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What is the summary of this judgment? | The price of the Brengun Factory and the properties together with the furniture etc. was fixed at Rs. 27 lakhs while the price of the stores was fixed at Rs. 8 lakhs. During the relevant accounting years, the assessee firm sold a part of the stores for Rs. 9,53,918 O.S. | The assessee firm purchased a Brengun factory from the Government of India and sold the stores and part of the lands and buildings shortly afterwards At a higher price. It admitted before the Income tax authorities that the purchase and sale in respect of the stores constituted an adventure in the nature of trade, but ... |
What is the summary of this judgment? | and 46 acres of land, 14 factory buildings, furniture, railway siding, etc. for Rs. 26,48,215 O.S. It was not disputed that the excess over the price realised for the re, sale of 441 stores was Rs. 2,26,484 O.S. and for the re sale of part of the factory land, building etc. | The assessee firm purchased a Brengun factory from the Government of India and sold the stores and part of the lands and buildings shortly afterwards At a higher price. It admitted before the Income tax authorities that the purchase and sale in respect of the stores constituted an adventure in the nature of trade, but ... |
What is the summary of this judgment? | was Rs. 10,46,834 O.S. It was admitted by the assessee firm before the Appellate Tribunal that the surplus realised by the resale of stores was not a capital accretion but an adventure in the, nature of trade. With regard to the factory it was argued that it was an investment, and not an adventure in the nature of trad... | The assessee firm purchased a Brengun factory from the Government of India and sold the stores and part of the lands and buildings shortly afterwards At a higher price. It admitted before the Income tax authorities that the purchase and sale in respect of the stores constituted an adventure in the nature of trade, but ... |
What is the summary of this judgment? | At the instance of the assessee firm, the Appellate Tribunal stated a case to the High Court on the following question of law : "Whether the purchase of the site and buildings known as "Brengun Factory" was in the course of a profit making scheme or an adventure in the nature of trade By its judgment dated 23rd July, 1... | The assessee firm purchased a Brengun factory from the Government of India and sold the stores and part of the lands and buildings shortly afterwards At a higher price. It admitted before the Income tax authorities that the purchase and sale in respect of the stores constituted an adventure in the nature of trade, but ... |
What is the summary of this judgment? | It was contended that the, assessee firm had not developed the land or parcelled it out with the view to sell it to purchasers as a residential area, and make a profit. The submission made on behalf of the appellant was that the transaction of purchase was in the nature of investment and was not an adventure in the nat... | The assessee firm purchased a Brengun factory from the Government of India and sold the stores and part of the lands and buildings shortly afterwards At a higher price. It admitted before the Income tax authorities that the purchase and sale in respect of the stores constituted an adventure in the nature of trade, but ... |
What is the summary of this judgment? | and gains shall be chargeable to income tax in the manner hereinafter appearing, namely (iv) Profits and gains of business, profession or vocation". It corresponds to section 6 of the Indian Act. The question whether profit in a transaction is a capital accretion or has arisen out of an adventure in the nature of trade... | The assessee firm purchased a Brengun factory from the Government of India and sold the stores and part of the lands and buildings shortly afterwards At a higher price. It admitted before the Income tax authorities that the purchase and sale in respect of the stores constituted an adventure in the nature of trade, but ... |
What is the summary of this judgment? | A question of this description is a mixed question of law and fact and the decision of the Appellate Tribunal thereon is open to challenge under section 66 (1 ) of the Indian Act. The question whether the transaction is an adventure in the nature of trade must be decided on a consideration of all the relevant facts and... | The assessee firm purchased a Brengun factory from the Government of India and sold the stores and part of the lands and buildings shortly afterwards At a higher price. It admitted before the Income tax authorities that the purchase and sale in respect of the stores constituted an adventure in the nature of trade, but ... |
What is the summary of this judgment? | What is the line which separates the two classes of cases may be difficult to define, and each case must be considered according to, its facts; the question to be determined being Is the sum of gain that has been made a mere enhancement of value by realising a security or is it a gain made in the operation of business ... | The assessee firm purchased a Brengun factory from the Government of India and sold the stores and part of the lands and buildings shortly afterwards At a higher price. It admitted before the Income tax authorities that the purchase and sale in respect of the stores constituted an adventure in the nature of trade, but ... |
What is the summary of this judgment? | The same view was taken in Rutledge vs Commissioners of Inland Revenue(3) in regard to an assessee who purchased very cheaply a vast quantity of toilet paper and within a short time thereafter sold the whole consignment at a considerable profit. Similarly, in Commissioners of Inland Revenue vs Fraser, the assessee (4) ... | The assessee firm purchased a Brengun factory from the Government of India and sold the stores and part of the lands and buildings shortly afterwards At a higher price. It admitted before the Income tax authorities that the purchase and sale in respect of the stores constituted an adventure in the nature of trade, but ... |
What is the summary of this judgment? | (4) 24 Tax Cases 498. 444 sold it later on at considerable profit. The assessee had never dealt in whisky before, he had no special knowledge of the trade, he did not take delivery of the whisky nor did he have it blended and advertised. Even so it was held that the transaction was not an adventure in the nature of tra... | The assessee firm purchased a Brengun factory from the Government of India and sold the stores and part of the lands and buildings shortly afterwards At a higher price. It admitted before the Income tax authorities that the purchase and sale in respect of the stores constituted an adventure in the nature of trade, but ... |
What is the summary of this judgment? | But what is a good deal more important is the nature of the transaction with reference to the commodity dealt in. The individual who enters into a purchase of an article or commodity may have in view the resale of it at a profit, and yet it may be that that is not the only purpose for which he purchased the article or ... | The assessee firm purchased a Brengun factory from the Government of India and sold the stores and part of the lands and buildings shortly afterwards At a higher price. It admitted before the Income tax authorities that the purchase and sale in respect of the stores constituted an adventure in the nature of trade, but ... |
What is the summary of this judgment? | A man may purchase land with a view to realising it at a profit, but it also may yield him an income while he continues to hold it. If be continues to hold it, there may be also a certain pride of possession. But the purchaser of a large quantity of commodity like whisky, greatly in excess of what could be used by hims... | The assessee firm purchased a Brengun factory from the Government of India and sold the stores and part of the lands and buildings shortly afterwards At a higher price. It admitted before the Income tax authorities that the purchase and sale in respect of the stores constituted an adventure in the nature of trade, but ... |
