Court : Delhi
Reported in : [1980]50CompCas456(Delhi); ILR1981Delhi249
..... in that case the validity of the central provinces and berar goondas act, 1946 was challenged which provided that. on. ..... the report was emphatic that members were 'clearly of opinion that a permanent body should be set up with the duty and responsibility for exercising vigilance and for taking action to protect the country against the dangers that we think do exist. ..... viscount lillbern after having held that the granting of leave is an administrative act proceeded on to consider the matter on the assumption that it was judicial or quasi judicial function but still held that no hearing was to be given at the stage when leave was being granted becuase the commissioner at the time of granting leave had to be satisfied only that there was prima facie case. ..... delhi administration, 1966(1) scr243 (6) the preamble, which is key to the understanding of the purpose of the act lays down that it is an act to provide that the operation of the economic system does not result in the concentration of economic power to the common detriment, for the control of monopolies, for the prohibition of monopolistic and restrictive trade practices and for matters connected therewith or incidental thereto. ..... it will be seen that the report mentions that the petitioner company gets 'its.goods manufactured from smaller firms aid then sells them under .its brand name. m.t.p. .....
Tag this Judgment!Court : Delhi
Reported in : [2008]87SCL51(Delhi)
..... since the very right of the management is a result of the companies act, the right of a shareholder under the same act to file a petition under section 397 and 398 cannot be made subject to such a restriction that even the authorisation of the central government cannot be granted to such a member under section 399 (4) except after the company management is heard.39. ..... the rule that a party to whose prejudice an order is intended to be passed is entitled to a hearing, applies alike to judicial tribunals and bodies of persons invested with authority to adjudicate upon matters involving civil consequences. ..... xxx the advocate-general acts as a statutory administrative authority performing the parens partriae jurisdiction of the state in regard to public trusts and while acting thus can and does cause substantial injury at times : preventing the taking of a step in aid of vindicating a right and this can cause injury for section 92(2) bars any action for the reliefs mentioned in section 92(1). ..... new zealand dairy production and marketing board (1967) 1 ac 551 : (1966) 3 all er 863, the court made observations of a general nature indicating circumstances when evidence could be recorded and submissions of the parties heard by a person other than the decision making authority.65. ..... the province of bombay, the court was required to consider the opinion of the government under section 4(1)(a) of the electricity act, 1910. ..... commissioner of hills division; : [1950]1scr621 province of bombay v. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1976Delhi95
..... under section 266 of the said act the district judge has the like powers and authority in relation to the grant of probate and letters of administration and all matters connected therewith as are by law vested in him in relation to any suit or proceedings pending in this court; that after coming into force of the delhi high court act, 1966, by virtue of the non obstinate ..... rw5 that the testator had been keeping indifferent health since 1957 when he had an heart-attack and was in bed for months thereafter; that in august, 1964 he was knocked down by a bus and sustained injuries on the head and other parts of the body; that some of his ribs were fractured: that he also had a concussion of the brain ..... and another , it was held that where the whole of the testator's property was situated within the united provinces of agra and oudh, yet by far the larger and more valuable part of it was in oudh and only a portion in agra, the district judge in agra province had jurisdiction to grant ..... continued to be governed by its local laws with regard to testamentary and intestate jurisdiction and it was contended that, in view of that, it could not be said that the district judge had no jurisdiction to make the grant because of the existence of the immovable property in goa (33) so far as the extension of the act to goa is concerned it ..... and their adaptation, while section 6 confers power on the central government to extend, with such restrictions or modifications as it thinks fit, to goa, daman and .....
