Court : Delhi
Reported in : 2003ACJ1123; AIR2002Delhi113
..... : (1974)1mlj37 . in order to discharge the burden, the defendant no. 2 has taken the following defenses.a) building in question was constructed according to specifications of explosives act. the plant portion was totally separate from the rest of the building. there were two entrances to the plant; one from the rear gate and other from the small ..... of defendant no. 2 is another witness examined by the defendant. he has mainly deposed to the effect that the building was constructed according to specifications of explosives act. the plant portion was totally separate from the rest of the building. there were two entrances to the plant and one from the rear gate and one ..... plant area as he could foresee the danger there. he also submitted that the plaintiffs could claim damages only as per the section 1a of the fatal accident's act and since the ingredients of that section were not satisfied by the plaintiffs in the instant case, no liability fell on the defendants.21. on the other hand, .....
Tag this Judgment!Court : Delhi
Reported in : 2002VAD(Delhi)607; 96(2002)DLT225
..... document included in the record of rights cannot be disputed since it contains the statements on matters envisaged under clauses (a) and () of sub-section (2) of section of the act. according to the courts below wajib-ul-arz document being record of rights of estates completed after 18th day of november, 1871, and there ..... the town or village which had been growing in size because of its commercial, industrial educational, religious or any other kind of importance or because of the explosive population;(ii) the suitability of the acquired land for putting up the buildings, be they residential, commercial or industrial, as the case may be;(iii) ..... of the other owners, having similar advantages. para 5 of the report says:'market value is determined on the date of notification under section 4(1) of the act. under section 23 for determination of the market value exemplarsof contemporaneous transactions in respect of land having similar advantages have the evidentiary value. previous awards have .....
Tag this Judgment!Court : Delhi
Reported in : 96(2002)DLT597; 2002(62)DRJ93; 2002(3)RAJ195
..... eastern engineeringenterprises and anr. 1999 30 alr 350 (s.c.) a clausethat the remuneration payable would be inclusive of theelement which includes cost of explosives etc.accessories, transportation, salary and wages. it wasalso provided that the contractor shall not be entitled toraise any such claim. still the arbitrator awarded theclaim for ..... are as under:-'....it was not open to the arbitrator toignore the said conditions which are binding onthe contracting parties. by ignoring the same,he has acted beyond the jurisdiction conferredupon him. it is settled law that arbitratorderives the authority from the contract and if heacts in manifest disregard of the contract ..... be measured underconcrete and the scattered nature of shutteringis to be measured under shuttering. in respectof sand filling in plinth with j.sand andsupply of bitumen in act. items 2.4 and 8.4',the arguments of the executive engineer areaccepted. in respect of 'cutting andstraightening of steel bars and bottom tie inact .....
Tag this Judgment!Court : Delhi
Reported in : 96(2002)DLT28
..... a due enquiry and upon completion of all necessary requisite formalities thereforee.the 4th respondent also obtained noc from the district collector on 1.3.2000 and from joint chief explosive controller on 28.3.2000 and diesel selling license for the said purpose was granted to 4th respondent on 18.7.2000.16. from a perusal of the counter- ..... sown by avandhu the complainant of the case by driving tractor and allowing animals to crush the crop as a result he suffered heavy loss and the said act is offence punishable under section 427 ipc and the same is cognizable by this court. second: that on the above said place and date and time, you in furtherance of your common ..... said date and time and place you to fulfill your common object made the complainant of the case to run to save the life by using criminal force which act is punishable under section 352 ipc and the same is cognizable by this court. fourth: that on the above stated date time and place you in furtherance of your common object .....
Tag this Judgment!Court : Delhi
Reported in : 2002IIIAD(Delhi)995; AIR2003Delhi32
..... between the parties, has a tradition in india. it has a social purpose to fulfill today. it has a great urgency today when there has been an explosion of litigations in the courts of law established by the sovereign power. new rights created, or awareness of these rights, the erosion of faith in the intrinsic ..... a clause which restricts the period of limitation would be invalid. reliance on behalf of the applicant was placed on section 28 of the contract act as amended by the indian contract act (amendment act), 1996 (act one of 1997). the provision of section 28 are being reproduced below for the sake of facility: 28. agreements in restraint of legal proceedings, void. ..... contract between the parties had been arrived at before the amendment and even the work executed before that. consequently the provisions of the amended provisions of section 28 of the contract act will not have a role to play, so far as the present dispute is concerned. in that view of the matter the said argument so .....
