Court : Delhi
Reported in : 4(1968)DLT284
..... be placed under a disability in the matter of securing eviction of the tenant so as to build to carry cut 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 ..... 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 buth of commission and omission. * * * the tenant is after all only prtoected to retain his tenancy against mala fide devices of the landlord in pretending ..... premises have 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 illustrates 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 .....
Tag this Judgment!Court : Delhi
Reported in : 4(1968)DLT639
..... be supplied is unexplained, than it may legimately be taken into account, within proper limits, in considering the question of sufficient cause under section 6. limitation act we regret to observe in this connection that the unsatisfactory working of the copy branch in delhi is ntoorious and it is a matter of common knowledge ..... decree vide order of miss s. mehta, commercial subordinate judge, dated 28th may, 1966 and prayed that the disposal of the miscellaneous application under section 5, limitation act, be in the circumstances held over. in october, 1965, the appellant filed an application under order v rule 20, civil p. c., for serving the unserved ..... in the meantime, however, the civil courts were closed and the petitioner was prevented from applying for the certified copy of the decree. the petitioner approached the acting district judge, delhi, during the vacation for being supplied with the necessary certified copy, but the clerk of the court of the commercial subordinate judge, in .....
Tag this Judgment!Court : Delhi
Reported in : 5(1969)DLT191
..... a registered partnership firm and is a whole-sale dealer in food-grains, kariana, cemet, vanaspsti, molasses and general merchandise at maranda, district kangra. the punjab rcorgaization act, 1966 (act no. 31 of 1966) came into force on november 1, 1966, and the districts of kangra, kulu, lahaul spiti and simla (hereafter referred to as the ..... state of madhya pradesh v. bhopal sugar industries ltd. more or less similar question arose before their lordships of the supreme court for consideration. by the states reorganisation act, 1956, territory of part 'c' state of bhopal was incorporated with effect from november, 1, 1956, into the newly formed state of madhya pradesh. the ..... of the sales-tax law applicable to the transferred territories are more onerous. one of the contentions set up by the respondents in defense of the act is temporary duration of the disparity necessitated by territorial re-organisation of the state of punjab and the union territory of himachal pradesh. in the counter .....
Tag this Judgment!Court : Delhi
Reported in : 5(1969)DLT151
..... and admitting and verifying the factum of gift. it is at that time that smt. naro made a statement that she would retain the property with herself during her life-time and would have no right to alienate the same and on this statement mangtu, the reversioner, gave his consent and the mutation of the property was sanctioned in ..... ) who are identified by munshi ram numbardar admit and verify the factum of gift. mst. naro the donee states that she will retain this land with herself during her life-time and will have no right to alienate the same. on this statement, rangtu the reversioner of the donor, on his identification by the numbardar, gives his consent. ..... miking of the gift in her favor resulted in a gift which did nto merely create in her a life interest in the property in question but also prevented her from alienating the same. under section ii of the transfer of property act, such restrictive condition is nto repugnant to the inetrestd created in her favor. it is well settled .....
Tag this Judgment!Court : Delhi
Reported in : ILR1969Delhi202
..... a statute. in the united states the terminal part of section 1 of amendment xiv of the constitution stated that the state shall nto deprive any person of life, liberty or property without due process of law nor deny to any person the equal prtoection of the laws. the anxiety of the u. s. supreme court ..... v. electricity commissioner( ) in the following words : 'whereverany body of persons having legal authority to determine questions affecting the rights of subjects having the duty to act judicially.'acts in excess of their legal authority the writ may issue. firstly, jamia millia is a body of persons which was originally registered as a society under the societies ..... or business. the court had no occasion to consider if a public authority could derive its power from the state toherwise than by the channel of legislation. in actual life, however, certain powers of the state could be conferred on a body without legislation. a body exercising such powers, it would appear, be a public authority, .....
