Court : Delhi
Reported in : ILR1972Delhi475; [1973]32STC113(Delhi)
..... as delegation simplicities was not envisaged and accordingly it was for this reason that their lordships of the supreme court in the delhi laws act (supra) (s) sustained the first portion of section 2 of the part 'c' states (laws) act and declared ultra virus the latter portion of the section which empowered the central government to make provision in any enactment extended to a part 'c' state for repeal or amendment of any law (other than a central act) which was for the time being applicable to that part 'c' state. ..... (32) according to the learned counsel, after the bengal act was extended in 1951 it became the law in delhi and it was only the delhi state assembly or parliament which could amend the act, and the central government cannot fall back on the provisions of either of the part 'c' states act or the union territories act to make sweeping changes in the bengal act so as to change the very act. ..... the state of punjab and others (with other connected appeals), : [1967]3scr557 , a contention was raised that section 5 of the east punjab general sales tax act, 1948 was still-born and was void on the ground that it conferred essentially legislative power on the provincial government and that act no. .....
Tag this Judgment!Court : Delhi
Reported in : 9(1973)DLT191; 1973LabIC771
..... parkash chand jain, that the principle that a fact sought to be proved must be supported by statements made in the presence of the person against whom the enquiry is held and that statements rnade behind the back of the person charged are not to be treated as substantive evidence,,is one of the basic principles which can not be ignored on the mere ground that domestic tribunals are not bound by the technical rules of procedure contained in the evidence act. ..... it is stated that by not producing the material primary evidence for the non-production of which ..... dated 29th of july, 1968 before the enquiry officer and one of their main grievance was that the prosecution had relied upon the alleged statement of ram kishan bhardawaj though it failed to produce him as a witness to corroborate the story of the prosecution and thus the workmen had been denied opportunity to cross-examine him again in reply to the show cause notice issued to the workman the same grievance had been reiterated as is clear from the reply filed by prabhu dayal wherein ..... punjab and a other. .....
Tag this Judgment!Court : Delhi
Reported in : 9(1973)DLT44; 1973RLR279
..... both the punjab tenancy act and the agra tenancy act were repealed by section 2 of the act. ..... according to the preamble of the act, the purpose of the act was 'to create uniform body of peasant proprietors without intermediaries and for the unification of the punjab and agra systems of tenancy in force in the state of delhi etc. ..... it may be recalled that the preamble of the act runs as follows:- 'anact to provide for modification of zamindari system so as to create an uniform body of peasants proprietors without intermediaries, for the unification of the punjab and agra systems of tenancy laws in force in the state of delhi and to make provision for other matters connected therewith. ..... '(20) this would show that the object of the act was to modify the zamindari system, unify the punjab and agra systems of tenancy laws and also to make provision for other matters connected therewith. ..... this did not mean that the tenant was intended to be converted e into an owner, but, merely that the tenant got a security of tenure similar to that held by an occupancy tenant under the punjab tenancy act, 1887 and similar to that which an owner might have possessed earlier. .....
Tag this Judgment!Court : Delhi
Reported in : 9(1973)DLT180
..... in other words, the provisions in section 6 of the general clauses act regarding the effect of repeal of a statute will not apply if the repealing act contains in itself a provision or provisions regarding the effect of the repeal, i e. ..... singh, learned counsel for the petitioner, contended that it is the limitation act of 1908 (hereinafter referred to as the old act) that applies to the case and not the limitation act of 1963 (hereinafter referred to as the new act), that under article 182 of that act the second execution application should have been filed within three years from 27th july, 1966, on which date the first execution application was dismissed as unsatisfied, and that since the second execution application was filed on 9th january, 1970, ..... june, 1970, the additional judge of the small cause court held that the limitation act of 1908 was repealed and limitation act of 1963 came into force with effect from 1st january, 1964, that according to the new limitation act the period of limitation for taking out execution was 12 years, that there was no need for filing an execution application within three years as was required under article 182 of the limitation act, 1908, and that the second execution application ..... (12) in the punjab national bank's case, a decree was passed on 16th february, 1949 after a number of execution petitions which were ultimately abandoned, a payment was made by the judgment debtor on 20th july, 1962 ..... bhago and punjab national bank ltd v hind textile .....
Tag this Judgment!Court : Delhi
Reported in : 1973CriLJ512; ILR1972Delhi189
..... , as he then was, examined sections 13 and 15 of the east punjab urban rent restriction act of 1949 and held that neither the controller nor the appellate authority under that act was a civil court within the meaning of section 476 of the code, but he did not deal with section 195 thereof. ..... (18) section 57 of act 59 of 1958 by which act 38 of 1952 was repealed provided that all suits and other proceedings pending at the commencement of the act were to be continued and disposed of in accordance with the preceding act. ..... both section 37 of the indian income-tax act and section 36 of act 59 of 1958 expressly give specified powers of the civil procedure code to the authorities mentioned therein but the conspicuous proximity is where section 36(2) of the act like section 37(4) of the income-tax act provides that:- 'anyproceeding before the controller shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the indian penal code (45 of 1860), and the controller shall be deemed to be a civil court within the meaning of section 480 and section 482 of the code .....
