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 : Central Administrative Tribunal CAT Delhi
Decided on : Oct-28-2005
Reported in : (2006)(1)JCR116
..... which has to be achieved and there is no differentia having reasonable nexus with the action of the respondents treating both the classes differently is patently illegal. negative equality would not come in the picture as appointments of others were also on direct recruitment basis and the ratio laid down by ..... maximum deputation extendable up to 5 years without any claim for permanent absorption or regular 'appointment as principal. in fact, respondents' letter dated 9.10.2002 shows that due to deputation of principal outsides kvs there had been a shortage of required number of principals to man the vacant posts. accordingly, ..... of justice. the administrative tribunals as established under article 323-a and the administrative tribunals act, 1985 are an alternative institutional mechanism or authority, designed to be not less effective than the high court, consistently with the amended constitutional scheme but at the same time not to negate judicial review jurisdiction of constitutional .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
Decided on : Oct-31-2005
Reported in : (2006)(3)SLJ196CAT
..... contention that if a small segment of officers belong belonging to group a is allowed prospective date of absorption which is different from 1.10.2000, it will be patently and perse illegal and arbitrary. this will not satisfy the test on reasonableness and the law on the said subject laid down by the hon'ble supreme court. ..... rights without the support of a valid law. the tenure cannot be taken away by rule or an act which is inconsistent with article 311(1) and (2) of the constitution, both before and after the amendment of that article. after amendment of article 311(1) a permanent government servant holds office during good behaviour and the doctrine of ..... respondents have grossly failed to evolve a comprehensive package for setting up bsnl. he further maintained that in the law laid down by the hon'ble supreme court in 2002(2) scc 333 balco employees' union (regd.) v. union of india and ors., judicial review is not completely ousted and reasonableness of the executive action can always .....
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 : 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 : Nov-18-2005
Reported in : I(2006)BC288; 125(2005)DLT337; 2005(85)DRJ701
..... secured by a first charge on the assets/properties specified under the hypothecation agreements dated 24th may and 24th july, 2000 respectively as amended by the amendment agreements dated 15th january and 10th april, 2002. as per the repayment schedule prescribed under the loan agreement i, the payments were to be made between june to september, ..... deposited by stracon in other proceedings being omp nos. 375/2003 and 438/2004. those proceedings were applications under section 9 of the arbitration and conciliation act, 1996 filed by stracon and twi against prasar bharti and interim orders were passed in those cases directing stracon and twi to deposit certain amounts. stracon ..... chandranarayan (1973) 43 comp.cas. 245.68. it is also pleaded that such a transaction would not come within the mischief of section 531 of the act; it is not a fraudulent preference; essential ingredients of fraudulent preference under section 531 are missing; canara bank and others have not been able to discharge the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Nov-18-2005
Reported in : (2006)104TTJ(Delhi)690
..... that compensation was also paid for certain., changes made in jva on account of replacement of gillette by newell rubbermaid and in this connection, reference was made to amended clause 2.2 and new products were introduced alter newell joined in joint venture. we are unable to find any substance in this contention.in the notice dated ..... it be held that amount received by assessee's was merely a capital receipt and, not assessable to tax as business income under section 28(1) of the act.11. we have heard the rival contentions, carefully considered the submissions made by both the parties and perused the material on record. we first deal with the preliminary ..... of carrying business or profession and, since receipt arose from the material breach of joint venture agreement, it was exigible to tax. under section 28(i) of the act. it was. further held that members of jain group through the instrument of joint venture agreement, not only contributed to the formation, promotion and financing of joint .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Nov-18-2005
Reported in : (2005)(190)ELT301TriDel
..... ltd. v. collector of central excise, ahmedabad , was cited to point out that it was held in paragraph 10 of the judgment that when rules were amended, a fiction was created that any article produced or manufactured, if captively consumed was statutorily presumed to satisfy the test of marketability and this presumption could be rebutted ..... amount to manufacture. it was submitted that the decisions taking a contrary view in structurals and machineries bokara pvt. ltd. v. cce, patnaarti steels v. cce reported in 2002 (144) elt 360 and richardson & cruddas (1972) ltd v. cce reported in 1988 (38) elt 176 (3 judges) were no longer binding because the supreme court ..... ground before erecting the structures at the site. it was submitted that having regard to the definition of "factory" in section 2(e) of the central excise act, "factory" means any premises including the precincts thereof, wherein or in any part of which, the excisable goods are manufacture or any manufacturing process connected with .....
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 : Nov-24-2005
Reported in : AIR2006Delhi169; 2006(1)ARBLR16(Delhi); 2006(1)CTLJ239(Del)
..... 101999.dear sir,this has reference to the bank guarantee no. 99/202 dated 21 october, 1999 extended vide letter dated 16th dec. 1999, and its subsequent amendment dated 14 jan, 2003, issued by your frankfurt branch on behalf of joint venture of m/s impregilo s.p.a. 120099.sesio san giovanni (milano)-italy ..... bank guarantees were to be returned to the applicants on 07.07.2003, i.e., after one year of the maintenance period which commenced on 8th july, 2002. however, the respondent without giving any notice, arbitrarily and illegally purported to invoke all the said bank guarantees furnished by the applicants on 07.07.2003, i ..... v. state of bihar and ors. : air1999sc3710 and hindustan steelworks construction ltd. v. tarapore & co. and anr. : air1996sc2268 has emphasized that the respondent has acted contrary to the terms of the contract and the prescribed performance period having not expired, they have no jurisdiction to encash the bank guarantees and they are causing irretrievable injustice .....
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