Court : Delhi
..... the petitioner seeks to place reliance on shailesh kumar sinha (supra), wherein the division bench of the patna high court dealt with the challenge to the validity of section 19(4) of the bihar excise act, 1915 as amended on 31.03.2016 and the consequential notification issued by the state thereunder dated 05.04.2016, imposing a complete ban on wholesale trade and retail trade, and consumption of foreign liquor in the state of ..... petitioner has preferred the present writ petition to challenge the constitutionality and vires of section 3(1)(ii) of the maharashtra control of organized crime act, 1999 (mcoca, for short) which was extended to national capital territory of delhi by notification dated 02.01.2002; and to seek a writ of certiorari for quashing of the order on sentence dated 11.04.2018 ..... judge noticed the fact that in respect of offences involving commercial quantities of drugs/ substances, the ndps act prescribes the minimum sentence/ fines and takes away the discretion of the court in the matter of ..... the opinion of the law commission was premised on the foundation that if the punishable act has caused no harmful effect, the punishment may be mild, and if the act causes some harm- but if the offender can repair the damage done to society, ..... page 10 of 30 principal subject-matter of the statute and the particular perspective for the reason that for certain purposes an act may be general and for certain other purposes it may be special and such a distinction cannot be blurred. .....
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..... in the public interest so to do, hereby exempts the taxable service provided by a commercial concern to any person, in relation to commercial or industrial construction service, from so much of the service tax leviable thereon under section 66 of the said act, as is in excess of the service tax calculated on a value which is equivalent to thirty-three per cent of the gross amount charged from any person by such commercial concern for providing the said taxable service: provided that ..... the taxable service of the description specified in column (3) of the table below and specified in the relevant subclauses of clause (105) of section 65 of the finance act, specified in the corresponding entry in column (2) of the said table, from so much of the service tax leviable thereon under section 66 of the said finance act, as is in excess of the service tax calculated on a value which is equivalent to a percentage specified in the corresponding entry in column (5) of the said table, of ..... of service tax on works contract by finance act, 2007 does not mean that we have to read down, the scope and ambit of the provisions enacted levy tax on contracts relating to commercial and industrial construction service or construction of (residential) complexes services as specified by finance act 2004 and finance act 2005 respectively. ..... tax on services rendered by mandap-keepers and outdoor caterers is in pith and substance, a tax on services and not a tax on sale of goods or on hirepurchase activities. .....
Tag this Judgment!Court : Delhi
..... of this court referred to the earlier order passed in wp(c) no.3141/2004 whereby direction was given to the respondents to pay 50% of salary to the appellant subject to the outcome of oa no.2008/2003 as well as the order dated 15th december 2005 passed by the cat in oa no.2008/2003 and held that in view of the directions contained in those orders, the... ..... petitioner sought information under the right to information act, 2005 ( rti act ). ..... a reply was given under the rti act by the kvs, delhi region on 18th november 2015, inter alia, confirming that on 17th january, 2011, an office order had been passed by the assistant commissioner, kvs, sanctioning payment of rs.1,23,816/- towards encashment of 134 days of el ..... finally, on 15th december 2005, the cat disposed of ..... our opinion, the impugned order is liable to be set aside because the view taken by the high court on the appellant s entitlement to get full salary for the period between 5.11.2003 and 31.12.2005 is ex-facie erroneous. ..... the result, the appeal is allowed, the impugned order is set aside and the respondents are directed to pay full salary and allowances to the appellant for the period between 5.11.2003 and 31.12.2005. ..... being the position, there could be no justification to deny full salary to the appellant for the period between 5.11.2003 and 31.12.2005.16. ..... , the same could not be relied upon by the respondents and the high court for denying the appellant of his right to get full salary between 5.11.2003 and 31.12.2005.15. .....
Tag this Judgment!Court : Delhi
..... (c) 6692/2014 page 11 of 12 made a fortune by receiving more than rs.12,00,000/- under section 17b of the industrial disputes act during the pendency of this petition. ..... jagdish chander, 2005 (120) dlt664 30. ..... shafiq khan, (2005) 8 scc46and lucknow kshetriya gramin bank v. .....
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..... breach of the contract, unless it is held that such estimate of damages/compensation is unreasonable or is by way of penalty, party who has committed the breach is required to pay such compensation in terms of section 73 of the contract act; (iii) that section 74 of the contract act is to be read with section 73 thereof and in every case of breach of contract, the person aggrieved by the breach is not required to prove actual loss or damage suffered by him before he can claim a decree; the court ..... delhi development authority (2015) 4 scc136set aside a judgment of the division bench of this court allowing appeal (by relying on section 74 of the contract act) against the judgment of the single judge of this court ordering refund of earnest money on the ground that the seller had not suffered any loss. ..... . (iii) mou dated 31st january, 2005 between akm and shringar cinemas ltd ..... . though senior counsel for akm has also referred to section 51 of the contract act, 1872 concerning reciprocal promises and to nathulal vs ..... . (iv) mou dated 4th october, 2005 between akm and pantaloon retail (india) ltd .....
