Court : Karnataka
Decided on : Dec-20-2013
..... under a lease agreement incorporating the terms of the master agreement and any appropriate amendments specified in the lease agreement.in pursuance of the master agreement, the petitioner and the lessee entered into agreements for leasing of several aircraft engines. accordingly, agreement no.1 and agreement no.2 dated 30th september 2005 ..... the respondent partly regarding admission of the company petition, without passing an order for admission he entertained the application filed under section 536(2) of the act and has passed the impugned order. therefore, the question for consideration is, whether maintainable even before such the an application company petition admitted.54.section ..... september 2005; lease agreement no.2 dated 30th september 2005 and lease agreement no.4 dated 28th march 2007.22 6.their case is that, the respondent has executed a corporate guarantee dated 27th september 2007 in favour of the petitioner & rrpf for the amounts due under the aforesaid agreements.in fact, .....
Tag this Judgment!Court : Chennai
Decided on : Jan-09-2013
..... behalf of the person-in-charge. the supreme court held as under: "7. it may be noticed that sub-section (2) of section 148 was incorporated by way of an amendment. the objects and reasons for its incorporation were notified in the gazette of india on 14-12-1962, part ii, s. 2, ext., p. 368 as under: '148 ..... be countenanced in view of the categorical finding of the supreme court in british airways plc. case, referred supra, where they have interpreted sections 116 and 148 of the act to hold that the steamer agent is equally responsible as a person-in-charge, as the words used are "any person". the petitioner herein squarely satisfies the term agent ..... of the customs as his agent for the purposes of dealing with the cargo offloaded from the aircraft of the appellants' carrier. ....12. accepting the submission of the appellants that after the issuance of an order under section 42 of the act no proceedings could be initiated against the person-in-charge of the carrier would amount to negating .....
Tag this Judgment!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-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-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!