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Delhi Court July 1982 Judgments

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Jul 13 1982

Jia Lal Sharma, New Delhi Vs. the State and Another

Court: Delhi

Decided on: Jul-13-1982

Reported in: 1982CriLJ1913; ILR1982Delhi671a

ORDER1. This is a revision petition directed against the order of the Metropolitan Magistrate dated January 30, 1982. 2. The petitioner, Jia Lal Sharma, is the complainant. He filed a complaint against the respondent Madhavprasad G. Poddar, under Section 409 I.P.C. It was alleged that the petitioner was interested by buying a boiler. The respondent agreed to act as a commission agent in the transaction of purchase on the term that he would charge commission at the rate of 2 per cent from the petitioner. The petitioner paid Rs. 22,000/- to the respondent as advance money. But the transaction fell through. The respondent informed the petitioner that the seller had sold the boiler to another party. On this the petitioner asked for the return of Rupees 22,000/-. The respondent promised to return the money but did not do so in spite of repeated demands. The petitioner's case is that the respondent has dishonestly misappropriated the money and has converted it to his own use and has they com...


Jul 10 1982

H.M. Govil Vs. Sudha Govil

Court: Delhi

Decided on: Jul-10-1982

Reported in: 1985(8)DRJ40

N.N. Goswamy, J.(1) This appeal by the husband is directed against the Judgment and decree dated 22-7-1982 passed by the Additional District Judge, Delhi whereby his petition under section 13(i),(ia) and (ib) of the Hindu Marriage Act for dissolution of marriage by a decree of divorce was dismissed. (2) It is alleged in the petition that the parties were married according to Hindu rites and ceremonies on 22-11-72 at Delhi. The parties cohabited at Delhi and from the wedlock two female children were born, first in November, 1974 and the second in November, 1975 who are at present residing with the respondent at Ajmer. It is further alleged that the respondent was aggressive since the day of marriage and she was proud of her education. She used to pay more attention towards her parents and used to visit them frequently. Finally, on 2-10-76 she left the matrimonial home without any excuse or reason. She also took away with her the utensils, jewellery and other belongings. At the time of l...


Jul 09 1982

Ghaman Lal Vs. the State and ors.

Court: Delhi

Decided on: Jul-09-1982

Reported in: 22(1982)DLT321

J.D. Jain, J.(1) The petitioner is a permanent resident of Mahrauli. He has been earning his livelihood as a vendor of cold drinks etc. during summer and groundnut etc. in winter. He used to set up his stall on a rehri near the main gate of Qutab Minar at Mahraiili on the space belonging to Municipal Corporation of Delhi (for short the M.G.D.) He is now facing trial in five cases under Delhi Police Act as detailed below (I)D.D. No. Isa dated 9-3-1981. u/s. 83, 97, Delhi Police Act, P.S. Mehrauli. (ii) D.D. No. 57-A dated 23-3.1981. U/S. 83, 93 and 97 Delhi Police Act, P. S. Mehrauli. (iii) D.D. No. 8-A dated 13-3-1981 U/S. 83, 93 and 97 Delhi Police Act, P.S. Mehrauli. (iv) D.D. No. 11-A dated 1-4-1981. U/S. 83 and 97 Delhi Police Act, P.S. Mehrauli. (v) D.D No. 1-8-A dated 20-3-1981. U/S. 83, 92, 93 and 97 Delhi Police Act, P.S. Mehrauli.(2) The S. H. O, P.S. Mehrauli, filed five separate Kalandrus (complaints) against the petitioner in the Court of a Metropolitan Magistrate and the p...


Jul 07 1982

R.P. Vasudeva Vs. Commissioner of Income-tax

Court: Delhi

Decided on: Jul-07-1982

Reported in: ILR1982Delhi399; [1983]142ITR826(Delhi)

S. Ranganathan, J. (1) The assessed. applicant in this income fax reference is a retired officer of the Indian Navy. The reference arises out of his assessment for the assessment year 1966-67 for which the relevant previous year ended on 31st March, 1966. During the previous year the assessed was employed as Secretary of the Gymkhana Club, Delhi. He received from the Gymkhana Club a salary which has been assessed at Rs. 17,2441-. He was also in receipt of a pension from the Government which has been assessed at Rs. 3,330.00 . In additional to the salary received by him from the Gymkhana Club the applicant and his wife were also provided by the club with free income-tax Officer, following the decision of the Income-tax Appellate Tribunal in the case of the assessed for the assessment year 1965-66, did not take into account in the assessment the value of the above amenity thus provided by the Club free of cost to the assessed and his wife. This order of the Income-tax Officer was revised...


