Court : Delhi
Reported in : [1997(75)FLR382]
..... . it was also alleged that reference letter dated 7.4.1983 was illegal and bad in law and without application of mind since workmen, covered by the reference had voluntarily entered into memorandum of settlement under intimation to the concerned labour authority and thereby converted their retrenchment into voluntary resignation ..... . it is contended that the award, thus, is bad in law in so far as it pertains to the adjudication relating to items 10 and 11 of schedule iv and section 9-a of the act. 17 ..... even if it be assumed that it is covered by the provisions of section 25-f of the act, the retrenchment being not covered by section 25-n, the same was bad in law. 6. ..... it was also alleged that retrenchment had been effected by the management without complying with the provisions of section 25-g of the act and, thus, was bad in law. .....
Tag this Judgment!Court : Delhi
Reported in : 38(1989)DLT160
..... (6) i must make an observation that all through the hearing of the petitioner the urban art commission and other authorities who were concerned with the sanctioning of the plans bad been co-operating and acting as directed by this court. ..... the chief fire officer who was also accompanied by the fire officer stated that the only objection raised by the fire officer at an earlier occasion had been removed and thereafter the fire officer bad categorically stated that be bad no objection to the plans being sanctioned. ..... he submitted that the commission on consideration of its powers bad already found the plans to be in order and had no objection to the same being sanctioned. ..... the objection of the chief fire officer was also removed by the petitioner and the counsel for chief fire officer bad made a statement to that effect in the court. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1983Delhi1
..... the satisfaction said to have been arrived at by the authority would also be bad where it is based on the application of a wrong test or the misconstruction of a statute. ..... er 201 the exercise of the power would be bad and so also would the exercise of the power be vitiated where the authority has disabled itself from applying its mind to the facts of each individual case by self-created rules of policy or in any other manner. ..... the continued detention of the petitioner, during the emergency, and again from march 21, 1977 to march 23, 1977 when the petitioner was released, was bad in law, says the counsel. ..... the best of intention, as a relevant factor something which it could not properly take into account in deciding whether or not to exercise the power or the manner or extent to which it should be exercised, the exercise of the power would be bad. ..... executive, the court can always examine whether the requisite satisfaction is arrived at by the authority: if it is not, the condition precedent to the exercise of the power would not be fulfillled and the exercise of the power would be bad. ..... articles 14 and 19 of the constitution of india, whose use was suspended, would strike down any legislation which would have been bad. .....
Tag this Judgment!Court : Delhi
Reported in : 38(1989)DLT357; 1989RLR296
..... in most of the petitions which were admitted by the court the petitioners bad sought stay of the prosecutions under these regulations and by obtaining the stay orders have virtually foreclosed the magistrates from either punishing the violators of the regulation or closing such places run contrary to the ..... there is thus no substance in the contentions of the petitioners that the plurality of the enactments or authorities render police regulations bad for violation of art. 19(1)(g). ..... the delhi police act and the regulations, in so far as they seek to include sarais under the 'places of public entertainment', are bad in law and void. ..... we have independently held that where the petitioners bad requested the lt. .....
Tag this Judgment!Court : Delhi
Reported in : 1993IIIAD(Delhi)1145; 1993(27)DRJ341
..... (1926) 1 ch 66 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 of that body, but proved to be committed in bad faith or from corrupt motives, would be certainly be held to be inoperative. ..... improper motive need not be established only by direct evidence or it must be discernible from the order impugned and it reads as under;- 'doubtless,he who seeks to invalidate or nullify any act or order must establish the charge of bad faith, an abuse or a misuse by government of its powers. ..... while the indirect motive or purpose, or bad faith or personal ill-will is not to be held established except on clear proof thereof, it is obviously difficult to establish the state of a man's mind, for that is what the appellant has to establish in this case,though ..... the misuse in bad faith arises when the power is exercised for an improper motive, say, to satisfy a private or personal grudge or for wreaking vengeance of a minister as in s.pratap singh v.state of punjab, : ( ..... a distinction between exercise of power in good faith and misuse in bad faith. ..... if bad faith would vitiate the order,the same can, in our opinion, be deduced as a reasonable and inescapable inference from ..... of intentions, as a relevant factor something which it could not properly take into account in deciding whether or not to exercise the power or the manner or extent to which it should be exercised, the exercise of the power would be bad. .....
