Court : Delhi
Reported in : AIR1970Delhi37; 5(1969)DLT543
V.S. Deshpande, J. (1) Due to ant to the D.T.U. bus No. Dlp 658 belonging to the appellant-Municipal Corporation of Delhi, a lady named Mrs. B. Bhandari suffered injuries which resulted in her death. The respondents, as her legal representatives, claimed compensation from the appellant before the Mtoor Accidents Claims Tribunal, Delhi on the ground that the injuries caused to Mrs. Bhandari were due to the negligence of the appellant's employees, viz. the Driver and the Conductor of the bus. The claim was dismissed by the Tribunal but was partially decreed by a learned Single Judge of the then Circuit bench of the Punjab High Court for Delhi in an appeal preferred to the High Court against the award of the Tribunal under Section110-D of the Mtoor Vehicles Act, 1939.(2) The present appeal was preferred before a Division Bench of this Court under Clause 10 of the Letters Patent applicable to this High Court. It is common ground that such an appeal lies from the judgment of a single Judge ...
Tag this Judgment!Court : Delhi
Reported in : 6(1970)DLT77
V.S. Deshpande, J.(1) The petitioner is a member of a registered Co-operative Society, the Secretary of which is respondebt.No. 3. The land of the Society was acquired by the Union of India. In accordance with the Government's scheme of Large Scale Acquisition, Development and Disposal of land in Delhi', the President of India entered into an agreement (Anenxure R-l to the written statement of respondents I and 2), the relevant terms of which are as follows :- Clause No. 1 : The Co-operative Society was firstly to prepare a lay-out plan and get it sanctioned by the proper Municipal or toher Authorities, and secondly the said Society was to carry out and complete to the satisfaction of the Chief Commissioner, at its own cost and expense, development including metalling of streets, provision of sewers and drains, water and electric mains, amenities and toher conveniences in and on the said land, in accordance with the lay-out plan. Clause Viii : Upon the completion of the development of ...
Tag this Judgment!Court : Delhi
Reported in : AIR1969Delhi201; 1969CriLJ884; 5(1969)DLT348; ILR1969Delhi157
Inder Deo Dua, C.J. 1. These two criminal original applications (Criminal Original Nos. 39 and 40 of 1868) by Brig. E T. Sen (Retd.) under section 3 of the Contempt of Courts Act read with Article 215 of the Constitution, raising as they do common questions, are being disposed of by one order.2. Brig. E. T. Sen is a retired Brigadier of the Indian Army, having retired in May, 1967 and is at present the Resident Manager of Messrs Ceat Tyres of India Ltd.. New Delhi He filed a criminal complaint under Sections 500, 501 and 502, Indian Penal Code, against D. P. Sinha, the Printer and Publisher of 'New Age', an English newspaper published from New Delhi; for having printed and published a pamphlet 'I was a Cia agent in India', alleged to have been written by one John D. Smith, an American, who is stated to have defected to Russia, on the averment that the said pamphlet contained serious libelous and defamatory statements against the complainant. That complaint is pending in the Court of Sh...
Tag this Judgment!Court : Delhi
Reported in : 5(1969)DLT553
I.D. Dua, C.J. (1) BASHIR-UD Din and Saleman have approached this Court on revision and have challenged their conviction and sentence under section 224, 332 and 379. I. P. C. and under section 332, I. P. C respectively imposed on appeal by the learned Additional Sessions Judge, Delhi. (2) The learned Sub-Divisional Magistrate, before whom five accused were standing trial, and the charge I. P. C., dropped title charge under section 148, I. P. C., and indeed this was done on the concession made by the prosecuting Sub-Inspector. The learned Magistrate convicted Bashir ud-Din under sections 147/149/332/379/224. I. P. C. and Ikram, Suleman and Shaukat under sections 147/149/332 I. P. C. and Moor Jahan under section 149/332 I. P. C. Noor Jahan was given a benefit of section 4 of the Probation of Offenders Act and was required to furnish security (personal bond) of Rs. 1,000.00 with one surety in the like amount for being of good behavior for a period of one year, and in default, to undergo r...
Tag this Judgment!Court : Delhi
Reported in : ILR1969Delhi738
S.K. Kapur, J. (1) At the instance of the commissioner of Wealth-tax the following question of law has been referred to this Court under section 27(1) of the Wealth-tax Act, 1957 :- 'WHETHERon the facts and circumstances of the case. the value of the interest of the assessed company as a partner in the firm of M/s. Allied Distributors and Co., is includible in its net wealth' ?(2) The assessed is a private limited company. It has been a partner in a partnership firm M/s. Allied Distributors and Co. with effect from 16th August, 1955. In the return filed by the assessed for the assessment year 1957-58 (the relevant valuation date being 31-12-1956), the assessed showed a sum of Rs. 2,95,337.00 as the value of its share of wealth in the aforesaid firm. The Wealth Tax Officer calculated the value at Rs. 4,47,490.00. The assessed appealed to the Appellate Assistant Commissioner who by his order dated 28th March, 1961, reduced the value of the wealth by Rs. 87.190.00. The assessed as well as...