Tag this Judgment!Court : Delhi
Reported in : 2002IIAD(Delhi)261; 95(2002)DLT508; 2002(61)DRJ457; 2002RLR149
..... unreasonable and unfair as they have kept the standard rent yoked to the levels ofthe past, including the levels prior to the year 1944 [see section 6 of the act]. evenif section 6a is applied to a situation where a landlord was getting rs. 50/- per month as standard rent in respect of his premises, the ..... then prevailing situation. over the years the restrictions and limitations imposed andcontinued by various rent control legislations, namely, the new delhi house rent control order, 1939; the punjab urban rent restriction act, 1941; the delhi rent control ordinance, 1944 ..... of the principles set out in section6 of the act, unduly and unreasonably fetter the rights of the landlords underarticles 14, 19(1)(g) and 21 of the constitution. 12. the control of rents and evictions, which were initiated in the wake of partition and population explosion in delhi, served a salutary purpose in the .....
Tag this Judgment!Court : Delhi
Reported in : 2002IVAD(Delhi)423; 97(2002)DLT377; 2002(62)DRJ284
..... of the apex court in state of rajasthan and ors. v. swaika properties and anr., : [1985]3scr598 was followed by a division bench of this court in indo gulf explosives ltd. and anr. v. up state industrial development corporation and anr., : 79(1999)dlt193 wherein in was observed:10. in the instant case also the question arising for ..... upon the nature of the impugned order giving rise to a cause of action. the notification dated february 8, 1984 issued by the state government under section 52(1) of the act became effective the moment it was published in the official gazette as thereupon the notified land became vested in the state government free from all encumbrances. it ..... the service of such notice was in integral part of the cause of action. the entire cause of action culminating in the acquisition of the land under section 52(1) of the act arose within the state of rajasthan i.e. within the territorial jurisdiction of the rajasthan high court at the jaipur bench . the answer to the question .....
Tag this Judgment!Court : Delhi
Reported in : [2003]115CompCas624(Delhi)
..... allow new management to file various returns/forms and any other related documents (viz. income-tax, central excise & customs, provident fund, esi, registrar of companies, department of explosives and any other central government authorities etc.) on/ before 31-12-2000 and not to impose any interest, penalty, fine etc. on account of delay due to closure of ..... depreciation/unabsorbed losses for all the years during which the revival scheme is implemented. (iii) to exempt from applicability of payment of minimum alternative tax under section 115ja of income-tax act till the accumulated losses are wiped out. ** ** ** (vii) to defer the income-tax (tds) dues as per the terms of the ..... bifr') dated 22-11-2000 was dismissed. the facts giving rise to the writ petition arc as follows : 2. in 1992, the third respondent rajasthan explosive & chemicals ltd., was declared a sick industrial company by the bifr. the promoters of the company were not able to make a viable proposal for rehabilitation .....
Tag this Judgment!Court : Delhi
Reported in : 99(2002)DLT147; 2002(63)DRJ563
..... at railway station, rosa gaon, 10 persons were killed and 44 were injured. consequently, a case vide fir no. 148/00 under sections 150(2)/151 railways act and section 3 explosive substances act and sections 302/307/338/120b/121/122/123/124 ipc at grp barabanki was registered. during investigations, three persons were arrested. mohd akil, ..... inquiries revealed that the persons who had died were students of aligarh muslim university. a case fir no. 988 dated 9th august, 2000, under sections 4/5 explosive substances act and sections 420/467/468/121/121a/122/123/124a ipc, p.s. sadar bazar agra. investigations revealed that they had come to agra for the ..... materials were recovered from gulam jilani and mohd. zuber and fir no. 85/2001 under sections 4 & 5 of explosive substances act and fir no. 70/2001 and fir no. 71/2001 under sections 25/27 arms act & sections 3, 4, 5 explosive substances act were registered. during investigations, they confessed that they are the active members of simi and .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (2003)(85)ECC389
..... valuation rules, @ us $ 1.12 per kg. and assessed to duty accordingly; (c) the appellants did not contest the proposal to charge interest on duty amount under section 28ab of the customs act. they were liable to pay interest on the delayed payments of duty as, by gross misdeclaration of description and value of the goods, they had short-paid duty ..... of the goods. in this connection, ld. counsel relied on the following case law :akbar badruddin jiwani v. collector of customs [1990 (47) e.l.t. 161 (s.c.)]indian explosives ltd v. collector of customs [1992 (60) e.l.t. 111 (cal.)] relying on the tribunal's decision in nirmal surekha and ors. v. cc [2001 (132) e.l ..... the provisional assessment of the goods. it was the date of finalisation of provisional assessment that was even the starting point of limitation for any demand of duty under section 28 of the act on the basis of the finalised assessment. he cited the tribunal's decision in asha printery v. cc, bombay [2000 (116) e.l.t. 474] in .....
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