Court : Delhi
..... writ in the nature of declaration, declaring that the toll tax & ecc agreement is ultra vires section 113 (2) (g) of the delhi municipal corporation act, 1957 to the extent it contemplates payment of amount by the petitioner to the respondent no.l in excess of the toll tax actually collected by the ..... the petitioner has vehemently urged as follows:-"(i) he has urged that as is apparent from the minutes of the meeting noted above, there has been a reduction of at least 30% in the traffic on the opening of the eastern peripheral expressway ..... issuance a suitable writ, order and direction declaring that in the guise of section 113 (2) (g) of the delhi municipal corporation act, 1957 the petitioner cannot be compelled to pay to the respondent no.l more than the actual amount collected towards toll tax from commercial vehicles ..... petitioner is that for the purpose of collecting toll tax, sdmc floated a tender on 21.07.2017 inviting bids from interested w.p. ..... clause 16 and the legal position regarding compliance of the principles of natural justice, it is appropriate that the respondent give a proper hearing to the petitioner and thereafter ..... (c) 12483/2019 page 7 of 10 duty to act reasonably, it has to be enforced as an implied statutory requirement, so that failure to observe it means that the administrative act or decision was outside the statutory power, unjustified by law, and therefore ultra vires and void (see wade's ..... maneka gandhi case [1964 ac40: (1963) ..... baldwin [1964 ac40: (1963 .....
Tag this Judgment!Court : Delhi
..... unaided recognized private schools submitted that the impugned office orders are not only in violation of rule 145, but also without jurisdiction as sections 3(1) and 16 of the dse act, 1973 read with rule 43 of the dse rules, 1973 did not empower the administrator to override rule 145 which conferred power to regulate admissions upon the head of a recognised unaided ..... in fact, the supreme court in society for unaided private schools of rajasthan (supra) upheld the constitutional validity and legality of rte act, 2009 in particular its section 12(1)(c) holding it to be an enactment to give effect to article 21-a of the constitution and a reasonable restriction on the non-minorities right to establish and administer an unaided ..... like any private entity that does not seek aid or assistance from the government, and that exists by virtue of the funds generated by it, including its loans or borrowings, it is important to note that the essential ingredients of the management of the private institution include the recruiting students and staff, and the quantum of fee that is to be charged. ..... malhotra submitted that the impugned office orders had been issued to give effect to the right to education of children belonging to tender age as they could not be expected to travel long distances to their schools as the same would not only affect their health, but would also put additional ..... , 1964 (1) scr332the supreme court has held, though learned counsel for the respondent started .....
Tag this Judgment!Court : Delhi
..... unaided recognized private schools submitted that the impugned office orders are not only in violation of rule 145, but also without jurisdiction as sections 3(1) and 16 of the dse act, 1973 read with rule 43 of the dse rules, 1973 did not empower the administrator to override rule 145 which conferred power to regulate admissions upon the head of a recognised unaided ..... in fact, the supreme court in society for unaided private schools of rajasthan (supra) upheld the constitutional validity and legality of rte act, 2009 in particular its section 12(1)(c) holding it to be an enactment to give effect to article 21-a of the constitution and a reasonable restriction on the non-minorities right to establish and administer an unaided ..... like any private entity that does not seek aid or assistance from the government, and that exists by virtue of the funds generated by it, including its loans or borrowings, it is important to note that the essential ingredients of the management of the private institution include the recruiting students and staff, and the quantum of fee that is to be charged. ..... malhotra submitted that the impugned office orders had been issued to give effect to the right to education of children belonging to tender age as they could not be expected to travel long distances to their schools as the same would not only affect their health, but would also put additional ..... , 1964 (1) scr332the supreme court has held, though learned counsel for the respondent started .....
