Court : Delhi
Reported in : 4(1968)DLT284
I.D. Dua, C.J.(1) At the time of admission of this revision (C.R. No. 67 of 1967), Shri Sushil Malhtora and Shri R.N. Malhtora appearing in support of the petitioner Sant Ram cited before Andly. J. Panna Lal v. Shri Jagan Nath a decision Falshaw C.J. and Chuhar Mal v. Shri Balak Ran, (Dulat and Pandit JJ.) insupport of their plea for admission of this revision. Shankar.J.felt doubtful of the correctness of the view taken in these two decision, with the result that while admitting the revision he directed that the same should be heard after ntoice by a larger Bench. It is in these circumstances that this revision has been placed before us for final disposal. (2) The main question arising for settlement by us relates to the interpretation of section 13(3)(a)(iii) of the East Punjab Urban Kent Restriction Act No. 1II of 1949 (hereafter described as the PunJab Act). The provision of law requiring interpretation may now be reproduced :- '13.* * * * (3) (a) A landlord may apply to the Contro...
Tag this Judgment!Court : Delhi
Reported in : 4(1968)DLT330
T.V.R. Tatachari, J. (1) This Revision Application was filed against the judgment of Shri R.N. Aggarwal, Sessions Judge, Mahasu, dated 12th June 1967, in Crinainal Appeal No. 9 M/14 of 1966, on his file, dismissing the said appeal and confirming the judgment of Shri Nihal Singh, Magistrate, 1st Class, Mahasu District, Kasumti, dated 30th.November 1965 whereby the learned Magistrate convicted the petitioner herein under section 17 of the Himachal Pradesh Passanger and Goods Act, and sentenced him to a fine of Rs. 250.00, and in default of payment of the fine immediately, to undergo simple imprisonment for two months. (2) The facts which have given rise to this Revision Application may be stated briefly. On 18th August 1965, Shri M. L. Gupta, Excise and Taxation Inspector, checked Bus No. PNS-596 at Solan. The bus was being driven by one Kanshi Ram and was being conducted by Ved Raj. The bus was owned by Simla Hills Transport Service Limited, which is a limited Company. On checking, the ...
Tag this Judgment!Court : Delhi
Reported in : AIR1968Delhi211; [1968]21STC437(Delhi)
ORDER1. This judgment will dispose of Civil Writ Petitions Nos. 220-D of 1962 and 221-D of 1962. I am confining myself to the facts of Civil Writ No. 220-D of 1962 as the learned counsel agree that the decision in this case will govern the toher matter. The petitioner-company alleges in the petition that it manufactures 'Katha', 'Cutch', etc., in its factory at Izatnagar within the State of Uttar Pradesh; that under the contracts made with parties in Calcutta, Bombay, Madras and Delhi, for sale the goods are delivered f.o.r. Izatnagar and are dispatched from Izatnagar to customer's place of business; that instructions are sent by the petitioner's head office in Calcutta to its factory at Izatnagar to dispatch the goods in terms of the agreements for sale. When the goods are ready, they are 'Unconditionally appropriated' by the petitioner's factory to the respective contracts and are thereafter dispatched by rail direct to the customer's place of business; that the relative Railway Rece...
Tag this Judgment!Court : Delhi
Reported in : AIR1968Delhi252
ORDER1. By this petition, the petitioners have challenged the order dated January 23, 1967 of the Company Law Board which was reaffirmed by a further order dated June 6, 1967 whereby the extension of the managing agency term of Messrs. Govan Brtohers (Rampur) Private Limited was refused.2. The petitioner company is a public limited company which had Messrs. Govan Brtohers (Rampur) Private Limited as its managing agents from about 1943 when they were appointed as such for a period of 20 years. In or about July, 1946, the Dalmia assumed control of the said managing agent company and the managing agent company then had four Directors namely V. H. Dalmia, Lalita Dalmia, N. H. Dalmia and M. H. Dalmia the first named being also the Managing Director. A first information report was lodged in November, 1953 in a Delhi Court in respect of offence alleged to have been committed in 1946-47 under sections 120-B of 409 of the Indian Penal Code by, inter alia, V. H. Dalmai aforesaid. But it is nto d...
Tag this Judgment!Court : Delhi
Reported in : 6(1970)DLT2
Hardayal Hardy, J.(1) The petitioner who was employed as an Examiner Stores (Engineering) in the office of Director General of Supplies and Disposals, New Delhi, was dismissed by an order dated 3/6/1967 passed by the Deputy Director General (Administration) in the Director General of Supplies and Disposals New Delhi and confirmed on appeal by an order dated 7/8/1967 by the Director General of Supplies and Disposals as a result of an Inquiry held by the then Director of Inspection in the office of the said Directorate. By means of this petition under Articles 226 and 227 of the Constitution, the petitioner challenges the validity of the said orders and the inquiry which led to the making of the said orders. For simplicity, the terms Director General of Supplies and Disposals, Deputy Director General of Supplies and Disposals and Directorate General of Supplies and Disposals will hereafter be referred to as the Director General, Deputy Director General and Directorate only.(2) The petiti...
