Court : Delhi
Reported in : 163(2009)DLT148
Kailash Gambhir, J.1. This order shall dispose of the Writ petitions bearing Nos. 3850/1992 and 3887/1993. WPC No. 3850/1992 is taken as the lead case.2. By way of these petitions filed under Article 226 of the Constitution, the petitioners are assailing the order dated 28/5/1992 in WPC No. 3850/1992 and order dated 17/5/1993 in WPC No. 3887/1993 passed by the Regional Provident Fund Commissioner, Delhi under Section 14B of the Employee's Provident Fund and Miscellaneous Provisions Act, 1952.3. The brief conspectus of the facts relevant for deciding the present petitions is as under:The petitioner were required to pay P.F. and P.P.F. Contributions, Insurance Fund Contributions and Administrative charges payable under Sections 6, 6A and 6C of the Employee's Provident Funds and Miscellaneous Provisions Act, 1952 and under the provisions of EPF Scheme, 1952 and EDLI Scheme, 1976. Since the employers failed to pay the said contributions and administrative charges due as required by law for...
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Reported in : 151(2008)DLT402
Sanjay Kishan Kaul, J.1. The plaintiffs 'the purchasers' have filed the present suit for specific performance of Agreement to sell dated 30-09-1986 (Ex. PW1/2 ) of the property situated at A-2, Pamposh Enclave, New Delhi admeasuring 698.60 sq. yds (hereinafter referred to as the said property). The defendant Nos. 1-4 in the present case are the legal heirs of Smt. Vijay Malini Kaula, the seller, of the said property.2. A perpetual sub-lease (Ex. P1), duly registered, dated 05-02-1973 was executed in favor of the said seller by the President of India as the Lesser and the Kashmir Cooperative House Building society Ltd. as the lessee for a consideration of Rs. 13,105 towards development charges.3. The said seller constructed a residential house with a covered area of 3723.08 sq. ft. at the cost of Rs. 2,48,000 on the said property (being a residential plot of land) for which an occupancy certificate was issued by the DDA on 29-12-1984. Later the seller decided to permanently settle in Ni...
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Reported in : 1999(51)DRJ498; (2000)ILLJ1041Del
Madan B. Lokur, J.1. Hopefully, this decision Will bring an end to this litigation which has been pending since 1973.2. The Petitioner is a partnership firm which came into existence on 1st April, 196 with three partners namely, Amar Singh Katari, Sant Singh and Jagdish Singh. The business of the firm is to manufacture ink. The firm is said to maintain two premises both of which are registered for the purposes of sales tax under the local laws as wellas under the Central Sales Tax Act. The premises are also registered under the provisions of the Delhi Shops and Establishment Act, 1954. 3. Sometime in August 1969, Respondent No. 1 asked the Petitioner to furnish information for the purpose of examining whether the Petitioner would be covered by the provisions of the Employees' Provident Funds and Family Pension Fund Act, 1952 which is now known as the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the Act). 4. The Petitioner supplied the inf...
Tag this Judgment!Court : Delhi
Reported in : [1973(26)FLR323]; ILR1973Delhi519; 1973LabIC1451
..... ) are analogous to execution proceedings. the observations of dua, j. to this effect have already been set out. the same view was stated by shelat, j. in chief mining engineer, m/s. east india coal co., ltd. v. rameshwar and others : (1968)illj6sc section 33-c(1) covers cases where money is due to a workman from an employer under a settlement ..... invited my attention to a decision of ramakrishnan, j. in management of kodaikanal motor union (p) ltd. v. a. nallathambi (1969 lab. i.c. 1314 after referring to east india coal co. v. rameshwar (1968 i lab l. j. 6)(8) and some observations of shelat, j. therein ramakrishnan, j. observed as follows :- 'butthese last observations do not m;an that .....
Tag this Judgment!Court : Delhi
Reported in : AIR1978Delhi199
ORDER1. The election petition under S. 81 of the Representation of the People Act, 1951 calls in question the election of Shri Ved Prakash to the Metropolitan Council for Delhi from Constituency No. 33, Rohtas Nagar and is based on two broad facts. The first is the improper rejection of the nomination papers of Shri Devinder Kumar and the second is the illegal inclusion and exclusion of certain areas from constituency No. 33 after the publication of order No. 40 dated April 28, 1975 issued under S. 10(1) read with S. 2 of the Delimitation Act, 1972.2. The total number of seats in the Metropolitan Council for Delhi as provided in S. 3 of the Delhi Administration Act, 1966 to be filled by persons chosen by direct election from territorial constituencies is 56. By virtue of S. 9 of the said Act, the provisions contained in Parts Iii to Xi of the Representation of the People Act, 1951 (hereinafter referred to as the Act) and of any rules and orders made there under, for the time being in f...
