Court : Delhi
Decided on : Mar-04-2005
Reported in : 120(2005)DLT656
..... plr 381 in the context of exercise of power under section 67(1) of the punjab municipal act, 1911, which is in pari material with section 126(1) of the act, vis--vis the amendment of assessment list. the court held that: it follows that the municipal committee should inform the ..... be said to be in accordance with law, since it contained vague reasons. the notice indicated, against the heading reasons in brief for amendment in the assessment list the following grounds:erroneously valued increase in rent. alteration/ renovation 7. the notice proposed to increase the existing rateable ..... s. ravindra bhat, j.1. in this letters patent appeal, the judgment and order of a learned single judge, allowing the writ petition of mcd ( wp 6935 ..... section 444 of the act, when it would be delivered in the ordinary course of post, unless a contrary date is proved.3. the judgment under appeal dated 27.2.04, has relied upon the decision in municipal corporation of delhi v. r.k. khandelwal, : 101(2002)dlt169 . that .....
Tag this Judgment!Court : Delhi
Decided on : Mar-03-2005
Reported in : (2005)195CTR(Del)66; 118(2005)DLT720; [2005]276ITR1(Delhi)
..... defect in the signature of the appellant in the memorandum of appeal was not an illegality or fatal but only an irregularity which could be rectified by amendment, the amendment taking effect from the date when the document had originally been filed. the memorandum as originally filed were not nullities and the tribunal had power to accept ..... notice here that in that very judgment of cit v. euracia publishing house (p) ltd., the court even clearly stated the principle that the mistake which is patent and obvious can be corrected and doctrine of merger does not apply where appeal is dismissed on ground of default, limitation or such defect. as such the respondents ..... while the memorandum of appeal not being signed by the prescribed person under rules would be an irregularity . irregularity is an expression of lesser effect as an act which is improper or inefficient by reason, or departure from the prescribed. it primarily connotes the neglect of order or method and may not be according to .....
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-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-11-2005
Reported in : 117(2005)DLT639; 2005(80)DRJ739
..... that he had no concern with the loan.16. as held by this court in the decision : air1985delhi464 mohd.shamim farooqi and anr. v. delhi wakf board, amendment can be allowed notwithstanding that it withdraws an admission made by a party. as clarified by their lordships of the supreme court, in the decision : air2000sc614 b.k. ..... , mode of calculation of interest, rate of interest etc. etc. in any case, it is submitted that plaintiff's figures disclosed after allegedly computing interest are patently wrong and denied. plaintiff is not entitled to charge interest @ 16.5% per annum compounded on monthly basis. same is illegal and/or otherwise is forbidden by ..... pay suit amount either towards principal or interest. plaint does not disclose the correct factual status for the principal amount and/or towards interest accrued thereupon. plaintiff cannot act both way. once the plaintiff has chosen to file a suit under order 34 cpc, it is bound to disclose the amount of interest, accrued/fallen due .....
Tag this Judgment!Court : Delhi
Decided on : Feb-03-2005
Reported in : 117(2005)DLT527; 2005(82)DRJ346
..... bench of that court in the case of radhey shyam v. state of haryana, 1997 (6) slr 1. 22. section 2(a) was inserted in this act by amending act of 35 of 1965 which was effective from 1.12.1965 with a clear legislative mandate to enable an individual workman to raise an industrial dispute in relation to ..... employer and the employees in the regions is likely to be adverse disturbing industrial harmony understood in its larger sense. (5)while the appropriate government can examine the patent frivolousness of the demands, it shall not itself adjudicate on the demands made by the workman, which should be left to the labour court/tribunal concerned. the government ..... was ex facie bad and incompetent.'16. this view was followed with approval by the supreme court in the case of assistant executive engineer karnataka v. shivalinga, : (2002)illj457sc where the court after considering the judgments of ajaib singh (supra) and sapan kumar pandit v. u.p. state electricity board, 2001 scc 946 stated that the .....
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 : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Nov-30-2005
Reported in : (2006)98ITD285(Delhi)
..... practice" ignores the prevalent malpractice that was noticed by the direct taxes enquiry committee and the recommendations made by the said committee which led to the amendment of the act by the finance act of 1972, whereby the exemption from tax that was available in respect of winnings from lotteries, crossword puzzles, races, etc., was withdrawn. similarly, ..... to the file of assessing officer for adjudication afresh.? i have received the following proposed question under section 255(4) of the i.t. act. 1961 in ita no. 206/del. /2002. whether on the facts and findings, issue being identical and covered by various tribunal orders arising from the same search and in the hight ..... should en mass sign these blank documents and deposit them with the chartered accountant? the learned dr referred to the letter of the assessee dated 28.5.2002 addressed to the assessing officer and placed at pages 6 to 12 of the assessee's paper book. according to the assessee, the papers found were advance .....
Tag this Judgment!Court : Delhi
Decided on : Nov-25-2005
Reported in : [2008]144CompCas780(Delhi); (2006)2CompLJ242(Del); [2007]79SCL541(Delhi)
..... practices being adopted by such nbfcs while accepting deposits from the public, as can be gleaned from the statement of objects and reasons appended to the amendment act, which reads as under:-'act 23 of 1997:- the activities of the non-banking institutions and unincorporated bodies receiving deposits are regulated in terms of the provisions of chapters iii-b ..... support of the workers union was intended to acquire the land of the company for its exploitation. the court also found that the scheme was not genuine but patently fraudulent as it had been evolved as a cloak to cover the misdeeds of the directors to avoid misfeasance proceedings against them.25. thereforee, i am forced to ..... the scheme. for example no particulars of any bank accounts or bank balance are given, cash shown now is nil whereas in a statement made in the year 2002 it was stated by the petitioner that cash of over rs. 1 crore was available; there are no proper complete details of the creditors/depositors; there are no .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Nov-25-2005
Reported in : (2006)102TTJ(Delhi)936
..... a recourse is taken to the provisions contained under the companies act, 1956. section 58a and section 227 of the companies act, 1956 in itself clearly place distinction between the two expressions.the explanation added to section 370 of the companies act, 1956 by the companies (amendment) act, 1988 for including deposits for the purpose of loan was for ..... a limited purpose of inter-corporate transaction and a similar amendment has not been made in the act under which the issue is being considered. the revenue's plea ..... that order. likewise the decision rendered by the mumbai bench of the tribunal in the case of life insurance corporation of india v. jt. cit (2002) 74 ttj (mumbai) 624 : (2002) 82 itd 749 (mumbai) will also be of no help to the issue under consideration as that was the decision rendered in the case of .....
Tag this Judgment!