Court : Delhi
Reported in : 8(1972)DLT85
..... (1) this second appeal under the delhi rent control act, 1958, hereinafter referred to as 'the. ..... it was then observed:- 'the only question which remains to be seen is as to which or the statements in the reports exhibits at and a2 can be relied upon ..... the arrears of rent were deposited in the court under the provisions of the rent act and the question of eviction on the ground of non-payment of arrears of rent did not survive before the rent controller or the rent control tribunal and docs not survive here ..... his statement is, however, evidence under section 157 of the evidence act and, thereforee, the statement in his report that there was subletting and exclusive possession has to be weighed like any other evidence along with the other evidence on the record ..... (10) clause (b) to the proviso to sub-section (1) of section 14 of the rent act uses three expressions, namely, 'sub-let', 'assigned' and 'otherwise parted with the possession' of the whole or any part of the premises without obtaining the consent in writing of the landlord ..... 1 had acquired vacant possession of a residence within the meaning of clause (h) to the proviso to sub-section (i ) of section 14 of the rent act and held that even though respondent no. ..... rent act', has come before us upon a reference by one of us (tatachari ..... it was observed:- 'the reports are documents which have been produced as primary evidence and the proof by the commissioner of their execution proves their contents under section 61 of the evidence act. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1971Delhi284
..... the last sentence of clause 13 also indicates that the rent has been paid from 6th april, 1958 whereas the contract was signed on 8th april, 1958, thus indicating that the premises had been taken on rent two days before the rent-note was ..... the end of the term fixed by clause 13, i.e, after ii months and 24 days and the words following this fixation of the term of the lease deal only with the situation when the tenant continues to remain in the premises at the end of the term by reason of the delhi rent control act. ..... (6) this term clearly envisages the tenant remaining in the premises under the lease for as long as he continues to pay the rent which naturally leads to the conclusion that the tenancy is for more than ..... are two more questions remaining for consideration in this appeal ..... the only reasonable way in which this lease can be interpreted and i cannot accept the submission of the respondents' counsel that this lease 'by its own force enables the tenant to remain for ever in the premises. ..... of the learned appellate court that the father of the plaintiffs was acting as their trustee is not borne out by the decree. ..... which is the rent said to be due from avtar singh for the period 1st june, 1958 to 31st may, 1961, at the rate of rs. ..... only period during which the guarantee was operating for the purpose of this suit was from 1st june, 1958 to 31st march, 1959, i.e. ..... rent from 6th of april to 31st may, 1958 in cash against receipt and in witness thereof i have signed this on 8th april, 1958. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1971Delhi534
..... each of the three plots, along the ring road measured 11000 square feet or 1222 square yards; the remaining land was then divided (though not actually demarcated) into three plots of 500 square yards each. ..... but the other difficulty pointed out by the learned additional district judge would still remain, namely, that smaller plots usually fetch higher prices than bigger plots. ..... as being the 'diminution of the profit of the land between the time of publication of the declaration under section 6 of the act (25th october 1957) and the time of collector's taking possession of the land (2nd april 1958) at the rate of rs. ..... the notice under section 4 of the act was issued on 26th october 1957 for acquiring the lands belonging to the appellants and others. ..... (11) section 23 of the act prescribes that for determining the amount of compensation to be awarded 'the court shall take into consideration- first, market-value of the land at the date of the publication of the notification under section 4, sub-section (1)'. ..... she will also be entitled to interest on the said amount at 6% per annuum from 2nd april 1958. ..... the land acquisition collector gave his award on 10th october 1958. ..... lac 31 of 1960 arose out of reference application of shrimati chandra kumari mittal and the other out of the joint application of rajinder singh and harpal singh under section 18 of the land acquisition act 1894. ..... 4/1 and the notification under section 4 of the act. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1971Delhi29
