Delhi Court August 1982 Judgments
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Tilak Raj Handa Vs. Union of India, Etc.
Court: Delhi
Decided on: Aug-20-1982
Reported in: ILR1982Delhi1024
M.L. Jain, J.(1) The petitioner joined service in the Northern Railway as a Gangman on 14-5-1953 and was appointed a Clerk on 21-10-1954. He was transferred from Bikaner Division to Delhi Division on 21-2-1964. The petitioner absented from duty with effect from 26-9-1968. He was advised by a letter of 24-10-1968 to resume duty at once. The letter was sent by registered post at the Railway quarters occupied by him which was received by him on 26-10-1968. The petitioner wrote back on 2-12-1968 requesting for grant of leave from 28-9-1968 to 30-6-1969. He was informed on 3-1-1969 that he cannot be granted leave up to 30-64969 : that it is in his interest to resume duty without any further delay ; that the period of unauthorised absence from 26-9-1968 was treated as leave without pay: and that disciplinary action will be taken if he continued to be absent from duty any more. This intimation was also sent by registered post on the same address but this time it was returned undelivered with ...
Flowmore Private Ltd. Vs. Keshav Kumar Swarup
Court: Delhi
Decided on: Aug-20-1982
Reported in: AIR1983Delhi143; 23(1983)DLT54; 1982RLR742
Yogeshwar Dayal, J.(1) This is a petition for revision on behalf of the tenant under the proviso to Sub-section (8) of Section 25-B of the Delhi Rent Control Act, (hereinafter referred to as 'the Act') against an order dated 28th August, 1980 passed by the Rent Controller, Delhi dismissing an application for leave to contest the eviction proceedings filed against them by the respondent/landlord on the ground of bona tide personal requirement. (2) On or about 15th May, 1980, respondent Shri Keshav Kumar Swarup filed a petition for eviction of the appellants under clause (e) to Subsection (1) of Section 14 read with Section 25B of the Act inter alias on the following grounds: The petitioner is the owner of the premises in dispute. The petitioner's family consists of wife, son and a daughter. The petitioner is a businessman and Director of Sugar Mill and Vanaspati Plant run under the name and style of 'Swarup Vegetable Products Industries Ltd.'. This factory has an office at Delhi in Deli...
The JaIn Motor Car Co. Vs. Shyam Prabha JaIn and ors.
Court: Delhi
Decided on: Aug-19-1982
Reported in: 23(1983)DLT66; 1983(4)DRJ121; 1982RLR754
Sultan Singh, J.(1) The question for decision in this second appeal Under Section 39 of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') is : Whether the tenant is entitled to benefit under Section 14(2) of the Act if he deposits only the arrears of rent and not future monthly rent by the 15th of the succeeding month in pursuance of an order of the Controller passed under Section 15 of the Act ?(2) Briefly the facts are that Shri Prem Chand Jain predecessor of respondent No. I on 20th January, 1971 filed an application for eviction of the appellant-tenant Jain Motor-Car Company and Brij Behari Lal Jain, respondent No. 2 under Section 14(l)(a) & (b) of the Act alleging that the appellant was a tenant in a portion of Municipal House No. XI/4239A, Raj Kishan Jain Street, I Ansari Road, Delhi on a monthly rent of Rs. 200.00 besides water and electricity charges, that he had been in arrears of rent since 1st June, 1970 which he failed to pay in spite of a notice of de...
C.D. Sharma Vs. Municipal Corporation of Delhi and ors.
Court: Delhi
Decided on: Aug-18-1982
Reported in: ILR1982Delhi464; 1983LabIC479; 1982(2)SLJ351(Delhi)
M.L. Jain, J.(1) The petitioner C.D. Sharma was appointed Headmaster on 16-7-1958 in the Bharti Middle School, Shakti Nagar, Delhi. The petitioner was allowed to be confirmed and to contribute to Provident Fund with effect from 17-7-1959 by the Municipal Corporation, Delhi. This was done under orders of the Corporation dated 25-6-1963. The said School was then taken over by the Corporation w.e.f. 26-11-1963. Later on, with effect from 1-7-1970 the said School was eventually taken over by the Delhi Administration. On 11-1-1971. a draft seniority list of the Headmasters working in the Government Middle Schools taken over from the Corporation was published by the Delhi Administration. In that list. the name of the petitioner was shown at Sr. No. 11, and his date of appointment as Headmaster was shown as 16-7-1958. After consideration of objections, a seniority list was also circulated on 11-8-1972. In that list also the position of the petitioner remained at Sr. No. 11. In March, 1973 the...
State (Delhi Administration) Vs. Charanjit Singh and Other
Court: Delhi
Decided on: Aug-17-1982
Reported in: 1983(4)DRJ61
ORDER1. By this petition the Delhi Administration is seeking to challenge the order passed on 20th May, 1981, by Shri J. P. Sharma, Metropolitan Magistrate discharging the respondent herein for an offence under S. 7/16 of the Prevention of Food Adulteration Act (herein called 'the Act'). A complaint for this offence was filed by Mr. R. N. Gujral, Assistant Municipal Prosecutor in the Court of the Magistrate against the accused in his capacity as the proprietor of M/s. Gulati Stores, Naya Bans, Delhi, on the allegation that the sample of tea purchased from him on 8th May, 1980 by a Food Inspector was found to be adulterated on analysis. 2. On an application moved by the accused, under section 13(2) of the Act one counter part of the sample was sent to the Director, Central Food Laboratory, Ghaziabad who opined, 'the sample shows presence of extraneous iron particles. The size of the iron particles is, however, less than 1 mm.' The Director found that the sample contained 'Light iron par...
income-tax Officer Vs. Oriental Bank of Commerce Ltd.
