Court : Delhi
Reported in : AIR1979Delhi202
..... that section says that: 'notwithstanding anything contained in any law for the time being in force, no court shall impose a sentence under 'this act for a contempt of court unless it is satisfied that the contempt is of such a nature that it substantially interferes, or tends substantially to interfere with the due course of ..... the appointment of the receiver on the same 'terms' as the order of the supreme court, which was intended to have effect only till such time as the proceedings under section 20 01the arbitration act were not concluded, the net result was that the appointment of the receiver had not been continued. ..... being served with a copy of this affidavit, vishwanath moved an application questioning the correctness of that statement, and asked for the production of the account maintained in form b at the cinema under the supervision of the officers of the entertainment tax department, which he said would be authentic. ..... if a person or a corporation is restrained by injunction from doing a particular act, that person or corporation commits a breach of the injunction, and is liable for process for contempt, if he or it in fact does the act, and it is no answer to say that the act was not 'contumacious in the sense that, in doing it, there was no direct intention to ..... that the rastogis did not deposit any box-office takings with the receiver between 14th oct. ..... known statutory instance is section 95 of the indian penal code. ..... many indian cases use the word contumacious, in .....
Tag this Judgment!Court : Delhi
Reported in : 16(1979)DLT296
..... in the result, the court held that the charges for the offence punishable under section 161 of the indian penal code and under section 5(2) read with section 5(l)(d) of the act stood proved against the appellant, and accordingly sentenced the appellant to 6 month's simple imprisonment and a ..... the trial court having come to the conclusion that the service record of the appellant shows him to be an officer of integrity which was unquestioned all through his career and that the integrity was certified to be so by the highest officers in the department ought to have rejected the evidence of the trap witnesses who were not reliable, more so when the complainant had a motive to ..... (public witness 8) was not a reliable witness as he was inimical to the appellant who insisted that sehgal should be punctual in attending the office which he was unable to do because he was pre-occupied in the construction of his house at the relevant time ; (5) that the ..... singla, special judge, delhi, for having committed an offence punishable under section 161, indian penal code and sections 5(l)(d) and 5(2) of the prevention of corruption act on the allegation that be being a public servant as executive engineer, central public works department, housing division, delhi development authority, new delhi, on 30th october, 1973, ..... 1st march, 1973, work of 326 dwelling houses was transferred to 'the new division and the appellant was posted as executive engineer in charge of this division but according to b. m. .....
Tag this Judgment!Court : Delhi
Reported in : 16(1979)DLT32
..... comes in the witness box and deposes that she has a permanent address at dehra fateh singh, dehra warriach, post office pehwa as well and also admits having her bank account where she used to deposit the cheques of maintenance of ..... the wife was given as residing c/o shri mohinder singh warraich, at dera dalip singh warraich, post office dehra fateh singh (near pehowa) district kurukshetra (haryana). ..... the petition for judicial separate is not given as 210, prem nagar, ambala city but is given of the village at dehra dalip singh warraich, post office delira fateh singh (near pehowa) district kurukshestra. ..... she filed an application under order 9 role 13 and under section 151 of the code of civil procedure read with section 5 of the limitation act, 1963 praying that ex-parte decree dated 20th february, 1976 be set aside and the petition of the husband be restored to its original member and tried and disposed of ..... these two authorities have dealt with the presumptions under section 114 of the evidence act and under section 27 of the general clauses act and have laid down that where the conditions of these sections are satisfied, a presumption of fact and law with regard to service would arise and it is not necessary to produce the postman ..... mandal, commander-at-arms, indian navy, deputy director (discipline & deputy provost marshal (navy), for chief of the naval staff, informing that according tothe infornution received by them from the husband, he had been granted an ex-parte decree of .....
