Court : Delhi
Reported in : 1970CriLJ221; ILR1968Delhi353
..... members, did nto tantamount to shri bakhat singh sethi having a financial interest in the sale of an article of food within the meaning of the proviso to section of the act. he says that it is also in evidence that shri bakhat singh sethi had resigned from the membership of this society immediately thereafter and that in september, 1965 ..... of the code deals with the report of a chemical examiner. subsection (1) of this section provides that any document purporting to be a report of the chemical examiner or assistant chemical examiner to government or the chief inspector of explosives or the director of finger print bureau or an officer in the mint, may be used as ..... evidence in any enquiry. sub-section (2) of this section then gives a right to the parties to apply to the court to summon and examine .....
Tag this Judgment!Court : Delhi
Reported in : AIR1970Delhi261
..... the plea of the respondent was that short delivery was due to defective packing and the railway administration was not responsible for shot delivery under section 77-c of the indian railways act. that section reads:-'(1) when any goods tendered to a railway administration to be carried by railway - (a) are in a defective conditin as ..... (g) natural deterioration on or wastage in bulk or weight due to inherent defect, quality or vice of the goods, (h) latent defects, (i) fire, explosion of any unforeseen risk; provided that even where such loss, destruction, damage, deterioration or non-delivery is proved to have arisen from any one or more of the ..... knowlege of the servants of the railway administration. in the circumstances of the case the respondent was not absolved from responsibility for shot delivery under section 77-c of the indian railways act.15. the trial court had placed reliance on sarjug prasad ishwar purbey v. union of india. : air1960pat571 . that case is distinguisbale from .....
Tag this Judgment!Court : Delhi
Reported in : ILR1971Delhi477; [1972]85ITR261(Delhi)
..... 1937) 56 c.l.r. 290 the high court of australia had arrived at the same conclusion on similar facts when construing the narrower wording of section 25(e) of the income-tax act assessment act, 1922-32, wholly and exclusively laid out or expanded for the production of assesable income.' (12) the case of southern v. borax consolidated ltd ..... board. similarly with regard to the amounts spent on the experiments in coal dust, it was explained that the experiments were made on the explosive properties of coal dust at the instigation of home secretary who wished certain experiments made before embarkine; on new legislation. it was a voluntary and very proper ..... by the textile commissioner under the cotton cloth and yarn (control) order. 1945. the company filed a petition in the madras high court: under section 45 of the specific relief act for an order directing the provincial textile commissioner to desist from seizing the yarn. the petition was dismissed and the company's appeal there from .....
Tag this Judgment!Court : Delhi
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
Reported in : 11(1975)DLT124
..... minimum right to receive the agreed rent, lawful increase of it and to evict the tenants who may be guilty of misconduct within certain circumscribed limiteds. (12) section , of the act provides for the control of eviction of tenants and sets out the grounds on which a tenant may be evicted from the tenanted premises. clause (e) of ..... of the second world war because of increasing pressure on urban land. the situation was further aggravated in the years that followed on account of the incrasing poouiation explosion and the consequent pressure of population on the urban areas and the irflux of large number of displaced persons from the territories, now forming part of pakistan, ..... of fact and the courts below having returned a concurrent finding on these questions against the tenant, it was not open to this court under section 39(7) of the act to consider the correctness of such a finding. this objection appears to me to be unsustainable because the question whether the premises are bona fide .....
Tag this Judgment!Court : Delhi
Reported in : ILR1975Delhi96
..... person against whom the proceedings for eviction had been initiated was in position of a tenant. thus, any order passed by the controller, either under section 15 or other sections of the act, assumes that the controller has the jurisdiction to make the order, i.e., to determine the issue of relationship. in this case, when the ..... second world war because f increasing pressure on urban immovable property. the situation was further aggravated in the years that followed on account of the increasing population explosion and the influx of large number of displaced persons from the territories now forming part of pakistan, in the wake of the partition of india and the ..... questions raised by the tenant with regard to the maintainability of the petition, the alleged abatement of rent etc. before making an order under sub-section (1) of section 15 of the act.(35) in the peculiar circumstances of the case, there would be no costs.(36) the records be transmitted to the addl. rent controller. the .....
Tag this Judgment!Court : Delhi
Reported in : ILR1975Delhi233
..... in possession of means to find alternative accommodation. the question of burden of proof is dealt with in chapter vii of the evidence act beginning with section 101. the relevant section in this respect is section 106 which lays down that when any fact is especially within the knowledge of any person, the burden of proving that fact is ..... back to him (the landlord) at any time. thereafter. to fully deal with this aspect it seems necessary to read the relevant sections of the evidence act, namely, sections 101, 102, 103 and 106 of the evidence act. they are: '101.whoever desires any court to give judgment as to any legal right or liability dependent on the existence of ..... owners for failure to load ; the owners pleaded frustration of the contract by reason of the destruction of the ship owing to an explosion. the question of fact for determination was whether the explosion had been caused by the fault of the owner, but the evidence was scanty on this question. the house of lords held that .....
Tag this Judgment!Court : Delhi
Reported in : ILR1975Delhi628
..... and acquisition by the appellant of other residential premises, being grounds covered by clauses (b) and (h) respectively of the proviso to sub-section (1) of section 14 of the act. both the grounds of eviction prevailed with the additional rent controller as well as the rent control tribunal and this aspect of the matter, thereforee ..... the second world war because of increasing pressure on urban immovable property- the situation was further aggravated in the years that followed on account of increasing population explosion and the influx of large number of displaced persons from the territories, now forming part of pakistan, in the wake of the partition of india and ..... supra) (7) were distinguished on the ground that the relevant provisions that fell for consideration in those cases contained non-obstante clause which was absent in section 12 of the bombay act. their lordships, however, hastened to add with reference to the case of hem chand (supra) (7) that 'it is unnecessary for us to .....
Tag this Judgment!Court : Delhi
Reported in : ILR1975Delhi868
..... other law relating to contempt. power has been given to the supreme court and high courts to make rules relating to procedure which arc not inconsistent with the act (section 23). (18) there is a plethora of cases on the subject. we were taken more fully through the latest pronouncement of the supreme court in baradakanta mishra ..... do so substantially) and thus weakens the authority of law and order. there is little substance in the argument for the respondent that unless the alleged contempt is explosive or leads to actual revolt there is no substantial interference with the course of justice- (57) we held the respondent guilty of contempt as charged. (58) ..... when the imputation has reference to the adjudicatory functions of a judge in the seat of justice. all the three subclauses (set out above) of section 2(c) of the act, it was explained,. deal with contempt in terms of obstruction of or interference with the administration of justice; the courts have multifarious functions to perform, .....
Tag this Judgment!Court : Delhi
Reported in : 13(1977)DLT52; 1977RLR73
..... a truly egalitarian social order. (3) among the grounds which could justify the eviction of a tenant was clause (e) of proviso to sub-section (1) of section 14 of the act, according to which the tenant may be evicted from the premises 'let for residential purposes' if such premises were 'bona fide' required by the ..... the ground that the owner landlord bona fide required the premises in terms of clause (e). to achieve the last two objects section 14a and sections 25a, 25b and 25c were added to the act. section 14a conferred on a landlord the right to evit a tenant, if, being a person in occupation of any residential premises ..... act is a part of the rent control legislation enacted in delhi, as indeed in the rest of i he country, to deal with an extraordinary situation that arose soon after the outbreak of the second world war because of increasing pressure on urban immovable property. the situation was further aggravated in the years that followed on account of increasing population explosion .....
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