Court : Delhi
Reported in : 1993IIIAD(Delhi)747; 1993(3)Crimes642; 51(1993)DLT616; 1993(27)DRJ313
..... similarly, where the involvement of persons who are not already accused comes to the notice of the investigating agency, the investigating agency cannot keep quiet and refuse to investigate the fresh information. ..... when it comes to the notice of the investigating agency that a person already accused of an offence has a good alibi, is it not the duty of that agency to investigate the genuineness of the plea of alibi and submit a report to, the magistrate. ..... after all the investigating agency has greater resources at its command than a private individual. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1986Delhi559
..... 'a study of sukhdev's case : (1975)illj399sc (a) constitution bench decision of this court) yields the clear result that the preponderant considerations for pronouncing an entity as state agency or instrumentality arc (1) financial resources of the state being the chief funding source, (2) functional character being governmental in essence, (3) plenary control residing in government, (4) prior history of the same activity having been carried on by government and ..... under the companies act, 1956 or it may be a society registered under tile societies registration act, 1860 or any other similar stature what ever be its genetical origin, it would be an 'authority' within the meaning of article 12 if it is an instrumentality or agency .of the government and that would have to be decided on a proper assessment of the facts in the light of the relevant fuctors. ..... ' (7) thus the test is whether .1 he company is an instrumentality or the agency of the government and not as to how it is created. ..... the tinale is reached when the cumnulative effect of all the relevant factors above set out is assessed and once the body is found to be an instrument or agency of government, the further conclusion emerges that it is. ..... ' '40.the state is an abstract entity and it can, thereforee, only act through its agencies or instrumentalities, whether such agency or instrumentality be human or justice. .....
Tag this Judgment!Court : Delhi
Reported in : 112(2004)DLT500; 2004(75)DRJ713; 2005(3)SLJ231(Delhi)
..... (a) 'mdi has been approved by the government of india, department of personal and training 'as an agency for conducting the first ever intensive 15-month national management programme (nmp) for government officers belonging to ias/group 'a' services as well as executives of public and private sector organizations having potential to acquire top positions. ..... 2 has been approved by the government of india, department of personnel and training as an agency for conducting national management programme for government officers belonging to the indian administrative service and other group a services as well as executives of public and private sector organisations. ..... by virtue of conducting long duration educational programmes of national importance, mdi is performing sovereign function and shouldering the responsibility as an instrumentality or agency of state as enunciated in the article 12 of the constitution of india.' 16. ..... thus, mdi is an instrumentality or agency of state in its own right too.mdi conducts two educational programmes, namely, 'post-graduate programme in management' (two-year mba programme) and 'national management programme' (a 15-month executive diplomas being recognised by aicte as equivalent to ..... manila, an outside agency, i had to go by the time frame and budget allotment of the aim, manila. .....
Tag this Judgment!Court : Delhi
Reported in : 2000IVAD(Delhi)45; AIR2001Delhi435; 85(2000)DLT587
..... or direction to quash the show cause notices dated 28.6.99 and 12.11.99 issued by the respondent no.1 and b) issue a writ of mandamus or any other appropriate writ or order directing the respondents to constitute a committee of independent agencies/bodies/persons to evaluate the legitimate/fair license fee payable in respect of the said land, having regard to the license fee paid by other hotels which are similarly situated as well as the economic viability of the ..... involves public law element, then the matter can be examined by the high court in writ petitions under article 226 of the constitution of india to see whether action of the state and/or instrumentality or agency of the state is fair, just and equitable or that relevant factors are taken into consideration and irrelevant factors have not gone into the decision making process or that the decision is not arbitrary. ..... petitioners also relied upon various letters written by the petitioners to ndmc as per which payments were made on the understanding that an independent agency/committee would be constituted by ndmc to determine the fair and equitable quantum/rate of license fee payable by the petitioners and it was submitted that the petitioners kept on making ..... (ix) if the contract between private party and the state/instrumentality and/or agency of state is under the realm of a private law and there is no element of public law, the normal course for the aggrieved party, is to invoke the remedies provided under ordinary .....
Tag this Judgment!Court : Delhi
Reported in : (1985)IILLJ193Del; 1985(1)SLJ160(Delhi)
..... ) constituting the bench; who held that sail is an agency or an instrumentality and hence an authority within article 226 of the constitution. ..... this deep and pervasive state control may afford an indication that the corporation is a state agency or instrumentality (test no. ..... also see 1984 (9) what has to be seen is whether there is so much over all control of the government that it cannot be anything but an agency of the government. ..... (7) the test thereforee is to see whether the corporation is an instrumentality or agency of the government. ..... (6) it is well established that whether corporation is created by a statute or it may be a government company or a company formed under the companies act, it would be an authority within article 12 if it is 'an instrumentality or agency of the government. ..... the only manner the present arrangement can be justified is by the holding of trade fair authority being agency of government. mr. ..... the first test is 'one thing is clear that if the entire share capital of the corporation is held by the government it would go a long way towards indicating that the corporation is an instrumentality or agency of government. .....
