Court : Delhi
..... microscopic, chemical & tlc examination, exhibits 1 & 2 were found to be ganja (cannabis) which fall within the definition provided by section 2(iii)(b) of the ndps act.27. learned additional public prosecutor for the state relied upon raju mohan rao rathor vs. state of maharashtra, 2008 crl. l.j1131in which case also, the accused was ..... cannot start with the presumption that the police records are untrustworthy. as a proposition of law the presumption should be the other way around. that official acts of the police have been regularly performed is a wise principle of presumption and recognized even by the legislature. hence when a police officer gives evidence in ..... show their disinclination to come forward to become witnesses. if the testimony of the police officer is found to reliable and trustworthy, the court can definitely act upon the same. if in the course of scrutinising the evidence the court finds the evidence of the police officer as unreliable and untrustworthy, the court may .....
Tag this Judgment!Court : Delhi
..... microscopic, chemical & tlc examination, exhibits 1 & 2 were found to be ganja (cannabis) which fall within the definition provided by section 2(iii)(b) of the ndps act.27. learned additional public prosecutor for the state relied upon raju mohan rao rathor vs. state of maharashtra, 2008 crl. l.j1131in which case also, the accused was ..... cannot start with the presumption that the police records are untrustworthy. as a proposition of law the presumption should be the other way around. that official acts of the police have been regularly performed is a wise principle of presumption and recognized even by the legislature. hence when a police officer gives evidence in ..... show their disinclination to come forward to become witnesses. if the testimony of the police officer is found to reliable and trustworthy, the court can definitely act upon the same. if in the course of scrutinising the evidence the court finds the evidence of the police officer as unreliable and untrustworthy, the court may .....
Tag this Judgment!Court : Delhi
Reported in : 2007(97)DRJ1; 2007LC(DEL)1429
..... government desired to take a fresh look at its legal framework. as a first step towards 'restructuring the power sector', the electricity regulatory commissions act, 1998 (erc act 1998) was enacted on 2.7.1998. its main features included the establishment of the central electricity regulatory commission and the state electricity regulatory ..... in terms of article 148 of the constitution. his functions are governed by the comptroller and auditor general's (duties, powers and conditions of service) act 1971. thereforee the findings of the cag deserve the most serious consideration at the hands of other constitutional functionaries, in this case the gnctd. likewise ..... in the country. the legal framework for regulating the distribution and supply of electricity in india was governed by the indian electricity act, 1910 ('ie 1910 act') and the electricity (supply) act, 1948 ('esa 1948'). there was a monopoly of the state electricity boards (sebs) in the matter of distribution and supply of .....
Tag this Judgment!Court : Delhi
Reported in : 93(2001)DLT436
..... framework to respondent to the diverse need of local population; sub para change to reorient the housing agencies at the central, state and level to act more as promoters of housing activity rather than builders of houses and to concentrate increasingly on the supply of developed land and infrastructure, extension of appropriate ..... the high court in exercise of its jurisdiction under article 226, where the aggrieved party seeks relief against infringement of civil rights by authorities purporting to act in exercise of the powers conferred upon them by revenue statues. the preliminary objection raised by counsel for the assessed must thereforee fail.' thereforee, it ..... delhi development authority as a successor body to delhi improvement trust. these lands are managed as per provisions of the nazul agreement 1937 and punjab land revenue act, 1887. the receipts and expenditure relating to these nazul estates are being booked under a separate section of accounts called 'nazul account-i'. (b) .....
Tag this Judgment!Court : Delhi
Reported in : 95(2002)DLT14; 2002(61)DRJ639
..... the potential for abuse of power has increased.' 'the courts' supervisory jurisdiction helps to ensure that public bodes do not abuse their power and do not act arbitrarily, capriciously, unreasonably or unfairly. private bodies, too, can throw their weight around. whatever other regulatory controls they may be subject to, it is ..... any person or authority including, in appropriate cases, any government. under clauses (1) of article 367, unless the context otherwise requires, the general clauses act 1897, shall, subject to any adaptions and modifications that may be made therein under article 372, apply for the interpretation of the constitution as applies for ..... has submitted as preliminary objection that the bcci is not amenable to the writ jurisdiction because:(a) it is a society registered under the societies registration act. (b) it is affiliated to international cricket council whose member can only be a corporation, individual nominated by a cricket playing country and government .....
