Court : Delhi
Reported in : 4(1998)CLT165; 75(1998)DLT694
K. Ramamoorthy, J.1. Shri Harikishan Singh, who had left behind substantial items of money and an immovable property, had left behind his widow, Mrs. Leelawati Singh, and three sons, namely, Shri Ashok Singh, Shri Vijay Kumar Singh and Shri Vivek Kumar Singh. He died on the 25th of January, 1996. His widow, Mrs. Leelawati Singh is the first petitioner. Shri Ashok Singh, the eldest son is the second petitioner. Shri Vijay Kumar Singh the second son is the second respondent. Shri Vivek Kumar Singh, the third son is the third respondent.2. The petitioner had prayed for the grant of Letters of Administration in respect of the estate of late Shri Harikishan Singh. The second petitioner supports the petition. The third petitioner; Vijay Kumar Singh, opposes the application for grant of Letters of Administration.3. In Annexure 'B' to the petition the details about the immovable and movable assets left behind by the deceased Harikishan Singh, which are given as under :INVENTORY OF THE ESTATE O...
Tag this Judgment!Court : Delhi
Reported in : 73(1998)DLT732
..... the disputed product is aware of the rivalry between samsonite usa and vipil. it would not be an exaggeration to state that the said rivalry is very akin to the coke-pepsi rivalry or the surf-ariel rivalry. consequently the prospective suitcase purchasers of the glx range are likely to have already heard of the said rivalry and are aware of .....
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Reported in : 43(1991)DLT727
S.N. Sapra, J. (1) By the present writ petition, filed under Articles 226 and 227 of the Constitution of India, Col. B.N. Khanna, petitioner herein,besides other reliefs, seeks to challenge the orders dated 16/04/1985, passed by the Lt. Governor of Delhi, respondent no. 4, in exercise of the jurisdiction under Section 80 of the Delhi Cooperative Societies Act, 1972, (hereinafter called the Act) and another order dated 15/07/1982, passed by him, and prays for quashing of the same. For better appreciation, of the various contentions,raised by the parties, and the issues, involved in this case, it will be useful, to refer to in brief, the facts and circumstances of the case, which are as under :-(2) Diplomatic Enclave Extension Cooperative House Building Society,respondent no. 2 herein, hereinafter referred to as 'the society', was formed with the objects to develop lands and allot the same to its members, so as to provide them the house building sites. Petitioner is a Founder Member of t...
Tag this Judgment!Court : Delhi
Reported in : 128(2006)DLT735; 2006(88)DRJ316; (2006)IIILLJ156Del; 2006(3)SLJ377(Delhi)
Markandeya Katju, C.J.1. These writ appeals arise out of the common judgment of the learned Single Judge dated 21.5.2004 in four writ petitions, three filed by employees working under the Indian Airlines since beginning of their service, and one filed by the employees working under Vayudoot Limited which has been since taken over by Indian Airlines.2. The facts in detail have been set out in the impugned judgment of the learned Single Judge and hence we are not repeating the same except where necessary.3. The facts of the case are that Vayudoot Limited was incorporated as a private limited company in the year 1981. It was converted into a public limited company in the year 1983 with shares jointly owned by Indian Airlines and Air India. On account of mounting losses and outstanding liabilities it was decided by the Government of India to merge Vayudoot Limited with Indian Airlines by its letter dated 25.5.93 addressed to Indian Airlines, Air India, Vayudoot Limited, International Airpo...
Tag this Judgment!Court : Delhi
Reported in : 1995IAD(Delhi)1238; AIR1995Delhi323; II(1995)BC42; [1998]92CompCas849(Delhi)
..... with order xxi, rule 37 of the code was in excess of the constitutional mandate as contained in article 21 and bad in part. in the present case, not only nationalised banks but other banks have also to proceed under the act for recovery of their debts and the provisions regarding recovery of debts determined by the tribunal would also apply ..... for various reliefs including grant of decree of an account and for a sum of rs. 10,000/- as compensation for breach of contract. the indian overseas bank is a nationalised bank, a public sector bank. the petitioner says that the suit had been filed by him in relation to his dealing with the said bank. he detailed in the suit .....
