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Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Court: delhi Page 4 of about 350 results (0.063 seconds)

Feb 06 2015 (HC)

Vikas Yadav Vs. State of Up

Court : Delhi

..... room for twenty six days thereby enabling him to avoid the prison. crl.a.nos.910, 741, 958/2008, crl.rev.p.no.369/2008, crl.a.nos.1322/2011 & 145/2012 pg. 416 564. this court had directed information with regard to private ward hospitalization of other prisoners in aiims. in this regard, in para 8 of the affidavit dated 21st march, 2012 ..... system for delayed compounding.442. have costs been contemplated under the criminal justice system in india?. we find that in a case under section 138 of the negotiable instruments act, the supreme court of india in the order dated 3rd may, 2010 disposing of criminal appeal no.963/2010 [arising out of slp(crl.)no.6369/2007]., damodar s. prabhu v. sayed ..... in the absence of an appeal against the inadequacy of sentence under section 377, goswami j.characterised that question as an unmerited doubt on the undoubted jurisdiction of the high court in acting suo motu in criminal revision in appropriate cases and said "the attempt has to be nipped in the bud."dealing with that question, he observed as follows: (scc pp ..... and 641 imperilling the safety of a multitude of peoples' representatives, constitutional functionaries and officials of government of india and engaging into a combat with security forces is a terrorist act of gravest severity.6. nature of the evidence sr. mitigating factors aggravating no.factors in cases of circumstantial evidence the guilt, not being established beyond reasonable doubts, a lenient view .....

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May 19 2015 (HC)

Aspect Software Inc Vs. Astt. Director of International Taxation and ...

Court : Delhi

..... provisos, as they stood. there was no challenge to the constitutional validity of the third proviso to section 254(2a) of the said act after the amendment introduced by the finance act, 2008. no decision of any high court has been brought to our notice by the learned counsel for the parties, wherein the constitutional validity of the third proviso to section 254 ..... assessee.11. it is evident that the amendment introduced by virtue of the finance act, 2008 had nullified the effect of the decision of the bombay high court in narang overseas (supra). the said provision, after its amendment by virtue of the finance act, 2008, came up for consideration before this court in maruti suzuki (india) limited (supra). the following observations made by a division ..... bench of this court in that case are relevant: 26. in view of the aforesaid discussion, we have reached the following conclusion:(i) in view of ..... the third proviso to section 254(2a) of the act substituted by finance act, 2008 with effect from 1st october, 2008, tribunal cannot extend stay beyond the period of 365 days .....

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May 19 2015 (HC)

Ericsson Ab Vs. Addl. Director of Income Tax, Ors

Court : Delhi

..... provisos, as they stood. there was no challenge to the constitutional validity of the third proviso to section 254(2a) of the said act after the amendment introduced by the finance act, 2008. no decision of any high court has been brought to our notice by the learned counsel for the parties, wherein the constitutional validity of the third proviso to section 254 ..... assessee.11. it is evident that the amendment introduced by virtue of the finance act, 2008 had nullified the effect of the decision of the bombay high court in narang overseas (supra). the said provision, after its amendment by virtue of the finance act, 2008, came up for consideration before this court in maruti suzuki (india) limited (supra). the following observations made by a division ..... bench of this court in that case are relevant: 26. in view of the aforesaid discussion, we have reached the following conclusion:(i) in view of ..... the third proviso to section 254(2a) of the act substituted by finance act, 2008 with effect from 1st october, 2008, tribunal cannot extend stay beyond the period of 365 days .....

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Apr 10 2017 (HC)

Delhi International Airport Pvt. Ltd. Vs.union of India & Anr.

Court : Delhi

..... is also submitted that the services at delhi international airport are classified under omda whereas services at aai airports are classified in terms of airports economic regulatory authority of india act, 2008 (aera act). w.p.(c) no.11047/2016 page 13 of 41 20. rebutting the contention on behalf of the petitioners that the impugned action of the respondents in excluding the ..... contracting with private parties. (viii) the privatisation of the airports does not mean that the appropriate government cannot be the central government. according to the constitution bench judgment of this court in sail [sail v. national union water front workers, (2001) 7 scc1:2001. scc (l&s) 1121]. , the definition of establishment in clraa takes in its fold purely private undertakings ..... as the authority may deem fit: provided that such lease shall not affect the functions of the authority under section 12 which relates to air traffic service or watch and ward at airports and civil enclaves. (2) no lease under sub-section (1) shall be made without the previous approval of the central government. (3) any money, payable by the ..... ) arrange for postal, money exchange, insurance and telephone facilities for the use of passengers and other persons at the airports and civil enclaves; (i) make appropriate arrangements for watch and ward at the airports and civil enclaves; (j) regulate and control the plying of vehicles, and the entry and exit of passengers and visitors, in the airports and civil enclaves with .....

