Court : Delhi
..... india, the petitioner impugns the order dated 24.12.2014 passed by the commandant (medical), mtc, sashastra seema bal, shimla dismissing the petitioner from service having found him guilty of an offence under section 43 of sashastra seema bal act, 2007. the petitioner further challenges the order dated 08.09.2015 vide which his wp(c) 11182 ..... /2015 page 1 appeal against the same was dismissed by inspector general (personnel).2. the petitioner aged about 29 years was appointed as constable (nursing orderly) in sashastra seema bal (hereinafter referred to ..... officer. dr.x was a superior officer of the petitioner and deserved all respect.... petitioner s conduct, especially in context of armed forces was an act of gross indiscipline.16. the conduct of the petitioner was therefore clearly prejudicial to good order and the discipline of the force. even if there .....
Tag this Judgment!Court : Delhi
Reported in : 162(2009)DLT135
..... applicant') had, on 10.11.2007 required the central public information officer, supreme court of india ('the cpio'), nominated under the right to information act (hereafter 'the act') to furnish a copy of the resolution dated 7.5.1997 of the full court of the supreme court, ('the 1997 resolution') which requires every ..... is stored in a computer or in any other device; xxxxxx xxxxxx xxxxxx 8. exemption from disclosure of information.- (1) notwithstanding anything contained in this act, there shall be no obligation to give any citizen,- xxxxxx xxxxxx xxxxxx information including commercial confidence, trade secrets or intellectual property, the disclosure of which ..... for excluding information from public scrutiny in public interest. no other ground for excluding information which exists with any public authority can be deduced under the act, particularly in respect of information merely marked 'confidential'. the only exemption there in connection with this is the exemption under clause 8 (1) (j .....
Tag this Judgment!Court : Delhi
Reported in : 2008(1)ARBLR393(Delhi)
..... interstate (supra) the learned single judge of this court was faced with a situation where the appointing authority as well as the arbitrator appointed by him acted unreasonably. the learned judge held that the conduct and dealing of the appointing authority compelled it to overlook strict procedural objections which are calculated to defeat ..... mandate would continue and the challenge to his authority would have to wait till the completion of the process only because the party aggrieved had failed to act in terms of section 13(2) within the period prescribed. it is not unlikely that in such an eventuality, irreversible consequences may follow, a ..... arbitrator (which is permitted under the english law) observed that the power of removing the arbitrator embraces situations in which, although the arbitrator has not necessarily acted unfairly, he has allowed himself to get into a position where unfairness might reasonably be suspected or foreseen. the arbitrator must not only show no bias, .....
Tag this Judgment!Court : Delhi
Reported in : [2008]145CompCas837(Delhi); 136(2007)DLT308; [2007]77SCL73(Delhi)
..... of debt due from the company. however, it is also clarified that enforcement of a debt is subject to the conditions prescribed under the companies act. the companies act, particularly chapter v, clearly lays down the manner in which debts of the company are to be discharged by the official liquidator from the funds/corpus ..... be tested on the touchstone of the modality or the procedure provided for its realization or recovery. hencethe contention that the special provision incorporated in the companies act regarding the debts and liabilities due from the company will render the debt unenforceable, cannot be accepted.11. the learned counsel also pointed out that the ..... the question which was posed for determination in the said case was 'can a company escape from penal liability under section 138 of the negotiable instruments act (for short 'the ni act') on the premise that a petition for winding up of the company has been presented and was pending during the relevant time'? the cases decided in .....
Tag this Judgment!Court : Delhi
Reported in : 51(1993)DLT624
..... be achieved is, that truth may be made known about the definite matter of public importance after inquiry by the commission. the commissions of inquiry act is an act to provide for the appointment of commissions of inquiry and for vesting such commissions with certain powers. the commissions of inquiry are appointed under section ..... 'in my opinion, the jurisdiction under the code of criminal procedure possessed by the courts and the jurisdiction of the commission under the commissions of inquiry act are two independent jurisdictions and the exercise of the same would be within their respective domain or sphere and the two jurisdictions may continue to function in ..... evidence. he submitted that the proceedings of the commission may be conducted keeping equally in view the provisions of the terrorist and disruptive activities (prevention) act. proceedings may be in camera under the regulations of procedure framed by this commission he pointed out that there may be difficulties if the trial by .....
