Court : Delhi
..... the overriding effect as per section 4. for literal rule of interpretation, he relies upon the dicta of the supreme court in raghunath rai bareja and another v. punjab national bank and others [2007] 2 scc 230. "40. it may be mentioned in this connection that the first and foremost principle of interpretation of a statute in every ..... in terms of the relief sought in the suit. 9. the learned counsel for the plaintiff relies upon the case of raghunath rai bareja and another v. punjab national bank and others [2207] 2 scc 230 which held that, under the dayabhaga school of law, an unborn son cannot have a right in the property because the ..... words used by the legislature, the court cannot correct or make up the deficiency, especially when a literal reading thereof produces an intelligible result, vide delhi financial corporation v. rajiv anand 2004 (11) scc 625. where the legislative intent is clear from the language, the court should give effect to it, vide government of andhra pradesh v. road .....
Tag this Judgment!Court : Mumbai
..... 2006; (i) on 22 august 2007, the government of india passed an order sanctioning the scheme of amalgamation of air india limited and indian airlines limited into transferee entity national aviation corporation of india (nacil)). this order was passed under section 391-394 of the companies act, 1956. on 24 september 2010, the nacil was renamed as air india ..... in air india (1995)(supra) and prabha d.kanan (2006) (supra) that the notification dated 29 august 1960 is not in force. therefore, the issue before the national industrial tribunal stands concluded in favour of the petitioners by virtue of this decision. 24. in view of the above, we are of the view that notice under section ..... .d. act is still in force or has it lapsed on account of repeal of the air corporation act,1953 is an issue which is pending before the national industrial tribunal. in the above circumstances, it is not open to the petitioners to nullify the issue before the tribunal by seeking directions on the same aspect from .....
Tag this Judgment!Court : Delhi
..... was not possible in the legal framework and it was in view of the said constitutional and legal limitations / constraints that the national tariff policy on electricity stipulated and directs serc to institute a system of independent scrutiny of financial and technical data submitted by licensee and ..... for taking measures conducive to the development and management of the electricity industry in an efficient, commercial, economic and competitive manner in the national capital territory of delhi. i) section 3 of the act constitutes the derc. (ii) section 10 vests the derc besides with the ..... ; (c) that it is for this reason only that derc had asked the gnctd to have the accounts of discoms audited. 23. dr. rajiv dhawan, senior counsel appearing for gnctd has argued: (i) that an opportunity to file objections / representations was duly given to discoms before directing audit ..... rajiv sahai endlaw, j. 1. the common questions involved in these proceedings which have been heard together are:- ( .....
Tag this Judgment!Court : Delhi
..... of vital importance to the central government as it is the seat of a large number of important and vital institutions such as the head of the state, national legislature, national executive, apex judiciary, heads of armed forces, para military forces, foreign diplomatic missions, international organizations, important educational, medical and cultural centres, etc. it ..... that there is a distinction between a body constituted by the parliament and the legislature created by the constitution. (vii) placing reliance upon u.n.r. rao v. indira gandhi; (1971) 2 scc 63, manoj narula v. union of india; (2014) 9 scc 1, s.r. chaudhuri v. state of punjab; (2001) 7 scc ..... of delhi/petitioner. in other writ petitions where government of nct of delhi has been arrayed as a respondent, mr.rajeev dhawan, ms. indira jaising, shri rajiv dutta, shri biswajit bhattacharyya, shri raju ramachandran, shri h.s. phoolka and shri sudhir nandrajog, senior advocates had appeared for the government of nct of delhi. .....
Tag this Judgment!Court : Mumbai
..... to it. the delhi high court speaking through the division bench, with great respect, has made these observations to rule out a defence of the nature taken by punjab national bank, that even if it is a tenant of a private landlord by virtue of the tenancy created in its favour and its occupation of the premises, the premises ..... confined to the ownership or control of the premises and the controversy before the delhi high court, with regard to maintainability of the civil suit of mrs.nisha against punjab national bank. the findings of the delhi high court are restricted to the issue raised and the remedy of private landlord/ owner to evict a government/ statutory authority from premises ..... in paras 8 and 9 of the judgement would militate or go against the stand of the petitioner. 37] the other judgment in the case of mrs.nisha vs. punjab national bank, reported in a.i.r. 2000 delhi 439, also cannot assist mr.presswala. in that case, mrs.nisha was the owner/landlady of the suit property. the .....