..... the officer directly recruited to the indian administrative service will only be responsible in any new proceedings initiated after the date of compulsory retirement for the alleged acts of misconduct committed during the period of 4 years immediately preceding the date of instituting new proceedings while in the case of an officer of the former indian civil service he can be compulsorily retained in service beyond the date of compulsory ..... (20) it was urged on behalf of the petitioner that under rule 6 of the all india services (death-cum- retirement benefits) rules, 1958 which are analogous to rule 351-a of civil service regulations the central government has the right of with-holding or withdrawing a pension or any part of it whether permanently or for a specified period if the pensioner is found in a departmental or judicial ..... 1909 a c 253 where it was pointed out by lord loreburn that though section 51 of railways clauses consolidation act, 1845 framed as a proviso upon preceding sections, the latter half of it though in form a proviso, was in substance a fresh enactment adding to and not merely qualifying that which went before. ..... under clause (c) the grant of leave under this rule, extending beyond the date on which the government servant must compulsorily retire or beyond the date up to which the government servant has been permitted to remain in service, not be construed as an extension of service. ..... the remaining charges against the petitioner were prima facie established. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1971Delhi833; [1972]84ITR37(Delhi)
..... before the actual conveyance was not held to transfer the title to the colliery to the purchaser for the purposes of section 12-b of the act, the title passed only on the date of execution of the sale deed; and the capital gains from the transaction were held not assessable ..... (1) the following question of law along with the statement of the case was referred to this court under section 66 (1) of the indian income tax act 1922, herein called the act, by the income-tax appellate tribunal delhi bench b, at the instance of the commissioner of income tax, delhi, central & rajasthan, delhi 'whether on the facts and ..... sale' thereforee, had become a word of well recognised legal import at the time when it was introduced in the act; and in that sense, sale could be made only by a registered instrument, in the case of immovable property ..... (10) it is, thereforee, necessary first to find out, what is meant by the word 'sold' as occurring in section 10(2) (vii) of the act, which reads as follows:- '10(2)(vii) in respect of any such building machinery or plant which has been sold or discarded or demolished or destroyed, as the case may ..... that the sale-deed in respect of the said mills had not been executed and registered as was required by section 54 of the transfer of property act and the title to the property had not been passed to the subsidiary company and still remained vested in the assessed company. ..... 1958]34itr802(sc) the supreme court was considering the word 'sale' section 12-b of the act .....
Tag this Judgment!Court : Delhi
Reported in : ILR1972Delhi725
..... pools and for efficiently maintaining and repairing the municipal drains constructed or used for the reception or conveyance of such filth or polluted and obnoxious matter,'section 115(2) provides that: 'saveas otherwise provided in this act, the scavenging .tax shall be levied only in respect of lands and buildings - (a)in which there is a latrine, urinal cesspool, bathing place or cooking place connected with a municipal drain; or (b)which are ..... main across najafgarh nala, that till that portion of water main is laid, it would be difficult to take over drinking water service, that, however, it was notified under the provision of the municipal corporation act that sufficient drinking water was available in the colony, and consequently with a view to over-come the hardship of the residents of the colony, the corporation agreed to supply water and as such is entitled to ..... illegal, unjustified and contrary to rules of natural justice; and that the levy and recovery of taxes are connected with the rendering of the essential services as laid down in section 42 of the corporation act, and it is incumbent upon the corporation to provide the said services before they are entitled to levy and recover the taxes as the taxes are fees in lieu of the services to be rendered by ..... is incorrect that the corporation collects refuse from the colony every day, and that the refuse remains on the spot or is thrown by private sweepers on the vacant plots or in the drains ..... the society in the year 1958. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1971Delhi350
..... '(1)no suit shall be instituted against the authority, or any member thereof, or any of its officers or other employees, or any person acting under the directions of the authority or any member or any officer or other employee of the authority in respect of any act done or purporting to have been done in pursuance of this act or any rule or regulation made there under until the expiration of two months after notice in writing has been in the case of the ..... consequently, the period of limitation of three years which was available to the plaintiff under the limitation act to bring a suit for recovering the amount recovered from him in excess of what was legally due under the said lease deed ..... of six months was intended to apply only to cases arising out of an act or acts performed by the trust or its employees particularly mentioned or provided in the statute itself ..... authorised to collect what was not legally due under the lease deed the collection of the excess amount was not an act failing within the scope of the delhi development act and there could not be any reduction of any period of limitation in respect of it. ..... union of india and another (civil regular second appeal no 5 3-d of 1958 decided on 29th april 1964) interpreting a similar lease deed in the manner ..... in short, clause 9 means that a lessee can remain a lessee for a maximum period of 160 years comprising the first period of ninety years and the period of 70 years for the three renewals if new leases for renewed terms .....
