Delhi Court October 1980 Judgments
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Municipal Corporation of Delhi Vs. Amrit Lal
Court: Delhi
Decided on: Oct-31-1980
Reported in: 1981CriLJ422
Avadh Behari Rohatgi, J.1. This is an appeal by the Municipal Corporation of Delhi (Corporation) from an order of acquittal passed in favor of the respondent by the Metropolitan Magistrate, Delhi dated 28th August, 1978. 2. A complaint was filed by the Corporation against the respondent under Sections 4 and 16 of the Prevention of Corruption Act, 1954 in the court of the Magistrate. This was a done on behalf of the Corporation by Shri R. N. Gujral, Assistant Municipal Prosecutor. The learned Magistrate acquitted the respondent. From his decision the Corporation appeals to this Court. 3. Mr. Monga on behalf of the Municipal Corporation does not dispute that this appeal was not filed within 60 days. It was filed much after the period of 60 days. Now sub-section (5) of Section 378 of the Code of Criminal Procedure, 1973, provides that : '(5) No application under sub-section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after...
Commissioner of Income-tax, Delhi (Central) Vs. Northern India theatre ...
Court: Delhi
Decided on: Oct-31-1980
Reported in: [1981]128ITR497(Delhi)
Kapur, J.1. ITR No. 53 of 1969, which is being dealt with in this judgment, concerns assessment year 1961-62. This reference has been heard along with a number of other reference concerning the same assessed for subsequent years. Those reference are ITR Nos. 23, 24, 25, of 1974 concerning which there is a consolidated reference, ITR No. 59 of 1974, ITR No. 62 of 1974 and ITR No. 153 of 1975. The main question is common to all the years, so this judgment will substantially cover the subject matter of the other references also. 2. The assessed is a private limited company incorporated on 20th December, 1955, for carrying on the business of cinema and allied business. The cinema house known as 'Naaz Cinema' was constructed during the accounting years ending 31st October, 1959, on a plot sub-leased from M/s. Raisina Cold Storage and Ice Co. Ltd., New Delhi. Sub-sequently, one Shri Hari Singh Dabra gave an interest-free loan of Rs. 1,00,000 to the assessed to meet the cost of completion of ...
Sunder Devi Vs. Brij Lal and ors.
Court: Delhi
Decided on: Oct-31-1980
Reported in: AIR1981Delhi208; ILR1981Delhi144
D.R. Khanna, J. (1) These two consolidated suits bearing Nos. 333 and 334 of 1970, were brought by Smt. Sunder Devi in May, 1959 for rendition of accounts of two partnership concerns. The first was in the name of M/s. Prem Sukh Das Narsingh Das, cloth commission agents and cloth merchants, Nai Sarak, Delhi. There were three partners in it, namely, Mela Ram, Kedar Nath who were brothers, and Brij Lal who their nephew. Mela Ram died on 2-5-1956, and on his death the partnership stood dissolved by operation of Law as there was no saving clause in the partnership deed that the death of any partner would not result in dissolution. The plaintiff is the daughter of Mela Ram, and claims to be his heir, and as such entitled to rendition of accounts.(2) Of the other two partners, Kedar Nath died on 6-5-1956, leaving behind two sons, namely Ghanisham Dass and Hanuman Prasad. Hanuman Prasad claims to be the adopted son of Mela Ram, and on this ground sought to defeat the plaintiff's claim. This ca...
Vijay Automobiles Vs. Union of India, Etc.
Court: Delhi
Decided on: Oct-31-1980
Reported in: AIR1981Delhi51; 19(1981)DLT52; 1981RLR135
D.K. Kapur, J.(1) The petitioner brought a suit for the recovery of Rs. 391.00 on the allegetion that some goods were booked from Delhi to Tatanagar by parcel way bill No. 536363 but did not reach destination. Before the suit was filed, a notice was given under section 80 of the Code of Civil Procedure read with Section 78B of the Indian Railways Act. (2) It appears that at the hearing of the suit before the Additional Judge, Small Cause Court a contention was raised that the notice under Section 78 B of the Indian Indian Railways Act and Section 80 of the Code of Civil Procedure was invalid which has been accepted on the ground that the notice stated that the goods had been dispatched from Delhi Railway Station whereas they had been booked from Delhi Sabzimandi City Booking Agency. It was held that because proper particulars were not given, the defendant did not make the necessary enquiry. (3) I have heard learned counsel for the parties. The question whether the notice is invalid and...
Madan Lal Bhatia Vs. Rattansehgal
Court: Delhi
Decided on: Oct-31-1980
Reported in: 18(1980)DLT513; 1981RLR22
N.N. Goswanai, J. (1) This petition under article 227 of the Constitution, of India, is directed against the order dated 3.3.1980 passed by the 3rd Addl. Rent Controller under Section 15(2) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act'). The brief facts leading to 'this petition are, as under. (2) The respondent-landlord filed an eviction petition under Section 14(1) (e) read with Section 25-B of the Delhi Rent Control (Amendment) Act, 1976 for the recovery of possession. The petitioner-tenant filed anapplication for leave to contest under Section 25-B(5) raising various questions of law and fact. The leave to contest was granted by order dated 20.2.1978. During the pendency of the proceedings the respondent-landlord moved an application under Section 15(2) of the Act on 8.1.1979. The said application was contested on various grounds and finally it was allowed by order dated 3.3.1980 and the petitioner herein was directed to deposit the arrears of rent and f...
