Court : Delhi
Reported in : 1969CriLJ1282
..... obvious that the learned additional sessions judge had no jurisdiction to give the appellant the benefit of the provisions of the probation of offenders act as the appellant had been convicted, under section 376, penal code, which offence is punishable with imprisonment for life. the order of the learned additional sessions judge is clearly illegal ..... as already stated, the learned additional sessions judge had given the benefit of the provisions of the probation of offenders act to the appellant. he erred in doing so, as the offence under section 376, penal code, is punish. able with imprisonment for life and a person convicted for that offence cannto be given ..... a result of the above discussion, the conviction of the appellant under sections 366/376, penal code, is maintained. the order of the learned additional sessions judge giving the appellant the benefit of the provisions of the probation of offenders act is bet aside. the appellant is sentenced to two years rigorous imprisonment for .....
Tag this Judgment!Court : Delhi
Reported in : 6(1970)DLT12; [1969]24STC504(Delhi)
..... , concerned only with the question whether motor bodies would come under the expression 'spare parts' of motor vehicles. (2) it is pertinent to note that according to section 5(l)(a) of the act the rate of tax payable by a dealer shall be levied as follows:- '(a)in the case of taxable turnover in respect of the goods specified in the ..... rupee; (e) in the case of taxable turnover in respect of any other goods, at the rate of five paise in the rupee.'(3) according to section 5 read with first schedule of the act a rate of ten paise in the rupee can be charged in respect of the goods specified in the first schedule, as per clause 5-a of ..... petitioner is valid. the decision of this question would depend upon the interpretation of item i of the first schedule of the bengal finance (sales tax) act 1941, as extended to the union territory of delhi (hereinafter called the act), as it stood prior to the amendment of the same by notification dated the 31st august 1966. it then read as follows:- 'motor .....
Tag this Judgment!Court : Delhi
Reported in : ILR1970Delhi171
..... ch. bhagat ram and sons was stated to be a partnership and suririder nath and the brothers to be its partners. the learned counsel placed reliance on section 68 of the partnership act. that section reads :- '(1)any statement, intimation or notice recorded or noted in the register of firms shall, as against any person by whom or on whose ..... stated in the plaint, that according to the agreement of partnership, surinder nath, the eldest member of the family, was put in charge of the office and the finances and was to operate the firm account with the banks and that the terms and conditions of the partnership were reduced to writing on the 27th august 1951. the parties ..... of the partnership act. it is an agreement between all the persons concerned; the agreement is to share profits of a business, and it lays down that the business will be carried on by all, surinder nath being in charge of the office and the finances, the brothers being field workers. on the basis of the agreement. exhibit p. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1970Delhi126
..... learned single judge because he made it quite clear that he was seeking to bring this case nto under sub-section(2) of section 269 but under sub-section (1) of that section read with section 637-a of the act. sub-section(2) of section 269 would nto apply to this case as approval of the appointment of m. c. ray for the ..... the argument of malu fides which has been advanced. any attack of personal dishonesty leading to mala fides against certain officials, including the former finance minister, could nto even be listened to unless these persons are made parties to the petition and thus given an opportunity to rebut this allegation.'(11) agreeing with ..... of the said order. (10) one of the pleas raised by the petitioners is the plea of malu fides. the plea contains allegations against one of the former finance ministers and certain officials who have nto been made parties to the petition. as to this plea the learned single judge has observed:- 'i am least impressed by .....
Tag this Judgment!Court : Delhi
Reported in : ILR1969Delhi898
..... part of the schedule, any other employment, in respect of which it was of the opinion that minimum rates of wages should be fixed under the act. the section was attacked on the ground that the legislative policy was nowhere discernible in this provision and the legislature had simply abdicated its power and assigned it to ..... purpose of conserving the foreign exchange of the country to prevent any adverse repercussions on its foreign exchange resources including the potential reserves.(8) under sub-section (3) of section 20 of the act, the reserve bank had the power to issue directions. there is no challenge to this power of the bank. these directions, it is true, ..... sending of its copy did nto amount to any approval of the agreement vis-a-vis the foreign exchange regulations or the working of the act. provisions of section 18b of the act were maintained to be perfectly legal and valid and the other contentions raised by the petitioners were also controverter.(4) in their rejoinder the .....