Tag this Judgment!Court : Delhi
Reported in : ILR1985Delhi331; [1974]95ITR34(Delhi)
T.V. Tatacjhari, J.(1) This reference to the Full Bench has been made by Avadh Behari Rohatagi, J. under Rule 2 (as amended) of the Original Side Rules. 1967, in Suit No. 64 of 1969 instituted on the Original Side of this Court. The questions referred to by the learned Judge for the opinion of the Full Bench relate to the scope and effect of the provisions in sections 54 and 59B of the Indian Income-tax Act, 1922, and sections 137 and 138 of the Income-tax Act, 1961.(2) The facts which have occasioned the reference are briefly the following. The plaintiff, Trilok Chand Jain, instituted the suit referred to above for recovery of Rs. 1,39,722.86 from the defendants M/s. Dagi Ram Pindi Lall, its three partners Pindi I all, Bishamber Nath and Dagi Ram and Smt. Budh Wanti, wife of Pindi Lall. While evidence was being recorded in the Suit, the plaintiff obtained summons from the Court requiring the Income-tax Department to produce in Court the records relating to the income-tax of M[s. Dagi ...
Tag this Judgment!Court : Delhi
Reported in : 1983(5)DRJ237; 1983RLR754
N.N. Goswamy, J.(1) This appeal by the husband is directed against the judgment dated 6-3-1982 passed by the learned Add]. District Judge, Delhi whereby his petition under Section 13 of the Hindu Marriage Act, for dissolution of marriage was dismissed.(2) The appellant-husband filed a petition for dissolution of marriage by a decree of divorce under Section 13 of the Hindu Marriage Act. It is alleged in the petition that the marriage between the parties was solemnized on 6-10-1975 in accordance with Sikh/Hindu rites and customs at Delhi. Two children were born out of the wedlock on 2-1 1-1976 and 16-10-1978. The elder child is a boy and living with his father and the younger child is a girl and is living with the mother. It is further alleged that never since the marriage, the respondent was found to be a person of unsound mind. She would laugh and begin to weep without any reason. She would often shout and sometimes threaten to commit suicide. Her behavior from the very beginning and ...
Tag this Judgment!Court : Delhi
Reported in : 1997VAD(Delhi)265; 68(1997)DLT553; 1997(43)DRJ108; 1997RLR567
..... and privileges of the commons.' earlier analysis of privilege assumed the commons and lords were 'superior courts' having exclusive power over all matters within their claimed jurisdiction. as expressed by coke cj (1 inst. 15): 'every court of justice hath rules and customs for its directions.... it is lex et consuetude parliament that all weighty matters in any parliament moved concerning ..... determined, adjudged, and discussed by the course of the parliament, not by the civil law nor yet by the common laws of this realm used in more inferior courts' (27) coke's treatise, however, offers no clear guidance as to the legal status of the lex et consuetudo parliamenti vis-a-vis statute and common law. however, much before the revolution .....
Tag this Judgment!Court : Delhi
Reported in : ILR1976Delhi753
S.S. Chadha, J. (1) An Act to establish a Press Council for the purpose of preserving the freedom of the Press and oF maintaining and improving the standards of newspapers and news agencies in India was enacted by Parliament, being Press Council Act 1965 (Act 34 of 1965), (hereinafter called the 'Act'). In furtherance or its object the Press Council is empowered to help newspapers and news agencies to maintain their independence. The Jurisdiction of the Press Council was invoked by two complaints under sections 12(2) (a) and (e) of the Act. What is the meaning and scope of the terms 'Freedom of Press', Independence of Newspapers' and the Independence of the Editor of a Newspaper' is one of the interesting questions which goes to the 'out of the jurisdiction of the Press Council that has arisen in this case. (2) On November 4, 1974. respondent 27, Shri D. R. Mankekar, addressed a complaint to the Press Council of India (hereinafter referred to as the 'Press Council') under section 12(2)...
Tag this Judgment!Court : Delhi
Reported in : [1980(41)FLR390]; ILR1980Delhi1355; 1981LabIC893
S. Ranganathan, J. (1) R.N. Chaudhry was an employee from 9th August, 1962 of M/s. Bharat Kala Kendra Pvt. Ltd. in a show-room run by the said company under the name of 'Guptajee.' His services were terminated by a letter dated 14th November, 1968. An industrial dispute between the parties was referred to the Labour Court. The employee filed a statement of claim and the management filed its written statement. The Labour Court framed two issues: (1)Whether the employee Shri R.N. Chaudhry is a workman within the meaning of Section 2(s) of the industrial Disputes Act, 1947? (2)Whether the tarmination of services of Shri R.N. Chaudhry is illegal and/or unjustified and, if so, to what relief is he entitled and what directions are necessary in this respect ?'(2) On issue No. 1 the Labour Court, after going through the evidence, came to the conclusion that the employee was a workman, applying the tests laid down by the Supreme Court in the Burmah Shell case : (1970)IILLJ590SC (1) and the ruli...
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