What is the summary of this judgment? | 445 syndicate acquired ' another estate and sold the two estates on profit. It was held that the transaction was not in the nature of trade and the profit was not liable to be assessed to tax. The same view was expressed in Saroj Kumar Mazumdar vs Commissioner of Income tax West Bengal(1), in which the assessee who car... | The assessee firm purchased a Brengun factory from the Government of India and sold the stores and part of the lands and buildings shortly afterwards At a higher price. It admitted before the Income tax authorities that the purchase and sale in respect of the stores constituted an adventure in the nature of trade, but ... |
What is the summary of this judgment? | It was, held by the Court of Sessions that the initial intention of the respondent to purchase the property with a view to resell did not per se establish that the transaction was an adventure in the nature of trade and the Com missioners were justified in treating the profit as not assessable to income tax. But the ci... | The assessee firm purchased a Brengun factory from the Government of India and sold the stores and part of the lands and buildings shortly afterwards At a higher price. It admitted before the Income tax authorities that the purchase and sale in respect of the stores constituted an adventure in the nature of trade, but ... |
What is the summary of this judgment? | As long as the appellant was in possession of the land it made no effort, to cultivate it or erect any superstructure on it but allowed the land to remain unutilised except for the rent received from the house which existed on one of the plots. The appellant sold the land to the company managed by it in two lots in Sep... | The assessee firm purchased a Brengun factory from the Government of India and sold the stores and part of the lands and buildings shortly afterwards At a higher price. It admitted before the Income tax authorities that the purchase and sale in respect of the stores constituted an adventure in the nature of trade, but ... |
What is the summary of this judgment? | On a reference, the High Court expressed the same view. It was held by this Court in appeal that the Appellate Tribunal was right in inferring that the appellant knew that it would be able (1) 37 Tax Cases 242. (3) sup.c.1/68 14 (2) 34 Tax Cases 189. 446 to sell the lands to the managed company whenever it thought it p... | The assessee firm purchased a Brengun factory from the Government of India and sold the stores and part of the lands and buildings shortly afterwards At a higher price. It admitted before the Income tax authorities that the purchase and sale in respect of the stores constituted an adventure in the nature of trade, but ... |
What is the summary of this judgment? | What then are the material facts found in the present case ? Alladin & Co. was the managing agent of several joint stock companies viz., Hyderabad Asbestos Cement Products Limited (hereinafter referred to as the Asbestos Co.), Hyderabad Laminated Products Limited (hereinafter referred to as the Laminated Products), Hyd... | The assessee firm purchased a Brengun factory from the Government of India and sold the stores and part of the lands and buildings shortly afterwards At a higher price. It admitted before the Income tax authorities that the purchase and sale in respect of the stores constituted an adventure in the nature of trade, but ... |
What is the summary of this judgment? | The latter informed the two Alladin brothers that the Government of India had decided to sell the Brengun Factory as the war had ended and it was going cheap. It was agreed that the price of the factory building should be fixed at Rs. 27 lakhs, and of the stores at Rs. 9 lakhs. Alladdin & Co. asked for six months ' tim... | The assessee firm purchased a Brengun factory from the Government of India and sold the stores and part of the lands and buildings shortly afterwards At a higher price. It admitted before the Income tax authorities that the purchase and sale in respect of the stores constituted an adventure in the nature of trade, but ... |
What is the summary of this judgment? | By its letter dated December 24, 1946, Alladdin & Co. accepted the proposal and informed the Additional Financial Adviser that the Board had agreed to purchase the Brengun Factory and the first payment would be made on 1st or 2nd January, 1947. Not having ready cash to pay the first instalment the firm borrowed the sum... | The assessee firm purchased a Brengun factory from the Government of India and sold the stores and part of the lands and buildings shortly afterwards At a higher price. It admitted before the Income tax authorities that the purchase and sale in respect of the stores constituted an adventure in the nature of trade, but ... |
What is the summary of this judgment? | The balance sheet of the assessee firm as on 31 9 1948 disclosed that the assessee firm owed about Rs. 7 lakhs to Government of India, though by that time it had sold properties valued over Rs. 30 lakhs. It is a significant circumstance that on 23rd December, 1946 a meeting of the Board of Directors of the Asbestos Co.... | The assessee firm purchased a Brengun factory from the Government of India and sold the stores and part of the lands and buildings shortly afterwards At a higher price. It admitted before the Income tax authorities that the purchase and sale in respect of the stores constituted an adventure in the nature of trade, but ... |
What is the summary of this judgment? | for Rs. 5 lakhs. It should be noticed that the valuation by the P.W.D. which was considered necessary on the 28th December, 1946 was given up and the price of Rs. 5 lakhs was accepted by the Board of Directors. In the circumstances, the inference that that resolution was passed at the instance of the assessee firm is n... | The assessee firm purchased a Brengun factory from the Government of India and sold the stores and part of the lands and buildings shortly afterwards At a higher price. It admitted before the Income tax authorities that the purchase and sale in respect of the stores constituted an adventure in the nature of trade, but ... |
What is the summary of this judgment? | Pursuant to the resolution a sale deed appears to have been executed in favour of the Asbestos Company on 31st March, 1947. It is apparent that the interval of time between the purchase of the factory and the sale was about 3 months, and this is hardly consistent with the contention of the assessee firm, that it had pu... | The assessee firm purchased a Brengun factory from the Government of India and sold the stores and part of the lands and buildings shortly afterwards At a higher price. It admitted before the Income tax authorities that the purchase and sale in respect of the stores constituted an adventure in the nature of trade, but ... |
What is the summary of this judgment? | 5,000 per acre and a sum of Rs. 40,000 was agreed to be paid towards the price. A sale deed was executed pursuant to the resolution in June, 1948. The next transaction relates to the purchase by the Allwyn Co. The Board of Directors at its meeting on October 29, 1947, resolved to sell away their existing factory buildi... | The assessee firm purchased a Brengun factory from the Government of India and sold the stores and part of the lands and buildings shortly afterwards At a higher price. It admitted before the Income tax authorities that the purchase and sale in respect of the stores constituted an adventure in the nature of trade, but ... |
What is the summary of this judgment? | The property purchased consisted of 24 acres, of land, factory buildings,,Ind furniture, and the sale deed was executed on February 11, 1948. It is manifest that within one year of the purchase of the Brengun Factory, the assessee firm realised Rs. 13,99,753 by the sale of stores and Rs. 33,90,908 by the sale of 46 acr... | The assessee firm purchased a Brengun factory from the Government of India and sold the stores and part of the lands and buildings shortly afterwards At a higher price. It admitted before the Income tax authorities that the purchase and sale in respect of the stores constituted an adventure in the nature of trade, but ... |
What is the summary of this judgment? | 7 lakhs to the Government though by that time it had sold over Rs. 30 lakhs worth of property. The assessee firm was thus paying off the dues to the Government and also discharging its debts by selling fractions of the property. In other words, the assessee firm was purchasing, selling and liquidating the loans, which ... | The assessee firm purchased a Brengun factory from the Government of India and sold the stores and part of the lands and buildings shortly afterwards At a higher price. It admitted before the Income tax authorities that the purchase and sale in respect of the stores constituted an adventure in the nature of trade, but ... |
