Court : Delhi
..... have unanimously planked their submissions on a conjoint reading of section 2(e)(iii) of the foreign contribution (regulation) act, 1976 and section 591(2) of the companies act, 1956 to contend that since a citizen of india - mr.anil agarwal holds more than one-half of share-capital of vedanta (a company incorporated in the united kingdom), vedanta is not a foreign company within the meaning of section 591 of the companies act, 1956 and neither vedanta nor its subsidiaries sterlite and sesa can be treated as a foreign source within the meaning of the foreign contribution (regulation) act, 1976.37. ..... at this juncture it would be apposite to take notice of the preamble of the act, which unequivocally spells out the solemn object of the legislation: an act to regulate the acceptance and utilization of foreign contribution or foreign hospitality by certain persons or associations, with a view to ensuring that parliamentary institutions, political associations and academic and other voluntary organizations as well as individuals working in the important areas of national life may function in a manner consistent with the values of a sovereign democratic republic, and for matters connected therewith or incidental thereto. 35. ..... part xi of the companies act, 1956 under the caption companies incorporated outside india has sections 591 to 608 as a part of the chapter. .....
Tag this Judgment!Court : Delhi
..... page 46 of 59 less involve a prima facie violation of the provisions of the foreign contribution (regulation) act, 2010 (42 of 2010) with regard to receipt of foreign contribution of an amount of than one crore rupees or equivalent; (ii) central bureau of investigation (cbi) with regard to offences involve a prima facie violations of the foreign contribution (regulation) act, 2010 (42 of 2010) involving receipt of foreign contribution of an amount of one crore rupees or equivalent or above and in any other case which may be specifically entrusted to the cbi by the central government under the said act. ..... present batch of writ petitions seek to challenge the constitutional validity of section 43 of the foreign contribution (regulation) act, 2010 (hereinafter referred to as fcra ) and rule 22 of foreign contribution (regulation) rules, 2011 (hereinafter referred to as fcrr) on the ground that they are arbitrary, unreasonable, ultra vires and violative of articles 14 and 21 of the constitution of india. ..... he emphasises that there is no duplicity of actions taken under chapter v, vi and section 43 of fcra as offences punishable under the said act as mentioned in chapter viii, can only be investigated by the authorities specified under section 43 of fcra ..... the cases of 32 ngos have been referred to cbi and of 09 other ngos to state police for investigation under section 28 of fcra, 1976 and section 43 of fcra, 2010 under notification dated 27th october, 2011 ..... and wave hospitality (p) ltd .....
Tag this Judgment!Court : Delhi
Reported in : 1983LC315D(Delhi); 1986(23)ELT87(Del); ILR1983Delhi487; [1984]145ITR272(Delhi); [1984]55STC162(Delhi)
..... of the relationship between the individuals and the community regulated by tax is the imposition on individuals and corporations of a contribution to cover public expenditure. 24. ..... to balance the public interest in the government carrying out a promise made to a citizen which has induced the citizen to act upon it and alter his position and the public interest likely to suffer if the promise were required to be carried out by the government....it is only if the court is satisfied on proper and adequate material placed by the government that overriding public interest requires that the government should not be held bound by the promise ..... , being satisfied that it is necessary in the public interest so to do, hereby exempts aluminium wire rods or aluminium ingots falling within chapter 76 of the first schedule to the customs tariff act, 1975 (51 of 1975), when imported into india, from - (i) the whole of the duty of customs livable thereon under the first schedule to the said customs tariff act; and (ii) the whole of the additional duty livable thereon under section 3 of the said customs tariff ..... the country, the position of foreign exchange, the need to protect national industries and all other relevant considerations have to be examined by the central government from time to time and rules in regard to export and import suitably adjusted. ..... in spite of the assurance to the appellant that the club will endure till such time as the state of hospitalities existed. ..... kumar air 1976 sc 2241 .....
