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. .....
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. .....
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. .....
Tag this Judgment!Court : Delhi
Decided on : Mar-12-2014
..... the probate court registered and deposited with the registrar of wills maintained by the district judge, delhi in accordance with the provisions of section 294 of indian succession act. the instrument had been kept concealed from the plaintiff till the middle of the year 1993. it is further alleged that after obtaining the probate ..... the issues have already been framed are impermissible. the plaintiff has failed to show that in spite of due diligence the parties could not have sought the amendments before the commencement of trial. reliance is placed on ajendraprasadji n. pandey and another vs. swami keshavprakeshdasji n. and others, 2006 (12) scc1and vidyabai and ..... the trustees started transferring the property to the main beneficiaries soon after the plaintiff attained the majority. though the issues have been framed, however since the amendments are essential the same be permitted to be carried out. reliance is placed on rajesh kumar aggarwal and others vs. k.k. modi and others, .....
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 petitioner is 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 petitioner has made the following prayers:- wp(c) 1797/2008 (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 : Jan-08-2014
..... chopra, would have to be examined; (e) the genuineness of the two wills would have to be examined with reference to sections 63 of the indian succession act ( isa ) and section 68 of the indian evidence act ( iea ).33. when the plaintiff sought to add the issues which include a challenge to the wills of late mr. s.l. chopra ..... of the opinion that in the facts and circumstances of this case, the plaintiff-petitioner shall not be prejudiced in any way, even if his application for amendment of the plaint is rejected although both the learned single judge as also the division bench of the high court proceeded wrongly on the premise that non-questioning ..... db ) dismissed the appeal for the following reasons: we have read the pleadings filed by the parties very carefully and also the statements made in the application seeking amendment. it is clearly established from the averments made in the plaint that at no stage the appellant contested the inheritance of the property by group captain sham lal .....
Tag this Judgment!Court : Delhi
Decided on : Feb-26-2014
..... reason of execution of wills or otherwise is required to be gone into in terms of the provisions of the hindu succession act coupled with the question of indian succession act and section 68 of the indian evidence act. mr.nayyar, learned counsel for the respondents submits that the learned single judge has fixed the matter for trial on ..... of law or of fact, the court may at once pronounce the judgement'. even that apart, the defendants-respondent did not think it fit to move any amendment application for getting out of such admission till the plaintiff moved an application for appointment of receiver regarding admitted items of properties. it is only thereafter that ..... said appeal, reasoning as under: 8. we have read the pleadings filed by the parties very carefully and also the statements made in the application seeking amendment. it is clearly established from the averments made in the plaint that at no stage the appellant contested the inheritance of the property by group captain sham .....
Tag this Judgment!Court : Delhi
Decided on : Mar-12-2014
..... 1) of the constitution has further been fortified by the introduction of the directive principles of state policy embodied in article 39 a of the constitution by the 42nd amendment act of 1976 and enactment of sub-section 1 of section 304 of the code of criminal procedure. legal assistance to a poor person facing trial whose life and personal ..... refused to join tip as he had been shown to the witnesses.9. vide impugned judgement dated 18.11.2009, the appellant was convicted under sections 392/397 of ipc and vide impugned order on sentence dated 20.11.2009, he was sentenced to undergo ri for eight (8) years and to pay fine of rs.5,000/- ..... persons namely chet ram, chanderpal and the appellant nav rattan were prosecuted.3. all the three persons chargesheeted by the police were charged under section 392/34 of ipc whereas chanderpal and the appellant nav rattan were additionally charged under section 397 of the penal code for having used country made pistols during the commission of the robbery. .....
Tag this Judgment!Court : Delhi
Decided on : Dec-08-2014
..... and an organization, therefore, includes roles, responsibilities and authorities assigned to carry out defined tasks. it is for this particular reason that the ua (p) act, as amended in 2004 and retained in 2008, provides that the power to declare an organization as a terrorist organization is vested only in the central government and it can ..... during the course of arguments and in the written submissions have stated that they never objected to the admissibility of this document under section 62 of the indian evidence act as held by the learned trial court but under section 162 of the cr.p.c.20. finding no.(j) that pcr officials or local ..... arms, ammunitions and explosive substance which were capable of mass destruction were handed over to shahid gafoor, who was the pakistani national and had unauthorizedly entered the indian territory, it will be prudent and reasonable to draw an inference of criminal conspiracy to wage war against india. the prosecution has thus proved beyond reasonable .....
Tag this Judgment!Court : Delhi
Decided on : Jan-02-2014
..... of shiv shakti co-operative housing society, nagpur v. m/s. swaraj developers, air2003sc2434 the apex court analysed the position both prior as well as post amendment acts of 1976 and 1999 and very well reiterated the difference between an appeal and a revision in the following paragraphs: 13 it is fairly well-settled position in ..... section 115. there is marked distinction in language of section 97(3) of the old amendment act and section 32(2) (i) of the amendment act. while in the former, there was clear legislative intent to save applications admitted or pending before the amendment came into force. such an intent is significantly absent in section 32(2)(i). the ..... amendment relates to procedures. no person has a vested right in a course of procedure. he .....
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