What is the summary of this judgment? | Bren Gun Factory and that the transaction was launched upon with a view to make profit and not as a permanent investment. There is another aspect of the matter to be taken into account. The property income from Bren Gun fac :tory during the year 1953 54 as would appear from the Assessment Orders of the years, 1953 54, ... | The assessee firm purchased a Brengun factory from the Government of India and sold the stores and part of the lands and buildings shortly afterwards At a higher price. It admitted before the Income tax authorities that the purchase and sale in respect of the stores constituted an adventure in the nature of trade, but ... |
What is the summary of this judgment? | 1,21,500. It is manifest that the assessee firm could not have borrowed the money to purchase the property as an investment when the income was about 1/6 of the interest payable on the amount borrowed. Mr. Sukumar Mitra suggested that the assessee firm intended to develop the Bren Gun Factory as an Industrial Estate an... | The assessee firm purchased a Brengun factory from the Government of India and sold the stores and part of the lands and buildings shortly afterwards At a higher price. It admitted before the Income tax authorities that the purchase and sale in respect of the stores constituted an adventure in the nature of trade, but ... |
What is the summary of this judgment? | Having regard to total effect of all the relevant facts and circumstances established in this case we are of the opinion that the High Court was right in its conclusion that the purchase of the site and the buildings of the Bren Gun Factory was an adventure in. the nature of trade and was in the course of a profit maki... | The assessee firm purchased a Brengun factory from the Government of India and sold the stores and part of the lands and buildings shortly afterwards At a higher price. It admitted before the Income tax authorities that the purchase and sale in respect of the stores constituted an adventure in the nature of trade, but ... |
What is the summary of this judgment? | A statement of the case which does not set out precisely the findings of the Appellate Tribunal on the questions of law and fact serves no 'useful purpose. It merely gives an opportunity to the parties to put forward arguments at the stage of reference which are often untenable, For the reasons already expressed we hol... | The assessee firm purchased a Brengun factory from the Government of India and sold the stores and part of the lands and buildings shortly afterwards At a higher price. It admitted before the Income tax authorities that the purchase and sale in respect of the stores constituted an adventure in the nature of trade, but ... |
What is the summary of this judgment? | Civil Appeal No. 1836 of 1978. From the Judgment and Order dated 27 5 1963 of the Punjab and Haryana High Court in Letters Patent Appeal No. 273/61. Appellant in Person R. section Sodhi and Hardev Singh for Respondent No. 1. | The appellant who was an employee of the State Government in the Horticulture department, was on deputation with the Central Government. In May, 1952 he was selected by the State Public Service Commission as Landscape Architect on a temporary basis. From time to time he sought extension of time for joining the post and... |
What is the summary of this judgment? | Govind Das, Badri Das Sharma and R. N. Sachthey for Respondent Nos. 2 and 3. The Judgment of the Court was delivered by SHINGHAL J. This case for rehearing the appeal has come up before us in these circumstances. Appellant K. N. Bahl was B.Sc. (Agriculture) when he was appointed Overseer, Government Archaeological Gard... | The appellant who was an employee of the State Government in the Horticulture department, was on deputation with the Central Government. In May, 1952 he was selected by the State Public Service Commission as Landscape Architect on a temporary basis. From time to time he sought extension of time for joining the post and... |
What is the summary of this judgment? | After the partition of the Country, he was employed as Subdivisional Officer (Horticulture) P.W.D.B.&R. (Development) by the Government of East Punjab. He was selected for appointment as Assistant Superintendent of Archaeological Gardens in Delhi by the Union Public Service Commission and took up that appointment in 19... | The appellant who was an employee of the State Government in the Horticulture department, was on deputation with the Central Government. In May, 1952 he was selected by the State Public Service Commission as Landscape Architect on a temporary basis. From time to time he sought extension of time for joining the post and... |
What is the summary of this judgment? | He applied for the post, and was appointed as Landscape Architect on a temporary basis by an order dated May 24, 1952. He returned after graduating M.Sc. (Cornell) and becoming an Associate of the Institute of Landscape Architects, England, in 1953. The Punjab Government issued an order fixing his pay at Rs. 825/. The ... | The appellant who was an employee of the State Government in the Horticulture department, was on deputation with the Central Government. In May, 1952 he was selected by the State Public Service Commission as Landscape Architect on a temporary basis. From time to time he sought extension of time for joining the post and... |
What is the summary of this judgment? | He was relieved by the Government of India on June 27, 1953, and reported for duty at Chandigarh on June 30, 1953. He was however not allowed to join as the Chief Engineer took the stand that he was not in possession of the order of his appointment. The State Government in fact appears to have taken the view that as Ba... | The appellant who was an employee of the State Government in the Horticulture department, was on deputation with the Central Government. In May, 1952 he was selected by the State Public Service Commission as Landscape Architect on a temporary basis. From time to time he sought extension of time for joining the post and... |
What is the summary of this judgment? | Bahl therefore rejoined the Government of India on September 30, 1953. It so happened that the Punjab Government once again advertised the post of Landscape Architect in 1954 stating that it was a temporary post but was likely to continue after February 28, 1955, and the period of probation would be six months in case ... | The appellant who was an employee of the State Government in the Horticulture department, was on deputation with the Central Government. In May, 1952 he was selected by the State Public Service Commission as Landscape Architect on a temporary basis. From time to time he sought extension of time for joining the post and... |
What is the summary of this judgment? | 825/ was issued by the State Government on October 21, 1954, requesting the Government of India to relieve him immediately. Bahl joined that post, and a notification was issued in the State Gazette dated November 23, 1954, intimating that he had taken over charge as Landscape Architect and Sub divisional Officer (Horti... | The appellant who was an employee of the State Government in the Horticulture department, was on deputation with the Central Government. In May, 1952 he was selected by the State Public Service Commission as Landscape Architect on a temporary basis. From time to time he sought extension of time for joining the post and... |
What is the summary of this judgment? | Soon after taking over charge on November 6, 1954, Bahl examined the statement of the sanctioned work for which liabilities were being incurred without sanction or estimates, and made a report thereof to the Executive Engineer on December 3, 1954. He followed that up by another letter dated December 17, 1954, pointing ... | The appellant who was an employee of the State Government in the Horticulture department, was on deputation with the Central Government. In May, 1952 he was selected by the State Public Service Commission as Landscape Architect on a temporary basis. From time to time he sought extension of time for joining the post and... |
