Court : Delhi
Reported in : 166(2010)DLT614
..... the simple point is, was there some evidence or was there no evidence not in the sense of the technical rules governing regular court proceedings but in a fair commonsense way as men of understanding and worldly wisdom will accept. ..... it is well settled that in a domestic enquiry the strict and sophisticated rules of evidence under the indian evidence act may not apply. ..... these are instructions of prudence, not rules that bind or vitiate in the violation. ..... saroj bidawat counsel for the respondent stated that the enquiry officer conducted a detailed enquiry as per rules after following the due procedure. ..... the essence of a judicial approach is objectivity, exclusion of extraneous materials or considerations and observance of rules of natural justice. ..... rule to which counsel for the respondent referred, based upon certain passages from american jurisprudence does not go to that extent nor does the passage from halsbury insist on such rigid requirement. .....
Tag this Judgment!Court : Delhi
Reported in : [1981]48STC443(Delhi)
ranganathan, j. 1. this reference under section 45 of the delhi sales tax act, 1975, raises a very short and interesting question. the question referred is : 'whether, on the facts and in the circumstances of the case, road traffic signalling equipment including blinkers as traffic equipment are electrical goods within the meaning of entry no. 18 of the first schedule and turnover thereof taxable at 9 per cent under clause (a) of sub-section (1) of section 5 of the bengal finance (sales tax) act, 1941, as extended to the union territory of delhi, at the relevant time ?' 2. the assessment year is 1969-70. the assessed, m/s. envoys india (p.) ltd., manufactures and sells electric welding sets, transformers, rectifiers, road traffic signalling equipmet, delay time relays, rectifier elements, electroplating machines, etc. it paid tax on its taxable turnover at the rate of 5 per cent. but the sales tax officer was of the opinion that the items dealt in by the assessed should be treated as electrical goods which fell in entry no. 18 set out in the first schedule to the act and as such they were liable to tax at 9 per cent instead of 5 per cent. he observed that, in the absence of any specific meaning given to the expression 'electrical goods', it should be understood in the sense in which it was used in common parlance and all articles, the use of which could not be had except with the application of electric energy, could be termed as electrical goods or appliances. applying this .....
Tag this Judgment!Court : Delhi
Reported in : 1995IIIAD(Delhi)24; AIR1996Delhi50; 60(1995)DLT747
..... 36 of the chamber allottee committee rules, 1980 is arbitrary and that the said rule is not implemented honestly and correctly since its insertion and is being ..... allotment committee rules, ..... the said chamber to him jointly with another eligible advocate or other eligible advocates and hon'ble the chief justice of high court of delhi may, in consultation with the allotment committee order the same if such other advocate or advocates are otherwise found eligible for allotment and the request is bonafide. ..... rule 36 reads as under: '36.notwithstanding anything contained in the rules and except where discretion vests with hon'ble the chief justice whenever there has been joint allotment under rules 6, 7 & 8, and the allotment of any joint allottee terminates under rule 29, the allotment committee shall again recommend joint allotment as per rules ..... (6) thus, as per the provisions of rules 29 and 36 in case of joint allottees if one of the joint allottees happened to get the termination of his allotment after 27.11.1990 then the allotment committee is entitled to allot the said chamber by way of joint allotment to the ..... considered then it would be quite clear that if the allotment of one of the allottees happened to terminate for the reasons stated in rule 29 then the allotment committee shall again recommend joint allotment as per the rules. ..... committee may permit application for allotment of chamber by persons mentioned in rule 6-a who are otherwise not eligible for allotment under that rule .....
