Court : Delhi
Decided on : Feb-14-1989
Reported in : ILR1989Delhi413
..... the definition of 'opium' the sample cannot be treated as 'opium' for the purposes of the ndps act. it was mentioned that the mere fact that some percentage of morphine is detected in the sample would not make the product as opium. 'opium' has been defined in clause (xv) in section 2 of the ndps act to ..... mean as follows: '(a)the coagulated juice of the opium poppy; and (b) any mixture, with or without any neutral material, of the coagulated juice of the opium poppy, but does not include any preparation containing not more than o.2 per cet of morphine.'(2) the word ..... been reproduced which i need not refer because they are well known but it is to be mentioned here that the offences under the ndps act are very serious and grave and the people indulging in such offences are really causing havoc to the health of the inhabitants of this world ..... 'morphine' has been defined in webster's third new international dictionary to mean 'as the principal alkaloid of opium occurring in amounts up to 15 per cent'. 'opium' as defined in black's medical dictionary lays down that 'the ..... action of opium depends upon the alkaloids it contains, of which no fewer than 18 are available from different kinds. of these, the chief 'are morphine, codeine etc.' so, morphine is the main and principle alkaloid of opium and if morphine is found in the product above o.2 .....Tag this Judgment!
Court : Delhi
Decided on : Aug-21-1989
Reported in : 39(1989)DLT456
..... learned trial court that 'charas' was a manufactured drug was wholly incorrect in face of the definition as contained in section 2(xi) of the ndps act as against the definition contained in section 2(iii) of the act, and that in the absence of any notification as contemplated by sub-section (b) of section 2(xi), there was no basis for the court to hold that charas also fell in the ..... on a misreading of the provisions of the act because a reading of section 81 of the ndps act reveals that only those provisions of the provincial act or an act of state legislature have been saved which provide for punish merit not imposed, or provided under this act, or imposes any restriction or provides for a punishment greater in degree than a corresponding punishment provided by the ..... ndps act. the clear implication is that where the punishment provided in the present act is heavier than that provided by the. state act, then the ndps act would prevail and to that. extent it cannot be said .....Tag this Judgment!
Court : Delhi
Decided on : May-02-1989
Reported in : 1(1989)DLT550
..... of state or public dues. it was emphasised that money advanced by financial institution to industrial concerns is public money and is given with the definite object of assisting industrial concerns to establish themselves with the assistance of loan from these statutory financial bodies, but once the default occurred and ..... rights of the ifci, the only condition to be satisfied, being the existence of the situations or circumstances as contemplated by sub-section (1) of section 30 of the act.(53) the petitioner has set out in detail the defaults committed by respondent no. i in payment of the installments of the ..... covenants. it has already been held while considering issue no. 2, that section 30 of the act lays down a complete self-contained procedure and in view of section 41-a of the act, the provisions of section 30 as also other provisions of the act are of overriding application. the commitment under agreement ex. p3 ..... it incorporated provisions which are absolutely unjust and against rules of natural justice and fair play. the plea is that the provisions of section 30 of the act are discriminatory and vocative of the fundamental rights granted to the company under article 14 of the constitution, and that right of defense ..... of rs. 25,00,000.00 in the year 1973 itself, and as such it cannot be urged by respondent no. i with any degree of credibility or plausibility that failure to disburse the balance amount of rs. 4,00,000.00 affected the financial viability of the company or .....Tag this Judgment!
