Court : Delhi
..... finding to that effect. we may point out, at this juncture, that subsequent to the decision in pucl (supra), the central government has, in fact, amended the said telegraph rules and introduced rule 419-a, which is a virtual reproduction of the supreme court directions in para 35 of the pucl (supra) case. ..... 1) of rule 419-a of the indian telegraph rules, 1951 notified on 16.02.1999 as indian telegraph (first amendment) rules, 1999 framed in exercise of the powers conferred by section 7 of the indian telegraph act, 1885 (13 of 1885), the secretary, ministry of home affairs, government of india, has been authorized to exercise ..... collected pursuant to the seven interception orders mentioned above. according to the petitioner, the interception orders were passed purportedly under section 5(2) of the said telegraph act, which provision itself is unconstitutional and, as a consequence thereof, the interception orders are void. it is further the case of the petitioner that the seven interception .....
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..... unable to defend itself in the subsequent claims or that the claims were frivolous or vexatious. while it was possible for the respondent to have sought amendment to the earlier claims, no prejudice was caused to nhai because there was a separate reference made in respect of the subsequent claims. in large ..... ministry of finance under international competitive bidding in accordance with the procedures of those agencies/funds, where the legal agreements provide for tender evaluation without including the customs duty; (e) supply of capital goods, including in unassembled/disassembled condition as well as plants, machinery, accessories, tools, dies and such goods which ..... ms. jojy sunil, advocates coram: justice s. muralidhar order 13 12.2012 1. the challenge in this petition under section 34 of the arbitration & conciliation act, 1996 (act) by the petitioner, national highways authority of india (nhai) is to an award dated 22nd april 2009 as modified on 21st august 2009 passed by the arbitral .....
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..... only freedom of speech but also freedom after speech. mario cuomo, former governor of new york while speaking about press freedom in conjunction with the first amendment stated that founding fathers despite knowing the dangers of a free press, had chosen to gamble on liberty. according to mario, the said gamble had in ..... statement that all the accused persons uttered allegedly humiliating words was not sufficient. section 3 of the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989 being a penal provision had to be given a strict interpretation. she repeatedly emphasised that there was no averment in the complaint to attract the ..... , pawan malhotra, devander, prem chopra, wahida rahman, director rakesh om prakash mehra, uti company and other and against censor board chairman sharmila tagore as their acts are not only illegal but also unconstitutional..4. upon the present writ petition being filed, this court on 27 th august, 2009 stayed further investigation in the .....
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..... 29. we are of the view that in order to appreciate the rival submissions, first the scheme of the said act has to be seen.30. the said act was enacted to amend and codify the law relating to adoption and maintenance amongst hindus. it, thus, superseded the traditional hindu law of adoption ..... with its religious basis and sacramental elements, which had earlier remained in force.31. chapter ii deals with the aspect of adoption. section 5 makes it clear that no adoption can be made after commencement of the said act ..... while acknowledging that if replication is permitted to be filed, it forms part of the pleadings, it has been observed that subsequent pleadings are not substitute for amendment in the original pleadings. in fact, a full bench of this court in kedar nath v. ram parkash and other connected matters, 1998 vii ad (delhi) .....
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..... or by such other person as he thinks fit for the purpose of deciding whether or not there is sufficient ground for proceeding . after the amendment of section 202 cr.p.c. by an amending act of 25 of 2005 it has become obligatory for the magistrate to hold an inquiry under section 202 where the accused is residing at a place ..... in charge of a police station except the power to arrest without warrant. cr.p.c (amendment) act, 2005 (25 of 2005)- in section 202 of the principal act, in sub section (1) , after the words may, if he thinks fit, the following shall be inserted namely:- ( amended section) 202. postponement of issue of process.- (1) any magistrate, on receipt of a complaint ..... of eighteen years, or is an idiot or a lunatic, or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the court, make a complaint on his or her behalf. .....
