Court : Delhi
Reported in : ILR1978Delhi735; [1978]114ITR753(Delhi)
..... to the totally of the circumstances in which and the manner by which known exporters of commodities agreed to divert their exports from their normal trade channel and routed through a virtual government agency set up, faster alia; for the purpose of regulating foreign trade, it is not possible to hold that there was a concluded contract of sale of the commodities, which were eventually ..... the various documents, the conduct of the parties in relation to the transactions and the intention of the parties as may be gathered there from was the corporation only acting as a government agency to route the exports by the exporters was the corporation merely as an agent of the exporters or had the corporation title in the goods before shipment and the exporters were merely the ..... ban on normal international trade channel, in that an indian exporter woluld be free to enter into international deals outside the barter arrangement but the routing of the ordinary transaction, through the government agency under the barter arrangement would be in the expoters own interest because what may otherwise be a transaction at a discount or perhaps a marginal profit may, on account of the scheme of barter ..... receives the sale proceeds in ln,dia and it constitutes the income of the corporation but where the corporation merely acts as government agency to facilitate the course of foreign trade for obvious policy reasons, the benefit of the tax credit scheme incorporated in the section could not be given to .....
Tag this Judgment!Court : Delhi
Reported in : ILR1973Delhi433
..... that the creation of a state monopoly through the state trading corporation is no doubt protected under article 19(6)(ii), but what is protected is the creation of the monopoly through the agency and not the operation of the agency, and that the operation has to be tested in the light of articles 14, 19(l)(g) read with article 19(6) and article 301, and can be challenged if it is unreasonable and ..... learned counsel for the petitioners, contended that not only a restriction on import by resorting to canalisation through a special agency like the state trading corporation, but also the operation of that agency is governed by the provision in section 3 of the act, and consequently the scheme which provided for the operation of the agency with regard to the import and the distribution of the polyester filament yarn could be brought into force only by ..... was that under the provisions in the imports and exports (control) act, 1947 and the imports (control) order 1955, the creation of state monopoly through a special agency like the state trading corporation as well as the subsequent operation of the said agency can be only under the said statutery provisions and that too by notified orders and not by mere executive instructions. ..... .if the licensing authority decided to canalize imports and the distribution thereof through special or specialized agencies or channels '(22) as already stated in the course of the narration of the facts, import of man-made fibre yarn was canalised through .....
Tag this Judgment!Court : Delhi
Reported in : 1998VIAD(Delhi)292; 75(1998)DLT50; 1998(47)DRJ185
..... 2 in order to tide over its financial difficulties undertook m/s.liberty sales services as a sub-tenant in the premises in dispute under a fraudulent agency agreement containing a clause of minimum commission of rupees thirty thousand per month; that the aforesaid sub-letting was made without the consent of plaintiff in writing; that plaintiff files a petition ..... declare that the defendant no.2 has played a fraud on the plaintiff by entering into the so-called 'agency agreement' which was nothing short of a disguise and thereby the plaintiff was defrauded of the real value which his property is able to fetch in the open market and this ..... mr.p.n.lekhi, senior advocate submitted extensive arguments to impress the court that the alleged agency agreement entered into with defendant no.3 is a complete fraud; that defendant no.1 through defendant no.2 has played a fraud on the courts as well as the plaintiff in obtaining orders of the court dated 1.10.1996, 25.2.1997, ..... giving findings on the contentions relating to the issues whether the suit is a gross misuse of the court proceedings, whether the plaint should be rejected under order 7 rule 11 cpc, whether the agency agreement is prima facie a fraud played by defendant no. ..... is apparent that the main reliefs claimed in the suit are only against defendants no.1 and 2 i.e, that it be declared that defendant no.2 has played certain fraud on the plaintiff by entering into certain agency agreement and the defendant no.1 through defendant no. .....