Tag this Judgment!Court : Delhi
Reported in : ILR1969Delhi368
Jagjit Singh, J. (1) On a reference made privately and out of Court to Shri Chet Ram Mittal, Advocate, Delhi, regarding dispute between Messrs Veer Finance Co. on the one side and Shri Ram Lachan Sharma and Shri Shambhu Dayal Pachauri on the other, he made an award, on February 28, 1966. According to that award Shri Ram Lachan Sharma and Shri Shambhu Dayal Pachauri were liable to pay Rs. 36,517.27 p. to Messrs Veer Finance Co.(2) A petition under sections 14 and 17 of the Arbitration Act, 1940, hereinafter referred to as the Act, was made by Messrs Veer Finance Co., 9-E, Connaught Place, New Delhi, to be called for facility of reference as the petitioners. On being directed, the arbitrator filed the award in the Court. Notices regarding filing of the award were issued to the parties. Before the notices could be served the counsel for Shri Ram Lachan Sharma (respondent No. 1) appeared, on August 2, 1966, and accepted notice regarding filing of the award. Service of notice was affected o...
Tag this Judgment!Court : Delhi
Reported in : AIR1969Delhi295
S.K. Kapur, J.1. Membership of the petitioner of the Metropolitan Council of Delhi constituted under the Delhi Administration Act, 1966 (Act No. 19 of 1966), is at stake. The petition is being disposed of on admitted facts. On 2nd January, 1969, when the motion for issue of rule nisi was heard, the learned counsel agreed that the matter may be decided on the interpretation of Section 18 of the said Act, In the order dated 2nd January, 1969, while admitting the writ petition, this Court recorded:'The learned counsel agree that the entire matter turns on the interpretation of Section 18 (3). Mr. Daphtary says that in the circumstances no counter-affidavit is necessary, . . .'The said undisputed facts are that the petitioner is a member of the Metropolitan Council; that the petitioner contested the election as a Congress nominee and has all along been the Secretary of the Congress Party in the Council; that at present the party position in the Council is: Jan Sangh Party--35 seats; Congre...
Tag this Judgment!Court : Delhi
Reported in : 5(1969)DLT671
I.D. Dua, J.(1) The controversy raised in this second appeal from order under section 39 of the Delhi Rent Control Act 59 of 1958 has a very long and chequered history. It really highlights the frequent clashes between the landlords and tenants due to shortage of accommodation in Delhi and the consequential steep rise in rents. That educated and respectable landlords and tenants residing in different portions of the same building and expected as good citizens to possess a realistic sense of civil behavior, should, instead of being close friends and helpful neighbours, be parties to criminal and civil litigation, arrayed on opposite sides, can hardly be a ground for paying a tribute either to their practical and balanced sense of social behavior or to the conditions in our welfare set-up which breeds such situations This indeed is nto the first case of its kind which this Court has had to deal with in recent times. Parties in such situations can scarcely have the requisite peace of mind...
Tag this Judgment!Court : Delhi
Reported in : ILR1970Delhi114
T.V.R. Tatachari, J.(1) This judgment will dispose of Criminal Appeal No. 9 of 1968 and Murder Reference No. 3 of 1968. Devinder Singh, appellant in the said Crimianal Appeal, was convicted for an offence under Section 302, Indian Penal Code, by Shri Rajinder Nath Aggarwal, Sessions Judge, Sirmur, Bilaspur and Simla Districts, and was sentenced to death, by his judgment, dated 27-3-1968. It is against that judgment that the Appeal has been preferred by Devinder Singh, and the learned Sessions Judge has made the Reference to this Court regarding the confirmation of the sentence passed by him. (2) The appellant, Devinder Singh, aged about 22/23 years was committed to the Court of Sessions to stand his trial on a charge under Section 302, Indian Code, by the Magistrate, I Class, Bilaspur, by an Order, dated 6-7-1967. The charge framed against Devinder Singh was as follows : 'THATyou, on or about 24th day of April, 1966 in the evening at Khameri forest, near Kosrian village, intentionally ...
Tag this Judgment!Court : Delhi
Reported in : [1969]74ITR465(Delhi)
Kapur, J. 1. Section 45(d) of the Wealth-tax Act, 1957, falls for consideration in this case. It is necessary to read the said provision and the Explanationn, which are as under :'The provisions of this Act shall nto apply to-- ..... (d) any company established with the object of carrying on an industrial undertaking in India in any case where the company is nto formed by the splitting up, or the reconstruction, of a business already inexistence or by the transfer to a new business of any building, machinery or plant used in a business which was being previously carried on : ...Explanation.--For the purposes of Clause (d), 'industrial undertaking' means an undertaking engaged in the manufacture, production or processing of goods or articles or in mining or in the generation or distribution of electricity or any other form of power ;....' The proviso to the section limits the period of exemption to five years and is nto relevant for the purpose of this enquiry.2. By Section 13 of the Fi...
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