Court : Delhi
..... 4 all er794 the facts were that a claim was made for breach of article 2 (european human rights convention embodied in uk law, by the protection of human rights act, 1998) and common law negligence alleging that soldiers were sent out on patrol, in iraq, in unsuitable snatch land rovers that were not fitted with a piece of new equipment known as ..... place either because of the `financial instability of the infant american states rather than to the stability of the doctrine theoretical foundation', or because of `logical and practical ground', or that `there could be no legal right as against the state which made the law gradually gave way to the movement from, `state irresponsibility to state responsibility. ..... active.locomotor system cervical spine no deformity/swelling asymptomatic remains ground and on physically - - - - para spinal tenderness present movements full and free no sensory neurological deficit hand grip adequate executive report on flying dated 14 aug 07 on 2 hours sorties on an- 32 ..... no legal or political system today can place the state above law as it is unjust and unfair for a citizen to be deprived of his property illegally by negligent act of officers of ..... the coi proceedings took note of not only the complete range of technical parameters but also ..... founded in 1964, it is primarily involved in the aerospace industry with its primary activities including, but not limited to manufacturing and assembling of aircrafts, navigation and related communication equipment .....
Tag this Judgment!Court : Delhi
..... based on some audit discrepancies in the check roll, a court of inquiry was ordered under the army act in may, 2001 and relying on the findings of the said court of inquiry, individual chargesheets were ..... functioning as accounts clerk in finance section of 505 army base workshop, delhi cantt-10 during jan 2000 committed an act of gross misconduct, in that he misplaced or destroyed a check roll no.xii for the month of jan 2000 ..... the above act on the part of shri anil kumar dhyani is an act of embezzlement of government money and breach of trust violating the instructions contained in para 707 of the unit standing orders and the provisions of sub rule (1) (i), (ii) & (iii) of rule 3 of the ccs (conduct) rules, 1964 which is a gross misconduct and thereby liable for disciplinary action under ccs ..... functioning as accounts clerk in finance section of 505 army base workshop, delhi cannt-10 during jun, 99 to feb 2001 committed an act of gross misconduct, in that he misappropriated the government money amounting to rs.1,63,917/- (approx. ..... the management witnesses merely tendered the documents and did not ..... inquiry report clearly shows that the inquiry officer has acted in a most mechanical and casual manner and in fact the inferences drawn by the inquiry officer are not at all supported by any legally admissible evidence. ..... it may be relevant to note that though the charge sheet contained a list of documents by which the articles of charges wp(c) no.6959/2016 page 3 of 24 were proposed to be .....
Tag this Judgment!Court : Delhi
..... section, the competent officer shall take into account the order of preference filed by the claimant under clause (f) of sub- section (2) of section 7; and in any case where the claimant is a mortgagor and tenders the amount due, the competent officer shall accept the same in full satisfaction of the mortgage debt. 48. ..... referred above are government land and in any case, government is under a legal obligation to restore the land of the claimant who has been held to be ..... petition on behalf of mohd akhtar as his power of attorney holder, before the competent authority under the evacuee separate act, inter alia, praying that the share/interest in land in question, as declared by the custodian, be separated. ..... the competent authority also noted that the claimant (shera/his heir) had not taken any steps from the period 1968 to 2001 and therefore, equity was in favour of the allottees who had been allotted the ..... on 12.05.1964; that is, almost nine years after issuance of notification, shera and shri islam filed a revision petition under section 27 of the evacuee property act seeking release of their properties that were declared as ..... the custodian also noted that this was also reported by the managing officer (rural) to deputy custodian general in a letter ..... this is also noted in the order dated 26.08.2011 passed ..... however, it was noted that the said composite land had been allotted to various persons who were not parties before ..... it is important to note that the custodian also held that the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1996)56ITD37(Delhi)
..... spent as expenditure for arriving at commercial income, what is meant by 'commercial' by the courts with reference to the trust income is that there is no application of section 14 of the act and artificial expenditure/deductions as provided in the act is not admissible to a trust for computing its income and thus the proposition expounded by the learned counsel for the assessee that income is required to be computed on commercial basis does not advance ..... it was found that the trust had been accepted to be a charitable trust for a long period and the act of 1961 had not made any changes which effected the validity of the charitable purposes.in shree ram memorial foundation's case (supra), the following is the law found as per the head note : if an institution has been set up for charitable purposes, the expenditure on one of its principal objects must ..... 865.40(vi) travelling & conveyance 3,274.70(vii) general expenses 1,227.75(viii) bank charges 123.00(ix) audit fees 1,000.00(x) water filter 2,500.00(xi) telephone 784.00(xii) legal charges 500.00the excess of income over expenditure shown as 1,941.30 4. ..... consequently the income of the assessee-trust for assessment year 1964-65 was liable to be exempt from tax.the next case relied upon by the ..... tendered by the assessee, it was stated that the construction of the building required to be utilised for charitable activities was the only activity undertaken in the period and there was no violation of section 13 of the income-tax act. .....
