Court : Delhi
Reported in : 164(2009)DLT713
..... 6 of gautam hotel with his wife and children and that he was present in the room in the night of 4.7.2005 and had left at around 9:30 am on 5.7.2005, we ignore the deposition of the various witnesses pertaining to lifting of chance finger prints; taking specimen finger prints of the accused and the report of the finger print expert for the reason said evidence would be neutral evidence inasmuch as it is not a case of forced entry into a ..... ex.p-19 and ex.p-18 were recovered, learned counsel pointed out the discrepancy in the testimony of pw-38 inspector rai singh khatri who deposed that the accused lifted the articles recovered from the ledge vis--vis the claim, as per the testimony of prithvi raj mehta and raghunath who stated that raghunath had picked up the same from the ledge.e. ..... that on the glasses and the inner cup of the mayur jug finger prints of the accused were lifted can easily be explained away by the accused by simply stating that it was natural for his finger prints to be found thereon.35. ..... the reasoning of the trial court and the high court that the act of rushing the wife to the hospital was 'merely to cloak his guilt' was held to be 'a perverse view of the matter'. ..... offence is ofpradesh air 1974 sc 799 such a nature so as tor v chambers 5 cr app r (s) 190 : shake the confidence of[1983] crim lr 688, people.atkins v. ..... state of andhra position to the victim.pradesh air 1974 sc 799 machhi singh v. .....
Tag this Judgment!Court : Delhi
Reported in : 146(2008)DLT455
..... amendment were (a) to bring into being a clear distinction between the recommendatory/advisory and the regulatory functions of the authority as envisaged under sub-section (1) of section 11 of the act, (b) empowering the trai to fix terms and conditions of interconnectivity between service providers, (c) tariff setting function of trai has been brought under the purview of sub-section (3) of section ..... in order to holistically interpret the phrase 'telecommunication service' we have juxtaposed the definition in section 2(1)(k) along with 3(1aa) of the indian telegraph act, 1885 (telegraph act):2(1)(k)3(1aa)'telecommunication service' means service of any description (including electronic mail, voice mail, data services, audio tex services, video tex services, radio paging and cellular mobile telephone ..... provisions of the constitution of india in part ii relating to 'citizenship' are clearly inapplicable to juristic persons; and that neither the provisions of constitution part ii nor of the citizenship act confer the right of citizenship on recognized citizens, any person other than a natural person; that they do not contemplate a corporation as a citizen. ..... it has been emphasized that the definitions in the trai act has palpably been substantially lifted from the telegraph act. ..... karnataka ..... , ahmedabad : [1974]3scr760 recorded that in view of telco, cooper and benett coleman it had been settled 'that a corporation is not a citizen for the purposes of article 19 and has, thereforee, no .....
Tag this Judgment!Court : Delhi
Reported in : 1999IIAD(Delhi)523; 78(1999)DLT567; 1999(49)DRJ101
..... jain, learned counsel for the respondent raised another point that the notification under section 116(3) of the delhi municipal corporation act, 1957 stating that lift shall be deemed to form a part of land and building was published in the newspaper on 23.10.1989 and 24.10.1989 and thereforee, that would have only prospective effect. ..... the arguments of the appellant's counsel that these items cannot be included because they were not part of the building and keeping in view of section 116 of the dmc act and the circumstances of this case, they cannot be included under the heading 'cost of construction' has got some force in the circumstances of this case. ..... as regards the cost of office furniture, theatre furniture cost of projection and equipment, air-conditioning plant and lift are concerned, they also cannot be considered to be the part of the building and their cost cannot be included in the cost of construction for the purpose of rateable value. ..... corp 1988 rlr 221 wherein this court took the view 'a lift is an amenity and its value cannot be included in the rateable value for the purpose of tax'.6. ..... the public notice reads as under :municipal corporation of delhipublic notice lift contained or situated in or upon any building form an integral part of such building for its more beneficial enjoyment and is not plant or machinery contained or situated in or upon any land or building. ..... 100/90 1974-758. .....
