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 6 of about 468 results (0.288 seconds)

Rajesh Gupta vs.union 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 .....

Bses Rajdhani Power Ltd. Vs. Delhi Electricity Regulatory

Court : Appellate Tribunal for Electricity APTEL

..... delhi electricity reform act, 2000 (hereinafter referred to as the "reform act"), has been enacted by the legislative assembly of the national capital territory of delhi, inter alia, to provide for the restructuring of the electricity industry, rationalization of generation, transmission, distribution and supply of electricity, increasing avenues for participation of privates sector in the electricity industry and generally for taking measures conducive as to the development and management of the electricity industry in an efficient, commercial, economic and competitive manner in the national capital territory of delhi ..... it is contended that the government of national capital territory at the time of the restructuring of power sector in delhi undertook unbundling of the erstwhile delhi vidyut board (dvb) into six entities for discharging various functions of the ..... while considering the scope of section 29 of the said 1998 act, on the facts of the said case the high court while disposing of an appeal preferred by the maharashtra state electricity board, held that it would not be unreasonable to require the consumers to pay for the energy at a higher rate because if a higher rate is announced the consumers could have had an opportunity of not consuming the power or at least reduce the consumption on being aware that the rate ..... it is rightly pointed out that the derc cannot support its proceedings by reasons which are not found ex-facie on its order as sought to be advanced on its .....

Banwari Lal Sharma Vs. Uoi and ors.

Court : Delhi

..... national capital territory of delhi laws (special provisions) second act, 2011: whereas there had been phenomenal increase in the population of the national capital territory of delhi owing to migration and other factors resulting in tremendous pressure on land and infrastructure leading to encroachment or unauthorised developments which are not in consonance with the concept of planned development as provided in the master plan for delhi, 2001 and the relevant acts and building bye-laws made thereunder; *** and whereas based on the policy finalised by the central government ..... construed prior to the dates specified for different areas as enumerated in sub-section (2); (b) it conforms to the safety standards as in force or such other safety requirements as may be notified by the central government; and (c) it complies with the directions with respect to safety, if any, issued by the central government provided that in case punitive action is required to be taken by any local authority, prior approval of the administrator of the national capital territory of delhi or the officer authorised by him in this behalf, shall be obtained by ..... from action or affords lpa no.858/2004 page 9 immunity to those who have occupied such public spaces unauthorizedly, the court cannot proceed to direct enforcement of its orders if they conflict with such legislation.12. ..... section 3(2) which requires status quo to be maintained in respect of unauthorised colonies which came into existence in delhi .....

Campaign for People Participation in Development Planning Vs. Lt. Gove ...

Court : Delhi

..... not in dispute that in compliance with the mandate of article 243-i of the constitution of india and in terms of the provisions of the delhi finance commission act, 1994, finance commissions have been constituted from time to time for national capital territory of delhi ..... delhi by laying the said report before the legislative assembly of delhi forthwith and by distributing the consolidated fund of nct of delhi ..... been enumerated in section 13 which included review of the financial position of the municipalities and make recommendations to the lieutenant governor as to the principles which should govern (i) the distribution between the government and the municipalities of the net proceeds of the taxes, duties, tolls and fees leviable by the government which may be ..... granted thereafter by one more year till 30.09.2011 is not in conformity with the mandatory provisions of the constitution as well as the delhi finance commission act, 1994, we do not wish to enter into said controversy since even the period of five years from ..... proceedings would be taken expeditiously to place the report before the assembly ..... court not being convinced with the stand taken in the said short affidavit directed to file a detailed affidavit and accordingly an additional counter affidavit dated 09.07.2015 has been filed on behalf of the respondent no.2 as well as respondent no.1 contending inter alia that the writ petition which is filed merely on the basis of unconfirmed and unauthentic media reports is not .....

Rambeer Shokeen vs.state of Nct of Delhi

Court : Delhi

..... national capital territory of delhi, section 14 of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 (act 33 of 1989), section 5-b of the suppression of unlawful act against safety of civil aviation act, 1982 (act 66 of 1982), section 6-a of the anti-hijacking act, 1982 (act 65 of 1982), sub-section(2) of section 36 of the narcotics drugs and psychotropic substances act, 1985 (act 61 of 1985), sub-section (2) of section 153 of the electricity act, 2003 (act 36 of 2003), sub-section (1) of section 3 of prevention of corruption act, 1988, section 7 & 7a of industrial disputes act, 1947 and section 3(3) of the land acquisition act, 1984 and in consultation with the chief justice of the high court of delhi ..... delhi gazettee part iv extra ordinary) government of national capital territory of delhi departmnet of national capital territory of delhi department of law, justice and legislative affairs8h level, c-wing, delhi ..... the election to delhi legislative assembly in 2013, income-tax returns not having been filed ..... inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into ..... court and additional special court respectively were to proceed on leave and the judge of the special court being the principal judge, in exercise of his power under section 5(5) mcoca had passed an order handing over the charge of the special court .....

Suhas H Pophale Vs. Oriental Ins.Co.Ltd.and anr

Court : Supreme Court of India

..... technology act, 1961 (59 of 1961), (v) any board of trustees constituted under the major port trusts act, 1963 (38 of 1963), (vi) the bhakra management board constituted under section 79 of the punjab reorganisation act, 1966 (31 of 1966), and that board as and when renamed as the bhakra-beas management board under sub-section (6) of section 80 of that act; [(vii) any state government or the government of any union territory situated in the national capital territory of delhi or in any other union territory; ..... this court through a number of judgments rendered over the years, that a legislation is not be given a retrospective effect unless specifically provided for, and not beyond ..... company can confer upon the respondent no.1 the authority to claim that the premises belong to it to initiate eviction proceedings under the public premises act, to the detriment of an occupant who is claiming protection under a welfare enactment passed by the state legislature ..... from public premises is concerned, undoubtedly it is covered under the public premises act, but it is so covered from 16.9.1958, or from the later date when the concerned premises become public premises by virtue of the concerned premises vesting into a government company or a corporation like lic or the nationalised banks or the general insurance ..... court in terms held as follows, once the factum of lease is established, which has been done in the present case, the authorities under the act get jurisdiction to inquire under the act .....

