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Lalit Kala Accademy Vs. Svapan Const. Ae+

Court : Delhi

Reported in : 2005(2)ARBLR447(Delhi); 121(2005)DLT495; 2005(83)DRJ292

..... sent a communication dated 7.8.1998 to the arbitrator objecting to the jurisdiction of the arbitrator to enter upon the reference and to hold the arbitral proceedings and to make an award more particularly in view of the provisions of section 3(3) of the lalit kala akademi (taking over of management) act, 1997 (act no. ..... facts and circumstances, the matter is remitted back to the arbitrator with the direction that in the first instance the arbitral tribunal shall treat the letter of the petitioner dated 7.8.1998 as objections under section 16 of the arbitration and conciliation act, 1996 in regard to his own jurisdiction as also about the existence or validity of arbitration agreement between the parties and depending on the same further proceedings, if necessary, shall be taken up in ..... arbitration proceedings would not lie in view of the passing of the take over act by the central government. ..... this is an application under section 34 of the arbitration and conciliation act, 1996 made on behalf of the applicant - lalit kala akademi, for setting aside the award of the sole arbitrator ..... case the hon'ble supreme court had the occasion to morefully consider the ambit and scope of the power of the chief justice or his nominee while deciding an application under section 11 of the arbitration and conciliation act, 1996. ..... mention that observations made herein are only for the purpose of deciding the present application and the arbitral tribunal shall be free to take its own view in the matter. .....

Dr. Sudhakar Sharma Vs. U.Oi. and Others

Court : Central Administrative Tribunal Principal Bench New Delhi

..... by the government of india is reproduced below for easy reference: (to be published in the gazette of india part i section ii) f.no.3-17/2011-akademies government of india ministry of culture new delhi, the 11th february, 2013 resolution in accordance with rule 5(i) of the rules and regulations of the lalit kala akademi, the president of india hereby appoints shri kalyan kumar chakravarty as chairman of the lalit kala akademi, new delhi with immediate effect. ..... law that normally when an appointed authority or the disciplinary authority seeks to suspend an employee, pending inquiry or contemplated inquiry or pending investigation into grave charges of misconduct or defalcation of funds or serious acts of omission and commission the order of suspension would be passed after taking into consideration the gravity of the misconduct sought to be inquired into or investigated and the nature of the evidence placed before the appointing authority and on application of the mind by disciplinary authority. ..... itself in accordance with specific needs of that organization and no iron cast structure and rules can be made applicable to them especially in the matter of personnel management and service rules. ..... been pleaded on behalf of the respondents that no handing over taking over was required for the assumption of charge by the new ..... sd- (pramod jain) joint secretary to the government of india the manager government of india press near hardware chowk faridabad-121001 (haryana) the order mentions .....

Birmati and ors. Vs. State of Haryana and ors.

Court : Punjab and Haryana

Reported in : 1997ACJ1164; (1997)115PLR61

..... the grant of relief to the heirs of a victim of custodial death, it was held that it is not always enough to relegate him to the ordinary remedy of a civil suit to claim damages for the tortuous act of the state as that remedy in private law is indeed available to the aggrieved parly; that a victim or his dependents are entitled to get relief under the public law by the courts exercising writ jurisdiction, which are ..... warders on taking over charge of such prisoners must satisfy themselves that their fetters are intact and the iron bars or the gratings of the barracks in which (hey are confined arc secure and all ..... he had also been convicted under section 25 of the arms act by the additional sessions judge, sonepat, for a period of six months on 3.2.1923 ..... jail officials; that ranbir singh not only failed to reveal his relationship and enmity with krishan but also committed a jail offence under para 609(13) of the punjab jail manual, which is applicable to the haryana jails as well. ..... jail institutions are owned and managed by the state through its servants and the death of ranbir singh was caused due to sheer negligence and breach of duty of the jail authorities and, therefore, the respondents are liable to ..... the institutions owned and managed by the state through ..... jails are under the management of a department of the government and the incident took place, which in the ordinary course of action would not have taken place only because the jail authorities were grossly negligent in the .....

Mahim Chandra Ghatak and ors. Vs. Dingamanik Union Board and ors.

