Judgment Search Results Home > Cases Phrase: repealing and amending act 1978 section 1 short title Court: delhi Page 5 of about 2,160 results (0.206 seconds)

State (Delhi Administration) Vs. G.P. Nayyar

Court : Delhi

Reported in : 1974CriLJ1363

..... (1) notwithstanding--(a) the substitution of new provisions for sub-section (3) of section 5 of the prevention of corruption act, 1947 (hereinafter referred to as the 1947 act) by section 6 (2) (c) of the anti-corruption laws (amendment) act, 1964 (hereinafter referred to as the 1964 act); and(b) any judgment or order of any court, the said sub-section (3) as it stood immediately before the commencement of the 1964 act, shall apply and shall be deemed always to have applied to and in relation to trials of offences punishable under sub-section (2) of section 5 of the 1947 act pending before any court immediately before such ..... again, at page 1203, the court stated.what is relevant for the application of article 20 is not the result brought about by repeal and the retrospective operation thereof, but the factual state of law as it existed prior to the date when the repeal came into operation: the repeal itself posits the pre-existence of the law, and it is that law which is relevant for our present purpose.20. ..... olive rona titled his book 'law as fact' to emphasise that law existed in the consciousness of the people and their law abidingness and that it is not merely dependent on legislative fiat. .....

Anita Anand vs.gargi Kapur & Ors

Court : Delhi

..... by amending the old act by the benami transactions (prohibition) amendment act, 2016, the legislators while recognizing and maintaining the said exception contained in section 3(2) and 4(3) of the old act, for abundant clarity, by virtue of section 2(9)(a)(b)(ii) and section 2(9)(a)(b)(iii) of the amended act, specifically excluded transactions of the nature pleaded by the plaintiff ..... and although the plaintiff has used the expressions fiduciary relationship and trustee, yet these expressions of fiduciary relationship and trustee are not those expressions which will cause the transaction to fall under the exception of section 4(3)(b) of the benami act, but these expressions are those expressions which fall under sections 81, 82, and 94 of the trusts act and which have been repealed by section 7 of the benami act ..... averments in the plaint shows the plaintiff admits her ouster by the defendants and the ouster is premised on the plaintiff right, title or interest in the property being denied, the plaintiff has to pay ..... exception to the prohibited benami transaction in view of section 2(9)(a)(b) exception (iii) inasmuch as it is legally permissible for a person to purchase an immovable property in the name of his spouse from his known sources, and in which position, the property purchased will not be a benami property but the property will be of the de jure owner/plaintiff/husband and not of the de facto owner (in whose name title deeds exist), being the respondent/defendant/wife in .....

Sri Madhusudan Mills Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1993)LC218Tri(Delhi)

..... provisions of the central excises and salt act, 1944 (1 of 1944) and the rules made thereunder, including those relating to refunds and exemptions from duty, shall, so far as may be, apply in relation to the levy and collection of the additional duties as they apply in relation to the levy and collection of the duty of excise on the goods specified in sub-section (1)".this provision is similar to the provision of section 3(3) of the additional duties of excise (textiles and textile articles) act, 1978 and section 50(4) of the finance act, 1982 relating to special ..... taken or done or purporting to have been taken or done before the 20th day of february, 1982 under the central excise act and the central excise rules, 1944 shall be deemed to be, and to have always been, for all purposes, as validly and effectively taken or done as if the amendments referred to in sub-section (1) had been in force at all material times and, accordingly, notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority, - (a) all duties of ..... 1982 (9) elt b-53, b-54 - the central excise laws (amendment and validation) act, 1982 (v) 1980 (5) elt - b-3 -the central excises and salt and additional duties of excise (amendment) act, 1980commissioner of income tax, bombay v. ..... the rule that the repeal or amendment of the act which is incorporated by reference in a later act is not applicable for purposes of the later act is subject to qualifications and exceptions. .....

Ms. Madhushree Gupta Vs. Union of India (Uoi) and anr.

