Judgment Search Results Home > Cases Phrase: ancient monuments remains act 1958 Court: delhi Page 7 of about 2,280 results (0.159 seconds)

Ramesh Chandra Bhalla and anr. Vs. Naresh Chander Bhalla and ors.

Court : Delhi

Reported in : 32(1987)DLT400

..... (12) the question, whether the directors or some of the shareholdersonly could refer the dispute regarding winding up of a corporation dulyincorporated under the indian companies act, is not free from difficulty.there may be lot of merit in the contention raised by mr. ..... (7) they also sought an order directing the respondents to cancel and rescind any acts, steps or actions alleged to have been taken in pursuance of any alleged meeting of board of directors of h.r. ..... '(9) the respondents-applicants have now filed this, application (ia 4034/86) under order 39 rule 4 and section 151 of the code of civil procedure read with section 41(b) of the indian arbitration act for setting aside and discharging the order dated 5/06/1986. ..... 1091a/86) against the remaining three brothers under section 14 of the indian arbitration act. ..... factory premises known as 'forward works' at t-3, industrial area, in bahadurgarh enclosed within red coloured line in the plan, annexure 'b', to and infamous of ncb, scb & acb (in equal shares), in consideration of adjustment as per this award of all their remaining claims. ..... beto.c the award was filed in court, the applicants ramesh chander bhalla and prakash chander bhalla filed an application (ia 3551/86) under section 41(b) and schedule11 read with section 18 of the arbitration act, 1940 real with order 39-rules1 and 2 and section 151 of the cods of civil proedure, for temporary injunction restraining respondents 1 to 3 from : (a)acting as directors ofm/s. h.r. .....

Vishal Builders (P) Ltd. Vs. Delhi Development Authority

Court : Delhi

Reported in : ILR1977Delhi724; 1977RLR347

..... doctrine, where one party says or implies to the other that their existing legal relations shall be effected in some way, with the intent that the other should act and the result that he does act upon the supposed change in legal relations, the first party must accept those relations subject to the qualifications which he himself has introduced. ..... the central case decided was that when a promise is given which (1) is intended to create legal relations (2) is intended to be acted upon by the promiseand (3) is in fact acted upon, the promiser cannot bring an action against the promisewhich involves the repudiation of his promise or is inconsistent with it. ..... maxwell says : 'acorporate body constituted by statute for certain purposes is regarded as so entirely the creature of the statute, that acts done by it without the prescribed formalities or for objects foreign to those for which it was formed would be in general, null ..... 52 provides : '(1).the authority may, by notification in the ficial gazette, direct that any power exercisable by it under this act except the power to make regulations may also be exercised by such officer or local authority or committee constituted under section 5a as may be mentioned therein, in such cases and subject to such conditions, if any, as may be ..... central case the right to recover full rent under the lease remained suspended during the war. ..... it shall remain a cardinal necessity of the formation of ..... the bidder cannot be bound when the seller remains free. .....

Jaipur Golden Gas Victims Association Vs. Union of India (Uoi) and ors ...

Court : Delhi

Reported in : 164(2009)DLT346

..... of course, this rule applies only to non-natural user of the land and it does not apply to things naturally on the land or where the escape is due to an act of god and an act of a stranger or the default of the person injured or where the thing which escapes is present by the consent of the person injured or in certain cases where there is statutory ..... plaintiff did not have to prove that the guilty dust was the sole or even the most substantial cause if he could show, on a balance of probabilities, the burden of proof remaining with the plaintiff, that the guilty dust had materially contributed to the disease ..... . as long as the defendant is part of the cause of an injury, the defendant is liable, even though his act alone was not enough to create the injury.at paragraph 19 of the decision he says:the law does not excuse a defendant from liability merely because other causal factors for which he is not responsible ..... whether the petitioners belong to a recognized union or not, the fact remains that a large body of persons with a common grievance exists and they have approached this court under ..... it appears that this is only a cloak to 'feed fact ancient grudge' and enemity, this should not only be refused but strongly ..... . undoubtedly, the 'but for' test remains the starting point in tort, and in the case of single cause it is likely to be determinative of the factual aspect of causation, but if there is more than one cause, provided that the cause under consideration is a material contributor .....

