Court : Delhi
Decided on : Nov-08-2006
Reported in : 2009(93)DRJ693
..... learned additional sessions judge, rejecting the bail application of the petitioner impinges upon the provisions of juvenile justice (care and protection of children) act, 2000, this application for bail is also treated as a petition under section 482 cr.p.c and invoking the inherent powers of this court, i direct that the order is set aside. the matter is ..... is well settled that if the petitioner is regarded as a juvenile, then his bail application would have to be considered in terms of section 12 of the juvenile justice (care and protection of children) act, 2000. on the other hand, if he is to be regarded as an adult and not a juvenile within the meaning of the said ..... little over 17 years of age on the date of the incident, which would be covered under the definition of 'juvenile' as given in section 2(k) of the juvenile justice (care and protection of children) act, 2000.3. the learned counsel for the petitioner as well as the learned counsel for the state were heard. a reading of the .....
Tag this Judgment!Court : Delhi
Decided on : Feb-22-2006
Reported in : 2006(89)DRJ40
..... , inasmuch as, what kind of exhibition of films would violate articles 21 and 25 of the constitution of india or would be against the provisions contained in section 5b of the act of 1952, is no more res-integra and that being so, it would be appropriate to advert to judicial precedents on issue straightaway. hon'ble supreme court ..... or screening of seriall titled 'tamas' in the context of fundamental rights of the petitioner under articles 21 and 25 of the constitution of india as also section 5b of the act of 1952. the petitioner who was a practicing lawyer in the bombay high court, had approached hon'ble supreme court by means of the petition under article ..... portrays the unity of the country cannot be shown in a variety show or a cultural programme of a school as an item. in our considered opinion if section 5a of cinematograph act and rules framed there under, guidelines framed by the central government and art. 51a-(a) of the constitution and above all the apex court decision rendered .....
Tag this Judgment!Court : Delhi
Decided on : Sep-11-2006
Reported in : 133(2006)DLT93; [2006(111)FLR859]
..... examine whether the dispute is ex facie frivolous, not meriting an adjudication.18. thus, at the stage of considering whether to refer a dispute under section 10 id act, the government is not expected to examine minutely whether there are precise pleadings as in a civil suit. in any event the above pleading in para ..... the hon'ble supreme court explained the position thus (air, @ p.1567, para 13):.it is now well settled that, while exercising power under section 10(1) of the act, the function of the appropriate government is an administrative function and not a judicial or quasi judicial function, and that in performing this administrative function the ..... civil) nos. 1712-1715 of 2005 filed by the respondents, against the refusal by the appropriate government to make an order of reference under section 10 of the industrial disputes act, 1947 (`id act'). the learned single judge has directed the secretary, ministry of labour, government of india, respondent no. 6 herein, to make a reference of .....
Tag this Judgment!Court : Delhi
Decided on : Oct-06-2006
Reported in : 133(2006)DLT653; 2006(112)ECC1; 2006LC1(Delhi)
..... properties described in the schedule annexed hereto which are held by you on your behalf are illegally acquired properties within the meaning of clause (c) of sub-section (1) of section 3 of the said act.' (emphasis supplied)27. it is not in dispute that in view of the stay granted by this court, mr. prem mehra did not reply to the ..... the reasonableness vis-a-vis legitimate source of investment in properties owned/possessed' as detailed in the notice dated 4.11.1980 issued to mr. prem mehra under section 6(1) of the act. mrs. mehra on 15.10.2005 filed an application being cm no. 13363/05 in the dismissed w.p. (c) no. 2915 of 1995 challenging the notice ..... all or any of such properties as the case may be should not be declared to be illegally acquired properties and forfeited to the central government under this act.(2) whereas notice under sub-section (1) to any person specifies any property as being held on behalf of such person by any other person, a copy of the notice shall also be .....
Tag this Judgment!Court : Delhi
Decided on : Nov-20-2006
Reported in : LC2007(1)175; 2007(34)PTC81(Del)
..... of the plaintiff is for infringement of copyright in the artistic work. the plaintiff being the owner of 'original artistic work' has exclusive right under section 14(c) of the act to reproduce the said work as under:(i) to reproduce the work in any material form including depiction in three dimensions of a two dimensional work ..... learned counsel appearing for defendant no. 2, dilated on the aforesaid plea taken in the application by contending that the legislative intent in enacting section 52(1)(u)(ii) of the act where certain acts are not to be treated as infringement of the copyright, was manifest inasmuch as when a film is shot many such artistic works, including ..... out these features of the use of the outfit in question in the film, learned counsel submitted that such a use was clearly permissible under section 52(1)(u)(ii) of the act and, thereforee, prayer made in the application should be allowed. 10. the plaintiff has resisted this application and passionate plea was made by learned .....
