Court : Delhi
Reported in : 48(1992)DLT140; 1992(1)DRJ24
..... government of india is clear also from the various stands taken by the bofors including their subsequent claim made sometime after april, 1987, that consequent upon this prohibition, they had terminated their agency contracts with agents abroad also purportedly during january-march, 1986 and paid them, purportedly, 'winding up costs'.(26) in para ..... alia, held that the request for mutual judicial assistance prevented by india does not, in its form, satisfy the requirement of article 28 of the federal act on international mutual assistance in criminal matters (for short called (imac). in view of this the order of admissibility of mutual judicial assistance passed by the ..... petitioner.(52) the learned counsel further submitted that the enquiry conducted in panama revealed that svenska inc was managed by a lady advocate who was also acting as the local representative of the company. initially jose antonio valdes dutary was the president of the company but later ms. carmen fernandez de pyrex was .....
Tag this Judgment!Court : Delhi
Reported in : AIR1993Delhi135; 1992(24)DRJ430; 1993RLR88
..... which was also dismissed by tbe learned magistrate on the ground that the court has become functus officio. the respondent again filed another complaint under the dowry prohibition act on the same facts. the learned magistrate after recording evidence summoned the accused persons and the appellant had to challenge that order summoning the accused on the ..... she wanted to live with the appellant and wanted a compromise. it has also been admitted by her that she has also filed complaints in 1988 under dowry prohibition act as the appellant refused to keep her and in those complaints, the appellant, his mother and sister were summoned as accused. it has further been ..... . in paragraph 36 thereof the appellant has stated while leaving the house, the respondent threatened the appellant that she would implicate him and his mother in dowry act cases. in fact the appellant, his mother and sisters have been falsely implicated in false cases. it has also been stated inthe petition that the respondent .....
Tag this Judgment!Court : Delhi
Reported in : 47(1992)DLT192; 1993(25)DRJ338; 1992RLR126
..... that this was nothing but creation of successive life estates or creating a perpetuity in the settlors' family and that in view of the clear prohibition against such a bequest under section 114 of the act, the will was invalid, because it was a case of disposition without vesting all the properties bequeathed in the legatee or his heir-in-succession ..... and thereafter on son's sons, son's sons's sons and so on. it is contended that this is tantamount to creation of successive life estates, which was prohibited by law, and was not permissible under the hindu law of inheritance and thus the entire bequest by this will was void and inoperative, and the learned district judge erred ..... names were all given. there is then the recital that all of them are married. he further made his mind clear by saying that all the daughters were given dowry according to his capacity and he bad nothing more to pay them and he also desired that his heirs did not enter into any litigation after his death and then .....
Tag this Judgment!Court : Delhi
Reported in : AIR1993Delhi278
..... continue to the generated. the contention is thatprohibition on conversion of skimmed milk into skimmed milk powder would be wholly illogical and perverse particularly when there is no prohibition on conversion of milk into ghee, khoya. paneer etc. i find considerable force in this contention as well. the respondents have tried to meet the contention ..... not only the milk co-operatives but also public at large. assuming the support and strength to the milk co-operatives can be a relevant consideration under the act, the aforesaid facts and consequences show how, in fact, the impugned ban is adversely affecting the cooperative dairies. it may also be noticed that ministry of ..... thereof. in the case of union territory of delhi the central government by notification dated 9th june, 1978 delegated its powers under s. 3 of the act to the state government. by virtue of that delegation the administrator of delhi over a period of time has been issuing various orders for maintaining and increasing .....
Tag this Judgment!Court : Delhi
Reported in : 1993(25)DRJ514
..... these products by extracting less percentage of fat and use more quantity of milk. that seems to be the reason that in past during the scarcity period the prohibition on manufacture of skimmed milk powder was being imposed while imposing ban on manufacture of ghee, khoya, paneer etc. the decision to ban manufacture of skimmed ..... affect not only the milk cooperatives but also p73 public at large. assuming the support and strength to the milk cooperatives can be a relevant consideration under the act, the aforesaid facts and consequences show how, in fact, the impugned ban is adversely affecting the cooperative dairies. it may also be noticed that ministry of ..... thereof. .in the case of union territory of delhi the central government by notification dated 9th june, 1978 delegated its powers under section 3 of the act to the state government. by virtue of that delegation the administrator of delhi over a period of time has been issuing various orders for maintaining and increasing .....
