Court : Delhi
Decided on : Jan-17-2014
..... to sell or being already in possession as a lessee, continuing in possession thereof thereafter in part performance of the agreement to sell.20. section 91 of the indian evidence act, 1972 provides that when the terms of a contract or any other disposition of property have been reduced to the form of a document and in all cases ..... by the appellant / defendant against the dismissal of the application for amendment can be relied upon as the cm(m) petition was ultimately dismissed; (iv) that there is no plea in the plaint in the suit for specific performance filed ..... of the agreement to sell, in the written statement of the appellant / defendant; (ii) that this is evident from the application filed by the appellant / defendant for amendment of the written statement and which application was dismissed; (iii) that none of the observations in the order dated 27.07.2007 in cm(m) no.1418/2007 preferred .....
Tag this Judgment!Court : Delhi
Decided on : Jan-17-2014
..... m/s. jeevan diesels and electricals limited vs. jasbir singh chadha (huf) and anr. (2011) 183 dlt712that taking the intendment of the legislature in amending section 106 of the transfer of property act to do away with technical defences qua the notices issued under section 106, service of summons of the suit can always be treated as a notice ..... 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 .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-18-2014
..... of claim, shares were not sold by nse. in the alternative, learned counsel placed reliance on section 23(3) of the arbitration and conciliation act which permits a party to make amendment to his claim or defence during the course of arbitration proceedings. it is submitted that cause of action commences from the date of knowledge. though ..... have been rendered which cannot be interfered with and/or reappreciated by this court under section 34 of the arbitration and conciliation act 1996. 12. in so far issue of maintainability of application for amendment on the ground that on the date of making such application or on the date of sale of shares by the nse, ..... december 2002 and opposed the said submission. petitioner also contended that respondent no.1 could not amend the statement of claim without filing formal and appropriate application as set out in section 23(3) of the arbitration and conciliation act 1996. it was contended that there was change of cause of action and the application was .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-18-2014
..... of claim, shares were not sold by nse. in the alternative, learned counsel placed reliance on section 23(3) of the arbitration and conciliation act which permits a party to make amendment to his claim or defence during the course of arbitration proceedings. it is submitted that cause of action commences from the date of knowledge. though ..... have been rendered which cannot be interfered with and/or reappreciated by this court under section 34 of the arbitration and conciliation act 1996. 12. in so far issue of maintainability of application for amendment on the ground that on the date of making such application or on the date of sale of shares by the nse, ..... december 2002 and opposed the said submission. petitioner also contended that respondent no.1 could not amend the statement of claim without filing formal and appropriate application as set out in section 23(3) of the arbitration and conciliation act 1996. it was contended that there was change of cause of action and the application was .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-18-2014
..... acquisition proceedings were delayed endlessly and land owners were deprived of just compensation under law and consequently the constitutional right was violated, the parliament amended the land acquisition act prescribing the time limit. according to the parliament, one year is the reasonable time for passing of a final declaration and two years ..... provisions contained in section 6(1) and 11a is not incorporated in this act or after the parliament amended the land acquisition act in 1984, the state legislature did not think it fit to bring in similar provisions under the act, it does not mean that the state government can exercise its power for ..... has since attained finality as extracted hereunder: sl .no.datedescription of acquisition proceedingsremarks113.06.2005preliminary notification cation issued under section 28(1) of the kiadb act by the first respondent vide no. ci 150 spq 2005annexure-a published in the karnataka gazette on 15-06-2005229/01/2007final notification issued under .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
Decided on : Jan-20-2014
..... reported in 2008 (37) ptc 448 (del.) ferid allani vs. uoi and ors. rule 129 of the patents rules, 2003 was inserted by the patents (amendment) act, 2002 dated 25th june, 2002 with effect from the 20th of may, 2003 which provides thus :- 129. exercise of discretionary power by the controller before ..... patent application preferred by the appellant seeking for the patent for their invention composition and method for delivery of pharmacological agents? in india under the indian patents act, 1970 under the application number 2899/delnp/2005. 2. the appellant is a fully integrated bio-technology company dedicated to delivering progressive therapeutics and ..... , the report of the examiner received by the controller is adverse to the applicant or requires any amendment of the application, the specification or other documents to ensure compliance with the provisions of this act or of the rules made thereunder, the controller, before proceeding to dispose of the application in accordance .....
