Court : Delhi
..... trade practices commission established under sub-section (1) of section 5 of the monopolies and restrictive trade practices act, 1969; (ii) relating to the complaint of an individual consumer maintainable before a consumer disputes redressal forum or a consumer disputes redressal commission or the national consumer redressal commission established under section 9 of the consumer protection act,1986; (iii) which are within the purview of the competition act, 2002; (iv) relating to an order of eviction which is appealable under section 28k of the airports authority of india act, 1994. 14. ..... 8918/2009 and other connected matters challenging the levy imposed by the central government under the airports authority of india act, 1994 (for short, the act'). ..... of a writ of certiorari for quashment of the public notice dated 23rd april, 2010 issued by the airports economic regulatory authority of india (for short, the authority') under the airports economic regulatory authority of india act, 2008 (for brevity, the 2008 act') on the foundation that such a determination could not have been made by the said authority without following the procedure postulated under section 13 of the act and that apart the concept of ad- hoc determination is not contemplated under the purview of the .....
Tag this Judgment!Court : Delhi
..... airports authority of india (general management, entry for ground handling services) regulations, 2000, an airline operator may carry out ground handling services at an airport either by itself or engage the services of any of the following, namely:(i) airports authority of india(ii) air india or indian airlines; and(iii) any other agency licensed by the airports authority of india.1.3 the airports authority of india (general management, entry for ground handling services) regulations, 2000, have been made under section 42 of the airports authority of india act 1994 and thus are applicable to the airports managed by the airports authority of india ..... ground handling services) regulations, 2007 (for short 2007 regulations) as ultra vires the provisions of the aircraft act, 1934 (for short the 1934 act), the aircraft rules, 1937 (for short the 1937 rules) and the airports authority of india act, 1994 (for short the 1994 act) and also ultra vires articles 14 and 19(1)(g) of the constitution of india and further to issue a writ of certiorari for quashment of the same.the factual exposition and the stand ..... clauses 2(b), 2(e), 2(f) and 2(i) have been laid emphasis upon and, hence, they are reproduced below: "2(b) "authority" means the airports authority of india constituted under sub section (1) of section 3 of the airports authority of india act, 1994 (55 of 1994);2(e) "ground handling" means(i) ramp handling and will include activities or specified in the schedule i to these .....
Tag this Judgment!Court : Delhi
Reported in : 2003IVAD(Delhi)743; 105(2003)DLT620; 2003(69)DRJ722; 2004(1)SLJ105(Delhi)
..... 13.the aforesaid regulations were framed by the national airport authority in exercise of the powers conferred by the national airports authority act, 1985, which was repealed by section 46 of the airports authority of india act, 1994. ..... in 1994, the airports authority of india was constituted by an act of parliament being the airports authority of india act ( hereinafter to be referred to as 'the said act' ) which came into force w.e.f. ..... as stated above, the officers of the national airport authority became the officers of the airport authority of india in terms of section 18(1)(b) of the said act and were required to serve the airport authority of india at least till the expiry of a period of one year from the appointed date of 01.04.1995 in terms of section 18(3) of the act. ..... in terms of the provisions of section 18 of the said act, the employees of the international airport and the national airport authority became the employees of the airport authority of india and their service terms were protected. ..... section 18(7) of the said act provides that all employees on the rolls of the airport authority of india shall be governed by the rules and regulations made by the authority in respect of the service conditions of the officers and other employees of the said authority and rule-making power was provided under section 41 of the said act to the central government. .....
Tag this Judgment!Court : Delhi
..... are made under section 42 of the airports authority of india act, 1994 and the circular dated 19th february, 2007 requires prior clearance to the ground handling agencies and in the event, any company comes to adverse notice, the same is not allowed to work at the airport and shall be liable to be removed ..... of the decision, the division bench held as follows: there is no difficulty in accepting the submission of mr.rajagopalan that normally all public authorities have to act in consonance with the principles of natural justice and opportunity to explain ones position ought to be afforded to a person. ..... by this court in bycell communications india private limited (supra), it is not for this court, in exercise of its jurisdiction under article 226 of the constitution of india, to assess the materials and evidences on the basis of which the mha may act while seeking to withdraw the security ..... need to act strictly in accordance with regulations and ensure that the circumstances spelled out in the regulation are satisfied, before any order adverse to the interest of the agent is passed by the authorities. ..... the licensing authority applied its mind to the material placed before it and thereafter deemed it necessary for the security of the public peace or for public safety to initiate action under section 17(3)(b) of the act. ..... corporate, where the company is held by nris, is to safeguard against the presence of persons with doubtful credentials, who may act against the interests of india. .....
Tag this Judgment!Court : Delhi
..... the act and all other powers enabling hereunto and the previous approval of central the government the ..... title comments2003regulations omit the words with the previous approval of the central government airports authority of india (general conditions of service and remuneration of employees) regulations, 2003 in exercise of the powers conferred by clause (b) of the sub- section (2) of section 42 of the airports authority of india act, 1994 (55 of 1994), the airport authority of india hereby makes the following regulations, namely;- international airports authority of india (general conditions of service) regulations, 1980 37 in exercise of the powers conferred by clause (b) of the sub- regulation (2) of section of international authority airports act, 1971 (43 of 1971) read with sub- section (2) of section 38 of .....
