Court : Delhi
Reported in : ILR1972Delhi804
..... regarded as an order passed by the high court in its original jurisdiction or whether it is regarded as an order passed by the high court in exercise of the power of judicial superintendence originally conferred on it by section 107 of the government of india act, 1915 which was repealed and re-enacted by section 224 of the government of india act, 1935 which in its turn repealed and re-enacted by article 227 of the constitution, the result is the same, namely, that the present appeal is not maintainable under ..... appeals which can be filed under clause 10 of the letter patent would cover all orders passed by the high court in its revisional jurisdiction even though the revisional jurisdiction may not be confined to section 115 civil procedure code but may include other statutes and even though the scope of the jurisdiction under each of these statutes may differ in details(5) learned counsel for the appellant argues that ..... it was not called alternatively as power of 'superintendence', it was thought fit, thereforee, to amend the letters patent and to add orders passed in exercise of the power of superintendence to the orders passed in exercise of the revisional jurisdiction so that the former also should be excluded from letters patent appeals ..... the letters patents were not however amended lo substitute the former for the ..... the amendment of the letters patent by the mention of the orders passed in exercise of the power of superintendence may thus be said to have been by way of super- .....
Tag this Judgment!Court : Delhi
Reported in : [1972]42CompCas408(Delhi)
..... , from the copies of the judgment that in the prosecutions launched under section 220 read with section 162 of the companies act, the petitioners had pleaded guilty and sentenced to payment of fines. ..... stated in exhibit r-12 that action under section 560 could not be considered on account of the pendency of prosecutions, and it is not being stated that such action under section 560 has since been taken, it is not possible to grant the relief claimed by the petitioners, namely, that they should be relieved of the liability from filing the returns under the companies act in respect of the years 1969 and ..... on october 19, 1962 does not help the petitioners because that was a petition under section 561a of the code of criminal procedure for quashing the proceedings taken by the registrar under sections 159 and 220 of the companies acts of 1936 and 1959. ..... will not have jurisdiction to grant relief under sub-section (2) of section 633 of the act, if proceedings have been instituted in a criminal court (sic) in section 633(1). ..... prosecutions for alleged violation of sections 160, 161 and 220 of the companies act for the years 1966-67 and ..... in that context that the proper course for the registrar was to act under section 560. ..... according to section 162 of the companies act, a ..... if not already filed will be filed by the accused directors within a period of 2 months from the date of the commencement of these orders, failing which they shall be liable for action under section 614(2) of the act.'5. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1972Delhi475; [1973]32STC113(Delhi)
..... subsequently, however, the bengal act as extended to the union territory of delhi was amended by amendment act of 1956 and by virtue of section 4 of the amending act the words 'second schedule' in both the sub-sections of section 6 of the act were substituted for the ..... in mithan lal's case (supra), it was observed that the modification made by the central government in the construction contracts did not involve any change of policy in the bengal finance (sales tax) act, 1941 rather the modification gave effect to the policy of enactment which was to bring construction contracts within the ambit of the taxation powers of the state' and the impugned provisions were held ..... (51) learned single judge has held that the requirements of section 6(2) of the bengal finance (sales tax) act are mandatory only if exemption granted to goods is to be withdrawn but they arc directory if exemption is to be granted by adding any item to the second schedule for imposition of tax is to be preceded by opportunity for making representation against ..... were void as the statutory notice of not less than three months as required by section 6(2) prior to its modification by the impugned notification of 7th december, 1957 had not been given, (18) the grounds found favor with the learned single judge who held: 'the writ petitions are, thereforee, allowed and it is declared that the purported modification of section 6(2) of the bengal finance (sales tax) act 1941 by the government of india notification no. s.r.o. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1972Delhi788
