Court : Delhi
Decided on : Feb-19-1968
Reported in : AIR1968Delhi255; 4(1968)DLT419; ILR1968Delhi32
..... only from such date as may be specified in the ntoification. the provisions of section 15 apply ntowithstanding anything contained in sections preceding section 15 in chapter iii and consequently; ntowithstanding anything contained in section 11. according to mr. kaushal the learned counsel for the appellant, the effect sections 11, 15 ..... rajkumar rajinder singh v. lieutenant governor, .in that case the learned judicial commissioner had decided that on true interpretation of section 27 of the said act the right, title and interest of the landowner vested in the state government only after the compensation payable to him had been determined and consequently the ..... land revenue of rs. 417.39 per annum. they, thereforee, treated the land as having vested in the government under section 27 of the said act and communicated the preliminary assessment of the amount of compensation to the respondent. by the said communication objections were invited from the respondent regarding assessment of .....
Tag this Judgment!Court : Delhi
Decided on : Sep-07-1968
Reported in : 4(1968)DLT571
..... often no better than injustice. in this connection, the attention of the court below is invited to the instructions contained in chapter i-k of vol. i of the high court rules & - orders, and particularly to paragraph 8 of the said chapter. these instructions, if properly carried out, may to some extent reduce the ntoorious delays of the law. parties are directed ..... to appear in the trial court on 23-9-1968 when antoher short date would be given for further proceedings. in the peculiar circumstances of the .....
Tag this Judgment!Court : Delhi
Decided on : Apr-02-1968
Reported in : 4(1968)DLT464
..... because of the absence of the complainant. this order, it is argued, is contrary to the instructions issued by this court as contained in chapter i-f, high court rules & orders, vol. iii and is also highly unjust. our attention has in support of the argument been drawn ..... magistrate is also empowered in a fit case lo adjourn the hearing of the case to some toher day. the instractions contained in chapter 1 f, vol. iii of the high court rules and orders start with the observation that some magistrates are inclined to dismiss cases ..... into consideration particularly the fact that the. case was nto properly filed by the committee as under section 33 of the punjab municipal act as applied to himachal pradesb,guch powers for the prosecution of the defaulters committing offences within the municipal committee limits, rampur, have nto ..... of the case. (8) parties are directed to appear in the court below on 20th april, 1968 when a short date would be given for further proceedings in accordance with law. .....
Tag this Judgment!Court : Delhi
Decided on : Dec-20-1968
Reported in : AIR1969Delhi285; 5(1969)DLT203
..... the date he assumes charge of the office and defines all the areas to which the said act extends as the local limits within which and all the hotels and lodging homes to which the provisions of chapter v of the said act apply as the hotels and lodging houses in respect of which the said controller shall exercise the ..... the constitution. the letter in question in this case is reproduced in extenso on page 1438 of the report. it is a letter from shri m. l. batra, under secretary, finance (expenditure) to government, delhi state, to shri dalip singh, commissioner of excise, delhi state, delhi, in answer to a communication received by the former dated 31st august, 1954 ..... . ii the grant of l-2 license to messrs. gainda mall hem raj, new delhi and was signed by the sender shri batra with the designation 'under secretary, finance (exp.) to government, delhi state' appended to it. their lordships under these circumstances held that this letter was nto an order of the chief commissioner but was at .....
Tag this Judgment!Court : Delhi
Decided on : Dec-17-1968
Reported in : AIR1969Delhi298; 1969CriLJ1243; ILR1968Delhi545
..... article 134. the expression 'criminal proceedings' in this article, seems to me to be wide enough to include maintenance proceedings adjudicated upon by magistrates initiated under chapter xxxvi. such maintenance proceedings are, in my view, criminal proceedings, designed by way of summary process to provide to deserted wives and neglected children, adjudication of ..... the code of criminal procedure are of a criminal character and the provisions contained therein must, thereforee, be strictly followed. keeping in view the scheme of chapter xxxvi of the code of criminal procedure and also the scheme of articles 133 and 134 of the constitution, i have little hesitation in holding that ..... magistrates and magistrates of the 1st class: courts which are indisputably criminal courts and nto civil courts. sub-section (6) provides that all evidence under this chapter has to be taken in the presence of the husband or father, as the case may be, or when his personal attendance is dispensed with, in the .....
