Court : Delhi
Decided on : Jul-08-2014
..... on the appeal alone.19. the counsel for the appellant / plaintiff has raised the same two arguments as urged before the learned single judge, in opposition to the amendment sought by the respondent / defendant no.1 of the written statement to incorporate the counterclaim i.e. of the counterclaim being barred by time and of the respondent / ..... exercise of ordinary original civil jurisdiction in cs(os) no.1687/2006 filed by the appellant) of allowing the application of the respondent / defendant no.1 for amendment of the written statement.2. the appeal was accompanied with an application for condonation of 12 days delay in filing thereof. notice only of the application for condonation ..... deletion only, no written statement to amended plaint was required to be filed.11. on 1st august, 2012, the following issues were framed in the suit: 1. whether the suit is liable to be dismissed for deficient court fee?. (opd) 2. whether in terms of section 7 of the court fee act, the plaintiff had to pay .....
Tag this Judgment!Court : Delhi
Decided on : Feb-25-2014
..... following questions of law : did the itat err in law in not applying section 40(a)(ia) to the circumstances of the case as that provision has been retrospectively amended by finance act, 2008 w.e.f. 01.04.2005?.3. the facts are that the assessee was engaged in designing, manufacturing, marketing and trading telecommunication equipments, public address system and ..... 15. the assessee s contention in its cross objection with respect to this finding is that the itat completely overlooked the fact that section 40(a)(ia) had been amended by finance act, 2008 w.e.f. 01.04.2005. this aspect has not and cannot be disputed. section 40 directs a disallowance in the computation of profits and gains from ..... to section enabled these sums to be allowed as deduction in computation of the income of the previous year in which the tax had been paid. this provision, i.e., amendment made w.e.f. 01.04.2005 concededly was in force w.e.f. 01.04.2005 and was on the statute book till 11.03.2010. clearly therefore, .....
Tag this Judgment!Court : Delhi
Decided on : Sep-22-2014
..... power of the court to elicit information and / or production of documents, apart from various provisions of the cpc, can also be traced to section 165 of the indian evidence act, 1872. the said section authorizes the court, in order to discover, or obtain proper proof of relevant facts, to ask any question, in any form, at any ..... absolutely wrong and denied.... (emphasis is mine) 9.1 notably, the position as to the nature of the transaction has been adverted by mr pramod kumar sharma in the amended written statement dated 05.10.2011, as well. the relevant part is extracted hereinbelow, in paragraph 9: .....9. that without prejudice to the preliminary objections taken above, ..... proceeds, i.e., at bijwasan. initially, he agreed that all of us had such similar rights... 9. more pertinently, in the original as well as in the amended written statement, late sh. pramod kumar sharma asserted that he was a partner in a firm by the name of pincord industries, faridabad, since 1967, and that, both .....
Tag this Judgment!Court : Delhi
Decided on : Sep-25-2014
..... principal as well as accrued interest shall continue to remain in the fixed deposit. to that extent the terms mentioned in the agreement dated 28th december, 2012 stands amended.6. the complainant, who is present in person in court, also approbates the aforesaid settlement and states that she has received the entire payment and with this ..... of which, the chances of success in the matter are now greatly diminished.9. consequently, fir no.452/2012 under sections 498-a/406/34 ipc and section 4 of dowry prohibition act registered at police station bhajanpura on 6th december, 2012 and all proceedings emanating therefrom, are hereby quashed.10. list this matter on 29th october, ..... .c. 4359/2014 this petition filed under section 482 cr.p.c. seeks quashing of fir no.452/2012 under sections 498-a/406/34 ipc and section 4 of dowry prohibition act registered at police station bhajanpura on 6th december, 2012 on the ground that the matter has been amicably settled between the parties.2. issue notice. .....
Tag this Judgment!Court : Delhi
Decided on : Nov-27-2014
..... in force, the same in our view would not vest any right in the appellants to avail of the same interpretation. the principle, as applicable to repeal/amendment of statues, rules and regulations, does not apply to interpretation thereof. a change in interpretation of a statue, rule, regulations binds all cases even though instituted prior ..... educational institution, set aside the judgment of the division bench of the high court allowing the students to take advantage of the unamended as well as the amended regulations when the regulations did not provide so and restored the judgment of the single judge of the high court holding that, to prescribe the academic standards ..... course beyond the span period. it is yet further argued that the university itself has in the past acted in contravention of its own rule and has granted relaxation. it is yet further informed that even in the indian institutes of technology, relaxation of span period is permitted. reliance is placed on naseem ahmed vs. jamia .....
