Court : Delhi
Decided on : Mar-02-1973
Reported in : AIR1974Delhi58
..... the fact whether in the case of deputy mayor. the writing reaches the mayor or not. it seems to us that no assistance can be derived from section 38(3) or section 48(2) of the act. section 33(1)(b) says that if a member resigns the seat by writing addressed to the mayor and delivered to the commissioner. his seat shall. thereupon ..... repagination on 13-8-1955. it was this action of the district magistrate which was challenged before the full bench. the relevant provision in the u. p. town area act was section 8(a)(5) which provided that if the chairman wishes to resign he shall forward his resignation in writing to the district magistrate and h1 shall be deemed to have ..... accept a resignation was nullity. reference was also made to sharnsuddin v. state of raiasthan. air 1952 rai 531 and the queen v. the mayor and town council of wigan 1884 14 q. b. d. 9081 pease v. lowden 1899 1 q. b. 386 and it was held that these cases were of no assistance. the third learned judge also did .....
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 .....
Tag this Judgment!Court : Delhi
Decided on : Mar-22-1973
Reported in : AIR1974Delhi155; 9(1973)DLT429; 1973RLR406
..... the giving of a power-of attorney as contemplated by the explanationn. power-of-attorney is a special document which is defined in the indian stamp act by subsection (21). of section 2 as including any instrument (not chargeable with a fee under the law relating to court-fees for the time being in force) empowering a ..... (2) the said mortgage deed relating to the properly situated in connaught circus. new delhi, is not liable to payment of any stamp duty under section 147 of delhi municipal corporation act of 1957.'the authority disposed of this application by its order dated february 20,1968. the authority was of the opinion that it was not bound ..... 29th june, 1963 and inadvertently referred to the order of the then chief controlling revenue authority dated 14th september, 1968 as having been charged under section 147 of the municipal corporation act, 19'7 was legally payable.'(2) because of the conditional reference, p.s aggawal who is concerned with the reference had to file the above .....
Tag this Judgment!Court : Delhi
Decided on : Mar-22-1973
Reported in : ILR1973Delhi130b; 1973RLR461
..... to curb if to prevent further misery and ruination. to our mind, the situation does legitimately constitute a 'public emergency' as envisaged in sub-section (1) of section 5 of the act. it is not possible in the present complex state of our society, with action and interaction of diverse forces at work, to confine the concept ..... freedom from danger. (6) after hearing shri arora and shri bhandare, appearing for the respondents, we are unable to sustain these submissions. (7) section 5 of the act as amended by act 38 of 1972 reads as under :- 5.'(1) on the occurrence of any public emergency, or in the interest of the public safety, the central ..... 20) lastly shri daljit singh argued that the petitioner enjoying the facility of telephone under 'own your telephone' scheme was not a 'person licensed under this act' within the meaning of section 5(1) and, thereforee, temporary possession of his telephone could not be taken under this provision. we see force in this argument. (21) telephone instrument .....
Tag this Judgment!Court : Delhi
Decided on : Mar-23-1973
Reported in : AIR1974Delhi108; 9(1973)DLT352; 1973RLR331
..... balwant singh, respondent and the latter's sub-tenant raghubir singh, appellant, alleging violation of clauses (b) and (d) of the proviso to sub-section (1) of section 14 of the 1958 act. the rent controller by his order dated october 20, 1967 and in appeal the tribunal by his order dated october 10, 1968 found that the appellant sub ..... -tenant and, thereforee, from the sub-tenant, on the ground of non-occupation by the tenant.4. sub-section (2) of section 17 and sub-section (1) of section 18 which are relevant section 17(3) :- 'where, before the commencement of this act, any premises have been lawfully sub-let either in whole or in part by the tenant, the tenant or ..... status of a tenant and to claim protection from eviction in execution of a decree for eviction passed against the tenant on any of the grounds mentioned in section 14 of the act. the argument of anomaly which ahs been raised by mr. g.s. vohra, learned counsel for the appellant sub-tenant, cannot, thereforee be accepted. all .....
