Delhi Court November 1982 Judgments
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Golcha theatres and ors. Vs. Lt. Governor of Delhi and ors.
Court: Delhi
Decided on: Nov-18-1982
Reported in: 1983(4)DRJ303; 1983RLR179
Avadh Behari Rohatgi, J.(1) The petitioners, Golcha Theatre and its partners, have brought this writ petition under Art. 226 of the Constitution of India challenging the notification dated 7.8.1969 issued by the Delhi Administration under section 6 of the Land Acquisition Act 1894 and the notice under sections 9 and 10 of the said Act on the ground that the acquisition of the petitioner' property is invalid, illegal, mala fide and ultra vires.(2) The petitioners, Golcha Theatre and its partners, have brought this writ petition under Art. 226 of the Constitution of India challenging the notification dated 7.8.1969 issued by the Delhi Administration under section 6 of the Land Acquision Act 1894 and the notice under sections 9 and 10 of the said Act on the ground that the acquisition of the petitioners' property is invalid, illegal, mala fide and ultra vires.(3) The petitioners own property bearing No. 1252/1148 and 1253/ 1148 situated at the Gurdwara Road, Karol Bagh, New Delhi. They pu...
Sunder Dev Vs. Union of India and ors.
Court: Delhi
Decided on: Nov-18-1982
Reported in: 23(1983)DLT115; 1983LabIC1013; 1983RLR36; 1983(2)SLJ145(Delhi)
Avadh Behari Rohatgi, J.(1) These two writ petitions raise one question. It is about the height of a departmental candidate who wishes to appear in the competitive examination for the post of Sub-inspector (executive). The qualifications for recruitment of sub-inspectors (executive) are laid down in Rule 7 of Delhi Police (Appointment and Recruitment) Rules, 1980 (the Rules). Rule 7 says : 'Recruitment of Sub-lnspectorg (Executive) fifty per cent of vacancies in the rank of sub-inspectors (Executive) shall be filled by direct recruitment and 50% by promotion. Out of 50% direct quota 10% of the posts ahall be filled through the departmental candidates, viz., the constables, Head Constables and Assistant Sub-Inspectors, of not more than 30 years of age having the requisite qualifications and physical standards through the examination for departmental candidates by the Staff Selection Commission in accordance with the relevant rules. Education, Physical and other standards for the post of...
R.K. Trikha Vs. Kishan Chand
Court: Delhi
Decided on: Nov-18-1982
Reported in: 23(1983)DLT268
Sultan Siagh, J.(1) The respondent-landlord filed a petition under Section 14(l)(e) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') seeking eviction of the petitioner-tenant on the ground that he bona fide required the suit premises for himself and for members of his family, that he was the owner of the premises and that he had no other alternative accommodation for his residence. On these allegations he filed the eviction petition. Notice of the same was issued to the petitioner. An application for leave to defend was filed on his behalf. The Additional Controller by the impugned order dated 15-2-82 dismissed the application for leave to contest and passed an order of eviction. The petitioner has filed this revision under Section 25-B(8) of the Act. His main contention is that the eviction application does not disclose any cause of action. He submits that all the ingredients mentioned in Section 14(l)(e) of the Act have not been pleaded by the respondent-lan...
H.L. BhasIn and ors. Vs. A.K. Das and ors.
Court: Delhi
Decided on: Nov-18-1982
Reported in: 1983(4)DRJ206; 1983LabIC1603
B.N. Kirpal, J.(1) This judgment will dispose of L.P.A. No. 78 of 1978 and Civil Writ Petition No. 378 of 1982, wherein the common question which arises is with regard to the validity of the amendment brought about to Rule 9 of the Railway Board Secretariat Service Rules, 1969.(2) The Government framed the Railway Board Secretariat (Re-organisation and Re-inforcement) Scheme on 7th January, 1958 which provided for recruitment to the post of Assistant in Railways. This scheme was given retrospective effect from 1st December, 1954. The said scheme was drawn; up in line similar to the schemes applicable to the staff of the various other Ministries included provided that the pasts of Assistants would be filed in the following manner:- A)'50 per cent by nomination by the Ministry of Home Affairs on the results of the examination conducted by the Union Public Service Commission. b) Not less than 25 per cent by promotion of clerks of Railway Board's office provided suitable persons are availa...
Mohd. Ali Khan and Others Vs. Commissioner of Wealth-tax, New Delhi
Court: Delhi
Decided on: Nov-16-1982
Reported in: (1983)34CTR(Del)128; [1983]140ITR965(Delhi)
Ranganathan, J.1. This reference out of the wealth-tax assessment of the former Ruler of Rampur. The proceedings related to the assessment year 1961-62. On the relevant valuation date Nawab Sir Syed Raza Ali Khan was the Ruler. He died subsequently and is presented in these proceedings by the legal heirs. 2. The short question raised in this reference is whether the assessed is entitled to the exemption under s. 5(1)(iii) of the W. T. Act, 1957, in respect of his entire palace at Rampur known as Khas Bagh Palace. It is common ground that the Khas Bagh Palace consisted of a number of buildings. Some of these buildings were actually occupied by the Ruler but quite a few of them were not so occupied and were let out to various tenants. A list of fourteen such buildings which were let out to various officers, departments and other tenants has been set out in the order of the Tribunal. The assessed claimed that he was entitled to the exemption of the value of the entire Khas Bagh Palace inc...