Tag this Judgment!Court : Delhi
Reported in : 152(2008)DLT500
..... but with the amendment of rule 18 coming into operation with cser 1996, this restriction had been lifted and another restriction put that a candidate who has accepted the allocation to a service on the basis of an earlier examination shall be eligible to be allocated only to those services/posts, which are higher in the order ..... to hold that it is retrospective in operation merely because though introduced in 1970 it was applied to subash chander, respondent 1, who appeared for the final examination in 1974, after he had joined the course earlier in 1965. ..... expectation which is based on sporadic or casual or random acts, or which is unreasonable, illogical or invalid cannot be ..... of karnataka : ..... cannot be termed or being based on sporadic or casual or random acts of the respondent, or as an unreasonable or illogical or invalid ..... (hereinafter referred to as 'the 1982 regulations') whereby qualifications were prescribed for appointment to a teaching post in the university or in any of the institutions including constituent or affiliated colleges recognised under clause (f) of section 2 of the ugc act or in an institution deemed to be a university under section 3 of the ugc act. ..... this decision held that the bar created by section 4(1) of the said act was prospective i.e. ..... who has not entered into any transaction or negotiations with the authority, cannot invoke the doctrine of legitimate expectation, merely on the ground that the authority has a general obligation to act fairly.29. .....
Tag this Judgment!Court : Delhi
Reported in : II(2003)ACC114; 2003ACJ1631; 2003IIIAD(Delhi)321; 104(2003)DLT234; 2003(68)DRJ128; 2003RLR333
..... company was held liable for injuries received by oberg while driving three-wheeled all terrain vehicle manufactured and sold by them and it was held that if in committing the wrong complained of, the defendant had acted wrongfully, willfully and maliciously with a design to oppress and injure the plaintiff, the jury in fixing the damages, may disregard the rule of compensation and beyond that may as a punishment to the ..... quashing decisions which are vocative of the fundamental rights or violation of law and that the remedy of damages in public law is not available for each and every transgression of fundamental rights nor ultra virus acts by themselves give rise to damages and that where the disputes questions of fact involved, the party should be left to the normal course of getting the matter decided by a civil court but we ..... of place to mention here that the license of the cinema was sought to be suspended by the licensing authority in june, 1983 for alleged violations of different provisions and rules under the cinematograph act and the rules framed there under and the cinema was required to obtain clearance certificates from various authorities within four days failing which it was threatened that the license would be revoked. ..... ) a number of rooms such as air washer room next to the blower room; rooms/offices next to a/c ducts & the lift well; stores below the ramp were made in the basement. ..... only an application was made in 1974 to eto but no sanction for letting out of office .....
Tag this Judgment!Court : Delhi
Reported in : 140(2007)DLT428
..... hussain @ julfikar ali @ abdul rauf s/o nazir ahmed for the offences under sections 302/307 ipc and section 3 of the explosive substances act, 1908 vide judgment dated 26-10-04 and imposition of death sentence upon him vide order dated 3-11-2004 passed by the additional sessions judge, delhi in sessions ..... pw-41 then deposed that the photographer had taken the photographs of the spot and he himself had lifted the pieces of silver, iron chaddar, foam pieces of seat, mix chura, two pair of shoes, one handkerchief, pieces of wood and glass vide memo ..... further deposed that in the meanwhile a pcr van reached there and he with the help of sanjay lifted the injured from the bus and sent them to hospital in the pcr van as well as on private ..... the appeal filed by him for setting aside his conviction under sections 302/307 ipc and also under section 3 of the explosive substances act and the sentences imposed upon him vide judgment dated 26-10-04 and order on sentence dated 03-11-04 in sessions case no. ..... he also deposed that he inspected the spot and lifted from the spot two wooden pieces which had come down after bomb blast from the bus, explosive material with the help of cotton swab, explosive debris, broken pieces of silver, broken ..... whenever some person is found guilty of this kind of gruesome acts and ghastly murders the penalty of death sentence is the only appropriate punishment and there is no other alternative ..... state of karnataka : 1997crilj3964 , the hon'ble supreme court had held as .....
Tag this Judgment!Court : Delhi
Reported in : 22(1982)DLT27
..... (1) this is a second appeal by the lanadlord and is directed against the order of rent control tribunal dated 18-11-1974 setting aside the order of ejectment dated 4-10-1973 passed by the learned additional rent controller, delhi, in favor of the appellant and thereby dismissing the ejectment application filed by the landlord on the ground ..... held at page 36 of the report in paragraph 4 of the judgment 'the argument for the landlord that the judges of the high court exceeded their jurisdiction under section 39(2) of the delhi rent control act, when they reversed the finding of bona fide requirement of the appellant, has no substance. ..... it is not the legislative policy behind clause (e) to the proviso to sub-section (1) of section 14 of the act that the landlord should look after the needs of the tenant and the offer made by the landlord cannot be said to ..... second appeal was filed in this court as far back as december, 1974 and inspire of repeated applications being filed by the appellant for expediting the ..... accept the appeal, set aside the impugned order of their tribunal dated 18-11-1974 and restore the order of shri v. s. ..... he advised him to take tablet isopten and to avoid strains, physical exertion like running, climbing up-stairs, lifting weight. ..... court observed ; ' that finding as to bona fide requirement is a finding of mixed question of law and fact and it will be open to the high court when he exercise under section 39(2) of the act to consider the correctness or otherwise. .....
