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Delhi Court September 1980 Judgments

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Sep 04 1980

Jag Mohan Lal Vs. Tara Chand Verma

Court: Delhi

Decided on: Sep-04-1980

Reported in: 18(1980)DLT508; 1980(1)DRJ132; 1980RLR735

Sultan Singh, J.(1) This is tenant's appeal under section 39 of the Delhi Rent Control Act, 1958 (hereinafter called 'the Act') challenging the judgment and order of the Rent Control Tribunal dated 5th January, 1980 confirming the order of eviction passed by the Additional Controller under section 14(l)(a) of the Act.(2) The appellant has raised three questions : (i) That the notice of demand dated November, 1975 is invalid. (ii) That the order under section 15(1) of the Act passed on 26/5/1978 came to the notice of the parties on 19/7/1978 and thereforee the time to deposit arrears of rent would commence from 19/7/1978 and not from 26/5/1978 : and (iii) The authority under the Act have discretion to decline to pass eviction order under section 14(1)(a) of the Act, even if the order under section 15(1) of the Act has not een strictly complied with.(3) The relevant facts for the decision of these questions are : The respondent-landlord sent a notice of demand dated 6/11/1975 to the appe...


Sep 01 1980

Cummins Diesel Sales Service (India) Ltd. Vs. the Director General of ...

Court: Delhi

Decided on: Sep-01-1980

Reported in: AIR1981Delhi61; ILR1981Delhi205

ORDERSagainst the Rate Contract shall be accepted by you on the basis of your manufacturers' net ex-works prices (in Dollar/Pound) as shown in their parts price-lists current on 1-11-66. The net F.O.R. Destination selling prices will be arrived at by multiplying the net ex-works prices by the Rupee conversion factors as based on the break up agreed to by you which will be separately communicated to you. . . . . 'This shows that supply orders had to be placed under the rate contract, but the contract was otherwise complete except for the quantities to be supplied. The contract also had a minimum quantity of goods, i.e., Rs. 1,000 which had to be supplied under the contract even if no further supply order was placed. In other words, the contract was for the supply of spare parts worth Rs. 1,000 plus any other goods that might be ordered under the supply orders to be placed under the contract. It could not be described, thereforee as a mere offer. (16) This is the first point on the quest...


Sep 01 1980

TIn Can Manufacturing Co. Vs. Municipal Corporation of Delhi

Court: Delhi

Decided on: Sep-01-1980

Reported in: AIR1981Delhi179; 1981CriLJ667; 19(1981)DLT23

Avadh Behari Rohatgi, J.(1) This is a letters patent appeal from the order of a learned single judge dated May 19, 1971. (2) The appellant's building was assessed to house tax at an annual value of Rs. 5191.00 for the year 1958-59. On 13th May, 1960 the respon- dent, Municipal Corporation of Delhi, (Corporation) issued a notice under S. 124 of the Delhi Municipal Corporation Act 1957 (the Act) to the appel- lant. By this notice he was informed that the rateable value was proposed to be raised from Rs. 5191.00 to Rs. 21,136.00 per annum. This notice, was in terms of S. 124(3) which requires the Commissioner to give to the owner a written notice when he proposes to increase the assessment of any land or building. Objections were invited to this notice within one month. The appellant filed objections on 13th June, 1960. They were well within time. His objections were decided on 1st November, 1960 by the assessor and collector of the Corporation. He assessed the rateable value of the prope...


Sep 01 1980

Nova Ball Bearing Industries Vs. Mico Ball Bearing

Court: Delhi

Decided on: Sep-01-1980

Reported in: 19(1981)DLT20

R.N. Aggarwal, J.(1) In this case both the plaintiffs and the defendants carry on the trade in manufacture and sale of steel balls. The plaintiffs are trading under the trade mark 'NOVA' and the defendants under the trade merk 'JANI'. The plaintiffs pack and market the steel balls in their artistic carton entitled 'NOVA'. The salient features of the plaintiffs' carton are that 4/5th side panel are red throughout the length and breadth of the carton. On the length side of the penal the expression 'NOVA' Ball Bearing Industries, Delhi-35' is written in white. The breadth side panel indicate the description 'Size 1/4' and '12 Gross' respectively. The upper side panels .have blue and white squares with a red band in the centre bearing the trade mark 'NOVA' Steel balls. There is also a red circle in one of the upper side panels in which the initials of the Plaintiffs' firm Snb appear prominently. The carton of the Plaintiffs it marked Annexure'A' to the plaint. The plaintiffs got the copyri...


Sep 01 1980

Rehabilitation Ministry Employees' Co-operative House Building Society ...

Court: Delhi

Decided on: Sep-01-1980

Reported in: ILR1980Delhi1450

B.N. Kirpal, J. (1) The petitioner is a co-operative house building society which is registered under the Bombay Cooperative Societies Act, 1925, as extended to the Union territory of Delhi. Initially all the members of the Society were displaced persons but subsequently some non-displaced persons also became members as they happened to be employees or ex-employees of the Ministry of Rehabilitation or its attached or subordinate offices.(2) In January, 1960 the petitioner requested the Ministry of Rehabilitation to consider allotment of suitable land to it for purposes of rehabilitation of the members for enabling them to construct residential houses. It appears no action was immediately taken by the Ministry. The petitioner also applied to the Delhi Administration for allotment of 60 acres of land for the aforesaid purpose. The land was agreed to be allotted by the Delhi Admn. and the petitioner Society was asked to deposit some money. The petitioner Society deposited the sum of Rs. 4...


Sep 01 1980

Eova Ball Bearing Industry Vs. Mico Ball Bearing

Court: Delhi

Decided on: Sep-01-1980

Reported in: 1980RLR683

R.N. Aggarwal, J.(1) In this case the plaintiffs and the defendants carry on manufacture and sale of steel balls. The plaintiffs are trading under the trade mark 'NOVA' and the defendants under the trade mark 'JANI'. The Plaintiffs pack and market the steel balls in their artistic carton entitled 'NOVA'. The salient features of the plaintiffs carton are that 4/5th side panel are red throughout the length and breadth of the carton. On the length side of the panel the expression 'NOVA' Ball bearing Industries, Delhi 35' is written in white. The breadth side panel indicate the description 'Size 1/4' and 'GROSS' respectively. The upper side panels have blue and white squares with a red band in the centre bearing the trademark 'NOVA' steel balls. There is slso a red circle in one of the upper side panels in which the initials of the Plaintiffs' firm Snb appear prominently. The carton of the plaintiffs is marked Annexure 'A' to the plaint. The plaintiffs got the copyright of their artistic c...


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