Court : Delhi
Decided on : Mar-30-2006
Reported in : II(2006)ACC348; 129(2006)DLT115
..... in the matter, thereforee, must be held to be mandatory. in other words, the proviso, appended to sub-section (4) of section 88 of the act, must be read conjointly with sub- sections (5) and (6) of section 88 thereof and, consequently, it must be held that by necessary implication agreements are contemplated for creation of inter-state ..... that the state transport authority of one state would have no jurisdiction to entertain an application for grant of an inter-state route, particularly when section 80 of the act will have no application in relation thereof unless an agreement in entered into by the state concerned.13. a purposive and meaningful construction, it is ..... transport authority, kerala (2004) 11 scc 207, the relevant paragraphs of which read thus:12. furthermore, the definition of 'route', as contained in section 2(38) of the act means a line of travel which specifies the highway which may be traversed by a motor vehicle between one terminus and another. thereforee, before an inter- .....
Tag this Judgment!Court : Delhi
Decided on : May-26-2006
Reported in : 2006(89)DRJ626
..... similar petitions on the ground of unexplained delay and laches for the silence of the petitioners in that case between 1985 when the declaration under section 6 of the act was issued and 1988 when balak ram gupta's judgment was delivered. it was submitted that the petitioners, having acquiesced in the proceedings, allowed ..... land acquisition collector had thereafter made a report to the lt. governor who without application of mind mechanically directed the issue of a declaration under section 6 of the act.7. we have heard learned counsel for the parties at considerable length and perused the record.8. on behalf of the petitioners, it was ..... before their lordships was whether the petitioners could be allowed to challenge the validity of the notifications even after publication of a declaration under section 6 of the land acquisition act. the challenge to the acquisition proceedings in that case was primarily on the ground that the preliminary notification did not specify the particular .....
Tag this Judgment!Court : Delhi
Decided on : Sep-01-2006
Reported in : 133(2006)DLT521
..... account for the same. if he fails to account for, he commits misconduct. thereforee, as in a prosecution laid under section 5(1)(e) of the act [equivalent to section 13(1)(e) of 1988 act], a public servant is liable to punishment. the need to make this misconduct expressly a part of enumerated items of misconduct ..... servant cannot satisfactorily account for. thus, pecuniary resources or property disproportionate to his known sources of income is a criminal misconduct. in the 1988 act, an explanationn has been added to section 13(1)(e) to explain that 'known sources of income' means income received from any lawful source and such receipt has been intimated in ..... although under the code under similar circumstances of misappropriation or breach of trust different courts may have jurisdiction, but, under the prevention of corruption act, in respect of the offences under section 13(1)(c) and 13(1)(d) thereof, only the court of the special judge for the areas within which the offence was committed .....
Tag this Judgment!Court : Delhi
Decided on : Jan-23-2006
Reported in : AIR2006Delhi134; 2006(1)ARBLR265(Delhi); 127(2006)DLT766; 2006(87)DRJ225
..... to ensure that the machinery and equipment over which nhai claims a lien is not removed from its possession. it must be remembered that an arbitral tribunal, acting under section 17 can only order a party to the arbitration to take any interim measure of protection in respect of the subject matter of the dispute. the arbitral ..... or the arbitral tribunal during the course of the arbitration proceedings and the parties could approach the court only in terms of section 37 of the act or in terms of section 34 of the act.mr chadha relied heavily on the above conclusion to submit that once the arbitral tribunal is seized of the dispute and in ..... reference to the supreme court decision in the case of md army welfare housing organisation v. sumangal services (p) ltd. : air2004sc1344 that orders passed under section 17 of the said act by an arbitral tribunal are virtually 'toothless' inasmuch as the same are incapable of being enforced. in particular, he referred to paragraph 58 of the said .....
Tag this Judgment!Court : Delhi
Decided on : Mar-17-2006
Reported in : 2006(88)DRJ497
..... advertised or prescribed. the second significant factor which has to be kept in mind is that the pharmacy council has to follow the procedure prescribed under the pharmacy act under section 36 to remove any member's name from the register. nothing on record suggests that such procedure was followed.21. i am of the view that the mere ..... his basic educational qualification certificate and that the delhi pharmacy council by its letter dated 28.4.1999 informed super bazar that under section 32 of the pharmacy act, no person was entitled to be registered as a pharmacist in the register unless he had passed a metriculation examination or an examination equivalent to it. ..... the petitioner was issued with a certificate dated 3.5.1978 by the delhi pharmacy council as per form-f under rule 65(1) read with section 32b of the pharmacy act, 1948 (hereafter 'the act') as amended, in 1976.4. on 3.3.2000, a charge sheet was issued to the petitioner alleging that he had failed to submit .....