Tag this Judgment!Court : Delhi
Reported in : AIR1968Delhi188; ILR1968Delhi75
(1) These three appeals (F. A.Os. Nos. 54 D, and 65 D of 1964 ) and three revisions (C. Rs. Nos.59 D, 60 D of 61 D of 1964) have been placed before us pursuant to the order of reference dated 26-10-1967. Two questions, as mentioned in the referring order, fall for our decision : (1) whether under Section 16 of the arbitration Act No. 10 of 1940 (hereinafter called the Act'), it is open to the Court to remit a part of an award and (2) whether in such a case appeal lies under section 39(1)(vi) of the Act. Incidentally the third question which may have to be answered is, if no appeal is held to lie in such a case, can this Court entertain a revision against such an order. It may be pointed out that by way of abundant caution, the appellant has also preferred three revisions so that in case appeals are held to be incompetent, no prayer need be made to convert those appeals into revisions may themselves be decided on the merits, if held competent. (2) All the three cases, it may be observed...
Tag this Judgment!Court : Delhi
Reported in : ILR1968Delhi225
S.K. Kapur, J. (1) It will nto be an unfaithful summary of the history to say that for ages searches and seizures of documents and objects alleged to be incriminating have been responsible for many a battle at the bar. The safeguards of liberty of the subjects in this behalf have been forged out of conflicts between overzealous prosecutors on the one hand and nto very nice people on the toher. In preserving this liberty of the subjects the Courts always bear in mind that under our Constitution the concept of liberty is wider and the prisoner's dream of freedom from custody alone is nto liberty. The present writ petition is directed against searches conducted on 10/8/1966 at the residence of the petitioners at 35, Rajpur Road, Delhi, and toher places occupied by the petitioners in connection with their business by a group of officers headed by Shri Rajendra Mohan, Income-tax Officer, respondent No. 2. The search was held in pursuance of the various authorization issued by the Director o...
Tag this Judgment!Court : Delhi
Reported in : AIR1968Delhi260
(1) This is an appeal against the order of the Senior Sub Judge, Mahasu, dismissing a petition of Nirmoo for dissolution of her marriage with Nikka Ram by a decree of divorce. The petition, under section 13(2) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') was presented in the Court of the Senior Sub Judge on March 21, 1966. It was dismissed on March 30, 1967.(2) The appellant was married to Nikka Ram Rajput of village Nihari, Tehsil Kasumpti, nearly twenty-five years before she applied for divorce. For about four years they lived as husband and wife but as there was no issue of the marriage Nikka Ram married a second wife name Tholi. After the second marriage also Nirmoo lived with her husband for antoher four or five years. According to her she had then to leave her husband's house as he, at the instigation of Tholi, started beating and maltreating her. She, thereforee, started living at the house of her father, Thokria, in village Jar.On her application she w...
Tag this Judgment!Court : Delhi
Reported in : [1968]70ITR807(Delhi)
This writ petition was placed before Jindra Lal J. of the Punjab High Court sitting on circuit here on December 3, 1965, when a preliminary objection was raised on behalf of the respondents that the Income-tax Officer, Jamshedpur, Bihar, was a necessary party, put had nto been imp leaded in these proceedings. It was urged that the petitioner was asking for a writ of mandamus directing the respondents to comply with the orders for a writ of mandamus directing the respondents to comply with orders of the Income-tax Appellate Tribunal, Calcutta Bench, dated December 3, 1958, and the officer required to obey the direction should have been imp leaded. The learned counsel for the petitioner, though nto acceding to this objection, agreed, to avoid any controversy, to in plead the said Income-tax Officer as a respondent. It may be pointed out that the respondents position was that, though no writ of mandamus could go from this court to the Income-tax Officer, Jamshedpur, nevertheless, he was a...
Tag this Judgment!Court : Delhi
Reported in : AIR1969Delhi183; ILR1968Delhi59
1. This is an appeal filed under Section 110-D of the Motor Vehicles Act against the order of the Motor Accidents Claims Tribunal, Delhi, dated 17-3-1966, dismissing an application filed before the Claims Tribunal under Section 110-A of the said Act for the payment of compensation.2. The first appellant herein is the widow of one Sham Lal Malik, the sixth respondent and the second appellant are the sons, the third appellant is the daughter, and the fourth and the fifth appellants are the father and the mother of the said Sham Lal Malik. They filed the aforesaid application as heirs of the said Sham Lal Malik claiming a sum of Rs. 4,50,000/- as compensation arising out of an accident which took place on 26-12-1961 at Farash Khana Bus Stop, G. B. Road, at about 4 p. m., resulting in the death of the aforesaid Sham Lal Malik. The applicants stated in their application that the deceased Sham Lal Malik was about 40 years old and was doing business earning a monthly income of about Rs. 1,700...
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