Court : Delhi
Decided on : May-17-2006
Reported in : 2006(90)DRJ100
..... of the staff of that secretariat;(2) any premises belonging to, or taken on lease by, or on behalf of,-(i) any company as defined in section 3 of the companies act, 1956, in which not less than fifty-one per cent, of the paid up share capital is held by the central government or any company which is ..... grant of permission by the lesser, and, thereforee, the express newspapers pvt. ltd. was not in unauthorised occupation of the same within the meaning of section 2(g) of the public premises act. it was also held by the learned judge that the express building constructed by the express newspapers ltd. with the sanction of lesser on plots nos ..... notice dated 9.1.2006 to the occupants including the petitioner herein. since the subject eviction proceedings have been initiated under the pp act the definition of 'public premises' and of 'unauthorised occupants' in section 2 thereof requires to be reproduced, since the meaning to be given to these phrases is central to the determination of the present .....
Tag this Judgment!Court : Delhi
Decided on : Apr-28-2006
Reported in : 134(2006)DLT49; (2007)2LLJ350Del
..... this application which is hereby dismissed.100. cm no. 10456/2004 in writ petition(civil) no. 9491/2000by way of this application under section 17b of the industrial disputes act read with section 153 of the code of civil procedure, the respondent nos. 3, workman seeks an order to the respondent/management during the pendency of the ..... of the high court on this score has to be prima facie very clear, it goes without saying that while declining to grant relief under section 17-b of the act, we are required to act with utmost circumspection.50. in : (1996)illj420kant vysya bank ltd. v. general secretary, all india vysya bank employees' union, and ors., ..... contentions and judicial pronouncements on this issue, the court held thus:in any event, self-employment is not a norm for denying back wages as the section 17b of the id act clearly stipulates employment in an establishment. respondent no. 3/applicant is clearly not employed in any establishment. if in order to sustain himself, the respondent .....
Tag this Judgment!Court : Delhi
Decided on : Jan-17-2006
Reported in : 129(2006)DLT284; 2006(87)DRJ301; [2006]145STC211(Delhi)
..... on distribution of proceeds of the additional duty levied. whether it should impose sales tax on an item of declared goods limited by the restrictions in section 15 of the central sales tax act, 1956 and at the risk of losing a share in the additional excise duty levied in respect of this very item is for the state ..... of re-assessment apart from challenging the virus of notification dated 31st march, 2000, whereby pan masala and gutka were included as goods chargeable to tax under section 4(1)(a) of the act. 3. we have heard learned counsel for the parties and perused the record.4. appearing for the petitioners, mr.gaur made a two-fold submission ..... the schedule are amenable to additional duties of excise under the provisions of the additional duties of excise (goods of special importance) act, 1957. the scheme of section 8 of the andhra pradesh general sales tax act and the schedule to the same particularly in so far as exemption from payment of sales tax is concerned, is different from the .....
Tag this Judgment!Court : Delhi
Decided on : Apr-27-2006
Reported in : 2006(89)DRJ590
..... sought to be acquired. we may also keep in view the further salient fact that all the appellants have filed references for additional compensation under section 18 of the act. shri shanti bhushan, learned senior counsel, was right when he contended that the appellants could not have taken the risk of getting their reference ..... satisfaction depending upon any relevant date available to the state authorities at the time when they issued the impugned notification under section 4(1) of the act and dispensed with section 5-a inquiry by resorting to section 17 sub-section (4) thereof. the first point is, thereforee, answered in the negative, in favor of the appellants and against ..... could pass an order directing that in the emergent process of acquisition of land it will be necessary to dispense with the procedure provided under section 5a of the act. such direction essentially must be based upon proper application of mind. it was a commonly admitted position before us that there could be cases .....
Tag this Judgment!Court : Delhi
Decided on : Jan-02-2006
Reported in : (2006)202CTR(Del)169; 128(2006)DLT559; [2007]288ITR595(Delhi)
..... be said to be in bad faith. on the basis of this finding, the court held that the suit was not maintainable in view of the provisions of section 293 of the said act.17. the expression 'good faith' came up for consideration before the supreme court in the case of bijendra singh v. state of u.p. and ors. ..... a writ petition which was disposed of holding that the plaintiff should first avail of the alternative remedy, i.e., to file an appropriate application under section 132(11) of the income-tax act, 1961. the said plaintiff filed the application but as the assets were still not released, the plaintiff was constrained to file another writ petition, ..... the basis of 'invoice price' declared by the importer which was accepted as the 'transaction value' under rule 4 of the valuation rules, 1988 read with section 14(1) of the customs act, 1962. it is also noted that the subject goods were in the custody of the departments and had been incurring considerable demurrage charges, container charges, etc .....
