Court : Delhi
Decided on : Apr-06-1973
Reported in : 10(1974)DLT46
..... other than firearms. category vi does not specify any firearms' but refers to amnaunition which is defined as articles containing explosives or fulminating material, fuses and frictioa tubes, and ingredients as defined in section 2(1)(b) vil (10) schedule ilsets out, inter alia,the categories of arms and ammunitions and the licencing authorities ..... centrall government for that can be done only by means of a gazette notification as provided by sob-section (9)of section 17 of the arms act. 5. even if subsection (6) of section 17 of the armas act was 'attracted somebody has to determine the grouads for suspending or revoking a license and that determination can ..... question of issue of license executive directions issued particularly of license executive directions issued particularly prior to the commencement of the statute, i.e the arms act, 1959, cannot form the ebasus of refusing renewal of llcence it may be noticted that the executive directions relied upon by the respondents is the policy .....
Tag this Judgment!Court : Delhi
Decided on : Nov-27-1973
Reported in : 10(1974)DLT163
..... statute under which they are framed. under section 5 of the act the expression public emergent includes an economic emergency. this was so held by the division bench in roop lal's case. the expression used in rule ..... under rule 422.(20) shri daljit singh, another learned counsel for the respondents, argued that the administration notifications issued by the delhi administration under section 5 of the indian telegraph act were not published in the official gazette. they were not known to the petitioners. further, copies thereof were filed in roop lal makkar's ..... disconnecting the telephones were had as they were passed without issuing previous notices to the petitioners. let us consider the contentions serialtim.(10) according to section 20 of the general clauses act, 1897, as a general rule, expressions used in the rules framed under a statute would, have the same meaning as they have in the .....
Tag this Judgment!Court : Delhi
Decided on : May-25-1973
Reported in : ILR1973Delhi570
..... it appears that the member secretary of the investigation committee wrote to the petitioners on 20th june 1972 informing them that an investigation committee under section 15 of the act of 1951 has been constituted to look into the affairs of the textile mills of saharanpur and that the committee had decided to hold its ..... fall within definition of clause 2 (d) (ii). the undertaking also falls within the definition of sub-clause (v) of clause (d) of section 2 of the act. the requirement of that sub-clause is that the management of the undertaking ought to be according to the report made after an investigation by any person ..... textile corporation, kanpur. member-secretary: (3) shri g. a. sheth, deputy director, regional office of the textile commissioner, kanpur.(4) while forwarding the order under section 15 of the act of 1951, the investigation committee was also requested to examine and report on the following specific points : (a)reasons for the present state of affairs; (b) deficiencies .....
Tag this Judgment!Court : Delhi
Decided on : Dec-14-1973
Reported in : ILR1985Delhi331; [1974]95ITR34(Delhi)
..... not exceeding 280 acres might make additional purchases of adjoining lands. the said act was repealed subject to a saving provision by the crown lands act, 1884, which, like the act ' of 1861, provided for additional conditional purchases, hut section 22 of the act of 1861 had no counter part in the latter act, there being no provision relating to the conditional purchase of adjoining lands by ..... a holder in fee simple of lands granted by the crown. section 2 of the act of 1884 under which the former .....
Tag this Judgment!Court : Delhi
Decided on : Oct-03-1973
Reported in : ILR1974Delhi689
..... the purchaser to recover damages for breach of contract of sale relating to immovable property is not applicable in india in view of the express provisions of section 73 of the contract act which are comprehensive enough to apply to breaches of contract arising from sale of movable as well as immovable properties. the vendor is entitled to recover ..... covenant is incorporated in the deed of agreement. it is, thereforee, not permissible to adduce oral evidence to contradict this as it falls within the mischief of section 92 of .the evidence act. if the covenant of good title is to be excluded it must be expressed in clear and unambiguous term in the document itself : see thanmmineni paparao ..... purchase is carried out it goes against the purchase money but its primary purpose 'is that it is a guarantee that the purchaser means business'.(35) in howe v. smith (1884) 27 ch. d. 89 (7) fry l.j. observed: 'theterms must naturally to be implied appear to me in the case of money paid on the signing .....
