Court : Delhi
Decided on : May-24-2005
Reported in : 2005(2)ARBLR172(Delhi); 121(2005)DLT36; 2005(83)DRJ46
..... accordingly, the tribunal rules that claimant's claim is admissible, there being no limitation bar. the first counterclaim is not admissible, both in its original form and as amended. the second, third, fourth, fifth, sixth, eighth and ninth counterclaims which have been the subject of a prior binding settlement are not admissible and the seventh counterclaim ..... to ensure the performance of sag's obligations under the contract. further, the said minutes cannot be construed in law and in fact as a waiver/abandonment / amendment of ntpc's contractual rights including its right to proceed against sag for breach of contract, in terms of the relevant provisions of a binding contract between the ..... 'partial final award' and on a true construction and scope of the provisions of section 16 and section 37 of the act, is clearly of the view that the impugned dispensation dated 31.7.2002 rendered by the arbitral tribunal cannot by any stretch be said to be an order passed by the tribunal either under the .....
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 : 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 : May-26-2005
Reported in : 2005(2)ARBLR234(Delhi); 121(2005)DLT129; 2005(83)DRJ563
..... upon by the hon'ble supreme court in surya dev rai v. ram chander rai and ors. : air2003sc3044 . the amendment carried out to section 115 of the cpc with effect from 1.7.2002 severely curtailed the revisory powers of the high courts. the apex court held that the powers under articles 226 and 227 of ..... for passing additional arbitral award is specifically declined because steps in this direction ought to have been taken within the time prescribed under the arbitration and conciliation act, 1996. moreover, such orders cannot possibly be passed where the petitioner himself contends that the initial award passed was void ab initio since it was passed ..... committee. they were already aware that efforts by these persons to resolve their disputes were underway. thereforee, there was no necessity for the appeal committee to act contrary to the wishes of the parties at whose instance the matter had been forwarded to them for adjudication. whenever a person performs quasi-judicial functions care .....
Tag this Judgment!Court : Delhi
Decided on : May-31-2005
Reported in : 122(2005)DLT612
..... , and the incidence of the reduction, and the application or disposition of any capital moneys which the proposed reduction may set free.'27. nothing the amendment made in the companies act, 1877, he also declared that while sanctioning such a reduction, the court must look at the arrangement as a whole and have regard to all the ..... harpic has over 75%, robin over 35% and detol soap and liquid over 48% market share as per the management discussion and analysis report in the annual report 2002. it is, thereforee, pointed out that intangible assets of the company in the form of goodwill and intellectual rights in the aforesaid brands are worth mind-boggling amount ..... order to prove these mala fide intentions, the objector has also given the events which led to the present move. it is stated that prior to the year 2002 the promoters held 51% equity shares as at the relevant time prior foreign direct investment regulation allowed foreign investors to hold 51% equity shares. after this restriction .....
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 : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Jun-07-2005
Reported in : (2006)281ITR107(Delhi)
..... bench, the validity of the date of the last panchanama itself depends on the date of assessment order; this reasoning is patently erroneous.21. mr. shiva swamy submitted that neither the term "panchanama" is defined anywhere in the it act or in the it rules or even in the criminal procedure code (crpc) nor any form of panchanama is prescribed under the it ..... very existence of such satisfaction/belief is justiciable. he also placed reliance on the decision of jodhpur bench of tribunal in the case of chitra devi v.asstt. cit (2002) 77 ttj (jd) 640 wherein it was held that the tribunal has the jurisdiction as also the duty to examine the validity of authorization for search when the same ..... 132. it was further noticed that a contrary view, however, has been taken by the delhi bench of tribunal in the case of varinder bhatia and ors. v. dy cit (2002) 74 ttj (del) 60 : (2001) 79 itd 340 (del) wherein it was held that the powers of the ao and the tribunal while disposing of the block assessment .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Jun-22-2005
Reported in : (2005)96TTJ(Delhi)1
..... of interest used the expression "may" thereby giving a discretion to the authorities concerned to either reduce or waive the interest. the change brought about by the amending act (finance act, 1987) is a clear indication of the fact that the intention of the legislature was to make the collection of statutory interest mandatory." (underlining ours) the ..... do not cover the payment with which we are concerned in the present appeal. clause (i) refers to transfer of rights or granting license in respect of a patent, invention, model, design, secret formula or process or trade mark or similar property. but-software supplied did not fall under any of these items. clause (ii) ..... because the software supplied by the assessee was not supplied for the purpose of imparting any such information. clause (iva) was introduced only w.e.f 1.4.2002 and hence not relevant for the year under appeal. clause (vi) refers to rendering of services in connection with the activities referred to in sub-clauses (i) .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Jun-29-2005
Reported in : (2005)4SOT146(Delhi)
..... year 1996-97. as far as assessment years 1991-92 to 1995-96 were concerned, the position remained unaffected even after amendment.the learned counsel argued that the assessing officer completely erred in initiating proceedings under section 147 more so after the expiry of ..... on the basis of past rent by way of 'other income'. therefore, non-disclosure of material facts necessary for assessment was patent on the face of the records. the assessee declared the income as business income in the garb of other income. there was ..... by the assessee subsequent to the financial years under assessment and levy of interest under sections 234b and 234c of the act.2. facts of the case leading to these appeals briefly are that for the assessment years before us the following ..... society v.cit (1979) 119 itr 996 (sc), cit v. kelvinator of india ltd. (2002) 256 itr 1 (del)(fb) and united electrical co. (p) ltd. v. cit (2002) 258 itr 317 (del) in that respect. he mentioned in particular the judgment of hon'ble .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Jun-30-2005
Reported in : (2005)98TTJ(Delhi)971
..... issue already adjudicated by the tribunal i.e. validity of the notice issued under section 148 of the income-tax act and consequently the validity of the assessment order, part "b" relates to remedy for issuing additional directions by amending the order of the tribunal. we will take up these two parts separately in the following manner: part "a" ..... this regard has been clarified by the hon'ble delhi high court in the cases of ms. deeksha suri and ors. v. itat and ors. ; karan & co. v. itat (2002) 253 itr 131 (del.); and cit v. vichtra construction (p) ltd.cit v. vichtra construction (p) ltd. (supra), the hon'ble high court has held as under: " ..... 11) without recalling or reviewing the order, on issues already adjudicated by the tribunal, the omission or error on the part of itat can be corrected or rectified by amending and adding something to it without subtracting anything from the main order. (12) there is legal obligation on the part of itat to rectify errors committed by the authorities .....
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