Tag this Judgment!Court : Delhi
Decided on : Nov-11-2006
Reported in : 2007(93)DRJ483
..... mistake apparent from the record in respect of its earlier order dated 12.7.2002 warranting the exercise by the itat of its power of rectification under section 254(2) of the act, we do not consider it necessary to discuss in detail the cases cited by the counsel for the assessee. we may nevertheless refer to the decision ..... , to that extent, there is a mistake apparent on record. not adjudicating upon a particular ground, though raised in the appeal, constitutes a rectifiable mistake under section 254(2) of the act and hence we recall the order of the tribunal dated 12.7.2002 for the limited purpose of adjudicating upon this particular ground i.e. ground no. 7 ..... of warehousing charges paid to m/s pradeep oil corporation. the ao negatived the plea of the assessee that these were contractual payments warranting tds in terms of section 194-c of the act at 2 per cent. the ao held that 'the composite arrangement is in essence an arrangement for taking the premises on rent. hence, the payment is .....
Tag this Judgment!Court : Delhi
Decided on : Jun-05-2006
Reported in : 130(2006)DLT463; 2006(90)DRJ60
..... not the end, thereforee, by a safe estimation, the petitioner could not be classified as a kingpin for whom the stringent provisions under section 21(c) read with section 37 of the ndps act have been framed. the petitioner has already been in custody for over three and half years, the actual quantity of heroin recovered from ..... referred to as the said notification) issued by the central government in exercise of the powers conferred by clauses (vii-a) and (xxiii-a) of section 2 of the ndps act specifying small quantities and commercial quantities for different narcotic drugs and psychotropic substances. the supreme court concluded:- 17. in respect of opium derivatives (at sl. no ..... found amarsingh and danabhai to be in possession (individually and jointly) of 920 gms and 4.250 kgs of opium and convicted them under sections 17 and 18 read with section 29 ndps act and sentenced them to 5 years ri plus fine of rs 35,000/- each. being aggrieved, both amarsingh and danabhai filed appeals. the .....
Tag this Judgment!Court : Delhi
Decided on : Nov-06-2006
Reported in : [2008]303ITR86(Delhi)
..... order dt. 30th march, 2005, passed by the learned addl. chief metropolitan magistrate, delhi, after cognizance has been taken of the offence punishable under section 276b r/w section 279 of the it act, 1961 in respect of the financial years 2002-03, 2003-04 and 2004-05.2. the short point raised by the learned counsel appearing for the ..... for the petitioners, thereforee, submitted that the liability lies only on the company and the principal officer thereof. the expression 'principal officer' has been defined in section 2(35) of the it act, to read as under:(35) 'principal officer', used with reference to a local authority or a company or any other public body or any aop or ..... the directors will be deemed as agents of the company. however, an agent of the company cannot be equated with the principal officer as defined in section 2(35) of the act. the prosecution of the persons other than the petitioner-company, would, thus, be bad on this short ground alone.in view of the above three rulings .....
Tag this Judgment!Court : Delhi
Decided on : Nov-10-2006
Reported in : I(2007)BC487; (2007)1CompLJ391(Del); 136(2007)DLT355; [2007]75SCL355(Delhi)
..... .9. this court in international caterers pvt. ltd. and and anr. v. manor hotels pvt. ltd. reported at : 122(2005)dlt20 has examined section 433(f) of the act and principles of quasi partnership, deadlock and loss of substratum. the following observations/paragraphs are relevant for the present case:29. even 'just and equitable' ..... to be any possibility of the two groups resolving their disputes and reaching any settlement.(k)the respondent group has itself filed a petition under section 397-398 of the act alleging oppression and mismanagement on the part of the petitioner. in this petition filed before the company law board the respondent group has admitted ..... , in our opinion was right in rejecting the application.33. there is no reason to refer the present winding up petition to arbitration, contrary to section 10 of the act, which gives exclusive jurisdiction to this court. the observations made in paragraphs 38 to 40 in international caterers case (supra) quoted above squarely apply to .....
Tag this Judgment!Court : Delhi
Decided on : Nov-21-2006
Reported in : 137(2007)DLT419
..... other duties as may be assigned to them from time to time. thereforee, the contract was uncertain and vague and contract was hit by section 29 of the indian contract act. (iv) clause 4.1 shows that management had overriding power and every activity was to be done as per directions of the management from ..... from raising this plea. the contractor, engaged by the petitioner, had its affiliation with government of nct and had obtained license under section 12 of the contract labour (regulation and abolition) act 1970. the government of nct thereforee was the appropriate government. it is also submitted that the question of appropriate government is finally settled ..... conclusion about the contract being sham and camouflage on the following basis:(i) the petitioner was not registered under section 7 of the contract labour (regulation and abolition) act, 1970. the contractor had valid license under the act only for a period of one year and five months. he was without license from 1994 till 1.11. .....
Tag this Judgment!