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Dec 17 2014 (HC)

M/S National Highways Authority of India Vs. M/S Ncc-Vee (Jv)

Court : Delhi

..... award has been substantially reduced under the new legislation and would be confined to the grounds set out under section 34 of the act as interpreted by the supreme court in oil and natural gas corporation ltd vs. saw pipes ltd., air2003sc2629 2003(2) r.a.j.1. we, therefore, ..... has also been dealt with and the tribunal has based its findings on the findings of the supreme court in bharat sanchar nigam limited vs. bpl mobile cellular 2008 (8) scale106 the supreme court in the said case has held as under: 26. if the parties were ad idem as regards ..... finding of the arbitral tribunals on the issue of interpretation of sub-clause 70.3(xi) has approached this court by way of present petitions under section 34 of the act.26. mr. sudhir nandrajog, learned senior counsel for the petitioner has contended that the arbitral tribunals has erred ..... a party cannot unilaterally act on a different interpretation to is advantage. in this regard the claimant has referred to the decision of hon ble supreme court of india in delhi development authority vs. joint action committee allottee of sfs flats (2008) 2 scc672where the hon ble supreme court has laid down in ..... paragraph 61 as under: ..terms and conditions of the contract can indisputably be altered or modified. they cannot, however, be done unilaterally unless there exists any provision either in contract itself or in law. novation of contract in terms of section 60 of the contract act .....

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Dec 17 2014 (HC)

M/S National Highways Authority of India Vs. M/S Bscpl

Court : Delhi

..... award has been substantially reduced under the new legislation and would be confined to the grounds set out under section 34 of the act as interpreted by the supreme court in oil and natural gas corporation ltd vs. saw pipes ltd., air2003sc2629 2003(2) r.a.j.1. we, therefore, ..... has also been dealt with and the tribunal has based its findings on the findings of the supreme court in bharat sanchar nigam limited vs. bpl mobile cellular 2008 (8) scale106 the supreme court in the said case has held as under: 26. if the parties were ad idem as regards ..... finding of the arbitral tribunals on the issue of interpretation of sub-clause 70.3(xi) has approached this court by way of present petitions under section 34 of the act.26. mr. sudhir nandrajog, learned senior counsel for the petitioner has contended that the arbitral tribunals has erred ..... a party cannot unilaterally act on a different interpretation to is advantage. in this regard the claimant has referred to the decision of hon ble supreme court of india in delhi development authority vs. joint action committee allottee of sfs flats (2008) 2 scc672where the hon ble supreme court has laid down in ..... paragraph 61 as under: ..terms and conditions of the contract can indisputably be altered or modified. they cannot, however, be done unilaterally unless there exists any provision either in contract itself or in law. novation of contract in terms of section 60 of the contract act .....

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Dec 17 2014 (HC)

M/S National Highways Authority of India Vs. M/S Ncc-Vee (Jv)

Court : Delhi

..... award has been substantially reduced under the new legislation and would be confined to the grounds set out under section 34 of the act as interpreted by the supreme court in oil and natural gas corporation ltd vs. saw pipes ltd., air2003sc2629 2003(2) r.a.j.1. we, therefore, ..... has also been dealt with and the tribunal has based its findings on the findings of the supreme court in bharat sanchar nigam limited vs. bpl mobile cellular 2008 (8) scale106 the supreme court in the said case has held as under: 26. if the parties were ad idem as regards ..... finding of the arbitral tribunals on the issue of interpretation of sub-clause 70.3(xi) has approached this court by way of present petitions under section 34 of the act.26. mr. sudhir nandrajog, learned senior counsel for the petitioner has contended that the arbitral tribunals has erred ..... a party cannot unilaterally act on a different interpretation to is advantage. in this regard the claimant has referred to the decision of hon ble supreme court of india in delhi development authority vs. joint action committee allottee of sfs flats (2008) 2 scc672where the hon ble supreme court has laid down in ..... paragraph 61 as under: ..terms and conditions of the contract can indisputably be altered or modified. they cannot, however, be done unilaterally unless there exists any provision either in contract itself or in law. novation of contract in terms of section 60 of the contract act .....

