Court : Delhi
Decided on : Nov-05-1973
Reported in : 1974CriLJ1140; ILR1974Delhi295; 1974RLR167
..... of which evidence is or may be legally taken on oath.'(5) the proceedings in question were under sub-section (4) of section 38 of the act. section 38 provides for an appeal before the tribunal. sub-section (3) of this section lays down that the tribunal shall have all the powers vested in a court under the code of civil ..... such a situation, that a sales-tax officer also performed quasi-judicial function, it was held not enough to make it a 'court'. section 7 of this act was specifically noticed. this section provided that if the sales-tax officer after making such enquiries as he thinks necessary was satisfied that a return made is correct and complete ..... division bench of this court in ram nath monga v. hem chand . proceedings in this case were before a controller acting under the rent act. the bench held that the controller acting under the act was a 'court' under section 195(1)(b) of the code of criminal procedure. the considerations that led to this conclusion were the same which .....
Tag this Judgment!Court : Delhi
Decided on : Aug-09-1973
Reported in : ILR1973Delhi698; 1973RLR688
..... a court can be extended to only such tribunals which satisfy the four essential characteristics of a court described above. the competent authority acting under section 19(3) of the slum areas (improvement and clearance) act, 1956 does not satisfy these characteristics for the reasons stated above. we are of the view that it is not a court ..... of civil procedure in respect of certain matters. in those respects its procedure is fixed in advance. similarly, the controller under the delhi rent control act, 1958 is required to follow under section 37(2) thereof 'as far as may be the practice and procedure of a court of small causes, including the recording of evidence'. he ..... determining the amount of compensation payable to a person by the government for the acquisition of his land under the said act. section 18(2) of the act confers on the competent authority 'while holding inquiry under section 15 all the powers of a civil court while trying a suit under the code of civil procedure, 1908, in .....
Tag this Judgment!Court : Delhi
Decided on : Jan-22-1973
Reported in : ILR1973Delhi803
..... understanding of what the french court itself had done in this particular case and what we consider is the legal position to be gathered from sections 20 and 21 of the act. (43) section 31 ofthe indian act deals with the situation, the obverse of the present one, as to what the indian courts would do when a prisoner is to ..... other than for which his surrender had been granted. (30) r v. aubrey-fletcher, ex parte ross-munro 1968 1 all er 993 held that section 19 of the extradition act of 1870 was not directed to procedure or evidence but to jurisdiction; provided that the crimes with which the prisoner was charged were the offences for which ..... the charge of fraudulent conversion based upon the facts contained in the information upon which the claim for extradition was based. the contention put forward was that section 19 of the act was not abrogated by article iv of a treaty of extradition made between england and france which prohibited the trial of such person for any offence other .....
Tag this Judgment!Court : Delhi
Decided on : Feb-28-1973
Reported in : ILR1973Delhi891
..... may like-wise shift again to the plaintiff. he may also rely upon presumptions of fact, for instance those mentioned in section 114 and other sections of the evidence act. under section 114 of the evidence act, 'the court may presume the existence of any fact which it thinks likely to have happened, regard being had to ..... the decrees.(49) turning to the second aspect i find that the court below had drawn presumptions under section 114 of the evidence act and section 118 clauses (a) and (g) of the act. section 114 of the evidence act should have been taken into consideration in respect of the nobproduction of the accounts by respondent no. 1 to ..... it has been accepted, indorsed, negotiated or transferred, was accepted, indorsed, negotiated or transferred for consideration.(51) to find the true scope of section 118(a) section 14 of the act which deals with negotiation has essentially to be looked into. unless the negotiable instrument is shown to have been transferred so as to constitute the .....
Tag this Judgment!Court : Delhi
Decided on : Oct-04-1973
Reported in : ILR1974Delhi260
..... contended that the prosecution had sufficient time from 15th may, 1971, to 18th november. 1971, at their disposal to obtain the necessary sanction under section 6 of the act for prosecuting the petitioner, but it deliberately waited till the termination of services of the petitioner and filed the present chargesheet on 14th december, 1971, ..... to be a public servant. it was, thereforee, contended that if for any reason whatsoever sanction for prosecuting the petitioner could not be obtained, section 6 of the act would provide a complete bar to the petitioner's prosecution in the present proceedings. it was further submitted that the expression 'public servant' appearing in ..... against the petitioner and respondent shri r. k. birla. (10) shri avtar singh learned cousel for the petitioner submitted that the provisions of section 5(l)(d) ofthe act applied to a public servant in office and not to erstwhile public servant. it was accordingly contended that the petitioner being no longer a public .....