Tag this Judgment!Court : Delhi
Reported in : ILR1979Delhi1; 1979LabIC1294; (1980)ILLJ463Del
..... in view of this, the commission see no sufficient justification for denying shri ranbir chandra the benefit of his past service in class i post prior to 1951 and his service as income-tax, officer class ii to the extent it was governed by nl n2 formula even though such course might not fall in line with the recommendations of ..... it is obvious, thereforee, that the representation made by the government to shri ranbir chandra was a 'misrepresentation' within themeaning of section 18(1) of the indian contract act, 1872, because it was a positive assertion in a manner not warranted by the information of the government of that which was not true, though the government in 1950-1951 believed ..... subsequent appointment as income-tax officer, class ii (2) the federal public service commission held a combined competitive examination in 1945 to as many as eight central services including (1) indian audit and accounts services, (2) military accounts department, and (3) the income-tax officers (class i grade ii) ..... is embodied in section 14 of our general clauses act, 1897, which is as below: '(1)where, by any central act or regulation made after the commencement oft this act, any power is conferred then unless a different intention appears that power may be exercised from time to time as occasion requires (2) this section applies also to all central acts and regulations made on or after the fourteenth day ..... general principle governing all administrative acts in the indian as also in the english .....
Tag this Judgment!Court : Delhi
Reported in : 17(1980)DLT9; 1980RLR203
..... statement of dalip was sought to be discarded on the ground that his statement was forged by the investigating officer and that the ordinal statement made by him to the constable on duty in the hospital was being suppressed ..... bansal, additional sessions judge, delhi, under section 302 read with section 34 indian penal code, for having intentionally caused the death of one mathra pershad in furtherance of their common intention and under section 324 read with section 34, indian penal code, for having caused simple injuries with a dagger, in furtherance of their common intention, to pardeep ..... consequently the conviction of the appellants under section 302 read with section 34 of the indian penal code for having intentionally caused the death of mathura prasad cannot be said to be ..... not only that the investigating officer was not questioned on this aspect to explain the position, the possibility of the investigating officer having recorded the statement of nanwa ram and thereafter recording the statement of dalip kumar and then making the ruqqa cannot be said to be unsavoury act on the part of the investigating officer. ..... not only this, the doctor performing the post-mortem also found stitches present on some parts of the ..... this period some operations were performed on his body which, it was submitted, is evident from the post-mortem examination report revealing four operational injuries. ..... sent the dead body of mathura persbad for post mortem examination vide application ex. pw 24/e. .....
Tag this Judgment!Court : Delhi
Reported in : 16(1979)DLT220
..... violation of any rule of natural justice inasmuch as the passenger witness was summoned by registered post by the inquiry officer but the report of the postman was that the said passenger witness had left the address ..... the learned single judge based his judgment on two facts which he considered to be central firstly, the finding of the inquiry officer was based on the entire evidence including the written statement of the passenger recorded by the checking staff which was inseparable from ..... effectiveness cannot be defeated by technicalities when the misconduct is proved by the common sense standards before the inquiry officer, legal ingenuity and technicalities should not bs allowed to impugn the common sense findings and defeat' the operation ..... hear-say evidence of the checking staff about the statement of the passenger should have been admitted in evidence by the inquiry officer because of the impossibility of enforcing his attendance which may arise in a suitable case did not arise in this sase. ..... well settled that in a domestic enquiry the strict and sophisticated rules of evidence under the indian evidence act may not apply. ..... ajit singh recorded by the checking staff was in the nature of a complaint admissible under section 8, illustrations (j) and (k), of the indian evidence act. ..... sought under the proviso to section 33(2)(b) of the industrial disputes act, 1947 from the additional industrial tribunal. ..... to deal with the application of the management under section 33(2)(b) of the act. .....
