Court : Delhi
..... of illegal financial benefits would amount to in fact breach of trust or fraud by the petitioners who are occupying higher posts in respondent no.1 and they are more or less in the overall control and charge of the management of the respondent ..... some sort of doubt on the language of the regulation 25(b)(iii), however, the sum and substance of the regulation basically is that whenever there is a financial outgo for a post drawing a salary of more than `2,000/- per month then concurrence has to be taken from the parent ministry. ..... to the notice of this ministry where an officer had been appointed to a higher post on promotion first by the administrative ministry and thereafter proposal was sent to this ministry for upgradation of the post irregular and objectionable. ..... writ petition, the petitioners seek appropriate writs or directions for quashing of the office order no.237 dated 24.4.1997 revising downwards the pay scales and pensionary benefits of ..... in view of the above, petitioners cannot take benefit of the illegal act of the passing of resolution of the respondent no.1 dated 2.4.1992 because the same quite clearly violates regulation 25(b)(iii) and the ministry of ..... case are that the petitioners have been working with the respondent no.1/indian council of historical research on posts of directors or deputy directors. ..... the supreme court in the judgment of indian drugs & pharmaceuticals ltd. vs. ..... petitioners versus the indian council of historical research through its ..... , indian drugs .....
Tag this Judgment!Court : Delhi
..... he has raised the legal issue that section 65-b of the indian evidence act, 1872 deals with the admissibility of the electronic record. ..... (2007) 12 scc 1 wherein it was held as under: "every high court has inherent power to act ex debetio justitiae to do real and substantial justice, for the administration of which alone it exists, or to prevent abuse of the process of the court ..... the petitioners can only be removed from their office only after obtaining the sanction of the gnct of delhi ..... submitted that the said tape recorded conversation clearly falls within the definition of electronic record, as defined by the information technology act, 2000 and adopted by the indian evidence act, 1972.32. ..... against the inspecting team or any of the officers of the aicte or the ggsip university ought to have been raised before the division bench of this court and not by way of a private compliant under section 200 of the code of criminal procedure, 1973 (for short cr.p.c.) ..... it is pertinent to mention here that enquiry was conducted by an officer of the level of assistant commissioner of police. ..... moreover, the local police duly enquired into the complaint by an officer of the level of assistance commissioner of police.34. ..... learned senior counsel further submitted that an enquiry was conducted by an officer of the level of assistant commissioner of police. ..... the said officer recorded the statement of dr ..... right to privacy would certainly include telephone conversation in the privacy of one's home or office. .....
Tag this Judgment!Court : Delhi
..... once a fact is discovered from other sources there can be no fresh discovery even if relevant information is extracted from the accused and courts have to be watchful against the ingenuity of the investigating officer in this respect so that the protection afforded by the wholesome provisions of section 25 and 26 of the indian evidence act is not whittled down by mere manipulation of the record of case diary. ..... that, when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved. 27. ..... sood, submits that it would amount to rediscovery and the prosecution cannot derive any benefit of section 27 of the evidence act and the same would not be applicable to the facts of the present case.11. ..... it is further contended that as per the post mortem report, the post mortem which was conducted on the deceased, the deceased had died 72 hours prior to the conducting of the post mortem which was carried out at 12:45 p.m. ..... a telephonic message was received at police post shanti nagar on 14th july, 2004 at about 9:05 ..... this case would amount only to a re-discovery, as the place where the dead body was found was discovered by pw-13, asi mohan lal and pw-11 constable kushal pal singh, who were informed on telephone from police post shanti nagar on 14.7.2004 at about 9:05 p.m. .....
