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 : Mar-21-2005
Reported in : 2005CriLJ3861; 121(2005)DLT595
..... dismissed.(3) the plaint shall set forth that a notice as aforesaid has been served on the defendant and the date of such service and shall state what tender of amends, if any, has been made by the defendant and a copy of the said notice shall be annexed to the plaint endorsed or accompanied with a declaration by the ..... found that the order of court of sessions requiring the magistrate to arrest and commit the appellant along with accused proposed to be committed to stand trial before him was patently illegal and beyond jurisdiction. eventually, the supreme court directed the magistrate to perform its function under section 209 of the code but left it open to the court of ..... . if it is so, the prosecution has to be instituted within three months from the date on which the act was committed. admittedly, the fir itself was recorded very late and by the time the impugned order was passed on 8.8.2002, 19 months had elapsed from the date of the offence. in prof. sumerhand v. union of india and .....
Tag this Judgment!Court : Delhi
Decided on : Mar-24-2005
Reported in : 2005(81)DRJ473
..... the matter. firstly on 13.3.1970 and for a second time on 31.7.1971, while intimating conditional sanction of the plans submitted, the committee had required amendments to the plans. representative of the petitioners had visited the office of the chief architect and some issues were sorted out. probably on the plans some changes were reflected ..... not exist as of today since mpd-2001 was brought in force in august 1990.55. petitioners relied upon decision of a learned single judge of this court : 101(2002)dlt125 , holistic farms p. ltd. v. mcd. said decision pertains to an issue where master plan norms were changed on 23.7.1998 permitting increased covered area and ..... on the basis that the aforesaid construction is un-authorised under the act and bye-laws made there under.'39. for record, i do not find any order, much less an application seeking leave to amend the petition by changing the prayers. be that as it may, amended petition has come on record without any opposition or objection.40. on .....
Tag this Judgment!Court : Delhi
Decided on : Apr-05-2005
Reported in : 2005(1)ARBLR590(Delhi)
..... arguments, ms. anusuya salwan, learned counsel for dda briefly touching upon the said findings in the award stated that the findings recorded by the learned arbitrator were patently erroneous for the reason, during payment of running bills, claimant had been urging the basis for finalization of the interim bills, which basis constituted the foundation of ..... subhead vii of claim no. 5 is legal and valid.60. learned counsel for dda relied upon a division bench judgment of court reported as : 97(2002)dlt976 dda v. prem singh. the said decision was dealing with a clause being clause 14a which provided that the decision of the chief project engineer regarding ..... interpretation of the contract and the arbitrator as such will consider them. his appointment as arbitrator arises from the clause existing in the contract and naturally he acts within the limits of the contract.59. award does not reflect with clarity whether the 4 items were substituted works or were regarding substandard work. however, .....
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 : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Apr-20-2005
Reported in : (2005)94TTJ(Delhi)1036
..... in law. cancellation of the assessment is called for only if there is something totally or basically wrong in the assessment and is not capable of being remedied by amendment to the assessment order itself. it will be appreciated that out of six issues outlined in the show-cause notice, the learned cit found the assessment order erroneous only ..... without proper examination. in this connection, you may refer to the judgment of the hon'ble delhi high court in the case of cit v. motor general finance ltd. (2002) 254 itr 449 (del), wherein the court held as follows : "from the conspectus of the decisions as noticed hereinbefore, there cannot be any doubt whatsoever that the nexus ..... the courts in the following cases that revision under section 263 of the act is not warranted even where only a facet of a claim has been examined by the cit(a) :p. das & co. v. dy. cit 8. sahara india mutual benefit co. ltd. v. asstt. cit (2002) 74 ttj (all) 67ito v. ahmedabad engg. & services co-op. society .....
Tag this Judgment!Court : Delhi
Decided on : Apr-21-2005
Reported in : 119(2005)DLT682; 2005(83)DRJ160
..... cases where awards had not been made by the reference court till 30.4.1982. in the instant cases the impugned awards were made after the amended act had come into force, thereforee, the amended provisions of section 25 would apply and for that reason that is no force in the submission made by learned counsel for the appellant'.6. it ..... , does not lay down the correct law'.7. so far as the decision in case of the land acquisition officer cum- dsw0 v. b.v. reddy reported in : [2002]1scr1041 is concerned, according to learned counsel for the appellant the same would not be applicable in the instant case as in that case award made by the land acquisition ..... provisions, namely, section 23 and section 28 of the act. according to learned counsel, in view of the decision of this court in case of union of india v. rajiv gupta and ors. : 96(2002)dlt225 , the appellants are entitled to market rate. it is in view of this decision, learned counsel submitted that the court has considered various decisions .....
Tag this Judgment!Court : Delhi
Decided on : May-05-2005
Reported in : 120(2005)DLT525; 2005(82)DRJ664
..... 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 ..... 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. state of maharashtra and ors. : (1996)6scc405 , their lordships of the supreme ..... 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 .....
Tag this Judgment!Court : Delhi
Decided on : May-12-2005
Reported in : (2005)196CTR(Del)435; 122(2005)DLT370; 2005(83)DRJ102; [2005]278ITR401(Delhi)
..... a right of being heard in regard to the material gathered on the basis of the audit conducted by the special auditors. the law was amended and by taxation laws (amendment) act, 1974 post hearing was specifically provided to the assessed w.e.f. 1.4.1996. the law has specifically contemplated an effective post- ..... procedural order in finalisation of the assessment proceedings. in support of his contentions, he relied upon the cases of living media ltd. v. commissioner of income-tax : [2002]255itr268(sc) , super cassettes industries ltd. v. assistant commissioner of income-tax 1999) 102 taxman 202 (delhi).16. as a proposition of law, it cannot ..... accepted accounting package named as 'baan'. return declaring `nil' income accompanied by statutory audit report and test audit report was filed on 28th october, 2002 for the assessing year 2002-03 for which assessment proceedings were taken on or about 28th october, 2003, which are still pending. during the course of hearing of assessment proceedings .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : May-13-2005
Reported in : (2006)103ITD157(Delhi)
..... accounting for warranty from cash to mercantile system. according to assessee, this change in method of accounting became necessary in view of the amendments to provision of section 209(3) of the companies act, 1956, whereby the assessee was required to follow the accrual system of accounting. the assessee also made a reference to the opinion ..... that payments made for the right to have access to the technical knowledge and the fruits of continuing research and experience of a foreign company and to use its patents and trademarks were on revenue account. in alembic chemical works co. ltd. v. cit (supra), the supreme court again held that a lump sum consideration ..... i) cit v. sudarshan chemicals industries ltd. (2000) 245 itr 769 (bom) (iii) ifb agro industries ltd. v. dy. cit (2003) 78 ttj (cal)(sb) 177 : (2002) 261 itr 17 (cal)(sb)(at) 36. the learned departmental representative relied on the orders of the revenue authorities. we have considered the rival submissions. as far as the interest .....
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