Court : Central Administrative Tribunal CAT Delhi
..... , the applicant exercised her option within the period of one year prescribed under the jipmer act, 2008 and the respondents took appropriate action thereon. ..... the following amendment was carried out: in section 28 of the jawaharlal institute of post-graduate medical education and research, puducherry act, 2008, in sub-section (1), - (a) for the words "one year", at both the places where they occur, the words "three and one-half years" shall be substituted; (b) in the proviso, for the words "provided that", ..... therefore, the option sought for under the jipmer (amendment) act, 2011 by which period of exercising of option by the employees of jipmer, puducherry was extended from one year to 3= years by amending section 28(1) of the jipmer act, 2008, would not be applicable to the applicant as she had already exercised her ..... once the applicant has exercised her option under jipmer act, 2008, withdrawal of the same would have been permissible within the last date ..... the applicant would be entitled for the benefits under the provisions of jipmer (amendment) act, 2011, we have carefully considered the objects and reasons of the amendment of jipmer act, 2008 carried out through act 10 of 2011. ..... jipmer having been declared as an institution of national importance by the jipmer act, 2008 and having been in force w.e.f. ..... by an act of parliament the jipmer, puducherry, act, 2008 came into force with effect from 14.07.2008 and jipmer was constituted as a body corporate as an institution of national .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... , the applicant exercised her option within the period of one year prescribed under the jipmer act, 2008 and the respondents took appropriate action thereon. ..... the following amendment was carried out: in section 28 of the jawaharlal institute of post-graduate medical education and research, puducherry act, 2008, in sub-section (1), - (a) for the words "one year", at both the places where they occur, the words "three and one-half years" shall be substituted; (b) in the proviso, for the words "provided that", ..... therefore, the option sought for under the jipmer (amendment) act, 2011 by which period of exercising of option by the employees of jipmer, puducherry was extended from one year to 3= years by amending section 28(1) of the jipmer act, 2008, would not be applicable to the applicant as she had already exercised her ..... once the applicant has exercised her option under jipmer act, 2008, withdrawal of the same would have been permissible within the last date ..... the applicant would be entitled for the benefits under the provisions of jipmer (amendment) act, 2011, we have carefully considered the objects and reasons of the amendment of jipmer act, 2008 carried out through act 10 of 2011. ..... jipmer having been declared as an institution of national importance by the jipmer act, 2008 and having been in force w.e.f. ..... by an act of parliament the jipmer, puducherry, act, 2008 came into force with effect from 14.07.2008 and jipmer was constituted as a body corporate as an institution of national .....
Tag this Judgment!Court : Delhi
..... on 1st april, 2010 and though under the school act and rules there was no express prohibition against establishing a school without seeking approval/recognition therefor from the directorate of education, gnctd (and owing to which this court had to adjudicate this aspect vide judgment dated 8th february, 2008), section 18 of the rte act prohibits a school other than a school established, owned or controlled by the appropriate government or the local authority from being established ..... it would therefore be seen that though the judgment dated 8th february, 2008 of this court directed the survey to be conducted and an opportunity for obtaining recognition to be given and closure of the schools remaining unrecognized but because of the statutory intervention vide section 19(2) of the rte act, the schools were granted a period of three years to obtain recognition and which period of three years expired on 31 st march, 2013.17. ..... this court, in judgment dated 8th february, 2008 in this petition, has held, (i) that the school act empowered the administrator, delhi to regulate education in all the schools in delhi; thus the operation of the school act is not limited to recognized schools only; (ii) that a new school can be established only with the permission of the administrator and subject to the fulfilment of the requirements stipulated in the school act and the rules framed thereunder; and, (iii) that .....
Tag this Judgment!Court : Delhi
..... its statement of objects and reasons noted that the law commission has undertaken a comprehensive review of the code of criminal procedure in its 154th report and its recommendations have been found very appropriate, particularly those relating to provisions concerning arrest, custody and remand, procedure for summons and warrant-cases, compounding of offences, victimology, special protection in respect of women and inquiry and trial ..... cannot be read so widely, is evident from the statement of objects and reasons of the 2008 amendment act, which states specifically that the 154 th law commission report s recommendations on victimology were found to be appropriate for incorporation into the code through the amendment. ..... not intended to be solely determinative of the entitlement to exercise the rights of the victim, in the criminal trial/appeal, on his/her death, application of heydon s mischief rule, given that the object of the 2008 amendment act was to ensure the involvement of the victim, who has a presumably personal interest in the fair and efficient prosecution of the trial/appeal. ..... as well as the proviso to section 372 was eventually inserted into the code of criminal procedure through the code of criminal procedure (amendment) act, 2008 (act no.5 of 2009). ..... recommended retention of the private complainant s right of appeal used crl.a.1415/2012 page 13 the broader language of person aggrieved , while referring to the same set of concerns that triggered the 2008 amendment act. .....
Tag this Judgment!Court : Delhi
..... 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 ..... be levied and collected at the major airports such as delhi and mumbai is to be determined by the regulatory authority under clause (b) of sub-section (1) of section 13 of the 2008 act and not by the central government.the regulatory authority constituted under the 2008 act has already issued a public notice dated 23.04.2010 permitting dial to continue to levy the development fees at the rate of rs.200/- per departing domestic passenger and at the rate of ..... , learned senior counsel appearing for the petitioners in both the writ petitions have contended as follows:- (i) the passing of an ad-hoc order is not within the purview of the act, if the stipulations in section 13 of the 2008 act are studiedly scrutinized inasmuch as where certain guidelines have been incorporated for determination of the functions of the authority and the primary function is based on the development fee. ..... and collect development fees at the major airport at mumbai and cannot do so in future until the regulatory authority passes an appropriate order under section 22a of the 1994 act as amended by the 2008 act. 7. .....