Tag this Judgment!Court : Delhi
..... unaided recognized private schools submitted that the impugned office orders are not only in violation of rule 145, but also without jurisdiction as sections 3(1) and 16 of the dse act, 1973 read with rule 43 of the dse rules, 1973 did not empower the administrator to override rule 145 which conferred power to regulate admissions upon the head of a recognised unaided ..... in fact, the supreme court in society for unaided private schools of rajasthan (supra) upheld the constitutional validity and legality of rte act, 2009 in particular its section 12(1)(c) holding it to be an enactment to give effect to article 21-a of the constitution and a reasonable restriction on the non-minorities right to establish and administer an unaided ..... like any private entity that does not seek aid or assistance from the government, and that exists by virtue of the funds generated by it, including its loans or borrowings, it is important to note that the essential ingredients of the management of the private institution include the recruiting students and staff, and the quantum of fee that is to be charged. ..... malhotra submitted that the impugned office orders had been issued to give effect to the right to education of children belonging to tender age as they could not be expected to travel long distances to their schools as the same would not only affect their health, but would also put additional ..... , 1964 (1) scr332the supreme court has held, though learned counsel for the respondent started .....
Tag this Judgment!Court : Delhi
..... unaided recognized private schools submitted that the impugned office orders are not only in violation of rule 145, but also without jurisdiction as sections 3(1) and 16 of the dse act, 1973 read with rule 43 of the dse rules, 1973 did not empower the administrator to override rule 145 which conferred power to regulate admissions upon the head of a recognised unaided ..... in fact, the supreme court in society for unaided private schools of rajasthan (supra) upheld the constitutional validity and legality of rte act, 2009 in particular its section 12(1)(c) holding it to be an enactment to give effect to article 21-a of the constitution and a reasonable restriction on the non-minorities right to establish and administer an unaided ..... like any private entity that does not seek aid or assistance from the government, and that exists by virtue of the funds generated by it, including its loans or borrowings, it is important to note that the essential ingredients of the management of the private institution include the recruiting students and staff, and the quantum of fee that is to be charged. ..... malhotra submitted that the impugned office orders had been issued to give effect to the right to education of children belonging to tender age as they could not be expected to travel long distances to their schools as the same would not only affect their health, but would also put additional ..... , 1964 (1) scr332the supreme court has held, though learned counsel for the respondent started .....
Tag this Judgment!Court : Delhi
..... writing as aforesaid, any part of his statement, if duly proved, may be used by the accused, and with the permission of the court, by the prosecution, to contradict such witness in the manner provided by section 145 of the indian evidence act, 1872 (1 of 1872 ); and when any part of such statement is so used, any part thereof may also be used in the re- examination of such witness, but for the purpose only of explaining any matter referred to in his ..... . there is absolutely no discussion as to how the recovery, at the instance of a-4, of rupees one lac, from one mangal chand, after showing a two rupee currency note (recovered from a-7), especially when a-4 and a-7 were acquitted by the trial court could have been held as an incriminating circumstance proved beyond reasonable doubt against a-3 ..... in this regard, learned counsel relied on the decision reported as hari charan kurmi v state of bihar 1964 (6) scr 623.it was argued that the trial court adopted an approach of blind adherence to the said alleged confessional statement, without first satisfying itself if all the corroborating materials and facts had death sent.2/10; ..... . this court was clearly sounded a note of caution that in a case depending largely upon circumstantial evidence, there is always danger that conjecture or suspicion may take the place of legal proof ..... . it is to lend assurance to the testimony of the witnesses that evidence in the form of an earlier identification is tendered .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
..... thus, in all those matters, she showed lack of integrity, lack of devotion to duty and conduct unbecoming of a government servant and thereby contravened the provisions of rule 3(1)(i), 3(1)(ii) and 3(1)(iii) of the ccs (conduct) rules, 1964 and rendered herself liable for action under rule 14 of the ccs (cca) rules, 1965. ..... the applicant has also sought specific information under the right to information act, 2005 and the respondents have very clearly informed that the hard copies of original documents of b/es presented by the cha/importer before the inspector and superintendent in the shed and those officers gave their ..... in para 8 of the judgment, the supreme court has specifically noted that the law does not permit quashing of the charge sheet in a `routine manner ..... the number of officers, both inspectors and superintendents and the importers, was large and the investigation involved examination of complex legal provisions relating to processing of bills of entry in edi system. ..... the management witnesses merely tendered the documents and did not prove the contents thereof ..... principles laid down by the supreme court as well as by this court in the judgments cited by the respondent and noted above squarely apply to the instant case. 61. ..... thereafter, the applicant sought information under right to information act, 2005 and the respondents, vide its letter dated 22.11.2012, informed her that the original import documents which were the basis for the aforesaid proceedings were not .....
