Court : Delhi
Decided on : Feb-14-1967
Reported in : 1968CriLJ1268; 3(1968)DLT15
..... refuses to live with her husband, or if, they are living separately by mutual consent.' in applying the above provision of law the learned additional sessions judge took the view that the parties were living separately by mutual consent. the court below, however, overlooked the aspect that shrimati kamla was of unsound mind ..... additional district magistrate, amar nath kapur was nto entitled to claim any maintenance for shrimati kamla. question, in the circumstances arises, as to whether the act of amar nath kapur bringing shrimati kamla to his house in pursuance of the said order disentitled him to claim any maintenance for her from the respondent. ..... contributed rs. 150 per mensem. on 21st february 1961 the additional district magistrate of delhi passed the following order, presumably under section 33 of the indian lunacy act, 1912, in the presence of amar nath kapur and the respondent:-- 'the letter received from the medical superintendent, mental hospital, ranchi, has been shown to .....
Tag this Judgment!Court : Delhi
Decided on : Feb-23-1967
Reported in : AIR1967Delhi73
..... the learned counsel for the union of india and the collector of central excise and land customs is right in his contention that the learned single judge while pronouncing on the legality of the penalty imposed overlooked the fact that the charge against beopri ml was that he in collusion with the two railway ..... the material before him, the collector could have drawn the inference that the constables were attempting to export indian currency into pakistan, this is what the learned judge observed:'the question that really presented considerable difficult is whether the sale-proceeds were brought from jodhpur to barmer. they were recovered at barmer. the persons ..... the learned judge observed.' if smuggled gold was recovered the collector could have, under the law confiscated the same. there seems to be no reason why the money which represents the proceeds of their gold cannto be confiscated..'we think that this conclusion ignores the language of section 167(8) of the sea customs act. that .....
Tag this Judgment!Court : Delhi
Decided on : Feb-17-1967
Reported in : AIR1968Delhi79
..... 1) the marriage of the appellant with the respondent has been declared a nullity be the additional district judge of delhi in pursuance of an application under section 12 of the hindu marriage act, 1955 (to be hereinafter referred to as the act) made by the respondent. the complaint of the respondent was that the appellant was imptoent at the time ..... of marriage and continued to be so until the institution of the proceedings. that case has been accepted by the trial judge. the decision of the trial ..... inadequate. there is no issue on that point. that contention does nto appear to have been taken either during the trial of the case of before the learned single judge. such a plea cannto be entertained at this state. we have gone through the pleadings. even on merits we see no substance in that contention.(7) the .....
Tag this Judgment!Court : Delhi
Decided on : May-05-1967
Reported in : AIR1968Delhi233
..... on such default, the original contract is thereby rescinded, but this does nto prejudice any claim for damages which the seller may have under the law. section 60 of the act, dealing with repudiation of contract before due date provides that when either party to a contract of sale repudiates the same before the date of delivery, the toher party may ..... us for purchasing or selling any of the aforesaid goods'.this ntoe apparently refers to the various articles mentioned on the margin for which gobind ram singhania seems to be acting as selling agent. exhibit p-9 is a telegram of the same date dispatched at 9-40 a. m., conveying the following message:-'reference phonic offer sold one tank ..... agreement with the subordinate judge trying the suit, had observed that the unpaid seller had two rights, viz., a right of re-sale under section 54(2) of the act and an independent right under section 55 of the act to sue for the price of the goods and that it was open to him to sell the goods, but to sue .....
Tag this Judgment!Court : Delhi
Decided on : Nov-08-1967
Reported in : 5(1969)DLT483
..... of the authorities. the learned counsel for the petitioners admitted that the petitioners filed an application under section 18 of the land acquisition act (annexure r-4), before the court of the district judge. but he also pointed out that it was specifically stated in the said petition that the petition was presented without prejudice to the ..... will be to the convenience of all concerned and would serve the interests of justice.' it has to be ntoiced that the learned judge laid emphasis on the proceeding and the order under the land acquisition act being a single one though affecting a large number of persons. (29) thus, in view of the recent decisions of the ..... rao, c, j. and srinivaschari, j. held that the petitioners were aggrieved by a single act of the collector, and a common question of law and fact arose, and, thereforee, a single application was maintainable, la that case, the learned judges, declining to follow a full bench decision of the high court of patna in collector of monghy .....
