Court : Delhi
Reported in : [1998]231ITR318(Delhi); [1998]97TAXMAN144(Delhi)
..... of west bengal v. subodh gopal bose : [1954]1scr587 .2. kharak singh v. state of u.p. : 1963crilj329 .3. rustom cavasjee cooper v. union of india : [1970]3scr530 .4. maneka gandhi (smt.) v. union of india : [1978]2scr621 .5. state of himachal pradesh v. umed ram sharma : [1986]1scr251 .6. supreme court legal aid committee representing undertrial prisoners v. union of ..... allegations in the counter-affidavit.on march 30, 1995, mr. sanjay gupta filed an affidavit on behalf of the petitioners stating that in respect of property bearing no. 9, kasturba gandhi marg, where the apparent consideration was rs. 7.20 crores and the application in from no. 37-i was filed on november 28, 1994, no objection certificate was granted and .....
Tag this Judgment!Court : Delhi
Reported in : 61(1996)DLT206; 1996(36)DRJ34
..... that any such approach has been made for any particular colony to be regularised on the same pattern as other colonies have been regularised.(217) in case of gandhi grah nirman samili (supra), the supreme court has already held that acquisition proceedings cannot be quashed on the sole ground that the land owners have raised illegal ..... regularised certain unauthorised colonies and there is no reason why the constructions raised by the petitioner in the land in question should not be regularised . in the case of gandhi grah nirman sahkari samiti ltd, vs stale of rajasthan & others, : 1993(66)elt47(sc) , it has been laid down that the constructions raised on the land ..... the provisions of the delhi development act. we need not repeat the reasoning given in this judgment with which we entirely agree.(139) reference may be also made to gandhi gruh nirman sahkari sumiti ltd v. state of rajasthan & others, : 1993(66)elt47(sc) , where provisions of the rajasthan urban improvement act came up for .....
Tag this Judgment!Court : Delhi
Reported in : 1996IAD(Delhi)749; 1996(36)DRJ558; 1996RLR140
ORDER In partial modification of office order No. 38/Bldg. dated 5. 9. 1977, priorities of demolition of unauthorised construction will be as under: FIRSTPRIORITY; A) Cases of unauthorised construction of commercial nature such asmarkets, offices, godowns which have been dismissed/remanded from the courts. B) Unauthorised construction of commercial nature including, cases. where unauthorised structure was demolished and has beenreconstructed. C) All cases of commercial as well as residential nature where sanction ofbuilding plans is revoked. D) Unauthorised construction of new colonies on green agricultural land/private land. E) Unauthorised construction of residential nature which has been dismissed from the court, including the cases of unauthor is edconstruction which affect rights (light, ventilation, passage etc. ofneighbors) . SECONDPRIORITY A) Cases of unauthorised construction effected by any structure or coming in the right of way of the road. B) Unauthorised constructio...
Tag this Judgment!Court : Delhi
Reported in : 62(1996)DLT313
Y.K. Sabharwal, J.(1) I had the advantage of reading the opinion of my learned Brother K. Ramamoorthy. I am in respectful agreement with the conclusions reached by brother Ramamoorthy that all the appeals and writ petitions deserve dismissal. In his judgment Brother Ramamoorthy has dealt with various aspects of the matter in great detail as also the decisions cited before us. Considering, however, the gravity of unauthorised construction and misuse and numerous cases which come up before Courts seeking injunction relating to such constructions, I would notice few salient facts of these cases. (2) The unauthorised construction and unauthorised user of residential building for commercial purposes in Delhi has gained alarming proportions and crossed all limits. At the very outset I may state that these activities are against the interests of the Society at large and need to be dealt with firmly. (3) The common questions of fact and law are involved in these batch of writ petitions and app...
Tag this Judgment!Court : Delhi
Reported in : AIR1997Delhi1; 63(1996)DLT306; 1996(38)DRJ327
..... reasonably and in good faith. it is not only sufficient that an instrument is in travires the parent act, but it must also be consistent with the constitutional principles: maneka gandhi v. union of india : [1978]2scr621 . the true position, thereforee, is that any act of the repository of power, whether legislative or administrative or quasi-judicial, is open to challenge .....
