Court : Delhi
Reported in : 18(1980)DLT378
..... on the part of the respondents so as to furnish a fresh period of limitation and bring the main petition under section 20 of the arbitration act within time. the plaintiff has also filed amended petition (as proposed) along with this application. (7) the application for amendmeht is vehemently opposed by the respondents on two grounds. in the first ..... asking for consequential relief of possession as he was bound to do under section 42 of the specific relief act. so when he sought amendment of the plaint by adding relief for possession, even though at the time of the amendment a fresh suit for pre-emption would have been barred by limitation, prayer was allowed and it was ..... contended that the suit i.e. the main petition under sections 8 and 20 of the arbitration act is already barred by time and in case the plaintiff is allowed to introduce letter dated 21st july, 1975 on record by amendment of the pleadings at this late stage the respondents would be deprived of a very valuable right which .....
Tag this Judgment!Court : Delhi
Reported in : 19(1981)DLT329; 1981RLR380
..... is required to interfere in each and every case in which leave is declined by the rent controllers, the purpose of the amendment by which section 25b was incorporated into the act would be completely defeated. the legislative intent of incorporating section 25b was that where a landlord bona fide come to court seeking possession ..... no case of requirement of a drawing room was ever pleaded. he assails the averment regarding the protection available to the tenant under section 19 of the act on the ground that the protection is only available on a certain contingency happening after the eviction. regarding sufficiency of accommodation, the learned counsel for the ..... leave to defend the same. the respondent filed a reply to the application moved by the petitioner. following the procedure prescribed by section 25b of the act, the additional rent controller, delhi, decided the matter by his impugned order declining to grant leave to the petitioner to defend the eviction petition and ordering .....
Tag this Judgment!Court : Delhi
Reported in : 1981(8)ELT496(Del)
..... said rules in respect of the manufacture of such refrigerators, air-conditioners or refrigerating and air-conditioning appliances or machinery.' it will be seen that by the amending notification a proviso was added that no manufacturer shall be entitled to claim the exemption unless he avails of the procedure laid down in rule 56a. pursuant ..... that there was no absolute right in a party to claim that exemption should be granted from the date of the notification and that the government had acted very rationally in granting the permission and the petitioner there would not be entitled to any further relief. the order of the central government granting the petitioner ..... , amongst others, the parts from other indigenous manufacturers, namely, compressors, thermostats and starting relays. under item no. 29-a of the first schedule to the act, air-conditioners and parts thereof are subject to the levy of excise duty and during the relevant financial years 1966-67 and 1967-68 the rates of excise duty .....
Tag this Judgment!Court : Delhi
Reported in : 21(1982)DLT33; 1982RLR18
..... after the application had been filed, during the course of the arguments, the respondent filed an application under order vi rule 17 of civil procedure code for leave to amend the application filed by the tenant for leave to appear and defend the eviction petition filed by the petitioners. in this application, the tenant, interalia, sought leave ..... be allowed. (see : [1975]3scr958 ; pasupleti v. the motor general traders), the dispute before this court is regarding other two pleas being added by way of amendment namely (i) whether d.d. jaggi was a joint tenant with narinder jaggi and (ii) whether the premises were let out both for residential and commercial purposes.(8) ..... for eviction of the respondent on the ground of bona fide personal requirement as contained in second 4 (1)(e) of the delhi rent control act, 1958 (hereinafter referred to as 'the act').(2) the petitioner, smt. neera grover, and her son parveen grover filed a petition, for ejectment of the respondent shri narinder jaggi on .....
Tag this Judgment!Court : Delhi
Reported in : 1982RLR650
..... the details of these pleas as in view of these pleas the tenant-petitioner was allowed leave to appear and contest the eviction petition and thereafter the landlord applied for amendment of the petition by an application dated 20-12-1976 to add in paragraph 18(a)(i) of the petition that 'he has no other reasonably suitable accommodation for ..... . (2) the respondent filed an application for ejectment of the tenant-petitioner on or about 30-1-1976 under sub section 14(1)(e) of the delhi rent control act, 1958 (the act) on the following averments : 18 (a) (i) that the premises were let out to the respondent for use as residence and the same is now required bonafide by ..... to him and the premises in dispute were bonafide required by the landlord. (5) the tenant has come up in revision under the proviso to section 25b(8) of the act. (6) the petitioner, apart from oral submissions. has filed written argumentsfter i had issued a notice to show cause to the landlord as to why the petition for revision .....