Commissioner of Income-tax, Delhi-i Vs. Mohan Das Hassa Nand
Court: Delhi
Decided on: Nov-16-1982
Reported in: [1983]141ITR203(Delhi)
Ranganathan, J.1. These two references under s. 256(1) of the I.T. Act, 1961, raise a common question which arises in somewhat interesting circumstances. These references relate to the assessment years 1961-62 and 1962-63. The question arises out of the order of the Tribunal in the appeal preferred by M/s. Mohan Das Hassa Nand from the orders of the IAC imposing a penalty under s. 271(1)(c) read with s. 274(2) of the I.T. Act, 1961. The IAC had directed by his orders dated February 22, 1973, the imposition of a penalty of Rs. 17,000 and Rs. 23,000 respectively for the two assessment years in question being the amounts of income which had been concealed by the assessed for the said assessment years. The Appellate Tribunal, however, held that though there was justification for the imposition of a penalty for each of the years under reference, the amount of penalty should be restricted to 25% of the tax sought to be evaded for the two assessment years presently in question. The Commission...
Union of India Vs. Mehta Teja Singh and Co.
Court: Delhi
Decided on: Nov-16-1982
Reported in: AIR1983Delhi297; 23(1982)DLT170
S. Ranganathan, J.(1) There is an appeal by the Union of India from the Judgment of a learned single Judge of this court : AIR1977Delhi231 setting aside an arbitration award in so far as it directed the respondent a firm of contractors (M/s. Mehta Teja Singh & Go.) to pay to the appellant (the Union of India) a sum of Rs. 14,674.00 . (2) The respondent firm had executed a contract for the construction of an irrigation channel at Hissar. This involved, inter alia, rough excavation in any soil (ordinary or hard) getting out and removal of spoil to a distance not exceeding 440 yards all as specified' (vide item 4 of Schedule A to the contract). For this item of work the contractual rate agreed upon was Rs. 4.50 per cubic metre (as against a rate of Rs. 4.24 mentioned in the standard specification rates: 'SSR'. for short). When, at the end of the contract, the contractor firm claimed a sum of Rs. 12,782.09 as due to it under the final bill, the Union, relying upon the report of a technical...
income-tax Officer Vs. General Talkies Ltd.
Court: Income Tax Appellate Tribunal ITAT Delhi
Decided on: Nov-12-1982
Reported in: (1983)4ITD224(Delhi)
1. This is an appeal by the revenue and it arises out of the proceedings under Section 154 of the Income-tax Act, 1961 ('the Act'), but it had a chequered history leading to complicated issues ultimately which have to be decided. In order to appreciate the contentions raised by the learned departmental representative, Mr. Jain, and the reply thereto, the facts in detail may be traced.21-2-1976 The assessment was completed under Section 143(3) of the Act, on an income of Rs. 9,01,941. Refund of Rs. 1,50,095 was due and interest under Section 214 of the Act amounted to Rs. 48,916 as per the assessment order itself.7-6-1976 The order was rectified for computation of tax at 60 per cent instead of 55 per cent which was originally done by mistake. This resulted in a demand against the assessee to the extent of Rs. 1,19,717.28-11-1976 Order under Section 155 of the Act was passed by the ITO granting gratuity provision of Rs. 2,31,838, which was originally not allowed under Section 40A(7). By...
Sita Ram Joginder Kumar Vs. the Assistant Commissioner of Sales Tax, D ...
Court: Delhi
Decided on: Nov-12-1982
Reported in: [1983]54STC19(Delhi)
ORDERAvadh Behari Rohatgi, J. 1. These are five writ petitions (Civil Writs Nos. 1216, 1217, 1218, 1219 and 1220 of 1973) challenging the order of the Assistant Commissioner of Sales Tax dated 1st March, 1969, read with the demand notice dated 2nd May, 1973. 2. The petitioners carry on business of fresh fruits and khajoors. They were dealing in dates, namely, khajoors, at the relevant time. The dispute relates to khajoors. 3. For the assessment year 1964-65 the petitioners duly submitted returns of their turnover. They computed sales tax on the item in dispute, that is, khajoors, at the rate of 1 per cent treating it as a dry fruit. They deposited the tax accordingly. The assessment was completed. 4. The Assistant Commissioner of Sales Tax by his order dated 1st March, 1969, interfered with the order of the Sales Tax Officer in exercise of his powers of suo motu revision under section 20(3) of the Bengal Finance Sales Tax Act, 1941, as extended to Delhi (the Act). He held that the Sale...
Har Bhagwan Sharma and ors. Vs. Badri Bhagat Jhandewalan Temple Societ ...
Court: Delhi
Decided on: Nov-12-1982
Reported in: 23(1983)DLT134
G.C. Jain, J. (1) On Oct. 14, 1982, some of the defs. in this case were directed to be served by beat of drums and others by ordinary process and/ or through registered post. A memo of appearance was filed on behalf of defts. I to 6 and 10 and a letter was addressed to the counsel for the plaintiff requesting him for sending signed copies to the pleadings etc. The said defs. were, however, informed that the copies may be collected from the Registry where the same had been filed. The enquiries revealed that only nine copies had been filed though the process fee was to be issued to twelve defs and the same did not contain list of reliance or list of documents and the copies of pleadings were unsigned. The pleadings and the interlocutory applications contained defamatory statements and also incorrect names and addresses. One would not say if they were correct copies as per originals. On these allegations the applicants defs. 1 to 6 & 10) seek directions to the plaintiffs to supply correct...
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