Court : Delhi
Reported in : 2003VIIAD(Delhi)161; 106(2003)DLT573; 2003(71)DRJ376
..... cm'v)in the contract there was provision for payment of agency commission to the petitioner as per which, commission was to be paid to the petitioner in indian rupees at it buying rate of exchange in a particular manner.3. ..... (v) that 50% agency commission payable to the petitioner was wrongfully withheld (vi) that dgss&d;'s objection regarding the test equipment being inadequate and their insistence on engaging m/s omega electronics scale company (a third party) developing the test equipment ..... on its own application to clear the landed consignment unilaterally and unjustifiably neither extended the l/c for the balance 10% payment to barin spa, nor paid due from 7.2.1997 the pro-rata share of the petitioner's agency commission. ..... on its own application to clear the landed consignment unilaterally and unjustifiably, neither extended the l/c for the balance 10% payment to barin, spa, nor paid due from 7.2.1997 the pro-rata share of the petitioner's agency commission. ..... barin was to pay the petitioner agency commission. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1995Delhi370; [1995]83CompCas606(Delhi); 1995(32)DRJ727
..... losses within a reasonable time and .that it is necessary or expedient in the public interest to adopt all or any of the measures specified in section 18 in relation to the said company it may, as soon as may be, by order in writing, direct any operating agency specified in the order to prepare, having regard to such guidelines as may be specified in the order, a scheme providing for such measures in relation to such company. ..... during the hearing held on 6 march 1991 industrial development bank of india (idbi) was appointed as the operating agency to prepare a rehabilitation scheme if feasible after examining the technical viability of the sick company. ..... jain, learned counsel for the petitioners, said that since the operating agency was bound to come up with a scheme of its own and it having failed to do so, the bifr was incapacitated in sanctioning the impugned rehabilitation scheme given by the eicc (fifth respondent). ..... in case it was not feasible to frame a scheme the operating agency could have filed an application for review of the order passed by the bifr under section 17(3) of the act. ..... (5) in its meeting on 21 february 1994 the bifr noted the submission of the representative of the operating agency that the existing promoters of the sick company, i.e. ..... after we had issued notice to show cause as to why rule nisi be not issued and which was limited to the question as to what was the effect of the operating agency not itself coming up with the scheme, an application (c.m. no. .....
Tag this Judgment!Court : Delhi
Reported in : 152(2008)DLT458; 2008(104)DRJ266
..... the central government to set a committee to analyze the entire gamut, of issues thrown up by the present controversy the central government had consequently constituted a committee comprising high level functionaries drawn from various governmental/institutional agencies who were equipped to deal with the entire range of technical and long-term considerations involved. ..... while the aesthetic issue has been directed to be handled by dmrc itself, an expert agency has to be engaged to study and address the privacy, vibration and noise issues. ..... here the only point to consider is whether the decision-making agency took a well-informed decision or not. ..... such matters should then be left to the mature wisdom of the government or the implementing agency for it is their forte. ..... such matters must be left to the mature wisdom of the government or the implementing agency. .....
Tag this Judgment!Court : Delhi
Reported in : 114(2004)DLT779; 2004(77)DRJ510
..... if this steel tower is electrified then it will effect the frontal of csc site to be constructed by the agency concerned and may pose hazard to the commuters/space buyers.you are, thereforee, requested to please explore the possibility for shifting/ removing this steel tower on suitable place without affecting the frontage of csc ..... response of the ndpl was that the area was developed by dda which is the land owning agency as well as sponsoring agency. .....
Tag this Judgment!Court : Delhi
Reported in : 2003CriLJ1908; 102(2003)DLT592; 2003(66)DRJ616
..... . about the importance of motive the court observed as under:-'normally, there is a motive behind every criminal act and that is why investigating agency as well as the court while examining the complicity of an accused try to ascertain as to what was the motive on the part of the accused to commit the ..... been established by means of cogent and reliable evidence and it cannot be said that any blood stains which might have been left in the bathroom on or around 28-5-1979 were in fact collected by the investigating agency of belgium on those dates and the blood group of the said sample matched with the blood group of namita ..... , learned counsel for the appellant has submitted before us that the statements made by the belgium and u.k witnesses before the investigating agencies of those countries cannot be treated as or akin to the statement under section 164 crl. p.c ..... shocking to note that during the course of examination of the witnesses, most of the witnesses have affirmed/confirmed their earlier depositions made before the investigating agencies without deposing in regard to those facts before the said judicial authorities ..... belgium; the investigation of the case having been conducted by the agencies of three countries -- to begin with in belgium and uk and ..... . witnesses before the investigating agencies are admissible in evidence because they can be treated as previous statements or akin to the statements of the witnesses made under section 164 cr.p.c and they are not hit by .....