Court : Delhi

Reported in : (2009)225CTR(Del)1; [2009]317ITR107(Delhi); [2009]183TAXMAN100(Delhi)

..... of failure or delay in filing of returns under clause (a), failure to comply with the notices and directions under clause (b), and on account of concealment of particulars of income or of furnishing of inaccurate particulars income under clause (c) of sub-section (1) of section 271 of the act was sought to be supplanted by additional tax under section 158b and interest under section 234a of the act.7.8 curiously, the aforesaid amendment was not brought into operation and by virtue of direct tax laws (amendment) act, 1989 the provision of section 271 prior to its substitution by direct tax laws ..... 1959. by virtue of the amendment brought about in section 26 of the maharashtra tax laws (levy, amendment and repeal) act, 1989 (maharashtra act 9 of 1989) the facility of drawback, set off ..... .3.1 the operations of the petitioner in india essentially pertain to the following activities:(i) air-transportation of passengers, cargo and mail to and from india; and(ii) rendering engineering and ground-handling services to aircrafts operated by other airlines in india.3.2 on 11.02.1994, the government of india as empowered under the provisions of section 90 of the act, entered into a double taxation avoidance agreement (in short =dtaa) with the government of united kingdom.3.3 it was the claim of the petitioner that by virtue of the provisions of article 8 of dtaa the ..... income tax officer : (1978) 112 itr 503 and that of the high court of allahabad in shyam biri works pvt. .....

Common Cause Vs. Union of India and Others

Court : Delhi

Reported in : AIR1999Delhi257; [1998(79)FLR954]

..... roy's case (supra) it was contended that since the central government failed to exercise its powers to bring the 44th constitution amendment act, 1978 into force within a reasonable time and had delayed its implementation, a direction should be issued calling upon the central government to discharge its duty. ..... as the amendments are extensive and substantial in nature, instead of making changes in the delhi rent control act, 1958, it is proposed to repeal and replace the said act by enacting a fresh legislation. 4. ..... for example, sections 3 (1)(a) and 4() of the constitution (first amendment) act, 1951 gave retrospective effect to the amendments introduced in art. ..... the necessity to repeal and replace the delhi rent control act, 1958 for the purpose of achieving the growth of housing in general is evident from the statement of objects and reasons of the new rent act which reads as follows :- 'the relations between landlords and tenants in the national capital territory of delhi are presently governed by the delhi rent control act, 1958. ..... the question as to the impact of that section which, though a part of the 44th amendment act, is not yet a part of the constitution, will be considered later when we will take up for examination the argument as regards the reasonableness of the procedure prescribed by the act.' 23. ..... short title, extent and commencement. (1) ......... (2) ......... ..... certain sections of that amendment, which were not brought into force, were repealed by sec. .....

Electrical Manufacturing Company Ltd. Vs. National thermal Power Corpo ...

Court : Delhi

Reported in : 2006(1)ARBLR449(Delhi); III(2006)BC575; 129(2006)DLT224; 2006(87)DRJ465

..... now, if the amending act had repealed the original section. ..... the amending act provides that the amending section shall be deemed to have come into force on march 30, 1948, and thus by this retrospectivity, indicates a different intention which includes the application of section. 6. ..... has given written notice of his decision to the parties, no claim to arbitration has been communicated to him by either party within thirty (30) days from the receipt of such notice, the said decision shall become final and binding on the parties.26.4 in the event of the engineer failing to notify his decision as aforesaid within thirty (30) days after being requested as aforesaid, or in the event of either the owner or the contractor being dissatisfied with any ..... clause (a) of section 2 provided that 'appointed day' meant the first day of april, 1992 and thus in terms of section 3 of the act the right, title and interest in respect of the power transmission system (with which we are concerned in the present case) stood transferred and vested in the central government which in turn was deemed to have transferred the same and vested the same in respondent no.2.19. ..... it is apparent from the reading of the aforesaid provisions that, as was mentioned in the act, whatever was done for or against the ntpc whether in the form of rights, obligations, title or interest or any legal proceedings for or against the said entity was deemed to have been instituted and continued against respondent no.2. .....

Gopal Krishan vs.super Cassettes Industries Ltd. & Ors.

Court : Delhi

..... the entire 2002 amendment omitting section 391(7) of the act stood repealed finally only on 14th may 2015 with the passing of the repealing and amendment (second) act, 2015.20. ..... (b) the companies (second amendment) act 2002, the press note no.2/2003 dated 4th april 2003, the notification dated 10th july, 2012 of the ministry of corporate affairs and the gazette of india dated 14th may, 2015 when read together showed that in fact there was no repeal of section 391(7) of the act. ..... respondents at the time that the application was filed on 22nd july 2002 section 391 (7) of the act had not been repealed and an appeal could have been filed thereunder. ..... although in terms of the companies (second amendment act) 2002 ( 2002 amendment ), section 391 (7) stood omitted, the said amendment was to take effect only from date notified by the central government.19. ..... state of up (2011) 14 scc813inasmuch as the learned single judge has in the impugned order considered the merits of the appellant s arguments regarding the validity of the order approving the merger of tel and maml with scil under sections 391 and 394 of the act, the impugned order has to be treated as having dealt with the application of the appellant as an application seeking review. ..... the purpose behind omitting the section 391 (7) of the act was to provide jurisdiction in respect of the matters in relation to mergers and amalgamations to the national company law tribunal ( nclt ) which was constituted under the 2002 amendment. .....

