Court : Delhi
Decided on : Aug-12-2014
..... arguments have been countered. learned counsel for the respondent points out that the order dated 03.02.2004 seeking amendment of charge wherein also the petitioner had sought framing of additional charge under section 302 of the ipc had been dismissed way back on 03.02.2004 and that order has since become final. the same matter on ..... 173(8). therefore , the high court was in error in holding that the state government in exercise of the power of superintendence under section 3 of the act lacked the power to direct further investigation into the case. in reaching this conclusion we have kept out of consideration the provision contained in section 156(2). that ..... the petitioner/complainant seeking framing of additional charge under sections 302/468/471/201 of the indian penal code (ipc) against the accused stood dismissed.2. writ petition crl.25/2013 has been preferred by the accused. he is aggrieved by the act of the department of health and family welfare who vide its letter dated 21.05. .....
Tag this Judgment!Court : Delhi
Decided on : Aug-14-2014
..... is any scope therefor. a clarification may be made where the same is needed.30. we will assume that despite the amendments made by the code of civil procedure. (amendment) act, 1976, amendment of pleadings being procedural in nature, the same should be liberally granted but as in all other cases while exercising discretion by ..... an inconsistent plea which would displace the plaintiff completely from the admissions made by the defendants in the written statement cannot be allowed. if such amendments are allowed in the written statement plaintiff will be irretrievably prejudiced by being denied the opportunity of extracting the admission from the defendants. in that case ..... dated 7th april 1967 the plaintiff worked as their stockist-cum-distributor. after three years the defendants by application under order vi rule 17 sought amendment of written statement by substituting paragraphs 25 and 26 with a new paragraph in which they took the fresh plea that plaintiff was mercantile agent-cumpurchaser .....
Tag this Judgment!Court : Delhi
Decided on : Nov-10-2014
..... the landlord. of course, he can deny his title after he gives up the possession having thus restored the status quo ante. 17.2 section 116 of the indian evidence act is reproduced hereinunder: section 116. estoppel of tenant; and of licensee of person in possession.- no tenant of immovable property, or person claiming through such tenant, ..... that the tenant s objection to the landlord s title to be barred under section 116 of the indian evidence act. relevant portion of the judgment is reproduced hereunder: 15. in reply, the defendant has not denied the service of a notice upon the defendant. instead para 6 ..... the same unless he has surrendered the possession of his landlord. the defendants challenge to the plaintiff s title appears to be barred by section 116 of the indian evidence act which estops the lessee from denying the title of the landlord.16. in payal vision ltd. v. radhika choudhary, (2012) 11 scc405 the supreme court held .....
Tag this Judgment!Court : Delhi
Decided on : May-21-2014
..... site what exists is what has been depicted on the site plan drawn up on march 05, 2012. was the original lay-out plan ever amended?. if yes when?. and what was the amended lay-out plan?. the answers remained abegging. the questions continue to loom large.16. when was the width of nandi vithi marg increased from 60 ..... onward march would require encroachments to be removed and such of them which exists on government land to be demolished forthwith for the reason the delhi laws (special provisions) act, 2006, which has frozen any punitive action against illegal constructions which have come up in delhi on or after january 01, 2006, does not extend a protective umbrella ..... authenticate and freeze the approved lay-out plan of the zamrudpur complex and would ensure that the same is notified to the public as required by the delhi development act, 1957. (v) such other directions as would be necessary to give effect to the approved lay-out plan shall be issued by the public grievances commission, and .....
Tag this Judgment!Court : Delhi
Decided on : May-29-2014
..... relief to the petitioner. it would be evident from prayer (a) itself that essentially the petitioners are challenging the retrospectivity of the amendments to section 80 hhc brought about by the taxation laws (amendment) act, 2005 (hereinafter referred to as the said act ). this issue was considered by the gujarat high court in the case of avani exports & ors. v. cit:348. itr391which set ..... writ petition the petitioners have made the following prayers:- wp(c) 5240/2007 (a) declare the provisions of the taxation laws (amendment) act, 2005 insofar as it relates to the retrospective amendments of section 28 and 80 hhc of the income tax act, (annexure no.1) as ultra vires the constitution and liable to be struck down; and (b) declare that the cbdt circular .....
