Court : Delhi
Decided on : May-21-2013
..... value in the eyes of law, even if it be only for the purpose of eligibility for obtaining ultimate licence/approval for certifying repair/maintenance/airworthiness of aircrafts. the act, rules and car distinguish an approved institute from an unapproved one and a successful candidate from an approved institute would be entitled to enforce the right, ..... by a body regulating that field of practice is to be taken. immediate instance can be given of the qualification in the field of law. though by amendment of the recent years, the right to practice law on the basis of the said qualification has been made subject to clearing /passing a bar exam to ..... by law for the time being in force, was excluded from the meaning of commercial training or coaching centre; (vi) that though section 65(27) was amended with effect from 01.05.2011 to remove the exclusion earlier provided to preschool coaching and training centre or any institute or establishment which issues educational qualification recognized .....
Tag this Judgment!Court : Delhi
Decided on : Feb-11-2013
..... to international standards and recommended practices as amended from time to time; section 5a of the aircraft act, 1934 which empowers the dgca to issue directions for securing the safety of the aircraft operations and also referred to some of the rules prescribed under the aircraft rules, 1937 namely, rule 133 a of the aircraft rules, 1937 which empowers the dgca to ..... 1 started taking steps to solve the said issue of non-conformity amicably. in pursuance thereof, the defendant no. 1 wrote letters dated 29.5.2007, 1.08.2007 and 23.8.2007 to the plaintiff requesting it to shift its atf facility from the apron area to some alternate site. it would also be pertinent to refer to ..... . 1 has taken a stand that the defendant no. 1 vide its letter dated 29.5.2007 requested the plaintiff to remove its atf facility and make alternative arrangement for supply of fuel. reminder letters dated 1.8.2007 and 23.8.2007 were also sent by the defendant no. 1 reiterating its same request. the defendant no.1 .....
Tag this Judgment!Court : Delhi
Decided on : Feb-12-2013
..... . further in the present case the three pilots/workmen were appointed as commanders whose duties have been defined in the operation manual which included the safety of the aircraft and its occupants during the flight, authority to take such measures as are necessary in this regard and the commander was responsible for order and discipline on board. ..... adjournments were sought by the management to file reply. the management proceeded ex-parte which order was vacated and then further amendments of the pleadings were sought. however, in a petition under section 33-c (2) id act no new right can be conferred on the workman. thus no interest can be awarded. in union of india vs. ..... even being an examiner does not show that the workman was performing supervisory functions. reliance is placed on mathur aviation (supra) and cedric dsilva vs. union of india 2007 l.s.(bom) 725 to contend that pilot is a workman, his role is different from the captain of a ship. the contention of the management that in a .....
Tag this Judgment!Court : Delhi
Decided on : Feb-12-2013
..... . further in the present case the three pilots/workmen were appointed as commanders whose duties have been defined in the operation manual which included the safety of the aircraft and its occupants during the flight, authority to take such measures as are necessary in this regard and the commander was responsible for order and discipline on board. ..... adjournments were sought by the management to file reply. the management proceeded ex-parte which order was vacated and then further amendments of the pleadings were sought. however, in a petition under section 33-c (2) id act no new right can be conferred on the workman. thus no interest can be awarded. in union of india vs. ..... even being an examiner does not show that the workman was performing supervisory functions. reliance is placed on mathur aviation (supra) and cedric dsilva vs. union of india 2007 l.s.(bom) 725 to contend that pilot is a workman, his role is different from the captain of a ship. the contention of the management that in a .....
Tag this Judgment!Court : Delhi
Decided on : Feb-12-2013
..... . further in the present case the three pilots/workmen were appointed as commanders whose duties have been defined in the operation manual which included the safety of the aircraft and its occupants during the flight, authority to take such measures as are necessary in this regard and the commander was responsible for order and discipline on board. ..... adjournments were sought by the management to file reply. the management proceeded ex-parte which order was vacated and then further amendments of the pleadings were sought. however, in a petition under section 33-c (2) id act no new right can be conferred on the workman. thus no interest can be awarded. in union of india vs. ..... even being an examiner does not show that the workman was performing supervisory functions. reliance is placed on mathur aviation (supra) and cedric dsilva vs. union of india 2007 l.s.(bom) 725 to contend that pilot is a workman, his role is different from the captain of a ship. the contention of the management that in a .....
