Court : Delhi
Reported in : AIR1974Delhi223; ILR1974Delhi606
..... failed to make payments on these dates. they, thereforee, committed breach of the original contract. then they came out with fresh proposals to secure plaintiff's forbearance from securing performance of the original contract and recover the price of the bags sold and entered into a fresh arrangement which is incorporated in the agreement ..... of arbitration of the bengal chamber of commerce & in dustry at calcutta, to be arbitrated upon in accordance with the rules of such tribunal in force for the time being and the award of the arbitrators appointed thereby shall be final and binding upon the parties to this contract. .......'.the argument on ..... 1) questions for decision in this appeal from an order of the learned single judge rejecting the application filed by the appellants under section 34 of the arbitration act are: (1) whether the original contract of sale between the parties containing an arbitration clause stood superseded by the subsequent arrangement agreed to between them and .....
Tag this Judgment!Court : Delhi
Reported in : [1978]48CompCas277(Delhi)
..... defendant bank where considerable business was done with pakistanis. he called himself e. and sought to open a new account in that name. he told the security officer, who had authority to open new accounts, that he was thinking of going into business as a restaurateur, signed the particulars required by the ..... the constitution of india deal with the question of succession to the property, assets, rights, liabilities and obligations of the government which existed before the coming into force of the new constitution. article 294(a) relates to 'property and assets' and article 294(b) relates to 'rights, liabilities and obligations whether arising out ..... or conspiracy of the other officials including other clerks, assistant superintendent, superintendent and gazetted officers who were instrumental in the processing of the bills. the defendant acting as an agent for collection on behalf of r.k. bhatt, account-holder, submitted the two bills for collection along with letters, exhibits px-2 and .....
Tag this Judgment!Court : Delhi
Reported in : AIR1981Delhi144; 19(1981)DLT293; ILR1981Delhi619; 1981RLR290
..... to say that he has acquired a 'good possessory title' against every one else except the real owner is to equate him' to a wrong doer who takes possession by force or fraud, under no colour of title, no statute, and refuses to hand over possession. see kura v. deputy c. g., e. property, : air1974delhi142 . once ..... stayed the suit. (9) after the order of the senior sub judge the respondents filed a revision petition under sec. 27 of the administration of evacuee property act, 1950 (the act) on 12-4-1966 before the custodian general, new delhi, praying that the property in question was non-evacuee property and was owned by the respondents and ..... punjab evacuee (administration of property) ordinance iv of 1947 which was repealed and replaced by the east punjab evacuee administration of property act, (act 14 of 1947). on 17-4-50, the administration of evacuee property act, act 31 of 1950, received the assent of the president of india, sec. 58 repealed the earlier laws of automatic vesting. sec. .....
Tag this Judgment!Court : Delhi
Reported in : 1998VIAD(Delhi)513; 1(1998)CLT338; 77(1999)DLT193; 1999(48)DRJ603
..... of five years from the date of this agreement, this agreement would become null and void and the builders would be entitled to get back only their security deposit and no other expense incurred by the builders will be reimbursed by the owners.'3. it is pleaded that within the stipulated period of five years ..... 1985 in part performance thereof and, thereforee, they are entitled to protect their possession by virtue of the provision contained in section 53a of the transfer of property act. additionally, it was urged that defendants 1 & 2 had an implied irrevocable license to occupy the suit land until completion of the construction and in support of ..... attorney holder, shri r.k. dhawan is authorised to assist and expedite construction process by (i) obtaining sanction for group housing scheme under the urban land & ceiling act; .....' 9. if the land covered by the five joint venture agreements was not to be developed under the group housing scheme, there was absolutely no occasion to have .....
Tag this Judgment!Court : Delhi
Reported in : 2002VIIIAD(Delhi)12; AIR2002Delhi357; 98(2002)DLT738; 2002(64)DRJ204
..... of like nature are relevant and cogent circumstances which the respondents were entitled to take into consideration while granting or refusing to grant security clearance to the petitioner company..'28. section 6 of the act to which reference has beeb made by the respondents reads as under:-6. power of central government to make orders in emergency, ..... xi to air craft rules, 1937 while the power to determine the permit on grounds of national security and public safety are, apart from being inherited from the authority itself are contained in section 6 of the air craft act read with rule 19(3)(c) of the air craft rules.'27. the respondents have concluded ..... a show cause notice or hearing apart from being expressly ruled out by the air craft act and the rules framed there under, would further have resulted in totally negation of the power jeopardizing the public safety and national security. it was under these emergent circumstances that the power to cancel the approval granted in favor .....
