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Delhi Court December 1981 Judgments

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Dec 07 1981

P.C. Khanna Vs. K.K. Sharma

Court: Delhi

Decided on: Dec-07-1981

Reported in: 1982(3)DRJ77

B.N. Kirpal, J.(1) This is a revision petition filed by the petitioner- tenant against the order dated 4th October, 1980 whereby the Rent Controller, Delhi, in case No 463/80 on an eviction petition filed by the respondent-landlord, did not grant the tenant leave to contest and ordered his eviction. (2) On 5th June, 1977 House No. B - 11/37, Janak Puri, New Delhi, except one bed room and one store room which is in the possession of the landlord, was let to the tenant. According to the landlord he was working in the Delhi Cloth Mills and he was transferred from Delhi to Mawana Sugar Works, Mawana as Chief Chemist. With effect from 16th June, 1980 he has been transferred back to Delhi and as such he requires the premises for his own residence and for residence of members of his family. As the tenant did not vacate the premises an application under section 14(l)(e) read with section 25B was filed. (3) The tenant filed affidavit for leave to contest the eviction petition. One of the main g...


Dec 04 1981

Krishan Gopal Vs. Smt. Usha Rani

Court: Delhi

Decided on: Dec-04-1981

Reported in: 1982CriLJ901

ORDER1. By this petition filed under S. 482 of the Cr.P.C., Krishan Gopal, petitioner herein, in challenging the legality of the order passed on 31st July, 1981, by a Metropolitan Magistrate, Delhi, whereby the learned Magistrate has held that the petition filed by the wife, Smt. Usha Rani, under Section 125 of the Cr.P.C. (herein called 'the Code') is maintainable. While dismissing the preliminary objection on behalf of the husband-respondent it has been held that in spite of the fact that the marriage between the parties has been declared a nullity under Section 12 of the Hindu Marriage Act (herein called 'the Act'), Usha Rani continues to have the status of a wife and as such she is entitled to ask for maintenance. 2. The case of the husband is that the marriage between the parties could not be consummated as his wife was incapable of sexual intercourse. According to him she is a born eunuch. While declaring the marriage to be a nullity it has been found by the Court of District Jud...


Dec 02 1981

Dharma @ Dharam Singh Vs. the State (Delhi Administration)

Court: Delhi

Decided on: Dec-02-1981

Reported in: 21(1982)DLT22b

J.D. Jain, J. (1) The appellant, who is a resident of a locality called 'Welcome' (Seelampur) has been convicted of offences under Section 302 and 324, Indian Penal Code (for short the Code), as also under Section 27 of the Arms Act, by an Additional Sessions Judge vide his order dated 16th May, 1979. He has been sentenced to imprisonment for life on the first count and rigorous imprisonment turn 11/2 rears on the second count. Further, he has been awarded rigorous imprisonment for two years under Section 27 of the Arms Act. However, all the sentences have been made to run concurrently. Feeling aggrieved he has come up in this appeal against his conviction and sentence. (2) The prosecution case may be briefly summerised as under. On March. 1978, which was a day of Holi festival, Ram Kishan Public Witness 1. Madan Lal Public Witness 3, Sohan Lal Public Witness 4 and Padam Singh, deceased, all residents of new Seelampur, went to the locality called 'Welcome' (Seelampur) for playing Holi....


Dec 02 1981

M.D. Oswal Hosiery (Regd.) Vs. Swami Krishna Nand Govinda Nandbhagwat ...

Court: Delhi

Decided on: Dec-02-1981

Reported in: 21(1982)DLT174; ILR1982Delhi820

Sultan Singh, J. (1) This second appeal under Section 39 of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') is directed against the judgment and order of the Rent Control Tribunal dated 16th May, 1980 confirming the order of the Additional Controller dated 5th April, 1980 dismissing the objections of the appellant-tenant who claims that the eviction order dated 24th March, 1973 based on a compromise between the parties, is a nullity and as such not executable. The counsel submits that there was no satisfaction of the Controller for the passing of the order of eviction against the appellant under Section 22 of the Act, that no material was available on record on the basis of which the Controller could have passed the order of eviction. His submission is that the respondent- landlord has never been a public institution and that respondent never claimed or required the suit premises for the furtherance of its activities. His next objection is that no opportunity wa...


Dec 01 1981

Dalam Chand Baid Vs. Union of India and ors.

Court: Delhi

Decided on: Dec-01-1981

Reported in: 1982CriLJ747; 21(1982)DLT144

D.K. Kapur, J. (1) It is necessary to set out a few facts indicating how the present petition for a writ of habeas corpus has come to be moved in this Court. According to the facts set out in the affidavit of Shri Dcvinder Malhotra, Enforcement Officer in the Enforcement Directorate at New Delhi, the petitioner is a resident of Bombay, but he had been going abroad often. It is not necessary to give the details here. On 1st June, 1981, he left India on an Air-India Flight and arrived at Heathrow Airport, London, the same day. He was carrying a suit-case which was found to contain currency of various countries which was the equivalent of $ 2,38, 192.00 . Accordingly, the petitioner was refused entry into the United Kingdom and was directed to be deported. He appealed, but was unsuccessful; he was, thereforee, deported and arrived at Palam Airport, New Delhi, on 20th July, 1981. He was thereupon asked to appear in the office of the Enforcement Directorate situated at Khan Market, New Delh...


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