Court : Delhi
Reported in : ILR1977Delhi605
..... although the impugned order of detention and the grounds of detention were issued by the first respondent the other three respondents were arraigned as necessary parties because in the scheme of the act the order of detention made by the first respondent would have to be confirmed by the third respondent and then reported to the second respondent who in its turn had to refer the matter to ..... the state government is then obliged by virtue of sub-section (4) of section 3 to look into the matter and if it approves the order of detention made by the named officer or even when the state government itself makes an order of detention to communicate to the central government within seven days a report of the fact with the grounds on which the order of detention has ..... the order dated march 21, 1977 it was issued to prevent him from acting in a manner prejudicial to the security of 'the state under section 3c 1) (a) (ii) of the act, the grounds supplied with this order were according to the record prepared by the superintendent og police and are based on an alleged confessional statement.the fact of the confessional statement possibly having been made in the presence of a police officer was not brought to the notice of the detaining authority. ..... wait for signing the communication conveying the grounds of detention because of the view that the same can be signed by the additional district magistrate (north) who had been assigned provisional charge of my post during my absence on leave. ..... indian .....
Tag this Judgment!Court : Delhi
Reported in : ILR1978Delhi178
..... the impugned orders were passed without application of mind andthe grounds do not disclose how any or every confidential documentcould affect the security of india or that a document may be secretwithin the meaning of the official secrets act but may not jeopardisethe security of india or that the first respondent failed to consider thatthe petitioner could not in future be expected to indulge in the activitieswhich he allegedly indulged in earlier on account of his being suspendedfrom service, the ..... it was urged that the first respondentin making the impugned order of detention relied on: (1) evidencecollected by the police and disclosed to her during her discussionwith the officers concerned, (2) confessional statement of the petitioner, and (3) information imparted to her by the home ministrywith the suggestion that there was enough material against the petitioner which warrants his detention. ..... the wholetrend of nothings on the file shows a subordinate officer acting inaccordance with the dictate or wishes of a superior officer. ..... 26dated 26/01/1977 u/s 3 & 9 of the official secretsact read with section 120-b indian penal code , the following persons involved in this case may be detained under misa :- (i)... (ii)... ..... 26 of 1977 was lodged in police station, srinivaspuri, newdelhi, to the effect that the petitioner had committed the offencepostulated by sections 3, 5 and 9 of the indian official secrets actread with section 120-b of the indian penal code. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1977Delhi538
..... 8, on the other hand, submitted that the expression 'officers holding any of the posts mentiond in schedule i' in rule 6 of the rules cannot be restricted to those officers who are actually holding those posts but would also include those who were entitled to hold those posts and as such would be deemed to be holding those posts as well and such category of officers would also come within the expression 'officers holding any of the posts mentioned in schedule i'. ..... the order of the president dated 18th august, 1975 directing that they will be deemed to have been appointed in the aforesaid grade iii of the indian supply service, class i, with effect from 9-1-1961, the date of the initial constitution of the service, is merely a deferred recognition of the aforesaid fact and is completely in accord with the aforesaid fundamental rules and the ..... before such a claim is established it should be necessary that all the officers senior to the officer who is out of the regular line have been given acting promotion, and also the officer next below him, unless in any case the acting promotion is not given because of inefficiency, unsuitability or leave...........'. ..... (53) it is again well known that fundamental rules having been framed under section 96-b of the government of india act, 1915, still have statutory force as they are kept alive under article 313 of the constitution of india and the directions and instructions, so long as they are not in conflict with the statutory rules, can .....
