Court : Delhi
Reported in : 1997IVAD(Delhi)150; 68(1997)DLT200; 1997(42)DRJ128
..... follows: '(1-a) any power, authority or jurisdiction or any duty which the administrator may exercise or discharge ..... delhi on april 8, 1994. by virtue of section 2 of the amendment act, sub-section (1-a) was inserted in section 3 of the delhi (delegation of powers) amendment act, 1964 after sub-section 1 as ..... enrolled and not to respondent no. 5, who is a founder member of respondent no. 3-society.(4) shri sanghi placed reliance on copy of the delhi gazette (extraordinary) dated april 11, 1994 wherein the delhi (delegation of powers) amendment act, 1994, was published for general information after it was passed by the legislative assembly and assent thereto was accorded by the lt.governor of .....Tag this Judgment!
Court : Delhi
Reported in : 65(1997)DLT102
..... . he sent another representation dated 13.8.1994. the only reason for canceling the public auction was the direction of respondent u.o.i, in exercise of powers under section 41(3) of dda act and direction to dda not to allot aforesaid plots as alternative plots vide annexure 'f' the allotment of alternative plot in south zone was contrary to the ..... -a, no. b-5/1a situated in safdarjung enclave and b-104, b-105, b-106 east of kailash, new delhi. he has also sought writ quashing the provisions of section 41(3) of delhi development authority act (hereinafter called the 'dda act'), the provision allegedly being ultra virus of the constitution. the petitioner further seeks that directions be issued restraining allotment and handing ..... as may be issued to it from time to time by the central government for the efficient administration of this act. (2) if in, or in connection with, the exercise of its powers and discharge of its functions by the authority under this act, any dispute arises between the authority and the central government the decision of the central government on such dispute ..... section 41(3) and using the powers for the purpose of individual largess, we have to consider two questions: first, relating to the propriety of passing an order dated 20th july 1994; and second, relating to the virus of section 41(3) of the delhi development authority act. (8) it appears from perusal of annexure 'c' that the urban development minister had ordered .....Tag this Judgment!
Court : Delhi
Reported in : 1970CriLJ793
..... of the deputy commissioner. on january 8, 1964, the commissioner delegated all his powers vide exhibit ph to mr. tandon, the deputy commissioner. it is appropriate to read the said document--in exercise of the powers vested in me under section 491 of the delhi municipal corporation act, 1957, i hereby direct that all the powers conferred on me under the various provisions of ..... deal with the argument of mr. anthony that section 491 of the delhi municipal corporation act did nto authorise a blanket delegation and in terms provided for delegation 'in such circumstances and under such conditions, if any, as may be specified in the order.' mr. anthony said that delegation of all powers or duties without specification of the circumstances and the conditions was nto ..... remove. mr. anthony, in prayer for aid of the appellant that neither the power to appoint nor the power to remove could be delegated, placed reliance on a division bench decision of the punjab high court in munna lal gupta v. delhi municipal corporation, lpa no. 62-d of 1964, d/- 11-10-1966. that decision is of no assistance to mr. anthony ..... the said act, shall, subject to my supervision, control and .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : (1990)98PLR468
..... rehabilitation) office of the chief settlement commissioner jaisalmer house new delhi, dated the 1-5-1971. notification s. o....... in exercise of the powers conferred on the chief settlement commissioner by section 34(2) of the displaced persons (compensation and rehabilitation) act, 1964 (44 of 1964) he hereby delegates to shri j.s. quami, p.c.s., settlement officer ( ..... and 28 of the said act for the purpose of passing necessary orders under ..... sales) in the rehabilitation department of the punjab state exercising the powers of settlement commissioner, his powers under sections 23, 24 ..... learned counsel for the respondents pointed out that there was a specific notification dated 1st may, 1971, delegating the powers to shri j.s. quami to deal with the urban agricultural land under sections 23, 24 and 28 of the act. the notification is reproduced below :--' government of india ministry of labour employment & rehabilitation (department of .....Tag this Judgment!
Court : Delhi
Reported in : ILR1974Delhi907
..... officer to issue the requisite notices and to make the assessment, if otherwise such power can be spelt out from the other provisions of the act or the rules. by virtue of the powers vested in him by section 15 of the act, the commissioner delegated his powers and duties under the act, under section ii, inter alia, to make assessment of tax or to impose penalty ..... . the petitioners in the first two petitions carried on their business of purchase and sale of country liquor under a license auctioned by the excise department, delhi, for the excise year 1964-65 (1-4-1964 to 31-3-1965), while the petitioners in the third petition had the country liquor license for the excise year 1965-66 (1-4-1965 to 31 ..... no. 2 is declared as assessing authority in the case of m/s. madho ram lal chand, country liquor dealer, pusa road, new delhi, a dealer of ward no. 11.'by a corrigendum issued on december 9, 1964, the commissioner gave the correct name of the assessed as m/s. madho ram lal chand, charnjit singh, harbans lal khosla, bhagwat swarup and ..... -3-1966). (3) the sale of country liquor was 'exempt from payment of sale-tax levied under the bengal finance (sales-tax) act, 1941, as extended to the state of delhi (now the .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1967All327
..... one ram chandra who is the third defendant in the suit and the third respondent in this appeal. the plaintiff was prosecuted under section 7 of the essential supplies (temporary powers) act, but acquitted. he then made several applications for the return of his goods but to no effect. he then filed the present suit for the return of the 16 bags ..... 's case. civil appeal no. 105 of 1963, d/. 20-9-1964: (reported in air 1964 sc 1039) and its scope explained.the station officer who seized the plaintiff-respondents' goods acted in the discharge of statutory duties or, to use the words of the supreme court ''in the exercise of delegated sovereign power.' therefore, the state is not vicariously liable for any loss to ..... 1963 decided by the supreme court on 20-9-1964: (reported in air 1966 sc 1039). it has not yet been published in any law report, but my attention was drawn to it during the hearing of the appeal when a summary of the judgment of the supreme court appeared in a delhi newspaper, and i adjourned the case to enable the ..... counsel for the state to obtain a certified copy. in this case the court held that in considering the vicarious liability of the state for the negligent acts of its servants a distinction must be drawn between an .....Tag this Judgment!
