Court : Delhi
Reported in : 112(2004)DLT82; 2004(74)DRJ93; (2004)138PLR3
..... was a bhumidar of the agricultural land forming part of the subject matter of the present suit within the meaning of delhi land reforms act, 1954 which is a complete code in relation to such a property and, thereforee, the suit was barred under the provisions of section 185 of the said act; that such plea was raised in para no.2 of the written statement but it has not received the consideration of the learned single judge ..... this is based on two fold submissions, firstly that a license will be deemed to have come into existence after the expiry of the term of the lease on 31st august, 1999 and acting upon the said license and consent granted by the plaintiff-respondent, the appellants have made various structural changes in the suit property by executing works of permanent character at a heavy expense as a result ..... it is, thus, manifest that no such objection/plea either with regard to the jurisdiction of the civil court being barred by the provisions of delhi land reforms act on the premises that the land underneath the suit property is land within the meaning of said act or about the locus of the plaintiff-respondent to file the suit for possession, was pressed on behalf of the appellants-tenants and, thereforee, question of consideration of such plea ..... it was pleaded that the plaintiff being a bhumidar of the land in question underneath the suit property within the meaning of delhi land reforms act, 1954, the lease was not created in accordance with section 36 of the said act. .....
Tag this Judgment!Court : Delhi
..... of india and pakistan or on account of civil disturbances or the fear of such disturbances had left on or after the 1st day of march, 1947, any place now forming part of india, and who on the 7th day of may, 1954, was resident in pakistan: provided further that no notice under section 7 for declaring any property to be evacuee property with reference to clause (b) of the preceding proviso shall be issued after the expiry of six months from the ..... have filed the present writ petition for quashing the order dated 26th may, 1982 passed by the custodian general of evacuee property dismissing their revision petition under section 27 of the administration of evacuee property act, 1950 (hereinafter referred to as the evacuee act, 1950, for short) and upholding the order dated 14th february, 1980 passed by the assistant custodian (judicial), inter alia, holding that the property in their occupation bearing no. ..... we cannot agree with the learned judge that section 7a of the act applied to this case and that the vestment was bad because the property was declared evacuee after 7-5-1954, section 7 of the act does not apply to property which had already vested under state law and which under section 8 (2) is deemed to be evacuee property. ..... therefore, rather there is sufficient force in the contention of the learned counsels for the respondents that it is the merger of two properties in 1961-62 which led a sudden spurt in the rateable value from rs. 54/- to rs. .....
Tag this Judgment!Court : Delhi
Reported in : 97(2002)DLT99; 2002(63)DRJ482; 2003(1)SLJ19(Delhi)
..... section 11 of the waqf act, 1954 similarly state that 'the members of the board shall be appointed by the state government by ..... of the attack on the maintainability of the writ petition under article 226 by the appellant was that it being a trust registered under the bombay public trust act was managing the college where the respondents were employed was not amenable to writ jurisdiction of the high court. ..... case (supra) the hon'ble supreme court had, without any reference to section 16 of the general clauses act, arrived at the verdict that if a person had been appointed for political considerations he could be removed for ..... high court was of the opinion that the right to elect the chairman or vice-chairman was created by the act itself, and, thereforee, the right was subject only to any condition laid down in the statute itself. ..... in hindurao's case (supra) the question that had arisen was whether, in the absence of any provision in the act and the bye-laws of the society, the managing committee could pass a resolution of no confidence against the duly elected chairman and vice-chairman ..... also does so, albeit with some adaptation necessary because of the partial merger of legislative and executive powers that is the fulcrum of a parliamentary ..... (1976)illj274sc it was submitted before the constitution bench that an award under section 10-a of the industrial disputes act, 1947 savours of a private arbitration and was not amenable to correction under article 226 of the constitution. .....
