Court : Delhi
Decided on : Dec-08-1967
Reported in : 4(1968)DLT338
..... court observed as follows: - 'if there is one principle of cardinal importance in the administration of justice, it is this: the proper freedom and independance of judges and magistrates must be maintained and they must be allowed to perform their functions freely and fearlessly and without undue interference by any body, even by this court. ..... cabin for making water, and the alleged phtoographs of thumb marks on the discovered packet of currency ntoes were completely ignored at the evidence stage. these i acts appear to have been mentioned in the challan simply to show a prima facie case against the accused. a proper investigation of the case, must, in my ..... on the grounds that they were wholly uncalled for, unjustified, unwarranted and irrelevant to the point in issue,that the said observations or remarks relate to some act, conduct and statements of the petitioners, that they were never brought to the knowledge of the petitioners and no opportunity was given to them to furnish their .....
Tag this Judgment!Court : Delhi
Decided on : Oct-20-1967
Reported in : AIR1968Delhi167
..... punjab high court in first appeal from order of shri m. l. verma, subordinate judge 1st class, delhi, made in the course of execution of an order made by a tribunal at amritsar under the displaced persons (debt adjustment) act, 1951 (hereinafter called the act). in order to understand the precise controversy giving rise to the question referred, it ..... on the basis of the majority view of a full bench decision of the punjab high court in prakash textile mills ltd. v. mani lal, . the learned single judge, however, distinguished the full bench decision and considering the ratio of two supreme court decisions in kiran singh v. chaman paswan, : [1955]1scr117 and iiira lal patni v ..... it holds it to be a nullity, in ledgard v. lord bull (1887) 9 all 191 lord watson, speaking for the board, observed as follows : 'when the judge has no inherent jurisdiction over the subject-matter of a suit, the parties cannto, by their mutual consent, convert, it into a proper judicial process, although they may .....
Tag this Judgment!Court : Delhi
Decided on : Dec-28-1967
Reported in : 4(1968)DLT412
..... suit in a civil court was competent and was nto hit by the provisions of the himachal pradash abolition of big landed estates and land reforms act (hereinafter called the act). the learned district judge, it may be pointed out, placed reliance for his decision on certain decisions of the lahore high court, especially the decision reported as buru ..... just going to be stated, that decision deals with a somewhat different statutory scheme. the judges held in the reported decision that a tenant, who has been dispossessed, can bring a suit for possession under section 50 of the punjab tenancy act within one year of the date of dispossession from the tenancy, and if he fails ..... be pointed out that out of the five judges constituting the full bench of the punjab high court, two judges were hesitant in agreeing with the view adopted by the toher three judges, but they did nto record their express dissent from that view. we may now consider the scheme of the act so far as, relevant, and, can reasonably .....
Tag this Judgment!Court : Delhi
Decided on : Oct-09-1967
Reported in : ILR1968Delhi364
..... while determining whether the conduct of & particular party amounts to an estoppel, could travel beyond the provisions of section .115 of the evidence act.'in view of this conclusion of the learned judge, it is unnecessary to pronounce any concluded opinion whether the students in these cases could be granted any relief on the ground of equitable estoppel ..... virus and the proposition that there cannto be any estoppel against a statute can have applicacation and reference only to such acts which are ultra vires. the basis of this conclusion of the learned judge is that clause 1 of ordinance i which we have extracted already has prescribed as to who are eligible for admission ..... to an admission of a student made in violation or breach of the provisions in ordinance 1. the learned judge has further held that an act which is ultra virus the statutory provision should be distinguished from an act which is only irregular and that where a statute authorises a body like the academic council to do a .....
Tag this Judgment!Court : Delhi
Decided on : Mar-28-1967
Reported in : AIR1968Delhi43
..... learned counsel for the appellants, has raised the following contentions: (i) the question of proper service of ntoice under section 34 of the said act being a question of jurisdiction, the learned single judge should nto have rejected the petition on the ground of the existence of an alternate remedy. (ii) the firm having been dissolved, as stated ..... is nto disputed on behalf of the appellants that the appellants had been and are still taking resource to the remedies provided under the act. in the face of these facts the learned single judge quite rightly declined to pronounce on the merits of the said contentions. that takes me to the last question, namely, the validity of ..... arises is whether those assessments made before april 1, 1952 can be reopened under s. 35 (5) of the act.'from the observation made by their lordships of the supreme court, it appears that 'the learned judges (of the high court) did nto permit the department to contend for the first time before them that inasmuch as .....