Tag this Judgment!Court : Delhi
Reported in : 164(2009)DLT346
..... of course, this rule applies only to non-natural user of the land and it does not apply to things naturally on the land or where the escape is due to an act of god and an act of a stranger or the default of the person injured or where the thing which escapes is present by the consent of the person injured or in certain cases where there is statutory authority ..... . as long as the defendant is part of the cause of an injury, the defendant is liable, even though his act alone was not enough to create the injury.at paragraph 19 of the decision he says:the law does not excuse a defendant from liability merely because other causal factors for which he is not responsible also helped ..... . he was disabled from his position doing heavy lifting as an auto body repairman and took a lesser job, which caused economic ..... in this context, we may refer to a judgment of karnataka high court in p.a. ..... the liability under this rule is strict and it is no defence that the thing escaped without that person's wilful act, default or neglect or even that he had no knowledge of its existence. ..... .(v) strict enforcement of the various provisions of the various acts mentioned in the annexure iv should be ensured through a concentrated and coordinated action of all the implementing agencies ..... state of karnataka and anr. ..... test to be applied is whether laches on the part of the petitioner are such as to hold that petitioners by their act or conduct have given a go-by to their rights. ..... franklin reported in [1974] 6 w.w.r .....
Tag this Judgment!Court : Delhi
Reported in : 2004IAD(Delhi)186; 108(2003)DLT346
..... that she is not an 'unauthorized occupant' and, thereforee, the order of eviction passed by the estate officer on 16.10.1990 under section 5 of the said act as well as the appellate judgment dated 22.7.1992 of the additional district judge confirming the order need to be set aside and quashed. ..... the petitioner referred to a decision of a single judge of the karnataka high court in the case of blaze and central (p. ..... yet, the common thread running through cases where lifting of the veil has been permitted is that such lifting has always been sought by persons outside the company and it has never proceeded from those within and who ..... in all cases where courts have permitted the lifting of the corporate veil, it has been so done to reveal the 'true' identity of the company and to expose those persons who sought to use the cloak of corporate personality to hide and shun such exposure with ..... the question thereforee is - can the corporate veil be lifted in the present case to reveal the identity of the person ..... the doctrine that the corporation or a company has a legal and separate entity of its own has been subjected to certain exceptions by the application of the fiction that the veil of the corporation can be lifted and its face examined in substance. ..... by the process, commonly described as 'lifting the veil', the law either goes behind the corporate personality to the individual members or ignores the separate personality of each company in favor of the economic entity constituted by a .....
Tag this Judgment!Court : Delhi
Reported in : 113(2004)DLT3
..... i thus consider it appropriate to issue a direction that the petitioners shall apply within a period of 15 days from the date of this judgment to the respondent corporation under section 416 of the dmc act and such application shall be considered and disposed of by the commissioner of the respondent corporation within the parameters of the said section, as discussed aforesaid, within a maximum period of 60 days of such application being ..... at this stage, it may be noted that the learned counsel for respondent corporation had contended, as another alternative to the aforesaid, that section 417(1)(d) of the act refers to storing any of the articles specified in part ii of the xi schedule and plastic and plastic goods fall within the same which can also be regulated for the purpose of ..... it has been further held that a license to use the premises for purposes of water packaging plant is required under section 417 of the dmc act as unless the process is regulated, it may pose the danger to life, health and property and create a nuisance especially since the plant is running in residential area and is closely related to public ..... window sills should be sloped to prevent use as shelves.b-5.3.7.5 doorsshould have smooth, non-absorbent surfaces and, where appropriate, be self-closing and close fitting type.b-5.3.7.6 stairs, lift cages and auxiliary structuresplatforms, ladders, chutes, should be so situated and constructed as not to cause contamination to drinking water. ..... of karnataka and ors .....
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