Court : Delhi
Reported in : 1997IVAD(Delhi)37; 1997CriLJ4357; 67(1997)DLT732; 1997(42)DRJ266
..... 1 contested the said application of the petitioner and of the manufacturer stating that the same were not maintainable and it further stated that the amended rule 47 was not retrospectively in operation and the complaint made by the respondent and initiation of criminal cases before the said date of amendment are not without justification and the petitioners were ..... to the extent of 2000 and 2450 ppm was not injurious to health at any point of time, it must be held that even before amendment of rule 47, such use of saccharin to the above extent did not constitute an offence for adulterating food will substance injurious to health. ..... be unjustified.11.it, however, appears to us that even if the complaint is accepted to be correct, the only offence committed by the appellants amounts to technical violation of the mandate of rule 47 for adding saccharin to the extent of 2000 and 2450 ppm in the chutki pan masala and mouth freshener. ..... as injurious to health because on the basis of further research, it has been ascertained that the presence of saccharin up to a reasonable level was not at all injurious to health and precisely for the same reason rule 47 of the rules has been amended which has permitted the use of saccharin up to 8000 ppm in a pan masala. ..... (4) counsel for the respondent has however submitted that the restrictions imposed under rule 47 of the rules at the relevant time was not arbitrary and capricious as the same was based upon the existing knowledge about the effect of .....
Tag this Judgment!Court : Delhi
Reported in : 2002IVAD(Delhi)6; 96(2002)DLT602; 2002(62)DRJ361; 2003(1)SLJ48(Delhi)
..... when it is proposed to terminate theservice of a person subject to the actother than an officer, he shall be givenan opportunity by the authority competentto dismiss or move him, to show causein the manner specified in sub-rule (2)against such action:- provided that this sub-rule shall notapply- (a) where the service is terminated onthe ground of conduct which has ledto his conviction by a criminalcourt or a security force court; or (b) where the competent authority issatisfied that, for reasons to berecorded ..... that although a court of inquiry washeld against the petitioner, no notice of the samewas given to the petitioner as required under rule173(8) of the bsf rules and, thereforee, therespondents could not have relied upon the findingsof the said court of inquiry while issuing theimpugned order which also stands vitiated. ..... thereforee,the power of the commandant to take resort to thepower vested on him under section 11(2) of the actread with rules 22 and 177 of the rules, cannot bequestioned, which is an independent power and couldbe exercised by the competent officer when suchaction is called for in ..... the commandant todismiss or remove from service any person under hiscommand than an officer on a subordinateofficer read with rule 177 of the said rules, is anindependent power which can be validly exercised bythe commandant as a prescribed officer and it hasnothing to do with the power of the security forcecourt for dealing with the offences and suchabsence from duty without .....
Tag this Judgment!Court : Delhi
Reported in : 1998VIIAD(Delhi)345; AIR1998Delhi111; 1998(46)DRJ656
..... to consider a resolution for dissolving various committees, namely, library committee, rules committee executive committee, enrolment committee, indigent and disabled lawyers committee, disciplinary committee-1, disciplinary committee-2, disciplinary committee-3, bar council of india advisory welfare committee, pre-enrolment committee, and building committee; and (3) the notice dated july 18, 1998 issued by shri surya prakash khatri announcing the fixation of the meeting of the enrolment committee of the bar council of delhi for july 20, 1998 at 3.00 p.m.2. ..... (a) library committee (b) rules committee (c) enrolment committee (d) executive committee (e) indigent & disabled lawyers committee (f) disciplinary committee-i (g) disciplinary committee-ii (h) disciplinary committee-iii (i) bar council of india advocates welfare committee (j) pre-enrolment committee (k) building committee. ..... moving to chapter v of the rules, which deals with the subject of committees, rule 44 lists the various committees for transacting the busi-ness of the council. ..... at the threshold it needs to be pointed out that the bar council of delhi rules 1963 (for short 'the rules'), particularly provisions of chapter xi, namely, rules 126, 127, 129 and 130 thereof, do not envisage the appointment of an honorary secretary. .....
