Court : Delhi
Decided on : May-26-1989
Reported in : AIR1990Delhi159; 39(1989)DLT70; 1989(17)DRJ187; 1989RLR546
..... reluctant to part with the said premises on rent because of the long delay and the procedure that had to be followed to recover possession of those premises.section 21 of the rent act was an attempt to meet that reluctance.'12. now, if the object of enacting s. 21 was to induce the reluctant and potential landlord to create tenancies then ..... judgment of the supreme court in inder mohan lai's case : [1987]3scr765 (supra) as follows (at pp. 1988-89 of air):'the rent acts all over the country came in the wake of partition and explosion of population in metropolitan and new urban cities. there are acute; shortages of accommodation. very often these shortages and the demand for accommodation led to .....
Tag this Judgment!Court : Delhi
Decided on : Oct-04-1989
Reported in : 41(1990)DLT212
..... case the lt. governor is not exercising any appellate powers. in any case, the lt. governor can effectively exercise his statutory powers. under section 4 of the police act, either himself or through another police officer, but no one else.(36) it was also submitted by shri malik that the effect of issuing ..... of control. direction or supervision, then the said power shall be exercisable by that superior officer subject to the superintendence of the administrator. section 64 of the delhi police act stipulates that superior police officer may himself perform duties which are imposed on a subordinate officer.. a superior officer, if exercises any duties ..... police under the provisions of criminal procedure code. is not subject to any superintendence.the power of superintendence is, in our opinion, expressly contained in section 4 of the delhi police act. which reads as follows :4.the superintendence of the delhi police throughout delhi shall vest in, and be exercisable by the administrator and .....
Tag this Judgment!Court : Delhi
Decided on : Nov-17-1989
Reported in : 40(1990)DLT251
..... is implicit in the recital in the control orders that they were being made under s. 3 of the act that the central government had formed the requisite opinion within sub-s. (1) of that section. this disposes of the first four contentions.'this contention of the petitioners, thereforee, has to be negatived. ( ..... immersion water heater by the electrical appliances sectional committee. his argument was that plugs,sockets and switches were electrical wiring accessories and thus were not accessories of electrical appliances. he also referred to sub-heading (6) of heading no. 5 of the first schedule to the industries act which is : electrical cables and ..... into account and to this extent the proposed draft is modified from the original international standard. the preliminary draft is examined critically by the concerned sectional committee of the bureau of indian standards consisting of experts in the related area of technology and representatives of all concerned interests, for required changes/ .....
Tag this Judgment!Court : Delhi
Decided on : Nov-02-1989
Reported in : 40(1990)DLT293; 1990(18)DRJ112; 1990RLR33
..... the marriage but are given after the performance of the marriage even then such person taking such dowry would be deemed to have committed offence punishable under section 3 of the act. similarly, even though the dowry items demanded prior to the marriage as consideration for the marriage are not given at all, even then the offence stands ..... was repeated even after the marriage however, the complaint filed in that case was beyond limitation even from the date when the fresh demand of dowry was made. section 4 of the act reads as follows : 'if any person, after the commencement of this, demands, directly or indirectly, from the parents or guardian of a bridge or bridge ..... the matrimonial house, then on the face of it. the complaint filed being well within one year from that date is not barred by limitation.(6) section 2 of the unamended act defined 'dowry' as any property or valuable security given or agreed to be given either directly or indirectly... ...... at or before or after the marriage .....
Tag this Judgment!Court : Delhi
Decided on : Dec-11-1989
Reported in : 1990(26)ECC1; 1990LC17(Delhi); 1990(47)ELT297(Del)
..... union of india v. cibatul limited : 1985(22)elt302(sc) , the supreme court laid down the test for deciding who are related persons for the purposes of section 4(4)(c) of the act. the test is, whether the goods are manufactured by the seller or are manufactured by the seller on behalf of the buyer. the supreme court further held that ..... describe the petitioners as sellers and m/s. modi rubber ltd. as the buyer in this judgment. 3. the question as to who are 'related persons' within section 4(4)(c) of the act and what is the value at which the excise is livable where brand name of the other establishment is used, are no more rest integra. they are concluded ..... the petitioners is that the assistant collector was wrong in clubbing them with m/s. modi rubber ltd., as they are not related persons within the purview of section 4(4)(c) of the act. they further submit that since they are not related persons, the price at which the excise duty can be levied on the flaps is the price at .....