Tag this Judgment!Court : Delhi
Decided on : Oct-20-1967
Reported in : AIR1968Delhi170; [1968]38CompCas165(Delhi)
..... no shares can be alltoted to a minor, can a registrar under the act refuse to accept a return which discloses that shares have been alltoted to a minor? (3) the learned judge answered the first question against the appellant-company on the ground that under section ..... 41 of the said act a person can be a member of a company only if he agrees ..... to do so in writing and since a minor cannto enter into a contract, no alltoment can be made in favor of a minor. it was, however, nto disputed before the learned single judge ..... shares devolve upon him by operation of law, or by inheritance, or by transmission. on the second question, the learned single judge decided that regulation 17 (2) was of sufficient amplitude and entitled the registrar to decline the registration of the return. 3. .....
Tag this Judgment!Court : Delhi
Decided on : Oct-30-1967
Reported in : AIR1968Delhi162; 4(1968)DLT458
..... or proceeding.(ii) that suit or proceeding must relate to any claim to composite property.(iii) the competent officer must be empowered by or under this act to decide such claimunless all these three conditions are cumulatively satisfied, section 20(1) will have no application and the jurisdiction of the civil court will nto ..... , on appeal. it is against these orders, the present civil revision petition has been filed under section 115, code of civil procedure.(3) section 2(b) of the evacuee interest (separation) act, 1951 (hereinafter referred to as the act), defines the word 'claim' as follows:-'claim ..... that act barred the jurisdiction of civil courts in respect of the suits like the present one. the trial court accepted the plea of the custodian and directed the return of the plaint for presentation to the proper authority and this decision of the trial court was affirmed by as an additional senior subordinate judge, delhi .....
Tag this Judgment!Court : Delhi
Decided on : Feb-28-1967
Reported in : 3(1967)DLT243
..... trial on the facts and circumstances of the present case. it is unfortunate that the prosecuting counsel should nto have brought to the ntoice of the learned additional sessions judge that basant lal, who had appeared as a witness in the commitment court and had given a somewhat different version of the cause of quarrel between the accused and ..... of seelampur and snatched the knife from suresh. this witness was nto declared hostile by the prosecution. hewas,however , produed in the court of the learned additional sessions judge at the trial of the accused. it is urged byssri tandon that the accused was too poor to engage a counsel of standing, with the result that he was ..... prosecution case, had a brtoherly affection for smt. maya devi, wife of the deceased, and it was his concern for her which apparently drove him to this drastic unfortunate act. the accused is stated to be 18 years old, though he appears to be a couple of years older. nevertheless, we do apprehend that this young boy may .....
Tag this Judgment!Court : Delhi
Decided on : Nov-21-1967
Reported in : 3(1967)DLT704
..... below. result is that their lordships are invited to decide the matter without the assistance of.any observations bearing on it in the judgments of the learned judges of the supreme court; and such allusions as are made to it in some of the judgments in the court of appeal of manitoba certainly do nto ..... should, as as general, permit amendments whith maybe necessary for determirimgtherealiquestion 'in controversy-between, the. parties. power of allowing amendment of -pleadings in the proceedings 'under the act 'has .also-been direc.tly recognised by a bench of this court in mst. sardar begum v. jagdish chand bhandan, but this power, it must nto be forgtoten, ..... unless the respondent 1s buth an owner and a landlord, according to shri safeer's submission, he cannto initiate proceedings for eviction under section 14(8) of the act. if exhibit p. 6 is ruled out as inadmissible then there is no reliable documentary evidence proving the respondent's ownership, argues shri safeer. (11) this .....
Tag this Judgment!Court : Delhi
Decided on : Feb-15-1967
Reported in : AIR1968Delhi219
..... court in : [1950]1scr536 , held that though the order of the revenue board to make reference to the high court under section 57 of the indian stamp act. the learned judges pointed out that the decision of the supreme court is ample authority for the position that in an appropriate case, the high court can and ought to issue a ..... question, and that it was a proper case in which the revenue-authority ought to have exercised its power under section 57 of the act and referred the matter to the high court. apparently, the learned judge, mehar singh, j., felt that instead of dealing with the merits of the case in exercise of the writ jurisdiction under articles 226, ..... spite of the request; and 4. that the chief controlling revenue-authority cannto make a reference under section 57(1) of the act unless the case was pending before it, and that the learned single judge erred in holding that a direction in the nature of mandamus should still be issued to the said authority requiring it to make a .....
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