Tag this Judgment!Court : Delhi
..... on the other hand, anoop sharma (supra) while taking note of various earlier decisions reemphasises the legal position that sections 25-f (a) & (b) of the act are mandatory and non-compliance thereof would render the retrenchment ..... claim for parity in pay scale with his counterparts- who were permanent employees of the petitioner, was concerned, reliance was placed on legal pronouncements to submit that a daily wager cannot claim parity of pay with regular employees even if the work performed by them is identical ..... whenever an employer challenges the maintainability of industrial dispute on the ground that the employee is not a workman within the meaning of section 2(s) of the act, what the labour court/industrial tribunal is required to consider is whether the person is employed in an industry for hire or reward for doing manual, unskilled, skilled, operational, technical or ..... , we are convinced that the finding recorded by the labour court on the issue of non-compliance with section 25-f of the act was based on correct appreciation of the pleadings and evidence of the parties and the high court committed serious error by setting aside ..... learned counsel for the respondent is that, in any event, the respondent was entitled to protection under section 25-f of the industrial disputes act, 1947 (hereinafter referred to as the act) since he had continuously been serving for 12 years-earlier as a peon and thereafter as l.d.c. ..... he has also tendered in court the copy of the memorandum ..... 1964 .....
Tag this Judgment!Court : Delhi
..... opportunity to the parties interested in the dispute to present their respective cases on questions of law as well as fact, ascertainment of facts by means of evidence tendered by the parties, and adjudication by a reasoned judgment of the dispute upon a finding on the facts in controversy and application of the law to the facts found, are essential attributes of a judicial trial. ..... custavoranato da cruz pinto and others, [1985] 2 scr 93.also it was held that where several contentions, factual and legal are urged and when there is scope of an appeal rfa (os) 5 & 8/2013 page 10 from the decision of the court, it is desirable that the court should, when dealing with any matter, dispose of all the points and ..... i would also like to further note that there in any case cannot be any issue of acquiescence or estoppel against the plaintiff in view of section 74 of the contract act, 1872 and that there cannot be an estoppel against law.5. ..... counsel contested the statement that dda had agreed to forego a decision on the merits, and that the question of legality of the plaintiffs action in cancelling a concluded contract had to be decided.9. ..... in the impugned judgment, as regards the issues framed in cs(os) 993/1983, the learned single judge noted the following: i may note that at an earlier stage the suit cs(os) no. ..... brigadiar f.j.dillion [1964] 4 scr 409), have adopted an identical approach.12. .....
Tag this Judgment!Court : Delhi
..... one reasonable hypothesis considering that the appellant is unhelpful, either out of choice, or (if the hearings in this court are any indication, on account of legal advice) - can be that due to the stress mentioned by pw-2, he committed the crime, and was overcome by remorse almost immediately, which also explains his reporting the matter without any delay, ..... the trial court also convicted the appellant/accused for committing the offences under sections 25 and 27 of the arms act, and imposed a sentence of 3 years rigorous imprisonment, each in respect of those offences, and directed them ..... 1 scc 652.which held that there is no requirement in law either under section 27 of the indian evidence act or under section 161 crpc to obtain signatures of independent respectable persons of the locality on the statement made by ..... standing counsel has submitted that the informant is the appellant himself and in view of the legal position in aghnoo nagesias case, his statement to the extent that it led to discovery of facts ..... in this context we may point out that there is no requirement either under section 27 of the evidence act or under section 161 of the crpc, to obtain signature of independent witnesses on the record in which statement of ..... no doubt brutality looms large in the murders in this case particularly of the old and also the tender age child. ..... here it is pertinent to note that a contention was made on the encircled portion on ex.pw12/a declaring her unfit, that no doctor with ..... 1964 .....