Tag this Judgment!Court : Delhi
Reported in : 2002IIIAD(Delhi)112
..... the election commission duly considered the complaints with regard to the non-compliance with the rules, namely, i) copy of the draft electoral rolls published on 24.12.2001 not being supplied to the parties, as per rules; ii) public notice in respect of claim and objections filed in forms 6 and 7 not being given in forms 9 and 10; and iii) the electoral roll containing large number of bogus and under age voters.16 ..... however, once the electoral roll was finally published by virtue of sub-rule 2 of rule 22 it became the roll with the list of amendments as the electoral roll of the ..... submitted that there was a complete procedure provided under the registration of electoral rolls, 1960, while rule 21 provided for inclusion of names inadvertently omitted, rule 21-a provided for deletion of names and rule 22 for final publication of roll. ..... finalization of the electoral rolls, without compliance with the rules has conferred an unfair advantage on aiadmk. ..... petitioner contends that the ruling party, namely aiadmk, after the announcement of the elections is going about manipulating voters list in a most blatant ..... , who either do not exist or whose names are entered contrary to the provisions of part iii of the representation of people act, 1951 and the rules made there under. ..... lekhi, the breach of rules and rigging and manipulation of the electoral rolls, was of such stupendous magnitude that it compelled the election commission, to post-pone the elections in saidapet and vanniyampadi .....
Tag this Judgment!Court : Delhi
Reported in : (1992)103CTR(Del)42; ILR1992Delhi996; [1992]198ITR26(Delhi)
..... however, after making the aforesaid observations, the patna high court has proceeded to hold that, in computing the net wealth of the firm by reference to rule 2 of the wealth-tax rules, 1957, if an asset qualifies for exemption provided under the act, such exemption must be taken into consideration in determining the net wealth of the firm. ..... and inasmuch as the properties of a firm were treated as wealth or assets in the hands of its partners to the extent of their respective shares aggregating to their respective interest therein, in computing the net wealth of the firm under rule 2 of the wealth-tax rules, 1957, there was no question of any exemption being allowed to the firm. ..... in this case, the tribunal had taken the view that, on a reading of rule 2(3) of the wealth-tax rules, it was not necessary to comply with the provisions of section 5(1a) and the exemption should be available in respect of the value of the assets of the exempted variety in the hands of the assessed. ..... 1,50,000 in the computation of the net wealth of the firm under rule 2 of the wealth-tax rules, 1957, is not warranted by the terms of section 5(1)(iva) of the wealth-tax act. ..... (3) where the net wealth of a firm or association computed in accordance with sub-rule (1) includes the value of any assets referred to in section 5(2) of the act, the value of the interest of a partner or member shall be deemed to include the value of his proportionate share in the said assets, and the provisions of section 5(2) of .....
Tag this Judgment!Court : Delhi
Reported in : ILR1974Delhi692
..... months next after the date fixed for making-up its accounts for the year under the rules for the time being in force, call a general meeting of its members for the purpose of:- (a)approval of the programme of the activities of the society prepared by the committee for the ensuing year; (b)election, if any, of the members of the committee other than nominated members subject to the provisions of section 31: (c)consideration of the audit report and ..... '(2)notwithstanding anything contained in the bye-laws the election of the members of the committee of a society of any class not falling under classes specified in sub-rule (1) shall be by show of hand in the manner given in schedule iii unless a poll is demanded in which case it shall be held by secret bellot ..... calling a special general meeting for holding election of members of the committee of the society by complying with the requirements of section 30 of the act and the rules, when the petitioner and the other members were pressing for it, possibly cannot be regarded to be with a view to help shri ujwal ..... (19) the learned counsel for the petitioner referred to the marginal note of rule 54 in support of his argument that elections to the managing committee of a co-operative society can only be held in an annual general ..... (23) as may have been noticed the language used in rule 54 does not indicate that the business of election of members of a managing committee of a co-operative society is to be transacted only in an annual general .....
Tag this Judgment!Court : Delhi
Reported in : 136(2007)DLT683; 2007(95)DRJ478
..... major penalty proceedings under rule 8 of the delhi special police establishment act (subordinate ranks)(discipline & appeal rules) 1961 were initiated against the petitioner in respect of 2 out of the 4 charges leveled against him. ..... he also challenged the validity of the rules under which he was proceeded against and pleaded that the penalty imposed on him was disproportionate to the misconduct. ..... mishra guilty for committing the grave misconduct for failing to maintain absolute integrity and further his misconduct amounts to unbecoming of a government servant in violation of rule 3(1)(i) & (iii) of ccs (conduct) rules, 1964.18. ..... mishra, by his aforesaid misconduct failed to maintain absolute integrity and also committed an act amounting to unbecoming of a government servant in violation of rule 3(1)(i) & (iii) of ccs (conduct) rules, 1964.16. ..... mishra amounts to 'unbecoming of a government servant' and is in violation of rule 3(1)(i) &(iii) of the ccs (conduct) rules, 1964.18. ..... on the prima facie opinion of the disciplinary authority that the misconduct of the petitioner was grave and that he had not maintained absolute integrity and that it amounted to conduct 'unbecoming of a government servant' in violation of the rule 3(1)(i) & (iii) of the ccs (conduct) rules, 1964.15. ..... mishra failed to maintain absolute integrity and conducted himself in a manner unbecoming of a government servant and thereby, violated the provisions of (i) & (iii) of rule 3 of the ccs (conduct) rules, 1964.3. .....
