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 : Dec-21-1973
Reported in : 1974RLR267
..... the action of the municipal committee in this case seems to make the committee the final arbiter in this respect. this is unwarranted on a proper construction of section 193 (2) of the act. for example, if one considers the present case, and i ana making these observations without having the lease-deed before me, the lease may permit a ..... . in such cases, a no objection letter cannot be asked for by the committee. this seems to be the general position of the municipal committee under section 193(2) of the act. but this does not cover all the possible situations that may arise. there can be no blanket rules that an application for constructing a building on a ..... application without l&do;'s no objection is to be treated as incomplete.'(5) this resolution has two parts. firstly, the plans has been rejected by applying section 193(2) of the act; the second part is that future plans will be returned to the party concerned. if a no objection letter does not accompany the application. this part of .....
Tag this Judgment!Court : Delhi
Decided on : Dec-20-1973
Reported in : ILR1974Delhi282
..... in consequence, it is contended, that the central government has no power or jurisdiction to ask the petitioner company to get itself registered under section 26 of the monopolies act, or threaten prosecution as is evident from a reading of the impugned notices dated november 1, 1971 and december 29, 1971. the contention ..... assets of inter-connected companies which had to be taken into account in forming an opinion whether the said companies were liable for registration under section 26 of the monopolies act. (10) in paragraph 13 of the return justification was given to consider two brothers being managing directors of two different companies being regarded ..... so, a writ of prohibition should issue under article 226 of the constitution of india restraining the central government from prosecuting the .petitioners under section 48 of the monopolies act on the basis of the opinion formed on material disclosed in the administrative enquiry and the return filed in the present writ petition. (41) .....
Tag this Judgment!Court : Delhi
Decided on : Dec-20-1973
Reported in : ILR1975Delhi49
..... reproduce the aforesaid section, which is as follows :- 'whoeverdishonestly abstracts, consumes or uses any energy shall be deemed ..... could not be sustained under the said section. in support of the contention reliance was placed on avtar singh v. the state of punjab : 1965crilj605 . in that case the appellant was convicted under section 378 of the indian penal code . of having committed theft of electricity, as per provisions of section 39 of the indian electricity. act 1910. it would be relevant here to .....
Tag this Judgment!Court : Delhi
Decided on : Dec-19-1973
Reported in : [1974]44CompCas359(Delhi); [1974]95ITR229(Delhi)
..... some of the applications under the code of civil procedure and dealt with applications for which no period of limitation was provided elsewhere in the schedule to that act or by section 48 of the code of civil procedure in article 181. this article was in the following terms :'applicantfor which no period of limitation is provided else- ..... judge on issue no. 2 with regard to limitation and contended that on a true construction of the provisions of article 137 of the limitation act, 1963, and of section 30 of that act, the court ought to have held that the present petition was beyond the scope of the provision of article 137 and there was, thereforee, ..... group and while respondent no. 2 was in voluntary liquidation with respondent no. 3 as the voluntary liquidator, the liquidator proposed a scheme of arrangement under section 153 of the act of 1913 for the amalgamation of respondent no. 2 with respondent no. 1 and after the statutory meeting of the members had been held to consider the .....
Tag this Judgment!Court : Delhi
Decided on : Dec-19-1973
Reported in : AIR1974Delhi73; [1974]95ITR197(Delhi)
..... in other words, absence of uniformity itself might help defeat the measure. this is why presumptions were raised by clauses (a) and (b) of sub-section (2) of section 269-c of the act, namely:-(a) that if the fair market value exceeds the apparent consideration by more than 15 per cent., this shall be a conclusive proof that the consideration ..... till it is registered. it is only when there is a conflict between two buyer, and the priority between the two is to be' decided that section 47 of the registration. act may be invoked. in the present case, the conflict is between the state and the petitioner and the only question for decision is as to which is ..... government that the acquisition was for a public purpose which was deemed to be 'conclusive evidence that the land is needed for a public purpose' under section 6(3) of the land acquisition act, 1897, conflicted with the requirement of article 31(2) of the constitution that the acquisition must in fact be for a public purpose. the supreme .....
Tag this Judgment!Court : Delhi
Decided on : Dec-19-1973
Reported in : ILR1974Delhi617
..... rule. in other words, absence of uniformity itself might help defeat the measure. this is why presumptions were raised by clauses (a) and (b) of sub-section (2) of section 269c of the act, namely:- (a) that if the fair market value exceeds the apparent consideration by more than 25 per cent, this shall be a conclusive proof that the ..... effected till it is registered. it is only when there is a conflict between two buyers and the priority between the two is to be decided that section 47 of the registration act may be invoked. in the present case, the conflict is between the state and the petitioner and the only question for decision is as to which ..... government that the acquisition was for a public purpose which was deemed to be 'conclusive evidence that the land is needed for a public purpose' under section 6(3) of the land acquisition act, 1897, conflicted with the requirement of article 31(2) of the constitution that the acquisition must in fact be for a public purpose. the supreme .....
Tag this Judgment!Court : Delhi
Decided on : Dec-19-1973
Reported in : ILR1974Delhi63; 1974RLR233
..... point that survives for determination in this appeal, namely, whether the society is a public institution within the ambit of section 22 of the act. relevant provision of section 22 of the act envisage that where the landlord in respect of any premises is any public institution and the premises are required for the ..... institution, library, hospital and charitable dispensary. now the question for determination is whether the society is public institution within the meaning of section 22 of the act. explanationn to this section without doubt shows that the definition is illustrative and not exhaustive. it thereforee, cannot be said that only an educational institution, library, ..... hospital and charitable dispensary can be said to be a 'public institution'. the term 'public institution' used in section 22 of the act is in a generic sense.(48) the society claimed the possession of the premises in question for the furtherance of its activities as a public .....
Tag this Judgment!Court : Delhi
Decided on : Dec-14-1973
Reported in : ILR1985Delhi331; [1974]95ITR34(Delhi)
..... not exceeding 280 acres might make additional purchases of adjoining lands. the said act was repealed subject to a saving provision by the crown lands act, 1884, which, like the act ' of 1861, provided for additional conditional purchases, hut section 22 of the act of 1861 had no counter part in the latter act, there being no provision relating to the conditional purchase of adjoining lands by ..... a holder in fee simple of lands granted by the crown. section 2 of the act of 1884 under which the former .....
Tag this Judgment!Court : Delhi
Decided on : Dec-14-1973
Reported in : AIR1975Delhi13; 1974RLR177
..... remainder, 'means', think, must have no less wide a connotation'.(8) it seems to us that the expression 'the means' as used in clause (a) of sub section (4) of section 19 of the act, can generally speaking be equated with the resources at the disposal of a tenant or what he is getting or can fairly be assumed likely to get irrespective ..... . in om parkash v. lachhman dass 1972 d.l.t. 382 observed that the means of the tenant is a material factor to be taken into consideration under section 19(4) of the act and it could not be assumed that a house belonging to the mother of a tenant would be available to the tenant for joint accommodation. (7) there cannot ..... .l.r. 162 d l.t 509, safeer., j., quashed an order of the competent authority by holding that it had been in disregard of the requirements of section 19 of the act. that case was in respect of a shop in occupation of one kishan 1 as a tenant. the competent authority found that krishan lal was also working with his .....
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