Tag this Judgment!Court : Delhi
Reported in : (2008)IIILLJ322Del
..... subsequently the respondent served a show cause notice dated 31.8.2000 under rule 14(1) of the railway servants (discipline and appeal) rules, 1968 (hereinafter referred to as `the rules' for short) stating therein that he was convicted by the court of law on an aforesaid criminal charge in which he was imprisoned for 15 days and this conduct of the petitioner which led to the conviction ..... . thus in judicial proceedings when guilty is accepted, the issuance of show cause under rule 14(1) of the rules which deals with special procedure that can be adopted on the basis of conviction on a criminal charge ..... was thus made that he was not a fit person to be retained in services and, thereforee, show cause notice was given under rule 14(1) of the rules as to why penalty of removal from service be not imposed upon him. ..... noted above, in the present case after the conviction, show cause notice was issued under rule-14 of the railway servants (discipline and appeal) rules, 1968 and, thereforee, procedure as applicable was duly followed ..... : [1987]1scr200 wherein it has been held that the principle underlying rule 1 of order xxiii cpc should be extended even to writ petitions in the interests of administration of justice on the ground ..... but we are of the view that the principle underlying rule 1 of order xxiii of the code should be extended in the interests of administration of justice to cases of withdrawal of writ petition also, not on the ground of rest judicata but on the ground of public policy .....
Tag this Judgment!Court : Delhi
Reported in : 1998(46)DRJ183; (1998)119PLR41
k.s.gupta, j. (1) kasturi lal jain-plaintiff filed this suit alleging that plot no. a-82, measuring 412.50 sq. yards situated in the area of village malikpur chhaoni, zone c-18, in the layout plan of part-i of gujran wala cooperative house building society ltd., delhi is on lease with him and the defendants under the sub-lease of the society registered at seriall no. 890 in additional book no. 1 volume no. 2948 on pages 94110 dated march 2, 1973, with the sub-registrar, delhi. plaintiff and the defendants were having disputes in regard to rendition of accounts of a number of partnership firm including m/s. rolex metal industries (india). under threat, criminal intimidation and pressure exerted by the defendants, plaintiff executed general power of attorney dated september 21, 1981 in favor of defendant no. 1, release deed dated september 19, 1981 and affidavit dated september 21, 1981 so that the partition of immovable properties and disputes in regard to rendition of accounts etc. could be decided simultaneously. it is alleged that plaintiff never intended to forgo title in aforesaid plot no. a-82, gujranwala town. aforesaid general power of attorney, affidavit and the release deed thus being void or voidable are liable to be cancelled. it is further alleged that the aforesaid release deed amounts to transferring of the aforementioned plot and as envisaged by the terms and conditions of the perpetual sub-lease deed it could not have been executed by the plaintiff without the .....
Tag this Judgment!Court : Delhi
Reported in : 2009(41)PTC474(Del)
..... court while examining the question whether income tax appellate tribunal has inherent right to grant stay of the impugned demand during pendency of an appeal before them, had observed as under:.it is a fairly established rule that an express grant of statutory power carries with it by necessary implication the authority to use all reasonable means to make such grant effective (sutherland statutory construction, third edition, articles 5401 and 5402). ..... it will be incongruous to hold that ipab has power to extend the time fixed under the statutory rules but is functus officio and barred from extending time fixed in an order or direction given in an earlier order ..... - (1) if the appellate board is satisfied, on an application made to it in the prescribed form 3 under these rules, that there is sufficient cause for extending the time for doing any act prescribed under these rules (not being a time expressly provided for in the trade marks act, 1999), whether the time so specified has expired or not, it may subject to such conditions as it may think fit to impose, extend ..... been given power to extend the time even if the time is specifically fixed under the rules but cannot extend time fixed under the provisions of the parent act. ..... that there is no express provision in the act or the rules framed there under giving the tribunal jurisdiction to do so. ..... while dealing with the companies (court) rules, 1959, it was observed that in procedural matters time granted and fixed by the court .....
Tag this Judgment!Court : Delhi
Reported in : 2002VAD(Delhi)475; 96(2002)DLT699; [2002(93)FLR625]; 2003(1)SLJ54(Delhi)
..... the learned single judge referred to the observations of the supreme court on the interpretation of the rules and came to the conclusion that if a welfare officer is dismissed without applying for concurrence, he may make an appeal but only in a case where a punishment has ..... concurrence is given, of if a welfare officer is dismissed without applying for concurrence, he may make an appeal under rule 6(6); but before such an appeal can be competent, it must appear that the punishment mentioned in clause (v) of sub-rule (3) of rule has been imposed upon him. ..... learned counsel for the petitioner contended that the services could not be terminated except in accordance with the said sub-rule after obtaining the prior approval of the chief commissioner.5. ..... there is not doubt that when rule 6(3)(v) refers to dismissal or termination of service in any other manner, it takes in dismissal or termination of service in any other manner, it takes in dismissal or termination of service which is in the nature of a punitive termination ..... was dismissed vide order dated 11.7.2001 agreeing with the interpretation of the learned single judge of sub-rule 4 b of rule 76-a of the delhi factories rules, 1950. ..... the relevant sub-rule 4b of the said rule is as under :'(b) the conditions of service of a welfare officer shall be the same as of other members of the staff of corresponding status in the factory, provided that no punishment shall be inflicted on a welfare officer without obtaining the prior approval .....
