Court : Delhi
Reported in : 3(1967)DLT15
..... ask for any opportunity to addace any evidence in rebuttal and indeed after various adjournments addressed arguments on the case without any prtoest and took the chance of securing a decision on the merits. though a faint suggestion has been thrown in a half-hearted manner that an oral request was made for opportunity to lead rebutal ..... likelihood of an operative prejudice on his part. the existence of that relationship with one of the parties, unknown to the toher, was held to disqualify him from acting as an arbitrator. on this finding, the submission was revoked. reference has also been made to the bench decision of the calcutta high court in k. p. ghose ..... appeal, against the appellant mohammad and liaqat hussain. the impugned order was made in the proceedings following the appointment of an arbitrator under section 20 of the arbitration act and the making of award by the arbitrator. the arbitrator filed his award in the court on 30th april. 1962, and in pursuance of ntoice of the said .....
Tag this Judgment!Court : Delhi
Reported in : 4(1968)DLT196
..... which had been leased out by the collector, the appellant could be regarded a tenant and, thereforee, under the provisions of section 17-a of the punjab security of land tenures act. 1953, the sale was nto preemptible. the learned counsel further urged that as partial pre-emption was nto permissible the respondent had even no right to pre- ..... person who takes from the government a lease of unoccupied land for the purpose of subletting it.'(12) in order to be a tenant, as defined by the punjab security of land tenuies act, 1953, a person must fulfill two conditions. he should, firstly, hold land under antoher person and, secondly, should be, or but for a special contract ..... respondent did nto seek to partially pre-empt the sale. it is a different matter that on account of the provisions of section 17-a of the punjab security of land tenures act, 19. 3 the land comprising the tenancy of the appellant is nto pre-emptibie. (19) the appeal is partly accepted and the decree appealed against in .....
Tag this Judgment!Court : Delhi
Reported in : AIR1969Delhi64
..... heard together.6. shri shiv kumar sharma, petitioner in civil writ petition no. 294 of 1968, appearing in person, relied on certain maps to show that the border between the erstwhile province of sind and the then independent state of kutch was well defined and, thereforee, any transfer of territory in pursuance of the kutch award ..... pakistan. the award will, for brevity, be hereafter referred to as the 'kutch award.'2. the dispute between the two governments was regarding the gujarat-west pakistan border and by agreement dated 30th june. 1965, the two governments agreed inter alias that-(1) ministers of the two governments will meet in order to agree on the ..... the treaties of peace made in 1947 with italy and certain other countries had to be ratified before they came into force. since they affected the private rights of british subjects, the treaties of peace (italy, roumania, bulgaria, hungary and finland) act, 1947 (10 & 11 geo. 6 c. 23), was passed, which gave the crown power to make .....
Tag this Judgment!Court : Delhi
Reported in : ILR1969Delhi860
..... madras high court held in natfhella sampafhu chetty and another v. collector of customs') that article 178a(1) of the sea customs act was an unconstitutional infringement of the fundamental right of the petitioners secured by articles 19 and 19 his lordshp mr. justice rajagopalan had observed (page 147) that since according to amba lal the reasonableness ..... being extorted from him and nto even being correctly recorded. it was also stated that section 178a, which was placed on the statute book by an amendment coming into force on 7th may, 1955, had no application.(7) it is further stated that the hearing before the collector without giving copies, which had been repeatedly asked for, ..... steel almirah was also searched but no stones were found therein. according to the petitioner his first reaction, on hearing knocks and shouts at the door with great force, was that it was a raid of robbers and he hurriedly kept the pouch in which he used to carry jewels to the market inside the jacket for .....
Tag this Judgment!Court : Delhi
Reported in : [1998]231ITR318(Delhi); [1998]97TAXMAN144(Delhi)
..... been furnished to the agreement holders particularly when they have brought to the notice of the authority that in spite of efforts they were not in a position to secure the same. we may observe here that where a statutory authority relies upon a document in a proceeding but denies a copy of the same to the affected party ..... 000g. charges for unfiltered water live as per clause 17 on page 13 18,000h. marble charges as per clause 18 on page 13 of the agreement. 36,000i. security deposit as per clause 16 on page 12 5,000j. interest on rs. 5,20,000 at 18 per cent. from the date of payment to date of agreement, ..... legislation for amending the tax laws and they are always challenged.being not satisfied with existing machinery, parliament introduced in the income-tax act, 1961, chapter xx-a by the taxation laws (amendment) act, 1972, which came into force on november 15, 1972. in 1986, parliament introduced chapter xx-c.'purchase by central government of immovable properties in certain cases of .....
