Judgment Search Results Home > Cases Phrase: preservation of trees act 1976 chapter 1 preliminary Sorted by: recent Court: delhi Page 1 of about 435 results (0.151 seconds)

Prithi Vs. State Etc.

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 .....

Union of India vs.m/s Associated Construction Co

Court : Delhi

..... to impound any document or thing other than a passport. this is because impounding of a passport is provided for in section 10(3) of the passports act. the passports act is a special law while crpc is a general law. it is well settled that the special law prevails over the general law vide g.p. ..... to improve the international image of the indian justice delivery system. the apex court has though, consistently spoke about the liberal approach to section 5 of the limitation act, but the essence of sufficient cause has always been given the importance, while deciding the applications on delay.27. the supreme court in catena of judgments has ..... and has also given our thoughtful consideration to the matter.24. the first issue, which has been raised by dr. george with regard to the applicability of limitation act in the commercial appeals has been dealt by the apex court in detail in the case of consolidated engineering enterprises vs. the principal secretary irrigation department & ors. reported .....

North Delhi Municipal Corporation & Anr. Vs.rajesh Sharma

Court : Delhi

..... with regulation 7 of the regulations of 1959, the competent authority to impose penalties on category a posts was the corporation, however, by virtue of the amendment of the act vide act no.67 of 1993, sub-section (d) was substituted in section 59, which made the commissioner, mcd the disciplinary authority in relation to municipal officers and other municipal ..... may be made in this behalf can be given is that the said expression refers to regulations that may be made in future i.e. post the amendment of the act vide act no.67 of 1993.53. the mischief rule was explained in the bengal immunity co. v. state of bihar, air1955sc661by s.r. das, c.j.as follows: ..... aspect who the disciplinary authority is in relation to all municipal officers and other municipal employees, were to still prevail i.e. even after the amendment of the act vide an act 67 of 1993, there was no purpose of bringing about the said amendment. the very object and purpose of the amendment which was to enlarge the scope of .....

Nav Shakti Educational Society vs.laxman Public School Society & Ors

Court : Delhi

..... civil revision is almost same. further, in this case too the petitioner alleges the first appellate court had failed to exercise the jurisdiction so vested in it and have rather acted in the exercise of its jurisdiction illegally or with material irregularity, hence there can be no issues, if this petition may also be treated as civil revision.28. coming to ..... propriety of the order of remand made by the high court. prior to the insertion of rule 23a in order 41 of the code of civil procedure by cpc amendment act 1976, there were only two provisions contemplating remand by a court of appeal in order 41 of cpc. rule 23 applies when the trial court disposes of the entire suit .....

Farhan Shaikh vs.state (National Investigation Agency)

Court : Delhi

..... expiry of 180 days against the avowed legislative policy of a speedy conclusion of proceedings under the 1989 act. bearing in mind the principles enunciated in shayara bano, we are constrained to hold that in failing to preserve the right to seek condonation of delay that too at the stage of a first appeal, the legislature ..... has clearly acted capriciously and irrationally. it has left an aggrieved person without a remedy of even a first appeal ..... v. the custodian, (2004) 11 scc472 this decision arose in the context of the special courts (trial of offences relating to transactions in securities) act, 1992. this act was enacted with the object to deal with the situation created by large scale irregularities and malpractices in transactions in securities indulged in by some brokers in collusion .....

Syed Mehedi vs.govt of Nct of Delhi & Ors.

Court : Delhi

..... to opt for home-based education.]. (emphasis supplied) we may now refer to sections 16 and 17 of the rights of persons with disabilities act, 2016, ( disabilities act for short) which read as under: that all educational section 16: duty of educational institutions. the appropriate government and the local authorities shall endeavour ..... thus, have no hesitation in coming to the conclusion that the respondents, despite being vested with the power which is coupled with the duty to act reasonably and with responsibility, to grant relaxation in appropriate cases, have failed to consider the relevant factors and misdirected themselves by examining the issue in ..... elementary education which children with disabilities have under the provisions of chapter v of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995(1 of 1996): provided that a child with "multiple disabilities" referred to in clause (h) and a child with "severe disability" referred to .....

Bayer Corporation vs.union of India & Ors.

Court : Delhi

..... or sale of any product 75. the patent (amendment) bill, 2003 proposed insertion of the expression import as follows: 107a: for the purposes of this act (a) any act of making, constructing, using selling or importing a patented invention solely for uses reasonably related to the development and submission of information required under any law for ..... united states a patented invention (other than a new animal drug or veterinary biological product (as those terms are used in the federal food, drug, and cosmetic act and the act of march 4, 1913) which is primarily manufactured using fao (os) (comm) 169/2017 page 45 of 90 54. for uses reasonably related recombinant dna, ..... ltd, the defendant in the suit, hereafter called alembic ). both judgments deal with an identical issue, concerning the correct interpretation of section 107a of the patents act, 1970 ( the act ) which is commonly known as the bolar provision .2. facts in the appeal arising out of the judgment in the writ petition (i.e. in lpa .....

Mahindra Electric Mobility Limited and Anr. Vs.cci and Anr.

Court : Delhi

..... members, with the central government, the independence and fairness of the chairperson and the members of the ntt, as they would always be worried to preserve their jurisdiction terms of work, and based on conveniences an unsuitable/disadvantageous chairperson or member could be easily moved to an insignificant jurisdiction, or to an ..... remained unaltered, the power vested in high courts to exercise judicial superintendence over the benches of the ntt within their respective jurisdiction, has been consciously preserved. this position was confirmed by the learned attorney general for india, during the course of hearing. since the above jurisdiction of the high court has ..... a judicial body and should be in consonance with the doctrine of separation of powers and principles of preserving the independence of the judiciary. it is submitted that the penalty under section 27 of the act is vague, discriminatory, arbitrary and violative of article 14 of the constitution of india. further, regulation .....

Tara Sikand Atwal vs.viraj Sikand & Ors

Court : Delhi

..... implemented following the technicalities of law, is not permitted to be disturbed / challenged, with a view to preserve harmony and peace of the family which has been accorded a special status in the indian culture and preservation of which is found to be essential for maintaining the fabric of the society. for this reason also, ..... party to a document is not entitled to seek cancellation thereof without pleading any prejudice from the said document. while under section 31 of the specific relief act, 1963 any party against who a written instrument is void or voidable is entitled to seek cancellation thereof, it is essential for the party to establish an ..... plaintiff is pleading oral agreement contradicting, varying, adding to or subtracting from the terms of the registered documents and which is barred by section 92 of the evidence act and the proviso (3) thereto has no application.22. the senior counsel for the plaintiff has referred to gangabai vs. chhabubai (1982) 1 scc4 particularly to .....

The Deputy Director Directorate of Enforcement Delhi vs.axis Bank & O ...

Court : Delhi

..... from the protection of legitimate transaction and financial assets as afforded by legislation such as the securitisation and reconstruction of financial assets and enforcement of securities interest act, 2002 ( sarfaesi act , for short).14. when this appeal came up before the court on 06.02.2018, in light of the submissions made, the bank was permitted ..... 78 of 105 proceedings under sica, by specifically providing for sub-section (2), which lays down that the later act, rddb shall be in addition to and not in derogation of sica. 138. ..... 22 of sica did not originally include the rddb act, which was not there in existence. section 22 covers proceedings under the rddb act.50. the purpose of the two acts is entirely different and where actions under the two laws may seem to be in conflict, parliament has wisely preserved the crl. appeal no.143/2018 & others page .....