Court : Delhi
..... connected matter page 13 of 32 director antiquities, asi and competent authority, nct of delhi wherein it is stated that after the amendment of the ancient monuments and archaeological sites and remains act, 1958 in 2010, vide section 20d, all applications for constructions within the regulated area of monuments declared to be of national importance ..... public or other constructions, shall be granted in any prohibited area on and after the date on which the ancient monuments and archaeological sites and remains (amendment and validation) bill, 2010 receives the assent of the president.]. reliance is further placed on rule 33 of the rules which 12. reads as under:33 ..... the period beginning on or after the 16th day of june, 1992 but ending before the date on which the ancient monuments and archaeological sites and remains (amendment and validation) bill, 2010, receives the president, as a prohibited area in respect of such protected monument, shall be deemed to be the prohibited area declared .....
Tag this Judgment!Court : Delhi
..... its earlier judgment reported in (1984) 2 scc 75 ravi dutt sharma vs. ratan lal bhargava. relevant extract reads as follows:"7. ...... the dominant object of amending act is to provide a speedy, expeditious and effective remedy for a class of landlords contemplated by section 14(1)(e) and 14-a and for avoiding unusual dilatory process ..... would be an unreasonable one because such a classification has got a clear nexus with the objects of the amending act and the purposes which it seeks to subserve. tenants cannot complain of any discrimination because the rent act merely gave certain protection to them in public interest and if the protection or a part of it ..... a judgment of a bench of this court reported in 2009 10 (ad)delhi 284 ved prakash & anr. vs. om prakash jain wherein an amendment application seeking permission to amend an application for leave to defend had been considered; contention being that such an application is clearly maintainable; even on merits the case of the petitioner .....
Tag this Judgment!Court : Delhi
..... (emphasis by us) 140. placing reliance on the above, it is argued by mr. chandhiok that given the repugnancy between the court fees act, 1870 and the delhi court fees (amendment) act, 2012, the amendment act of 2012 is deemed to be still born and of no legal consequence and effect.141. on these aspects, another judicial precedent sheds further ..... aids to construction. the modern approach has to a considerable extent eroded the exclusionary rule even in england. a constitution bench of this court after specifically referring to assam railways and trading co. ltd. v. i.r.c. in state of mysore v. r.v. bidap : (1973)iillj418sc observed as under: the trend of academic ..... there is a manifest error in the exercise of such power or the exercise of the power is manifestly arbitrary. [reference: (2003) 4 scc579(para 13), indian railway construction company limited v. ajay kumar and; (1988) 4 scc59 state of up v. renu sagar power co.].392. we usefully notice the principles on which unreasonableness .....
Tag this Judgment!Court : Delhi
..... (emphasis by us) 140. placing reliance on the above, it is argued by mr. chandhiok that given the repugnancy between the court fees act, 1870 and the delhi court fees (amendment) act, 2012, the amendment act of 2012 is deemed to be still born and of no legal consequence and effect.141. on these aspects, another judicial precedent sheds further ..... aids to construction. the modern approach has to a considerable extent eroded the exclusionary rule even in england. a constitution bench of this court after specifically referring to assam railways and trading co. ltd. v. i.r.c. in state of mysore v. r.v. bidap : (1973)iillj418sc observed as under: the trend of academic ..... there is a manifest error in the exercise of such power or the exercise of the power is manifestly arbitrary. [reference: (2003) 4 scc579(para 13), indian railway construction company limited v. ajay kumar and; (1988) 4 scc59 state of up v. renu sagar power co.].392. we usefully notice the principles on which unreasonableness .....
Tag this Judgment!Court : Delhi
..... monopoly and carry on their outsourcing having scant regard for the security of the country. it is put forth by him that section 5a of the 1934 act, which has been amended, is the repository of power which authorizes the competent authority to issue circulars and the circulars being in consonance with the provision cannot be declared ultra vires ..... matter of policy having a purpose, is not arbitrary or unreasonable. justification has been given about the volume of air traffic, the issue of aviation and safety in metro airports. emphasis has been laid on the circular avsec order no.05/2009 dated 29.10.2009 whereby the bcas has made the airlines responsible for certain activities pertaining ..... r-1/5. it is put forth that the total number of 15,954 persons were employed by the five domestic airlines excluding air india at the six metro airports out of which 6210 were direct employees on the rolls of these airlines and the rest are outsourced to other sub-contractors. with regard to the assertions .....
