Court : Delhi
Decided on : Jan-20-2014
..... 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 terminate ..... a paragraph that contractual tenancy of the appellant/tenant/defendant was terminated. this in my opinion is sufficient compliance of law as per section 106 of the transfer of property act, 1882. in any case, the appellate court has referred to the judgment of this court in the case of m/s. jeevan diesels and electricals limited vs. .....
Tag this Judgment!Court : Delhi
Decided on : Jan-28-2014
..... follows: 28. i say that by two letters dated 4th july, 1994 the plaintiff forwarded to the said m/s. impression international india the letters of credit and amendments duly transferred in their names. the said m/s. impression international india were requested to have the guarantee issued by the defendant extended and to furnish a letter ..... therein?.4. whether the guarantee could be enforced despite the fact that it was stipulated that the payment shall be made in u.s. dollars and not in indian rupees?.5. whether the guarantee never became operative?. if so, to what effect?.6. whether the guarantee could be invoked without fulfilling the terms of the guarantee ..... of records. it was its duty to have retained the records especially as legal proceedings were pending. accordingly, in view of sections 106 and 114 of the evidence act, the best evidence has been withheld by the appellant. an adverse inference has to be drawn against the appellant.38. there is also merit in the contention of .....
Tag this Judgment!Court : Delhi
Decided on : Jan-31-2014
..... 4 scc441and the following view was taken: it is a settled legal proposition that a penal provision providing for enhancing the sentence does not operate retrospectively. this amendment, in fact, provides for a procedure which may enhance the sentence. thus, its application would be violative of restrictions imposed by article 20 of the constitution ..... quantum of sentence. this would be evident from a bare perusal of section 21 which inter alia provides that whosoever, in contravention of the provisions of the act or any rules or orders made thereunder manufactures, possesses, sells, purchases, transports, imports inter-state, exports inter-state or uses any manufactured drug or any ..... in commercial quantity. the high court, while dismissing the appeal filed by the appellant, had held that it would be evident from section 21 of the act read with 2 (xi) thereof, which defines manufactured drug , that the substance seized from the appellant was a manufactured drug and since the offence can .....
Tag this Judgment!Court : Delhi
Decided on : Mar-25-2014
..... disabilities in the ministries/departments, public sector undertakings. the government of nct of delhi shall forward the recommendations of the expert committee as they stand amended by the corrigendum dated 25th july, 2006 to the delhi high court. as and when such a communication is sent by the government of nct ..... 4 (i)in relation to the central government or any establishment/wholly or substantially financed by that government, or a cantonment board constituted under the cantonment act, 1924, the central government ; (ii)in relation to a state government or any establishment wholly or substantially financed by that government, or any local ..... hydrocephalus with stunt surgery with myositis ossificans hip with ankylosed hip . this condition, the petitioner says, is described as locomotor disability under the disabilities act which entitles him to benefits under that law, especially section 33. the petitioner contends that in terms of an old 1977 central government notification, reservations .....
Tag this Judgment!Court : Delhi
Decided on : Apr-02-2014
..... the case of m/s. jeevan diesels and electricals limited vs. jasbir singh chadha (huf) and anr. (2011) 183 dlt712which holds that in view of amended section 106 of the transfer of property act, 1882; object of which is to do away technical defences of illegal termination of tenancy; service of summons of the suit can also be treated as ..... 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 terminate ..... 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. .....
Tag this Judgment!Court : Delhi
Decided on : Apr-15-2014
..... services pvt.ltd. bound by the interim status quo order vis -vis the suit property till final disposal and a direction was passed that the cause title be amended to substitute the transferee company in the array of defendants. a cost quantified at `50,000/- (rupees fifty thousand only) was imposed on the said r.k ..... the appellant resiling from the agreement. further, the impugned order holds that respondents have diligently pursued the suit and hence it is difficult to hold that they acted in a malafide manner and are disentitled to grant relief for specific performance.51. we cannot help noticing the conduct of the appellant. the agreement to sell ..... and snowcem limited which are the basis of the certificate pw-1/20 should be negative as they are sick companies under the sick industrial companies (special provision)act, 1985 and proceedings are pending before bifr. these shares would also have no ready market. further, the shares of multimedia & entertainment limited were held by respondent .....
Tag this Judgment!Court : Delhi
Decided on : Apr-16-2014
..... the said proposition is explained by the supreme court in the case of revanasiddappa & anr. vs. mallikarjun, (2011) 11 scc28wherein the court observed thus: with the amendment of section 16(3), the common law view that the offsprings of marriage which is void and voidable are illegitimate `ipso-jure' has to change completely. we must ..... surender kumar gupta. it is submitted that the said affidavit has no relevance in the present scenario. it is further submitted that the offence under section 376 ipc is non compoundable offence and any agreement/compromise which goes against law does not have any legal importance or contract in the eyes of law. it is ..... the subject. the gist of the said pronouncements starting from goutham kundu (supra) uptil narayan dutt tiwari (supra) is that though section 112 of the evidence act provides a presumption as to legitimacy of the child, the party disputing the parentage has to dislodge the said presumption in law which is equivalent to conclusive proof .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
Decided on : May-29-2014
..... in csd. 3. in view of the above, please advise/clarify explicitly in this case whether the requirement of integrity certificate has been waived-off by mod and necessary amendment issued accordingly. if so, please forward copy of the same. sd/ (s k sood) joint general manager-ii for general manager 62. still, in view of the ..... devi (3) and others (2006) 4 scc 1, in which in para-43 the constitution bench of the honble apex court has held that the high courts acting under article 226 of the constitution of india, should not ordinarily issue directions for absorption, regularization, or permanent continuance unless the recruitment itself was made regularly and in terms ..... been submitted by the private respondent no.r-4 personally to the office of csd. d). that the kpt is an autonomous body constituted under the major port trust act, 1963, functioning under the control of the ministry of surface transport, govt. of india. e). that as per the certificate produced by the private respondent no.r- .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
Decided on : May-09-2014
..... analyse the merits and demerits of any candidate. 8. the respondents, first of all, state that the guidelines prescribed by the railway board for posting of drms, as amended from time to time, read as follows: (i). postings of drms should be made by considering the suitability of sag officers of all departments batch by batch. from ..... since both oa no.4366/2013 and oa no.270/2014 raise the same issue, they are being disposed off by this common order. 2. the applicants belong to indian railways service of engineers (irse) of 1982 batch. the railway prepares a shortlist of officers of different categories i.e. irse, irts, irsme etc. every year through which ..... mal vs. general manager, northern railway, new delhi, air 1977 sc 1701. we are not, however, persuaded by this argument as section 22 of the administrative tribunals act, 1985 clearly stipulates that this tribunal shall have power to regulate its own procedure and not bound by the procedure laid down in the code of civil procedure, 1908 .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
Decided on : Feb-06-2014
..... state is under a constitutional obligation to protect and improve the environment and to safeguard the forest and wild life in the country. by 42nd amendment to the constitution, the parliament, with an object of sensitizing the citizens of their duty, incorporated article 51a in the constitution, inter alia ..... regulatory strategy. the environmental techniques have been strengthened with the passage of time. referring to the fundamental norms, the author notices that the indian constitution is amongst the few in the world that contains specific provisions on environmental protection. the issues of environment must and shall receive the ..... 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 .....
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