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..... breach of the contract, unless it is held that such estimate of damages/compensation is unreasonable or is by way of penalty, party who has committed the breach is required to pay such compensation in terms of section 73 of the contract act; (iii) that section 74 of the contract act is to be read with section 73 thereof and in every case of breach of contract, the person aggrieved by the breach is not required to prove actual loss or damage suffered by him before he can claim a decree; the court ..... delhi development authority (2015) 4 scc136set aside a judgment of the division bench of this court allowing appeal (by relying on section 74 of the contract act) against the judgment of the single judge of this court ordering refund of earnest money on the ground that the seller had not suffered any loss. ..... . (iii) mou dated 31st january, 2005 between akm and shringar cinemas ltd ..... . though senior counsel for akm has also referred to section 51 of the contract act, 1872 concerning reciprocal promises and to nathulal vs ..... . (iv) mou dated 4th october, 2005 between akm and pantaloon retail (india) ltd .....
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..... ) 234/2019 page 32 of 66 compounds with his creditors, or carries on business under a receiver, trustee or manager for the benefit of his creditors, or if any act is done or event occurs which (under applicable laws) has a similar effect to any of these acts or events, or other thing of value, as an inducement or reward: for doing or forbearing to do any action in relation to the contract, or for showing or forbearing to show favour or disfavour to any person in relation to the contract, (i) (ii) if any of or the contractor's personnel, ..... this is a petition under section 9 of the arbitration & conciliation act, 1996 ( act ) seeking interim injunction restraining the respondents from invoking retention money bank guarantees ( rmbg ) for rs.13,84,35,000/- each dated 18.04.2014 and 08.09.2014 respectively as well as performance bank guarantee ( pbg ) for rs.31,68,44,008/- dated 15.03.2013.2 ..... the court has held that to accept this would be to defeat section 42 of the specific relief act, 1963 and make the terms of the contract otiose. ..... in reply to the application under section 17 of the act before the arbitral tribunal, the respondents have stated in para (s) that the respondents after complying with clause 4.2 reinvoked the bgs on 23.7.2019 ..... indore development authority (2005) 6 scc304and fuerst day lawson v ..... by this invocation, petitioner filed a petition in this court under section 9 of the act being omp(i)(comm) 200/2019. ..... state of bihar [(2005) 1 scc608:2005. ..... [(2005) 4 scc303:2005. .....
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..... bhargava joined ras on 1st july, 2005, he was not entitled for permanent secondment. ..... saxena referred to the order dated 18th august, 2005 of the cat in oa no.251/2005 (raghav prasad bhatnagar v. ..... this applied only to batches between 2002 to 2005 and not to earlier batches.20. ..... on the basis of recommendations of the inter-ministerial committee, a special recruitment drive was made to fill up the vacancies for the 2002-2005 batches of ras.28. ..... (c) no.5954/2016) had passed the ies exam in 1993 and had been on deputation on cabinet secretariat in the telecom cadre since july, 2005. .....
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..... bhargava joined ras on 1st july, 2005, he was not entitled for permanent secondment. ..... saxena referred to the order dated 18th august, 2005 of the cat in oa no.251/2005 (raghav prasad bhatnagar v. ..... this applied only to batches between 2002 to 2005 and not to earlier batches.20. ..... on the basis of recommendations of the inter-ministerial committee, a special recruitment drive was made to fill up the vacancies for the 2002-2005 batches of ras.28. ..... (c) no.5954/2016) had passed the ies exam in 1993 and had been on deputation on cabinet secretariat in the telecom cadre since july, 2005. .....
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..... . billimoria is that the amendment incorporated in the second explanation in section 9(1) of the income tax act with effect from 1st april, 2019 would not have retrospective application ..... . that, clearly, is not the purport of the substituted clause (a) of explanation-2 to section 9(1) of the act, with effect from 1st april, 2019.8 ..... appeal is preferred by the assessee against the common order passed by the income tax tribunal delhi bench i-2 new delhi dated 28th may, 2019, in several itas preferred before it, pertaining to the assessment years 2004-05, 2005-06, 2006-07, 2007-08 & 2009-10. ..... . (c) rril acts almost like a sales office of rr plc and its group companies .....
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