What is the summary of this judgment? | 3,49,000/ was unauthorised as none of the estimated amount had been technically sanctioned or administratively approved. The Finance Secretary also took up the matter on April 19, 1955, and asked the Chief Engineer to investigate into the serious irregularities and to tighten up the procedure in order to stop the leaka... | The appellant who was an employee of the State Government in the Horticulture department, was on deputation with the Central Government. In May, 1952 he was selected by the State Public Service Commission as Landscape Architect on a temporary basis. From time to time he sought extension of time for joining the post and... |
What is the summary of this judgment? | Bahl has placed reliance on a note dated September 5, 1957 to show that the Secretary P.W.D. (B.&R.) had recommended his confirmation on the temporary post of Landscape Architect "which was sanctioned till 28 2 57," and that the Public Works Minister had agreed to it but had inquired the date from which the confirmatio... | The appellant who was an employee of the State Government in the Horticulture department, was on deputation with the Central Government. In May, 1952 he was selected by the State Public Service Commission as Landscape Architect on a temporary basis. From time to time he sought extension of time for joining the post and... |
What is the summary of this judgment? | By then the Superintending Engineer had written to the Chief Engineer that he was not impressed by Bahl 's behaviour towards his colleagues and he was not "needed for the post of Landscape Architect as the work is being done by AA/SA or for execution of Landscape plans, in view of the 1094 defects of character that hav... | The appellant who was an employee of the State Government in the Horticulture department, was on deputation with the Central Government. In May, 1952 he was selected by the State Public Service Commission as Landscape Architect on a temporary basis. From time to time he sought extension of time for joining the post and... |
What is the summary of this judgment? | He specifically stated there that he had already submitted his application for appointment under the Government of India, and the Union Public Service Commission was likely to have his personal file in that connection. For that reason he asked for early action to expunge the remarks. The Minister concerned recorded a m... | The appellant who was an employee of the State Government in the Horticulture department, was on deputation with the Central Government. In May, 1952 he was selected by the State Public Service Commission as Landscape Architect on a temporary basis. From time to time he sought extension of time for joining the post and... |
What is the summary of this judgment? | That was followed by a minute of the Minister dated August 5, 1958, referring to his earlier note dated July 8, 1958 for confirmation of Bahl and asking for the file. He recorded another minute on August 18, 1958, to the effect that the post of Landscape Architect was most essential and stating that Government had orde... | The appellant who was an employee of the State Government in the Horticulture department, was on deputation with the Central Government. In May, 1952 he was selected by the State Public Service Commission as Landscape Architect on a temporary basis. From time to time he sought extension of time for joining the post and... |
What is the summary of this judgment? | He also recommended that the earlier decision to expunge the adverse entries from Bahl 's service record should be reviewed and those entries allowed to stand. The Minister agreed with that recommendation on October 24/28, 1958. The Chief Minister passed an order on October 29, 1958, that it would not look proper to mo... | The appellant who was an employee of the State Government in the Horticulture department, was on deputation with the Central Government. In May, 1952 he was selected by the State Public Service Commission as Landscape Architect on a temporary basis. From time to time he sought extension of time for joining the post and... |
What is the summary of this judgment? | It was traversed by the State Government, and a learned Single Judge of the High Court dismissed it on September 7, 1961, leaving the parties to bear their own costs. Bahl preferred an appeal, but it was dismissed by the High Court on May 27, 1963. A certificate was however issued by the High Court for appeal to this C... | The appellant who was an employee of the State Government in the Horticulture department, was on deputation with the Central Government. In May, 1952 he was selected by the State Public Service Commission as Landscape Architect on a temporary basis. From time to time he sought extension of time for joining the post and... |
What is the summary of this judgment? | It was restored by this Court 's order dated September 30,1974, and a notice was issued to the respondent to show cause why the review petition should not be granted. The matter was then taken up on October 27, 1975, when the Court allowed the review petition and directed that appeal to be listed for hearing. It is in ... | The appellant who was an employee of the State Government in the Horticulture department, was on deputation with the Central Government. In May, 1952 he was selected by the State Public Service Commission as Landscape Architect on a temporary basis. From time to time he sought extension of time for joining the post and... |
What is the summary of this judgment? | This has been reiterated by alleging that the post was 1096 abolished "solely by the desire to remove the petitioner". It would thus appear that the allegations regarding mala fides or bad faith were quite vague and indefinite, and did not contain any such detail as could enable the other party to answer them adequatel... | The appellant who was an employee of the State Government in the Horticulture department, was on deputation with the Central Government. In May, 1952 he was selected by the State Public Service Commission as Landscape Architect on a temporary basis. From time to time he sought extension of time for joining the post and... |
What is the summary of this judgment? | That was reiterated in the subsequent letter of June 28, 1952. But as will appear from the reply of the respondents, the appellant did not join the post on the appointed date and asked for extension of the joining time. That was allowed upto November, 1952, but the appellant returned to India only in January 1953. He d... | The appellant who was an employee of the State Government in the Horticulture department, was on deputation with the Central Government. In May, 1952 he was selected by the State Public Service Commission as Landscape Architect on a temporary basis. From time to time he sought extension of time for joining the post and... |
What is the summary of this judgment? | The State Government could not therefore be blamed if it took the view that the offer of appointment was not open to him when he wanted to take over charge on June 30, 1953, after a lapse of one year from the date of the appointment, and appointed H. section Dhinse as Landscape Architect. An attempt has been made to ar... | The appellant who was an employee of the State Government in the Horticulture department, was on deputation with the Central Government. In May, 1952 he was selected by the State Public Service Commission as Landscape Architect on a temporary basis. From time to time he sought extension of time for joining the post and... |
What is the summary of this judgment? | It has further been stated that the extension continued upto November 4, 1958. There is therefore no force in the argument that the post was abolished prematurely for, as has been held by the High Court, it was merely allowed to lapse on the expiry of its extended term on November 4, 1958. The appellant has tried to ar... | The appellant who was an employee of the State Government in the Horticulture department, was on deputation with the Central Government. In May, 1952 he was selected by the State Public Service Commission as Landscape Architect on a temporary basis. From time to time he sought extension of time for joining the post and... |
What is the summary of this judgment? | It has been stated that the Committee arrived at the conclusion that the post of Landscape Architect was no longer necessary and decided to abolish it for that reason. The matter was in fact referred to the Cadre Committee which also made a similar recommendation. The order abolishing the post is on the record, and it ... | The appellant who was an employee of the State Government in the Horticulture department, was on deputation with the Central Government. In May, 1952 he was selected by the State Public Service Commission as Landscape Architect on a temporary basis. From time to time he sought extension of time for joining the post and... |
