Court : Delhi
..... proceedings can continue even after retirement if the rules of the organization or statutory rules so permit, then, i am of the opinion that the provision of section 4(6) of the payment of gratuity act must be read by putting more stress not on the aspect of the fact that dismissal order or termination of services order against an employee cannot be passed after retirement but the substance and heart ..... departmental proceedings can continue even after retirement if the rules of the organization or statutory rules so permit, then, i am of the opinion that the provision of section 4(6) of the payment of gratuity act must be read by putting more stress not on the aspect of the fact that dismissal order or termination of services order against an employee cannot be passed after retirement but the substance and heart ..... company if the employee is found in a disciplinary proceeding or judicial proceeding to have been guilty of offences/misconduct as mentioned in sub-section (6) of section (4) of the payment of gratuity act, 1972 or to have caused pecuniary loss to the company by misconduct or negligence, during his service including service rendered on deputation or on re-employment the provisions of section 7(3) and 7(3-a) of the payment of gratuity ..... the provisions of the said act shall prevail over the rules framed by the coal india limited, the holding company of respondent no.1, known as the coal india executives conduct, discipline and appeal rules, 1978 (for short the rules ) .....
Tag this Judgment!Court : Delhi
Reported in : [1981]128ITR388(Delhi)
..... the income-tax act was amended several times in the last 37 years, but no amendment of section 31(3) was undertaken to nullify the rulings, to which we have referred. ..... : [1978]111itr1(sc) . ..... 33 of the act governing appeals to the tribunal allow the commissioner to direct the ito to appeal in case the he objects to the order passed by the aac and this is different from the right of appeal of an assessed. ..... act, 1922, then a completely different types of point is involved. ..... act, and there was no material to support the same. ..... act, in a case where no such claim had been made before the ito. ..... 3) act of 1956, with effect from 1st april 1957, and there is a proviso that the capital gains have to be taken in relation to the price prevailing on 1st january, 1954, so that the capital gains in these cases may be ..... act, 1922. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1992Delhi358
..... principal employer if the principal employer, is not registered under section 7 and/or the contractor does not possess a license under section 12 of the contract labour (regulation and abolition) act, 1970 (for short 'the act), and (2) if the first respondent is a state withhin the meaning of article 12 of the constitution and thus, amenable to the writ jurisdiction a subsidiary question has also been ..... contained in any other law or in the terms of any agreement or contract of service or in any standing orders applicable to the establishment whether made before or after the commencement of this act: provided that where under any such agreement, 'contract of service or standing orders' the contract labour employed in the establishment are entitled to benefits in respect of any manner which are more ..... plea and held that it was not open to the management to contead that it was under the bona fide impression in the teeth of the provisions of the act and said that as long as there was no valid license possessed by the contractor, the management's attitude as also the 378 attitude of the contractor vis-a-vis ..... the industrial disputes act, 1947 the following dispute was referred for adjudication : 'whether the demand that the security guards under contractors are eligible to get the same wages and other benefits enjoyed by the regular security guards of the ashok ..... 20-8-1977 but the workmen still continued to work with the first respondent till their services were terminated on 16-10-1978. .....
Tag this Judgment!Court : Delhi
Reported in : 1995IIIAD(Delhi)109; 58(1995)DLT800; 1995(34)DRJ164; 1995LabIC2389
..... while dealing with the impugned judgment had referred to the terms 'reasonable' and 'public interest' and had opined that if the condition imposed by the local authority is one which no reasonable authority acting within the four corners of their jurisdiction could have decided to impose that would be unreasonable and that could have jurisdiction to see if all that an authority should look into whether it has properly taken ..... , had been discharging his duties in an up-right and fearless manner and had checked the undesirable activities of some of the lecturers including their not taking classes and has named certain acts and has listed certain instances in respect of each of the petitioners, which according to the said respondent resulted in the said petitioners acquiring a bias and grudge against respondent no.5. ..... we are not in agreement with the said contentions and in the light of the aforesaid discussions and various provisions, referred to hereinabove of the university act, statutes and ordinances, we hold that the governing body of the college and failing that, the executive council has the power to impose suspension on respondent no.5 although such action has to be approved ..... is about 8 feet high and fixed on lop with sharp pieces of glass embedded in the middle could not have been climbed by respondent no.5, who is 55 years of age and that even the security guard in his statement under section 161 of cr.p.c. ..... reported as : [1978]2scr272 , which was a case dealing with law .....
Tag this Judgment!Court : Delhi
Reported in : 138(2007)DLT539
..... 19839/2005 decided on 19th october, 2006 where the court had discussed various judgments, regulations, pension rules and provisions of the act at some length and while granting disability pension to persons, who were on recruit leave in one case and casual leave in another, had also discussed the applicability of attributability ..... so as to be implemented lawfully and to achieve its object, but equally true is that no lawful activity can be brought to the aid of an unlawful act and that too by stretching the rules of present kind because it may ultimately result in abuse of the benefit sought to be granted by such rule. ..... casual leave' to be treated as 'on duty' is also supported by the fact that during the period of leave, a person subject to army act is under the effective control and discipline of the force and can be commanded to come back at any time by the concerned authorities. ..... sustain a claim of disability pension, the member of the armed force must be able to show a normal nexus between the act, omission or commission resulting in an injury to the person and the normal expected standard of duties and way of life expected from ..... of the fact that petitioner was on leave, he would continue to be subjected to military law and the injury of the petitioner in view of section 2(2) of the army act should not be viewed myopically as 'not on military duty at that point of time' but viewed in a broader spectrum of `being in military service'. ..... rajappa : (1978)illj349sc and in hameedia .....
