Court : Delhi
..... under the agreement, dipl agreed to take off a minimum quantity of 1000 metric tons per day of pfa for a maximum period of 12 months from the commissioning, after which it was required-within a period of 48 months from the effective date, to off take a minimum quantity of 3000 metric tons per day of pfa during the remaining term of the agreement. ..... , as far as ingredient of the prima facie case is concerned, once an arbitral tribunal has found a case in favour of the respondent by a unanimous award, inspite of the constitution aforesaid of the arbitral tribunal, two members whereof were technical persons and the third a retired judge of this court, that is deemed to be sufficient for the purpose of prima facie case. ..... the aspect of charges, if any, incurred by the respondent for extension of the bank guarantee will be considered at the stage of final determination of the captioned petition or if and when a petition under section 34 of the arbitration and conciliation act, 1996, if any, is filed by the petitioner. ..... the observations made by the division bench of the bombay high court have to be viewed in the light of the context in which the same were made. ..... in this case, dipl and the respondent-maharashtra state electricity generation company ltd. ..... the words used by judges in their judgments are not to be read as if they are words in an act of parliament. ..... the words used by judges in their judgments are not to be read as if they are words in an act of parliament. .....
Tag this Judgment!Court : Delhi
..... aforesaid legal principles to the facts of the present case, it is observed that there is no evidence collected by the prosecution even to prima facie infer that the petitioners were a part of any agreement with other accused persons either to do any illegal act or legal act through illegal means, to sustain criminal prosecution of the petitioners. ..... undisputedly, the powers under section 482 have to be exercised sparingly and shall not be used in routine manner but simultaneously if a perusal of record makes out a case of false implication of the petitioners and if petitioners succeed in bringing its case in the stipulations carved out by the hon ble apex court in the ..... learned counsel for the petitioner has drawn attention of this court to the official noting from 09.09.2003 to 11.09.2003 to impress upon that nafed being amateur in respect of sko, it was completely relying upon the expertise of ..... is fortified in his plea of innocence on the strength of the findings given by the bombay high court in the criminal writ petition no.220/10 titled as alok ranjan vs. ..... of maharashtra and ors ..... been argued on behalf of the petitioner that the objective of executing tripartite agreement was to protect interest of nafed by preventing m/s. ..... charge of conspiracy court has to guard itself against the danger of unfairness to the accused. ..... pandey, former director of nafed in view of the bleak business forecast based on prevailing market ..... import of superior kerosene oil, heavy melting scrap (hms) etc. .....
Tag this Judgment!Court : Delhi
Reported in : 148(2008)DLT170; 2008(101)DRJ582
..... act, 1872 (1 of 1872), but subject to the provisions of this section, a confession made by a person before a police officer not below the rank of the superintendent of police and recorded by such police officer either in writing or on any mechanical devices like cassettes, tapes or sound tracks from which sounds or images can be reproduced, shall be admissible in the trial of such person ..... maharashtra reported in : (2002)1bomlr527 , a division bench of the bombay high court, while upholding the constitutional validity of sections 2(d), (e) and (f) and sections 3 and 4 of the mcoca, with reference to the provisions of section 2(1)(d) which defines 'continuing unlawful activities' observed as follows:.is intended to prevent ..... two numbers used by arvinder ..... view, wholly unjustified in view of the fact that the supreme court in the said case was dealing with the bail applications of persons charged for offences under sections 120b/255/249/472/474/260/263(a) & (b) 478 read with section ..... any doubt arise from the terms employed by the legislature, it has always been held a safe means of collecting the intention to call in aid the ground and cause of making the statute, and to have recourse to the preamble, which according to chief justice dyer is a 'key to open the minds of the makers of the act ..... from applying the provisions of mcoca to offences under sections 3 and 7 of the essential commodities act, 1955 as well as under the 1981 act ..... from various cities such as mumbai, calcutta, bangalore, etc .....