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Reported in : 2006(89)DRJ114
..... lessee or his legal heirs notwithstanding the fact that the lease has already expired: provided further that where an area reserved under rule 58 or under section 17a of the act is proposed to be granted to a government company, no notification under clause (ii) shall be required to be issued:provided also that where an area held under ..... the matter of registration of the sale deed-cum-sub-lease deed merely because a document can be registered at delhi by virtue of section 30(2) of the registration act, territorial jurisdiction in the courts at delhi cannot be inferred. moreover, the petitioner-association is already having some litigation before the courts of u.p. and at one ..... thereof can be' filed in any high court of the country. it is not so done because a cause of action will arise only when the provisions of the act or some, of them which were implemented shall give rise to civil or evil consequences to the petitioner, a writ court, it is well settled, would not determine .....
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Reported in : 146(2008)DLT455
..... holistically interpret the phrase 'telecommunication service' we have juxtaposed the definition in section 2(1)(k) along with 3(1aa) of the indian telegraph act, 1885 (telegraph act):2(1)(k)3(1aa)'telecommunication service' means service of any description (including electronic mail, voice mail, data services, audio tex services, ..... parliament in december 1997. the intention of parliament was already manifestly clear, namely, that although broadcasting is inherently covered under the trai act and the telegraph act, its galloping growth has warranted that it should be governed by a separate statutory structure. it was for this reason that although ..... to which delegation is inevitable or necessary or expedient. the frontiers within which the delegate/authority must function is further identifiable from indicia available in the act itself. the preamble enjoins that the authority should endeavor to (a) regulate the telecommunication services, (b) protect the interests of service providers and .....
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Reported in : ILR1975Delhi868
..... that any judicial proceeding is pending are protected (section 3); similarly protected are fair and accurate reports of judicial proceedings (section 4), fair criticism of judicial acts (section 5) and bona fide complaints made to a higher court concerning the presiding officer of a court (section 6). (17) section 14 lays down ..... personnel.''if we accept this slant on judicialisation as a functional limitation on the contempt jurisdiction we must exclude from its ambit interference with purely administratry acts of courts and non-judicial functions of judges. this dichotomy is implicit in the decided cases although the twilight of the law blurs the dividing lines ..... which is dear to the community and the function which deserves to be cordoned off from public molestation, is judicial. vicious criticism of personal amd administrative acts of judges may indirectly mar their, image and weaken the confidence of the public in the judiciary but the countervailing good, not merely of free speech .....
Tag this Judgment!Court : Delhi
Reported in : (2002)74TTJ(Del)337
..... government of india are enforceable at law and consequently, any agreement opposed to such policy would be void. even otherwise, section 23 of the contract act itself declares the agreement void if it is opposed to public policy. thereforee, the contention of the learned senior departmental representative that only the prohibition by ..... permission of the textile commissioner in spite of prohibition against sale of spindles without such permission contained in a control order issued under the essential commodities act, the agreement being illegal, could not be enforced. for similar reasons, the buyer who had paid advance in pursuance of the agreement, would not ..... disposed of in view of the absolute prohibition by the provisions of woollen textiles (production and distribution) control order, 1962, issued under the essential commodities act, 1955. consequently, the suit could not be decreed in favor of the plaintiff. after referring to various decisions of hon'ble supreme court, the high .....
Tag this Judgment!Court : Delhi
..... respondent to the appellant to `10,000/- per month which shall be paid by the respondent from the date appellant filed the application under section 24 of the hindu marriage act. noting that the learned judge, family court has not granted any litigation expenses to the appellant we direct respondent to pay appellant litigation expenses in sum of `25,000/-.13 .....
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