Court : Delhi
Reported in : 131(2006)DLT648; [2006(111)FLR661]; (2007)ILLJ50Del; 2007(2)SLJ258(Delhi)
Gita Mittal, J.1. By this writ petition the petitioner has impugned an order dated 4th September, 2001 passed by the Controller under the Payment of Gratuity Act, 1972 and the order dated 30th June, 2004 passed by the Appellate Authority confirming the same.2. Shri Vijay Kumar Churiwala (Respondent No. 2 herein) filed a claim against Filmistan Exhibitors Ltd., petitioner before this Court under the Payment of Gratuity Act, 1972 alleging that he was employed with the petitioner since December, 1963 and he worked continuously till 30th October, 2000. He claimed that on this date, the petitioner refused duty to him and thereby his services were terminated after a continuous employment of nearly 37 years. As the petitioner refused to pay gratuity amount payable to the respondent no. 2 under the Payment of Gratuity Act, 1972, he served a notice dated 25th January, 2001 by registered post as well as under postal certificate. The petitioner did not deny the assertions made in the notice by an...
Tag this Judgment!Court : Delhi
Reported in : 150(2008)DLT769; 2008(105)DRJ721
S. Muralidhar, J.Introduction1.1 Over three and a half years ago, an internet website carried a listing which offered for sale a video clip, shot on a mobile phone, of two children of a school in Delhi indulging in an explicitly sexual act. The petitioner, who was the Managing Director (MD) of the company that owned the website at the relevant point in time, asks this Court to annul his criminal prosecution for the offences of making available for sale and causing to be published an obscene product within the meaning of Section 292 Indian Penal Code (IPC) and Section 67 of the Information Technology Act 2000 (IT Act). This petition under Section 482 of the Code of Criminal Procedure 1973 ('CrPC') also raises questions concerning the criminal liability of directors for the offences attributable to a company, both under the IPC as well as the IT Act, particularly when such company is not arraigned as an accused. 1.2 Before discussing the background and the sequence of events leading to t...
Tag this Judgment!Court : Delhi
Reported in : ILR1987Delhi323
..... dated 16th march, 1973. inasmuch rule 25 related only to admission of members, and specified which of the members were not eligible for becoming numbers of the cooperative societies, the mine could have no application to those who had already been admitted as members of cooperative society prior to 2nd april, 1973 when the said act and the said rules came .....
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1. Controversy has been triggered, prompting filing of all these petitions, as a consequence of the decision of Government of NCT of Delhi in revising the school fee payable by the students studying in various private recognized Schools in Delhi. This decision is contained in order dated 11th February, 2009. Whereas, the parents body representing the students studying in these schools feel that enhancing the fee is unreasonable and without any proper procedure which was required to be followed as per the mandate of law and earlier judgment of this Court as well as the Supreme Court, the Management of these Schools feels otherwise. They are equally dissatisfied with the impugned order dated 11th February, 2009 with a reason just opposite, as according to them, its a meagre enhancement in the fee which fails to match financial burden cast upon the schools as a result of the revision in the pay scale of the Teachers and other staff of the Schools consequent upon implementation of the reco...
Tag this Judgment!Court : Delhi
Reported in : [1987]62CompCas769(Delhi)
Rajinder Sachar, C.J.1. This and the connected writ petitions challenge the constitutional validity of Chapter II-C read with section 58B (5A) of the Reserve Bank of India Act, 1934, introduced by the Banking Laws (Amendment) Act, 1983 (Act 1 of 1984) (to be called 'the impugned legislation'). They would be disposed of by this common judgment. The main averments of facts are being taken from this petition for illustrative purpose, otherwise the arguments on questions of law are all common. The petitioner's contention is that the provisions of the said Chapter, particularly section 45S read with section 58B (5A) are vocative of the petitioner1`s fundamental rights guaranteed under articles 19 and 14 of the Constitution of India. The petitioner also challenges the legislative competence of Parliament to enact the said impugned provisions. 2. The newly incorporated section 45S of the Reserve Bank of India Act provides that no individual or firm or an unincorporated association of individu...
