Judgment Search Results Home > Cases Phrase: goa daman and diu opinion poll act 1966 repealed section 13 general duty of presiding officer Court: delhi Page 1 of about 66 results (0.276 seconds)

Gangadhar N. Agrawal Vs. Union of India and ors.

Court : Delhi

Reported in : ILR1970Delhi452

..... act, 1957, and the mineral concession rules, 1960, were made applicable to goa, daman and and diu with effect from 1st october, 1963, the portuguese mining laws stood repealed and ceased to be applicable by reason of the provision in section 4(1) of the goa, daman and diu ..... section 5(1) of the regulation provided that- 'allrules, notifications, orders, regulations and bye- laws made or issued by the central government under the provisions of any act generally for the territories to which such act extends shall, as from the commencement of the provisions of such act in goa, daman and diu, extend to, and come into force in goa, daman and diu ..... president of india, in exercise of the powers conferred by clause (1) of article 123 of the constitution, promulgated on 5th march, 1962, the goa, daman and diu ..... september, 1966, he made an application to the government of goa, daman and diu, stating that since his applications, dated 4th september, 1959, were deemed to have lapsed and he was directed to submit a fresh application in accordance with the provisions of the mines and mineral (regulation & development) act, 1957, and the mineral ..... shall be transferred by a simple endorsement legally registered, and that- 'theacknowledgement can be made in the district government office, should the manifestor be known there or by producing ..... but this provision is made, in my opinion, only for the purpose of filing a review application before the central government, so that an applicant desirous to have a .....

Mahender Singh Vs. High Court of Delhi and anr.

Court : Delhi

Reported in : II(2008)BC619; [2009]151CompCas485(Delhi)

..... under the central act xxx of 1965 with effect from june 15, 1966 the provisions of the indian civil procedure code were extended to the union territories of goa, daman and diu and the corresponding provisions of the portuguese code were repealed while under the goa act xvi of 1965 the instant suit which was pending before the comarca court at margao was continued and decreed by corresponding ..... and it gets vested in a litigant no sooner the lis is commenced in the court of the first instance, and such right or any remedy in respect thereof will not be affected by any repeal of the enactment conferring such right unless the repealing enactment either expressly or by necessary implication takes away such right or remedy in respect thereof.this position has been made clear by clauses (b) and (c) of the proviso to section 4 of the central act xxx of 1965 which substantially correspond to clauses (c) and (e) of section 6 of the general clauses act ..... though related to the offence of a period prior to the amendment, would be filed in the court of session, this opinion was predicated on treating amendment to sub-section (2) of section 26 as procedural in nature relating to the forum. ..... because of lack of judicial officers at the magisterial level. ..... exists in procedural law,(iv) a procedural statute should not generally speaking be applied retrospectively where the result would be to create new disabilities or obligations or to impose new duties in respect of transactions already accomplished. .....

Atikur Rahaman vs.union of India & Anr

Court : Delhi

..... . it is contended that the detenue was arrested on 19.12.2015 for abetting and being guilty of an offence under section 135 of customs act, 1962 by the officer authorized by the commissioner of customs vide arrest memo issued under section 104 of the customs act, 1962 ..... . it is for this reason, that the detention orders were first forwarded to the director general, goa, where the proposed detenue was proposed to be detained, who in turn sent it to the concerned authorities for the same being served within the local jurisdiction ..... respect thereof or in the case of goods under transhipment, with the declaration for transhipment referred to in the proviso to sub-section (1) of section 54; (n) any dutiable or prohibited goods transisted with or without transhipment or attempted to be so transited in contravention of the provisions of chapter viii; (o) any goods exempted, subject to any condition, from duty or any prohibition in respect of the import thereof under this act or any other law for the time being in force, in respect of which the condition is not observed ..... . in the absence of any satisfactory explanation explaining the delay of 40 days, we are of the opinion that the detention order must stand vitiated by reason of non-execution thereof within a reasonable time ..... . therefore, the relevance of provision for preventive detention of the antisocial elements indulging in smuggling and violation and manipulation of foreign exchange in cofeposa continues even after repeal of fera.69 .....

