Delhi Court August 1984 Judgments
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Balwinder Singh Vs. Gurpal Kaur
Court: Delhi
Decided on: Aug-14-1984
Reported in: AIR1985Delhi14; 1985(8)DRJ66; 1984RLR653
J.D. Jain, J. (1) This appeal is directed against judgment and decree dated 8th April 1982 of an Additional District Judge (Miss Usha Mehra), whereby she declared the marriage solemnised between the parties on 7th April 1975 in accordance with Hindu rites and ceremonies (Anand Karaj) as null and void and granted a decree of nullity of marriage in favor of the respondent wife. (2) The undisputed facts of this case are that the marriage between the appellant and the respondent was solemnised in accordance with Hindu rites and ceremonies (Anand Karaj) on 7th April 1975 at Sant Nagar, New Delhi. The parties lived together as husband and wife uptil 26th April 1977. There is no issue out of the wedlock although the respondent conceived from the appellant twice or thrice but there was abortion every time. On 19th November 1979 the respondent made a petition under Section 11 of the Hindu Marriage Act (hereinafter referred to as the Act) for a declaration that the marriage between the parties w...
Menaka Gandhi Vs. Indira Gandhi and anr.
Court: Delhi
Decided on: Aug-14-1984
Reported in: AIR1985Delhi114; 1984(7)DRJ238
Prakash Narain, C.J. (1) Yesterday morning we dismissed this appeal by a. short order slating that we will give our reasons later as there were several other admission matters which had still to be taken up for consider- ation and it would not have been appropriate to keep the counsel and the parties waiting in those cases. We now proceed to give our reasons as to why we found no force in the appeal and dismissed it in liming. (2) This appeal under Clause X of the letters patent of the Punjab High Court, as applicable to this court, is directed against the judgment of a learned Single Judge of this court, who dismissed the appeal filed by the appellant (F.A.O. N.) 74 of 1984) affirming the order of the District Judge, Delhi, in a petition filed by the appellant under Section 278 of the Indian Succession Act. The District Judge, Delhi had by his judgment directed that letters of Administration shall be issued to the appellant subject to certain directions. The directions issued, inter a...
The Staff Superintendent of State Bank of Patiala Vs. the Presiding Of ...
Court: Delhi
Decided on: Aug-14-1984
Reported in: 1985(1)SLJ411(Delhi)
Sachar, J.(1) This petition is directed against the aware dated 17-4-1980 given by the Presiding Officer. Central Government Industrial Tribunal-cum-labour Court (and published in Gazette dated IT-5-1980) wherein it was held that the discharge of respondent No. 3 from service of the petitioner management was not justified and was illegal. Consequently the same was set aside and the respondent No. 3 workman was directed to be reinstated with continuity of service, full back wages and other benefits.(2) The Central Government by its order dated 16-8-1974 made a reference to the Industrial Tribunal-whether the action of the management in terminating the services of respondent No. 3 was justified. The background leading to this reference is that the respondent No. 3 was charge sheeted by the management by a chargesheet dated 8-12-1969. The management is stated to have held an enquiry and after the consideration of the enquiry report the respondent No. 3's services were terminated by an ord...
Balbir Singh Vs. Union of India and ors.
Court: Delhi
Decided on: Aug-14-1984
Reported in: 1985(1)Crimes929; 26(1984)DLT413; 1984RLR564
D.R. Khanna, J.(1) By this writ of habeas corpus, the detention of Balbir Singh @ Pappu Singh under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 is sought to bequashed. That order was made by the Administrator of the Union Territory of Delhi on 25-5-1984, and it was mentioned that this was with a view to prevent him from abetting the smuggling of goods viz. wrist watches straps etc. (2) In the detailed grounds of detention attached with the detention order, it was mentioned that one Rameshwari Devi who used to collect rubbish at the Palam Airport, was apprehended while removing a card-board box containing four packets from the International Departure Hall near Immigration counter on 28-3-1983. Those packets were found to contain 461 wrist watches and 119 watch straps collectively valued at Rs. 61.790.00 (c.i.f.). They were seized under Section 110 of the Customs Act. Her personal search further revealed that she was in possession of Rs. 2400.00 ...
National Agricultural Vs. Inspecting Assistant
Court: Income Tax Appellate Tribunal ITAT Delhi
Decided on: Aug-13-1984
Reported in: (1985)11ITD165(Delhi)
1. This appeal by the assessee is directed against the order of the Commissioner (Appeals) and relates to the assessment year 1978-79. The assessee is an apex co-operative society engaged mainly in marketing of agricultural produce of its members and some other activities as well.The accounting year ended on 30-6-1977.2. The first ground is that deduction under Section 80P(2)(a)(m) of the Income-tax Act, 1961 ('the Act'), should have been allowed on gross profit and not on processed income under the Act. The IAC, who completed the assessment, had allowed deduction of Rs. 68,97,076 under the above provision. This amount was shown by the assessee as the net income attributable to the activity of marketing the agricultural produce of the society's members. A bifurcation between the activities, vis-a-vis, members and non-members, was made by the assessee and there is no dispute about it. However, the assessee claimed before the Commissioner (Appeals) that the deduction to be allowed under...
