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 : Andhra Pradesh
Decided on : Jan-22-2014
..... , eluru requires any interference in this revision ?. the learned counsel appearing for the petitioner would contend that after introduction of section 53a of cr.p.c., (amendment act, 2005).a police officer not below the rank of sub inspector can request the medical officer to conduct examination of the accused person and can use such force ..... stage, the petitioner/de facto complainant filed a petition before the trial court under sections 53a and 164 of cr.p.c., r/w. section 45 of indian evidence act, seeking second dna test. according to the de facto complainant, the said petition was not received by the learned assistant sessions judge and she filed a criminal ..... de facto complainant filed a petition before the learned assistant sessions judge under sections 53a, 164-a of cr.p.c., r/w. section 45 of the indian evidence act for again collecting blood samples of the respondent/accused and the minor boy for the purpose of sending them for second dna test to another forensic science laboratory .....
Tag this Judgment!Court : Kolkata
Decided on : May-08-2014
..... (now bangladesh) or by their successors-in-interest on lands occupied by such persons have been completed on or before the commencement of the calcutta municipal corporation (amendment) act, 1996, and where the documents of title to such lands have been granted by the state government, shall be regularized by the municipal commissioner under this chapter ..... from east pakistan (now bangladesh) subject to certain conditions. the opening words in section 413a that notwithstanding anything contained in this chapter or elsewhere in this act .. make it clear that save and except in cases falling under the said provision, construction made in breach of sections 392 and 393 are liable to ..... commissioner, in relaxation of such building rules, shall be competent to regularize such building .: it is clear from a reading of section 392 of the 1980 act, it creates an absolute bar to erecting a building without sanction. the words no person shall erect or commence to erect any building or execute any of .....
Tag this Judgment!Court : Delhi
Decided on : May-21-2014
..... site what exists is what has been depicted on the site plan drawn up on march 05, 2012. was the original lay-out plan ever amended?. if yes when?. and what was the amended lay-out plan?. the answers remained abegging. the questions continue to loom large.16. when was the width of nandi vithi marg increased from 60 ..... onward march would require encroachments to be removed and such of them which exists on government land to be demolished forthwith for the reason the delhi laws (special provisions) act, 2006, which has frozen any punitive action against illegal constructions which have come up in delhi on or after january 01, 2006, does not extend a protective umbrella ..... authenticate and freeze the approved lay-out plan of the zamrudpur complex and would ensure that the same is notified to the public as required by the delhi development act, 1957. (v) such other directions as would be necessary to give effect to the approved lay-out plan shall be issued by the public grievances commission, and .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-28-2014
..... herein that revised government policy dated april 23, 2010, which fundamentally changes the prospects of promotion of the respondent, was discriminatory. it also amounted to retrospective amendment to the promotion policy, which could not be to the detriment of an employee thereby taking the rights accrued to him by virtue of the policy governing his ..... assurance of ministry of defence. there is no breach of any service conditions under the army act and rules. the non-selection of the petitioner is on account of the service conditions as mentioned in om dated 28th october, 1978, as amended from time to time. therefore, the objection raised by the learned counsel for the respondent, ..... as well as the background facts in which the oa seeking such a relief was filed. the respondent joined the indian army as a major. indubitably, in that capacity he was subject to the discipline of the army act, 1950. it is a normal practice that the personnel belonging to the armed forces, namely, army, air .....
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 : Karnataka
Decided on : Jan-03-2014
..... amendment proposed having been accepted and approved, the rules were amended, by notification no.dpar 14 rti 2008, dated 17.03.2007, w.e.f. 18 ..... voluminous information from the pios, made recommendation, that rule 14 be inserted in the rules. a draft notification, with regard to the proposed amendment, in exercise of the power conferred by sub-ss.(1) and (2) of s.27 of the act, was forwarded to the state government, to amend the rules. keeping in view the recommendation received from the 1st respondent, the .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
Decided on : Feb-11-2014
..... the provisions contained in section 65 and section 70 of the indian contract act as supply of signals was not made gratuitously. in a case like this nature, the doctrine of restitution shall also come into play.? in view of the fact that ..... although an agreement in writing is required to be entered into from march, 2009 in terms of clause 4a which was inserted by telecommunication (broadcasting and cable services) interconnection (5th amendment regulations 2009), having not laid down any consequences, therefor, the local cable operators are bound to pay a reasonable amount to the distributors of the tv channel having regard to .....
Tag this Judgment!Court : Chennai
Decided on : Sep-02-2014
..... for want of evidence, but he has acquitted accused by giving a positive finding that the petitioner and other accused are not guilty. 6.section 3 of the indian evidence act deals with three expressions, viz., proved, disproved and not proved. in a criminal case, if the court holds that the facts leading to the offence have not ..... has upheld the validity of rule 14(b)(iv) of the tamil nadu special police subordinate service rules, 1978, the government may consider whether the said rule requires amendment in the light of the delhi police service rules, where a screening committee has been constituted to go into the antecedents of an individual and then to decide ..... case was registered by the sub inspector of police, panakudi police station, in tirunelveli district, in crime no.368 of 2007, under sections 147, 294(b) & 323 ipc. the name of the petitioner was not arrayed as accused in the fir. on completing the investigation, a charge sheet was laid by the inspector of police, panakudi police .....
Tag this Judgment!Court : Chennai
Decided on : Aug-14-2014
..... j.j.o.p.no.25 of 2012 before the learned 1st additional district judge, madurai, under section 41(6) of the juvenile justice (care and protection of children) amendment act, 2006 r/w rule 33(5) of the juvenile justice (care and protection of children) rules, 2007, to permit the petitioner's institution to give the minor female ..... and after the scrutiny report of the district welfare committee and letter from the central adoption resource authority of india, dated 28.03.2013, the report from indian council for child welfare or indian council for social welfare, chennai, is necessary as per the circular of this court, in roc no.1790(a)/2001/b5, dated 24.06.2003. ..... roc no.1790(a)/2001/b5, dated 24.06.2003. by this circular, this court directed all the subordinate courts to issue notice to the indian council for child welfare (iccw).chennai - 30 and indian council for social welfare (icsw).chennai - 8, and obtain a report about the suitability of adoptive parents and whether it will be in the .....
Tag this Judgment!