Court : Delhi
..... is further averred in the complaint that the alleged sale, if any, in respect of the said property by the petitioner no.1, in favour of petitioner no.2 is collusive and sham and both of them in collusion and conspiracy with each other, have acted in furtherance of their common intention to defraud and deceive apil and usurp their lawful and valuable rights and interests in the said property. ..... , the said petitioner continues to be in use and possession of amount of rs.1,00,00,000/- (rupees one crore only) noted above and the said amount has never ever been refunded to apil. ..... senior counsel further submitted that respondent no.2, after filing of the fir, moved an application under section 11 of the arbitration and conciliation act, 1996, before this court praying for appointment of an arbitrator under clause 53 of the agreement dated 03.06.1993. ..... also submitted that under section 40 of the transfer of property act, 1882, (for short tp act') and section 19(b) of the specific relief act, 1963, (for short sr act') rights of a party can be enforced against the successors-in-interest or assignees. ..... learned counsel further submitted that the respondent no.2 neither even tendered the entire amount of security of rs.2,50,00,000/- (two crores fifty lakhs) nor seek to enforce its rights, if any, against the petitioners. ..... supreme court further observed:- "10.....but there has been a change in the legal position in india since the passing of the transfer of property act. ..... state of bihar air 1964 sc 1] .....
Tag this Judgment!Court : Delhi
..... for the custody of infants the jurisdiction exercised by the court in deciding whether the custody should be entrusted with one or other of the contesting parties depends not on the legal right of one of those parties to the custody of the child but as to whether in the best interests and welfare of the child the custody should be entrusted with one or the other. ..... honour judge richards sitting as a deputy high court judge sitting at the royal courts of justice, strand, london wc2a 2ll in chambers on 8 january 2016 in the matter of the children act 1989 and in the matter of the senior courts act 1981 the child is nehtra anand (a girl, born 7/8/09) after hearing counsel paul hepher, on behalf of the applicant father after consideration of the documents lodged by the applicant. ..... this right does not entitle you to disobey any part of this order until you have sought legal advice; (b) to require the applicant s solicitors, namely dawson cornwell, 15 red lion square, london wc1r 4qt, tel 020 7242 2556 to provide you with a copy of any application form(s), statement(s), note of the hearing; (c) to apply, whether by counsel or solicitor or in person, to judge of the family court assigned to hear ..... by an amendment made in that order in december, 1964, a provision was incorporated that the boys should reside at all times in the state of new york and should at all times be under the ..... we found him to be too tender in age and totally immature to be able to form any independent opinion of his .....
Tag this Judgment!Court : Delhi
..... not only the above facts, it is further seen that if petitioner had valid reasons on account of infancy of her child or tender age of her elder child to join till 19.12.2014, then, there was no reason why petitioner should not have joined from may, 2015 when the period for which she had applied for extraordinary ..... to complete the narration of the claim of the petitioner for grant of extraordinary leave, it is noted that petitioner claimed that she suffered from hyper-tension and hence could not join duties, but, this plea is completely misconceived because to substantiate this plea petitioner has not filed any medical ..... grant of extraordinary leave is not a matter of legal right and every employer before granting extraordinary leave has to balance various aspects including the working requirement of the employer not being affected on account of leaves which are being sought by an employee ..... mitali chakrabarty dutta has acted in a manner unbecoming of an employee of the secretariat and she thus violated rule 3(1)(iii) of the ccs (conduct) rules, 1964. 3.... ..... of course legal entitlement to leave is always as regards leave which is legally authorized i.e maternity leave or child care leave w.p ..... i may also note that, though this aspect is not relevant in the present case because enquiry proceedings have been conducted, that the supreme court in the case of vijay ..... chakrabarty dutta has exhibited lack of devotion to duty and she thus violated rule 3(1)(ii) of the ccs (conduct) rules, 1964. .....