Tag this Judgment!Court : Delhi
Reported in : LC2010(2)14
..... holding that there was sufficient similarity which might result in confusion in respect of sale of watches, dismissed the action of infringement on the ground that defendant was entitled to protection accorded under section 8 of the trade marks act, 1938; and in so far as plaintiffs' action for passing off is concerned the same was rejected on the ground that there had been honest user by the defendant of the 'maker's own name' ..... therefore, the use of the word 'low absorb technology' is justified.3.2 in this regard, reference is made to section 35 of the trade marks act, 1999 (hereinafter referred to as 'trade mark act') which, according to the defendant, permits use of the words or expression which are descriptive of the character and quality of goods and services even against the proprietor of a registered trade ..... particular, a reference is made in this regard to the order dated 23.07.2002 passed by the commission on an application for grant of interim injunction filed by the defendant under section 12a of the monopolies and restrictive trade practices act, 1969 (hereinafter referred to as 'mrtp act').3 defendant's case3.1 the defendant, on the other hand, has refuted the case set up by the plaintiff. ..... more absorption properties is universally prevalent, a fact which is evident from a bare perusal of the provisions of rule 26a of the prevention of food adulteration rules 1955 (in short 'pfa rules') framed under the prevention of food adulteration act, 1954 (in short the 'pfa act'). .....
Tag this Judgment!Court : Delhi
..... (2) scc 601.the supreme court was considering section 40(3) of the displaced persons (compensation and rehabilitation) act, 1954 which was as under:(3) every rule made under this section shall be laid as soon as may be after it is made before each house of parliament while it is in session for a period of thirty days which may be comprised ..... state of gujarat and another: air 196.sc 385.the constitution bench was considering the provisions of section 26(5) of the bombay agricultural produce markets act (22 of 1939), which required that the rules made under section 26 of that act shall be laid before each of the houses of the provincial legislature at the session thereof next following and shall be liable to be modified or rescinded by a resolution in which both houses concur and such ..... the said provision stipulates that the academic council shall be the academic body of the university and shall, subject to the provisions of the said act, the statutes and the ordinances, have the control and general regulation and be responsible for the maintenance of the standards of instructions, education and examination within the ..... state of rajasthan: air 195.sc 467.in that case, the supreme court was concerned with the question of validity of the jaipur opium act, 1924, which was purportedly enacted by a council of ministers to look after the government and administration of the princely state of jaipur ..... after merger ..... the recommendations of the dean, faculty of science regarding merger of b.sc. .....
Tag this Judgment!Court : Delhi
..... (2) scc 601.the supreme court was considering section 40(3) of the displaced persons (compensation and rehabilitation) act, 1954 which was as under:(3) every rule made under this section shall be laid as soon as may be after it is made before each house of parliament while it is in session for a period of thirty days which may be comprised ..... state of gujarat and another: air 196.sc 385.the constitution bench was considering the provisions of section 26(5) of the bombay agricultural produce markets act (22 of 1939), which required that the rules made under section 26 of that act shall be laid before each of the houses of the provincial legislature at the session thereof next following and shall be liable to be modified or rescinded by a resolution in which both houses concur and such ..... the said provision stipulates that the academic council shall be the academic body of the university and shall, subject to the provisions of the said act, the statutes and the ordinances, have the control and general regulation and be responsible for the maintenance of the standards of instructions, education and examination within the ..... state of rajasthan: air 195.sc 467.in that case, the supreme court was concerned with the question of validity of the jaipur opium act, 1924, which was purportedly enacted by a council of ministers to look after the government and administration of the princely state of jaipur ..... after merger ..... the recommendations of the dean, faculty of science regarding merger of b.sc. .....
Tag this Judgment!Court : Delhi
..... (vii) m/s naval stores corporation and m/s dujodwala industries were both located at 814-815, tulsiani chambers, 212, nariman point, mumbai, (viii) there had never been any amalgamation/merger of m/s naval stores corporation, or m/s dujodwala industries, with the petitioner, and (ix) no partner, in either of the said firms, was in any way concerned with the petitioner-company.21. ..... his place; however, notice of challan, dated 30th may 1981, issued, inter alia, to the petitioner and m/s dujodwala industries, by the labour officer under the shops and establishments act, 1954, showed inderpal to be working with the petitioner. ..... of section 137 of the delhi land reforms act, 1954 may, pertinently, be reproduced as under: 137 ..... (c) no.14502/2004 page 35 of 42 rationalized only on grounds of public policy, for example to justify setting aside a public act such as a judgment, which is in no sense consensual, a jurisdiction which has existed since at least 1775: duchess of kingston s case (1776) 2 smith s lc ( ..... sub divisional magistrate to m/s dujodwala industries, 12th floor, vijaya building, 17, barakhamba road, new delhi-1 (which, importantly, is the address of the petitioner), under section 137 of the delhi land reforms act, 1954. ..... as a passing caveat, the affidavit pleads that under the provisions of revenue recovery act the answering respondent is bound to execute the rrc received from the authority competent to issue and recover the amount as per the law without going into the merits of .....