Tag this Judgment!Court : Delhi
Decided on : Apr-05-1973
Reported in : AIR1973Delhi265; 9(1973)DLT267
..... it would have to be passed after bringing them on record. (22) death of the statutory tenant after the order for eviction is passed under the 1958 act : section 25 of the 1958 act provides as follows :- 'notwithstandinganything contained in any other law, where the interest of a tenant in any premises is determined for any reason whatsoever and any ..... or through someone other than the deceased tenant, then they cannot be evicted in execution of the order for eviction in view of the proviso to section 25. section 50(4) of the act of 1958 also reserves the final decision on title to a civil court. the controller has, thereforee, to decide whether a person has an independent ..... jurisdiction. for, the survival of the right to sue is governed by the general law. while the general law is stated in section 37 of the contract act and section 306 of the indian succession act, these provisions are not concerned with the form in which the right to sue survives and the procedure by which such a right .....
Tag this Judgment!Court : Delhi
Decided on : Mar-22-1973
Reported in : AIR1974Delhi155; 9(1973)DLT429; 1973RLR406
..... the giving of a power-of attorney as contemplated by the explanationn. power-of-attorney is a special document which is defined in the indian stamp act by subsection (21). of section 2 as including any instrument (not chargeable with a fee under the law relating to court-fees for the time being in force) empowering a ..... (2) the said mortgage deed relating to the properly situated in connaught circus. new delhi, is not liable to payment of any stamp duty under section 147 of delhi municipal corporation act of 1957.'the authority disposed of this application by its order dated february 20,1968. the authority was of the opinion that it was not bound ..... 29th june, 1963 and inadvertently referred to the order of the then chief controlling revenue authority dated 14th september, 1968 as having been charged under section 147 of the municipal corporation act, 19'7 was legally payable.'(2) because of the conditional reference, p.s aggawal who is concerned with the reference had to file the above .....
Tag this Judgment!Court : Delhi
Decided on : May-10-1973
Reported in : [1974]44CompCas228(Delhi); ILR1973Delhi322
..... without any knowledge of the defect in their continuance or functioning as directors. to appreciate this contention it would be necessary in the first instance to read section 290 : '290.acts done by a person as a director shall be valid, notwithstanding that it may afterwards be discovered that his appointment was invalid by reason of any defect ..... board of directors of a company decides to increase the subscribed capital of the company by allotment of further shares, then unless the requirements of sub-section (1a) of section 81 of the said act, are complied with (a) such further shares shall be offered to the persons who, at the date of the offer, are holders of the ..... have done their best to set right the matter of which they complain, by calling general meetings (vide lindley, l. j. in isle of wight railway company v. tahourdin (1884) 25 ch. d. 320). (33) the ground has now been prepared for. discussing some of the even more important aspects of this case. (34) the english cases .....
Tag this Judgment!Court : Delhi
Decided on : Mar-23-1973
Reported in : AIR1974Delhi108; 9(1973)DLT352; 1973RLR331
..... balwant singh, respondent and the latter's sub-tenant raghubir singh, appellant, alleging violation of clauses (b) and (d) of the proviso to sub-section (1) of section 14 of the 1958 act. the rent controller by his order dated october 20, 1967 and in appeal the tribunal by his order dated october 10, 1968 found that the appellant sub ..... -tenant and, thereforee, from the sub-tenant, on the ground of non-occupation by the tenant.4. sub-section (2) of section 17 and sub-section (1) of section 18 which are relevant section 17(3) :- 'where, before the commencement of this act, any premises have been lawfully sub-let either in whole or in part by the tenant, the tenant or ..... status of a tenant and to claim protection from eviction in execution of a decree for eviction passed against the tenant on any of the grounds mentioned in section 14 of the act. the argument of anomaly which ahs been raised by mr. g.s. vohra, learned counsel for the appellant sub-tenant, cannot, thereforee be accepted. all .....
Tag this Judgment!Court : Delhi
Decided on : Apr-17-1973
Reported in : ILR1973Delhi298; [1974]94ITR433(Delhi)
..... is relevant for the purpose of determining whether the transaction, assuming it to be a transfer of a capital asset, comes within the scope of sub-section (1) of section 52 of the act. sub-section (1) reads as under:- 'where the person who acquires a capital asset from an asses- see is directly or indirectly connected with the assessed ..... veil, we still find the assessed and the company to be two different entities. (34) the controversy is about the second condition in sub-section (1) of section 52 of the act, namely, whether the income-tax officer has reason to believe that the transfer was effected with the object of avoidance or reduction of the liability ..... the capital asset on the date of the transfer.'(33) there is no difficulty in holding that one of the two conditions prescribed under sub-section (1) of section 52 of the act, namely, that the person who acquires the capital asset from the assessed is directly or indirectly connected with the assessed, is satisfied in the present .....
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