Tag this Judgment!Court : Delhi
Reported in : ILR1969Delhi913
..... circumstances, it seems rather difficult to successfully prosecute an offender on account of deterioration in areca-nuts by reference to sub-clause (a) of clause (i) of section 2 of the act only. it is again nto disputed by the counsel for the respondents that neither in the reports submitted to the municipal corporation by the food inspectors nor in the ..... adulteration in that case. the recommendation was accepted by the learned chief justice and it was held that merely because the aricle was found 'infested'.did nto attact sections? and 16 of the act, what was needed was that it must be insect infested.(12) on behalf of the state, it was argued before his lordship that evidence had yet to ..... was in roto form was found by the public analyst to be adulterated due to 16.6 % of the sample being infested with insects by virtue of section 2(f) of the act read with a.65.11 of the rules. it was argued on behalf of the petitioner that according to the evidence of the public analyst the sample bottle .....
Tag this Judgment!Court : Delhi
Reported in : ILR1970Delhi333
..... of the vigilance commission, dated july 7, 1965, will also apply to autonomous organisations, and that such of the administrative sections of the ministry as are concerned with autonomous organisations should take necessary action in the matter in respect of the said organisations ..... out in this part. the relevant powers are as under :- general powers extent ____________________________________________________________________________ ref. to fundamental powers dy- and the finance chairman director director supplementary board & estabestablishment rules under which the power committee is determined. ____________________________________________________________________________ 1 2 3 4 5 6 7 ..... is issued 'wherever any body of persons having legal authority to determine questions affecting rights of subjects and having the duty to act judicially,' act without or in excess of jurisdiction, or in contravention of the rules of natural justice, or commit an error of law .....
Tag this Judgment!Court : Delhi
Reported in : ILR1969Delhi1154
..... proviso on the basis of the purchase by the delhi land and finance limited from h. a. rehamn for a consideration of rs. 40,730 by a registered sale deed dated july 23, 1947, which date falls between september 1, 1939 and april, 1, 1948.(18) section 7 of the act speaks of the method of determining compensation. it provides for the payment ..... .a. rehman from the delhi land and finance limited. the contention of the union of india was that compensation should have been determined under the first provisio. the contention on behalf of shrimati mohinder kaur was that it should be determined according to clause first of sub-section (1) of section 23 of the land acquisition act, 1894, that is, according to the market .....
Tag this Judgment!Court : Delhi
Reported in : ILR1969Delhi1115; [1970]78ITR508(Delhi)
..... the deceased was property of which the deceased was, at the time of her death, competent to dispose within the meaning of section 2, sub-section l(a) and section 22, sub-section 2(a) of the finance act, 1894. counsel for the appellant has admitted, and i think, rightly admitted, that the deceased was competent to dispose of ..... perhaps more accurately certain property in certain situations and is nto to be deemed to include certain property in other situations. section 5 and sections 6 to 17 like sections 1 and 2 of the u.k. finance act are however mutually exclusive. that they were mutually exclusive, was indeed the view that was held at one time and ..... 'passes on the death' might have created some difficulty of interpretation but two generations of judicial decisions have imparted to that expression as occurring in section 1 of the u. k, finance act, 1894, which imposed for the first time in england the duty called 'estate duty'. exact shades of meaning that could nto have been originally .....
Tag this Judgment!Court : Delhi
Reported in : ILR1969Delhi1099
..... it thanks fit, any enactment which is in force in a state at the date of the notification;'(5) in exercise of the powers conferred by the above section, i.e., section. 2 of act xxx of 1950, the central government as per notification dated september 2, 1965 extended to the union territory of delhi a number of provisions of the bombay police ..... .(13) mr. kirpal has referred to the case of mithan lal v. state of delhi and others,(5). in that case the validity of certain provisions of the bengal finance (sales tax) act (ben. vi of 1941), which had been extended to the state of delhi, was challenged. the main question which arose in that case, was about tax on receipts ..... c state where the the statute was passed by parliament. on the facts it was found that there had been no modification by the central government of the bengal finance (sales tax) act in its applicability to delhi. the above case was decided on its own facts and the dictum laid down in it does to, in our opinion, militate against .....
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