Tag this Judgment!Court : Delhi
Reported in : 2003(69)DRJ751
..... it can be easily discerned that the case of the writ petitioners was that legal possession of the land was never taken inasmuch as there was no notification issued by the central government in terms of section 22 of the dda act placing the land at the disposal of the dda and in the absence of legal possession having been taken over by the official respondents, it was permissible for the minister to pass an order of releasing the land which was rightly done ..... the acquisition proceedings cannot be quashed in such cases where the awards have not been made and stay granted by the court is still in operation because of the period in which the stay remained in operation has to be excluded while computing the period of two years. ..... (xiv) the developer will hand over land free of cost to the local authority for such purposes as police station, milk booths, etc. ..... on 9th april, 1964 the government issued a notification under section 4 of the land acquisition act which was followed by declaration dated 17th december, 1966 issued under section 6 of the land acquisition act relating to 625 bighas and 12 bids was of land in village kotla mahigiran. ..... it is not till this formality is observed that the action can be regarded as that of the state constitutionally speaking, the minister is no more than an advisor and that the head of the state, the governor is to act with the aid and advise of the council of ministers. .....
Tag this Judgment!Court : Delhi
Reported in : 2007(2)CTLJ179(Del)
..... 2006:subsequent to removal of all hoardings from the city of delhi, in terms of the order of this hon'ble court dated 20.11.1997 and 10.12.1997, no permission for display of advertisement through hoarding of the above descriptions, has been granted by the answering respondent.it is further respectfully submitted that while submitting consolidated report before this hon'ble court regarding implementation of the directions of ..... , sales and usages) and non-biodegradable garbage (central ) act, 2000 ..... created for the regulation of traffic under the orders of a public authority such as a traffic authority, a public transport authority, or a local authority;(5) in such a form as well obscure or binder interpretation of any sign, signal or other device erected for traffic control by the ..... :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 ..... of the constitution of india, the supreme court is empowered to take aid and assistance of any authorities for doing complete justice in any cause or ..... for removal of hoardings particularly the mcd, ndmc, delhi metro, railway authorities and other bodies have violated the directions of the court with impunity. ..... 1966) 2 qb 633 and .....
Tag this Judgment!Court : Delhi
Reported in : 16(1979)DLT266; ILR1979Delhi601; 1979RLR497
..... and rubbish of every kind, and dead bodies of animals collected by the board from streets, houses privies, sewers, cesspools, or elsewhere, or deposited in places appointed by the board for such purpose; (e) all lamps and lampposts and apparatus connected therewith of appertaining thereto; (f) all land or other property transferred to the board by the central or a state government or by gift, purchase or otherwise for local public purposes; and (g) all streets and the pavements, stones and other materials thereof, and ..... such provisions have been made in accordance with the provisions of the regulations relating to the grant of permission for development made under the delhi control of building operations) act, 1955 and inforce immediately before the commencement of this act : provided that the local authority concerned may (subject to the provisions of section 53a) amend those regulations in their ..... acts are inconsistent with each other and operate in the same field and the doctrine of implied repeal is to be invoked, the result would be that the later 1957 act should be deemed to impliedly repeal the earlier provisions of the 1924 act ..... 'then a reference to the rodricks case : [1966]3scr885 was made and then the court observed : 'inthe case of an acquisition of a large area of land comprising several plots ..... provinces ..... and the like but also by having land acquired with the aid of the government where the board is of opinion that such land is required by it for the purposes of the act .....
Tag this Judgment!Court : Delhi
Reported in : 93(2001)DLT436
..... housing schemes in urban and rural areas under the supervision of local bodies which would be suitably strengthened within the constitutional framework to respondent to the diverse need of local population; sub para change to reorient the housing agencies at the central, state and level to act more as promoters of housing activity rather than builders of houses and to concentrate increasingly on the supply of developed land and infrastructure, extension of appropriate technology, assisting people to take up construction and upgradiation of houses, and disseminating information on housing ..... in a case where even according to doctrine of proportionality as part of the concept of judicial review would ensure that even on an aspect which is otherwise within the exclusive province of the authority if the decision is an outrageous defiance of logic then said decision would not be immune from correction. ..... is not the personal satisfaction of the president or the governor but the satisfaction of the president or governor in the constitutional sense in the cabinet system of government, that is, satisfaction of his council of ministers on whose aid and advice the president or the governor generally exercises all his powers ..... as under: '.....however, the possession of the remaining land measuring 492 bighas and due to stay orders granted by the hon'ble high court of delhi. ..... of the petitioners that notification under section 4 & 6 of the land acquisition act was issued on 4.4.1964 and 7.12.1966. .....