Tag this Judgment!Court : Delhi
Decided on : Nov-16-1989
Reported in : 1990CriLJ939; 1990(18)DRJ218
..... declaration, statement or document is false in any material particular. the learned counsel for the petitioner has pointed out that the declaration referred to in section 132 of the customs act has a special meaning and such a declaration has to be made by a person at the time of getting the goods released from the customs ..... & another v. stale of punjab, : 1970crilj750 . section 132 of the customs act reads as follows :- 'false declaration, false documents, etc.-whoever makes, signs or uses. or causes to be made, signed or used any declaration, statement or document ..... petitioner inasmuch as the petitioner had not actually attempted to take delivery of the said goods from the customs authorities. he has also argued that offence under section 132 of the customs act is also not made out. he has placed reliance on union of india & others v. khatil kecherim 1970 cri. l.j 147 and malkiat singh .....
Tag this Judgment!Court : Delhi
Decided on : Nov-21-1989
Reported in : 1990CriLJ1591; I(1990)DMC416
..... petitioners would be, in my view, deemed to have committed again an offence under s. 4 of the act when the demand was repeated. i am not laying down that the offence contemplated under section 4 of the act is a continuing offence but what i am emphasising is that every demand of dowry whenever repeated constitutes another offence and thus, the ..... dates of commission of the offence under section 4 would be when the demand was made initially and also when the said demand was repeated afresh. the wording of s. 4 of the act does not make the demand as an offence which has been made only prior to the marriage. ..... government may, by general or special order, specify in this behalf.' 9. a perusal of the aforesaid section shows that the demand of dowry itself is an offence. of course, that demand must be dowry items as understood by s. 2 of the act. in the present case, it is true that a demand was made regarding the dowry items as .....
Tag this Judgment!Court : Delhi
Decided on : Aug-21-1989
Reported in : 1989(17)DRJ170
..... case where there has been seizure of goods this notice has to be given within 6 months of the seizure but under the proviso to sub-section (2) of section 110 of the customs act 1962, the period of 6 months may, on sufficient cause being shown, be extended by the collector of customs for a period not exceeding ..... s.i. jinder singh and mr. rajesh yadav are important witnesses to the two separate incidents under inquiry. their testimony directly affects the lawyers falling under section 8b of the act and the dba. purpose of cross-examination is to test their statements given in examination-in-chief and if necessary to destroy them. cross-examination is a ..... be liable for contempt of court if it proceeded to inquire into matters referred to it by the government notification. in appointing a commission of inquiry under section 3 of the act and in making the inquiry contemplated by the notification, the commission is performing its statutory duty. reference was also made to a bench decision of the .....
Tag this Judgment!Court : Delhi
Decided on : Nov-15-1989
Reported in : [1991]72CompCas5(Delhi)
..... assets of the company, but when the assets of the company come under the control and custody of the company court in chamber under section 456 of the act, then section 29 of the said act has no application. reference has been made to mysore surgical cottons (p.) ltd. (in liquidation) v. karnataka state financial corporation [1988 ..... to that conclusion or unless such intention was expressed with irresistible clearness. having regard to the circumstances under which the amendment was inserted in section 232(1) by act 22 of 1936 and also having regard to the context we are not prepared to hold that the legislature in inserting that amendment intended to ..... to adopt the narrower interpretation to those words of the amendment rather than an interpretation which would have the contrary effect.' 63. section 232 of the indian companies act, 1913, is identical to section 537 of the act, which is reproduced as under : '(1) where any company is being wound up by or subject to the supervision of .....
Tag this Judgment!Court : Delhi
Decided on : Dec-15-1989
Reported in : ILR1990Delhi16; 1990RLR112
..... the view expressed in the case of jagdish pershad (supra) and hold that the controller has no power to condone the delay either taking resort to provisions of section 5 of the limitation act or to provisions of order xxxvii rule 3(7) of the code of civil procedure. as discussed above, there is clear intendment of the parliament not to confer ..... in time may entertain such an appeal even after the expiry of the stipulated period. (6) now coming to chapter iii-a, it may be noticed that section 25-a of the act gives an over-riding effect to the provisions of this chapter as it has been mentioned therein 'the provisions of this chapter or any rule made there under ..... for a period of one year for moving an application for refund from the date of such payment. no similar proviso has been incorporated in this section. section 19 of the act pertains to relief for recovery of possession or re-entry by the tenant and it lays down that a tenant can move an application for getting back the premises. if .....
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