Court : Delhi
Decided on : Nov-15-1973
Reported in : ILR1974Delhi864
..... 14-8-1968 are clearly barred by time, the appellants not being entitled to the benefit of any exclusion of time under section 12 of the limitation act, 1963. no reasons have even been given in c.m. 410 of 1973 (in r.f.a. (o.s.) ..... of the bombay high court but without noticing the effect of the change in the language employed by the explanationn to section 12 of the act of 1963 or the decision of chandrachud, j. in sitaram's case. these appeals which are filed on the merits ..... in keshar sugar works v. r. c. sharma : air1951all122 (1) that the words 'requisite' and 'obtaining' in section 12 of the act of 1908 meant that some definite step should be taken by the appellant himself towards the obtaining of the copy and if the ..... laid, even then, on the litigant having applied for the copy before the court had drawn up the decree. (15) section 12(2) of the limitation act, 1963 was amended by incorporating the expression 'before an application for a copy thereof is made' in the explanationn. (16) .....
Tag this Judgment!Court : Delhi
Decided on : Dec-19-1973
Reported in : ILR1974Delhi617
..... rule. 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 269c of the act, namely:- (a) that if the fair market value exceeds the apparent consideration by more than 25 per cent, this shall be a conclusive proof that the ..... effected till it is registered. it is only when there is a conflict between two buyers 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 ..... 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 .....
Tag this Judgment!Court : Delhi
Decided on : Jan-03-1973
Reported in : ILR1973Delhi682
..... should not be regarded as 'other reasonably suitable accommodation' available to him within the meaning of clause (e) of the proviso to sub-section (1) of section 14 of the act. in the absence of any such explanationn, it must be held that in february 1969 when the landlord needed additional accommodation for his growing children ..... both these facts are within the special knowledge of the landlord and the burden of proving them is, thereforee, on the landlord in view of section 106 of the evidence act. since no evidence can be adduced by the landlord except in accordance with his pleading, it is necessary, thereforee, that the landlord should make ..... and/or his family, and (2) the landlord has no other reasonably suitable residential accommodation.(2) the decision of this appeal by the tenant under section 39 of the act depends upon the correct construction of these two provisions and their inter-connection, on the following facts : 'thelandlord respondent is a grade iii central government .....
Tag this Judgment!Court : Delhi
Decided on : Dec-19-1973
Reported in : ILR1974Delhi63; 1974RLR233
..... point that survives for determination in this appeal, namely, whether the society is a public institution within the ambit of section 22 of the act. relevant provision of section 22 of the act envisage that where the landlord in respect of any premises is any public institution and the premises are required for the ..... institution, library, hospital and charitable dispensary. now the question for determination is whether the society is public institution within the meaning of section 22 of the act. explanationn to this section without doubt shows that the definition is illustrative and not exhaustive. it thereforee, cannot be said that only an educational institution, library, ..... hospital and charitable dispensary can be said to be a 'public institution'. the term 'public institution' used in section 22 of the act is in a generic sense.(48) the society claimed the possession of the premises in question for the furtherance of its activities as a public .....
Tag this Judgment!Court : Delhi
Decided on : Nov-16-1973
Reported in : [1974]44CompCas347(Delhi); ILR1974Delhi571
..... article 7 permitting arrears of dividend, whether earned declared or not, up to the commencement of the winding up being paid in priority to the equity shareholders. section 205 of the act applies obviously only to a company as a going concern but not to one in liquidation; i have not been able to find any other provision of the ..... the prescribed rates as per the said articles of association in priority to the ordinary shareholders. the contention on behalf of the company is that as per section 205 of the act no dividend shall be paid or declared by the company for any financial year except out of the profits of the company for that year arrived at after ..... by the liquidator, shri v. rajaraman, on a request made to him, at a general meeting held on 18-9-1971, to apply to this court under section 518 of the act, referring the controversy between the company and some of the preference shareholders as to whether the latter are entitled to payment of dividend as per the articles of association .....
