Court : Delhi
Reported in : 38(1989)DLT178
..... very basis of the satisfaction that there is likelihood of breach of peace occurring with regard to the dispute regarding possession of the premises in question bad disappeared when the respondent bad in the civil suit made a categorical statement that be would not dispossess the petitioner except by due process of law. ..... his detailed judgment noticed the material facts which clearly showed that the cash memos which had been proved by the respondent in order to show that respondent bad opened his book shop in the premises in question soon after sending the notice of dissolution of partnership were not genuine. ..... he alleged that in fact he was in possession of the premises and bad kept his books and racks in the same and petitioner had broken open the locks on april .3, 1978 and bad removed his signboard and on the following day in the morning be bad thrown out his books, racks and his employees bad occupied the shop and be was not allowing respondent to enter the said ..... any possibility of breach of peace occurs in spite of the petitioner having given such a statement even then the resort could not be bad to section 145 because in that situation the parties could be proceeded against under section 107 cr.p.c. ..... an alleged notice issued by him to petitioner dated march 30, 1978 mentioning that as petitioner bad not taken any steps for starting the partnership business and the partnership had not been got registered and no joint account in the bank had been opened and the property was .....
Tag this Judgment!Court : Delhi
Reported in : 1993IVAD(Delhi)809; 54(1994)DLT179; 1994(28)DRJ245
..... a letter dated 7/5/1984 was received by the plaintiff from the defendant to the effect that nothing was payable under the policy as it was lying lapsed since the cheque in payment of the premium due on 28/9/1983 bad been dishonoured and the plaintiff was advised to intimate if fresh payment had been made in lieu of the dishonoured cheque so that the matter could be examined further. ..... 1,367.50 paise towards the premium payable on 28/9/83 hiving been dishonoured and that it was only in the month of january, 1984 .that the plaintiff bad gone to her bank and on checking up the account, found that there was an excess amount in her account and that the payment of the cheque towards the premium due on 28/9/83 has not been debited ..... plaintiff was, however, asked to send information if fresh payment in lieu of the dishonoured cheque bad been made so that the matter could be examined further. ..... the acceptance of the premium due on 28/12/83 by the defendant bad the effect of saving the policy from being lapsed? 5. ..... dishonoured and that the defendant has failed to account for this amount of the cheque and thus, there has not been any lapse on the part of the plaintiff while the dishonoured cheque bad not been returned to the plaintiff or her husband. ..... learned counsel for the plaintiff has submitted that the deceased bad paid premium due on 28/12/83 regarding which, receipt ex. ..... he did not know whether he bad some quarrel with lic in 1976 and if his entry in the office of lic was banned in that .....
Tag this Judgment!Court : Delhi
Reported in : 136(2007)DLT683; 2007(95)DRJ478
..... august, 1968 issued by the ministry of home affairs, paragraph 2 whereof is extracted in the writ petition and it reads as follows:(2) not appropriate to bring in past bad record in deciding the penalty, unless it is made the subject-matter of specific charge in the chargesheet itself.a question has arisen whether past bad record of service of an officer can be taken into account in deciding the penalty to be imposed on the officer in disciplinary proceedings, and whether the fact that such ..... of an officer is proposed to be taken into consideration in determining the penalty to be imposed, it should be made a specific charge in the charge sheet itself, otherwise any mention of the past bad record in the order of penalty unwittingly or in a routine manner, when this had not been mentioned in the charge sheet, would vitiate the proceedings, and so should be eschewed.7. ..... was incumbent upon the government to give to its servants, at the second stage, a reasonable opportunity to show cause against the proposed punishment, and if the punishment was also based on his previous punishments or his previous bad record, that should have been included in the second notice so that he could give his explanationn for the same. ..... would be necessary to examine the order of penalty in the light of all the facts and circumstances of the case, and to ascertain whether the past adverse/bad record and punishments are mainly responsible for the impositions of penalty as imposed upon the charged employee. .....
Tag this Judgment!Court : Delhi
Reported in : 2002VAD(Delhi)353; 98(2002)DLT525; [2002]257ITR123(Delhi)
..... we, thereforee, see no reason as to why the said notification authorizing the director should be held to be bad in law, particularly when the statute is not required to read in that context.70. ..... counsel appearing on behalf of the petitioner, would submit that the purported notification dated 06.09.1989 issued by the board authorizing the director to exercise power under sub-section (1) of section 132 of the act is illegal and bad in law as such the appointment is not authorised in law.51. ..... , could be issued by the director (investigation), who had the requisite jurisdiction thereforee, and thus search and seizure made in their premises cannot be held to be bad in law.71. ..... nalini mahajan were under the jurisdiction of assessing officer, panipat and director of income tax, chandigarh and thus, the impugned authorization by the additional director must be held to be bad in law.53. .....
