Court : Delhi
Decided on : Mar-31-2003
Reported in : 2003IIIAD(Delhi)581; 104(2003)DLT177; 2003(70)DRJ118
..... were offered by it to people belonging to different income groups styled as lower income group, middle income group and higher income group as well as economically weak sections. cost of each categories of flats was mentioned in the brochure issued by the authority. thereafter the authority revised the cost of those houses/flats and the ..... apart from the observations and the findings recorded in d.d.a.'s case (page 126) extracted above, that a public body entering in the realm of contract acts merely in its executive capacity and thereafter the relations are no longer governed by constitutional provisions but by contract, which apply in this case as even otherwise, what ..... the costing,30. it would be appropriate to take stock of these judgments in order to find out the parameters available to this court within which it has to act while exercising of its power of judicial review over such a function of the respondents.31. in bareilly development authority and anr. v. ajai pal singh and ors .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Mar-31-2003
Reported in : (2003)86ITD572(Delhi)
..... outset, a distinction has to be drawn between the proceedings before a special bench, a division bench and lastly those before a third member pursuant to a reference under section 255(4). in the first two, it is the hearing on the question posed and the grounds raised respectively and the entire issue is open before the bench whereas ..... of the assessee as also the ld. departmental representative appearing on behalf of the revenue. the submissions of the three parties are as under:- 1. that the provisions of section 255(3) and 255(4) did not say anything about intervention and even the appellate tribunal rules did not speak of intervention before a special bench but the appearance ..... the disposal of the appeal by the tribunal was to be in accordance with the provisions of the i.t. act and procedures which were contrary to the relevant provisions of law cannot be laid down. in referring to the provisions of sections 253(1), (2) and 254(1) it was sought to be highlighted by the ld. dr that the .....
Tag this Judgment!Court : Delhi
Decided on : Apr-01-2003
Reported in : AIR2004Delhi74; 105(2003)DLT293; 2003(27)PTC18(Del); 2003(3)RAJ119
..... of them, as the case may be, bearing in mind the provisions of section 12(3) of the act. the court held that in the circumstances, it was appropriate not to grant injunction in favor of either of the parties and directed to ..... of the defendant are registered trademarks and the applications made by both the sides are pending consideration/inquiry before the registrar of trademarks under the trade & merchandise act, 1958. prima facie, there is some evidence to show the prior user of the trademark `rivox' by the plaintiff in relation to his antibiotic medicinal preparation ..... identical trademark. in that case also, the appellant and respondent both had applied for registration of their respective trademarks before the registrar under the trade & merchandise act, 1958 and the respective rights of the parties will have to be investigated by the trademarks registry and appropriate registration granted to either of them or both .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Apr-01-2003
Reported in : (2003)(110)LC126Tri(Delhi)
..... process undertaken by them on the raw materials do not amount to manufacture. once the process of manufacture takes place. central excise duty is leviable under section 3 of the act irrespective of the fact that the goods after being manufactured fall in the same heading. in fact, the learned advocate himself mentioned that under the ..... decision in the case of madras petro chem ltd. v. commissioner of central excise wherein the supreme court has upheld the invocation of proviso to section 11a of the central excise act as under the self removal procedure, the primary obligation of an assessee is to make proper declarations and entries in rgi, fate passes and ..... the board that quite a lot of unnecessary litigation and avoidable work is created by indiscriminate issue of show cause notices invoking the proviso to section 11a of the central excise act even when there is no fraud or misdeclaration, etc., for example where there has been an established practice well within the knowledge of the .....
Tag this Judgment!Court : DRAT Delhi
Decided on : Apr-02-2003
Reported in : III(2005)BC231
..... in the light of the observations contained in this order.20. the learned counsel for the appellants also contends that the provisions of subsection (8) of section 19 of the act have retrospective operation, but the same is questioned by the learned counsel for the respondent-bank. it will be open to the appellants and respondent-bank to ..... same effect.10. the provisions of order 8 rule 6-a of the civil procedure code in this regard are the same as the provision contained in sub-section (8) of section 19 or the act. therefore, these decisions, though rendered with reference to the provisions of the code of civil procedure, apply with equal force to a case arising ..... under sub-section (8) of section 19 of the act. therefore, the contention of the learned counsel for the respondent-bank that the counter-claim should have been made on the 1st hearing, and in .....
