhi
Decided on: Sep-26-1979
Reported in: (1980)15CTR(Del)106
: Sachar, J. - This writ petition challenges the notice dated 9-3=1973 issued by Respondent No. 1, the ITO District VI(13) New Delhi, on the ground that income charge able to tax for the asst. yr. 1961-62 has escaped assessment within the meaning of s. 147(a) of the IT Act, 1961 (to be called 'the Act'). A brief reference to the facts leading to this notice by Respondent No. 1 would be helpful in appreciating the points raised. It appears that some time in September 1967some account books alleged to be duplicate books of account came to the possession of CBI which were later on made available to the IT Department. The ITO issued a notice on 25-3-1970 u/s 148 of the Act on the ground that a certain income for the asst. yr. 1961-62 had escaped assessment. In response to the notice u/s 148, a return declaring the net income of Rs. 37,591 was filed. This is the amount at which the assessed had been assessed before the said notice. On the date of hearing no one appeared on behalf of the as...
Municipal Corporation of Delhi Vs. Sunder Dass
Court: Delhi
Decided on: Sep-24-1979
Reported in: ILR1980Delhi50
O.N. Vohra, J.(1) Brief facts leading to this appeal against acquittal are these. On July 9, 1970 at 7.30 a.m. Food Inspector 0. P. Khurana purchased 660 millilitres cow's milk on payment of 75 P. from Sunder Dass, hereinafter referred to as the respondent. who was carrying on Halwai shop at 1150, Teliwara Chowk, Kishan Ganj, Delhi. This was dene after disclosing the identity and intimating the respondent that the purchase was for the purpose of analysis. The Public Analyst to whom one of the three samples, which were prepared in. conformity with the provisions of the Prevention of Food Adulteration Act. 1954. hereinafter referred to as the Act. and the Prevention of Food Adulteration Rules. 1955. hereinafter referred to as the Rules, was delivered on the same date for analysis. found that milk fat was 3.8 per cent and milk solids not fat 8.713 per cent against minimum of 3.5 per cent and 8.5 per cent respectively, as prescribed by Rule A. 11.01.11 of Appendix B of the Rules which lays...
Sukhdev Kumar Vs. Nasim Ansari and ors.
Court: Delhi
Decided on: Sep-21-1979
Reported in: 17(1980)DLT40
S. Ranganathan, J. (1) This revision petition is directed against an order of the Commercial Sub Judge, Delhi dated 6-3-1978. The defendants are the petitioners. The plaintiff had filed a suit against the present petitioners for the recovery of a sum of Rs. 23210.00 based on a Hundi drawn by the plaintiff for a sum of Rs. 19,668,90in respect of goods, dispatched to the defendants, the said hundi having been dishonoured when presented for payment on 30-12-1973. The suit was filed under the provisions of Order Vii of the Code of Civil, Procedure amended by Act 104 of 1976 w.e.f 1-2-1977.(2) It will be convenient at the outset to give a broad outline of the procedure to be followed according to the amended provisions : (a) When a suit is presented under this Order, a summons is issued under Rule 2(2) to the defendant in Form No. 4 of Appendix B. Rule 2(3) provides that a defendant shall not defend the suit 'unless he enters appearance.' In default of his entering an appearance, the allega...
Jasjit Films (P) Ltd. and anr. Vs. Delhi Development Authority and ors ...
Court: Delhi
Decided on: Sep-21-1979
Reported in: AIR1980Delhi83
S.B. Wad, J. (1) The petitioners in these writ petitions under Article 226 of the Constitution have prayed for a mandamus against the Delhi Development Authority (for short D.D.A.) : 1. for restraining the D.D.A. from recovering the ground rent for the plot taken on perpetual lease from the D.D.A. for construction of cinema houses ; and 2. to direct the D.D.A. to carry out and complete the development of civic complex around their cinema houses in ac- cordance with the assurances given to them by the D.D.A.; Writ Petitions Nos. 443 of 1975 and 1041 of 1976 are filed on behalf of the Milan, Cinema at Karampura, Delhi. Writ Petition No. 348 of 1973 is filed on behalf of Deep Cinema at Wazirpur, New Delhi, Writ petition No. 1177 of 1973 is filed on behalf of Payal Cinema Narayana, New Delhi. In support of their claim, the petitioners have relied on the principles of promissory estoppel. (2) Since most of the factual averments and the reliefs claimed are common to all the four writ petitio...
Krishna Goods Carriers (P) Ltd. Vs. Union of India
Court: Delhi
Decided on: Sep-19-1979
Reported in: AIR1980Delhi92; 17(1980)DLT45
A.B. Rohatgi, J. (1) This is one of those cases which from time to time raise the question of the responsibility of railway authorities for accidents at level crossings.(2) On September 23, 1961 at about 1.30 a.m. in the night a driver of the plaintiff company was driving a mercedes motortruck. That night he and his friend had been to a circus show at Meerut. They were returning to Delhi in their respective trucks. They were proceedings on the main Meerut Delhi road. It is a busy road with much vehicular traffic. On this road between Meerut city and Kharkhoda railway station there is a manned public level crossing. This level crossing has iron gates on both side of the road. There is a cabin and lodging turn the gateman. The practice of the railway was to close the gates when a train was crossing. A red light signal was also provided to warn the approaching public and vehicles to wait till the train passed.(3) When the plaintiff's driver reached the railway crossing he found the gates ...
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