What is the summary of this judgment? | 800/ per mensem or more could be abolished only by the Council of Ministers. While examining the argument, the trial court took notice of the fact that it was not raised in the writ petition, and examined the relevant government files for satisfying itself that the final order was passed by the Minister concerned and t... | The appellant who was an employee of the State Government in the Horticulture department, was on deputation with the Central Government. In May, 1952 he was selected by the State Public Service Commission as Landscape Architect on a temporary basis. From time to time he sought extension of time for joining the post and... |
What is the summary of this judgment? | Moreover, while the controversy regarding the alleged unauthorised expenditure was raised on December 17, 1954, the decision to revert the appellant was taken after some four years on October 29, 1958, and we are not persuaded that there is any force in the argument that the appellant 's alleged exposure of irregularit... | The appellant who was an employee of the State Government in the Horticulture department, was on deputation with the Central Government. In May, 1952 he was selected by the State Public Service Commission as Landscape Architect on a temporary basis. From time to time he sought extension of time for joining the post and... |
What is the summary of this judgment? | There is however no force in this argument also because the adverse entries against him related to the period April 1, 1956 to April 23, 1956 and November 15, 1956 to March 31, 1957, whereas the Estimates Committee met in September, 1957. The other argument that the Chief Engineer went to the extent of preparing the me... | The appellant who was an employee of the State Government in the Horticulture department, was on deputation with the Central Government. In May, 1952 he was selected by the State Public Service Commission as Landscape Architect on a temporary basis. From time to time he sought extension of time for joining the post and... |
What is the summary of this judgment? | We are therefore unable to think that the decision was brought about by bad faith. The appellant has argued further that the order abolishing the post of Landscape Architect was illegal as it denied him the benefit of three months ' notice for termination of his appointment in terms of paragraph 5 of the notification w... | The appellant who was an employee of the State Government in the Horticulture department, was on deputation with the Central Government. In May, 1952 he was selected by the State Public Service Commission as Landscape Architect on a temporary basis. From time to time he sought extension of time for joining the post and... |
What is the summary of this judgment? | 1100 The appellant has tried to argue that the post of Landscape Architect was not continued after November 4, 1958, because the Chief Engineer wanted to recruit Hardayal Singh Johal on that post later on. It has been pointed out that it was for that purpose that the qualifications of the post were reduced to M.Sc. (Ag... | The appellant who was an employee of the State Government in the Horticulture department, was on deputation with the Central Government. In May, 1952 he was selected by the State Public Service Commission as Landscape Architect on a temporary basis. From time to time he sought extension of time for joining the post and... |
What is the summary of this judgment? | The argument is of no consequence because it is not unusual, or out of the way, for the department concerned to complete the record by asking for missing reports from officers who were in a position to supply them and had not retired. At any rate, if it had been the intention to run down the appellant, R. N. Dogra or P... | The appellant who was an employee of the State Government in the Horticulture department, was on deputation with the Central Government. In May, 1952 he was selected by the State Public Service Commission as Landscape Architect on a temporary basis. From time to time he sought extension of time for joining the post and... |
What is the summary of this judgment? | Here again, the argument loses sight of the fact that the order which the Chief Minister had made was that the appellant should be reverted to his parent department, and if the appellant had cared to join, there, it would have been open to him to make a representation for his appointment on a proper post with due regar... | The appellant who was an employee of the State Government in the Horticulture department, was on deputation with the Central Government. In May, 1952 he was selected by the State Public Service Commission as Landscape Architect on a temporary basis. From time to time he sought extension of time for joining the post and... |
What is the summary of this judgment? | That led to the following order of the Chief Minister dated February 13, 1958, "I agree with R. M. but he may kindly arrange to assign requisite staff to the Landscape Architect so that his services may be fully utilised by the Capital Project Administration in the preparation and execution of Landscape Plans. " The ap... | The appellant who was an employee of the State Government in the Horticulture department, was on deputation with the Central Government. In May, 1952 he was selected by the State Public Service Commission as Landscape Architect on a temporary basis. From time to time he sought extension of time for joining the post and... |
What is the summary of this judgment? | It was therefore permissible for the department to issue orders accordingly. At any rate, the earlier order of the Chief Minister dated February 13, 1958 could not give rise to any right in favour of the appellant as it was not expressed in the name of the Governor as required by article 166 of the Constitution and was... | The appellant who was an employee of the State Government in the Horticulture department, was on deputation with the Central Government. In May, 1952 he was selected by the State Public Service Commission as Landscape Architect on a temporary basis. From time to time he sought extension of time for joining the post and... |
What is the summary of this judgment? | He has pointed out that the Government reversed the earlier order expunging the adverse entries by the subsequent order dated December 18, 1958, and it has been argued that this was enough to prove bad faith. Our attention has in this connection been invited to the Deputy Secretary 's note dated August 28, 1959, that t... | The appellant who was an employee of the State Government in the Horticulture department, was on deputation with the Central Government. In May, 1952 he was selected by the State Public Service Commission as Landscape Architect on a temporary basis. From time to time he sought extension of time for joining the post and... |
What is the summary of this judgment? | All the same, he realised that he was unable to do anything for him; and it has not been urged before us that the Governor was in a position to order the appellant 's reinstatement on the post of Landscape Architect. It would thus appear that although the appellant has based his case almost entirely on mala fides, he h... | The appellant who was an employee of the State Government in the Horticulture department, was on deputation with the Central Government. In May, 1952 he was selected by the State Public Service Commission as Landscape Architect on a temporary basis. From time to time he sought extension of time for joining the post and... |
What is the summary of this judgment? | Both the direct and circumstantial evidence, as well as the respondents ' admission and the surrounding circumstances of the case, were admissible to establish lack of bonafide, or bad faith, but the fact remains that, for reasons already stated, he has not succeeded in proving the allegation. As has been held by this ... | The appellant who was an employee of the State Government in the Horticulture department, was on deputation with the Central Government. In May, 1952 he was selected by the State Public Service Commission as Landscape Architect on a temporary basis. From time to time he sought extension of time for joining the post and... |
