Delhi Court January 1986 Judgments
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P.P. Prabhakar Vs. Secretary, Government of India
Court: Delhi
Decided on: Jan-23-1986
Reported in: 1986(2)Crimes570; 29(1986)DLT248
S.B.Wad, J. How far law protects creative aesthetic expression of an artist 7 Is the intellectual property of an artist governed by the game norms as commercial property Where does the freedom (of expression) of the author and, where does the Director begin What is the scope and width of section 57 of the Copyright Act, 1957? These are the questions raised in Mannu Bhandari's suit against M/s. Kala Vikas Pictures (Pvt.) Ltd. and its producer and director. Kala Vikas has produced motion picture 'Samay Ki Dhara' under assignment of filming rights of her novel 'Aap Ka Bunty.' Her complaint is of the mutilation and distortion of the novel. She pleads for permanent injunction against its screening and exhibition. Although many authors complain of such distortions, few have sought judicial protection. Hence, there is no precedent of any law court to guide the film industry. (2) The trial court has refused an ad-interim restraint order. The appeal is against this order. (3) At the time of the...
Bal Krishan Sita Ram Pandit Vs. State
Court: Delhi
Decided on: Jan-23-1986
Reported in: 1987CriLJ479; 29(1986)DLT394; 1986(10)DRJ195
G.R. Luthra, J.(1) A charge under section 304. Part-11 Indian Penal Code was framed against the present appellant. He was, however, by the judgment dated October 9, 1975, convicted of an offence punishable under section 323 Ipc and sentence to undergo imprisonment of the court and a fine of Rs. 1000.00 in default of payment of which he was to under go imprisonment for six months. (2) Mehtab Rai Jain (now deceased) was residing along with bids daughter Raj Rani, his sons Ranvir Singh Jain (Public Witness 1), Udai Singh Jain (PW 2), his wife Smt. Premwati Jain (Public Witness 4) and his mother Smt. Kalawati (PW 3) in a portion of house No. 2710, Chowk Raiji, Delhi. Raj Rani was working as a teacher in Government Higher Secondary School, Panama Building, Ballimaran, Delhi. She had some differences with her parents. She left the house of her father and started living separately in a house situated in Gandi Gali, Fatehpuri, Delhi. (3) The case of the prosecution briefly is as follows. The a...
Commissioner of Wealth Tax Vs. M. N. Soi and Sons.
Court: Delhi
Decided on: Jan-23-1986
Reported in: (1986)51CTR(Del)227
S. Ranganathan, J. - These are two applications under s. 27(3) of the WT Act by the CWT. The question are common to the two assessment years involved, namely, 1958-59 and 1964-65. The question relate to the valuation of two house properties in Delhi. The questions of which the reference is sought are as follows :'1. Whether on the facts and in the circumstances of the case, the Valuation Officer while estimating the market value in accordance with the provisions of r. 1BB when there is nothing in s. 16A(5) for the Valuation Officer to follow r. 1BB(3), the WTO is not bound to take the value as estimated by the Valuation Officer under s. 16A(5) of the WT Act, 1957 2. Whether on the facts and in the circumstances of the case, the Tribunal is right in holding that the valuation of the property be not done on the basis of the actual rent received by the assessed but be done on the basis of the standard rent determinable under the Delhi Rent Control Act/N.D.M.C. Act 3. Whether on the facts ...
Royal Paints and anr. Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Jan-22-1986
Reported in: (1987)(31)ELT566TriDel
1. The above captioned miscellaneous applications arise out of the above captioned appeals, and both the appeals arise out of a common Order in Appeal Nos. 287 and 288 of 1980 dated 16.5.1980 passed by Central Board of Excise and Customs, New Delhi. The applicants have filed the applications under Rules 39 and 41 of the CEGAT (Procedure) Rules, 1982 and other enabling provisions. The contents of both the applications are similar. The prayer in the case of Royal Paints Products is reproduced below :- "(a) The notice be issued for discovery of the record of the lower quasi-judicial authorities as well as that of the Government of India, concerning to the present proceedings. (b) That in the alternate a fresh direction be issued for securing the record of adjudication proceeding and appeal proceeding concerning to present case. (c) That the records so procured/summoned be offered to the Applicant/Appellant for inspection. (d) That any other relief self or direction which is think fit and...
Commissioner of Wealth-tax Vs. S.K. Dass
Court: Delhi
Decided on: Jan-22-1986
Reported in: [1986]161ITR292(Delhi)
1. These are six applications under section 27(3) of the Wealth-tax Act, 1957, relating to the valuation of a property in dispute. The property in dispute was acquired under the Land Acquisition Act on November 19,1966. For the assessment years 1967-68 and 1969-70 to 1973-74, the assessed returned the valuation of the property for purposes of wealth-tax at the figure of compensation which he received from the Land Acquisition Collector. When the matter came up for assessment before the Wealth-tax Officer, the Wealth-tax Officer fixed the valuation at the figure which the assessed had claimed before the High Court by way of enhancement of compensation. 2. The assessed took up the matter in appeal before the Commissioner of Wealth-tax (Appeals). The Commissioner of Wealth-tax (Appeals) accepted the valuation as given by the assessed, namely, the compensation received by him from the Collector because the subsequent enhancement done by the district judge was not done during the relevant a...