Tag this Judgment!Court : Delhi
Reported in : ILR1971Delhi477; [1972]85ITR261(Delhi)
..... problem. (9) in morgan v. tate(1) the company was engaged in sugar refining and it incurred expenses in a propaganda campaign to oppose the threatened nationalisation of the industry. the commissioners for the general purposes of the income-tax found that 'the sum in question was money wholly and exclusively laid 'out for ..... was said that it was an expense to an association whose object was to keep a watchful eye on the proceedings, no doubt in the interest of mining of coal generally, but without that character of particular service which was prominent in the case of proceedings before a conciliation board. similarly with regard to the amounts ..... purposes they were not admissible. (22) it was urged by the learned counsel for the revenue before us that if subscriptions to the mining association of great britian and for experimenting with coal dust were not admissible much less can the subscriptions for contributions made by the assesses in the present case be to the vanaspati manufacturers .....
Tag this Judgment!Court : Delhi
Reported in : [1974]44CompCas390(Delhi); ILR1972Delhi413
..... of any company or association which is- (a) registered as a company. .. .......; or (b) formed or incorporated. .........; or (c) a company engaged in working mines. .........; is not a partnership within the meaning of this act.'(90) section 5 of the indian partnership act, on the other hand, specifically provides that the relationship of partnership ..... that the quantity allotted was much more than consumed. biogases was also consumed instead of coal, thereby effecting saving in coal. all this coal was alleged to have been sold in the black- market. para 33 of the petition was verified on the appellant's information and ..... amounts without bringing the sale proceeds in the company's books. para 33 of the petition relies on company's records to show the total quantity of coal allotted and consumed, the consuming capacity of the boilers and number of hours worked. calculations from these records, would have revealed, said the appellant, .....
Tag this Judgment!Court : Delhi
Reported in : [1984]55CompCas81(Delhi); 1982CriLJ2230; ILR1983Delhi419
..... propositions. with due respect, i must say, the firist proposition is obviously inappropriate because there is no question of share capital in the case of a nationalised bank, there being no share as such so as to make them a company much less a government company. they are indian companies only for the purpose ..... for the delhi development authority next painted out that the dda is not prosecuting the managing directors but the chairman who is appointed under clause 5 of the nationalised banks (management & miscellaneous provisions) scheme, 1970 (herein the scheme). chairman is appointed under clause 5 by the central government out of the several directors appointed ..... the government company is not identified with the union. to the same effect are the observations in regional inspector of mines parsia v. k. k. sengupta and others, 1973 cr. l.j. 1671. as regards whether a nationalised bank is a corporarion or not, with utmost respect, i disagree with the observations made in kurian (supra). .....
Tag this Judgment!Court : Delhi
Reported in : ILR1974Delhi475; 1974LabIC970; (1974)IILLJ306Del; 1974RLR305
..... of construction of section 33c(2) that all questions incidental to the decision of the specified labour court could be properly determined under section 33c(2). (7) in chief mining engineer, east india coal co. ltd. v. rameswar and others : : (1968)illj6sc (3) it was emphasised that labour court had jurisdiction to entertain a claim in respect of an existing right arising ..... the subsistence of relationship of master and servant if the same is denied. such a view would be contrary to what the supreme court has said in the chief mining engineer, east indian coal co. ltd. (supra), namely, that the right to claim a benefit which is sought to be computed must be an existing one i.e. either adjudicated upon or .....
Tag this Judgment!Court : Delhi
Reported in : AIR1974Delhi73; [1974]95ITR197(Delhi)
V.S. Deshpande, J.1. Is Chapter XX-A of the Income-tax Act, 1961 as inserted therein by Taxation Laws (Amendment) Act, 1972 (hereinafter called the Act of 1972) wholly or party a law enacted ' for the purpose of imposting or levying any tax or penalty' within the meaning of Art. 31(5)(b)(i) and /or is it a ' law giving effect to the policy of the State towards securing the principles specified in clause (b) or clause (c) of Art. 39(c) ' within the meaning of the first part of Art. 31-C of the Constitution If not, is it wholly or party unconstitutional as being an unreasonable restriction on the fundamental right to hold property under Art. 190(1)(f) or as authorizing the State to acquire property otherwise than for a public purpose thus contravening Art. 31(2) of the Constitution of as discriminating between similarly situated persons who evade tax liability and conceal income contrary to Art. 31(2) of the Constitution? The following is the back-ground of law and facts out of which the...
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