Court : Delhi
Decided on : Jan-07-2005
Reported in : 2006ACJ1576; 117(2004)DLT74; 2005(82)DRJ70; (2005)141PLR10
..... its subsidiaries carrying on general insurance in india was removed. by section 10a inserted in the act of 1972, by general insurance business (nationalization) amendment act, 2002 all the shares in the capital of these government insurance companies that vested in the gic before the commencement of the said amendment act stood transferred to the central government on such date. thus the ownership of these companies ..... a case. thereforee, there was no scope for refusing to continue the cover when the insured of letters patent appeal no. 1028 of 2003 sent the revised premium by accepting the offer made by the insurer in its letter dated 30th september, 2002 stating that the policy will be renewed by paying 300% premium and requesting insured to send the revised premium .....
Tag this Judgment!Court : Delhi
Decided on : Sep-29-2005
Reported in : 124(2005)DLT90
..... 102 (2003) 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 ..... to 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 at rs ..... the respondents 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 event must .....
Tag this Judgment!Court : Delhi
Decided on : Jan-12-2005
Reported in : 2005(1)ARBLR247(Delhi)
..... experience have quantified the total damage and has given the award of rs. 1 crore in favor of the respondent it cannot be held that such an award is so patently unjust and irrational and shocking to the conscious of the court, that the same should be interfered with.'18. on the afore stated touchstone of law, decision of ..... non arbitrable and hence he could decide on claims 4 to 6 which related to prolongation of work, i may only note the judgment of the apex court reported as 2002 4 sc 45, general manager, northern railway and anr. v. sarvesh chopra: '15 in our country question of delay in performance of the contract is governed by sections ..... in the award, final payment would be due to the contractor after final measurements are recorded; final bill raised, bill verified and thereafter payment tendered. the learned arbitrator has acted reasonably in awarding interest w.e.f. 1.4.1992.86. on the issue of interest, learned counsel for the respondents urged that there was no stipulation in the .....
Tag this Judgment!Court : Delhi
Decided on : Feb-21-2005
Reported in : 117(2005)DLT717; 2005(30)PTC253(Del)
..... 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 ..... 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 ..... 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 ..... thus brought at par with the berne convention. in conformity with the berne convention, section 57 of the copyright act 1957 protects the author's right of paternity as also the right of integrity. distortion, mutilation or modification if .....
Tag this Judgment!Court : Delhi
Decided on : May-25-2005
Reported in : 120(2005)DLT365; II(2006)DMC410
..... divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the marriage laws (amendment) act, 1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that ..... it is also well established that it is only when an order of a tribunal is vocative of the fundamental basic principles of justice and fair play or where a patent or flagrant error in procedure or law has crept in or where the order passed results in manifest injustice, that a court can justifiably intervene under article 227 of ..... 15.2.2002 but during the proceedings. both the parties settled the matter amicably and agreed to seek divorce by mutual consent and accordingly an application u/s 6 rule 17 cpc for converting that petition into a petition for divorce by mutual consent u/s 13(b)(1) hm act was moved on 20.9.2003 along with amended petition u .....
Tag this Judgment!Court : Delhi
Decided on : Nov-07-2005
Reported in : [2006]133CompCas504(Delhi); 125(2005)DLT165; 2005(85)DRJ298; [2006]70SCL151(Delhi)
..... by the learned counsel for the respondent we will really be legislating because in the guise of interpretation we will be really amending section 12(1) of the act. 27. in gurudevdatta vksss maryadit v. state of maharashtra : [2001]2scr654 , the supreme court observed:'it is ..... government of andhra pradesh v. rod rollers owners welfare association : (2004)6scc210 .19. in jinia keotin v. kumar sitaram manjhi : [2002]supp5scr689 , the supreme court observed:-'the court cannot relegislate on the subject under the guise of interpretation against the legislative will expressed in the ..... where the words of a statute are plain and unambiguous effect must be given to them: vide: bhaiji v. sub-divisional officer, thandla : [2002]supp5scr116 .22. in hiralal ratanlal v. sto : [1973]2scr502 the supreme court observed: 'in construing a statutory provision the first and foremost rule ..... markandeya katju, c.j. 1. this letters patent appeal has been filed against the impugned judgment dated 26.10.2004 in wp(c .....