Tag this Judgment!Court : Delhi
Reported in : ILR1970Delhi854
..... committing court. after referringto the external injuries on the right parietal region andover the right-side of the head he stated they wouldhave been caused by blunt force injury. he alsoreferred to the rupture of the spleen and the liveralso being bruised superficially. regarding the spleenit was not noticed by dr. babu in his ..... make its best endeavorto hold an identification parade, which was not heldbecause of the refusal by the concerned accused toparticipate in the parade, we see no force in the contention that the evidence of public witness 2 cannot be safely actedupon merely because he identified the appellants onlyin court.(35) the most important ..... prosecutor having stated in thetrial court, on 27/08/1969, that his presence couldnot be secured without unnecessary delay. his evidencebefore the committing court was transferred to thefile of the sessions court under section 33 of the evidence act and section 509 of the code of criminal procedure. even at this stage, when the court .....
Tag this Judgment!Court : Delhi
Reported in : [1974]44CompCas390(Delhi); ILR1972Delhi413
..... son at a fair price to be fixed by the court. in view of the extreme stringency in the money market and the practical impossibility of raising loans on the security of shares of the company, which are not quoted on the stock exchange, it was not possible, said the learned counsel even to accept the surrender of the ..... cross-examined, had observed that ajit singh was a earlier. exhibit pi has, thus, rightly been held to be a proposal by ajit singh made in april, 1959 to secure the investment of rs. 10.00 lakhs in his business from the respondents. negotiations were apparently in progress between the parties. the other proposal proved to have been made then ..... to share the profits of the business, nor is the business carried on by all or any of them acting for all, nor have they come together on the basis of any mutual trust or confidence. the members have become members by force of circumstances, by accepting the shares, whether as gifts or on partition, or by inheritance, on terms and .....
Tag this Judgment!Court : Delhi
Reported in : ILR1974Delhi856
..... of the plaintiff that the amounts he had advanced from time to time, for the convenience of the defendant's family, were not secure. he did not wish to press for immediate payment as the defendant would not be able to do so all at once. in ..... above-said rs. 4,700.00 paid to the defendant by means of the said cheque, 'so that a certain sense of security persists about the dues'. there was no express reference then to the defendant asking a loan or even to any agreement on the ..... defendant's mother has been exhibited as ex. d. 27, but the same is not relevant under sections 40 to 43 of the evidence act. it is, however, seen from the deposition of the plaintiff as a witness in that case (ex. d. 28) that the plaintiff ..... has no right to require acceptance. the cheque is, however, a negotiable instrument within the meaning of section 6 of the negotiable instruments act, 1881. but there appears to be no need to invoke any presumption concerning consideration since it is not the defendant's case that .....
Tag this Judgment!Court : Delhi
Reported in : 10(1974)DLT244; 1975LabIC959
..... h. c. patiar is petitioner no. 2, who was working as an auditor in the same grade, but was posted on deputation with director general of border security force. he has since rejoined the office of the chief pay & accounts officer with effect from september 12, 1973 on reversion from deputation. the three respondents are ..... headquarter office.'. candidates of different branches (including the petitioners) appeared for different examinations/appropriate to their respective 'branches 'in november 1972 'the pelitioners 'failed to secure 40% marks in the subject 'advance 'book keeping,'etc.' and could not, thereforee, be declafed sufccessful, respondent ..no.' '2 decided to_ grant ten grace ..... exarcise of.descretion. respondent no. 2, who gave gra.ce marks to one branch and denied the same treatment to the other, accroding the petitioners, acted in violation of articles 14 of the constitution india. this, according to them, was the only reason for their failure in the examination. their success, .....
Tag this Judgment!Court : Delhi
Reported in : ILR1975Delhi820
..... advantageous to briefly set out the historical background leading to the impugned detention of sukar naran bakhia. the maintenance of internal security act, no. 26 of 1971. hereinafter referred to as the misa, came in to force on july 21, 1971. in december, 1971 hostilities broke out between india and pakistan. consequent thereto the president made a ..... order of detention served on the detenu,on the morning of december 19, 1974 could not humanly be passed in such a short time after coming into force of act 52 of 1974. regarding the detention order and the grounds for detention it is said that the same were in english, a language unknown to the detenu ..... e.g. possession of controlled or rationed food articles in excess of statutory limits, would be equated for treatment with an act prejudicial to the security of india or a state. on the other hand, an act sabotaging, for instance, lines of supplies and communication in times of an emergency, prejudicial to the maintenance of essential supplies .....
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