Tag this Judgment!Court : Delhi
Reported in : 5(1969)DLT261
..... decision of the supreme court in nand kishore v. ram kishan^, which, according to the respondents' learned counsel, places the same construction of sections 17 and 18 of the act which, in my view, they bear. shri s. n. chopra, learned counsel for the appellant, however, seeks to distinguish the supreme court decision. in my opinion, the ..... the learned counsel for the appellant has also relied on section 16 in support of his submission, i consider it appropriate to reproduce sections 16, 17 and 18 of the act :- * * * (after reproducing sections 16 to 18, his lordship proceeded). according to the learned counsel for the appellant, where a sub-tenant is in lawful occupation ..... it was nto pressed. the courts below have held that the plaintilff-appellant having omitted to give the requisite ntoice as required by section 17(2) of the act, he could nto claim benefit of section 18 thereof and, thereforee, was nto entitled to claim the injunction prayed in the prssent proceedings. it is nto denied .....
Tag this Judgment!Court : Delhi
Reported in : 5(1969)DLT671
..... residential accommodation. in other words, the irrational desire or wish of the landlord, however, strong cannto be considered conclusive as against the tenant's right as protected by the delhi rent act. the request of the landlord has, however, to be viewed from a practical point of view, nto confined to considerations of extent of accommodation alone and ..... after a certain age , a person may be advised, by way of precaution or as a preventive measure, nto to climb up the stairs in order to protect his heart from possible damage by reason of excessive strain. if such circumstances exist, then also it may satisfy the statutory requirement and actual damage to the heart ..... which he requires the building for his own occupation and should be considered to have completely fulfillled the statutory conditions. in my view, the delhi rent act affords protection to the tenants from unscrupulous landlords who use the plea of personal residence as a veil for extorting exorbitant rent from tenants and it .....
Tag this Judgment!Court : Delhi
Reported in : AIR1969Delhi283; ILR1969Delhi291
..... reason, at least for the sake of their offspring, in whose welfare they both must be considered to be equally interested. the normal wear and tear of married life can be made smooth only by adopting the policy of give and take. every human being, generally speaking, possesses both good and bad points and a reasonably practical ..... wrong, being opposed to the settled legal position and he seems to have missed the real point which demands consideration in such cases. the hindu minority and guardianship act no. 32 of 1956, designed to amend and codify certain parts of the law relating to minority and guardianship among hindus, which, in case of inconsistency, overrides ..... appeal assails the order dated 7-9-1968 made by a learned subordinate judge 1st class, delhi, dismissing her application under section 26 of the hindu marriage act for the custody of her minor male child below five years of age, the application having been made in the course of the proceedings for judicial separation initiated .....
Tag this Judgment!Court : Delhi
Reported in : AIR1970Delhi122
..... difficult to sustain the arguments raised when examined in the background of the relevant statutory provisions and the powers conferred by section 3 of the essential commodities act on the central government to regulate the production and supply of sugar for the purpose of securing its equitable distribution and availability at fair price. the ..... of sugar as a whole beyond the control of the manufacturers.read in the context of the purpose for which section 3 of the essential commodities act has been enacted, namely, for the purpose of regulating production and supply of an essential commodity for the purpose of securing its equitable distribution and availabilty ..... this sugar couldnot be allotted to the state governments for distribution for domestic consumption and hence was not released.21. no provision of the essential commodities act or the sugar control order or any other law empowering the respondents to compel the petitioners to reprocess the sugar below the iss standard has been .....
Tag this Judgment!Court : Delhi
Reported in : 5(1969)DLT408
..... particulars of the need of the landlord in a particular case. the respondent is already without the protection of her husband. she is in need of a decent residence suitable for her status in life which will give her the protection needed by a single woman as to her residence. the desire to live in one's own ..... living. the sole question for decision, thereforee, is whether the respondent-landlord has satisfied the requirements of proviso (e) to sub-section(l)of section 14 of the act. i shall deal with each of these requirements one by one. (3) the premises were admittedly let by the respondent-landlord to the appellant-tenant for residential purposes ..... she has no other reasonable suitable residential accommodation within the meaning of proviso (e) to sub-section (1) of section 14 of the delhi rent control act, 1958 (hereinafter called 'the act'). (2) the facts are nto really in dispute. the respondent-landlord is a deserted wife and a midwife by profession. she acquired the premises in 1962 .....
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