Court : Delhi
Decided on : Jul-17-1998
Reported in : 1998(46)DRJ397
..... 37. the two submissions, though attractive on their face have to be discarded on deeper scrutiny as would be demonstrated presently.38. by the constitution (69th amendment) act, 1991, article 239aa was introduced in part viii of the constitution. this article renamed union territory of delhi as the national capital territory of delhi and ..... 239aa of the constitution (i) for want of legislative power, and (ii) on account of repugnancy :-35. article 239aa was inserted in the constitution by the 69th amendment act, 1991 w.e.f. 1.2.1992. clause (3) of this article which is relevant for our purpose, is extracted and reproduced hereunder :-3(a) subject ..... actionable claims. article 366(12) of the constitution was referred to which provides,' goods includes all materials, commodities and articles.' article 366(29a) inserted by the 46th constitution amendment act was also referred to. clause (a) thereof, material in the context, runs thus :- '(29a) tax on the sale or purchase of goods includes (a) a .....
Tag this Judgment!Court : Delhi
Decided on : Jul-17-1998
Reported in : 1998IVAD(Delhi)708; 1998(46)DRJ310
..... on appeal from singapore in cosmic insurance corporation ltd. v. khoo chiang poh.' the learned author had in mind section 36c of the companies act, 1985 (england) which was introduced by the amendment act, 1989.41. in pennington's company law (5th edition), the learned author has expressed the view that such a pre-incorporation contract would ..... fact the company was in the process of formation and due intimation was sent to the defendant after the company had been formed in accordance with the indian companies act, 1956. it is denied that there could be any connivance between the plaintiff and the defendant who by themselves are not making false allegations to make ..... requesting him to expedite the permission from reserve bank of india for a interest free loan of rs.3.20 crores to be secured by us from our indian promoters abroad. this amount will be changed into equity after getting the required permission from government agencies. we are pursuing this matter with them vigorously in order .....
Tag this Judgment!Court : Delhi
Decided on : Jul-16-1998
Reported in : 1998VAD(Delhi)209; 74(1998)DLT282; 1998(46)DRJ557
..... regulation of telecom services for orderly and healthy growth of telecommunication service apart from protection of consumer interests. to achieve these objects it was considered that the indian telegraph act,1885 be amended. accordingly the indian telegraph (amendment) bill,1995 was prepared. but the same did not see the light of the day. thereafter it was decided to have a regulatory authority which would be ..... government as licensing authority. if what the respondents contend is accepted it would amount to rewriting the provision of section 4 of the telegraph act. the legislature in its wisdom did not amend the indian telegraph act,1885. instead incorporated trai act,1997 which is a totally different legislation. legislature has not bestowed to this authority any power to grant licence. such powers of the .....
Tag this Judgment!Court : Delhi
Decided on : May-28-1998
Reported in : 1998IIIAD(Delhi)888; (1999)154CTR(Del)355; 73(1998)DLT823; 1998(46)DRJ201; [1998]234ITR170(Delhi)
..... year.' xxx xxx xxx13. it is pertinent to note that the provision in its present form has been substituted for its predecessor provision by the direct tax laws amendment act, 1984 ( act 4 of 1988) w.e.f. 1.4.1989. even in the original text of section 147 so substituted, there were the words 'for reasons to ..... the time of original assessment may not constitute a new information. ( see. phool chand bajrang lal vs . ito : [1993]203itr456(sc) , a.l.a. firm vs . cit : [1991]189itr285(sc) indian & eastern newspaper society vs . cit : [1979]119itr996(sc) , ito vs . lakshmani mewal das : [1976]103itr437(sc) cit vs . bhanji lavji : [1971]79itr582(sc) . 15. in kalyanji mavji ..... opinion formed earlier by himself ( or more often, by a predecessor ito), was in his opinion incorrect, judicial decisions have consistently held that this could not be done. ( see- indian eastern newspaper society vs . cit new delhi : [1979]119itr996(sc) and ala firm vs . cit : [1991]189itr285(sc) . 16. the power to re-open an .....
Tag this Judgment!Court : Delhi
Decided on : May-26-1998
Reported in : 1998VAD(Delhi)137; AIR1998Delhi308; 74(1998)DLT842; ILR1998Delhi367
..... been easily used if that was the intention. the learned counsel for the respondent drew our attention to section 14(1)(hh) of the act which was also introduced by the same amending act of 1988. the provision is :-'14. protection of tenant against eviction :- (hh) that the tenant has, after the commencement of the delhi ..... vs . union of india, : (1995)1scc104 which is a case upholding the constitutional validity of the delhi rent control (amendment) act, 1988. the act was challenged on various grounds including the ground of retrospectivity. all the grounds were turned down and the act was held to be valid.18. in b. prabhakar rao & ors. vs . state of a.p. & ors., ..... provisions intended to put an end to benami transactions which before the said enact-ment, were recognised under the indian law. the question had arisen whether such provisions of the act which refused to recognise the validity of benami transactions can thus affect substantive right of persons who had entered into such .....
