Court : Delhi
Reported in : ILR1971Delhi540; 1971LabIC1553
..... are assigned to two different classes of officers. there can be no comparison between these two classes. as observed by the second pay commission in its report of 1957- 59 chapter xiv paragraphs 5 to 8, even where the duties and responsibilities of class ii officers and of officers of the junior branch of class i are similar, ..... was held that the courts would be even more reluctant to strike down an old rule which has been left unchallenged for so many years during which it has been acted upon against the petitioners without any complaint. these writ petitions have, thereforee, to be held to have been unduly delayed. they. thereforee, fail on this preliminary ground ..... executive engineers class i in sufficient numbers required to fill the two thirds quote allotted to them by the last part of rule 4(2). the government, thereforee, acted under the first part of rule 4(2) by promoting the petitioners who were assistant engineers class ii to the posts of executive engineers class in excess of .....
Tag this Judgment!Court : Delhi
Reported in : 1971RLR81
..... its impact. the simple question, thereforee, is whether on the language employed by the second proviso to section 116(1) of the delhi municipal corporation act, 1957, are the considerations relevant for the fixation of standard rent made applicable to assessments by the rating authority if they are made applicable, as undoubtedly they ..... approach the rent controller for fixation of standard rent. it would be unreasonable, thereforee, to read into section 116(1) of the delhi municipal corporation act, 1957 any distinction between buildings of which standard rent has been fixed and those where it has not been fixed. no rational basis has been suggested for making ..... municipal corporation act, 1957 it must be so interpreted as will not lead to any discrimination, in the matter of making rateable assessment of property, even in the areas to which the rent act applies, between the buildings rented out and those which are self-occupied. it is a well-accepted principle of rating (vide chapter 21, .....
Tag this Judgment!Court : Delhi
Reported in : AIR1973Delhi190
..... provision is:- '8.general rules of succession in the case of males.-the property of a male hindu dying intestate shall devolve according to the provisions of this chapter:- (a)firstly, upon the heirs, being the relatives specified in class 1 of the schedule; (b)secondly, if there is no heir of class i, then upon ..... of compensation due under c.a.f. registration no. nd/396/xxii/auc of the verified claims standing in the name of shri lachhman dass ahuja on 20th may, 1957, detailed in schedule 'd' 1/5th being payable to the plaintiff'. along with the plaint the plaintiff filed an application for obtaining an injunction to guard his rights ..... regular suit. the defendants urged that the decisions recorded earlier in suit no. 281 of 1950 and the proceedings under section 9 of the displaced persons (compensation and rehabilitation) act, 1954, operated as res-judicata. the trial court framed the following preliminary issues:- '1. whether the suit is properly valued for the purposes of court-fee and .....
Tag this Judgment!Court : Delhi
Reported in : ILR1973Delhi160
..... the necessity for using these words in section 28 is obvious. an arbitrator may be appointed by the parties themselves or by the court itself under chapter ii of the act or under section 20 of the act. the parties are not authorised to fix any time within which the arbitrator should make his award. the time limit is, fixed by the first ..... a ground of objection in the memorandum of appeal. there is a direct decision of the allahabad high court on this point in suraj prasad v. mama lal reported in 1957 a.l.j. 51 in which it was held that:- 'its open to the appellate court, hearing an appeal from an order, setting aside or refusing to set aside ..... the award. this application was opposed by the respondent. no separate order was, however, passed on the application filed by the appellant under sections 16 and 28 of the act. but in view of the objections raised by the respondent herein that the award filed by the arbitrator was barred by time, the learned subordinate judge framed the following issue .....
Tag this Judgment!Court : Delhi
Reported in : AIR1973Delhi244; ILR1973Delhi272
..... jj. on march 7, 1972. the division bench held that an appeal against the order of the registrar to the judge in chambers was competent under rule 4 of chapter if of the delhi high court (original side) rules, 1967. on the competence of the appeal before them, the learned judges held that the order of the judge ..... brothers. in 1954 another deed of partnership was executed in which vijay nath, the respondent became a partner. subsequently, a new partnership deed was executed on december 20, 1957 which was modified by another deed dated october 22, 1965.(2) the respondent filed a suit for dissolution of the partnership firm known as 'premsukhdass jawahar lal' and ..... culminate in the award (of the arbitrator) and as such his proceedings cannot in law be called the arbitration proceedings in view of section 32 of the arbitration act.' the learned judge thought that so far there has been no distribution of the assets of the firm in accordance with law. the learned judge also observed that .....
