Delhi Court August 1981 Judgments
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Tubular Containers Pvt. Ltd. Vs. Union of India and ors.
Court: Delhi
Decided on: Aug-03-1981
Reported in: 1982(3)DRJ41; ILR1982Delhi332
(1) The plaintiffs M/s Tabular Containers Pvt. Ltd. have filed a suit for the recovery of Rs.4,57,539.00 against the defendant, the Union of India. This claim related to interest only. Summons were issued for 10th March 1980. These summons were served with a copy of the plaint on the standing counsel for Union of India, on 25th February, 1980. The papers were sent by the standing counsel to the Ministry of Law. On 6th March 1980 the Litigation Section of the Ministry of Law sent a 'brief transmission form' to Mr. P. P. Malhotra, Advocate. On 10-3-80 under instruction from Sh. Malhotra his Jr. appeared before the Deputy Registrar and sought time for filing the written statement. The Deputy Registrar granted time for the purpose. Subsequently the Ministry of defense instructed their counsel to make an application under Section 34 of the Arbitration Act as there was an arbitration clause in the contract. (2) Accordingly the present application was made u/s 34 of the Arbitration Act. The c...
The Regional Provident Fund Commissioner, Employees' Provident Fund an ...
Court: Delhi
Decided on: Aug-03-1981
Reported in: 20(1981)DLT424; 1982LabIC1787
Rajindar Sachar, J.(1) This is an appeal against the order of the learned single Judge by which he quashed the demand made on the respondent-employer for payment of provident fund in respect of certain employees on the ground that no opportunity was given under Section 7A of the Employees Provident Fund and Misc. Act, 1952 (to be called 'the Act), to the respondent No. I-employer before making the demand on it. Respondent No. I runs a shop in which he sells Sarees. One V.S. Kartar Chand, Tailor employing about six persons carries on his tailoring work at the premises of respondent No. 1. The establishment of respondent No. I is admittedly covered by the scheme under the Act. The dispute arose because the appellant asked the respondent No. I to enrol the workers employed by Kartar Ghand and pay the contribution to the fund thereof because according to the appellant they are his employees within the meaning of Section 2(f) of the Act which says that employee includes any person employed ...
National Building Construction Corporation Ltd. Vs. the Vyasa Bank Ltd ...
Court: Delhi
Decided on: Aug-03-1981
Reported in: 1982(3)DRJ49; ILR1981Delhi623
(1) The plaintiff. National Building Construction Corporation Ltd., (NBBC) filed a suit against the defendant, Vyasa Bank Ltd. of Banglore, for the recovery of Rs. 7,12,000.00 on the basis of a performance bond dated 22-12-78 executed by the Bank in favor of the NBBC. The suit was filed under the provisions of order 37 of the Code of the Civil Procedure Code The Bank entered appearance and made an application for leave to defend. The Bank raised objections to the jurisdiction of this court. It was said that the Bank carries on business at Banglore and Nbbc under Section 20 of the Civil Procedure Code ought to have sued the Bank at Banglore. The other defense raised by the defendant was that the Nbbc practiced fraud on the Bank in obtaining the performance bond as they did not inform the Bank that the value of the contract had been reduced from Rs. 94,94,600.00 to Rs. 51,49,000.00 and the amount of the bond was accordingly to be reduced. On behalf of the plaintiff it was, however, conte...
S.K. Construction Private Ltd. Vs. Municipal Corporation of Delhi
Court: Delhi
Decided on: Aug-03-1981
Reported in: 20(1981)DLT389; 1981RLR683
D.R. Khanna, J.(1) This civil revision is directed against an order dated 29-9-1980 of ShriK.P.Varma, Senior Sub Judge, Delhi, whereby the appeal of the plaintiff/petitioner, namely, the S.K. Construction Pvt. Ltd. against an order dated 12-3-1980 of Shri D.R.Singh, Sub Judge 1st Glass, Delhi, was dismissed. The learned Sub Judge had dismissed the application of the petitioner under order 39, rule I and 2 read with section 151 of the Code of Civil Procedure for grant of interim injunction during the pendency of the suit. (2) The brief background is that the petitioner is the perpetual lessee from the Delhi Development Authority of plot No. 5fi, Nehru Place, New Delhi, under a lease deed dated 28-9-1973. The petitioner was to erect a multi-stoyed building thereon, and in fact did so later. However, during the year 1975-76, no construction had been effected. The Municipal Corporation of Delhi, however, proceeded to levy property tax on this plot, and for that purpose had recourse to proc...
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