Court: Income Tax Appellate Tribunal ITAT Delhi
Decided on: Aug-16-1982
Reported in: (1983)3ITD226(Delhi)
1-11. [These paras are no reproduced here as they involve minor issues.] 12. The next common ground by the revenue pertains to the deletion of the additions of Rs. 4,58,958 (assessment year 1975-76) and Rs. 7,88,739 (assessment year 1976-77) representing interest accrued and credited to 'interest suspense account'. The stand of the assessee-bank, as is clear from its letters dated 22-6-1978 and 28-8-1978, was that though it normally followed mercantile system of accounting with regard to its normal banking business where the interest amounts are realised periodically without any difficulty, in respect of sticky accounts which are determined on the advice of the auditors and the Reserve Bank of India, the assessee-bank right from the inception, was following a special system of accounting, whereby the respective interest amount of each of the sticky accounts is only debited to the customer but, simultaneously credited to the 'interest supense account'. In this type of cases, the intere...
Girdhari Lal Chadha and anr. Vs. Union of India and ors.
Court: Delhi
Decided on: Aug-16-1982
Reported in: ILR1983Delhi630
S.S. Chadha, J.(1) The plaintiffs have instituted the present suit for a declaration that the plaintiffs are owners in possession of the property comprised in field No. 116, measuring 3 bighas and 2 bids was situate in the revenue estate of village Naraina, Delhi, and for a perpetual injunction to restrain the defendants from interfering with the plaintiffs' peaceful possession thereof. (2) The allegations made in the plaint are these. The land in field No. 116, measuring 3 bighas and 2 biswas, situate in the revenue estate of village Naraina (for short called the property) was owned by one Bharta, son of Niadar, resident of village Naraina who sold it in favor of plaintiff No. 1 and husband of plaintiff No. 2, vide registered deed of sale dated January 4, 1958 and put the plaintiffs in actual physical possession thereof. The plaintiffs have been in continuous and uninterrupted possession of the prop erty. In the month of February 1981, some employees of the Delhi Development Authority...
Suresh Dewan Vs. Hari Mohan Arya
Court: Delhi
Decided on: Aug-16-1982
Reported in: 22(1982)DLT387
Sultan Singh, J.(1) The tenant in this revision under section 25B(8) of the Delhi Rent Control Act. 1958 (hereinafter referred to as 'the Act') challenges the judgment and order of the Additional Controller dismissing his application for leave to defend and passing an order of eviction against him. The respondent on 16-9-80 filed an eviction petition alleging that the petitioner was his tenant on second floor of property No. A-llj48, Lajpat Nagar, New Delhi on a monthly rent of Rs. 500 besides water and electricity charges, that he was owner-landlord of the premises let for residential purposes and were required bona fide by him for the residence of his divorce daughter dependent upon him, that he had no other reasonably suitable residential accommodation to accommodate her, that the relations between the divorce daughter with her mother, brother and sister were strained, and that he wanted her divorce daughter to live separately and independently in a separate accommodation. The petit...
Mehar Elahi Vs. Verhamal
Court: Delhi
Decided on: Aug-16-1982
Reported in: 22(1982)DLT384
Sultan Singh, J.(1) Respondent Verha Mal filed a petition for fixation of standard rent which was dismissed on 6-3-76 by the Additional Rent Controller. On appeal, the Tribunal by order dated 16-8-1979 fixed the standard rent at Rs. 75 per month, although the agreed rent was Rs. 175 per month. The landlord filed second appeal and during its pendency Mehar Elahi appellant died on 8-8-80. It appears that the respondent on 27-10-80 made an application before the Additional Rent Controller for substitution of heirs and legal representatives of the deceased appellant. In reply it was submitted on behalf of the landlord that Manzoor Elahi was to be substituted as the deceased had executed a Will in his favor. By order dated 6-3-81 Manzoor Elahi was substituted.(2) On 5-1-1982 the respondent-tenant filed an application (C.M. 266/82) in this second appeal praying that after death of the appellant his heirs having not been substituted. the appeal has abated. In reply Manzoor Elahi the appellant...
Vijav Kapur Vs. Neelam Kapur
Court: Delhi
Decided on: Aug-13-1982
Reported in: 1983RLR167
N.N. Goswamy, J.(1) Public Witness .2, Dr. D.M. Shreshta, Junior Resident, Aiims, Deptt. of Psychiatry, stated that the respondent was admitted in the hospital on 11.2.1980 and discharged on 21.3.1980. She was under his treatment for the entire period. At the time of discharge, his diagnosis was schizophrenia (catatonic). All the progress report and treatment report has been written by him. Schizophrenia is a mental disease. The disease can relapse if the patient does not continue the treatment. As per his record she had suffered some sort of mental disease even prior to this about four or five years back. In cross-examination, he stated that besides him, there is a senior doctor by the name of Dr. Anandi Lal, M.D. The diagnosis of the junior doctor is shown to the senior doctor and if the senior doctor agrees the treatment is started. According to him, in the present case, the senior doctor had not differed with his opinion. He further stated that there are four or five types of Schiz...
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