Tag this Judgment!Court : Delhi
Reported in : 2003VIIAD(Delhi)1; 107(2003)DLT385; 2003(71)DRJ178; 2003(3)JCC1669
..... or other lethal weapons capable of mass destruction or biological or chemical substances of warfare in any area, whether notified or not, he shall be guilty of terrorist act notwithstanding anything contained in any other law for the time being in force, and be punishable with imprisonment for a term which may extend to imprisonment for life, or with fine which may extend to rupees ten lakh, or with both.explanation. ..... war is not that there shall be a regular trained force, nor a regular army, and, indeed, from the nature of the thing in common sense, i am sure it must strike you that, except where a foreign enemy invades the country, war can never be levied in that manner in the commencement of ..... and thereafter their bodies were sent to the mortuary of the ram manohar lohia hospital and ..... the breach of a mandatory provision regulating the competence or procedure of the ..... to trace the exact contribution of each member ..... in any other provision of this-chapter, an officer not below the rank of additional director general of police or a police officer of equivalent rank who reasonably determines that- (a) an emergency situation exists that involves - (i) immediate danger of death or serious physical injury to any person;(ii) conspiratorial activities threatening the security or interest of the sstate ;(iii) conspiratorial activities, characteristic of a terrorist act, that requires a wire, electronic ..... term 1920, and finally to the decision of the award dated 18.12.1976 pronounced by the .....
Tag this Judgment!Court : Delhi
Reported in : 2010CriLJ94; 160(2009)DLT277
..... arguing that public tolerance of different activities undergoes change with the times in turn influencing changes in laws, it is sought to be pointed out that even the reforms in the nature of sexual offences act, 1967 (whereby buggery between two consenting adults in private ceased to be an offence in the united kingdom) had its own share of criticism on the ground that the legislation had negatived the right of the state to suppress ..... as mentioned earlier, naco confirms the case of the petitioner that enforcement of section 377 ipc contributes adversely; in that, it leads to constantly inhibiting interventions through the national aids control programme undertaken by the said agency ..... during the course of submissions, extensive references were made to voluminous material which included various reports, publications, articles, indian and foreign judgments including those of us supreme court, european commission of human rights, human rights committee etc. ..... lastly, as held earlier, it is not within the constitutional competence of the state to invade the privacy of citizens lives or regulate conduct to which the citizen alone is concerned solely on the basis of public morals. ..... improving services for the care of people living with aids both in hospital and at homes through community care.17. ..... within this chapter section 377 ipc is categorised under the sub-chapter titled 'of unnatural offences' and reads as follows:377 ..... also referred to an observation of a commentator in (1976) 64 cal. .....
Tag this Judgment!Court : Delhi
..... other lethal weapons capable of mass destruction or biological or chemical substances of warfare in any area, whether notified or not, he shall be guilty of terrorist act notwithstanding anything contained in any other law for the time being in force, and be punishable with imprisonment for a term which may extend to imprisonment for life, or with fine which may extend to rupees ten lakh, or with both.explanation ..... levying of war is not that there shall be a regular trained force, nor a regular army, and, indeed, from the nature of the thing in common sense, i am sure it must strike you that, except where a foreign enemy invades the country, war can never be levied in that manner in the commencement of an ..... and thereafter their bodies were sent to the mortuary of the ram manohar lohia hospital and ..... the breach of a mandatory provision regulating the competence or procedure of the ..... trace the exact contribution of each member ..... in any other provision of this-chapter, an officer not below the rank of additional director general of police or a police officer of equivalent rank who reasonably determines that-(a) an emergency situation exists that involves -(i) immediate danger of death or serious physical injury to any person;(ii) conspiratorial activities threatening the security or interest of the state;(iii) conspiratorial activities, characteristic of a terrorist act, that requires a wire, electronic ..... term 1920, and finally to the decision of the award dated 18.12.1976 pronounced by the .....
Tag this Judgment!Court : Delhi
Reported in : 172(2009)DLT319
..... would show that it hardly lies in the mouth of the private player to turn around and abdicate its responsibility, after having offered its services for establishing a multi-disciplinary super-speciality hospital on the terms inclusive of benevolent arrangements for the poor and indigent and in the bargain having secured state largesse in the form of prime parcel of public land and monetary contribution.31. ..... how important they may appear), rather than on the terrible general inheritance of india of acute deprivation, deficient schooling, lack of medical attention for the poor, and extraordinary undernourishment (especially of children and also of young women), then the pressure on democratic governance acts relentlessly towards giving priority to only those particular new issues, rather than to the gigantic persistent deprivations that are at the root of so much inequity ..... so if they regulate commercial and professional activities to ensure ..... ) by de smith, woolf & jowell in chapter 3 para 0.24, it is stated thus:a body is performing a 'public function' when it seeks to achieve some collective benefit for the public or a section of the public and is accepted by the public or that section of the ..... foreign direct investment (fdi), for establishing a modern multi-speciality hospital ..... : (1976) 3 scc 828, krishna iyer, j speaking for the bench, observed:in such situations what is immediately relevant is not whether the respondent is state or public authority but whether what is enforced is a .....
