Court : Delhi
Decided on : Jul-06-2006
Reported in : 2007CriLJ76; 2006(90)DRJ303
..... to mr. nigam, if only these two dates are taken into account then the notice was issued beyond the period of 15 days stipulated under section 138(c) of the negotiable instruments act, 1881. on the other hand, he submitted that if it is established that the complainant received the information by virtue of the handing over of ..... a witness from the said bank and no request having being made by the counsel for accused during his cross-examination for its production. accordingly, the application under section 91, cr. p. c. is dismissed.xxx xxx xxx xxx11. the contention put forward by counsel for accused is not acceptable as the complainant while deposing in ..... return register is linked up with the question of recalling of the complainant for further cross-examination. the learned metropolitan magistrate has rejected the applications of the petitioner under section 91, cr. p. c. on the premises that as the cw 2 has deposed on. oath that there is no cheque return register then there would .....
Tag this Judgment!Court : Delhi
Decided on : Mar-23-2006
Reported in : 2006(88)DRJ654
..... rules and orders of the central government as amended from time to time in terms of sub-section (4) of section 12 a of the act, shall retire on the last date of the month, on which he attains the age of 60 years.(2) notwithstanding anything contained in clause (1): the appropriate ..... last date of the month in which he attains the age of 58 years. provided that a category iv employee who has been transferred to the corporation under section 12 a of the act and who has opted to be governed by leave, provident fund, retirement or other terminal benefits admissible to the employees of the central government in accordance with the .....
Tag this Judgment!Court : Delhi
Decided on : Sep-29-2006
Reported in : AIR2007Delhi53; 2006(4)ARBLR40(Delhi); 136(2007)DLT101; 2007(98)DRJ556
..... s.c.c 419.23. dealing with the aforesaid alternative prayer of the plaintiff, it is deemed expedient to refer at the outset to section 2(e) of the arbitration and conciliation act, 1996. section 2(e) which gives the definition of 'court' explicitly states that 'court' means a court which has jurisdiction to decide the questions ..... proceedings referred to in the arbitration agreement was at new delhi, and hence this court has jurisdiction to treat the suit as a petition under section 9 of the arbitration & conciliation act, 1996. counsel for the defendant, on the contrary, seeks to urge that the situs of arbitration is wholly irrelevant for the purpose of ..... adverting to the question whether the suit property in the instant case constitutes immovable property, the definition of immovable property as set out in section 3(26) of the general clauses act, 1897 is significant and reads as follows:3(26). immovable property shall include land, benefits to arise out of land, and things attached .....
Tag this Judgment!Court : Delhi
Decided on : Oct-10-2006
Reported in : IV(2006)BC548; [2007]137CompCas251(Delhi); 133(2006)DLT712; 2006(91)DRJ453
..... of, the central government, and includes-----(1) any premises belonging to, or taken on lease by, or on behalf of-----(i) any company as defined in section 3 of the companies act, 1956 (1 of 1956) in which not less than fifty-one per cent of the paid-up share capital is held by the central government; and(ii) ..... recovery of alleged amount on account of other transaction between the petitioner and the respondents and thereforee the estate officer erred in issuing notice under the section 7 of the public premises act, 1971 which is without jurisdiction and liable to be quashed.21. for these reasons rule is made absolute and the writ petition is allowed and ..... from the 'public premises' by way of a summary procedure.20. the petitioner is not an unauthorized occupant of the public premises for the purposes of section 7 of the public premises act, 1971 and consequently the jurisdiction of the estate officer can not be invoked. in the facts and circumstances no order for payment of arrears of rent .....
Tag this Judgment!Court : Delhi
Decided on : Jul-28-2006
Reported in : 2006CriLJ4113; 132(2006)DLT52; 2006(92)DRJ225
..... available to the detenu with regard to the several transactions carried out by him through the benami firms. above all, the statements under section 108 of the customs act of the petitioner and his associates which alone provide sufficient material before the detaining authority to pass the detention order.14. coming to the ..... petitioner and the persons being shown as proprietors of the respective firms were in fact employees or retainers of the petitioner. the statements under section 108 of the customs act, which are descriptive and comprehensive even with regard to the manner of how the tourists were contacted and currency purchased. the grounds of ..... benefits.(v) it is significant that petitioner, his brother arun dogra and ajay dogra as also other associates made their voluntary statements under section 108 of the customs act giving complete description of the manner and methodology of the transactions carried out through various firms. the associates also accepted that the firms were .....