Tag this Judgment!Court : Delhi
..... page 40 of 58 criminal contempt means the publication (whether by words, spoken or written, or by signs, or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which (i) scandalises or tends to scandalise, or lowers or tends to lower the authority of any court this is an extremely wide definition but, it cannot be read apart from the conspectus of the ..... in exercise of supervisory jurisdiction the high court may not only give suitable directions so as to guide the subordinate court as to the manner in which it would act or proceed thereafter or afresh, the high court may in appropriate cases itself make an order in supersession or substitution of the order of the subordinate court as the court should have ..... the works were awarded either without calling the tender/quotations or by manipulating the tender conditions just to favour the applicant company. ..... in para 37 of the judgment, the supreme court however, noted that there was nothing in the editorial which could be described as an attempt to lower the authority of cestat or to ridicule it in the eyes of public, rather the object of the editorial was to highlight ..... proceeded in the matter oblivious of the aforenoticed legal position regarding initiation of contempt proceedings against litigants and has misdirected himself in making the reference by the order dated 5th november, 2016 for initiation of proceedings under section 15 of the contempt of courts act, 1971.71. ..... no.1 of 1964 (1965) .....
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..... we, therefore, record our displeasure on these aspects as this has given the petitioner the opportunity to raise legal and technical pleas which, if accepted, could result in setting aside/quashing the order dated 7th august, 2013 ..... by his aforesaid acts, the said shri bal kishan failed to maintain absolute integrity, devotion to duty and committed grave misconduct and acted in a manner unbecoming of a government servant thereby violating the provisions of rule 3(1) (i), (ii) and (iii) of ccs (conduct) rules, 1964. ..... similarly the upsc had tendered their advice vide letter dated 7th july, 2010 opining, inter alia, that the articles of charge regarding non-intimation of acquisition of immovable property, except the purchase of a scooter and 3 bighas and 18 biswas of agricultural ..... the core issue to be determined is whether the acts of omission and commission on part of the co amount to mere technical lapse covered by cvc s guidelines dated 26.02.2001 or they are of a more grave nature warranting a more severe punishment than what is envisaged vide cvc s ..... having heard the applicant who appears in person and the learned counsel representing the respondents, we are of the view that the only plea raised by the applicant as noted above has merit. ..... 33,46,601 disproportionate to known legal sources of income by the ..... it is noted that the inquiry officer did not return any specific finding on disproportionate assets in his report while holding that the co had committed grave misconduct .....
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..... out a case against the accused or allegations in the fir do not disclose a cognizable offence or do not disclose commission of any offence and make out a case against the accused or where there is express legal bar provided in any of the provisions of the code or in any other enactment under which a criminal proceeding is initiated or sufficient material to show that the criminal proceeding is maliciously instituted with an ulterior ..... which includes right to safety of persons and the immediate medical assistance as a necessary corollary is required to be crl.m.c22082015, 2209/ 2015 & 3480/2015 page 48 of 142 provided and also adequate legal protection and prevention from harassment to good samaritans and to contend that the requisite degree of care and precaution and also providing for the medical assistance during the golden hour had not been ..... . petitioner could not have been arraigned as an accused since there is no role whatsoever that has been attributed to him qua the alleged incident, it is very important to note that even if the case of the prosecution was taken at its highest no case under sectionsand 32 ipc crl.m.c22082015, 2209/ 2015 & 3480/2015 page 64 of 142 read with ..... section 304 part ii ipc and section 338 ipc can legally co-exist in a case of single rash or negligent act where a rash or negligent act is done with the knowledge of likelihood of its ..... . rescue operations attempted by the fire tenders from the bhikaji cama place and safdarjung fire stations were undertaken after ..... : .....
Tag this Judgment!Court : Delhi
..... as the trial court has observed in para 26 of the impugned judgment that properties which are subject matter of lease deeds ex.pwto ex.pw1/11 are not adjacent to the suit property.6. it is also noted that the trial court has rejected the case of the appellant/defendant which had placed reliance upon lease deeds ex.dwto ex.dw1/6, for the self-same reason that these lease deeds ..... that pw-1 has also relied upon lease-deed ex.pw-in his affidavit when he tendered the same in rebuttal which may also be considered for deciding the damages/mesne ..... that the respondent/plaintiff let out the suit property being the ground floor of property no.4/11, asaf ali road, new delhi to the appellant/defendant vide lease deed dated 09.10.1964, and which lease continued by extensions up to the year 1974 whereby no further lease deed was executed. ..... . i may note that there is always some amount of honest guess work involved in the calculation of mesne profits, but it is pertinent to note that courts should not act perversely and there must be a nexus and link between evidence led in the form of lease deeds proved on behalf of landlord to prove the ..... after terminating the tenancy by a legal notice dated 08.08.2007, the subject suit for recovery of possession and mesne ..... as regards the legal requirements to be proved in order to get a money decree for damages/mesne profits with respect to a leased premises, what is ordinarily required to be led in evidence are lease deeds of similar premises, and the .....
