Court : Central Administrative Tribunal CAT Delhi
Decided on : Jul-21-2004
Reported in : (2005)(1)SLJ280CAT
..... applicant. further, an inference is drawn that s.b.r. babu mentioned in the school records (admission registers) and shri ramesh mentioned in the municipal records was the applicant, on the basis of a comparison of the handwriting or signature or telephone numbers are only guesswork, which do not amount to ..... six judges the following observations have been made: 499. that arose out of writ petition filed by a government servant in the high court of punjab, calling in question an order of dismissal passed against him, on the ground that the enquiry which resulted in the order had not been ..... now, it is no doubt true that the evidence of the respondent and his witnesses was not taken in the mode prescribed in the evidence act; but that act has no application to enquiries conducted by tribunals, even though they may be judicial in character. the law requires that such tribunals should observe ..... afforded.24. in surajmal v. state (delhi admn.), 1979(4) scc 725, while dealing with a case of bribery under the prevention of corruption act observed that "mere recovery by itself cannot prove the charge of prosecution against applicant, in the absence of any evidence to prove payment of bribe ..... an conditions of service) regulations, 1959." 3. shri g.r. baru was also proceeded against in a criminal case registered under prevention of corruption act and also in a disciplinary proceeding, where 100% pension cut has been imposed upon him. in the list of documents the disclosure statement of baru .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Dec-12-2004
..... builders for and on behalf of the company undertake to obtain all requisite permissions, clearances and approval from all concerned authorities including new delhi municipal committee (ndmc), urban land (ceiling & regulation) act 1976 (ulcr), delhi administration, delhi urban act commission, land & development office (l&do), government of india etc., for demolition of the existing building and or construction of multistoreyed buildings ..... is well settled, that the one which is favourable to the assessee has to be preferred. even on that principle the view taken by the high courts of patna, punjab and haryana, etc., has to be preferred rather than the contrary view taken by the high courts of delhi and andhra pradesh." 43. while coming to the conclusion what ..... agreed consideration in terms of the schedule mentioned in the agreement, eviction of tenants, obtaining various permissions including from the lessors and also under the urban land ceiling act for which acts a power of attorney was also executed in favour of the builders. the builders after paying rs.15 lacs equivalent to 10% of the agreed consideration did not ..... normal provisions and we reproduce relevant part hereunder;- "(ii) that the amendment of 1988 introducing sub-clause (v) in the definition of 'transfer'' in section (47) of the it act was prospective and applied to the assessment year 1988-89 and subsequent years, and no question regarding part performance by allowing possession to be retained could arise from the order .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-24-2004
Reported in : IV(2004)CPJ33(SC); JT2004(8)SC17; 2004(8)SCALE187; (2005)9SCC555
s. n. variava, j.1. leave granted.2. before this court a large number of appeals have been filed by the haryana urban development authority and/or the ghaziabad development authority challenging orders of the national consumer disputes redressal commission, granting to complainants, interest at the rate of 18% per annum irrespective of the fact of each case. this court has, in the case of ghaziabad development authority vs . balbir singh : air2004sc2141 , deprecated this practice. this court has held that interest at the rate of 18% cannot be granted in all cases irrespective of the facts of the case. this court has held that the consumer forums could grant damages/compensation for mental agony/harassment where it finds misfeasance in public office. this court has held that such compensation is a recompense for the loss or injury and it necessarily has to be based on a finding of loss or injury and must co-relate with the amount of loss or injury. this court has held that the forum or the commission thus had to determine that there was deficiency in service and/or misfeasance in public office and that it has resulted in loss or injury. this court has also laid down certain other guidelines which the forum or the commission has to follow in future cases.3. this court is now taking up the cases before it for disposal as per principles set out in earlier judgment. on taking the cases we find that the copies of the claim/petitions made by the respondent/complainant and the .....Tag this Judgment!