Court : Delhi
..... provided that after the commencement of the indian medical council (amendment) act, 2001, no such amendment shall be made in part ii of the third schedule include any primary medical qualification granted by any medical institution outside india: to provided further that nothing contained in the first proviso shall apply to inclusion in part ii of the third schedule any primary medical qualification granted by any medical institution outside india to any person whose name is entered in the indian medical register. ..... this court is not persuaded to accept that the petitioners have any legal right to insist that the qualification as awarded by the university be entered in the indian medical register as an additional qualification against their respective names, notwithstanding that the said qualification is not a recognised medical qualification under the imc act.43. ..... it is clear from the plain language of section 26(1) of the imc act that only a recognized medical qualification can be entered in the indian medical register against the name of the medical practitioner. ..... the petitioner was admitted to the degree program with the university during the period 27.09.2010 to 07.09.2012. ..... mr zorawar singh, advocate for r-3/punjab medical council. ..... mr zorawar singh, advocate for r-3/punjab medical council. ..... (c) 6479/2016 & other connected matters page 3 of 25 mr zorawar singh, advocate for r-3/punjab medical council. ..... mr zorawar singh, advocate for r-3/punjab medical council. .....
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..... one of the objections taken by the defendant was that the facility agreement was not properly stamped as per the indian stamp act and the agreement is liable to be impounded. ..... one of the objections raised by the learned counsel is that the personal guarantee executed by the defendant is a document which is required to be stamped under the indian stamp act. mr. ..... while, there is no doubt that an agreement of which enforcement is sought, requires to be stamped under section 35 of the indian stamp act, 1891, the defect of non-stamping can be cured. ..... registry is directed to sent authenticated copy of personal guarantee (lying on page no.105-110 in part iii volume i) alongwith stamp papers already deposited by the plaintiff on 5.3.19 and certificate as per section 38 of indian stamp act to collector of stamp/sdm, 12/1, jam nagar house, shahjahan road, new delhi-110011 for taking further necessary action. ..... , (1976) 4 scc687 will now stand superseded, given the amendment of order 37 rule 3 and the binding decision of four judges in milkhiram case [milkhiram (india) (p) ltd. v. ..... n&s&n consultants s.r.o, 2012 (129) drj113to argue that even if the declaration of guarantee breaches foreign exchange laws prevalent in the cs comm8962018 page 6 of 32 country, the appellant may be prosecuted for the same, but does not render the guarantee as null and void. ..... n&s&n consultants s.r.o, reported as 2012 (129) drj unity infraprojectrs limited vs. .....
Tag this Judgment!Court : Delhi
..... ix) since it is the obligation of the promoters/builders on the one hand and owner on the other hand to execute and register such a deed of apartment, in the event of failure to execute, this non-action can be treated as evading payment of necessary stamp duty and registration charges, necessary penalty can be imposed by the registrar under the indian stamp act, the registration act and action for recovery of necessary charges can also be initiated. ..... however, till the time the amendments are brought in the said act, the court felt that a mechanism ought to be laid down to ensure that apartment/flat owners are able to enjoy the benefits of the said legislation. ..... since the builder and its maintenance agency did not cooperate with the plaintiff-association despite a majority of the flat buyers being its members, the association addressed notice dated 27th december, 2012 and called upon the defendants to hand over the maintenance and all other related services of vijaya building to the plaintiff-association. ..... the commissioner also verified records of the plaintiff to show that between the period from 7th december, 2012 to 6th september, 2016, the gujral family had paid maintenance and repair charges to the defendants. ..... the plaintiff-association has been formed since 2012 and has addressed multiple notices to the defendants - only to fall on deaf ears.36. ..... the said association was registered with the registrar of societies under registration number - s/154/2012. .....
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..... ) and at least 156 days of contribution was paid by the insured person during the immediately preceding four contribution periods with eligibility for sickness benefit in at least two ..... 699/2018 page 14 of 56 dependant upon the earnings of the insured person insured person insured person is defined under section 2(14) of the esi act as follows : insured person means a person who is or was an employee in respect of whom contributions are or were payable under this act and who is, by reason thereof, entitled to any of the benefits provided by this act amendment to clause 5.3 the ip should have been in continuous employment for last two years as on date of diagnosis of the sst (other than cases of employment injury ..... b) indian council of medical research (icmr) to constitute a division or identify one of its existing divisions, to promote research and development in the field of rare diseases for diagnosis and treatment of rare diseases, including through ..... punjab national bank, 2010 vii ad ( ..... master lalit 28.02.2012 gaucher 04.05.14 whether eligible for sst treatment as per esic guidelines criteria notified vide circulars dated 07.11.2016 and 15.12.2016 .....
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..... ) and at least 156 days of contribution was paid by the insured person during the immediately preceding four contribution periods with eligibility for sickness benefit in at least two ..... 699/2018 page 14 of 56 dependant upon the earnings of the insured person insured person insured person is defined under section 2(14) of the esi act as follows : insured person means a person who is or was an employee in respect of whom contributions are or were payable under this act and who is, by reason thereof, entitled to any of the benefits provided by this act amendment to clause 5.3 the ip should have been in continuous employment for last two years as on date of diagnosis of the sst (other than cases of employment injury ..... b) indian council of medical research (icmr) to constitute a division or identify one of its existing divisions, to promote research and development in the field of rare diseases for diagnosis and treatment of rare diseases, including through ..... punjab national bank, 2010 vii ad ( ..... master lalit 28.02.2012 gaucher 04.05.14 whether eligible for sst treatment as per esic guidelines criteria notified vide circulars dated 07.11.2016 and 15.12.2016 .....
