Court : Delhi
Decided on : Feb-10-2006
Reported in : AIR2006Delhi292; 127(2006)DLT707; 2006(87)DRJ583
..... distributorship agreement was revokable and the same being admittedly for rendering personal service, the relevant provisions of the specific relief act were automatically attracted. sub-section (1) of section 14 of the specific relief act specifies the contracts which cannot be specifically enforced, one of which is a contract which is in its nature determinable ..... any other party. learned counsel for the defendant no. 1 argued that in view of legal position contained in section 14(1)(c), section 19 read with section 41(e) of the specific relief act such a clause cannot be specifically enforced. the learned senior counsel in support of this submission, highlighted following aspects:( ..... best an agent of the defendant no. 1, a declared principal and, thereforee, suit against the agent is not maintainable in view of section 230 of the contract act. he has also stated that there is no agreement between the plaintiff and the defendants including the defendant no. 1. the plaintiff approached the .....
Tag this Judgment!Court : Delhi
Decided on : Mar-17-2006
Reported in : [2006]7SOT151(NULL)
..... on loan was in the record of the assessing officer and this ought not to have been ignored in determining income chargeable to tax under section 149 of the act. if this had not been ignored, the amount would not have been exceeded rs. 25,000, le., the maximum amount not chargeable to tax. that ..... the question arising for consideration here is as to whether the assessing officer needed to go only into considering deductions prima facie available to the assessed under section 24(1) of the act, i.e., deduction allowable towards repairs. the case of the assessed is that as on 30-3-1999, the stand of the assessed regarding interest ..... according to the learned counsel, it is such income which has to be computed - there is no other choice. this also gathers support from explanation 2 to section 147 of the act, which deems certain cases where 'income chargeable to tax' has escaped assessment. as per the learned counsel, this provision also makes it clear that it is income .....
Tag this Judgment!Court : Delhi
Decided on : Mar-10-2006
Reported in : 2006(2)ARBLR463(Delhi); 2006(89)DRJ463; (2006)144PLR43
..... .11.2004, it was made clear that the award would be impugned under the grounds available to the petitioner in terms of the provisions of section 30 of the 1940 act. section 30 of the said act reads as under :-30. grounds for setting aside award. an award shall not be set aside except on one or more of the following grounds ..... in the context of section 30 of the 1940 act, the court exercises a very limited jurisdiction. this is, particularly so, when the award is a non-speaking award and the arbitrator has not disclosed his ..... the learned counsel for the respondent submitted that in the case of a non-speaking award, it is well settled that the court exercising its jurisdiction under section 30 of the 1940 act can only interfere with the award if the arbitrator has misconducted himself or the proceeding or there existed an error apparent on the face of the award. .....
Tag this Judgment!Court : Delhi
Decided on : Nov-24-2006
Reported in : (2006)206CTR(Del)601; [2007]289ITR46(Delhi)
..... india or accumulated for the application towards the objects of the institution in india. while this may be a requirement under the provisions of section 11(1) and (2) of the act, section 10(23c)(vi) thereof is independent and reading an application or accumulation for application of the income towards the objects of the institution in ..... that the petitioner has not applied its accumulated income for the purpose of education in india, which is one of the primary conditions under section 11 of the act for being notified under section 10(23c)(vi) thereof. the petitioner was asked to submit a clarification in this regard and explain why its application be not rejected ..... was noted by the authority that the moot question is whether the activities of the applicant come within the definition of 'income of educational institution' under section 10(22) of the act. this provision reads as follows:10. in computing the total income of a previous year of any person, any income falling within any of the .....
Tag this Judgment!Court : Delhi
Decided on : May-11-2006
Reported in : 2006(2)ARBLR366(Delhi)
..... rs. 25,000/-.5. learned senior counsel for the petitioner, conscious of the limitation of scrutiny of this court in exercise of jurisdiction under sub-section (2) of section 34 of the said act, confined the submissions to the question of damages awarded as also the rate of interest. this is so since the findings arrived at by the ..... information when contracting would have had reason to foresee as probable consequences of future breach.11. learned counsel for the respondent on the other hand, contended that section 55 of the contract act would come into play, which reads as under:55. effect of failure to perform at a fixed time, in contract in which time is essential. - ..... when the complaints were made and the losses suffered by the respondent were informed. the relevant time to be considered in view of the provisions of section 73 of the contract act is when the contract was entered into. it is at this stage that the parties must know as to the result of the breach. the phraseology .....