Tag this Judgment!Court : Delhi
Reported in : 1993(2)ARBLR140(Delhi); 1993(25)DRJ238; 1993RLR39
..... for every one lakh of rupees turn-over or part thereof in excess of the said turn-over for each lottery, the petitioner was to pay additional agency fee on prorata basis.in the event of failure to pay any installment by the agreed time the petitioner was liable to pay interest at the rate of 12% per annum for each day's default subject to a maximum of ..... respondent no.2 had committed breach of the contract, it cannot be permitted to take advantage of its own wrong, particularly in view of the term regarding interest for the delay in payment of agency fee, the non-payment of the installment on this account within the stipulated time cannot be treated as breach of conditions of the agreement by the petitioner. ..... have violated various terms and conditions stipulated in the-above agreement and defaulted in the payment of huge sums of money towards agency fee and other money payable to the government of sikkim under the agreement referred herein above. ..... the petitioner in its letter dated 7 march 1992 had requested respondent no.2 to reduce the agency fee and waive interest, which shows that the petitioner felt shaky and diffident to carry on with the scheme on the ..... (22) as noted above, the purpose of, furnishing bank guarantees being to secure payment of installments of the agency fee by the petitioner to respondent no.2; huge sums having become due to respondent no.2 from the petitioner, which facts are indicated in the letter invoking the bank guarantees, i am of the firm view that .....
Tag this Judgment!Court : Delhi
Reported in : ILR1989Delhi490; 1989RLR177
..... state of bihar and others', : [1977]3scr249 , their lordships quoted with approval the division of cases in which the breach of alleged obligation by the state or agency can beset up into three types, namely, '(i) where a petitioner makes a grievance of breach of promise onthe part of the state in cases where on assurance or promise made by the state he has acted to his prejudice and predicament, but ..... of the auction and as to why the earnest money should not be forested it is apposite to reproduce the relevant portion of the identical notices :- 'and whereas the said plot of land has been permitted to be used as goods agency/ workshop and the floor space to be constructed thereon, is not saleable under the terms and conditions of the auction. ..... rule inhibiting arbitrary action by the state applies when the state or its agency or instrumentality is dealing with the public by way of entering into contracts. ..... , the perusal of the advertisement shows that the petitioners have offered for sale the floor space for workshop/showrooms/offices/godowns for the three plots meant for 'goods agency' and one plot meant for 'workshop'. ..... builders who had also advertised but their bids were not cancelled and the petitioners allege discrimination by the authority which is an instrumentality and agency of the state. ..... the advertisement, it has further been mentioned that the investment is guaranteed high appreciation and best suited for workshop, pare parts shop, showroom and agency owners etc. .....
Tag this Judgment!Court : Delhi
Reported in : 1992(24)DRJ392; ILR1993Delhi274
..... this was to secure the attendance of the prisoner in court and not to be a help in aid to investigating agency nor the legislature intended that these provisions be invoked in order to facilitate the investigating agency to call a prisoner through court from another jail in order to make a formal arrest or to interrogate in investigation. ..... has to be physically produced before the magistrate for seeking his remand/authorized detention and if for any reason it is not possible then the investigating agency must furnish reasons before the court concerned for not doing so. ..... these are: i)whether for the sake of interrogation in connection with the investigation, the prosecuting agency can invoke the provisions of section 267 criminal procedure code .? ..... the intention of the legislature was not to allow investigating agency to use this provision for the purpose of summoning the accused from another jail in order to answer a charge in investigation. ..... can not be invoked in order to facilitate the investigating agency to make formal arrest. ..... this is a healthy rule made with a purpose which purpose cannot be allowed to be flouted at the whim of the investigating agency if section 167 cr.p.c. ..... by no stretch of imagination can this power of the court be whittled down and be indeed passed on to the mere discretion of the investigating agency alone. ..... mathur contended that the word 'other proceeding' has to be a proceeding in the court whereas investigation is conducted by investigating agency/ police. .....