Court : Kolkata

Reported in : AIR1947Cal41

..... worthy of note that none of the ten grounds taken in the memorandum of appeal to this court con-tains the remotest suggestion that the board have no right of control and management over the khal, but on the other hand all proceed on the assumption that they have such right and only exceeded it in widening the khal beyond its proper limits and cutting ..... the case in accordance with their opinion in the face of the contrary decision of a division bench and, accordingly, referred to a full bench the following question of law:whether under section 31, village self-government act, the union board can have any control over any road or water passage over which the public have a right of way, but the sub-soil under which belongs to a private individual.7. ..... on behalf of the appellants that since the khal lay on lands owned by private individuals, it was private property, although the public might have a right of way over it, and that being so, its control and management could not vest in the union board under the provisions of section 81, bengal village self-government act. ..... must bear a sense equally applicable to all the three means ..... further, it granted a permanent injunction against the union board, restraining them from taking earth from the khal, 'except for the purpose of keeping the boat passage fit and in proper condition', but that also only if the plaintiffs, on being asked by the board by a ..... to accede to this contention, but it had the support of the decision in lalit mohan saha v. .....

B.N. Magon Vs. South Delhi Municipal Corporation

Court : Delhi

..... i respectfully concur with the views aforesaid expressed by the bombay high court and hold that notwithstanding the definition of commercial establishment in section 2(5) of the delhi shops act as meaning, any premises where any profession or any work in connection therewith is being carried on, the same does not apply ..... in the case of lalit bhasin (supra) on which reliance was placed was not applicable since the same had been rendered in the context of gratuity act. ..... or ancillary thereto is carried on and includes a society registered under the societies registration act, 1860 (xxi of 1860), and charitable or other trust, whether registered or not, which carries on any business, trade or profession or work in connection with, or incidental or ancillary thereto, journalistic and printing establishments, contractors and auditors establishments, quarries and mines not governed by the mines act, 1952 (35 of 1952), educational or other institutions run for private gain, and premises ..... shall recommend the classification of the vacant lands and buildings in any ward of delhi, referred to in section 5, into colonies and groups of lands and buildings after taking into account the following parameters:-................... ..... management professional shall be the one holding mba degree / diploma from aicte/ ugc / centrally recognized institutions or institutes of national importance and having membership of delhi management ..... he stated that all over the country, including delhi, professionals such .....

P.V. Narsimha Rao Vs. State (Cbi/Spe)

Court : Supreme Court of India

Reported in : AIR1998SC2120; 1997(1)ALD(Cri)157; 1998(1)ALD(Cri)762; 1997(1)BLJR263; 1998CriLJ2930; 1998(3)SCALE53; (1998)4SCC626; [1998]2SCR870

..... . - (1) no court shall take cognizance of an offence punishable under section 161 or section 164 or section 165 of the indian penal code (45 of 1860), or under sub-section (2) or sub-section (3a) of section 5 of this act, alleged to have been committed by a public servant, except with the previous sanction ..... . and after considering the said statement the special judge, by order dated april 5, 1997, allowed the application of a-6 and tendered pardon to him on the condition of his making a full and true disclosure of all the circumstances within his knowledge relating to the offences of every other person concerned, whether as a principal or abettor in the commission of ..... . the possibility that it might legally have been so determined was admitted by one of the managers for the commons in the conference with the lords which preceded the writ of error ..... . the office bearer of such an institution would be the elected president or secretary of the managing committee who would be removable only by the body which elected him ..... . there may be an institution run by a society through an elected managing committee ..... . dhawan and lalit suri to prove a majority of the government on the floor of the mouse on july 28, 1993 by bribing members of parliament of different political-parties, individuals and groups of an amount of over rs .....

Social Jurist, a Lawyers Group Vs. Government of Nct of Delhi and ors.

Court : Delhi

Reported in : 140(2007)DLT698

..... the hospital while addressing a letter to the director, indian council of medical research on 20th september, 1980 which had been relied upon by it heavily and which was also relied upon by the dda enclosing the application form for grant of exemption under section 35(1)(ii) of the income tax act, 1961, showed their objects and projected growth and the obligation of the hospital to carry out research activity and providing free treatment. ..... it is evident that the hospital was to be constructed and was to operate within a period of two years from the date of taking over of possession. ..... on the executive committee of the hospital to look after government interests with regard to land management/utilisation thereof and also to ensure that it is utilised for the purpose laid down in the memorandum of a article of association of the institution. ..... (b) it is a society registered under the societies registration act, 1860 (21 of 1860) or such institution is owned and run by the government or any local authority, or is constituted or established under any law [for the time being in force or it is a company, firm or trust for the purpose of establishment of hospital or dispensary];(c) it is of non- ..... ramanatha aiyar, 1997 edition, defines the term 'tenor' as:'tenor' of an instrument imports identity.1. ..... of tamil nadu : [1997]2scr413 ; jor bagh association v. ..... : (1997)1scc164 ; state of punjab and ors. v. .....

