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 : 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 : Andhra Pradesh
Decided on : Mar-07-2003
Reported in : 2003(4)ALD66; 2003(6)ALT277
..... fees. this right will have no substance if the investigation is to be confined to the allegations in the plaint. there is then a provision for an enquiry under section 16 of the act. as we have said, the second part of the second question in the form in which it is put is easily answered. but the more difficult question is ..... appellant would be claiming so as to properly canvass the correctness of the claim or entitlement. the claim cannot be kept in uncertainty. if in appeal under section 54 of the land acquisition act the amount is initially kept low and then depending upon the mood of the appellate court, payment of deficit court-fee is sought to be made, it would ..... he was entitled to amounts worth lakhs, but he valued the suit at rs.150/-. it was contended before the supreme court that in terms of section 7(iv)(f) of the court fees act it was the sweet-will of the plaintiff to value the suit at any amount, but the supreme court repelled the argument in the following words, '5 .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-18-2003
Reported in : 2003(3)ALD265; 2003(3)ALD265; 2003(4)ALT90; 2003(4)ALT90; [2003(97)FLR1141]
..... above, issuance of notice under section 9-a of the act is not necessary, as the scheme offered was optional and not compulsory and therefore by any stretch of imagination it cannot be said that the ..... that was a case pertaining to rationalization/standardization affecting the service conditions of the workmen and under those circumstances it was held that notice under section 9-a of the act must precede the introduction of such rationalization concerned, and it cannot follow the introduction of such a rationalization. in the present case, as observed ..... that they were shunted out in a most inhuman manner, they moved the conciliation officer, who in turn advised the petitioners to file appeals under section 48(1) of the act before the primary authority i.e., the 2nd respondent herein. 4. the case of the petitioners before the primary authority was that the 1st .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-01-2003
Reported in : 2003(4)AWC3266
..... prohibit the dispensing of medicines on the prescription of a medical practitioner otherwise than by or under the direct and personal supervision of a registered pharmacist. section 3 of the 1948 act provides for the constitution of a central council by the central government by the name of pharmacy council of india having a perpetual succession and a common ..... approved course of studies ; (c) the subjects of examination and the standard therein to be attained ; and (d) any other conditions of admission to examinations. section 12 of the 1948 act then makes a provision for approval of the courses of study for pharmacists by the pharmacy council of india. it also provides for approval by the central council ..... include amongst others, a representative of the pharmacy council of india. chapter iii deals with power and the functions of a.i.c.t.e. under section 10 of the 1987 act, it is the duty of the a.i.c.t.e. to take all such steps as it may think fit for ensuring coordinated and integrated .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-21-2003
Reported in : AIR2003SC2732; JT2003(4)SC216; 2003(4)SCALE174; (2003)10SCC94
..... in execution of the decree in o.s. no. 20 of 1945. in that context, the high court may also examine whether the appellant can take shelter under section 7 of the act, notwithstanding such attachment or sale, to sustain the legality of the tenancy.18. the appeal is allowed accordingly and the case is remitted to high court for fresh ..... date, on which the appellant has to establish his possession/cultivation as tenant is 1.1.1964. after that date the creation of tenancy is prohibited under section 74 of the act which also declares that any such tenancy shall be invalid. it admits of doubt that the burden is on the appellant to prove the tenancy on the crucial ..... or property is cashew garden of an extent of 12.41 acres.2. the appellant filed an application before the land tribunal, mannarghat on 24.8.1971 under section 72b of the act for the assignment of the right, title and interest of the land-owners and the intermediaries as regards the schedule mentioned lands on the basis that he was .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-09-2003
Reported in : 2003(3)AWC2344(SC); 2003(2)BLJR1354; [2003]116CompCas133(SC); JT2003(5)SC1; (2003)IIILLJ31SC; (2003)3MLJ1(SC); 2003(4)SCALE712; (2003)6SCC1; [2003]44SCL429(SC)
..... basis so as to enable them to sustain themselves for the time being.6. the rights of the workmen shall be considered in terms of section 529a of the companies act.7. the central government is hereby directed to take a decision as regards division of assets and liabilities of the government companies/public sector undertakings ..... company judge may further be directed to dispose of the winding up applications are expeditiously as possible wherein having regard to the provision contained in section 529a of the companies act the dues of employees will have primacy. mr. sorabjee would urge that the learned company judge may also be directed to look into the ..... are not issuing any direction as against the state of jharkhand as no step had admittedly been taken by the central government in terms of section 65 of the state reorganisation act and furthermore as only four public sector undertakings have been transferred to the state of jharkhand in respect whereof the petitioner does not make any .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-10-2003
Reported in : RLW2003(4)Raj2131; 2003(3)WLC179
..... the supreme court has proceeded to cut across the objections, to give a quietus to the matter, by directing that the marriage should be dissolved under section 13(1)(ia) of the act, having regard to the peculiar facts and circumstances of that case.38. my predicament is that recently hon'ble the supreme court in delhi administration v. ..... between the spouses, the wife is entitled to a decree for dissolution of marriage.12. suffice it to say that on the face of language of section 13(2) (iv), of the act, for obtaining a decree of dissolution of marriage on this ground the first and foremost requirement is that the wife should have repudiated the marriage after ..... in employment that she wants to leave the respondent, and marry with other (paramour). according to the learned counsel, even this tantamounts to cruelty within the meaning of section 13(1)(ia) of the act, and on the basis of the following judgments :-(1) smt. pushpa rani v. krishanlal (2) (2) nemai kumari v. mita ghosh (3) (3) .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-19-2003
Reported in : AIR2003Bom457; 2003(3)ALLMR638; 2003(6)BomCR35
..... to prove the execution thereof. it is necessary for the party relying upon the said document to plead specifically both the execution and attestation of it. section 68 of evidence act inter alia states that if a document is required by law to be attested. it shall not be used as evidence until at least one attesting witness ..... proved to be the last will of the testator has to be proved like any other document except as to the special requirements of attestation prescribed by section 63 of indian succession act. as in the case of proof of other documents so in the case of proof of wills, it would be idle to except proof with mathematical ..... document and after receiving a personal acknowledgment from the executant as regards the execution of the document. in this connection reference should also be made to section 3 of the transfer of property act which defines the term 'attested' as meaning the instrument having been attested by two or more witnesses, each of whom as seen the executant .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-25-2003
Reported in : 2003(4)ALD803; 2003(4)ALT750
..... . in kasinka trading v. union of india, : 1994ecr637(sc) the supreme court had to consider the question whether the notification issued under section 25 of the customs act 1962 granting complete exemption from payment of customs duty to pvc resin imported into india by manufacturers of certain products requiring the said resin as ..... p. state electricity board by notifications dated 29th october, 1982, 13th july, 1984 and 28th january, 1986 in exercise of its power under section 49 of the electricity (supply) act, 1948 had held out a promise to new industrialists seeking to establish industries in different parts of the state, that on the charges of ..... 7. that fertiliser is one of the essential commodities and declared as such under the provisions of the essential commodities act, 1955. the central government in exercise of the powers conferred by section 3 of the essential commodities act, 1955, made the fertiliser (control) order, 1985 (for short 'the control order') and notified the same .....
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