Court : Delhi
Reported in : 48(1992)DLT660; 1993(44)ECC101
..... had contended that in exercise of the powers contained in entry 52 of list i the parliament had enacted the industries development and regulation act, 195] (hereinafter referred to as the idr act), this act had been enacted for the purpose of regulating the development of industries which are of public importance and these industries are celled scheduled industries and ..... made there under; (b)sell, stock or exhibit or offer for sale or distribute any ayulvedic, siddha or unani drug winch has been manufactured in contravention of any of the provisions of this act, or any rule made there under; (c)manufacture for sale or for distribution, any ayurvedic, siddha or unani drug, except under, and in accordance with the conditions of, a license issued ..... case (supra) in following words:as regards the second' ground, the contention that parliament having made- the requisite declarations in section 2 of the (development and regulation) act, 1951 declaring 'drugs and pharmaceuticals' to be a scheduled industry being item 22 of schedule i thereof, the state legislature was denuded of its competence to enact the impugned ..... specifically with the contention of occupied field, which had been agitated at some length before us, the supreme court at page 1871 in the southern pharmaceuticals' case (supra) held as follows:it is not disputed by the appellants that the impugned act does not levy a duly of excise on medicinal and toilet preparations' containing alcohol, but they contend that, whatever .....
Tag this Judgment!Court : Delhi
Reported in : 1997VAD(Delhi)265; 68(1997)DLT553; 1997(43)DRJ108; 1997RLR567
..... (ii) any person in the service or pay of a local authority; (iii) any person in the service or pay of a corporation established by or under a central, provincial or state act, or an authority or a body owned or controlled or aided by the government or a government company as defined in section 617 of the companies act, 1956 (1 of 1956); (iv) any judge, including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory functions; (v) ..... banking, receiving or having received any financial aid from the central government or a state government or from any corporation established by or under a central, provincial or state act, or any authority or body owned or controlled or aided by the government or a government company as defined in section 617 of the companies act, 1956 (1 of 1956) (x) any person who is a chairman, member or employee of any service commission or board, by whatever name called, or a member of ..... service or pay of the government or in the service or pay of a local authority or of a corporation established by or under a central, provincial or state act or an authority or a body owned or controlled or ordered by the government or a government company as defined in section 617 of the companies act, 1956, he is not covered by clauses (i), (ii) and (iii) of section 2(c) of the act of 1988 and as he is neither a judge nor a person empowered by law to discharge, whether by himself or as a member of any body of ..... 1871 .....
Tag this Judgment!Court : Delhi
Reported in : [1983]54CompCas883(Delhi)
..... he has alleged breach of the provisions of the companies act but has not specified which particular provision has been breached. 2. ..... neither the article not the provisions of the act require the matter to be put to the shareholders for approval. ..... british mutual life assurance society [1871] 6 ch a 614; adamson's case (paraguassu steam tramway co. ..... in exercising their powers the directors do not act as agents for the majority or even all of the members, and so the members cannot by a resolution passed by a majority or even unanimously supersede the directors powers, or, instruct them how they shall exercise their powers. ..... (agencies) have filed a suit in the delhi high court requiring the company to file the said agreement under the arbitration act the company is strongly resisting the suit.' 20. ..... joshi, a retired judge of this court, to act as the sole arbitrator in this case and to give his award on the dispute between the parties. ..... 314 and 294 '(if applicable)' of the act in relation to the contract dated june 1, 1967, was proposed at the said meeting ..... but if he disclose his interest and does not vote on the resolution and does not take part in the discussions it cannot be said that he has acted improperly or is guilty of undue influence or fraud. 16. ..... until it takes one or other of these steps the directors can, if they are so advised, disregard the wishes and instructions of the members in all matters not specially reserved (either by the act or the articles) to a general meeting. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1972Delhi212
..... the comptoir d' escompte, (1871) 3 pc 465, one of the first and highest duties of all courts is to take care that the act of the court does no injury to any of the suitors, and when the expression 'the act of the court' is used, it does not mean merely the act of the primary court or of any intermediate court of appeal, but the act of the court as a whole from the lowest to the highest.the judicial committee in jai berham v. ..... 19 which covers a suit for ejectment of a person occupying land without title ; and that under section 84 of the act, a person taking or retaining possession of land otherwise than in accordance with the provisions of the law for the time being in force and where the land forms part of the holding of a bhumidar or asami without the ..... it also does not take into consideration the acts of the civil court delivering possession to a party in execution of its order or decree. ..... it is inherent in the general jurisdiction of the court to act rightly and fairly according to the circumstances towards all parties involved. ..... in my opinion, the duty of the court is clearly to see that its act does no injury to any party. ..... the contention which has been raised on behalf of the appellant in this court is the same which was pressed before the courts below, namely that under section 185(1) of the delhi land reforms act, 1954 (the jurisdiction? .....