Tag this Judgment!Court : Delhi
Decided on : May-29-2014
..... relief to the petitioner. it would be evident from prayer (a) itself that essentially the petitioners are challenging the retrospectivity of the amendments to section 80 hhc brought about by the taxation laws (amendment) act, 2005 (hereinafter referred to as the said act ). this issue was considered by the gujarat high court in the case of avani exports & ors. v. cit:348. itr391which set ..... writ petition the petitioners have made the following prayers:(a) wp(c) 7669/2007 declare the provisions of the taxation laws (amendment) act, 2005 insofar as it relates to the retrospective amendments of section 28 and 80 hhc of the income tax act, (annexure no.1) as ultra vires the constitution and liable 2. (b) declare that the cbdt circular no.2 of 2002 .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
Decided on : May-01-2014
..... process of taking any steps to establish any industry, operation or process immediately before the commencement of the water (prevention and control of pollution) amendment act, 1988, for which no consent was necessary prior to such commencement, may continue to do so for a period of three months from ..... storage facilities, residential colony, administrative block, canteen etc. which generate utility waste water and domestic waste water. 77. main sources of air pollution are boilers(s), thermo pack and diesel generator(s) which generate gaseous pollutants such as suspended particulate matter (spm), sulphur di oxide gas, oxide of nitrogen gas ..... enacted various laws like the air (prevention and control of pollution) act, 1981, water (prevention and control of pollution) act, 1974 and the wildlife (protection) act, 1972, the forest (conservation) act, 1980, the indian forest act, 1927 and the biological diversity act, 2002 and other legislations with the primary object of giving wide dimensions .....
Tag this Judgment!Court : Delhi
Decided on : Oct-29-2014
..... , thereby reducing the chances of its success.7. under the circumstances, the petition is allowed, and fir no.165/2012 registered under section 379 ipc read with section 135 of the indian electricity act (amend) 2003 at police station jaitpur on 18.05.2012, and all proceedings emanating therefrom, are hereby quashed.8. the petition is disposed off.9. ..... .c. no.4832/2014 1. this petition under section 482 cr.p.c. seeks quashing of fir no.165/2012 registered under section 379 ipc read with section 135 of the indian electricity act (amend) 2003 at police station jaitpur on 18.05.2012, on the ground that the matter has been amicably settled between the parties.2. issue ..... terms of the relevant assessment bill for theft (direct theft), and that there are now no dues claimed by the second respondent in terms of the relevant act and rules.4. counsel for the second respondent affirms this position and states that the matter has been amicably settled; and that the second respondent does not .....
Tag this Judgment!Court : Delhi
Decided on : Sep-09-2014
..... significant sources of delay in the judicial process. in the year 1999, as per the recommendations of law commission, the provision for amendment of pleadings was altogether deleted by amendment act no.46 of 1999. the deletion of the provision led to widespread protests by different legal bodies and as a result in the ..... withdraw certain admissions made by it in its unamended written statement regarding similarity between its trademark(s) ( indian heritage/heritage heritage select ) and that select/indian of the appellant (heritage); and (iv) the application seeking amendment of written statement filed by the respondent no.1 three years after filing of the suit by the ..... on november 10, 2009 the respondent no.1 filed its written statement essentially stating therein that it is continuously using the trade mark(s) indian heritage select/indian heritage/heritage select since the year 1985 much before trade mark heritage was adopted/use by the appellant and is also the registered proprietor of .....
Tag this Judgment!Court : Delhi
Decided on : Dec-10-2014
..... december, 2013 of hon ble the lt. governor of delhi. the order dated 18th december, 2013, called the recognized schools (admission procedure for pre-primary classes) (amendment) order, 2013 (admission order 2013) was issued by hon ble the lt. governor in exercise of the powers conferred by section 3(1) of the delhi school education ( ..... dse) act, 1973 read with rule 43 of the delhi school education (dse) rules, 1973 and amending the recognized schools (admission procedure for pre-primary class) order, 2007 (admission order 2007). vide the admission order 2013, the 20 ..... ) 8 scc1 (ix) that the except the proviso to section 12(1)(c), none of the other provisions of right of children to free and compulsory education act, 2009 (rte act) apply to nursery admissions; reliance in this regard is placed on a judgment of division bench of this court in social jurist, a civil rights group vs. .....
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