Court : Delhi
Decided on : May-05-2005
Reported in : 120(2005)DLT300; [2005]142STC376(Delhi)
..... of the constitution of india, the writ petition was not maintainable as the provisions had become effective from 2nd february, 1983 and section 6(2) of the amending act necessitated a suo moto review of the order of assessment for the year 1976-77. otherwise, the facts were not in dispute. ..... was to be considered, in light of 46th amendment, it would no way adversely affect the case of the petitioner. no doubt by section 4 of the amending act in article 366 of the constitution, clause 29a was added after clause 29 and section 6 of the said act was a saving provision with regard to revalidation and ..... . the authorities would exercise power of review only if the grounds are made out for exercise of such jurisdiction and the ingredients of section 48 of the act are satisfied. section 48 empowers the authorities to exercise on his own motion power to rectify any mistake apparent from the records. a bare reading of this ..... : [1971]82itr50(sc) again the same view was expressed and it was held as under :-'a mistake apparent on the record must be an obvious and patent mistake and not something which can be established by a long drawn process of reasoning on points on which there may conceivably be two opinions. as seen earlier ..... and anr v. narayanbhai keshavlal patel air 1985 guj31, where the court held as under :-'on the other hand, it may be a case where patently there is an error in the approach and the subscribed may be able to convince the authority of it, given a chance. we read r.421 .....
Tag this Judgment!Court : Delhi
Decided on : Jul-19-2005
Reported in : 122(2005)DLT170; 2005(83)DRJ40
..... procedure, 1908 ( hereinafter to be referred to as, 'the code' ) in terms of the said amending code. section 100a of the code was amended and reads as under :-'100a. no further appeal in certain cases. a- notwithstanding anything contained in any letters patent for any ..... was hearing the first appeal and not an original petition filed under the said act.15. the challenge laid to the various amendments made by the amendment act, 2002 to the code was adjudicated upon by the supreme court in salem advocate bar association, t.n. v. union of india : air2003sc189 . section 100a of the code was also discussed and the restriction placed by the said ..... of the apex court, the letters patent appeal would not be maintainable. faced with this situation, there was no option but to decide the issue first about the maintainability of the appeal.4. the objection to maintainability of the appeal arises in view of the amendment act, 2002 (act no. 22 of 2002) made applicable w.e.f. 01.07.2002 in respect of code of civil ..... section was held not to be unreasonable. it was observed in para 15 as under :-'15 .....
Tag this Judgment!Court : Delhi
Decided on : Feb-03-2005
Reported in : 117(2005)DLT527; 2005(82)DRJ346
..... followed in various judgments including the full bench of that court in the case of radhey shyam v. state of haryana, 1997 (6) slr 1. 22. section 2(a) was inserted in this act by amending act of 35 of 1965 which was effective from 1.12.1965 with a clear legislative mandate to enable an individual workman to raise an industrial dispute in ..... between the employer and the employees in the regions is likely to be adverse disturbing industrial harmony understood in its larger sense. (5)while the appropriate government can examine the patent frivolousness of the demands, it shall not itself adjudicate on the demands made by the workman, which should be left to the labour court/tribunal concerned. the government should be ..... raising industrial dispute was ex facie bad and incompetent.'16. this view was followed with approval by the supreme court in the case of assistant executive engineer karnataka v. shivalinga, : (2002)illj457sc where the court after considering the judgments of ajaib singh (supra) and sapan kumar pandit v. u.p. state electricity board, 2001 scc 946 stated that the principle could ..... not resolved. hence, the matter ended in failure. the proposal for voluntary arbitration and joint reference as per section 10(a) & 10(2) of the i.d. act, 1947 is acceptable to the workman, whereas the management is not ready for the same.32. the parties from the record before the authorities had clearly shown that there was apparently some relationship between the .....
