Court : Delhi
Decided on : Oct-27-1978
Reported in : ILR1979Delhi346
Avadh Behari Rohatgi, J. (1) This is a claim against the Railways. The plaintiffs, Life Insurance Corporation of India and Lakshmi Udyog (Udyog) have brought this suit for the recovery of Rs. 53,722.50 against the Union of India and the Railways on account of the loss of goods. (2) Three cases of printing machinery were booked at Wadi Bunder, Bombay on 19th December, 1967 for Varanasi. The Railways issued a railway receipt to the consignor of the goods. On their arrival at Varanasi on 24th January 1968 the goods were offered for delivery to the consignee. The consignee asked for open delivery. Open delivery was given to him. Out of three cases one case was found broken and contents missing. The remaining two cases were in sound condition. Within six months a claim for loss was lodged with the Chief Commercial Superintendent. The Railways repudiated the claim. On 26th February 1971, after serving a notice under s. 80 Civil Procedure Code ., the present suit was brought against the Railw...
Tag this Judgment!Court : Delhi
Decided on : Aug-21-1978
Reported in : AIR1979Delhi108; ILR1978Delhi762
Avadh Behari Rohatgi, J. (1) These are 130 writ petitions filed by the New Delhi Municipal Committee (the Committee). All these writ petitions raise a common question of law about the interpretation of s. 67 of the Punjab Municipal Act 1911 (the Act). I shall take the facts of C.W. No. 860 of 1969 as fairly representative of these writ petitions. (2) The first floor and barsati of property No. 162 Golf Links, New Delhi bearing No. IV-P/Q-178 was assessed to house-tax at an annual value of Rs. 4716.00 less ten per cent for repairs for the year 1966-67 and for the years immediately preceding thereto on the basis of actual rent paid by the tenant in occupation of the said premises. Sometime at the end of 1967 it came to light that there had been a change in the tenancy with respect to the first floor and the barsati of the said building and the same had been let out at an increased annual rent of Rs. 7800.00 with effect from 1st May, 1963. Consequently, the Committee passed a resolution d...
Tag this Judgment!Court : Delhi
Decided on : May-01-1978
Reported in : 1979CriLJ290
ORDERR.N. Aggarwal, J.1. The facts relevant for the decision of this petition are these : on 1st May, 1967, Food Inspector M. M. Kathpalia had purchased a sample of gold spot (carbonated water) for analysis from the late Shri Greesh Chand Mathur who had kept the said article of food for sale as Manager of D. T, U. Employees Cooperative (Head Office) Canteen, Indraprastha Estate, New Delhi. On analysis the sample was found adulterated due to metallic contamination and presence of extraneous insoluble matters. On receipt of the report of the Chemical Analyst the Municipal Prosecutor filed a complaint under Section 16 of the Prevention of Food Adulteration Act (briefly 'the Act') against the following persons:1. Shri Greesh Chand Mathur, Manager, D.T.U. Employees Head Office Cooperative Canteen, Indraprastha Estate, (Died during the trial).2. Shri G.S. Gujral, Salesman, Delhi Bottling Company Private Ltd.3. Parle Bottling Company Pvt. Ltd., Bombay.4. Delhi Bottling Co. Pvt. Ltd., New Delh...
Tag this Judgment!Court : Delhi
Decided on : Oct-12-1978
Reported in : 16(1979)DLT266; ILR1979Delhi601; 1979RLR497
..... acts like the delhi municipal corporation act and the punjab municipal act. they naturally provide wide powers to these local authorities to efficiently discharge their civic functions, these also include certain powers to acquire and manage property. the 1937 rules relate only to the lands the ownership of which vests in the government. section ..... j. (b) it was not contended before us that the 1894 and 1957 acts are not applicable to the delhi cantt. area the former has application throughout the territory of india. s. 1(2) of the letter extends its ..... petition, it is submitted that the averments made therein pertain to the insurance of various notifications, provisions of cantonment act, 1924, and indian works of defense act. 1903. but in so far as the land in dispute is concerned it is submitted ..... s. 4 or s. 6 of the act. we have, however, no doubt that the government will, before disposing of the sites, have a scheme for their disposal.'(43) we shall next refer to munshi ..... act, 1955 passed. 1956 the t.p.o. prepares an interim general plan (i.g.p.). in pursuance thereof about 3,000 acres of land were notified under section 4 of the 1894 act ..... life and property when fires occur ; (p) maintaining and developing the value of property vested in, or entrusted to the management of, the board ; and (q) fulfillling any other obligation imposed upon it by or under this act or any other law for the time being in force.section 117 outlines certain discretionary functions of the board. this section .....
Tag this Judgment!Court : Delhi
Decided on : Jan-25-1978
Reported in : ILR1978Delhi515
..... act of 1924 creates a statutory corporate body known as the cantonment board. its duties and discretionary functions are laid down in ss. 116 and 117 of the act. now the cantonments act 1924 has an important section on the subject of acquisition of immovable property. s. 110 of that act ..... lands under defense'. the interim plan was framed in september 1956. it was the precursor of the statutory master plan. at ..... and unifying common interest. only in a healthy environment, life for the common man can become varied, rich and ..... act 1957 (the act) and the master plan (the plan) framed there under have no application to the cantonment areas and, thereforee, the acquisition is without authority of law.(4) in order to appreciaie the point at issue it is necessary to examint the act and the plan.(5) delhi is the metropolis of india. in 1957 the legislature passed the delhi development act 'to provide for the development of delhi according to plan,' as the preamble says. the act set up a corporate ..... insurance society ltd. . the second principle is that if a statute directs a thing to be done in a certain way that thing shall not, even if there be no negative words, be done in any other way. if a statute directs a statutory authority to exercise its powers in a particular manner it must be exercised only in that manner and none other. this principle is illustrated by the decision in .(43) a combined effect of the said two principles may be stated thus : a general act must yield to a special act .....
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