Court : Delhi
..... to it together, and does not visualize a situation where the chairman can constitute benches. it was submitted that the provisions of section 73 of the act and regulation 35 of the vat tribunal regulations, 2005 (hereafter the regulations) visualised situations where the tribunal could only function with the participation of all ..... of the government, the appellate tribunal shall, for the purpose of regulating its procedure and disposal of its business, make regulations consistent with the provisions of this act and the rules made thereunder. (7) the regulations made under sub-section (6) shall be published in the official gazette. (8) the appellate tribunal ..... these courts which are instrumentalities of government, are invested with the judicial power of the state, and their authority is derived from the constitution or some act of legislature constituting them. their number is ordinarily fixed and they are ordinarily permanent, and can try any suit or cause within their jurisdiction. their .....
Tag this Judgment!Court : Delhi
..... to the seven interception orders mentioned above. according to the petitioner, the interception orders were passed purportedly under section 5(2) of the said telegraph act, which provision itself is unconstitutional and, as a consequence thereof, the interception orders are void. it is further the case of the petitioner that the ..... superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction. this jurisdiction cannot be limited or fettered by any act of the state legislature. the supervisory jurisdiction extends to keeping the subordinate tribunals within the limits of their authority and to seeing that they obey ..... or oral communication. chapter v governing the procedure for interception and admission of the intercepted communications presupposes that there is an investigation of a terrorist act under pota which has been set in motion. it is not in dispute that the procedural requirements of chapter v have not been complied with .....
Tag this Judgment!Court : Delhi
..... proposed accused had committed offences of extortion, cheating, forgery and criminal intimidation. it was also his grievance that the accused persons had been moving applications under the right to information act in his name by forging his signatures and that even the police officials, who had failed to take any action, were in collusion with the persons arrayed as accused in ..... of offences of cheating and forgery of documents etc. it was submitted that the respondent no.2 and his father had been filing forged applications under the right to information act purporting to be on behalf of his clients to gather certain confidential informations and then had been black-mailing them to extort money and similarly the complainant had been blackmailing .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... necessary implication, such provisions must be construed as mandatory. the legislative command must take precedence over equitable principle. the language of section 16 of the ngt act does not admit of any ambiguity, rather it is explicitly clear that the framers of law did not desire to vest the tribunal with powers, specific ..... an appeal against the decision or order of the tribunal and proviso to section 125 will become nugatory. 23. section 34 of the arbitration and conciliation act, 1996 uses the expression not thereafter while the provision under our consideration uses the terms not exceeding. both these expressions use negative language. the intention is ..... or processes or class of industries, operations and processes shall not be carried out or shall be carried out subject to certain safeguards under the environment (protection) act, 1986; ********* may, within a period of thirty days from the date on which the order or decision or direction or determination is communicated to him, .....
Tag this Judgment!Court : Delhi
..... proceeding against the accused or not.66) however, where the commission of offence is disclosed based on the documents under various statutes, such as companies act, negotiable instruments act, or where the filing of a complaint in writing has been made as a pre-requisite in various statutes, or where the offence is purely of ..... a media conglomerate like zee on the other , with the former claiming that the zee group attempted to extort money for airing stories against his company in coal block allocation, and the latter accroaching that jindal steel and power limited with sordid designs tried to defame the respondent no. 2/ sudhir chaudhary, editor, zee ..... the petitioner to challenge the impugned order passed by the learned metropolitan magistrate at the pre-summoning stage. learned senior counsel submitted that under the indian companies act 1956 management of the company vests with the board of the company and in a criminal complaint, in the absence of vicarious liability, one must know .....
Tag this Judgment!Court : Delhi
..... our view, the exclusion of the high court under section 341 of the new code, does not exclude provisions of appeal if otherwise available under other acts, special acts and local laws. section 100a11 of the cpc illustrates this point in no uncertain terms. section 100a expressly excludes the applicability of the appeal provisions contained ..... a canal. the appellants not being satisfied with the compensation granted by the land acquisition officer; filed a reference under section 18 of the land acquisition act, 1894. the reference court granted a substantial enhancement. couple of years later, some persons who were residing in the same locality brought to the notice ..... not permissible to be done". in other words, a letters patent appeal would be excluded by application of one of the general principles that where the special act sets out a self-contained code the applicability of the general law procedure would be impliedly excluded.... (emphasis supplied) 18. therefore, the question is: as .....
Tag this Judgment!Court : Delhi
..... the nature of the risk to the security of the witness, the value of the evidence and the importance in the matter. the australian witness protection act, 1994 establishes the national witness protection program in which (amongst others) the commissioner of the australian federal police arranges or provides protection and other assistance for ..... and assets etc. [section 7]. the commissioner has the sole responsibility of deciding whether to include a witness in the program.110. the witness protection act, 1998 of south africa provides for the establishment of an office called the office for witness protection within the department of justice. the director of this ..... reason, the judiciary must step in, in exercise of its constitutional obligations under the aforesaid provisions to provide a solution till such time as the legislature acts to perform its role by enacting proper legislation to cover the field. the other instances where the court issued directions to fill a legislative or policy .....
Tag this Judgment!Court : Delhi
..... others, but when the transaction could not be completed, it was sought to be refunded through cheque which got bounced. litigation under section 138 n.i. act being initiated by the petitioner, police had hardly any role to play in that dispute. subsequent disputes between the petitioner and his son-in-law with naveen ..... registration of a case against shri r.p.malik former executive magistrate and chairman of lovely public school, secondary school, priyardarshini vihar, delhi110092, under prevention of corruption act. sir/madam, a case was registered with shakarpur police station vide f.i.r. no.187/2000 under section 323/341/506 ipc on the complaint of shri ..... connection with investigation and chargesheet of this fir that the complainant acp rajeev ranjan was allegedly approached by the petitioner and offence under section 12 of p.c. act was allegedly committed, resulting into registration of fir no.60/2000 at acb, delhi at the instance of rajeev ranjan against the present petitioner.16. the .....
Tag this Judgment!Court : Delhi
..... not private in nature and have serious impact on society. similarly, any compromise between the victim and offender in relation to the offences under special statutes like prevention of corruption act or the offences committed by public servants while working in that capacity etc; cannot provide for any basis for quashing criminal proceedings involving such offences. but the criminal cases having ..... therefore, the present petition cannot be held maintainable in the eyes of law. it is a settled legal position that there is no prescribed period of limitation under the limitation act for invoking the inherent powers of this court. nothing can prevent the high court from exercising its extraordinary powers under section 482 cr.p.c in imparting justice. dealing with .....
Tag this Judgment!Court : Delhi
..... there was a possibility of another view. the prosecution must prove its case beyond any reasonable doubt. such is not the burden on the accused. the high court has acted on certain legal and factual presumptions which cannot be sustained on the basis of the record before us and the principle of laws afore-noticed. the case of the prosecution ..... also stated that he was looking for her. the trial court has rightly observed that it would be difficult to imagine that a person, who commits such a horrific act would remain present at his house. we also agree with the trial court that finding of semen on the underwear of the respondent does not conclude that he had ..... of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused.9. while deciding the present leave to appeal, the aforestated principles culled out by the apex court are to be kept in .....
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