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 : 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 : 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 : 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 : 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 : Aug-29-1967
Reported in : AIR1969Delhi220
..... be said that the appellant was entitled to be furnished with a copy of the report of the board of inquiry, the learned. judges made certain observations with regard to army instructions no, 212 of 1949. the learned judges pointed out that the only basis of the army instructions was a resolution of the government of india in ..... law or an executive decision could nto be stated by anyone.after surveying the position of the defense services under the different government of india acts and the constitution of india, the learned judges held that army instructions no. 212 of 1949 could nto be taken to be a 'law' within the meaning of article 372(1) ..... state transport appellate tribunal, madras air 1959 sc 896, with reference to the directions issued by the government of madras under section 43-a of the motor vehicles act. thus, a simple dichotomy between directions and instructions issued pursuant to statutory powers alone conferring rights on parties, capable of being enforced in a court of law and .....
Tag this Judgment!Court : Delhi
Decided on : Oct-09-1967
Reported in : AIR1968Delhi131; 4(1968)DLT4
..... while determining whether the conduct of a particular party amounts to an estoppel, could travel beyond the provision 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 ..... ultra virus and the proposition that there cannto be any estoppel against a statute can have application 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 1 which we have extracted already had prescribed as to who are eligible for admission to ..... to an admission of a student made in violation or breach of the provisions in ordinance i. 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 : 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 : 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 : 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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