Court : Delhi
Decided on : Nov-27-1973
Reported in : 1974CriLJ1363
..... pending actions and prosecutions could not be proceeded with after the repeal of the law under which they were started. this rule was, however, changed by the interpretation act of 1889, section 38 ... with every respect to the great judges who administered the common law in england (like tindal, c. j.) during the earlier period of british history and ..... for the appellant is correct and must be accepted. this court pointed out in c.s.d. swamy v. the state : 1960crilj131 , that sub-section (3) of section 5 of the prevention of corruption act, 1947, does not create a new offence but only lays down a rule of evidence.... it appears to us that the learned special judge and ..... with and an accused can be punishable for violation of that law even after the commencement of the constitution. but, argued shri garg, the effect of the repeal of section 5 (3) by act no. 40 of 1964, as contrasted with the effect of article 13 (1) of the constitution, was retrospective. the words 'as if' used by tindal, c .....
Tag this Judgment!Court : Delhi
Decided on : Jan-22-1973
Reported in : 9(1973)DLT311
..... upon the realisation of the decretal amount at once as was cantemplated by the mortgage deed, this amounted to giving of time within the meaning of section 135 of the contract act with the result that it would discharge the surety from his obligation under the deed. i would, thereforee allow the appeal set aside-the order of ..... company, (thus to substitute for payment in one sum payment by installments amount to a giving of time) were held to be what was contemplated by section 135 of the contract act. the argument of the counsel for the respondents that by allowing the defendant to pay the decretal amount in installments merely amounts to forbearance within the meaning ..... rime was given to the judgment-debtor. if, as i held that by this compromise time was given to the judgment-debtor, it will immediately attract section 135 of the contract act and would lead to the dicharge of the surety- appellant. there is no suggestion that the appellant had ever assented to such a contract. a reference .....
Tag this Judgment!Court : Delhi
Decided on : Oct-19-1973
Reported in : ILR1974Delhi566
..... a monthly rent of rs. 70.00 per month. respondent 1 applied to respondent 2 on february 10, 1971, under clause (a) of sub-section (1) of section 19 of the slum areas act for permission to institute proceedings for eviction of the petitioner from the aforesaid tenancy premises on the ground that the said premises was required bona fide by ..... ashok kumar v. competent authority, civil writ petition no. 896-d of 1966(2), decided on august 14, 1968, the power of the competent authority under section 19(3) of the slum areas act to hold such summary inquiry as it thinks fit includes the power to summon witnesses and documents. v. s. deshpande, j., who spoke for the court, ..... that it has no jurisdiction or power to summon respondent 1 for cross-examination. it is true that the competent authority in exercising its jurisdiction under section 19 of the slum areas act is not a court in the strict sense of the term, and the provisions of the code of civil procedure are not in terms attracted, as .....
Tag this Judgment!Court : Delhi
Decided on : Feb-15-1973
Reported in : 9(1973)DLT242; 1973RLR479
..... the landlord for institution of a proceeding for the eviction of the tenant. as observed by the supreme court under somewhat similar circumstances in the context of section 171 of the companies act, 1913 in bansidhar shankarlal v. mohd ibrahim, in paragraph 7, 'the suit of proceeding instituted without leave of the court may, in our judgment, ..... the supreme court in the light of the statutory provisions construed therein, i am of the view that they are not applicable to the construction of section 19 of the slums act with which i am concerned in the present case. my reasons are as follows : firstly, the permission granted by the discrict magistrate in bhagwan ..... parte against the tenant. the landlord instituted a proceeding for the evelction of the tenant before the rent controller under the proviso to sub-section (1) of section 14 of the delhi rent control act, 1958. but subsequently on 5 may, 1970 the competent authority set aside the said ex-parte order granting permission on the ground .....
Tag this Judgment!Court : Delhi
Decided on : Aug-17-1973
Reported in : AIR1975Delhi77; 9(1973)DLT386
..... the opinion that the matter needs to be decided by the supreme court. it may further be noticed that the interpretation of the word 'judgment' under section 10(1) of the act was given on the particular facts and the historical background of this area and the interpretation of this is applicable only within the jurisdiction of delhi and ..... uptill then. we also held that section 10(1) of the act was not meant to provide for an appeal against the order which has never been held appealable in this territory before. we consequently finally held that ..... accept the contention of the appellant that the test given in various decisions under the letters patent should be applied to interpret the word 'judgment' in section 10(1) of the act is to impute illogical intention to the legislature and suggest that it wanted to create confusion and conflict in this area which had been free from it .....
