Court : Delhi
..... no.125/1958) from the provisions of rules 17 (2), 22, 15 & 26 of the tamil nadu societies registration act, 1978 for having filed belatedly the documents specified in sub-section (2) of section 15, sub-section (2) of section 16, sub-section (1) of section 13 & section 27 of the said act for the years 1979-80, 1980-81, 1983-84, 1984-85, 1985-86, 1992-93, 1995-96, 1996-97, 1997-98, 1999-2000, 2000-01, 2011-02, 2002- 03, 2003-04 along with form vii, form v and amendment to bye-law ..... liable to be set aside in as much as, the 4th respondent, aicf was working as an unregistered society after 1960 and after the enactment of tamilnadu societies registration act in 1978 it failed to get itself to be registered and regulated under the state act and it was notified as a defunct society in july 2005 and the same was subsequently confirmed. ..... of the powers conferred by sub-section (1) of section 54 of the tamil nadu societies registration act, 1975 (tamil nadu act 27 of 1975), the governor of tamil nadu hereby exempts the all india chess federation, chennai ..... according to the petitioner, after the enactment of tamil nadu societies registration act, 1975 ( 1975 act) , fresh bye-laws had to be filed with the registrar of societies, chennai and based on the said bye-laws, respondent no.2 could have been given the ..... compounding such illegal and malafide application instead of a condonation, the authorities have acted one step further by recommending grant of an exemption u/s 54 which was granted .....
Tag this Judgment!Court : Delhi
..... brothers aforesaid, mutually entered into / reached an oral family settlement dividing / partitioning their shares in respect of movable and immovable properties including various companies and partnership firms; the said oral family settlement was acted upon and recorded vide registered memorandum of family settlement dated 31st march, 2009; (v) in furtherance of the family settlement aforesaid, the entire property no.a-24-a, kailash colony, new delhi fell to the exclusive share ..... of the suit having been filed after nine years from the date when the plaintiff became the exclusive owner of the property is concerned, on enquiry as to which article of the schedule to the limitation act, 1963 are the defendants invoking, no answer is forthcoming. ..... devender kumar jain and rakesh kumar jain, acting in consonance with the family settlement, relinquished their share in the property aforesaid in favour of the plaintiff through registered relinquishment deed dated 31st march, 2009 and the property mutated in the exclusive name ..... @ balasaheb bapusaheb patel (1995) 2 scc543 mohan lal ..... section 54 of the transfer of property act, 1882 is clear, that such transfer/exchange of immovable property can be made only by a registered instrument and without a registered instrument there is no ..... can be imputed with the knowledge and understanding in effect of a registered document and would not be expected to, with the said knowledge and understanding, thereafter not act in consonance therewith. i. .....
Tag this Judgment!Court : Delhi
..... the stand taken, we are satisfied that in terms of rule 2 order 14 of the code of civil procedure, 1908, as amended by act 104 of 1976, the issue could have been heard and decided as a preliminary issue."24. ..... pratapsing mohansing pardeshi deceased through his heirs and legal representatives, jt 1995(7) sc 400, apex court observed;"the high court under article 227 of the constitution of india cannot assume unlimited prerogative to correct all species of hardship or ..... in the judicial review of administrative action de smith, wolf and jowell, 1995 edition, at pages 259-260 the law is stated, thus:the erosion of the distinction between jurisdictional errors and non-jurisdictional errors has, as we have seen, correspondingly eroded the distinction between void ..... in halsbury's laws of england, 4th edition, (reissue) volume 1(1) in paragraph 26, page 31, it is stated, thus:if an act or decision, or an order or other instrument is invalid, it should, in principle be null and void for all purposes: and it has been said that there are no degrees ..... and forsyth in administrative law, seventh edition -1994, have stated the law thus at pages 341-342:.every unlawful administrative act, however invalid, is merely voidable. ..... -known passage lord radcliffe said: "an order, even if not made in good faith, is still an act capable of legal consequences. ..... even though such an act is wrong and lacking in jurisdiction, however, it subsists and remains fully effective unless and until it is set aside by a court .....
Tag this Judgment!Court : Delhi
..... one is the court within whose local jurisdiction the act has been done and other is the court within whose local jurisdiction the consequence has ensued. ..... specifically provides that when an act is an offence by reason of anything which has been done and of a consequence which has ensued, the offence would be tried by a court within whose local jurisdiction such thing has been done or such consequence has ensued. ..... agreed enunciated the law as under :--"if the language is of a nature calculated to produce or to promote feelings of enmity or hatred the writer must be presumed to intend that which his act was likely to produce. ..... this explanation has been omitted by act xli of 1961. ..... it was enough to show that the language of the writing was of a nature calculated to promote feelings of enmity and hatred for, a person must be presumed to intend the natural consequences of his act. .....
Tag this Judgment!Court : Delhi
..... pratapsing mohansing pardeshi deceased through his heirs and legal representatives, jt 1995(7) sc 400, apex court observed;"the high court under article 227 of the constitution of india cannot assume unlimited prerogative to correct all species of hardship or wrong decisions. .....