Tag this Judgment!Court : Delhi
Reported in : AIR1978Delhi17
..... reliance was also placed on the assertion of the first respondent in her affidavit that she had no reason to doubt the correctness of the report of superintendent of police, it having emanated from a senior and responsible officer who in normal course would have material to give that report and there was no reason to doubt that the report was made without there being any material for making the report.26. ..... petitioner submitted that from a narration of the above facts it was evident that in the year 1960-61 the petitioner was not an officer of the directorate of technical development and production (air) nor was he in any way connected with any government department or ministry. ..... inasmuch as the petitioner resisted, respondents 4 and 5, it was alleged, got a false case under the indian official secrets act registered against him and had him arrested and humiliated. ..... the petitioner was selected for this post and was released by the indian air force on october 14, 1958 to join the post. ..... on march 28, 1962 the delhi polytechnic forwarded his application for the post of reader in mechanical engineering (metallurgy) in the roorkee university, roorkee ..... for being selected in a recruitment being conducted by that body for the post of a lecturer in metallurgy (senior scale) in the delhi polytechnic. ..... this was the post that the petitioner was holding when he was arrested in february, 14j77 ..... petitioner then goes on to say that in order to better his prospects he kept on applying for other posts. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1978Delhi785; 1978RLR537
..... in force and be deemed to be regulations made by the new corporation under section 45 of the road transport corporations act (64 of 1950) unless and until they are superseded by regulations made under that section; (f)notwithstanding anything contained in any other law for the time being in force or in any contract to the contrary, every officer and other employee of the municipal corporation of delhi appointed or deemed to be appointed for the purpose of the delhi ..... employees king on the posts of working on the which he is the appoi- posts of which nting authority ex- he or officers cluding removal & subordinate ..... respect of officers/ thority but in employees holding other cases post carrying a where officers' scale of pay maxi- employees hol- mum of which ding post carry- ..... (16) under sections 64(1)(b) read with section 92(l)(b) of the municipal corporation act, the general manager (transport) became the appointing authority in respect to posts carrying a minimum monthly salary (exclusive of allowances) of less than three hundred rupees with respect to the employees ..... following subject to following action including following the the service the service dismissal, service regulations, regulations, full regulations, full termination, full powers powers in respect powere in respect & suspension in respect of of all officers/employyees of all employecs/ against the offi- all officers/em- working officers working cers and empio - ployees work- on posts of which in posts of which yees. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1978Delhi157
..... additional district magistrate delhi passed an order ofdetention on 21/04/1977 under sub-clause (i) of clause (a) ofsub-section (1) of section 3 of the maintenance of internal securityact (the act) directing that the petitioner be detained on the groundthat it was necessary so to do 'with a view to preventing him fromacting in any manner prejudicial to the security of ..... 26/01/1977 under sections 3, 4, 5, and 9, indian official secrets act read with section 120-b, indian penalcode registered against him at the police station ..... incumbent upon thestate to show that the detention of the petitioner was legal and inconformity not only with the mandatory provisions of the act but isalso in accord with the requirements implicit in clause (5) of article 22 of the constitution (shaik hanif's case, supra ..... the foreign agent used to come tohis office and see the office pads and files availablewith him against small ..... section 3(3) of the act says:(3)when any order is made under this section by an officer mentioned in sub-section (2), he shall forthwith report the fact to the state government to which he issubordinate together with the grounds on which the order has been made and such other particulars as inhis ..... was serving in the stc the foreign agent allured himto political, economic, defense and allied matters fromhis old colleagues and contacts from the financeministry and other government offices against handsomepayments. ..... to his contactsin the various ministries and government offices. .....
Tag this Judgment!Court : Delhi
Reported in : 1978RLR217
..... keeble is proved, the locus standi and power of those officers to act on behalf of the company cannot be established. ..... it only related to the ambit of order 29 rule 1 of the civil procedure code qua the authority of a senior executive officer of jaipur udyog limited for signing, verifying and presenting the petition in the court. ..... so far as the first category is concerned, there is no dispute as an authentication by a notary public establishes the identity of the executant and section 85 of the indian evidence act raises the requisite presumption about its execution. ..... it will suffice to observe that in the rajasthan case the principal officers had filed the petitions without any resolution of the board of directors of the company and the institution was held to be lawful. ..... held that order 29 rule 1 of the civil procedure code does not require that the principal officer must be authorised to sign and present the petition in a court of law. ..... it is that of section 85 of the indian evidence act, and thereforee there is no necessity to go into the different views taken with regard to order 29 rule 1 of the c.p.c. ..... indian morning post restaurant, a.i.r. ..... (4) it has now to be seen whether the condition, which is being postulated by the learned counsel for the defendants, really exists in section 85 of the indian evidence act. ..... (2) in answer, shri rajiv sawhney, the learned counsel for the plaintiff company, has combated this objection and has relied on section 85 of the indian evidence act. .....