Tag this Judgment!Court : Delhi
Decided on : May-06-1968
Reported in : 4(1968)DLT384
..... purpose of administering oaths, taking evidence and of enforcing attendance of witnesses and compelling production of documents and material objects. in chapter iii, no toher section has been referred to at the bar. the only toher sections of the abolition act to which reference has seriously been made, may now briefly be ntoiced. they are sections 79, 92, 95, 97, 104, 105 ..... and 106 occurring in chapter viii dealing with the assumption of management and acquisition by the state. section 79 confers on the state .....
Tag this Judgment!Court : Delhi
Decided on : Jul-30-1968
Reported in : 4(1968)DLT693
..... appointed for that purpose by the central government. if the report of the director of the appointed laboratory is to the effect that the provisions of chapter iii of the act or the rules framed there under are contravened, the customs collector should communicate the report forth with to the importer who should within two months either ..... toher hand, if the director of the laboratory appointed by the central government reports that the drugs in question contravene in any respect the provisions of chapter iii of the drugs act or the rules framed there under, and that the said contravention is such that, that can be remedied by the importer, the customs collector should ..... writ or direction or order may be issued quashing the orders dated 10th july 1958 and/or 28th april, 1959 passed by the government of india, ministry of finance, new delhi and directing that no effect be given to the said orders. the first respondent in the writ petition is e.s.krishnamurthy member, central board of .....
Tag this Judgment!Court : Delhi
Decided on : Mar-19-1968
Reported in : AIR1969Delhi183; ILR1968Delhi59
..... in 2nd (1964) 1 p&h; 529 wherein it was held that the motor vehicles of the respondents were nto exempted from the provisions of chapter viii of the motor vehicles act, and an application for compensation lay against them before the claims tribunal. the tribunal also added that the issue was nto pressed before the tribunal by ..... a reply to the application raising some preliminary objections, namely, that the motor vehicles of the delhi road transport authority were exempted from the provisions of chapter viii of the motor vehicles act by the central government by a notification s. r. b. 711, dated 7-4-1953; that on repeal of the delhi road transport authority ..... issues:'1. whether the vehicles of the delhi transport undertaking are exempt from the provisions of chapter viii of the m. v. act? 2. whether this application is nto maintainable for want of notice under section 478 of the delhi municipal corporation act? 3. whether the death of shri sham lal malik was due to an accident caused .....
Tag this Judgment!Court : Delhi
Decided on : Sep-26-1968
Reported in : 5(1969)DLT100
..... civil p.c. s. 109 of the code is now made expressly subject to ch. iv, part v of the constitution and art. 133 which occurs in that chapter authorises the grant of a certificate 'by the high court only if the order is a final order. the inconsistency between s. 109, civil procedure code and art, 133 of the ..... necessarily be held to be an interlocutory judgment, and the collocation of the words 'judgment, decree or final order' in section 205(1) of the government of india act makes it clear that no appeal is provided for against an interlocutory judgment or order.'(11) we accordingly hold .that this application is incompetent and is thereforee dismissed with ..... v. raghubir saran rastogi the executing court had allowed an objection that the execution proceedings could no longer proceed in view of section 4(d), bihar land reforms act and accordingly ordered the proceedings to be dropped. the high court in appeal set aside the order of the executing court on the ground that the objection was nto .....
Tag this Judgment!Court : Delhi
Decided on : Aug-09-1968
Reported in : 5(1969)DLT214
..... a duty to permit and encourage the construction of buildings, as it is to afford prtoection against dangerous buildings. the nature of the powers of the corporation under chapter xvi as also under section 348 is, thereforee, such that they are to be exercised entirely for the benefit of the persons concerned. no part of the ..... once -the corporation is satisfied that a building is in a dangerous condition, the discretionary part of its power ends. thereafter, the power would become a duty to act to afford prtoection against the dangerous building. the criteria, by which the apparent power or discretion given by a statute may be construed, to be a duty, ..... i.d. dua, jj. (1) this letters patent appeal lias pointedly raised questions about the proper construction and application of section 348 of the delhi municipal corporation act 1957. the appellant (whose writ petition was dismissed by the learned single judge) owned a three-storeyed building, of which a part on the ground floor was occupied .....
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