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..... no.30 of 94 the proceedings from the parliamentary debate on the bill were also referred to show that the concerned minister of state had observed that the act was being amended to 'provide help and protecting the rights of designers'. (emphasis supplied) furthermore, the legislative intent is also to be kept in mind which is to provide ..... court in the case of jones bros (supra) which extends the applicability of doctrine of election. thereafter, all these decisions were analyzed by the us court of customs and patents appeals in the case of application of richard q. yardley 493 federal 2d 1389. the court in the case analyzed two questions which are reproduced hereinafter: ..... in the case of moregen david wine corpn, 328 f.2d 925. the said decision came up before the appellate court which is united states court of customs and patent appeals has taken the diametrically opposite view from that of singer co.(supra) which is by observing that the patent expiration is nothing more than cessation .....
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..... against further proceedings in the bombay suit and permitted it to proceed.36. to rectify the above position the clb sought to incorporate by way of amendment to the narration of facts in the petition the an allegation that morarka group after capturing the control of gfmcl had manoeuvred to hand over the ..... industrial development no. s.o. 695 (f)/18aa/idra/72 dated the 3rd november 1972 made under sub-section (1) of section 18aa of the industries development regulation act, 1951. (e) ganesh flour mills means (i) the delhi vanaspati factory, delhi. (ii) the hindustan breakfast food manufacturing factory, new delhi, including ganesh electrical factory ..... : the learned counsel say that the central government in exercise of powers under sub section (1) of section 18aa of the industrial (development and regulation) act, 1951 has directed the industrial reconstruction corporation of india limited to take over the industrial undertaking of the company. the learned counsel pray for time to study .....
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..... of law that, save in a very exceptional class of case, the burden is on the prosecution and never shifts.25. learned counsel for cbi relies on collector of customs madras & ors. vs. bhoormul air 197.sc 85.to contend that the prosecution is not required to prove its case with mathematical precision. there is no doubt about ..... he does not know where searches were conducted and whether he examined the accused or not. pw22 r.p. kaushal states that he acquainted himself with published manual, tariffs and guidelines of insurance company and without exhibiting these documents, no finding of fake report could have been arrived at. the impugned judgment has been passed by the learned ..... under section 13(1)(d) of the pc act, is proved beyond reasonable doubt. reliance is placed on ashok tshering bhutia vs. state of sikkim crl.a. 945/2003 decided on 25th february, 2011; mamta devi vs. vijaykumar mamraj agrawal 2008 crl.l.j.970 bombay high court; collector of customs, madras vs. d. bhoorumal air 197.sc .....
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..... of law that, save in a very exceptional class of case, the burden is on the prosecution and never shifts.25. learned counsel for cbi relies on collector of customs madras & ors. vs. bhoormul air 197.sc 85.to contend that the prosecution is not required to prove its case with mathematical precision. there is no doubt about ..... he does not know where searches were conducted and whether he examined the accused or not. pw22 r.p. kaushal states that he acquainted himself with published manual, tariffs and guidelines of insurance company and without exhibiting these documents, no finding of fake report could have been arrived at. the impugned judgment has been passed by the learned ..... under section 13(1)(d) of the pc act, is proved beyond reasonable doubt. reliance is placed on ashok tshering bhutia vs. state of sikkim crl.a. 945/2003 decided on 25th february, 2011; mamta devi vs. vijaykumar mamraj agrawal 2008 crl.l.j.970 bombay high court; collector of customs, madras vs. d. bhoorumal air 197.sc .....
Tag this Judgment!Court : Delhi
..... of law that, save in a very exceptional class of case, the burden is on the prosecution and never shifts.25. learned counsel for cbi relies on collector of customs madras & ors. vs. bhoormul air 197.sc 85.to contend that the prosecution is not required to prove its case with mathematical precision. there is no doubt about ..... he does not know where searches were conducted and whether he examined the accused or not. pw22 r.p. kaushal states that he acquainted himself with published manual, tariffs and guidelines of insurance company and without exhibiting these documents, no finding of fake report could have been arrived at. the impugned judgment has been passed by the learned ..... under section 13(1)(d) of the pc act, is proved beyond reasonable doubt. reliance is placed on ashok tshering bhutia vs. state of sikkim crl.a. 945/2003 decided on 25th february, 2011; mamta devi vs. vijaykumar mamraj agrawal 2008 crl.l.j.970 bombay high court; collector of customs, madras vs. d. bhoorumal air 197.sc .....
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