Court : Delhi
Reported in : (2008)IIILLJ322Del
..... cause notice are extracted below:a) that on 1-12-99 while i was going to duty i met with minor accident and to my misfortune a colleague of mine gave me little brandy to provide me a little stimulation to go to my home.b) that while i talking to my colleagues, in this regard my tongue was ..... accepted for simple reason that term 'conviction' includes imposition of fine and/or imprisonment. it is undisputed fact that applicant was punished under section 180 of the indian railways act, 1989. section 145 deals with offence committed by any person including a railway servant under influence of liquor as well as for nuisance. section 180 deals with arrest of ..... or nuisance - if any person in any railway carriage or upon any part of a railway-(a) is in a state of intoxication; or (b) commits any nuisance or act of indecency or uses abusive or obscene language; or (c) willfully or without excuse interferes with any amenity provided by the railway administration so as to affect the comfortable travel .....
Tag this Judgment!Court : Delhi
Reported in : 147(2008)DLT293
..... against the summoning order dated 18th july, 2001 passed by the learned metropolitan magistrate, new delhi ('mm') summoning the petitioners under section 138 of the negotiable instrument act, 1881 ('ni act') in complaint case no. 639/1999 filed by the respondent nos. 2 and 3. by the impugned order, the learned mm after perusing the complaint, ..... neelam sharma is concerned. consequently, the criminal complaint no. 639/1999 against petitioner no. 2 smt. neelam sharma for the offence under section 138 of the ni act is hereby quashed.(ii) no fault can be found with the order dated 19th july 2005 passed by the learned asj rejecting the preliminary objection as to the ..... . neelam sharma is concerned. consequently, the criminal complaint no. 639/1999 against petitioner no. 2 smt. neelam sharma for the offence under section 138 of the ni act is hereby quashed. criminal mc no. 639 of 2005 is accordingly allowed with no order as to costs. the pending application also stands disposed of.criminal mc nos .....
Tag this Judgment!Court : Delhi
Reported in : 2007(122)ECC121; 2007(148)LC121(Delhi); 2008(222)ELT161(Del)
..... calcutta and the manufacturers were fully protected by the interim orders.55. the petitioners have approached the designated authority in april 2002 under the customs tariff act, 1975 for investigation into their allegations of dumping. such complaint was disposed of by the order dated 27th august, 2003 passed by the designated ..... countervailing duties and safeguard measures. member countries of the world trade organisation were party to this agreement. the legislature effected statutory amendments to the customs tariff act, 1973 which were effectuated with effect from 1st january, 1995 to bring the statute in line with the provisions of article 6 of gatt, 1994. dumping ..... challenge to the order dated 27th august, 2003 passed by the designated authority in exercise of its powers under section 14(b) of the customs tariff act, 1995 and customs tariff (identification, assessment and collection of anti dumping duty on dumped article and for determination of injury) rules, 1995 whereby the .....
Tag this Judgment!Court : Delhi
Reported in : 2007(98)DRJ288
..... cognizance of an offence on the complaint after examining upon oath the complainant and the witnesses present:(b) when the complaint is made in writing by a public servant acting or purporting to act in discharge of his official duties, the magistrate need not examine the complainant and the witnesses;(c) in such case court may issue process or dismiss the complaint .....
Tag this Judgment!Court : Delhi
Reported in : 140(2007)DLT765; 2007(95)DRJ683
..... his possession was unsettled because he was challenged the moment he trespassed into the property. mcd could have resisted the trespass by use of even reasonable force. act of re-entry by mcd would have been lawful. i repeat litigious possession cannot create settled possession. 103. having lost the battle before the revenue authorities ..... by the revenue assistant. said order has attained finality. petitioner managed to retain possession under strength of interim orders. ejectment proceedings under the delhi land reforms act 1954 have attained finality, but warrant of possession could not be executed as petitioner had an interim stay in the suit. the said suit has since ..... the plaintiff constitutes the cause of action. thus, the cause of action for a trespasser, to maintain an action under section 6 of the specific relief act must consists of averments in the plaint which, if traversed, on being proved by evidence establish and prove the four requirements of settled possession as explained .....
