Delhi Court October 1981 Judgments
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income-tax Officer Vs. Rukmani Metal and Gaseous Ltd.
Court: Income Tax Appellate Tribunal ITAT Delhi
Decided on: Oct-31-1981
Reported in: (1982)1ITD816(Delhi)
1. This is an appeal by the revenue objecting to the order of the Commissioner (Appeals) annulling the order passed by the ITO under Section 154 of the Income-tax Act, 1961 ("the Act"), on 21-11-1979.2. The assessee is a limited company carrying on business in the manufacture of industrial gas at its factory at Nagpur. It also deals in iron and steel at its head office at New Delhi. In its assessment for 1976-77, for the previous year ended 30-6-1975, the assessee had claimed a loss of Rs. 1,91,759 in respect of its Nagpur plant which was commissioned during the relevant previous year. The assessee had claimed development rebate of Rs. 12,94,254 in respect of its plant and machinery, cost of cylinders and electrical installations, the cost of which amounted to Rs. 86,28,359. The ITO allowed a development rebate of Rs. 11,90,194, with the following words as stated in the assessment order dated 27-8-1979 : Development rebate - In its revised return the company has claimed development re...
Feroz Ahmed Vs. the State and anr.
Court: Delhi
Decided on: Oct-30-1981
Reported in: 21(1982)DLT6
Charanjit Talwar, J. (1) By this petition Feroz Ahmed is seeking quashing of the order passed on 15th Sept. 1981, by Shri Mahabir Singhal, Metropolitan Magistrate, New Delhi, whereby the custody of Suman Devi, wife of the petitioner herein was directed to be handed over to her father on super dari. (2) Admitted facts are that the petitioner herein got married to Suman Devi on 19th August 1981, under the provisions of the Special Marriage Act, 1954. A copy of the marriage certificate is annexure A to this petition. That marriage is being challenged under sections 24, 25 and 27 of the Special Marriage Act on various grounds. The grounds, inter alia, being that the petitioner was a minor at the time of the marriage and she had been induced by fraud in entering into the marriage. That case is now pending trial before an Additional District Judge and was fixed for 23rd Oct. 1981. Prior to the filing of the said petition on 25th September 1981, First Information Report No. 287 of 1981, had b...
Rawla Construction Co. Vs. Union of India
Court: Delhi
Decided on: Oct-30-1981
Reported in: ILR1982Delhi44; 1982RLR20
Avadh Behari Rohatgi, J.(1) This is an award on a building contract. The Union of India objects to the award. (2) The petitioner M/s. Rawla Construction Company, is a firm of contractors (the contractor). By a contract in writing they were awarded by the Union of India work of making provision of accommodation for certain units of the mlitary at Meerut. Disputes arose between the parties. There was an arbitration clause in the contract. The matters in dispute were referred to the sole arbitration of Col. S. S. Virdi, Additional Chief Engineer. He took upon himself the burden of the reference. He heard the parties and examined the evidence produced before him. On 31st July, 1979 he made and published the award. (3) There were a number of claims of the contractor against the Union of India. The Union of India in their turn had certain claims of their own against the contractor. The arbitrator made his award on all of them. Mrs. Rao on behalf of the Union of India has confined her objecti...
Mohd. SualIn and ors. Vs. Sunila Chugh
Court: Delhi
Decided on: Oct-30-1981
Reported in: AIR1982Delhi217; 21(1982)DLT77; 1982(3)DRJ6; 1982RLR29
Yogeshwar Dayal, J.(1) This is a second appeal under Section 39 of the Delhi Rent Control Act. 1958 (hereinafter referred to as 'the Act') against the order of the learned Rent Control Tribunal dated of 22/7/1977 whereby the learned Rent Control Tribunal set aside the order dated 10/2/1977 passed by the learned Additional Rent Controller, Delhi and ordered that the defense of the appellant be struck off under Section 15(7) of the Act. (2) The facts leading to the appeal are that on 15-5-1972 a petition was filed for eviction of the appellant by the respondent on various grounds including ejectment on the ground of non-payment of rent. It was stated by the landlord in the ejectment application that the arrears of rent are due @ Rs 59-62 ps. since 1-10-1955 which have not been paid inspire of notice of demand. (3) In relation to this claim the plea of the appellant was that the rate of rent was Rs. 26-25 ps. per month and not Rs. 59-62 ps. per month. The receipt of notice of demand was d...
D.N. Gupta Vs. Jaswant Singh
Court: Delhi
Decided on: Oct-30-1981
Reported in: AIR1982Delhi250; 21(1982)DLT8; 1982(3)DRJ1; ILR1982Delhi309; 1982RLR185
Saltan Singh, J.(1) This revision petition under Section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') is directed against the judgment and order of the Rent Controller dated 30th September, 1980 dismissing the petitioner's application for leave to defend and passing an order of eviction against him. Briefly the facts are that Jaswant Singh is the owner of the property No. 8-10, Nizamuddin (West), New Delhi. First floor of this property was let out in 1974 to Bharat Heavy Electricals Ltd. of which the petitioner, D. N. Gupta was Deputy Personal Manager and he was in occupation of the premises on behalf of the company. He retired in 1978. The respondent accepted the petitioner as a tenant in his own right on the first floor of the said property with effect from 1st July, 1978 in terms of a rent note for a fixed period of 11 months on a monthly rent of Rs. 600.00 . The petitioner renewed the tenancy for further period of Ii months by executing another ...