Tag this Judgment!Court : Delhi
Reported in : 41(1990)DLT130; (1992)ILLJ148Del
..... at that time confirmation of 30 class iv employees was pending, in its meeting dated 8.11.77 the administrative committee decided that the case of confirmation of class i v employee may be taken up after he has completed ..... in the light of the practice of appointing employees for three months at a time, without support of any statutory rules, absence of any rational method of selection and termination of service and absence of any seniority list maintained for the class iv employees for the purposes of promotion, the normal concept of break in service is ..... i would suggest the following steps for putting the house in order :- (i)statutory rules should be framed for appointment (including qualification and mode of appointment), confirmation, seniority and promotion of class iv employees; (ii) the power of appointment should be ..... [1986]1scr211 , certain persons were promoted in violation of the rules, but continued in such posts for more than 15 years. ..... counter affidavit that the staff of the high court is governed by rules framed by the chief justice in exercise of powers conferred by article 229 of the constitution of india and there is nothing in the delhi high court establishment (appointment and conditions of service) rules, 1972, so framed, that casts an obligation on respondent no. ..... as the supreme court has observed, power of relaxation of rules is available only to get over the unjust results and i am sure no specific direction would be necessary to be given to the respondents .....
Tag this Judgment!Court : Delhi
Reported in : AIR1995Delhi44; 1994(28)DRJ546
..... any person in possession or responsible for the custody of any such books, accounts, documents, securities, cash or other properties to produce the same, at any place specified by him; (b) he may, notwithstanding any rule or bye-law specifying the period of notice for a general meeting of the multi-state co-operative society require the officers of the society to call a general meeting of the society by giving notice of not ..... (1) if in the opinion of the central registrar the board of any multi- state co-operative society is persistently making default or is negligent in the performance of the duties imposed on it by this act or the rules or the bye-laws or has committed ny act which is prejudicial to the interests of the society or its members, or has omitted or failed to comply with any directions given to it under section 47 or that there is a ..... persons eligible for appointment to the posts of chief executives and other managerial posts in national co-operative societies, the maximum pay scale of which exceeds such amount as may be prescribed; (b) make rules for regulating the recruitment, remuneration, allowances and other conditions of service of officers and other employees of national co-operative societies. ..... be a member of the board and of the executive committee and such other committees or sub-committees as may be constituted under sub-section (1) of section ..... the effective control of a committee elected by the members of ..... committee in bye-law 29 besides business committees .....
Tag this Judgment!Court : Delhi
Reported in : 2006(112)ECC338; 2006LC338(Delhi); 2007(207)ELT351(Del)
..... power of compounding authority to grant immunity from prosecution.the compounding authority, if he is satisfied that any person who has made the application for compounding of offence under these rules has co-operated in the proceedings before him and has made full and true disclosure of facts relating to the case, grant to such person, subject to such conditions as he may think fit to impose, ..... of this decision, learned counsel for the petitioner contended that the parameters laid down by the supreme court would govern compounding of offences under the rules and, thereforee, the compounding authority must exercise his discretion in a judicial manner and must also give reasons for exercising his discretion.11. ..... as the second contention of learned counsel for the petitioner is concerned, namely, that the investigating agency was not given a hearing in the matter, we are of the view that the rules do not postulate an oral hearing being given to either of the parties when an application for compounding is intended to be allowed. ..... this application was made by him under the provisions of the customs (compounding of offence) rules, 2005 (for short the rules) which have been framed in exercise of powers conferred by sections 156 and 137 of ..... delay in disposal of criminal trials, the concept of 'plea bargaining' has been introduced as recommended by the law commission of india in its 154th report and also by the committee on criminal justice system reforms under the chairmanship of dr. .....
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