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..... only to retain the building and to pre-empt the respondents from taking any action, the so- called digital publications and weekly publications were commenced after inspection conducted on 26th september, 2016 is taken note of, we have no hesitation in holding that the breach of there being no printing activity or paper publication for a long period is established and this would mean and comes within the purview of ..... had also argued that young india, the company which has purchased the so-called maximum shares of the appellant company is a lpa102019 page 18 of 63 company incorporated and having the benefit of section 25 of the companies act and, therefore, the issue of the said company acquiring ownership or transfer of lease to said company is of no consequence and all these factors could not be considered for holding there to be transfer of the premises in ..... there may be certain differences with regard to the facts of each case, but this court is required to take note of the legal principle that has been laid down by the hon ble supreme court in various cases, evaluate the facts and then apply ..... thereafter, on request made by the appellant company on 19th february, 1964 certain permissions were granted and a perpetual lease that was entered into on 10th january, 1967 clause iii was incorporated in the following manner: (5) the lessee will not without ..... eviction of unauthorised occupants) rules, 1971, requires the estate officer to record the summary of evidence tendered before him. .....
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..... escape the burden of attending to day hearings in the said suits and further to escape the burden of engaging and financial burden & collection of advocates the day of cs(os) 252/2018 page 9 of 17 despite receipt of legal notices, defendant no.1 filed two civil suits for possession, injunction and recovery of misuse charges/damages on 30.05.2007 &31.05.2007 against defendant no.2 and defendant nos. ..... to answer these frivolous objections, and his responsibilities undertaken vide memorandum dated 08.05.2014, plaintiff herein tendered evidence in both aforesaid civil suits affirming his 50% undivided ownership of the suit property and fully supporting prayer for eviction of the defendant nos ..... in in will that as in the ever plaintiff participated plaintiff from the inception of lease deed in the year 1964 remained as stranger in the suit property and never or contributed any manner whatsoever in respect of the suit property ..... the plaintiff urges that in view of the admissions made in the pleadings and also of the documents noted above, the parties should not be relegated to a lengthy and expensive trial and that it would be in the interest of justice that a preliminary decree be passed declaring the extent of shares of the parties ..... 31.12.1968 for the land admeasuring approximately 425 square yards comprising the suit property, was executed by the president of india (acting as lessor) jointly in favour of the plaintiff and defendant no.1 (as lessees), on the usual terms and conditions. .....
Tag this Judgment!Court : Delhi
..... statutory functions showing the name of the informant, as well as the name of the person who violated any other provision of the code and who has been guilty of an offence punishable under the act, nature of information received by them, time of the arrest, seizure of the contraband if any and the statements recorded during the offence/offences. ..... 59 173 of the code upon which the magistrate may take cognizance of any offence disclosed in the report under section 190(1)(b) of the code whereas the empowered or authorised officer of the special acts has to file only a complaint of facts constituting any offence under the provisions of the act on the receipt of which the magistrate may take cognizance of the said offence under section 190(1)(a) of the code. ..... that the officer is authorized under section 23 of the fcra with power of search and seizure etc, however, he/she is not authorized to undertake any investigation into commission of offences under the act, particularly when the central government vide notification dated 27th october, 2011 has already specified such authorities. ..... the procurement of huge quantities of exercise note books without following quotation/tender process. ..... negative equality is not a valid legal ground38 just because out of thirteen thousand ngos, whose licences had been cancelled under fcra, only thirty two had been referred to ..... special reference no.1 of 1964, in re [air1965sc745: (1965 ..... [air1964sc358: (1964) 1 cri ..... special reference no.1 of 1964, in re. .....
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