Court : Delhi
Decided on : Jul-18-2006
Reported in : 2006CriLJ4099; 131(2006)DLT643; II(2006)DMC382; 2006(90)DRJ734
..... , and in order to the doing of that thing; orthirdly. intentionally aids, by any act or illegal omission, the doing of that thing.8. in hira lal jain (supra), a learned single judge of this court, after examining the provisions of section 107, indicated that a reading thereof would make it clear that the person who instigates another ..... to the doing of that thing; or thirdly, intentionally aids, by any act or illegal omission, the doing of that thing.xxxxx xxxxx xxxxx xxxxx xxxxx 9. in mahendra singh v. state of m.p. : 1996crilj894 , the appellant was charged for an offence under section 306 i.p.c. basically based upon the dying declaration of the deceased, ..... which defines 'abetment'. he submitted that the ingredients of section 107 are not made out in the present case as there is no instigation or goading. secondly, there is no allegation of any conspiracy and, thirdly, there is no intentional aiding in the doing of an illegal act. he also submitted that there is no suicide note in .....
Tag this Judgment!Court : Delhi
Decided on : Sep-08-2006
Reported in : 136(2007)DLT91
..... chancellor to nominate on its behalf three persons not connected with the university, who had special knowledge of the subject for the post of librarian in terms of section 27(2) of the statutes of the university. accordingly the selection committee meeting was held, one mr. a.r. sethi was selected in absentia and ..... all the powers of the first vice chancellor in the matter of appointment of teachers which trace his powers to section 24(5)(b) can be exercised without any respect to other provisions of the act and the statutes cannot be countenanced at all. to accept such an argument will be definitely encouraging illegality, arbitrariness ..... delegate may exercise the said power from time to time. learned counsel for the respondent referred to section 14 of the general clauses act which is reproduced as follows: - where by any central act or regulation made after the commencement of this act, any power is conferred, then, unless different intention appears, that power may be exercised from .....
Tag this Judgment!Court : Delhi
Decided on : Sep-11-2006
Reported in : 133(2006)DLT195; [2006(111)FLR768]
..... days in preceding year. i consider that tribunal misdirected itself by not considering the fact whether the respondent was entitled to benefit under sections 25f and 25n in view of section 25b of the act.9. admittedly, the respondent was a retainer-crew-conductor, he was employed temporarily till the period, the petitioner employed regular conductors, ..... labour court had failed to appreciate that the respondent workman was a conductor appointed on daily wages and his termination was not retrenchment under sections 25f and 25n of industrial dispute act. it is also submitted that vide order dated 23.7.1998 appointment has been offered to the respondent workman after passing of impugned ..... he is not in the requirement of employment as a daily wager.7. in order to apply section 25f and 25n, it is necessary that a workman should be covered by definition of 25b of the industrial dispute act. section 25b reads as under:[definition of continuous service - for the purposes of this chapter,-(1) a .....
Tag this Judgment!Court : Delhi
Decided on : Sep-18-2006
Reported in : 2007CriLJ696; 133(2006)DLT706; 2006(92)DRJ198
..... demand to pay a ransom. in paragraph 8 of the said decision the division bench observed as under:8. as already pointed out above to attract the provisions of section 364-a, ipc, prosecution has to prove that the accused kidnapped or abducted the child, kept him under detention after such kidnapping and that the kidnapping was for ..... 364-a ipc is concerned, the same is not made out on the basis of the allegations contained in the prosecution case. he submits that the ingredients of the section which pertain to kidnapping/abduction for demand of ransom, is not made out. the second point raised by the learned counsel for the petitioner is that the petitioner ..... or international, inter-governmental organisation or any other person to do or abstain from doing any act or to pay a ransom, shall be punishable with death or imprisonment for life and shall also be liable to fine.7. construing the section in the factual backdrop of the present case and shorn of unnecessary words the same would read .....
Tag this Judgment!Court : Delhi
Decided on : Jan-31-2006
Reported in : 2006(87)DRJ731; 2006(3)SLJ251(Delhi)
..... nature of objections raised by the appellant, the record of enquiry held by the management ceased to be ?omaterial on record within the meaning of section 11-a of the act and the only course open to the management was to justify its action by leading fresh evidence as required by the labour court. if such evidence ..... to the delinquent. thirdly, not only would the entire proceedings be completed quickly but also inexpensively. it is, thereforee, not correct to contend that the standing order or section 22(ii) of the act conflicts with the principles of natural justice. '40. the law was again reviewed in indian overseas bank v. indian overseas bank officers' assn. , : (2001) ..... s function was checked by a senior assistant. thereforee, it was held that the first respondent was a workman within the meaning of the expression under section 2(s) of the act. 14. the tribunal considered the merits of the case on the basis of the evidence led and the documents placed before it. the management had .....
