Court : Delhi
Reported in : 1991(20)DRJ131
..... (1) the applicants, seven in number, are departmental promotes who are/were working as senior technical officers/technical officers with the national airport authority and originally belonged to communication directorate under director general civil aviation. ..... 30 private respondents working as senior techtlical.officers under national airport authority, new delhi. ..... chairman, national airport authority (in short, n.a a. ..... (f) where the rules permit the authorities to relax the provisions relating to the quota, ordinarily a presumption should be raised that there was such relaxation when there is a deviation from the quota rule. ..... they have filed this application under section 19 of the administrative tribunals act,1985 against union of india, director general. ..... , the later authority has issued promotion orders on ad-hoc basis in respect of .14 direct rectuits. ..... , the dgca is still the cadre controlling authority. ..... union of india and othets, : [1986]1scr211 , the officers were promoted although without following the procedure prescribed under the rules, but they continuously worked for long period of nearly 15-20 years on the posts without being ..... , government of india. ..... on the passing of the act no. .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1991)LC344Tri(Delhi)
..... held that the contention of the applicant that the letter dated 14th may 1980 from the commissioner of customs and excise is not relevant and cannot be tendered in evidence in view of section 138b of the customs act, 1962 cannot be accepted and that it was probable that the applicant could have carried the said 50 pieces of silver without paying the freight thereon to the airlines.aggrieved by the said order, the applicant ..... on the basis of this information, enquiries were made from the applicant, shri inder malhotra and airline authorities in india. ..... on the two questions mentioned above.it is prayed that the hon'ble high court may take into consideration the material on record and determine the issues as required under section 130d of the customs act, 1962.a list of documents required for the decision of the reference alongwith copies of the said documents in three sets are enclosed. ..... during the adjudication proceedings, the applicant pointed out to the adjudicating authority that the extract of the hongkong customs' letter supplied to him did not support the allegations made in the show cause ..... k-979525 had arrived at hongkong airport on 6-1-1980 and declared 50 pieces of silver valued at hongkong dollars one lakh to hongkong customs ..... applicant also submitted that the extract of hongkong customs letter dated 14-5-1980 supplied in support of the allegations in the show cause notice did not show that the applicant had declared 50 pieces of silver at hongkong airport on 6-1-1980. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1991Delhi302; 43(1991)DLT601a
..... . dutia was of the bombay high court in the case of international airports authority of india v ..... . the court analysed the provision of the road transport corporation act, 1950 which is similar to the provisions of the international airports authority act and came to the-conclusion that the income belonged to the corporation, which was a separate juristic entity ..... . that single judge observed as follows: a 'on an analysis of the provisions of this act it appears, that ihe scheme of the act is that the vesting of the properties of the central government in the airport authority is for the limited; purpose of administration and management ..... .- 'vest'following the principles of construction laid down by the supreme court, in construiag the airport act is appears that the vesting of the properties of the central government with the airport authority is for the.limited purpose of administration and management and complete, title to such properties is not transferred' under the land acquisition act of 1894, it was noted by ..... . (33) no such provision exists in the international airports authority act, 1971, which talks of the petitioner being divested of the property. (34) mr ..... having perpetual succession and common seal with power to acquire property both moveable and immovable and shall by the said name sue and be sued while section 3(3) provides that the board shall be deemed to be a local authority for the purposes of the land acquisition act, 1994 .....
