Court : Delhi
Reported in : 2007(2)CTLJ179(Del)
..... article 142 empowers this court to pass such order as is necessary to do complete justice to any cause or matter pending before it and article 144 enjoins all authorities, civil and judicial, to act in aid of the supreme court ..... definesindian law' thus:section 3 (29)'indian law' shall mean any act, ordinance, regulation, rule, order, bye-law or other instrument which before the commencement of the constitution had the force of law in any province of india or part thereof, or thereafter has the force of law in any part a state or part c state or part thereof, but does not include any act of parliament of the united kingdom or any order in council, rule or other instrument made under ..... the greater london (central zone) congestion charging order 2004 lays down the scheme which requires drivers to pay '8 per day if they wish to continue driving in central london during the scheme's hours of ..... the delhi municipal act was enacted in the year 1957 for the purposes of consolidating and amending the law relating to the municipal government of delhi.section 2(57) defines a public street thus:section 2(57): 'street' includes any way, road, lane, square, court, alley, gully, passage, whether a thoroughfare or not and whether built upon or not, over which the public have a right of way and also the roadway or footway over any bridge or ..... on 17th november, 2005, they only made a presentation on the chapter headings of the proposed report and outlined the direction in which they were working. .....
Tag this Judgment!Court : Delhi
Reported in : [2006]132CompCas113(Delhi); (2006)2CompLJ360(Del); 2006(86)DRJ6
..... undertake the steps for relocation for the aforesaid purpose which means convening of meeting of the shareholders approving writing down the share capital and increasing authorised share capital by amending memorandum and articles of association, meeting of the board of directors taking such a decision and applying to the high court for reduction of the share capital.or(b) since the aforesaid steps would be mere formality, in order to give ..... , the board hereby orders that the provisions of ss 2004, including clauses 8 (c) (i) & (ii) thereof will have the effect notwithstanding anything inconsistent therewith contained in any other law, except the provisions of fera and urban land (ceiling & regulation) act,1976, for the time being in force or in the memorandum or article of association of the industrial company or in any instrument having effect by virtue of any law other than this act. ..... of a sick industrial company with another company, the provisions of section 72a of the income-tax act, 1961 (43 of 1961) shall, subject to the modifications that the power of the central government under that section may be exercised by the board without the central government under that section may be exercised by the board without any recommendation by the specified authority referred to in that section, apply in relation to such amalgamation as ..... act, is when minority shareholders are to be protected and it is provided in chapter vi dealing with the prevention of oppression and mismanagement .....
Tag this Judgment!Court : Delhi
..... based on fee structure alone to be violative of article 14 of the constitution and beyond the mandate of the amended act of 1957, all schools, irrespective of the ..... urban village, unauthorized colony, resettlement colony, rural village and nonresidential areas; (b) availability of civic and social infrastructure; (c) access to roads; (d) access to district centres, local shopping centres, convenience shopping centres, and other markets; (e) land prices as may, from time to time, be notified by the central government or the delhi development authority; (f) use-wise ..... to classification of vacant lands and buildings in any ward of delhi into colonies and groups of lands and buildings and fixation of base value per unit area of vacant land or per unit area of covered space of building and factors for increase or decrease, or for no increase or decrease, thereof; (b) to consider objections under section 116c, and to make recommendation thereon; and (c) to perform such other ..... pointed out in the property tax guide (year 2004-05) issued by the mcd, prior to the amendments introduced in the act of 1957 by virtue of the amendment act of 2003, properties were taxed on the basis ..... territory of delhi (national capital territory of delhi) by the 69th (amendment) act but, the legislature so created was not a full-fledged legislature nor did it have the effect of transforming the status of delhi from a union territory to that of a state within the meaning of chapter i of part xi of the constitution. .....