Tag this Judgment!Court : Delhi
Reported in : (2007)IILLJ772Del
..... recall or review sought was not a procedural review, but a review on merits. such a review was not permissible in the absence of a provision in the act conferring the power of review on the tribunal either expressly or by necessary implication.10. supreme court has categorically laid down that review of its own order by ..... and reverse the same without any basis. it has no power to review its own order. section 7l of the employees' provident funds and miscellaneous provisions act, 1952 (for short 'the act') which confers power on the appellate tribunal to correct mistakes, cannot be used to review its own order by the epf appellate tribunal.5. the ..... to the petitioner to show cause as to why the order dated october 3, 1997 be not reviewed and petition be dismissed because in fact the delhi education act has no provident fund scheme regarding recognised unaided school.4. the petitioner raised a preliminary objection stating that there were no typographical errors and the epf appellate tribunal .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (2007)293ITR68(Delhi)
..... any managerial, technical or consultancy services (including the provision of services of technical or other personnel) but does not include consideration for any construction, assembly, mining or like project undertaken by the recipient or consideration which would be income of the recipient chargeable under the head 'salaries'.41. as is evident from sub ..... rendered entirely outside india on a global basis and the provision of reservation facility and accordingly, the same cannot be regarded as 'royalty' under the it act. 2(c) that without prejudice to the above, even otherwise the learned cit(a) fell in error in not appreciating that since there existed a ..... department while giving approval to a particular agreement examines that agreement from its own angle and within the mandate provided to that authority under the particular acts or rules and, therefore, such approval does not preclude the other departments from examining the nature of payment under the relevant statute. he, therefore, .....
Tag this Judgment!Court : Delhi
Reported in : [2008]87SCL51(Delhi)
..... air1977sc1691 , the supreme court had an occasion to consider a challenge to second notice under the mineral concession rules, 1960, rule 27 (5) when the mining lease already stood cancelled after failure to comply with such earlier notice. the petitioner had set up a plea of contravention of principles of natural justice. observing ..... is also to prevent frivolous petitions against public trusts by persons having no real interest in its affairs. the court held that the advocate general acted as a statutory administrative authority while considering such an application; that grant of the application does not prejudicially effect persons who were proposed to be ..... all the contentions raised by the company and held that while passing orders on an application under section 399(4) of the companies act, 1956, the authorities are acting in discharge of executive and administrative functions, which consideration is based on their subjective satisfaction.35. this judgment of the learned single judge .....
Tag this Judgment!Court : Delhi
Reported in : 130(2006)DLT490; 2006(90)DRJ543
..... the legislature had purposely thought it fit to employ only the word 'information' without qualifying the said word. section 139 of the code of criminal procedure of 1861 (act 25 of 1861) passed by the legislative council of india read that 'every complaint or information' preferred to an officer in charge of a police station should be ..... reduced into writing which provision was subsequently modified by section 112 of the code of 1872 (act 10 of 1872) which thereafter read that 'every complaint' preferred to an officer in charge of a police station shall be reduced in writing. the word 'complaint' ..... in the country. such a situation may play havoc more particularly so when the matter is left in the hands of unscrupulous police officer(s) who are not acting bona fide or who fail to approach the matter with the desired objectivity and sensitivity as may be required in the matter.14. this court can take judicial .....
Tag this Judgment!Court : Delhi
Reported in : 113(2004)DLT488; 2004(76)DRJ74; [2005(104)FLR8]; (2004)IIILLJ1123Del
..... decided, de-hors the issue whether dispute pertaining to suspension was per-se not an industrial dispute.36. section 2(k) of the i.d. act 1947 defines:'industrial dispute' means any dispute or difference between employees and employers, or between employers and workmen, or between workmen, which is connected ..... . . . . . . . . . . . . . suspension pending enquiry or continuation of suspension pending enquiry is not an industrial dispute under section 2(k) or section 2a of the i.d. act, 1947.'15. during the pendency of the proceedings before the industrial tribunal, enquiry pursuant to the charge-sheet dated 6.6.1994 was completed. the workmen were found guilty. order ..... , took a plea that right to suspend being the inherent right of every employer, even under section 10a of the industrial employment (standing order) act, 1946 a workman could be suspended pending investigation or inquiry into complaints of charges of misconduct. additionally reliance was placed on the standing orders for the .....
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