Tag this Judgment!Court : Delhi
Reported in : II(2006)ACC704; 2007ACJ1221; 129(2006)DLT590; 2006(89)DRJ352
..... several cases. in rathi menon v. union of india : [2001]2scr365 , the supreme court examined the question of compensation payable under the provisions of the railways act, 1989 with reference to section 124a that was introduced by railway (amendment) act, 28 of 1994 for awarding of compensation in cases of untoward incident, in contra distinction to cases where compensation was payable to victims of accidents ..... . for the purpose of quantum of compensation, reference was made to the railway accidents (compensation) rules, 1990 made by the central government pursuant to power conferred on .....
Tag this Judgment!Court : Delhi
Reported in : 157(2009)DLT267
..... would not apply to the present case as the plaintiff had filed its suit on 7th september, 2001 i.e. prior to the 2002 amendment in cpc. section 16(2)(b) of the code of civil procedure (amendment) act, 2002 states as under:16. repeal and savings-.(b) the provisions of rules 5, 15, 17 and 18 of order vi of ..... : air2005sc3353 , by observing as under:order 6 rule 17 of the code deals with amendment of pleadings. by amendment act, 46 of 1999, this provision was deleted. it has again been restored by amendment act 22 of 2002 but with an added proviso to prevent application for amendment being allowed after the trail has commenced, unless the court comes to the conclusion that in ..... the first schedule as omitted or, as the case may be, inserted or substituted by section 16 of the code of civil procedure (amendment) act, 1999 (46 of 1999) and by section 7 of this act, shall not apply to in respect of any pleading filed before the commencement of section 16 of the code of civil procedure .....
Tag this Judgment!Court : Delhi
Reported in : AIR2003Delhi10
..... seek to take into account all precautions, which the executive found it necessary for fulfilling the object of the said act, and, thus, no exception thereto can be taken.it is further not correct to contend that by reason of the said amended rule, not much time has been granted to the owners of the cars to change registration/number plates. the ..... /number plates may change with the passage of time.the executive while implementing the provisions of the said act may face serious difficulties in doing so under the existing rules with the passage of time and as such it is entitled to amend the 1989 rules as and when necessary.10. it is preposterous to suggest as has been sought to ..... be done by the petitioner that the safety of car is not contemplated under the said act. it is notorious fact of which judicial notice can be taken that .....
Tag this Judgment!Court : Delhi
Reported in : 1998VAD(Delhi)285; 3(1998)CLT609; 75(1998)DLT3; 1998(46)DRJ719
..... wherever it occurs in chapter 6 means the 'state govt'. and the rules should be so construed. the rule making authority would be better advised to carry out suitable amendment in chapter vi so as to substitute the expression 'state govt' for the 'state transport undertaking' wherever it occurs. however, still the submission of the learned counsel for ..... immediate action, to take such action or to give such direction in the matter as he deems necessary.' (underlining by us)63. the govt of nct of delhi act, 1991 ( act no.1 of 1992) was enacted by the parliament and came into force on 1.2.1992. sections 41 and 44 (to the extent relevant for our purpose) ..... conditions of permits and fare structure along with application from : and whereas in exercise of powers conferred under sub-section (3) of section 71 of the motor vehicles act, 1988 ( act no. 59 of 1988) the lt governor of the national capital territory of delhi with the prior approval of govt of india ministry of surface transport, new delhi .....
Tag this Judgment!Court : Delhi
..... 2, 3, 4 and 7. ms. mala goel, the learned counsel for the plaintiff submits that pursuant to the hindu succession (amendment) act, 2005 (hereinafter referred to as the 'amended act') which amended the hindu succession act, 1956, all rights which were available to a hindu male are now also available to a hindu female. she submits that a daughter ..... had taken place immediately before his death, irrespective of whether he was entitled to claim partition or not. (4) after the commencement of the hindu succession (amendment) act, 2005*, no court shall recognise any right to proceed against a son, grandson or great-grandson for the recovery of any debt due from his father, ..... had taken place immediately before his death, irrespective of whether he was entitled to claim partition or not. (4) after the commencement of the hindu succession (amendment) act, 2005, no court shall recognise any right to proceed against a son, grandson or great-grandson for the recovery of any debt due from his father, .....
Tag this Judgment!