Tag this Judgment!Court : Delhi
Reported in : 8(1972)DLT329
..... the copies of the awards of the industrial tribunal filed in the other three petitions are also not certified copies and the objection of the office with regard to these documents is up held and all these documents have to be replaced by certified copies. ..... the awards of the industrial tribunal are public documents within the meaning of section 74 of the indian evidence act and a copy of such document has necessarily to be a certified copy. ..... (6) it may at this stage be stated that arguments were addressed only on the objections raised by the office with regard to the filing of uncertified and unstamped copies of the various annexures to the petitions. ..... 148/81 was re-filed with the following reply to the objections raised by the office:- '1.that the present petition is under article 227 of the constitution of india and as such the annexures filed with the said petition are not required to be stamped and the same rules regarding exemption from ..... (m) 148/71 filed by the petitioner as annexure 'g' is in fact a certified copy and the office has in fact raised no objection on this account so far as this document is concerned. ..... , before whom these petitions came up for admission, called for a detailed report from the office and accordingly, the office has submitted a report explaining the objections raised by it. ..... ' the other petitions were also re filed with the following reply to the objection raised by the office :- 'in a petition under article 227 certified copies are not necessary. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1978Delhi515
..... otherwise a government could not perform its functions, because private property is needed from time to time for fortifications, navy-yards, post offices, customs houses, school houses, parks, highways and so on. ..... it need hardly be said that the housing activity beneficial to the population is a public purpose and it being open to the central govermant by virtue of sub-section (2) of section 11-a of the development act to make alterations in the master plan, after acquisition of the land, the central government, 'if it so chooses to carry out housing activity in the acquired area, can do so by changing the master plan. ..... is any hindrance to the permanent or temporary acquisition upon payment of any land required by a board for the purposes of this act, the central government may, at the request of the board, procure the acquisition thereof under the provisions of the land acquisition act, 1894, and on payment by the board of the compensation awarded under that act and of the charges incurred by the government in connection with the proceedings, the land shall vest in the board. ..... it means: 'thecarrying out of building, engineering, mining or other operations in, on, over or under land or the making of any material change in any building of land and includes redevelopment;'(6) the act requires the authority to carry out, as soon as may be, a civic survey of and prepare a master plan for delhi. ..... for example there is the indian works of defense act, 1903. .....
Tag this Judgment!Court : Delhi
Reported in : [1979]49CompCas53(Delhi); [1979]116ITR138(Delhi)
..... we are here concerned with the provisions of section 330 of the said act which was in the following terms :' where a company has a managing agent at the commencement of this act, the term of office of such managing agent shall, if it does not expire earlier in accordance with the provisions applicable thereto immediately before such commencement [including any provisions contained in the indian companies act, 1913 (vii of 1913)], expire on the 15th day of august, 1960, unless ..... before that date he is re-appointed for a fresh term in accordance with any provision contained in this act. ..... result of the enactment of the companies act, 1956, it became necessary for the assessed to obtain a reappointment of itself as the managing agents on or before august 15, 1960, if it was to continue in office after that date. ..... but in the meanwhile the companies act, 1956, was enacted and this introduced a number of prohibitions and restrictions regarding the appointment of managing agents ..... 1969 which was the reference made to this court in respect of the assessment year 1958-59 under section 66(2) of the act. .....
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