Tag this Judgment!Court : Delhi
..... of a local authority, and any person entitled to do so desires to deal with that property in such a manner as to render it necessary or convenient that the telegraph line or post should be removed to another part thereof or to a higher or lower level or altered in form, he may require the telegraph authority to remove or alter the line of post accordingly: provided that, if compensation has been paid under section 10, clause (d), he shall, when making the requisition, tender to the telegraph authority the amount ..... part iii of the said act titled power to place telegraph lines and posts, in section 10 thereof vests the telegraph authority (defined in section 3(6) as director general of posts and telegraphs and including any officer empowered by him to perform all or any of the functions of the telegraph authority) with the authority to, from time to time place and maintain a telegraph line under, over, along, or across and posts in or upon any immovable property. ..... (3) a district magistrate receiving an application under sub-section (2) may, in his discretion reject the same or make an order, absolutely or subject to conditions, for the removal of the telegraph line or post to any other part of the property or to a higher or lower level or for the alteration of its form; and the order so made shall be final.14. ..... the impugned judgment though relating to telegraphs, does not refer to the provisions of the indian telegraph act, 1985. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Principal Bench New Delhi
..... for retiring applicant from the government service on 31st december 2011 (after noon) on completion of 60 years of his age his date of birth is 09th december, 1951 as per his service book which is kept by dean, indian photo-interpretation institute, survey of india, subject to this condition, if a government servant stands retired on completion of 60 years of his age. ..... dated 14.09.2011 and observed that applicant had sent an appeal under rule 23 of the ccs (cca) rules, 1965 for his reinstatement and consequential benefits after lapse of 38 years of his resignation from the post of ldc which came into effect on 04.06.1973 and, therefore, there is no merit in his case at all. ..... to the applicant, he was appointed as a lower division clerk (ldc) in the office of the dean, india photo interpretation institute, survey of india, dehradun, u.p. ..... to set aside order dated 4/6th june 1973 passed by dean, indian photo interpretation institute, survey of india accepting applicants resignation with effect from 4th june, 1973 (after noon ..... the constitution of india, by this reason that respondent stood to have infringed applicants fundamental rights deliberately, knowingly and willingly with motive behind to punish applicant in order to take wreck vengeance against him for doing acts of mutiny, revolt and revolution for implementing theory of transmutation. ..... direct respondent for setting aside order dated 4/6th june, 1973 passed by dean, indian photo-interpretation institute, survey of india. .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... also claim to be persons eligible within the meaning of section 18(2)(e) of the national green tribunal act, 2010 (for short the ngt act ) and have preferred the present appeal under section 16 read with sections 14, 15(b), (c) and 18(1) and (2) of the ngt act challenging the legality and correctness of the communication bearing no.j-13012/30/2010-ia-ii(t) dated 16th october, 2012, ..... that even the executive summary of the eia report was also available on the website and the appellant could download the same, but for reasons best known to it, a senior officer of the ministry wrote that the document would be supplied to them in due course. ..... as far as what is communication and how the period of limitation prescribed under section 16 of the ngt act is to be determined and with reference to what acts, we need not dwell upon the issue as it already finds answers in some details in a recent judgment of the tribunal in the case of save ..... interestingly, the affidavit on behalf of the moef has been filed by the same officer who had authored the letter dated 26th october, 2012 and he chooses not to provide any explanation for the circumstances and causes ..... union of india, air 1990 sc 605 (609) xxxx xxxx xxxx xxxx communicated, a posted acceptance takes effect when it is communicated to the offeror; communicated is defined as delivered at his address, halsburys laws of england, vol ..... in indian parliament communications are exchanged between the president and either house of parliament and .....
Tag this Judgment!Court : Armed forces Tribunal AFT Principal Bench New Delhi
..... the bihar regimental centre, danapur cantt is charged with: first charge army act section 63 an act prejudicial to good order and military discipline in that he at lucknow, between december 2008 and september,2009,. ..... as a good and disciplined soldier he was required to inform the higher officers that he was approached by this man who was involved in anti national activities and offered him money as a quid- pro-quo for giving secret information which he refused to do. ..... the petitioner was enrolled on 27.07.2002 as sepoy in 64 assault engineer regiment, indian army and was posted at different places. ..... the contention raised is that the commanding officer did not advise him to withdraw the plea of guilt on the basis that no such guilt was admitted by the petitioner while recording summary of evidence. ..... after the hearing of the charge, the commanding officer ordered recording of evidence. ..... the commanding officer had no obligation to apply the provisions of section 115(2) of the army rule. ..... the commanding officer after examining the statement of the petitioner recorded during the summary of evidence did not find any such variation while recording his plea of guilt. ..... cfn of army improperly failed to report the matter to his superior officers. ..... rana, a pakistani intelligence officer. .....