Tag this Judgment!Court : Delhi
..... the airports authority of india act, 1994 has been enacted to provide for the constitution of airports authority of india and for the transfer and vesting of the undertakings of the international airports authority of india and the national airports authority to and in the airports authority of india so constituted for the better administration and cohesive management of airports and civil enclaves, whereat air transport services are operated or are intended to be operated and of all aeronautical communication stations for the purpose of establishing or assisting in the establishment of airports and for matters connected therewith or incidental ..... the government of india, as part of its policy of liberalization entrusted the functions of management of airports in india to the airports authority of india (aai) established under the airports authority of india act, 1994 (for short 'aai act'). ..... (c) no.11047/2016 page 2 of 41 india act, 1994 and in the alternative if any provision of the airports authority of india act, 1994 permits the said policy then the relevant provision of the aai act may be declared ultra vires article 14 of the constitution; (b) in the alternative, declare that the impugned words (excluding ppp) in clause 12(d) of the ncap policy do not apply to the airport projects operated by the... .....
Tag this Judgment!Court : Delhi
..... brief facts6 under the airports authority of india act, 1994 it is the responsibility of the aai to develop, operate, manage and maintain ===================================================================== wp(c) 2516/2008 & wp(c) 2707/2008 page 3 of 32 airports in india in addition to maintaining related facilitation of air traffic control, and, other allied ..... aai has entrusted the petitioners with some of its functions under section 12 of the airports authority of india act and no service is being rendered by the aai to the petitioners in performance of ..... venture agreement (omda) has been entered into by aai so that the functions entrusted to aai under the airports ===================================================================== wp(c) 2516/2008 & wp(c) 2707/2008 page 28 of 32 authority of india act can be effectively carried out. ..... it may be pertinent to note, at this point, that the respondent no.4 airports authority of india (hereinafter referred to as aai) had treated the annual fee paid by the petitioners to aai as chargeable to service tax under the taxing entry renting of immovable property ..... (c) 2707/2008) to the respondent no.4 (airports authority of india {aai for short}); ===================================================================== wp(c) 2516/2008 & wp(c) 2707/2008 page 2 of ..... submissions on behalf of the airports authority of india (aai) ===================================================================== wp(c) 2516/2008 & wp(c) 2707/2008 page 11 of .....
Tag this Judgment!Court : Delhi
Reported in : 2003VIIIAD(Delhi)425; 108(2003)DLT314; (2004)ILLJ603Del; 2004(3)SLJ428(Delhi)
..... he has also referred to relevant factors, such as, the airport authority of india act, 1994 (the act), the international standards of international civil aviation organization (icao) and its recommendations to support the abolition of contract system for trolley retrievers ..... or incidental to the operation of the aai can be decided only by looking at the statute airports authority of india act 1994 copy of the relevant portion 'functions of the authority' is annexed hereto at annexure a. ..... there would be chaos ' section 2(m) of the airport authority of india act (aai act) shows that it is the duty of the airport to provide transport facilities necessary for the passenger. ..... directed to refer to the above subject and to say that the matter has already been considered in detail and pursuant to the recommendation of the central advisory contract labour board in various jobs in the establishment of air india, airport authority of india and indian airlines it has been decided by the central government not to prohibit the employment of contract labour in the job of trolley retrieval aai provided that the wages (consisting of basic + da) paid to the lowest category ..... in the aai act, 1994 the portions which are relevant in this context are : a) at chapter - iii titled 'functions of the authority' it is stated : 12(1) subject to the rules if any made by the central government in this behalf it shall be the function of the authority to manage the airports, the civil enclaves and the aeronautical .....
Tag this Judgment!Court : Delhi
..... brief facts6 under the airports authority of india act, 1994 it is the responsibility of the aai to develop, operate, manage and maintain ===================================================================== wp(c) 2516/2008 & wp(c) 2707/2008 page 3 of 32 airports in india in addition to maintaining related facilitation of air traffic control, and, other allied ..... aai has entrusted the petitioners with some of its functions under section 12 of the airports authority of india act and no service is being rendered by the aai to the petitioners in performance of ..... venture agreement (omda) has been entered into by aai so that the functions entrusted to aai under the airports ===================================================================== wp(c) 2516/2008 & wp(c) 2707/2008 page 28 of 32 authority of india act can be effectively carried out. ..... it may be pertinent to note, at this point, that the respondent no.4 airports authority of india (hereinafter referred to as aai) had treated the annual fee paid by the petitioners to aai as chargeable to service tax under the taxing entry renting of immovable property ..... (c) 2707/2008) to the respondent no.4 (airports authority of india {aai for short}); ===================================================================== wp(c) 2516/2008 & wp(c) 2707/2008 page 2 of ..... submissions on behalf of the airports authority of india (aai) ===================================================================== wp(c) 2516/2008 & wp(c) 2707/2008 page 11 of .....
Tag this Judgment!Court : Delhi
..... it was submitted that the aai had certain obligations under section 12 of the airports authority of india act, 1994 (hereinafter referred as the aai act ) and it was obliged to provide facilities for passengers and provide for growth and development of the airport. ..... (c) no.4274/2010 xxxx xxxx xxxx airport services: services provided in an airport or civil enclave, to any person by airports authority of india (aai), a person authorized by it, or any other person having charge of management of an airport are taxable under this category. ..... briefly stated, the relevant facts are that dial and the airport authority of india (hereinafter referred as the aai ) entered into an operation, management and development agreement (hereinafter referred as the omda ) dated 04.04.2006 whereby dial, a special purpose joint venture company established solely for the purpose of performing ..... mr rajiv mehra, learned asg appearing for the union of india and respondent authorities submitted that whereas the services contemplated within the meaning of airport services under clause (zzm) of section 65(105) of the act are area specific, the services as contemplated under clause (zzzz) of section 65(105) of the act were activity specific. .....
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