Tag this Judgment!Court : Delhi
..... -- (a)"capital goods" means: -- (a) the following goods, namely: -- (i) all goods falling under chapter 82, chapter 84, chapter 85, chapter 90, heading 6805, grinding wheels and the like, and parts thereof falling under heading 6804 of the first schedule to the central excise tariff act; (ii) pollution control equipment; (iii) components, spares and accessories of the goods specified at (i) and (ii); (iv) moulds and dies, jigs and fixtures; (v) refractories and refractory materials; (vi) tubes and pipes and fittings thereof; and (vii) storage tank, used (1) in the factory of the manufacturer of the final products, but does ..... we do not find that amendment made in cenvet credit rules 2004 which come into force on 7.7.2009 was clarificatory amendment as there is nothing to suggest in the amending act that amendment made in explanation 2 was clarificatory ..... while re-stating the test, namely, first the article must be goods and secondly ceac122016 and other connected matter page 52 of 67 that it should be marketable or capable of being brought to market, it was held that goods which are attached to the earth and thus become immovable did not satisfy the test of being goods within the meaning of the central excise act nor can be said to be capable of being brought to the market for ..... in this context, it was submitted that the items in dispute are articles of iron and steel which falls under the chapter 73 and therefore, do not qualify under the definition of capital goods for grant of .....
Tag this Judgment!Court : Delhi
..... for short 2007 regulations) as ultra vires the provisions of the aircraft act, 1934 (for short the 1934 act), the aircraft rules, 1937 (for short the 1937 rules) and the airports authority of india act, 1994 (for short the 1994 act) and also ultra vires articles 14 and 19(1)(g) of the constitution of india and further to issue a writ of certiorari for quashment of the same ..... india except with the permission of the central government, granted under and in accordance with and subject to the provisions contained in schedule xi: provided that any person already permitted and operating scheduled air transport service before commencement of the aircraft (second amendment) rules, 1994, or any successor to such person under section 3 of the air corporation (transfer of undertaking and repeal) ordinance, 1994 (ord.4 ..... into, in connection with the operation of aircraft on air transport service by any person (including the applicant);(vii) if the tariffs for the proposed scheduled air transport services are reasonable; and(viii) any objections or representations made in accordance with the provisions of this schedule or any other law in force. ..... every word of the statute in its context, while keeping in mind the preamble of the statute, other provisions thereof, pari materia statutes, if any, and the mischief intended to be remedied. ..... article 21/14 is the heart of the chapter ..... johri mal, (2004) 4 scc 714, while dealing with the limited scope of judicial review, the apex court has laid down the .....
Tag this Judgment!Court : Delhi
..... (1) as from the date of commencement of the constitution (sixty-ninth amendment) act, 1991, the union territory of delhi shall be called the national capital territory of delhi (hereafter in this part referred to as the national capital territory) and the administrator thereof appointed under article 239 shall be designated as the lieutenant governor. ..... by the sixty-ninth (amendment) act (article 239 aa) but even here the legislature so created was not a full-fledged legislature nor did it have the effect of assuming that it could lift the national capital territory of delhi from union territory category to the category of states within the meaning of chapter i of part xi of the ..... state of maharashtra (2004) 8 scc505 the court was considering the question of whether all provisions of the land acquisition act, 1894 (another central enactment) can be read into the provisions under chapter vii of the maharashtra regional and town planning act, 1966 and the correctness of the view of the supreme court in (1995) supp (2) scc475 state of maharashtra v ..... n.k. bajpai case when the retired members of the customs, excise and service tax appellate tribunal (for short cestat ) were not permitted to practise before the same tribunal on the strength of rule 7, chapter iii, part vi of the bar council of india ..... . : [1954].1scr371, a bench consisting of five judges of this court upheld a notification issued by the regional transport authority, calcutta region, fixing lower tariff for smaller .....
Tag this Judgment!Court : Delhi
..... (1) as from the date of commencement of the constitution (sixty-ninth amendment) act, 1991, the union territory of delhi shall be called the national capital territory of delhi (hereafter in this part referred to as the national capital territory) and the administrator thereof appointed under article 239 shall be designated as the lieutenant governor. ..... by the sixty-ninth (amendment) act (article 239 aa) but even here the legislature so created was not a full-fledged legislature nor did it have the effect of assuming that it could lift the national capital territory of delhi from union territory category to the category of states within the meaning of chapter i of part xi of the ..... state of maharashtra (2004) 8 scc505 the court was considering the question of whether all provisions of the land acquisition act, 1894 (another central enactment) can be read into the provisions under chapter vii of the maharashtra regional and town planning act, 1966 and the correctness of the view of the supreme court in (1995) supp (2) scc475 state of maharashtra v ..... n.k. bajpai case when the retired members of the customs, excise and service tax appellate tribunal (for short cestat ) were not permitted to practise before the same tribunal on the strength of rule 7, chapter iii, part vi of the bar council of india ..... . : [1954].1scr371, a bench consisting of five judges of this court upheld a notification issued by the regional transport authority, calcutta region, fixing lower tariff for smaller .....
