Court : Delhi
Reported in : 1983(12)ELT258(Del)
..... tax can be imposed by analogy is unexceptionable. 13. but in this connection it is equally well to remember that 'it is primarily for the import control authorities to determine the head or entry in tariff schedule under which any particular commodity fell, but it in doing so, these authorities adopted a construction which ..... would be proper exercise of discretion not to entertain the petition unless the parties concerned have exhausted the statutory remedy available to them under the customs act and excise act; (f) barring exceptional and clear cases of excess of jurisdiction of manifest perversity it would be a proper exercise of discretion for the courts ..... retrospective effect.' [state of punjab v. dewan's modern breweries ltd., : [1979]3scr568 23. the argument, thereforee, that the legislature by making an act retrospective has acted unreasonably because it will affect some of the contracts which have already been entered into is without any substance. we were referred to a letter of 12 .....
Tag this Judgment!Court : Delhi
Reported in : 2008(105)DRJ422
..... l. j.: and when the courts of this country exercise this power, they are not depriving a man of a vested right. they are only exercising a control over their own procedure. no man, let alone a vexations litigant, has a vested right to bring or continue proceedings which are an abuse of the process of ..... road accidents without going into long-drawn procedure;(c) ...(d) ...(e) ...(f) ...(g) ...enhancing penalties for traffic offenders. 19. section 158 and section 166 of the act i.e. 1988 act corresponds with section 106 of the motor vehicles act, 1939. however, sub section (4) of the section 158 and sub section (6) of the section 166 ..... a large number of representations received, after finalisation of the report of the review committee, from the transport operators and public for making amendments in the act. the draft of the proposal based on the recommendations of the review committee and representations from the public were placed before the transport development council for seeking .....
Tag this Judgment!Court : Delhi
Reported in : AIR2009Delhi58
..... list ii (state list) and entry 47 of list iii (concurrent list). in the decision reported as p.m. ashwathanarayana setty v. state of karnataka 1989 suppl 1 scc 696, the supreme court explained the difference between the two concepts as follows:.another review of all the earlier pronouncement of this ..... boarding houses, buildings, let-in-tenements, residential clubs, restaurants, eating houses, cafes, refreshment rooms and places of public recreation, entertainment or resort;(15) the control and supervision of places where dangerous or offensive trades are carried on so to secure cleanliness therein or to minimise injurious, offensive or dangerous effects arising or ..... functions. none of the obligatory provisions make reference to parking; section 43(w) contains some reference to parking. the other relevant provisions of the act are extracted below:special funds108. constitution of special funds(1) the corporation shall constitute such special fund or funds as may be prescribed by regulations .....
Tag this Judgment!Court : Delhi
Reported in : ILR1975Delhi174
..... naresh v. state of maharashtra : [1966]3scr744 etc. in the former the supreme court, by a majority, postulated that the determination of a quasi-judicial authority acting under intra virus statute not infringing any fundamental right. in the latter case it was observed that it would be singularly inappropriate to assume that a judicial decision pronounced ..... petitioner's allegation concerning excessive assessment.(19) it is no doubt true that there appears to be no express provision in chapter viii of the delhi municipal corporation act, 1957 providing specifically for an inquiry before making the demand in the case of an optional tax like the one on the consumption, sale or supply of ..... after the maximum rate which has thus been specified, the resolution has to be submitted to the central government for sanction under section 150(2) of the act and if sanctioned by the government, the rate comes into force on and from such date as may be specified in the order of sanction. subsequently the .....
Tag this Judgment!Court : Delhi
Reported in : 2002(25)PTC262(Del)
..... . consequently, different companies such as ranbaxy laboratories, cadila healthcare ltd., torrent pharmaceuticals ltd., sun pharmaceuticals ltd. and cipla ltd. obtained approval from the drug controller for manufacturing and marketing of the said drug, in the trade names coined by the respective companies.18. the defendants have also explained as to how they ..... and the situation as it existed on the date of filing of the suit. all aspect taken together conclusively establish dishonesty with which the defendants had acted and their agreeing to change the colour and discontinue its website was indicative of their dishonest intention. relying upon the judgment of this court in glenfidich ..... (definition of ready to use medicine is that which is not specified in indian pharmacopoeia or any other prescribed pharmacopoeia sec-3(h) (drugs and cosmetics act, 1940) ii. not only this the plaintiff's own reaction in the first instance, after coming to know that the defendant and some other manufacturers .....
