Court : Delhi
Decided on : Jul-23-2003
Reported in : 2004(2)SLJ510(Delhi)
..... order, removing him from service, was passed. the disciplinary authority, disagreeing with the finding of the inquiry officer on the first charge, held that raising of tone was definitely an act of indiscipline and thereforee, this charge also stood proved. petitioner's appeal to the appellate authority against the said order was unsuccessful. being aggrieved, the petitioner preferred the original application .....
Tag this Judgment!Court : Delhi
Decided on : May-22-2003
Reported in : 105(2003)DLT430; 2003(69)DRJ555; 2004(1)SLJ98(Delhi); 2003(6)SLR791
..... the judiciary, either constitutionally or functionally.' 15. the petitioner was performing a judicial function as member of the central administrative tribunal. the petitioner was governed by rules framed under section 10 of the act. rule 12 (2) of the cat (salaries and allowances and conditions of service of chairman, vice-chairman & members) rules, 1986, which is quoted above makes is clear that .....
Tag this Judgment!Court : Delhi
Decided on : Sep-01-2003
Reported in : I(2004)ACC478; 2005ACJ1977; 2003VIAD(Delhi)362; 2003(71)DRJ4
S.K.Mahajan, J. 1. Since both these appeals arise out of the same award passed by the Motor Accident Claims Tribunal, they have been disposed of by this common order. A few facts relevant in deciding these appeals are: On 30.6.1982 when the deceased was going on his two-wheeler scooter near the Khyber Pass at about 9:15 p.m. he was hit from behind by a DTC bus which fled away from the scene after hitting the deceased. As a result of the accident, the deceased received injuries, which proved to be fatal. One Mr. Anil Mittal who was stated to be going behind the deceased on his motorcycle having witnessed the accident made a report about the same to the police and after investigation an FIR was registered. The driver of the DTC bus was arrested and the case, I am informed, is pending against the driver of the bus for his having caused death by rash and negligent driving. The appellants who are the wife and children of the deceased filed an application before the Motor Accident Claims Tri...
Tag this Judgment!Court : Delhi
Decided on : Jan-07-2003
Reported in : 2003IVAD(Delhi)666; 104(2003)DLT757; 2003(68)DRJ488
..... 's case (supra), the division bench of this court was of the view that a circular issued by the cbdt in , terms of section 119 of the income-tax act directing income-tax authorities to accept the certificate of residence issued by the authorities of mauritius as sufficient evidence as regards status of residence and ..... of other relevant material available for determination of the rateable value. the assessing authority has to proceed in accordance with the rules and regulations as also the act for determination of the rateable value. the assessing authority is duty-bound to consider the primary evidence consisting of the sale deed in question and other ..... is for the assessing authority to go into the genuineness and validity of a document and to see the nature of the transaction. since the income-tax act does not contemplate conclusiveness of a certificate of residence granted by the mauritius tax authorities, merely production of a residential certificate issued by the said authority .....
Tag this Judgment!Court : Delhi
Decided on : Feb-07-2003
Reported in : 2003IIAD(Delhi)109; 103(2003)DLT105; 2003(68)DRJ21; 2003(3)SLJ383(Delhi)
..... petitioner's uprightness, not towing the line of action with the commanding officer, the petitioner was given lukewarm acr in revenge. it was contended that the selection board acted in violation of the well-settled law laid down by the supreme court that selection boards will not take cognizance of any uncommunicated adverse remarks which disturbed the overall ..... years. this has been done without assigning any reason and communication of any weak or adverse remark to the appellant. the down grading of acr of the appellant has acted adversely in case of the appellant as he has not been approved for promotion to the rank of lt. colonel.4. counsel for the petitioner contended that if ..... proceedings of the selection board of the year 1987. in such a situation, it was neither possible for the high court, nor is possible for this court to act as a court of appeal against the decision of the selection board, which has been vested with the power of selection of an officer for being promoted to the .....