Tag this Judgment!Court : Delhi
Decided on : Feb-23-2006
Reported in : (2006)203CTR(Del)147; [2006]282ITR526(Delhi)
..... 19. we, hence, cannot agree with the submission of learned counsel for the petitioner that the words 'for any service rendered by him outside india' in section 80rra of the act would include service rendered by a person who remains physically in india but the service is for some work which is done outside india.20. in this connection, ..... wider meaning to the word 'employer' than in common parlance. however, we are of the opinion that the petitioner is not entitled to the benefit of section 80rra of the act because he has not rendered any service outside india for which he received the remuneration in question.13. under clause 3 of the agreement (which we have ..... corporation, japan, for the financial years in question.10. before dealing with the contentions of learned counsel for the parties, we may refer to section 80rra(1) of the income-tax act which states as follows:80rra.(1) where the gross total income of an individual who is a citizen of india includes any remuneration received by him .....
Tag this Judgment!Court : Delhi
Decided on : Jul-21-2006
Reported in : 2007(99)DRJ593
..... and also to pay fine of rs. 1000/- each. in default of payment of fine they shall suffer simple imprisonment for one year. for his conviction under section 27 of the arms act respondent no. 1 mohan singh is sentenced to undergo rigorous imprisonment for 3 years and also to pay fine of rs. 500/-. in default of payment of ..... by the additional sessions judge, delhi acquitting both the respondents herein, who happen to be husband and wife, of the charges under section 302/34 ipc and respondent no. 1 under section 27 of the arms act also.2. the case of the prosecution put up before the trial court is as follows:on 4-12-85 an information about ..... persons were charge-sheeted and in due course they were committed to the court of sessions. thereafter a charge under section 302/34 ipc was framed against both the accused and a separate charge under section 27 of the arms act against accused mohan singh only was also framed by the learned additional sessions judge. both the accused pleaded not guilty .....
Tag this Judgment!Court : Delhi
Decided on : Apr-25-2006
Reported in : 130(2006)DLT49; 2006(90)DRJ370; [2006(111)FLR103]; (2006)IIILLJ662Del
..... award till the challenge to the award is finally decided which is in accord with the statement of the objects and reasons of the industrial disputes (amendment) act, 1982 by which section 17-b does not preclude the high courts or this court from granting better benefits-more just and equitable on the facts of a case-than contemplated by ..... it may deem fit in the interests of justice. the court may, depending on the facts of a case, direct payment of full wages last drawn under section 17-b of the act only by the employer to the workman. the question whether a workman is entitled to the full wages last drawn or full salary which he would be entitled ..... the apex court in jt 2001 (supp.1) sc 229 entitled regional authority, dena bank and anr. v. ghanshyam held thus:10. it may be noticed that section 17-b of the act does not preclude the high courts or this court under articles 226 and 136 of the constitution respectively from passing appropriate interlocutory orders, having regard to the facts .....
Tag this Judgment!Court : Delhi
Decided on : Sep-13-2006
Reported in : (2007)2LLJ555Del
..... been adjusted pursuant to the second impugned order dated 27.9.2005, the said amount should be repaid to the workman by adding it to the monthly payments under section 17b id act.23. accordingly, this appeal is partly allowed. the order dated 27.9.2005 passed by the learned single judge in cm no. 10653/2005 is set aside. the ..... it may be useful to recapitulate where the law stands at present in relation to the payment of wages to a workman under section 17b of the id act.8. section 17-b of the i.d. act reads as under:section 17-b payment of full wages to workman pending proceedings in higher courts: where in any case a labour court, tribunal or national ..... date of the termination of his services. before us, the appellant did not dispute the entitlement of the respondent workman to the wages last drawn in terms of section 17b of the id act. in fact in the subsequent application cm no 10653 of 2005 filed by it before the learned single judge, the appellant sought the modification of the first .....
Tag this Judgment!Court : Delhi
Decided on : Nov-09-2006
Reported in : II(2007)DMC830; 2009(93)DRJ22
..... given.2. the petitioners have filed this writ petition seeking quashing of fir no. 485/2004 registered against them under section 307 ipc and section 3 and 4 of dowry prohibition act read with section 25/27 of the arms act with police station mukherjee nagar.3. briefly stated, the facts of this case are that the fir in question was ..... .8. in view of the above this writ petition is allowed. fir no. 485/2004 registered against the petitioners under section 307 ipc and section 3 and 4 of dowry prohibition act read with section 25/27 of the arms act with police station mukherjee nagar is quashed and all consequent proceedings pursuant thereto are also ordered to be dropped. ..... made demand of dowry from respondent no. 2 prior to her proposed marriage with petitioner no. 1. the learned counsel has further submitted that the offence under section 307 ipc for which fir in question is registered is non-compoundable and thereforee she has prayed that the request of the petitioners for quashing of fir be .....
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