Tag this Judgment!Court : Delhi
Reported in : 152(2008)DLT132; 2008(106)DRJ241
..... tulsi also submits that all the petitioner institutions offer non professional courses and the supreme court in islamic academy of edcuation and anr. v. state of karnataka and ors. : air2003sc3724 has held that unaided institutions, compared to the aided institutions will have more autonomy to run the institutions, however, in the matter ..... religious and educational institutions, societies and needy persons.8. mr. tulsi submits that petitioner no. 1, i.e., dsgmc has over the years been controlling and administering petitioner nos. 2 to 5 institutions and for this purpose he places reliance on the successive nominations made by petitioner no. 1 on the ..... management committee i.e. dsgmc, petitioner no. 1 herein, for the proper management and control of gurudwara's and gurudwara properties. section 24 of this act recites the powers and functions of the dsgmc which, inter alia include control, direction and general superintendence over all of the gurudwaras and gurudwara properties in delhi. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1992Delhi105; ILR1991Delhi491
..... the formalist judge represents logic, while the situationalist judge represents good sense. with respect, it is the situationalist judge we find working in rajendra prasad mathur v. karnataka university : [1986]2scr912 thaper institute of engineering and technology patiala v. abhinav tanej a : [1990]2scr394 and ashok chand singhvi v. jodhpur university : [1989 ..... india. not 'sons of the soil' but sons and daughters of persons who are willy nilly pulled into the capital city for reasons beyond their control. this reservation is, thereforee, qualitatively different.'..we recognise that institution-wise reservation is constitutionally circumscribed and may become ultra virus if recklessly resorted to. ..... number and allocation to one of the sections would be of no consequence. it was further argued that the admission being void ab initio, the act of attending the classes would not clothe the petitioners with any legitimacy. he admitted that during the last about four years some of the applicants .....
Tag this Judgment!Court : Delhi
Reported in : AIR1994Delhi75; 1993(27)DRJ562; ILR1994Delhi131
..... a national of, or habitually resident in, any state other than the united kingdom; nor (b) a body corporate which is incorporated in, or whose central management and control is exercised in, any state other than the united kingdom; is a party at the time the proceedings are commenced.' 98. according to the above a domestic agreement ..... leading to the award were in certain respects amenable to be controlled by the public policy and the mandatory requirements of the law of the place of arbitration and the competent courts of that place'. 78. in view of article ..... apply to any award made on an arbitration agreement governed by the law of india'. such an award necessarily falls under the arbitration act 1940, and is amendable to the jurisdiction of the indian courts and controlled by the indian system of law just as in the case of any other domestic award, except that the proceedings held abroad and .....
Tag this Judgment!Court : Delhi
Reported in : ILR1976Delhi28; [1976]38STC403(Delhi)
..... madras during a certain period throughout which the sale or purchase of iron and steel products was controlled by the iron and steel (control of production and distribution) order, 1941, issued under the defense of india act, 1939. and which was administered by the iron and steel controller in calcutta. the procedure followed was as follows : the purchaser placed the order for materials according ..... to the specifications given by him- through the iron & steel controller, agreeing that the indent was placed subject to the provisions of the sale .....
Tag this Judgment!Court : Delhi
Reported in : AIR1974Delhi184
..... the petition of revision. this power of revision is not limited by any of the conditions that are prescribed for exercise of revisional jurisdiction under section 187 of the act. should these proceedings be assumed to be of judicial nature, but not originating by a revenue suit or application, the power of revision simple and clear. the ..... and non-judicial proceedings. this rule is to the effect that proceedings, orders, appeals, revisions and reference in the following cases shall be deemed judicial for purposes of the act, namely, (a), mutation in cases of succession or transfer under sections 23 and 27(b) settlement of boundary disputes under sections 28 and 36 and (c) other ..... in the writ petition that on keith april, 1975, khaliq-ur-rehhman entered into an agreement of partnership with the deceased in the respect of the land reforms act. it is also contended that the said agreement was ineffectual in law. two other facts are mentioned in the writ pehman etc. legal represents of aziz-ur- .....
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