Court : Delhi
Decided on : Sep-13-2006
Reported in : 2006(91)DRJ348
..... is obvious from a reading of the aforesaid provision that if there is bar in law, the plaint can be rejected. there is clear bar under section 78(7) of the societies act which would make the plaint liable to be rejected.15. there is another important aspect urged by learned counsel for the petitioner though the plea of ..... .4. the civil judge took cognizance of the suit and issued summons. the presiding officer of the tribunal made a reference to this court under section 15(2) of the contempt of court act, 1971. the suit filed by the respondent also was dismissed in default on 02.02.2001. in the contempt matter, this court noticed the ..... delhi officers cooperative house building society limited along with interest.3. the respondent aggrieved by the same filed two appeals under section 76 of the delhi cooperative societies act, 1972 (herein-after referred to as the 'societies act') in respect of the two cases decided in terms of the award. these petitions were dismissed in limine by sh. madan .....
Tag this Judgment!Court : Delhi
Decided on : Sep-20-2006
Reported in : (2007)207CTR(Del)570; [2008]301ITR32(Delhi)
..... for discharge on the ground that the it authorities have preferred an appeal before the high court and thereforee, the penalty proceedings under the provisions of section 271(1)(c) of the said act have not attained finality.2. being aggrieved by this order dt. 21st march, 2005 the accused, who are the respondents before this court, ..... view of a conclusive finding of the tribunal that there is no concealment of income becomes devoid of jurisdiction and under section 254 of the act, a finding of the tribunal supersedes the order of the ao under section 143(3) more so when the ao cancelled the penalty levied.26. in our view, once the finding of ..... the tribunal had deleted the penalty sought to be imposed on the accused under section 271(1)(c)(iii) of the it act, 1961 (hereinafter referred to as the said act) and thereforee, the present criminal proceedings under section 276c(1) r/w section 278b of the said act against the accused also did not survive and the complaint ought to be quashed .....
Tag this Judgment!Court : Delhi
Decided on : Oct-06-2006
Reported in : 2006(92)DRJ37; [2007(112)FLR1107]; (2007)ILLJ1082Del
..... has been laid down by the supreme court that in order to be a workman a person must be performing one of the functions as specified in section 2(s) of the act and it was not sufficient that he was not performing administrative or managerial function. tribunal also went in wrong in law by observing that strict principles of ..... determine whether a person is a workman or not. there has to be a positive finding that the workman was performing any of the job mentioned under section 2(s) of the act. the approach of the labour court had been negative.9. a perusal of the award and evidence shows that duties of the respondent were to supervise ..... manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward.a school of thought that somebody who does not fall under the exceptions enumerated under section 2(s) of the act shall be a workman was being followed. in h.r. adyanthaya and ors. v. sandoz (i) limited and ors. : (1995)illj303sc , supreme court analysed all .....
Tag this Judgment!Court : Delhi
Decided on : Nov-24-2006
Reported in : 139(2007)DLT104
..... is referred to as the authority, is no ground for holding that the delhi development authority is not a 'local authority' as defined by section 3(31) of the general clauses act. the delhi development authority is endowed with all the usual attributes and characteristics of a 'local authority' and there is no reason to ..... only thereafter that the petitioner joined services. she further contended that mcd is a government organization discharging government functions. she laid much emphasis on section 107-a of the mcd act, 1957 which provides for constitution of finance commission to recommend distribution of net proceeds of taxes etc between corporation and government of nct and ..... dda.2. let us, thereforee, concentrate and confine our attention and enquiry to the definition of 'local authority' in section 3(31) of the general clauses act. a proper and careful scrutiny of the language of section 3(31) suggests that an authority, in order to be a local authority, must be of like nature and .....
Tag this Judgment!Court : Delhi
Decided on : Jan-02-2006
Reported in : 126(2006)DLT330; 2006(86)DRJ711
..... ' within the meaning of article 12 of the constitution as it was an instrumentality of the state and there was infraction of the provisions of section 6-n of the act. accordingly, the writ applications were allowed. the said order was affirmed by the division bench on appeals being preferred by the mill, hence the ..... 12 years. the services of the surplus workmen were dispensed with without giving any notice and paying retrenchment compensation as required under section 6-n of the u.p. industrial disputes act, 1947 in spite of the fact that they had worked for more than 240 days which necessitated filing of writ applications in the ..... council of educational, research and training (ncert)is 'state' as defined under article 12 of the constitution. the ncert was a society registered under the societies registration act. after verifying its object, programmes, activities, funding, and considering the fact that the government has got limited control only to proper utilisation of the grant, the .....