Tag this Judgment!Court : Delhi
Reported in : ILR1976Delhi375
..... the problem was further aggravated by the enormous potential of delhi as a centre for employment along with other factors, namely, the expansion of industrial and commercial activities, setting up of the foreign embassies and arrival of foreign missions and all these factors contributed to the unprecedented growth of population in delhi and its suburbs. ..... government could not be permitted to trifle with the property rights of citizens as after the issuing of notification under section 4 the owner of the property has only a qualified ownership or enjoyment of his property and cannot earn maximum return from the property and that since the compensation was to be determined with reference to the date of publication of section 4 notification, it was submitted, the petitioners would stand to lose by the unreasonable delay in issuing the declaration ..... it was in that context that it was observed that cantonment is a special act and that the state legislature was not competent to pass a law in respect of regulation of house accommodation including the control of rents in cantonment area. ..... 7 information is given in respect of cantonment and other areas under defense while table 7 (page 91) makes a mention of the medical facilities in delhi for the delhi cantonment mentions delhi cantonment hospital and military hospital delhi cantonment. ..... 7 of the foot-note of chapter iii of the interim plan regarding land use. ..... the union of india and others, : [1976]1scr341 . .....
Tag this Judgment!Court : Delhi
..... w.p.(c)no.4770/2012 page 336 of 531 labour (prohibition and regulation) act, 1986, employment of manual scavengers and constructions of dry latrines (prohibition) act, 1993, provision of panchayat (extension to scheduled areas) act, 1996 are few of the endeavours made by the ..... w.p.(c)no.4770/2012 page 270 of 531 is satisfied that a foreign award is enforceable under chapter i of part ii of the enactment, the award shall be deemed to ..... .14. but one thing the legislature is not competent to do, and that is to make litigants contribute to the increase of general public revenue in other words, it cannot tax litigation, and make litigations pay, say for road building or education or other beneficial ..... 558. the united nations international covenant on civil and political rights ( iccpr ), which came into force on 23rd march, 1976, provides thus: article 2(3) each state party to the present covenant undertakes: (a) to ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity; (b) to ensure that any person claiming ..... it could be pressed that just as the cost of creating and maintaining the national defence mechanisms, hospitals, educational facilities, infrastructure as roads ..... the adoption of the constitution, the parliament passed the untouchability (offences) act, 1955 which in 1976 was renamed the protection of civil rights act, .....
Tag this Judgment!Court : Delhi
..... w.p.(c)no.4770/2012 page 336 of 531 labour (prohibition and regulation) act, 1986, employment of manual scavengers and constructions of dry latrines (prohibition) act, 1993, provision of panchayat (extension to scheduled areas) act, 1996 are few of the endeavours made by the ..... w.p.(c)no.4770/2012 page 270 of 531 is satisfied that a foreign award is enforceable under chapter i of part ii of the enactment, the award shall be deemed to ..... .14. but one thing the legislature is not competent to do, and that is to make litigants contribute to the increase of general public revenue in other words, it cannot tax litigation, and make litigations pay, say for road building or education or other beneficial ..... 558. the united nations international covenant on civil and political rights ( iccpr ), which came into force on 23rd march, 1976, provides thus: article 2(3) each state party to the present covenant undertakes: (a) to ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity; (b) to ensure that any person claiming ..... it could be pressed that just as the cost of creating and maintaining the national defence mechanisms, hospitals, educational facilities, infrastructure as roads ..... the adoption of the constitution, the parliament passed the untouchability (offences) act, 1955 which in 1976 was renamed the protection of civil rights act, .....
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