Tag this Judgment!Court : UK Supreme Court
..... ] ewhc 2351 (ch), [2006] ilpr 129, at para 54. see also islamic republic of pakistan v zadari [2006] ewhc 2411 (comm), at para 138 and novus aviation ltd v onur air tasimacilik as [2009] ewca civ 122. lawrence collins j or lawrence collins lj is the author of the relevant passage in each of those cases except ..... did not attempt to examine exhaustively the classes of cases which may arise in practice, notably he did not consider the practical problems associated with libels which cross national borders. on the other hand, the line of authority of which the albaforth is an example was concerned with practical problems at a much lower level of generality ..... of appeal that the suggestion was evidently first advanced. the judge's judgment makes no reference at all to the line of authority represented by cordoba shipping co ltd v national state bank, elizabeth, new jersey (the albaforth) [1984] 2 lloyd's rep 91, to which so much significance is now attached. the appellant's skeleton argument .....
Tag this Judgment!Court : Punjab and Haryana
..... and (c) ram behari mehrotra and another v. m/s. smarts pvt. ltd. and others, air 1973 delhi 133. objections under section 16 of arbitration act (i) national agricultural coop. marketing federation india ltd. v. gains trading ltd., (2007) 5 supreme court cases 692; (ii) gas authority of india ltd. and another v. keti construction ..... exceeded the jurisdiction by fixing the price as rs. 39.5 crores. in the objection petition, for the first time, firm jagtumal murari lal through rajiv kumar gupta, rajiv kumar gupta, raghav gupta and sunhena gupta were impleaded as respondents. the memo of parties reads thus:- "susham singla aged about 43 years, s/o ..... of the aforementioned clauses, it appears that a "deemed/implied" authorisation of the other co-owners regarding respective shares in the aforementioned property was given to one rajiv kumar gupta for entering into the agreement to sell. in essence, there is no separate authorisation in writing. however, section 14 of the indian partnership act, .....
Tag this Judgment!Court : Delhi
..... aforesaid reasoning of the learned adj was not in consonance with the current law particularly in view of the judgment of the constitution bench in ashoka marketing ltd. vs. punjab national bank (1990) 4 scc 406, attention of the counsels during the hearing was drawn thereto as well as to the judgment dated 21st february, 2006 of the division bench of .....
Tag this Judgment!Court : Karnataka
..... hours (total for two papers 400 marks) in the following description, namely:- sl. no.subject areano. of questionsmarkspaper i1general studies related to national and international importance40802humanities60120 total100200paper ii1general studies related to state importance40802general science and tech, environment and ecology30603general mental ability3060 total100200 note:- a. the question ..... and the approval that it has received in judicial decisions or in legislation. relying upon this principle, the supreme court in ajay gandhi v. b. singh having regard to the fact that the president of the income tax appellate tribunal had been from its inception in ..... technology, retired professors of indian institutes of management, retired professors of indian institute of public administration, new delhi, retired professors of the national academy of administration, mussoorie or other retired professors in training institutes of government of india located in different parts of the country. some .....
Tag this Judgment!Court : Karnataka Dharwad
..... this regard, reliance is placed on oriental insurance company limited vs. rajkumari, 2007(12) scc 768, padmasunder rao vs. state of tamilnadu, 2002(3) scc 533, punjab national bank vs. r.l. vaid, 2004(7) scc 698. it is contended that the contentions of the respondents regarding the absence of pleadings is untenable. it is emphasized that ..... 1976) 4 scc 489, (4) commissioner, hindu religious and charitable endowments, madras vs. sri lakshmindra thirtha swamiar of sri shirur mutt, air 1954 sc 282, (5) ratilal panachand gandhi vs. state of bombay, air 1954 sc 388, (6) sri venkataramana devaru vs. state of mysore, air 1958 sc 255 (7) sri adi visheshwara of kashi vishwanath temple, ..... judgment of the trial court and the consequential orders are stayed only on sufficient cause shown on the facts of that case. ? further in the judgment of indira nehru gandhi (smt.) vs. raj narain 1975 scc (2) 159 rendered by justice krishna iyer, it was held: the legal effect of an order of this court suspending .....
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