Court : Delhi
1. The present application displays a blatant refusal by a party to the litigation to comply with the court direction made in accordance with law to furnish a blood sample for DNA testing which would enable authoritative adjudication on the real issue in the matter. For this purpose, the defendant no. 1 has filed IA No. 10394/2011 dated 30th May, 2011 seeking the following prayers :- "(a) direct the plaintiff or the learned Deputy Registrar of this court or any other authority or officer not to pressurize, coerce, compel or force the petitioner in any manner to involuntarily provide blood and/or tissue sample for DNA analysis. (b) Direct that till the abovementioned prayer is finally considered by this court, the order of the learned Deputy Registrar directing the applicant to deliver blood sample on 1.6.2011 may kindly be deferred or kept in abeyance." 2. Before considering the application on the merits of the submissions made before this court, it is necessary to consider certain ess...
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..... ) 9 scc 512, the supreme court referred to its decisions in k. kamraja nadar -vs- kunju thevar, air 1958 sc 687, azhar hussain -vs- rajiv gandhi, 1986 supp. scc 315, dhartipakar madan lal aggarwal -vs- rajiv gandhi, 1987 supp. scc 93 and samar singh -vs- kedar nath, 1987 supp. scc 663 and concluded that the rejection of an application under order vii .....
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1. By way of this application under Section 151of the Code of Civil Procedure read with Section 86 of the Representation of the People Act, 1951 (hereinafter referred to as "the Act"), the respondent No.1 prays for dismissal of the petition as not maintainable in view of non-compliance of the provisions of Sections 81 and 83 of the Act. 2. It is stated in the application that the petitioner has failed to supply a complete set of papers alongwith the petition to the respondent No.1. It is further stated that the counsel for the respondent No.1 appeared before the Court on 20.05.2009 and requested the counsel for the petitioner to supply the complete set to enable him to file reply to the petition. The counsel for the petitioner held out an assurance that the complete set would be supplied the same day. However, a set of the petition alongwith the annexures was supplied to the counsel for the respondent No.1 on 6.7.2009, but even this copy was not complete and not a true copy of the peti...
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..... enough to meet such men, and must be triggered against them. in this case, the learned judge to his cost realised what george bernard shaw remarked on the assassination of mahatma gandhi "it is dangerous to be too good."the trial court in this case will remind itself of s. 35-a c.p.c. and take deterrent action if it is .....
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Rajiv Sahai Endlaw, J. W.P.(C) No.6968/2011. 1. The petitioner claims to be a Society registered under the Societies Registration Act, 1860 established with the aim and objective inter alia to promote the study and practice of radio-diagnosis, ultrasound, CT, MRI and other imaging modalities and, having more than 8600 radiologists and imaging experts having recognised post-graduate degrees in the field of radio-diagnosis and imaging recognised by the Medical Council of India (MCI) as its members. The petition is filed contending: (i) that to overcome the growing problem of sex-selective termination of pregnancy of female foetuses after determining sex of the foetus by using pre-natal sex determination techniques, the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sect Selection) Act, 1994 (PNDT Act) was enacted with the objective of prohibition of sex selection and for regulation of misuse of pre-natal diagnostic techniques and the Pre-conception and Pre-natal Diagn...
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gita mittal, j. for many centuries, indian society cherished two basic values of life i.e., satya(truth) and ahimsa(non-violence). mahavir, gautam buddha and mahatma gandhi guided the people to ingrain these values in their daily life. truth constituted an integral part of the justice-delivery system which was in vogue in the pre-independence era .....
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Reported in : 1999IAD(Delhi)581; 77(1999)DLT242; 1999(48)DRJ108
ORDERC.M. Nayar, J.1.This judgment will dispose of Civil Revision Petition Nos. 900/94 and 18/97. The first petition arises out of the judgment dated September 5, 1994 passed by Shri N.K. Goel, Addl. Rent Controller, Delhi by which an application of the petitioner for leave to defend was dismissed and an order of eviction was passed in favor of the respondent in respect of the tenanted premises. The second petition, Civil Revision 18/97 challenges the order dated November 8, 1996 dismissing an application of the petitioner for staying the proceedings under Section 14(1)(d) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') in view of the pendency of the first petition in this Court. The respondent filed an eviction petition against the petitioner under Section 14(1)(e) read with Section 25B of the Act in respect of the tenant-ed premises. Summons in the prescribed proforma were issued to the petitioner and an application under Section 25B(5) for leave to defend ...
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Reported in : 2002IIIAD(Delhi)905; 2002(62)DRJ12; [2002]256ITR662(Delhi)
..... was greater loss to them as compared to he amount of interest which they could have earned. as observed by the apex court in rajalakashmi narayan v. margaret kathleen gandhi and ors. : [1993]201itr681(sc) the question of grant of interest has to be decided on the facts and circumstances of a particular case, considering the equities ..... money exchange counters/bureaus since 1959. it may be noted, at this stage, that the bids were invited were for a total of 15 counters at the indira gandhi international and domestic airports. 4. the notice inviting tenders (nit) had set out the area of the counters in sq.meter as also their location and the ..... and respondent no. 3, m/s. american express bank limited (hereinafter referred to as aeb), in respect of money exchange counters to be allotted to them at indira gandhi international airport, new delhi. petitioner also seeks a writ of manda- mus, directing airports authority of india not to forcibly dis-prosses the petitioner from the counters held .....
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Reported in : 2003VIAD(Delhi)1; 106(2003)DLT113
..... in art. 14. it is now well settled as a result of the decisions of this court in e. p royappa vs. state of tamil nadu : (1974)illj172sc and maneka gandhi v. union of india : [1978]2scr621 that article 14 strikes at arbitrariness in state action and ensures fairness and equality of treatment. it requires that state action must not be .....
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Reported in : (2005)196CTR(Del)435; 122(2005)DLT370; 2005(83)DRJ102; [2005]278ITR401(Delhi)
..... only when findings are arrived at on the basis of the materials on record and upon compliance of the principles of natural justice.in the celebrated case of smt. maneka gandhi v. union of india, : [1978]2scr621 , the apex court has held (page 626) :'now if this be the test of applicability of the doctrine of natural justice, there can be .....
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