Court : Delhi
Decided on : Feb-04-2014
..... a copy of the notice when served with the documents in the suit, once again, the period of 15 days has expired thereafter and keeping the legislative intendment of amended section 106 in view, the appellant therefore cannot argue that the tenancy is not terminated and he did not get a period of 15 days to vacate the premises ..... could not have been filed, fails for this reason also. in this regard, i am keeping in view the amendment brought about to section 106 of the transfer of property act by act 3 of 2003 and as per which amendment no objection with regard to termination of tenancy is permitted on the ground that the legal notice did not validly ..... appeal is one such litigation. i am making this strong statement before adverting to the facts because the suit premises are outside the protection of the delhi rent control act, 1958 as the rent amount is more than rs.3500/- per month and the appellants-defendants have continued in the obstinate possession of the suit premises in spite .....
Tag this Judgment!Court : Delhi
Decided on : Mar-10-2014
..... -s.t. dated 27-feb-2010 commercial training or coaching service - exemption notification no.24/2004-s.t., amended ceac212013 page 3 in exercise of the powers conferred by sub-section (1) of section 93 of the finance act, 1994 (32 of 1994), the central government, on being satisfied that it is necessary in the public interest so ..... exercise of the powers conferred by sub-section (1) of section 93 of the finance act, 1994 (32 of 1994), the central government, on being satisfied that it is necessary in the public interest so to do, hereby makes the following amendment in the notification of the government of india in the ministry of finance (department of revenue ..... to do, hereby makes the following amendment in the notification of the government of india in the ministry of finance (department of revenue .....
Tag this Judgment!Court : Delhi
Decided on : Mar-31-2014
..... respondent. para 15 of this decision read as follows: 15. in our country question of delay in performance of contract is governed by sections 55 and 56 of the indian contract act, 1872. if there is an abnormal rise in prices of material and labour, it may frustrate the contract and then the innocent party need not perform the contract. ..... as a whole. it shall include the forecast of the dates for commencement and completion of the various trades, processes or sections of the work, and shall be amended as may be required by agreement between the ge and the contractor within the limitation of time imposed in the contract documents or works order. if the work be ..... the time agreed, "unless, at the time of such acceptance, he gives notice to the promisor of his intention to do so". thus, it appears that under the indian law, in spite of there being a contract between the parties whereunder the contractor has undertaken not to make any claim for delay in performance of the contract occasioned by .....
Tag this Judgment!Court : Delhi
Decided on : May-16-2014
..... that fair use continues to protect freedom of expression.12. our law of copyright is codified in the form of the copyright act, 1957, preamble whereof describes the same as an act to amend and consolidate the law relating to copyright. the statement of objects and reasons of the said law also describes the same as ..... is held to be permitted, there is any statutory support therefor.5. the counsel for the defendants states that though there is no provision, neither in the indian statute nor in any of the foreign statutes, but the said defense, being an equitable defense, has been entertained. he has further contended that we are only ..... it is submitted that the doctrine of copyright misuse prevents copyright holders from leveraging their limited monopoly to allow them control of areas outside the monopoly and acts as a limitation on licensing restrictions and related conduct that are either restrictive, anti-competitive or otherwise violate the public policy underlying the copyright law. the .....
