Court : Delhi
Decided on : Dec-11-1973
Reported in : ILR1974Delhi475; 1974LabIC970; (1974)IILLJ306Del; 1974RLR305
..... was that the individual petitioner in each of these petitions alleging himself to be a workman made an application to the specified labour court under the aforesaid section of the act for the determination of the amount of money due to him and/or for computation in terms of money of the benefit to which he was entitled. ..... computation of benefits. this contention was not accepted and in this context it was observed that while it is true that the tribunal in a proceeding under section 33c(2) acted as an executing court and as such entitled to interpret the award or settlement on the basis of which the benefit was claimed it could not in ..... gomes and another v. messrs. machinnon machenizie and co. pvt. ltd. bombay: : air1968bom328 , are not applicable. (24) our conclusion, thereforee, is that an application under section 33c(2) of the act can be made only by the workman himself and it must follow that if the workman dies during the pendency of such application, his heirs, successors and legal .....
Tag this Judgment!Court : Delhi
Decided on : Feb-21-1973
Reported in : AIR1973Delhi200; 9(1973)DLT222
..... .1.17. now that brings us to the question whether the appellant has proved the alternative plea of cruelty so as to get relief under section 10(1)(b) of the act. section 10(a)(b) of the act also provides that a decree of judicial separation may be given on the ground that the other party has treated the petitioner with such cruelty ..... respondent continued to be sexually weak the decision to go to the court of law was inevitably made.26. mr. tandon had also sought to urge that under section 23 of the act even if any of the grounds exists for granting relief the court has still to be satisfied that the petitioner has not in any manner condoned the cruelty and ..... order to defeat a party must be such a delay which will operate as bar to the ground of relief operate as bar to the ground of relief under section 23 of the act. that is , the delay which could be described as either unnecessary or improper or as culpable delay. it really means the delay for which some blame can be .....
Tag this Judgment!Court : Delhi
Decided on : Mar-27-1973
Reported in : AIR1974Delhi105; 10(1974)DLT158; ILR1973Delhi452
..... against the respondents.6. before discussing the contentions of the parties, it will be useful to examine the scheme of the act concerning the patents. section 2 is the defining section. part i of the act deals with patents, section 3 provides that an application for a patent may be made by any person whether he is a citizen of india or ..... of the court where the respondent resides or carries on business, or where the subject-matter is located. this conclusion finds support from the provisions of sections 28 and 34 of the act.section 28 gives power to a high court to frame an issue and send it for before another high court or any district court on any question ..... taken in the second case by mr. justice kapur.11. a reference was also made to sister enactments such as the copyright act and the trade and merchandise marks act. section 62(1) of the copy right act provides that every suit in respect of the infringement of copyright in any work or the infringement of any other right conferred by .....
Tag this Judgment!Court : Delhi
Decided on : Dec-14-1973
Reported in : ILR1974Delhi648
..... and substituted with an order of conviction. we allow the appeal, set aside the order of acquittal and convict the respondent under section 7 read with section 16 of the prevention of food adulteration act and sentence him to a fine of rs. 1000.00. in default of payment of fine he would undergo rigorous imprisonment for ..... on august 27, 1968. (3) on receipt of the report of the public analyst, the municipal prosecutor filed a complaint under section 7 read with section 16 of the prevention of food adulteration act, against the respondent. the magistrate found the respondent guilty of the offence charged with and sentenced him to rigorous imprisonment for six ..... against an order of the additional sessions judge, delhi, whereby the appeal of thou ram, respondent herein, against his conviction and sentence under section 7 read with section 16 of the prevention of food adulteration act was allowed. (2) the respondent is a halwai and has his shop in krishna nagar, delhi. on august 9, 1968, v. .....
Tag this Judgment!Court : Delhi
Decided on : Jan-22-1973
Reported in : 1974CriLJ572; 1973RLR259
..... of the central food laboratory under s. 13 contains factual date in respect of the the articles sent for analysis or test. under the proviso to section 13(5) of the act, the finality or conclusivences is thus attributed to these facts stated in the certificate of the director. it would be then for the court to determine, ..... the accused can also be held guilty of the offence of having sold mis-branded articles of food as that is also offence under section 7/16 of the prevention of food adulteration act, 1954. it is alternatively submitted that the article is in any case adulterated according to the report of the central pood laboratory because ..... for sale from which two samples had been purchased for analysis which were found to be adulterated : which showed the commission of an offence under section 7/16 of the prevention of food adulteration act, 1954. (2) at the trial, the accused made an application for sending the samples for exmination by the central food laboratory, calcutta. .....
