Delhi Court January 1983 Judgments
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Usha Sales Ltd. and anr. Vs. Hindustan Publicity Corporation and ors.
Court: Delhi
Decided on: Jan-05-1983
Reported in: 23(1983)DLT212
N.N. Goswamy, J. 1. This revision petition is directed against the order dated 26-5-1982 passed by the learned trial Judge whereby the application filed by respondent No. 1 under Order 1 Rule 10 and Order 6 Rule 17 of the Code of Civil Procedure was allowed and the petitioners were directed to be imp leaded as party defendants. 2. Respondent No. 1 filed a suit for permanent injunction against the Municipal Corporation. The prayer in the said suit is, as follows:- 'It is, thereforee, prayed that this Hon'ble Court may be pleased to pass a decree for permanent injunction restraining the defendant-Corporation through its officers, staff, agents, representatives etc. be restrained from demolishing, removing, breaking, defacing the illuminated neon sign and hoardings displays existing on the sites of 10'x20' and 10'X 10' (10'x30') each facing Delhi Gate side and Red Fort side to a total of 600 Sq. ft. at 29, Netaji Subhash Marg, Darya Ganj, New Delhi-2, or the ones to be replaced in due cou...
Baldev Band and Others Vs. Union of India and Others
Court: Delhi
Decided on: Jan-04-1983
Reported in: 1983CriLJ787
ORDER1. These petitions are filed by the proprietors of bands who use trolleys fitted with loudspeakers for use in marriage processions and similar processions. The other petitioners are allegedly working on the said trolleys and they earn their livelihood on the same. The petition was filed on the basis of a news item published on 13-5-1982 and an announcement on T.V. and radio that the Police Commissioner has banned the movement of trolleys fitted with loudspeakers forming part of marriage processions with crooners singing film songs. It is claimed in the writ petition that after the said announcement on 16-5-1982 such a trolley fitted with loudspeaker belonging to 'Master Band' was seized by the Police. It is the contention of the petitioners that playing of music on the loudspeakers fitted on trolleys is done with the intention of 'relaxation and glamour' and has become a social and customary practice for marriage celebrations. It is then claimed that the trolleys are too small to ...
Laxmi Fruit Co. Vs. Gainda Ram and Co.
Court: Delhi
Decided on: Jan-04-1983
Reported in: 1983(4)DRJ221; 1983RLR100
Sultan Singh, J.1. The petitioner in this revision challenges the order dt. 2.9.81 of the Sub Judge, Delhi refusing to stay under Section 10 of the Code of civil procedure (for short, the Code) the suit filed by the respondent-plaintiff. Briefly the facts are that the respondent M/s. Ganda Ram & Co. Delhi on 29-10-80 filed a suit for recovery of Rs. 8301.15 against the petitioner Laxmi Fruit Co., Mandi Dabwali alleging that the petitioner agreed to purchase fruits and vegetables from time to time and agreed to pay commission on net sale proceeds. The respondent alleges that he dispatched goods of Rs. 4,09,499.22 and regularly sent Beejaks to the petitioner, that the said sum consists of purchase price of the goods i.e. fruits and vegetables, expenses incurred and commission, that the respondent received Rs. 4,02,324.07 thus leaving a balance of Rs. 7,175.15 which the petitioner failed to pay inspire of repeated demands. The respondent claims interest Rs. 1126/- @ 15% p.a.In this way a ...
Shri Charan Singh Vs. Shri M.R. Dhawan
Court: Delhi
Decided on: Jan-04-1983
Reported in: ILR1983Delhi626
M.L. Jain, J.1. This order will dispose of three petitions Cr. M. (M) 99, 91 and 119 of 1982.2. The respondent filed on 4-6-1980 a complaint against 8 accused persons under Sections 166, 167, 218, 343, 500 and 120-B I.P.C. The complainant examined himself and ten other witnesses. A question arose before the learned Magistrate whether any sanction for the prosecution was or was not necessary under Section 197 Cr.P.C. The learned Metropolitan Magistrate did not consider that any sanction for prosecution was necessary and directed issue of process against the accused by his order dated 9-9-1980. One of the accused Shri V.V. Nagarkar challenged this issue of process by a petition Cr.M.(M) 49/81 in this court. My decision in that petition was given on 23-7-1981 vide V. V. Nagarkar v. M.R. Dhawan, : 20(1981)DLT203 . I reproduce the relevant conclusions :'I, thereforee, hold that no cognizance of the offences can be taken against the petitioner unless sanction of the appropriate Government is...
Jasobahen Desai Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Delhi
Decided on: Jan-03-1983
Reported in: (1983)4ITD324(Delhi)
1. The assessee in appeal is Mrs. Jasobahen Desai of New Delhi, the legal heir of the deceased assessee, Mr. I.D. Desai of New Delhi, an individual. The year of the assessment involved is 1974-75, for which the previous year ended 31-3-1974.2. For the year, the deceased assessee filed the original return on 25-7-1974 declaring a loss of Rs. 5,834. Subsequently, a revised return was filed withdrawing the capital gains of Rs. 35,405 shown in the original return and so the loss returned was shown at Rs. 41,239. The ITO -vide the assessment order dated 30-10-1976, however, determined the total income at Rs. 62,901, without complying with the provisions of Section 144B of the Income-tax Act, 1961 ('the Act').3. On appeal by the assessee, the AAC, instead of annulling the assessment as sought for by the assessee has set aside the assessment with a direction to the ITO to make the assessment afresh in accordance with law.4. In the appeal before the Tribunal, the learned counsel for the legal...
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