Agrob Anlagewbau Gmbh Vs. Orient Ceramics and Industries Ltd.
Court: Delhi
Decided on: Aug-13-1984
Reported in: [1986]60CompCas691(Delhi)
H.L. Anand, J.1. Agorb Anlagewbau G.m.b.H, a West German Company, for short, the German company, seeks to wind up Orient Ceramics and Industries Ltd., for short, 'the company', on the ground that the company is indebted to the German company to the extent of DM 441,075.32 together with interest on the amount at 18% per annum from July, 1982, on account of fees for know-how, technical services and assistance in terms of the collaboration agreement entered into between them, which the company has failed to pay notwithstanding the statutory notice claiming the amount from it. The collaboration agreement of the manufacture, etc., of ceramic tiles, glass and glassware and certain other items, with the technical know-how and services of the German company, was initially entered into between the German company and one Kejriwal. The company was incorporated pursuant to this agreement and the rights of Kejriwal in the collaboration agreement were apparently transferred to the company. The total...
Swastika Metal Works Vs. Collector of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Aug-10-1984
Reported in: (1989)(43)ELT320TriDel
1. M/s. Swastika Metal Works, Jagad-hari (Haryana), is a partnership firm started in 1944. This firm produces non-ferrous alloys and sheets.In February 1976, Swastika Metal Works (Utensils Division) came into existence. It was intended for the manufacturing of utensils. M/s.Swastika Metal Works (Jagadhari) have given a portion of their premises on rent of Rs. 2,500/- per month to M/s. Swastika Metal Works (Utensils Division). On 25-7-77, a letter to that effect was communicated to the Superintendent, Central Excise, Yamunanagar. According to the appellants, Swastika Metal Works (Utensils Division) and Swastika Metal Works are two separate, independent and distinct partnerships. On 1-8-77, a letter was received from the Supdt., Central Excise, Yamunanagar, stating that the Asstt. Collector, Central Excise, Chandigarh, has held that both the units are to be treated as of the same manufacturer. The appellants sent a reply on 11-8-77 urging that they should be given an opportunity to expl...
D.L.F. United Limited Vs. Commissioner of Income-tax
Court: Delhi
Decided on: Aug-09-1984
Reported in: [1986]161ITR714(Delhi)
D.K. Kapur, J. 1. Five questions of law have been referred to us under section 256(1) of the Income-tax Act, 1961, for the assessment year 1963-64. These questions are : '1. Whether. on the facts and in the circumstances of the case, the compensation of Rs. 2,33,489 and enhanced compensation of Rs. 1,O4,924 received by the assessed for the acquisition of its lands by the Government is assessable to tax as the profits of the assessed's business 2. Whether, on the facts and in the circumstances of the case, the compensation of Rs. 2,33,489 and enhanced compensation of Rs. 1,04,924 was its agricultural income within the meaning of section 2(1) of the Income-tax Act, 1961, and as such exempt from income-tax 3. Whether, on the facts and circumstances of the case, the character of the assessed's lands changed from stock-in-trade and the same stood sterilised and was converted into a capital asset as a result of the issue of notification under section 4 of the Land Acquisition Act, 1894 4....
Mahinder Kumar Khandelwal Vs. Padam Chand
Court: Delhi
Decided on: Aug-09-1984
Reported in: 26(1984)DLT452; 1984(7)DRJ196
Charanjit Talwar, J.(1) As far as the finding of the Competent Authority that the petitioner is earning more than Rs. 1000.00 per month and as such has means to arrange for alternative accommodation in the event of his eviction, I am of the view that that finding cannot be reassessed or reappraised by this Court while considering the case under Article 227 of the Constitution. (2) As per the pleadings and the affidavit two facts, namely, (1) that Smt. Putli Devi was a co-owner and in that capacity was entitled to her share of the rent of the premises in dispute and (2) that the gene- ral power of attorney which she had executed in favor of the applicant (respondent herein) had been revoked by her on 11th September, 1968, clearly emerge. The reference by the respondent in the replication to an earlier suit wherein the relationship of landlord and tenant between the parties herein had been decided, is of no help in deciding the question whether the application was maintainable without th...
Municipal Corporation of Delhi Vs. Anil Kumar and anr.
Court: Delhi
Decided on: Aug-09-1984
Reported in: 1984(2)Crimes427; 26(1984)DLT387; 1984RLR569
Yogeshwar Dayal, J.(1) This appeal by special leave on behalf of the Municipal Corporation of Delhi is directed against a judgment of the Metropolitan Magistrate, Delhi, dated 7th March, 1977 whereby the learned Magistrate acquitted the respondent Anil Kumar, of the charge under Section 7/16(l)(a)(i) of the Prevention of Food Adulteration Act 1954 (hereinafter referred to as 'the Act') but convicted him for violation of Rule 50 of the rules framed under the aforesaid Act for selling the red chillies without license. (2) It appears that the Food Inspector had purchased red chillies weighing 450 gms. from the respondent and divided them into three equal parts and sent one of the parts to Public Analyst for analysis. The Public Analyst reported that the chillies are adulterated, hence the complaint was filed. (3) The learned Metropolitan Magistrate took the view that the chillies powder is 'condiment' and the minimum quantity required for analysis is 200 gms whereas the sample which was s...
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