Delhi Court October 1980 Judgments
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Daulat Ram Vs. Som Nath and ors.
Court: Delhi
Decided on: Oct-14-1980
Reported in: AIR1981Delhi354; 19(1981)DLT1; 1981(2)DRJ14
Sultan Singh, J. (1) This is tenants' appeal under section 39 of the Delhi Rent Control Act, 1958 (hereinafter called 'the Act') challenging the orders of the Additional Controller and the Rent Control Tribunal passed under section 15(1) of the Act. The Additional Controller by order dated 27th March, 1974 directed the appellants to pay or deposit within one month arrears of rent at Rs. 35.00 p.m. with effect from 6th February, 1965, and continue to pay or deposit future monthly rent at the said rate by the 15th of each succeeding month. The Tribunal by order dated 21st October, 1975 confirmed the said order. (2) The relevant facts to appreciate the arguments of the parties are: The respondents purchased the property bearing No, 5414 on Plot No. 61, G. B. Road, Delhi on 6th Februaiy, 1965. The appellants who were in possession of one door shop in the said property, by operation of law, became tenants under the respondents with effect from 6th February, 1965. On 25th April, 1971 the res...
Arvind Gupta Vs. University of Delhi and anr.
Court: Delhi
Decided on: Oct-13-1980
Reported in: ILR1981Delhi28
Sachar, J.(1) This petition challenges theaction of the respondent University in not having permilted the petitioner to take sixth semester of the LL.B. Examination because of the shortage of the attendance inlectures. Chapter Ii of Ordinance V of University ofDelhi, Vol. I Calendar (to be called the Calendar) provides for various courses of study including the Bachelorof Laws (LL.B). Ordinance Vii (2) lays down the condition for admission to examinations and provides that nomember of the University shall be admitted to any examination for a post-graduate degree unless he has pursueda regular course of study as hereinafter prescribed fornot less than two academic years. 'The candidates forthe various examinations are required to pursue regularcourse of study as indicated by sub-clause (3) of Ordinance VII. LL.B. has been prescribed three academicyears (six terms). Clause 8 (a) of Ordinance Vii furtherlays down that in case of students studying for LL.B.Degree Examination, no student sh...
Delhi Administration Vs. Gian Singh
Court: Delhi
Decided on: Oct-13-1980
Reported in: 19(1981)DLT104
Avadh Behari Rohatgi, J.(1) This is an application by Delhi Administration to revise the order of the Chief Metropolitan Megistrate dated June 30, 1980. The respondent was arrested in connection with the murder of Bawa Gurbachan Singh and his body guard Pratap Singh. The investigation is still proceeding ; no charge sheet has been filed. (2) In the course of investigation autopsy was performed by the police surgeon, Dr. Bharat Singh. His two post-mortem reports and a medico legal examination report are at present in the custody of the inuestigation agency. The respondent made an application for copies of these documents on the ground that they are public documents and he is entitled to certified copies on payment of requisite fee. The Megistrate has ordered the prosecution to supply copies of the reports. Form his order the Administration has come in revision. (3) The matter first came before Charanjit Talwar J. He referred it to a larger bench in view of the importance of the question...
Shashi Kapur Vs. O.P. Gogne and ors.
Court: Delhi
Decided on: Oct-13-1980
Reported in: AIR1982Delhi245; 19(1981)DLT25
S.S. Chadha, J.(1) This petition under Article 227 of the Constitution of India raises an important question of the jurisdiction of a Civil Court to appoint a Local Commissioner in the exercise of inherent powers under Section 151 of the Code of Civil Procedure. (2) The dispute between the parties relates to premises No. S-231, Panchsheel Park, New Delhi built on a leasehold plot of land. Smt. Sulakshana Malhan (Respondent No. 2) was the exclusive owner of the said premises. She entered into an agreement on September 11, 1976 with the petitioner for letting out the said premises at a monthly rent of Rs. 1200.00 . There are other conditions in the lease agreement with which this Court is not concerned in the present proceedings. The said premises are a single storeyed house. Smt. Mohini Devi (Respondent No. 3) lost her husband leaving behind a minor son and she came back from England to settle in, India. Respondent No. 2 executed a gift deed in favor of respondent No. 3 transferring out...
Hardev Singh Vs. Employees State Insurance Corporation, the Collector ...
Court: Delhi
Decided on: Oct-10-1980
Reported in: 19(1981)DLT35; 1981RLR117
M.L. Jain, J. (1) The inspector of the Employees State Insurance Corporation Shri D. K. Sethi visited the premises of the Durga Metal Works on January 27, 1967 found 5 contractors and 16 other regular workers working in the factory. One Shri K. K. Pathak the supervisor was present in the premises of the factory. The inspector demanded inspection of the attendance register, wages register, cash book and ledger from December 1963 to July 1964. It appears that the record was not produced then nor later and the Corporation raised a demand of contributions as follows : 1. Rs. 1252.64 on account of employees' contribution for the period October 1, 1966 to August 21, 1968; 2. Rs. 1479.76 on account of employer's contribution w.e.f. October 1, 1966 to January 27, 1968. (2) Since this amount was not paid, the Corporation requested the Collector of Delhi to effect recoveries by an application of November 20, 1968. Apprehending coercive process to issue for the recovery, Hardev Singh proprietor o...
R.N. Dhawan Vs. Union of India, Etc.
