Court : Delhi
Reported in : 142(2007)DLT760
..... the question of law that has been referred for our opinion under section 256(1) of the income tax act, 1961 is as follows:whether on the facts and in the circumstances of the case, the appellate tribunal erred in law in holding that the central subsidy received by the assessed under 10% central outright grant scheme 1971 in respect of .....
Tag this Judgment!Court : Delhi
Reported in : 41(1990)DLT86; 1990RLR154
..... section 27 of the evidence act lays down an exception to the rule that a confession made by an accused person whilst he is in custody must be excluded from evidence and permits the admission of such a confession under the conditions prescribed by it. ..... for six months u/s 27 of the arms act. .....
Tag this Judgment!Court : Delhi
Reported in : 1995CriLJ3923; 58(1995)DLT589
..... the learned pps, on the other hand, have contended that it was not incumbent on the magistrate to seek the assistance of a panel of five persons as spoken of under section 17(5) of the act in as much as the word used therein is 'may' which gave an ample option and latitude to the magistrate and left to his judicious discretion to have the services of those five persons or to ignore ..... and the nature of the influence which the conditions in his home are likely to have on him if he is sent home, and, for this purpose, he may direct a probation officer appointed under the probation of offenders act, 1958,(20 of 1958), to inquire into the above circumstances and into the personality of the person and the prospects of his rehabilitation. ..... in enacting that they 'may' or''shall, if they think fit,' or, 'shall have power,' or that 'it shall be lawful' for them to do such acts, a statute appears to use the language of mere permission, but it has been so often decided as to have become an axiom that in such cases such expressions may have - to say the least - a compulsory force, and so would ..... to ameliorate the lot of the persons of this contrary who are being exploited by others.hence the present act is meant for the benefit of those persons who are suffering and being exploited at the hands of others. ..... from this it would follow that section 16 can only apply if some person is gaining by any acts of prostitution committed by a girl or when one or more prostitutes carry on the profession for .....
Tag this Judgment!Court : Delhi
Reported in : 117(2005)DLT594; [2005]58SCL387(Delhi)
..... faced with such a situation, the respondent was left with no option but to issue yet another notice dated 7th may, 2003 purporting to be a statutory notice under section 433 of the companies act notifying the appellant that in the event of its failure to abide by the notice demand, it would be constrained to file a winding up action against the present appellant. ..... the company is attempting to resile from binding admissions and is acting in bad faith and there is no warrant for exercise of any discretion in its favor. ..... dated 28th september, 2002, no amount has been paid till date and as such it has to be held that the company was unable to pay its debts as contemplated under the provisions of section 433(e) of the companies act, 1956. 26. ..... was duly made and has not been met by the appellant, no other conclusion can be arrived at other than that the appellant is unable to pay its debt within the meaning of section 433(e) of the companies act, 1956.21. ..... terms of the contract and there was no debt which remained unpaid, which would have entitled invocation of the powers of the company court under section 433 on the grounds of applicability of section 433(e) of the companies act, 1956. .....
Tag this Judgment!Court : Delhi
Reported in : 2007(216)ELT673(Del)
..... prima facie case of customs duty evasion by the petitioner to the extent of 1.27 crores, another disturbing aspect that has to be kept in mind is that not only that the petitioner by his alleged criminal act caused loss to the public revenue, he, by diverting non-edible grade crude palm oil, meant for manufacture of washing soap, to vansapati ghee manufacturers played for his selfish gain with the health of public ..... the other argument raised by learned senior counsel for the petitioner, based on the decisions referred to above, that an offence punishable under section 135(1)(ii) of the act being a bailable one, the petitioner is, as a matter of right entitled to bail, is unacceptable in the face of a decision of this court in ..... learned counsel for the complainant in the context of defense plea that an offence punishable under section 135(i)(ii) of the act falls within the category of bailable offences pointed out that the decision of the bombay high court in subhash chaudhary (supra) holding the offence punishable under section 135(1)(ii) of the act bailable and which forms basis of the other decision of the bombay high court in sangit krishna kumari agrawal ( ..... 71789-m-2005, learned senior counsel argued that since an offence under section 135(1)(ii) of the customs act, 1962 (for short the 'act') is punishable with imprisonment which may extend to three years or fine or both, it would constitute only a bailable offence and the petitioner is, thereforee, as a matter of right, .....
Tag this Judgment!Court : Delhi
Reported in : 33(1987)DLT133; 1987(32)ELT297(Del)
..... district magistrate, dhanbad, bihar and others, : 1986crilj1959 , held as under :- 'where the order of detention under section 3(2) of the national security act was served upon the detenu, when he was already in jail in respect of a murder case and there was no indication that this factor or the question that the said detenu might be released ..... to the facts of the case in hand, i have no hesitation to hold that the detailing authority has not acted swiftly in the matter and there was no probity between the prejudicial activity and the detention order. ..... the departmental adjudication proceedings are in progress in the matter, it has become necessary to detain the petitioner under cofeposa act, with a view to prevent him from smuggling goods in future. ..... it is well settled that in an order under the cofeposa act, the decision of the authority is subjective one and if one of the grounds is non-existent or irrelevant of is not available under the law, the entire detention order will fall since it is not possible to predicate ..... the petitioner was arrested u/s 104 of the customs act on 7-8-1986 and produced before the learned chief ..... u/s 108 of the to avoid customs check atcustoms act, 1962 'disclosed that the calcutta airport..... ..... legal importation of the gold tablets, the same were seized by the customs officers on the reasonable beliefs that the same were smuggled and were liable to confiscation under the provisions of customs act, 1962 read with foreign exchange regulation act, 1963. 3. .....
