Judgment Search Results Home > Cases Phrase: merchant shipping amendment act 2007 section 4 amendment of section 31 Court: delhi Page 8 of about 4,331 results (0.144 seconds)

Sh. Jasbir Sobti and ors. Vs. Sh. Surender Singh

Court : Delhi

Reported in : 152(2008)DLT258; 2008(105)DRJ690

..... taken up though proxy counsel appeared for the plaintiff, nobody appeared on behalf of the defendants. the joint registrar also noted that as the written statement to the amended plaint was not filed, the pleadings were not complete and thus, no admission/denial could be carried out. the matter was directed to be placed before the court ..... the party having obtained three adjournments. for instance, a party may be suddenly hospitalized on account of some serious ailment or there may be serious accident or some act of god leading to devastation. it cannot be said that though circumstances may be beyond the control of a party, further adjournment cannot be granted because of restriction ..... more than three adjournments shall not be granted, it is to be kept in view that proviso to order xvii rule 2 incorporating clauses (a) to (e) by act 104 of 1976 has been retained. clause (b) stipulates that no adjournment shall be granted at the request of a party, except where the circumstances are beyond the .....

Krishna Gupta and ors. Vs. Madan Lal and ors.

Court : Delhi

Reported in : 2003ACJ933; 2002VIIIAD(Delhi)333; 96(2002)DLT829; 2002(62)DRJ448

..... reiterated by the apex court.31. it is, thereforee, in our opinion futile to urge that the learned single judge has not taken into consideration the application for amendment of the written statement. the learned tribunal, as also the learned single judge, in our opinion, committed an error in apportioning the liability, which, in the facts ..... awarded having regard to the peculiar feature obtaining in that case which has got nothing to do with the statutory compensation payable under the provisions of the motor vehicles act. 25. submissions of the learned counsel for the insurance company to the effect that its liability was limited, cannot be accepted for more than one reason which are ..... the decision of the apex court in lata wadhwa (supra), in our considered opinion, cannot be said to have any application in the instant case. motor vehicles act, 1939 was the complete code by itself. it not only provides for the right of a victim and/or his legal heirs to obtain compensation in case of .....

M/S. Ram Murthy Pyara Lal and ors. Vs. Central Bank of India and Other ...

Court : Delhi

..... as under:- "20. in mison leathers ltd., v. canara bank, chennai (2007) 3 lw 500 the constitutional validity of the amended section 17 was challenged on the ground that the remedy of filing application under section 17 of the act which is declared to be in the nature of the suit by the supreme court is totally taken away by the ..... amendment and in any event, the remedy is only an empty formality and does not protect the rights of the borrowers, ..... mortgagors and guarantors. repelling this contention, the division bench observed: 10. we are afraid that the contention is totally mis- conceived. the provisions of section 17(1) of the act provides remedy for the .....

All India Researchers Coordination Committee and ors. Vs. Union of Ind ...

Court : Delhi

..... would prejudicially affect the interest of any person towhom such rule may be applicable. therefore, according to him, the impugned amendment is violative of section 25(3) of the act and liable to be declared void.8. mr. neeraj chaudhury, learned counsel for the union of india submitted that the ..... provided by the ugc vide ugc (minimum qualifications required for the appointment and career advancement of teachers in universities and institutions affiliated to it)(2nd amendment), regulations, 2006 (hereinafter referred to as, "regulations 2006"). the relevant portion of regulations 2006 is as under:-"net shall remain the compulsory requirement ..... (in short, "ugc") namely, ugc (minimum qualifications required for the appointment and career advancement of teachers in universities and institutions affiliated to it) (3rd amendment), regulation, 2009 ( in short, "regulations 2009"). the relevant portion of the impugned regulations, 2009 reads as under:-"net/slet shall remain the minimum eligibility .....

D.N. Kalia Vs. R.N. Kalia

Court : Delhi

..... exists the provisions of section 4(3)(b) of the benami transactions act 1988, being in the nature of a proviso excluding from the prohibition, the right to recover property held ..... the suit (counter-claim) was not maintainable and the defendant was debarred from raising the plea of benami in view of section 4 of the benami transactions (prohibition) act,1988. on merits, the plaintiff denied that anybody except him had contributed money for the purchase of the house in dispute or that he had thrown that property ..... repealed sections 81 and 82 of the indian trusts act 1882, there cannot be the same concept of trusteeship or fiduciary capacity, or that of the transferee being deemed to be holding for the benefit of the person buying or providing the consideration as was the position prior to the amendment of 1988.16. at the same time, there .....

Prithi Pal Singh and ors. Vs. Lieutenant Governor and ors.