Tag this Judgment!Court : Delhi
Reported in : ILR1971Delhi584B
..... 'evidence' used by their lordships of the supreme court, in our view, does not mean the evidence as defined in the evidence act and it only means the relevant facts which disclose a prima facie case against the respondents for the offence for the prosecution of which ..... then, ignoring public witness 27's evidence, the learned appellate court has applied the test to the remaining evidence which is applicable to circumstantial evidence and on applying the said test, he has held that where the circumstantial evidence is capable of being interpreted both in favor of as well as against the accused, the ..... undergo rigorous imprisonment for one year under section 120-b indian penal code and to undergo rigorous imprisonment for one year under section 167 of the sea customs act and also to pay a fine of rs 1,000 and in default of payment of fine, to undergo rigorous imprisonment for a further period of three months ..... of punjab : 1958crilj265 (2) the rule laid down by the supreme court is as follows:- 'the sanction under the act is not intended to be nor is an automatic formality and it is essential that the provisions in regard to sanction ..... in the court of the sub divisional magistrate, new delhi, against the following seven persons under section 120-b, indian penal code read with section 167(81) of the sea customs act, 1878; section 167(81) of the sea customs act; and under section 167(81) of the sea customs act read with sections 114 and 109, indian penal code :- 1.mitri kassab, 2. ..... 1958 .....
Tag this Judgment!Court : Delhi
Reported in : AIR1972Delhi150
..... the tenants respondents 1 to 3 have sublet, assigned or otherwise parted with the possession of a part of the premises to respondent no.4, their sub-tenant, within the meaning of proviso (b) to section 14(1) of the delhi rent control act, 1958 (hereinafter called the act) which runs as follows:--'(b) that the tenant has, on or after the 9th day of june, 1952, sublet, assigned or otherwise parted with the possession of the whole or any part of the premises without obtaining the ..... upheld by the rent control tribunal in the first appeal were as follows:--(1) the landlord was barred by constructive rest judicata from making the application for the eviction of the respondents under proviso (b) to section 14(1) of the act, and (2) respondent no.4 was in possession of a part of the premises from before 1-3-1956 when the premises were let by the landlord to the respondents 1 to 3 and, thereforee, it could not be said that the respondents 1 to 3 sublet, assigned or ..... under section 20 of the delhi and ajmer rent control act, 1952, such a sub-tenant became a direct tenant of the landlord if the tenancy came to an end prior to the 9th of february, 1959 when the act came into force in view of section 18(2) of the act if the interest of such a lawful sub-tenant was not determined when the tenancy came to an ..... principles underlying in provisions of the civil procedure code are applicable to the proceedings under the act in view of rule 23 of the rules made there under and section 37(2) thereof. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1972Delhi110
..... one of the meanings of the word 'challenge' as given in webster's new international dictionary is calling to account or into question as to obtain justification or verification and that the words 'desiring to challenge the existence' occurring in section 33 of the act, have been used in the sense of desiring to put in issue for trial the respective cases set up by the opposite parties and it does not necessarily mean that only the parson who disputes the agreement ..... the counsel for the respondent has submitted that the application is not maintainable under section 31 of the act since the same deals only with the jurisdiction of the court and does not confer any right on a party to obtain relief and that the application has not been filed under section 33 of the act and the remedy, if any, available to the petitioner affirming the existence of the arbitration agreement, was ..... this petition had been filed on 15th march 1965 by the union of india petitioner under section 31 of the arbitration act for reliefs that it be declared that there is a valid, concluded binding contract between the parties and that the reference to the appointed arbitrator is valid ..... engineers are authorised to sign and verify the pleadings under statutory rule no.351 dated 25th january, 1958 and there is hesitation in placing reliance on the same. ..... the contract agreement remains unfinalised and uncompleted ..... took one year and five months before deciding the award * * * * * * and our designs remain unapproved. .....
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