Tag this Judgment!Court : Delhi
..... the writ petition has been filed impugning the order dated 28 th may, 2008 of the "appropriate government" within the meaning of the industrial disputes act, 1947 referring the dispute raised by the respondent no.2 workman for adjudication to the industrial adjudicator. 3. ..... though notice of the writ petition was issued but the application for stay of proceedings before the industrial adjudicator was dismissed as not pressed on 22nd august, 2008. .....
Tag this Judgment!Court : Delhi
..... 1983) 2 scc8to contend that in terms of section 21 of the limitation act the date of filing of suit would be cs(os) 1096/2008 page 3 of 13 the appropriate date for consideration of the limitation.6. ..... where after the institution of a suit, a new plaintiff or, defendant is substituted or added, the suit shall, as regards him, be deemed to have been instituted when he was so made a party: cs(os) 1096/2008 page 9 of 13 provided that where the court is satisfied that the omission to include a new plaintiff or defendant was due to a mistake made in good faith it may direct that the suit as regards such plaintiff ..... a cause of action is a bundle of facts which are required to be proved for obtaining relief and for the said purpose, the material facts are cs(os) 1096/2008 page 12 of 13 are in relied on the pleadings required to be stated but not the evidence except in certain cases where to misrepresentation, fraud, wilful default, undue ..... of the limitation act would have to be gone into by the court at the appropriate stage.20. ..... of proviso to section 21 of the act where the court is satisfied that the omission to include a new defendant was due to mistake and in good faith the suit will be deemed to be instituted on an earlier date cs(os) 1096/2008 page 10 of 13 with regard to ..... documents which is filed under section 31 of the specific relief act, 1963 is governed by cs(os) 1096/2008 page 8 of 13 article 59 of the limitation act, 1963 i.e. ..... /2008 page 7 of 13 section 3(1) of the limitation act .....
Tag this Judgment!Court : Delhi
Reported in : (2009)225CTR(Del)1; [2009]317ITR107(Delhi); [2009]183TAXMAN100(Delhi)
..... a writ of certiorari or writ, order of direction in the nature of certiorari, or any other appropriate writ, order or direction under article 226/227 of the constitution of india quashing sub-section (1b) to section 271 inserted by finance act, 2008 as arbitrary, ultra virus and violative of article 14 of the constitution of india.b. ..... a writ of certiorari or writ, order of direction in the nature of certiorari, or any other appropriate writ, order or direction under article 226/227 of the constitution of india declaring that sub-section (1b) to section 271 inserted by finance act, 2008 cannot be given retrospective effect from 1.4.1989.c. ..... it is important to note that these provisions of section 271(1)(c) remain insulated from the amendment brought about by the finance act, 2008 whereby the impugned provision, that is, section 271(1b) was inserted.11.1 the reasons for bringing about the amendment is contained both in the memorandum and in clause 48 of notes on clauses. ..... the impugned provision which was brought on to the statute book by the finance act, 2008 with retrospective effect from (w.r.e.f. ..... a requirement which is mandated by the provision itself.15.7 learned asg also sought to place reliance on the memorandum as well as clause 48 of the notes on clauses appended to the finance act, 2008. ..... in this regard reference was made to clause 48 of notes on clauses of the finance act, 2008. .....
Tag this Judgment!Court : Delhi
Reported in : (2009)226CTR(Del)308; [2009]183TAXMAN369(Delhi)
..... out of the orders passed by the tribunal which limited itself only to the question of recording of satisfaction and did not go into the question on merits, in view of the amendment brought about in section 271 by virtue of finance act, 2008, these matters would have to be remitted to the tribunal for consideration on merits. ..... 664 of 2006.these appeals were referred to the full bench by the division bench on the following substantial question of law:whether satisfaction of the officer, initiating the proceedings under section 271 of the income tax act can be said to have been recorded even in cases where satisfaction is not recorded in specific terms but not otherwise discernible from the order passed by the authority ?2. ..... 211 of 2006 and other connected matters, directed that the individual cases be listed before the appropriate bench for hearing and disposal. ..... the full bench, in its judgment has noted that, pending the reference, sub-section (ib) has been inserted in section 271 of the income tax act, 1961 by the finance act, 2008. ..... the full bench has considered the same and by virtue of its judgment dated 27-11-2008 in cit v. .....
Tag this Judgment!Court : Delhi
Reported in : 166(2009)DLT103
..... clarifications and directions issued by the chief commissioner during the hearings dated 2nd april, 2008 and 8th may, 2008, wherein the respondents had been directed to rectify the eligibility conditions so as to bring them in line with the provisions under the rci act as well as to reserve one vacancy each in group 'a', 'b', 'c' and 'd' for appropriate sub-category of persons with disability through a corrigendum, respondent nos. ..... to the respondent to amend the recruitment rules for special schools funded/run by the education department so that they are in accordance with the provisions under the rci act and pwd act as also to re-advertise and fill the vacancies by calling applications from rehabilitation professionals having appropriate qualifications and also provide for reservation/relaxation to persons with disabilities in accordance with the pwd ..... the petitioners have sought quashing of the appointments to the posts of school teachers for the visually impaired children made by the respondent pursuant to an advertisement dated 27th february, 2008 in the cases where the appointed special teachers do not have a degree or diploma in special education recognized by the rci or are not registered with the rci as 'rehabilitation professionals' and ..... relevant provisions of the persons with disabilities act, 1995 and the applicable regulations for 3% reservation for persons with disabilities, in the advertisement dated 27th february, 2008 for the teaching and non-teaching posts .....
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