Tag this Judgment!Court : Delhi
..... article 323b of the constitution of india but to articles 38 and 39 of the constitution of india and its character can be judged only on the touchstone of article 38(2) of the constitution read with the statement of objects and reasons in the amending act and preamble of the act ..... legislation, the customs legislation, as well as, the central excise legislation uniformly provided, that in exercise of its appellate ..... be adversely affected by the action of the authorities should be given notice to show cause thereof and granted an opportunity of hearing and secondly, the orders so passed by the authorities should give reason for arriving at any conclusion ..... section 86 and they include determination of tariff for generation, supply, transmission and wheeling of electricity, wholesale, bulk or retail, within the state; regulating electricity purchase and procurement process of distribution licensees including the price at which electricity should be procured from generating companies; facilitation of intra-state transmission and wheeling of electricity; promote co-generation and generation of ..... separation of powers, there is no rigidity or exclusiveness involved in it as under section 71 as well as other provisions of chapter iii of the australian constitution; and so, it would not be inappropriate to say that the main test in determining the status of any authority in the context of article 136(1) is whether or not inherent judicial power of the state has been transferred to it. in r. ..... 2004 .....
Tag this Judgment!Court : Delhi
..... and annexes of the general agreement on tariffs and trade (gatt), including the trade- related aspects of intellectual property rights (trips) agreement, india, inter alia, introduced the patents (amendment) act ..... of 15wpo clarifies practice in the area of plant and animal patents, 29 june 2017, available at: https://www.epo.org/news-issues/news/2017/20170629.html(last accessed on 03.03.2017) 16commission notice on certain articles of directive 98/44/ec of the european parliament and of the council on the legal protection of biotechnological ..... entering upon the sub-license agreements with the plaintiffs in 2004, and taking advantage of the same all these years, apparently for commercial exploitation, it does not lie in the mouth of the defendants to turn around and say that they cannot be bound by such obligations under ..... , as indeed the cotton seeds price (control) order, 2015 promulgated by the central government, again in exercise of its statutory powers conferred by essential commodities act, 1955 provide not only the "law" but also reflect the "public policy" of the state and, thus, the "consideration" of the agreement between the parties in order to ..... and trademarks, erred in effectively directing it to compulsorily license the same to the nuziveedu, in direct conflict with the entire scheme of the patents act, 1970 and the trade marks act, 1999, which it is submitted, are in circumvention of the due process of law contained in chapter iv of the patents act, 1970, and .....
Tag this Judgment!Court : Delhi
..... sites blocked 19 mexico ley federal del derecho de autor, precepto 177 21 norway 22 portugal 20 netherlands dutch copyright act section 26d and the neighbouring rights act 1993, section 15e copyright act, section 56c code of copyright and related rights, articles 210-g(1), 210- h (2), general inspectorate of cultural activities ( igac ) competence legislation 1 site blocked 1 site ..... and reasons of the copyright (amendment) act, 1994, is reproduced hereinbelow:-"for effective copyright protection promotes and rewards human creativity and is, in modern society, an indispensable support intellectual, cultural and ..... xxxx xxxx xxxx xxxx (d) in the case of a cinematograph film,-- to make a copy of the film, including- a photograph of any image forming part thereof; or storing of it in any medium by electronic or other means; to sell or give on commercial rental or offer for sale or (i) (a) (b) ..... passing such orders under section 7 of the delhi high court act, 1966 read with chapter ii, rule 3(61) read with rule 6 of the delhi high ..... articles 9 and 11 of the directive on the enforcement of intellectual property rights (directive 2004/48/ec of the european parliament and of the council of 29 april 2004 on the enforcement of intellectual property rights) support and are consistent with the goals as laid down in article ..... the it act creates an administrative remedy empowering the central government to block access to any information on the grounds of- (i) interest of sovereignty and integrity of .....
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