Tag this Judgment!Court : Delhi
Decided on : May-22-2014
..... share in the property and nowhere provided for separation or division of the property by metes and bounds; reliance in this regard is placed on section 2(15) of the indian stamp act, 1899 defining an instrument of partition and on para 7 of manjeet kaur vs. amarjeet kaur 2005 (83) drj475and para 41 of k.n. khanna vs. b.k. khanna ..... their address and particulars of the claim, shall specify clearly the relief granted or other determination of the suit. rule 6a of order xx, as it stood prior to the amendment with effect from 1st july, 2002, provided that every endeavour shall be made to ensure that the decree is drawn up as expeditiously as possible and in any case within ..... that so long as the decree was not drawn up, the last paragraph of the judgment shall be deemed to be the decree for the purpose of execution. after the amendment, the same provides that as soon as the decree is drawn, the judgment shall cease to have the effect of a decree for the purposes of execution or for any .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
Decided on : Mar-28-2014
..... be followed strictly in the matter of engagement of casual employees in central government offices.11. department of personnel training will have the power to make amendments or relax any of the provisions in the scheme that may be considered necessary from time to time.8.2 the office order no.b-plim(2 ..... and could not be appointed as yet due to non-availability of vacancy since 1995 under the said quota. it is further stated that pharmacopoeial laboratory for indian medicine and homoeopathic pharmacopoeia laboratory are two independent establishments. in reply to paragraph 4.7 of the o.a., the respondents state that the vacancy was ..... to casual labourers with temporary status. however, if any additional benefits are admissible to casual workers working in industrial establishments in view of provisions of industrial disputes act, they shall continue to be admissible to such casual labourers.7. despite conferment of temporary status, the services of a casual labourer may be dispensed with .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
Decided on : Jan-16-2014
..... cwp no.1966/2007 against the order of this tribunal passed in oa no.516/2006 wherein the honble high court stayed the order of the tribunal qua amendment of the recruitment rules. the respondents submit that this has clearly established that even though the tribunal had not granted any relief to said r.s. atal, ..... and the chargesheet was issued to the applicant on 28.01.2011. the respondents have strongly rebutted the charges of institutional malice and have submitted that they have acted in the best interest of the government. 5. the applicant has filed a rejoinder application wherein he has contested the claim of the respondents that he was ..... and that of the chargesheet; the chargesheet had been issued just 48 hours before his retirement indicating malice on part of the respondents; the respondents have further acted in violation of the principles of natural justice in as much as they have failed to consider the representation of the applicant before issuing the chargesheet; the applicant .....
Tag this Judgment!Court : Delhi
Decided on : Aug-14-2014
..... and caf india have collective promises and/or obligations to be performed under the maintenance agreement and assignment agreement respectively.47. section 43 of the indian contract act, 1872 clearly recognises the principle that there can exist joint promissors towards the performance of the single promise or obligation under the contract. the said ..... in full force and effect, except as modified in this assignment agreement. article 6 of the assignment agreement reads : article 6: miscellaneous 6.1 amendments no amendment or waiver of any provision of this assignment agreement, nor consent to any departure by any of the parties therefrom, shall in any event be effective ..... essence of the arbitration tribunal does not exist anymore. the said arbitration clause in the present form also violates the provisions of section 28 of the indian contract act as it restrains the parties from exercising their legal rights under the laws of india. d) mr. nigam, learned senior counsel for the plaintiff .....
Tag this Judgment!Court : Delhi
Decided on : Nov-18-2014
..... outdoor policy. however, in so far as levy of tax or regulatory fee is concerned, the same would require a legislative framework (either by way of an amendment to the dmc act or by a separate statutory enactment). the direction that mcd may go ahead with implementation of the policy, notwithstanding any order passed by any court would not in ..... its way into the treasury of the branch of the government whose officer or officers collect the charge is not a fee but a tax. 23. under the indian constitution the state government's power to levy a tax is not identical with that of its power to levy a fee. while the powers to levy taxes is ..... displayed in any manner whatsoever in any place within delhi without the written permission of the commissioner granted in accordance with bye-laws made under the relevant provisions of dmc act, 1957 and the outdoor advertisement policy as approved by the hon ble supreme court on the following terms & conditions:1. to take damages for putting up unauthorized .....
Tag this Judgment!Court : Delhi
Decided on : Nov-13-2014
..... could not have been filed, fails for this reason also. in this regard, i am keeping in view the amendment brought about to section 106 of the transfer of property act by act 3 of 2003 and as per which amendment no objection with regard to termination of tenancy is permitted on the ground that the legal notice did not validly ..... a copy of the notice when served with the documents in the suit, once again, the period of 15 days has expired thereafter and keeping the legislative intendment of amended section 106 in view, the appellant therefore cannot argue that the tenancy is not terminated and he did not get a period of 15 days to vacate the premises ..... the landlord and tenant relationship between the parties, rate of rent being more than 3,500/- per month and the service of notice under section 106 of the act terminating tenancy which is the service of summons in the suit.8. the arguments urged on the part of respondent/defendant with respect to the contradictory notices are misconceived .....
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