Tag this Judgment!Court : Delhi
Decided on : Jan-22-1973
Reported in : AIR1974Delhi114; 1973RLR430
..... endorsement no. 10. as such it is also a party to the arbitration agreement and is entitled to enforce the same by a petition under section 20 of the arbitration act or otherwise. the findings of the courts below are thereforee maintained and the revision petitions are dismissed, but in the circumstances of the case, the ..... and that consideration must move from the plaintiff, so far as the second proposition is concerned, the definition of consideration in indian law contained in section 2(d) of the contract act is different and reads as follows: -'when at the desire of the promisor, the promiseor any other person has done or abstained from doing, ..... in some cases the insurance company moved the court below under a petition under sections 32 and 33 of the arbitration act for determination of the question raised in the revision. some other proceedings were initiated on applications under section 8 of the arbitration act for appointment of an arbitrator. all these cases have been decided by -two .....
Tag this Judgment!Court : Delhi
Decided on : Jan-29-1973
Reported in : AIR1974Delhi35; 1973RLR295
..... period prescribed and thereforee had sufficient cause for the court's exercising its discretion in extending the period of limitation in view of the provisions of section 5 of the limitation act and also the fact whether the appellant 'was prevented from sufficient cause from not malting an application for the substitution of the legal representatives within ..... defect and an order which could not be so attacked. in the trial court had passed an order contrary to a provision of the limitation act, then section 3 of the limitation act enjoined the court to dismiss any suit etc., filed after the period of limitation and, thereforee, in passing such an order, the court would ..... to its jurisdiction. such an order would, thereforee, be liable to be interfered with in revision under section 151 c. p. c. on the other hand, under section 3 of the limitation act, the court had, the discretion to admit an application etc., even after the expiry of the specified period of limitation if it is satisfied .....
Tag this Judgment!Court : Delhi
Decided on : Feb-05-1973
Reported in : 9(1973)DLT500; [1974(28)FLR27]; 1974LabIC220; (1973)IILLJ447Del
..... another case. the birlu cotton spinning & weaving mills ltd. v. the employees state insurance corporatlon, hardayal hardy and v.s. deshpande jj, while interpreting section 2(9) of the act, observed : 'theworkers employed by a textile manufacturing company to work outside the factory but in close connection with the work carried on in the factory are ..... employees within the meaning of section 2(9) of the act. the work of employees in administrative offices of the company together with the manufacturing process conetitutes the work of production in which the company ..... that the workmen employed in the manufacturing process or in the work connected with or ancillary thereto would also be employees within the meaning of section 2(12) of the act.(15) in this view the finding of the employees insurance court that the manufacturing process carried on at premises no. 525 and 508 and .....
Tag this Judgment!Court : Delhi
Decided on : Feb-09-1973
Reported in : 9(1973)DLT168
..... licenses had been issued to them by the government of nepal. on 2nd july 1969 the government of india, ministry of finance, acting under sub-section (2) of section 2a of the indian tarriff act, 1934, notified that fabrics containing more than 10 per cent by weight of synthetic fibre or yarn and stainless steel manufactures for ..... related matters, it is statutory in character-even granting that the import trade policy notifications were issued in exercise of the power under section 3 of the imports and exports (control) act 1947, the order (import trade control order) as already observed authorised the making of executive or administrative instructions as well as legislative ..... quantity. (11) the relevant procedure for the clearance of imported goods is laid down in sections 46 and 47 of the customs act, 1962 the importer has to present a bill of entry for home consumption under section 46. under section 47, the proper officer has to be satisfied that any goods entered for home consumption .....
Tag this Judgment!Court : Delhi
Decided on : Nov-28-1973
Reported in : 10(1974)DLT131; 1974RLR511
..... question raised before us. the full bench observed that an order on a petition for letters of administration under section 278 of the succession act was not a decree as the order had not been passed in a suit and proceedings for letters of administration were not commenced by institution ..... mrs. m. f. queros and others, : air1963all153 . there, the question was of court- fees payable on an appeal from an order passed under section 278 of the succession act granting letters of administration. although the court was concerned with the only question of court-fees, it has made some valuable observations which are of assistance in the ..... the district judge, however, do not originate by a plaint, but they are initiated by a petition as provided by section 272 and 278 (or section 276 in other cases) of the act. section 272 of the act provides that probate and letters of administration may be granted upon an application for that purpose by a petition verified as .....
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