Court : Delhi
Decided on : Jan-09-2009
Reported in : 160(2009)DLT555
..... retention in service in terms of the office order no. 99/1963 and the circular dated 30.6.98 issued under clause (e) of section 4 of the drt laws (amendment) act, 1971. it is stated that the said provision makes all orders as well as regulations, appointments, notifications, bye-laws, schemes, standing orders and forms related to the transport ..... and the circumstances in which extension of their services is permissible after 55 years, we shall now examine the scope of section 47 of the disabilities act which was enacted by the indian parliament after india became a signatory to a convention held in beijing in december, 1992 when a decision was taken to launch the asian and pacific ..... is dismissed. + wp(c) 13885/2006 24. in this case the petitioner was appointed as a driver by the dtc on 25.06.1985 after he retired from indian army. while the petitioner was driving the bus on which he was deputed, it met with an accident. a case was registered against him under section 279 for which .....
Tag this Judgment!Court : Delhi
Decided on : Jan-09-2009
Reported in : 156(2009)DLT481; [2009(121)FLR97]; (2010)ILLJ447Del
..... or which creates a new obligation or imposes a new burden in respect of past transactions will not be treated as retrospective. thus to apply an amending act, which creates a new obligation to pay additional compensation, or which reduces the rate of compensation to pending proceedings for determination of compensation for acquisitions already ..... rule may well result in virtual nullification of most of the statutes. an amending act is, therefore, not retrospective merely because it applies also to those to whom pre-amended act was applicable if the amended act has operation from the date of its amendment and not from an anterior date. but this does not mean that a ..... such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section.8. the said act was enacted by the indian parliament pursuant to having become a signatory to an international convention held in beijing in december, 1992, which took a decision to launch the asian .....
Tag this Judgment!Court : Delhi
Decided on : Jan-09-2009
Reported in : (2009)IILLJ475Del
..... or which creates a new obligation or imposes a new burden in respect of past transactions will not be treated as retrospective. thus to apply an amending act, which creates a new obligation to pay additional compensation, or which reduces the rate of compensation to pending proceedings for determination of compensation for acquisitions already ..... rule may well result in virtual nullification of most of the statutes. an amending act is, therefore, not retrospective merely because it applies also to those to whom pre-amended act was applicable if the amended act has operation from the date of its amendment and not from an anterior date. but this does not mean that a ..... such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section.8. the said act was enacted by the indian parliament pursuant to having become a signatory to an international convention held in beijing in december, 1992, which took a decision to launch the asian .....
Tag this Judgment!Court : Delhi
Decided on : Jan-09-2009
Reported in : 156(2009)DLT685
..... which amounts to an exercise of discretion and which may yet amount to a judgment within the meaning of the letters patent. suppose the trial judge allows the plaintiff to amend his plaint or include a cause of action or a relief as a result of which a vested right of limitation accrued to the defendant is taken away and rendered ..... they felt that it is already barred by time. the limitation for filing of the suit under article 58 of the limitation act for suit for declaration is 3 years. we feel at this stage, even an application for amendment of the plaint is also not maintainable. the application filed by the appellant under order 7 rule 11 of code of civil ..... documents, the respondent no. 1 and 2 bought the said property. therefore, it is clear that the above said documents are contrary to the provisions of the transfer of property act and the said sale is not to be considered as a valid sale under the law. further, he has argued that the division bench had also come to the conclusion .....
Tag this Judgment!Court : Delhi
Decided on : Jan-14-2009
Reported in : 2009BusLR360(Del); 157(2009)DLT791; LC2009(1)356
..... company that was earlier marketing safety matches under the registered mark 'three stars' but due to government policy was prohibited from selling safety matches in india. the indian company had sought cancellation of the registration of the mark on the ground of non-user. in that context reference was made to english decisions to decide the ..... were enacted to provide for registration and better protection of trade- marks and for prevention of use of fraudulent marks. the act was also passed to amend and consolidate the law relating to trade mark. historically, protection of intellectual property rights in form of trade- mark, etc. is a common law right. the ..... case, the question of prior use can be judged or decided on the basis of user in india alone. indian market is opening up and foreign or multinational brands have moved and/or are likely to move. similarly, indian brands are likely to move out and expand into markets abroad. national and manmade borders and boundaries are gradually .....
