Court : Delhi
Decided on : Apr-28-2006
Reported in : 2006(88)DRJ832
..... be exported by virtue of the sundry provisions of the antiquities and art treasures act, 1972 (hereinafter referred to as `the antiquities act').2. section 3 of the antiquities act prohibits the export of `antiquities', which include paintings, as per the definitions in section 2 of the act. section 4 makes the customs act, 1962, applicable to instances where antiquities are sought to be exported. the said statute ..... when the new report is passed, the earlier report will not be given effect to. the cbi and customs authorities are indubitably acting on the basis of the `earlier' report.11. a perusal of section 24 of the antiquities act makes it palpably clear that it is either the director general or any officer not below the rank of director, archaeological survey of .....
Tag this Judgment!Court : Delhi
Decided on : Oct-12-2006
Reported in : 2006(4)ARBLR119(Delhi); 2006(33)PTC631(Del)
..... the court's intervention should be minimal.35. per contra, counsel for the plaintiffs contended that the provisions of the arbitration and conciliation act, including section 5 of the said act, cannot be invoked for the reason that arbitration, by its very nature, is an alternative dispute resolution mechanism involving consent of both ..... kumar texturisers : air1999bom118 wherein it was held that a conjoint reading of section 5, section 34, section 37 and section 14(2) of the arbitration & conciliation act of 1996 will show that the court can intervene only in cases covered by section 14, section 34 and section 37. 33. strong reliance was also placed by counsel for defendants in ..... had been framed on 28th june, 2005, but since the said application had been filed without invoking the provisions of section 5 of the arbitration & conciliation act, 1996 as also section 9 of the civil procedure code, the same was withdrawn with liberty to file an appropriate application in terms of the new policy .....
Tag this Judgment!Court : Delhi
Decided on : Aug-04-2006
Reported in : 140(2007)DLT428
..... bodies of their relatives who had died in the bomb blast. pw-64 shri r.c.meena proved the sanction for the prosecution of the accused under section 7 of the explosive substances act, 1908.37. this much is the main evidence of the prosecution relied upon by the prosecution. other witnesses examined were of formal nature and their ..... by confirming the death sentence imposed on the appellant mohd. hussain and the appeal filed by him for setting aside his conviction under sections 302/307 ipc and also under section 3 of the explosive substances act and the sentences imposed upon him vide judgment dated 26-10-04 and order on sentence dated 03-11-04 in sessions case no ..... jehad. on 27-02-98 itself the police had registered a case vide fir no. 49 of 1998 under sections 121/121a ipc and sections 3, 4 & 5 of the explosive substances act as well as under section 25 of the arms act at main delhi railway station. on the basis of information provided by the apprehended terrorists the police made more .....
Tag this Judgment!Court : Delhi
Decided on : Jul-03-2006
Reported in : 2006(90)DRJ745
..... same in evidence without any formal proof thereof. the following are the government scientific experts mentioned in sub-section (4) of section 293.(a) any chemical examiner or assistant chemical examiner to government;(b) the chief inspector of explosives;(c) the director of the finger print bureau;(d) the director, haffkeine institute, bombay;(e) the ..... statement of one injured had not been recorded; (2) the central forensic science laboratory report had not been obtained/not filed; (3) sanction under section 39 of the arms act, 1959 had not been obtained/not filed. submissions were made at length with regard to whether the challan was complete or incomplete and the same ..... the substance seized was ganja or not. and, the chemical analyser's report would determine whether the provisions of the narcotic drug and psychotropic substances act 1985 were attracted or not. the court held that in such a situation the magistrate undoubtedly could not proceed to take cognizance of the offence in .....
Tag this Judgment!Court : Delhi
Decided on : Jan-03-2006
Reported in : AIR2006Delhi300; 126(2006)DLT535; 2006(87)DRJ603
..... of t.n.83. petitioner who was the editor, printer and publisher of a weekly magazine intended to publish the autobiography of a condemned prisoner. autobiography was explosive as it set out the close nexus between the condemned prisoner and several ias, ips and other officers. before commencing the seriall publication of the autobiography in ..... 33. on the pleadings of the parties, vide order dated 12.10.1998, following issues were framed:-(i) whether the suit is barred under section 6 of the commissions of inquiry act, 1952 (ii) whether the offending statements/ submissions were not published by the defendant (iii) whether the offending statements/ submissions were made in good ..... and arguments. it was submitted only to the commission with a copy to counsel for ms.j.jayalalitha, accordingly defendant claims protection under section 6 of the commissions of inquiry act, 1952.31. it is pleaded by the defendant that the onus is on the plaintiff to establish that the offending statements are not .....
