Court : Delhi
Decided on : Nov-02-1998
Reported in : AIR1999Delhi96; ILR1998Delhi945
..... : air1989delhi227 and various other decisions. in these cases the question involved was regarding the premature termination of the lease under section 4a of the act. it further appears that the act was amended in 1986 and subsection (3) to section 4a was inserted thereby incorporating statutory requirement of grant of a reasonable opportunity of being heard before making ..... judge. there can be various reasons for dismissal of a special leave petition under article 136. the question stands squarely settled by supreme court in the case of indian oil corporation ltd. v. state of bihar, air 1986 sc 1780. reversing the decision of the division bench of the patna high court on the question ..... , these observations have no relevance on the question of exercise of the power by this court under article 226. apart from the decision in the case of indian oil corporation air 1986 sc 1780 (supra), the point in issue also stands concluded by a constitution bench decision of the apex court in the case of .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Oct-08-1998
Reported in : (1998)(62)ECC631
..... excisable goods on which duty of excise has been erroneously refunded, the date of such refund.the central excises & salt act 1944 was further amended in 1985 vide central excises and salt (amendment) act 1985. the amended provisions, which came into force from 27.12.85 provided that the show cause notice in regard to duty of excise ..... it was argued, is clear from the statement of objects and reasons relating to the central excise and salt (amendment) act, 1985 which inter alia, amended section 11a of the act. it was stated therein that the amendment provided that show cause notice in regard to duty of excise short levied or short paid by reason of fraud, ..... companies to purchase shares in indian companies. we do not find any justification to read a "central excise officer" as "the asstt.collector of central excise" whether by a contextual situation or the object and design of the legislation.30. section 12a inserted by section 4 of the central excises & salt (amendment) act 1985 (79 of 1985 .....
Tag this Judgment!Court : Delhi
Decided on : Sep-25-1998
Reported in : 1999IAD(Delhi)170; 75(1998)DLT836
..... of the section would show that action could be taken under this section after following the provisions of section 195. section 195 of the punjab municipal act, 1911, as amended by the punjab municipal (new delhi amendment) act, 1984 (no. 39 of 1984) by the parliament, reads as under: 195. penalty for disobedience - (1) should a building be beg, ..... 7. the party will not convert the building into more dwelling unit than sanctioned. 8. the building shall not be constructed within minimum distance as specified in indian electricity rules from voltage lines running on side of the site. 9. the land left open on consequences of the enforcement of the set back rule shall form ..... 7. the party will not convert the building into more dwelling unit than sanctioned. 8. the building shall not be constructed within mimimum distance as specified n indian electricity rules from voltage lines running on side of the site. 9. the land left open on consequences of the enforcement of the set back rule shall form .....
Tag this Judgment!Court : Delhi
Decided on : Sep-22-1998
Reported in : 75(1998)DLT737; 1999(48)DRJ58
..... of the plaintiff no. 1 and the associates of plaintiff no.2 hold 51% equity shareholding of plaintiff no. 1. however, by an amendment agreement dated 17.11.1996 some amendments were brought in to the aforesaid share purchase and co-operation agreement which however, is not of much relevance for the present case. the defendant ..... also be granted to give effect to the aforesaid negative convenant.6. in support of his submissions the learned counsel relied upon a catena of decisions in jairam valjeet v. indian iron & steel co. ltd. : air1940cal466 ; kirlyanand sinha v. ramanand sinha and ors. : air1936pat456 ; gujarat bottling co. ltd. v. coca cola co., : air1995sc2372 . ..... remedied by damages and no by specific performance as is laid down under section 14 of the specific relief act. in support of the aforesaid contention the learned counsel relied upon the decision of the supreme court in indian oil corporation v. amritsar gas service and ors., : (1991)1scc533 . he however, submitted that on a .....
