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 : 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 : 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 : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Oct-25-2005
Reported in : (2006)5SOT132(Delhi)
..... by deleting section 17(2)(iiia) and providing an explanation below section 17(2)(iii). sub-section (2b) in section 49 inserted by the finance act, 1999, has also been deleted. under the amended provisions, such shares will only be subjected to capital gains tax at the time of sale by the employee. the difference between the consideration and the ..... that the omission of section 17(2)(iiia) will be applicable only in respect of options exercised or allotments made after 31-3-2000. in other words, the amendment made in section 17 does not go in favour of the assessee but the intention of the legislature as explained by the cbdt is to the contrary. the intention ..... new delhi, he had called for the comments of the assessing officer on the written submissions filed by the assessee. the assessing officer vide his comments dated 26-11-2002 reported to the commissioner (appeals) that as per the facts on record, the hypo-tax, housing norm and auto norm have actually been reduced from the salary of .....
Tag this Judgment!Court : Delhi
Decided on : Oct-18-2005
Reported in : 124(2005)DLT550; 2005(85)DRJ674
..... case. note 3 empowers the dda to insist upon additional underground parking provisions apart from the basement area.43. the delhi cinematograph rules 2002, framed under the cinematograph act, deals with various aspects relating to licensing of premises for cinemas, and lays down standards in that regard. it also prescribes certain parking ..... in the respective floors and the areas sanctioned as per proposal. the total existing-cum-proposed areas as per the sanction plan dated 6.11.2002 are as follows :--------------------------------------------------------s.no. floor existing and proposed area-------------------------------------------------------1. ground floor 16132.287 sq.ft.2. first floor 13801.10 sq.ft ..... the force of law, and has to be obeyed on the pain of offences prescribed by the delhi development act. the prescription of additional ecs of 1.14 for commercial space under the 2002 rules does not in any manner detract from this interpretation, because note 1 to the table (to clause .....
Tag this Judgment!Court : Delhi
Decided on : Oct-07-2005
Reported in : 124(2005)DLT466
..... only for redesigning rehris and platforms; in reality, manushi constructed permanent structures. mcd appears to have realized this and its agreement with manushi was subsequently amended. these clearly point at the fact that the mcd is aware of ground realities and is nevertheless proceeding without any concern about opposition from several government ..... 31. as far as merits of the project are concerned, counsel submits that a task force for street vendors by the ministry of urban development in 2002. it formulated a policy, which was ultimately approved by the central government in january, 2004. the manushi developed the pilot project for street vendors ..... to trade without appropriate control would lead to undesirable results. particular reliance was placed on the observations of the supreme court that provisions of municipal acts should be construed in a beneficial manner and that if there was some ambiguity, to enable municipalities to liberally exercise their authority both for granting .....
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 : Sep-26-2005
Reported in : 124(2005)DLT97; 2005(84)DRJ393
..... can affect any person - even a private individual - and be available for any (other) purpose - even one for which another remedy may exist. the amendment to article 226 in 1963 inserting article 226(1-a) reiterates the targets of the writ power as inclusive of any person by the expressive reference to ..... be summarily rejected. respondent no.2 fulfils a pubic function and owes its very existence to this purpose. it receives public funding, through the government acting at least as its monitor. bodies which may themselves not be 'article 12 authorities' who are totally dependent on public/governmental funding object to the ..... flexibility and greater accountability the procurement and management of resources needed to implement the rntcp was entrusted to specially created independent societies registered under the societies registration act. the dtus was, according to the counter affidavit, constituted in these circumstances in 1997. having made this impressive narration it has been stated, for .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
Decided on : Sep-23-2005
Reported in : (2006)(91)SLJ238CAT
..... is both regulatory and registration fee leviable under sections 11(2)(k) and 12(2) of the act.in zile singh v. state of haryana and ors. (supra) where disqualification corrected under section 13(a) of the haryana municipal amended act, 1994, an explanatory memorandum issued had come under scrutiny. the following observations have been made: 13. ..... by claiming negative equality.64. another ground raised is that the respondents have taken undue haste after promulgation of the amended rules in march, 2003 to hold the dpc and promote the incumbents, which act of the respondents shows a favoritism to a class depriving the vested rights of the applicants.undue haste is not by ..... itself illegal unless shown to be mala fide.after promulgation of the amended rules in 2005, the promotions are being withheld and qualified persons .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Sep-16-2005
Reported in : (2005)98TTJ(Delhi)644
..... search could not be said to be an evidence 'found' as a result of search though the same may be an evidence 'obtained' during search." after considering the amendment introduced in the provisions of section 158bb(1) w.e.f. 1st july, 1995, it was held that no addition on the basis of statement recorded during search could ..... disclosure statements. it was held that no addition can be made on the basis of such confession.6.31. in the case of chitra devi v. asstt. cit (2002) 77 ttj (jd) 640, the jodhpur bench of the tribunal has also considered the same issue.in that case the addition was made on the basis of the ..... under which search takes place and the psychological pressure on the parties searched at that time, the following observations have been made : "a search operation, particularly under the it act is a lawful invasion on the privacy, life and property of a citizen which may affect him/her mentally also, causing several other inconveniences, hardships, embarrassment and harassment. .....
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