Tag this Judgment!Court : Delhi
Reported in : 1991(1)Crimes465; 43(1991)DLT305; 1991(20)DRJ404
..... (2) on 30-1-1990 the administrator of the union territory of delhi in exercise of the powers conferred by section 3(1) read with section 2(f) of the conservation of foreign exchange and prevention of smuggling activities act, 1974 (hereinafter referred to as the act) passed an order for the detention of abdul majid, petitioner here, to prevent from smuggling goods, preventing him from entering into, transporting, keeping smuggled goods and also from dealing with the smuggled goods ..... (3) briefly stated the allegations have been that on 22-9-1989 he arrived at indira gandhi international airport, new delhi, on 22-9-1989 by air india a-l 808 he declared certain articles and after paying necessary custom duties was coming out of the hall when he was intercepted at the exit gate and on enquiry informed the officials of the customs that be did ..... there was a delay of about 16 days in furnishing the comments by the sponsoring authority which was held to be sufficient for quashing the detention order was invalid. ..... (6) learned counsel for the petitioner submits that there has been delay of 32 days on the part of the sponsoring authority in furnishing the comments to the detaining authority and this delay remains unexplained. ..... he has also submitted that it is the bounden duty of the detaining authority to dispose of the representation made by a detenu expeditiously and any lapse in this regard would vitiate the detention itself, under article 22(5) of the constitution of india. .....
Tag this Judgment!Court : Delhi
Reported in : 1991RLR157
..... however, the fact remains that these material documents were not placed before the detaining authority thereby affecting the subjective satisfaction of the detaining authority and the petitioner, is thus, entitled to get the benefit of this lapse on the part ..... (2) facts, briefly stated are that on 29.12.89 the petitioner arrived at indira gandhi international airport from new york by lufthansa airlines flight and after customs clearance he was going out at & ..... petitioner, has, however, restricted her arguments only to one ground-non-placing of material documents before the detaining, authority, thereby affecting subjective satisfaction of the detaining authority and thus, the right of the petitioner enshrined u/art. ..... customs act with the reasonable belief that the same were liable to confiscation having been imported into india in contravention of the prohibition/restrictions imposed upon the import of gold into india under the ..... the court that suppression of such vital document from the detaining authority vitiated the order of detention. ..... the submissions of the learned counsel for the petitioner bad not been placed before the detaining authority and thus there was suppression of material documents thereby affecting the subjective satisfaction of the detaining authority. ..... passed by the additional c m m and the order of detention dated 19.3.90 and that may be that there was an omission on the part of the concerned persons to pass on this requisite information to the detaining authority. .....
Tag this Judgment!Court : Delhi
Reported in : 43(1991)DLT425; 1991RLR201
..... international airport authority of india when at scr page 1034 scc 506, the court observed that a discriminatory action of the government is liable to be struck down, unless it can be shown by the government that the departure was not arbitrary, but ..... on behalf of the petitioners, emphasis was placed on the observations made by their lordship of the supreme court in the first part extracted above that rights and obligations which arise under the provisions of the act have relation to all buildings residential or non-residential low rent or high rent and further emphasis has been placed on the questions 'does it mean that a tenant of residential building who pays rent of ..... and a distinction was also made between the residential and non-residential accomodation and the secretaries committee also recommended that the copies of the economic administration reforms commission on rent control act may be; sent to delhi administration and also to all state, governments along with guidelines or actions to be issued by the ministry of works and housing, after the approval of their ..... already stated above, in the state of jammu and kashmir, there was a provision contained in section 1(3) to the effect that notwithstanding anything contained in sub-section (2), nothing in the act shall apply to any tenancy in respect of any house or shop where the income of the tenant, whether accruing within or outside,' to the state, exceeds rupees 40,000 per annum ..... of andhra pradesh and others air 1994 s.c.21. .....
Tag this Judgment!Court : Delhi
Reported in : 1991CriLJ2307
..... thereforee, the only manner in which the authorities can procure the presence of the petitioner will be by taking steps against him under section 7, cofeposa act that is, either by issuing a proclamation for his appearance or by attaching his properties. ..... in cases of mere delay in making of an order of detention under a law like the conservation of foreign exchange and prevention of smuggling activities act, 1974 enacted for the purpose of dealing effectively with persons engaged in smuggling and foreign exchange racketeering who, owing to their large resources and influence have been posing a serious threat to the economy and ..... 482 of the code of criminal procedure for issue of a writ of mandamus and/or a writ of certiorari for restraining the respondents, union of india and state of kerala from implementing the order of detention purported to have been passed u/s. ..... merely on account of delay in making of an order of detention assume that such delay, is not satisfactorily explained and must necessarily give rise to an inference that there was no sufficient material for the subjective satisfaction of the detaining authority or that such subjective satisfaction was not genuinely reached. ..... when he came out of the customs clearance the petitioner and his friend sirajuddin were waiting outside the airport. .....