Court : Delhi

..... directed to maintain status quo with regard to the possession in terms of the order dated 10.03.2006.12. the pleadings were completed but thereafter the petitioners amended the writ petition in the year 2010 in view of certain subsequent facts. the petitioners claim quashing of the notifications along with the plea to de-notify the ..... petitioners were enjoying interim stay in the civil suit and yet chose to make a representation for release of the land under section 48 of the said act which was acted upon. the respondents could have easily dealt with the file within a reasonable period of time and the lg would have arrived at a decision but for ..... land. thereafter, even amended pleadings have been filed.13. the respondents plead that a decision was taken on the representation of the petitioners under section 48 of the said act during the pendency of the petition which was duly communicated by the deputy secretary (la) .....

Haryana Acrylic Manufacturing Company Vs. the Commissioner of Income-t ...

Court : Delhi

Reported in : (2008)220CTR(Del)450; [2009]308ITR38(Delhi)

..... would like to reiterate that the decision of the supreme court in the case of phool chand (supra) was in the context of section 147 of the said act prior to the amendment introduced with effect from 01.04.1989. in phool chand (supra), the supreme court noted that an assessing officer may start reassessment proceedings either because some fresh facts ..... , it should be emphasized that the burlop case (supra) related to the provisions of section 34(1)(a) of the income tax act, 1922 which were similar to the provisions of section 147(a) of the said act, prior to the amendment of 1989. the decision in phool chand (supra) was in the context of section 147(a) of the said ..... act as it stood prior to the amendment of 1989. however, in the present case which relates to assessment year 1998-99, the provisions of section 147 after the amendment in 1989 would apply. the provisions of section 147 (so much as are relevant) as .....

In Re: the Companies Act, 1956; in Re: Petition Under Sections 391-394 ...

Court : Delhi

Reported in : [2009]147CompCas712(Delhi); [2009]89SCL454(Delhi)

..... second precondition is not satisfied.15. the respondent has also relied upon the stated object behind the insertion of section 205-a in the companies act by way of companies(amendment) act, 1974, which reads as under:it has been observed that large established companies have been in practice of declaring dividends in a year in which ..... which the amount lying in the 'securities premium account' may be applied 'notwithstanding anything in sub-section (1)'. this means, that the provisions of the act relating to the reduction of the securities capital are not applicable where the application of the 'securities premium account' is for one or more of the four specific ..... court for confirmation.21. there could be myriad situation, when company may have to use share premium account or reserve or reserve fund, schedule vi of the act, especially horizontal form of balance sheet, contains instructions to the effect that the word 'fund' (after reserve) should be used only when such reserve is specially .....

Ratna Commercial Enterprises Ltd. and anr. Vs. Vasutech Ltd.

Court : Delhi

Reported in : AIR2008Delhi99; I(2008)BC12; 2007(97)DRJ304

..... by mr. pradip burman defendant no. 2 is concerned it is shown to have purchased 1,050,000 shares at the purchase price of us$ 105. this was later amended on 10.3.2005 and thereafter some more shares were transferred by mr. dhruv varma to wogan technologies.5. it is stated that defendant no. 1 stepped into the ..... of an ad interim injunction.maintainability of the suit29. the other issue concerns the maintainability of the suit itself in terms of the section 41(d) of the specific relief act, 1963 ('sra') which reads as under:41. an injunction cannot be granted(d) to restrain any person from instituting or prosecuting any proceeding in a criminal matter.the ..... issued four cheques issued in favor for the defendant for a value of rs. 7 lakhs. the cheques when presented were dishonoured. after service of notice under section 138 ni act, the plaintiff filed a suit for a declaration that 'the defendant is not entitled to any benefit on account of holding the cheques' and to injunct the defendant 'from .....

Maqsood Yusuf Merchant Vs. Union of India (Uoi) Thru. the Secretary

Court : Delhi

Reported in : 2008(103)DRJ634

..... 23. ms. babbar has further highlighted that the petitioner was involved in the fraudulent export under the claim of duty drawback of rs. 49.75 lacs against seven shipping bills by over-invoicing and misdeclaration of goods. in response to this submission mr. jain has stated that an opinion taken from another trader, who has since retracted ..... and not the residence of the accused which is decisive of jurisdiction. when two or more persons agree to do or cause to be done an illegal act or an act which is illegal by illegal means such agreement is designated a criminal conspiracy under section 120a of the ipc. the ingredients of the offence is agreement and ..... under law, the further detention becomes illegal. but it does not affect the validity of the order of detention itself issued under section 3(1) of the act by the detaining authority.'21. in chaya ghoshal their lordships ruled that 'if the petitioner complaining of infraction of his personal liberty is himself guilty of perpetrating a .....