Court : Delhi
Reported in : [1974]44CompCas359(Delhi); [1974]95ITR229(Delhi)
..... , : air1972cal381 the question arose as to the application of article 137 to an application for pre-emption under the west bengal land reforms act, a special statute, and after considering the comparative phraseology of articles 181 and 137, the definition of the term ' application ' in the new act, the statement of objects and reasons and the legislative history of the new act, it was held that, on its true construction, article 137 would take within its sweep applications other ..... for the court, considered the earlier decision of the supreme court in town municipal council, athani and noticed that article 137 had been held to be inapplicable to applications made under section 33-c(2) of the industrial disputes act in that case on two grounds and while agreeing with the earlier decision in respect of the ground that the article had no application because the industrial tribunal or labour court was not a court to which article ..... the union filed the petition out of which the present appeal has arisen on may 22, 1965, under section 153a(1)(f) of the act of 1913 read with section 647 of the act of 1956, in the court of the district judge, delhi, praying that the court may be pleased to make an order ' providing for payment and discharge of the said liability of respondent no. ..... ' two similar applications made by the union earlier had been dismissed by the district judge, delhi, in default by two successive orders of october 10, 1963, and april 15, 1965. .....
Tag this Judgment!Court : Delhi
Reported in : II(2008)BC619; [2009]151CompCas485(Delhi)
..... the forum was governed by the provisions of the goa, daman and diu (extension of code of civil procedure, 1908 and arbitration act, 1940) act, 1965 (central act xxx of 1965) read with the provisions of the goa, daman and diu civil court act, 1965 (goa act xvi of 1965) both of which came into force simultaneously on june 15, 1966 and the appeal was required to be filed in the ..... were extended to the union territories of goa, daman and diu and the corresponding provisions of the portuguese code were repealed while under the goa act xvi of 1965 the instant suit which was pending before the comarca court at margao was continued and decreed by corresponding court of the senior civil judge, who ultimately decreed ..... procedural aspect, one has only a right of prosecution or defense in the manner as prescribed by the law for the time being and in the event of any change of procedure by an act of parliament one cannot possibly have any right to proceed with the pending proceeding excepting as altered by the new legislation and a such we need not dilate on the issue any further.11. we ..... wherein, it observed:.from the law settled by this court in various cases the illustrative though not exhaustive principles which emerge with regard to the ambit and scope of an amending act and its retrospective operation may be culled out as follows:(i) a statute which affects substantive rights is presumed to be prospective in operation unless made retrospective, either expressly or by necessary ..... west .....
Tag this Judgment!Court : Delhi
Reported in : ILR1976Delhi753
..... in the production or publication of newspapers or in news agencies: provided that nothing in this clause shall be deemed to confer on the council any functions in regard to disputes to which the industrial disputes act, 1947, applies; (j) to study developments which may tend towards monopoly or concentration of ownership of newspapers and news agencies, including a study of the ownership or financial structure of newspapers and news agencies ..... prima-facie, and in the absence of anything in the statute to the contrary it is the duty of the authority to act judicially and the decision of the authority is a quasi-judicial act ; and (ii) that if a statutory authority has power to do any act which will prejudicially affect the subject, then, although there are not two parties apart from the authority and the contest ..... and assistant editor of the daily hindustan times, new delhi, also addressed a complaint to the chairman of the press council under sections 12(2)(a) and (e) of the act, read with regulation 16 to remove, what he alleges, a grave threat to the freedom of the press and independence of the newspapers flowing from the decision ..... act to establish a press council for the purpose of preserving the freedom of the press and of maintaining and improving the standards of newspapers and news agencies in india was enacted by parliament, being press council act 1965 (act 34 of 1965), (hereinafter called the 'act ..... . state of west bengal and another, : [1975]2scr674 the ..... west ..... west .....
