Court : Delhi
Reported in : ILR1980Delhi249
..... with the avowed 'intention of totally separating'from him, and getting back some articles which belonged to her. thecourt rightly held that they had not 'resided together' at dehra dun,for the matrimonial relationship had, in reality, long come to an end.(29) similarly, in dr. ashok ranjam saxena v. smt. vishwabharati, : air1978all18 , the ..... court at the place wherethey had last resided together 'though for short intervals during thevacations' had jurisdiction to try the husband's petition under theindian divorce act. on the same grounds i have reached a similarconclusion.(27) counsel for the wife maintained that the critical requirementfor holding that a husband and wife had ..... that one and only night inmisery. it is patent from the judgments that the decision in this casewas conditioned by the anomaly in the indian divorce act that itdoes not confer jurisdiction on the court at the place where the partiesare married. understandably, the court was oppressed with the thoughtthat unless it .....
Tag this Judgment!Court : Delhi
Reported in : AIR1978Delhi158; [1978]48CompCas432(Delhi); 14(1978)DLT147; ILR1978Delhi279; 1978RLR170
..... any money due to the company. this section of the act is analogous to the provisions of s. 186 of the companies act, 1913 (hereinafter referred to as 'the old act'). this provision of the old act came up for consideration before the privy council in hansraj gupta v. dehra dun mussoorie electric tramway co. ltd . the privy council while ..... principle of construction of statutes in view and for the purpose of avoiding anomalous situations, the expression ( any claim' occurring in s. 446(2)(b) of the act will have to be interpreted as a claim which is legally enforceable. we are, thereforee, of the considered opinion that the expression 'any claim' in clause m of ..... m.l. jain, additional district judge. delhi dated 1-10-1966, accepting the claim petition filed by the official liquidator under section 446(2) of the companies act. the official liquidator in the aforeside claim petition had prayed for recovery of rs . 845.32 against the appellant.2. the learned additional district judge granted a .....
Tag this Judgment!Court : Delhi
Reported in : AIR1978Delhi129; 1978RLR186
..... it is only applications to courts that are intended to be covered under art. 137 of the limitation act 1963 do not advance the case of the petitioners.33. lastly reliance was placed on case hansraj gupta v. dehra dun mussoorie electric tramways co. ltd. in which it was observed that the suit ordinarily means a civil ..... proceeding instituted by presentation of a plaint that the applications of the liquidators would not be 'suit' within the meaning of 9 3 of the limitation act, 1908; and that applications by the ..... application of the provisions of order 22 to the proceedings on a reference application before the court it is futile to contend that the provisions of the limitation act would not be applicable for filing an application under the aforesaid provision of law for bringing on record the legal representatives of the deceased claimant.25. in .....
Tag this Judgment!Court : Delhi
Reported in : [1978]48CompCas385(Delhi); 1977RLR391
..... not be enforced by a summary order under section 186 of the companies act of 1913 on the ground that the section did not create new liabilities or confer new rights but merely created a summary procedure for enforcing existing enforceable right and liabilities. in hanraj gupta v. dehra dun-mussoori e. t, co air. 1933. p.c. 63, ..... this decision was approved and was described by the judicial committee as coinciding with the view expressed long ago in stringer's case (1869) 4. (9). ch 475. the judicial committee further held that the words ''any money due' in section 186 of the act of 1913 ..... appointment of liquidator the misapplication, retaining,. misfeasance or breach of trust, as the case may be, 'whichever is longer'. this clearly makes the limitation for the complained acts under the ordinary law of limitation irrelevant. this is so because the provisions of sub-section (2) of section 543 would prevail over the law of limitation, being .....
Tag this Judgment!Court : Delhi
Reported in : ILR1975Delhi837
..... .g. for making a refeence under section 18 a limitation is prescribed by the act. the pro visions of the limitation act cannot be applied by analogy or by implication. they must clearly and expressly apply (see hansraj gupta dehra dun mussorie electr'c tramway co. ltd., the bombay gas co. v. gopal bhiva, : (1963)iillj608sc and management of ..... 1969) 71 prld 41 t. d. dua j. held that order 22 of the code in terms does not apply to civil revisions and the provisions of limitation act prescribing limitation for moving application for substitution does not apply lo revisions. in respect of writ petitions, this court (hardy j.) held in ram kishore rasfogi v. the ..... abbasbhai v. collector, ranch mahals : air1967guj118 , wherein p. n. bhagwati j. (as he then was) observed that the proceedings before the district court under the act are in the nature of civil proceedings and the provisions of the code of civil procedure apply to it. the learned judge has, however, found that the provisions of .....
