Court : Delhi
Reported in : 1992(24)DRJ527
..... i am of the view that non-recital of elements and basis of quantification of the amounts per se does not renter the award bad, liable to be set aside and it is open to the court to examine if the award is or not arbitrary and whether the arbitrator has applied his mind in coming to the conclusion. ..... , pointed out by counsel for the contractors to explain in detail the basis for quantification of the amounts awarded on claims nos.1 to 6 lack of such explanationn as basis for the award, in my view, does not render the award bad in law or tantamount to misconduct on the part of the arbitrator to strike it down. ..... whether his not mentioning the elements and basis of quantification parse makes the award bad and liable to be set aside (as urged by id. ..... again, if the conclusion arrived at is plausible, not-withstanding that the award does not in terms set out the details, like how the amount has been quantified, the fact cannot per se render it bad in law, liable to be set aside. .....
Tag this Judgment!Court : Delhi
Reported in : 35(1988)DLT211; 1988RLR491
..... randhir chandra dutta, : air1988sc396 , the facts, in brief, were that the landlord bad not given the correct accommodation in his possession at the initial stages but trial court bad appointed a commissioner and obtained the report regarding the full accommodation available to the landlord in the house and thus, the landlord's claim was upheld. ..... now, here variance bad taken place with regard to the accommodation allegedly used by mrs. ..... in case petitioner no 2 bad been allotted any government accommodation it would not have been difficult for the respondent to have found out the particulars of such accommodation, rather petitioner no. .....
Tag this Judgment!Court : Delhi
Reported in : 1991(1)ARBLR157(Delhi); I(1991)BC254; 1991(20)DRJ154
..... a reference was also made to several requests pending for consideration of getsco which the appellants bad made in respect to the completion of the contract such as invocation of the excusable delay clause of the contract. ..... had been unreasonably delayed and that on that account the project was not complete as per the contract and getsco had not issued the certificate of completion as contemplated under article 27 of the contract and bad become entitled to invoke the bank guarantee and receive the amount covered thereby. ..... of the appellants and that there was no complaint on that account although the mobilisation advance had not been fully liquidated, which was due to the fact that some of the bills submitted by the appellants bad been withheld by getsco and the amount not cleared. ..... the completion of the contract or satisfactory performance thereof, stood extinguished and that the second performance bond bad not matured turn enforcement at the time of invocation i.e. ..... on 17th april 1989 for the reason that the starting period for the warranty has not arisen, by virtue of the fact that indian airlines bad not issued the formal acceptance as contemplated by article 93 of the contract, and as a matter of fact, even the completion certificate in terms of article 27 bad not been issued. ..... from subsequent payments to be made for material and work executed until the total amount of advance payment bad been recovered by getsco. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1985Delhi151
..... (7) the next contention of the appellant is that the said notification was bad because it was issued by the ministry of home affairs, while the subject has been allocated under the allocation of business rules to the ministry of works and housing. ..... inder were bad in law and consequently, the order of recovery of possession made by shri kapoor was a nullity. ..... order illegal or a nullity but it will preclude the presumption of validity from being raised and it will throw a burden on the government to show that the order having been in fact made by a proper authority would not be bad in law. mr. ..... is then this notification bad in law? .....
Tag this Judgment!Court : Delhi
Reported in : AIR1989Delhi17; 1988(2)ARBLR167(Delhi); 35(1988)DLT294; 1988(16)DRJ345
..... that the contracts in question pertain to the work of electrification in the flats to be constructed at vasant kunj under self financing scheme under which there was a time bound programme fixed and the allottees of the flats bad already deposited full amounts and in case the flats were not to be completed/ in time and handed over to the allottees the delhi development authority was bound to pay interest @ 7% per annum to the said applicants ..... it was held by the highest court that the government bad the power to reject the tenders and so long as there was no concluded contract the bidders had not acquired any vested rights. ..... 1 since 1969 and in 1972 he was enlisted as class 1 electrical contractor and according to the petitioner, he bad executed various works of respondent no. ..... so, according to the petitioner, he is being condemned without being given any chance to show that his performance was not bad. .....
Tag this Judgment!Court : Delhi
Reported in : 1986(11)DRJ82; 1986RLR284
..... the objection, not raised in the courts below to which the respondent has bad no notice that it is going to be urged cannot be allowed to be urged in the second appeal. ..... khanna's case (supra) saying that in that case the tenant bad raised the plea that the eviction petition did not disclose a cause of action and on that ground the eviction petition was rejected. ..... thus, it has been pleaded that the landlady bad only one room which accommodation was not sufficient. ..... in the said case the landlady bad omitted to state in the eviction petition that she bad no other reasonably suitable accommodation. ..... of 1964 decided on 5th april, 1966, in which their lordships had held that the mere fact that the amount given in the notice was incorrect was no ground for holding that the notice was bad and 80 the suit was not maintainable. ..... a 1 was even otherwise bad in law inasmuch as it raised a demand for arrears of rent @ rs. .....
