Court : Delhi
Reported in : 11(1975)DLT243; 1974RLR542
..... on august 17, 1965 while the orde of termination of service was passed on september 10, 1 57, the service of the plaintiff being terminated from 9/10th october. 1957. the limiation act, 1963 came into force from january 1, 1964. the cause of action for challenging the order of dismissal arose to the plaintiff in september or october. 195/. article ..... by virtue of his terms of appointment read with such rules as may be framed under article 309 of the constitution and the provisions of pay to be found in chapter iv of part 3 of the fundamental rules, inasmuch as salary etc , can be claimed as of right by virtue of the rules under which the same are payable ..... the plaintiff; and (b) no such order could be passed while the plaintiff ' as under suspension by virtue of rule 12 of the classification control and appeal pules of 1957. it is also urged that the very fact that it is mentioned in exhibit p. 16 that service of mohinder singh jagdev, section officer (under suspension) are being terminated .....
Tag this Judgment!Court : Delhi
Reported in : ILR1975Delhi586
..... 3, the management and disposal of the undisposed vacant land and building including the one in dispute in faridabad township in accordance with provisions of the 1954 act. the petitioner apparently felt that if the property in dispute was formally transferred to respondent no. 3, it may become impossible to assert its rights and ..... the powers under section 40, the central government framed the displaced persons (compensation and rehabilitation) rule, 1955 (hereinafter called 1955 rules) rule 87, chapter xiv of 1955 rules provides that any property forming part of the compensation pool may be sold by public auction or by inviting tenders or in such ..... ]3scr164 . it was also held therein. that : 'in the absence of any direction by the governor general under section 175(3) of the government of india act a valid contract may result from correspondence if the requisite conditions are fulfillled.' in that case the chief director of purchases (disposal) food department government of india invited .....
Tag this Judgment!Court : Delhi
Reported in : ILR1976Delhi95
..... the other brother, respondent herein. rw3, amar nath, who was a neighbour of the testator for 14 years, deposed that the testator had heart-trouble in 1957, had an accident in 1964, during 15-16 months preceding his death, had been suffering from severe heart-trouble, in may 1966, when the testator was ..... does not obliterate the distinction between the ordinary civil jurisdiction of the district judge and the testamentary and intestate jurisdiction of that court under the indian succession act. section 266 merely indicates the ambit of the power of the district judge while dealing with the matters in exercise of its testamentary and intestate jurisdiction ..... .(31) the exclusion of the jurisdiction of the district judge was sought to be justified with reference to the provisions of section 273 of the indian succession act. the section runs thus : '273.conclusiveness of probate or letters of administration- probate or letters of administration shall have effect over all the property and .....
Tag this Judgment!Court : Delhi
Reported in : ILR1976Delhi753
..... the values of society and present a clear picture. the need for maintaining editorial independence. objectivity of news presentation and fairness of comment has been extensively discussed in this chapter. it was, thereafter, recommended by the commission that these aspects should be looked after by a press council. the composition of the press council is then recommended. in ..... the supreme court on what is real likelihood of bias and the measure to be adopted in finding it out. (48) in manak lal v. dr. prem chand, : [1957]1scr575 (17) rajendagadkar j. who spoke for the supreme court, held : 'it is well settled that every member of a tribunal that is called upon to try issues ..... of certiorari or prohibition can be issued whenever any body or persons having legal authority to determine questions affecting the rights of the subjects, and having the duty to act judicially, acts in excess of its or their legal authority ii. mr. anthony relied upon n. v. suba rao v. state, a.i.r. 1968 a.p. 96 .....
Tag this Judgment!Court : Delhi
Reported in : ILR1977Delhi224
..... referred to thefirst paragraph of p.p.r. 12.2(3) which says : 'allappointments of enrolled police officers are on probationaccording to the rules in this chapter applicable to eachrank.' no doubt, the rule uses the broad phrase 'all appointments'. but, ithink its meaning is intrinsically curtailed by the word 'probation',.which must ..... and held a lien at-delhi', and also because the matterof his 'confirmation as s. 1. will be ultimately decided at delhi'. inanother letter dated 13/06/1957 addressed to the inspector-generalof police, delhi, the petitioner said : 'asusual my seniority for confirmation and promotion has tobe fixed in my parent department, it may ..... it establishes is that 'the question is one of discretion for (the) court to follow from case to case'.neither the periods prescribed by the limitation act nor any other time limits confine or restrict this discretion. but some well recognisedconsiderations do affect its exercise. before assisting the aggrievedparty the court must be .....
