Court : Delhi
Decided on : Oct-07-2005
Reported in : 124(2005)DLT466
..... only for redesigning rehris and platforms; in reality, manushi constructed permanent structures. mcd appears to have realized this and its agreement with manushi was subsequently amended. these clearly point at the fact that the mcd is aware of ground realities and is nevertheless proceeding without any concern about opposition from several government ..... 31. as far as merits of the project are concerned, counsel submits that a task force for street vendors by the ministry of urban development in 2002. it formulated a policy, which was ultimately approved by the central government in january, 2004. the manushi developed the pilot project for street vendors ..... to trade without appropriate control would lead to undesirable results. particular reliance was placed on the observations of the supreme court that provisions of municipal acts should be construed in a beneficial manner and that if there was some ambiguity, to enable municipalities to liberally exercise their authority both for granting .....
Tag this Judgment!Court : Delhi
Decided on : Nov-09-2005
Reported in : 124(2005)DLT688
..... words 'the law as it stands' and has contended that isha marbles does not apply to these petitions for the reason that the legal position has been amended by filling up the vacuum pertaining to disconnection of energy because of existence of arrears against the previous consumers. in order to pass judicial scrutiny it would ..... . ltd. v. union of india . the 'legislation', however, has not been placed before the legislature but has been inserted in the tariff act. derc (performance standards metering and billing) regulations 2002 further defines energy charges to mean the charges for energy actually consumed by the consumer in any billing cycle. to use the terms coined above the ..... with this license or with any rules made under this act, to regulate his relations with persons who are or intend to become consumers, and may, with the like sanction given after the like consultation, add to or alter or amend any such conditions; and any conditions made by a licensee without such sanction shall be .....
Tag this Judgment!Court : Delhi
Decided on : Mar-02-2005
Reported in : 118(2005)DLT694; 2005(81)DRJ591
..... process of reasoning. where two inferences are reasonably possible and the subordinate court has chosen to take one view, the error cannot be called gross or patent.-----------------------------------(8) the high court in exercise of certiorari or supervisory jurisdiction will not convert itself into a court of appeal and indulge in depreciation or evaluation of ..... on clear ignorance or utter disregard of the provisions of law, and (ii) a grave injustice or gross failure of justice has occasioned thereby.(6) a patent error is an error which is self-evident i.e. which can be perceived or demonstrated without involving into any lengthy or complicated argument or a long- ..... time being in force but subject to any rules that may be made under this act, the managing officer or managing corporation may cancel any allotment or amend the terms of any allotment under which any evacuee property acquired under this act is held or occupied by a person, whether such allotment was granted before or after .....
Tag this Judgment!Court : Delhi
Decided on : May-31-2005
Reported in : 122(2005)DLT151; 2005(83)DRJ219
..... ; the administrative instructions relied upon by the financial commissioner to hold such sales illegal, cannot be enforced; they were contrary to express provisions. the amendment creating a bar on registration of sales outside the city came into force subsequently.(f) the impugned order, besides not following the procedure established by law ..... orders by the financial commissioner. they were, however, not arrayed as respondents; no relief was claimed against them. after the order dated 25.5.2002, some of those approached the financial commissioner. no separate notices were issued to them or the others belonging to their class, i.e. approximately 400 ..... to move the revision petition, well after conclusion of consolidation proceedings. the revision petitions never disclosed how they had a grievance; the financial commissioner acted in violation of law in not noticing this aspect.12. it has also been averred that the contesting respondents themselves are beneficiaries under the consolidation .....
Tag this Judgment!Court : Delhi
Decided on : Sep-09-2005
Reported in : 124(2005)DLT248; [2006(108)FLR865]; (2006)IILLJ335Del; 2006(3)SLJ344(Delhi)
..... we while interpreting section 25b(1) reduce this period to 240 days?27. sections 25b(1) of the act being beneficial and welfare provision has to be liberally and broadly interpreted, yet at the same time we cannot amend and modify a statutory provision by incorporating and adding words. our role is to interpret the law as it ..... and judgment of the learned single judge:1.the appellant, a workman, has filed the present appeal against the order of the learned single judge dated 29.5.2002 dismissing the writ petition filed by him, inter alia, holding that the appellant is not entitled to benefit and protection under section 25f read with section 25b of ..... of section 25b(1) or (2) are satisfied is upon the workman. (refer : range forest officer v. s.t.hadimani reported in : (2002)illj1053sc & essen deinki v. rajiv kumar reported in : (2002)iiillj1111sc .38.we have examined the claim statement filed by the appellant before the labour court. in the said claim statement, it is not mentioned and .....
Tag this Judgment!Court : Delhi
Decided on : Nov-30-2005
Reported in : 126(2006)DLT582
..... . this liability of the transferee is in no way qualified, curtailed or abridged by any provision in section 126. section 126 deals with amendment of assessment list and the procedural aspects concerning amendment. section 126 no doubt provides that no person shall become liable to pay any tax or increase of tax in respect of any period ..... had to be considered. assessment orders were to be passed and under section 66 the list had to be finally settled. further amendments were governed by section 67. the section required that if further amendment to the assessment list was to be made, the owner had to be notified and given an opportunity to file objections.17. section ..... 68 of the punjab municipal act 1911 give an option to the committee to either prepare new assessment lists every year or adopt the .....
Tag this Judgment!Court : Delhi
Decided on : Mar-07-2005
Reported in : 118(2005)DLT418; 2005(81)DRJ238
..... guidelines framed there under and had prayed for equitable reliefs, so as to ameliorate the hardships and difficulties encountered by them in the wake of proposed amended guidelines laying the eligibility and examination system for grant of licenses. as noted earlier, the respondents in the revised proposed guidelines filed, have attempted to remove ..... grievances and giving necessary directions, where required, to the respondents to consider and take appropriate decisions.29. as per the estimates of figures worked out in 2002, there were 700 regional level licensed tourist guides. as a result of the petitions filed in this court, it is estimated that more than 1000 ..... permission. the rule in question not only regulates the actual entry in the precincts of the monuments but also controls the user of the monument. the act and the rules in question raise the citizens' sense of responsibility in protecting and maintaining these monuments of national importance in their original form. this .....
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 : Mar-03-2005
Reported in : 127(2006)DLT801
..... at a stage prior to issuance of notification under section 4, in all events and to bind the state by the same, leaving any leverage for the planned development or amended planned development of delhi. in this regard reference can be made to the judgment of the supreme court in the case of bhagat singh (supra), where the court held as ..... mind before issuance of such a notification. in this regard, we may also refer to the judgment of the even date in the case of w.p.(c) no. 7446/2002 decided on february 03, 2005.28. in the case of chameli singh and ors. vs. state of u.p. and anr. : air1996sc1051 the supreme court stated that in any ..... stand taken on behalf of the land and building department is that the petitioner society had no right to construct the colonies in contravention of the delhi land reforms act, delhi development act and master plan of delhi. it was stated that the said persons do not reside there, nor carry any agricultural activity. the society is stated to be developing .....
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