Zee Telefilms Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2005SC2677; (2005)4CompLJ283(SC); JT2005(2)SC8; (2005)4SCC649

..... country(ies)' and 'member country(ies)' have been defined as under:'cricket authority' a body (whether incorporated or not) which is recognized by the council as the governing body responsible for the administration, management and development of cricket in a cricket playing country (being at the date of incorporation of the council the bodies of that description shown in the names and addresses of subscribers to the memorandum of association);' ..... has taken serious objections to the stand taken by the government of india in its additional affidavit before this court on the ground that the government of india has been taking contrary positions in regard to the status of the board in different writ petitions pending before the different high courts and now even in the supreme court, depending upon the ..... control over the entire sport of cricket including the participants as well as spectators cannot apparently act in violation of human rights.application of ..... contended the board is not created by any statute and is only registered under the societies registration act 1860 and that it is an autonomous body, administration of which is not controlled by any other authority ..... in relation to a provision which was in pari materia with section 118 of the indian succession act 1925, this court observed:'...the constitutionality of a provision, it is trite, will have to be judged keeping in view the interpretive changes ..... : [1997]1scr138 requires reconsideration in the light of the principles .....

State. Vs. Mohd. Afzal and ors.

Court : Delhi

..... (15 o 2002), 121/121a/122/124/186/332/353/ 302/307/120-b of the indian penal code , 1860 (45 of 1860), sections 25/27 of the arms act and sections 4/5/6 of the explosive substances act (6 of 1908) at police station parliament street, new delhi, recovery memos, disclosure statement made by the accused persons the draft charge-sheet and other material/evidence placed on record, the lt.governor of the ..... electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer;(c) dealing with any of the matters to which the conditions mentioned in sub-section (2) relate,and purporting to be signed by a person occupying a reasonable official position in relation to the operation of the relevant device or the management of the relevant activities (whichever is appropriate) shall be evidence of any matter stated in the certificate; and for the purposes of this sub ..... after the proceedings were over, vide ex.pw-63/9, he moved an application before the learned acmm for taking copies of the proceedings and ..... kewon, (1997) 1 criminal appeal 155, lord hoffman, applying section 69 of the police and criminal evidence act, 1984 in relation to the inaccuracy in the time display in the computer print out, held:-"i shall for the moment assume that the inaccuracy in the time display meant that "the computer not operating ..... lalit mohan who assisted inspector mohan chand sharma deposed that on 14.12.2001 two cassettes pertaining to calls received on .....

Yanala Malleshwari and ors. Vs. Ananthula Sayamma and ors.

Court : Andhra Pradesh

Reported in : 2006(6)ALT523; 2007(1)CTC97; AIR2007AP57; 2007(2)AIRKarR382(FB)

..... transferee has taken reasonable care to ascertain that the transferor had power to make the transfer (section 41 of the tp act); (iv) in a transfer of property where the seller reserves the power to revoke the transfer, the subsequent purchaser can always proceed as if the transferor revoked earlier transfer (section 42 of the tp act); and (v) if a transfer takes place where the transferor had no title or imperfect title, the transferee is entitled to get ..... sale deeds were cancelled by the vendors alleging that the owners executed general power of attorney in favour of two persons, that subsequently they cancelled the gpa in 1997 and that in spite of cancellation those persons executed sale deeds in the year 2000 without any authority or entitlement to transfer the property. ..... officer registers a document presented to him for registration, the function in the performance of which the document was produced before him is over and thereafter, becomes functus officio having no power under section 33 to impound the instrument.the supreme court, while coming to this conclusion, relied on an earlier judgment in government of uttar ..... the principle of caveat emptor (let the purchaser beware), however, has no application if vendor has practised fraud to induce the purchaser to accept the offer of sale 'a selection of ..... & syed nazir as power of attorneys to manage the property, that in respect of various ..... criminal charge against the spurious vendor for cheating under indian penal code, 1860. .....