Court: Delhi
Decided on: Oct-10-1980
Reported in: 20(1981)DLT11; 1981LabIC507; 1981(2)SLJ398(Delhi)
Avadh Behari Rohatg, J.(1) This appeal involves the question of seniority of the appellant R. N. Dhawan. Dhawan joined the erstwhile Bikaner Railway as a lower division clerk on December 27, 1951. In 1952 Bikaner Railway was integrated with the Northern Railway. Soon after integration the General Manager Northern Railway, gave option to the staff to join the headquarters office at Mew Delhi if they so wished. Dhawan exercised the option of joining the headquarters in 1952. But his request of transfer was not accepted.(2) On July 27. 1956 his services were regularised retrospectively. that is to say, with effect from December 27, 1951. After regularisation he again made a request for transfer on March 20, 1957. He repeated this request on October 31, 1957. The General Manager on January 8, 1958 accepted the request of Dhawan for transfer in exercise of his powers under Rule 2011 of the Indian Railways Establishment Code Volume II. This rule which gives power to the General Manager to tr...
Capital Bus Service Vs. Girnari Devi
Court: Delhi
Decided on: Oct-10-1980
Reported in: 1981RLR164
M.L. Jain, J. (1) The appellants were the tenant of the respondent in the disputed premises situated at Asaf Ali Road, New Delhi. One of the terms of the lease dt. 17.9.53, was as follows : 'THATthe lessee shall not be entitled to sublet or part with possession of the premises without the written permission of the landlady provided that the lessee shall have the right to allow the use of the premises to their sister or associate concern, the liability of the lessee to pay to the landlady covenated rent thereforee remaining absolute.' (2) The respondent landlady on 9.3 1972, filed an eviction petition on the ground that the tenant had sub-let, assigned or otherwise parted with possession of the tenanted premises to M/s Associated Traders and Engineers(P) Ltd., without her written consent. The case of the tenant was that M/s. Associated Traders and Engineers(P) Ltd., were their associate or a sister concern and they were using the premises with express written permission of the landlady ...
Management of Bharatkala Kendra Pvt. Ltd. Vs. R.K. Baweja and anr.
Court: Delhi
Decided on: Oct-09-1980
Reported in: [1980(41)FLR390]; ILR1980Delhi1355; 1981LabIC893
S. Ranganathan, J. (1) R.N. Chaudhry was an employee from 9th August, 1962 of M/s. Bharat Kala Kendra Pvt. Ltd. in a show-room run by the said company under the name of 'Guptajee.' His services were terminated by a letter dated 14th November, 1968. An industrial dispute between the parties was referred to the Labour Court. The employee filed a statement of claim and the management filed its written statement. The Labour Court framed two issues: (1)Whether the employee Shri R.N. Chaudhry is a workman within the meaning of Section 2(s) of the industrial Disputes Act, 1947? (2)Whether the tarmination of services of Shri R.N. Chaudhry is illegal and/or unjustified and, if so, to what relief is he entitled and what directions are necessary in this respect ?'(2) On issue No. 1 the Labour Court, after going through the evidence, came to the conclusion that the employee was a workman, applying the tests laid down by the Supreme Court in the Burmah Shell case : (1970)IILLJ590SC (1) and the ruli...
Deep Chand Arya Industries Vs. Kiran Soap Works and ors.
Court: Delhi
Decided on: Oct-07-1980
Reported in: ILR1980Delhi1605
R.N. Aggarwal, J.(1) In this case both the plaintiff and dependant No. 1 are in the business of manufacture and sale of washing soaps. The plaintiff M/s. Deep Chand Arya Industries is in the trade since the year 1959. In April, 1976 the plaintiff adopted the trade mark 'SINAULA' in respect of their products. The trade mark 'SINAULA' of the plaintiff is registered under No. 314128 dated 19th April, 1976. The plaintiff is packing and marketing its products in the wrapper entitled 'SINAULA'. The wrapper used by the plaintiff is registered under the Copyright Act, 1957. According to the plaintiff, the colour scheme, get-up, lay-out and arrangement of the plaintiff's wrapper is an artistic work and the same is protected under the provisions of the Copyright Act. (2) The defendant M/s. Kiran Soap Works came in the business of the manufacture and sale of washing soap in June 1979 and they are trading under the trade mark 'SINDRELA' and are packing and marketing their product in the wrapper en...
Chajju Ram Vs. Ram Dulary
Court: Delhi
Decided on: Oct-07-1980
Reported in: 18(1980)DLT495; 1981(2)DRJ20; 1981RLR27
Sultan Singh, J. (1) Smt. Ram Dulary, respondent filed an application on 9th August, 1973 for eviction of Chajju Ram, appellant under Section 14(l)(a),(e) and (h) of the Delhi Rent Control Act, 1958 (hereinafter called 'the Act'). The Additional Controller by order dated 11th October, 1976 passed an eviction order under Section 14(l)(e) of the Act giving six months' time to the appellant to vacate the premises. He further held that the arrears of rent were due and the appellant Vms directed to deposit the rent within one month from the date of the order and on compliance of the same the eviction petition would fail, holding that the benefit under Section 14(2) of the Act has been taken. The appellant filed an appeal under Section 38 of the Act- before the Rent Control Tribunal and the appeal was dismissed on 23rd January, 1980. The appellant has filed this second appeal under Section 39 of the Act. He has also filed an application, C.M. No. 1601 of 1980 under Section 5 of the Limitatio...
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