Tag this Judgment!Court : Delhi
..... unaided recognized private schools submitted that the impugned office orders are not only in violation of rule 145, but also without jurisdiction as sections 3(1) and 16 of the dse act, 1973 read with rule 43 of the dse rules, 1973 did not empower the administrator to override rule 145 which conferred power to regulate admissions upon the head of a recognised unaided ..... in fact, the supreme court in society for unaided private schools of rajasthan (supra) upheld the constitutional validity and legality of rte act, 2009 in particular its section 12(1)(c) holding it to be an enactment to give effect to article 21-a of the constitution and a reasonable restriction on the non-minorities right to establish and administer an unaided ..... like any private entity that does not seek aid or assistance from the government, and that exists by virtue of the funds generated by it, including its loans or borrowings, it is important to note that the essential ingredients of the management of the private institution include the recruiting students and staff, and the quantum of fee that is to be charged. ..... malhotra submitted that the impugned office orders had been issued to give effect to the right to education of children belonging to tender age as they could not be expected to travel long distances to their schools as the same would not only affect their health, but would also put additional ..... , 1964 (1) scr332the supreme court has held, though learned counsel for the respondent started .....
Tag this Judgment!Court : Delhi
..... the victim's hostility to his assailant, that naturally makes it necessary for the criminal courts examine the evidence given by such witness very carefully and scrutinise all the infirmities in that evidence before deciding to act upon it [i].t may be relevant to remember that though the witness is hostile to the assailant, it is not likely that he would deliberately omit to name the real assailant and substitute in his place the name of the enemy of ..... lateral aspect of left forearm with tenderness with mild swelling (l) lateral neck. ..... he was also charged with the offence under sections arms act for having been found in possession of a knife of length 23.1 cm recovered from his room at the aforementioned location crl. ..... the post-mortem report noted, the depth of the injury was about 18 cm in a forward to backward, below upwards and lateral to medial ..... (iii) for the offence under section 27 arms act, he was sentenced to undergo rigorous imprisonment for three years along with fine of rs.5000/- and in default of payment, to undergo simple imprisonment for two months ..... abrasion over tenderness and abrasion over olecaron (elbow) area left upper limb, periorbital swelling over left ..... the legal position was also succinctly encapsulated in raju ..... state of punjab (1964) 3 scr397 it was observed by the supreme court as under: there can be no doubt that in a murder case when evidence is given by near relatives of the victim and the murder is alleged to have been committed by the enemy of .....
Tag this Judgment!Court : Delhi
..... is recorded under section 161 cr pc, no such fact is mentioned in the charge-sheet, and it is not relied upon by the prosecution in support of its charges against the accused, and it is not tendered with the charge-sheet crl.a.694/2017 page 62 of 83 as a relied upon document, the court finds it difficult to agree with the trial court that by merely referring to the case diary, a trial court ..... 's hostility to his assailant, that naturally makes it necessary for the criminal courts to examine the evidence given by such witness very carefully and scrutinise all the infirmities in that evidence before deciding to act upon it [i].t may be relevant to remember that though the witness is hostile to the assailant, it is not likely that he would deliberately omit to name the real assailant and substitute in his ..... recoveries of the kerosene oil, knife and match box and there were no chance prints on the said articles, it was noted that nothing can be inferred on the appreciation crl.a.694/2017 page 38 of 83 of the testimony of the above witnesses ..... that case for application of section 27 of evidence act, admissible portion of confessional statement has to be found as to a fact which were the immediate cause of the discovery, only that would be part of legal evidence and not the rest. ..... state of punjab (1964) 3 scr397 it was observed by the supreme court as under: there can be no doubt that in a murder case when evidence is given by near relatives of the victim and the murder is alleged crl .....
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