Tag this Judgment!Court : Delhi
..... the above extracts and reasoning of the judgment of the high court show that each of the three defendants 1 to 3 had satisfied all the requirements of section 3 of the foreign awards act and each was entitled to have the suit proceedings stayed against them so that the disputes could be resolved only by the foreign arbitration proceedings stipulated by them with the plaintiff in their respective arbitration agreements.40. ..... these purchasers were also made parties to the suit.10.12 it is in this context that the high court had dismissed the application filed under section 8 of the 1996 act by the appellant, on the ground, that the defendants/purchasers, who are parties to the suit, were not a party who were not parties to the arbitration agreement. ..... 11.7 a careful reading of the section would show that even though both section 3 of the foreign awards act and section 45 of the 1996 act begin with a non-obstante clause the power under section 3 of the foreign awards act is to stay the proceedings, which is not the case in section 45 of the 1996 act with the vesting of power of stay comes into play a certain amount of discretion. ..... this apart, as noticed above, the supreme court in the case of renusagar company (supra) followed by svenska handelsbanken (supra) has decidedly observed in the context of section 3 of the foreign awards act that, once the ingredients of the provision stand fulfilled the court was duty bound to stay the proceedings.12. ..... air 1978 bom. .....
Tag this Judgment!Court : Delhi
..... the above extracts and reasoning of the judgment of the high court show that each of the three defendants 1 to 3 had satisfied all the requirements of section 3 of the foreign awards act and each was entitled to have the suit proceedings stayed against them so that the disputes could be resolved only by the foreign arbitration proceedings stipulated by them with the plaintiff in their respective arbitration agreements.40. ..... these purchasers were also made parties to the suit.10.12 it is in this context that the high court had dismissed the application filed under section 8 of the 1996 act by the appellant, on the ground, that the defendants/purchasers, who are parties to the suit, were not a party who were not parties to the arbitration agreement. ..... 11.7 a careful reading of the section would show that even though both section 3 of the foreign awards act and section 45 of the 1996 act begin with a non-obstante clause the power under section 3 of the foreign awards act is to stay the proceedings, which is not the case in section 45 of the 1996 act with the vesting of power of stay comes into play a certain amount of discretion. ..... this apart, as noticed above, the supreme court in the case of renusagar company (supra) followed by svenska handelsbanken (supra) has decidedly observed in the context of section 3 of the foreign awards act that, once the ingredients of the provision stand fulfilled the court was duty bound to stay the proceedings.12. ..... air 1978 bom. .....
Tag this Judgment!Court : Delhi
Reported in : 2007(94)DRJ65
..... in these circumstances, the court noticed that under section 21(5) of the specific relief act, 1963, the compensation cannot be awarded under the section unless the plaintiff had claimed such compensation in his plaint and that the section permitted the plaintiff to incorporate such claim ..... fact that sub-section (4), in turn, invokes section 73 of the contract act for the principles of quantification and assessment of compensation does not obliterate this ..... is a claim for compensation falling under section 21 of the specific relief act, 1963 and the amendment is one under the proviso to sub-section ..... as the applicability of the provision of sub-section 5 of section 21 of the specific relief act, 1963 is concerned, the apex court in : air1992sc1604 , jagdish singh v. ..... the law comes to the rescue of a litigant who acts with due diligence and does all that of demanded if him in law ..... a party when approaches the court of law is expected to act with responsibility and cannot take the procedure of the court as a hand made to frustrate the very object of the civil court for expeditious disposal of ..... present case, it cannot be stated that plaintiff has acted with due diligence at any stage of the suit. ..... it has again been restored by amendment act 22 of 2002 but with an added proviso to prevent application for amendment being allowed after the trial has commenced, unless the court comes to the conclusion that in spite of due diligence, the party ..... again in : [1978]2scr614 entitled ganesh trading .....
Tag this Judgment!Court : Delhi
Reported in : 70(1997)DLT1; 1997(43)DRJ290
..... delhi development authority the question with regard to awarding interest for pre-reference period, but in a case arising after the commencement of the interest act, 1978, came up for consideration and the legal position emanating from earlier decisions of this court including g.c.roy case and jena case, was stated to be as follows : (scc para 34, para 7) 'the constitution bench in ..... with regard to those cases pertaining to the period prior to the applicability of the interest act, 1978, in the absence of any substantive law, contract or usage, the arbitrator has no jurisdiction ..... constitution bench in g.c.roy case had overruled the law laid down in jena case relating to the power of the arbitrator to award interest for the pre-reference period in the post-interest act, 1978 the position was clarified by a three-judge bench in jugal kishore prabhatilal sharma v. ..... no doubt that if the terms of the contract expressly stipulate that no interest would be payable then, notwithstanding the provisions of the interest act, 1978 an arbitrator would not get the jurisdiction or right to award interest. ..... he has argued that the provisions of the interest act, 1978 which came into force with effect from august 19, 1981 do not provide grant of pre-reference interest as section 3 which confers power on court to allow interest has not been ..... did not deal with the question of pre-reference interest in cases coming after the enforcement of the interest act, 1978, which came into force from 19.8.1981. .....
Tag this Judgment!Court : Delhi
Reported in : 24(1983)DLT259
..... (1) shubh chandra jain, an advocate, challenges his prosecution under the punjab excise act, arising out of f.i.r. no. .....
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