Court : Delhi
Decided on : Dec-19-1973
Reported in : [1974]44CompCas359(Delhi); [1974]95ITR229(Delhi)
..... some of the applications under the code of civil procedure and dealt with applications for which no period of limitation was provided elsewhere in the schedule to that act or by section 48 of the code of civil procedure in article 181. this article was in the following terms :'applicantfor which no period of limitation is provided else- ..... judge on issue no. 2 with regard to limitation and contended that on a true construction of the provisions of article 137 of the limitation act, 1963, and of section 30 of that act, the court ought to have held that the present petition was beyond the scope of the provision of article 137 and there was, thereforee, ..... group and while respondent no. 2 was in voluntary liquidation with respondent no. 3 as the voluntary liquidator, the liquidator proposed a scheme of arrangement under section 153 of the act of 1913 for the amalgamation of respondent no. 2 with respondent no. 1 and after the statutory meeting of the members had been held to consider the .....
Tag this Judgment!Court : Delhi
Decided on : Mar-22-1973
Reported in : ILR1973Delhi130b; 1973RLR461
..... to curb if to prevent further misery and ruination. to our mind, the situation does legitimately constitute a 'public emergency' as envisaged in sub-section (1) of section 5 of the act. it is not possible in the present complex state of our society, with action and interaction of diverse forces at work, to confine the concept ..... freedom from danger. (6) after hearing shri arora and shri bhandare, appearing for the respondents, we are unable to sustain these submissions. (7) section 5 of the act as amended by act 38 of 1972 reads as under :- 5.'(1) on the occurrence of any public emergency, or in the interest of the public safety, the central ..... 20) lastly shri daljit singh argued that the petitioner enjoying the facility of telephone under 'own your telephone' scheme was not a 'person licensed under this act' within the meaning of section 5(1) and, thereforee, temporary possession of his telephone could not be taken under this provision. we see force in this argument. (21) telephone instrument .....
Tag this Judgment!Court : Delhi
Decided on : Jul-30-1973
Reported in : ILR1973Delhi741; [1974]94ITR486(Delhi)
..... may have to be included. according to him, the balance sheet figures were the only and the correct basis on which the income-tax officer was required to act under section 23-a. amounts credited in the books as realisable, though not realised during the year of account could not be kept out of consideration. the said accounts, ..... mr. k. r. bajaj, the learned counsel for the assessed, on the other hand, submitted that in order to ascertain the smallness of profits referred to in section 23a of the act, the commercial profits and not the assessable profits have to be considered. for this purpose, available surplus money in the hands of the assessed would alone determine the ..... to the question posed. as the supreme court observed in gangadhar banerjee's case the burden lies on the revenue to prove the conditions laid down in section 23a of the act were satisfied before the order could be made. the revenue failed to discharge this burden, by proving facts which could be brought out in the judgment .....
Tag this Judgment!Court : Delhi
Decided on : May-02-1973
Reported in : 9(1973)DLT397
..... may be taken of that defect so far as this appeal is concerned. in future, the office should see that all appeals under the act be they under sub-section (2) or sub-section (5) of section 109 of the act are filed in the form of a petition accompanied by an affidavit as required by rule 3. (13) for the reasons stated above, ..... of the parties should be determined by a competent court. it is not possible to accept the contention on behalf of the appellant that on the analogy of section 155 of the companies act the registrar is bound to refuse to register the assignment or transmission until the rights of the parties have been determined by a competent court. the decision in ..... if there is no statutory enactment. (see clause 37 of the letters patent.) (10) the question, thereforee, is as to the form in which an appeal under section 109(5) of the act is to be filed in the high court. rule 13 referred above applies the rules and forms of the high court mutates mutants to the proceedings under the .....