Tag this Judgment!Court : Delhi
Reported in : 1987(29)ELT753(Del); ILR1985Delhi164
..... these licenses have a further endorsement on the face of the license to the following effect :'this license is granted under the government of india order dated 17-9-1975 as subsequently amended issued under the import and export act, 1947 and is without prejudice to the application of any other prohibition or regulations affecting the importation of goods which may be in force at the time of their arrival. ..... the report states, there was an increase in imports following the liberalisation of import policyand a need for augmenting the local availability of certain mass consumption items which were in short supply......................subsequent quantities of edible oils had also to be imported to keep domestic prices under control. ..... it could not have been urged by the petitioner if he had filed an appeal that the appellate tribunal was bound by theearlier view of the central government dated 31/03/1981because being an independent quasi judicial body there was no compulsion on it to agree with the earlier view of central government. ..... in that context any attempt to avoid the order ofconfiscation even when the imported goods are found to havebeen imported contrary to the prohibition under the law by bringing to aid the plea of means rea, bonafide belief, genuine understanding of the import policy, are irrelevant and misconceived pleas, for the liability to confiscation on the finding of import being found to be' prohibited is absolute. ..... amin chand : [1966]1scr262. .....
Tag this Judgment!Court : Delhi
Reported in : 62(1996)DLT313
..... act, a permanent statute, was put on the statute book which by section 43 repealed the act of 1947 and by section 2 excluded from the scope of the protection of the act accommodation belonging to local bodies ..... appointment, delegation, notification, order, scheme, permission, rule, bye-law, regulation or form made, granted or issued) under any of the aforesaid acts, shall, so far as it is not inconsistent with the provisions of this act, continue in force and be deemed to have been done or taken under the provisions of this act unless and until it is superseded by anything done or any action taken under the said provisions; (c)all ..... act, or any [central act] or regulation made after the commencement of this act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not- (a)revive anything not in force or existing at the time at which the repeal takes effect; or (b)affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder; or (c)affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed ..... relating to the scheme framed under the united provinces town improvement act, 1919 and the same being in existence has contended ..... law breakers should with impunity try to take umbrage under cover of discrimination calling in aid, the pervasive and the most potent weapon in the hands of the courts against arbitrary action of any ..... 1966 .....
Tag this Judgment!Court : Delhi
Reported in : 1997VIAD(Delhi)753; AIR1998Delhi266; 4(1996)CLT513; [2000]100CompCas839(Delhi); 69(1997)DLT874
..... plaintiff requesting her to inform that probate has been obtained;(ix) letter dated july 22, 1966 (exhibit public witness 4/34) from the plaintiff to punjab national bank regarding open delivery;(x) letter dated august 8, 1966 (exhibit public witness 4/24) from punjab national bank to plaintiff, open delivery refused;(xi) letter dated september 15, 1966 (exhibit public witness 4/43) to the plaintiff that the request of the plaintiff is ..... approached the court of district judge for grant of probate/letters of administration under sections 276/278 of the indian succession act and the case was numbered as case no ..... which on the first day of september 1870, were subject to lieutenant governor of bengal or within the local limits of the ordinary original civil jurisdiction of the high courts of judicature of madras and bombay,and (b) to all such wills and codicils made out side those territories and limits as relate to immovable property situate within those territories or limits. ..... property or property which he knows or has reason to believe is evacuee propertyshall, as soon as may be but not later than such date as may be notified by the central government in the official gazette intimate to the custodian in writing his willingness to surrender such property to the custodian or to any person authorised by the custodian in this behalf and shall surrender the same if called upon by thethe custodian or any person authorised as aforesaid.'17. ..... his own or that or some body whom he can trust. .....
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