State Vs. Jasbir Singh @ Billa and

Court : Delhi

Reported in : 17(1980)DLT404; ILR1979Delhi571

..... , after rejecting the disclosure statements made under section 27 of the evidence act, held : '...............the evidence of the investigating officer and the panchas that the accused had taken them to public witness ii and pointed him out and as corroborated by public witness ii himself would be admissible under section 8 of the evidence act as conduct of the accused. ..... equally beyond the functions of a court to evolve working roles for imposition of death sentence bearing the markings of enlightened flexibility and social sensibility or to make law by cross-fertilisation from sociology, history, cultural anthropology and current national perils and developmental goals and, above all, constitutional currents, i am of the view that it is the function of the parliament to frame ..... 423) : - 'in all cases the whole of the confession should be given in evidence, for it is a general rule that the whole of the account which a party gives of a transaction must be taken together; and his admission of a fact disadvantageous to himself shall not be received, without receiving at the same time his contemporaneous assertion' of a fact favorable to him, not merely as evidence that ..... cannot agree with tile learned counsel for the appellants that the opinion of the expert en the question of the source of hair ..... constable ranbir singh (public witness 25), duty constable at willingdon hospital, questioned vinod about ..... the works of 'forslev' published in 1966, and that of 'heifer' published in 1968 .....

Jagatjit Industries Ltd. Vs. Dy. Commissioner

Court : Delhi

Reported in : (2004)91TTJ(Del)281

..... .17. on careful perusal of the reassessment order, we are of the considered opinion that the assessing officer has not investigated or inquired various facts which were reported to him by the assessing officer of lpb through his letter dated 24-3-1999, and has acted in a way which is not expected from an officer framing an assessment because it has been repeatedly held by the apex court and various high courts that the assessing officer is not only an adjudicator but also an ..... manoj jaiswal did not appear before the assessing officer of the assessed on 26-3-2002, when he was to be re-examined by the assessed despite his assurance given in an affidavit dated 26-3-1999, that he would co-operate with the it department in future also as and when required for this purpose during the course of reassessment consequent to the order of commissioner passed under section 263 and then the assessing officer again re-examined the entire issue and finally framed the assessment by making ..... investigator. he cannot remain passive in the face of a return which is apparently in order but calls for further inquiry, in his duty to ascertain the truth of the facts stated in the return when the circumstances of the case are such as to provoke an ..... . general engineering works air 1982 del 220 .....

Lt Col Hardeep Sandhu Vs. Union of India and Others

Court : Armed forces Tribunal AFT Principal Bench New Delhi

..... high court of delhi observed as under:- army act, 1950- section 27- defence services- premature retirement- refusal on ground of foreign service liability- fallacious, unsustainable and quashed- assignment given to petition was optional to join project team at kazakhistan on deputation- if petitioner would have known about restriction of foreign service liability, he may or may not have opted for said assignment- no undertaking given by petitioner- number of officers with similar qualifications already granted premature retirement at their ..... of his arguments, he quoted letter of 08.12.2006 which reads as under:- it has been observed that reasons cited by applicants for seeking pmr/resignation are generally neither scrutinized nor verified by the intermediate headquarters who, perfunctorily endorse all applications. ..... officers who have been granted study leave and have not the mandatory period of service after rejoining duty are required to refund the total leave ..... higher authority to form an opinion different from the one expressed by the colonel commanding officer must have been possessed of material concrete enough to form a different opinion which it is not so ..... submitted that though the applicant had obtained a degree in electrical engineering and that the arguments by the applicant that he was surplus to the establishment of the corps of engineers is incorrect because as an officer he can well be used for various other duties in ere, staff and instructional assignments. 26. .....

India Yamaha Motor Pvt Ltd vs.seema Bhatia

Court : Delhi

..... refrain from deciding the question of exclusion of time spent in arbitration under section 14 of the limitation act in this suit as i am of the opinion that the suit of the plaintiff is liable to be ..... enterprises supra and reasoning, that section 43(4) of the arbitration act having expressly provided for computing the time prescribed by the limitation act for commencement of proceedings (including arbitration) with respect to disputes submitted to arbitration and arbitral award wherein is set aside by the court, held that the provisions of section 14 of the limitation act will have no application to the said situation and the computation of limitation will be under section 43(4) of the arbitration act only, but ..... / its predecessor in interest, had earlier referred the disputes with the defendant to arbitration; (iii) the defendant, on 18th october, 2006 filed cs(os) no.1996/2006 challenging the existence of any arbitration agreement and vide order dated 19th october, 2006 therein, the arbitration proceedings were stayed; the said suit was decreed in favour of the defendant on 13th september, 2007; (iv) the plaintiff filed rfa(os) no.71/2008 on ..... goa .....

