Court : Delhi
Decided on : Nov-30-2015
..... ) only saves as penalty, for the forfeiture or punishment incurred in respect of any offence committed. 32. similarly, in section 6(e) of the aforesaid act, it is not every investigation or legal proceedings which is saved rather investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability ..... ..........the submission is that in view of clause(c), (d) and (e) of sub-section(1) of section 8 of the bengal general clauses act, 1899 which provide that if any law is repealed then unless a different intention appears, the repeal shall not affect any liability incurred under any enactment so ..... order dated 05.07.2011 was substituted providing that deemed cognizance has been taken under section 23 read with section 4 of the foreign contribution (regulation) act, 1976 (hereinafter shall be called fcra, 1976'). 3. since the issues raised in both the petitions are inter-related, therefore, both these petitions were .....
Tag this Judgment!Court : Delhi
Decided on : Nov-23-2015
..... back and not play truant or for that matter play possum. as we have noticed, he has been able to do such adventurous acts as he has the embedded conviction that he will not be taken to task because an application under section 156(3) cr.p. ..... it was observed by the hon'ble apex court that with a view to make a director of a company vicariously liable for the acts of the company, it was obligatory on the part of the complainant to make specific allegations as are required in law. in ..... vice-president, neither the loan was taken, nor the default was made, nor any action under the sarfaesi act was taken. however, the action under the sarfaesi act was taken on the second time at the instance of the present appellant no.1. we are only stating ..... made out. it is also to be noted that when a borrower of the financial institution covered under the sarfaesi act, invokes the jurisdiction under section 156(3) cr.p.c. and also there is a separate procedure under the recovery of debts .....
Tag this Judgment!Court : Delhi
Decided on : Oct-20-2015
..... preempt the sale deeds in favour of the defendant by asserting their rights as a co-sharer, under section 15(1)(b), fourthly, of the punjab preemption act, 1913 (punjab act 1 of 1913), as by an earlier sale in their favour, by harinder singh co-sharer, they had become co-sharers in the land sold by ajmer ..... digest, wherein it has been stated: if a man once determines his election, it shall be determined forever. ? xxx xxx xxx 49. in kok hoong v. leong cheong kweng mines ltd. [1964 ac 993 : (1964) 2 wlr 150 : (1964) 1 all er 300 (pc)] the privy council held that: (ac p. 1018) a litigant may be ..... examine the property to suggest manner of division. (ref : shub karan bubna, para 18.2) (v) consequential division by metes and bounds is a ministerial or administrative act requiring physical inspection, measurements, calculations and consideration of various permutations/ combinations/alternatives of division which is referred to the collector/local commissioner under order xxvi. this duty in the .....
Tag this Judgment!Court : Delhi
Decided on : Apr-30-2015
..... wording of the price-escalation clause in the contract between the parties. the tribunal had calculated price-escalation based on the price of a certain grade of coal, whereas a different grade was actually being used at the time. the court held: but on account of apparent error in the award, the calculation ..... municipal or statutory agency or other authority, restrains, injunctions from any court of law, withdrawal of permissions, non-availability of construction materials strikes, fire or any act of god, as also the prevailing real estate market conditions or any other reason or cause whatsoever beyond and the reasonable control of the developer. all periods ..... the tribunal had failed to consider sections 73 and 74 of the contract act, and relevant precedents, in awarding damages. what is patent illegality has been clarified in subsequent cases. let us consider some of them. in hindustan coal ltd. vs friends coal carbonisation, (2006) 4 scc445 the court set aside an arbitral award which .....
Tag this Judgment!Court : Delhi
Decided on : Apr-27-2015
..... cited by the counsel for cci carving out a distinction between review and recall are of no avail. (zv) the existence of a provision in the competition act for penalizing the complainant / informant for making a misdealing / false statement leading to investigation being ordered cannot take away the right of the person / enterprise ..... and exceptional cases. (r) again, as aforesaid, cci can order/direct investigation only if forms a prima facie opinion of violation of provisions of the act having been committed. our constitutional values and judicial principles by no stretch of imagination would permit an investigation where say cci orders/directs investigation without forming ..... of hearing to the affected party; (ii) rajeev hitendra pathak vs. achyut kashinath karekar (2011) 9 scc541laying down in the context of consumer protection act, 1986 that tribunals are creatures of the statute and derive their power from the express provisions of the statute and that the district forums and the state .....