Tag this Judgment!Court : Delhi
Decided on : Jan-15-2009
Reported in : [2009(121)FLR206]; (2009)IILLJ666Del
..... first respondent is directed to modify the reference order and to include the claim of the workmen for reinstatement with full back wages. the said modification/amendment will be done within a period of four weeks from today. the industrial adjudicator shall thereafter proceed with the reference and dispose of the same as ..... to the first respondent - union of india to refer the industrial dispute to the industrial adjudicator.2. the respondent workers had been working with the appellant, indian oil corporation (ioc for short) for more than two decades as safai karamcharies, except for a short period from 19th july 1995 to 20th february, 1996. ..... would result in perpetuating illegalities and in the jettisoning of the scheme of public employment adopted by us while adopting the constitution. the approving of such acts also results in depriving many of their opportunity to compete for public employment. we have, therefore, to consider the question objectively and based on the constitutional .....
Tag this Judgment!Court : Delhi
Decided on : Jan-16-2009
Reported in : 157(2009)DLT425
..... argued that such a declaration was outside the domain of the revenue courts.10. at this stage, it would be apposite to set out the reliefs claimed in the amended plaint. 'in the premises stated herein above it is the most respectful prayer of the plaintiff that this hon'ble court may be pleased to:a. pass a ..... claimed in the plaint to that of declaration and injunction. the defendants filed their reply to the said application in which they inter alia contended that the suit even after amendment would be barred by the aforesaid provisions of law.8. on 1st october, 2008 the counsel for the defendants reiterated the aforesaid argument. however, since the arguments on ..... allowed and arguments were also heard on the maintainability of the suit as per the amended plaint.9. the counsel for the plaintiff does not dispute that the provisions of the delhi land reforms act apply to the land. it is also not disputed that under section 50 thereof the bhumidari rights of shri nand ram verma aforesaid do .....
Tag this Judgment!Court : Delhi
Decided on : Jan-16-2009
Reported in : (2009)221CTR(Del)36; [2009]178TAXMAN491(Delhi)
..... had to be specifically empowered by the board to issue warrants of authorisation of search and seizure operations under section 132 of the said act. after the 1975 amendment, even deputy directors of inspection and inspecting assistant commissioners could initiate action under section 132 provided they were specifically empowered to do so by ..... any further authorisation from the board, could issue warrants of authorisation of search and seizure operations under section 132. the second category of persons was also amended. it comprised of the deputy director of income-tax and the deputy commissioner of income-tax. these persons, however, required specific empowerment by the board ..... our attention to a notification dated 23.10.1998 issued by the central government under section 117(1) of the said act. the said notification merely re-designated certain officers of the indian revenue service w.e.f. 01.10.1998. the re-designation, inter alia, entailed that deputy directors of income-tax .....
Tag this Judgment!Court : Delhi
Decided on : Jan-16-2009
Reported in : 159(2009)DLT158
..... . she has not shown any authority or precedent for this proposition and the only source or foundation for it may be traceable to section 36 of the indian divorce act, 1869. this archaic statute mercifully does not apply to the parties before the court, and is a vestige of a bygone era where the wife/woman ..... mrs. radhika narang as a whole time director (marketing division) of the company, in accordance with the provisions of the companies act, 1956 including schedule xiii for the time being in force or as amended/modified from time to time by the central government. the agreement may be terminated by either side giving three months notice in ..... maintenance is self- evident. in the case of atul shashikant mude v. niranjana atul mude : air1998bom264 it was held that the maintenance under section 18 of the act is the support to life having provision for food, clothing, residence, education, medical attendance and treatment and shelter which when denied, are required immediately to be granted .....
Tag this Judgment!Court : Delhi
Decided on : Jan-23-2009
Reported in : 156(2009)DLT725
..... alienate many ordinary and influential people who would otherwise be strongly supportive of comprehensive and tough tobacco control. i conclude that nations should pass or amend laws to require 'no product placement' disclosures; global efforts should be increased to expose the extent and consequences of smoking in movies; and whistleblowers ..... television programmes, including dubbed and sub-titled 'foreign films' and television programmes, being screened in cinema halls or theatres or aired on television;(c) indian or foreign documentaries and health spots displaying use of tobacco products made to clearly and unambiguously reflect the dangers and dire consequences of tobacco use being ..... , cigarettes and other tobacco products and for matters connected therewith or incidental thereto....4. a reading of the aforesaid preamble shows that the said act is not only a child of the world opinion to discourage smoking but is also in furtherance of the constitutional mandate contained in article 47 .....
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