Court : Delhi
Reported in : 1991CriLJ669; 42(1990)DLT186; 1990(19)DRJ121
..... , makes the criminal conspiracy as a substantive offence which offence postulates an agreement between two or more persons to do or cause to be done an illegal act or an act which is not illegal by illegal means and the same differs from other offences, in that mere agreement is made an offence even if no step is ..... all these facts coming out from the.statements of the said three witnesses, an irresistible inference can be drawn that conspiracy had already taken place inasmuch as all these acts were being performed in pursuance to the conspiracy. (11) the learned counsel for the respondent on' the other hand, has read out the statements of these three ..... branch manager and thereafter area manager and then head office, how could any inference be drawn that s. jaggi was party to the conspiracy and bad done any act in pursuance to any alleged conspiracy. the learned metropolitan magistrate from paras 265 to 272 has given out detailed reasons for coming to the conclusion that from the evidence .....
Tag this Judgment!Court : Delhi
Reported in : [1991]71CompCas669(Delhi)
..... entitled to be relieved of the alleged liabilities and defaults for which the prosecutions have been launched against him under sections 159, 210 and 220 of the act.34. under the facts and circumstances of the case, the petitioner is hereby relieved from the aforesaid liabilities/defaults for which the complaints have been filed under ..... continuing ones.22. in the present case, the period of limitation for filing the complaints for the offences/defaults under sections 159, 210 and 220 of the act is six months because, under section 467of the criminal procedure code, these offences are punishable with fine only.23. sections 467, 468, 469 and 473 of the criminal procedure code read ..... petition no. 133 of 1989, s.p. punj v. registrar of companies . in that case, the petitioners filed a petition under section 633(2) of the act for being relieved from prosecution for then alleged liability for non-filing of returns, under rule 10 of the companies (acceptance of deposits) rules, 1975. the petition .....
Tag this Judgment!Court : Delhi
Reported in : AIR1991Delhi302; 43(1991)DLT601a
..... own the property in question. it was held that the company was a separate legal entity, and u/s. 5(1) of the coal mines nationalisation act, the right, title and interest in a national coal -mine vested, by directions of the central government, in the company. it is for this reason that the land and building was not to be ..... regarded as the property of the central government. it was held that the property vested with the company and it stood transferred to it after the nationalisation of the coal fields. 348 ..... which is similar to the provisions of the international airports authority act and came to the-conclusion that the income belonged to the corporation, which was a separate juristic entity. the decision of the supreme court in the case of western coal fields ltd. : [1982]2scr1 (supra) is, however, more apposite. property tax was sought to .....
Tag this Judgment!Court : Delhi
Reported in : 1993CriLJ3214; 1992(2)Crimes86; 47(1992)DLT152; 1992(23)DRJ39; ILR1992Delhi1228; 1992RLR192
..... abscond. similarly persons who have already left the country without the knowledge of any action to be taken against them under the act, but who continue to remain outside the country with a view to avoid any detention order that may be passed under s. ..... order of detention, or that the place of detention of such person is outside the said limits. under section 7 of the act, appropriate government having reason to believe that a person in respect of whom a detention order has been made has absconded or is ..... asked for a copy of the first information report, and that sections 10(3)(e) and 10(3)(h) of the passport act neither envisage the prevention of exit of a citizen who is already outside the country, and had been outside the country for a ..... ipc read with sections 161, 161, 163, 164 and 165a, ipc read with sections 5, 5(1)(c), 5 of the prevention of corruption act, 1947, read with sections 409, 420, 468 and 471, ipc, and also for the substantive offences, and the investigation of the case was .....
Tag this Judgment!Court : Delhi
Reported in : 48(1992)DLT140; 1992(1)DRJ24
..... alia, held that the request for mutual judicial assistance prevented by india does not, in its form, satisfy the requirement of article 28 of the federal act on international mutual assistance in criminal matters (for short called (imac). in view of this the order of admissibility of mutual judicial assistance passed by the ..... petitioner.(52) the learned counsel further submitted that the enquiry conducted in panama revealed that svenska inc was managed by a lady advocate who was also acting as the local representative of the company. initially jose antonio valdes dutary was the president of the company but later ms. carmen fernandez de pyrex was ..... and police/executive authority has to satisfy the magistrate before further custody can be allowed. in exercising jurisdiction under section 167 criminal procedure code ., the magistrate does not act mechanically, he has to apply his mind to all facts and circumstances before passing his orders. in the case of re. madhu p:'6 limeye and others .....