Tag this Judgment!Court : Delhi
Reported in : 3(1967)DLT623
..... must be treated as one between the president of india and the appellant it would be a lease between the central government and-the lessee; in view of the definition of 'central government' in section 3(8) of the general clauses act, which defines the expression buth in relation to anything done .before the commencement of the constitution .ind in relation to anything done, or to be done, after such commencement, the central government would in relation to the administration of ..... plaintiff was sent by the new delhi municipal committee to the land and development office on 9th march, 1953, and since in view of the provisions of section 193(4) of the punjab municipal act the municipal committee had to communicate the rejection of the plan within sixty days the new delhi municipal committee wrtoe to the appellant on 30th april, 1953, that the plan had been rejected. ..... that i have nto been happy in having to come to this conclusion because the re-entry would result in a great hardship to the appellant and i can only express ahope that if the government can, acting within the law, provide relief to the appellant, they would avoid the termendous loss being caused to him (12) in the result, this appeal fails and is dismissed with no order as to costs.jagjit singh, ..... the plaintiff gave a ntoice in writing to the new delhi municipal committee under section 189(3) of the punjab municipal act intimating his intention to make and alter certain constructions on the back and front portions of plto no. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1986Delhi181; ILR1985Delhi416
..... registration or on its registration by a new name, is registered by a name which, in the opinion of the central government, is identical with, or too nearly resembles, the name by which a company in existence has been previously registered, whether under this act or any previous companies law, the first mentioned company (a)may, by ordinary resolution and with the previous approval of the central government in writing, change its name or new name; and (b)shall, if the central government ..... to take the view that the remedy provided under the act is not such as to completely oust the jurisdiction of the civil court for trial of industrial disputes. ..... four companies are named in the plaint which are stated to be registered under the mrtp act and are known in the capital market as 'khosia group of companies'. ..... he submitted that the plaintiff had no remedy under the act and that the very fact that the central govt. ..... : (1975)iillj445sc which was under the industrial disputes act and drew my attention to the following observations in the judgment : 'it would thus be seen that through the intervention of the appropriate government, of course not directly. ..... ' which was registered under the companies act, 1956 (for short 'the act'), but they failed to establish the business of this company as they could not sell the shares of this company to the general public. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1988Delhi93; 1987(13)DRJ167
..... avail of that remedy, and chose instead the remedy of divorce on the ground of cruelty emanating from the same facts on which he could have sought the decree of nullity, under section 13(1)(ia) of the hindu marriage act, 1955 (as amended up todate), and this option on the part of the husband could in no way deprive him of the remedy of divorce which he has now actually chosen, as the two remedies are distinct and ..... we also make an entry of the same in the register but we do not bring the said register outside the court (should be hospital)-'(13) section 112 of the indian evidence act, 1872 deals with conclusive proof of legitimacy and it reads as under :- 'the fact that any person was born during the continuance of a valid marriage between his mother and any man, ..... and beatings on the part of the husband on the question of illegitimacy of the child towards the wife was the direct outcome of the frustration which was the direct result of the aforesaid act of the wife of giving birth to the illegitimate child and thereby it becomes obvious that the wife had treated the husband with cruelty. ..... about 1' months of the delivery of the child and the husband maintained contacts with the wife even uptil early 1978 because he could not deny that he visited respondent no. ..... the earliest divorce petition filed on 17-4-1978 by the husband, which was amended twice later on, sets out the facts about the birth of the child and his shame and shock to see the delivery of the child after 6 ..... , 1978 hlr .....
Tag this Judgment!Court : Delhi
Reported in : 1995IAD(Delhi)756; 1995(2)ALT(Cri)12; 1995CriLJ1705; 1995(2)Crimes568; 1995(32)DRJ369
..... possibility of his release- on bail on account of the stringent measures of section 37 of the act and as such, there was no compelling necessity for passing the impugned order. ..... it is a well established principle of law that a -detention order under section 3(1) of the act can be passed only in those discerning few cases when there is a likelihood of a person being released on bail and that there is an apprehension that on being released on bail he is likely to indulge over again in ..... behind the law of preventive detention is to pre-empt the move of a particular person to indulge in illicit traffic in narcotic drugs by detaining him under the said provisions of the said act and thus to preclude him from the said activities. ..... a detention order was passed under section 3(1) of the act on january 20,1993 by the respondent no.2 against the petitioner and the same was served on him on january 22,1993 in central jail, tihar where he was being detained ..... under section 3(8) of the general clauses act, central government means the president and as such a representation made to the president of india would be deemed to be a valid representation in the ..... raised by the learned counsel for the petitioner is that there was absolutely no need to pass the impugned detention order inasmuch as the petitioner was already in custody in a case under the act and there was absolutely no likelihood of his being released on bail on account of the stringent provisions of the act with regard to bail. .....
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