Tag this Judgment!Court : Delhi
Decided on : Apr-21-2015
..... . according to pll, the commencement of commercial operations was delayed due to non-availability of coal which according to pll was not its obligation. pll states that gvk was unable to arrange the coal on account of its coal mine allocation being cancelled pursuant to the order of the supreme court and also on account of ..... advocates. coram: justice s. muralidhar judgement % 21.04.2015 1. punj lloyd ltd ( pll ) has filed these petitions under section 9 of the arbitration and conciliation act, 1996 ( act ) seeking interim reliefs against the respondent gvk power (goindwal sahib) ltd. ( gvk ). background facts 2. gvk was awarded a contract by the state of punjab for ..... the question that arose for determination was which court will have the jurisdiction to entertain and decide an application under section 34 of the arbitration and conciliation act?. in that case, an application under section 9 had been filed in the high court of calcutta. later an application under section 11 was filed also .....
Tag this Judgment!Court : Delhi
Decided on : Mar-05-2015
..... the year 2000 (end of august and early september) and were substituted for the original award lists after breaking open the sealed almirah. the acts highlighted above exhibit contrivance and brazen criminal misconduct, committed consciously to execute the ends of conspiracy. the argument on omission to obtain sanction is, ..... be taken up at the argument stage. however, it has been taken into consideration thereafter. admittedly, the certificate requirement under section 65b indian evidence act was not complied with. in absence thereof, the same is clearly inadmissible and is, therefore, eschewed from consideration.419. the other circumstance found incriminating ..... been occasioned thereby. 296. corresponding provision in the code of criminal procedure, 1973 akin to the above highlighted provision comprised in the prevention of corruption act, 1988 is enunciated hitherto-fore :- 465. finding or sentence when reversible by reason of error, omission or irregularity. (1) subject to the provisions .....
Tag this Judgment!Court : Delhi
Decided on : Mar-05-2015
..... the year 2000 (end of august and early september) and were substituted for the original award lists after breaking open the sealed almirah. the acts highlighted above exhibit contrivance and brazen criminal misconduct, committed consciously to execute the ends of conspiracy. the argument on omission to obtain sanction is, ..... be taken up at the argument stage. however, it has been taken into consideration thereafter. admittedly, the certificate requirement under section 65b indian evidence act was not complied with. in absence thereof, the same is clearly inadmissible and is, therefore, eschewed from consideration.419. the other circumstance found incriminating ..... been occasioned thereby. 296. corresponding provision in the code of criminal procedure, 1973 akin to the above highlighted provision comprised in the prevention of corruption act, 1988 is enunciated hitherto-fore :- 465. finding or sentence when reversible by reason of error, omission or irregularity. (1) subject to the provisions .....
Tag this Judgment!Court : Delhi
Decided on : Mar-05-2015
..... the year 2000 (end of august and early september) and were substituted for the original award lists after breaking open the sealed almirah. the acts highlighted above exhibit contrivance and brazen criminal misconduct, committed consciously to execute the ends of conspiracy. the argument on omission to obtain sanction is, ..... be taken up at the argument stage. however, it has been taken into consideration thereafter. admittedly, the certificate requirement under section 65b indian evidence act was not complied with. in absence thereof, the same is clearly inadmissible and is, therefore, eschewed from consideration.419. the other circumstance found incriminating ..... been occasioned thereby. 296. corresponding provision in the code of criminal procedure, 1973 akin to the above highlighted provision comprised in the prevention of corruption act, 1988 is enunciated hitherto-fore :- 465. finding or sentence when reversible by reason of error, omission or irregularity. (1) subject to the provisions .....
Tag this Judgment!Court : Delhi
Decided on : Mar-05-2015
..... the year 2000 (end of august and early september) and were substituted for the original award lists after breaking open the sealed almirah. the acts highlighted above exhibit contrivance and brazen criminal misconduct, committed consciously to execute the ends of conspiracy. the argument on omission to obtain sanction is, ..... be taken up at the argument stage. however, it has been taken into consideration thereafter. admittedly, the certificate requirement under section 65b indian evidence act was not complied with. in absence thereof, the same is clearly inadmissible and is, therefore, eschewed from consideration.419. the other circumstance found incriminating ..... been occasioned thereby. 296. corresponding provision in the code of criminal procedure, 1973 akin to the above highlighted provision comprised in the prevention of corruption act, 1988 is enunciated hitherto-fore :- 465. finding or sentence when reversible by reason of error, omission or irregularity. (1) subject to the provisions .....
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