Tag this Judgment!Court : Delhi
Reported in : AIR1982Delhi405; 22(1982)DLT1b; 1982(3)DRJ298; ILR1982Delhi345; 1982RLR468
..... landlords. the supreme court also, while construing the provisions of section 25b, and other provisions which were inserted by the amending act of 1976, took into consideration the aim and object of the amendment. one such case which arose for consideration before the supreme court, which primarily dealt with the case of a landlord who ..... 14a because the legislature felt that such applications should be disposed of expeditiously. in the statement of objects and reasons it was, inter alia) stated that the amendment was being made 'for simplifying the procedure for eviction of tenants in case the landlord requires the premises bona fide for the personal occupation'. (15) sub- ..... , the legislature intervened, and by delhi rent control (amrndment) act, 1976 chapter iiia was inserted in the act containing sections 25a, 25b and 25g. besides this some amendments were also made in the definition of the word 'tenant' in section 2(1) of the act, with which we are not concerned in this case. apart from .....
Tag this Judgment!Court : Delhi
Reported in : 1982(3)DRJ377; 1982RLR672
..... as the reliefs by way of declaration and injunctions arc concerned. the plaintiffs have thereforee to pay court-fee on the full value of the properties involved as per amendment made to section 7(4)(c) in punjab and delhi.(17) in view of the decisions on issues no. 1, 3 and 4. i need not go ..... plaintiffs apart from the declaration sought when such reliefs are available, the plaintiffs are precluded from seeking mere declarations. the provisions of section 34 of the specific relief act in this regard are mandatory and do not permit a mere relief of declaration being granted where consequential relief is as well available. that being the position of law ..... limitation for seeking declaration.(9) , as a result of long course of events taking place under the said documents, there been implementations and the sons of mahboob singh acting accordingly. the yourgest of the plaintiffs was stated to have been born in the year 1950 as per plaintiffs own version. thus he became major in the year 1968. .....
Tag this Judgment!Court : Delhi
Reported in : 1983CriLJ495; 22(1982)DLT33; 1982RLR553
..... such compensation as it thinks fit to the injured party and shall pay the balance, if any, to the party entitled thereto,(7) rule 2a was inserted by the amendment act of 1976. sub-rules (3) and (4) have been omitted and rule 2a enacted in their place. it provides for cases of disobedience or breach of injunction. ..... senior sub judge. those appeals were dismissed.(2) now the plaintiff has made an application to this court under sections 10 and 12 of the contempt of courts act 1971 (the act) read with article 215 of the constitution. the respondents to this application are (1) mrs. kamla mathur and (2) rama shankar mathur. the plaintiff complains ..... say was that the kalyanpur company, having derived their supposed interest from the secretary of state, who had been forbidden to interfere with the respondents' lease, were acting against the spirit if not the letter of the injunction in taking or continuing in possession of the quarries, and were thereforee guilty of contempt in interfering with .....
Tag this Judgment!Court : Delhi
Reported in : ILR1983Delhi661
..... iv) to (viii) is made through a combined engineering services examination (class 1) conducted by the union public service commission. salient features of special class railway apprentices (scra) scheme. in the indian railway service of mechanical engineers (irsme) previously designated as mechanical engineering and transportation (power) department (metp) of the superior revenue ..... of different quality from the one which was being given earlier up to 1959 batch. it is legitimate deduction that the reason why 1960 rules were amended to reduce training period to 4 years instead of 6 was to give the decision of 15-2-60 a statutory sanction. (44) mr. ..... : 'theinterests of fairness to individual whose interests will otherwise be directly and prejudicialiy affected may lead the courts to attribute binding effect to administrative acts and decisions which the competent authority wishes to repudiate or rescind, indeed, it would seem that the legal competence of administrative bodies to rescind their .....
Tag this Judgment!Court : Delhi
Reported in : ILR1983Delhi548
..... basis of therecommendations made by the hathi committee which byway of example mentioned 13 drugs. the prices are controlled under the essential commodities act by the drugs(prices control) order. without amending that ordervis-a-vis the five drugs in question the same have been putin schedule 'w to implement only a part of ..... , clause (b) of the impugned notificationdated 17/01/1981 is held to be illegal and ultra virus ofboth the act, other laws and articles 14 and 19(l)(g) ofthe constitution. the impugned amendment in rule 96 isstruck down. the respondents are further directed toamend the said notification and the maximum restrictionthat they can ..... central government, however, in exercise of the powers conferred by sections 12 and 33 of the act, by notification dated january 17, 1981, inconsultation with the drugs advisory board, amended rule96 of the rules. the effect of the amendment, inter alia,is that drugs specified in the said notification in schedule'w thereto containing a single .....
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