Manohar Lal Vs. NaraIn Das and Delhi Development Authority
Court: Delhi
Decided on: Oct-30-1981
Reported in: 21(1982)DLT121; 1982(3)DRJ33; ILR1982Delhi54; 1982RLR41
Sultan Singh, J.(1) Plot No. 12 Block No. 10, Dev Nagar, Karol Bagh, New Delhi was leased out to Ratan Lal in terms of a lease deed dated 24th July, 1953. Ratan Lal raised the structure. It was agreed that the lessee would not use the said land and buildings erected thereon for any other purpose than for the purpose of a residential house without the consent in writing of the Lesser ; provided the lease would become void if the land was used for any purpose other than that for which the lease was granted not being a purpose subsequently approved by the Lesser. Ratan Lal let out a portion of the said property to Narain Dass, respondent on a monthly rent of Rs. 63.00 . The petitioner purchased the suit house bearing No 6778 on plot No. 12 Block No. 10 in 1961 and the respondent attorney to him as a tenant. The respondent has been carrying on the work of dairy in the premises in suit. The Delhi Development Author 'ity objected to the use of the premises for a dairy as it was a commercial ...
Mehar Singh Vs. Municipal Corporation of Delhi
Court: Delhi
Decided on: Oct-29-1981
Reported in: AIR1983Delhi259; 21(1982)DLT304; 1982RLR431
S. Ranganathan, J.(1) It will be convenient to dispose of all these four matters by a common order. (2) The petitioner was the owner of a plot of land bearing No. A-116, Wazirpur Industrial Area, New Delhi which had beed acquired by the petitioner for Rs. 70.000.00 in December, 1974. up to the assessment year 1978- 79 its rateable value was taken at Rs. 8,920.00 and is not in dispute. For the assessment year 1978-79 also, initially the rateable value was taken at the same figure of Rs. 8,920.00 and the assessment list, on this footing, was authenticated on 8th May, 1978. Similarly for the assessment years 1979-80 and 1980-81 also, the assessment lists were authenticated on 5th May, 1979 and 9th July, 1980 respectively be adopting the assessment list of 1978-79. (3) The revenue authorities having come to know that the assessed had put up a building on the plot of land and that the construction of this building had been completed, on 23rd March, 1979, a notice was served on the petitione...
Neera Graver, Etc. Vs. Narinder Jaggi
Court: Delhi
Decided on: Oct-29-1981
Reported in: 21(1982)DLT33; 1982RLR18
Yogeshwar Dayal, J. (1) This is a petition u/Art. 227 of Constitution and is directed against an order dt. 10.9.81 passed by the learned Additional Rent Controller, Delhi permitting inter alia, amendment of the application filed by the respondent tenant for leave to appear and contest the eviction petition which had been filed by the petitioner-landlady for eviction of the respondent on the ground of bona fide personal requirement as contained in Second 4 (1)(e) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act').(2) The petitioner, Smt. Neera Grover, and her son Parveen Grover filed a petition, for ejectment of the respondent Shri Narinder Jaggi on the aforesaid ground. In the petition for eviction, it was interalia pleaded that the premises are residential and the same were let out for residential purposes to Narinder Jaggi. It was also pleaded as to how the petitioner became the owner of the property by way of family partition/settlement. It was further also p...
Chand Pruthi Vs. Municipal Corporation of Delhi
Court: Delhi
Decided on: Oct-29-1981
Reported in: 22(1982)DLT145
R. Ranganathan, J.(1) The short plea of the writ petitioner is that the annual rateable value for the municipal tax purposes of premises M-225, Greater Kailash, Part-II, New Delhi should be fixed on the basis of the actual cost of construction and the cost of the land as on the date of the construction in accordance with the provisions of Section 6(1)(B)(2)(b) of the Delhi Rent Control Act 1958 and not on the basis of the rent the property would fetch if let from year to year on the basis of Section 9(4) of the Delhi Rent Control Act. (2) The construction of the property in question was completed in April, 1978 and we are concerned with the assessment year 1981-82. The question that arises is whether in the case of a property which is occupied by the owner himself, the municipal value should be fixed on the footing of Section 9(4) of the Delhi Rent Control Act or on the basis of Section 6(1)(B)(2)(b) as contended by the petitioner. This question has already been answered by a Division ...
Sushila Mehta Vs. Bansi Lal Arora
Court: Delhi
Decided on: Oct-26-1981
Reported in: ILR1982Delhi320
Avadh Behari, J. (1) The plaintiff, Mrs. Sushila Mehta, has brought this' suit for the recovery of Rs. 1,36,000 under Order 37 of the Code of Civil Procedure. To this suit there are two defendants (i) Bansi Lal Arora and (ii) Mayar Cinema Private Limited. The suit is based on a document dated 26th August, 1978 styled as 'Receipt'. This receipt is admittedly signed by Bansi Lal Arora, defendant No. 1. It reads as follows:RECEIVED a sum of rupees one lac only as per detail giv'en below from Smt. Susheela Mehta W/o Maj. General K. K. Mehta R/o D-304, defense Colony, New Delhi as application money for allotment of shares in the proposed private limited company under the name and style of M/s, Mayur Cinema (P) Limited having its registered office at 2] 7, An-' sari Road, New Delhi-110002 and proprietor of plot No. I, Rajindra Place, New Delhi. Rs. 48,000 by Bank draft of 18-8-78. Rs. 20,000 by way of cheque of 22-8-7S. Rs. 20,000 by way of cheque of 26-8-78. Rs. 12,000 in cash. Rs. 1,00,000...
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