Tag this Judgment!Court : Delhi
Reported in : 131(2006)DLT533; 2006(89)DRJ510
..... in case the respondents had made the payments to the placement agency without obtaining any proper receipts from the said agency or authorization by the petitioner or his daughter to the agency to collect for her, they cannot be absolved of the responsibility of payment of wages. ..... of course, they would have a right to claim the amount from the said placement agency, if paid to them.7. ms. ..... 20,000/- to the placement agency and rs. ..... petitioner states that neither he nor his daughter received any amount from the placement agency. .....
Tag this Judgment!Court : Delhi
Reported in : (2009)222CTR(Del)526; [2009]177TAXMAN434(Delhi)
..... the tribunal also noted that the transfer pricing officer in the assessment years 2002-03, 2003-04, 2004-05 had accepted the percentage of agency commission paid by the assessee confirmed to the arms length price.11.2 in view of the aforesaid findings and the reasoning adopted by the tribunal, we find no fault with the conclusion arrived at by ..... extent disagreed with the conclusion of cit(a) as well, that the provisions of section 40a(2) or section 92 of the act could be brought into play to restrict the claim of the assessee towards payment of agency commission at the rate of 5% on the ground that the same was excessive and unreasonable. ..... as regards the other related issue as to whether the claim of the assessee towards payment of agency commission should be restricted to 5% as held by the cit(a), the tribunal after noting the submissions of the assessee in paragraph 23 of the impugned judgment came to the conclusion that once it is held that ..... that gge had not rendered any service the cit(a) noted; the fact that the collaboration agreement which was executed prior in point of time to the export sales agency agreement, itself provided for appointment of an agent for the purposes of carrying out exports. ..... value of the goods for which the assessee had paid commission, the claim of the assessee could not be restricted by resorting to the clause in the collaboration agreement in which the agency commission had been pegged at 5%, by treating the same as evidence of fair market value. .....
Tag this Judgment!Court : Delhi
Reported in : 2002IVAD(Delhi)311; 2002(2)ARBLR176(Delhi); 97(2002)DLT902
..... during this period another agency was directed to completed the work. ..... the arbitrator has observed that the case of the claimant is that the work was illegally and arbitrarily rescinded by the respondents in december, 1981 and subsequently the balance - work got executed through another agency namely shri r.s. ..... the agency who executed the balance work after his contract had been rescinded. ..... 1,32,939/- towards balance work which was executed at the risk and costs of the claimant through contractor by another agency. ..... the learned arbitrator, in a detailed speaking award, has mentioned that work was rescinded in december 1981 and subsequently the balance work got executed by some other agency. .....
Tag this Judgment!Court : Delhi
Reported in : 1994IIAD(Delhi)768; 53(1994)DLT636; 1994(28)DRJ526
..... thereforee, we hold that the impugned order dated 24th of april 1993 passed by the respondents, terminating the sales agency agreement of the petitioner, is wholly arbitrary, unreasonable, unfair and unjust. ..... obviously, it is open to the concerned authority to suspend operation of the agency, pending enquiry into alleged contravention of any of the stipulated conditions, rather than proceeding to terminate the ..... for the exercise of the power of suspension or termination of the agency under clause 15 of the agreement, certain conditions specified therein must exist ..... (17) furthermore, there appears to be no justification for termination of the agency agreement of the petitioner firm merely because the three partners of the firm are the sons of r.l.moria, on the allegation that he was involved in the racket of free complimentary passenger tickets of the iac ..... further, the impugned order terminating the petitioner's agency agreement was passed, without giving any opportunity of being heard and without any rhyme or reason, as a part of the ..... has arisen in this petition under article 226 of the constitution of india is whether order dated 24th of april 1993 passed by the respondent indian airlines corporation (hereinafter referred to as the iac) terminating sales agency agreement of the petitioner can be sustained in law. ..... 15b of the agreement between the parties, the respondent corporation thought it fit to terminate the domestic passenger agency agreement of the petitioner-corporation. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1988Delhi642
..... (6) specifically, if a department of government is transferred to a corporation, it would be a strong factor supportive of this inference of the corporation being an instrumentality or agency of government.it was observed in this judgment that there cannot be indeed a straight jacket formula and it is not necessary that all the tests should be satisfied for reaching the conclusion either for or against holding an institution ..... necessary to refer to various cases decided by the supreme court laying down different factors which are to be kept in view to see whether a particular corporation or a society can be treated to be in instrumentality or agency of the government except to the latest judgment of the supreme court in tekraj vasandi alias, k.l. ..... the tests enumerated above and particularly the observations made by the supreme court in the case of sheela barse (supra), a conclusion must be reached in the present case that the respondent-society is an instrumentality or agency of the government of india, hence is covered by the definition of state and i hold accordingly.9. ..... state the government control is very pervasive and in fact touches all aspects of social existence and in the absence of a fair application of the tests to be made, there is possibility of turning every non-governmental society into an agency or instrumentality of the state. ..... these provisions i have to see whether the respondent society can be termed to be an instrumentality or agency of the government of india. .....
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