Tag this Judgment!Court : Delhi
Decided on : Oct-19-1973
Reported in : AIR1975Delhi36
..... on a monthly rent of rs. 70/- per month. respondent 1 applied to respondent 2 on february 10, 1971 under clause (a) of sub-section (1) of section 19 of the slum areas act for permission to institute proceedings for eviction of the petitioner from the aforesaid tenancy premises on the ground that the said premises was required bona fide by ..... ashok kumar v. competent authority, civil writ petition no. 896-d of 1966 decided on august 14, 1968 (delhi) the dower of the competent authority under section 19(3) of the slum areas act to hold such summary inquire as it thinks fit includes the power to summon witnesses and documents. v. s. deshpande, j., who spoke for the court, ..... terms attracted as held by v. s. deshpande, j. in mohinder singh v. competent authority, : air1974delhi219 . it is also true that inquiry by the competent authority under section 19 of the slum areas act is of a summary nature. but. as held by a division bench of this court (i. d. dua, c. j. and v. s. deshpande. j.) in .....
Tag this Judgment!Court : Delhi
Decided on : Oct-29-1973
Reported in : 1974RLR142
..... c. w. no. 896-d of l9h6, decided on 14.8.1968 the power of the competent authority under section 19(3) of the slum areas act to hold such summary inquiry as it thinks fit includes the power to summon witnesses and documents and that without ..... to summon respondent 1 for cross- examination. it is true that the competent authority in exercising its jurisdiction under section 19 of the slum areas act is not a court in the strict sense of the term, and the provisions'of the code of civil procedure ..... ., are inapplicable to the proceedings before it. that the proceedings under section 19 of the slum areas act are of a summary nature and aii that is required under the section is to give to the parties an opportunity of being heard, and the nature ..... judgment is :- at the reasons given by the competent authority in the impugned order are that the competent authority under the slum areas act does not function as a court and, thereforee, the provisions of order 19 rules 1 and 2 of the c. p. c .....
Tag this Judgment!Court : Delhi
Decided on : Feb-28-1973
Reported in : 10(1974)DLT52
..... of power. the said provision was given effect to by the addition of entry no. 18-a to the first schedule to the central excise and salt act, 1934, (herein to be called 'the act') the petitioners, however, contend that at the time of discussion of the bill in parliament the then finance minister in his speech on the budget proposal of .....
Tag this Judgment!Court : Delhi
Decided on : Jul-24-1973
Reported in : ILR1973Delhi759
..... there is nothing to show that the settlement was a settlement between the company and all its creditors. in fact, it was not a decision under section 391 of the companies act and was not a scheme. it was only an application concerning the company and the petitioners and supporting creditors before the court. such a settlement has ..... and directed to be heard as preliminary issues. the following issues were framed: '1. whether the present application for the relief claimed is maintainable under section 439(8) and section 391 of the companies act read with rule 101 of the companies (court) rules, 1959 and order i rule 10 civil procedure code 2. whether the petition is supported by a ..... read with rule 101 of the companies (court) rules and order i, rule 10 and section 151 of the code of civil procedure as well as section 391 of the companies act. this is an application by smt. sushila devi, smt. ganga devi and shri inder kumar marntani directed against m/s. basakha singh & co. (p)ltd. and the .....
Tag this Judgment!Court : Delhi
Decided on : Apr-06-1973
Reported in : 9(1973)DLT529
..... petitioners lastly urged that the notification amending the rate of terminal tax on item no. 16 of class i of tenth schedule of the act has not been placed before parliament. but section 479 of the act requires only the rules to be placed before parliament. it does not reqwire the notification amending the rates of terminal tax on the items ..... in chandra pal singh v municipal board of jahangira bad, the transit pass rules authorising the levy of toll or octroi were framed under section 396 of the u. p. municipalities act, 1961. though the act was silent as to the levy of these imposts the rules authorised the levy and the levy was held to be valid by a learned ..... ltd. v. state of rajasthan however, it was recognised that the power to make. such rules was derived under section 6 read with section 112 of the factories act (per wanchoo c. j. and modi.j.), since, however, no reference to section 6 is made in the supreme court decision, it cap be taken to be an authority for the proposition that .....
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