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Sylvania and Laxman Ltd. and Another Vs. Union of India and Others

Court : Delhi

Reported in : 1982(10)ELT463(Del)

..... letters dated february 16, 1979 (annexure g) and march 20, 1979 (annexure k) and further direct them to approve the price list submitted by the first petitioner without reference to proviso (iii) of section 4(1)(a) read with section 4(4)(c) of the act and to permit the first petitioner to clear the goods referred to in the agreement dated january 25, 1979 entered into between the first petitioner and m/s ..... sells to its dealers or distributors is taken as the assessable value, the levy may become one in the nature of sales tax in which case the levy, if authorised by the provisions of the act, would become ultra virus the legislative competence of the parliament and the provisions would have to be struck down ..... it is also not in dispute that the assessable value has to be arrived at in accordance with the provisions of the act and rules framed there under which gives the basis for making the levy on such value comprised of manufacturing cost and manufacturing profits to be computed in accordance with the rule laid down by the ..... if a reading of section 4(1)(a), proviso (iii) read with section 4(4)(c) and (d) of the act along with the relevant rules permits levy of excise duty in the manner in which the respondents are doing, the said provisions of the act and the rules will be beyond the legislative competence of parliament as parliament cannot legislate with regard to sales tax and would have to be struck down as being ultra virus the legislative competence of ..... dave, : 1978(2)elt444(sc) 3 .....

Neelam Kalra Vs. Vinod Kalra

Court : Delhi

Reported in : 19(1981)DLT250; 1981RLR271

..... (24) on 12th january, 1978, a petition was filed under section 13(1)(ia) and 13(1)(ii) ofthe hindu marriage act, 1955 (to be referred to in brief as 'the act'). ..... that the appellant had been behaving abnormally and acting in a manner to cause mental anguish to the respondent. ..... he submits that the acts and incidents which took place before 13th september, 1977, have been condoned by the respondent as the parties cohabitated thereafter; and the incidents of 28th september, 1977 and 16th october, 1977 are not ..... on 3rd april, 1978, the written statement was filed and thereafter the replication. .....

Kundan Lal Mehta, Vs. Prakash Wati

Court : Delhi

Reported in : 19(1981)DLT314; 1980(1)DRJ102

..... bona fide requirement : learned counsel for the appellants contends that the landlady's husband had heart trouble in november 1954, she took proceedings to obtain permission under the slum areas (improvement & clearance) act with a view to institute the eviction proceedings but she filed the present eviction case in march, 1972. ..... learned counsel for the appellants in support of his contention that if all ingredients under clause (e) of section 14(1) of the act, are not pleaded the petition is liable to be rejected, relies upon the following authorities : 1. ..... respondent landlady is not in possession she may have to take action under section 14 of the act to evict him but it is not necessary that on this ground she can be non-suited. ..... accordingly filed a petition under section 9 of the slum areas (improvement and clearance) act, 1956 and the competent authority by order dated 5th april, 1966 granted the permission. ..... all the ingrcients constituting the cause of action within the meaning of clause (e) of section 14(1) of the act are not pleaded and proved the landlord is not entitled to an order of eviction. ..... (1) this is tenant's appeal under section 39 of the delhi rent control act, 1958 (hereinafter called 'the act') against the judgment and order of the rent control tribunal dated 26th april, 1979 by which it accepted the landlady's appeal from the order of the additional controller dated 10/2/1975 and passed an order of ..... gurdas ram and others 1978 (2) r.c.j. ..... harbans lal 1978 (2) r. .....