Tag this Judgment!Court : Delhi
..... exercise of jurisdiction by the magistrate in such cases would be contrary to the act as the act envisages help from police of the local area where domestic violence had taken place and it envisages visit by the protection officer to the share household and to the place ..... bodily injuries and forwarding a copy of the report to the police station and the magistrate having jurisdiction over the area where domestic violence is alleged to have taken place and section 9(f) of the act envisages to make available a safe shelter home to the aggrieved person, if she so requires. ..... requires protection officer to ensure that the order for monetary relief under section 20 of the act is complied with and executed, in accordance with the procedure prescribed under cr.p.c. ..... i, therefore, consider that the temporary residence, as envisaged under the act is such residence where an aggrieved person is compelled to take shelter or compelled to take job or do some business, in view of domestic violence perpetuated on her or she either been turned out of the matrimonial home or has to leave ..... to be interpreted keeping in mind the purpose for which it has been enacted and the interpretation must be such so as to advance the purpose of the act and should not be such as to defeat the intention of the legislature.7. ..... if the wife was able to prove that her temporary residence was in delhi with her sister within the meaning of section 27 of the act, the trial court would have jurisdiction to decide the matter. .....
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1. whether reporters of local papers may be allowed to see the judgment?2. to be referred to the reporter or not?3. whether judgment should be reported in digest?1. this petition under section 397/401 read with section 482 of cr.p.c has been preferred by the revision petitioner for setting aside the judgment and order dated 22 nd march, 2003 passed by learned additional sessions judge, new delhi in sessions case no.104 of 2001 whereby the learned sessions judge acquitted the accused persons of charge under section 498a/304b 302 read with section 34 ipc.2. brief facts relevant for purpose of deciding this revision petition are that the petitioner's daughter mrs. arveen was married to mr. paramjit singh rana (respondent no.2) in 1984. she delivered a child on 26th august, 1987. she committed suicide by hanging herself from ceiling fan with the help of a chunni on 23rd november 1988. a case under section 302/498a/304b read with section 34 ipc was registered against the husband, father in law, brother in law and sister in law. when trial started, father of the deceased through state got appointed special public prosecutor in this case and ms. rani jethmalani a known criminal lawyer and mr. p.k dey her junior conducted the prosecution case.3. the learned trial court came to conclusion that it was not a case of dowry death and no case under section 498a/304b or 302 ipc was made out against the accused persons. dissatisfied with the judgment, this revision petition has been .....
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..... of adj and the learned adj after considering the material vide order dated 16th september, 2008, granted to the wife a monthly maintenance of ` 25,000/- from the date of filing of application under section 24 of hindu marriage act till the disposal of the case and awarded ` 10,000/- towards litigation expenses. 3. ..... ms priyanka khanna had moved an application before learned metropolitan magistrate (mm) under section 12 of protection of women from domestic violence act and also made an interim application for residence, protection and maintenance. .....
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..... notice that the wakf act, 1995 provides only for the appointment of a mutawalli of a wakf and contains no provision for appointment of imams of wakf properties, even if ..... opinion that in the face of the contentions of the petitioners that maulana syed ahmed bukhari has no right in law or otherwise to anoint his son as the naib imam and which is supported by the delhi wakf board, the anointment ceremony (dastarbandi) scheduled on 22nd november, 2014 even if not stayed would not amount to anointment / appointment of the said son of maulana syed ahmed bukhari as the naib imam of the ..... an advocate of this court present in court has interjected and informed that she is the member of the delhi wakf board and confirms that the announcement by maulana syed ahmed bukhari of anointment of his youngest son as naib imam ..... however no answer is still forthcoming as to why the delhi wakf board has not exercised any rights or supervision over the jama masjid or as to why the delhi wakf board has allowed maulana syed ahmed bukhari to appropriate all earnings from the said masjid and also not taken any action for accounts thereof being not ..... the delhi wakf board has been exercising over the said jama masjid and as to why the delhi wakf board has left the entire management of the jama masjid to maulana syed ahmed bukhari, the counsel is unable to explain except stating that though maulana syed ahmed bukhari was anointed as the imam of the jama masjid in the year 2000, the delhi wakf board ratified .....
Tag this Judgment!Court : Delhi
..... notice that the wakf act, 1995 provides only for the appointment of a mutawalli of a wakf and contains no provision for appointment of imams of wakf properties, even if ..... opinion that in the face of the contentions of the petitioners that maulana syed ahmed bukhari has no right in law or otherwise to anoint his son as the naib imam and which is supported by the delhi wakf board, the anointment ceremony (dastarbandi) scheduled on 22nd november, 2014 even if not stayed would not amount to anointment / appointment of the said son of maulana syed ahmed bukhari as the naib imam of the ..... an advocate of this court present in court has interjected and informed that she is the member of the delhi wakf board and confirms that the announcement by maulana syed ahmed bukhari of anointment of his youngest son as naib imam ..... however no answer is still forthcoming as to why the delhi wakf board has not exercised any rights or supervision over the jama masjid or as to why the delhi wakf board has allowed maulana syed ahmed bukhari to appropriate all earnings from the said masjid and also not taken any action for accounts thereof being not ..... the delhi wakf board has been exercising over the said jama masjid and as to why the delhi wakf board has left the entire management of the jama masjid to maulana syed ahmed bukhari, the counsel is unable to explain except stating that though maulana syed ahmed bukhari was anointed as the imam of the jama masjid in the year 2000, the delhi wakf board ratified .....
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