Tag this Judgment!Court : Delhi
Reported in : [1991]70CompCas287(Delhi); 42(1990)DLT115
..... learned counsel fro the petitioner has vehemently argued that the salutary provisions introduced in section 630 of the indian companies act would become useless if the proceedings on the criminal complaint are stayed and the company is deprived of the summary relief of getting possession of ..... perumal [1984] 149 itr 6 , this court held that if at any stage later on in an appeal under the income-tax act, any decision is given disbelieving the allegations which are the subject matter of the criminal complaint, then the criminal court obviously would give due regard to the said ..... or postpone hearing of the criminal case in exercise of its discretionary power under section 309 of the criminal procedure code if the disposal of any proceedings under the income-tax act which has a bearing on the proceedings before it is imminent so that it may take into consideration such an order. ..... 1989]3scr750 , it hsd been held by the supreme court that the purpose of enacting section 630 of the companies act is to provide speedy relief to a company when its property is wrongfully obtained or wrongfully withheld by an employee or ..... that the respondent having failed to hand over vacant possession of the premises after he ceased to be an employee of the company, he had committed an offence punishable under section 630 of the companies act and also under sections 441, 406 and 408 of the indian penal code.3. ..... union of india, air 1871 sc 1244, that decisions of the civil courts are binding on criminal courts .....
Tag this Judgment!Court : Delhi
Reported in : ILR1979Delhi771b
..... suit shall be instituted against the corporation or against any municipal authority or against any municipal officer or other municipal employee or against any person acting under the order or direction of any municipal authority or a,ny municipal officer or other municipal employee, in respect of any act done, or purporting to have been done, in pursuance of this act or any rule, regulation or bye-law made there under, until the expiration of two months after notice in writing has been left at ..... when an actionable wrong has been committed and to secure the protection there must be in the first place a bona fide belief by the official that the act complained of was justified by the statute, secondly the act must have been performed under colour of a statutory duty, and thridly, the act must he in itself a tort in order to give rise to the cause of action, it is against such actions for tort that the statute gives ..... said : 'it has long been decided that such a provision as that contained in the public authorities protection act, is intended to protect persons from the consequences of committing illegal acts, which are intended to be done under the authority of an act of parliament but which by some mistake are not justified by the terms and cannot be defended by ..... as the supreme court has said : 'it is the very essence of a continuing wrong that it is an act' which creates a continuing source of injury and renders the doer of the a'ct responsible and liable for the continuance ..... (1871) .....