United India Insurance Co. Ltd. Vs. Hongkong and Shanghai Banking Corp ...

Court : Mumbai

Reported in : 2007(6)ALLMR843; 2007(5)BomCR316; 2007(5)MhLj313

..... national capital territory of delhi or in any other union territory,(viii) any cantonment board constituted under the cantonments act, 1924 (2 of 1924); and(3) in relation to the national capital territory of delhi(i) any premises belonging to the municipal corporation of delhi, orany municipal committee or notified area committee,(ii) any premises belonging to the delhi development authority, whether such premises are in the possession of, or leased out by, the said authority, and(iii) any premises belonging to or taken on lease or requisitioned by, or on behalf of any state government or the government of any union territory.clause (2)(ii) of section ..... and lodging house rates control act, 1947, the bombay government premises (eviction) act, 1955, the bombay municipal corporation act, the maharashtra housing and area development act, 1976 or any other law for the time being in force, apply.sub-section (1) of section 41 provides that notwithstanding anything contained elsewhere in the act, but subject to the provisions of sub-section (2), the court of small causes would have jurisdiction to entertain and try all suits and proceedings between a licensor and a licensee .....

Dr. B.R. Ambedkar Memorial Foundation (Regd.) and anr. Vs. Union of In ...

Court : Delhi

Reported in : 112(2004)DLT725; 2004(76)DRJ147; 2005(2)SLJ497(Delhi)

..... under the government of national capital territory of delhi act, 1991, there is no definition ..... the union territory of delhi, article 239aa introduced in the constitution of india by the constitution (69th amendment) act, 1991 with effect from 1.1.1992 provides for a legislative assembly, seats whereof require to be filled by members chosen by direction election from territorial constituencies in the national capital territory. ..... vide sub-clause 3(a) of article 239aa the legislative assembly has powers to make laws for the union territory of delhi in respect to the matters specified under said clause (3)(a) of article 239aa of the ..... the petitioners is that in the absence of a presidential notification issued under article 342 of the constitution of india, for the union territory of delhi, delhi having no scheduled tribes, no reservation can be effected in the union territory of delhi for services under the government of nct delhi, mcd and ndmc for members belonging to scheduled tribe.6. ..... the government of nct of delhi act, 1991 does not refer to a scheduled tribe for the obvious reason that for the union territory of delhi, there is no presidential notification issued under article 342 of the constitution ..... the decision aforesaid was affirmed and followed by the constitution bench of the supreme court in the decision reported as : (1994)5scc244 action committee on issue of caste certificate to scheduled castes and scheduled tribes in the state of maharashtra & ..... section 2(f) defines .....

Indian Petro Chemicals Corporation Limited Vs. Air India Limited and O ...

Court : Mumbai

..... beas management board under subsection (6) of section 80 of that act, (vii) any state government or the government of any union territory situated in the national capital territory of delhi or in any other union territory, (viii) any cantonment board constituted under the cantonments act, 1924 (2 of 1924) and (3) in relation to the national capital territory of delhi (i) any premises belonging to the municipal corporation of delhi, or any municipal committee or notified area committee, (ii) any premises belonging to the delhi development authority, whether such premises are ..... clarified that this court in this judgment has not considered any of the submissions of parties with regard to correctness of the order passed by the estate officer under section 7(2) of the ppe act as that is the subject matter of a distinct proceedings namely civil ..... essence of legislating pp act is to enable government/statutory authority to evict 'unauthorised occupants' from 'public premises' and by no stretch of imagination one can conceive of a situation where government/statutory authority ..... on 8th september 1991 alleging that the premises in question are covered by the provisions of ppe act and claiming that provisions of delhi rent control act, 1958 (rent act) are not applicable, ..... that the provisions of the premises act would have no application to the present premises because the appellant could not be described as an unauthorised occupant as he had entered into possession of the premises long before .....

Prashant Kumar Umrao vs.govt. Of Nct of Delhi

Court : Delhi

..... 4 scc1 wherein the court had explained the distinction between adjournment and prorogation, in the context of article 87(1) of the constitution of india, which is pari materia to the provisions of section 10(1) of the government of national capital territory of delhi act, 1991. ..... section 10(1) of the government of national capital territory of delhi act, 1991 is set ..... the petitioner claims that the said session is illegal in terms of the government of national capital territory of delhi act, 1991, as the first session of each year is required to commence with the address ..... alternate this hon ble court may please declare the sixth part of the fourth session of the sixth legislative assembly of national capital territory of delhi unconstitutional, all consequential ..... page 1 of 6 competent authority to declare the sixth part of the fourth session of the sixth legislative assembly of national capital territory of delhi to be illegal, invalid with all its consequential effects. ..... commencement of the first session after each general election to the legislative assembly and at the commencement of the first session of each year, the lieutenant government shall address the legislative assembly and inform it of the causes of its summons. 4. ..... prorogued, all the pending proceedings of the house are not quashed and the house ..... preceding and following the period of adjournment of lok sabha sine die on 12-5-1987, were treated as constituting one session divided into two parts, namely, part i and part ii. .....