Court : Delhi
..... i.e. petitioner's son), unknown officers/officials of the ministry of finance and other unknown persons under section 120b r/w section 420 of ipc and section 8 and section 13 (1)(d) r/w section 13(2) of the pc act. the petitioner was not named as an accused or suspect; there is no allegation against the petitioner ..... retrospective application to the provisions of the pmla which would be violative of petitioner s fundamental rights enshrined under article 20(3) of the constitution of india, 1950. to submit so, reliance is placed upon decision in arun kumar mishra vs. directorate of enforcement 2015 scc online del 8658.8. it was pointed out ..... the submission of the cbi that custodial interrogation is qualitatively more elicitation- oriented than questioning a suspect who is well ensconced with a favourable order under section 438 of the code. in a case like this effective interrogation of a suspected person is of tremendous advantage in disinterring many useful informations and also materials .....
Tag this Judgment!Court : Delhi
..... empowers the court to utilise such statements of persons whose statements were recorded in the absence of the accused as an exception to the normal principles embodied in section 33 of the evidence act, inasmuch as the accused has been denied of the opportunity of cross-examining is, therefore, necessary that the pre-conditions for utilising such statements in evidence ..... statements for basing the conviction of the appellant. so far as the compliance of the first part of section 299(1) is concerned, the same is established through the evidence of pw28, who at the relevant time was working in army as well as the s.h.o., safidon also submitted before the magistrate that the arrest of the ..... accused could not be procured, as he was absconding and in fact there was an order crl.a. 47/2016 page 10 of 15 from the magistrate for issuance of proclamation under section 82 of the crpc. .....
Tag this Judgment!Court : Delhi
..... the deficiencies, the college was given an opportunity of hearing vide hearing dated 03.05.2019 in terms of the first proviso to sub section (5) of section 13a of the imcc act, 1970 to appear on 12.06.2019 at 10.00 am. the college was instructed to make oral as well as written submissions in ..... hospital staff web based system. functional usg unit as per rms. 2016 were not available. therefore, under provisions of the first proviso to sub-section (5) of section 13a of the imcc act, 1970, an opportunity of hearing was granted to the college on 18.08.2018 to present the case.3. the observation of hearing committee based ..... said regulations, read to the effect:-" 3. requirements of minimum standard to grant of permission- (1)(a) the ayurveda colleges established under section 13a and existing under section 13c of the act and their attached hospitals shall fulfill the requirements of minimum standard for infrastructure and teaching and training facilities referred to in the regulations 4 .....
Tag this Judgment!Court : Delhi
..... . instead it was found that he actively participated in perpetrating fraud against the company in the impugned underwriting and claim transactions, by to do unauthorised acts like handing over pre-signed blank policies to unconnected persons, overlooking alterations relating to critical aspects in underwriting and claim documents, causing unauthorised alterations, approving ..... such findings are based on no evidence or where they are clearly perverse. the test to find out perversity is to see whether a tribunal acting reasonably could have arrived at such conclusion or finding, on the material on record. the courts will however interfere with the findings in disciplinary matters ..... was accepted by the disciplinary authority and was also endorsed by the in disciplinary central administrative tribunal. proceedings, the high court is not and cannot act as a second court of first appeal. the high court, in exercise of its powers under articlesof the constitution of india, shall not venture into .....
Tag this Judgment!Court : Delhi
..... directors of sbl group, namely chetan and nitin. thereafter, on 25.10.2017, another fir was registered by cbi for offences u/s 13(2) of prevention of corruption act r/w sections 420/467/468/471 ipc and same being scheduled crl.rev.p.107/2018 crl.rev.p.1180/2018 page 2 of 8 offences, a fresh ecir was registered ..... -gagan dhawan has been granted regular bail in crl.rev.p.107/2018 crl.rev.p.1180/2018 page 1 of 8 ecir/hq/17/2017, under sections of the prevention of money laundering act, 2002 (in short pmla ), whereas in the above captioned second petition, challenge is to order of 23rd october, 2018, vide which respondent-ranjit malik @ johny has ..... however, this infirmity in the impugned order itself does not go to the root of the matter for the reason that supreme court in tarachand shah (supra) has already declared section 45(1) of the pmla to be unconstitutional. the impugned orders have been tested on the parameters for grant of bail, as reiterated by the supreme court in amarmani tripathi .....
