Court : Delhi
Reported in : ILR1976Delhi72
..... the delhi high court as the forum for challenging the detention and the declaration; this forum could also be chosen wherever there is a challenge in the petition to the validity of the central act and the 38th constitution amendment, the presidential order dated december 23, 1974 under article 359 of the constitution and the continuation of the emergency. ..... has been made and a person is detained outside the union territory of delhi and there is no declaration under section 9(1) of the cofeposa, but there are averments concerning the state government having acted on instructions from the central government or its concerned officer; it is seen that in such cases the above-said legal provisions have been challenge. ..... we were further persuaded to hold that this court has jurisdiction because of the challenge made in the petition, of the validity of act 52 of 1974, a central act, the presidential order under article 359 of the constitution made on december 23, 1974, and the continuation of the emergency proclaimed by the president under article 352 by virtue of ..... would be clear from the explanationn thereto that the guarding of the coast-line of india effectively is necessary to achieve ..... as the venue, it has to be borne in mind that the order of detention can be made either by the central government or the state government; but when the state government makes such an order it would be acting under a specific statutory power conferred on the state government itself by reason of section 3. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1977Delhi538
..... (53) it is again well known that fundamental rules having been framed under section 96-b of the government of india act, 1915, still have statutory force as they are kept alive under article 313 of the constitution of india and the directions and instructions, so long as they are not in conflict with the statutory rules, can ..... the guiding principles for working of the 'next below rule' and, inter alia, provies as under : '.....................theintention of the so-called rule was apparently that an officer out of his regular line should not suffer by forefeiting acting promotion which he would otherwise have received had he remained in his regular line. ..... before such a claim is established it should be necessary that all the officers senior to the officer who is out of the regular line have been given acting promotion, and also the officer next below him, unless in any case the acting promotion is not given because of inefficiency, unsuitability or leave...........'. ..... from that it follows that the fortuitous acting promotion of some one junior to an officer who is out of the regular line does not, in itself, give rise to claim under the 'next below' rule. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1980Delhi1404; 1981(1)SLJ358(Delhi)
..... it is difficult to ignore that while the university is an autonomous statutory body entitled to regulate its affairs in accordance with the act, statutes and ordinances, the affiliated colleges are private bodies, whether societies, trust or otherwise, which do not have any statutory genesis and it is for historical reasons that some of their affairs, including the ..... and the commission have, however, to provide finances for the university and while the commission has an advisory role to play in discharge of its functions under the act of 1956, there is no power in the government to abolish any grade or post inthe university or in the colleges affiliated to it. ..... the abolition of selection grade was sought to be challenged on the ground that in the scheme of the act, statutes and ordinances, no power had been reserved for government to abolish posts or grades or even prescribed scales and that the only power of government was with regard to approval of scales that may be prescribed by ..... the selection grade lecturers of colleges entitled as of right to the scales of pay prescribed for the readers of the university, by virtue of the provisions and/or the scheme of the act, the statutes or the ordinances of the university, is the first question that the petitioners pose. ..... (2) the university of delhi is a statutory authority, created by the delhi university act, 1922, for short, the act, and is one of the central universities mentioned in entry 63 of list-1 in the vii schedule to the .....
Tag this Judgment!Court : Delhi
Reported in : 1999IIAD(Delhi)838; 77(1999)DLT327; 1999(48)DRJ23
..... no mala fide could be attributed to this act of the respondent as it was with the intention of giving the petitioners a fair chance to be evaluated and considered by the selection board for appointment to the post of commissioner (planning). .....
Tag this Judgment!Court : Delhi
Reported in : 2003VIIAD(Delhi)426; 106(2003)DLT456; (2004)ILLJ753Del
..... obviously, if it is the duty of the reader of keep the file in safe and sound custody, putting the key in a place which is unlocked and is known to every one will certainly be an act of negligence and if this conduct is taken in relation to his official duties, it will amount to misconduct.'8. ..... the charges leveled were that they acted with gross negligence which led to the loss of the file in question. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1988Delhi149; 1988(14)DRJ277; 1988RLR160
..... ashish who is now aged about 11 years, was born on 7th may, 1976; and sanjeev now aged about 9 years, was born on 3rd october, 1978. ..... (6) the application for custody in the present case is under section 26 of the hindu marriage act. ..... (2) embittered and strained relationship between the petitioner mother and the respondent father resulted in filing of a divorce petition by the petitioner under section 13 of the hindu marriage act. .....
