Judgment Search Results Home > Cases Phrase: government of national capital territory of delhi act 1991 section 37 courts not to inquire into proceedings of legislative assembly Page 5 of about 468 results (0.353 seconds)

inder Pal Singh Chadha Vs. Government of National Capital Territory of ...

Court : Delhi

Reported in : 1996VAD(Delhi)585; 65(1997)DLT120; 1996(39)DRJ661

..... the delhi government, it has been urged by the petitioners, is ultra virus the constitution of india and also the provisions of the government of national capital territory of delhi act 1991 ( for short the act). ..... this petition is to the constitutional validity of the decision of the respondent - government of national capital territory of delhi ( for short-'delhi government') prohibiting draw of lotteries organized by delhi government. ..... however, subject to the provisions of other parts of the constitution and only deals with the matters on which the legislative assembly shall have power to make laws for the whole or any part of national capital territory of delhi. ..... the said section, inter alia, authorise the lt.governor to act in his discretion in a matter which falls outside the purview of the powers conferred on the legislative assembly of delhi but in respect of which powers or functions are entrusted or delegated to ..... all the aforesaid provisions show that delhi, a union territory cannot be equated with a 'state' and thus it is not possible for this court to accept the contention put forth on behalf of the delhi government that article 298 would be applicable ..... section 52 of the act, inter alia, declares that all contracts in connection with the administration of the capital are contracts made in the exercise of the executive power of the union; and also suits and proceedings in connection with the administration of the capital shall be instituted by or against the government .....

Shweta Kapoor and Others Vs. The Govt. of NCT of Delhi and Another

Court : Delhi

..... vehicles of the speaker of lok sabha; (vii) vehicles of the ministers of the union; (viii) vehicles of the leaders of opposition in the rajya sabha and lok sabha; (ix) vehicles of chief ministers of states and union territories except chief minister, government of national capital territory of delhi; (x) vehicles of the judges of supreme court of india; (xi) vehicles of the deputy chairman of rajya sabha; (xii) vehicles of the dy. ..... while submitting that under section 115 of the motor vehicles act, 1988, it is open to the state government to impose restrictions or prohibit plying of vehicles only in a specified area or on a specified road, it is contended by him that the notification dated 28.12.2015 imposing the restrictions in the area of entire national capital territory of delhi is beyond the scope ..... settled that on matters affecting policy this court will not interfere unless the policy is unconstitutional or contrary to statutory provisions or arbitrary or irrational or in abuse of power, since the policy decisions are taken based on expert knowledge and the courts are normally not equipped to question the correctness of the ..... come into force with effect from 1st january, 2016 and will remain in force till 15th january, 2016.by order and in the name of thelieutenant governor of thenational capital territory of delhi, ..... , we consider it appropriate to direct that the respondents shall take into consideration the contents of these writ petitions before deciding the future course .....

United RWAS Joint Action and Others Vs. Union of India and Others

Court : Delhi

..... to represent cannot be reasonable unless the proposal for audit is disclosed; (vi) that section 41 of the government of national capital territory of delhi act, 1991 (gnctd act) prescribes the matters in which the administrator is to act in his own discretion; that as per the said provision, administrator is to act in his own discretion in matters which fall outside the purview of the powers conferred on the legislative assembly and / or in which he is required by or under any law to act in his discretion and, in exercise any judicial or quasi-judicial functions; (vii) ..... where we have inter alia held that the role of cag reports is to enable the legislature to oversee the functioning of the government; (b) that it is for the legislature to take action on the basis of cag reports or to direct the government to take action on the basis thereof and till the legislature has not so directed, the court cannot direct any action to be taken on the basis of cag reports; thus the pil aforesaid is infructuous upon audit having ..... 2001, in exercise of powers under the reforms act decided to unbundle the delhi vidyut board (dvb), its undertaking and assets into six successor companies; the gnctd on 20th november, 2001 notified the transfer scheme relating to transfer and vesting of assets liabilities, proceedings and personnel of the erstwhile dvb in the successor entities; (c) that in the meanwhile, the three discoms, the delhi transco limited, the two generating companies namely indraprastha .....

Kailash Gahlot & Ors. Vs.election Commission of India & Ors.