Tag this Judgment!Court : Delhi
Decided on : Jan-12-2006
Reported in : AIR2006Delhi226; II(2006)BC473; 127(2006)DLT161; 2006(87)DRJ410
..... cases (dulana dei alias dolena dei v. balaram sahu and two ors. : air1993ori59 ). 35. the plaintiffs have failed to comply with the provisions of section 34 of the act and have failed to ask for a further and necessary relief. the suit normally would be liable to be dismissed. however, in the interest of justice an ..... apply as the further disputes thereto would fall within the jurisdiction of the debts recovery tribunal under the provisions of the debts recovery tribunal act. the provisions of section 34 of the act makes its obligatory upon the plaintiffs to claim further and complete relief and provides for a bar that no court shall make any such ..... issued at meerut and the plaintiffs had already filed an appeal against the said order before the appellate tribunal, but such an appeal cannot be entertained under section 19 of the act, unless 75% of the amount is deposited. to avoid that situation the plaintiffs have malafidely filed the present suit. according to the defendants, the present .....
Tag this Judgment!Court : Delhi
Decided on : Jul-03-2006
Reported in : 132(2006)DLT18; 2006(90)DRJ420
..... is any preponderance of probability of commission of such an offence. thereforee, the court has a degree of latitude in examining an application under section 438 even though section 3 of the sc&st; act is mentioned in the fir or complaint. however, this degree of latitude is within very narrow confines and is limited to examining as ..... accused are even prima faice correct or incorrect. any other interpretation, in our opinion, would go against the letter and spirit of the clear provisions of section 18 of the act of 1989 which has already stood the test of reasonableness and constitutional validity up to the level of the apex court.12. the learned counsel for ..... dispute about the proposition of law that anticipatory bail cannot be availed by the persons, who have committed the offences under the sc/st act. however, merely because a section of the sc/st act mentioned in the fir, by itself cannot be a ground to decline the pre-arrest bail. judicial scrutiny of the documents, is permissible, .....
Tag this Judgment!Court : Delhi
Decided on : Jan-17-2006
Reported in : 127(2006)DLT679
..... petitioner and not the lesser, that is, delhi development authority (dda), which is liable on this account.12. lengthy arguments have been generated viz-a-viz section 120 of the act. what it clarifies is that the lesser shall be primarily liable for payment of property tax; the exceptions have been spelt out in the proviso to the first ..... tax. thereafter, a new building had been erected on the said land during the financial year 1962-63. it was in those circumstances that a notice under section 126 of the act had been issued, indicating that the then existing rv of rs.1450/- was proposed to be increased to rs.21600/-. this changes the entire complexion of the ..... operation, if any property is erected or completed and is sought to be assessed even for the first time, then notice will have to be issued under section 126 of the act and the assessment will be operative from the beginning of the current financial year or the completion of the building, whichever is earlier . the learned judge did .....
Tag this Judgment!Court : Delhi
Decided on : Feb-24-2006
Reported in : (2006)203CTR(Del)550; [2006]283ITR212(Delhi)
..... profits of the eligible undertaking and not on the basis of the profits of the whole business particularly in view of the amendment of sub-section (4) of section 10a of the act with effect from 1.4.2001. it was further submitted on behalf of the petitioners that when the original assessment was done all these ..... thus, the writ petition under article 226 is maintainable.in view of the foregoing discussion, we are of the considered opinion that the notice issued under section 148 of the act for the assessment years 1993-94 and 1994-95 and the entire proceedings taken pursuant thereto are wholly without jurisdiction and hereby quashed.8. having considered ..... been taken in the present writ petition. the second issue is on the merits of the matter. according to the writ petitioners, before proceedings under section 147 of the said act can be initiated, it is imperative that assessing officer must have 'reason to believe' that income chargeable to tax has escaped assessment. this belief must .....
Tag this Judgment!Court : Delhi
Decided on : May-17-2006
Reported in : 130(2006)DLT410
..... light of the judgment of the apex court.31. the respondent in its reply has also placed reliance on the amendment effected to the indian medical council act, 1956 whereby section 13(4)(a) and 13(4)(b) which have been incorporated with effect from 3rd september, 2001.32. having considered the rival contentions and having ..... contempt only after a receipt of a letter from the income tax authorities and initiated the contempt proceedings thereafter. recognising the principles laid down in section 17 of the limitation act, the court held that the period of limitation would commence from the date the information with regard to the contempt having been committed was revealed ..... awarded by this institute known as the md physician is a duly recognised medical qualification under schedule iii, part ii of the indian medical council act, 1956 as per section 13(3) of the enactment.the petitioner has submitted that he was selected under the indo soviet cultural exchange programme and was given a monthly .....
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