Court : Delhi
Reported in : 1980RLR39
..... the appellants has referred me to har dial v. secretary of state, air 1923 lah 275 and narayandas daga v. ganpatrao, . these cases deal with letters patent appeal under clause 10 of the letters patent. they do not deal with the point raised before me. (10) it is then said that the powers of appellate court are the same as that of ..... procedure of the code of civil procedure.' (11) as a matter of legislative history it is useful to notice that before the amendment of s. 54 in 1921, an appeal lay to the high court ..... the original court. this is not true about procedure. part hi of the act provides for 'reference to court and procedure thereon'. s. 54 says : 'follow the .....
Tag this Judgment!Court : Delhi
Reported in : AIR1980Delhi165; 17(1980)DLT344; 1980(1)DRJ33; 1980RLR215
..... to subserve this special need. that this was so is clear from the statement of objects and reasons which from part of amendment act 1976 and lays down, 'that there has been a persistent demand for amendment to rent control act with a view to confer the right of tenancy of certain heirs of a deceased statutory tenant so that they may be protected ..... s case must apply with equal vigour even to an application brought under section 14(1)(e) of the rent act. in interpreting section 25a of the rent act in sarwan singh's case the court has thus to say that 'it is patent that by virtue of the first part of section 25a, the provisions of chapter iiia must prevail over the ..... provisions of section 54 of the delhi rent act. the reason is that to the extent to which section 54 saves the operation of the slum clearance act, it is inconsistent with the provisions of .....
Tag this Judgment!Court : Delhi
Reported in : 18(1980)DLT75; 1980RLR525
..... a certified copy at any time before the final hearing' when reference may be required to be made to it again. (30) it may be noted that by an amendment to order xli notified in the haryana government gazette of march 25,1975, applicable to punjab, haryana and chandigarh, the following provision was introduced in order xli: 'providedfurther that ..... rule 3 of the punjab and haryana high court rules and orders, vol. v chapter 2-g which provides as under : '3.no appeal under clause 10 of the letters patent will be recieved by the deputy registrar unless it is accompanied by three typed copies of the following : (a) memorandum of appeal; (b) judgment appealed from, and (e) ..... ................... thereforee, be held to act as a high court in accordance with the procedure laid down in order 42 read with the order 41 of the code of civil procedure. by an amendment of order 42 mad e by the punjab high court, adopted by this high court, it is necessary that, a certified copy of the order of the .....
Tag this Judgment!Court : Delhi
Reported in : 18(1980)DLT295
v.s. deshpande, j. (1) this is an appeal under section 10(1) of the delhi high court act, 1966, read with rule 103 of order 21 and section 96 of the code of civil procedure (the code), as amended in 1976. it is against the order of a learned single judge passed on the original side in execution proceedings. the ..... , shri sorabjee contends that the said full bench judgment is wrong and reads to be reconsidered so that his appeal may be entertainable under the relevant clause of the letters patent. this bench, however, in smt. shanta sabharwal v. smt. sushila sabharwal, : air1979delhi153 , has already held that the judgment of the full bench does not require reconsideration and also ..... from orders made by a judge of this court in exercise of the original civil jurisdiction would lie only under the code of civil procedure and not under the letters patent. (16) for the above reasons, the appeal is dismissed in liming as being not maintainable under rule 103 in view of rule 102 of order 21 of the .....
Tag this Judgment!Court : Delhi
Reported in : 18(1980)DLT490
..... patent appeal from the order of a learned single judge dated 11th august, 1972. (2) the real question in this appeal is whether 1/12th share of mst. badri jan, a muslim woman, in land was an evacuee property and had been validly declared as such by the authorities under the administration of evacuee property act, 1950, as it was subsequently amended by act ..... 32 of 1954 (the act). (3) these are the facts. one dina nath purchased a garden in village jhamunma and sadora khurd on april 10,1896 ..... support them. .(see anisminic ltd. v. foreign compensation commissien, 1969 a.c. 147). if a tribunal of enquiry misconstrues the provisions giving it power to act and determines the question of burden of proof erroneously which results insubstantial injustice it will be the duty of the court to correct the error. (11) the .....