Tag this Judgment!Court : Delhi
Reported in : ILR1973Delhi227; [1973]91ITR579(Delhi)
..... the clause reads :- 'notwithstandingthe repeal of the indian income-tax act, 1922 (hereinafter referred to as the repealed act):- (a) where a return of income has been filed before the commencement of this act (the new act) by any person for any assessment year, the proceedings for the assessment of that person for that year may be taken and continued as if this act had not been passed. ..... kirpal, counsel for the assessed, however submitted that it is not open to us to treat the order purported to have been passed by the income-tax officer under section 154 of the new act as one under section 35 of the old act, that the income-tax officer invoking the powers conferred on him under the provisions of the new act in respect of the assessment years in question, will be acting without jurisdiction and that any such order passed by him cannot be validated by treating the same as one passed under the old act. ..... income-tax, special circle, ambala was relied upon by a division bench of the punjab high court in commissioner of income-tax, patiala v. ..... the case decided by the punjab and haryana high court in 82 itr 243 was distinguished on the ground that the case did not relate to rectification. .....
Tag this Judgment!Court : Delhi
Reported in : [1973]92ITR312(Delhi)
..... (2) notwithstanding the repeal of the indian income-tax act, 1922 (xi of 1922) (hereinafter referred to as the repealed act),-- (a) where a return of income has been filed before the commencement of this act by any person for any assessment year, proceedings for the assessment of that person for that year may be taken and continued as if this act had not been passed ;......... ..... similarly, in the case of hira lal jagarnath prasad a division bench of the allahabad high court held that the petitioner became entitled to refund by virtue of the answer given by the high court and by virtue of the consequential order of the tribunal and as the dates, on which these orders were made, were after the 1961 act came into force, the refund fell due after the commencement of the new act and the provisions of the new act relating to refund would apply in supersession to the provisions of the old act. ..... the supreme court has ruled that the provisions of a statute cannot bar the jurisdiction of the high court under article 226 of the constitution, for that is a power conferred on the high court under the constitution (custodian, evacuee property, punjab v. .....
Tag this Judgment!Court : Delhi
Reported in : [1973]43CompCas376(Delhi); ILR1973Delhi752
..... abrol and company private limited, which was ordered to be wound up by an order dated august 19, 1966 of the circuit bench of the punjab high court at delhi, on a petition dated march 4, 1966, filed for this purpose. ..... of its branches in india); (c) any application made under section 391 by or in .respect of the company; (d) any question of priorities or any other question whatsoever, whether of law or fact, which may relate to or arise in course of the winding up of the company; whether such suit or proceedings has been instituted or is instituted, or such claim or question has arisen or arises or such application has been made or is made before or after the order for the winding up of the company, or before or after the commencement of the companies (amendment) act, 1960. ..... thereforee, governed by article 14 of the schedule to the limitation act, 1963, under which the limitation was three years from the date of the delivery of the goods. ..... (1) the only question involved in this case at this stage is, whether an application made by the company in liquidation under section 446(2)(b) of the companies act, 1956, against one of its former customers for recovery of price of goods sold to him before it was ordered to be wound up, is not governed by the limitation act: (2) these proceedings arose during the course of winding up of r. c. .....
Tag this Judgment!Court : Delhi
Reported in : (1974)IILLJ243Del
..... c-108/alc/(4)/ 68-lab, dated the 19th november, 1968, whereby the dispute about the entitlement of bihari lal, (herein to be called the workman) to pay provident fund, bonus and allowances as admissible to the checkers of the company was referred for adjudication to the additional industrial tribunal (herein to be called the tribunal) is ultra virus of the industrial disputes act, 1947 (herein to be called the act) and that the award dated the 2nd april, 1971, made by the tribunal as published in delhi gazette, part vi, dated the 3rd june, 1971, be quashed.2. ..... in that case the supreme court while examining the scope of section 12(5) of the act observed ;it may for instance be open to the government in considering the question of expediency to enquire whether the dispute raises a claim which is very stale, or which is opposed to the provisions of the act, or is inconsistent with any agreement between the parties, and if the government comes to the conclusion that the dispute suffers from infirmities of this character, it may refuse to make the reference. 34. ..... some of the share-holders in october, 1960, filed a petition in the punjab high court under the indian companies act. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1973Delhi905
..... employees, state insurance corporation , a division bench of the punjab high court had occasion to consider the question and declined to go to the length to which the bench in the ram kanwar's case went and held that there was nothing in the statute of limitation to debar a court, while considering the provisions which confer a discretion on the court to condone delay in a given case, as a matter of law, from drawing distinction between a private individual and government and observed as follows :- 'it is obvious that a private individual has only ..... one which merely states that he had read the application as also the application under sections 30 and 33 of the act and being acquainted with the facts and circumstances leading to the disputes between the parties and having acquainted himself with the relevant records, he was in a position to say that the facts stated in paras i to 10 of the application were borne out from the official records relating to the case which was believed by him to be true and that paras 11 to 13 of the application were based on legal advice. .....
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