Tag this Judgment!Court : Delhi
Reported in : ILR1977Delhi247
..... of law, to an award as defined by clause (b) of section 2 of the arbitration act. it is provided by section 21 in chapter iv of the arbitration act that where in any suit all the parties interested agree that any matter in difference between them in the suit shall be referred to arbitration ..... on 12-10-1953. on 3-10-1956 shambhunath filed a suit for rendition of accounts and the commercial sub-judge delhi granted him a preliminary decree on 13-8-1957. the local commissioner appointed by the court went into the accounts and reported that a sum of rs. 42,536-9-9 was due to the plaintiff. the defendant ..... brought to my notice as should place the arbitration in question beyond the pale of section 47, or, for the matter of that, the other relevant provisions of the arbitration act. shri suri gave his decision after going through the firm's books of account and other documents on record and after hearing the parties. his decision amounted, in the eye .....
Tag this Judgment!Court : Delhi
Reported in : 1977CriLJ1984; ILR1977Delhi549
..... scc christie v. leachinsky (1947) a.c. 573, and tims v. john lewis and co. ltd (1952) a.c. 676 .(15) street on torts, 5th edition, in chapter 6 states that mistake is no defense to intentional torts. if a policeman arrests without warrant someone who in .fact has not committed a felony, and whom he had no ..... p.m. on the same date. eventually, the plaintiff was, after about two hours being in custody released on bail and was finally discharged on 31st december, 1957.(3) the plaintiff instituted the suit on the allegations that he had been arrested a unlawfully and falsely without any legal justification and that the defendants had committed the ..... the confinement of the plaintiff within an area delimited by the defendant. salmond on the law of torts, 15th edition, page 161, has defined it as an act of the arresting or imprisoning any person without lawful justification. or otherwise preventing him without lawful justification, from exercising his right of leaving the place in which he is .....
Tag this Judgment!Court : Delhi
Reported in : ILR1977Delhi724; 1977RLR347
..... ) the plaintiff,are a company of engineers and contractors. the defendant delhi development authority (the authority) is a statutory corporation constituted under s. 3 of the delhi development act, 1957 (the act). it is a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property both movable and immovable. it can sue and ..... on account of the purchase price of the land to the delhi administration and thereforee they are entitled to sell it.(54) now when we turn to the act we find that chapter v deals with the 'acquisition and disposal of land'. section 15 empowers the central government to acquire land under the land acquisition ..... act, 1894. ours is not a case of acquisition. thereforee, section 15 does not apply.(55) section 21 gives to the authority power of disposal of land. in so .....
Tag this Judgment!Court : Delhi
Reported in : 13(1977)DLT363
..... the concurrence of the commission to the appointment of the petitioners as executive engineers as required under section 96 of the municipal corporation of delhi act, 1957, for short, the act. in the course of the correspondence between the corporation and the commission that ensued, the commission took the view that the departmental promotion committee ..... which was couched in prohibitory language, had no legal existence. the respondents pose an interesting question which, however, cannot survive a closer scrutiny.(10) chapter vi of the act, inter alias deals with municipal officers. section 89 deals with the power to appoint' specified officers with which we are not concerned in the present case ..... of manbodhan lal (supra) to be merely directory. the distinction between the two sets of provisions is obvious. article 320 does not occur in the chapter dealing with services and the power to make the appointment and the manner in which it is to be made are clearly severable in the scheme of .....
Tag this Judgment!Court : Delhi
Reported in : AIR1978Delhi199
..... against 34-ghonda in the description of the extent of constituency.26. in exercise of the powers conferred by s. 5 of the delhi municipal corporation act, 1957, as amended by the delhi municipal corporation (amendment) act, 1974 read with the government of india, ministry of home affairs notification no. 3/6/66 delhi dated the 20th april, 1967 and in super ..... may 30, 1977. the order dated may 30, 1977 is ext. pw-8/2. the list of polling stations is ext. pw-8/2-a. para 14 of chapter i of the hand book of returning officers provide that the district election officer/returning officer can correct printing and clerical mistakes, if any, after such publication. the chief election ..... the hand book for returning officers is only for the purpose of sending it to the chief electoral officer and superintendent of state government press. para 9 of the same chapter provides for the publication on the notice board a notice of nominations in form 3-a (s. 35). this notice is to be affixed after 3 p. m. .....
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