Court : Delhi
Reported in : 1968CriLJ675; 3(1967)DLT419
..... .ll,pending. on the date when the present application for a writ of habeas corpus was presented in this court. a complaint under section 7 criminal law amendment act, 1932, coupled with sections 353/147/149, indian penal code, was among tohers presented in the court of shri jagmohan, magistrate 1st class on 3rd may ..... . a ntoification dated 11th january, 1933 issued by the -chief commissioner, delhi, in exercise of the powers conferred on him, by section. 10 of the criminal law amendment act, 1932 is published, declaring offences under section 188, indian penal code, when committed in delhi, to be buth cognizable and nonbailable. this gazette is, in our opinion, ..... still in custody awaiting his release pursuant to' the order directing his retease. the learned counsel has drawn our attention to section 10 of the criminal law amendment act no. xxiii of 1932 which con'fers power on the state government to make certain offences cognizable and non-bailable. the offences which a state government .....
Tag this Judgment!Court : Delhi
Reported in : 3(1967)DLT593
..... facts and circumstances of the present case, the plaint must be held for the purposes of ccurt-fee to be confined only to the relief of injunction. the court fees' act, it may also be pointed out, though ntoorious for its bad drafting and without a preamble to give guidance to the legislative intendment, was nto passed to arm a ..... nouncement. the question which was considered to be of importance is the meaning of the word 'property' employed in the proviso to section 7(iv)(e) of the court fees' act. (3) before us, however, the learned counsel for the plaintiff-peti- tioner has submitted that the present case is.covered by section 7(iv)(d) and that section 7( ..... argued that the case should be deemed to fall within section 7(iv)(e) of the court: fees' act. this provision of law provides for suits to obtain a declaratory decree or order where consequential relief is prayed. in the local amendment made by the state of punjab, which is also applicable to delhi, it is provided that in suits coming .....
Tag this Judgment!Court : Delhi
Reported in : ILR1969Delhi9
..... s submission. in november, 1967, an application was presented in this court on behalf of the appellant praying for amendment of the written statement so as to plead absence of ntoice under section 106 of the transfer of property act, which, according to the averments in the application, rendered the petition for eviction liable to dismissal. it was ..... lease on long lease from the government was also held to be immaterial in view of the amendment made in 1964 in section 3 of the act. shri kapur has strongly criticised the view of the learned tribunal in holding that the amendment in section 3 effected in 1964 can help the landlady in the case in hand. this ..... thika tenant in the manner provided in section 106 of the transfer of property act. there is no such provision in the act. but apart from this distinguishing feature, in pritam singh's case, this court, in the exercise of its discretion declined to allow amendment in circurpstances very much similar to those in the case in hand. ntohing .....
Tag this Judgment!Court : Delhi
Reported in : AIR1969Delhi311
..... pleadings in suits in ordinary courts of law governed by the code of civil procedure, uninfluenced by special restriction placed by the representation of the people act.8. all amendments, as observed by the supreme court in pirgonda hongonda patil v. kalgonda shidgonda patil, : [1957]1scr595 , ought to be allowed which satisfy the two ..... propaganda maliciously maligning the plaintiff in connection with the alleged contract in controversy. by amendment of the plaint, a decree for rs.500 on account, of damages for defamation was claimed in addition to the declaration and the injunction. the cause ..... did nto agree to accept that position. it was on these averments that the plaintiff prayed for a declaration and injunction.4. in the application for amendment of the plaint, it was pleaded that the plaintiff also wanted to claim damages for defamation against defendants nos. 1 and 2 because they were carrying on .....
Tag this Judgment!Court : Delhi
Reported in : 5(1969)DLT412
..... tenants contested the proceedings, even challenging the ownership of the landlady and of course questioning the bona fide of her requirement. at the conclusion of the trial, an amendment was also sought in the written statement to the effect that the landlady had already failed in her ejectment application previously based on the grounds urged on the present ..... to re-evaluate the entire evidence for myself which, as observed earlier, is nto open to this court on second appeal under section 39 of the delhi rent act.(13) the chief argument on which the appellant's learned counsel has seriously concentrated his challenge to the learned tribunal's order is that it is the landlady who ..... and that this court is nto a entitled to go into the evidence and appraise it for itself on second appeal under section 39 of the delhi rent control act. in regard to the report of the local commissioner, the learned counsel has very strongly submitted that reliance on this report was nto pressed in the appeal .....