Tag this Judgment!Court : Delhi
..... the legislature so as to introduce speedy and expeditious payment of compensation to the third party victims without taking the trouble of proving negligence or tortuous act. the said second schedule also laid down certain specific amounts payable against general and pecuniary damages in the case of death and in the case of ..... be 'just' compensation is to be determined by the tribunal in a most judicious manner taking note of the facts and circumstances of each given case but not acting simply on whims, fancies, wild guesses, conjectures or surmises. the expression 'just' denotes equitability, fairness, reasonableness and non-arbitrariness. in this regard the hon'ble ..... as regards the plea of the appellant to consider the revision of minimum wages of the deceased after taking into consideration such increase under the minimum wages act, which show such wages virtually becoming double after a gap of 10 years period. this contention of counsel for the appellant is repelled by counsel appearing .....
Tag this Judgment!Court : Delhi
Reported in : 2009ACJ1881
..... the legislature so as to introduce speedy and expeditious payment of compensation to the third party victims without taking the trouble of proving negligence or tortuous act. the said second schedule also laid down certain specific amounts payable against general and pecuniary damages in the case of death and in the case of ..... be 'just' compensation is to be determined by the tribunal in a most judicious manner taking note of the facts and circumstances of each given case but not acting simply on whims, fancies, wild guesses, conjectures or surmises. the expression 'just' denotes equitability, fairness, reasonableness and non-arbitrariness. in this regard the hon'ble ..... as regards the plea of the appellant to consider the revision of minimum wages of the deceased after taking into consideration such increase under the minimum wages act, which show such wages virtually becoming double after a gap of 10 years period. this contention of counsel for the appellant is repelled by counsel appearing .....
Tag this Judgment!Court : Delhi
Reported in : 2010(1)KarLJ383
..... right to privacy, a recognised fundamental right by our supreme court, has found articulation - through a safeguard, though limited, against information disclosure, under the act. in india, there is no law relating to data protection, or privacy; these have evolved through the interpretive process. the right to privacy, characterised by ..... such information is stored in a computer or in any other device;..8. exemption from disclosure of information.-(1) notwithstanding anything contained in this act, there shall be no obligation to give any citizen.-..(d) information including commercial confidence, trade secrets or intellectual property, the disclosure of which ..... excluding information from public scrutiny in public interest. no other ground for excluding information which exists with any public authority can be deduced under the act, particularly in respect of information merely marked 'confidential'. the only exemption there in connection with this is the exemption under section 8(1)(j .....
Tag this Judgment!Court : Delhi
..... that substantially the provisions in respect of which the learned judge expressed his opinion, are pari materia with the corresponding provision obtaining in the designs act, i.e., the act of 2000. the learned single judge, while interpreting old section 53 (now section22) came to the conclusion that since both the plaintiff and defendant ..... registration, it cannot be said that the subsequent registrant, has obtained an unlawful registration. 11.1 what is provided under section 22(3) of the designs act are grounds to challenge of the registration, in an infringement proceedings, which are otherwise available as grounds for cancellation of a registered design. this, however, ..... as they were not mutually inconsistent. in this context, it was contended that, passing off was a common law remedy, which related to a tortious act of the defendant whereby the defendant represented his own goods as someone elses goods. the misrepresentation made is intended to injure the goodwill generated by the .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
Reported in : (2008)(1)SLJ294CAT
..... service, several professional awards and commendation certificates from the dib as well as appreciation from the us fbi for service of a very high order.3. the sashastra seema bal (for short "ssb") is a central police organization headed by the director general, ssb and under the administrative control of ministry of home affairs. it guards ..... to time. from the averments made in the written statement it appears that the applicant is performing his duties well. there is no mention of any specific act of indiscipline indulged by the applicant that might have resulted into his repatriation. the reason, as mentioned above, is only infighting between two officers, not connected ..... in force" clearly refer to infighting of the applicant with his counter part mr. yashwant malhotra. once again the words "it needs no emphasis that the acts of indiscipline in a central para military force cannot be allowed to go unnoticed" would take its colour from the only allegation made against the applicant, .....
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