Court : Supreme Court of India
Decided on : Mar-28-2000
Reported in : JT2000(9)SC163
..... high court has brushed aside their evidence on the ground that they are closely related and the evidence of pw-10 indicates that his wife - gurvinder kaur and mother-in-law daljit kaur has no joint account in the bank at ambala from which account, it is alleged, that the money of rs. 10,000 and rs. 5,000 has been ..... are inimically disposed of and being related to the deceased and, therefore, their evidence does not stand the strictest scrutiny which is required to be made by a court of law before accepting the testimony in question. ultimately, the high court acquitted the accused persons of the charge under section 498a, i.p.c. also.4. the learned counsel for the ..... the accused-appellants of the said charge, but relying upon the testimony of the brother of the deceased (pw-9), brother-in-law of the deceased (pw-10), the maternal uncle of the accused (pw-8) and mother-in-law of pw- 9 (pw-11), came to the conclusion that the ingredients of section 498a i.p.c. have been duly established .....Tag this Judgment!
Court : Delhi
Decided on : Oct-31-2000
Reported in : 2000VIIAD(Delhi)1009; AIR2001Delhi258; 88(2000)DLT506; 2001(2)RAJ87
..... a 'nil' statement of accounts and stated in their and affidavit - 'that the defendant (care) is an international voluntary agency and faithfully keeps all accounts and documents as required by law. some documents are forwarded to its head office at new york certain others are handed to international agencies through whom it receives funds and grants and its own account is .....Tag this Judgment!
Court : Delhi
Decided on : Feb-07-2000
Reported in : 2000IIIAD(Delhi)111; [2000(86)FLR295]
..... provision (union of india vs . h.n. kirtania. : 3scr397 and gujarat state electricity board vs . a.r. sungomal poshani. : (1989)iillj470sc ). it is also an admitted position in law like that such guidelines relating to transfer confer no right on the employees and employee cannot file the writ petition for enforcement of these guidelines. (bank of india vs . jagjit ..... very rightly considered and rejected the representations submitted by the petitioner against his transfer. 5.i have considered the respective submissions of both the parties. it is now well settled law that it is right of the employer to transfer an employee and transfer can be interfered with by the courts only if it is mala fide or against any statutory .....Tag this Judgment!
Court : Delhi
Decided on : Dec-21-2000
Reported in : 2001IIAD(Delhi)270; AIR2001Delhi326; 90(2001)DLT60; 2001(57)DRJ430
..... the order of the government can be canvassed and, indeed, it has no jurisdiction to substitutions own view...for the entirety of the power, jurisdiction and discretion...is vested by law in the government'.25. similarly, in asif hameed vs.jammu & kashmir : 3scr19 , the supreme court enumerated the power of judicial review of administrative action in the following words ..... decision of the government in issuing the impugned notification dated 14th october, 1999 is absolutely logical and rational. learned counsel further submitted that it is a settled position in law that when the government takes a decision on the basis of the recommendation of the experts of the field, even if another view is possible, the courts would not ..... government were not fulfilled. such a decision, it was submitted, was clearly unsustainable and could be judicially reviewed. for this proposition, reliance was placed on barium chemicals laboratories versus company law board : 1scr898 , rohtas industries versus s.d. aggarwal : 3scr108 .4. it was further submitted that the entire record produced by the respondents shows that the reason ..... dtab or drug consultative committee while arriving at its satisfaction. a decision without following any principle or rule is unpredictable and antithesis of a decision in accordance with rule and law. it was the contention of the petitioners that nothing is placed by the government to show any material in support of banning the drug. on the contrary, there .....Tag this Judgment!
Court : Delhi
Decided on : Oct-24-2000
Reported in : 2000VIIAD(Delhi)1213; AIR2001Delhi39; 88(2000)DLT786; 2000(57)DRJ70
..... making payments of four installments and part of the 5th instalment, the dda is estopped from acting contrary to the scheme. she argued that it was an established principle of law that when a party alters its position pursuant to a promise or assurance of another party, the latter cannot be allowed to go back on the promise or assurance which ..... flats ready for allotment. clause (14) of the scheme has to be understood in this context - the steady rise in the cost of construction and of land. no provision of law also could be brought to our notice in support of the proposition that mere draw of lots vests an indefeasible right in the allottee for allotment at the price obtaining .....Tag this Judgment!
Court : Delhi
Decided on : Dec-20-2000
Reported in : 2001IIIAD(Delhi)599
..... is a common area and only the allottees of spaces on the ground floor have the exclusive rights nor such inferences can be drawn either in facts and/or in law in respect of construction portion efgh. the allegation that the defendant no.1 has no right or interest therein is denied in the facts and circumstances. the allegation is false ..... .1 attached to the plaint; there is also some open space in the rear appertaining to the said flats, which is compulsorily to be left unbuilt under the building bye-laws. under the delhi apartment ownership act, 1986, the common areas and facilities belong jointly to all the apartments owners. the common areas and facilities as defined in the said act ..... rate of rs.60,276.00 p.m. till 31.3.1996 (the currency of the agreement) and thereafter to deal with it in any manner whatsoever in accordance with law; (iii) to pass a decree for permanent injunction in favor of the plaintiff and against the defendant no.1 restraining defendant no.1 from realizing any charges whatsoever in respect ..... and appurtenance right after realizing full sale consideration. the open space shown in red and as green in annexure-p1 is compulsorily to be left unbuilt under the building bye-laws. under the delhi apartment ownership act, 1986, the common areas and the facilities belong jointly to all the apartment owners. in this back ground the plaintiff has in the amended .....Tag this Judgment!
