Court : Delhi
Decided on : Mar-09-2006
Reported in : 2007(97)DRJ189
..... the decree by way of attachment and sell the property and doctrine of lis pendens by virtue of section 52 of the transfer of property act (hereinafter referred to as the act, for short) was applicable. section 52 of the act is clearly not applicable as the immovable property was not the subject matter of the suit, which was ..... where a transferor purchases the property in good faith and for consideration. to declare a transaction to be hit by section 53 of the act, court has to reach a definite and conclusive finding that section 53 is applicable. for this parties must be given an adequate and a fair opportunity to lead and prove their case ..... for recovery of money. section 52 of the act applies where a right to an immovable property is directly and specifically in question. section 53 of the act is applicable where transfer of immovable property is made with the intent to defeat or delay the creditors. section 53 requires that immovable property should be transferred .....
Tag this Judgment!Court : Delhi
Decided on : Dec-18-2006
Reported in : 2009(93)DRJ145
..... dated 18-12-2006 we have reversed the acquittal of accused siddharth vashisht @ manu sharma, who was tried for the commission of offences punishable under sections 302 ipc, 201/120b ipc and section 27 of the arms act. he has been held guilty in appeal for all these offences. the acquittal of accused amardeep singh gill @ tony gill and vikas yadav, both ..... before he was granted bail during which time he has shown exemplary behavior. he prays that he be dealt with under the provisions of section 360 cr.p.c. and/ or section 4 of the probation of offenders act, 1958.3. counsel appearing on behalf of respondent no. 2 vikas yadav contends that vikas yadav is a young man of 28 years ..... years of imprisonment. we also sentence him to four years imprisonment and a fine of rs. 2,000/- and in default three months imprisonment for the offence under section 27 arms act. we also sentence him to imprisonment for four years together with a fine of rs. 2,000/- and in default three months of imprisonment under .....
Tag this Judgment!Court : Delhi
Decided on : Mar-10-2006
Reported in : [2006]4CompCas401(Delhi); 128(2006)DLT180; 2006(92)DRJ258
..... , with the objective of notifying fresh dates and areas; andnow, thereforee, in exercise of the powers conferred by sub-section (1) of section 4a, read with section 9 of the cable television networks (regulation) act, 1995 (7 of 1995), the central government, having been satisfied that it is necessary in public interest so to ..... the general consumers need to be resolved for a meaningful implementation of cas;and whereas it has also been observed that the provisions of section 4a of the act have not been uniformly implemented on ground, thereby resulting in illegalities;and whereas the hon'ble high court, in its order dated the ..... issued by the central government ostensibly in exercise of powers seen to have been conferred by sub-section (1) of section 4a read with section 9 of the cable television networks (regulation) act, 1995 (hereafter referred to as `the cable act', for brevity). that notification attempted to indefinitely defer the implementation of the conditional access system .....
Tag this Judgment!Court : Delhi
Decided on : Apr-25-2006
Reported in : 2006(88)DRJ856
..... his sentence. a division bench of this court, thereupon, directed that the present writ petition would be treated as a request to the director general under section 130 of the act and decision shall be rendered by the director general within three weeks thereon which shall be communicated to this court. pursuant to the orders of this court ..... of the transaction which resulted in his death, in cases in which the cause of that person's death comes into question, becomes admissible under section 32 of the evidence act. such statement made by the deceased is commonly termed as dying declaration. there is no requirement of law that such a statement must necessarily be ..... 17. a perusal of the court martial record further reveals that, as a matter of fact, the petitioner himself voluntarily gave a signed statement under section 48(3) of the act that there was a scuffle between him and the deceased during which they both took up dandas for hitting each other. this statement is also referred .....
Tag this Judgment!Court : Delhi
Decided on : Oct-16-2006
Reported in : (2006)206CTR(Del)157; [2007]288ITR52(Delhi)
..... of 2003 on the subject of 'computation of income from international transaction having regard to arm's length price - reference to transfer pricing officer under section 92ca of the act.' this instruction provided, inter alia, that 'wherever the aggregate value of international transaction exceeds rs. 5 crores, the case should be picked up for ..... power to be used only in the manner and subject to the conditions stipulated in the provision. in the context of a similar phrase occurring in section 245e of the act permitting the settlement commission to reopen proceedings where it thinks it 'necessary or expedient', the hon'ble supreme court in cit v. paharpur cooling towers ..... of the legal position, the question of the cbdt's binding instruction being contrary to the statute does not arise. the instructions are consistent with section 119 of the act and thereforee not contrary to any of the decisions cited including azadi bachao andolan (supra), yum restaurants india pvt. ltd. (supra) and m. .....