Tag this Judgment!Court : Delhi
Reported in : 139(2007)DLT578
..... by the appropriate government, by notification but does not include any building or other construction work to which the provisions of the factories act, 1948 (63 of 1948) or the mines act, 1952, (35 of 1952) apply;(e) 'building worker' means a person who is employed to do any skilled, semi-skilled or unskilled, manual, supervisory, technical ..... well. one such decision is that of the constitution bench of the hon'ble supreme court in hingir-rampur coal co. ltd. v. state of orissa : [1961]2scr537 . the challenge was to the cess levied by the orissa mining areas development fund act, 1952. the petitioners there contended that the cess levied was not a fee but a ..... duty of excise on coal and hence beyond the legislative competence of the state. in the alternative it was contended that even assuming .....
Tag this Judgment!Court : Delhi
Reported in : [1980]125ITR510(Delhi)
..... when it observed that collusion and inflation would not entitled the i.t. authorities to substitute their own figure of actual cost. 13. in the case of guzdar kajora coal mines ltd. : [1972]85itr599(sc) , the deed of conveyance executed in favor of the assessed purported to transfer certain assets for a consideration of rs. 6 lakhs paid ..... enable it to claim higher depreciation, etc. 12. we find that the term 'actual cost' came up for consideration before the supreme court in the case of guzdar kajora coal mines ltd. v. cit : [1972]85itr599(sc) . it was observed that the original cost of a particular asset is a question of fact which has to be determined ..... the supreme court, it was held that there was no error on infirmity that would justify interference by the supreme court. 14. similarly, the calcutta high court in jogta coal co. ltd. v. cit : [1965]55itr89(cal) , observed that if the circumstances showed than an assessed had arranged to put a fictitious price on his assets in .....
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..... 806, tata oil mills co. ltd. v. workmen, air 1965 sc 155, jang bahadur singh v. baij nath tiwari, air 1969 sc 30 and kusheshwar dubey v. m/s. bharat coking coal ltd., air 1988 sc 2118. thereafter, their lordships referred to the entire case law which was reviewed again in the case of state of rajasthan v. b.k. meena, (1996 ..... when a challenge is made to continuation of the disciplinary proceeding or enquiry, when the same person is facing criminal prosecution. 21. in capt. m. paul anthony v. bharat gold mines ltd. and anr., air 1999 sc 1416, it has been stated thus: "13. as we shall presently see, there is a consensus of judicial opinion amongst the high courts whose .....
Tag this Judgment!Court : Delhi
Reported in : 156(2009)DLT172
..... . when the historic document was made at runnymede in 1215, the first statutory recognition of this principle found its way into the 'magna carta'. the classic exposition of sir edward coke of natural justice requires to 'vocate interrogate and adjudicate'. in the celebrated case of cooper v. wandsworth board of works 1963 (143) er 414, the principle was thus stated : even ..... to imply that the person who may be affected by such a decision should be afforded an opportunity to prove that the proposed step would not advance the interest of mines and mineral development. not to do so will be violative of the principles of natural justice. since there is no suggestion in the section to deny the right of the .....
Tag this Judgment!Court : Delhi
Reported in : AIR1997Delhi267b; ILR1997Delhi22
ORDERAnil Dev Singh, J. 1. There are two sets of writ petitions before us. In Civil Writ Petitions Nos. 1016/92, 1272/92, 1749/92, 1631/92, the petitioners challenge certain amendments carried out in the Wild Life (Protection) Act, 1972 by the Amendment Act No. 44 of 1991 whereby the trade in imported ivory and articles made there from have been banned. In Civil Writ Petitions Nos. 1303/92 and 1964/93 the grievance of the petitioners is that though they are not covered by the Wild Life (Protection) Act, 1972 and the Amendment Act No. 44 of 1991, the authorities are taking action against them for their being in possession of mammoth ivory and articles made there from. Besides, like Writ Petition No. 1016/92 etc. they also challenge the amendments carried out in the Wild Life (Protection) Act, 1972 by the Amendment Act No. 44 of 1991. 2. In so far as the first category of cases are concerned it will be convenient to deal with Writ Petition No. 1016/92 as the points raised in this writ pe...
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