Tag this Judgment!Court : Delhi
..... ) the constitution (jammu and kashmir) scheduled castes order, 1955@) the constitution (andaman and nocobar islands) scheduled tribes order, 1959 as amended by the scheduled castes and scheduled tribes order (amendment) act, 1976 @ the constitution (dadar and nagar haveli) scheduled castes order, 1962 @ the constitution (dadar and nagar haveli) scheduled castes order, 1962 the constitution (pondicherry) scheduled castes order, 1964@ the ..... advertisement was published in the employment news dated 22-28 march, 2008 which was issued by the union public service commission on behalf of the directorate of indian systems of medicine and homeopathy, government of nct, delhi inviting applications from eligible candidates to be appointed as medical officer (homeopathy). ..... the documents submitted by persons and this would mean a quick ending to a selection process which would be not only beneficial to the candidates but even to the public at large because it would be in public interest that public posts are not kept vacant and are filled up at the earliest.13. ..... reason is that union public service commission conducts hundreds of selections to thousands of posts each year and receives applications from millions. ..... was indicated:(a) the form of certificate to be produced by scheduled castes and scheduled tribes candidates applying for appointment to posts under the government of india. ..... four posts, with which we are concerned, were shown as reserved for members belonging to notified scheduled .....
Tag this Judgment!Court : Delhi
..... dass air 196.sc 1405.after examining the right of the appellant to forfeit advance licence fee as liquidated damages in the light of section 74 of indian contract act and the legal principles settled in fateh chands case, the learned single judge held that appellant was entitled to forfeit only the earnest money. ..... of supreme court in fateh chands case (supra), we concur with the finding of learned single judge that under section 74 of the contract act, appellant could not have forfeited the two months advance licence fee taking recourse to clauses 4, 48 and 51 of the tender documents as these clauses come into operation post grant of licence.33. for the foregoing reasons, we are of the view that learned single judge rightly rejected the plea of appellant to ..... . since, the appellant claimed to have believed and acted upon the acceptance ex.d-7, a perusal of the same reveals that it was received in the office of appellant on 09.08.1996 and marked by the official concerned to the director (estate) on the same ..... . this can be inferred from the affidavit ex.dw1/a filed by mr.s.k.verma, section officer (estate) wherein he did not state about any extension of time being granted by appellant to comply with the requirements of the offer ..... . the communication by chief fire officer of ndmc vide letter ex.pw2/2 clarifies the position in this regard, which reads as under : not f-6/dfs/ms/98/489 dated 05.03.1998 to the fire officer-cum-nominated authority, ndmc, palika kendra, new delhi .....
Tag this Judgment!Court : Delhi
..... the 91st law commission, recommended for the insertion of new sections in indian penal code, 1860, indian evidence act, 1872 and criminal procedure code, 1973 for tackling the problem of alarming increase in number of cases in which married women die in highly ..... mere fact that she was posted as sdm, najafgarh, no inference can be drawn that she was present in her office and, therefore, could not reach ..... the offence to be cognizable, if information relating to the commission of the offence is given to the office-in-charge of a police-station by victim of the offence or a relative of the victim of the offence or in the absence of any such relative, by any public servant authorized in this behalf by the state ..... the fitness certificate given by the doctor on 27th october, 1999 on the application moved by the investigating officer of the case, it was stressed that the date and time is in different hands. ..... telephonic information from the investigating officer of the case that kiran has been declared fit for statement, she reached hospital ..... on 27 th october, 1999 who was posted as sdm najafgarh at the relevant time. ..... the investigating officer recovered one bottle, prepared its pullanda and seized the same vide seizure memo ex.pw7/c and deposited in ..... the investigating officer came to know about the factum of marriage within a period of ..... cases, however, such statements are made orally before death ensues and is reduced to writing by someone like a magistrate or a doctor or a police officer. .....
Tag this Judgment!