Tag this Judgment!Court : Delhi
Decided on : Feb-11-2005
Reported in : 117(2005)DLT639; 2005(80)DRJ739
..... case of mortgage suit, interest livable or chargeable cannot exceed 6% per annum. order 34 cpc is a complete code in itself. neither sec. 34 cpc nor interest act is applicable to a suit under order 34 cpc. thereforee, claim of interest made by plaintiff in its suit is bad in law. in ..... had no concern with the loan.16. as held by this court in the decision : air1985delhi464 mohd.shamim farooqi and anr. v. delhi wakf board, amendment can be allowed notwithstanding that it withdraws an admission made by a party. as clarified by their lordships of the supreme court, in the decision : air2000sc614 ..... that para no. 10 of the reply is not admitted to the extent.......'11. learned counsel for the plaintiff mr. peeyoosh kalra opposed the proposed amendment on the ground that the same seeks to withdraw an admission made by defendant no. 2 in the written statement.12. a perusal of the ..... liable to make the payment to the plaintiff if any, and the answering defendant is not at all liable to make any payment.'8. proposed amendments by the defendant no. 2 seek to incorporate paras 4 and 5 in the preliminary objections as under:-'4. it is denied that answering defendant ..... mode of calculation of interest, rate of interest etc. etc. in any case, it is submitted that plaintiff's figures disclosed after allegedly computing interest are patently wrong and denied. plaintiff is not entitled to charge interest @ 16.5% per annum compounded on monthly basis. same is illegal and/or otherwise is forbidden .....
Tag this Judgment!Court : Delhi
Decided on : Sep-29-2005
Reported in : 124(2005)DLT90
..... dlt 61 made the following observations, and nevertheless, had dismissed aforementioned letters patent appeals:5. it is relevant to note that section 124 of the said act provides for an assessment list to be prepared while section 126 provides for amendment of the assessment list. section 128 provides for notice of transfers. it is not disputed that the ..... be finalized on or before 31.3.2003. the respondents must, thereforee, successfully show that the amendment orders had been passed prior to this date. reliance by the respondents on annexure r2 dated 18.12.2002 is obviously not of any avail as that order confirms the finalization of the consolidated rateable value ..... was to make an assessment on the petitioners on an individual basis. in r.k. khandelwal v. municipal corporation of delhi, lpa no. 938/2002 decided on 25th august, 2004, the division bench had allowed the petitions of assessed whose assessment had not been completed within three years, and this ..... have been any difficulty in mentioning the date of this order. the allegation of learned counsel for the petitioner that the order dated 14.3.2002 has been ante-dated and has been subsequently placed on the files of the mcd, thereforee, commends acceptance.3. a perusal of annexure r1 ..... been filed in the appeal proceedings before him. in the course of hearing a photocopy of an order dated 14.3.2002 has been handed over. receipt of annexure r1 and r2 as well as this order has been denied by the petitioner. the order dated 14 .....
Tag this Judgment!Court : Delhi
Decided on : Mar-03-2005
Reported in : (2005)195CTR(Del)66; 118(2005)DLT720; [2005]276ITR1(Delhi)
..... the signature of the appellant in the memorandum of appeal was not an illegality or fatal but only an irregularity which could be rectified by amendment, the amendment taking effect from the date when the document had originally been filed. the memorandum as originally filed were not nullities and the tribunal had ..... appended thereto relating to the assessed be signed and verified by a person who is authorised to sign the return of income under section 140 of the income tax act, 1961, as applicable to the assessed.12. the law relating to procedures is to be construed somewhat liberally so as to make ..... can be compensated with the costs. technicalities of law should not be permitted to hamper the courts in the administration of justice between the parties. amendments are allowed in the pleadings to avoid uncalled for multiplicity of litigation. 18. the above enunciated principles of law clearly indicate that non-adherence of ..... substantial compliance to the provisions of the rules. it may be useful to notice at this stage, that the rule 45 was substituted by it 5th amendment rules, 1989 w.e.f. 18th may, 1989 to collectively say that form of appeal prescribed by sub-rule (1) may be signed and ..... in that very judgment of cit v. euracia publishing house (p) ltd., the court even clearly stated the principle that the mistake which is patent and obvious can be corrected and doctrine of merger does not apply where appeal is dismissed on ground of default, limitation or such defect. as such .....
Tag this Judgment!Court : Delhi
Decided on : May-05-2005
Reported in : 120(2005)DLT525; 2005(82)DRJ664
..... the corporation and the public purpose becomes conclusive on publication of declaration under section 6 and the scheme under the town planning act, would be deemed to be suitably varied by acquisition and it is not necessary for the authorities to follow the procedure for amendment under the town planning act.17. still, in another judgment in chandragauda ramgonda patin and anr. v ..... the appropriate government should be understood in its correct perspective and its substitution by a vested right in the owner for release of the land from acquisition would be patent misconstruction of the provisions. thus, the jurisdiction of the court to interfere in this administrative exercise of power by the authorities falls within a very narrow and limited compass ..... sanjay jain, standing counsel for uoi is taken on reocrd.list the matter on 7th august, 2002.'4. on the adjourned date of 7th august, 2002, in all probability, there was no challenge to the notifications issued under section 4 and 6 of the act, but the petitioners vehemently wanted to pursue their representation before the authorities for denotification of the land ..... its proposal is submitted to the lieutenant governor for acceptance. de-notification according to the policy is done on the guidelines. the petitioner has alleged that on 14.4.2002 representation annexure 'e' was submitted to the lieutenant governor praying for denotificationthe land belonging to petitioner's society. it appears that decision has not yet been taken on the .....