Tag this Judgment!Court : Delhi
Reported in : [1990]33ITD427(Delhi)
..... on the other hand, the learned departmental representative drawing our attention to clauses 5, 6 & 16 of the agency agreement submitted that since the discount varied according to the sales and since clause 16 specifically referred to the obligation of the agent to promote the sales of all publications, the expenditure incurred was ..... after noticing the expenditure incurred on payment of selling agents commission and commission to advertising agencies, the income-tax officer required the assessed to explain as to why the amount paid by way of commission should not be considered for disallowance ..... judged from the point of view of the penalty provided for termination of the agency, this clause can only be looked at as a clause providing for situations whereby the agents shall not be negligent or show any let up in their efforts to the sales promotion and as we have said looked at from the ..... similarly bills for advertisements published on behalf of the advertising agencies were also prepared after reducing the commission payable thereon and only the net amount was accounted for in ..... similarly bills for advertisements published on behalf of the advertising agencies were also prepared after reducing the commission allowable to the agents and only the net amount of the bill was accounted for in ..... the state trading corporation of india, was the noodle agency importing the required quantity of newsprint and allotting it to the various newspapers in the country through registrar of newspapers .....
Tag this Judgment!Court : Delhi
Reported in : 1998CriLJ4131; 1998(46)DRJ611
..... it may be that in a given case the court on being prima facie satisfied from circumstances appearing from the record that the statutory agency has not worked in an effective way or the circumstances are such that it may reasonably be presumed or inferred that the statutory agency may not be able to discharge its function of investigation fairly and impartially might reasonably consider supplementing the procedure but as we have already indicated, there was no adequate material on the ..... a magistrate, before he proceeds to exercise his powers, must be prima facie satisfied 'from circumstances appearing from the record that the statutory agency has not worked in an effective way or the circumstances are such that it may reasonably be presumed or inferred that the statutory agency may not be able to discharge its function of investigation fairly and impartially' [see state of w.b. v. ..... but this would further be subject to the satisfaction of the magistrate, on the basis of the material placed before him, that the statutory agency may not be able to investigate effectively, fairly and impartially. 21. .....
Tag this Judgment!Court : Delhi
Reported in : 98(2002)DLT448; 2002(64)DRJ34
..... offences because of the alleged involvement of several persons holding high offices in the executive, for quite some time the disinclination of the agencies to proceed with the investigation was apparent...it was, thereforee, decided to direct the cbi and other agencies to compete the investigation expeditiously, keeping the court informed from time to time of the progress of the investigation so that the court ..... a case by case basis, which focuses on the merits of each case) the review of the working of an agency is to take stock of the efficiency and independence of the agency - which was the primary major consideration which prevailed with the court in issuing the direction in question. ..... court examined the existing state of the law, particularly in the backdrop of the single directive and reiterated that under the law the agency entrusted with the investigation of offences was independent and its functioning in individual cases could not be interfered with. ..... the supreme court being mindful of the lacuna in the working of the investigating agencies, enunciated a procedure which would ensure the independence of the investigating agency to perform its statutory duty without fear or favor harmonising the existing procedural safeguards ..... the sum and substance of these orders is that the cbi and other governmental agencies had not carried out their public duty to investigate the offences disclosed that none stands above the law so that an alleged offence by him is not required to be .....
Tag this Judgment!Court : Delhi
Reported in : 2008CriLJ4396
..... was justified to use subterfuge, to obtain material, which could not have been possible by other means and that the petitioner could not even report the matter to the police or any investigating agency like the cbi for the reason that such agencies also work under the state/central government and there was a chance of the entire effort being rendered futile. ..... 3's proclaimed intention of exposing corruption was to be correct, he would have disclosed the same to some investigating agency or the police who could have organized a legally admissible trap and apprehended the bribe takers and seized the bribe ..... 3 could not have reported the matter to the police or any investigating agency like the cbi for the reason that such agencies work under the state/central government and there was a chance of the entire effort being rendered ..... immunity for the bribe-giver is provided where he is unwilling to pay illegal gratification to a public servant and approaches the police agency, in order to get the public servant trapped while accepting the bribe. 48. ..... did not come forward even after the case was registered by the respondent and did not co-operate with the investigating agency until a specific direction was passed by this court in this behalf. 14. ..... should have taken a proper channel and approached the police or some investigating agency and filed a complaint with the same. ..... it was not justified on his part to espouse and act as an investigating agency himself and lay a trap for accused no. 1. .....
Tag this Judgment!