..... (50) learned counsel then argued that in any event, the discovery of the shop may be admissible under section 27 of the evidence act but the discovery of the cash memo and the sale register produced by kirpal singh (public witness 5) is not admissible as the appellant did not point out those documents nor did ..... emperor air 1929 lah 344 and submitted that 'the expression 'fact' as defined by 'section 3 of the evidence act includes, not only the physical fact which can be perceived by the senses but also the psychological, fact or mental condition of which ..... record of that fact, it is the duty of the sessions judge before holding confession relevant under section 24 of the evidence act to send for the magistrate and satisfy himself on the point. ..... 453)(l) and submitted that when an accused person has been kept in custody of the police and has made a confession, it is important that the magistrate before recording such confession under section 164 criminal procedure code should ascertain how long the accused has been in custody. ..... (48) the disclosure statement is admissible under section 27 of the evidence act, but it is not the whole of the statement that appears to ..... evidence the criticism made by the counsel for the appellant that the register and the cash memo hook could not he taken possession of hy the police as they did not fall within section 27 of the evidence act cannot be sustained. ..... pointing out the shop is thereforee a statement admissible under section 27 of the evidence act. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1972Delhi312B
..... this was a judgment to the effect that no writ of certiorari will like to quash a notification under section 6 of the land acquisition act, 1894, but a suit is the proper remedy. ..... the obligation arising again an individual out of this representation amounting to a promise may be enforced ex contractu by a person who acts upon the promise: when the law requires that a contract enforceable at law against a public body shall be in certain form or be executed in the manner prescribed by statute, the obligation may be enforced against it in appropriate cases in ..... among the powers and duties of the senate which are detailed under section 17(2) is the exercise of the power of control and superintendence over colleges and institutions including the power of affiliation and disaffiliation of colleges and ..... the relevant portion of this section runs as follows :- 'subject to the provisions of this act the statutes may provide for matters relating to the university and shall in particular provide for the following :- (d) the conditions subject to which educational institutions may be recognised by or affiliated to the university and the ..... view of the previous discussion, it will be obvious that, here the decision of the university such as it is, is to provisionally affiliate the petitioner college and the objection of the petitioner is not to any particular act of the university, but to the attempt by the university to cancel its previous decision. ..... first judgment cited is lever (finance) v. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1973Delhi124; 8(1972)DLT351; 1972RLR37
..... that the conduct of the appellant in not insisting upon notice under section 105 of the transfer of property act was acted upon by the landlords who altered their position by relying upon the conduct of the appellant in not seeking permission of the court at an early stage to amend the petition by pin pointedly asserting that although no notice was required to be given under section 106 of the transfer of property act yet such a plea, if it was at all open to the appellant, had ..... assuming, though not conceding, that such a notice was required, no such plca was raised by the appellant during the entire course of proceedings and that a notice required under section 111(h) read with sec ion 106 of the transfer of property act can he waived and since the appellant had kept quite about the service of the said no ice for about four years, the appellant will be deemed to have waived the ..... delhi rent control act, 1958, (hereinafter referred to as 'the act') for eviction of the appellant who is a tenant under the respondents in respect of the said premises on various grounds such as, that the appellant was given the premises for use as residence alone but he is also using it for commercial purposes; that he is running business in the said premises in the name and style of 'bishnoi finance private ltd,', that he is using the front portion of the premises .....
Tag this Judgment!Court : Delhi
Reported in : ILR1972Delhi601
..... is assumed for the sake of argument that the concerned state government was liable to pay pension in pound sterling, an implied condition was attached to this debt or obligation by sub-section (2) of section 21 of the said act requiring permission of the reserve bank or of the central government to pay such debt or obligation in pound sterling. ..... the respondants defended the writ petitions and averred that the amendment of 1957 was valid and that the petitioners were not entitled to be paid their pensions in pounds in the ..... under rule 3 of the indian administrative service (recruitment) rules, 1954 made under the all india services act, 1951, the initial constitution of the service included the former members of the indian civil service not permanently allotted to the judiciary including sarvashri krishna ..... (5) civil service regulations 561 and 983 were amended on 29-6-1957 with effect from 12-6-1956 by the government of india ..... they alleged that the amendment of 1957 was ultra virus article 314 of the constitution and prayed that this court should order the respective state government and the union of india to pay to them their pensions at the fixed minimum ..... prasad were unduly delayed inasmuch as the protest, if any, by way of writ petitions should have been made by them in 1957 itself when the amendment was effected. ..... (4)the amendment of 1957 in omitting reference to pound sterling in payment of pension thereforee, recognised only the legal position as it existed immediately prior .....