What is the summary of this judgment? | The Governor has made strong observations in his favour in his minute dated July 17, 1959, and we think it is desirable that the government or governments concerned should make a lump sum payment to him in addition to any terminal benefit he might have received already, so that he may be able to find some solace now th... | The appellant who was an employee of the State Government in the Horticulture department, was on deputation with the Central Government. In May, 1952 he was selected by the State Public Service Commission as Landscape Architect on a temporary basis. From time to time he sought extension of time for joining the post and... |
What is the summary of this judgment? | : Criminal Appeal Nos. 578/88 & 728/89. From the Judgment and Order dated 15.7. 1986 of Patna High Court in Crl. A. Nos. 97 & 87 of 1983. | Appellants 1 and 2, along with other co accused, were prosecuted for the offence of murder. The entire evidence was circumstantial: (a) The murder was committed by Appel lant 2 in the dispensary of the Appellant 1, a doctor, with his connivance; (b) the dead body was taken out of the dispensary of the appellant 1 and t... |
What is the summary of this judgment? | A. Sharan for the Appellants. D. Goburdhan for the Respondent. These two appeals are directed against the judgment and order of the High Court of Patna dated 15.7. 1986 upholding the conviction of Dr. Harendra Narain Singh and Ram Nath Singh, appellants for the offences under Section 302/34 of the I.P.C. Briefly, the f... | Appellants 1 and 2, along with other co accused, were prosecuted for the offence of murder. The entire evidence was circumstantial: (a) The murder was committed by Appel lant 2 in the dispensary of the Appellant 1, a doctor, with his connivance; (b) the dead body was taken out of the dispensary of the appellant 1 and t... |
What is the summary of this judgment? | She was taken to the dispensary of Dr. Harendra Narain Singh, the appellant who was a Homeo pathic doctor on the pretext of treatment of pain in her stomach though the real purpose for taking ' 57 her to the dispensary was for aborting foetus which she was carrying. She was murdered in the dispensary and her dead body ... | Appellants 1 and 2, along with other co accused, were prosecuted for the offence of murder. The entire evidence was circumstantial: (a) The murder was committed by Appel lant 2 in the dispensary of the Appellant 1, a doctor, with his connivance; (b) the dead body was taken out of the dispensary of the appellant 1 and t... |
What is the summary of this judgment? | Tileshwara Kuar and on interrogation she told him that some persons after committing murder of Jagia Devi had kept her dead body inside her house. The door of the house was locked. Tileshwara handed over the key to Teg Bahadur Singh who unlocked the door and entered the house and found the dead body of Jagia lying on t... | Appellants 1 and 2, along with other co accused, were prosecuted for the offence of murder. The entire evidence was circumstantial: (a) The murder was committed by Appel lant 2 in the dispensary of the Appellant 1, a doctor, with his connivance; (b) the dead body was taken out of the dispensary of the appellant 1 and t... |
What is the summary of this judgment? | On completion of investigation the police submitted ' chargesheet against seven accused persons, namely, Tileshwara Kuar, Ram Nath Singh, Bishwanath Roy s/o Dip Roy, Ishwar Shah, Dr. Harendra Narain Singh, Smt. Jota Kuar w/o Dip Roy and Bishwanath Singh alias Bissu. During the pendency of the case before the Trial Cour... | Appellants 1 and 2, along with other co accused, were prosecuted for the offence of murder. The entire evidence was circumstantial: (a) The murder was committed by Appel lant 2 in the dispensary of the Appellant 1, a doctor, with his connivance; (b) the dead body was taken out of the dispensary of the appellant 1 and t... |
What is the summary of this judgment? | Tileshwara Kuar who had been charged for offences under Section 302/34 and 201 of the IPC but it convicted the remaining accused Ram Nath Singh, Ishwar Shah, Harendra Narain Singh & Bishwanath Singh alias Bissu for the offences under Section 302 of the IPC read with Section 34 of the IPC and also under Section 3 15/34,... | Appellants 1 and 2, along with other co accused, were prosecuted for the offence of murder. The entire evidence was circumstantial: (a) The murder was committed by Appel lant 2 in the dispensary of the Appellant 1, a doctor, with his connivance; (b) the dead body was taken out of the dispensary of the appellant 1 and t... |
What is the summary of this judgment? | It is a cardinal principle of criminal jurisprudence that circumstantial evidence must be fully established from which there should be inevitable conclusion of the guilt of the accused beyond any reasonable doubt and the facts so established should be consistent only with the hypothesis of the guilt of the accused, rul... | Appellants 1 and 2, along with other co accused, were prosecuted for the offence of murder. The entire evidence was circumstantial: (a) The murder was committed by Appel lant 2 in the dispensary of the Appellant 1, a doctor, with his connivance; (b) the dead body was taken out of the dispensary of the appellant 1 and t... |
What is the summary of this judgment? | vs State of Maharashtra, ; wherein it was emphasised that where the prosecu tion rests merely on circumstantial evidence, the facts established should be consistent only with the hypothesis of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is gui... | Appellants 1 and 2, along with other co accused, were prosecuted for the offence of murder. The entire evidence was circumstantial: (a) The murder was committed by Appel lant 2 in the dispensary of the Appellant 1, a doctor, with his connivance; (b) the dead body was taken out of the dispensary of the appellant 1 and t... |
What is the summary of this judgment? | There is yet another basic rule of criminal jurisprudence that if two views are possible on the evidence adduced in a case of circumstantial evidence, one pointing to the guilt of the accused and the other to his innocence, the Court should adopt the latter view favourable to the accused. We have reminded ourselves of ... | Appellants 1 and 2, along with other co accused, were prosecuted for the offence of murder. The entire evidence was circumstantial: (a) The murder was committed by Appel lant 2 in the dispensary of the Appellant 1, a doctor, with his connivance; (b) the dead body was taken out of the dispensary of the appellant 1 and t... |
What is the summary of this judgment? | The Doctor who carried on the postmor tem of the dead body was of the opinion that Jagia Devi killed by strangulation in the neck. (3) 1n the night be tween 22.9. 1973 and 23.9.1973, a dead body was taken out of the dispensary of Dr. Harendra Narain Singh by the accused Ram Nath Singh and Bish wanath Singh alias Bissu ... | Appellants 1 and 2, along with other co accused, were prosecuted for the offence of murder. The entire evidence was circumstantial: (a) The murder was committed by Appel lant 2 in the dispensary of the Appellant 1, a doctor, with his connivance; (b) the dead body was taken out of the dispensary of the appellant 1 and t... |
What is the summary of this judgment? | (5) Recovery of the dead body of Jagia Devi from the courtyard of Smt. Tileshwara Kuar, an accused. On the basis of these circumstances, the High Court upheld the conviction of Ram Nath Singh and Dr. Harendra Narain Singh, the appellants, as in its opinion Ram Nath Singh had motive to murder Jagia Devi as she being a w... | Appellants 1 and 2, along with other co accused, were prosecuted for the offence of murder. The entire evidence was circumstantial: (a) The murder was committed by Appel lant 2 in the dispensary of the Appellant 1, a doctor, with his connivance; (b) the dead body was taken out of the dispensary of the appellant 1 and t... |
What is the summary of this judgment? | In appeal the High Court acquitted Ishwar Shah and Bishwa nath Singh alias Bissu also. The prosecution evidence and the circumstances on the basis of which Ram Nath Singh and Dr. Harendra Narain Singh have been convicted are the same as applicable to the case of Ishwar Shah and Bishwanath Singh alias Bissu, but the Hig... | Appellants 1 and 2, along with other co accused, were prosecuted for the offence of murder. The entire evidence was circumstantial: (a) The murder was committed by Appel lant 2 in the dispensary of the Appellant 1, a doctor, with his connivance; (b) the dead body was taken out of the dispensary of the appellant 1 and t... |