Tag this Judgment!Court : Delhi
Reported in : ILR1969Delhi1130; [1972]83ITR538(Delhi)
..... delhi, has referred the following two questions for the opinion of this court :- "(1)whether, on the facts, and in the circumstances of the case, the compensation payable under the displaced persons (compensation and rehabilitation) act, 1954 (44 of 1954) in respect of the verified claim in the name of the deceased, was liable to estate duty as property passing on the death of the deceased under the estate duty ..... a mere right of suit is nto property, but a title to recover future property as has been observed by the privy council in (1871-72) in re : syad tuffuzzool hossein khan v. ..... (34) it was further argued for the assesseds that the right to receive compensation was nto even an actionable claim within the meaning of section 3 of the transfer of property act but was more like a mere right to sue which could nto be transfer cheshire and fifoto on the law of contract, 1969 edition, at page 471 : "any assignment is void if it savours of the tort of maintenance, i.e. ..... of the report : there can thus be no manner of doubt that any legal rights that came into being in the matter of receiving compensation by displaced persons who had left their properties in pakistan were created by the act of 1954 and nto by the earlier act of 1950 which only dealt with the registration and verification of claims" reference to the decision of the supreme court in amar singh v. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1985Delhi331; [1974]95ITR34(Delhi)
..... general law for summoning the relevant record was entirely different from the scope of the power of the commissioner of income-tax under the aforesaid clause; and that the repeal of section 137 of the act of 1961 clearly indicated that the legislature thought that it was no more necessary to keep the records of assessment by the income-tax department relating to an assessed as confidential, and the bar with ..... cause to be furnished to any officer, authority or body performing any functions under any law relating to the imposition of any tax, duty or cess, or to dealings in foreign exchange as defined in section 2(d) of the foreign exchange regulation act, 1947; or such officer, authority or body performing functions under any other law as the central government may, if in its opinion it is necessary so to do in the public interest, specify by notification in the official gazette in this behalf ..... an application to the commissioner in the prescribed form and pays the prescribed fee for information as to the amount of tax determined as payable by any assessed in respect of any assessment made either under this act or the indian income-tax act, 1922, on or after the 1st day of april, 1960, the commissioner may, notwithstanding anything contained in section 137, if he is satisfied that there are no circumstances justifying its refusal, furnish or cause ..... abbott purchased certain crown land in march 1871, under the provisions of the crown lands alienation act, 1861, and it was granted to .....
Tag this Judgment!Court : Delhi
Reported in : I(1985)ACC121; ILR1985Delhi746
..... be instituted against the corporation or against any municipal authority or against any municipal officer or other municipal employee or against any person acting under the order or direction of any municipal authority or any municipal officer or other municipal employee, in respect of any act done, or purporting to have been done, in pursuance of this act or any rule, regulation or byelaw made there under, until the expiration of two months after notice in writing has been left ..... (20) all that section 478(2) says is that where proceedings are taken against the corporation or a municipal official for any act done in pursuance of the act, or any public duty imposed by the act, or for any neglect or default in the execution of such statutory powers or duties, the ordinary right of the subject to the remedy is to be cut down ..... was a local authority called the notified area committee civil station which had jurisdiction over the area in question and was governed by the punjab municipal act of 1911, as extended to delhi, by section 56(g) read with section 3(30) all public streets and trees standing over them vested in the notified area ..... said' 'it has long been decided that such a provision as that contained in this section is intended to protect persons from the consequences of committing illegal acts, which are intended to be done under the authority of the act of parliament, but which,by some mistake, are not justified by its terms,and cannot be defended by its provisions. ..... judge 1871 .....
Tag this Judgment!Court : Delhi
Reported in : [1978]48CompCas277(Delhi)
..... it was held (page 75) :' the position in law may thus be summarised : when in an action in conversion a defense is raised under section 131, negotiable instruments act, the primary question for determination is whether in the matter of realisation of the cheque the collecting bank had acted without negligence--negligence not merely at the stage of encashment but at the prior stages from the receipt of the cheque in question. ..... subject to some exceptions which are irrelevant for the purposes of the present case, it matters not that the doer of the act of usurpation did not know, and could not by the exercise of any reasonable care have known, of his neighbour's interest in the goods. ..... the learned counsel for the defendant further contended that the defendant bank could not be said to have acted with negligence merely because its officers had failed to observe the rules of the bank for the conduct of their business in opening the current account in the name of r.k. ..... and the defendant as official assignee, interest is charged and it, thereforee, appears that by the wrongful act of the defendant the plaintiff has been deprived of money which was actually making interest, and their lordships are of opinion that, under these circumstances, a court of equity would clearly be disposed to give interest; and it is by no ..... thomas barlow [1871] 14 mia 209 it was held (pages 232, 233) :' on this point it is material to observe that, in the account which was drawn up between barton baynes & co. .....
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