Court : Delhi
Reported in : AIR1982Delhi71; 1981(3)DRJ86
..... meaning of order 9 rule 13 civil procedure code . taking into consideration the certificate of the commandant that the appellant was out of station on a temporary duty under the authority of army headquarter from 10-11-79 and that he joined duty in banglore only on 10-12-79, that he was on essential duty and the exigencies of service were such .....
Tag this Judgment!Court : Delhi
Reported in : 20(1981)DLT399
..... . a representation was, in fact, made to the lt. governor and it was considered by the lt. governor. (17) shri herjinder singh contended that under section 2 of the national security act the state government in relation to a union territory means the administrator and that the information to the detenu that he could make a representation to the lt ..... or improper exercise of the vast powers of preventive detention which may be vested in the executive by a law of preventive detention such as the maintenance of internal security act, 1971.'(9) in smt. shalini soni v. union of india and others : 1980crilj1487 , the supreme court had, again, the opportunity to consider the scope and the safeguards ..... the court and for the quashing of the order of detention dated 1st august, 1981. (2) by an order dated 1st august, 1981 under sub-station (2) of section 3 of the national security act, 1980 the commissioner of police shri p.s. bhindar detained purshottam das gupta with a view to prevent him from .....
Tag this Judgment!Court : Delhi
Reported in : AIR1982Delhi233; 21(1982)DLT87; ILR1982Delhi75
..... lacs. it is thereforee held that the appellants are entitled to compensation to the extent of rs. two lacs.11. the appellants are also entitled to interest under section 100cc of the act. the accident took place in 1972 and nothing hag been paid to them on account of the stay granted by this court. the tribunal has granted 6 per ..... , master ajay kumar and arun kumar (appellants no. 3 and 4) his sons and smt. sushila devi, his mother on 23rd december, 1972 filled a petition under section 110a of the act claiming compensation of rs. 2 lacs alleging that on 22nd july, 1972 at about 2 p.m. satish chander sharma was going on his motor cycle 'dlq' 2838 ..... have thus no doubt that the bus was running at an excessive speed even while approaching the crossing. driving regulations under sections 77 and 78 of the motor vehicles act, 1939 are contained in the tenth schedule to the said act. regulations 6 and 7 read as under :'6. the driver of a motor vehicle shall slow down when approaching a road .....
Tag this Judgment!Court : Delhi
Reported in : AIR1982Delhi217; 21(1982)DLT77; 1982(3)DRJ6; 1982RLR29
..... 22) in these circumstances it must be held that the tribunal committed a grave error of law in striking off the defense of the appellants under section 15(7) of the act. the tribunal did not take into account the aforesaid principles laid down in the aforesaid authorities and juncked to the conclusion. merely because the default remains ..... for striking out the defense all these above said deposits were brought out and specifically mentioned. it was also submitted that there was no order under section 15(1) of the act. (11) the learned additional rent controller after noticing the aforesaid conduct declined to exercise his discretion for striking out the defense of the appellant ..... any notice was affixed on the premises. (4) after hearing the parties, on 9th january, 1973 the learned additional rent controller passed an order under section 15(1) of the act requiring the appellant, to deposit arrears of rent with effect from 1st may, 1969 @ rs. 26.25 ps. per month. the appellant deposited the .....
Tag this Judgment!Court : Delhi
Reported in : 21(1982)DLT102
..... are also similar. (24) it will be noticed that one of the essential ingredients for claiming ejectment by a landlord under proviso (e) to sub-sec. (1) of section 14 of the act is that the premises from which eviction is sought must be let out for residential purposes only. the essential ingredient was specifically pleaded by the landlord. ..... requisitions of the said provision which were alleged by the landlord, yet there was no dential of this essential ingredient. the proceedings before the controller under section 25-b of the act are summary in nature and it was not merely an explanationn of the plea already taken but it was a fresh plea which was sought to ..... yogeshwar dayal, j. (1) this revision petition under proviso to sub. section (8) of section 25b of the delhi rent control act, 1953 (hereinafler referred to as 'the act') is directed against the order, dated 19th september 1979 passed by learned rent controller, delhi, refusing to grant leave to the petitioner-tenant to defend the .....