Tag this Judgment!Court : Delhi
..... no.1159/120/1/min (1-3) and 1159/120/min (1-6), situated at the revenue estate of village madanpur khadar, new delhi was notified under section 4 of land acquisition act on 04.04.1964 followed by declaration under section 6 of land acquisition act on 07.12.1966 for planned development of delhi. ..... necessary facts are that a notification under section 4 of the land acquisition act, 1894 (old act) was issued on 04.04.1964; it included the suit land. ..... in pursuance of said notification, notices under section 9 & 10 as provided under the act, were issued to the interested persons, inviting the claims from all the interested persons and claims were also filed by the interested ..... it is further relevant to note that petitioner kartari devi has since ..... district judge under sections of old act as the share of the petitioner or her husband was not ..... of the above facts, the relief claimed under section 24 (2) of the act cannot be granted to the petitioner. ..... the legal heirs of the deceased kartari devi were brought on ..... further avers that pursuant to the award, neither physical possession of the suit land was taken over by the respondents nor any compensation in respect thereof was ever paid or tendered.4. ..... (west) (1-6) situated in the revenue estate of village madan pur khadar, new delhi (hereinafter referred to as suit land ) has lapsed by virtue of section 24(2) of right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 (hereinafter referred to as the .....
Tag this Judgment!Court : Delhi
..... defendants no.1 to 3 assured the plaintiff that the amount so invested in the project will be fully secured against the execution of appropriate legal documents and in the event of failure of execution of documents for any reason or failure of project , the amount paid shall be returned by them along with interest @18% per annum. ..... the said project was widely published and the knowledge that defendant no.1 had bid for the said project and had been awarded the tender for development and sale of the city centre project was always in public domain.13. ..... the then chairman of the trust had not obtained any prior approval of the trust; he had also acted in total violation and disregard to the instructions/directions given by the government of punjab from time to time. ..... relying upon the judgments mahendra manilal nanavati vs.sushila mahendra nanavati (1964) 7 scr267and raveesh chand jain vs. ..... it is pertinent to note that no application under order xii rule 6 cpc for judgment on admission was moved by the plaintiff during trial. ..... it is pertinent to note that criminal case has been registered against many individuals regarding various transactions in question and defendant no.1 is also an accused therein. ..... it is relevant to note that the plaintiff had filed co.pet.nos.380/2008, 8/2009 and 107/2009 which came to be disposed of by this court by a common order dated 13.12.2010. ..... it is relevant to note that despite availing various opportunities, the plaintiff was unable to examine any witness. .....
Tag this Judgment!Court : Delhi
..... section, the competent officer shall take into account the order of preference filed by the claimant under clause (f) of sub- section (2) of section 7; and in any case where the claimant is a mortgagor and tenders the amount due, the competent officer shall accept the same in full satisfaction of the mortgage debt. 48. ..... referred above are government land and in any case, government is under a legal obligation to restore the land of the claimant who has been held to be ..... petition on behalf of mohd akhtar as his power of attorney holder, before the competent authority under the evacuee separate act, inter alia, praying that the share/interest in land in question, as declared by the custodian, be separated. ..... the competent authority also noted that the claimant (shera/his heir) had not taken any steps from the period 1968 to 2001 and therefore, equity was in favour of the allottees who had been allotted the ..... on 12.05.1964; that is, almost nine years after issuance of notification, shera and shri islam filed a revision petition under section 27 of the evacuee property act seeking release of their properties that were declared as ..... the custodian also noted that this was also reported by the managing officer (rural) to deputy custodian general in a letter ..... this is also noted in the order dated 26.08.2011 passed ..... however, it was noted that the said composite land had been allotted to various persons who were not parties before ..... it is important to note that the custodian also held that the .....
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