Rup Chand Vs. Shanti Devi

Court : Delhi

Reported in : 32(1987)DLT269; 1987RLR415

..... 172 mr justice sultan singh observed that since the petition for ejectment did not disclose that the tenses were let out for residential purposes, all the essential ingredients on under section 14(l)(e) of the act had not been pleaded consequently he held that under the provisions of order vii rule 11, civil procedure code which were mandatory, the eviction petition had to be rejected as it did not disclose ..... in that case the learned judge was of the view that the application could not be rejected or dismissed even though it failed to allege all the ingredients of section 14(l)(e) of the act and even though the objection was taken in the written statement because all the grounds are implied in the various facts stated in the application and there was no need of any amendment ..... in the said decision while dealing with the question of eviction under section 14(1)(e) of the act-it has been observed that the landlord has a duty not only to allege and prove that he needs premises for his own use but also to aver and prove that he is not in ..... krishna iyer speaking for the court opined in paragraph 10: 'the rent act contemplates no elaborate pleadings but filling out of particulars in a proforma which takes the ..... in order to obtain an order of eviction under section 14(1)(h) of the act, it is accessory to plead that the tenant has either (i) built, or (ii) acquired vacant possession of, or (iii) ..... onkarnalh.vedvyas, 1978 (2) r.c.j. ..... directed production of the sale-deed, if possible, by 3/07/1978. .....

Hindustan Lever Ltd. a Company Incorporated Under the Companies Act Vs ...

Court : Delhi

Reported in : 114(2004)DLT394; [2005(104)FLR673]; (2005)ILLJ453Del

..... (ii) industrial dispute no.47 of 1976 in the labour court, meerut later renumbered as no.42 of 1978 in the labour court, ghaziabad raised by the respondent challenging his transfer by an order dated 26th september, 1975 from ghaziabad (where he was working) to delhi. ..... case no.37 of 1975 being an application filed by the respondent under section 33-c(2) of the act in the labour court, meerut for recovering dearness allowance payable according to the progressive linkage with the cost of living index. ..... in the impugned order, the learned tribunal held that an approval application filed by the petitioner under the provisions of section 33(2)(b) of the industrial disputes act, 1947 (for short the act) was not maintainable in delhi. ..... it was noted in lalbhai that the act does not deal with the causes of action, nor does it indicate what factors will confer jurisdiction upon a labour court. ..... on the other hand, the contention of learned counsel for the respondent was that the petitioner had filed the application under section 33(2)(b) of the act in delhi with a mala fide purpose. ..... immediately thereafter, the petitioner filed an application under section 33(2)(b) of the act before the learned tribunal (in i.d. ..... case no.1 of 1982 being a complaint filed by the respondent in january 1982 under section 33 of the act read with section 6f of the u.p. .....

Commissioner of Income-tax Vs. Universal Steel and Alloys Ltd.

Court : Delhi

Reported in : [1999]107TAXMAN289(Delhi)

..... the cost of workshop under construction could be taken into account in determining the capital employed in the undertaking for the purpose of granting relief to the company in terms of section 84 (now section 80j) of the income tax act, 1961 ('the act') for the assessment year 1962-63. ..... indian oxygen ltd : [1978]113itr109(cal) answered the aforesaid question in favor of the assessed and against the revenue. .....

Bilju A.T. Vs. Uoi and ors

Court : Delhi

..... this, however, appears to be purely an artificial argument because once a married woman is allowed to continue in service then under the provisions of the maternity benefit act, 1961 and the maharashtra maternity rules, 1965 (these apply to both the corporations as their head offices are at bombay), she is entitled to certain benefits including ..... of instant writ petition, the petitioners have challenged rule 5(a)(d) of the crpf rules, 1995 which is framed under the provision of section 18 of the crpf act, 1949, whereby a separate cadre for women incumbents has been prescribed upto the rank of inspector for the mahila battalion. ..... to us that the termination of the services of an ah under such circumstances is not only a callous and cruel act but an open insult to indian womanhood the most sacrosanct and cherished institution. ..... it is urged that there is no provision under the central reserve police force act permitting maintenance of separate seniority list in respect of women sub-inspector/inspector (gd) or under the rules and the only basis which exists in the rule is that of sub- inspector/inspector (gd), irrespective of gender of the ..... 3(e) of the offer of appointment letter, the respondent has stipulated that on joining this organization you will be governed by crpf act, 1949 and crpf rules, 1955 as amended from time to time. ..... /sc/0133/1978: [1978]2scr621 ..... women si/gds are posted in regular duty battalions; training centres; special protection group; national security guards etc. .....