Tag this Judgment!Court : Delhi
Decided on : Apr-01-2003
Reported in : AIR2004Delhi74; 105(2003)DLT293; 2003(27)PTC18(Del); 2003(3)RAJ119
..... of them, as the case may be, bearing in mind the provisions of section 12(3) of the act. the court held that in the circumstances, it was appropriate not to grant injunction in favor of either of the parties and directed to ..... of the defendant are registered trademarks and the applications made by both the sides are pending consideration/inquiry before the registrar of trademarks under the trade & merchandise act, 1958. prima facie, there is some evidence to show the prior user of the trademark `rivox' by the plaintiff in relation to his antibiotic medicinal preparation ..... identical trademark. in that case also, the appellant and respondent both had applied for registration of their respective trademarks before the registrar under the trade & merchandise act, 1958 and the respective rights of the parties will have to be investigated by the trademarks registry and appropriate registration granted to either of them or both .....
Tag this Judgment!Court : Delhi
Decided on : Mar-31-2003
Reported in : 2003IIIAD(Delhi)581; 104(2003)DLT177; 2003(70)DRJ118
..... were offered by it to people belonging to different income groups styled as lower income group, middle income group and higher income group as well as economically weak sections. cost of each categories of flats was mentioned in the brochure issued by the authority. thereafter the authority revised the cost of those houses/flats and the ..... apart from the observations and the findings recorded in d.d.a.'s case (page 126) extracted above, that a public body entering in the realm of contract acts merely in its executive capacity and thereafter the relations are no longer governed by constitutional provisions but by contract, which apply in this case as even otherwise, what ..... the costing,30. it would be appropriate to take stock of these judgments in order to find out the parameters available to this court within which it has to act while exercising of its power of judicial review over such a function of the respondents.31. in bareilly development authority and anr. v. ajai pal singh and ors .....
Tag this Judgment!Court : Delhi
Decided on : Dec-19-2003
Reported in : 2004(73)DRJ23; 2004(3)SLJ15(Delhi)
..... these type of cases. it is seen that the cbi had investigated and recommended that the evidence was not strong enough for successful prosecution of the appellant under section 5(1)(e) of the act. it had, however, recommended to take disciplinary action. no doubt, much time elapsed in taking necessary decision at different levels. so, the delay by itself cannot be .....
Tag this Judgment!Court : Delhi
Decided on : Jan-07-2003
Reported in : AIR2003Delhi146
..... : [1981]1scr746 . this was a case where new delhi municipal committee was superseded by the lt. governor in exercise of powers under section 238 (1) of the punjab municipal act. the main contention of the appellant in challenge was that the order of supersession was passed in complete violation of the principles of natural justice ..... a show cause notice, the same is distinguishable on facts. in kamlesh aggarwal's case, an fir had been duly registered and a charge-sheet under sections 406/420, ipc had been filed against kamlesh aggarwal after due investigation. not only this, kamlesh aggarwal had remained in custody for a period of nearly ..... petitioner had approached an officer of the department of defense production and supply with an offer of bribe (cash payment). indulgence in corrupt practices attracted provision of section 21 of the general conditions of contracts . this being breach of conditions of contract, the supply order was cancelled with the approval, of the competent authority .....
Tag this Judgment!Court : Delhi
Decided on : Mar-18-2003
Reported in : 2003IIIAD(Delhi)694; 104(2003)DLT601
..... inspection, the petitioner no. 2 was arrested on the same day i.e. 10.6.2001 and an fir was lodged by the crime authorities under section 120 and section 420, ipc against him.4. on the basis of aforesaid alleged irregularities as found in the investigation, the respondent no. 2 terminated the dealership of the ..... extent on the fact and circumstances of that case, the framework of the statute under which the enquiry is held. the old distinction between a judicial act and an administrative act has withered away. even an administrative order which involves civil consequences must be consistent with the rules of natural justice. expression 'civil consequences' encompasses in ..... interstices and unless specifically excluded principles of natural justice have to be applied. even if a statute is silent and there are no positive words in the act or rules spelling out the need to hear the party whose rights and interests are likely to be affected, the requirement to follow the fair procedure before .....
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