Court : Delhi
Decided on : May-07-2014
..... doubts about the right of the plaintiff to sustain interim injunction against upfc without the upfc being a party to the suit. (iii) even now, no application for amendment of the plaint to challenge such right/claim asserted by the upfc has been sought. (iv) the right even if any of the plaintiff to challenge the claim ..... denied justice. it was thus held that section 151 cpc can be invoked even against a third party.16. the senior counsel for the plaintiff has also referred to indian bank vs. ashoka builders & promoters manu/de/0337/1992, where a learned single judge of this court, following the judgment supra also held that an injunction order ..... financial corporation (upfc) had issued public notice/advertisement in the newspaper dated 4 th september, 1998 inviting offers for sale (under section 29 of the state financial corporations act, 1951) inter alia of the property no.a-111, new friends colony, new delhi claiming the said property to be lying with upfc as collateral security and .....
Tag this Judgment!Court : Delhi
Decided on : May-07-2014
..... doubts about the right of the plaintiff to sustain interim injunction against upfc without the upfc being a party to the suit. (iii) even now, no application for amendment of the plaint to challenge such right/claim asserted by the upfc has been sought. (iv) the right even if any of the plaintiff to challenge the claim ..... denied justice. it was thus held that section 151 cpc can be invoked even against a third party.16. the senior counsel for the plaintiff has also referred to indian bank vs. ashoka builders & promoters manu/de/0337/1992, where a learned single judge of this court, following the judgment supra also held that an injunction order ..... financial corporation (upfc) had issued public notice/advertisement in the newspaper dated 4 th september, 1998 inviting offers for sale (under section 29 of the state financial corporations act, 1951) inter alia of the property no.a-111, new friends colony, new delhi claiming the said property to be lying with upfc as collateral security and .....
Tag this Judgment!Court : Delhi
Decided on : May-07-2014
..... doubts about the right of the plaintiff to sustain interim injunction against upfc without the upfc being a party to the suit. (iii) even now, no application for amendment of the plaint to challenge such right/claim asserted by the upfc has been sought. (iv) the right even if any of the plaintiff to challenge the claim ..... denied justice. it was thus held that section 151 cpc can be invoked even against a third party.16. the senior counsel for the plaintiff has also referred to indian bank vs. ashoka builders & promoters manu/de/0337/1992, where a learned single judge of this court, following the judgment supra also held that an injunction order ..... financial corporation (upfc) had issued public notice/advertisement in the newspaper dated 4 th september, 1998 inviting offers for sale (under section 29 of the state financial corporations act, 1951) inter alia of the property no.a-111, new friends colony, new delhi claiming the said property to be lying with upfc as collateral security and .....
Tag this Judgment!Court : Delhi
Decided on : May-23-2014
..... assessment was held unconstitutional.2. the assessee/respondent in this case filed returns claiming deduction under section 80hhc of the act. in view of the taxation (amendment) act, 2005, act no.55 of 2005 dated 28.12.2005 (hereafter the amendment ), a modification was introduced in the working of deductions under the third proviso to section 80hhc (3) introduced with ..... that the assessee neither promptly filed an appeal against the orders (i.e. within the 30 day requirement under section 249(2) of the act) nor moved writ proceedings against the retrospective amendment. moreover, the assessee was also paying tax under the orders. the assessee only appealed against the ao s orders after a period of 5- ..... 2001-02 and 2002-03 by orders dated 19.9.2007 and ay200304 by order dated 1.3.2006) under section 148 of the act. ita262014, 27/2014 & 28/2014 page 2 4. the amendment was challenged subsequent to the ao s orders and by the decision of the gujarat high court in avani exports v. cit, rajkot: .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
Decided on : May-27-2014
..... have been taken note of in kusum ingots and alloys ltd.12 would clearly go to show how the situs doctrine had been given a go-by by making constitutional amendments. at one point of time writ petitions against the union of india were being filed only before the punjab and haryana high court as the said court exercised territorial ..... chief of the army / air /naval staff of govt. of india in the matter of conviction, not being the subject of evaluation in oa under section 15 of the act, would not confer jurisdiction or give rise to any cause of action and as a logical corollary to that the order rejecting the statutory complaint, by itself, would not ..... . in view of the objection raised by the registry, heard on the question of territorial jurisdiction. 2. this is an oa, under section 14 of the armed forces tribunal act, 2007 seeking the following reliefs:- 1) declaration to the effect that the acrs in question are technically invalid, 2) quashment of the result of no 3 selection board qua .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
Decided on : Jan-16-2014
..... it will be justified to give retrospective effect to reintroduction of the note below schedule-iii with effect from 12th october, 1991, the date the indian information service (group a?) amendment rules, 1991 had come into force. further, the said provision in the revised format was to be introduced from the 25th march, 1996, the ..... the constitution bench in m. nagaraj (supra) is a categorical imperative. the stand that the constitutional amendments have facilitated the reservation in promotion with consequential seniority and have given the stamp of approval to the act and the rules cannot withstand close scrutiny inasmuch as the constitution bench has clearly opined that articles 16( ..... . as seniority and promotion have a close nexus, the seniority of the applicant stands to be permanently affected for rest of her service career by this act. the respondent no.1 had committed a grievous wrong by submitting a proposal to the respondent no.3 on the basis of illegal seniority list wherein the .....