Tag this Judgment!Court : Delhi
Reported in : 1984(2)Crimes734; 26(1984)DLT486
..... the state of west bengal, : 1959crilj1368 , it has been urged that it is only when a magistrate applies his mind for the purpose of proceeding under section 200 and subsequent sections of chapter xv of the code or under ..... gill have been committed by additional chief metropolitan magistrate, new delhi, vide order dated 16th april 1984 to stand trial on charges under sections 3, 5, 6, 9 of the official secrets act, 1923 (for short the act) read with section 120-b of the indian penal code, on the ground that the offences are exclusively triable by the court of sessions. ..... satyen bhowmick and others, : 1981crilj341 , in which the supreme court while dealing with the ambit and scope of section 14 of the act observed that the said section does not in any way affect or over-ride the provisions of the code relating to inquiries or trials held therein and does not in ..... with advantage to superintendent and remembrancer of legal affairs, west bengal v. ..... of legal affairs, west bengal v. ..... merit as it evidently overlooks the first proviso to section 200 which lays down clearly that in cases of complaints by a court or by a public servant acting or purporting to act in the discharge of his official duties, examination of the complainant and his witnesses is not at all necessary. ..... state of assam air 1965 gua29, in which a complaint filed by a magistrate was found to be not covered by the provisions of section 195 of the code, in support of their contention that it was no part of the duty of the deputy .....
Tag this Judgment!Court : Delhi
Reported in : 43(1991)DLT698; 1991(21)DRJ7; 1991(33)ECC40
..... similarly, in case kedar nath bujoria v the state of west bengal 1954(5) scr 30 it was held that the fine of ..... principle is also well settled that statute should not be construed so as to create new disabilities or obligations or impose new duties in respect of transactions which were complete at the time the amending act came into force it was, thus, held that for the supplies which had been effected prior to the rate amended in 1964 the payment was to be made at the rate prior to the ..... to the effect that no person shall be convicted to any offence except for violation of law in force at the time of the commission of the act charged as an offence not be subjected to a penalty greater that which might have been inflicted under the law in force at the time of the commission of the act charged as an offence nor be subjected to a penalty greater that which might have been, inflicted under the law in force at the time of the ..... short question for consideration in this order is as to whether the provisions contained in section 37 of the narcotic drugs and psychotropic substances act (as amended) (hereinafter referred to as the act) would be applicable to applications for bail in cases prior to the coming into force of this amended section. ..... punjab, chandigarh and others : [1965]2scr36 section 9(l)(ii) of the punjab security of land tenures act, 195 3 provided, inter alias that no land owner is competent to eject a tenant except when such tenant fails to pay rent regularly without .....
Tag this Judgment!Court : Delhi
Reported in : 1997VAD(Delhi)265; 68(1997)DLT553; 1997(43)DRJ108; 1997RLR567
..... public duty; (ii) any person in the service or pay of a local authority; (iii) any person in the service or pay of a corporation established by or under a central, provincial or state act, or an authority or a body owned or controlled or aided by the government or a government company as defined in section 617 of the companies act, 1956 (1 of 1956); (iv) any judge, including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory functions; (v) any person ..... trade or banking, receiving or having received any financial aid from the central government or a state government or from any corporation established by or under a central, provincial or state act, or any authority or body owned or controlled or aided by the government or a government company as defined in section 617 of the companies act, 1956 (1 of 1956) (x) any person who is a chairman, member or employee of any service commission or board, by whatever name called, or a member of any selection ..... not because these points have not been met squarely in the judgments referred to above, make a mention to yet another judgment of the supreme court in superintendent and rememberancer of legal affairs, west bengal vs. ..... in the president's reference no.1 of 1964 (1965) 1 scr 413: 'these two august bodies as well as the executive which is another constituent of a democratic state, must function not in antimony (sic) nor in a spirit of hostility, but rationally, harmoniously and .....
Tag this Judgment!Court : Delhi
Reported in : 2003(1)SLJ151(Delhi)
..... note of the bangladeshi counterpart was issued, but the same had not been made part of the proceedings.the learned counsel would contend that in terms of section 87 of the bsf act, the provisions of the indian evidence act would apply and in that view of the matter the purported protest note whereupon the entire prosecution case is based, was inadmissible in evidence as the maker of the report were not ..... state of west bengal, : 1966crilj75 , it has been held that 'the above constitutional provision contains a fundamental right based on the principle of 'autrefois convict' ..... in law as rule 45 of the bsf rules had not been complied with and, thus, the petitioner had not been prejudiced and in that view of the matter, there was no bar in the bsf act and the rules for trial of the petitioner, particularly when the earlier proceedings were set aside on technical ground.as regard constitution of court by shri b.k. ..... court, an accused is deprived of benefit of the service of a law officer in terms of section 83 of the bsf act.section 70 of the bsf act provides that a summary security force court may be held by a commandant of a unit and he alone would constitute the court ..... 'the apex court noticed the submissions that upon general survey of the provisions of the army act and the army rules, a judge-advocate for all intent and purport is the court and the court martial is the jury so far as trial of the accused is concerned, although did not ..... : [1965]1scr678 , while referring to its decision in .....