Tag this Judgment!Court : Delhi
Decided on : Mar-02-1967
Reported in : AIR1968Delhi283
..... itself purports to be an inclusive definition and if the section itself in its latter portion specifically preserves the larger powers and jurisdiction conferred upon the council to hold inquiries by s. 21. sub. s. (1), it would nto be right to hold that such disciplinary jurisdiction can be invoked only in respect of conduct falling ..... to the person charged with professional misconduct but in order that the evidence may relevantly bear on the particular issue and the evidence should be carefully taken and judged according to the ordinary standard of proof. in dogar mal amir chand v. p, a pleader, air 1930 lah 947, this privy council decision was followed ..... : air1937all506 it was observed that man's professional reputation is as valuable as a trader's financial reputation it being added that proceedings under s. 13, legal practitioners act though nto described as a prosecution., are something very akin to a prosecution. in emperor v. surjya narayan singh. air 1920 pat 84, a full bench of .....
Tag this Judgment!Court : Delhi
Decided on : Jul-14-1967
Reported in : AIR1968Delhi110; 4(1968)DLT3
..... an authority which can be of much assistance in the decision of the present case. as was recognised by the learned judges of rajasthan high court the main purpose of ss. 33 and 36 of the act is that the returning officer should be able to check readily that the proposer and the candidate fulfill the prescribed requirements and ..... amounted to a defect of a substantial character under section 36(4) of the representation of the people act, 1951 and whether the high court of madhya pradesh was right in holding that the returning officer ought to have held an inquiry under section 36(2)(a) and satisfied himself whether or nto the candidate was eligible to stand for ..... roll of different constituency and as such he is eligible for election naturally lies on the candidate himself. the inquiry which the returning officer is required to hold at the stage of scrutiny being of a summary nature, the act provides that the only way in which the candidate can establish this fact is that he should produce a .....
Tag this Judgment!Court : Delhi
Decided on : Oct-06-1967
Reported in : 4(1968)DLT82
..... of a division bench conferred by clause 10 of the letters patent of the punjab high court to entertain an appeal from the order of a learned single judge has expressly been reserved. the list between the parties for purposes of this case started when this court became seized of the jurisdiction. the letters patent appeal ..... filed this writ petition praying in effect for the issuance of a writ for quashing this order of the lieut. governor. the petition was dismissed by the learned single judge. (6) the learned counsel for the respondents placing reliance on garikapati veeraya v. n. subbiah choudhry has urged that this letters patent appeal is nto maintainable. the ..... of himachal pradesh is nto disputed. under sub-clause (2) of section 10 of the act it has specifically been provided that the law in force immediately before the appointed day relating to the powers of the chief justice, single judges and division courts of the high court of punjab and with respect to all matters ancillary .....
Tag this Judgment!Court : Delhi
Decided on : May-23-1967
Reported in : 4(1968)DLT321
..... these authorities, most of which were cited in argument, without going through them at greater length than is convenient to do here and comparing the language of different judges. each case deals with peculiar circumstances, and the endeavor of the court in each was rather to apply the statutory provisions to the case in hand than to ..... bombay, in which it is laid down that a reprint or selected passage from a noncopyright work may bean 'original literary work' within the meaning of the copyright act, 1911 and the subject of copyright there under. the head ntoe which gives us a clear clue to the decision is in the following terms :'theappellants published in ..... of which the present appeal arises was instituted by r. g. anand plaintiff-appellant in september, 1956. in the plaint, 18 points were stated to bring out the act of piracy committed by the defendants by infringing the plaintiff's copyright in the play 'hum hindustani.' the defendants had in fact adopted the plaintiff's play as the .....
Tag this Judgment!Court : Delhi
Decided on : Nov-06-1967
Reported in : AIR1969Delhi112; 4(1968)DLT6
..... as a liquidator. the winding up was subsequently brought under the supervision of the court by an order made by the then district judge delhi, on 26-3-1954 and dr. hardit singh continued to act as liquidator. on 25-4-1955 the liquidator settled the list of contributories and the examination of the managing director was also concluded ..... shri roshan lal in the year 1958 before shri h. r. khanna (now hon'ble mr. justice h. r. khanna of this court). the application remained under inquiry for two years till it was dismissed by an order dated 3-6-1960. the dismissal of this application was followed by a third application filed by shri kundan ..... himself and the real, substantial and honest interest of liquidation, which is the purpose for which the liquidator was appointed, can it be said that the learned district judge while ordering the removal of the appellant had kept these considerations clearly in view?38. after giving my anxious consideration to both these aspects and weighing carefully the .....
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