Tag this Judgment!Court : Delhi
Decided on : Mar-23-2006
Reported in : 129(2006)DLT393; 2006(89)DRJ73
..... place of arbitration was delhi as indicated by clause 18 of the schedule attached to the loan agreement between the petitioner and the respondents. in terms of section 20 of the said act, the parties are free to agree on the place of arbitration. since the parties have agreed on delhi, as the place of arbitration, this court would ..... subject-matter of the dispute had a suit been filed instead of invocation of arbitration. in sushil ansal the court, after examining the provisions of sections 41, 31 and 2(c) of the arbitration act, 1940 held that: thus one has to ascertain what are the questions forming the subject-matter of the reference to arbitration which resulted in ..... b) is up for consideration. the word 'court' has been ascribed a specific meaning by the said act as indicated by section 2(1)(e) thereof and has the same meaning whether it appears in section 34 or section 11(12)(b) read with section 11(6). thereforee, i find that the present case is entirely covered by the ratio of the .....
Tag this Judgment!Court : Delhi
Decided on : Apr-26-2006
Reported in : 131(2006)DLT648; [2006(111)FLR661]; (2007)ILLJ50Del; 2007(2)SLJ258(Delhi)
..... the award it does not appear that the workman adduced any evidence whatsoever in support of his contention that he complied with the requirements of section 25-b of the industrial disputes act. apart from examining himself in support of his contention he did not produce or call for any document from the office of the appellant herein ..... this court observed : (siri niwas case, scc p. 199, para 19)19. furthermore a party in order to get benefit of the provisions contained in section 114iii(g) of the evidence act must place some evidence in support of his case. here the respondent failed to do so.26. in hariram this court observed : (scc p. 250, para ..... to this application as well.as the petitioner failed to comply with the demand made by the respondent no. 2, the respondent filed an application under section 7 of the payment of gratuity act, 1972 before the controlling authority on 23rd march, 2001. the material averments in this application were to the following effect:xxxx2. basis of claim .....
Tag this Judgment!Court : Delhi
Decided on : Jun-02-2006
Reported in : 130(2006)DLT553
..... parties may agree expressly or impliedly that a license which is prima facie revocable not falling within either of the two categories of license as contemplated by section 60 of the act shall be irrevocable. such agreement may be in writing or otherwise and its terms or conditions may be express or implied. a license may be oral ..... law attempts to preserve order in the society relegating that the jurisprudential perception stood under section 6 of the act irrespective of the possession of the person dispossessed irrespective of the fact whether he has any title to possession or not . in para 29, this ..... reason is obvious that it aims to preserve the efficacy of law and peace and order in the society relegating the jurisprudential perspectives to a suit under section 5 of the act and restitute possession to the person dispossessed, irrespective of the fact whether he has any titled to possession or not.7. the reason is obvious that .....
Tag this Judgment!Court : Delhi
Decided on : Apr-24-2006
Reported in : 131(2006)DLT585; 2007(3)SLJ479(Delhi)
..... and inflexible nature of the liability to mandate that no one can be dismissed on account of pregnancy. it is a non-discriminatory provision. section 27 mandates that provisions of the act would have overriding effect.12. articles 14 and 15 of the constitution guarantee equality, article 15(3) enables the state to make special provision ..... 1980 when it was sent in may, 1980 as alleged. she challenged the communication as malafide and also as vocative of the provisions of section 12 of the maternity benefits act, 1961. the workman had reiterated the stand she had taken in her claim statement on the ground that the termination of her service without assignment ..... cannot be held that the petitioner had received the communication dated 3rd may, 1980 on 6th may, 1980.8. the petitioner has placed reliance on section 12 of the maternity benefits act, 1961 which reads as follows:12. dismissal during absence or pregnancy. -(1) when a woman absents herself from work in accordance with the provisions .....
Tag this Judgment!Court : Delhi
Decided on : Jul-10-2006
Reported in : 131(2006)DLT105; 2006(92)DRJ73
..... as well as ericsson have separately made their own appointments/nominations, namely, justice vijay bahuguna (retd.) and justice sat pal (retd.), obviously under section 11(2) of the act. this would of course increase the expenses that will be incurred by the parties. the no objection of justice vijay bahuguna (retd.) is of ..... bay for several years. i hold that since there is no agreement between oberthur and ericsson to submit their disputes to arbitration and thereforee section 2(f) of the act is not attracted. the fact that justice vijay bahuguna (retd.) was appointed/nominated on behalf of oberthur also, would not create or ..... appointed instead.6. mr. kher, learned counsel appearing for ericsson now stresses upon section 2(f) of the arbitration and conciliation act, 1996 (hereinafter referred to as `the act') which contains the definition of an `international commercial arbitration', and on section 11(9) which stipulates that in the case of an international commercial arbitration .....
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