Tag this Judgment!Court : Delhi
..... the bombay act was concerned, the state of maharashtra came up in appeal against the judgment of the division bench of the bombay high court affirming the order of the learned single judge striking down the provisions of section 29(1) read with entry 10 of schedule i of the act in so far as they purported to prescribe an ad- valorem court fee, without any upper limit, on grants of probate, letters of administration ..... such persons who are not even conscious that they have any right, let alone of its violation arising ..... arguments for this kind of fee and cost requirement are that the state's interest in the prevention of frivolous litigation is substantial, its use of court fees and process costs to allocate scarce resources is rational and its balance between the ..... , national or local, or the necessity to maintain necessary supplies or the necessity to stop activities inherently dangerous, the existence of a machinery to satisfy the administrative authority that a case for imposing restriction is made out or a less drastic restriction may ensure the ..... proposal contained in the bill affects the area, boundaries or name of any of the states, the bill has been referred by the president to the legislature of that state for expressing its views thereon within such period as may be specified in the reference or within ..... the validity of the aforesaid provisions of levy of court fees and suits valuation act of 1955 with reference to levy of court fees advalorem working out at ..... or .....
Tag this Judgment!Court : Delhi
..... the bombay act was concerned, the state of maharashtra came up in appeal against the judgment of the division bench of the bombay high court affirming the order of the learned single judge striking down the provisions of section 29(1) read with entry 10 of schedule i of the act in so far as they purported to prescribe an ad- valorem court fee, without any upper limit, on grants of probate, letters of administration ..... such persons who are not even conscious that they have any right, let alone of its violation arising ..... arguments for this kind of fee and cost requirement are that the state's interest in the prevention of frivolous litigation is substantial, its use of court fees and process costs to allocate scarce resources is rational and its balance between the ..... , national or local, or the necessity to maintain necessary supplies or the necessity to stop activities inherently dangerous, the existence of a machinery to satisfy the administrative authority that a case for imposing restriction is made out or a less drastic restriction may ensure the ..... proposal contained in the bill affects the area, boundaries or name of any of the states, the bill has been referred by the president to the legislature of that state for expressing its views thereon within such period as may be specified in the reference or within ..... the validity of the aforesaid provisions of levy of court fees and suits valuation act of 1955 with reference to levy of court fees advalorem working out at ..... or .....
Tag this Judgment!Court : Delhi
Reported in : 160(2009)DLT775
..... cause the death of the person to whom the harm is caused, or3rdly- if it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death, or4thly- if the person committing the act knows that it is so imminently dangerous that it must, in ..... self research to give strength to the prosecution theory, assumed the role of an expert though not being an expert after viewing the videography of the site, attached undue weightage to the testimony of one of the most discredited witnesses and displayed ..... the breath; character of the speech;manner of walking, turning sharply, sitting down and arising picking up a pencil or coin from the floor;memory of incidents within the previous few hours and estimation of their time intervals;reaction of the pupils;character of the breathing ..... from this normal practice, there has to be more incriminating material on record like motive of crime, or victim and accused being known to each other and such like circumstances whereby the accused intended to kill the victim due to some prior animosity by using a motor vehicle as a weapon of offence to attract section 300 of the ipc or the knowledge that his act will in all probability would result in causing death to attract section ..... witnesses was obstructed by fog ..... bombay high court in the case of state of maharashtra ..... prevent the menace of drunken driving specially near pubs, five star hostels, discos etc ..... highway .....
Tag this Judgment!Court : Delhi
Reported in : 170(2009)DLT251
..... small scale industrial undertakings located in (a) notified/designated industrial areas/industrial estates or (b) areas earmarked for industries under the jurisdiction of industrial development authorities; (ii) widening and strengthening of highways; (iii) mining projects (major minerals) with lease area up to twenty five hectares, (iv) units located in export processing zones, special economic zones and (v) modernization of existing ..... maharashtra pollution control board and central pollution control board, new delhi, it appears that the activities to be undertaken by jswerl for power generation at jaigad are not likely to affect horticultural plantation and mango plantation in particular as well as marine life significantly provided jswerl's strictly maintains its adherence to its commitments made for preventing environmental pollution from ..... by ratnagiri zila zagruk manch before the bombay high court, no grievance has been ..... the person or entity proposing the activity that is potentially harmful to the environment and that lack of scientific certainty should not be used as a reason for postponing measures to prevent such ..... any writ petition or appeal under section 11 of the appellate act ..... prevention thereof for the sake of life and future generations should take preference over other public interest, in case there is reasonable apprehension and danger ..... any, on alphanso mango plantations and control measures for sulphur dioxide gas discharge in view ..... copies of 'affect on environment' etc. .....