Tag this Judgment!Court : Delhi
Decided on : Jan-24-2006
Reported in : II(2006)BC57; [2007]135CompCas86(Delhi); (2006)6CompLJ485(Del); 127(2006)DLT576; [2006]72SCL256(Delhi)
..... or make such modifications in the compromise or arrangement as it may consider necessary for proper working of the compromise or arrangement. in fact, sub-section(2) of section 392 of the act confers the wide powers on the court. after the scheme is sanctioned if the court is of the opinion that the scheme cannot be worked ..... re, reported as [2004] comp cas 637(karn), the karnataka high court has laid down the position of law in the following terms:- para 44 section 391(2) of the act has been enacted so as to ensure that compromise or arrangement should receive substantial support from the creditors/shareholders. it is for this purpose that a twofold ..... dcm financial services limited, ca no. 399/2001 order dated 14th march, 2001 wherein this court had stayed the criminal proceedings under section 391(6) of the companies act, 1956.26. section 391(6) of the companies act reads as follows:-391. power to compromise or make arrangements with creditors and members -1) x x x ...(6) the court .....
Tag this Judgment!Court : Delhi
Decided on : Jul-03-2006
Reported in : IV(2006)BC441; 2006(2)CTLJ12(Del); 131(2006)DLT477; 2006(90)DRJ480
..... which in effect seeks to curtail the period of limitation and prescribes a shorter period than that prescribed by law would be void as offending section 28 of the contract act. that is because such an agreement would seek to restrict the party from enforcing his right in court after the period prescribed under the agreement ..... ; it was held that an agreement which curtails the period of limitation and prescribes a shorter period than prescribed by law would be void as offending section 28 of the contract act. this was so because such an agreement would seek to restrict a party from enforcing his right in court after the period prescribed under the agreement expires ..... guarantees if not, its effect issue no. 4 whether the defense of the defendant no. 2 of invocation beyond time is barred by the amended section 28 of the contract act.43. the question as to whether the bank guarantee was invoked within the time prescribed becomes extremely crucial. the controversy really relates to the two .....
Tag this Judgment!Court : Delhi
Decided on : Jan-31-2006
Reported in : 2006(32)PTC285(Del)
..... of proceedings.6. prima facie on the strength of the above observations no proceedings are maintainable before the registrar, trade marks, either under section 57(2) or section 127(c) of the trade marks act, 1999. in any event it is not open to the respondents to dictate to the petitioner which remedy it should avail of. if ..... in any way, relate to the pending proceeding, will have to be initiated before and taken up by the registrar and high court will act as the appellate authority of the registrar under section 109. it is obvious that if the proceedings are pending before the high court, the registrar will keep his hands off and not touch ..... and pursue appeal/rectification application which it has already filed. secondly, the petitioner can avail the remedy of a review as contemplated by sections 57(2) and 127(c) of the trade marks act. he also contends that while the contesting respondents have no objection to the withdrawal of the writ petition with liberty to pursue the relief .....
Tag this Judgment!Court : Delhi
Decided on : May-11-2006
Reported in : IV(2006)BC482; 131(2006)DLT360
..... harassment to the plaintiff and were making false reports in regard to the product of the plaintiff. in furtherance to these acts, a notice was issued by defendant no. 4 on 16.11.89 under section 124 of the customs act, 1962. to this show cause, reply was submitted by the plaintiff. the goods of the plaintiff were confiscated and the ..... material on record, i am of the opinion that no doubt there is no provision in the customs act, 1962 to give interest on the refunded amount except when the case of the applicant is covered under section 27-a of the customs act. however, keeping in view the principle laid down in the authority cited above, i am of the ..... to the judgment of the supreme court in the case of ramlal and ors. v. rewa coalfields ltd. : [1962]2scr762 wherein the court held as under:in construing section. 5 it is relevant to bear in mind two important considerations. the first consideration is that the expiration of the period of limitation prescribed for making an appeal gives rise .....
Tag this Judgment!Court : Delhi
Decided on : Jul-17-2006
Reported in : 2007(3)ARBLR353(Delhi)
..... the public in the administration of justice.55. thus, we are clearly of the opinion that the contemners are guilty of criminal contempt as defined under section 2(c) of the act.67. before parting with this case, we may add:judiciary is the bed rock and handmaid of orderly life and civilised society. if the people ..... does not have the territorial jurisdiction to entertain the present petition.26. the petitioner has also concealed the fact of having filed a petition under section 9 of the arbitration and conciliation act, 1996 at mumbai. this certainly amounts to concealment of a material fact in the circumstances noticed above. the entire conduct of the petitioner in ..... of this court at delhi, the petitioner had filed an arbitration petition no. 529/2004 before the high court of judicature at bombay under section 9 of the arbitration and conciliation act, 1996 in respect of the disputes and differences which are the subject matter of the present case. in this petition also reliance was placed .....
Tag this Judgment!