Court : Delhi
Reported in : 1974RLR479
..... be apparently superior to it. the promulgation of the rule of law is to be maintained, by doing justice. these judicial concepts are the basis of the preservation of suo motu juriadiction in various remedial provisions like section 439 of the code where remedies are provided allowing a wide discretion to the court to exercise reviewary, ..... sub-divisional magisrate empowered by the state government in that behalf may call for and examine the record of any proceedings before any inferior criminal court and then act in accordance with the rest of the provision. on examining any record under section 435 of the code, the sessions judge or the district magistrate may ..... the period permitted by law and since no certified copy of any order had been filed within the period prescribed by article 131 of the limitation act, 1963, hereafter called 'the act' the petition apart from being barred by limitation suffers from the infirmity that there is no competent petition before the court. reliance in this .....
Tag this Judgment!Court : Delhi
Reported in : AIR1997Delhi267b; ILR1997Delhi22
..... the directive principles of the state policy has laid down the path for the country to follow in order to achieve its goals. measures to preserve the elephant brought into effect by act no. 44 of 1991 which being in consonance with moral claims embodied in part iv of the constitution cannot be allowed to yield to article ..... a person or society or people or section of people, it is now scientifically established that animals, trees, flora, fauna, insects, birds and human beings are linked with each other for their survival. each specie is indispensable for the preservation of ecology, which is necessary for our existence. even a lowly earth worm in the soil has ..... states have not succeeded in tacking the problem. it is common knowledge that the officials of the forest and wild life departments of thestate are not able to protect trees and wild life because of strong criminal syndicates of poachers. the same is true for other countries. douglas h. ohadwick, in his fascinating book. the fate of .....
Tag this Judgment!Court : Delhi
Reported in : 1992CriLJ128; 1991(21)DRJ285; 1991RLR513
..... in the face of gripping fear. and even when the use of force becomes inevitable, the police must use only the minimum force that is essential to preserve law and order. whether they act in exercise of the right of private defense of body or property, or in exercise of their powers to disperse aft unlawful assembly or an assembly of ..... of the boys started throwing stones in the direction of the policemen and started shouting slogans. it is further stated in this affidavit that two policemen hid behind a tree and after sometime one of them came out from behind the shelter and he pulled out his revolver ad aimed directly in the direction of the boys who had assembled ..... which was sustained by aditya narain is as follows: 'infact all the public witnesses have claimed that si d.p.singh made advances towards the crowd from behind the tree. again it seems that si d.p.singh kept on imploring the crowd not to take law into their hands but seeing no other recourse to disperse the unlawful assembly .....
Tag this Judgment!Court : Delhi
Reported in : 1995IAD(Delhi)1238; AIR1995Delhi323; II(1995)BC42; [1998]92CompCas849(Delhi)
..... lakhs, the tribunal, who is equivalent to the rank of the district judge, will hear suits of the value of over rs. 10 lakhs and the act nevertheless preserving the powers of the high court under arts. 226 and 227 of the constitution. it is further pointed out that the procedure prescribed under s. 19 of the ..... act defeats the vested rights of defense which are available to the defendant in a regular civil suit and further that no reasonable nexus exists in ..... an ordinance called 'the recovery of debts due to banks and financial institutions ordinance, 1993' was promulgated by the president of india on 24 june, 1993. the act replaced that ordinance. the statement of objects and reasons may be reproduced :--'banks and financial institutions at present experience considerable difficulties in recovering loans and enforcement of securities .....
Tag this Judgment!Court : Delhi
Reported in : 2001IIAD(Delhi)589; 90(2001)DLT348; 2001(58)DRJ42; 2001(74)ECC567
..... future manifestations of similar propensities on the part of the offender. this jurisdiction has been called a jurisdiction of suspicion; but the compulsions of the very preservation of the values of freedom of democratic society and of social order might compel a curtailment for individual liberty. 'to lose our country by a scrupulous ..... the failure to conform to which should lead to detention. the satisfaction of the detaining authority, thereforee, is a purely subjective affair. the detaining authority may act on any material and on any information that it may have before it. such material and information may merely afford basis for a sufficiently strong suspicion to ..... punitive but only preventive. it is resorted to when the executive is convinced that such detention is necessary in order to prevent the person detained from acting in a manner prejudicial to certain objects which are specified by the law. the action of executive in detaining a person being only precautionary, the matter .....
