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 ..... 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 .....
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 : 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 : Sep-22-2005
Reported in : AIR2006Delhi53; 124(2005)DLT124; 2005(84)DRJ516; (2005)141PLR62
..... or not. it 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. v. smt. ..... exercising 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. in board of trustees of ..... jurisdiction and the 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 its inherent power .....
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 : 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 : 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 : 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 : 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!Court : Delhi
Decided on : Feb-28-2005
Reported in : AIR2005Delhi298; 2005(1)CTLJ377(Del); 118(2005)DLT623; 2005(80)DRJ458
..... credit for performing the surat contract, and that lg ought not to be given that credit, issuance of the certificate dated 19th march, 2004, and later the amended one dated 13th may, 2004, (to incorporate the scope of additional works awarded by nhai) are matters of record. nhai, however, contends that these experience certificates ..... petitioners enclosed the experience certificate issued on 19.3.2004 along with the technical bid.7. the experience certificate earlier issued on 19.3.2004 was subsequently amended by nhai, on 13.5.2004 to include additional work - resulting in value of the works thereforee, being shown as rs.2550 millions. the relevant ..... performed the entire obligations under the surat contract, the responsibility of the execution of which had been shouldered by them exclusively since 2002. it is submitted that the respondents were bound to act on the basis of that certificate and the nhai could not go back from its representations made and certificates issued. mr. desai .....
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