Court : Delhi
Reported in : 1991(1)DRJ(Suppl)56
..... made by the respondent in respect of a dealer whose place of business is at amritsar would be open to be struck down as invalid for want of inherent jurisdiction, and this, not even if the assessment proceedings bad properly been commenced before the assessing authority functioning at amritsar, nor do we hold that an irregular manner of seizing of an assessment proceeding would by itself attract jurisdictional infirmity necessarily vitiating a final assessment order. ..... department conceded that there was no specific order of transfer of the case from shri b.l.gupta to the file of shri minocha and thereupon the financial commissioner came to the conclusion that shri minocha bad no jurisdiction to pass the assessment order as be had not been appointed as the appropriate assessing authority in respect to the petitioner by a specific order in writing of the sales tax commissioner. ..... in that case that where both the assistant sales tax officer and the sales tax officer bad concurrent jurisdiction over an assessed, then, both of them could initiate and conclude the assessment proceedings ..... entertained by the financial commissioner even though the same had not been raised in the grounds of revision and bad been argued for the first time before him. ..... , found that by a specific order dated 30th august, 1965, the commissioner bad declared shri u r. ..... minocha bad been appointed, by the commissioner of sales tax, as the assessing authority in respect of the entire union territory of delhi (ward .....
Tag this Judgment!Court : Delhi
Reported in : 61(1996)DLT206; 1996(36)DRJ34
..... (26) it is also emphasised by the learned counsel that every administrative act should be free from the malady of bad faith and unreasonable delay in performing a duty enshrined by the statute would amount to malice in fact as well as malice in law as defined in black's law dictionary sixth edition. ..... exercise of power it manifests the legislative intention that the authority exercising the power within the prescribed time would not atleast be accused of inaction or tethering and thereforee, such exercise of power could not be said to be bad or invalid on the only ground that there was unreasonable delay in the exercise of power. ..... poole corporation 1925 all e r 74 it was laid down that no public body can be regarded as having statutory authority to act in bad faith or from corrupt motives and any action purporting to be that of the body, but proved to be committed in bad faith or from corrupt motives, would certainly be held to be inoperative. ..... the action is bad where the true object is to reach an end different from the one for which the power is entrusted, goaded by extraneous considerations, good or bad, but irrelevant to the entrustment. ..... the power is exercised within the statutory period yet the court can examine the question of delay and record a finding that there was an unreasonable delay in exercise of power and thereforee, the exercise of power is bad. .....
Tag this Judgment!Court : Delhi
Reported in : 45(1991)DLT518
..... according to petitioner, it was not correct, since the petitioner bad reliably learnt that the nomination bad not been made, in favor of the son of the petitioner, by her late husband. ..... 7, which was subject matter of the present writ petition, bad been reverted back to the society and that it has been so directed by the registrar. ..... in particular, in order to qualify, the applicant bad to get the leave of a judge. ..... petition is bad for non-joinder of necessary parties, because, all other legal heirs of late shri rajender nath bhaskar, have not been imp leaded. ..... 4, bad passed an order dated april 2, 1984, thereby, holding that plot no. .....
Tag this Judgment!Court : Delhi
Reported in : 2000(53)DRJ314
..... .' which was the 'appropriate govt' in this case; ii) the reference was not bad on the ground that it was made by secretary (labour) delhi administration; c) i) remaining absent would mean that it was a misconduct ..... . since there was no evidence whatsoever that compensation under section 25-f of the industrial disputes act was offered or paid to the workman concerned, an order of deemed to have resigned is a bad one; d) i) the order of deemed to have resigned was issued under the signatures of the depot manager, who was definitely subordinate to and/or lower in rank of general manager, the order of the depot manager is bad; ii) since the resolution no ..... . the order of retrenchment being the 'deemed to have resigned' clause is bad on this ground also.' 23. mr ..... . the order of retrenchment deemed to have resigned was bad on this ground also ..... . whether the reference is bad in law for the reasons stated in pare no ..... . labour court has infact accepted this plea and held that order of the depot manager was bad in law .....
Tag this Judgment!Court : Delhi
Reported in : IV(2005)BC386; 123(2005)DLT287
..... uoi, the ssi failed to furnish the required bank guarantee or remove the condemned stores or supply the balance 11 mt this forced the uoi to declare a total quantity of 33.649.949 mt as gone bad during the warranty period and to dispose of a quantity of 20.668.364 mt by a public auction whereby the uoi could realise an amount of rs. ..... however, the goods are rejected on the ground that they had gone bad even before expiry of six months viz.during the warranty period which was ..... uoi intimated the ssi that a particular quantity had gone bad during warranty period and invoked the warranty clause for rejecting ..... since the ssi did not replace the stocks which had gone bad, they were asked to refund the cost, freight, incidental ..... by the qmg branch, st 7, army headquarters, new delhi, that the quantity mentioned in the said letters and supplied under the inspection note and indent marks mentioned therein had gone bad and declared unfit for human consumption with the warranty period. ..... uoi has filed various intimation received from the supplies and transport director of army headquarters to the chief director of purchase stating that particular quantities had been declared gone bad and unfit for human consumption within the warranty period. ..... that the first intimation of 10.044 mt which had gone bad during the warranty period was received on 30th march, 1981 ..... for a quantity of 6.152.056 mt declared gone bad during the warranty period as per various letters received from the army headquarters up to .....