Tag this Judgment!Court : Delhi
Reported in : 49(1993)DLT292; 1993(25)DRJ104
..... to a standstill.'(42) the learned counsel for the petitioners submits that these observations of the supreme court clearly imply that once the commissions of inquiry act had been enacted the government lost its right to issue any administrative directions requiring an inquiry to be conducted into definite matters of public importance. we ..... or to require any individual officer to examine the facts and give an administrative report is not ousted. on the contrary section ii of the said act gives legislative recognition to the existence of authorities which have been constituted to make inquiries into definite matters of public importance by administrative powers and were ..... officers against whom charges were to be framed. the committee, thereforee, was not meant to be a commission of inquiry constituted under the commissions of inquiry act. (20) if the contention of the learned counsel for the petitioners is accepted that whenever there is a definite matter of public importance then only a .....
Tag this Judgment!Court : Delhi
Reported in : 50(1993)DLT117; 1993(25)DRJ605
..... had yet been accepted. he said in the case of indiantelecom pvt. ltd. which was successful for delhi it had said that it would like to act asa single operator which was deliberate statement and at variance with the compliance statement. yet on minister of state for communication's intervention the tender documentwas ..... very first main object is 'to design, develop, fabricate,manufacture, assemble, export from and import into india, buy, sell or otherwise deal in and to act as consultants and render services in connection with all kinds of telecommunication equipments,....' it will certainly include cellular telephones. we also do not find any error on ..... an employee of the appellant company, was appointed as competent officer of the appellant under the petroleum and minerals pipeline(acquisition of right of user in land) act, 1962, for award of compensation. her appointment was challenged on the ground that she being an employee of the corporation was biased against the petitioner (now .....
Tag this Judgment!Court : Delhi
Reported in : 51(1993)DLT624
..... be achieved is, that truth may be made known about the definite matter of public importance after inquiry by the commission. the commissions of inquiry act is an act to provide for the appointment of commissions of inquiry and for vesting such commissions with certain powers. the commissions of inquiry are appointed under section ..... 'in my opinion, the jurisdiction under the code of criminal procedure possessed by the courts and the jurisdiction of the commission under the commissions of inquiry act are two independent jurisdictions and the exercise of the same would be within their respective domain or sphere and the two jurisdictions may continue to function in ..... evidence. he submitted that the proceedings of the commission may be conducted keeping equally in view the provisions of the terrorist and disruptive activities (prevention) act. proceedings may be in camera under the regulations of procedure framed by this commission he pointed out that there may be difficulties if the trial by .....
Tag this Judgment!Court : Delhi
Reported in : 1994IIAD(Delhi)445; 1994CriLJ2502; 54(1994)DLT380; 1994(29)DRJ407
..... mitter, j. in sirajuddin v. state of madras : 1971crilj523 in the following words :- 'before a public servant whatever be his status, is publicly charged with acts of dishonesty which amount to serious misdemeanour or misconduct of the type alleged in this case and a first information is lodged against him, there must be some suitable ..... joshi, : 1964crilj140 noticed by the supreme court in the aforequoted passages. in these decisions while dealing with the cases of public servant under prevention of corruption act the supreme court held that before registering a case against a public servant which may do incalculable harm not only to him but also to the department he ..... such allegations are made. we may notice that as regards public servants, the provisions of section 197 of the code and section 19 of prevention of corruption act, 1988, provide ample safeguards as cognizance of offence in those cases cannot be taken by court without previous sanction of the government. it was also pointed .....
Tag this Judgment!Court : Delhi
Reported in : [1995(71)FLR535]; ILR1995Delhi529
..... labour court. 13. he further placed reliance on the decision of andhra pradesh high court in the case of m. h. prasad & ors. v. the superintendent of mines, agnigundala lead project (hindustan zinc ltd.) bandalamottu & anr. 1989 11 clr 384, where it has been held that when the service of an employee are terminated or ..... kamgar union case (supra) the challenge was on the ground of violation of settlement arrived at between the management and the workman. it was directly covered under the act. thereforee, the labour court was considered to be the proper forum. in kamal kishore lakshman case (supra) supreme court was dealing with a petitioner who had ..... adjudication of an industrial dispute relating to any matter specified in the second schedule the labour court will have the jurisdiction. sub section 1 of section 7 of the act says :- 'section 7(1) - the appropriate government may, by notification in the official gazette, constitute one or more labour courts of the adjudication of industrial .....
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