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 : 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 : Jan-10-1973
Reported in : (1974)IILLJ243Del
..... next relied upon between state of bombay v. krishnan (k.p.) : (1960)iillj592sc . in that case the supreme court while examining the scope of section 12(5) of the act observed ;it may for instance be open to the government in considering the question of expediency to enquire whether the dispute raises a claim which is very ..... march, 1960. in april, 1960 he filed a writ petition which he withdrew in july, 1961, reserving liberty to file an application for reference under section 10 of the act. it was accordingly observed by the court that if the government had taken into consideration the various events that preceded the presentation of the application dated the ..... that the support given by the union to the cause of the workman would not vest the dispute with the character of an industrial dispute,23. section 2k of the act defines an industrial dispute which means any dispute or difference between the employee and the employer or between employer and workmen or between workmen and workmen .....
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 : Jan-17-1973
Reported in : ILR1973Delhi747
..... that the commission as originally appointed by the resolution dated august 22, 1970 was not a commission appointed in exercise of powers under section 3 of the act notwithstanding the reference therein to the act. thereforee, it appears to us that the resolution dated august 22, 1970 cannot be said to be a resolution issued in exercise ..... stated before the commission in february and march, 1972 that the appointment of the commission had not been made under the act but was by way of an executive act and as such section 3 of the act was not applicable but this statement was not adhered to as on march 30, 1972 it was stated that the ..... has been raised is that the commission, not having been duly appointed under section 3 of the act by a proper notification, is not a commission within the meaning of the act. the appointment of a commission under the act is provided by section 3. sub-section (1) of section 3 without its proviso which is not material says:- 'theappropriate government may .....
Tag this Judgment!Court : Delhi
Decided on : Jan-22-1973
Reported in : ILR1973Delhi803
..... understanding of what the french court itself had done in this particular case and what we consider is the legal position to be gathered from sections 20 and 21 of the act. (43) section 31 ofthe indian act deals with the situation, the obverse of the present one, as to what the indian courts would do when a prisoner is to ..... other than for which his surrender had been granted. (30) r v. aubrey-fletcher, ex parte ross-munro 1968 1 all er 993 held that section 19 of the extradition act of 1870 was not directed to procedure or evidence but to jurisdiction; provided that the crimes with which the prisoner was charged were the offences for which ..... the charge of fraudulent conversion based upon the facts contained in the information upon which the claim for extradition was based. the contention put forward was that section 19 of the act was not abrogated by article iv of a treaty of extradition made between england and france which prohibited the trial of such person for any offence other .....
Tag this Judgment!Court : Delhi
Decided on : Jan-22-1973
Reported in : 1974CriLJ572; 1973RLR259
..... of the central food laboratory under s. 13 contains factual date in respect of the the articles sent for analysis or test. under the proviso to section 13(5) of the act, the finality or conclusivences is thus attributed to these facts stated in the certificate of the director. it would be then for the court to determine, ..... the accused can also be held guilty of the offence of having sold mis-branded articles of food as that is also offence under section 7/16 of the prevention of food adulteration act, 1954. it is alternatively submitted that the article is in any case adulterated according to the report of the central pood laboratory because ..... for sale from which two samples had been purchased for analysis which were found to be adulterated : which showed the commission of an offence under section 7/16 of the prevention of food adulteration act, 1954. (2) at the trial, the accused made an application for sending the samples for exmination by the central food laboratory, calcutta. .....
Tag this Judgment!Court : Delhi
Decided on : Jan-22-1973
Reported in : AIR1974Delhi114; 1973RLR430
..... endorsement no. 10. as such it is also a party to the arbitration agreement and is entitled to enforce the same by a petition under section 20 of the arbitration act or otherwise. the findings of the courts below are thereforee maintained and the revision petitions are dismissed, but in the circumstances of the case, the ..... and that consideration must move from the plaintiff, so far as the second proposition is concerned, the definition of consideration in indian law contained in section 2(d) of the contract act is different and reads as follows: -'when at the desire of the promisor, the promiseor any other person has done or abstained from doing, ..... in some cases the insurance company moved the court below under a petition under sections 32 and 33 of the arbitration act for determination of the question raised in the revision. some other proceedings were initiated on applications under section 8 of the arbitration act for appointment of an arbitrator. all these cases have been decided by -two .....
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 : Jan-24-1973
Reported in : 1973RLR403
..... the provisions of s.20 of the code of civil procedure. (6) it appears to me that the contention of respondent no. 1 must prevail. section 8, 9, 10, 11 and 20 of the arbitration act merely provi- de for the institution of certain proceedings and for making of directions by a court having jurisdiction in the matter to which the reference ..... s. 2(c) and 31 the judgment proceeds) (7) it is clear on a reference to the provisions to section 2(c) and of section 31 of the arbitration act that the court which would have jurisdiction to entertain the proceedings under the arbitration act would be the court which would have jurisdiction to decide questions forming the subject-matter of the reference, that ..... h.l. anand, j. (1) this is a petition under section 8, 9, 10, 11 and 20 of the arbitration act. (2) the facts are not in dispute and may be briefly stated. on or about august 25, 1970, defendant no. 1 entered into an agreement of lease with the petitioner .....
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