Tag this Judgment!Court : Delhi
..... reference in this regard was made to order 32a rule (2) of the code of civil procedure, 1908 (in short cpc); section 22 of the hindu marriage act, 1955; section 43 of the parsi marriage and divorce act, 1936; section 33 of the special marriage act, 1954; section 11 of the family courts act, 1984; section 16 of the protection of women from domestic violence act, 2005; section 22 (eeee) of the mental health act, 1987; section 237(2) of the cr.p.c. ..... , 2012; section 46 of the youth justice and criminal evidence act, 1999; section 8(1)(d) of the court suppression and non-publication orders act, 2010 no.106 of new south wales; article 68 of the rome statute of the international criminal court ..... behalf was placed on the sexual offences (amendment) act, 1992; youth justice and criminal evidence act, 1999; sexual offences act, 2003 which amended section (2) of the sexual offences (amendment) act, 1992 whereby the array of offences in respect of protection of the identity of the victim was widened; section 41 of the criminal procedure and investigation act, 1996; judicial proceedings (regulation of reports) act, 1926; section 8 and 8c of the magistrate courts act 1980; part 16 of the criminal procedure rules .....
Tag this Judgment!Court : Delhi
..... india (2002) 9 scc218 in that case, an interim order had been passed by the supreme court on 24th september 2002 pursuant to which section 13a was added to the supreme court judges (salaries and conditions) of service act, 1958 ( scj act ) stating that a period of 10 years shall be added to the service of a judge who qualified for appointment as such under article 124 (3) (b) of the constitution, for the purposes of his pension. ..... five or sixty- two years, as the case may be, whichever is earlier may, if eligible in terms of section 8 as amended by the administrative tribunals (amendment) act, 2006 be considered for a fresh appointment in accordance with the selection procedure laid down for such appointments subject to the condition that the total term in office of the chairman shall not exceed five years ..... and member of a tribunal appointed before the commencement of the administrative tribunals (amendment) act, 2006 shall continue to be governed by the provisions of the act, and the rules made thereunder as if the administrative tribunals (amendment) act, 2006 had not come into force: provided that, however, such chairman and the members appointed before the coming into force of administrative tribunals (amendment) act, 2006 , may on completion of their term or attainment of the age of sixty- ..... was fixed as per part iii of the first schedule to the high court judges conditions of services act, 1954 ( hcj act ). .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1985)(22)ELT844TriDel
..... in a pharmacopoeia formulary or other publications notified in this behalf by the central government in the official gazette, or which is a brand name, that is, a name or a registered trade mark under the trade and merchandise marks act, 1958 (43 of 1958), or any other mark such as a symbol, monogram, label, signature or invented words or any writing which is used in relation to that medicine for the purpose of indicating or so as to indicate ..... not been mentioned, processed and manufactured exclusively in accordance with the formulae described in the authoritative books of ayurvedic system of medicines specified in the first schedule to the said act, but all other ingredients find mentioned in the authoritative books of ayurved system of medicines specified in the first schedule and as such 'dant manjans' which are compound of ..... in a pharmacopoeia formulary or other publications notified in this behalf by the central government in the official gazette, or which is a brand name, that is, a name or a registered trade mark under the trade and merchandise marks act, 1958 (43 of 1958) or any other mark such as a symbol, monogram, label, signature or invented words or any writing which is used in relation to that medicine for the purpose of indicating or so as to ..... of the customs authority which had interpreted the word "food" occurring in item 21(2) of the schedule to the indian tariff act, 1934 in the light of the definition of the word "food" in the food adulteration act, 1954.69. .....
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