Court : Delhi
Decided on : Feb-03-2003
Reported in : AIR2003Delhi252
..... it.'16. let us apply the legal principles enunciated in the foregoing authorities as also the pre-condition, set out before the benefit under section 14 of the limitation act can be claimed. even in the benefit having in good faith and diligently prosecuting the winding up petition is assumed in favor of the plaintiff ..... in the matter. mr. manmohan has rendered valuable assistance in this matter.15. let me notice the legal position with regard to applicability of section 14 of the limitation act, for exclusion of time, especially when exclusion is sought for the period of pendency of winding up petitions.(i) the first judgment to be ..... treated as acknowledgments of liability, extending the limitation, the suits would be within time.7. this brings to fore the question of applicability of section 14 of the limitation act, 1963 in cases where the plaintiff/petitioner institutes petition for winding up of the defendant companies and upon not being successful, institutes suits for recovery .....
Tag this Judgment!Court : Delhi
Decided on : Feb-07-2003
Reported in : 2003IIIAD(Delhi)779; 103(2003)DLT521
..... at this stage itself that petitioners have claimed that rapiscan security products ltd., inc. is the leading developer and manufacturer of multi-energy x-ray and automated explosive detection systems, metal detectors and body scanners and has supplied 7000 systems to customers world wide and thereforee decision of respondent no. 2 to reject the system ..... v. cochin international airport ltd. and others, : [2000]1scr505 :'para 7: the law relating to award of a contract by the state, its corporations and bodies acting as instrumentalities and agencies of the government has been settled by the decision of this court in ramana dayaram shetty v. international airport authority of india, : (1979) ..... of sale and purchase of products and with so many ventures in hand, they can come out with a plea that it is not always possible to act like a quasi-judicial authority while awarding contracts. under some special circumstances a discretion has to be conceded to the authorities who have to enter into .....
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 : Feb-14-2003
Reported in : 2003IIAD(Delhi)672; 103(2003)DLT250
..... the national bank case was being considered in the chancery division, a contention was in terms raised that the scheme was not one under section 206 (section 395 of our companies act). both the contentions are answered in favor of the company proposing the scheme. such a scheme can be said to be a scheme of ..... mandates the transmission of sundry information calculated to assist the shareholders in arriving at an informed and commercially pragmatic decision. 14. it is possible that section 395 of the act is invoked in a scheme of merger or reorganisation of a company between several transferor companies with the transferee company. this scheme may envisage the ..... in respect of the obiter observations, with which i respectfully concur, to the effect that the transferee company is not expected to seek jural approval under section 395 of the act.' ... in the case before me, the scheme is between navjivan and its shareholders and creditors, sponsored by kohinoor and the scheme if sanctioned would .....
Tag this Judgment!Court : Delhi
Decided on : Feb-18-2003
Reported in : 2003IIIAD(Delhi)93; 104(2003)DLT53; 2003(68)DRJ593
..... ground that the said order by permitting compounding of deviation / unauthorised construction is itself a violation of the regulations issued by the respondent/dda under section 57 of the dda act.6.2 the main allegation in this petition is that the flats in basant enclave, new delhi have been allotted by the dda under the delhi ..... ' can be converted into a room. the compounding of this deviation in the submission of the petitioner is a violation of the regulations passed under section 57 of the dda act inasmuch as it provides that the roof terrace cannot be used for his exclusive use.6.4 the petitioner further alleges that by the impugned office ..... these considerations, the central government decided to reject the recommendations of the technical experts' committee constituted in 1998. we find nothing wrong in this. section 41(1) of the delhi development act ,1957 clearly stipulates that the d.d.a shall carry out such directions as maybe issued to it from time to time by the central .....
Tag this Judgment!Court : Delhi
Decided on : Feb-19-2003
Reported in : 2003IIAD(Delhi)341; 2003(2)Crimes62; 103(2003)DLT334; 2003(67)DRJ340; 2003(87)ECC45; 2003(1)JCC358
..... time of deposit in malkhana, but their seals were found broken when produced in the court. {c} this is a case of clear non-compliance of section 42(2) of the ndps act. admittedly, the secret information received by inspector ram kishan malik, pw9 was not sent in writing to any of the senior officials. this creates serious doubt ..... ex. pw5/b. ruqqa ex pw 2/c was sent to the police station, mandir marg for registering a case under section 18 of ndps act against the respondent sant kumar and a case under section 25 of the ndps act against the absconding driver, shiv parshad. head constable yashbir singh was entrusted with the sealed case property and samples along with ..... in charge were given information in writing. no such writing has been produced on record or proved. the court observed that the mandatory provisions of section 42(1) and 42(2) of the ndps act have been violated. 20. the court held that in this case where false implication has been alleged, it was mandatory to cross check the .....
