Court : Delhi
Decided on : Jan-12-2006
Reported in : 128(2006)DLT413; 2006(90)DRJ449
..... .(iv) the return of the plaint for want of jurisdiction whether pecuniary or territorial cannot be equated to the transfer of the suit or proceedings either by virtue of section 24 cpc or owing to any other statutory change.3. the background of the passing of the said order is that, initially, the plaint was filed by the ..... makes an attempt to impede or undermine or obstruct the free flow of the unsoiled stream of justice, renders himself liable to be dealt with in accordance with the act and no court should ignore such conduct which has the tendency to for sake public confidence in the judicial institutions. he also referred to the madras high court decision ..... was in consonance and in compliance with the order dated 22.11.2004, implying thereby that the amendments carried out were authorized by this court. according to him, these acts on the part of the plaintiffs amounted to a clear case of contempt. mr. amarjit singh also contended that in is no.3124/2005 filed by the plaintiffs under .....
Tag this Judgment!Court : Delhi
Decided on : Jan-12-2006
Reported in : AIR2006Delhi320; 128(2006)DLT36; 2006(86)DRJ775; (2006)143PLR5
..... the said rule, the court can at an interlocutory stage of the proceedings pass a judgment on the basis of admissions made by the defendant. but, before the court can act upon an admission, it has to be shown that the admission is unequivocal, clear and positive. this rule, as observed by the supreme court, empowers the court to pass judgment ..... badar durrez ahmed, j.1. this is an application filed by the plaintiff under order 12 rule 6 read with section 151 of the code of civil procedure, 1908 seeking the relief that the suit be decreed along with interest as prayed for in the plaint in terms of alleged admissions .....
Tag this Judgment!Court : Delhi
Decided on : Jan-12-2006
Reported in : II(2006)BC323; 127(2006)DLT793; 2006(88)DRJ101; (2006)143PLR33
..... the plaintiff. these cheques were towards the part payment and out of them three were dishonoured upon presentation and the plaintiff filed a complaint under section 138 of negotiable instruments act, which is still pending. three cheques out of the aforestated five cheques were returned to the plaintiff with the remarks `refer to drawer' and ..... defendant before filing the present suit. why plaintiff would not send notice of dishonour of the cheque when plaintiff could even file proceedings under section 138 of the negotiable instruments act, or why plaintiff would not write a single letter or serve notice upon the defendant for payment of the alleged outstanding amount before filing ..... did not return the same and for which an fir was lodged against the plaintiff being fir no. 262/96 in the police station roop nagar under section 406 ipc. according to the defendants, the case of the plaintiff is false and fabricated. there are various litigations pending between the parties wherein claims and .....
Tag this Judgment!Court : Delhi
Decided on : Jan-10-2006
Reported in : 2006CriLJ844; 127(2006)DLT363; 2006(86)DRJ762
..... read with cfsl report, it can be safely concluded that the prosecutrix had been subjected to forced sexual intercourse by the appellant and co-accused, within the meaning of section 376 of ipc. the contradictions, which are sought to be brought up by the defense are immaterial and of no consequence. these are bound to happen when evidence in ..... clearly come that the appellant and the other accused both of them had committed sexual assault, namely, rape. she had also deposed that when one accused was doing wrong act, the other was pointing the screw driver. she also deposed that first rakesh had left the house and thereafter sunil left, which is in conformity with the deposition by ..... both the accused but on being asked, who is rakesh, she had pointed towards the appellant sunil, who is no more. she also did not depose that the act of rape had been committed on her twice. the story regarding the consumption of naphthalene balls in an attempt to suicide, has been found not to be supported by .....
Tag this Judgment!Court : Delhi
Decided on : Jan-09-2006
Reported in : 127(2006)DLT431; 2006(88)DRJ545
..... compensated by award of damages. it cannot, by any stretch of imagination, be said that a person in settled possession, though unlawful, is not entitled to the protection under section 6 of the act. maintenance of law and order, and enthusing confidence in the efficacy of rule of law are condition precedent for orderly society. thereforee, giving primacy, legitimacy or legality to ..... aggressor or mighty would trample upon the rights of the weak and meek and denial of relief under section 6 would put a premium upon the aggression or treachery or tricks. no doubt long delay in disposal of cases due to docket explosion became a ruse to unscrupulous litigant to abuse the due course of law to protract litigation and remain in .....