Tag this Judgment!Court : Delhi
Reported in : ILR1980Delhi1139
..... show cause or does not give satisfactory reply a cancellation order should be passed. such an order should be speaking order recording the reasons. unless a demand for patent is made and an opportunity is given to make payment a person cannot be said to be in default. in this case, no such opportunity of making ..... in force but subject to any rules that may be made under this act, the managing officer or managing corporation may cancel any allotment or terminate any lease or amend the tarms of any lease of allotment under which any evacuee property acquired under this act is held or occupied by a person, whether such allotment or lease was ..... these powers with the powers of a private landlord under the transfer of property act. we feel that this approach and interpretation of the learned judge is patently erroneous. section 19 expressly states that these provisions were subject to the rules framed under the act. besides requirement of show cause notice is also provided in sub-sections 2 .....
Tag this Judgment!Court : Delhi
Reported in : 1981(8)ELT284(Del); ILR1981Delhi795
..... we have taken on the admitted facts, it is wholly unnecessary to consider the virus of the third proviso to section 4(a)(i) of the act.'(14) the case of atics after the amendment of section 4 came up for consideration before the gujarat high court in 1979 elt 513. it will be remembered that in this case the assesses company ..... sale which is the basis of determination of value of the goods .for the purpose of excise.'(9) these observations have not lost their relevance even after the amendment of section 4. this amendment was the consequence of the decision of the supreme court in the voltas case (supra). in that case the assessed company had effected direct sales to consumers ..... other: and (2) usha is a distributor of the assessed ?(7) so far as the first question is concerned, it appears to us. that the answer is obviously and patently in the negative. there is no material on record to indicate that usha and the petitioner are so associated with each other that they can be said to have an .....
Tag this Judgment!Court : Delhi
Reported in : [1983]54CompCas77(Delhi); ILR1981Delhi665
..... such application has been made or is made before or after the order for the ending up of the company or before or after the commencement of the companies (amendment) act, 1960. (3)any suit or proceeding by or against the company which is pending in. any court other than that in which the winding up of the ..... would be too large to leave any surplus that may fall into the hands of the official liquidator. another factor which may have influenced the official liquidator is the patent fact that the two decrees were not only consent decrees and were not challenged for a period of almost 20 years, the company, as indeed, the guarantors ..... and the official liquidator alone was competent to initiate appropriate procecdings, by a company and there was no averment that the official liquidator was the wrongdoer or was acting unreasonably in not initiating appropriate proceedings for the annulment of the decrees. it would be interesting to point out in this context that the bank is apparently the .....
Tag this Judgment!Court : Delhi
Reported in : 1981(2)DRJ232
..... agree with the petitioners that they were taken by surprise when for the first time ground in terms of section 23 of the rent act was taken in the present application without even amending the written statements. they are right in saying that both parties went to the trial on the supposition (ground) that the bar of ..... be treated merely as interlocutory order and the petitioner is entitled to contest this by a revision application if he is able to satisfy the court of a patent illegality or material irregularity. it may be necessary at this stage to note the averments of the respondents in their written statement because the trial court has ..... trial court cannot decide preliminary issue unless the said jurisdictional facts are established on evidence. (v) the plea of bar of jurisdiction under section 23 of the act is barred by principles of constructive resjudicata.(10) counsel for the respondent no. 1 opposed even the maintainability of the revision petition. he submitted that the order .....
Tag this Judgment!Court : Delhi
Reported in : AIR1982Delhi366; 20(1981)DLT225; 1982(3)DRJ12; ILR1982Delhi640
..... , no such appeal lay. (20) in that case the appeal before the privy council was under the land acquisition act, 1894 (as unamended. an amending acts, was passed in 1921 which amended s. 54 of the land acquisition act and provided for appeal to the privy council). the dispute was us regards the quantum of compensation. a preliminary objection ..... but then it appeared to us that these appeals were incompetent. we asked counsel for the parties to satisfy us if appeals lay under clause 10 of the letters patent. counsel addressed elaborate arguments on this point. (11) the single question is : has the owner whose property was requisitioned a right to prefer an appeal to ..... raise once again the question, which has been so often discussed and decided, namely, what is the meaning of the term 'judgment' as used in the letters patent. ever since the queen established the chartered high courts in the three presidency towns of calcutta, bombay and madras in 1865 this single term has vexed the judges for .....
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