Tag this Judgment!Court : Delhi
Reported in : 18(1980)DLT99
..... to the provision of sections 44(6) of the act, the election of a person as pradhan of a gaon sabha or as member of gaon panchayat or as panch or a circle panchayat shall not be called in question except by an election petition, presented in accordance with these rules, and on any of the following grounds:- (a) that the election has not been a free election by reason that the corrupt practice of bribery or undue influence has extensively prevailed at the election, or (b) that the result of the ..... (25) the learned judge also held that, 'development commissioner' had been substituted in place of 'deputy commissioner' as a result of all amendment of rule 7 and the development commissioner was authorised to issue notifications under the act. ..... but, if in substance what was being complained of was an infraction of the act and rules then the statutory requirement to file an election petition could not be avoided by the merely working the prayer in general terms. ..... further the absence of a register and/or up to date register, as required under rule 4 does not by itself, invalidate the election; because the primary qualification for becoming a member of the gaon sabha is the inclusion of the name in the electoral roll of the parliamentary constituency, and not in the register. ..... the deputy commissioner being the empowered authority, under rule 8 of the rules, the development commissioner had no power, authority or jurisdiction to do so. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1972Delhi888
..... promotion to permanent posts of assistant sub-inspectors of police in a substantive capacity, on every occasion and as prior to the date a head constable junior to the appellant concerned was substantively promoted or placed on probation on way to automatic promotion under rule 13.18 during the period since the appellants were respectively promoted as officiating assistant sub-inspectors against permanent posts, and if the appellants be found fit, they would be substantively promoted and confirmed and given their ..... dissatisfied with this decision, the appellants have filed these appeals and have contended that on construction of the relevant rules, the appellants should be treated as having been placed on probation on the date of their appointment as officiating assistant sub-inspectors and on the expiry of two years thereafter they be held entitled to automatic confirmation without a fresh order ..... sub-inspectors on various dates (appearing hereinafter) but they kept them- in this officiating capacity for a number of years and did not either confirm them or place them on probation on the way to automatic confirmation under rule 13.18 and also denied them the facility of being sent up for training to the upper school. ..... on 1st october, 1963, he was placed on list permanent and was promoted as officiating assistant sub-inspector on 29th october, 1963 against what we have been informed was a temporary post. .....
Tag this Judgment!Court : Delhi
Reported in : 118(2005)DLT665; 2006(1)SLJ243(Delhi)
..... may exercise his right to vote, but where he does so, he shall give no indication of the manner in which he proposes to vote or has voted;(ii) a government servant shall not be deemed to have contravened the provisions of this sub-rule by reason only that he assists in the conduct of an election in the due performance of a duty imposed on him by or under any law for the time being in force explanation:- the display by a government servant on his person, ..... there is thus merit in the petitioner's contention that rule 5 of the ccs (conduct) rules, would not be attracted and there would be no bar on the petitioner's application for withdrawal of the resignation being considered petitioner next contended that under rule 26(4) of ccs (pension) rules, resignation can be permitted to be withdrawn in the ..... this participation in politics you become ineligible for job under rule 5 of the ccs (conduct) rules.this issues with prior approval of the competent authority.sd/- ..... respondents, who did not reject the withdrawal of resignation under rule 26(4) of ccs (pension) rules, cannot now seek to support the same there under.13 ..... interruption in service in a case falling under sub-rule (2), due to the two appointments being at different stations, not exceeding the joining time permissible under the rules of transfer, shall be covered by grant of leave of any kind due to the government servant on the date of relief or by formal condensation to the extent to which the period is not covered by leave .....
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