Tag this Judgment!Court : Delhi
Decided on : Feb-21-2005
Reported in : 117(2005)DLT717; 2005(30)PTC253(Del)
..... would violate the author's special rights may have anomalous unintended consequences and were, incidentally, in excess of the requirement of berne convention. the section was amended to read:''57. author's special rights. -(1) independently of the author's copyright, and even after the assignment either wholly or partially ..... rightly proud of its creativity and ingenuity''. artists play an important social role by contributing to cultural heritage thereby also elucidating history.40. why do patents and copyrights go into the public domain after a lapse of time? (duration governed by municipal legislation). the answer is simple. intellectual property and ..... incumbent upon both the public and the state to acknowledge the value of artists' contributions to cultural heritage.''42. the 10th five year plan 2002-07 of the government of india outlines india's vision for art and culture. in chapter 2.12. it records:''2.12.1 india ..... of the country where protection is claimed. however, those countries whose legislation, at the moment of their ratification of or accession to this act, does not provide for the protection after the death of the author of all the rights set out in the preceding paragraph may provide ..... it is the extreme and ultimate form of mutilation. they argue that mutilation is nothing but destruction so as to render the work imperfect.32. plaintiff, amar nath sehgal, propounds the wider view. union of india urges to the contrary.33. while granting interim relief to the plaintiff, .....
Tag this Judgment!Court : Delhi
Decided on : Sep-22-2005
Reported in : AIR2006Delhi53; 124(2005)DLT124; 2005(84)DRJ516; (2005)141PLR62
..... same has been conferred by the charter and incorporated in clause 24 of the letters patent of lahore high court which has been adopted by the delhi high court under section 10(2) of the delhi high court act, 1966. thereforee, as a court of equity, the high court would be exercising ..... is not concerned with any other arrangement. it has been said over and over again that there is no such thing as conditional probate or an amended probate. it is either all or nothing. that seems to be sensible enough law.' 4. reliance was also placed upon sisir kumar chandra and anr ..... counsel for the appellant that the appellant was a named executor in the will and thereforee he too was entitled to probate. section 311 of the indian succession act contemplates that when there are several executors or administrators the power of all may, in the absence of any direction to ..... testamentary jurisdiction, this court does not cease to be a court of equity and when provision of civil procedure code applies in terms of section 295 of the indian succession act, the court while exercising its inherent powers is not without jurisdiction to delete or expunge material which is scandalous, defamatory or libelous ..... . it merely safeguards all existing inherent powers possessed by a high court necessary (among other purposes) to secure the ends of justice. the section provides that those powers which the court inherently possesses shall be preserved lest it be considered that the only powers possessed by the court are .....
Tag this Judgment!Court : Delhi
Decided on : Mar-04-2005
Reported in : 120(2005)DLT656
..... delhi municipal committee v. indian bank, 69 plr 381 in the context of exercise of power under section 67(1) of the punjab municipal act, 1911, which is in pari material with section 126(1) of the act, vis--vis the amendment of assessment list. the court held that: it follows that the municipal committee should inform the person ..... or what accident had happened, if there was any, so that the assessed may be able to meet the case of the municipal committee . even if section 67(1) is read by itself, it would be clear that the legislature wanted the municipal committee to inform the assessed the reason for altering the assessment, ..... value was fixed @ rs.17,88,380/- with effect from 1-4-1998; rs. 18,77,116/- with effect from 1-5-1998 and rs. 22,32,080/- with effect from 1-11-2000.8. the learned additional district judge, allowing the appeal, held that the notice could not be sustained, as it ..... municipal corporation of delhi v. r.k. khandelwal, : 101(2002)dlt169 . that judgment, as noticed by the learned single judge, was in the context of the making of an order under section 126(4) and not concerned with the expression give a notice under section 126. besides, the said judgment has been set aside in ..... letters patent appeal, the judgment and order of a learned single judge, allowing the writ petition of mcd ( wp 6935/03 dated 27th february, 2004) has been questioned.2. the first issue raised here is the same as in lpa 233/03, namely what is meant by to give a notice, as per sections 126( .....
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