Tag this Judgment!Court : Delhi
Reported in : 1991CriLJ669; 42(1990)DLT186; 1990(19)DRJ121
..... place between b.s.aujla and peter teh for getting the ship and price of the ship was also got reduced from 2 million us dollars to 1.5 million us dollars, and v.k.jain also bad given out that in case prices of those items are quoted as somewhat lower level the indian traders would grab those items and would readily open letters of credit and already directions had been ..... i may mention that in the charge-sheet the central bureau of investigation (for short 'cbi') bad mentioned about the conspiracy having been made between v.k..jain and b.s.aujla during visits of v.k. ..... jain were valued clients of the insurance company as they bad been giving insurance business to this insurance company for the last about five years and had ..... he also mentioned in his statement that his son bad agreed to help in the matter and be told his son that be would arrange the finance for making payment to peter teh and others from whom he would have to obtain back up ..... was party to the conspiracy and bad done any act in pursuance to ..... aujla bad moved in the matter and bad found out the price of scuttling of a ship from peter teh and bad also got in touch with the parties who could supply false documents with regard to aforesaid items and the price they would charge for preparing the false documents ..... be shown on the ship, he had 10,000 empty drums already available in his godown and had asked.ramdas nair to fill those drums with water which nair had agreed to do so, and he bad conveyed all these information to v.k. .....
Tag this Judgment!Court : Delhi
Reported in : 39(1989)DLT517; 1990(18)DRJ30; 1989RLR513
..... it was, possibly, not urged on behalf of the corporation that to the sale of the quarters in nimri the provisions of section 200(b) or (c) were attracted presumably because the said quarters bad been constructed out of the funds received from delhi admn. ..... this scale of pay was sought to be revised as ihe corporation bad adopted the recommendations of the third pay commission, it appeals that there was some difference of opinion between the corporation and the commissioner and the said resolution was not given effect to. ..... but, just as in mandya's case, the government bad no right to command the council to part with possession of the site. ..... the petition had been filed by employees of the corporation who had been allotted flats in the nimri colony which flats bad been constructed by the corporation. .....
Tag this Judgment!Court : Delhi
Reported in : 1992CriLJ1959; 45(1991)DLT322; 1991(21)DRJ279
..... remained in the house of the accused till 22nd june, 1987 and gained consciousness on 32nd june, 1987'.with regard to the arrest of the accused, she categorically stated that when the police bad taken her to shahdara, the accused was not present at his house and that be was arrested later on by the police and 'i was not prevent at the time of apprehension of ..... interestingly, she stated, inter alia, that she became an conscious at the bus stand on 15th june, 1987, that she did not know bad removed her from there, that she did not complain to anyone about anything while she was at shahdara despite the fact that there were four rooms in the house ..... were well developed, there were no marks of bruises or injuries on her person, hymen was torn (old tears) and introit us admitted two fingers easily she further stated that kiran bad not menstruated for the last three months and that she bad advised urine left to ascertain pregnancy as the size of the uterus was bulky. ..... public witness -2 is the uncle of kiran, who along with asha devi bad accompanied her to the police station and then to shahdara on the 23rd june ..... on the other hand, if it were to be taken that she bad regained consciousness on the 16th june, 1987, it would be too much to believe that a person kidnapped and subjected to rape, as alleged in this case, would submit herself to such acts for as many as ..... public witness -8 constable raj kumar bad carried the parcel containing the vaginal swab of kiran from safdarjang hospital for .....
Tag this Judgment!Court : Delhi
Reported in : 31(1987)DLT331
..... rent controller relied on the said document but the learned tribunal was of the opinion that since the entire register bad not been produced and it could not be found whether it was signed by respondent no 2 or not, it was not safe to rely on the said evidence. ..... 2 had shifted the venue of bids legal practice from dehradun to delhi much prior to the date of the letting while sbri mangal sain bad been transferred to delhi after the letting. ..... rent controller after referring to the entire evidence led by the parties came to the conclusion that the premises bad been handed over to respondent no. ..... rent controller was right in holding that shri mangal sain was the tenant and he bad inducted respondent no. ..... 2, parties bad led evidence on the question as to who was the tenant. ..... he bad signed the register after having seen that mr. .....
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