Court : Delhi
Decided on : Nov-24-1998
Reported in : 76(1998)DLT972
..... would show that the plaintiff based his suit on the alleged agreement dated 2.6.1987. counsel submitted that thus, the suit is clearly hit by section 69 of the indian partnership act and relied upon the ratio of the decision in lalit kumar & ors. vs . municipal corporation of delhi & anr.; reported in : 56(1994)dlt123 where the suit was ..... not, but, admit the aforesaid position in view of the existence of several other documents on record. i also find on record that subsequently the plaintiff also sought for amendment of the plaint on that count and the same was also granted. thus, it is to be seen and considered as to whether the present suit instituted by an unregistered ..... in the said decision the supreme court held that if a suit is hit by the provisions of section 69 of the partnership act on the date of filing of the suit would not be saved by subsequent amendment in the plaint.11. the plaintiff through an application got the name of defendant no.2 deleted from the array of parties on .....
Tag this Judgment!Court : Delhi
Decided on : Nov-24-1998
Reported in : 1998VIIAD(Delhi)409; 1(1999)CLT1; 1999(48)DRJ589; (1999)121PLR29; 1999RLR45
..... court has jurisdiction to regulate the right of the opposite party to amend his pleadings or file a new or additional pleading. the following principles and procedural steps deducible from english and indian practice should regulate the procedure:-(i) once a plaint has been amended consequent upon leave having been allowed by the court, the defendant ..... to amendment of pleadings withdrawing admissions and dealing with principles governing such prayers was dealt with by this court in at ..... alternative in an effort to protect his possession.11.2 in a very limited category of cases an amendment proposing to withdraw an admission and plead an inconsistent case may be allowed s.31 evidence act provides -admissions are not conclusive proof of the matters admitted but they operate as estoppels. law as .....
Tag this Judgment!Court : Delhi
Decided on : Nov-30-1998
Reported in : 2000(115)ELT324(Del)
..... coercive recovery with penal consequences. hence this petition.16. the petitioners submit that the circular was manifestly incorrect and based on the misreading of the amendments of finance act of 1996 and 1997. prior to 1996 there was no dispute with the technical grade pesticides which are usually chemically defined compounds fall under heading 38 ..... reference to the nomenclature indicated by the h.s.n. explanatory notes unless there be a different intention indicated by the central excise tariff act. the expression used in the indian tariff act must be construed to have the same meaning which is expressly given to it in the h.s.n. when there is no ..... heading 38.08.36. it has also been brought to our notice by the learned senior counsel for the petitioner that the ministry of agriculture and the indian institute of chemical technology have also clarified that the technical grade pesticides and their formulations fall in the same category and should not be interpreted separately for .....
Tag this Judgment!Court : Delhi
Decided on : Nov-30-1998
Reported in : (1999)151CTR(Del)110
..... specifications of the apartment are all tentative. the same as well as the area were subject to alteration depending on certain circumstances. the price was also liable to be amended depending on certain factors. the apartment was likely to be completed and be deliverable to the allottee within four years from the date of the agreement. there were schemes ..... to examine the scheme of chapter xx-c and the relevant provisions thereof.10.1. chapter xx-c consisting of sections 269u to 269uo was inserted in the act by finance act, 1986, with effect from 1-10-1986.10.2. section 269u empowers the central government to notify the dates on which the provisions of this chapter shall ..... shall be far below the market value of the property on the date of purchase. the act does not make a provision for payment of solarium to the parties adversely affected. this is an aspect which has to be taken care of by suitable amendment in the legislation.28. to sum up, our findings are:(i) agreement for transfer as .....
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