What is the summary of this judgment? | The High Court has placed strong reliance on the evi dence of PW 10 Amanat Khan in holding the appellants Dr. Harendra Narain Singh and Ram Nath Singh guilty of murder. PW 10 Amanat Khan was an ekkawala who plied passengers on hire, he was resident of village Bagaura, where the dispen sary of Dr. Harendra Narain Singh ... | Appellants 1 and 2, along with other co accused, were prosecuted for the offence of murder. The entire evidence was circumstantial: (a) The murder was committed by Appel lant 2 in the dispensary of the Appellant 1, a doctor, with his connivance; (b) the dead body was taken out of the dispensary of the appellant 1 and t... |
What is the summary of this judgment? | According to him Ram Nath and Bishwanath, deceased brought a dead body from the dispensary of the appellant Harendra Narain Singh and placed the 61 same on the ekka. Ram Nath Singh, Bishwanath Singh alias Bissu and Smt. Jota Kuar also sat in the ekka. On their request he carried them to village Dibbi Where Ram Nath and... | Appellants 1 and 2, along with other co accused, were prosecuted for the offence of murder. The entire evidence was circumstantial: (a) The murder was committed by Appel lant 2 in the dispensary of the Appellant 1, a doctor, with his connivance; (b) the dead body was taken out of the dispensary of the appellant 1 and t... |
What is the summary of this judgment? | Their testimony is merely to the fact that the appellants Ram Nath Singh and Bishwanath Singh were sitting on the ekka which was carrying a dead body from the dispensary of Dr. Harendra Narain Singh. Placing reliance on the testimony of these witnesses the High Court and the Trial Court concluded that Smt. Jagia Devi, ... | Appellants 1 and 2, along with other co accused, were prosecuted for the offence of murder. The entire evidence was circumstantial: (a) The murder was committed by Appel lant 2 in the dispensary of the Appellant 1, a doctor, with his connivance; (b) the dead body was taken out of the dispensary of the appellant 1 and t... |
What is the summary of this judgment? | There is further no evidence as to who brought her to the dispensary in what condition. The only evidence which the prosecution has produced in this respect is that a dead body was taken out from the dispensary of Dr. Harendra Narain Singh and placed on the ekka by Ram Nath Singh and others and taken to village Dibbi. ... | Appellants 1 and 2, along with other co accused, were prosecuted for the offence of murder. The entire evidence was circumstantial: (a) The murder was committed by Appel lant 2 in the dispensary of the Appellant 1, a doctor, with his connivance; (b) the dead body was taken out of the dispensary of the appellant 1 and t... |
What is the summary of this judgment? | While dealing with the case of Dr. Harendra Narain Singh the High Court observed that he was a man of shaky charac ter. This observation was made on the basis that even though he was a homeopathic doctor but allopathic medicines were recovered from his dispensary. In our opinion, mere recovery of allopathic medicines f... | Appellants 1 and 2, along with other co accused, were prosecuted for the offence of murder. The entire evidence was circumstantial: (a) The murder was committed by Appel lant 2 in the dispensary of the Appellant 1, a doctor, with his connivance; (b) the dead body was taken out of the dispensary of the appellant 1 and t... |
What is the summary of this judgment? | The High Court failed to give any cogent reason for upholding the conviction of Dr. Haren dra Narain Singh. We have carefully gone through the evidence on record and considered the various circumstances and the facts of the case. In our opinion, there are two glaring circum stances which are fatal to the prosecution ca... | Appellants 1 and 2, along with other co accused, were prosecuted for the offence of murder. The entire evidence was circumstantial: (a) The murder was committed by Appel lant 2 in the dispensary of the Appellant 1, a doctor, with his connivance; (b) the dead body was taken out of the dispensary of the appellant 1 and t... |
What is the summary of this judgment? | In the absence of such evidence it would not be reasonable to assume that the dead body which was taken out from the dispensary and placed on the ekka was that of the deceased Jagia Devi. In the absence of identification of dead body by the witnes ses it is not legitimate to hold that the dead body which was taken out ... | Appellants 1 and 2, along with other co accused, were prosecuted for the offence of murder. The entire evidence was circumstantial: (a) The murder was committed by Appel lant 2 in the dispensary of the Appellant 1, a doctor, with his connivance; (b) the dead body was taken out of the dispensary of the appellant 1 and t... |
What is the summary of this judgment? | Merely because the appellants failed to raise any such plea in their defence does not lend any support to the prosecu tion case. The prosecution has to succeed on the basis of its own evidence and it can not rely on the absence of defence to sustain the guilt as there is no justification for raising such assumption aga... | Appellants 1 and 2, along with other co accused, were prosecuted for the offence of murder. The entire evidence was circumstantial: (a) The murder was committed by Appel lant 2 in the dispensary of the Appellant 1, a doctor, with his connivance; (b) the dead body was taken out of the dispensary of the appellant 1 and t... |
What is the summary of this judgment? | ivil Appeal No. 1810 of 1982. From the Judgment and Order dated 30.3.1982 of the Delhi High Court in S.A.O. No. 204 of 1980. Ram Panjwani and Vijay Panjwani for the Appellant. | The Respondent landlord filed a petition under section 14(1)(b) of the Delhi Rent Control Act 1958 for an order of eviction of the appellant tenant from a shop situate at G.T. Road, Delhi on the ground that the tenant Duli Chand had sub let or parted with the possession of the said shop after the 9th of June 1952 to M/... |
What is the summary of this judgment? | Avadh Behari Rohtagi and P.N. Gupta for the Respondent. The Judgment of the Court was delivered by V. RAMASWAMI, J. The tenant is the appellant. The re spondent landlord filed a petition under section 14(1)(b) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act ') for an order of eviction of the ap... | The Respondent landlord filed a petition under section 14(1)(b) of the Delhi Rent Control Act 1958 for an order of eviction of the appellant tenant from a shop situate at G.T. Road, Delhi on the ground that the tenant Duli Chand had sub let or parted with the possession of the said shop after the 9th of June 1952 to M/... |
What is the summary of this judgment? | 467 25 A) Azadpur, G.T. Road, Delhi, on the ground that the tenant Duli Chand has sub:let or parted with the possession of the said shop after 9th day of June, 1952 to M/s Hira Lal Sri Bhagwan illegally and without the written consent of the landlord. The main contention of the tenant was that there was no sub letting ... | The Respondent landlord filed a petition under section 14(1)(b) of the Delhi Rent Control Act 1958 for an order of eviction of the appellant tenant from a shop situate at G.T. Road, Delhi on the ground that the tenant Duli Chand had sub let or parted with the possession of the said shop after the 9th of June 1952 to M/... |
What is the summary of this judgment? | A reply statement was filed by the land lord to the effect that though Sri Bhagwan was the natural son of the tenant Duli Chand, he had been given in adoption to Hira Lal, that on such adoption Sri Bhagwan had gone out of the family of the respondent and that it was a clear case of sub letting or parting with the posse... | The Respondent landlord filed a petition under section 14(1)(b) of the Delhi Rent Control Act 1958 for an order of eviction of the appellant tenant from a shop situate at G.T. Road, Delhi on the ground that the tenant Duli Chand had sub let or parted with the possession of the said shop after the 9th of June 1952 to M/... |
What is the summary of this judgment? | The second appeal filed by the tenant to the High Court was dismissed confirming the finding of the Rent Control Tribunal that the tenant had parted with possession of the tenanted shop. Section 14(1)(b) of the Act provides that the Rent Controller may on an application made to him in the pre scribed manner make an ord... | The Respondent landlord filed a petition under section 14(1)(b) of the Delhi Rent Control Act 1958 for an order of eviction of the appellant tenant from a shop situate at G.T. Road, Delhi on the ground that the tenant Duli Chand had sub let or parted with the possession of the said shop after the 9th of June 1952 to M/... |