Tag this Judgment!Court : Delhi
Reported in : 1995IAD(Delhi)1169; 1995CriLJ2390; 58(1995)DLT264; 1995(33)DRJ132
..... union of india 1991 jcc 368 the division bench held that initiation of detention orders only after release on bail was bad but the view runs contrary to the supreme court judgment in yogendra murari's case (supra). ..... ramamurthi : 1994crilj620 delay of five months and 8 days was treated as bad in the case of the statute dealing with past acts of bootleggers, slum lords and drug offenders. ..... (7)the representation dated 8.8.94 to the state government is one under section 11 and has been rejected by the state government and it is bad as it refers to the rejection of the earlier representation. ..... if an order is passed and is bad, certiorari alone can be issued. ..... c 289, it was held that certain recovery of currency was not prejudicial and reference thereto was bad. ..... if adverse facts not relevant to 'smuggling' are taken into account, the detention under cofeposa will be bad. ..... of detention shall be deemed to have been made separately on each of such grounds and accordingly that if one irrelevant or one inadmissible ground had been taken into consideration that would not make the detention order bad. ..... : 1990crilj573 omission to invoke section 7 of the national security act (section 7 of cofeposa) was held not a ground to say that detention order was bad. ..... if investigation takes time, it is not bad. .....
Tag this Judgment!Court : Delhi
Reported in : 2001IIAD(Delhi)381; 89(2001)DLT440; 2001(58)DRJ781
..... -joinder of causes of action was also alleged on the grounds that when there were two units leased to the appellant by two different agreements, one suit to evict the appellant from both the units was bad for joinder of two different causes of action and in support of this reliance was placed on the judgment of ram chandra v. ..... /sub-tenant as a party which according to the appellant was inducted as sub-tenant with the consent of late shri krishna prasada the landlord, was not maintainable and bad for non-joinder of parties. ..... whether the present suit is bad for misguide of cause of action? ..... whether the suit is bad on the account of supersession of material facts? ..... before the expiry of the notice period was bad in law. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1979Delhi249
..... . 45 (xiii) and condition 8a suffer from because of the absence of the statement of policy on the subject or enunciation of a purpose relatable to be sought to be achieved, in the act the rule and the condition are bad also because the same do not spell out a guideline for its operation and implementation, a criterion for action under it, an index at which the reasonableness of an order issued under it can be tested ..... for the foregoing reasons, we hold that rule 45 (xiii) and condition 8a inserted in the 1953 rules by amendment in 1965 are beyond the rule making power conferred by section 16 of the cinematograph act 1952 and are otherwise bad in law and are quashed.36 ..... admission to cinema auditoriums, sought to be achieved by the impugned notifications, may be laudable, we are constrained to hold that notifications dated 30-10-1975 and 15-11-1975, having been issued in pursuance of the provisions of rule 45 (xiii) of the 1953 rules, are bad in law as the said rule itself has been found by us to be bad in law ..... such a condition in the license, to the extent section 16 purports to do so, it is bad for excessive delegation; 3. .....
Tag this Judgment!Court : Delhi
Reported in : [1986]157ITR371(Delhi)
..... whether, on the facts and in the circumstances of the case, the provisions made by the state trading corporation for bad and doubtful debts and sales tax liabilities which were transferred to the assessed are assessable in the hands of the assessed for this ..... whether, on the facts and the circumstances of the case, the amounts of provision made by the stc for bad and doubtful debts and sales tax liabilities which were transferred to the assessed are assessable in the hands of the assessed for these ..... in the hands of the assessed as amounts anticipated to be payable and, thereforee, they had to be allowed on the mercantile system of accountancy as anticipated liabilities and in the event of the sales tax being remitted or the bad debts being realised, the provisions of section 41(1) would apply against the assessed. ..... the tribunal, on the other hand, held that the amount of doubtful or bad debts and sales tax would not be taxable as the department had accepted the appellate assistant commissioner's ..... -68, a similar point regarding the provision for bad and doubtful debts and sales tax was raised ..... shows that in the first of these two years, the assessed-company had made a provision for bad and doubtful debts amounting to rs. ..... 1,52,297.29 and some other bad and doubtful debts which had been transferred towards which some payment ..... the question of bad and doubtful debts was also considered by the tribunal and came to the conclusion that no case was made out for inclusion of this amount .....
Tag this Judgment!Court : Delhi
Reported in : [1993]76CompCas670(Delhi)
..... they also pleaded that the suit is bad for multifariousness of causes of action and parties and the suit is bad for multifariousness of causes of action and parties and the suit is bad for multifariousness of causes of action and parties and the suit is hopelessly barred by limitation against defendants nos. ..... 2 : the suit is not bad for multifariousness of causes of action anf parties because defendants nos. ..... whether the suit is bad for multifariousness of causes of action and parties? 3. .....
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