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P.V. Narsimha Rao Vs. Central Bureau of Investigation

Court : Delhi

Reported in : 1997VAD(Delhi)265; 68(1997)DLT553; 1997(43)DRJ108; 1997RLR567

..... critical introduction. butterworths. 1996). however, the fact remains that a number of privileges have been surrendered or modified over the years. for example, following the parliamentary privilege act, 1770 the privilege of freedom from arrest previously enjoyed by the servants of the members was extinguished. similarly, at the beginning of the second world war, the ..... & torrington junction railway co. (1884) 12 qbd 271, the court of common pleas refused to declare a private act invalid on the ground that it had been obtained by fraudulent recitals. in bradlaugh v. gossett (1871) lr 6 c.p. 577, mr.charles bradlaugh, who had been excluded from the house of commons and from taking ..... the oath upon his election, challenged the order of the house on the ground, inter alia, that his position was regulated by the parliamentary oaths act, 1899. the action did not .....

Texmaco Ltd. Vs. Arun Kumar Sharma and Another

Court : Delhi

Reported in : [1991]70CompCas287(Delhi); 42(1990)DLT115

..... with a view to delay the matter. it has been urged that, in iew of the law laid down in karamchand ganga pershad v. union of india, air 1871 sc 1244, that decisions of the civil courts are binding on criminal courts, the criminal proceedings be staryed. i have gone through this judgment and find that no ..... back, the retained possession would amount to wrongful withholding of the property of the company's property give rise to criminal liability under section 630 of the companies act. it is urged that the respondents and others were employees of the company and had been given residential accommodation on account of their being employees and thus the ..... finally decided by the civil court 6. learned counsel fro the petitioner has vehemently argued that the salutary provisions introduced in section 630 of the indian companies act would become useless if the proceedings on the criminal complaint are stayed and the company is deprived of the summary relief of getting possession of its property from .....

G.C. Sharma Vs. Municipal Corporation of Delhi

Court : Delhi

Reported in : ILR1979Delhi771b

..... shr g.c sharma, is a qualified chartered architect. municipal corporation of delhi (corporation), respondent no. 1, is a statutory body constituted under the delhi municipal corporation act, 1957 (the act). according to the rules and bye-laws of the corporation a building plan accompanying an application for sanction to build has to be prepared by a draftsman licensed by ..... for the port of calcutta v. corporation of calcutta, . privy council said at page 309 : 'their lordships regard these words ('purporting or professing' to act in pursuance of this act) as of pivotal importance. their presence in the statute appears to postulate that work which was not done in pursuance of the statute may nevertheless be accorded its ..... in virtue of the powers vested in them, though, it is true that their action was held to be illegal and wrongful. in selmes v. judge (1871) 6 q.b. 723 blackburn j. said : 'it has long been decided that such a provision as that contained in the public authorities protection .....

b.b.oberai vs.state (Nct of Delhi) & Ors.

Court : Delhi

..... property bearing no.b-66, amar colony has reconstructed a new building after demolishing the old structure and, therefore, proceedings under section 343 & 344 of dmc act 1957 have been initiated against him. from the entire facts on record, it transpires that petitioner has not come in court with clean hands. he has suppressed material ..... harass sdmc and its officials.19. as per record, subsequent to the encroachment removal action conducted on 04.05.2016, the petitioner field various applications under rti act, 2005 seeking the information regarding w.p.(crl.) 1322/2019 page 10 of 16 the encroachment removal action taken on 04.05.2016 viz id no.75 ..... zone. thus, the action against such pucca encroachments was to be initiated by the office of executive engineer (building)-i, central zone under the provisions of dmc act-1957.17. it is further submitted that on 04.05.2016, the said field staff removed temporary structures that were encroaching upon government land, including the encroachments .....

Abhijeet Ghosh vs.state of Nct Delhi

Court : Delhi

..... help of voluntary information or material that bail appl.1447/2019 page 24 of 26 administered test results can be admitted, in accordance with section 27 of the evidence act, 1872. the national human rights commission had published `guidelines for the administration of polygraph test (lie detector test) on an accused' in 2000. these guidelines ..... against the applicant qua the alleged commission of offences punishable under sections 3of the indian penal code, 1860 and section 25 r/w section 27 of the arms act, 1959 by the learned trial court, the prima facie incriminating circumstances against the applicant brought forth through the statement under section 164 of the cr.pc, 1973 ..... sections 3of the indian penal code, 1860 which is punishable with death or life imprisonment and the petitioner has been further charged under sections of the arms act, 1959 and keeping in mind the nature of the accusation, gravity of the offence and past attempts to approach the witnesses in the instant case, no .....