Tag this Judgment!Court : Delhi
Decided on : Apr-21-2006
Reported in : 129(2006)DLT572; 2006(88)DRJ693
..... damages could be awarded only from the date when an eviction decree was passed. this court took into consideration the definition of tenant as contained in section 2(i) of the m.p. act which included any person continuing in possession after the termination of his tenancy but did not include any person against whom any order or decree for ..... termination of tenancy but the premises were not handed over to the petitioner no. 1. on 3rd november, 1989 the petitioner duly served another notice under section 106 of the transfer of property act (hereinafter referred to as the tpa) on mr. h.n. pahilaj, who duly received the same. the notice was issued for termination of the tenancy ..... general law, and in cases where the tenancy is governed only by the provisions of the transfer of property act, 1882, once the tenancy comes to an end by determination of lease under section 111 of the transfer of property act, the right of the tenant to continue in possession of the premises comes to an end and for any .....
Tag this Judgment!Court : Delhi
Decided on : Jul-07-2006
Reported in : 130(2006)DLT748
..... defense. this would include a right to cross-examine the witnesses examined by the commission and the right to be represented by a legal practitioner. section 8c of the act is in this regard clear.(iii) in an enquiry conducted by a commission or authority established under the general executive power of the government, ..... the rights available to persons likely to be prejudicially affected under section 8b and 8c of the act are not ipso facto exercisable by them. it is only if the government extends those provisions to the commission that the persons likely ..... to be represented by a legal practitioner and the right to cross- examine the witnesses examined by the commission available to a noticee independent of section 8b and 8c of the act aforementioned before an inquiry authority / commission established otherwise than under the provisions of the said act3. having heard mr.sawhney, learned counsel for .....
Tag this Judgment!Court : Delhi
Decided on : Aug-07-2006
Reported in : 131(2006)DLT663; 2006(91)DRJ719
..... was a definite finding indicating that the said accused was a juvenile. in such situation, no further inquiry could be undertaken by the juvenile justice board under section 49 of the said act. this is exactly what has been held by the juvenile justice board in the impugned order and, thereforee, there is no infirmity in the same.16 ..... correct procedure.9. as a result of the above discussion the order dated 13th july, 1992 passed by the court of juvenile justice directing fresh inquiry under section 32 of the act is set aside. the learned court of juvenile justice is, however, directed to hear the application of the petitioner for bail afresh keeping in view the ..... conflict with law is concerned, the juvenile justice board has exclusive power to deal with such a juvenile in respect of the proceedings under the said act. furthermore, by virtue of section 7 if a magistrate who is not empowered to exercise the powers of the juvenile justice board, is of the opinion that a person brought before .....
Tag this Judgment!Court : Delhi
Decided on : Jan-12-2006
Reported in : 2006(1)ARBLR321(Delhi)
..... the merits of the disputes arising between the parties from the main contract. 23. both the omp nos. 216/2005 and 217/2005 under section 9 of the arbitration & conciliation act are disposed of with an order of restraint against the respondent bank not to encash bank guarantees as specified in annexure p-17 of omp 216 ..... court and contended that the court at shimla, himachal pradesh have jurisdiction to entertain and decide the present petition keeping in view the provisions of section 42 of the arbitration and conciliation act, 1996. 11. according to the petitioner the respondent had challenged the award dated 17th january, 2002 in respect of other disputes arising between the ..... equities is made out either in that judgment or in the present case. such a determination is beyond the limited jurisdiction of the court under section 9 of the arbitration and conciliation act.2. as far as the first and the last submissions made on behalf of the respondent are concerned, it is not for this court .....
Tag this Judgment!Court : Delhi
Decided on : Feb-13-2006
Reported in : [2006]287ITR281(Delhi)
..... international airport. the short question in the case is whether the landing and parking charges can be deemed to be rent under section 194-i, expln. (i) of the it act.4. learned counsel for the petitioner submitted that the landing and parking charges cannot be treated as rent within the aforesaid provision.5. explanationn (i ..... ) of section 194-i of the it act reads as follows:(i) 'rent' means any payment, by whatever name called, under any lease, sublease, tenancy or any other agreement or arrangement for the use ..... markandeya katju, c.j.1. this writ petition has been filed against the impugned order of the cit, dt. 16th dec, 1999 under section 264 of the it act.2. heard learned counsel for the parties and perused the record.3. the petitioner is an airline incorporated in usa. its aircrafts land at indira gandhi .....
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