Tag this Judgment!Court : Delhi
Decided on : Jan-16-1973
Reported in : 1975RLR264
..... agreement dated 20.3.1962. thereafter no obstruction remained in the way of the execution of the sale deed. under section 55(l)(d) of the transfer of property act and section 29 of the stamp act as also according to the agreement of 20th march 1962 the obligation was on the purchaser to purchase a stamp paper ..... that the certificate of the district judge must be obtained even though chandra parkash was to become major on 16-8-1962. for, under section 8 of the hindu minority and guardianship act, 1956 the question of grant of the certificate by the district judge could not arise after chandra parkash had obtained majority. it is only ..... law in this matter were the same. the law commission, thereforee, recommended that the new specific relief act should specifically include this requirement to be fulfillled by the plaintiff suing for specific performance. section 16(c) of the specific relief act 1963, thereforee, enacts that it would be a personal bar to the relief of specific performance in .....
Tag this Judgment!Court : Delhi
Decided on : Dec-14-1973
Reported in : AIR1975Delhi13; 1974RLR177
..... remainder, 'means', think, must have no less wide a connotation'.(8) it seems to us that the expression 'the means' as used in clause (a) of sub section (4) of section 19 of the act, can generally speaking be equated with the resources at the disposal of a tenant or what he is getting or can fairly be assumed likely to get irrespective ..... . in om parkash v. lachhman dass 1972 d.l.t. 382 observed that the means of the tenant is a material factor to be taken into consideration under section 19(4) of the act and it could not be assumed that a house belonging to the mother of a tenant would be available to the tenant for joint accommodation. (7) there cannot ..... .l.r. 162 d l.t 509, safeer., j., quashed an order of the competent authority by holding that it had been in disregard of the requirements of section 19 of the act. that case was in respect of a shop in occupation of one kishan 1 as a tenant. the competent authority found that krishan lal was also working with his .....
Tag this Judgment!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 : Jul-23-1973
Reported in : 1973RLR661
..... development and use of land and building in delhi, a civic survey of delhi was carried out and a master plan was promulgated by the authority under section 7 of the act. the master plan which came into force on 1st september, 1962, defines the various zones into which delhi was divided for the purposes of development and ..... the question against the tenants. in the course of their judgment, their lordships had made certain observations in para 12 with regard to the applicability of section 14 of the delhi development act. on a review petition by the delhi development authority, their lordships vide their order dated march 26, 1973 deleted para 12, except the last sentence ..... in that paragraph, and the first sentence in para 13. their lordships held that in their opinion section 14 of the delhi development act had no relevance in deciding the question at issue in the case. i have carefully pursued the judgment of their lordships and, in my v;ew, .....
Tag this Judgment!Court : Delhi
Decided on : Sep-06-1973
Reported in : ILR1974Delhi215
..... a second marriage of a male hindu during the life-time of his previous wife void. but the position is different after the coming into force of the act. under section 5 of the act ;- 'amarriage may be solemnized between any two hindus, if the following conditions are fulfillled, namely,- (i) neither party has a spouse living at the time ..... may hold themselves out before society as husband and wife and the society treats them as husband and wife.'(9) after referring to sectins 5 and 17 of the act and sections 494 and 495 indian penal code , the learned judge proceeded to observe as follows:- 'themarriage between two hindus is void in view of s. 17 if two ..... representation or by any dishonest concealment of facts; (ii) that the accused fraudulently or dishonestly induced the person so deceived to do any of the acts mentioned in section 415; and (iii) that the act or omission of the person deceived caused or was likely to cause damage or harm to that person in body, mind, reputation or property.so .....
Tag this Judgment!Court : Delhi
Decided on : Dec-19-1973
Reported in : AIR1974Delhi73; [1974]95ITR197(Delhi)
..... in other words, absence of uniformity itself might help defeat the measure. this is why presumptions were raised by clauses (a) and (b) of sub-section (2) of section 269-c of the act, namely:-(a) that if the fair market value exceeds the apparent consideration by more than 15 per cent., this shall be a conclusive proof that the consideration ..... till it is registered. it is only when there is a conflict between two buyer, and the priority between the two is to be' decided that section 47 of the registration. act may be invoked. in the present case, the conflict is between the state and the petitioner and the only question for decision is as to which is ..... government that the acquisition was for a public purpose which was deemed to be 'conclusive evidence that the land is needed for a public purpose' under section 6(3) of the land acquisition act, 1897, conflicted with the requirement of article 31(2) of the constitution that the acquisition must in fact be for a public purpose. the supreme .....
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