Court : Delhi
Reported in : 6(1970)DLT507
..... his family. (10) the next question for consideration is whether members of the family of gobind dass were dependant upon him within the meanof proviso (e) to section 14(1) of the act and so has to be construed in accordance with the facts and circumstances of each case. as was observed by falshaw, c. j. in c. l. ..... meaning somebody not wholly independent or self supporting and in a position to set up separate residence. dependaace may not in all circumstances be entirely a matter of finance and this would particularly be so in the case of an unmarried daughter who may be employed but in whose case for various reasons it would not be desirable ..... the claim for eviction made by the appellants was covered by the said proviso. (2) the appellants, three brothers, filed an application under section 14 of the delhi rent control act, 1958 (hereinafter called the act) seeking eviction of the respondent from the premises under his tenancy comprising of two rooms, a w. c. and a kitchen on the ground .....
Tag this Judgment!Court : Delhi
Reported in : AIR1970Delhi250; ILR1970Delhi593
..... provision, their lordships observed at page 162 column 2 of the report as follows : 'theirlordships would also add, on this contention, that sub-section (5) of section 2 (of the defense of india act) provides a means of delegation in the strict sense of the word, namely, a transfer of the power or duty to the officer or authority ..... , posts and telegraphs) transfer of officers and other staff rules, 1968 dated 30-8-1968 at annexure r-6 and (b) the indian posts and telegraphs accounts and finance service class ii (recruitment) rules, 1968, dated 23-11-1968 at annexure r-7; and (3) the equation of the sas accountants formerly of the audit department with ..... or instrument made or executed by the president'. (19) in emperor v. sibnath banerji , the judicial committee of the privy council had to consider section 49(1) of the government of india act, 1935, which in the sphere of provinces (now states under the constitution) corresponded with article 154(1) of the constitution. in the union field, .....
Tag this Judgment!Court : Delhi
Reported in : ILR1970Delhi898
..... the intention of the legislature was to provide reliefto that category of persons who were found to be displaced persons within the meaning of sub-section (1)of section 2 of the act. the necessity for this legislationarose because of the peculiar circumstances that werecreated after the partition, of the country and it wasfelt that a ..... a displaced person which the bankhas already sold. the rights and liabilities of the parties in this premises will be governed by section 17 ofthe act. in terms of clause (c) of this section he is notliable to pay any balance even if the sale proceeds of thepledged properties are less than the amount of the ..... the next question as to whetherthe respondent was entitled to the benefit of the displaced persons (debts adjustment) act and its provisions.the provisions under which the respondent claimedrelief under this act are sections 17 and 37. section 17 provides that where in respect of debt incurred by adisplaced debtor and secured by the pledge of immovable .....
Tag this Judgment!Court : Delhi
Reported in : AIR1971Delhi151; ILR1970Delhi585
..... family.10. the next question for consideration is whether members of the family of gobind dass were dependent upon him within the meaning of proviso (e) to section 14(1) of the act and so has to be construed in accordance with the facts and circumstances of each case. as was observed by falshaw, c.j. in c.l. davar ..... as meaning somebody not wholly independent or self-supporting and in a position to set up separate residence. dependence may not in all circumstances be entirely a matter of finance and this would particularly be so in the case of an unmarried daughter who may be employed but in whose case for various reasons it would not be desirable ..... whether the claim for eviction made by the appellants was covered by the said proviso.2. the appellants, three brothers filed an application under section 14 of the delhi rent control act, 1958 (hereinafter called the act) seeking eviction of the respondent from the premises under his tenancy comprising of two rooms, a. w.c., and a kitchen on the .....
Tag this Judgment!Court : Delhi
Reported in : [1971]79ITR11(Delhi)
..... case, it may be mentioned that sub-section (2a) of section 10 was enacted to form part of the indian income-tax act, 1922, by virtue of section 8 of the finance act, 1955, and became law with effect from april 1, 1955.6. a reading of section 4(3)(vii) of the act would suggest that if a certainliability is allowed ..... accrued. the learnedcounsel for the assessed urged that the amount sought to be taxed in thepresent case did not fall within the mischief of sub-section (2a) of section 10of the act, inasmuch as the loss allowed in the previous assessment was notreceived in cash and according to him the loss allowed was not an expenditure or ..... irrespective of thatloss, or expenditure being recouped or the trading liability being dischargedby remission of the liability by a creditor. the enactment of sub-section (2a)of section 10 of the act did away with this benefit which an assessed couldget and created liability to assessment on the fictional or notional incomein case the previously allowed loss .....
