Court : Delhi
Decided on : Jan-24-1973
Reported in : 1973RLR403
..... the provisions of s.20 of the code of civil procedure. (6) it appears to me that the contention of respondent no. 1 must prevail. section 8, 9, 10, 11 and 20 of the arbitration act merely provi- de for the institution of certain proceedings and for making of directions by a court having jurisdiction in the matter to which the reference ..... s. 2(c) and 31 the judgment proceeds) (7) it is clear on a reference to the provisions to section 2(c) and of section 31 of the arbitration act that the court which would have jurisdiction to entertain the proceedings under the arbitration act would be the court which would have jurisdiction to decide questions forming the subject-matter of the reference, that ..... h.l. anand, j. (1) this is a petition under section 8, 9, 10, 11 and 20 of the arbitration act. (2) the facts are not in dispute and may be briefly stated. on or about august 25, 1970, defendant no. 1 entered into an agreement of lease with the petitioner .....
Tag this Judgment!Court : Delhi
Decided on : Jan-17-1973
Reported in : ILR1973Delhi747
..... that the commission as originally appointed by the resolution dated august 22, 1970 was not a commission appointed in exercise of powers under section 3 of the act notwithstanding the reference therein to the act. thereforee, it appears to us that the resolution dated august 22, 1970 cannot be said to be a resolution issued in exercise ..... stated before the commission in february and march, 1972 that the appointment of the commission had not been made under the act but was by way of an executive act and as such section 3 of the act was not applicable but this statement was not adhered to as on march 30, 1972 it was stated that the ..... has been raised is that the commission, not having been duly appointed under section 3 of the act by a proper notification, is not a commission within the meaning of the act. the appointment of a commission under the act is provided by section 3. sub-section (1) of section 3 without its proviso which is not material says:- 'theappropriate government may .....
Tag this Judgment!Court : Delhi
Decided on : Jan-29-1973
Reported in : [1973(27)FLR207]; ILR1973Delhi29; 1974LabIC223
..... posts of superintendent. we have held that the question as to whether there was victimisation or not was an 'industrial dispute' as defined in section 2(k) ofthe industrial disputes act. as regards discrimination, in view of our decision that the industrial finance corporation of india is not 'state' withinthe meaning of article 12 ..... the workmen or employees which is connected with the employment or conditions of labour, and is as such an 'industrial dispute' as defined in section 2(k) of the industrial disputes act. (12) as regards discrimination mentioned in the terms of reference, the contention of the employees' association was that the industrial finance corporation ..... promotion. he reiterated that the dispute which was referred to the additional industrial tribunal fell within the ambit of 'industrial dispute' as defined in section 2(k) of the industrial disputes act. (7) the civil writ petition was heard by v.s. deshpande, j. it was contended on behalf of the corporation, inter alia, .....
Tag this Judgment!Court : Delhi
Decided on : Dec-21-1973
Reported in : 1974RLR267
..... the action of the municipal committee in this case seems to make the committee the final arbiter in this respect. this is unwarranted on a proper construction of section 193 (2) of the act. for example, if one considers the present case, and i ana making these observations without having the lease-deed before me, the lease may permit a ..... . in such cases, a no objection letter cannot be asked for by the committee. this seems to be the general position of the municipal committee under section 193(2) of the act. but this does not cover all the possible situations that may arise. there can be no blanket rules that an application for constructing a building on a ..... application without l&do;'s no objection is to be treated as incomplete.'(5) this resolution has two parts. firstly, the plans has been rejected by applying section 193(2) of the act; the second part is that future plans will be returned to the party concerned. if a no objection letter does not accompany the application. this part of .....
Tag this Judgment!Court : Delhi
Decided on : Feb-26-1973
Reported in : 9(1973)DLT446; 1973RLR521
..... his legal representatives 1 (g) to 1(q) on the ground of non-payment of rent and unlawful subletting, the controller after passing an order under section 15 of the act passed another order striking of the defense of the tenant on failure to deposit the rent on 22nd october, 1960 and finally by order dated 1st november, ..... the petitioner when she states that she must be relived of the consequonees of having filed an application for permission to exetute against the resondents under section 19 of the slum areas act and of the further appeal that. she tiled against the order of the competent authority declining to grant permission to execute the order of eviction ..... not claim any estate or interest in the property which was the subject-matter of tenancy and, thereforee, they could not claim the protection of section 19 of the slum areas act and the said protection was available only lo the tenant and not to his legal representatives. with great respect i follow the said authority of the .....