Tag this Judgment!Court : Delhi
Decided on : Oct-09-2006
Reported in : 133(2006)DLT627; 2007(98)DRJ568
..... cross country route for laying the pipeline. competent authority for 5 states could be appointed who will acquire the rou under the petroleum and mineral pipeline act by publishing section 3 and section 6 notified in the official gazette of government of india. simultaneously all approvals/nocs namely pcb/moef approvals/rail, road, river crossings, dm, noc' ..... published in gazette on 12th march, 2005. the competent authority thereafter issued notices to the landowners on 13th may, 2005 and the notification under section 8 of the act was issued on 16th may, 2005 which was affixed on the notice boards of the office of the tehsildar and the panchayat. notification no. 2600 ..... interested person as he was not the owner of the land in question at the time of issuance of notification under section 3 of the act. on publication of gazette notification dated 18th july, 2005 under section 6, the land in question vested with the respondent no. 3 free from all encumbrances, as the competent authority .....
Tag this Judgment!Court : Delhi
Decided on : Jan-13-2006
Reported in : 128(2006)DLT238; 2006(32)PTC157(Del)
..... this court in polymer papers ltd. v. gurmit singh and ors. 2002 (25) ptc 327 (del) has considered the effect of section 2(c) of the copyright act and section 11 of the designs act to come to the conclusion that industrial drawings and designs in which copyright was claimed were for purposes of manufacturing of filter related machines or ..... are copying.62. in order for the work of the plaintiff to qualify as an 'artistic work', it must fall within the definition of sub-section (c) of section 2 of the copyright act. a reading of the said provision would show that attempt of the plaintiff can only be to bring it within the concept of 'painting'. the ..... the economic impact of the aforesaid has also been emphasized. if the subject work is an 'artistic work', the term of legal protection it will enjoy under section 22 of the copyright act, would be the lifetime of its author + 60 years and it would be enforceable not only through civil proceedings, but also incur criminal liabilities. however, if .....
Tag this Judgment!Court : Delhi
Decided on : Feb-20-2006
Reported in : 2006(88)DRJ233
..... a preferential right to acquire property has been granted to heirs of the intestate specified in class i. the word 'intestate' has been defined in the said act in section 3(g). a person is deemed to die intestate in respect of property of which he or she has not made a testamentary disposition capable of taking effect ..... . however, this order was subsequently recalled. the question that arose for consideration before the high court was whether the plaintiffs could move an application under section 22 of the said act in the partition suit itself or whether the plaintiffs were required to file a regular suit seeking such rights of pre-emption. the court decided that ..... that the plaintiff, having relinquished its rights to the property, had also lost his preferential rights in respect of the said property in view of section 22 of the said act. in respect of certain other lands which were not the subject matter of relinquishment, it was held that since the same were joint family properties .....
Tag this Judgment!Court : Delhi
Decided on : May-25-2006
Reported in : 2006(89)DRJ527
..... claimants was being put to agricultural use but it certainly had some building potential and was quite close to developed areas. in terms of notification issued under section 4 of the act, the land was sought to be acquired for construction of 400 k.v. substation for desu which itself indicates that the area had a building potential and ..... the reference court dated 6.4.1993 wherein the court had awarded compensation @ rs. 36,400/- per bigha as on 27.1.1984 when the notification under section 4 of the act had been issued for acquiring the land in the village amberhai. ex. mark 'd' was also produced on record which was a division bench judgment of ..... in addition to other statutory benefits. dissatisfied with the fair market price of the land as determined by the land acquisition collector, the claimants filed references under section 18 of the act, which in turn were referred to the court of the learned additional district judge. vide separate judgment dated 18.2.2002 (in laa 303-311/2006), .....
Tag this Judgment!Court : Delhi
Decided on : Mar-08-2006
Reported in : 2006(88)DRJ346
..... referred to by learned counsel for the contesting defendants is commissioner of wealth-tax, kanpur v. chander sen : [1986]161itr370(sc) . the effect of section 8 of the said act was discussed. section 8 is as under:8. general rules of succession in the case of males. - the property of a male hindu dying intestate shall devolve according to the ..... vis son and female heirs with respect to whom no such concept could be applied or contemplated. it may be mentioned that heirs in class i of schedule under section 8 of the act included widow, mother, daughter of predeceased son etc. 30. the second judgment referred to is of yudhishter v. ashok kumar : [1987]1scr516 . it was held ..... . the facts are somewhat apposite and thus can be discussed. the self-acquired property after the death of the deceased was inherited by six heirs under section 8 of the said act in equal share. the remaining five legal heirs of the deceased released and relinquished their 1/6th share in favor of defendant no. 1 in the .....
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