Tag this Judgment!Court : Delhi
Decided on : May-26-1998
Reported in : 1998VIAD(Delhi)45; 74(1998)DLT476
..... the relief springs from the case set up by the defendants. what is important to know that unlike prior to the amending act, 1977 the filing of formal application under order 12, rule 6 is not required now. now amended provisions of order 12, rule 6 of the cpc, judgment on admissions, the court may at any stage of the ..... 8 tenancies is thereforee clearly inconsistent. we are of the view that in such a situation, discretion has to be exercised according to well settled principles. if the amendment takes away a valuable right accrued to the appellant to rely on the admission of the defendants or it affects a right to evict the respondents through the civil ..... december,1986 was executed between the plaintiff in favor of defendants? opd if yes, whether it can be given effect to even though it is not registered under the indian registration act? opd if yes, whether in terms of the alleged lease deed dated 2nd december,1986, a tenancy of permanent nature is created in favor of the defendants in .....
Tag this Judgment!Court : Delhi
Decided on : May-20-1998
Reported in : 1998(45)DRJ670
..... has neither taken any steps for obtaining approval of the central government nor has received concurrence from the union public service commission, there is no amendment to the original recruitment regulations which still holds field and, thereforee, promotions are required to be made in accordance with the aforesaid provisions giving ..... notified in 1986. he also drew my attention to the provisions of section 480 of the delhi municipal corporation act. he submitted that in view of the aforesaid provisions, for any amendment of the regulation of the corporation to be valid, there must be prior approval of the central government and ..... are selection posts. qualifications prescribed for the promotees is post-graduate degree/diploma in ayurvedic from a recognised university statutory board/council/faculty in indian medicine or equivalent with eight years professional experience in a responsible position, including five years working experience in an ayurvedic hospital after the acquisition of .....
Tag this Judgment!Court : Delhi
Decided on : May-06-1998
Reported in : 1998IVAD(Delhi)83; 73(1998)DLT451; 1998(45)DRJ630
..... i.e. drawing wages not exceeding rs.3,000/- per month, are covered under the act. the amendment envisages extension of medical benefits to 'insured persons' and their spouses and not to employees or persons as such. the amendment act of 1989 extended benefit to 'insured persons' who attain the age of superannuation, subject to payment ..... of contribution and such other conditions as may be prescribed under the act. the object is to maintain continuity in treatment to 'insured persons' who ..... factory or establishment or any person engaged as an apprentice, not being an apprentice engaged under apprentices act, 1961 (52 of 1961), or under the standing orders of the establishment, but does not include -(a) any member of the indian naval, military or air forces' or (b) any person so employed whose wages (excluding .....
Tag this Judgment!Court : Delhi
Decided on : May-06-1998
Reported in : AIR1998Delhi365; 74(1998)DLT213; ILR1998Delhi392
..... where this section is not applicable recourse can be had to the principles of english law on the subject of frustration is not correct. section 56 of the indian contract act lays down a rule of positive law and does not leave the matter to be determined according to the intention of the parties. the impossibility contemplated by s. ..... is based on several factors, cannot be interfered with in these proceedings by this court. it is also beyond the jurisdiction of this court to advise the icc to amend the rules for the reason that they leave room for a calculating party to misuse and miss utilize the same to harass the other party, suffering from financial constraints, ..... 23, 1993. this court on july 22, 1993 issued notice to the respondents but no ad interim order was passed though an application under section 41 of the indian arbitration act was made by the petitioner, being is no. 8207/93. on the other hand, the first respondent moved an application being is no. 10423/93 under section 151 .....
Tag this Judgment!Court : Delhi
Decided on : May-01-1998
Reported in : 73(1998)DLT732
..... relating to copyright. there has been four amendments to the copyright act;1. the copyright amendment act, 1983 (23 of 1983) 2. the copyright amendment act, 1984 (65 of 1984) 3. the copyright amendment act, 1992 (act 13 of 1992). 4. the copyright amendment act, 1994 (act 38 of 1994)21. these amendments do not throw any light on the ..... purpose of appreciating this position, provisions of the prevention of corruption act, 1947, the indian evidence act, assam agriculture income tax act, 1939, income tax act, 1922, industrial development and regulation act, 1951 and the textiles committee act, 1963, the indian tariff act, 1934 and the imports & exports act, 1937 as they form part of the import control scheme of ..... edn. mr. morris quest had dealt with the nice difference between the artistic copyright and artistic craftsmanship, which is also maintained by the indian act. the learned author had dealt with the subject on the basis of the law codified by the parliament in england but i have my .....
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