Court : Delhi
Decided on : Sep-08-2005
Reported in : 2005(2)CTLJ493(Del)
..... will not unnecessarily protract the hearing of a suit. having regard to the changes in the legislative policy as adumbrated by the amendments carried out in the code of civil procedure, the courts would interpret the provisions in such a manner so as to save ..... made in the plaint as correct unless the documents placed on record including that of the plaintiff demonstrate that the plaint is patently vexacious based on false-hood and such averments cannot be taken as correct. reference in this regard can be made to the ..... is made to the dealer. running account in respect of dealership of defendant no. 1 was also maintained. as on december 31, 2002, there was a debit balance of more than rs. 1.35 crores against defendant no. 1 as there was a great fall ..... of action, the court held as under:-xxx xxx xxx xxxcause of action 140. a cause of action is a bundle of acts which are required to be pleaded and proved for the purpose of obtaining relief claimed in the suit. for the aforementioned purpose, .....
Tag this Judgment!Court : Delhi
Decided on : Feb-17-2005
Reported in : 118(2005)DLT402; 2005(81)DRJ37
..... not independently of the proceedings.''the high court was clearly without jurisdiction in entertaining the application under section 151 and 152 to award the additional benefits under the amendment act 68 of 1984 or to amend the decrees already disposed of.'14. so is the view taken in union of india v. rangilaram : air1996sc206 , state of maharashtra v. maharau srawan ..... filed a regular first appeal. however, after the judgment of the regular first appeal, only the appellants came up in further appeal by filing the present letters patent appeal and the other parties accepted the judgment. it is only after a delay of almost 20 years that cm 804/2001 was filed by respondents no. 2 ..... to 17 seeking their impleadment as respondents which was allowed on 15.3.2002.4. the impleadment of the respondents, however, does not imply that they are ipso facto entitled to the enhanced claim to which the appellants are entitled. these .....
Tag this Judgment!Court : Delhi
Decided on : Feb-03-2005
Reported in : 118(2005)DLT63; 2005(80)DRJ611; [2005(105)FLR1124]; (2005)IILLJ430Del; 2006(1)SLJ222(Delhi)
..... i.d. no. 370 of 1997.3. the delhi transport corporation is a body corporate created under section 3 of the road transport corporation act, 1950 read with the delhi transport laws (amendment) act, 1971 having perpetual succession and common seal. the corporation is involved in providing transportation in delhi. the workman sardar singh was appointed as a ..... respondent and pay him the back wages.'and in the case of jaipur zila sahakari bhoomi bank ltd. vikas v. shri ram gopal sharma and ors., : (2002)illj834sc where the supreme court held as under:' 14. where an application is made under section 33 proviso, the authority before which the proceeding is pending for approval ..... hereinafter referred to as the 'act') before the industrial tribunal, delhi which as already noticed was rejected by the labour court. against this order of the labour court dtc have come up in writ petition before the high court and the writ was allowed. however, upon an appeal the letters patent bench allowed the lpa and .....
Tag this Judgment!Court : Delhi
Decided on : Dec-05-2005
Reported in : 125(2005)DLT423; 2006(86)DRJ73
..... for the appellant in this regard.21. since respondent no. 1 fulfilled the conditions laid down in the policy of 1961, as amended in 1989, we find no reason to interfere with the judgment and order passed by the learned single judge. 22. under the circumstances, ..... , 1961, the delhi government appears to have come out with a scheme (amended in 1989) wherein it was decided that persons whose land had been acquired under the provisions of the la act are entitled to an alternative residential plot subject to fulfilling certain conditions. two relevant ..... of the proceedings instituted by respondent no. 1 merely recognized or declared her claim to bhumidari rights under section 85 of the dlr act. this recognition or declaration must necessarily relate back to 1986-87 when she claims to have acquired bhumidari rights, or three years ..... madan b. lokur, j.1. this appeal under clause x of the letters patent is directed against the judgment and order dated 27th march, 2003 passed by a learned single judge of .....