Tag this Judgment!Court : Delhi
Reported in : 44(1991)DLT466
..... movements, 60000 pieces of integrated circuits and 8 pieces of wrist watches brought by manak singh lying deposited with the international airports authority of india's warehouse at igi airport, new delhi against where house register entry 84/6 have been removed fraudulently and the name of the re-export officer shri v.p.s ..... mentioned in the relevant register of re-export maintained by international airports authority of india, who had purportedly requisitioned whereas khurana had not requisitioned the ..... it was also stated that be along with ashok kumar and manak singh co-accused arrived at delhi airport on 10th january, 1991 when ashok kumar declared his goods which were detained for payment of duty while manak singh reported at another counter where he deposited the above said goods for ..... an enquiry was accordingly conducted and statements under section 108 of the act were recorded of many persons including madan lal, dina nath and other ..... khanna, air customs officer, igi airport, new delhi filed a complaint against the petitioner and nine others including dina nath anand for the offences ..... 135 of the customs act (for short the act) and since then he has been ..... 136 of the customs act read with sec. ..... 108 of the act but has not been arrested and a complaint was filed ..... 108 of the act arvinder singh accused has stated that he along with coaccused ashok kumar kanwar had gone to hong kong on 5th january, 1991 and purchased 8900 pieces of watch movements china lady machine and 8 ..... customs act. .....
Tag this Judgment!Court : Delhi
Reported in : 45(1991)DLT134; 1991(21)DRJ214; 1991(1)DRJ(Suppl)497
..... question was acquired for the benefit of international airport authority of india. ..... 7(2)86 l&b;(l)22025-39,dated 23rd day of december, 1986 issued by the land and building department, delhi administration, delhi under sections 4 and 17 of the land acquisition act, (hereinafter referred to as the act in order to facilitate reference) where by land measuring 73 bighas.02 bids was situated in village rangpuri, delhi, fully detailed in the above said notification belonging to the petitioners was ..... reported as 1977 scc p 133, 'once the court comes to the conclusion that the authority concerned was acting within the scope of its powers and had some material, however, meagre, on which it could reasonably base its opinion, the court should not ..... , : [1967]1scr373 , 'but even though the power of the state government has been formulated under section 17(4) of the act in subjective forms expression of opinion of the state govern- ment can be challenged as ultra-vires in-a court of law if it could be shown that the state government never applied its mind to the matter or that ..... that the right of a person having any interest in the property to file an objection under section 5a of the act could not be interfered with in such a casual or cavalier manner as has been done in this case. ..... counsel all the cases of the urgency find a mention in section 17(2) of the act hence, no notification under section 17(4) of the act can be issued unless the case falls well within the domain of section 17(2). .....
Tag this Judgment!Court : Delhi
Reported in : 44(1991)DLT643
..... (4) learned counsel for the petitioner has submitted that the packages in question were imported into india at the instance of the embassy of peru and that the petitioner has not committed any forgery. ..... (2) on 9th august, 1990 the petitioner and jasminder singh came to the import ii building, air cargo unit, igi airport, new delhi for attempting the clearance of the aforesaid consignment. ..... this consignment was allegedly imported into india in the name of embassy of peru as official import claiming duty exemption. ..... authority letter was also produced claiming the delivery of these packages which too was found to be forged one. ..... briefly stated the facts of the case are that on 3rd august, 1990, 11 cartons and one wooden box containing air conditioner and one photo-copier were imported in india vide air-way bill no. ..... 098-6110, 6846 by air india flight no. ..... 135(1)(a) of the customs act. .....
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