Court : Delhi
Decided on : Oct-09-1967
Reported in : AIR1968Delhi264; 4(1968)DLT444
..... air1959sc577 upheld the plea of absolute ownership of a daughter possessed of property gifted to her by her widowed mtoher at the commencement of the act. in our opinion, the view taken by the learned single judge was quite correct and in consonance with the law as enunciated by the supreme court.(8) now, a few words about the full bench ..... a sale. following this full bench decision. mst. mukhtiar kaur's plea of absolute owner ship was repelled . in our view. the decision of the learned single judge runs counter to the real ratio of the two supreme court decisions and the case of a donee-daughter acquiring property from her widowed mtoher, clearly falls within the purview ..... who is in possession of the gifted property on the date of commencement of the said act, becomes a full owner of the gifted property with effect from the said date of commencement.(12) the case will now go back to the learned single judge for disposal in accordance with law and in the light of the observations made above. .....
Tag this Judgment!Court : Delhi
Decided on : Apr-06-1967
Reported in : [1968]68ITR159(Delhi)
..... of greater value than that for which it was bartered. i appreciate the strength of this argument, and i am nto surprised at the perplexity in which the judges have found themselves, but the wholly different character of the businesses, the uncertainty of values in dealing with a traders stock, and the probability that articles exchanged in ..... the 744 bonus shares, alltoted to the minor, could be included in the ttoal income of the assessed under section 16(3) (a) (iv) of the income-tax act. dealing with that question, shah j. observed thus :&quto;.... in our judgment, the source of the dividend income from the bonus shares is nto the assets transferred but ..... biscuit co. ltd., calcutta, belonging to the assesseds wife is assessable in the hands of the assessed under section 16(3) (a) (iii) of the indian income-tax act, 1922 ?&quto;the facts material for the purpose of deciding this reference are these :on november 10, 1942, the assesseds wife, smt. kailashwati khanna, purchased out of her .....
Tag this Judgment!Court : Delhi
Decided on : Dec-13-1967
Reported in : 4(1968)DLT61
..... and also to some payment of a substantial amount in lieu of which the plto in question was releaaed in favor of the lessees. the finding of the learned district judge may hereby reproduced in his own words :- 'asi have stated above, the vorious factors mentioned clea.rly show that the respondent who kept quiet over the continuous possession of ..... where it did, or there has been material irregularity or illegality' in the exercise of that jurisdiction. the right there is confined to jurisdiction and jurisdiction alone. in toher acts, th? power is nto so limited, and the high court is enabled to call for the record of a case to satisfy itself that the decision therein is according to ..... of first instance. on receipt of the report this revision would be set down for hearing. (10) parties are directed to appear in the trinl court on 8th january, 1968 when antoher short date would be given for production of evidence. the report should be submitted to this court by the middle of february .....
Tag this Judgment!Court : Delhi
Decided on : Jul-19-1967
Reported in : AIR1969Delhi120
..... be paid at the rate of 4 per cent per annum. the amount decreed may be paid on or before 1-1-1968 and failure to do so would render the mortgaged property liable to sale as required by order 34, code of civil procedure. ..... can be effected only by registered instrument signed by the mortgagor and attested by at least two witnesses.adverting to the indian registration act, the relevant clause for our purpose is section 17(1)(b) which provides for compulsory registration for non-testamentary instruments which purport ..... that in such a case the document which constitutes the bargain regarding security requires registration under s. 17 of the indian registration act, 1908, as a non-testamentary instrument creating an interest in immoveable property where the value of such property is hundred rupees and ..... .j. 1. this is a plaintiffs' appeal directed against the judgment and decree of a subordinate judge 1st class, delhi, dismissing the plaintiffs' suit for the recovery of rs. 15,900/- comprising of .....
Tag this Judgment!Court : Delhi
Decided on : Sep-15-1967
Reported in : AIR1969Delhi3; 4(1968)DLT407
..... terms of that see ion which provide that no civil court shall entertain any question thereforee mean that it cannto, after the constitution of the tribunal under the act take cognizance of a suit or toher proceeding in respect of such claims. if before the constitution of the tribunal the civil court had entertained a suit ..... the civil court has nto jurisdiction to entertain such claim. it was observed ; - 'the claims tribunal constituted under section 110-f (1) of the mtoor vehicles act has the exclusive jurisdiction to entertain claims even in respect of accidents that occurred before its constitution provided the remedy under the civil law is alive and nto barred ..... the plaintiffs has sustained bodily injuries the claim was triable by the claims tribunal. the jurisdiction of the civil court was barred under section 110-f of the act to entertain the claims of plaintiffs nos. 1 and 2. the contention, on behalf of the plaintiffs, was that the claims tribunal for the union territory of .....