Tag this Judgment!Court : Delhi
Decided on : Jan-09-2006
Reported in : III(2006)BC67; 2006(1)CTLJ458(Del); 126(2006)DLT391; 2006(86)DRJ735
..... against the unsuccessful party. unfortunately, it has become a practice to direct parties to bear their own costs. in a large number of cases, such an order is passed despite section 35(2) of the code. such a practice also encourages the filing of frivolous suits. it also leads to the taking up of frivolous defenses. further, wherever costs are awarded ..... , ordinarily the same are not realistic and are nominal. when section 35(2) provides for cost to follow the event, it is implicit that the costs have to be those which are reasonably incurred by a successful party except in those .....
Tag this Judgment!Court : Delhi
Decided on : Jan-04-2006
Reported in : 2006(1)ARBLR137(Delhi); 128(2006)DLT619
..... and the contractor had pleaded to the contrary. the dda had chosen not to appear before the arbitrator. thus, it was held that the principles of section 70 of the contract act would apply for a period after the expiry of the period of the contract or the period for which the contract is validly extended under the provisions of ..... of the division bench of this court in delhi development authority v. s.s. jetley, 2001 (1) arb. lr 289. the claim for damages under section 73 and 74 of the contract act was upheld on account of prolongation of contract. it may, however, be noticed that the division bench came to the conclusion that the relevant claim dealt with ..... various grounds in the objections but could not seriously dispute the proposition that it is not within the jurisdiction of this court under section 30 and 33 of the arbitration act, 1940 (hereinafter referred to as 'the said act') to sit as a court of appeal to appraise the facts and evidence on record. it has been repeatedly held by the .....
Tag this Judgment!Court : Delhi
Decided on : Jan-03-2006
Reported in : AIR2006Delhi300; 126(2006)DLT535; 2006(87)DRJ603
..... of t.n.83. petitioner who was the editor, printer and publisher of a weekly magazine intended to publish the autobiography of a condemned prisoner. autobiography was explosive as it set out the close nexus between the condemned prisoner and several ias, ips and other officers. before commencing the seriall publication of the autobiography in ..... 33. on the pleadings of the parties, vide order dated 12.10.1998, following issues were framed:-(i) whether the suit is barred under section 6 of the commissions of inquiry act, 1952 (ii) whether the offending statements/ submissions were not published by the defendant (iii) whether the offending statements/ submissions were made in good ..... and arguments. it was submitted only to the commission with a copy to counsel for ms.j.jayalalitha, accordingly defendant claims protection under section 6 of the commissions of inquiry act, 1952.31. it is pleaded by the defendant that the onus is on the plaintiff to establish that the offending statements are not .....
Tag this Judgment!Court : Delhi
Decided on : Jan-03-2006
Reported in : 2007ACJ156; 126(2006)DLT570; 2006(86)DRJ575
..... b.s.e.s. rajdhani appears to have taken away the offending ladder from the custody of the police which on the basis of the fir is case property under section 451 of the crpc. this specific allegation has not been denied in the counter affidavit and must, thereforee, be deemed to have been admitted for the present purposes. ..... it is certainly vicarious in nature. black's law dictionary, fifth edition, defines vicarious liability as indirect legal responsibility; for example, the liability of an employer for the acts of an employee, or, a principal for torts and contracts of an agent. public and civic authorities have on a rampant and ubiquitous scale adopted a cavalier and careless attitude ..... writ petition is for the grant of compensation in the sum of rs. 10,00,000/- owing to the untimely death of late manoj mathew owing to the negligent acts of the respondents. the undisputed facts are that late manoj mathew met with a fatal accident on 17.6.2002 at the i.i.t. flyover, opposite satnam taxi .....
Tag this Judgment!Court : Delhi
Decided on : Jan-02-2006
Reported in : (2006)202CTR(Del)169; 128(2006)DLT559; [2007]288ITR595(Delhi)
..... be said to be in bad faith. on the basis of this finding, the court held that the suit was not maintainable in view of the provisions of section 293 of the said act.17. the expression 'good faith' came up for consideration before the supreme court in the case of bijendra singh v. state of u.p. and ors. ..... a writ petition which was disposed of holding that the plaintiff should first avail of the alternative remedy, i.e., to file an appropriate application under section 132(11) of the income-tax act, 1961. the said plaintiff filed the application but as the assets were still not released, the plaintiff was constrained to file another writ petition, ..... the basis of 'invoice price' declared by the importer which was accepted as the 'transaction value' under rule 4 of the valuation rules, 1988 read with section 14(1) of the customs act, 1962. it is also noted that the subject goods were in the custody of the departments and had been incurring considerable demurrage charges, container charges, etc .....
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