Tag this Judgment!Court : Delhi
Decided on : Oct-29-2014
..... continuity within a reasonably proximate time both forwards and backwards may sometimes be drawn. the presumption of future continuance is noticed in illustration (d) to s. 114 of the indian evidence act, 1872. in appropriate cases, an inference of the continuity of a thing or state of things backwards may be drawn under this section, though on this point the section ..... assigned land cannot be permitted to be sold or converted to non-agricultural use. (2) as per provision of rule-170(1) and 2(2) of the delhi panchayat raj (amendment) rules, 1976, gaon sabha land was leased out to the lapse of 20-point programme for house, sites and agricultural use @ 0.5 p. per sq. yd. and ..... assigned land cannot be permitted to be sold or converted to non-agricultural use. (2) as per provision of rule-170(1) and 2(2) of the delhi panchayat raj (amendment) rules, 1976, gaon sabha land was leased out to the lapse of 20-point programme for house, sites and agricultural use @ 0.5 p. per sq. yd. and therefore .....
Tag this Judgment!Court : Delhi
Decided on : Dec-02-2014
..... the respondent as the respondent failed to manufacture the equipment in time and, therefore, has broken the delivery period specified by clause 3.1 of the delivery contract (as amended by the additional agreement no.2 to the delivery contract) by 7 months (226 days). hence, the respondent, being a breaching party, is not entitled to the remedy ..... be subject to requisite permissions, if any, required from the concerned authorities under extant provisions of the law. 13.5 second, the judgement debtor could offer to pay in indian rupees. in such a situation the applicable conversion rate will be one, which is operative, on the date of the decree. 13.6 in my opinion, none of ..... different courts, set up under the ukrainian law. it was mr bansal s submission that the enforcement of the award sought under the act, can be refused only if it is contrary to : the fundamental policy of indian law; interest of india; and/or justice or morality. 4.3 according to mr bansal, none of the grounds raised, as .....
Tag this Judgment!Court : Delhi
Decided on : Nov-20-2014
..... rule 12, the said material can never be used in inquiry and thus forming an opinion on that oral evidence will not serve the purposes of the act.28. the amendment in 2000 act by the amendment act, 2006, particularly, introduction of section 7a and subsequent introduction of rule 12 in the 2007 rules, was sequel to the constitution bench decision of this ..... years at the time of her death. this would mean as though the appellant husband was much younger to his wife which is not the usual practice in the indian context and may happen but infrequently. so also the fact that the appellant obtained the school leaving certificate as late as on 17-11-2009 i.e. after the ..... , a plea was raised that he was minor within the meaning of section 2(k) of 2000 act on the date of commission of the offence. the appellant had been convicted for the offences punishable under sections 304-b and 498a indian penal code and sentenced to suffer seven years' imprisonment under the former and two years under the latter .....
Tag this Judgment!Court : Delhi
Decided on : Nov-20-2014
..... rule 12, the said material can never be used in inquiry and thus forming an opinion on that oral evidence will not serve the purposes of the act.28. the amendment in 2000 act by the amendment act, 2006, particularly, introduction of section 7a and subsequent introduction of rule 12 in the 2007 rules, was sequel to the constitution bench decision of this ..... years at the time of her death. this would mean as though the appellant husband was much younger to his wife which is not the usual practice in the indian context and may happen but infrequently. so also the fact that the appellant obtained the school leaving certificate as late as on 17-11-2009 i.e. after the ..... , a plea was raised that he was minor within the meaning of section 2(k) of 2000 act on the date of commission of the offence. the appellant had been convicted for the offences punishable under sections 304-b and 498a indian penal code and sentenced to suffer seven years' imprisonment under the former and two years under the latter .....
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