Court : Delhi
Decided on : Jul-17-1989
Reported in : AIR1989Delhi340; 39(1989)DLT421; 1989(24)ECC225
..... the named authorities.' (italics added) (6) the supreme court negatived the contention urged on behalf of the state that the power exercisable under sub-section (2) of section 11 of the cofeposa act to make another order of detention under section 3 thereof on the same grounds was available even when the earlier order of detention had been quashed by the high court in exercise ..... respondents during arguments before us agreed that the question which the supreme court was considering related only to the ambit and scope of sub-section (2) of section 11 of the cofeposa act. the supreme court after noticing the provision of section 11 and its heading 'revocation of detention orders' accepted the above quoted contention of the counsel for the petitioner and held that :- 'the ..... so by issuance of a memorandum. it is urged that the memorandum empowering the joint secretary does not fall within the ambit of the definition 'regulation', as given in sub-section (50) of section 3 of the general clauses act. (23) in reply mr. dutt admits that the memorandum empowering shri k l. verma, joint secretary to the government of india is not covered ..... of the central government of the state government, as the case may be. the said order will give rise to obligations to be fulfillled by the government to the same degree and extent to which it will stand obligated if the detention order had been made by the government itself. (16) the supreme court also noticed the provisions of those preventive .....Tag this Judgment!
Court : Delhi
Decided on : May-19-1989
Reported in : 38(1989)DLT357; 1989RLR296
..... which any kind of liquor or intoxicating drug is supplied to the public for consumption in and near such place. the definition of the place of public entertainment is also an inclusive definition. eating houses are separately defined under section 2 of the act. but where such eating houses also serve liquor or intoxication drugs for public consumption in or near such places the eating ..... entertainment. has legislative history and supportive judicial decisions. the calcutta police act of 1866 by virtue of section 2 defined what was a place of 'public entertainment'. by way of inclusive definition it included a lading house in the said definition. the said definition also recognised 'eating house' as a separate category. section 39 of the act required a license to be taken, which was to be granted ..... regulations similar to the impugned regulations, were framed at that time. but all provisions regarding definitions, requirement of licenses, the powers of the police officers and provisions regarding appeal and punishment almost are borrowed from the bombay act. xxxxx . similar pattern was followed in mysore police act, 1963 where section 2(15) defines place of public entertainment in the same manner. a division bench of .....Tag this Judgment!
Court : Delhi
Decided on : Nov-15-1989
Reported in : 72CompCas5(Delhi)
..... will have special privileges in the matter of enforcement of its claim against borrowers. section 3 of the act deals with the establishment of state financial corporations. sub-section (2) of section 3 is in the following terms : '(2) the financial corporation shall be a body corporate by the name notified under sub-section (1), having perpetual succession and a common seal, with power, subject to ..... and 27, the requisite guidance can be inferred and a very responsible authority is vested with the power of selecting either of the procedures under section 29 and 31 respectively. so the statute itself disclose a definite policy and objective and it confers authority on the corporation to make selection of the procedure. when that is so, a responsible body like the ..... financial corporation will act in a realistic manner keeping in view the interests of the corporation, industry, commerce and the general public. for these reasons, we ..... over the assets of the company, but when the assets of the company come under the control and custody of the company court in chamber under section 456 of the act, then section 29 of the said act has no application. reference has been made to mysore surgical cottons (p.) ltd. (in liquidation) v. karnataka state financial corporation  1 com lj 63 .....Tag this Judgment!
Court : Delhi
Decided on : Sep-15-1989
Reported in : [1990(60)FLR754]; ILR1990Delhi270; 1990LabIC871; (1990)ILLJ408Del
..... to the latter or that the former should adapt itself to the latter. a model means a shape, a figure, or a pattern proposed for limitation. when, sub-section (2) of section 3 of the act states that the draft standing orders shall be, so far as practicable, in conformity with the model standing orders, it simply means that the model standing orders furnish ..... employment of the workmen are defined with sufficient precision and are made known to the workmen. section 2(g) defines standing orders as to mean rules relating to matters set out in the schedule. under section 3 the industrial establishments which arc covered by the standing orders act have to submit to the certifying officer five copies of the draft standing orders proposed for ..... , but not more than one year at a time, may be given at the discretion of the company, provided the employee is certified to be fit by the company's medical officer and provided further that the employee concerned also consents to such extension. admattedly, the petitioner corporation had never exercised its discretion of giving any extension to any workman at ..... with section 6 of the standing orders act and after giving necessary hearing the appellate authority-respondent no. i dismissed the appeal after making slight modification and provided that the age of superannuation would be extended to 60 years only in respect of the workmen who are found to be medically fit after attaining the age of 58 years by the medical officers of .....Tag this Judgment!