Tag this Judgment!Court : Delhi
Reported in : AIR1971Delhi170
..... said to have withdrawn the reference in view of the fresh notification under section 4. but, after the promulgation of the ordinance and the enactment of the amendment act on january 20, 1967, and april 12, 1967; respectively, the petitioners could move the district court for restoration of the reference in view of the revival ..... filed objections on december 21, 1966 to the new acquisition proceedings. it was at that stage that the ordinance was promulgated on january 20, 1967 and the amendment act was enacted on april 12, 1967. the consequence was that the earlier acquisition became valid retrospectively.at that stage, two courses were open to the respondents. one ..... the facts of the present case the respondents by their actions and conduct prior and subsequent to the promulgation of the ordinance and the enactment of the amendment act, were estopped from contending that they had not cancelled, withdrew or abandoned the earlier acquisition, and that they had no power to do so. reliance was .....
Tag this Judgment!Court : Delhi
Reported in : ILR1971Delhi758
..... -61. it was emphatically urged in the written statement that the imposition was legal. (3) the court of first appeal attended to the amendment introduced in section 109 of the municipal corporation act (act 66 of 1957). that provision is :- '119.(2) where the possession of any land or building being property of the union, has ..... of necessity to be read as composite provisions. if a true interpretation is given to sub-section (2) of section 119 introduced by way of an amendment in 1961, then it becomes obvious that if the lands or buildings being the properties of the union of india remain in possession of the union of ..... the chief settlement commissioner, be recovered in the same manner as an arrear of land revenue.' '39.validation of certain action taken before the commencement of the act.-anything done or any action taken (including any order made) by the chief settlement commissioner, settlement commissioners, additional settlement commissioners or settlement officers for the purposes of .....
Tag this Judgment!Court : Delhi
Reported in : ILR1971Delhi311
..... notifications under section 4 and 6 by payment of simple interest at the rate of 6% per annum on the market value of such land. the provisions of the amending act were examined by the supreme court in udai ram sharma and others v. the union of india and others (air 1968 sc 188). in paragraph 36 of the judgment ..... had not been completed and where declaration under section 6 was issued more than three years after the notific-uion under section 4. if the amending act itself was valid and so was the acquisition act, the payment of additional compensation would have to be held as sufficient compensation for the time taken by the respondents in issuing a notification under ..... the provisions were summed up by mitter j. as follows: - (a)to amend the act for the future by empowering the making of more than one declaration under section 6. (b) to validate completed acquisitions on the basis of more than one declaration under .....
Tag this Judgment!Court : Delhi
Reported in : ILR1972Delhi769
..... only on a substantial question of law. under the circumstances, it would be safe to assume that the orders passed by the controllers under the rent control act allowing or disallowing amendment of the pleadings would be found as not affecting the rights and liabilities of the parties and will not be appealable, but as a matter of law ..... settled by a larger bench. the reference is confined to the determination as to whether an appeal would lie under section 38 of the act to the rent control tribunal against an order allowing an amendment of the pleadings within the scope of order 6, rule 17 of the civil procedure code. (5) the application made by the respondent on the ..... , but if he is added as a sub-tenant for another person holding under or jointly with a tenant, the amendment cannot be said to affect the rights of the parties. (20) the scheme of the rent act is that the proceedings should be expeditiously concluded and an aggrieved party may on an appeal against the final order challenge .....
Tag this Judgment!Court : Delhi
Reported in : AIR1973Delhi15
..... , it clearly implied that the applications must be presented to a court governed by the code of civil procedure. even the applications under the arbitration act that were included within the third division by amendment of articles 158 and 178 were to be presented to courts whose proceedings were governed by the code of civil procedure. at best the further ..... as it were, added the words 'under the code' in the first column of that article.' it was further held that the amendment of articles 158 and 178 ant the insertion of the words 'under the arbitration act, 1940' in place of the words 'under the code of civil procedure, 1908' did not alter the settled meaning of article 181 ..... was reiterated by the supreme court in a later case in : [1969]2scr232 and the supreme court gave the following reasons for adhering to its earlier view:'in amending arts. 158 and 178 the legislature acted upon the view that the references to the code of civil procedure, 1908 in the second schedule to the limitation .....
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