Tag this Judgment!Court : Delhi
Decided on : Apr-03-2003
Reported in : 2003IIIAD(Delhi)254; 104(2003)DLT529; 2003(68)DRJ416
..... village sukhwa, koti, pritipura and naya kahera, pargana and tehsil jhansi, district jhansi, uttar pradesh on which the plaintiffs have set up the plant to manufacture industrial explosive. and 4. this hon'ble court may further pleased to declare that the plaintiffs have suffered a loss of rs. 81,40,000.00 (rupees eighty one ..... perspicuous judgment his lordship has considered all the precedents on the issue. it is apparent, however, that the attention of the court was not drawn to section 5 of the indian contract act. this interesting question has also been cogitated upon by the hon'ble supreme court in abc laminart vs. a.p. agencies, : [1989]2scr1a , ..... the contract comes into existence. it stipulates that the proposal can be revoked till such time as its acceptance is not complete as envisaged in the preceding section. section 5 further accepts and preserves right of the acceptor to revoke his acceptance at any time before the acceptance reaches the proposer. if this right of revocation .....
Tag this Judgment!Court : Delhi
Decided on : Apr-03-2003
Reported in : 2003IIIAD(Delhi)285; 104(2003)DLT166; 2003(68)DRJ611
..... provided that the dda reserves the right to change the facilities and specifications shown in the various plans and text.9. learned counsel further contends that section 11-a of the act only refers to the master plan and the zonal development plan which undoubtedly have a statutory character and are required to be modified in terms of the ..... that the said allotments could not have been made without following the due process of law of modification of the plan under section 11a of the delhi development act, 1957 (hereinafter referred to as 'the said act').6. learned senior counsel further contends that the parks are the breathing spaces for a colony in the congesting urbanisation taking place ..... or the zonal development plan.20. i am unable to accept the contention of the learned counsel for the petitioner that section 11-a of the act will also apply to the lay-out plan. the section itself makes it applicable only to the master plan and the zonal development plan. the lay-out plan of the area .....
Tag this Judgment!Court : Delhi
Decided on : Apr-03-2003
Reported in : 3(2003)CCR57; 105(2003)DLT27; II(2003)DMC108; 2003(2)JCC1161; 2003RLR543
..... the time of arguments which is clear from the fact that despite opposition, the petitioner was granted anticipatory bail vide order dated 7.3.2000. section 10 of the act which empowers the high court to punish contempt of subordinate courts reads as under:10. power of high court to punish contempts of subordinate courts--every ..... -statements of facts were intended to interfere/obstruct the course of justice which amounts to criminal contempt within the meaning of section 2(c) of the contempt of courts act, 1971, which reads as under:(2) definitions--in this act, unless the context otherwise requires,-- '(c) 'criminal contempt' means the publication (whether by words, spoken or written, ..... provisions of indian penal code in appropriate proceedings. high court could not take cognizance of such contempt in view of the proviso to section 10 of the act.6. for these reasons, impugned order cannot be said to suffer from any legal infirmity. thereforee, this revision fails and is hereby dismissed. .....
Tag this Judgment!Court : Delhi
Decided on : Apr-08-2003
Reported in : 2003IVAD(Delhi)669; 105(2003)DLT351; 2003(69)DRJ323
..... either the president or lt.governor is the competent authority.3. allegation in relation to the said public functionary in capacity is the one specified in section-2(b) of the act. 15. in the instant case l-2 license was granted by the commissioner of excise i.e. respondent no. 3 to delhi state civil ..... functioning of the institution of lokayukata to inquire into the allegations against public functionaries in the national capital territory of delhi and for matters connected therewith. section 7 of the act delineates the matter which can be inquired into by the lokayukta or upalokayukta and reads as under:-'7. matter which may be inquired into by lokayukta ..... ; (v) a member of the municipal corporation of delhi as defined in clause 2(27) of the municipal corporation act,1957 (as amended in 1993):a conjoint reading of section-2(b), section-2(m) and section-7 would clearly indicate that the lokayukta has power to proceed to inquire against public functionaries in respect of those allegations, .....
Tag this Judgment!Court : Delhi
Decided on : Apr-10-2003
Reported in : 105(2003)DLT605; 2003(71)DRJ709; 2003(89)ECC412; 2004(167)ELT270(Del)
..... make orders and announce export and import policy. exim policy 1997-2002 has been announced by the central government in exercise of powers contained in section 3 of the act. section 7 of the act stipulates that no person shall make any import of export under ie code no. granted by the dgft or the officer authorised by the ..... director general or the licensing authority has to do so for good and sufficient reasons to be recorded in writing. (f) not only this, sub-section (5) of section 9 of the act provides for remedy of appeal against an order refusing to grant, or renew or suspending or cancelling a license. 14. coming to the nature of advice ..... provides that no export or import shall be made by any person without an importer-exporter code unless specifically exempted.12. in exercise of powers conferred by section 19 of the act, the central government has framed foreign trade (regulations) rules 1993 (for short `the rules'). these rules state in detail the procedure for grant of license .....
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