Susheel Kumar and Another Vs. Unitech Limited and Another

Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

..... parties, the opposite parties have taken certain preliminary objections stating that the present complaint filed by the complainants is bad in law; that the complainants are not consumers within the meaning of section 2(1)(d)(ii) of the act; that the complaint in the present form is not maintainable as the complainants want to take advantage of their own wrongs/defaults/breaches and failures. ..... gupta, iii (1993) cpj 7 (sc)=1986-95 consumer 278 (sc), and their lordships of the supreme court in the abovesaid case have held : to begin with the preamble of the act, which can afford useful assistance to ascertain the legislative intention, it was enacted, `to provide for the protection of the interest of the consumers. ..... asha susheel kumar (for short the complainants), have filed the present complaint under section 17 of the consumer protection act, 1986 (hereinafter refered to as the act), averring that allured by the advertisements, issued by the opposite parties for the booking of built-up houses in the south city complex, gurgaon (haryana), the complainants applied for booking of a plot/house and also made ..... xxxxxx xxx what remains to be examined is if housing construction or building activity carried on by a private or statutory body was service within meaning of section 2(o) of the act as it stood prior to inclusion of the expression `housing construction in the definition of `service by ordinance no. .....

G.C. Sharma Vs. Municipal Corporation of Delhi

Court : Delhi

Reported in : ILR1979Delhi771b

..... shall be instituted against the corporation or against any municipal authority or against any municipal officer or other municipal employee or against any person acting under the order or direction of any municipal authority or a,ny municipal officer or other municipal employee, in respect of any act done, or purporting to have been done, in pursuance of this act or any rule, regulation or bye-law made there under, until the expiration of two months after notice in writing has been ..... an actionable wrong has been committed and to secure the protection there must be in the first place a bona fide belief by the official that the act complained of was justified by the statute, secondly the act must have been performed under colour of a statutory duty, and thridly, the act must he in itself a tort in order to give rise to the cause of action, it is against such actions for tort that the statute ..... : 'it has long been decided that such a provision as that contained in the public authorities protection act, is intended to protect persons from the consequences of committing illegal acts, which are intended to be done under the authority of an act of parliament but which by some mistake are not justified by the terms and cannot be defended ..... are continued pollution of a stream, obstruction caused to immemorial egress of rain water from plaintiff's house through a drain on the defendant's land, obstruction of discharge of surface water, obstruction of light an,d air through ancient windows. .....

Janardan Sharma Vs. Union of India and ors.

Court : Delhi

..... rajesh kumar mishra of 25 bn bsf) as a motive for procuring the enrolment of the said shri rajesh kumar mishra as a constable in the bsf.second directly obtaining for charge bsf himself gratification as a act section motive for procuring the 41(e) enrolment of a person in the service in that he, at varanasi, on or about 06 june 1988, obtaining a sum of `4,000/- from shri shyam sunder dubey s/o shri adi shankar ..... varanasi as a motive for procuring the enrolment of the said shri shyam sunder dubey as a constable in the bsf.third charge directly obtaining for bsf act himself gratification as a section 41(e) motive for procuring the enrolment of a person in the service in that he, at mirzapur, on or about 11 june 1988, obtained a sum of `4,000/- (rupees four thousand only) from shri parsu ..... it was urged by learned counsel for the petitioner that section 113 of the bsf act 1968 contemplates a finding or a sentence of a security force court to be revised by the court for which orders have to be passed by the confirming authority and the same is hedged by the ..... on merits and foundation whereof section 87 of the bsf act which stipulates: 'the indian evidence act 1872, shall, subject to the provisions of this act, apply to all proceedings before a security force court' ..... himmat singh chahar, pertaining to a court-martial proceedings under the navy act 1957 the supreme court categorically rejected the concept of the high- level of proof required at a criminal trial as being applicable to .....

Indian Telephone Industries Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1987)(12)LC919Tri(Delhi)

..... , but excluding consumable items, imported by a research institution, from the whole of the duty of customs leviable thereon under the first schedule to the customs tariff act, 1975 (51 of 1975) and the whole of the additional duty leviable thereon under section 3 of the said customs tariff act, subject to the conditions that - (i) a duly authorised officer of the directorate general of technical development certifies in each case that the goods in respect of which ..... r & d unit is a research institution and though the certificates of the department of science and technology and the department of telecommunications that the said unit is not engaged in any commercial activity are acceptable, the fact remains that the said r & d unit is not the importer of the goods which are being claimed duty free under exemption notification no. ..... this notification shall come into force forthwith and shall remain in force upto and inclusive of the 31st day of march ..... 208(e) - in exercise of the powers conferred by sub-section (1) of section 25 of the customs act 1962 (52 of 1962) and in supersession of the notification of the government of india in the department of revenue and ..... - [section 4(e) of the income war tax act (canada) 1927 exempted from taxation the income of (inter alia) any charitable ..... saunders :- this act applies to every institution established, whether before or after the passing of this act, for effecting all or any of the following purposes, that is to say : (i) to give technical .....

