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Delhi Court November 1980 Judgments

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Nov 05 1980 (HC)

Krishan Lal Vs. Mukand Lal

Court: Delhi

Reported in: 19(1981)DLT93; 1981(2)DRJ33; 1981RLR182

Sultan Singh, J.(1) This revision petition under Section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter called 'the Act') on behalf of the tenant challenges the order dated May 19,1980 passed by the Additional Controller, Delhi. By the impugned order the Ad(2) The respondent-landlord filed eviction application on March, 27, 1980. Summons was ordered to be issued in the prescribed form and the case was fixed for May 15, 1980. It appears that the landlord did not file the registered cover but paid the process fee only. The summons issued in the ordinary manner on the prescribed form was personally served upon the petitioner on April 16, 1980. The petitioner on May5, 1980 filed an application stating that he was served on April 16, 1980 with the summons along with a copy of the eviction application, which was not in the prescribed form i.e , form 'A' under the Delhi Rent Control Rules and as such there was no proper service. He prayed that he be got supplied a copy of the applica...

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Nov 04 1980 (HC)

Canara Bank Vs. Araveli Hillwine Sale Corporation

Court: Delhi

Reported in: 20(1981)DLT8; ILR1981Delhi121; 1981RLR39

ORDER'means the formal expression of any decision of a Civil Court which is not a decree'. 'Judgment' has been defined in Section 2(9) of the Code which reads as under : ''means the statement given by the Judge of the around of a decree or order'Thus judgment in suport of an order or decree are the grounds of decision. The definition of the word 'order' as a matter of fact is a negative one. It says that a decision which is not a decree is an order. Thus one has to rely upon the definition of the word 'decree' . The decree is a formal expression of a decision conclusively determining the rights of the parties, in controversy in the suit. The definition of decree however, excludes two types of orders which are not decrees : (i) a decision from which an appeal lies as an appeal from an order i.e. under Section 104 read with Order 43 rule I of the Code and (ii) any order of dismissal for default. Admittedly the impugned orders dated 15th February, 1979 and. 27th February, 1979 are not ap...

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Nov 03 1980 (HC)

Gopal Paper and Board Mills Vs. Union of India and Others

Court: Delhi

Reported in: 1981(8)ELT97(Del)

1. In this writ petition the challenge is the demand of excise duty of a sum of Rs. 27,040.74 P. on goods stated to have been removed without obtaining the gate pass plus a levy of Rs. 2,000/- by way of penalty. 2. The petitioner is manufacturer of Mill Board, Grey Board and Straw Board. It appears that on 25th December, 1965 certain premises of the petitioner Company were searched by officers of the Central Excise. The scrutiny of the private account books and other Central Excise records showed to the Excise Authorities revealed that there had been an excess removal to the extent of 27614.500 Kgs. during the period 1st January, 1962 to 24th December, 1965. 3. A show cause notice dated 28th May, 1966 was issued by the Excise Authorities to the petitioner. In the said show cause notice it was stated that the aforesaid goods have been removed in excess 'without payment of Central Excise duty amounting to Rs. 1,11,161.56 and without cover of any gate pass'. It was further stated that the...

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