Tag this Judgment!Court : Delhi
Decided on : Sep-16-1998
Reported in : 4(1998)CLT165; 75(1998)DLT694
..... has done so. a copy of the rules duly passed and sanctioned is filed in the case. to these rules the provisions of the provident fund act of 1897, as amended by the act of 1903 apply. at this time master was a widower with one daughter aimai. the rules require that a subscriber to the provident fund should nominate ..... , : air1996delhi68 , this court reviewing the case law on the point, held :'the legal scope in regard to nominations and the assignment is the same under the english and indian laws and in this respect one may only draw attention to preston and colinvaux (1950 edn.), the law of insurance (sweet and maxwell) and the law of life insurance ( ..... the learned district judge held that the will was not expressive of any definite intention and was, thereforee, not a will as defined in section 2(h) of the indian succession act. in view of this finding the learned district judge rejected the application for probate. an appeal was taken to the high court. the high court held that the due .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Sep-04-1998
Reported in : (1998)(62)ECC591
..... in various high courts during the period from 1975 to 1981. some matters were taken to the supreme court. there were amendments to the central excises act, 1944 (for short, the act) in 1982 and these amendments were also challenged. notification no. 30/79 provided partial exemption by basing effective rate of duty on value and number.this ..... merely observed prices; they recorded prices visualised, if not fixed by itc.136. a49 is a note from s. misra, marketing manager, regarding "prices" sent to the indian tobacco division board (itdb) marked "strictly private and confidential". clause (aa) of the note clarified that no price changes, not even minor changes can be made without ..... correctness of the same or go behind those particulars and declare and print pp of his choice. the invocation of illustration (f) to section 114 of the indian evidence act, in the instant case, was completely misplaced. if at all, the illustration can be invoked in support of the job worker who, as a matter of .....
Tag this Judgment!Court : Delhi
Decided on : Aug-25-1998
Reported in : 1998VAD(Delhi)285; 3(1998)CLT609; 75(1998)DLT3; 1998(46)DRJ719
..... wherever it occurs in chapter 6 means the 'state govt'. and the rules should be so construed. the rule making authority would be better advised to carry out suitable amendment in chapter vi so as to substitute the expression 'state govt' for the 'state transport undertaking' wherever it occurs. however, still the submission of the learned counsel for ..... immediate action, to take such action or to give such direction in the matter as he deems necessary.' (underlining by us)63. the govt of nct of delhi act, 1991 ( act no.1 of 1992) was enacted by the parliament and came into force on 1.2.1992. sections 41 and 44 (to the extent relevant for our purpose) ..... conditions of permits and fare structure along with application from : and whereas in exercise of powers conferred under sub-section (3) of section 71 of the motor vehicles act, 1988 ( act no. 59 of 1988) the lt governor of the national capital territory of delhi with the prior approval of govt of india ministry of surface transport, new delhi .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Aug-24-1998
Reported in : (1999)69ITD69(Delhi)
..... 6) of s. 43." (b) the various conditions prescribed in s. 34(1) and 34(2) relating to grant of depreciation were omitted by the taxation laws (amendment & miscellaneous provisions) act, 1986 w.e.f. 1st april, 1988. (i) in respect of any previous year relevant to the assessment year commencing on the 1st day of april, 1988, ..... carried on work in india as consulting engineers. it was a branch of a company in america. however, it was required to be considered a company under the indian it act, 1922. some of the employees of the assessee were american nationals who were paid salaries partly in dollars and partly in rupees. the dollar part of the ..... therefore, the advantage secured was in the field of revenue and not capital; (iii) that, therefore, the expenditure was deductible under s. 10(2)(xv) of the indian it act, 1922, in computing the respondent's business profits." "the assessee, a private company carrying on the business of manufacture and sale of sugar, paid to the cane development .....
Tag this Judgment!Court : Delhi
Decided on : Jul-28-1998
Reported in : 1998VAD(Delhi)471; 75(1998)DLT376
..... must be said that there was no cause of action. this would be true in respect of notice either under the indian railways act or under section 80 cpc. supposing for the sake of argument the application for amendment is allowed, even then the suit will remain defective from the point of view of lack of proper notice. thus there ..... orders.n. kapoor, j.1. this petition is directed against the rejection of an application for amendment. the appellant filed an application under section 18 of railway claims tribunal act praying for amending date of booking from 24th november 1993 to 21st november 1993 in para 5 and in para 7.1 (a) of the application for the same has ..... been mentioned by mistake.2. the respondent objected to the amendment and submitted that by amending the date of booking from 24th november .....
Tag this Judgment!Court : Delhi
Decided on : Jul-24-1998
Reported in : [2000]102CompCas203(Delhi); 74(1998)DLT715; ILR1999Delhi41
..... two important events took place-(1) on december 21, 1984 the technical know-how agreement was executed by and between the first defendant acting in his capacity as the promoter of the proposed indian company and baker oil tools (united kingdom) limited, and (2) on february 13, 1985 the second defendant was incorporated with ..... oil tools (u.k.) division undertook to supervise the performance of obligation by baker oil tools (united kingdom) limited under the 'technical know-how agreement' as amended by the first addendum thereto. subsequently, on november 18,1985, the first defendant, baker international limited, baker oil tools (u.k.) division and baker oil ..... oil tools (u.k.) division under took to perform the obligations of baker oil tools (united kingdom) limited under the 'technical know-how agreement' as amended by the first addendum and the second addendum. this agreement also highlights the difference and distinction between the 'basic agreement' and the 'technical know-how agreement' .....
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