Tag this Judgment!Court : Delhi
Decided on : Oct-27-2005
Reported in : 128(2006)DLT460; 2006(86)DRJ80
..... come to the conclusion that the plaint as framed did not substantially satisfy the requirement of section 16(c) of the specific relief act, but in any event because of the application for amendment having been allowed by the court, this objection is without any merit and is thus rejected.16. coming to the last contention ..... joshi v. prabhakar mohanlal kalwar : (1990)1scc166 and balwant singh v. harbans singh 1999 (2) plr 517, the application is allowed. the plaintiffs are permitted to amend their plaint. of course, the plaintiffs could have taken such pleas even at an earlier stage, but some delay in filing this application cannot be a ground for denying the ..... section 151 of the code of civil procedure and section 16(c) of the specific relief act, 1963 for rejection of the plaint and consequent dismissal of the suit, while is no. 4475/2005 has been filed by the plaintiffs for amendment of the plaint. the plaintiffs filed a suit for declaration, permanent injunction, mandatory injunction, .....
Tag this Judgment!Court : Delhi
Decided on : Apr-08-2005
Reported in : 120(2005)DLT283; 2005(82)DRJ327
..... also brought to the notice of this court the gazette notification in respect of the punjab municipal (new delhi amendment) act, 1984, which came into effect on 27.05.1984. section 195(1)(b) of the pm act was amended. in terms of the amendment, the requirement for issuance of notice within six months of completion of the building for action to be ..... adjacent shops had also constructed such floors and the petitioner therein should not be singled out. all these pleas were rejected and the writ petition was dismissed. the letters patent appeal was also dismissed on 12.06.2000 in limini.20. in so far as the present dispute is concerned, a copy of the agreement in the name of ..... writ petition being wp(c) no. 1362/2000 decided on 25.05.2000 titled sarabjeet singh v. ndmc where learned single judge upheld the order and the letters patent appeal filed against the said order was also dismissed. a perusal of the judgment dated 25.05.2000 of learned single judge shows that a finding was arrived at .....
Tag this Judgment!Court : Delhi
Decided on : Nov-24-2005
Reported in : AIR2006Delhi156; 2005(2)CTLJ431(Del); 128(2006)DLT96
..... not come to the court with clean hands and has concealed material facts from the court. he has concealed, particularly the agreement dated 19th may, 2005 which amended the earlier agreement dated 4th march, 2005. the plaintiff cannot be permitted in law and equity, to avoid and evade the consequences of his own breach by ..... continuously supervise and monitor the construction and thereafter allotment of such houses; (iii) the decree is likely to result in uncalled for bonanza to the plaintiff; (iv) patent illegality of order dated 20th june, 1998; (v) absence of law or any authority to determine excess vacant land after construction of 4356 dwelling units; and (vi) ..... settled principles of law. even principles emerging from judicial verdicts which are to guide the courts concerned while passing such a decree and which have been specifically acted upon, are still open to correction by the court of appeal. the provisions indicate the intention of the legislature to vest the court with the wide .....
Tag this Judgment!Court : Delhi
Decided on : Feb-03-2005
Reported in : 120(2005)DLT664; (2005)IIILLJ390Del
..... discretion in the court so as to enable it to do complete and effective justice between the parties which is illustrated by introduction of section 11 of the act by amending act 47 of 1971. the tribunal or the labour court thus was empowered to interfere in the quantum of punishment inflicted upon a workman on conclusion of a ..... enunciated even explained in greater depth by the supreme court in the case of jaipur zila sahakari bhoomi bank ltd. vikas v. shri ram gopal sharma and ors : (2002)illj834sc . in this case their lordships of the supreme court specifically referred that the law as stated in the case of punjab beverages pvt. ltd., chandigarh v. suresh ..... of the proceedings before the high court. while learned counsel for the respondent has placed reliance upon the judgment of this court in lpa no. 361/2002 decided on 25th september, 2002 to contend that in a case of this nature provisions of section 17-b have no application, learned counsel for the respondent workman has relied upon .....
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