Tag this Judgment!Court : Delhi
Reported in : 1993(25)DRJ490; (1993)IILLJ422Del
..... bye-laws could not be enforced through a writ petition. finally, the court said mandamus, certiorari, and prohibition were public law remedies, and they were not available to enforce private law rights. it held that every act of a society which might be a 'state' did not necessarily belong to public law field, and that ..... to issue to any person or authority, including in appropriate cases, any government, directions, orders, or, writs, including writs in the nature of habeas coipus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by part iii (fundamental rights) and for any other purpose. ..... in contradistinction to this, article 32 empowers the supreme court to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and ceitiorari, whichever may be appropriate, for the enforcement of any of the rights conferred, by part iii. language of article 226 talks of .....
Tag this Judgment!Court : Delhi
Reported in : 50(1993)DLT674
..... said this rule required an advocate not to accept a full time salaried employment from any of the categories mentioned in the rule. the court said the rule enacted a prohibition. it was a principle of professional ethics now embodied in a statutory rule. the court said, as in the present case before us, that it was the government's ..... settlement commissioner, jullundur. the services of the petitioner were terminated on 23/05/1960. he, however, came to know about this fact on 30/05/1960. on 19/12/1961 he filed a suit for declaration challenging his termination. the suit was decreed in his favor on 28/02/1963 and subsequent appeals to the district judge as well as ..... ) in thawardas pherumal and another v. union of india, : [1955]2scr48 , where the question was award of interest by the arbitrator in his award the court held that interest act, 1939, applied as interest was not otherwise payable by law in that kind of case and reference was made to a decision of the privy council in b.n. ry .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1993)46ITD523(Delhi)
..... no other expenditure than cost of acquisition. the other expenditure incurred by a film distributor which is of revenue character for the allowance of which there is no statutory prohibition in any of the sections having a bearing on the computation of income for business, such as salaries, rent, travelling, batta to the representatives, transport etc., ..... to sub-rule (1) of rule 9b explains the cost of acquisition both when it is on minimum guarantee basis or otherwise (i.e.) outright sale. the prohibition placed on including the amount spent on acquiring positive prints and advertisement is applicable only to minimum guarantee and not to the other mode of acquisition of distribution rights ..... as an expenditure incurred wholly and exclusively for the purpose of business. we do not find any prohibition to allow such expenditure in rule 9b. here we have to take the aid of section 37 of the i.t. act for the purpose of finding out whether the expenditure incurred on the purchase of the prints is .....
Tag this Judgment!Court : Delhi
Reported in : I(1994)DMC247
..... is for the first time that this plea has been taken in this complaint under section 406 indian penal code and section 4 of the dowry prohibition (amendment) act, 1984.6. in such type of cases whether the proceedings should be quashed at the initial stage is a question which has to be ..... basis the complaint under section 406 indian penal code was filed.3. the petitioner has challenged the proceedings under section 406 and section 4 of the dowry prohibition (amendment) act, 1984 pending before the metropolitan magistrate, delhi on various grounds. according to the petitioner the allegations made in the complaint are themselves contradictory. according ..... , petitioner's wife, respondent herein filed a criminal complaint in the court of metropolitan magistrate, delhi under section 406 ipc and section 4 of dowry prohibition (amendment) act, 1984 alleging therein that at the time of her marriage parents, relatives and family friends of the complainant gave valuable gifts/jewelry to the complainant .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1994)(51)LC259Tri(Delhi)
..... application of the assessee on 19.9.1991 and directed the union of india to refund the amount due to the assessee. on 20.9.1991, act 40 of 1991; came into force, prohibiting the grant of refund except in accordance with the provisions of sub-section (2) of section 11b. the union of india filed an application stating ..... . therefore, answers fully the submissions raised on behalf of the respondent and we reject the plea raised on behalf of the respondent that the prohibition contained in section 11b(3) of the act would not apply to the facts and circumstances of the present case more so because the judgment and order of the high court directing refund ..... withdrawn under orders of the court, would stand on a different footing then the orders of "refund" contemplated by section 11b(3) of the act, and would not fall within the mischief of the prohibition contained therein, sawant, j., speaking for the three judge bench observed (para 25 of air): further, if the contention advanced by the learned .....
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