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..... the change made in section 28(3) by the amendment act really follows what is stated in paragraphs 42.3 to 45 in associate builders (supra), namely, that the construction of the terms of a contract is primarily for an arbitrator to decide, unless the arbitrator construes the contract in a manner that no fair-minded or reasonable person would; in short, that the arbitrator's view is not even a possible view to take. ..... thus, it is clear that public policy of india is now constricted to mean firstly, that a domestic award is contrary to the fundamental policy of indian law, as understood in paragraphs 18 and 27 of associate builders (supra), or secondly, that such award is against basic notions of justice or morality as understood in paragraphs 36 to 39 of associate builders (supra). ..... shiel claims that a formal written distributorship agreement stamped on behalf of the samsung, which is dated 7 august 2009, was dispatched to omp(comm) no.248/2017 page 2 of 39 it for signatures. ..... clearly, shiel felt that the parties needed to work at reconciliation of the accounts and thus, inter alia, made a suggestion to that effect in its reply dated 21 december 2012.23. ..... 4.5 consequent thereto, on 14 january 2012 samsung filed its statement of claim (in short soc ). ..... in response thereto, shiel filed its statement of defence (in short sod ) on 16 july 2012. .....
Tag this Judgment!Court : Delhi
..... : (ii) amend the register of members of the jvc to reflect jindal saw as the legal and beneficial owners of the aperam shares; (iii) to approve the amendment to the articles of association, amended to provide for the provisions herein and adopt the reinstated cs(comm) nos.1314/2016 & 45/2017 page 15 of 50 articles of association subject to approval of the same in the shareholders meeting; (iv) to change the name of the jvc excluding the name iup from the name of the jvc or anything resembling it; (v) to convene an extra-ordinary general meeting of the shareholders of the jvc at shorter notice on the closing date ( egm ) to approve the amendments of the ..... no option but to list the suit for trial, howsoever negligible, in the light of documents and circumstances, the weightage to be attributed to a factual plea taken in the pleadings be, the commercial courts act, introduced with the object and reason of early resolution of commercial disputes to create a positive image to the investor world about the independent and responsive indian legal system, has done away with that and entitled the courts to weigh, on the basis of pleadings and materials on record, the real prospect of succeeding on the claim or defence, unless .....
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..... : (ii) amend the register of members of the jvc to reflect jindal saw as the legal and beneficial owners of the aperam shares; (iii) to approve the amendment to the articles of association, amended to provide for the provisions herein and adopt the reinstated cs(comm) nos.1314/2016 & 45/2017 page 15 of 50 articles of association subject to approval of the same in the shareholders meeting; (iv) to change the name of the jvc excluding the name iup from the name of the jvc or anything resembling it; (v) to convene an extra-ordinary general meeting of the shareholders of the jvc at shorter notice on the closing date ( egm ) to approve the amendments of the ..... no option but to list the suit for trial, howsoever negligible, in the light of documents and circumstances, the weightage to be attributed to a factual plea taken in the pleadings be, the commercial courts act, introduced with the object and reason of early resolution of commercial disputes to create a positive image to the investor world about the independent and responsive indian legal system, has done away with that and entitled the courts to weigh, on the basis of pleadings and materials on record, the real prospect of succeeding on the claim or defence, unless .....
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..... even presuming that time was not prescribed, the same has to be read as being reasonable time under section 46 of the indian contract act, 1872 which reads as under: 46. ..... the builder has not been negligent in performing its obligations under the contract; neither of the parties can be blamed for the delay in achieving progress in the project; the owners ought not to have terminated the agreement since it was only after conversion from leasehold to freehold, that the plans could have been sanctioned; reasonable time under section 46 of the contract act has to be construed in the facts and circumstances of each case; both the parties were unaware of the fact that the property was institutional in nature. ..... the building plans to be sanctioned in accordance with the amended bye-laws would be subject to provisions of the layout plans and, service plans already sanctioned, and no such lay out/service plans would be amended for provision of augmented municipal services such as water, power, sewerage, road widening, circulation, parking, parks (green areas) etc. ..... punjab & sind bank and ors. ..... , [osa no.9/2005 (decided on 14th june, 2012)]. .....
Tag this Judgment!Court : Delhi
..... the period of limitation to file an appeal under section 14a(3) of the sc/st (prevention of atrocities) amendment act, 2015, (hereinafter referred to as the sc/st act) is ninety days. ..... section 14a of the amending act, considered by the full bench of the allahabad high court, reads as follows:"14a. ..... we may now turn to the decision of the full bench of the allahabad high court in in re provision of section 14a of sc/st (prevention of atrocities) amendment act,2015 (supra). ..... aggarwal further submits that the full bench of allahabad high court in in re provision of section 14a of sc/st (prevention of atrocities) amendment act, 2015, wp (crl. ..... national investigation agency, 2014(1) glt1 manu/gh/1056/2012 to submit that the nia act is a special enactment, and that when a scheduled offence under the said act is being investigated by the national investigation agency, the person arrested by the nia would automatically loose his right to approach the high court or court of sessions under section 439 of the code for his release on bail. ..... state of punjab, (2008) 16 scc417 wherein the supreme court observed: 114. .....
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