Court : Delhi
Reported in : [1984]55CompCas81(Delhi); 1982CriLJ2230; ILR1983Delhi419
..... amamath, , for the reasons given therein that removal cannot be construbd in a limited sense and it must mean removal by an act of some agency or authority apart from the automatic vacation of office under some statutory provision. ..... should be construed to mean not a private office but a public office- an agency for the state the duties of which involve in their performance the exercise of some portion of soverign power, either great or small, either in making, executing or administering the laws (black's law dictionary-5th edn.). ..... even if such a body being an instrumentality or agency of the state is a state or authority for the purpose of article 12 of the constitution, yet it cannot be said that the employees of the corporation or its directors are employed in the affairs of the union. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1982Delhi446; 22(1982)DLT23
..... this case culled the test from the previous decisions especially from the international airport authority's and laid down that the preponderant consideration for pronouncing an entity as state agency or instrumentality are (i) financial resources of the state being the chief funding source ; (ii) functional character being governmental in essence : (iii) plenary control residing in government; (iv) prior history of the same activity having ..... authority of lndia(4), wherein it was observed :---- 'wemay point out here that when we speak of a corporation being an instrumentality of agency of government, we do not mean to suggest that the corporation should be an agent of the government in the sense that whatever it does should ..... counter affidavit rather shows that the sangh is a non-profit all india voluntary organisation and brings on a common platform various agencies, voluntary organisations, governmental, distinguished medical scientists and social workers. ..... have to be decided on a consideration of the relevant factors whether the company or society is an instrumentality or an agency of the government so as to come within the meaning of an authority under article 12.(9) mr. ..... refer to his pleadings to show that the sangh is an instrumentality or an agency of the state we permitted the counter affidavit to be filed by the respondents ..... various government officers including the ministers are associated with voluntary agencies is not per se destructive of the bodies remaining voluntary .....
Tag this Judgment!Court : Delhi
Reported in : AIR2005Delhi383
..... urban arts commission are extracted below :-with regard to the above, the following are the commission's guidelines :-(1) no commercial hoardings, neon signs, or bill boards shall normally be allowed to be displayed by the local body/public agency in the following areas, buildings and structures :-(i) residential areas including major roads passing through residential areas. ..... proposals, if any, for allowing hoardings in those areas, buildings or structures may be considered on the basis of a complete street picture prepared by the local body or the public agency concerned, and submitted to the commission along with a location plan, drawn to a scale of 1:5.13. mr. a.s. ..... to be put up in those areas in exceptional cases under a special appeal on the basis of a complete street picture prepared of these areas by the local body or the public agency concerned and submitted to the commission for permission. .....
Tag this Judgment!Court : Delhi
Reported in : 2003VAD(Delhi)229; 105(2003)DLT937; 2003(70)DRJ162
..... the ministry of health and the director general of health services and other concerned agencies without further loss of time must ensure that the drug manufacturers should not be permitted to market their drugs unless the quality of the drug is approved by a high level committee or body consisting of doctors and other ..... 65.the annual maintenance contract be given to an agency on the condition that in case of necessary repair or replacement of the parts, the same be carried out by those agencies on priority basis, and if there is any delay of more than a fortnight in repair or replacing the part, then at least 50% of the annual maintenance amount must be deducted and if there is a delay of more than a fortnight, then no payment should be ..... 64.the hospitals may consider engaging a suitable agency for carrying out day to day repairs and replacement of parts of equipments on priority basis ..... we direct the cbi and other concerned agencies to expedite the criminal action which has been initiated against some other ..... the police commissioner or other concerned agencies be directed to conduct periodical raids on the manufacturers and dealers of these spurious ..... 52.when the premier investigating agency of the country, the cbi, is of the opinion that no sustainable action can be taken against them, at this stage, we would not like the cbi to further undertake a totally futile exercise and waste public time ..... clause to that effect be enacted in the contract with the maintenance agencies. .....
Tag this Judgment!Court : Delhi
Reported in : 2001CriLJ616; 2000(55)DRJ643
..... ), delhi, whereby he has raised substantial question of law pertaining to the power of the metropolitan magistrate to transfer the case from one investigating agency to another investigating agency out of his own jurisdiction. ..... according to him metropolitan magistrate cann't order further investigation by another agency unless it was a case of conferment. ..... in view of the above proposition of law as mandate by the apex court, we cannot but hold that learned metropolitan magistrate had no authority in law to transfer 'further' investigation to any other agency. ..... mukta gupta appearing for the state while supporting the case of the petitioner submitted that the metropolitan magistrate has no authority to transfer the investigation being conducted by local police to any other agency. ..... court cannot take the case out of its jurisdiction by transferring it to another authority or agency. .....