Sir Shankar Lal Foundation Vs. Commissioner of Wealth-tax
Court: Delhi
Decided on: Jan-22-1986
Reported in: [1987]168ITR140(Delhi)
Yogeshwar Dayal, J.1. This order will dispose of two applications under section 27(3) of the Wealth-tax Act, 1957, relating to the assessment years 1973-74 and 1974-75, respectively. The assessed has sought the statement of case to be called in relation to the following two questions : '1. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in coming to a conclusion that the assessed-society registered under the Societies Registration Act and which is a public charitable foundation falling within the ambit of section 21A of the Wealth-tax Act, 1957, read with section 3 of the said Act was liable to wealth-tax and that wealth-tax is livable on the assesses-foundation 2. Whether the foundation which is a society registered under the Societies Registration Act can be treated to have authors/founders with reference to its subscribers/trustees and whether the term 'substantial contribution' should be seen with reference to the total contribution recei...
The Chartered Bank Vs. Indo-swiss Circuits (P) Ltd. and ors.
Court: Delhi
Decided on: Jan-22-1986
Reported in: ILR1986Delhi399
Jagdish Chandra, J. (1) The defendants moved this application under Order 6 Rule 17 of the Code of Civil Procedure (in short the Code) for amendment of their written statement so as to include their counter-claim in the sum of Rs. 4-02,500.00 with all the detailed circumstances attending thereto. This application has been resisted by the plaintiff. The only short question involved in deciding his application is if the defendants can be permitted to amend their written statement so as to include their counter-claim in view of the specific provision of law contained in Order 8 Rule 6-A of the Code which provides for the filing of the counter-claim by the defendants before the defendants have delivered their defense or before the time limited for delivering their defense has expired. Order 8 Rule 6-A reads as under :- (1)A defendant in a suit may, in addition to his right of pleading a set-off under Rule 6, set up, by way of counter-claim against the claim of the plaintiff, any right or c...
Kuli Ram Vs. State
Court: Delhi
Decided on: Jan-22-1986
Reported in: 1986(2)Crimes417; 29(1986)DLT425; 1986(10)DRJ314
Charanjit Talwar, J. (1) By this appeal the appellant is challenging his conviction under Section 376 of the Indian Penal Code. He is thus seeking to set aside the judgment passed on 20th April, 1985 and the order of the same date. sentencing him to undergo rigorous imprisonment for seven years. The incident, occurred at night of 12th May, 1984. The First Information Report was got recorded by the prosecutrix on the next day. The accused was also arrested on that date. The prosecutrix as well as the appellant were medically examined on that very day at Lok Nayak Jai Prakash Narain Hospital. According to medico legal certificate Ex. Public Witness 8/A pertaining to the appellant, the appellant stated to the doctor at the time of his examination that he had a had sexual intercourse with a woman who had offered herself to him. This has been recorded in that document. The underwear which was worn by the appellant at the time of his examination was taken into possession. On analysis semen s...
Mantha Devi Vs. Gopal Singh
Court: Delhi
Decided on: Jan-22-1986
Reported in: I(1986)ACC462; 29(1986)DLT525
S.B. Wad. J. (1) This is a claimant's appeal for enhancement of compensation, The Tribunal has awarded Rs. 20.750.00 towards compensation. The claimants have claimed Rs. 90.000.00 as the compensation. There is a cross appeal filed on behalf of the owner of the vehicle and the Insurance Company. (2) The accident took place on 18.1.69 at Chirag Delhi road, near Railway crossing, New Delhi. Deceased Belam Singh was going on his cycle from his Office, viz. Central Road Research Institute, towards his home in Sewa Nagar. He took a turn at Chirag Delhi and at that time Bus No. Dlp 3663 came from the Mathura Road side and in an attempt to take a turn to Chirag Delhi road came on the the wrong side. The bus hit the cyclist violently. Deceased Belam Singh fell down and was run over by both the wheels of the bus. As a result of the injuries sustained, Belam Singh died on the spot. (3) The post-mortem report submitted by Dr. M.K. Babu showed that the lever of the deceased was lacerated and was co...
Kalu Sing Vs. Union of India and ors.
Court: Delhi
Decided on: Jan-22-1986
Reported in: ILR1986Delhi488
Malik Sharief Ud-Din, J.(1) RULE. D. B. The petitioner Kallu Singh has been detained by an order dated 17-41-85 passed-by Shri K.K. Owiyedi Joint Secretary to Government of India. The detention order is under, section' 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act of 1974 (for short Opeposa Act). This order has been purportedly passed to prevent him from abetting smuggling goods and engaging in. transporting smuggling goods, dealing in smuggled goods otherwise' than by engaging in concealing and keeping smuggled goods. Along with detention Order grounds of detention of even date were served upon the detenue (petitioner) and he was also informed of his entitlement to make a representation both of the detaining authority and to the Central Government and also to the Advisory Board. By this petition he has challenged the aforesaid detention order. (2) Earlier he was arrested on 7-11-84 and was produced before the Magistrate on' 8-11-84. He was rem...
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