Tag this Judgment!Court : Delhi
Reported in : AIR1975Delhi192; 1975RLR15
..... of the case, this aspect of the matter was subsidiary. with these observations, i revert to the main point.(14) although section 26(1) of the advocates act does not envisage the making of any contract, it was generally agreed that the words 'fraud' and 'misrepresentation' occurring in the proviso ought to be understood in the ..... doubt his cross-examination lays bare the fact that he did not know the appellant personally and did not make sufficient inquiries. that only proves that the munsif acted with less circumspection than might have been expected of him ; not that he intended to make a representation that the appellant was never convicted of an offence. ..... 12th january, 1965 to the appellant saying : 'whereasit has been brought to the notice of this council that you made an application for enrolment under the advocates act of 1961 to the bar council of uttar pradesh, that in the said application for enrolment you concealed the fact of your having been previously convicted of offences .....
Tag this Judgment!Court : Delhi
Reported in : 10(1974)DLT131; 1974RLR511
..... a clue that suits are instituted by presentation of a plaint to the court. the judicial committee of the privy council in hansraj vs . dehra dun-musscorie electric tramway company limited (1), observed that a suit was ordinarily instituted by the presentation of a plaint. the proceedings initiated under the indian succession ..... f. queros and others, : air1963all153 . there, the question was of court- fees payable on an appeal from an order passed under section 278 of the succession act granting letters of administration. although the court was concerned with the only question of court-fees, it has made some valuable observations which are of assistance in the question ..... for construing the expression in section 299 as a decree passed in a suit. we are, thereforee, of the conclusion that the proceedings under the indian succession act do not constitute a suit and the decisions on the petitions and applications therein are not included within the definition of decree given in section 2(2) of .....
Tag this Judgment!Court : Delhi
Reported in : ILR1974Delhi311
..... add and amend or, by construction, make up deficiencies which are left in the act. even where there is a causes omissus, it is said by lord russci of killowen in hansnij glipla v. official liquidator of dehra dun mussoorie electric tramway coin., ltd. (8) for others than the courts to remedy the defect : vide nalinakhya ..... bysaek v. shyam slinder haldar and others 1953 (4) s c r 5331.(60) if an act of parliament has been obtained improperly, it is for the ..... these undertakings for their modernisation, the possibility of taking over the management of the undertakings only for a limited period under the industries (development and regulation) act, 1951 was ruled out and it was decided that the management of sick textile undertakings should be taken over pending nationalisation of such undertakings. once the basic .....
Tag this Judgment!Court : Delhi
Reported in : 10(1974)DLT35; ILR1973Delhi644
..... the said amounts could not be recovered in a suit due to the bar of limitation. support for this submission was drawn from hunsraj gapta and others v. dehra dun-mussooric electric tramway co. ltd. wherein the court observed that money due means 'money due and recoverable in a suit' and does not include any monies which ..... by the trust, became officers of the authority. not only this, it was submitted, by virtue of clause (d) to subsection (2) of section 60 of the act, all properties movable and immovable vesting in the delhi improvement trust or the delhi development (provisional) authority shall be deemed to vest in the authority. further, all rents, ..... of land revenue had misunderstood the question which had resulted in grave miscarriage of justice. it was contended that prior to coming into force of the delhi development act, the property, in respect of which the claim was raised against the respondents, belonged to the government and was placed at the disposal of the trust. referring .....
Tag this Judgment!Court : Delhi
Reported in : [1973]43CompCas376(Delhi); ILR1973Delhi752
..... section 186 of indian companies act, 1913, were construed to be confined to 'money due and recoverable in a suit and not moneys, which ..... b) of sub-section (2) of section 446 of the companies act. (11) i also find that this conclusion is in line with the views which have prevailed while interpreting similar expressions used in similar circumstances in various enactments. in hans raj gupta v. dehra dun mussorie electric tramway co. ltd. , the words money due in ..... v. associated bank of tripura, : 1955crilj555 , (1)observed :- 'it appears to us that, consistently with the policy and with the scheme of the amending act, where the liquidator. has to approach the court under section 45-b for relief in respect of matters legitimately falling within the scope thereof, elaborate proceedings by way .....
Tag this Judgment!