Tag this Judgment!Court : Delhi
Decided on : Mar-02-1973
Reported in : AIR1974Delhi58
..... the fact whether in the case of deputy mayor. the writing reaches the mayor or not. it seems to us that no assistance can be derived from section 38(3) or section 48(2) of the act. section 33(1)(b) says that if a member resigns the seat by writing addressed to the mayor and delivered to the commissioner. his seat shall. thereupon ..... repagination on 13-8-1955. it was this action of the district magistrate which was challenged before the full bench. the relevant provision in the u. p. town area act was section 8(a)(5) which provided that if the chairman wishes to resign he shall forward his resignation in writing to the district magistrate and h1 shall be deemed to have ..... accept a resignation was nullity. reference was also made to sharnsuddin v. state of raiasthan. air 1952 rai 531 and the queen v. the mayor and town council of wigan 1884 14 q. b. d. 9081 pease v. lowden 1899 1 q. b. 386 and it was held that these cases were of no assistance. the third learned judge also did .....
Tag this Judgment!Court : Delhi
Decided on : Dec-03-1973
Reported in : AIR1974Delhi159; ILR1974Delhi443
..... what portion thereof is allotted or reserved for a road. (14) resuming the narration of the provisions of the development act, we come next to section 9 sub-section (1) whereof provides that in this section and in sections 10, 11, 12 and 14, the word 'plan' means the master plan as well as the zonal development plan ..... corporation to construct a residential building and changes the user thereof, he can be prohibited from doing so under section 347 of the municipal act. contravention of any provision of any section of the municipal act is punishable under section 461. it cannot, thereforee, be said that the owner or occupier of a building has a license to ..... of the evidence. as a result of the consideration of the evidence, the conclusion would be whether the petitioners have committed the offences punishable under section 29(2) of the act or not. this is essentially the function of the ordinary criminal court. there is absolutely no justification why such ordinary criminal cases should not .....
Tag this Judgment!Court : Delhi
Decided on : May-09-1973
Reported in : 10(1974)DLT35; ILR1973Delhi644
..... appointed as lambardars 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 ..... respondents could, thereforee, be recovered by the trust as if it was an arrear of land revenue in accordance with the provisions of sub-section (1) of section 54-b of the improvement act. (28) it was further submitted that with a view to provide for the development of delhi according to plan and for matters ancillary thereto ..... this brings one to the second part of the submission as to whether the amounts due could be recovered as arrear of land revenue. sub-section (1) to section 54-a of the improvement act envisaged that the government may, upon such terms as may be agreed upon between the government and the trust, place at the disposal of .....
Tag this Judgment!Court : Delhi
Decided on : Nov-06-1973
Reported in : ILR1974Delhi847
..... found in entry 94 of list i and entry 45 of list iii in the seventh schedule to the constitution. (6) the relevant part of sub-section (1) of section 3 of the said act provides:- 'theappropriate government may, if it is of opinion that it is necessary so to do, and shall, if a resolution in this behalf is ..... state in that behalf, there is no statutory or other obligation upon the appropriate government to appoint a commission of inquiry and, thereforee, on the words of section 3 of the act there cannot be a legal or statutory obligation upon the appropriate government to appoint a commission of inquiry even if there is a definite matter of public importance. ..... that behalf-that the various matters in respect of which allegations have been made in the petition are 'definite matters of public importance' within the meaning of section 3 of the said act. on this question, the matter has to be determined from the point of view whether the petitioner has a legal right to the relief with a .....
Tag this Judgment!Court : Delhi
Decided on : May-25-1973
Reported in : ILR1974Delhi311
..... when it found that any textile undertaking was being managed in a manner highly detrimental to it or to public interest was to take action under section 18a of act of 1951. but experience was show ing that this remedy was not enough to meet the problem and that some radical measures were necessary to meet ..... made after investigation by any person or body of persons appointed after the 1st day of january, j970 under section 15 or section 15a of the industries (development and regulation) act 1951) taken over under section 18a of that act, but ]n relation to which no notified order authorising any person or body of persons to take over the ..... by an order dated 27-5-1971 the ministry of industrial development and internal trade (department of industrial development). new delhi, appointed a committee under section 15 of the act of 1951 for making full and complete investigation into the affairs of the petitioner undertaking.(13) the order reads as follows whereas the central government is .....
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