Tag this Judgment!Court : Delhi
Reported in : 2006CriLJ1366; 127(2006)DLT317; 2006(87)DRJ187
..... it is also stated that the investigating agency has over-looked the circumstances under which the columns relating to the attendance and percentage were left blank in the report card of vishal in contrast to the entries appearing in the report cards of other students. ..... standing counsel on the basis of the expert opinion and otherwise also tried to show that there is no tampering or manipulation in the report card of the son of the petitioner and, thereforee, cancellation report filed by the investigating agency is justified. ..... , this court is of the opinion that the investigation conducted so far does not inspire confidence and, thereforee, there is an imperative need that further investigation is conducted in the matter by somewhat better equipped and independent investigation agency. ..... rather it would appear that the investigation was taken in a perfunctory manner losing the objectivity as is required from an independent investigating agency. .....
Tag this Judgment!Court : Delhi
Reported in : 61(1996)DLT678; 1996(36)DRJ361
..... (55) all these circumstances, create serious doubts in the genuineness of these recoveries as well as in the bonafides of the investigating agency and, in the circumstances, it would not be safe to sustain conviction on the basis of these recoveries. ..... the fact that no public witness was joined by the investigating agency at the time of recovery in itself would not render the testimony of police officials for this reason alone unreliable. ..... this is another circumstance casting doubt on the bonafides of the investigating agency. ..... and other articles belonging to the deceased were available on 23.11.1987 but very strangely these articles were sent to cfsl after 25 days on 18.12.87 and there is no explanationn for this inordinate delay on the part of the investigating agency. .....
Tag this Judgment!Court : Delhi
Reported in : 1997IIIAD(Delhi)440; II(1997)BC102; 67(1997)DLT1; 1997(41)DRJ515
..... sent its communication dated 10.10.1996 and mentioned in sub-paras (iii) to (vii) of para 1 giving its reasons which read as follows:- '(iii)the bank noted that the executing agency's recommendation to the government and the bank was that: (a) option b was better value for money on a life cycle cost basis although it involved higher initial expenditure under the project; ..... validity); (v) the bank noted that the lowest evaluated substantially responsive bid amongst all the bids was the lowest evaluated bid for option .a identified by the executing agency; (vi) the bank was mindful of the schedule and management arrangements for this project which required, for economic and efficient implementation, that: (a) a single project implementation unit be established ..... not robust as the assumptions appeared to be doubtful; that for the efficient and economic management, a single project implementation unit was to be established by the executing agency to serve contracts ii and iii, that a single construction supervision contract was necessary for contracts ii and iii, and that civil works for both contracts be awarded at the same time. ..... option b, the adb mentioned their conclusions in paras 2 and 3 of the said letter as follows: '2.the bank carefully reviewed the recommendations of the executing agency, the points noted above and the case for and against each bid being ruled as substantially responsive, eligible and qualified, as well as the determination of evaluated bid prices. .....
Tag this Judgment!Court : Delhi
Reported in : 1997IAD(Delhi)20; 64(1996)DLT232; 1996(39)DRJ814
..... (5) in response to this argument, the learned counsel for the petitioner submitted that after a challan is filed under section 173 of the code of criminal procedure, the investigating agency as well as the magistrate become functus officio and neither of them can direct or carry out further investigation in the matter. ..... (16) in view of the above discussion we conclude that a magistrate has power to order further investigation into an alleged crime even after a challan is filed by the investigating agency in his court as per section 173(2) code of criminal procedure. ..... this view places a hindrance in the way of the investigating agency which can be very unfair to the prosecution and, for that matter, even to the accused. ..... narang's case, the supreme court considered the various judgments on the point before arriving at the conclusion in favor of further investigation into a crime even after filing of challan in the court of the magistrate by the investigating agency. ..... '(10) sub-section (8) confers specific powers for further investigation in respect of an offence after a report under sub-section (2) has been forwarded to the magistrate and that investigation has to be done by the investigating agency. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1992Delhi207; [1992]75CompCas653(Delhi); 47(1992)DLT566
..... such satisfaction is not arrived at then the board may think it necessary or expedient in public interest to adopt all or any of the provisions of section 18 and direct the appointment of an operating agency which has been done in the present case if the board does not or cannot act under section 17(3) then the only action which the board can take, to our mind, is to form an ..... reading the two orders dated 7th may, 1990 and 17th august 1990 of the board it is clear that it came to the conclusion that the operating agency was not in a position to prepare a scheme as contemplated by section 18 of the act having already determined, vide order dated 24th february, 1989, that the provisions of section 17(1) were not applicable and ..... on behalf of the respondents it is contended that when no concrete proposal had been received from the petitioner the operating agency could not formulate any scheme and, thereforee, the only order which could legitimately be passed in the present case was an order ..... the order then referred to the proceedings of 7th may, 1990 and it was observed that after the operating agency had pointed out that the petitioner company had not submitted any detailed workable proposal till that date, the board would have straightaway passed orders as it ..... passed an order on 7th may, 1990 in which it took note of the contention of the operating agency to the effect that the petitioner bad only submitted certain papers/information which contained general outline of their plans .....
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