Tag this Judgment!Court : Delhi
Decided on : Aug-24-1973
Reported in : ILR1974Delhi677
..... which was acquired. as, however, there was a dispute regarding the apportionment of compensation in respect of the land of khasra no. 790/5 a reference under section 30 of the land acquisition act, 1894 was made by him.(6) while chander kumar vaish, who had become the owner of 2 bighas and 18 bids was of land of khasra no. ..... may, if he so liked, file an appeal and obtain a stay order.(7) an order under section 30 deciding the apportionment of compensation which was settled under section 11 is appealable as a decree, though not as an award under section 54 of the land acquisition act. in t. b. ramachandra rao and another v. a. n. s. ramchandra rao and others ..... the land of whose claims the collector has information, meaning thereby people whose interests are not in dispute, but from the moment the sum has been deposited in court under section 31(2) the functions of the award cease; and all that is left is a dispute between interested people as to the extent of their interest and such a .....
Tag this Judgment!Court : Delhi
Decided on : Dec-03-1973
Reported in : AIR1975Delhi19
..... upon the utmost good faith and if the utmost good faith be not observed by either party, the contract may be avoided by the opposite party' (section 19, marine insurance act).36. the general principle of good faith governing insurance is tersely stated by lord chorley:'the general principle governing insurance is that of good faith. in ..... its severity by imposing a strict burden upon insurers. (law of contract (8th edition) page 276).31. in india the legislature has enacted in section 45 of the insurance act that no policy of life insurance shall e called in question by an insurer on the 1round that a statement made in the proposal form 'leading ..... matters of common knowledge generally or in the insurer's business. the prospective assured must disclose material circumstances that he knows or ought to know: see section 20 marine insurance act, 1963.25. whether the omission to disclose any particular circumstance is material so as to render the contract voidable is a question of fact in each .....
Tag this Judgment!Court : Delhi
Decided on : Mar-29-1973
Reported in : 9(1973)DLT475; (1974)IILLJ191Del
..... was referred to in indian airlines corporation v. sukhdeo rai, : (1971)illj496sc . but it can not be suggested that the regulations made by the commission under section 32 of the act are of the nature of internal bye-laws of a co-operative society or a private corporation. (19) these regulations, therfore, must fall in the former ..... attained the age of superannuation. volition of the parties was completely excluded thereby. the purported termination would be ultra virus statute 13(2) read with section 25 of the act. in civil writ 497 of 1970 miss ratna was a temporary employee of the institute. she was not confirmed even after the period of her probation ..... the power to terminate the service of an employee by a simple discharge. the power to terminate service exercisable under the statutes thus derives directly from section. 25 of the act itself. statute 13 lays down the terms and conditions of permanent employees. statute 14 refers to the terms of service of temporary employees. according to .....
Tag this Judgment!Court : Delhi
Decided on : Sep-26-1973
Reported in : [1975]98ITR512(Delhi)
..... if there was no evidence the mere reference to articles of association which authorised the payment could not be taken as substitute for evidence required under section 40(c) of the act. the petitioner in order to justify the deductions claimed failed to adduce any proof. mr. sharma contended that our order in this case may affect ..... by the lady directors. the tribunal, thereforee, agreed with the appellate assistant commissioner and dismissed the appeal.9. the petitioner's application before the tribunal under section 256(1) of the act was also dismissed, as in its opinion, no question of law arose out of its order. this has brought the petitioner to this court.10. mr ..... from, there was any evidence before the tribunal to hold that the remuneration paid to the directors was excessive or unreasonable, within the meaning of section 40(c) of the income-tax act, 1961 ?(3) whether the tribunal was right in law in placing the onus of proof as regards the excessive or unreasonable character of the .....
Tag this Judgment!Court : Delhi
Decided on : Nov-30-1973
Reported in : [1974]95ITR1(Delhi)
..... under law to institute in respect of these silver bars or in respect of the income which the silver bars represent. proceedings under sub-section (5) of section 132 of the act are only in the nature of provisional proceedings for the estimate of the income and these proceedings have to be followed by regular assessments ..... the previous approval of the commissioner does not, in our view, militate against the principle of noninterference in judicial proceedings. the contention that sub-section (5) of section 132 of the act is ultra virus cannot, thereforee, be accepted.23. the next ground on which the impugned order of the income-tax officer was challenged is ..... quashed.10. the petitioners filed a rejoinder controverting the preliminary objections raised by the respondents in their reply (sic) appeal provided under sub-section (11) of section 132 of the act was not an effective remedy and further that such remedy was not available to the petitioners inasmuch as the impugned order of the income- .....
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