Court : Delhi
Reported in : 3(1967)DLT15
..... the present appeal, against the appellant mohammad and liaqat hussain. the impugned order was made in the proceedings following the appointment of an arbitrator under section 20 of the arbitration act and the making of award by the arbitrator. the arbitrator filed his award in the court on 30th april. 1962, and in pursuance of ntoice of the said award, objections ..... a real likelihood of an operative prejudice on his part. the existence of that relationship with one of the parties, unknown to the toher, was held to disqualify him from acting as an arbitrator. on this finding, the submission was revoked. reference has also been made to the bench decision of the calcutta high court in k. p. ghose v. rajani .....
Tag this Judgment!Court : Delhi
Reported in : AIR1967Delhi19
..... married to shrimati harbans kaur (hereafter referred to as the wife) on 9th september, 1952, at muzaffarnagar. he filed this petition under section 10 of the hindu marriage act, 1955, against the wife for a decree of judicial separation on the ground of desertion. it was alleged by the husband that after the marriage the parties resides together ..... necessary intention aforesaid. 3. desertion is a matter of information to be drawn from the facts and of each case and if, in fact a separation, the essential whether that act could be animus deserendi. 4. the burden of proving desertion - the 'factum' as well as the 'animus deserendi' - is on the petitioner, and he or she has ..... for the parties entering into marital relationship must be prepared to subject themselves to the ordinary wear and tear of such life and they are expected to pave the road to accord more than persons in toher relations of life. whereas it is true that even if the wife, where she is the deserting spouse, does nto prove just .....
Tag this Judgment!Court : Delhi
Reported in : 3(1967)DLT131
..... married to shrimati harbans kaur (hereafter referred to as the wife) on 9th september, 1952, at muzaffarnagar. he filed this petition under section 10 of the hindu marriage act, 1955, against the wife for a decree of judicial separation on the ground of desertion. it was alleged by the husband that after the marriage the parties resided together ..... of-inference to be drawn from the facts .and circumstances of each case and if, in fact, there has been a separation, the essential question always is whether that act could be attributable to an animus deserendi. (4) the 'burden of proving desertion-the 'factum' as well as the 'animus deserendi' is on the petitioner, and he ..... for the parties entering into marital relationship must be prepared to subject themselves to the ordinary wear and tear of such life and they are expected to pave the road to accord more than persons in toher relations of life. whereas it is true that even if the wife, where she is the deserting spouse, does nto prove just .....
Tag this Judgment!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 : AIR1967Delhi98; (1969)IILLJ195Del
..... not have found himself in a position to spare so much. this argument overlooks the fact that in the course of years he would have gained sufficient rise in life as well as resulting in corresponding increase in the emoluments. having considered the entire evidence on the record, i am of the opinion that the deceased would have been ..... use give rise to a valid claim for damages against the state of rajasthan or not? the supreme court took the view that the negligent act in driving the car was not referable to the exercise of governmental powers. the question again came up for consideration before their lordships of the supreme court in ..... of sovereign power or to the exercise of the delegated sovereign power. in state of rajasthan v. mst. vidhyawati, : air1962sc933 , the state was held liable for the negligent act of the driver, an employee of the state of rajasthan, while he was driving the jeep-car from the repair-shop to the collector's residence for the collector's .....
Tag this Judgment!Court : Delhi
Reported in : AIR1968Delhi79
..... presented only in 1962. the respondent's explanationn for the same is that her parents who are very conservative stood in her way from seeking relief under the act. in considering whether there was unnecessary or unreasonable delay in seeking the relief, we cannto ignore the conditions of the society in which the parties lived and ..... made it clear to the appellant that she is nto prepared to live with him as his wife thereafter.the period preceding the coming into force of the act cannto be taken into consideration in dealing with the question of delay in presenting the petition under section 12. it is true that there was considerable delay even ..... her explanationn for the delay in approaching the court is believable. they accord with the facts of life. thereforee, we are unable to hold that there was any unnecessary or improper delay in instituting the proceeding under s. 12 of the act. the question whether in a given case, there had been unnecessary or improper delay in instituting .....
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 : [1968]69ITR65(Delhi)
..... case the assessed who owned nine annas share in an estate, with the object of discharging his debts and of obtaining for himself an adequate income for his life, conveyed the greater portion of his estate to his son-in-laws mtoher who owned the remaining seven annas in the estate. the consideration for the transfer was ..... is expanded, no doubt, into income, profits and gains, but the expansion is more a matter of words than of substance. income, their lordships think, in this act conntoes a periodical monetary return, coming in with some sort of regularity, or expected regularity, from definite sources. the source is nto necessarily one which is expected to be ..... of production.&quto;from these observation it follows that the income, with which we are concerned in this case, is an income falling under section 12 of the act.lastly, reliance was placed on the decision of the supreme court in senairam doongarmall v. commissioner of income-tax. therein, the assessed, which owned a tea estate .....
Tag this Judgment!Court : Delhi
Reported in : 4(1968)DLT235
..... trustees upon trust to sell and covert the same, and to hold the trust moneys upon trust to pay the income to his daughter beatrice during her life for her separate use, independent of any husband, restrained from anticipation; and after the death of his said daughter, in trust for any husband with whom ..... decrees for judicial separation, but they never granted permanent alimony even in these rare cases where they passed decrees for nullity. when in 1859 the matrimonial causes act was passed, the whole jurisdiction of the ecclesiastical courts became vested in the supreme court of judicature in england. thereforee. as the heir of the ecclasiastical ..... after a decree for restitution of conjugal rights is termed 'periodical payments'. (vide rayden on divorce, eighth edition, page 707). section 23 of the hindu marriage act though contains the heading...'permanent alimony and maintenance'-uses the expression in the body of the section 'such gross sum or such monthly or periodical sum'; thus .....
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