Imran vs.state

Court : Delhi

..... be drawn if only based on evidence or probabilities of the case. the victim of rape stating on oath that she was forcibly subjected to sexual intercourse or that the act was done without her consent, has to be believed and accepted like any other testimony unless there is material available to draw an inference as to her consent or else ..... the person of the prosecutrix cannot be adopted as a formula for inferring consent on the part of the prosecutrix and holding that she was a willing party to the act of sexual intercourse. it will all depend on the facts and circumstances of each case. a judge of facts shall have to apply a common-sense rule while testing the ..... by the learned trial court, are as under:-" on receipt of dd no.11 dated 22.08.2015 regarding a lady is lying in unconscious condition with whom a wrong act is done, si benktesh and ct.yogesh kumar reached at the place of incident where prosecutrix met them and they took the prosecutrix to the police station and information was .....

Pilluwa @ Pappu vs.state

Court : Delhi

..... gauba judgment (oral) 1. by judgment dated 15.11.2018 the additional sessions judge (asj) presiding over the special court under protection of children from sexual offences act, 2012 (pocso act) in sessions case no.440657/2016, the appellant was held guilty and convicted on the charge for offence under section 6 read with section 5(n) of pocso ..... brother of a-2, the adoptive father of the prosecutrix and, therefore, in domestic relationship with her within the meaning of clause (n) of section 5 of pocso act. it may be added here that the prosecutrix would address the appellant as mama , he indisputably also tracing his origin from the same native village as that of ..... of aggravated penetrative sexual assault against pw-1 essentially on account of domestic relationship with the parents of the child, thus convicting him under section 6 of the pocso act.22. pw-5, in the course of her deposition, has spoken about she having had some reasons to believe in the past that the child was being sexually .....

State vs.sanjay

Court : Delhi

..... reached home. i slapped accused and his mother and sister started quarelling with me. accused fled away from there. earliler also on two occasions, accused had committed wrong act with my daughter n but due to social stigma matter was not reported to the police. 13. from the perusal of the aforesaid testimonies it transpires that there are various ..... investigation, the accused was arrested and he was medically examined and pending report, the charge sheet was filed and charges for the offence punishable under section 6 of pocso act and in the alternative offence punishable under section 376(2)(l) and(n) of the ipc were framed agaist the accused to which he pleaded not guilty and ..... as to what the accused is doing with the victim. they immediately came to her jhuggi and started scolding the accused. the accused earlier also had done wrong act with the victim on two occasions but the mother of the victim had pardoned him as the wife of the accused has already expired. this was third time that .....

Amit Kumar Jha vs.state & Anr.

Court : Delhi

..... court at the hearing that the first petitioner has today handed over to her demand draft no.765447 dated 23.01.2019 drawn on state bank of india, clement town, dehra dun, in her favour, for a sum of rs. 1,25,000/-, copy of which is taken on record.5. pertinent to note here that offence under section 498a ipc is ..... by way of two separate petitions, one after the other, on the basis of which their marriage has been dissolved by a decree of divorce dated 31.01.2018 in hma no.204/2018. in terms of the settlement, the first petitioner had agreed to pay to the second respondent a total amount of rs. 7,25,000/-. it is confirmed .....

Tarun Sawhney vs.uma Lal and Others

Court : Delhi

..... have not already made for themselves. ............. ...............hence section 16, both because it must be something not covered by section 14 and because no court can act unjugdicially without either statutory warrant or consensual authority, must be limited and the expression "stands on a separate and independent footing" points to a limitation, which ..... jamshed khodaram irani v. burjorji dhunjibhai [ilr40bom 289]. the judicial committee of the privy council observed that the principle underlying section 55 of the contract act did not differ from those which obtained under the law of england as regards contracts for sale of land. the judicial committee observed: under that law ..... this agreement is not implemented within twelve 20. calendar months from the date hereof this agreement shall stand terminated and extinguished automatically without any further act of parties and the vendors shall be at liberty to sell the said property to any other person after refund of earnest money, as also .....