Tag this Judgment!Court : Delhi
Decided on : Oct-05-2006
Reported in : 2007(98)DRJ679
..... no. 6. the petitioner placed reliance on the report of the chartered accountant m/s. singh k.v. gupta and company forming part of audit report under section 12a9(b) of income tax act where it was observed that the working of respondent no. 6 is unacceptable as the same is arbitrary, illegal and in contravention of bye laws of the society ..... information it is not possible for us to verify whether the income or property of the samaj has utilized for the benefit of the persons referred to in section 13(3) of income tax act, 1961. we have relied only on the certificate of the secretary in this regard that no person as referred above have derived any benefit from the use ..... and ors. jt 1988 (2) sc 236, the order of the high court allowing the writ petition purporting to act under order viii rule 10 of code of civil procedure was set aside holding that the high court ought to have appreciated section 141 of the code read with explanationn thereto. a division bench of this court in 2005 (54) drj 647 .....
Tag this Judgment!Court : Delhi
Decided on : Sep-13-2006
Reported in : 2006(3)ARBLR610(Delhi); 2006(91)DRJ370
..... company in the area of operation.6.5 transportation charges:all actual costs incurred for transportation of contractors units tools, equipment, spare parts, supplies and explosives, when imported into the country for the commissions exclusive service from contractors point of origin i.e. houston, dubai, singapore, etc. to the contractors ..... or an arbitral tribunal ignores a well recognized principle of interpretation, such an award would be against public policy within the meaning of section 34 of the arbitration and conciliation act 1996, as understood and interpreted in saw pipes case (supra), thus calling for interference.48. the fundamental error committed by the majority ..... having identified my adjudicatory power to deal with the issue at hand in relation to the jurisdiction which i am exercising under section 34 of the arbitration and conciliation act 1996 and additionally noting the process of reasoning adopted by the majority and the dissenting opinion, i think my first and foremost .....
Tag this Judgment!Court : Delhi
Decided on : Sep-14-2006
Reported in : 2006(91)DRJ239
..... 26.04.2005 which would clearly make him a juvenile within the meaning of the juvenile justice (care and protection of children) act, 2000 (hereinafter referred to as the said act) inasmuch as the word 'juvenile' has been defined in section 2(k) as a person who has not completed the 18th year of age,3. i have heard the learned counsel for ..... apparent that the age of the petitioner would be less then 18 years and, he would, therefore, fall within the definition of the word 'juvenile' as appearing in the said act.4. however, the learned additional sessions judge thought otherwise and came to the following conclusion:7. shabnam and safiq detailed that date of birth of shehzad was recorded in school .....
Tag this Judgment!Court : Delhi
Decided on : Apr-25-2006
Reported in : 129(2006)DLT806; 2006(90)DRJ203; [2006(110)FLR719]; 2007(1)SLJ531(Delhi)
..... absence, the employer could terminate the services in terms of letter of appointment. the court held that such a termination would be covered by clause (bb) of section 2(oo) of the act and, thereforee, section 25f would have no application. in 2002 (5) scc 646 entitled haryana state f.c.c.w. store ltd. v. anr. v. ram niwas and ..... their appointment had expired. it was held that such disengagement was in terms of the contract of service and, thereforee, not 'retrenchment' within the meaning of section 2(oo) of the act. in these circumstances, the workman was held not entitled to any relief. in these circumstances, in the light of the principles laid down by the apex court ..... workman had worked for 240 days in a year inasmuch termination of services of the workman did not constitute retrenchment in view of clause (bb) in section 2(oo) of the act. the termination of the services of the workman was in accordance with the stipulation contained in his contract which is to be found in his letter of .....
Tag this Judgment!Court : Delhi
Decided on : Apr-20-2006
Reported in : 129(2006)DLT423; 2006(32)PTC656(Del)
..... .19. quite apart from that, as a result of the wto trips agreement, india has passed the geographical indications of goods (registration and protection) act, 1999. section 2(e) of the act defines geographical indication in the following words: -2(e) 'geographical indication', in relation to goods, means an indication which identifies such goods as agricultural ..... area and is used upon or in relation to particular goods originating from that country, region or locality, as the case may be;20. section 20(1) of the act prohibits any person from instituting any proceedings to prevent or to recover damages for the infringement of an unregistered geographical indication. however, this does not ..... distilled and matured in scotland) as conforms to a definition of scotch whisky contained in an order made under this subsection by the ministers. 7. section 1 of the act makes it unlawful to produce in scotland, or to keep in scotland for the purposes of maturation, or to keep or use in scotland for the .....
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