Tag this Judgment!Court : Delhi
..... directors of sbl group, namely chetan and nitin. thereafter, on 25.10.2017, another fir was registered by cbi for offences u/s 13(2) of prevention of corruption act r/w sections 420/467/468/471 ipc and same being scheduled crl.rev.p.107/2018 crl.rev.p.1180/2018 page 2 of 8 offences, a fresh ecir was registered ..... -gagan dhawan has been granted regular bail in crl.rev.p.107/2018 crl.rev.p.1180/2018 page 1 of 8 ecir/hq/17/2017, under sections of the prevention of money laundering act, 2002 (in short pmla ), whereas in the above captioned second petition, challenge is to order of 23rd october, 2018, vide which respondent-ranjit malik @ johny has ..... however, this infirmity in the impugned order itself does not go to the root of the matter for the reason that supreme court in tarachand shah (supra) has already declared section 45(1) of the pmla to be unconstitutional. the impugned orders have been tested on the parameters for grant of bail, as reiterated by the supreme court in amarmani tripathi .....
Tag this Judgment!Court : Delhi
..... determined by law not by consideration of expediency or convenience or choice of the parties who invoke jurisdiction of such court. the family courts act 1984 lays down, in section 7 of the act, that a family court shall have and exercise all the jurisdiction exercisable by any district court or any subordinate civil court under any law ..... may return the application if in its opinion the application would be disposed of more justly or conveniently by any other district court having jurisdiction. section 9 (1) of the gaurdians & wards act, 1890 deals with the jurisdiction of the court to entertain application. it makes it clear that an application in respect of the guardianship of ..... adjudication of the present writ petition, briefly encapsulated as follows: w.p. (crl) 2153/2019 page 1of 9 a. the petitioner is a former employee of the indian army and presently resides with his wife, smt. anguri, and his minor son, namely, prince at new delhi. b. whilst married to anguri devi, the petitioner is .....
Tag this Judgment!Court : Delhi
..... ld. counsel for dmrc has been heard in the matter and the court has perused the award. the present two petitions have been filed under section 34 of the arbitration and conciliation act, 1996 challenging the award dated 22nd november, 2011 passed by a three-member tribunal. the background of the dispute is that the dmrc invited tenders ..... court. on the last date, none appeared for mic electronics limited. today, a letter is submitted that the insolvency process is under way. the hearing in the section 34 petitions is not affected by the moratorium proceedings and so there is no justification in seeking adjournment. in the interest of justice, subject to payment of costs ..... the court was informed on the last occasion that mic electronics ltd. is in insolvency proceedings before the nclt, hyderabad bench. it was made clear that the section 34 petitions would not be affected by the moratorium which may be imposed in the said proceedings, as in the present case the objections to the award are to .....
Tag this Judgment!Court : Delhi
..... ld. counsel for dmrc has been heard in the matter and the court has perused the award. the present two petitions have been filed under section 34 of the arbitration and conciliation act, 1996 challenging the award dated 22nd november, 2011 passed by a three-member tribunal. the background of the dispute is that the dmrc invited tenders ..... court. on the last date, none appeared for mic electronics limited. today, a letter is submitted that the insolvency process is under way. the hearing in the section 34 petitions is not affected by the moratorium proceedings and so there is no justification in seeking adjournment. in the interest of justice, subject to payment of costs ..... the court was informed on the last occasion that mic electronics ltd. is in insolvency proceedings before the nclt, hyderabad bench. it was made clear that the section 34 petitions would not be affected by the moratorium which may be imposed in the said proceedings, as in the present case the objections to the award are to .....
Tag this Judgment!Court : Delhi
..... respondent no.2 i.e. ministry of 15. hrd, it is submitted that the ignou being a central university enjoys the full functional autonomy as envisaged under ignou, act, l985. the university takes all its decision including appointments/promotion etc. of its faculty and non-faculty members with the approval of its bom, which is the ..... for in sanctioning of petitioner's retrospective promotion.7. learned counsel for the petitioner further submits that the respondent no.1 knew very well that according to ignou act, 1985 respondent no.2 has no-vital role in day to day functioning of university including recruitments. however, respondent no.1 rejected the case of petitioner on ..... has no role in day to day functions of university and it is respondent no.1 who takes suitable action/decision in appointments in university under the ignou act, 1985. however, vide letter dated 27.05.2016 the respondent no.2 has informed the petitioner on his representations that his case has been rejected in 124th .....
Tag this Judgment!