Collector of Central Excise and Vs. NaraIn Dass Saraf

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1985)(5)LC1772Tri(Delhi)

..... or to the departmental representative ; (f) (i) but then, the question arises, if the dismissal of the appeal itself for the applicant's wilful failure to comply with the direction of the tribunal was unwarranted, in terms of section 129b (1) of the act, inasmuch as, according to the applicant, he was neither heard in the appeal nor was the disposal of the appeal on merits, as it should have been in terms of the aforesaid provision that is as much as to say-the appeal has, necessarily ..... curiae neminem gravabit", if at all applicable ; (iii) further, while it is, undoubtedly true, that the hon'ble supreme court in the aforesaid decision, construing section 33(4) of the income-tax act, 1922, observed (in para 6 of the report of the judgment) that "the scheme of the provisions of the act relating to the appellate tribunal apparently is that it has to dispose of an appeal by making such orders as it thinks fit on the merits", it cannot be overlooked that these observations were made ..... 'ble supreme court had occasion to observe, following the aforesaid maxim, that an omission to mention a case correctly in the cause list was a mistake of the court itself and some indulgence was, therefore, to be shown, since an act of court should harm no person ; (iv) the respondent cannot claim a vested right in such a mistake (1978 crlj 1184-gauhati) ; (v) nor can the rules of the tribunal come in the way of such restitution. .....

Arjun Lal Makhija Vs. Government of N.C.T. of Delhi and Ors.

Court : Delhi

..... the pay fixation can be made only on the basis of the situation existing on 1.8.1978 without taking into account any other consequential relief which may be barred by his laches and the bar of limitation. ..... shree dhyaneshwar maharaj sansthan air1959sc798 , explained the concept of continuing wrong (in the context of section 23 of limitation act, 1908 corresponding to section22 of limitation act, 1963) : it is the very essence of a continuing wrong that it is an act which creates a continuing source of injury and renders w.p. ..... in this connection, it is necessary to draw a distinction between the injury caused by the wrongful act and what may be described as the effect of the said injury. in m.r. ..... (c) 8931/2014 page 5 of 8 the doer of the act responsible and liable for the continuance of the said injury. ..... if, however, a wrongful act is of such a character that the injury caused by it itself continues, then the act constitutes a continuing wrong. ..... if the wrongful act causes an injury which is complete, there is no continuing wrong even though the damage resulting from the act may continue. ..... a `continuing wrong' refers to a single wrongful act which causes a continuing injury. ..... union of india air1996sc669 , the appellant approached the high court in 1989 with a grievance in regard to his initial pay fixation with effect from 1.8.1978. .....

Ramjas Foundation Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : AIR2004Delhi238; 110(2004)DLT10; 2004(73)DRJ128

..... respondent it was submitted that there is no question of unilateral decision of the state government for withdrawal from the acquisition as notifications under section 4 and 6 of the act were issued and thereafter the acquisition process is completed and has attained the finality after award and taking possession. ..... , petition was filed earlier challenging notification under sections 4, 6 and notices under sections 9 and 10 of the act, and having failed in this court, the matter was taken to the apex court, where also the petitioner failed ..... the acquisition was rejected and it was held that there cannot be any question of discrimination merely because some of the lands were denotified in exercise of the powers under section 48 of the act, it seems to us that in case some land is wrongly denotified for showing favor to a party, such action of the state can be challenged. ..... this court, considering various decisions and provisions of law, is of the opinion that under the act it is open for the government to acquire the land or land with built-up area, on being satisfied that the same is required ..... was satisfied that it is a case which requires no exercise of power, under section 48 of the act, and the land is required for development, it cannot be said that the court is required to ..... the petition was dismissed on 31.1.1978 by a division bench of ..... observed that the appellant had taken advantage of obtaining a stay order which was continuing for the last 14 years, as slp was filed in 1978 itself. .....