Court : Delhi
Reported in : 5(1969)DLT61
..... of the order applies only to appeals. applications for leave to appeal and application for review of judgments an application for reference under section 21 (i) of the bengal finance (sales tax) act, 1941 dees noccrire within the category of such applications and thereforee for the purpose of computing: limitation thei(r)aticn the tine riquisite ..... excluded by such special or local law. it is urged that there is ntohing in the bengal finance (sales tax) act which expressly excludes the operation cf section 12 cf the limitaticn act to an application under section 21 of the said act. (14) a close examination of the cases cited by the learned counsel however shows that the ..... .calcutta v member board of revenue, government of west bengal, where it was held :- 'section 12(2) of the indian limitatiol) act, 1908, is attracted to a proceeding under the bengal finance (sales tax) act, 1941 but the operation of section 12(2) is limited to an appeal, an application for leave to appeal and an application .....
Tag this Judgment!Court : Delhi
Reported in : AIR1969Delhi1a; 4(1968)DLT568; [1969]24STC44a(Delhi)
..... him of the obligation of complying with the rule of natural justice of according adequate hearing to the petitioner before finally disposing of his application under section 21 of the bengal finance, act which essentially involved a judicial, function. this fundamental rule of natural justice, that 'a man has a right to be heard', expressing in ..... concerned. we are assuming that he was aware of his duties and of the requirements of law for appropriately moving the learned chief commissioner under section 21 (1) of the bengal finance act in question.4. and, then having entertained this application, in our view, it was again a violation of the recognised rule of natural ..... is the position in the present case. we accordingly set aside and quash the impugned ex parte order with direction that the application under section 21 of the bengal finance (sales tax) act be disposed of in accordance with law in the light of the observations made above. we have no doubt that the question of permitting .....
Tag this Judgment!Court : Delhi
Reported in : 4(1968)DLT626
..... the offence of comming from mariana htoel side, overtook stationary vehicle standing when 'q' was formed in second lane and request that action he taken under the provisions of sections/rules 78/1 12 mva/d.m.v. rules, 1940.' at the btotom of this printed form, the signatures of r.d. jain are found beneath a printed ..... infringement of a mandatory traffic sign included in part a of the ninth schedule or of any traffic regulation set forth in the tenth schedule of the mtoor vehicles act, nor was it alleged that the accused had ignored any direction given to him by the police engaged in the regulation of the traffic at the road concerned. ..... after reproducing section 78 of the mtoor vehicles act, the learned additional session' judge came to the conclusion that the allegations in the present case did nto fall within that section. (4) i have heard the counsel for the parties and after going through the record, .....
Tag this Judgment!Court : Delhi
Reported in : 4(1968)DLT693
..... the drugs actor the rules framed there under. the contention of the learned counsel cannto, thereforee, be accepted. (19) shri kapur next contended that under the sections of the act as well as the rules, it was the collector of customs that has to decide as to whether the goods in question are misbranded or nto, that in ..... , as they were found on examination nto to be properly labelled, that the importation of drugs with such defects was prohibited under section 10 of the drugs act, 1940, read with section 18 of the sea customs act, 1878. that the goods which wire thus liable for confiscation were, however, released on the petitioner executing guarantees undertaking to remedy ..... 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
Reported in : 5(1969)DLT214
..... house causing great loss to its owner. the object for which this is done is to prtoect the public from the dangerous building. the duty of the corporation to act under section 348(1) to clear the, site for the building of a new house by the owner, thereforee, clearly corresponds to the benefit that the public has been given ..... , or (ii) for suitable maintenance of any family of descendant from a former ruling chief.'it was held, firstly, that the passing of an order under section 5(3) was a quasi-judicial act for which the government must give reasons and, secondly, that the word 'may' used therein has the force of 'must', in as much as, once ..... v.s. despandey and 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 .....
Tag this Judgment!Court : Delhi
Reported in : 5(1969)DLT469
..... e goods by the defendants. the order of the learned additional district judge was apparently, thereforee, passed under order 39, rule 2 civil procedure code and nto under section 151 civil procedure code it was thereforee, appealable under order 43, civil procedure code .(2) briefly, the facts leading to the filing of this appeal against the order dated ..... -appellant. the application for temporary injunction by the plaintiff before the additional district judge, though made under order 39, rules i and 2 read with section 151 civil procedure code ., was actually cov.ered by order 39, rule 2 alone inasmuch as the suit by the plaintiff was for restraining the defendants from committing ..... 'wearwell' is nto a descriptiv.e word, and, thereforee, is more easily capable of being appropriated.(16) section 27(2) of the trade & merchandise mark, 1958 expressly states that ntohing in the said act shall affect rights of action against any person for passing off goods, as the goods of antoher person or the .....
Tag this Judgment!Court : Delhi
Reported in : ILR1969Delhi202
..... of the commission in various matters already referred to above. it may be useful to repeat, however, that the jamia millia is deemed to be a university under section 3 of the act. the very concept of a university is universality. a university cannto be a private institution in the sense that it is nto subject to the provisions of the constitution ..... the studies undertaken by it together with all the rules and regulations relating to the standards of teaching and examination. under section 13, the commission was entitled to inspect the finance and standards of teaching, examination and research of the universities. under section 14, the commission is entitled to stop grants to any university which fails to comply with any recommendation made by .....
Tag this Judgment!Court : Delhi
Reported in : AIR1969Delhi285; 5(1969)DLT203
..... of india ministry of home affairs notifications. new delhi, the 21st june, 1962. no. 20/12/ 62-delhi, 1. in pursuance of sub-section (2) of section 35 of the delhi rent control act, 1958 (59 of 1958), the central government hereby appoints :-- (1) shri pritpal singh at present working as controller as 1st additional controller vice shri ..... . 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 ..... 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 .....
Tag this Judgment!Court : Delhi
Reported in : 6(1970)DLT121
..... banking operations and development, and the affidavit, dated 9-1-1967, claiming privilege in the present cases was made by him. (10) section 123 of the evidence act provides that unpublished official records relating to affairs of the state shall be permitted to be given in evidence only with the permission of the ..... of banking development was created with the object of giving concentrated attention to the extension of banking facilities to semi-urban areas and to problems of rural finance, that in 1965 these two departments, viz, the department of banking operations and the department of banking development were merged into one department called the ..... headed by a deputy controller, the agricultural credit department headed by a deputy chief officer, the industrial finance department headed by a deputy chief officer designated at present as officer-in-charge of the industrial finance department. similarly in bombay there are wings of the central office departments. in paragraph 9 of the .....
Tag this Judgment!Court : Delhi
Reported in : ILR1969Delhi368
..... and shri shambhu dayal pachauri were liable to pay rs. 36,517.27 p. to messrs veer finance co.(2) a petition under sections 14 and 17 of the arbitration act, 1940, hereinafter referred to as the act, was made by messrs veer finance co., 9-e, connaught place, new delhi, to be called for facility of reference as the ..... respondents, intimating their intention to refer the dispute to the arbitrator, were received back unserved then it was necessary to have recourse to the court under section 20 of the act. the unilateral reference made by the petitioner company could nto vest the arbitrator with the necessary jurisdiction.(11) the learned counsel for the petitioners relied upon ..... , but he neither appeared in the court nor filed any objections to the award.(3) respondent no. 1 applied, on august 31, 1966, under sections 30 and 33 of the act, for setting aside the award. one of the grounds taken in his application was that the arbitrator had no jurisdiction to enter on the reference as .....
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