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    [0] =>  ..... in v. bhagat v. mrs. d. bhagat, : air1994sc710 supreme court had the occasion to define 'mental cruelty' as contemplated in indian laws particularly under the provisions of section 10 of hindu marriage act. these provisions are identical to other laws governing different communities in this country. the acid test to determine mental cruelty is that the conduct of the guilty party .....  a reasonable apprehension, of it is a higher requirement than a reasonable apprehension that it is harmful or injurious for one spouse to live with the other. but under section 10(1)(b), harm or injury to health, reputation, the working career or the like, would be an important consideration in determining whether the conduct of the respondent ..... j.d. kapoor, j. 1. this is a petition by the wife under section 10 of the indian divorce act, 1869 (substituted by act 51 of 2001) seeking dissolution of marriage onthe ground of cruelty.2. put briefly the facts pleaded by the wife are as under: the marriage between the  ..... 
    [1] =>  ..... and the said rateable value has to be in accordance with both the enactments. in this behalf, reference has been made to the second proviso to sub-section (1) of section 116 of the municipal act, which requires that the rateable value shall not exceed the annual amount of the standard rent so fixed. it was observed that such determination in the  .....  3(1)(b) of the said bye-laws provides as under :- '' 3. determination of rateable value of lands and buildings.- (1) for the purposes of sub-section (1) of section 116 of the act, the annual rent shall be determined as under:-(b) in case of the premises which are sub-let, the rent paid or payable by the occupier shall be ..... said bye-laws providing for the annual rent to be taken as the amount paid by the occupier. learned counsel for the petitioners contended that in terms of section 481 of the municipal act, the power to make bye-laws is confined to the matters stated therein and the bye-law 3(1)(b) framed was beyond the provisions made in  ..... 
    [2] =>  ..... contain any discussion of the nature of the work done by the petitioner and has solely proceeded on the nomenclature apart from not examining the impact of section 2(s) of the act. the entire discussion of the tribunal is contained in the following findings:-' it is an admitted case of the claimant that he was working as  .....  incidentally or only a small fraction of working time is devoted to some supervisory works, the employee will come within the purview of 'workmen' as defined in section 2(s) of the industrial disputes act. '4. the position of law laid down in ananda bazar patrika (pvt. ) ltd. vs . the workmen : (1969)iillj670sc is as follows:-' the question, ..... sahu company limited and others reported as 1994 scc (l&s;) 776 wherein it was held:-'whether or not an employee is a workman under section 2(s) of the industrial disputes act is required to be determined with reference to his principal nature of duties and functions. such question is required to be determined with reference to  ..... 
    [3] =>  .....  on the basis of the facts and circumstances tilting in favor of the welfare of the minors. thus, the applications u/s 12 of the guardians and wards act 1890 r/w section 151 of the cpc dated 10.3.1999 filed by the petitioner; the application filed by the respondent on 31.5.99 u/s 12 of the guardians and .....  wards act 1890 whereby the respondent has sought that the order dated 10.3.99 of the court be set aside, recalled/suitably modified; and the application filed on 29 ..... .7.99 by the respondent u/s 12 of the guardians and wards act 1890, all are disposed of accordingly and the parties are directed to be abide by the arrangement as directed herein-above.'3. at the outset, i put it to the ..... 
    [4] =>  ..... contracts etc. which have the effect of impeding revival of the sick company or adding to its liabilities. thereforee, the clause introduced in section 22 of sica by way of amendment act of 1994 has to be harmoniously construed to advance its object and it has to be held that even bank guarantee furnished by the defendant ..... plaintiff. the defendant vide its letter dated 8.6.2000 pleaded inability to honour the bank guarantee and pay the amount in view of section 22 of the sick industrial companies ( special provisions) act 1985 ( sica) on the ground that m/s montari industries ltd was before bifr. the plaintiff insisted for payment as the bank  .....  is under preparation or consideration or a sanctioned scheme is under implementation or where an appeal under sections 25 relating to an industrial company is pending, then, notwithstanding anything contained in the companies act, 1956 (1 of 1956), or any other law or the memorandum and articles of association of the industrial company or any other ..... 