S.N. Bhatia Vs. Y.D. Sharma
Court: Delhi
Decided on: Oct-30-1980
Reported in: 1981(2)DRJ51; 1981RLR100
Sultan Singh, J. (1) This is second appeal under section 39 of Delhi Rent Control Act, 1958 (hereinafter called the Act) challenging the order dated 1-5-80 of the Rent Control Tribunal confirming the order of the Additional Rent Controller dated 30-1-80 and finally maintaining that the appellant is liable to be evicted from plot No. B-15 Kailash Colony under section 24 of the Act. The controller and the Tribunal have concurrently come to the conclusion that the landlord is ready and willing to commence with the work on the said plot and that no undue hardship would be caused to the appellant-tenant. The learned counsel for the appellant contends that there is no vacant land. A reference to the plan shows that the major portion of plot No. B-15 is an open land and there is building on plot No. 16. Admittedly, the appellant has been a tenant with respect to the entire land on plots No. 15 and 16 together with the strucrure on plot No. 16 and some structure on plot No. 15. The remaining p...
Western Manufacturing Co. Ltd Vs. Deepak Industries Ltd. and ors.
Court: Delhi
Decided on: Oct-29-1980
Reported in: ILR1981Delhi156
D.R. Khanna, J. (1) On an application moved under Sections 14 and 17 of the Arbitration Act by the Western . Delhi, the award delivered by two Arbitrators appointed by the Indian Chamber of Commerce, Calcutta was filed in Court. It pertained to disputes and differences between the petitioner and the respondent namely the Deepak Industries Ltd. arising under an agreement of agency inter-se them of the date 22nd December 1963 by which the petitioner had become the sole selling agent of the respondent for the gear-boxes manufactured by the latter's engineering unit 'New Allenbery Works' for the territories of Delhi, U.P. Pepsu, Himachal Pradesh, Rajasthan and Punjab.(2) This award was initially filed by the Arbitrators in a civil court at Calcutta but an objection was raised by the present petitioner there that since the present pro- ceedings under Sections 14 and 17 of the Arbitration Act had commenced earlier in the Delhi Court, the award could be filed here. This contention was accepte...
Delhi Development Authority Vs. Punjab National Bank and anr.
Court: Delhi
Decided on: Oct-29-1980
Reported in: 19(1981)DLT353; 1981RLR4
Avadh Behari Rohatgi, J. (1) Whore there is no vision, the people perish. (Bible O.T. Xxix : 18). In 1957 the Parliament passed the Delhi Development Act (the Act). It came into force on December 30, 1957. The Act set up a corporate body known as the Delhi Development Authority (D.D.A.) to ensure planned development of this fast expanding city of Delhi. The object of D.D.A. is 'to promote and secure development of Delhi according to plan' (s. 6). The Act required D.D.A. to carry out, as soon as may be, a civic survey and to prepare a Master Plan for Delhi (the Plan). The civic survey was carried out. The Plan was prepared. It came into force on September 1,1962. The Plan, the Act says, shall serve as 'a basic pattern of framework' within which the proper development of Delhi in to be carried out. An image of the future is the core of this Plan. The planners are trying to express the vision in terms of recognisable subject matter. They vision what was once a tiny town as the future metr...
Bharat Metal Industries Vs. Shri T.P. Singh, Secretary, Ministry of Fi ...
Court: Delhi
Decided on: Oct-28-1980
Reported in: 1981(8)ELT716(Del)
1. This petition under Article 226 of the Constitution of India seeks the quashing of the orders dated June 27, 1966, September 30, 1967 and January 27, 1969 passed by the Authorities under the Customs Act, 1962. 2. The facts lie in a narrow compass and are not in dispute. M/s. Bharat Metal Industries, petitioner herein, was authorised to import 'Prime Stainless steel sheets/strips/circles other than 21 to 25G' of the value of C.I.F. in Rs. 1,00,000/-. The license dated February 5, 1966 was granted by the Iron and Steel Controller under the Government of India, late Ministry of Commerce and Industry order No. 17/55 dated December 7, 1955 issued under the Imports and Exports (Control) Act, 1947. The license was for the licensing period April to June, 1965 and was valid for shipping up to February 28, 1967. On the basis of the said license, the petitioner imported stainless steel sheets of the value of Rs. 99,715/- from Japan. When the goods arrived in India, it was found that they were ...
Manjula Bhargava (Manjula Pandit) Vs. Bharat Bhushan Bhargava, Etc.
Court: Delhi
Decided on: Oct-28-1980
Reported in: ILR1980Delhi1535
O.N. Vohra, J.(1) This judgment would dispose of L.P.A. Nos. 43 and 45 of 1980 arising out of judgment dated January 23, 1980 of Sultan Singh J. whereby Bharat Bhushan Bhargava was granted probate of Will made by Shri Ram Bhargava on May 18, 1976 and got registered on the same date. (2) Briefly, the facts are that Shri Ram Bhargava, advocate on the taxation side, had no issue of his own. He took in adoption Ashok Bhargava, son of his wife's sister but shortly after the ceremony, Ashok Bhargava went back to his natural parents and did not recognise his adoptive parents. He also brought into the house Manjula Bhargava (now Mrs. Manjula Pandit), shortly, Manjula, sister of Ashok Bhar- gava, gave her education and married her by treating her as his daughter. Smt. Sarla Bhargava, his wife, who pre-deceased him, made a registered Will on June 8, 1971 bequeathing all her properties to her husband except, of course, jewellery lying in safe deposit Vault of Punjab National Bank to Manjula. (3) ...
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