Court : Delhi
Decided on : Mar-10-2006
Reported in : 2006(88)DRJ217
..... . one is is no. 3054/2005 under order xxxix rule 3 cpc seeking vacation of the exparte injunction. second application is crl.m. no. 4066/2005 under section 340 of the cr.p.c. alleging that the plaintiffs have made false statements and have committed perjury for which they should be prosecuted. notice in these two applications ..... no. 2. sustenance is also sought to be drawn from the provisions of the transplantation of human organs act, 1994 by contending that it is in pari materia with the case at hand in these proceedings. section 5 of the said act recognizes only the right of the 'near relatives' of the deceased to claim dead bodies. 'near relative' ..... has been defined in section 2(i) as 'spouse, son, daughter, father, mother, brother or sister'. 21. learned senior counsel .....
Tag this Judgment!Court : Delhi
Decided on : Feb-01-2006
Reported in : 2006(32)PTC441(Del)
..... work.22. when the registration does not confer any rights it is to be seen as to how copyrights in favor of a person come into existence. section 13 of the copyright act gives a clue as to how a copyright is acquired. it say that copyright shall subsist throughout india, inter alia, in case of original literary, dramatic ..... . one seeking relief against the fraud of others must be free from fraud. an exclusive privilege for deceiving the public is assuredly one act that a court of equity can be required to section (3). accordingly it is essential that the plaintiff should not be in his trade mark or in his advertisement and business himself guilty ..... are conferred on account of registration of copy rights and what exactly the nature of copyright is. the relevant provisions regarding the registration of copyrights are sections 44 and 45 of the copyright act. section 44 says that there shall be kept at the copyright office register in the prescribed form to be called register of copyright .....
Tag this Judgment!Court : Delhi
Decided on : Jul-27-2006
Reported in : 133(2006)DLT175; [2006(111)FLR816]
..... institutions whether the said institutions are imparting primary, secondary, graduate or post-graduate education cannot be called as 'workmen' within the meaning of section 2(s) of the act. imparting of education which is the main function of teachers cannot be considered as skilled or unskilled manual work or supervisory work or technical ..... argument of the learned counsel for the respondents that despite being teachers, the two employees were actually workmen falling within the definition of section 2(s) of the industrial disputes act. since these two employees/respondents were not workmen, they could not have invoked the jurisdiction of the labour court. they were not ..... and ors. (1998) 4 scc 42 that teachers were not workmen. this conclusion flows from the very definition of 'workman' as given in section 2(s) of the industrial disputes act, which is to the following effect:'workman' means any person (including an apprentice) employed in any industry to do any skilled or unskilled manual .....
Tag this Judgment!Court : Delhi
Decided on : Sep-11-2006
Reported in : 133(2006)DLT132; [2006(111)FLR814]
..... years.6. another factor which strikes the mind is that one of the workman is a pujari. he has been held as a workman unmindful of section 2(s) of i.d. act. section 2(s) of the act reads as under:(s) 'workman' means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical ..... of religious hymens and bhajans and artieswhich he has to recite in the temple. this work cannot be considered by any stretch of imagination a work specified in section 2(s) of the act. the tribunal has misdirected itself by considering a pujari as a workman. the other workman was working as a chowkidar. since the activities of the petitioner were ..... in its order how pujari has been considered as a workman. a pujari in a temple cannot be workman. only those persons who are covered under the definition of section 2(s) of the act can be described as workman. in h.r. anyathuaya 1994 (11) clr 552, supreme court held that in order to be covered under .....
Tag this Judgment!Court : Delhi
Decided on : Sep-11-2006
Reported in : 133(2006)DLT26
..... was revoked before institution of the suit for mandatory injunction and the suit was filed without unreasonable delay after termination of the license. thereforee, section 7(v) of the court fee act was not attracted and since the relief for grant of injunction was discretionary and even if there was some delay, attempt should be made to ..... in the present suit also, before this court) was whether a suit for possession should have been filed instead of a suit for mandatory injunction under section 55 of the specific relief act. the punjab high court (delhi bench) referred to the judgment titled prabirendra nath v. narendra nath reported in : air1958cal179 in which the owner had ..... license, it was opined that the claim in substance was for possession and the valuation for the purposes of court fee was governed by section 7(v) of the court fee act and the plaintiff could not put his own valuation. the high court opined that the learned munsif had not exercised his jurisdiction illegally or .....