Tag this Judgment!Court : Delhi
Decided on : Nov-27-2014
..... in force, the same in our view would not vest any right in the appellants to avail of the same interpretation. the principle, as applicable to repeal/amendment of statues, rules and regulations, does not apply to interpretation thereof. a change in interpretation of a statue, rule, regulations binds all cases even though instituted prior ..... educational institution, set aside the judgment of the division bench of the high court allowing the students to take advantage of the unamended as well as the amended regulations when the regulations did not provide so and restored the judgment of the single judge of the high court holding that, to prescribe the academic standards ..... course beyond the span period. it is yet further argued that the university itself has in the past acted in contravention of its own rule and has granted relaxation. it is yet further informed that even in the indian institutes of technology, relaxation of span period is permitted. reliance is placed on naseem ahmed vs. jamia .....
Tag this Judgment!Court : Delhi
Decided on : Nov-27-2014
..... in force, the same in our view would not vest any right in the appellants to avail of the same interpretation. the principle, as applicable to repeal/amendment of statues, rules and regulations, does not apply to interpretation thereof. a change in interpretation of a statue, rule, regulations binds all cases even though instituted prior ..... educational institution, set aside the judgment of the division bench of the high court allowing the students to take advantage of the unamended as well as the amended regulations when the regulations did not provide so and restored the judgment of the single judge of the high court holding that, to prescribe the academic standards ..... course beyond the span period. it is yet further argued that the university itself has in the past acted in contravention of its own rule and has granted relaxation. it is yet further informed that even in the indian institutes of technology, relaxation of span period is permitted. reliance is placed on naseem ahmed vs. jamia .....
Tag this Judgment!Court : Delhi
Decided on : Nov-27-2014
..... in force, the same in our view would not vest any right in the appellants to avail of the same interpretation. the principle, as applicable to repeal/amendment of statues, rules and regulations, does not apply to interpretation thereof. a change in interpretation of a statue, rule, regulations binds all cases even though instituted prior ..... educational institution, set aside the judgment of the division bench of the high court allowing the students to take advantage of the unamended as well as the amended regulations when the regulations did not provide so and restored the judgment of the single judge of the high court holding that, to prescribe the academic standards ..... course beyond the span period. it is yet further argued that the university itself has in the past acted in contravention of its own rule and has granted relaxation. it is yet further informed that even in the indian institutes of technology, relaxation of span period is permitted. reliance is placed on naseem ahmed vs. jamia .....
Tag this Judgment!Court : Delhi
Decided on : Nov-27-2014
..... in force, the same in our view would not vest any right in the appellants to avail of the same interpretation. the principle, as applicable to repeal/amendment of statues, rules and regulations, does not apply to interpretation thereof. a change in interpretation of a statue, rule, regulations binds all cases even though instituted prior ..... educational institution, set aside the judgment of the division bench of the high court allowing the students to take advantage of the unamended as well as the amended regulations when the regulations did not provide so and restored the judgment of the single judge of the high court holding that, to prescribe the academic standards ..... course beyond the span period. it is yet further argued that the university itself has in the past acted in contravention of its own rule and has granted relaxation. it is yet further informed that even in the indian institutes of technology, relaxation of span period is permitted. reliance is placed on naseem ahmed vs. jamia .....
Tag this Judgment!Court : Delhi
Decided on : Nov-27-2014
..... in force, the same in our view would not vest any right in the appellants to avail of the same interpretation. the principle, as applicable to repeal/amendment of statues, rules and regulations, does not apply to interpretation thereof. a change in interpretation of a statue, rule, regulations binds all cases even though instituted prior ..... educational institution, set aside the judgment of the division bench of the high court allowing the students to take advantage of the unamended as well as the amended regulations when the regulations did not provide so and restored the judgment of the single judge of the high court holding that, to prescribe the academic standards ..... course beyond the span period. it is yet further argued that the university itself has in the past acted in contravention of its own rule and has granted relaxation. it is yet further informed that even in the indian institutes of technology, relaxation of span period is permitted. reliance is placed on naseem ahmed vs. jamia .....
Tag this Judgment!