    [5] =>  ..... order does not involve any substantial question of law. 8. we find substance in the contention of learned counsel for the assessed. 9. clause (5) of section 43 of the act defines speculative transaction to mean a transaction in which a contract for the purchase or sale of any commodity, which may include stocks and shares, is periodically or .....  held by the assessing officer b. whether the income-tax appellate tribunal was right in not appreciating that the transaction related to speculative loss as covered under section 43 of the act c. whether the order of the income-tax appellate tribunal in holding that rs. 10,05,740 is a business loss, is perverse and has ignored ..... per share ; (iii) there was no contract between the buyer and the seller and, thereforee, the transaction could not be considered as an exception to section 43(5), proviso (b) of the act ; and (iv) the assessed did not discharge the onus which lay upon it to prove that the sales in question were for safeguarding further loss.  ..... 
    [6] =>  .....  in the calendar year 1986. services of the petitioner were discontinued on 6th june, 1986. the definition of continuous service has been given in the section 25-b of the industrial disputes act. section 25-b of the act reads as under; -(1) a workman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted ..... of a female, she has been on maternity leave, so, however, that the total period of such maternity leave does not exceed twelve weeks. 5. the perusal of section 25-b of the act shows that in case the workman had i worked for 240 days during a period of 12 calendar months preceding the date with reference to which the calculation ..... the petitioner that calendar year has to be taken as the year from 1st january to 31st december of a particular year is not supported by plain reading of section 25-b ofthe act. since no other point has been argued i do not see any reason to interfere with the impugned award. there are no merits in this petition and the ..... 
    [7] =>  ..... .10. we are unable to persuade ourselves to agree with the learned counsel. it needs little emphasis that the jurisdiction of the high court under section 260-a of the act is limited and is confined to entertaining only such appeals against orders, which involve substantial question of law. though the expression 'substantial question of law ..... goods dispatched as per the books of patel roadways and as declared by the assessed and added the same to the returned income as unexplained investment under section 69 of the act. consequently, another addition of rs. 2,12,053/-, being the profit earned on the undisclosed investment was also made to the returned income.6. ..... the assessed firm. the goods are purchased in delhi, transported to coimbatore and sold there.3. on 13 february 1990, search and seizure operations under section 132 of the act took place at the business and residential premises of the assessed and its partners both at delhi and coimbatore. according to the revenue, post-search  ..... 
    [8] =>  ..... . briefly, the germane facts leading to the present petition are that the above named landlord had filed an eviction petition under section 14(1)(b) of the delhi rent control act, 1958 (hereinafter to be referred to as the `act') with the averments and allegations that the suit premises comprising of an industrial shed measuring 900 sq.ft. and one room  ..... under article 227 of the constitution of india. in other words, the contention is that the order of the tribunal has attained finality, there being no provision in the act either for a second appeal or revision or review of such an order and, thereforee, this court cannot upset or reverse the finding recorded by the tribunal by re- .....  not provide any second appeal or revision to the high court. the purpose behind for not providing such remedy is to give finality to the order passed under the act. the power under article 227 is exercisable where it is found by the high court that due to a certain grave error an injustice has been caused to a ..... 
    [9] =>  .....  not have made any recommendations whatsoever. it was observed that the tenor of his recommendations do not partake the character of suggestions as contained in section 16 of the act as the said provisions operate in absolutely a different field. the division bench was, thereforee, of the view that the recommendations made by the  ..... inquire into allegations made against a public functionary in relation to whom either the president or the lieutenant governor is the competent authority. section 17 of the act provides that nothing in the act shall be construed to authorise the lokayukta to inquire into the allegations against (a) any member of the judicial service who is ..... against a public functionary in relation to whom either the president or the lieutenant governor is the competent authority. the public functionary is defined in section 2(m) of the act and the same does not include any private individual or a company which is not a government company. the 'allegations' into which the  ..... 
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