Court : Delhi
..... the writ petition filed by the appellant before the bombay high court was against the msme council, and filing of the said petition would not oust the jurisdiction of the court to deal with petition under section 34 of fao (os) (comm) 92/2019 page 20 of 21 the amendment act and accordingly, the contention of the respondent that the filing of the aforesaid writ petition bars the appellant to approach this court is rejected.25. ..... the amended act, does not, however, contain the aforesaid amendments, presumably because the balco[balco v. ..... herein below: 34.0 arbitration and governing law341 arbitration: all disputes or differences which may arise fao (os) (comm) 92/2019 page 6 of 21 to which out of or in connection with or are incidental to the agreement(s) including any dispute or difference regarding the interpretation of the terms and conditions of any clause thereof which cannot be amicably resolved between the parties may be referred to arbitration of a person selected by the vendor out of a panel of three persons nominated, by the general manager of the unit or project of indian oil the contract relates. ..... , (2012) 9 scc552: (2012) 4 scc (civ) 810]. ..... v punjab state power corporation ltd. .....
Tag this Judgment!Court : Delhi
..... of a common judgment dated 15.09.2018 and order on sentence dated 19.09.2018 passed by the learned additional sessions judge, north west, rohini courts, delhi in sessions case no.52223/2016, in fir no.180/2012, registered under sections 302/201/364/120b of the indian penal code (hereinafter referred to as ipc ) read with sections of the arms act at police station maurya enclave, whereby the learned sessions judge found the appellants guilty and sentenced them as follows: view all keeping facts ..... however, a perusal of the record transpires that the trial court vide order dated 05.02.2013 has amended the charges against the appellants including the charge under section 302 ipc which read as under: - the same thirdly, on intervening night of 17/18.07.2012 in furtherance of the above said criminal conspiracy you all i.e. ..... with regard to the importance of establishing motive in a case of circumstantial evidence, the hon ble supreme court of india in a very recent judgment titled as sukhpal singh vs state of punjab reported in 2019 scc online sc178 has held that the inability of the prosecution to establish motive in a case of circumstantial evidence is not always fatal to the prosecution case. ..... state of punjab reported in air1956sc526 28. .....
Tag this Judgment!Court : Delhi
..... of a common judgment dated 15.09.2018 and order on sentence dated 19.09.2018 passed by the learned additional sessions judge, north west, rohini courts, delhi in sessions case no.52223/2016, in fir no.180/2012, registered under sections 302/201/364/120b of the indian penal code (hereinafter referred to as ipc ) read with sections of the arms act at police station maurya enclave, whereby the learned sessions judge found the appellants guilty and sentenced them as follows: view all keeping facts ..... however, a perusal of the record transpires that the trial court vide order dated 05.02.2013 has amended the charges against the appellants including the charge under section 302 ipc which read as under: - the same thirdly, on intervening night of 17/18.07.2012 in furtherance of the above said criminal conspiracy you all i.e. ..... with regard to the importance of establishing motive in a case of circumstantial evidence, the hon ble supreme court of india in a very recent judgment titled as sukhpal singh vs state of punjab reported in 2019 scc online sc178 has held that the inability of the prosecution to establish motive in a case of circumstantial evidence is not always fatal to the prosecution case. ..... state of punjab reported in air1956sc526 28. .....
Tag this Judgment!Court : Delhi
..... of a common judgment dated 15.09.2018 and order on sentence dated 19.09.2018 passed by the learned additional sessions judge, north west, rohini courts, delhi in sessions case no.52223/2016, in fir no.180/2012, registered under sections 302/201/364/120b of the indian penal code (hereinafter referred to as ipc ) read with sections of the arms act at police station maurya enclave, whereby the learned sessions judge found the appellants guilty and sentenced them as follows: view all keeping facts ..... however, a perusal of the record transpires that the trial court vide order dated 05.02.2013 has amended the charges against the appellants including the charge under section 302 ipc which read as under: - the same thirdly, on intervening night of 17/18.07.2012 in furtherance of the above said criminal conspiracy you all i.e. ..... with regard to the importance of establishing motive in a case of circumstantial evidence, the hon ble supreme court of india in a very recent judgment titled as sukhpal singh vs state of punjab reported in 2019 scc online sc178 has held that the inability of the prosecution to establish motive in a case of circumstantial evidence is not always fatal to the prosecution case. ..... state of punjab reported in air1956sc526 28. .....
Tag this Judgment!Court : Delhi
..... of a common judgment dated 15.09.2018 and order on sentence dated 19.09.2018 passed by the learned additional sessions judge, north west, rohini courts, delhi in sessions case no.52223/2016, in fir no.180/2012, registered under sections 302/201/364/120b of the indian penal code (hereinafter referred to as ipc ) read with sections of the arms act at police station maurya enclave, whereby the learned sessions judge found the appellants guilty and sentenced them as follows: view all keeping facts ..... however, a perusal of the record transpires that the trial court vide order dated 05.02.2013 has amended the charges against the appellants including the charge under section 302 ipc which read as under: - the same thirdly, on intervening night of 17/18.07.2012 in furtherance of the above said criminal conspiracy you all i.e. ..... with regard to the importance of establishing motive in a case of circumstantial evidence, the hon ble supreme court of india in a very recent judgment titled as sukhpal singh vs state of punjab reported in 2019 scc online sc178 has held that the inability of the prosecution to establish motive in a case of circumstantial evidence is not always fatal to the prosecution case. ..... state of punjab reported in air1956sc526 28. .....