Tag this Judgment!Court : Kerala
Decided on : Jan-20-2014
..... .(c) no. 10615 of 2009 ..2.. up before this court.3. in the counter affidavit filed by the 1st respondent, it was averred that only after amending the existing pension scheme/rules by making appropriate modifications regarding eligibility, qualifying service, average pay, fixation of contribution, mode of payment etc., the pension can be sanctioned ..... 29.05.2009, informed that the proposal of the sub-scheme cannot be implemented as per section 80 of the kcs act. so, the government has directed the pension board to submit a proposal for amendment in various sections in g.o.(p) no.56/03/co-op. and; accordingly, the pension board has submitted a ..... the observance of service conditions as laid down in section 80 of co-operative societies act, 1969. accordingly, circular no.1/10 has been issued to the concerned for including their employees under the kerala co-operative societies employees self financing pension (amendment) scheme, 2010. hence, the petitioner is eligible to get pension under above .....
Tag this Judgment!Court : Delhi
Decided on : Jan-20-2014
..... while the admission order 2007 contained the possibility of the school making distinction in the matter of admission, on the grounds prohibited under rule 134, the amendments thereto prevent the possibility of such distinction/discrimination. similarly, it appears that the doe is empowered to issue instructions to unaided schools also relating to admissions ..... lpa no.196/2004 including after considering the recommendations of the ganguly committee and the delhi school advisory board; per contra, the same has been amended vide the impugned orders solely by the hon ble lt. governor without any consultation with the stakeholders and without even consulting the experts and without even ..... the hon ble lt. governor in exercise of the powers conferred by section 3(1) of the delhi school education act, 1973 read with rule 43 of the delhi school education rules, 1973 and amending the recognized schools (admission procedure for pre-primary class) order, 2007 . vide the said order dated 18th december, .....
Tag this Judgment!Court : Delhi
Decided on : Jan-20-2014
..... while the admission order 2007 contained the possibility of the school making distinction in the matter of admission, on the grounds prohibited under rule 134, the amendments thereto prevent the possibility of such distinction/discrimination. similarly, it appears that the doe is empowered to issue instructions to unaided schools also relating to admissions ..... lpa no.196/2004 including after considering the recommendations of the ganguly committee and the delhi school advisory board; per contra, the same has been amended vide the impugned orders solely by the hon ble lt. governor without any consultation with the stakeholders and without even consulting the experts and without even ..... the hon ble lt. governor in exercise of the powers conferred by section 3(1) of the delhi school education act, 1973 read with rule 43 of the delhi school education rules, 1973 and amending the recognized schools (admission procedure for pre-primary class) order, 2007 . vide the said order dated 18th december, .....
Tag this Judgment!Court : Mumbai Goa
Decided on : Jan-20-2014
..... /0 and survey no.65? (ii) whether the defendants prove that the suit properties belong to them? (iii) whether the defendants prove that suit is barred under the indian forest act in view of publication to notification under section 4? (iv) what relief? what order? 17. issues no. 1 to 3 are answered in negative by the trial court ..... the pendency of the suit, according to the plaintiff, the defendants allowed one agency to do mining activities in the suit property. to that effect the plaint was amended. 8. it is the case of the plaintiffs that remaining portion of survey no.62/0 belongs to the communidad of rivona but since they abandoned the claim over ..... trial court has not framed issue of limitation. it appears that with regard to provisions of section 20 of the indian forest act and on the basis of the contentions of the defendants that notification was issued under the forest act, to declare the suit property as forest, some issue of jurisdiction was framed. the issue could have been there .....
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