Tag this Judgment!Court : Delhi
Decided on : Sep-15-1967
Reported in : 4(1968)DLT407a
..... , the terms of that section which provide that no civil court shall entertain any question thereforee mean that it cannot, after the constitution of the tribunal under the act, take cognizance of a suit or other proceeding in respect of such claims. if, before the constitution of the tribunal, the civil court had entertained a suit ..... and that the civil court has no jurisdiction to entertain such a claim. it was observed:'the claims tribunal constituted under section 110 of the motor vehicles act has the exclusive jurisdiction to entertain claims even in respect of accidents that occurred before its constitution provided the remedy under the civil law is alive and nto ..... the plaintiffs had sustained bodily injuries. the claim was triable by the claims tribunal. the jurisdiction of the civil court was barred under section 110-f of the act to entertain the claims of plaintiffs nos. 1 and 2. the contention, on behalf of the plaintiffs, was that the claims tribunal for the union territory of .....
Tag this Judgment!Court : Delhi
Decided on : Oct-09-1967
Reported in : 4(1968)DLT135
..... service with effect from 29th august 1952. this is pleaded to be an exparte order. the petitioner thereupon instituted a declaratory suit challenging the said order, the subordinate judge, kandaghat at simla, on 28th october 1963, decreed the suit for declaration, declaring the petitioner to be 'a permanent government sarvant with effect from 1st march 1930.' ..... decree-holder made an application in the lower court on 18 december 1964 for contempt of court proceedings which was disposed of by that court on 27th march 1968 with the obser- vation 'that it was thus incumbent on the plaintiff/decree holder to bring to the ntoice of the court some specific instances in which ..... was there any necessity for pasting a formal .order that the petitioner was a permanent government servant. indeed, no act or omission on the part of the respondents was brought to the ntoice of the subordinate judge even at the stag of arguments which deprived the petitioner of the benefits claimable by him as a result of .....
Tag this Judgment!Court : Delhi
Decided on : Aug-16-1967
Reported in : 1968CriLJ1265; 4(1968)DLT174a
..... will be very difficult to deliver speedy justice to the public.' a copy of this order was received in this court, having been forwarded by the learned district and sessions judge, mandi on 27-6-1967. pursuant to the orders made by s. k. kapoor, j., the present criminal original petition was registered and ntoices issued to shri bhawani singh and .....
Tag this Judgment!Court : Delhi
Decided on : Jan-09-1967
Reported in : 3(1967)DLT299
..... court below. i have indeed been influenced by the fact that the learned magistrate did nto attach due importance to the directions issued by the learned sessions judge and also that he had acted in violation of the directions contained in paragraphs 6. chapter 1--a. punjab high court rules and orders, vol. iii, which provide for speedy ..... for granting bail. after holding that this w as nto a fit case in which the petitioner should be released on bail pending trial, the learned session's judge proceeded to make the following observations :--'the magistrate, in whose court the case is pending will of course see that no undue delay takes place. the petitioner mentioned ..... that after the disposal of the earlier bail application, no new developments had taken place which would justify the admission of the accused to bail. apparently the learned judge did nto attach to the delay the importance it deserved the fact that the accused belongs to a respectable family and that there is no danger of his .....
Tag this Judgment!Court : Delhi
Decided on : Nov-23-1967
Reported in : 4(1968)DLT501a
..... of smt. parvati devi, 1966 dlt 256=air 1965 pun 256, the division bench had dismissed a letters patent appeal which would show that the learned single judge of the punjab high court had also declined execution of the decree in that case. it is also ntoeworthy that the policy of the law considers refusal to ..... made by the government or the delhi development authority or the municipal corporation of delhi. they, indeed, took pains to observe that under section 19 of the aforesaid act, where alternative accommodation within the means of the tenant could nto be available, it was nto conclusively to be held that permission should be refused. now, looking ..... of india challenging the order made by shri r. k. baweja, judicial secretary, delhi administration, on appeal under section 20 of the slum areas (improvement and clearance) act, 96 of 1956, from an order of the competent authority, dated 14-9-1966, in disagreement with the order of the competent authority, granting permission to execute the .....
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