Tag this Judgment!Court : Delhi
Reported in : AIR1972Delhi292; 9(1973)DLT89b; (1973)ILLJ254Del
..... desh and need to conserve money; the respondent being a public-sector enterprise has to follow instructions received from the government of india from time to time in various matters particularly, with regard to finance; that the enhanced house-rent allowance was agreed to also in view of governmental instructions and has been kept in abeyance again in view of governmental instructions; that the order revoking the earlier ..... no notice shall be required for effecting any such change- (a) where the change is effected in pursuance of any settlement, award or decision of the appellate tribunal constituted under the industrial disputes (appellate tribunal) act, 1950; or (b) where the workmen likely to be affected by the change are persons to whom the fundamental and supplementary rules, civil services (classification, control and appeal) rules, civil services (temporary ..... main plank in the proposed amended petition was to get a declaration that the house-rent allowance was not a fringe benefit and that without complying with the mandatory provisions of section 9a of the industrial disputes act the enhanced house-rent allowance ..... that inasmuch as the terms of service of the employees of the respondent have been changed to their detriment without the respondent complying with the provisions of the industrial disputes act, 1947, the said order dated 1st january, 1972 be struck down and a mandamus be issued to the respondent directing it to restore the payment of house-rent allowance .....
Tag this Judgment!Court : Delhi
Reported in : 8(1972)DLT413; [1973]88ITR21(Delhi)
..... tax is levied for each financial year commencing on the 31st april at the rate or rates prescribed under the finance act and is a charge on the total income of the financial year. ..... no doubtit is for the income-tax officer to decide whether to excrcisc his discretion in favor of the assessed under section 3(4) of the act, but it can not be accepted that this discretion even if exercised arbitrarily and capriciously, is beyond the scrutiny of this ..... the abuse of power in appropriate case and the assessed will not be without a remedy to this extent, thereforee, it is not possible to accept the contention of the counsel for the respondents that the order passed under section 3(4) of the act by the repondents refusing to vary the meaning of the expression of the ' previous year ' as applicable to assessed cannot in any circumstance be challenged. (7) mr. ..... statute does not require the recording of reasons by the income-tax officer when exercising his discretion under section 3(4) of the act nor does the act require that the reasons for refusal have to be communicated to the assessed. ..... the scope and extent of the power of the income-tax officer under section 3(4) of the income-tax act, 1961 (hereinafter called the act) is the question that calls for determination in these writ petitions. ..... it is denied that he had agreed that the refund falling due under section 141a of the act would not be paid or that the same would be adjusted against the advance tax payable for the assessment year 1972 .....
Tag this Judgment!Court : Delhi
Reported in : 9(1973)DLT53
..... the learned judges further held as under :- 'but,apart from that, even if it was open to us to entertain a plea of jurisdiction in a revisional application against such a decree, we do not see how a plea of jurisdiction can properly be raised under section 115 in the present revisional application, because the plea is no more than this, that the arbitrator has exceeded his jurisdiction in making the award which he has made. ..... after the award was made, the claimant-company filed an application, dated 23rd december, 1963, out of which this civil revision has arisen, in the court of the senior subordinate judge, delhi, under sections 14 and 17 of the arbitration act for the filing of the award and for making it a rule of the court. ..... (2) the petitioner, balbir singh, entered into a hire purchase agreement with respondent i, messrs all india finance and commerce ltd, on 1st february, 1962. ..... it was not disputed by shri gaind that the reference was made unilaterally by the all india finance and commerce ltd. ..... he, however, sought to contend that the reference to the arbitrator was made unilaterally by respondent 1, the all india finance and commerce ltd. ..... respondent 1 in the civil revision is all india finance and commerce ltd. ..... security and finance (p. .....
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