Tag this Judgment!Court : Delhi
Decided on : Nov-14-2006
Reported in : I(2007)BC264; [2008]81SCL461(Delhi)
..... or for the enforcement of any security against the industrial company or any guarantee in respect of any loans or advance granted to the industrial company,' inserted into section 22 by the act 12 of 1994, 'are crystal clear. there is no ambiguity therein.' the court further held that no suit for the enforcement of a guarantee in respect of ..... which appear after the expression 'proceedings', after the word 'suit', it is not possible to accede to the submission of the appellants that the word 'suit' in section 22(1) of the act means anything other than some form of curial process. in paragraph 34 at page 316 of the report, the court further held as follows:. the court in patheja ..... given by defendants 1 & 2 was not in respect of any loan or advance granted to the sick company, the present suit can proceed and the provisions of section 22 of the act will not apply.at page 241 of the report, it was observed:12. ... prima facie, i am of the opinion that deferred sale consideration cannot be a .....
Tag this Judgment!Court : Delhi
Decided on : Aug-04-2006
Reported in : 138(2007)DLT759
..... and one mohd. shakeel who was allegedly making the bomb and had supplied the same to mohd. amir khan. charges were framed under sections 302/307/436 ipc and section 3 of the explosive substances act against the appellant only while his co-accused was discharged.4. the substratum of the allegations against the appellant are that on 26. ..... 23.4.2003 and order of sentence dated 8.5.2003 passed by the additional sessions judge, delhi, convicting and sentencing the appellant under sections 302/307/436 ipc and section 3 of the explosive substances act in sessions case no. 104 of 1998 arising out of fir no. 631 of 1997, police station karol bagh, new delhi.2. ..... was seated on the seat beneath which a blast occurred after he vacated the same. this evidence, in no way, holds the appellant responsible for planting of the explosive substance which detonated subsequently. suspicion, howsoever strong it may be, does not take place of evidence. he also submitted that the appellant was arrested in case fir .....
Tag this Judgment!Court : Delhi
Decided on : Jan-19-2006
Reported in : 129(2006)DLT610; 2006(88)DRJ75; (2006)IIILLJ752Del
..... karnataka state road transport corporation : (1983)illj30kant , provided he is doing the kind of work mentioned in section 2(s).9. since the respondents were workmen under the industrial disputes act, section 25f of the act had to be complied with if they had put in 240 days of service in the year prior to the ..... between a permanent employee and a temporary employee (whether a probationer, casual, daily wage or adhoc employee).6. the definition of 'workman' in section 2 of the industrial disputes act states that a workman means :-any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, ..... termination of their services they raised an industrial dispute which was referred to the industrial tribunal which held that there was violation of section 25f of the industrial disputes act.4. learned counsel for the appellant submitted that the respondents were on probation and hence their services could be terminated without enquiry. .....
Tag this Judgment!Court : Delhi
Decided on : Nov-10-2006
Reported in : 2009(93)DRJ616
..... government 3[ for such authority as may be specified by the appropriate government by notification in the official gazette]. 11. a perusal of section 25(f) of the industrial disputes act, would show that the management is supposed to give one month's notice in writing specifying the reasons for retrenchment and after the expiry ..... petitioner for retrenchment in the letter written to him. the reasons of his having become surplus or his services not required, are no reasons. section 25(f) of the industrial disputes act reads as under:25.f. conditions precedent to retrenchment of workmen.- no workman employed in any industry who has been in continuous service for ..... order, do not stand the scrutiny of law. in writ petition (civil) no. 2486 of 1997, in a case under clra act, regarding issuance of a notification under section 10 of clra act, this court gave directions to delhi government to refer the matter to labour advisory board. the labour advisory board sought legal opinion and the .....
Tag this Judgment!Court : Delhi
Decided on : Aug-22-2006
Reported in : 2007(95)DRJ236
..... also seized by the customs officer from your premises, for which you could not give any explanationn as evident from the statement dated 03.08.2004 recorded under section 108 of customs act, 1962.47. on verification of the contents of cdfs, it was noticed that these showed the details of the flight nos. and date of arrival of the ..... and dates mentioned in cdfs. a statement of shri vitaly. m. vasyutkin, general manager, aeroflot russian airlines, new delhi, was recorded on 15.09.2004 under section 37 of foreign exchange management act, 1999 and a list of incoming passengers who visited india by su flight as mentioned on the cdf forms were shown to him. in his reply dated 05th ..... in aforesaid illegal activities, a complaint was filed in the court of addl. chief metropolitan magistrate, new delhi on 1/10/04 for the offences under sections 132/135 of the customs act. the detenu was granted bail by this court on 19/01/05. on 30/5/05 show cause notice was issued to him by the customs department .....
Tag this Judgment!