Tag this Judgment!Court : Delhi
Reported in : ILR1970Delhi92
..... his office. the printed copies of the compilation exhibit d/3/2 were lying in the official custody of the witness when he was working as a section officer in the ministry of finance (defense). he has brought the printed compilation and has placed it before us.(22) bakshi shiv charan singh, learned counsel for the respondent has strongly ..... by the government to the contractor? 2.if not, whether the contractor was bound to return the same or pay the value thereof to the government under section 70 of the contract act or otherwise ? 3.to what amount was the government entitled as the price of the containers ?(8) question no. 1 it is elementary that a ..... contractor to return to the government the property belonging to the government which had been issued to the contractor by the government.(15) question no. 3 :- section 70 of the contract act says that the contractor was bound to make compensation to the government 'or to return the thing' to the government. the contractor has not offered to .....
Tag this Judgment!Court : Delhi
Reported in : ILR1970Delhi237
..... and that the respondent had taken unlawful possession and was evicted on the 9th november, 1963, in pursuance of an order passed under section 163 of the himachal pradesh land rev enue act. the learned sessions judge also agreed that the respondent had again taken unlawful possession of the land. but the learned sessions judge disagreed ..... had again unlawfully taken possession of the land. ram singh (public witness .1) again put in the application ex, p. a under section 163 of the himachal pradesh land revenue act for ejectment of the respondent from the land and for taking against him other necessary action for violating the law. the application was forwarded by ..... the government. the respondent had taken unlawful possession of the land. on an application, made by ram singh (public witness . 1), under section 163 of the himachal pradesh land revenue act, the revenue officer had ordered the eviction of the respondent from the land in dispute, in pursuance of the order of the revenue officer, .....
Tag this Judgment!Court : Delhi
Reported in : [1971]41CompCas116(Delhi); ILR1970Delhi184
..... learned attorney general, who appeared for the appellants as also for the industrial finance corporation of india, intervenors, that the real question in the appeals was as to the true scope and interpretation of section 73 of the act and the application of that section to the facts of the case and that a decision on this question ..... and delhi stock exchanges for permission to deal in and for official quotation of the shares of the company.' this statement immediately attracted the provisions of section 73 of the act sub-section ( 1 ) of which provides, inter alia, that where a prospectus states that application has been or will be made for permission for the shares ..... the affirmative. that being so, the further question that arises is whether these letters can constitute an intimation within the meaning of sub-section (5) of section 73 of the act. this sub-section does not provide for a rigid verbal formula. it is to be gathered from the tenor of the communication from a particular stock .....
Tag this Judgment!Court : Delhi
Reported in : AIR1971Delhi95; 1971CriLJ465
..... judge scrutinised the prosecution evidence and came to the conclusion that the petitioner had stored for sale insect-infested cashew nuts and that his conviction under section 7/16 of the act was justified. the learned additional sessions judge, while maintaining the conviction reduced the sentence to six months' rigorous imprisonment and to a fine of rs ..... counsel for the petitioner, was that the petitioner had been deprived, on account of the fault of the prosecution, of his statutory right, conferred by section 13(2) of the act, to get the sample tested by the director of the central food laboratory and that the conviction of the petitioner was bad on this account. the ..... him. the matter rested there. in face of the aforesaid facts, it is futile to maintain that the petitioner was deprived of his right under section 13(2) of the act for any fault of the prosecution.13. lastly, the learned counsel for the petitioner urged that the sentence, even as reduced by the learned additional sessions .....
Tag this Judgment!Court : Delhi
Reported in : ILR1970Delhi357
..... entry 19(1) (1). but what really hit the petitioners was the notification dated march 1, 1969 issued by the central government in exercise of powers conferred by section 37 of the act whereby the central excise (second amendment) rules, 1969 were made. the amendment was to the effect that 'in the central excise rules, 1944 in rules 96- ..... industrial expansion in the field of small scale cotton fabric industry all over the country. article 14 of the constitution is also invoked on the ground that the finance bill, 1969 gives arbitrary authority to the taxing authority to make arbitrary discrimination without affording any guide-line as units manufacturing bed sheets are exempted from the imposition ..... value was in excess of rs. 2.50 per square metre, only the duty of excise was reduced to 10% ad valorem. (4) the result of the finance bill and of the aforesaid notifications was that instead of what may be called the compounded duty of excise at the rate of rs. 25.00 per handloom, the .....
Tag this Judgment!