Tag this Judgment!Court : Delhi
..... in the meantime, in view of the undertaking given by the learned solicitor general of india that the appellant, till the disposal of the appeal is not going to proceed against the respondent under sub-section (8) of section 26 of the competition act, 2002 with regard to the report of the director general to the effect that the respondent has misused its dominant position as a vsf manufacturer and will also not pass order on the said report in terms of section 27 of the act, operation of the impugned judgment dated 17.12.2013 passed in w.p. ..... on 30th may 2011, information came to be filed with the cci under section 19 (1) of the act that all manufacturers of mmf, including gil, had lpa1372014 page 2 of 38 imposed anti-competitive restrictions on the indian textile industry. ..... when we consider the language of the order passed by the cci under section 26(1) dated 23.04.2012 the things become all the more clear to us. ..... under regulations 27 and 28, it is only the cci which can join multiple information and allow amendment of the information. ..... state of punjab (2010) 13 scc88and state of orissa v. md. ..... state of punjab (1986) 4 scc326and marathwada university v. ..... state of punjab 1962 (1) scr539 a.k. .....
Tag this Judgment!Court : Delhi
..... under the id act, and the labour court was not competent to adjudicate thereon, (vi) the claim of the petitioner was, moreover, hopelessly barred by time, (vii) the petitioner took voluntarily retirement, availing the benefits of the vrs scheme, from the service of the respondent, on 20th october, 2001, (viii) even till that date, the petitioner remained absent, without authority, on several occasions, and was also indulging in unlawful activities, (ix) during the period for which the petitioner served with the respondent, he was paid the salary ..... rajghat samadhi committee, 2012 scc online del 838 has, after digesting several authorities on the includibility of religious and spiritual enterprises, within the ambit of the expression industry , as contained in section 2(j) of the id act, pronounced on the issue. ..... with great respect, i am unable to concur with the approach adopted by the learned single judge of the high court of punjab and haryana in diocese of amritsar (supra). ..... diocese of delhi (cni) is neither an industry nor the claimant is a workman under the industrial disputes act, 1947 (as amended up-to-date). ..... to qualify for exemption from the definition of industry in a case where there are employers and employees and systematic activities and production of goods and services, we need a totally different orientation, organisation and method which will stamp on imprint of commerciality. .....
Tag this Judgment!Court : Delhi
..... section 13 of the act was amended by virtue of section 11 of the prevention of money-laundering (amendment) act, 2012 with effect from 15.02.2013. ..... the rigors of the aforesaid provisions have been relaxed by virtue of section 11(iii) of the prevention of money-laundering (amendment) act, 2012. ..... section 13(2) of the act was substituted by clause (iii) of section 11 of the prevention of money-laundering (amendment) act, 2012. ..... but insofar as the central amendment act reduces the punishment for an offence punishable under section 16(1)(a) of the act, there is no reason why the accused should not have the benefit of such reduced punishment. ..... to illustrate, if parliament were to reenact section 302 of the indian penal code, 1860 and provide that the punishment for an offence of murder shall be sentence for imprisonment for life instead of the present sentence of death or imprisonment for life, then it cannot be that the courts would still award a sentence of death even in pending cases.24. ..... state of punjab [air1965sc444 (1964) 7 scr676 (1965) 1 scj779 (1965) 1 cri lj360 , the question that fell for consideration was whether an appellate court can extend the benefit of probation of offenders act, 1958 which had come into force after the w.p. ..... appellant versus punjab national bank ..... .....
Tag this Judgment!Court : Delhi
..... the effect of the said amendment was that so far as the regulations of 1959 were in conflict with the amended act, the provisions of the said regulations got eclipsed, and could not be looked at while interpreting the scope of the amended provisions of the act, particularly, in relation to the cases which arose post the amendment of the act.75. ..... the amendment, particularly to sections 59 and 92 of the act by the delhi municipal corporation (amendment) act, 1993, has to be viewed in the context that it sought to remove several defects and deficiencies in the statutory scheme with regard to the hierarchical structure of the corporation, and the functioning of the corporation; the commissioner, and; its officers/ employees. ..... indeed, in considering the scope of section 59, the punjab and haryana high court in moti ram(supra) noted as follows: the commissioner is an authority under the corporation he is the chief executive head and the entire executive power vests in him under section 59 this reading was also supported by the supreme court in sh. b.s. ..... no.2695/2010 decided on 25.01.2012, but the supreme court dismissed the said appeals in limine on 26.08.2014, keeping all questions of law open. ..... ) nos.7932- 7933/2012 cbi vs. g.s. .....
Tag this Judgment!Court : Delhi
..... cases :-"(a) where it does not disclose a cause of action; (b) where the relief claimed is undervalued, and the plaintiff, on being required by the court to correct the valuation within a time to be fixed by the court, fails to do so; (c) where the relief claimed is properly valued, but the plaint is returned upon paper insufficiently stamped, and the plaintiff, on being required by the court to supply the requisite stamp-paper within a time to be fixed by the court, fails to do so; (d) where the suit appears from the statement in the plaint to be barred by any law : (e) where it is not filed in duplicate ..... it is further stated that the amendment in the hindu succession act, 1956, which took place on 9.9.2005 would not apply to the facts of this case as the succession opened up in 1991. ..... to the same effect are the judgments of the division bench of this court in the case of indian city properties ltd. vs. ..... ranjit kaur, 2012 vad (delhi) 186 this court held as follows:-" 5. .....
Tag this Judgment!