Tag this Judgment!Court : Delhi
Decided on : Mar-27-1973
Reported in : AIR1974Delhi105; 10(1974)DLT158; ILR1973Delhi452
..... against the respondents.6. before discussing the contentions of the parties, it will be useful to examine the scheme of the act concerning the patents. section 2 is the defining section. part i of the act deals with patents, section 3 provides that an application for a patent may be made by any person whether he is a citizen of india or ..... of the court where the respondent resides or carries on business, or where the subject-matter is located. this conclusion finds support from the provisions of sections 28 and 34 of the act.section 28 gives power to a high court to frame an issue and send it for before another high court or any district court on any question ..... taken in the second case by mr. justice kapur.11. a reference was also made to sister enactments such as the copyright act and the trade and merchandise marks act. section 62(1) of the copy right act provides that every suit in respect of the infringement of copyright in any work or the infringement of any other right conferred by .....
Tag this Judgment!Court : Delhi
Decided on : Mar-29-1973
Reported in : 9(1973)DLT475; (1974)IILLJ191Del
..... was referred to in indian airlines corporation v. sukhdeo rai, : (1971)illj496sc . but it can not be suggested that the regulations made by the commission under section 32 of the act are of the nature of internal bye-laws of a co-operative society or a private corporation. (19) these regulations, therfore, must fall in the former ..... attained the age of superannuation. volition of the parties was completely excluded thereby. the purported termination would be ultra virus statute 13(2) read with section 25 of the act. in civil writ 497 of 1970 miss ratna was a temporary employee of the institute. she was not confirmed even after the period of her probation ..... the power to terminate the service of an employee by a simple discharge. the power to terminate service exercisable under the statutes thus derives directly from section. 25 of the act itself. statute 13 lays down the terms and conditions of permanent employees. statute 14 refers to the terms of service of temporary employees. according to .....
Tag this Judgment!Court : Delhi
Decided on : Apr-03-1973
Reported in : ILR1973Delhi563; 1973RLR390
..... had not been given any notice of the divisibility of the portion of the property separately. bhola nath and wassu ram filed further revision petitions under section 33 of the act claiming that the portion of 72 to 74 and portion 69 to 71 were not capable of division and the whole of the property should be ..... by the rehabilitation authorities. khushi ram, bhola nath and smt. bago, appellants, and others filed appeals under section 33 of the act against the auction and the chief settlement commissioner by his order dated 5/20th july, 1956, decided that the properties have been made allotable under the rules. ..... july, 1968. this judgment will dispose of all the four l.p.as. (2) there is acquired evacuee property under the displaced persons (compensation and rehabilitation) act, 1954 (hereinafter called the act) bearing no. 373/69-71 and 72-74 ward no. vii, gali sarsawali, naya bans, delhi. this property was directed to be sold by public auction .....
Tag this Judgment!Court : Delhi
Decided on : Apr-05-1973
Reported in : AIR1973Delhi265; 9(1973)DLT267
..... it would have to be passed after bringing them on record. (22) death of the statutory tenant after the order for eviction is passed under the 1958 act : section 25 of the 1958 act provides as follows :- 'notwithstandinganything contained in any other law, where the interest of a tenant in any premises is determined for any reason whatsoever and any ..... or through someone other than the deceased tenant, then they cannot be evicted in execution of the order for eviction in view of the proviso to section 25. section 50(4) of the act of 1958 also reserves the final decision on title to a civil court. the controller has, thereforee, to decide whether a person has an independent ..... jurisdiction. for, the survival of the right to sue is governed by the general law. while the general law is stated in section 37 of the contract act and section 306 of the indian succession act, these provisions are not concerned with the form in which the right to sue survives and the procedure by which such a right .....
Tag this Judgment!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 .....
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