Tag this Judgment!Court : Delhi
Reported in : 1993(27)DRJ424; (1994)ILLJ888Del
..... '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. ..... if the functions are of the corporation of public importance and closely related to governmental functions, it would be a relevant factor in classifying the corporation as an instrumentality or agency of government. 6. ..... existence of 'deep and pervasive state control' may afford an indication that the corporation is a state agency or instrumentality. 5. ..... international airport authority of india, : (1979)iillj217sc , which are as follows:- '1.one thing is clear that if the entire share capital of the corporation is held by government it would go a long way towards indicating that the corporation is an instrumentality or agency of government. 2. .....
Tag this Judgment!Court : Delhi
Reported in : 151(2008)DLT199; 2008(104)DRJ68
..... this becomes more necessary where the court has reasons to believe that the prosecuting agency or the prosecutor is not acting in the requisite manner. ..... the prosecutor who does not act fairly and acts more like a counsel for the defense is a liability to the fair judicial system, and courts prosecuting agency showing indifference or adopting an attitude of total aloofness. ..... even otherwise, the investigating agency is not precluded from further investigation in respect of an offence even after forwarding a report under sub-section (2) of section 173 cr.p.c. ..... the courts cannot afford to be wishfully or pretend to be blissfully ignorant or oblivious to such serious pitfalls or dereliction of duty on the part of the prosecuting agency. .....
Tag this Judgment!Court : Delhi
Reported in : 2010ACJ1; 162(2009)DLT264
..... compensation under public law must not be merely seen as the monetary equivalent for compensating towards the injury caused, but also understood in the context of the failure of the state or state agency, to protect the valuable rights of the citizens, particularly of the marginalized and the disempowered. ..... it was urged that as substantial amounts were released for the purpose to the agency responsible, the responsibility to pay damages lies with the authorities like mcd and ndmc. 8. ..... . it was held: facts as noted aforesaid reflect the general cynical irrelevance towards safety norms to be followed as one notices everyday whenever municipal agencies carry out construction work either by themselves or through a contractor ..... the injury, suffered due to the state's or its agencies' neglect in the performance, or the wrongful performance of its duties, is as actionable in public law, as in tort. ..... . the inaction of the state and its agencies impinges upon the fundamental right of the citizens under article 21 of the constitution ..... . it appears that the state and its agencies are impervious to the menace of stray cattle ..... . it is the bounded duty of municipal agencies to ruthlessly require adherence to the safety norms in their minutest detail and in their exacting requirements .....
Tag this Judgment!Court : Delhi
Reported in : 1996IVAD(Delhi)646; [1997]89CompCas842(Delhi); 1996(39)DRJ380
..... the brif has also appointed the iicici as the operating agency and directed the said agency to give vide publicity in newspapers and thereafter accepted the best available offer after hearing all concerned parties before sanctioning the scheme with certain modifications. ..... in these circumstances, the brif had no option but to appoint an operating agency for finding out an alternate suitable promoter. ..... the operating agency received two bids: i) a joint venture of tenneco automotive -of u.s.a. ..... the icici was consequently appointed an operating agency. ..... ultimately the brif in its meeting held on 6.2.1995 appointed the icici as operating agency. .....
Tag this Judgment!Court : Delhi
Reported in : 153(2008)DLT669
..... manner of admission - an institution shall, subject to the provisions of this act, make admission through a common entrance test to be conducted by the designated agency, in such manner, as may be prescribed:provided that the management seats may be advertised and filled up, from the candidates who have qualified the common entrance test, by the institution is a transparent manner based on the merit at ..... a reading of paragraphs 59 and 68 shows that in non minority professional colleges admission of students, other than the percentage given to the management, can only be on the basis of merit as per the common entrance tests conducted by government agencies. ..... the rest have to be filled up on basis of counseling by state agencies. ..... passed the common entrance test held by itself or by the state/university and have applied to the college concerned for admission, while the rest of the seats may be filled up on the basis of counselling by the state agency. ..... 3(d) defines 'common entrance test' to mean 'the entrance test conducted for determination of merit of the candidates followed by centralized counseling for the purpose of merit based admission to an institution through a single window procedure by the designated agency'. .....
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