Tag this Judgment!Court : Delhi
..... vii) of sub-section (1) of section 9 reads as under: (vii) income by way of fees for technical services payable by- (a) the government; or (b) a person who is a resident, except where the fees are payable in respect of services utilized in a business or profession carried on by such person outside india or for the purposes of making or earning any income from any source outside india; or explanation 2-for the purposes of this clause, fees for technical services means any consideration (including any lump sum consideration) ..... the outset pointed out that the judgment of the bombay high court in maharashtra state electricity distribution co. ..... wheelingas under: the operation whereby the distribution system and associated facilities of a transmission licensee or distribution licensee, as the case may be, are used by another person for the conveyance of electricity on payment of charges to be determined under section of section 62 (sic) of the electricity act, 2003 and its subsequent amendments. ? 3. ..... various assessment years filed by the revenue where one substantial question of law arises, and which has been framed by the order dated 18th september 2012 in ..... services might overlap and it would not be proper to view them in watertight compartments. ..... using the transmission system set up of pgcil but also availing of other services from pgcil such as maintaining the delivery voltage, economic transmission, minimum loss of electricity in transmission of regular and uninterrupted supply etc. .....
Tag this Judgment!Court : Delhi
Reported in : 109(2004)DLT227; 2004(72)DRJ57; (2004)ILLJ1118Del
..... conferred by clause (b) of sub-section (3) of section 1 of the employees provident funds act, 1952 (19 of 1952), and subject to the provisions contained in section 16 thereof, the central government hereby specifies every bank doing business in one state or union territory and having no departments or branches outside that state or union territory and employing twenty or more persons as a class of establishments to which the said act shall apply with effect from the 31st january, 1966.'..............10. mr. ..... in view of the fact that not only a substantial question of law of general public importance arises and in light of my difference of opinion with the bombay high court needs a decision by the hon'ble supreme court, i grant as per the provisions of article 134-a at the request of both counsel, a certificate of fitness for leave to appeal to the hon'ble ..... iillj735sc to contend that in construing a social welfare legislation the view advancing the object of the act and serving its objects must be preferred to one which obstructs the object and frustrates the said purpose. ..... thus the judgment of bombay high court which initially covered the state of maharashtra only, now by virtue of letter dated 21st february, 1989 ..... section (3) of section 1 of the provident funds act provides that subject to the provisions contained in section 16, the provident funds act applies to every establishment which is a factory engaged in any industry specified in schedule i and in which 20 or more persons .....
Tag this Judgment!Court : Delhi
..... relation to whoever, in contravention of any provision of this act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-state, exports inter-state or uses any manufactured drug or any preparation containing any manufactured drug shall be punishable, (a) ..... section 7508(a)(3)(iii) of title 18 requires that when a person is convicted of possessing at least 100 grams of cocaine, the court must impose, at a minimum, four years in prison and a fine of $25,000 or such larger amount as is sufficient to exhaust the assets utilized in and the proceeds from ..... petitioner has preferred the present writ petition to challenge the constitutionality and vires of section 3(1)(ii) of the maharashtra control of organized crime act, 1999 (mcoca, for short) which was extended to national capital territory of delhi by ..... act, prevention of food adulteration act, drugs (control) act, import and export (control) act, foreign exchange regulation act etc ..... a man who has been guilty of great offences arising from cupidity, of forging a bill of exchange, for example, of keeping a ..... the bombay high court, wherein the learned single judge, prima facie, observed that there was an inconsistency in section 3 of the mcoca in as, much, as, the minimum fine prescribed in section 3(1)(ii) was rs.five lakhs, whereas, the minimum fine prescribed under section 3 ..... minimum fine, the legislature keeping in view the object with which the law .....
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