Tag this Judgment!Court : Delhi
Decided on : Oct-05-2006
Reported in : 2006(92)DRJ331
..... of the university. it was further held that the office of the principal is a public office because the powers and duties of the principal relate to a large section of public, namely, to the students of the college. it was also held that a writ of mandamus will lie against the college. admittedly, this judgment has ..... letter quoted above. thereforee, in fact, it is established that the withdrawal letter had been submitted before the resignation letter was accepted. the resignation is a unilateral act and there could not no estoppel against the withdrawal of this resignation. it has been the consistent view of the courts that a resignation letter can be withdrawn before ..... relieve the petitioner till the resignation was withdrawn on 11.3.2004. 16. it remains to be said that respondent no. 3 in accepting the resignation had not acted fairly. in the first place by the time the meeting of the governing body was held the resignation had already been withdrawn and the governing body, thereforee, .....
Tag this Judgment!Court : Delhi
Decided on : Nov-09-2006
Reported in : 2006(92)DRJ657
..... 34 on 8th march, 1934. the aforesaid document was given exhibit mark treating the document to be more than 30 years old and, thereforee, admissible under section 90 of the evidence act. in our considered opinion, the said document also has no relevance to the facts of the present case as teh bazari receipt is granted by a ..... judge also considered as to whether or not the aforesaid rent receipt could be said to be proved to be 30 years old as envisaged by section 90 of the evidence act so as to admit them in evidence without formal proof. after considering the ratio of the decision of the andhra pradesh high court in pinnika lakshmaiah ..... no. 5062, bazar sirkiwalan, delhi. counsel for the appellant submitted before us that those documents should be and could be admitted in evidence under the provisions of section 90 of the evidence act and, thereforee, they are sufficient proof in support of the claim of the appellant. we are, however, unable to accept the aforesaid submission of the counsel .....
Tag this Judgment!Court : Delhi
Decided on : Nov-18-2006
Reported in : 137(2007)DLT639
..... may be induced fraudulently or dishonestly to deliver any property to any person. the second class of acts set forth in the section is the doing or omitting to do anything which the person deceived would not do or omit to do if he were not so deceived. in the first ..... the court distinguished cheating from mere breach of contract. after quoting the provisions of section 415 ipc, which defines cheating, the apex court observed as under :14. on a reading of the section it is manifest that in the definition there are set forth two separate classes of acts which the person deceived may be induced to do. in the first place he ..... class of cases the inducing must be fraudulent or dishonest. in the second class of acts, the inducing must be intentional but not fraudulent or dishonest. 15. in determining .....
Tag this Judgment!Court : Delhi
Decided on : Nov-20-2006
Reported in : 135(2006)DLT440
..... 8.2.1994 and there was a stay against the impugned adjudication order. however, even before this reply, the respondent filed complaint in question under section 57 of fera against the petitioner on 16.4.2002 and the learned acmm took cognizance of the offence and issued summoning orders. after receiving the notice ..... this application has been dismissed vide impugned order dated 25.11.2003 passed by the learned acmm and in these circumstances the present petition is preferred under section 482 cr.p.c. for quashing of the impugned order and dismissal of the complaint. before adverting to the issue raised, let me first take ..... sikri, j.1. enforcement directorate, through the enforcement officer, has filed complaint under section 57 of the foreign exchange regulation act, 1973 (hereinafter referred to as 'fera') and in terms of sub-sections (3) and (4) of section 49 of the foreign exchange (amendment) act, 1999, against the petitioner herein. the allegation is that vide adjudication order dated .....
Tag this Judgment!Court : Delhi
Decided on : Apr-21-2006
Reported in : 2006(1)CTLJ296(Del); 129(2006)DLT662
..... value add each of these is assessed in terms of a set of pre-qualification criteria and supporting pre-qualification factors that are detailed in the section 56.the purpose of the technical pre qualification phase is to ensure that only those bidders that can address the goi's strategic objectives are evaluated ..... the wholesome rule in regard to judicial interference in administrative decisions is that if the government takes into consideration all relevant factors, eschews from considering irrelevant factors and acts reasonably within the parameters of the law, courts would keep off the same.99. in balco employees' union (regd.) v. union of india : (2002)illj550sc ..... caution that the court must always exercise in the following words :the law relating to award of a contract by the state, its corporations and bodies acting as instrumentalities and agencies of the government has been settled by the decision of this court in ramana dayaram shetty v. international airports authority of india : .....
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