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Dec 17 2014 (HC)

M/S National Highways Authority of India Vs. M/S Bscpl

Court : Delhi

..... award has been substantially reduced under the new legislation and would be confined to the grounds set out under section 34 of the act as interpreted by the supreme court in oil and natural gas corporation ltd vs. saw pipes ltd., air2003sc2629 2003(2) r.a.j.1. we, therefore, ..... has also been dealt with and the tribunal has based its findings on the findings of the supreme court in bharat sanchar nigam limited vs. bpl mobile cellular 2008 (8) scale106 the supreme court in the said case has held as under: 26. if the parties were ad idem as regards ..... finding of the arbitral tribunals on the issue of interpretation of sub-clause 70.3(xi) has approached this court by way of present petitions under section 34 of the act.26. mr. sudhir nandrajog, learned senior counsel for the petitioner has contended that the arbitral tribunals has erred ..... a party cannot unilaterally act on a different interpretation to is advantage. in this regard the claimant has referred to the decision of hon ble supreme court of india in delhi development authority vs. joint action committee allottee of sfs flats (2008) 2 scc672where the hon ble supreme court has laid down in ..... paragraph 61 as under: ..terms and conditions of the contract can indisputably be altered or modified. they cannot, however, be done unilaterally unless there exists any provision either in contract itself or in law. novation of contract in terms of section 60 of the contract act .....

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Mar 13 2014 (HC)

State Through Reference Vs. Ram Singh and ors.

Court : Delhi

..... and mitigating factors and circumstances in which a crime has been committed are to be delicately balanced on the basis of really relevant circumstances in a dispassionate manner by the court. such act of balancing is indeed a difficult task. it has been very aptly indicated in mcgautha v. state of california that no formula of a foolproof nature is possible that ..... . in her order has clearly recorded the fact that the parents of vinay sharma and pawan kumar had confirmed the age of their death sentence reference no.6/2013, respective wards as set out in the report which included the written statement of the parents of both the accused persons. learned m.m. further noted that the counsel for accused vinay ..... the judiciary. it is not for the judiciary to repeal or amend the law as that is in the domain of the legislature vide common cause v. union of india [(2008) 5 scc511 (vide paras 25 to 27). the very fact that it has been held that death penalty should be given only in the rarest of rare cases means that ..... inconsequential and sanctity of evidence in respect of recovery made only by two police officials was not affected thereby.177. in ashok kumar chaudhary and others vs. state of bihar, (2008) 12 scc173dealing with the contention of the appellants that the incident having taken place at a public place in the evening, prosecution ought to have examined some independent witnesses and .....

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Jan 15 2018 (HC)

Parsoli Motors Works Private Limited vs.bmw India Private Litmited

Court : Delhi

..... established. bona fide justification, for the action impugned, is an absolute defence, to a plea of legitimate expectation.80. in jitender kumar v. state of haryana, (2008) 2 scc161 the supreme court observed thus, regarding the doctrine of legitimate expectation (in para 58 of the report): ?a legitimate expectation is not the same thing as an anticipation. it is distinct ..... any discretionary relief?. in dr. kumar das v. indian medical practitioner pharma store ltd., (2007) 95 drj618 it was held that ?section 9 of the arbitration & conciliation act, 1996 empowers this court to pass such order as are necessary to preserve the subject matter of the arbitration?. in respect of sub clause (c) of the clause (ii) section 9 (i) ..... of balance of convenience, too, therefore, no case for grant of injunction was made out. (xiii) sections 91 and 92 of the indian evidence act, 1872 (hereinafter referred to as ?the evidence act?) forebore the court from reading, into the contract, what was not contained therein. there was no question, therefore, of reading, into the agreement between the petitioner and respondent ..... ags was, therefore, held to suffer from an error of law apparent from the face of the award and consequently, unsustainable. for ready reference, section 14 of the specific relief act may be reproduced thus: ?14. contracts not specifically enforceable. the following contracts cannot be specifically (1) enforced, namely:-"contract for (a) the non-performance of which compensation in .....

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