Court : Delhi
..... sen drew pointed attention to the earlier affidavits filed on behalf of bharat coking coal limited and commented severely on the alleged contradictory reasons given therein for the exclusion of certain coke oven plants from the coking coal mines (nationalisation) act. but, in the ultimate analysis, we are not really to concern ourselves with ..... intended an excess of jurisdiction. in sanjeev coke mfg. co. v. bharat coking coal ltd. the constitution bench speaking through chinnappa reddy, j., had observed, in the context of interpretation of the provisions of the coking coal mines (nationalisation) act, 1972 that the court is not concerned with the statements made in the affidavits ..... the state, as if it was filling the seats available to be filled up at its discretion in such private institutions. this would amount to nationalisation of seats which has been specifically disapproved in pai foundation [(2002) 8 scc481 . such imposition of quota of state seats or enforcing reservation policy .....
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..... that both the provisos to sub-section (1) were inserted in the code of criminal procedure by the death sentence reference no.6/2013, criminal law (amendment) act, 2013 (act no.13 of 2013) with effect from 03.02.2013 and the charge sheet in the instant case was filed on 03.01.2013. therefore, the provisos to ..... cannot be interpreted to mean that the said statement was not an authentic one. in any event, the provision for videography was inserted by the criminal law (amendment) act, 2013 (act no.13 of 2013) with effect from 03.02.2013 in the proviso to the newly added sub-section 5(a) of section 164 and hithertobefore, i.e ..... and contrary to the rules. it was further observed that : xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx we are also satisfied that rule 12 of the rules which was brought in pursuance of the act describes four categories of evidence which have been provided in which preference has been given to school certificate over the medical report. 152. the learned sessions court was .....
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..... / plaintiffs pursuant to the lease agreement dated 08.04.1986 simultaneously upon receipt of balance sale consideration.17. section 53a of the transfer of property act provides that where any person contracts to transfer for consideration any immoveable property by writing signed by him or on his behalf from which the terms necessary ..... of the appellant/defendant. accordingly, finding the appellant/defendant to have admitted the relationship of landlord and tenant, the premises being outside the ambit of the rent act and determination of tenancy, a decree for ejectment on admissions, has been passed.9. the senior counsel for the appellant has argued: (aa) that the ..... defendant to the respondents/plaintiffs was of rs.32,199/per month besides hire charges; thus the premises were outside the ambit of the delhi rent control act, 1958; (viii) that the appellant/defendant in admission/denial of documents had admitted the notice of termination, though denied the contents thereof; similarly the .....
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..... matter of routine. undoubtedly, the high court possesses inherent powers under section 482 of the code of criminal procedure. these inherent powers of the high court are meant to act ex debito justitiae to do real and substantial justice, for the administration of which alone it exists, or to prevent abuse of the process of the court. inherent ..... contents of the remarks made by the accused in the said e-mail dated 30th july, 2010 were reproduced as follows: further t.s. kashyap dismissal of the 2005 hma, 24 application in the lower court was timed with kaul s impending upholding of the mutual consent divorce in the high court in 2006. at that time i was ..... and accused was being heard by the court of sh. t.s. kashyap, learned additional district judge wherein accused filed an application under section 24 of the hindu marriage act, 1955 for grant of maintenance which was dismissed vide order dated 31 st july, 2006. after the marriage of the accused with the complainant, accused has been making .....
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..... only after making an enquiry, wherein an opportunity of hearing is to be given to the representative of the political party, the election commission is required to act judicially. xxxxx wp (c) 4870/12 xxxxx xxxxx xxxxx 40. the provisions of sections 9, 10 and 11 clearly indicate that the lokayukta and upa-lokayukta ..... before legislative assembly. (7) wp (c) 4870/12 the lokayukta and the upalokayukta shall present annually a consolidated report on the performance of their functions under this act, to the lieutenant governor. subject to the provisions of section 10, the lokayukta may at his discretion make available from time to time, the substance of cases ..... an allegation made against the public functionary in relation to whom either the president or the lt. governor is the competent authority. section 9 of the said act makes provisions relating to complaints. section 10 provides that the lokayukta or the upalokayukta, shall, in each case before it, decide the procedure to be followed .....
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..... to the amendment effected thereafter to the pecuniary jurisdiction of this court. it was the parliament which legislated on the matter thereafter and enacted the delhi high court amendment act (act 35 of 2003) effective from 16th july, 2003 increasing the original civil pecuniary jurisdiction of this court to suits the value of which exceeds rs.20,00,000/-. ..... 680. as back as in the 1980s, krishna iyer, j.in 1980 supp scc w.p.(c)no.4770/2012 page 392 of 531 471, central coal fields ltd. v jaiswal coal co., had categorically also observed that effective access to justice is one of the basic requirements of a system and high amount of court fee may amount to ..... 2012 and that two copies of the bill were enclosed.106. the respondents further inform that on the 4th of july, 2012, the court fee (delhi amendment) act, 2012 (delhi act 11 of 2012) received presidential assent and was brought into force by notification dated 31st july, 2012 issued by the lieutenant governor.107. it is now necessary to .....
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..... to the amendment effected thereafter to the pecuniary jurisdiction of this court. it was the parliament which legislated on the matter thereafter and enacted the delhi high court amendment act (act 35 of 2003) effective from 16th july, 2003 increasing the original civil pecuniary jurisdiction of this court to suits the value of which exceeds rs.20,00,000/-. ..... 680. as back as in the 1980s, krishna iyer, j.in 1980 supp scc w.p.(c)no.4770/2012 page 392 of 531 471, central coal fields ltd. v jaiswal coal co., had categorically also observed that effective access to justice is one of the basic requirements of a system and high amount of court fee may amount to ..... 2012 and that two copies of the bill were enclosed.106. the respondents further inform that on the 4th of july, 2012, the court fee (delhi amendment) act, 2012 (delhi act 11 of 2012) received presidential assent and was brought into force by notification dated 31st july, 2012 issued by the lieutenant governor.107. it is now necessary to .....
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..... 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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..... 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 .....
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..... 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 .....
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