Tag this Judgment!Court : Delhi
Decided on : Dec-20-1973
Reported in : ILR1974Delhi282
..... in consequence, it is contended, that the central government has no power or jurisdiction to ask the petitioner company to get itself registered under section 26 of the monopolies act, or threaten prosecution as is evident from a reading of the impugned notices dated november 1, 1971 and december 29, 1971. the contention ..... assets of inter-connected companies which had to be taken into account in forming an opinion whether the said companies were liable for registration under section 26 of the monopolies act. (10) in paragraph 13 of the return justification was given to consider two brothers being managing directors of two different companies being regarded ..... so, a writ of prohibition should issue under article 226 of the constitution of india restraining the central government from prosecuting the .petitioners under section 48 of the monopolies act on the basis of the opinion formed on material disclosed in the administrative enquiry and the return filed in the present writ petition. (41) .....
Tag this Judgment!Court : Delhi
Decided on : Feb-23-1973
Reported in : ILR1973Delhi984; 1973RLR597
..... not a question which could have been challenged by the respondent before the revenue assistant under any of the provisions of the delhi land reforms act, 1954. section 185 of that act does not thereforee bar this suit. the order vesting the land in the gaon sabha could only be set aside by moving the civil courts ..... illegal and without jurisdiction and against the proprietory interest of the plaintiff. it was further averred that the plaintiff 'is entitled to bhumidari rights under section 11 of the act or entitled to remain in possession and enjoyment of the suit land as proprietor thereof'. (52) the allegations in the plaint were that the plaintiff ..... assistant, delhi, was wrong, illegal, without jurisdiction and against the interest of the plaintiffs who claimed that they 'are entitled to bhumidari rights under section 11 of the act or entitled to remain in possession thereof as proprietors.' the plaintiffs further alleged that they were in the possession of the suit land. the suit land .....
Tag this Judgment!Court : Delhi
Decided on : Feb-02-1973
Reported in : ILR1974Delhi35; 1973RLR266
..... fide because they have by their own action disabled themselves from using the rooms of nanak chand and shanti for the purposes of their residence contrary to section 19(2) of the act. they must accept either the one or the other alternatives. they cannot have it both ways.(16) for the above reasons, the tenant's appeal ..... pendency of the proceedings. respondent no. 1 got possession of two rooms from nanak chand and shanti. he was bound to occupy them as his residence under section 19 of the act. but he converted them into a shop. (3) in the notice given by the landlords to the tenant appellant on 26-8-1967 the landlords alleged that ..... landlord withheld the water and electricity supplies of the tenant. on an application by the tenant under section 45 of the act, the said supplies had to be restored by the landlords. (6) there were also criminal proceedings between the parties under section 107 criminal procedure code.(4) in the first appeal, however, the rent control tribunal was of the view .....
Tag this Judgment!Court : Delhi
Decided on : Sep-24-1973
Reported in : ILR1974Delhi117
..... the house of lords in cairncross v. lorimer (1860) 7 jur. n.s. 149 (13) was approved by the judicial committee. the doctrine is contained in section 115 of the evidence act.(40) as long ago as 1876 sir james colvile delivering the judgment of the privy council said : 'onthe whole, thereforee, their lordship think that the appellant, ..... award being filed into court as a compromise or adjustment of the suit under o. xxiii, r. 3, code of civil procedure as is provided by section 47 of the arbitration act. this is the rule enunciated in these authorities. the fact of this case are, however, different and, thereforee, the principle as enunciated these authorities is ..... instituted suit for rendition of accounts in the court at jullundur against k. narendra and his son. in that suit k. narendra moved an application under section 34 of the arbitration act which was decided against him. k. narendra preferred an appeal to the high court of punjab and haryana.(7) on these facts coming to the knowledge .....
Tag this Judgment!Court : Delhi
Decided on : Mar-09-1973
Reported in : 1974CriLJ100; 9(1973)DLT324; 1973RLR302
..... it is a matter which will be within the competence of the central government to decide. if that be so, till such a decision is made under citizenship act, no prosecution under section 14 could be launched, as laid down by the supreme court in. state of u.p. v. rahmatullah, : 1971crilj1103 . for the moment as already observed ..... if article 7 is attracted in the case of the respondent he would be a foreigner within the meaning of the term as defined by clause (a) of section 2 of the foreigners act, 1956. so, reference to the decision of the supreme court m the state of andhra pradesh v. abdul khader, : 1961crilj573a , or the subsequent decision ..... is an appeal by the state (delhi administration) against the order of acquittal passed by the trial magistrate in favor of the respondent who was prosecuted under section 14 of the foreigners act, 1946. the charge was that he being a. national of pakistan was found overstaying in india without any permission or valid passport. originally, the appeal .....
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