Tag this Judgment!Court : Delhi
Reported in : 1997VAD(Delhi)213; 68(1977)DLT914
..... (4)in determining the amount of any compensation awarded under this section, the court shall be guided by the principles specified in section 73 of the indian contract act, 1872 (9 of 1872); (5)no compensation shall be awarded under this section unless the plaintiff has claimed such compensation in his plaint. provided that where ..... of a contract would involve hardship on the defendant within the meaning of clause (b) shall, except in cases where the hardship has resulted from any act of the plaintiff subsequent to the contract, be determined with reference to the circumstances existing at the time of the contract.(3)the court may properly, exercise ..... in favor of the plaintiff on receiving the balance consideration.(67) the case about obtaining permission from the competent authority under the urban land (ceiling and regulation) act, 1976 is again a bogey of defense. the first defendant relied upon clause 3 of the agreement which has already been extracted. apparently the parties intended .....
Tag this Judgment!Court : Delhi
Reported in : AIR1997Delhi301; 1997(41)DRJ604; (1997)117PLR66
..... life and serve no useful purpose is misconceived. it is to be recognized that wild life is an asset and heritage to be preserved for future generations. (10) the changes in the schedule to the act, made by the amendments, were not only confined to new species or vermins, but it included animals that were removed from one ..... availability of the animals' skins as long as for a period of 13 years. (7) the petitioners had challenged the amendment act of 1986 inter alias on the following grounds:- (i)while generally denying that preservation of wild life was in public interest, it was contended by petitioners that there is no nexus between the object of ..... these writ petitions. the stand of the respondents may be briefly summarized. the amendment act of 1986 was constitutionally invalid. it was brought about for the preservation of wild life. it was contended that the amendment in the schedules of wild life (protection) act 1972 was not the first one but was the fourth one, preceded by three .....
Tag this Judgment!Court : Delhi
Reported in : [1983]53CompCas842(Delhi); ILR1981Delhi84
..... or the performance of the promise, but also for the interests of the debt, and all necessary expenses incurred by him in respect of the possession or for the preservation of the goods pledged. section 176 is in the following terms : '176.if the pawnor makes default in payment of the debt, or performance, at the stipulated ..... custodian of the undertaking. sub-clause (4) provides that 'the additional custodian shall assist the custodian in the exercise of his or its powers and duties under this act and shall function under the direction, supervision and control of the custodian; and the custodian may delegate to the additional custodian all or such of his or its ..... of a contract entered into with the company.(14) the above view, in my opinion, finds support from a reading of sub-clause (2) of clause 3 of the act. according to sub-clause (2) the undertaking is deemed to include all assets, rights, leaseholds, powers, authorities and privileges investments and book debts and all other rights .....
Tag this Judgment!Court : Delhi
Reported in : AIR1974Delhi159; ILR1974Delhi443
..... (b) issue a mandamus restraining the judicial magistrate from proceeding with the prosecution of the petitioner under section 29 read with section 14 of the development act and (c) issue a writ of certiorari, quashing the notice issued by the judicial magistrate against the petitioner in the prosecution under section 29 read with ..... for such building as distinguished from land. we, thereforee, cannot accept the construction sought to be placed by the petitioners on section 14 of the development act to the effect that the prohibition can become operative only after the master plan and the zonal development plans have all come into operation in a zone ..... to the scrutiny of constitutionality and legality of administrative action. in the present petitions. there is no constitutional attack on any of the provisions of the act. nor is there any serious constitutional objection shown against the prosecutions. the objections would be mostly concerned with questions of fact as to whether the premises .....
Tag this Judgment!Court : Delhi
Reported in : 2003VIIAD(Delhi)1; 107(2003)DLT385; 2003(71)DRJ178; 2003(3)JCC1669
..... journalists from printing media were present, noting down whatever was told by the accused. interview was not taped. noting taken at the time of interview were not preserved and there is no method to cross-check whether the story published was in accordance with the nothings taken.118. dw-8, dr. arun mehta, computer engineer ..... members of banned terrorist organisations and charge no. 12 in addition charges the accused of harboring terrorists, concealing terrorists, facilitating commission of a terrorist act or acts preparatory to terrorist acts. no doubt that the charge could have been better worded and 16 made a part of charge 12, but no prejudice has been caused. ..... (3) whoever conspires or attempts to commit, or advocates, abets, advises or incites or knowingly facilistate s the commission of, a terrorist act or any act preparatory to a terrorist act, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and .....
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