Court : Delhi

..... since the petition seeks to invoke provisions under section 15 of the government of national capital territory of delhi act, 1991, the opinion of the election commission sought in the ..... chander shekhar sanjiv khanna, j.writ petitioners, 20 in number, who were elected in february, 2015 as members of the legislative assembly of the national capital territory of delhi have filed the afore-stated writ petitions challenging their disqualification. ..... , where application of principles of natural justice is excluded by specific legislation; strict compliance with the provisions of the principles of natural justice and default in compliance therewith can result in vitiating not only the orders but even the proceedings taken against the delinquent; and third, where the law requires compliance with these principles of natural justice, but an irresistible conclusion is drawn by the competent court or forum that no prejudice has been caused to the delinquent and ..... -section (4) of section 14 of the government of union territories act, 1963 (20 of 1963), or to the governor under article 192, the election commission considers it necessary or proper to make an inquiry, and the commission is satisfied that on the basis of the affidavits filed and the documents produced in such inquiry by the parties concerned of their own accord, it cannot come to a decisive opinion on the matter which is being inquired into, the commission shall have, for the purposes of such inquiry, the powers of a civil court .....

Sanjeev Jha vs.union of India, Ministry of Law & Justice & Ors.

Court : Delhi

..... since the petition seeks to invoke provisions under section 15 of the government of national capital territory of delhi act, 1991, the opinion of the election commission sought in the ..... chander shekhar sanjiv khanna, j.writ petitioners, 20 in number, who were elected in february, 2015 as members of the legislative assembly of the national capital territory of delhi have filed the afore-stated writ petitions challenging their disqualification. ..... , where application of principles of natural justice is excluded by specific legislation; strict compliance with the provisions of the principles of natural justice and default in compliance therewith can result in vitiating not only the orders but even the proceedings taken against the delinquent; and third, where the law requires compliance with these principles of natural justice, but an irresistible conclusion is drawn by the competent court or forum that no prejudice has been caused to the delinquent and ..... -section (4) of section 14 of the government of union territories act, 1963 (20 of 1963), or to the governor under article 192, the election commission considers it necessary or proper to make an inquiry, and the commission is satisfied that on the basis of the affidavits filed and the documents produced in such inquiry by the parties concerned of their own accord, it cannot come to a decisive opinion on the matter which is being inquired into, the commission shall have, for the purposes of such inquiry, the powers of a civil court .....

Government Of National Capital Territory Of Delhi Vs. Union Of India

Court : Supreme Court of India

..... the nct ordinance amends the government of national capital territory of delhi act 1991 [ gnctd act ].. ..... reportable2023insc635in the supreme court of india civil original jurisdiction writ petition (c) no.678 of 2023 government of national capital territory of delhi petitioner versus union of india & ..... section 3a stipulates that notwithstanding anything contained in any judgment, order, or decree of any court, the legislative assembly shall have the power to enact laws as prescribed in article 239-aa, except with respect to entry 41 of list ii of the seventh schedule to the constitution ..... danics serving in the affairs of nctd (excluding those serving in connection with entries 1,2,18 of list ii), recommend on all matters connected with and falling under the subject of vigilance and non-vigilance for the purpose of disciplinary proceedings, to make recommendations on transfer and postings, and on the suitability of officers on postings. ..... the secretary of the council of ministers or the departments shall bring a proposal of the council of ministers or the concerned departments to the attention of the lieutenant governor if they are of the opinion that the proposal is not in accordance with law or that the proposal will bring nctd into controversy with the central government, the state governments, the supreme court or the high court of delhi. ..... the petitioner has instituted proceedings under article 32 of the constitution challenging the constitutional validity of the 2023 ordinance .....

Rajesh Rishi & Anr. Vs.election Commission of India & Ors.

Court : Delhi

..... since the petition seeks to invoke provisions under section 15 of the government of national capital territory of delhi act, 1991, the opinion of the election commission sought in the ..... chander shekhar sanjiv khanna, j.writ petitioners, 20 in number, who were elected in february, 2015 as members of the legislative assembly of the national capital territory of delhi have filed the afore-stated writ petitions challenging their disqualification. ..... , where application of principles of natural justice is excluded by specific legislation; strict compliance with the provisions of the principles of natural justice and default in compliance therewith can result in vitiating not only the orders but even the proceedings taken against the delinquent; and third, where the law requires compliance with these principles of natural justice, but an irresistible conclusion is drawn by the competent court or forum that no prejudice has been caused to the delinquent and ..... -section (4) of section 14 of the government of union territories act, 1963 (20 of 1963), or to the governor under article 192, the election commission considers it necessary or proper to make an inquiry, and the commission is satisfied that on the basis of the affidavits filed and the documents produced in such inquiry by the parties concerned of their own accord, it cannot come to a decisive opinion on the matter which is being inquired into, the commission shall have, for the purposes of such inquiry, the powers of a civil court .....