Tag this Judgment!Court : Delhi
Reported in : (1982)29CTR(Del)137; [1983]140ITR748(Delhi)
..... clearly of the opinion that a 'political purpose' is not a charitable purpose ass being one 'for the advancement of any other object of general public utility' within section 9(4) of the act.' 47. subba rao j. dissented. he summarized his views as follows (p. 1613 of air 1962 (c)): '(1) the english decisions are based upon a ..... for the consideration of the supreme court was whether ' the kesari and maratha trust' was of was not public trust within the meaning of the bombay public trusty act (bombay act xxix of 1951). section 2 of the act defined a public trust in s. 2(13) as 'an express or constructive tursty for either public, religious or charitable purpose or both ..... and in the circumstances of the case, the tribunal was right in holding that the objects of the assessed were predominantly for charitable purposes as defined in section 2(15) of the income-tax act, 1961 3. whether, of the facts and in the circumstances of the case. the whole or any portion or no portion of the income of .....
Tag this Judgment!Court : Delhi
Reported in : 21(1982)DLT262; 1982(3)DRJ218; (1982)IILLJ387Del
..... is stated on the files is that the court martial had become barred by limitation under s. 122 of the act. the said section provides that no trial by court martial of any person subject to the army act for any offence shall be commenced after the expiration of a period of three years from the date of such offence ..... division bench decisions of the said high courts. the reason disclosed on the file, namely, that court martial had become time barred under s. 122 of the army act is an irrelevant consideration for deciding whether it was impracticable to hold an inquiry unless it is shown that the attempt were made in due diligence to institute ..... that the court martial being time barred could not take place. perhaps he was satisfied that his administration had not acted with due diligence which was an unfortunate thing. i thereforee, hold that chief of army staff and the central government did not exercise discretion properly and legally as it was based on irrelevant and misconceived grounds .....
Tag this Judgment!Court : Delhi
Reported in : 1982(3)DRJ225b; ILR1982Delhi927
..... his merit as grade 'r'. after he had exhausted the remedy of a representation to the coas and the statutory complaint under section 27 of the army act, 1950 (hereinafter called the act), col. kumar filed a petition in this court under article 226 of the constitution of india. the relief claimed was for ..... army act. 1950 was paused by the parliament to consolidate and amend the law relating to the gpvernment of the regular army. the persons who are subject to the act wherever they may be are, inter alia. officer , junior commissioned officers and varrant dicers of the regular army. the conditions of service are contained in chapter iv. (sections 18 to 24). section ..... 18 provides that every person subject to the act shall hold office during the pleasure of the president. section 18 is enacted ex majori cautela since article 310 of the .....
Tag this Judgment!Court : Delhi
Reported in : 1982CriLJ1095; 21(1982)DLT341; 1982(3)DRJ219
..... prejudicial to the security of the state or the maintenance of public order. a similar power is contained in section 3(2) of the national security act, 1980. in fact the other powers of detention set out in section 3 of the national security act, 1980, are also similar if not the same/as those set out in 'misa'. as we are ..... different in the various decisions. the majority of the decisions cited before us were under the maintenance of internal security act, 1971 (hereinafter referred to as 'misa'). it was pointed out that section 3 of the national security act, 1980, is somewhat similar to section 3 of 'misa'. the power to detain under 'misa' was inter alias to prevent a person from ..... not concerned with the other questions that may arise under either of the acts, it may be observed here that we are only concerned a person who .....
Tag this Judgment!Court : Delhi
Reported in : 21(1982)DLT486; 1982RLR604
..... the supreme court was called upon to define the scope of powers of revision under section 35 of the delhi and ajmer rent control act, 1952 which is in pari materia with the provisions of the proviso to sub-section (8) of section 25-b of the delhi rent control act, 1958. i find no case is made out for interference with the order of .....
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