Tag this Judgment!Court : Delhi
Decided on : Feb-21-2003
Reported in : 2003IIAD(Delhi)351; 103(2003)DLT321; 2003(26)PTC349(Del); 2003(2)RAJ86
..... .10. to appreciate the respective contentions, it is necessary to glance through the relevant provisions of section 2(c), section 14(c), section 15 of the copyright act and section 2(d) of the designs act. the said sections are reproduced below for the facility of reference:-'section 2(c) artistic work' means,--- (i) a painting, a sculpture, a drawing (including ..... been reproduced more than fifty times by an industrial process by the owner of the copyright, or, with his license, by any other person.' 'section 2 of designs act' '2. definitions.---in this act, unless there is anything repugnant in the subject or context,--- (d) 'design' means only the features of shape, configuration, pattern, ornament ..... suit on the ground that the author of the said drawings has not been made a party to the present proceedings as required under section 61 of the copyright act. this argument is based on the submission that as per the plaintiff's own showing, they are merely assigns of the copyright and .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Feb-24-2003
Reported in : (2003)87ITD137(Delhi)
..... .3 of cbdt circular no. 779 dated 14-9-1999 reported as 240 itr page 3 (statute) wherein it has been clarified that the amendment by finance act, 1999 in section 9(1)(ii) would apply to assessment year 2000-01 and subsequent assessment years. the legislature has not said that salary for services rendered in india would include ..... co. ltd. v. cit [1954] 26 itr 27 wherein their lordships observed at page 51 as under: the word 'earned' even though it does not appear in section 4 of the act has been very often used in the course of the judgments by learned judges both in the high courts as well as the supreme court (vide cit v. ahmedbhai ..... within four concerns of the taxing provisions.6. before coming to the contention of ld. dr regarding retrospective operation of explanation substituted by finance act, 1999, let us first consider the scope of section 9(1)(ii) as originally enacted and amended from time to time in the light of judicial interpretation. such provisions as originally enacted read .....
Tag this Judgment!Court : Delhi
Decided on : Feb-25-2003
Reported in : 2(2003)ACC549; II(2003)ACC549; 105(2003)DLT245; 2003(69)DRJ76
..... aforesaid reasons, as well as the learned judges in united india insurance co. ltd. (supra), have failed to notice the limited grounds available to an insurer under section 149(2) of the act, we are of the view that the decision in united insurance co. (supra), does not lay down the correct view of law.'3. it is not possible ..... question of maintainability of the appeal, it is evident that the insurance company is not entitled to file any appeal unless and until the provisions of section 110-c (2-a) of the motor vehicles act, 1939 are complied with. this provision read as under:-'110-c. procedure and powers of claims tribunals.-(1) xxx(2) xxx[(2-a) ..... method of considering future prospects has been referred to as 'appropriate' twice, but there is some difference in calculation. i think both the principles can be taken and acted upon depending on the circumstances of each and every case, for it is dependent on the stable income and also possible future prospects. a person may just get one .....
Tag this Judgment!Court : Delhi
Decided on : Feb-25-2003
Reported in : II(2003)ACC556; 2004ACJ1062; 2003VAD(Delhi)537; 105(2003)DLT186; 2003(69)DRJ250
..... aforesaid reasons, as well as the learned judges in united india insurance co. ltd. (supra), have failed to notice the limited grounds available to an insurer under section 149(2) of the act, we are of the view that the decision in united insurance co. (supra), does not lay down the correct view of law.'11. it is not ..... .12. as regards the brothers being treated as legal representatives, learned counsel for the appellant may be justified in making the submission that in terms of section 8 of the hindu succession act brothers are not class i heirs of the deceased. but two views are possible . the view taken by the learned tribunal is based on a trend ..... ultimate death. it was also held on the basis of gujarat state road transport v. raman bai, 1987 acj 561 that the expression legal representatives under section 110 of the motor vehicles act should be taken in a wide meaning and should not be confined to spouse, children and parents of the deceased. accordingly, the claimants were held to .....
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