Tag this Judgment!Court : Delhi
Decided on : Feb-12-2013
..... . further in the present case the three pilots/workmen were appointed as commanders whose duties have been defined in the operation manual which included the safety of the aircraft and its occupants during the flight, authority to take such measures as are necessary in this regard and the commander was responsible for order and discipline on board. ..... adjournments were sought by the management to file reply. the management proceeded ex-parte which order was vacated and then further amendments of the pleadings were sought. however, in a petition under section 33-c (2) id act no new right can be conferred on the workman. thus no interest can be awarded. in union of india vs. ..... even being an examiner does not show that the workman was performing supervisory functions. reliance is placed on mathur aviation (supra) and cedric dsilva vs. union of india 2007 l.s.(bom) 725 to contend that pilot is a workman, his role is different from the captain of a ship. the contention of the management that in a .....
Tag this Judgment!Court : Delhi
Decided on : Feb-12-2013
..... . further in the present case the three pilots/workmen were appointed as commanders whose duties have been defined in the operation manual which included the safety of the aircraft and its occupants during the flight, authority to take such measures as are necessary in this regard and the commander was responsible for order and discipline on board. ..... adjournments were sought by the management to file reply. the management proceeded ex-parte which order was vacated and then further amendments of the pleadings were sought. however, in a petition under section 33-c (2) id act no new right can be conferred on the workman. thus no interest can be awarded. in union of india vs. ..... even being an examiner does not show that the workman was performing supervisory functions. reliance is placed on mathur aviation (supra) and cedric dsilva vs. union of india 2007 l.s.(bom) 725 to contend that pilot is a workman, his role is different from the captain of a ship. the contention of the management that in a .....
Tag this Judgment!Court : Delhi
Decided on : Feb-12-2013
..... . further in the present case the three pilots/workmen were appointed as commanders whose duties have been defined in the operation manual which included the safety of the aircraft and its occupants during the flight, authority to take such measures as are necessary in this regard and the commander was responsible for order and discipline on board. ..... adjournments were sought by the management to file reply. the management proceeded ex-parte which order was vacated and then further amendments of the pleadings were sought. however, in a petition under section 33-c (2) id act no new right can be conferred on the workman. thus no interest can be awarded. in union of india vs. ..... even being an examiner does not show that the workman was performing supervisory functions. reliance is placed on mathur aviation (supra) and cedric dsilva vs. union of india 2007 l.s.(bom) 725 to contend that pilot is a workman, his role is different from the captain of a ship. the contention of the management that in a .....
Tag this Judgment!Court : Delhi
Decided on : Sep-19-2013
..... is not brought within two years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which rfa (os) 18/2007 page 6 the carriage stopped. in the present case, the cause of action arose in 1990 but the suit was filed ..... persons, shall, subject to the provisions of this act, have the force of law in india in relation to any carriage by air to which those rules apply, irrespective of the nationality of the aircraft performing the carriage . section 4 (1), likewise, reads as under: 4. application of amended convention to india (1) the rules contained in the ..... appellant in accordance with the declaration of interest. an interpretation which allows the consignor or consignee to recover more than the prescribed limits, on rfa (os) 18/2007 page 23 an artificial construction of the expressions used by the statute, can be the gateway for unlimited liability under diverse and unforeseen conditions rendering unviable the business .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
Decided on : Jul-18-2013
..... i.e. where the statutory notification requires ec to be obtained, the circular cannot wipe out that effect without amending the statutory notification issued in exercise of the executive power. a circular can be clarificatory in nature but it cannot ..... nigam, objecting to the construction of the plant near the aerodome. it was stated that it was in violation of the aircraft rules, 1937. even this aspect, in relation to the site, was not considered by respondents no.2 and 3. ..... , according to a reasonable persons test. (refer research foundation for science and technology and natural resource policy v. union of india (2007) 9 scr 906; narmada bachao andolan v. union of india (2000) 10 scc 664; chairman barton: the status of the ..... contrary would be an action extra jus. laconic result of collective reading of the master plan, the development authority act and other relevant notifications is that the development authority, nagar nigam, the pollution control board and their respective officers .....
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