Tag this Judgment!Court : Delhi
Reported in : 41(1990)DLT542; I(1990)DMC477; 1990(19)DRJ36
..... veena sabharwal is an independent witness in her own right and bad made a statement in official capacity having no interest in anyone. ..... it was held by the supreme court that he was not an investigating officer and io it cannot be said that he bad recorded the dying declaration as an investigating officer. ..... (27) the case of the prosecution bad been that inspector amrik singh reached the hospital and it is he who brought sbri gc. ..... of mother-in-law since the patient would have only one mother-in-law according to her the duty constable was present by her side at the time the history was given by the injured, which she bad written in portion a to a of mlc ext. ..... harpreet kaur bad signed her statement ext. ..... she bad further slated that on that day at about 5 30 p m. .....
Tag this Judgment!Court : Delhi
Reported in : 1987(29)ELT753(Del); ILR1985Delhi164
..... . i further hold that the conditions imposed on the licenses at the time of the revalidation were bad in law and the licenses could be availed ofas if no such illegal conditions existed ..... . but it must be remembered that making charges without any sound basis isnot enough and that the charge of bad or ill will is not to beheld established except on clear proof thereof, and 'doubtless,he who seeks to invalidate or nullify any act or order must establish the charge of bad faith, an abuse or a misuse by government of its powers ..... . the submission is that a decision of a quasi-judicial tribunal is bad in law when he surrenders his judicial power in favor of the external executive agencies ..... . the order of confiscation would not thereforee, be bad even though it had not given the petitioner an option to pay a fine in lieu of confiscation ..... . and, with these principles in view 1 hold that the collectors order was bad in lawand should be set aside ..... . the breach in fact is enough........section 7 casts an absolute obligation regardless of scienter, bad faith and means rea ..... . i have, thereforee,no hesitation in declaring the impugned order bad in law andnon-est .....
Tag this Judgment!Court : Delhi
Reported in : 31(1987)DLT340
..... 1979, one of the owners of a dwelling units bad filed a suit impleading the corporation as a sole defendant and had prayed that the corporation should be restrained from revalidating the plans. ..... (1) the challenge in this writ petition is to the decision of the respondent in not granting extension of time with ragard to the building plans which bad been sanctioned earlier. ..... in the written statement filed thereto, it is contended by the petitioners, the corporation for the first time stated that the request for revalidation bad been declined. ..... in that case building plans had originally been sanctioned but the period within which the construction could be made bad expired. ..... itself was not maintainable because an application under section 341 of the act for extending the time could only be filed before the period within which the building had to be constructed as to the sanctioned plan, bad expired. ..... (7) on 24th august, 1974, while litigation between the petitioners and the respondents was going on before the trial court, an application was filed with the corporation for revalidation of the previous sanction which bad elapsed. .....
Tag this Judgment!Court : Delhi
Reported in : 38(1989)DLT94
..... statement to take the plea that the premises were taken on rent by the firm of which he was the sole proprietor and that possession of the premises 'was exclusively with him and that his firm bad been converted into a private limited company which was carrying on the business in the premises. ..... the landlady filed a petition for eviction against the appellant on the ground that it bad sublet, assigned or otherwise parted with possession of the premises in favor of two different companies. ..... act, a lease could only be created in the manner stated in that section and a document executed by a lessee alone bad not been specified in that section as one of the modes by which a lease could becreated. ..... the court held that it was unable to sustain the findings of the high court and the courts below on the basis of the pleadings and evidence as the findings bad been arrived at without the basic facts and, thereforee, could not be sustained. ..... that if the finding of additional controller was to be affirmed that in fact it was the tenant company which was the tenant in the premises then the ground of eviction was well made out and eviction order bad then to be affirmed. mr. ..... 5 kw bad been sanctioned in the name of a. .....
Tag this Judgment!Court : Delhi
Reported in : 1994IIAD(Delhi)593; 54(1994)DLT578; 1994(29)DRJ258
..... policy, the courts will seldom interfere at the instance of a person claiming to be aggrieved by the action taken unless the act has been vitiated by excess of power in the narrow sense, or non-compliance with procedural requirements, bad faith, or the bonafide pursuit of an unauthorised purpose where the ambit of the power is adequately defined with reference to purpose. ..... poole corporation (1926) 1 ch 66 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 of that body, but proved to be committed in bad faith or from corrupt motives, would certainly be held to be inoperative. ..... the misuse in bad faith arises when the power is exercised for an improper motive, say, to satisfy a private or personal grudge or for wreaking vengeance of a minister as in s. ..... there is a distinction between exercise of power in good faith and misuse in bad faith. ..... union of india and another : (1979)illj25sc , the supreme court categorically held that if a discretionary power has been exercised for an unauthorised purpose, it is generally immaterial whether its repository was acting in good faith or in bad faith. .....
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