Tag this Judgment!Court : Delhi
Reported in : AIR1974Delhi105; 10(1974)DLT158; ILR1973Delhi452
..... a reference was also made to sister enactments such as the copyright act and the trade and merchandise marks act. section 62(1) of the copy right act provides that every suit in respect of the infringement of copyright in any work or the infringement of any other right conferred by that act shall be instituted in the district court having jurisdiction. sub ..... specified therein. the interpretation of the expression 'the high court in section 51-a was considered in kohinoor mills, misc, petn. no.274 of 1956 decided on 8-7-1957 (bom) by mr. justice k. t. desai of bombay high court, and in aila rubber works v. good day rubber industries, c. o. 2-d/66 decided ..... expression 'a high court' in the said section means the high court which would otherwise have jurisdiction over the person against whom the petition is filed under the act or over the subject matter of such petition, and not 'any' high court. according to the petitioner-company the aforesaid expression means any high court and the .....
Tag this Judgment!Court : Delhi
Reported in : [1974]94ITR592(Delhi)
..... the parties was brought out precisely and clearly in the question as framed by the tribunal.8. in its application under section 256(1) of the act of 1961 in respect of the assessment year 1957-58, the assessed-company required the tribunal to refer the following three questions ;'1. whether, on the facts and in the circumstances of the case, ..... any head of income other than 'capital gains' is a loss and the assessed has no income under the head 'capital gains', he shall, subject to the provisions of this chapter, be entitled to have the amount of such loss set off against his income, if any, assessable for that assessment year under any other head....... 72. (1) where for ..... the loss as has not been so set off or, .... where he has no income under any other head, the whole loss shall, subject to the other provisions of this chapter, be carried forward to the following assessment year, and- (i) it shall be set off against the profits and gains, if any, of any business or profession carried on .....
Tag this Judgment!Court : Delhi
Reported in : AIR1974Delhi159; ILR1974Delhi443
..... . the provision regarding requirement in use zones can come in only if the zonal development plans are prepared under section 8 of the delhi development act, 1957. it is that section which provides for a zonal development plan containing a site plan and use plan for the development of the zone. no ..... 618 and damodar das v. secretary of state : air1939all106 . thereforee, unless the context otherwise suggests, 'land' in the development act must include the building thereon. (13) chapter iii of the development act provides for the preparation, implementation and enforcement of the master plan and zonal development plans. sub-section (1) of section 7 requires ..... regulations' which indicate the land use permissible in the various zones and the density, coverage, floor area ratio and set-backs for various types of development. chapter i is headed 'the land use plan' and it mentions land requirements in 1981 in various ring towns like ghaziabad, faridabad, ballabhgarh, bahadurgarh, gurgaon, loni .....
Tag this Judgment!Court : Delhi
Reported in : ILR1974Delhi475; 1974LabIC970; (1974)IILLJ306Del; 1974RLR305
..... scope of section 33c(2) is wider than that of section 33c(1) inasmuch as claims for money or benefit due otherwise than under settlements, awards or under chapter va of the act are within the purview of the former section; (2) if the workman's right to receive the benefit is disputed, it may have to be determined by the ..... not include his heirs, successors and legal representative. in exercise of powers conferred by section 38 of the act, the central government made the industrial disputes (central) rules, 1957. rule 62 provides for application for recovery of dues. it is in these terms:- '(1)where any money is due from an employer to a workman or a group ..... of workmen under a settlement or an award or under the provisions of chapter v-a, the workman or the group of workmen, .....
Tag this Judgment!Court : Delhi
Reported in : ILR1974Delhi81
..... on december 3, 1973. in the case before the full bench, certain persons were being prosecuted under sub-section (2) of section 29 of the delhi development act, 1957, for an alleged contravention of the master plan of delhi by using or permitting the use of their buildings otherwise than in conformity with the master plan which was alleged ..... land of the petitioners would be used 'hould he available, and that the same would be available only after the zonal development plans are prepared and published. chapter i of the master plan and the land use plan attached to it indicate with sufficient particularity the use to which the area in each zone would be put ..... india press, new delhi, and published by the manager of publications, delhi, in 1956, has been produced before us. it consisted of nine chapters and a number of appendices including several maps. in chapter i, the relation of the interim general plan to the comprehensive master plan yet to be prepared was indicated at page 3 as under:- ' .....
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