Tag this Judgment!Court : Delhi
Decided on : Aug-05-2005
Reported in : 122(2005)DLT538; 2005(84)DRJ40
..... case as also the principle of estoppel applies on both parties'. thereafter there is a mention of passing of order in other writ petitions overlooking the intent behind the 1976 amendments to order xlvii rule 1(2) viz. the explanationn inserted therein. it has also been stated that 'the hon'ble court has not appreciated the facts, that ..... filed on 30.6.2005 and refiled twice thereafter well beyond the stipulated period of thirty days. an application under section 5 of the limitation act does not accompany it. the application is patently barred by limitation which is fatal for its consideration. the orders of the division bench do not enlarge time or condone delay in the filing ..... m.c. decided on august 3, 2005. his ordership has also taken note of similar dismissal orders passed by the another single judge in w.p. (c) 5224/2002.6. a perusal of the review application discloses that the grounds on which the order under review is assailed is that 'this hon'ble court while rejecting a prayer (a .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Apr-01-2005
Reported in : (2005)(186)ELT90TriDel
..... 442 (cegat-lb)] wherein it has been held that the power of rectification of mistake under section 129b of the act is a limited power and this power is restricted to rectification of mistakes apparent from the record calling for amendment of the order. it has been held by the supreme court in the case of s. balram, income-tax ..... of the duty which had been paid by them in excess before the abatement was allowed; that in view of this, the provisions of section 27 of the customs act regarding unjust enrichment are applicable.4. we have considered the submissions of both the sides. the applicants, through the present application, are challenging the findings given by us ..... officer company v. volkart brothers, air 1971 sc 2204 that a mistake apparent on record must be an obvious and patent mistake not something which can be established by a .....
Tag this Judgment!Court : Delhi
Decided on : Dec-22-2005
Reported in : 2006(86)DRJ593
..... .p.)in exercise of the powers conferred by sub-section (1) of section 29b of the industries (development and regulations) act, 1951 (65 of 1951), the central government hereby makes the following further amendment in the notification of the government of india in the ministry of industry (department of industrial development number s.o.477 ( ..... effect to it, vide government of andhra pradesh v. road rollers owners welfare association : (2004)6scc210 .40. in jinia keotin v. kumar sitaram manjhi : [2002]supp5scr689 , the supreme court observed:-the court cannot re-legislate on the subject under the guise of interpretation against the legislative will expressed in the enactment itself.41. ..... adopt an interpretation which would tend to do violence to the express language as well as the plain meaning and patent aim and object underlying the various other provisions of the act. even in endeavoring to maintain the object and spirit of the law to achieve the goal fixed by the legislature, the .....
Tag this Judgment!Court : Delhi
Decided on : May-26-2005
Reported in : 2005(2)ARBLR324(Delhi); IV(2005)BC156; [2006]132CompCas417(Delhi); 121(2005)DLT241; 2005(82)DRJ631
..... of this section were mandatory and the judicial authority had no option but to refer the parties to arbitration. he also submitted that the arbitration act being a subsequent act would prevail over the drb act and the amendment made in 2000 in section 34(2) would make no difference in this position.10. learned counsel cited supreme court judgments in sukanya holdings (p ..... order dated 6.8.2001 on the ground that provisions of arbitration act were not applicable to the proceedings before the drt and declined to stay the proceedings.5. petitioners filed an appeal before the appellate tribunal against this order and the tribunal dismissed it by order dated 18.6.2002 on three main planks:-1) that the rdb had taken away .....
Tag this Judgment!Court : Delhi
Decided on : Dec-02-2005
Reported in : AIR2006Delhi148; 125(2005)DLT433; 2006(86)DRJ34
..... specified in clauses (a) and (b) of section 57; and (ii) in the case of wills made by any parsi dying, after the commencement of the indian succession (amendment) act, 1962 (16 of 1962), where such wills are made within the local limits of the ordinary original civil jurisdiction) of the high courts at calcutta, madras and bombay, and ..... proceedings are stated to be initiated for grant of probate of subsequent will. 15. the petitioners do not dispute the contents of the order dated 19.09.2002 in is no. 1858/2002 which are as under :'after considering the submissions made by learned counsel for the parties, this court is of the considered view that the application filed ..... the partners, by the court on 28.09.1981 and none of the partners have challenged the said statements thereafter. the petitioners herein had filed is no. 1858/2002 in the said suit for modification of the preliminary decree on the basis that the petitioners had come to know about one registered will dated 26.12.1974, and .....
Tag this Judgment!Court : Delhi
Decided on : Feb-25-2005
Reported in : 2005(1)ARBLR443(Delhi); III(2005)BC47; 118(2005)DLT69; 2005(80)DRJ574
..... be adjusted from the amount payable to the petitioner;(iv) the threatened action of the respondent in recovering the amount by enforcing the two bank guarantees is patently against the conditions subject to which the amount was released by the respondent and accepted by the petitioner.13. before i deal with the above contentions of ..... fraudulent recommendations given by the crc and another committee of officers overruling the earlier recommendations given by its own appointed crp.6. vide letter dated 2.9.2002, the respondent made suggestions to start the recoveries of the said amount and wanted the petitioner to re-word the bank guarantees furnished by the petitioner ..... 1. the petitioner m/s.jaiprakash hyundai consortium (for short m/s. jhc) has filed this petition under section 9 of the arbitration and conciliation act, 1996 (for short the act), read with section 151 cpc for grant of an ad interim order restraining the respondent m/s. satluj jal vidyut nigam limited (earlier known as nathpa .....
Tag this Judgment!