Jul 07 1982

Municipal Corporation of Delhi Vs. Ved Parkash Vij

Court: Delhi

Decided on: Jul-07-1982

Reported in: 22(1982)DLT453

Sultan Singh, J.(1) This second appeal under section 100 of the Code of Civil Procedure, as it stood prior to its amendment by Act 104 of 1976, challenges the judgment and decree of the Additional District Judge dated 3.9.76 affirming the judgment and decree dated 21.12,74 of Subordinate Judge 1st Class whereby the suit of the plaintiff-respondent was decreed, restraining the appellant. Municipal Corporation of Dcihi from demolishing the structure of the disputed property raised by the plaintiff after getting the plan sanctioned.(2) Briefly the facts are that the plaintiff is the owner of plot No. 41-B, Rajpur Road, Delhi. He applied to the appellant for sanction of a building plan for construction on the said plot which was sanctioned vide letter dated 13.8.68. and it was communicated to the plaintiff vide letter dated 20.8.68. The plaintiff constructed the building. He sent a notice in writing on 6.9.69 under section 316 of the Delhi Municipal Corporation Act, 1957 (hereinafter calle...


Jul 06 1982

Union of India Vs. Swastika Motors and Another

Court: Delhi

Decided on: Jul-06-1982

Reported in: AIR1983Delhi240; [1985]58CompCas127(Delhi)

Anand, J.1. Union Bank of India, plaintiff, the payee, sues Swastika Motors, defendant No. 1, the drawee, and Prestolite of India Ltd., defendant No. 2, the drawer of hundis, to recover Rs. 4,21,103.68, beside costs, interest pendente lite and future interest on the allegation that the bank had provided commercial credit to Prestolite of India Ltd., the manufacturer, on the discounting of the bills by means of purchase of hundis, drawn by it on Swastika motors, one of its dealers, and that the bank had delivered the documents of title to the goods intended for delivery to Swastika Motors on the acceptance of the hundis by Swastika Motors. The hundis are said to have been drawn between the period September, 1973, to November, 1973, and between January to March, 1974. It is alleged that the drawee duly accepted the hundis and the documents were delivered to the drawee, but the drawee has failed to honour the hundis after acceptance thereby rendering the drawer and drawee jointly and seve...


Jul 05 1982

Ghika Limited Vs. Krishan Behari

Court: Delhi

Decided on: Jul-05-1982

Reported in: 22(1982)DLT245

Yogeshwar Dayal, J.(1) This is a petition for revision under the proviso to Sub-section (8) of Section 25-B of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') against the order dated 17-1-80 whereby the learned Rent Controller, Delhi, dismissed the application of the petitioner for leave to contest the ejectment application filed by the respondent on the ground of bona fide personal requirement under the provisions of Clause (c) to the proviso to Sub-section (1) of Section 14 read with the provisions of Section 25-B of the Act. (2) Respondent Shri Krishna Bihari as owner-landlord of premises No. D-3/9, Vasant Vihar, New Delhi, filed a petition on or about 18-8-1979 for eviction of the respondents on the aforesaid ground. (3) The case of the respondent-landlord was that he had constructed the premises on a plot of land allotted to him by the Government Servants Co-operative House Building Society Limited and the plot is held on a perpetual sub-lease granted by th...


Jul 03 1982

income-tax Officer Vs. Charanjit Singh

Court: Income Tax Appellate Tribunal ITAT Delhi

Decided on: Jul-03-1982

Reported in: (1982)2ITD530(Delhi)

1. This appeal filed by the revenue is directed against the order dated 2-12-1980, Appeal No. 192/1979-80, of the Commissioner (Appeals) VIII, New Delhi.2. The assessee, an individual, is the Managing Director of Pure Drinks (New Delhi) (P.) Ltd. ('Pure Drinks'). The resolution of the board of directors of the aforesaid company in their meeting held on 15-6-1974 reads as under : On the proposal of S. Daljit Singh, it was unanimously resolved that S.Charanjit Singh, Director of the Company, be and is hereby appointed the Managing Director of the Company with effect from 1st July, 1974.His remuneration be and is hereby fixed at Rs. 4,500 per month.Further resolved that he be made a member of the Employees Provident Fund and Gratuity Scheme and the employer's contribution ... be given to him as per rules of the company.The previous year for the assessment year 1976-77 ended on 31-3-1976.The balance sheet of Pure Drinks as on 3MO-1975 disclosed a sum of Rs. 45,66,214.31 due from directors...


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