Court : Delhi
..... just exceptions. bail appln. 1844/2018 1. the petitioner seeks interim bail for a period of two months in fir no.18/2014 under sections 21/25/29/of the ndps act read with sections 468/4of the ipc, police station special cell, sector-6, rohini, delhi, on the ground that the wife of the petitioner requires urgent surgery.2. the status .....
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..... correctly; and, (e) thus, no purpose would be served in reopening the evidence. cm(m) 911/2018 page 3 of 4 7. though one of the several acts of cruelty pleaded by the respondent/husband in the petition for dissolution of marriage certainly is, of the petitioner/wife having walked out of her matrimonial home along with all ..... record and demonstrate operation of the locker aforesaid by her mother-in-law and by her sister-in- law prior to 31st october, 2001, because the same constituted an act of cruelty committed by the respondent/husband on the petitioner/wife ; that thus, the examination of the said witness was essential; (b) however, the statement of the ..... through: none. versus... petitioner-in-person. order1008.2018 this petition under article 227 of the constitution of india impugns % 1. the order [dated 3rd july, 2018 in hma no.133/2016 of the court of judge, family court (west)]. of dismissal of the application dated 2nd december, 2016 of the petitioner/wife for recall of the order .....
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..... because as has been highlighted by the itat, by a plain reading of the (retrospectively applicable) amendment that introduced the explanation to section 92b of the act by finance act, 2012, it is determinable that if there is any delay in the realization of a trading debt arising from the sale of goods or services rendered in ..... no question to benchmark the interest separately, in calculating the alp in an international transaction, we refer to the amendment brought under explanation to section 92b of the act vide finance act, 2012, w.e.f. 01.04.2012. clause (i) of this explanation, gives ita4612017 & connected matters page 25 of 38 meaning to the expression international ..... as a kpo. before examining this contention, it would be useful to look at the legislative history and purpose of introducing transfer pricing adjustment in the income tax act, 1961 (the act ), as highlighted in rampgreen sales pvt. ltd. v. cit (supra) as follows:12. at the outset, it is necessary to bear in mind that the .....
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..... miscellaneous provisions) scheme, 1970 (hereafter the scheme ), which is framed under section 9 of the banking companies (acquisition and transfer of undertakings) act, 1970 (hereafter the act ). the petitioner submits that the aforesaid added qualification (of three years residual service), for being nominated to be considered for appointment as directors ..... this clause, the expression "corresponding new bank" shall include a corresponding new bank within the meaning of the banking companies (acquisition and transfer of undertakings) act, 1980; (c) one director, possessing necessary expertise and experience in matters relating to regulation or supervision of commercial banks, to be nominated by the ..... his terms of office as director.]. (3) the director referred to in clause (f) of sub-section (3) of section 9 of the act, shall be nominated by the central government in consultation with the reserve bank, after the procedure for verification of membership of officers associations by whatever .....
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..... . 50/and 51/10/12) which were instituted by the petitioner (hereinafter the complainant) against the private party respondents herein, each alleging offence under section 138 of the negotiable instruments act, 1881. by the impugned orders, the application of the private party respondents (the accused) for refund of the amount of rs. 38 lakhs that had been earlier paid by them ..... behalf.3. the background facts leading to the petitions at hand being filed, simply put, are that aside from the two criminal cases involving offences under section 138, negotiable instruments act, 1881, the parties were involved in other litigation, this including the criminal cases arising out of fir no.1278/2010 that had been registered at the instance of the petitioner .....
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..... sessions judge acquitted the respondent no.2 taslim for the offences punishable under section 376(2)(n)/506 ipc and section 4 of protection of children from sexual offences act (in short pocso act), the petitioner/prosecutrix has preferred the present leave petition.3. the case of the prosecution is that on 13th july, 2014 at about 4:40 p.m. information .....
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..... work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that ..... employee and a temporary employee (whether a probationer, casual, daily wage or adhoc employee).6. the definition of 'workman' in section 2 of the industrial disputes act states that a workman means :-"any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory ..... law and that whereas in service law a permanent employee has a right to the post where a temporary employee does not, under the industrial disputes act, 1947, there is no distinction between the permanent employee and temporary employee (whether a probationer, casual, daily wage or adhoc employee) and it was .....
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..... the scheme.41. para 2.2 then lists the following organizations by whom counselling may be provided under the icps scheme (and not the pocso act): childline service counsellors appointed by the district child protection society (dcps), who will report to the legal-cum-probation officer and will be responsible for ..... stands made to counselling , the contours thereof have not got any statutory clarity. absence of any qualifications described for counsellors 31. we find that the pocso act or the rules framed thereunder contain no prescriptions for qualifications of counsellors unlike for interpreters and translators. rule 3(1) enjoins upon the district child protection ..... role permissible to these experts is that of rendering assistance to the magistrate or the police officer wherever necessary.14. while section 26(4) of the pocso act mandates that wherever possible , the child s statement is also recorded by audio, video, electronic means . unfortunately, the statute has failed to prescribe the .....
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..... law procedures as also public law principles. it may be necessary to identify the situations to which separate proceedings and principles apply and the courts have to act firmly but with certain amount of circumspection and self-restraint, lest proceedings under article 32 or 226 are misused as a disguised substitute for civil action in private ..... of fundamental rights cannot be corrected by any other method open to the judiciary to adopt. the right to compensation is some palliative for the unlawful acts of instrumentalities which act in the name of public interest and which present for their protection the powers of the state as a shield. if civilisation is not to ..... performance of its duties, is as actionable in public law, as in tort. in this background the failure of the state to prevent the occurrence of negligent acts by its employees, or those who are accountable to it, within premises under its control, or in respect of zones of activities falling within their jurisdiction strikes .....
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..... ble mr. justice navin chawla none. through ..... respondent navin chawla, j.(oral) 1. this petition under section 34 of the arbitration and conciliation act, 1996 (hereinafter referred to as the act ) has been filed by the petitioner challenging the arbitral award dated 29.08.2014 passed by the sole arbitrator adjudicating the disputes that have arisen ..... the contract. for such breach, the petitioner would then have to prove its damages in accordance with section 73 of the indian contract act, 1872 (hereinafter referred to as the contract act ). in the present case, it has not been claim by the petitioner that the lease deed contains any provision for liquidated damages as ..... provided under section 74 of the contract act and therefore, onus of proving damages under section 73 of the contract act was on the petitioner. omp(comm.)532/2016 page 3 7. learned counsel for the petitioner further contended that .....
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