Court : Supreme Court of India
Reported in : JT2007(2)SC1; (2007)3SCC184
..... it would perhaps suffice to mention two other undoubted privileges of the house of commons. it is not in dispute that the said house had a relatively unrestricted power of impeachment whereby it acted as the prosecutor whilst the house of lords was the final court or adjudicator for the same. would it be possible to assume within our constitution any such ..... by a written constitution and it does not possess the sovereign powers of the british parliament. the limits of the powers of delegation in india would therefore have to be ascertained as a matter of construction from the provisions of the constitution itself.[emphasis supplied]in special reference no. 1 of 1964 - up assembly case 1965 (1) scr 413, a bench of ..... :there is a basic difference between the indian and the british parliament in this respect. there is no constitutional limitation to restrain the british parliament from assigning its powers where it will, but the indian parliament qua legislative body is fettered ..... constitution. a legislature created by a written constitution must act within the ambit of its power as defined by the constitution and subject to the limitations prescribed by the constitution. any act or action of the parliament contrary to the constitutional limitations will be void.418. in re article 143, constitution of india and delhi laws act air 1951 sc 332, this court observed thus .....Tag this Judgment!
Court : Delhi
Reported in : 5(1969)DLT336; ILR1969Delhi356
..... general authorisation of a food inspector to prosecute all offences under the act was invalid. d. falshaw, j. (as he then was) observed that what the section meant was that the prosecution must be instituted either by some person duly authorised with delegated power or else by some person nto so delegated but with the written consent of an authorised person. the bench decision ..... , who filed the complaint, was nto an authorised person.(4) on the date when the sample of chillies-powder was purchased, section 10 of the act had nto been amended by the prevention of food adulteration (amendment) act, 1964. sub-section (7), as it then stood, required as far as possible nto less than two persons to be called to be present at ..... , filed a complaint against the petitioner. on the petitioner being tried by shri jagmohan, magistrate first class, delhi, he was convicted for an offence under section 7 read with section 16 of the prevention of food adulteration act, 1954 (hereinafter referred to as the act) and was fined rs. 400.00 only. the appeal filed by him against this conviction and sentence was ..... heard by shri r. n. agarwal, additional sessions judge, delhi and was dismissed on february 26, 1966. thereafter the present revision was filed .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1975Raj78; 1974(7)WLN774
..... governing cases of this type.5. it is well .to remember that the state government while exercising powers conferred upon it bv the central government, acts as a delegate of the central government and its powers flow from the directions issued by the central government from time to time under section 3 read ..... true that the central government has issued three notifications dated june 9, 1966, june 18. 1'966. and july 30, 1966. delegating its powers under section 5 of the act to the respective state government copies of the notifications dated june 9. 1966, and june 18, 1966, have 'been placed on ..... supply of the essential articles and to check adulteration therein. this committee had also recommended the display of prices order on the lines of the delhi display and prices order. it is stated that on these recommendations the state government had sent the impugned order to the central government and ..... 298 and wherein the whree principles stated bv nicholas have been reiterated. the same position of law appears to be endorsed bv the authority in air 1964 sc 1284. to my mind, therefore, there is no force in the contention of the learned additional advocate' general. the whole field of law ..... legislature occupy the same field.'8. the position of law again came to be examined in state of orissa v. tul-loch and co.. air 1964 sc 1284 wherein the supreme court has summarised the position thus:--'the best of two legislations containing contradictory provisions is not, however, the only criterion .....Tag this Judgment!
Court : Delhi
Reported in : AIR1969Delhi330; ILR1969Delhi426
..... ltd. ca 1857 and 1858 of 1967 d/- 23-2-1968 : 3scr251 . the question was whether section 150 of the delhi municipal corporation act suffered from the vice of excessive delegation. chief justice wanchoo speaking for the majority stated that the safeguards against the arbitrary exercise of the powers under the said section were to be found in various provisions of the ..... invalidated by the fact that the part c states to which it belonged were henceforth called union territories.in s. i. corporation (p) ltd. v. secretary, board of revenue : 4scr280 the supreme court had to consider the contention that an agreement which was validly entered into under article 278 of the constitution was automatically invalidated by the deletion of ..... to the commencement of the constitution meant the governor-general-in-council and after the commencement of the constitution meant the president. in jawantilal amratlal v. f. n. rana, : 5scr294 , the supreme court speaking through shah, j. observed that there was a distinction between functions which vested in the union of india and those which vested in the president ..... central government under section 3 of the act of 1946 is much more limited than the power given to the central government by the delhi laws act. the powers to extend the life of an ordinance given to the rajpramukh was also held to be conditional legislation in : 1scr605 . in basant kumar v. eagle rolling mills ltd., : (1964)iillj105sc , the central government was .....Tag this Judgment!