Tag this Judgment!Court : Delhi
Reported in : 54(1994)DLT573; 1994(30)DRJ13
..... '(8) the supreme court held that there is no reason why the appellant should have been asked to proceed under the guardians and wards act for recovering the custody of the child, because he had also a clear right to an order for the custody of the child under section 491 of the code (the same observation would equally apply to invoking of writ .....
Tag this Judgment!Court : Delhi
Reported in : 2004CriLJ3092
..... the right to compensation is some palliative for the unlawful acts of instrumentalities which act in the name of public interest and which present for their protection the powers of the state as a shield. ..... of police, delhi : air1990sc513 their lordships of the supreme court clearly laid down that it is now well settled that the state is responsible for tortious act committed by its agency. ..... the learned single judge in the impugned judgment has observed that erring officers are being prosecuted and, thereforee, it would not be proper to him to dwell at length upon the individual act of the police men. ..... and indeed an effective and sometimes perhaps the only suitable remedy for redressal of the established infringement of the fundamental rights of the citizen by the public servant and the state is vicariously liable for their act.14. .....
Tag this Judgment!Court : Delhi
Reported in : 1994IVAD(Delhi)749; AIR1995Delhi105; 55(1994)DLT726; 1994(31)DRJ130
..... in the urban extension wherever possible water bodies (lakes) should be developed to act as major lung spaces and to attract migratory birds and for improving the micro climate ..... it also needs to be noticed that clause 6 of the sale deed records the factum of the land being notified under section 4 of the land acquisition act, 1894 at the time of the alleged purchase by appellant no. 1. ..... thus prima facie we are of the opinion that the appellants acted in contravention of the provisions of the delhi development act, master plan, zonal development plan and the delhi lands (restrictions on transfer) act, 1972. ..... besides, it being the capital city, delhi acts as the show window of the country. ..... the land in dispute has been declared as 'development area' under section 12 of the dd act vide notification dated august 16, 1973. ..... use indicated in master plan can be enforced as it has a statutory backing, which is apparent from the various provisions of the dd act, namely sections 7, 8 and 14 thereof. ..... strict enforcement of water pollution act is needed to keep the river ..... restraining the respondents from dispossessing them from the suit land and from interfering with their possession andenjoyment of the same and also for restraining the respondents from carrying out the acts of demolition or destruction of the property. ..... notification under section 4 of the land acquisition act, 1894 was in force, thereforee the transaction of sale violated the delhi lands (restriction on transfer) act, 1972. .....
Tag this Judgment!Court : Delhi
Reported in : 8(1972)DLT39
..... there was a local authority by name notified area committee civil station which had jurisdiction over the said area and was governed by the provisions of the punjab municipal act iii of 1911, as applied to delhi and under section 56(g) of the said act read with section 3 (30) the said local authority was vested with control of all public streets and trees existing over them (except the lands owned by the government) ..... tree, it follows that the defendant-corporation had a duty to keep the tree in good condition free from its being a source of danger to the passers by apart from that, under section 43(9) of the delhi municipal corporation act a duty is cast upon the defendant -corporation to maintain the trees. ..... where the doctrine applies, a presumption of fault is raised against the defendant, which, if he is to succeeded in his defense, must be overcome by contrary evidence, the burden on the defendant being to show the act complained of court reasonably happen without negligence on his part. ..... in question and that the same was not in a dangerous condition and that the defendant has no obligation to maintain the same and that there was no negligence on its part, but it was purely a case of accident or act of god which resulted in the death of the deceased. ..... the suit is barred by limitation by reason of section 478(2) of the said act or by article 72 of the limitation ast, 1963 o.p.d. 1. 4. ..... the suit is barred by section 477 of the delhi municipal corporation act, 1957 o.p.d. 1. 2. .....
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