Ms. Sarla Kaushik and ors. Vs. Jagjit Singh Rathor and ors.

Court : Delhi

Reported in : 99(2002)DLT822; 2002(64)DRJ545

..... (3) one-half of the members referred to in clause (i) of sub-section (1) and one-half of the members referred to in clause (ii) of that sub-section shall retire on the expiration of one year from the date of the constitution of the standing committee after the commencement of the delhi municipal corporation (amendment) act, 1993, and for that purpose they shall be selected by lot from amongst their respective categories before the said expiration in such manner as the chairman ..... by amendment act 67 of 1993 by reason whereof sub-sections (3), (6), (7) and (8) were added to section 3 and a new section 4 was also substituted by the said amendment.9. ..... governor of the national capital territory of delhi is pleased to nominate the following persons under the provisions of sub-clause (i) of clause (b) of sub-section (3) of the delhi municipal corporation act, 1957, as amended by the delhi municipal corporation (amendment) act, 1993, who shall be represented in the municipal corporation of delhi, namely- si. no. ..... union of india, : air1990sc104 the apex court held thus:-'...the doctrine of implied repeal is based on the postulate that the legislature, which is presumed to know the existing state of law, did not intend to create any confusion ..... laid emphasis on the fact that such nomination on the part of the administrator is being not at his pleasure, the provisions of the general clauses act (in short, 'gc act') will have no application.7. ..... vengayil madhavi amma and : (1978)illj23sc , m/s .....

Monsanto Technology Llc and Ors. Vs.nuziveedu Seeds Limited & Ors.

Court : Delhi

..... . noticeably, by the patents (amendment) act, 2005, the then existing section 5 of the patents act, 1970 concerning "inventions where only methods or processes of manufacture patentable" was repealed and the definition of the expression "invention" in section 2(1)(j) was changed, consequent upon which it now means "a new product or process involving an inventive step and capable of industrial application" ..... , arguing that such grant is in contravention of various provisions of the said law referring to section 3(f), 3(h) and (j), section 8, section 10 (4) and section 59 (1), submitting that impugned acts on the part of defendants are protected by the provisions of the protection of plant varieties and farmers rights act, 2001 ( plant varieties act , for short), the said law by virtue of section 92, overriding the patents act, 1970, it affording a right , under section 30, to the use of any variety (of plant grouping) by any person as an initial source for the purpose of growing other varieties as is the activity ..... monsanto s exclusive ownership of all right, title and interest in and to the bollgard ll trademark and agrees that sub- licensee s use of the bollgard ll trademark shall inure to the benefit of monsanto. ..... the expression bacillus thuringiensis as appearing in the title of the suit patent, registered by the indian patent office, is described by the defendants (by preliminary submission in their written statement) as under :-" 7. .....

Mohd. Arif Vs. Cardio Products Corporation and Anr

Court : Delhi

..... whether there is any repugnancy between the amendment made to the id act under section 2a pursuant to central amendment act 24 of 2010, dated 18.8.2010 and the delhi amendment act 9 of 2003 introducing sub-section 4a in section 10 and if it is so, whether the provision of section 10 (4a) stood eclipsed by section 2a of the id act in the light of the article 254(1) of the constitution ..... notwithstanding anything contained in section 9c and this section, in the case of a dispute falling within the scope of section 2a, the individual workman concerned may, within twelve months from the date of communication to him of the order of discharge, dismissal, retrenchment or termination or the date of commencement of the industrial disputes (delhi amendment) act, 2003, whichever, is later, apply in the prescribed manner, to the labour court or the tribunal, as the case may be, for adjudication of the dispute and the labour court or tribunal ..... filed a statement of claim under section 10(4a) of the industrial disputes (delhi amendment) act, 2003 (hereinafter referred to as the delhi amendment act ) directly before the learned presiding officer, labour court v, karkardooma court, delhi, who vide order dated 31.08.2012 held that: therefore, it is apparent that the claim filed by the workman directly into the court on 11.01.2012 without approaching the conciliation officer for conciliation of his industrial dispute and lapse of 45 days in conciliation ..... the id act and has yet not been repealed. .....