Court : Delhi
Decided on : Jun-26-1967
Reported in : 3(1967)DLT506
..... accordingly directed attar singh's examination by a civil surgeon of snowdon hospital. the case was in the circumstances adjourned to 18th october. 1966. on 6th october, 1968, the psychiatrist, h. p. state hospital snowdon, reported as follows :- 'returned in original with the report that shri attar singh son of thakur lachi ram ..... of the congress committee which was calculated to influence in a subtle manner the district magistrate in discharging his functions under the lunacy act. without commenting on the question whether the action of the officers of the congress committee was well-intentioned, in our opinion, it was certainly ill ..... law under which the president or the secretary of the pradesh congress committee, which is merely one of the several political parties functioning in this republic, acted in forwarding rankoo's application. indeed, the learned counsel has very fairly refrained from attempting to justify the action of the president or the secretary .....
Tag this Judgment!Court : Delhi
Decided on : Sep-05-1967
Reported in : AIR1969Delhi75; ILR1968Delhi41
..... court held that the suit was within the scope of sectio 72 of the travancore-cochin civil procedure code corresponding to s. 92, civil procedure code of india. the learned judges pointed out that the plaintiffs filed their suit on the strength of the authorisation granted by the representatives of the founders of the trust and in that ..... valid resignation, and consequently, the first plaintiff continued to be the trustee. he invited my attention to the principles contained in section 46 of the indian trusts act, which is as follows:'46. trustee cannto renounce after acceptance: a trustee who has accepted the trust cannto afterwards renounce it except (a) with the ..... was passed. two other circumstances may also support the conclusion that such a suit can be continued against the legal representatives.section 10 of the limitation act expressly contemplates a suit against the legal representatives of the trustee in respect of an express trust, for the purpose of following the trust property or .....
Tag this Judgment!Court : Delhi
Decided on : Nov-06-1967
Reported in : 1970CriLJ221; ILR1968Delhi353
..... from the accused, was adulterated and contained artificial coloring material in contravention of the requirements of the act. (3) aggrieved from this order, the municipal corporation moved the sessions judge for reference and the learned sessions judge. after hearing the parties, has recommended that the accused, having been found to be guilty under the ..... court held that even though in the case before the learned judges of the calcutta high court, it was provided that the sanitary inspector, who obtained the samples and sent them for examination, was nto specially authorised under the bengal food adulteration act to do so, he could still take the sample and ..... provisions of section 16 of the act, should have been awarded a minimum sentence of six months and a .....
Tag this Judgment!Court : Delhi
Decided on : Oct-25-1967
Reported in : 4(1968)DLT1
..... by reason of its tendency or its being calculated to interfere with the course of justice by prejudicing mankind against a party to a proceeding in court or by pre-judging the issue in such a proceeding, the alleged contemner must be shown to be aware of its pendency or of its being imminent. it seems to us to be a ..... hon'ble court, the respondents are, thereforee, guilty of contempt of the court and are liable to be punished under sections 3, 4 and 5 of the contempt of courts act, 1950 and under the inherent jurisdiction of this hon'ble court.' 2. in the writ petition (c. w. 448 of 1967) on the basis of the pendency of which ..... against shri des raj chowdhry, leader, congress party delhi municipal corporation and shri ranbir singh, chief editor,' milap daily', under sections 3, 4 and 5 of the contempt of courts act, 1950. this petition deserves to be reproduced in extenso :--'1. that shri kishori lal, a member of the congress party, in the municipal corporation of delhi, filed writ petition .....
Tag this Judgment!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 : Sep-20-1967
Reported in : [1968]69ITR598(Delhi)
..... custodian within the prescribed period by any such party thereto, or by any person claiming under or lawfully authorised by such party.(3) the custodian shall hold a summary inquiry into the application in the prescribed manner, and - (a) shall reject the application if the creation or transfer -(i) was or is prohibited under any law for ..... and use of the property, the original owner must still be treated as the owner minus the restrictions must necessarily be judged in the light of the provisions of the income-tax act. section 6 of the act describes six heads of income and the third head is &quto;income from property&quto;. the said provision shows that section ..... as to the effect of legislation, as in the united states of america, expressed in english in respect of a jurisprudence which is known to the english judges. and it may also happen occasionally that a foreign expert may arrive at results so extravagant and involving such a misunderstanding of conceptions familiar to lawyers of all .....
Tag this Judgment!Court : Delhi
Decided on : Aug-24-1967
Reported in : [1968]67ITR420(Delhi)
..... be regarded as essential to the acquisition of the plant and must be held to form part of the cost of the asset to the assessed. the learned judges further observed :&quto;on general principle there is scarcely any distinction between payment made to a supervisor who supervises the erection of a plant and the payment made ..... such buildings and machinery were acquired by the respondent company.&quto;after referring to the provisions contained in section 10 (2) (vi) of the indian income-tax act, 1922, the privy council pointed out that there cannto be any ambiguity with regard to the meaning of the provisions and the provisions talked of &quto;the original ..... &quto;building&quto;, the word &quto;building&quto; did nto include the land on which it is constructed. consequently, the relevant provisions of the indian income-tax act, make a distinction between the land on which a building is constructed and the building itself. thereforee, any general conception or ntoion of one nto being able to .....
Tag this Judgment!Court : Delhi
Decided on : Mar-02-1967
Reported in : AIR1968Delhi13a; 1968CriLJ50a
..... and were intended to injure their religious susceptibilities the application came up for hearing before a special bench of the punjab high court on 10th december 1962 and the learned judges held that the petitioner had an interest in the book in question and as such had locus standi to file the application. (4) before dealing with the respective ..... forfeited and to issue search warrants for the same, and reads as under- '(1) where- (a) any newspaper, or book as defined in the press and registration of books act, 1867 (25 of 1867), or (b) any document, wherever printed, appears to the state government to contain any seditious matter or any which promtoes or is intended to promtoe ..... feelings of enmity or hatred between different classes of citizens of india and the publication of which is punishable under section 153-a of the indian penal code (act 45 of 1860). now, thereforee, on the above-stated grounds and in exercise of the powers conferred by section 99-a of the code of criminal procedure .....
Tag this Judgment!Court : Delhi
Decided on : Jul-26-1967
Reported in : 3(1967)DLT553
..... sur)'it singh s/o smt. bhagwanti, my landlady and they stayed at star htoel, qutab road, delhi on 28th november 1965 in room no. 38. on inquiry, ample evidence will be available; to prove that the case against me is false and has been instituted at the instance of smt. bhagwanti and her sons shri prabh ..... disappointment with the manner in which the proceedings in the court below have been conducted. without saying anything more, i unhesitatingly accept the recommendations of the learned additional sessions judge and quash the proceedings under section 211, indian penal code, against smt. bhagwanti,shriprabhsingh and shri surjit singh (6) i should also like to draw the attention ..... do nto make one right, and, for a court of law and justice, to seek to punish some one, who may be considered to have committed an illegal act, by itself illegally assuming jurisdiction, is something which is unthinkable and can by no means be countenanced by this court. such a course of action defeats the very .....
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