Tag this Judgment!Court : Delhi
Reported in : 43(1991)DLT753; 1991(20)DRJ337
..... two appeals filed, by the gaon sabha, various opportunities were given to the counsel for the gaon sabha to argue the appeals the learned counsel, however, stated that according lo his instructions a senior counsel bad been engaged and he was not supposed to argue the appeals though the arguments continued before us for number of days but on every occasion the learned counsel refused to argue the appeals. ..... 's coming to a decision which will be in conflict with the decision between the appellant and the deceased respondent and, thereforee, which would lead to the court's passing a decree which will be contradictory to the decree which bad become final with respect to the same subject matter between the appellant and the deceased respondent. ..... (9) during the course of arguments preliminary objection was raised by the learned counsel for the respondents to the effect that the appeals filed by the proprietors bad abated inasmuch as various proprietors bad died and their legal representatives were not imp leaded on the record. ..... his contention was that the appeals-bad abated only qua the deceased appellants and the remaining appellants were entitled to continue with the appeals. ..... according to him all the claimants bad specified shares and as such could lay their claim for their own share and as such the abatement could be only in respect of the deceased appellants. he. .....
Tag this Judgment!Court : Delhi
Reported in : 43(1991)DLT394; 1991(20)DRJ236
..... only leases executed after the act came into force, but also leases executed prior to the operation of the act; and in that sense, the act clearly affects vested rights of the landlords who bad let out their urban properties to the tenants-prior to the date ofthe act. ..... even in the second appeal before the high court, they bad challenged the order of remissions of rent in grounds nos. ..... consider it an invariable rule that a statute could not be retrospective unless so expressed in the very terms of the section which had to be, construed, and said that the question in each case was whether the the legislature bad sufficiently expressed that intention. ..... so, it is urged that if the legislature bad intended to apply cl. ..... it cannot be said to be an invariable rule that a statute could not be retrospective unless so expressed in the very terms of the section which bad to be construed. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1995Delhi391; 1995(32)DRJ623
..... 317 where while dealing with impugned notification and declaration this court declared the same to be bad in law because of non-compliance of the requirement of mentioning the purpose of urgency in the notification itself.(6) mr. s.k. ..... once this court hold that the said notification and the declaration are bad then question of in.voking the provision of section 6 of the requisitioning act will not apply nor the decision of this court relied by the respondent will be of any help to him. ..... in the event the impugned notification and declaration are quashed as bad in law and invalid, the possession has to be restored to its owner. ..... , mr.jaitley contended that as the impugned notification does not disclose any urgency of taking possession particularly when the possession of the premises was already with the delhi administration, hence this notification has to be declared bad in law. .....
Tag this Judgment!Court : Delhi
Reported in : 1997IAD(Delhi)8; 65(1997)DLT605; 1997(40)DRJ55; 1997(2)SLJ155(Delhi)
..... (4) it was contended by mr.poddar, who appeared for the petitioner delhi administration, that the reference itself was bad in law in as much as the dispute referred to for adjudication fell neither under the second schedule nor under the third schedule of the industrial disputes act and that as the tribunal itself had admitted in the ..... act, 1947, item no.10 of 5th schedule specifies that to employ workers as badlies, casuals or temporaries and to continue them for years with the object of depriving them of the status and privileges of permanent workmen is an unfair labour practice. ..... true, in the written statement the department did assert that the appointments were not through the selection board but it did not plead that their appointment was bad on that account or on account of the same being contrary to rules. ..... as per him neither the reference was bad nor the award suffers from any infirmity or illegality. ..... in the case before me, the dispute raised being an 'industrial dispute' covered by item 6 of the second schedule, the reference was not bad. .....
Tag this Judgment!Court : Delhi
Reported in : 1992(23)DRJ45; 1992RLR97
..... tenants who seized upon it to raise all possible objections frivolous and otherwise but was misunderstood by the authorities, too, who applied erroneously and tested validity of the permission on requirement on the date of execution, or it was bad because the reason due to which sanction was obtained did not materialise even at time of execution. ..... contain special reasons but in subsequent decisions this has been explained and it has been held that in absence of any requirement in the section to disclose any reason an application filed without reason could not be said to be bad in law nor a permission granted on it could be said to be mechanical or mindless. ..... nor did the controller find any merit in the claim that the order of permission was mindless or it was bad for non-disclosure of reason. ..... even in commercial transactions non-disclosure of every fact does not vitiate the agreement, 'in a contract every person must look for himself and ensure that he acquire information necessary to avoid bad bargain [anson's law of contract]. ..... 21 with or without reasons is neither bad nor contrary to law. ..... error of jurisdictional fact renders order ultra virus and bad [wade administrative law]. .....
Tag this Judgment!Court : Delhi
Reported in : 1996IIAD(Delhi)69; 1996(37)DRJ63
..... firstly, whether the notice under section 126 was bad as it was vague and did not state the reasons or grounds for the proposed revision of rateable value, and secondly whether the order of assessment is bad as it does not state the reasons for revision of rateable value. ..... amendment in the assessment list, then the assessed cannot hold himself back by resorting to technicality and allowing the assessing authority to proceed ahead and then challenge the assessment by submitting that the assessment was bad as the notice itself was bad. .....
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