Court : Delhi
Reported in : AIR1967Delhi1
..... exceptions contained in sub-articles (2) to (6). art. 20 to 22 respectively guarantee to all persons prtoection in respect of conviction for offences, prtoection of life and personal liberty and prtoection against arrest and detention in certain cases. article 21 which directly concerns us has already been reproduced verbatim. under the heading 'right ..... petitioner. in (1958) 2 law ed (2d) 1204, the u.s. supreme court was directly concerned with the question whether the immigration and nationality act, 1952 and the act of congress of july, 3, 1926, authorised the secretary of state to withhold a passport because of the refusal of the applicants to file an ..... also suggested that if prohibition to enter the country necessarily means prohibition to go out, then such a prohibition has been lawfully provided by the indian passport act and thereforee, the petitioner has been deprived of this element of personal liberty, according to the procedure established by law. the challenge on the ground of .....
Tag this Judgment!Court : Delhi
Reported in : AIR1967Delhi58
..... justice must be held even by the court. the considerations in regard to diligence and good faith which weigh with the court in construing s. 5 of the limitation act may well afford helpful guidance in construing r. 4 as well. due care and attention should, thereforee, in my opinion, be a condition precedent for sustaining the plea ..... with the validity of this rule in so far as it fixes a period of limitation for preferring letters patent appeals different from that prescribed by the limitation act and no question was raised as to its virus in regard to the sole competence of the admitting bench to condone the delay. but be that as it ..... appellants' counsel and of his representative that leave had been refused, though it had actually been granted, constitutes sufficient cause within the contemplation of section 5 of the limitation act and also good cause within the contemplation of rule 4 of chapter i-a (a), punjab high court rules & orders, vol. v justifying condensation of delay by this .....
Tag this Judgment!Court : Delhi
Reported in : AIR1968Delhi283
..... doubt in the mind of the court that the offence has been committed, and the same standard ought to be applied to cases arising under the legal practitioners act. a special bench of the rajasthan high court in amar singh v. madanmohan, relied on the aforesaid decisions of the supreme court, privy council and patna high ..... : 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 that ..... . the information or explanationn requested in the letter dated 16-3-1959 was stated to be in accordance with the provisions of section 227 of the companies act and early compliance was requested. on 14-4-1959, the corporation acknowledged receipt of this letter and expressed willingness to co-operate and to supply full information .....
Tag this Judgment!Court : Delhi
Reported in : AIR1969Delhi220
..... section 9, civil procedure code. the reasoning was that the plaintiff in that suit was nto a civil servant, and thereforee, was nto entitled to the protection of section 240 of the government of india act or article 311 of the constitution and in regard to defense services, the law remained always the same, viz., that a person holds office ..... and nto intending to confer any rights on the civilian employees concerned? it may be that the civilian employees were nto entitled to the protection under section 240(3) of the government of india act, 1935 or article 311 of the constitution of india, but that does nto automatically mean that the government of india cannto extend the ..... reasons: that is, the authorities were under the impression that the persons to whom the said rules were applicable were entitled to the protection of section 240(3) of the government of india act, 1935 or of article 311 of the constitution or in the alternative that even though they did nto come within the scope of those .....
Tag this Judgment!Court : Delhi
Reported in : [1968]69ITR598(Delhi)
..... must be proved, as facts are proved, by appropriate evidence, that is, by properly qualified witnesses. mr. veda vyasa placed strong reliance on buerger v. new york life assurance co., wherein atkin l.j., while dealing with russian law, said :&quto;now this being the uncontradicted evidence of a russian lawyer, and the russian department of ..... render the fact of this case in detail and it is enough to say that the case turned on the provision of the trading with the enemy act, 1939, an act corresponding to the legislation of 1914, dealt with in munsters case. the reasoning of russell j. in munsters case was accepted as equally applicable to the ..... inland revenue v. fleming and official assignee for bengal (estate of jnanendra nath pramanik, in re. in fleming case, his estate was sequestrated under the bankruptcy (sctoland) act, 1913, and a trustee was appointed. it was held that during sequestration the income from the estate, which vested in the trustee, was nto the income of the bankrupt .....