Tag this Judgment!Court : Delhi
Reported in : 17(1980)DLT130
..... at one time the appellant was prosecuted under section 307, indian penal code, on the complaint of this witness, but the appellant was ..... (1) bhagwan singh appellant has been convicted under section 302 indian penal code, for the murder of ram babadur thapa and sentenced to imprisonment for life by mr. ..... bahadur had in 1968 been prosecuted at gurgaon under section 61 of the excise act and was imprisoned till the rising of the court with a fine of rs.40.00 ..... was prosecuted along with mohinder pal in a case under section 452/506, indian penal code, but was acquitted in appeal. ..... completing the investigation the appellant was charge-sheeted under section 302 indian penal code, and section 25 of the arms act. ..... once a case under section 324, indian penal code, was also registcred against ..... was convicted on august 4, 1971 under section 452/506, indian penal code, he was acquitted in appeal. ..... bhupinder nath (public witness 7), casualty medical officer, examined ram bahadur thapa at 5 ..... has also been convicted under section 25 of the arms act and sentenced to rigorous imprisonment for six months with a. ..... the station house officer handed over the investigation to sub-inspector mazhar hussain (public witness 26) on july ..... hospital and on being informed that ram bahadur thapa was not fit to make a statement, recorded the statement of krishan bahadur thapa and sent the same for registration of a case under section 307, indian penal code. ..... holding an inquest, he sent the body for post-mortem examination. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1980Delhi215
..... i may state at the outset that the defendants never applied for cancellation of the registered design of the plaintiffs, in respect of the electric toaster, section 2(5) of the designs act, 1911 defines 'design' which is as under : 'design'means only the features of shape, configuration, pattern or ornament applied to any article by any industrial process or means, 'whether manual, mechanical or chemical, separate or combined, which in the finished ..... 2 of the trade and marchandise marks act, 1958 or property mark as defined in section 479 of the indian penal code'. ..... 4(35) so far as statutory remedy under section 53 of the act is concerned, it does not talk of remedy by rendition. ..... 51-a and 2(5) of the patents and designs act, it appears that a subsequent design should be self same or identical design registered earlier ..... under section 46(3) of the act, the register of designs shall be prima facie evidence of ..... section 53 of the act prohibits piracy of a registered ..... section 43 of the act contemplates applications being filed by any person claiming to be the proprietor of a new or original design, not previously published in india, to apply for registration of the design and the controller grants certificate under section 45 of the act. ..... apart from distinctive features of the electric toaster of the plaintiffs, the shpe, configuration, upper view and side view of the plaintiffs' toaster are new and original and protected under the designs act, 1911 (hereinafter called 'the act'). .....
Tag this Judgment!Court : Delhi
Reported in : 7(1971)DLT371
..... conferred on him was not by a local government, but by the central government itself and was specifically saved by section 645 of the companies act 1956 (7) the learned counsel for the appellant further contended that the notice required to be served under section 434 of the act could not help the respondent as he had not taken out execution of the decree passed in his favor, which he was required to ..... the central government under sub-section (2) of section 10 by notification, can empower any d strict court to exercise all or any of the jurisdiction conferred by the said act upon the court, except the jurisdiction conferred by section 425 to 560 and the other provisions relating to winding up of companies, in respect of the companies with a paid up sliaire capital of ..... was found to have duly served the appellant company with a three weeks notice as required by section 435 of the companies act, 1956 it was also found that the appellant comapny had not paid the amounts of the deecress passed against it in ..... has served on the company by causing it to be delivered at its registered office, by registered post or otherwise, a demand under his hand requiring tie company to pay the sum so due and the company has for three vveeks thereafter neglected to pay the sum or to secure or ..... same objection again even otherwise, a notification had been issued under section 3 of the indian companies act, 1913 empowering the district judge to entertain proceedings under the indian companies act, 1913. .....
Tag this Judgment!Court : Delhi
Reported in : (1980)17CTR(Del)177; [1980]123ITR354(Delhi)
..... , on the facts and in the circumstances of the case, the tribunal was right in holding that the action of the income-tax officer in initiating proceedings under section 23a of the indian income-tax act, 1922, by his notices dated 15th december, 1964, and 15th january, 1965, in the names of merchandise and stores ltd. ..... in this case, the appeal before the tribunal had arisen out of assessment orders of the income-tax officer at meerut which was in the state of uttar pradesh and, thereforee, it was the allahabad high court to which the reference should have been ..... basis adopted (in the tribunal's standing orders) for determining the jurisdiction of the bench of the tribunal was more appropriate than the basis adopted by section 64 of the indian income-tax act, 1922, for determining the jurisdiction of an income-tax officer. ..... he pointed out that in the case of individuals, firms and associations of persons and joint hindu families, the act contained specific provisions enabling assessment on the legal representatives of the deceased individual, the erstwhile partners or members of a dissolved partnership or association of persons and on the erstwhile members of a joint hindu family which had been ..... the high court came to the conclusion that the jurisdiction of the officer to rectify the assessment had to be traced to section 35 of the indian i.t. ..... the charitable trusts are persons within the meaning of explanationn 1(b)(iii) of section 23a of the indian income-tax act, 1922 ? 3. .....
Tag this Judgment!