Tag this Judgment!Court : Delhi
Reported in : 1996IIIAD(Delhi)333; 3(1996)CLT337; 1996(38)DRJ203; ILR1996Delhi754
..... the union of india. (5) this case demonstrates how innocent lives were snuffed out by barbaric mobs indulging in an orgy of violence after the brutal killing of smt. indira gandhi. it is not difficult to visualise the terror, pain and the suffering which must have struck the affected people not at the hands of beasts but fellow beings belonging to ..... death of her husband. (2) shri narain singh, petitioner's husband, lost his life on november 1, 1984, in the riots which took place after the assassination of smt. indira gandhi. on the fateful day he was traveling by bombay ferozepur janta express train. according to the fir no. 355 dated november 1, 1984, lodged at the police station new delhi .....
Tag this Judgment!Court : Delhi
Reported in : 1996IVAD(Delhi)507; 66(1997)DLT660; 1996(39)DRJ609
..... was 131 and his date of enrolment was 25th may,1959 and membership no. of manohar lal chawla was 973 with date of enrolment 30th december, 1960 while nand lal gandhi, bhola nath, satya prabha etc. all were enrolled on 31st december, 1960. it would be evident that bhola nath gogia was much junior in the list. this is in ..... would become amenable to the writ jurisidiction of this court at least under article 226 if not under article 32 read with article 12 of the constitution. (27) since maneka gandhi vs . union of india, : [1978]2scr621 , right to life and personal liberty has gained ever expanding meaning and right to shelter also emanating from article 21 was recognised as ..... .71 was not the seniority but file number. out of 360 plots, 342 plots had been allotted to those who enrolled before 25th may, 1959 were senior to n.l. gandhi. he also filed a waiting list position as on 25th december, 1991(annexure r-1). sh. 0m prakash chugh and sh. kamlesh kumar juneja were senior to him, their .....
Tag this Judgment!Court : Delhi
Reported in : 1997IAD(Delhi)420; 64(1996)DLT572; 1996(39)DRJ512
R.C. Lahoti, J.(1) Whether an application under Section 5 of the Limitation Act seeking condensation of delay in filing an appeal must accompany the memo of appeal? If the application is not so filed does it cease to be maintainable merely because it was filed a few days after the filing of the appeal? These are the questions of law of day to day recurrence, which arise for decision in this appeal.(2) The order of injunction which is under appeal was passed on 24.5.96. On 25.5.96 an application for certified copy of the order was made. Copy was ready on 28.5.96. The last day of filing the appeal was 27.6.1996. The appeal was filed on 2nd July, 1996. It was not accompanied by an application seeking condensation of delay in filing the appeal. The registry raised a few objections including one of the appeal being barred by time and brought it to the notice of the appellant's counsel. The appeal was returned to the appellant's counsel for removing the defects and refiling the same within o...
Tag this Judgment!Court : Delhi
Reported in : AIR1998Delhi95; [1997]89CompCas438(Delhi)
..... importing it would have the effect of paralysing the administrative process or where the need for promptitude or the urgency of taking action so demands, as pointed out in maneka gandhi's case, : [1978]2scr621 . if legislation and the necessities of a situation can exclude the principles of natural justice including the audi alteram partem rule a fortiori so can a .....
Tag this Judgment!Court : Delhi
Reported in : 1997VAD(Delhi)405; 3(1997)CLT425; 68(1997)DLT650; 1997RLR585
..... of nehru family and was regarded as 'purohit' and in the same way the applicant has been associated with late smt. indira gandhi, late sh. sanjay gandhi, late sh rajiv gandhi, mrs. sonia gandhi and they have been getting religious blessings from him on the family functions. the applicant further says that he has become old and ..... after having completed 38 years of blemishless service and had the rare privilege of working with pt. jawaharlal nehru. sh.lal bahadur shastri,smt. indira gandhi and sh.rajiv gandhi in their personal sections. regarding restricted movement the applicant has stated that he met with a road accident about 7 months ago resulting in fracture of ..... general secretary of district congress committee and the applicant and her husband are stated to have joined the congress influenced by panchayat raj policies of sh. rajiv gandhi as they claim in their bio data. it seems that the main reason for exerting discretion in favor of the applicant is the political background and .....
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