Tag this Judgment!Court : Delhi
Reported in : ILR1978Delhi178
..... impugned orders were passed without application of mind andthe grounds do not disclose how any or every confidential documentcould affect the security of india or that a document may be secretwithin the meaning of the official secrets act but may not jeopardisethe security of india or that the first respondent failed to consider thatthe petitioner could not in future be expected to indulge in the activitieswhich he allegedly indulged in earlier on account of his ..... the state of west bengal, : 1974crilj690 is clearly attracted to the ..... state of west bengal andothers, ..... readingof these letters and the notes made by the first respondent on herfile on receipt of these communications that she was acting under thedictate of the home ministry and the superintendent or police andnot on the application of her own independent judgment. ..... is illegal because its intention and itseffect was to defeat the mandatory provisions of section 10 of the act which required that the petitioner's case ought tohave been submitted 'to the advisory board within 30 daysof his ..... as we have observed in mahabirparshad's case supply of sensitive secret documents may be an offenceunder the official secrets act or under the penal code but it hasto be shown that the nature of the documents was such which imperilled ..... order of 'deemed suspension' witheffect from 4/02/1977 was passed in respect of the petitionerunder the provisions of rule 10(2) of the central civil services(classification, control & appeal) rules, 1965. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1983Delhi691
..... rates of admission must be rejected outright if' it is meant to establish that because when the original license was granted, there was no power of regulation to fix rates for admission, in the central act, no such provision like punjab act can be extended which would give such power for, as said in munn's case (supra) that 'it matters not in this case that these plaintiffs in error had built their warehouses and established their ..... licensee cannot increase the rates for admission to the cinematograph exhibition without first getting the written approval of the licensing authority as required by section 7a of the punjab act; (v) that if the licensee increases the rate of admission without the approval obtained under section 7a (2) punjab act he will be contravening the provisions of section 7a and action to suspend or revoke the license can be validly taken under rule 8 of the delhi cinematograph rules; ..... on december 7, 1957 the central government purported to make an amendment in the notification issued in 1951 by which the bengal finance sales tax act had been extended by pureorting to modify sub-section 2 of section 6 by adding clause (aa) substituting for the words 'not less than 3 months' the words 'such previous notice as ..... liberty cinema ; : [1965]2scr477 section 448 of the calcutta municipal act provided that every license granted under the act shall specify a tax or fee which may be charged at such rate as may from time to time be fixed ..... west bengal, and maharashtra ..... west .....
Tag this Judgment!Court : Delhi
Reported in : 172(2009)DLT319
..... states, though not parties, should also take necessary steps in the light of the recommendations made by the committee, the directions contained in the memorandum of the government of west bengal dated august 22, 1995 and the further directions given herein.40. ..... on the terrible general inheritance of india of acute deprivation, deficient schooling, lack of medical attention for the poor, and extraordinary undernourishment (especially of children and also of young women), then the pressure on democratic governance acts relentlessly towards giving priority to only those particular new issues, rather than to the gigantic persistent deprivations that are at the root of so much inequity and injustice in india. ..... if it is shown that the exercise of the power is arbitrary unjust and unfair, it should be no answer for the state its instrumentality, public authority or person whose acts have the insignia of public element to say that their actions are in the field of private law and they are free to prescribe any conditions or limitations in their actions as private citizens, simplicitor, do in the field of ..... the state of west bengal alone is a party to ..... the right to health is recognized, inter alia, in article 5(e)(iv) of the international convention on the elimination of all forms of discrimination of 1965, in articles 11.1(f) and 12 of the convention on the elimination of all forms of discrimination against women of 1979 and in article 24 of the convention on the rights of the child of .....
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