Tag this Judgment!Court : Delhi
Reported in : 1995IAD(Delhi)1143; 57(1995)DLT781; 1995(33)DRJ237; 1995RLR278
..... rest judicata. the learned counsel then referred to vellappan vs. peter thomas, : air1979ker194 . it is a case of fraud. learned counsel said that the landlord had secured the order from the competent authority by playing fraud. his lordship mr. justice v. khalid, as his lordship then was, held that principle of rest judicata is ..... no other material should be looked into . in paragraph 10 their lordships observed as follows :- 'undoubtedly the procedure prescribed in chapter iii-a of the act is materially different in that it is more harsh and weighted against the tenant. but should this procedural conundrum change the entire landscape of law? when a ..... application for framing two issues regarding survey no. 122 and prayed for those two issues being referred to the tenancy court under bombay tenancy and agricultural lands act, 1948. the trial court rejected the application. calling in question that order the revision petition was filed by the plaintiff. in opposing the revision petition the .....
Tag this Judgment!Court : Delhi
Reported in : AIR2003Delhi10
..... beyond the rule-making power of the central government.according to the petitioner, the provisions of the motor vehicles act, 1988 (in short, 'the said act') do not envisage that there should be a separate registration/number plate having regard to the security aspect of the matter. it was contended that safety of a car as contra-distinguished from safety of ..... imperishable nature for minimum five years. the fast coloring of legend and border to be done by hot stamping. (ii) the plate should bear the letter 'ind' in blue colour on the extreme left centre of the plate. the letter should ..... solid unit made of 1.0 mm aluminium conforming to din 1745/din 1783 or iso 7591. border edges and corners of the plate shall be rounded to avoid injuries to the extent of approx. 10mm and the plates must have an embossed border. the plate shall be suitable for hot stamping and reflective sheet has to be guaranteed for .....
Tag this Judgment!Court : Delhi
Reported in : 2000(55)DRJ151
..... of the courts, so that statutory provisions which purport to exclude judicial review are constructed restrictively. there are, however, certain areas of governmental activity, national security being the paradise, which the regard themselves as incompetent to investigate, beyond an initial decision as to whether the government's claim is bona fide. in ..... influenced by irrelevant considerations, must not seek to promote purposes alien to the letter or to the spirit of the legislation that gives it power to act, and must not act arbitrarily or capriciously. these several principles can be conveniently grouped in two main categories; (i) failure to exercise a discretion, and (ii) ..... must be exercised only by the authority to which it is committed. that authority must genuinely address itself to the matter before it, it must not act under the dictates of another body or disable itself from exercising a discretion in such individual cases. in the purported exercise of its discretion, it must .....
Tag this Judgment!Court : Delhi
Reported in : 2007(98)DRJ326; [2008(116)FLR326]; (2008)ILLJ759Del
..... assigned to the 12 piece rate casual workers were not mentioned in the report, the same could neither be relied upon nor could the same be acted upon. there is force in the argument of the counsel for the rpfc that the said information was not relevant at the time of deciding the issue of coverage of ..... dated 28th january, 2000 passed by the regional provident fund commissioner (rpfc), delhi under section 7a of the employees' provident funds and miscellaneous provisions act, 1952 (for short `the act') whereby the act was made applicable to the petitioner establishment with effect from 1st june, 1989 on the ground that as on 5th june, 1989, strength of the ..... the petitioner establishment under the act and that the aforesaid information would only be necessary once the petitioner establishment was held to be covered under the act by calling .....
Tag this Judgment!Court : Delhi
Reported in : 3(1967)DLT15
..... ask for any opportunity to addace any evidence in rebuttal and indeed after various adjournments addressed arguments on the case without any prtoest and took the chance of securing a decision on the merits. though a faint suggestion has been thrown in a half-hearted manner that an oral request was made for opportunity to lead rebutal ..... likelihood of an operative prejudice on his part. the existence of that relationship with one of the parties, unknown to the toher, was held to disqualify him from acting as an arbitrator. on this finding, the submission was revoked. reference has also been made to the bench decision of the calcutta high court in k. p. ghose ..... appeal, against the appellant mohammad and liaqat hussain. the impugned order was made in the proceedings following the appointment of an arbitrator under section 20 of the arbitration act and the making of award by the arbitrator. the arbitrator filed his award in the court on 30th april. 1962, and in pursuance of ntoice of the said .....
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