What is the summary of this judgment? | So long as the tenant retains the fight to possession there is no parting with possession in terms of clause (b) of section 14(1) of the Act. " The facts in this case as found by the Rent Control Tribunal which was accepted by the High Court are that the concern M/s Hira Lal Sri Bhagwan is the sole proprietary concern ... | The Respondent landlord filed a petition under section 14(1)(b) of the Delhi Rent Control Act 1958 for an order of eviction of the appellant tenant from a shop situate at G.T. Road, Delhi on the ground that the tenant Duli Chand had sub let or parted with the possession of the said shop after the 9th of June 1952 to M/... |
What is the summary of this judgment? | The Appellate Tribunal and the High Court have dealt with the evidence available in this case in detail and came to the conclusion that Sri Bhagwan was adopted by Hira Lal. It is not neces sary for us to rely on the evidence available or the find ings as proof of a valid adoption under Hindu Law but the evidence and th... | The Respondent landlord filed a petition under section 14(1)(b) of the Delhi Rent Control Act 1958 for an order of eviction of the appellant tenant from a shop situate at G.T. Road, Delhi on the ground that the tenant Duli Chand had sub let or parted with the possession of the said shop after the 9th of June 1952 to M/... |
What is the summary of this judgment? | The first wit ness was an Inspector of House Tax According to this witness in the House Tax assessment register Sri Bhagwan was shown as the son of Hira Lal and residing at 26 Sarai Peepal Thalla, which was the residence of Hira Lal and not that of tenant Duli Chand. The next witness was an Upper Division Clerk of the ... | The Respondent landlord filed a petition under section 14(1)(b) of the Delhi Rent Control Act 1958 for an order of eviction of the appellant tenant from a shop situate at G.T. Road, Delhi on the ground that the tenant Duli Chand had sub let or parted with the possession of the said shop after the 9th of June 1952 to M/... |
What is the summary of this judgment? | This Court has considered the scope of section 91 in Bai Hira Devi and Others vs The Official Assignee of Bombay, ; it was held therein: "The normal rule is that the contents of a document must be proved by primary evidence which is the document itself in original. Section 91 is based on which is sometimes de scribed a... | The Respondent landlord filed a petition under section 14(1)(b) of the Delhi Rent Control Act 1958 for an order of eviction of the appellant tenant from a shop situate at G.T. Road, Delhi on the ground that the tenant Duli Chand had sub let or parted with the possession of the said shop after the 9th of June 1952 to M/... |
What is the summary of this judgment? | The evidence may be worth nothing without production of the extracts from the property register or the other books maintained by the departments. However, that does not make the evidence itself inadmissible. The learned counsel for the appellant then contended that Sri Bhagwan had been carrying on business right from 1... | The Respondent landlord filed a petition under section 14(1)(b) of the Delhi Rent Control Act 1958 for an order of eviction of the appellant tenant from a shop situate at G.T. Road, Delhi on the ground that the tenant Duli Chand had sub let or parted with the possession of the said shop after the 9th of June 1952 to M/... |
What is the summary of this judgment? | The tenant in his evidence has stated that the firm M/s Hira Lal Sri Bhagwan is functioning in the disputed premises for the last 18 years. The Rent Controller found that Shri Bhagwan was doing business in the said premises since 1962, i.e., after the death of Hira Lal. On the basis of this evidence the learned counsel... | The Respondent landlord filed a petition under section 14(1)(b) of the Delhi Rent Control Act 1958 for an order of eviction of the appellant tenant from a shop situate at G.T. Road, Delhi on the ground that the tenant Duli Chand had sub let or parted with the possession of the said shop after the 9th of June 1952 to M/... |
What is the summary of this judgment? | Sardar Ranjit Singh, ; this Court held that, a waiver is an intentional relinquishment of a known right. There can be no waiver unless the person against whom the waiver is claimed had full knowledge of his right and of facts enabling him to take effectual action for the enforce ment of such right. In the present case,... | The Respondent landlord filed a petition under section 14(1)(b) of the Delhi Rent Control Act 1958 for an order of eviction of the appellant tenant from a shop situate at G.T. Road, Delhi on the ground that the tenant Duli Chand had sub let or parted with the possession of the said shop after the 9th of June 1952 to M/... |
What is the summary of this judgment? | This Court considering the need for obtaining a consent in writ ing under the provision, in M/s. Shalimar Tar Products Ltd. vs H.C. Sharma and Others, ; quoted with ap proval the following passage from the judgment of the High Court in Delhi Vanaspati Syndicate vs M/s. Bhagwan Dass, Faquir Chand: "Section 16 of the Act... | The Respondent landlord filed a petition under section 14(1)(b) of the Delhi Rent Control Act 1958 for an order of eviction of the appellant tenant from a shop situate at G.T. Road, Delhi on the ground that the tenant Duli Chand had sub let or parted with the possession of the said shop after the 9th of June 1952 to M/... |
What is the summary of this judgment? | It does not say that the requisite consent should be obtained before sub letting the premises and the consent obtained after sub letting will not enure for the benefit of the tenant. However, sub section (3) of Section 16 prohib its subletting of the premises after commence ment of Act of 1958 without the 'previous ' c... | The Respondent landlord filed a petition under section 14(1)(b) of the Delhi Rent Control Act 1958 for an order of eviction of the appellant tenant from a shop situate at G.T. Road, Delhi on the ground that the tenant Duli Chand had sub let or parted with the possession of the said shop after the 9th of June 1952 to M/... |
What is the summary of this judgment? | The purpose seemed to be that the consent of the landlord evidenced by a writing would cut out litiga tion on this ground. After all a landlord could always agree to sub letting either before or after sub letting of the premises. For that reason no condition was laid down that such consent should be obtained before sub... | The Respondent landlord filed a petition under section 14(1)(b) of the Delhi Rent Control Act 1958 for an order of eviction of the appellant tenant from a shop situate at G.T. Road, Delhi on the ground that the tenant Duli Chand had sub let or parted with the possession of the said shop after the 9th of June 1952 to M/... |
What is the summary of this judgment? | This Court further observed that the requirement of consent to be in writing was to serve a public purpose, i.e., to avoid dispute as to whether there was consent or not and that, therefore, mere permission or acquiescence will not do. While noting that everyone has a right to waive and to agree to waive the advantage ... | The Respondent landlord filed a petition under section 14(1)(b) of the Delhi Rent Control Act 1958 for an order of eviction of the appellant tenant from a shop situate at G.T. Road, Delhi on the ground that the tenant Duli Chand had sub let or parted with the possession of the said shop after the 9th of June 1952 to M/... |
What is the summary of this judgment? | We do not think it necessary to refer to them in view of the direct decision of this Court on this point. In the circumstances, there are no grounds to interfere with the decisions of the courts below. This appeal is accordingly dismissed with costs. Y. Lal Appeal dis missed. | The Respondent landlord filed a petition under section 14(1)(b) of the Delhi Rent Control Act 1958 for an order of eviction of the appellant tenant from a shop situate at G.T. Road, Delhi on the ground that the tenant Duli Chand had sub let or parted with the possession of the said shop after the 9th of June 1952 to M/... |
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