Tag this Judgment!Court : Delhi
Reported in : AIR1969Delhi159
..... was rejected principally on the ground that the municipality was authorised to impose taxes with the sanction of the authority therein mentioned 'for the purposes of the act' and that furnished sufficient guidance for the imposition of the tax. relying on these two decisions, mr. gokhale suggested that (1) different criteria should be ..... majority of their lordships arrived at the afore-mentioned two conclusions. while answering the contention as to whether or nto any guiding principles were provided in the act for fixation of rates, their lordships said-'the corporation, subject to certain controls with which we are nto concerned, is an autonomous body. it has ..... to be levied, delegated essential legislative function and created a legislature armed with full legislative powers. the argument proceeds that-after the constitution (seventh amendment) act, 1956, the parliament was nto possessed of any power to create or continue for the union territory of delhi a body to function as a legislature .....
Tag this Judgment!Court : Delhi
Reported in : AIR1968Delhi264; 4(1968)DLT444
..... made before the commencement of the hindu succession act, 1956, by a widow at a time when she was a limited owner having only a life estate in favor of her daughter remains a gift only for the life time of the widow or does the daughter ..... become a full owner of the gifted property by virtue of section 14 of the said act when the daughter ..... donee is in possession of the gifted property upon the date of the commencement of the said act ..... the legislative scheme, purpose and object. judicial interpretation, it is axiomatic, must neither legislate under a mask, nor squeeze out even partially the life-blood of a statute.(7) in smt. chawli v. hansa, shamsher bahadur, j., following the decision of the supreme court in gumalpura .....
Tag this Judgment!Court : Delhi
Reported in : ILR1968Delhi130
..... for the reasons aforesaid, the petitioners with their present activities are held nto to be an industry within the meaning of section 2(j) of the industrial disputes act. in the result, the award of the industrial tribunal, delhi, in reference no. 152 of 1962 is herby quashed, but, in the circumstances of the case ..... have no hesitation in holding that the petitioners, with their present activities, are nto an industry within the meaning of section 2(j) of the industrial disputes act.(23) the learned counsel for the workmen then contended that there had been previous disputes between the management and the trust, which had been referred for adjudication ..... their lordships held that the appellants before them could nto be regarded as carrying on an industry within the meaning of section 2(j) of the industrial disputes act and observed- 'inthe main scheme of imparting education, the subordinate staff with function -like those of the respondents play such a minor, subsidiary and insignificant part .....
Tag this Judgment!Court : Delhi
Reported in : 3(1967)DLT688; 1968LabIC2546
..... lordships, held that the appellants before them could nto be regarded as carrying on an industry within the meaning of section 2(j) of the industrial disputes act and observed:- 'inthe main scheme of imparting education the subordinate staff with function like those of the respondents play such a minor subsidiary and insignificant part that ..... have no hesitation in holding that the petitioners with their present .activities, are nto an industry within the meaning of section 2(j) of the industrial disputes act. (20) the learned counsel for the workman th?n contended that thare had been previous disputes between the management and the trust, which had been referred for ..... exists. (22) forthereasons aforesaid.the petitioners with their present activities are held nto to be an industry within the meaning of section 2(j) of the industrial disputes act. in the result, the award of the industrial tribunal, delhi in reference no. 102 of 1982 is hereby quashed, but, in that circumstance of the case, .....
Tag this Judgment!Court : Delhi
Reported in : AIR1968Delhi299
..... under a disability in the matter of securing eviction of the tenant so as to build or to carry out repairs at his convenience without endangering the life and property of the tenant during the interval, has nto appealed to us. to so hold, seems to us to impute to the legislature a desire ..... unhygienic and dangerous abodes of residence. it is unnecessary to mention the various statutory provisions extending such prtoection to the citizens even against their own ill-advised or dangerous acts btoh of commission and omission. * * * * * * the tenant is after all only prtoected to retain his tenancy against mala fide devices of the landlord ..... become unsafe or unfit for human habitation; * * * * * *.'as just observed, comparison of the language of the two provisions contained in the punjab act and the delhi act quite clearly illustrate the different legislative intendment and we find it extremely difficult to hold that the punjab provision is exactly similar for our purposes to the delhi provision .....
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