Court : Delhi
Decided on : Feb-28-1989
Reported in : 1989(22)ECC326; 1989RLR143b
..... charges against the petitioner and his co-accused for offences punishable u/s 22 & 29 of the narcotic drugs and psychotropic substances act ('ndps act') read with section 120-b ipc. (2) the facts, in brief, are that asi partap singh accompanied by other constables was stated to be patrolling the area on ..... thus, it is clear that morphine is the derivative of opium and is covered by the definition of ' 'manufactured drug'. s. 22 of the ndps act pertains to possession of 'psychotropic substance' which has been defined in s. 2(xxiii) to mean 'any substance natural or synthetic etc. specified in the schedule'. the ..... -accused. (4) the learned counsel for the petitioner has also argued that no charge could be framed either u/s 21 or 22 of the ndps act inasmuch as there is no evidence that the petitioner was in conscious possession of the drug in question. he has made reference to century spinning & ..... in s. 2(xi) means, besides other things opium derivative as well. the word 'morphine' has been defined in webster's third new international dictionary to mean 'as the principal alkaloid of opium occurring in amounts up to 15 per cent'. 'opium' as defined in black's medical, dictionary lays ..... down that 'the action of opium depends upon alkaloids it contains, of which no fewer than 18 are available from different kinds. of these, the chief are morphine, confine etc.' so, morphine is the main and. principal alkaloid of opium and if morphine is found in the product above 0.2 .....Tag this Judgment!
Court : Delhi
Decided on : Sep-13-1989
Reported in : 67CompCas125(Delhi); 39(1989)DLT403
..... good the default. thereforee, dr. shanker ghosh has contended, that the relief, which the court can grant under section 113 of the act, is to make good the default, namely, the default which is referred to in sub-section (1) as also in sub-section (2) of section 113 this default is not making the shares ready for delivery. he has placed reliance upon the judgment ..... shares ready for delivery, within 3 months after the allotment of the shares. according to him, section 113. nowhere provided that an order for delivery of the shares. could be made. section 113(2) of the act, further provides that, if default is made in not complying with sub-section (1), then, the company and the officer liable for default, would be punishable with fine ..... in case in the matter of asiatic oxygen ltd., : air1972cal50 . (30) dr. shanker ghosh has further contended that section 113 ..... under sub-section (3), an application could be made for making good the default. such an application can .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Jul-31-1989
Reported in : (1989)31ITD29(Delhi)
..... accrue to the good of the general public, that activity satisfies fully the requirements of charitable purposes as defined in section 2(15) of the income-tax act. the definition given for 'charitable purpose' in section 2(15) includes the relief of the poor, education, medical relief and the advancement of any other object of general public utility. here by the scientific research to be carried ..... under two different chapters of the act can hardly be a ground for seeking immunity as prayed. for example, section 2 is headed as "definitions" and again in section 43 definitions are given of certain terms relevant to income from profits and gains of business or profession. it would be too much to accept that in view of specific section 2, definitions under section 43 have no relevance.42. ..... be an entity which could be properly defined because it is not even the revenue's case that it could fit in in any definition under section 1.1, 12 or 2(24)(iia) or section 2(15) of the act, but as a scientific research institute under obligation to do research as obliged by the resolution of may 1976 passed by the price ..... very brilliant argument, which impressed us and we would like to deal with it. before that we should refer to section 2(24)(iia) where the inclusive definition of income was given. it is necessary to refer to it again here :- 2. in this act, unless the context otherwise requires, - ** ** ** (iia) voluntary contributions received by a trust created wholly or partly for charitable .....Tag this Judgment!