Market Committee and ors. Vs. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)94TTJ(Delhi)692

..... section 28 and are as under : (1) all moneys received by a committee shall be paid into a fund to be called the market committee fund and all expenditure incurred by the committee under or for the purposes of this act shall be defrayed out of such fund, and any surplus remaining after such expenditure has been met shall be invested in such manner as may be prescribed. ..... supra), their lordships of the supreme court were considering claim of bharat diamond bourse to be a "charitable institution" in the light of definition of "charitable purpose" as per sub-section 2(15) of the act.after considering above provision and sections 11, 12, and 13 of it act and certain case law, their lordships observed as under: "the decision of the constitutional bench of this court in addl. ..... (1965) 55 itr 722 (sc), the supreme court said in surat art silk's case (supra) that if the primary purpose is advancement of objects for general public utility, the institution would remain charitable, even if an incidental non-charitable object for achieving that purpose was contemplated. ..... revenue authorities, while processing returns of income of these assessees, to examine the claim of the assessees under sections 11 to 13 of it act and give such status to these institutions as is warranted by the facts of the case. ..... per different orders rejected the claim of above enumerated assessees to be registered under section 12a of it act.different reasons have been given by the learned cits in their separate orders. ..... 1958 .....

Modern Threads (India) Ltd. and Others. Vs. Lt. Col. B.K. Sharma and O ...

Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

..... pensioners to invest their funds in such schemes of deposits launched by companies and firms and it would not be right to take a hypertechnical view regarding such an arrangement and deny relief under the act to these depositors in the event of the company or firm failing to discharge their obligations in the matter of repayment of the principal and interest on the basis of the arrangement of service entered into between the ..... of the opinion that this commission can entertain such complaint received from the complainants/petitioners and there is no bar to entertain such complaint by us in view of provisions of section 3 of the consumer protection act by way of additional remedy claimed by the complainants/petitioners if such actions are not in derogation of the provisions of any other law for the time being in force. ..... relevant for the disposal of the above mentioned appeals, briefly stated, are that the appellant is a company duly incorporated and registered under the companies act, 1956, having its registered office at a-4, vijaypath, tilak nagar, jaipur, and a branch office at 709-ansal bhawan, 16-kasturba gandhi marg, ..... a social welfare legislation one should not make a narrow approach but should be guided by the principles of benevolent interpretation which will help to promote and achieve the object and purpose of the act namely, to protect the interests of consumers and suppress the evil sought to be remedied by the statute namely the unscrupulous exploitation of consumers. .....

Anglo-dutch, Colour and Varnish Works Private Limited Vs. India Tradin ...

Court : Delhi

Reported in : AIR1977Delhi41; ILR1976Delhi116

..... the definition of the 'mark' as contained in clause (j) of section 2 of the trade and merchandise marks act, 1958 is not exhaustive and the definition is such that there is practically no limit to the combination of various types ..... to the extent and scope of the work ''mark' as defined in section 2(j) of the trade and merchandise marks act, 1958, the observations of graham, j. ..... respects, the container of the defendant is a substantial reproduction of the plaintiff's copyright and thus under section 55 of the act, the plaintiff is entitled prima facie to the relief of permanent injunction for the infringement of his copyright. ..... alleged, is fraudulent as no such mark of the respondent is registered under the trade and merchandise marks act, 1958. ..... that definition, as was pointed out in contrast to other definitions in the act, starts with the word 'includes' showing that the definition is purposely not limited to the precise ..... alleged that the applicant's artistic design on the containers is registered under number : a-13952/75 under copyright act, 1957, and is in use for the past nearly one year. ..... itself is delined in section 2(c)(iii) of the copyright act to include 'any other work of artistic craftsmanship'. ..... of section 14 gives the meaning of the copyright and under sub-section (2) any reference in sub-section (1) to the doing of any act in relation to a work includes a reference to the doing of that act in relation to a substantial part thereof. ..... the , remains that the plaintiff's .....