V.D. Khosla Vs. Union of India, Through the Secretary, New Delhi and O ...

Court : Central Administrative Tribunal CAT Delhi

..... the preceding proviso, the next increment of a government servant, whose pay is fixed on the 1st day of january, 1986, at the same stage as the one fixed for another government servant junior to him in the same cadre and drawing pay at a lower stage than his in the existing scale, shall be granted on the same date as admissible to his junior, if the date of increment of the junior happens to be earlier: [provided also ..... support of the view is that principal accountant general (aande) tamil nadu, chennai has granted benefits of increments under the 3rd and 4th proviso to similarly circumstances accounts officer sri m.g ..... not have been followed as it is a weak authority inasmuch as initially two members bench had different opinion and the matter was referred to the third member of the hyderabad tribunal ..... out that om dated 10.08.98 was issued in the name of the president which will prevail over the clarificatory om dated 19.12.2000 ..... no.2253/1997) wherein same view was taken after noticing fr 9 (21) (a) (ii) and holding that pay means the amount drawn monthly by a government servant as the pay plus special pay and personal pay and other emoluments, which may be specifically classified as pay by the president ..... . in terms of section 26 of the administrative tribunals act, 1985, the applications are allowed with costs in terms of the majority view with directions to the respondents to revise and update the pension/family pension of the applicants within a period of three months from the date of receipt .....

State (Gnct) of Delhi Vs. Akhlaq and anr

Court : Delhi

..... down the general rule that in a criminal case the burden of proof is on the prosecution and section 106 is certainly not intended to relieve it of that duty. ..... bodha v state of j& k 2002 (8) scc 45, to the following effect:"the last-seen theory comes into play where the time-gap between the point of time when the accused and the deceased were seen last alive and when the deceased is found dead is so small that possibility of any person other than the accused being the author of the crime becomes impossible. ..... the edifice of the last seen theory is based, is that the "the time gap between the point of time when the accused and the deceased were last seen alive and the deceased is found dead is so small that possibility of any person other than the accused being the author of the crime becomes ..... opinion that while conduct of an accused may constitute a material circumstance, his disappearance, or absconding with a view to escape the police, cannot be considered a strong incriminating circumstance, sufficient to attract the provision of section 106, evidence act ..... relied on the decision reported as state of goa v sanjay thukran 2007 (3) scc 755, to say that there is no strait jacket formula applicable to cases of circumstantial evidence where the prosecution relies on the accused being last seen in the company of the deceased, to the following effect:"there can be no fixed or straitjacket formula for the duration of time gap in this regard and it would depend upon the evidence led by .....

Balvinder Singh and anr. Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 2000CriLJ4759; 2000(55)DRJ133; 2000(72)ECC48

..... otherwise - to show the licit import/possession/transportation, the said bars along with cloth and adhesive tapes were seized by the officers under the provisions of section 110 of the customs act, 1962 (in short customs act) under the reasonable belief that the gold bars were smuggled and were liable to confiscation. ..... the objective of preventive determination as set out above, it becomes absolutely imperative on the part of detaining authority as well as executing authorities to be very vigilent and keep their eyes open and alert, and not to turn a blind eye in securing the detenu and executing the detention order, because any indifferent attitude on the part of detaining authority or executing authority will defeat the very purpose of the preventive action ..... no be noted so that the factual aspects can be appropriately dealt with.personal liberty protected under article 21 of the constitution is held so sacrosanct and so high in the scale of constitutional values that courts have shown great anxiety for its protection and wherever a petition for writ of habeas corpus is brought up it has been held that the obligation of the detaining authority is not confined just ..... the case file to the deputy director general on 28.12.1999 and the file was put up to the ..... counsel for the detenus that the finance secretary who alone was competent to deal with the representation had gone out on tour to bombay on 25.12.1999 and his tour programme from bombay to puna and goa was to be decided at bombay. .....