Court : Delhi
Decided on : May-26-2000
Reported in : 2000(54)DRJ749
..... proceedings are initiated either in court or in department and the suspension continues, continuation of such a suspension would be illegal. vi. when criminal trial is pending in court of law and the same is taking time to conclude, in such cases also, it would depend on the facts and circumstances of each case as to whether the continuation of suspension ..... in the criminal court and thereforee they cannot be faulted with because of the delay taking place in criminal proceedings before the courts. 13. let us scan through whatever case law is available on the subject. 14. in the case of k. sukhinderreddy vs . state of a.p. and another : (2000)illj474sc appellant and ias officers were placed under suspension under ..... completing the investigation. after the investigation if the report of such an agency is that the offence is made out and charge-sheet is filed in the competent court of law, than further conduct of proceedings is under the charge of such criminal court which may take its own time in concluding the trial. it is often seen that these proceedings ..... ordera.k. sikri, j.1. the question of law which arises in these two petitions is common. dispute is not about the validity of the suspension order when passed. however, in both these petitions, petitioners state that suspension is .....Tag this Judgment!
Court : Delhi
Decided on : Mar-03-2000
Reported in : 2000IVAD(Delhi)433; 2000(56)DRJ355
..... 18.1.99 passed by the trial court is also set aside. suit is remanded back with the directions to proceed with the trial of the suit in accordance with law. trial court will also decide the issue of limitation afresh, after allowing the parties to lead evidence as the suit has been remanded for trial. the appellant will be entitled ..... the fact that the cheque in question was sent for collection after 18th march, 1995. 11. in our considered view the trial court appears to have misread and misapplied the law laid down by the supreme court in jeewan lal's case (supra), which was a case of a post dated cheque. supreme court in that case held mere delivery of ..... cheque was delivered on 11.03.1995 at the residence of the plaintiff as he was in the need of the money. the alleged application is not maintainable under the law as the section 5 of the limitation act does not apply to the suits filed beyond the period of limitation. it applies only to filling of various miscellaneous applications. the ..... record. learned counsel for the appellant argued that the trial court completely misread and misconstrued the material on record. it was argued that the trial court has wrongly applied the law laid down by the supreme court in jeewan lal acharya vs . rameshwar lal agarwala, : 1scr190 . learned counsel for the defendant argued to the contrary. 9. in order to appreciate .....Tag this Judgment!
Court : Delhi
Decided on : Mar-14-2000
Reported in : 2000IVAD(Delhi)461; 2000(53)DRJ696; 243ITR246(Delhi)
..... recovered? 31. section 90 of the finance act vests jurisdiction in the designated authority to 'determine' the amount payable by the declarant under the scheme. according to the black's law dictionary the term 'determination' means 'the decision of a court or administrative agency. it implies an ending or finality to a controversy or suit'. the use of the term 'determination ..... by such order and no matter covered by such order shall be reopened in any other proceeding under the direct tax enactment or indirect tax enactment or under any other law for the time being in force. 15. section 91 provides that on fulfillment of certain conditions stipulated in section 90, the designated authority shall grant immunity from instituting any proceedings ..... matters stated therein and no matter covered by such order shall be reopened in any other proceeding under the direct tax enactment or indirect tax enactment or under any other law for the time being in force. (4) xxxxxxxxxxxxxxxxxxxxx' 14. the abovementioned provisions provide that in the first instance the designated authority shall determine within sixty days from the date of ..... with the provisions of section 89 in respect of 'tax arrear', then, notwithstanding anything contained in any direct tax enactment or indirect tax enactment or any other provision of any law for the time being in force, the amount payable under this scheme by the declarant shall be determined at the rates specified thereunder. 13. section 89 prescribes the manner in .....Tag this Judgment!
Court : Delhi
Decided on : Jan-19-2000
Reported in : 2000(2)ARBLR740(Delhi); 2000CriLJ1503; 84(2000)DLT123; 2000(53)DRJ420
..... protect society by deterring potential offenders as also by preventing the guilty party from repeating the offence; it is also designed to reform the offender and reclaim him as a law abiding citizen for the good of the society as a whole. reformatory, deterrent and punitive aspects of punishment thus play their due part in judicial thinking while determining the question ..... act read with section 34 ipc. the learned additional sessions judge considering the small amount of bribe and the circumstances of the accused, imposed the minimum sentence provided under the law on suraj bhan sharma and ajit singh, accused. under section 5(2) read with section 5(1)(d) of the prevention of corruption act read with section 34 ipc each .....Tag this Judgment!