Alka Lamba vs.union of India, Ministry of Law and Justice and Ors.

Court : Delhi

..... since the petition seeks to invoke provisions under section 15 of the government of national capital territory of delhi act, 1991, the opinion of the election commission sought in the ..... chander shekhar sanjiv khanna, j.writ petitioners, 20 in number, who were elected in february, 2015 as members of the legislative assembly of the national capital territory of delhi have filed the afore-stated writ petitions challenging their disqualification. ..... , where application of principles of natural justice is excluded by specific legislation; strict compliance with the provisions of the principles of natural justice and default in compliance therewith can result in vitiating not only the orders but even the proceedings taken against the delinquent; and third, where the law requires compliance with these principles of natural justice, but an irresistible conclusion is drawn by the competent court or forum that no prejudice has been caused to the delinquent and ..... -section (4) of section 14 of the government of union territories act, 1963 (20 of 1963), or to the governor under article 192, the election commission considers it necessary or proper to make an inquiry, and the commission is satisfied that on the basis of the affidavits filed and the documents produced in such inquiry by the parties concerned of their own accord, it cannot come to a decisive opinion on the matter which is being inquired into, the commission shall have, for the purposes of such inquiry, the powers of a civil court .....

Naresh Yadav vs.union of India, Ministry of Law and Justice and Ors.

Court : Delhi

..... since the petition seeks to invoke provisions under section 15 of the government of national capital territory of delhi act, 1991, the opinion of the election commission sought in the ..... chander shekhar sanjiv khanna, j.writ petitioners, 20 in number, who were elected in february, 2015 as members of the legislative assembly of the national capital territory of delhi have filed the afore-stated writ petitions challenging their disqualification. ..... , where application of principles of natural justice is excluded by specific legislation; strict compliance with the provisions of the principles of natural justice and default in compliance therewith can result in vitiating not only the orders but even the proceedings taken against the delinquent; and third, where the law requires compliance with these principles of natural justice, but an irresistible conclusion is drawn by the competent court or forum that no prejudice has been caused to the delinquent and ..... -section (4) of section 14 of the government of union territories act, 1963 (20 of 1963), or to the governor under article 192, the election commission considers it necessary or proper to make an inquiry, and the commission is satisfied that on the basis of the affidavits filed and the documents produced in such inquiry by the parties concerned of their own accord, it cannot come to a decisive opinion on the matter which is being inquired into, the commission shall have, for the purposes of such inquiry, the powers of a civil court .....

Shri Adarsh Shastri and Ors. Vs.election Commission of India and Ors.

Court : Delhi

..... since the petition seeks to invoke provisions under section 15 of the government of national capital territory of delhi act, 1991, the opinion of the election commission sought in the ..... chander shekhar sanjiv khanna, j.writ petitioners, 20 in number, who were elected in february, 2015 as members of the legislative assembly of the national capital territory of delhi have filed the afore-stated writ petitions challenging their disqualification. ..... , where application of principles of natural justice is excluded by specific legislation; strict compliance with the provisions of the principles of natural justice and default in compliance therewith can result in vitiating not only the orders but even the proceedings taken against the delinquent; and third, where the law requires compliance with these principles of natural justice, but an irresistible conclusion is drawn by the competent court or forum that no prejudice has been caused to the delinquent and ..... -section (4) of section 14 of the government of union territories act, 1963 (20 of 1963), or to the governor under article 192, the election commission considers it necessary or proper to make an inquiry, and the commission is satisfied that on the basis of the affidavits filed and the documents produced in such inquiry by the parties concerned of their own accord, it cannot come to a decisive opinion on the matter which is being inquired into, the commission shall have, for the purposes of such inquiry, the powers of a civil court .....