Court : Delhi
Reported in : IV(2005)ACC27; 2007ACJ2714; AIR2005Delhi424; 123(2005)DLT466; 2005(84)DRJ6
..... damage. a) to boilers (other than domestic boilers) economisers or other vessels, machinery or apparatus in which steam is generated or their contents resulting from their own explosion/implosion. b) caused by centrifugal forces. 4. impact by any rail/road vehicle or animal.5. aircraft and other aerial and/or space devices and/or articles ..... interpretation made by the committee, a view was expressed that claims to looting stand excluded in terms of fire policy currently in force under item no. v of section ii of the tariff. this exception built under item 5 is found in clause (d) according to which claims relating to burglary, house breaking, theft, arson etc ..... an assemblage of three or more persons having, individually or collectively, the ability of immediate execution of such threat or threats, where the performance of the threatened acts or acts of violence would constitute a clear and present danger of, or would result in, damage or injury to the property of any other person or to the .....
Tag this Judgment!Court : Delhi
Reported in : 2006ACJ2820; 2005(84)DRJ425
..... longer in the realm of speculation.12. law has to determine compensation taking into account the facts before the court as they exist when claim is filed. but for docket explosion in courts, it would normally be expected that mact claims get decided within 2 to 3 years. would it be open to a party to seek review on ground of ..... account of pain and suffering as also loss of company of a son;8. on the issue of multiplier, after the second schedule has been inserted in the motor vehicle act, 1988, legislative guidance is available to the courts. in the instant case, death took place when second schedule was not to be found on the statute book9. multiplier is determined .....
Tag this Judgment!Court : Delhi
Reported in : 124(2005)DLT403; 2005(84)DRJ421
..... the submissions made by learned counsel for the appellant and has no hesitation in concluding that the impugned sentence awarded by the trial court under section 5 of the explosive substances act, 1908 by sentencing the appellant to undergo ri for 14 years cannot be sustained. the rigorous imprisonment could not be for more than five ..... case the plea of learned asg that transportation for 14 years be read as imprisonment for 14 years is accepted, there would be incongruity in section 5 of explosive substances act, 1908 inasmuch as it would provide imprisonment for 14 years as well as 5 years without any classification as to for which category which punishment ..... expression means transportation for any shorter term, be deemed to have been omitted. learned counsel contends that the maximum punishment provided under section 5 of the explosive substances act, 1908, thereforee, remains imprisonment for five years only as the transportation for a term of 14 years is deemed to have been omitted by .....
Tag this Judgment!Court : Delhi
Reported in : 124(2005)DLT550; 2005(85)DRJ674
..... 'it makes judicial review of administrative orders a hopeless formality for the litigant. ... it reduces the judicial process in such cases to a mere feint.''53. the explosive growth of vehicular traffic these last few years, with myriad attendant problems, including inadequate parking provisions, are relevant and material factors which ought to engage the attention of the ..... is 49,960.20 sq.feet. the far admissible is 100. the total sanctioned built up area is 54,405.202 square feet.38. delhi has registered an explosive growth of vehicular traffic, over the last decade. the statistics made available by the transport department of the government of nct (source:http://transport.delhigovt.nic.in/ ..... (mcd) is duty bound to take appropriate action for violation of these and also change of land user, for which action has to be taken under section 347 of the 1957 act.7. the petitioners allege that the complex proposed violates bye-law 26.1, 13.0 and 13.0 to 13.8 of the building bylaws (hereafter .....
Tag this Judgment!Court : Delhi
Reported in : 2005(3)ARBLR495(Delhi); 125(2005)DLT100; 2005(85)DRJ151
..... of disputes 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 sense ..... and norms which will create confidence, not only by doing justice between the parties, but by creating a sense that justice appears to have been done. sections 30 and 33 of the act provide for the grounds on which an award of the arbitrator can be set aside. these were mainly, until recent changes made by statutory laws in england ..... learned arbitrators. some of the claims were rejected.5. it is trite to say that this court while considering objections under sections 30 and 33 of the arbitration act, 1940 (hereinafter to be referred to as, 'the said act') does not sit in appeal over the decision of an arbitrator. the objections are not akin to appeal from an original .....
Tag this Judgment!Court : Delhi
Reported in : IV(2005)ACC746; 2006ACJ1025; AIR2006Delhi75; 125(2005)DLT120; (2006)142PLR33
..... law review, 1961, vol. 24, p. 557).26. in read v. lyons 1947 ac 156 (supra), which was a case of injury due to a shell explosion in an ammunitions factory, lord macmillan while rejecting the claim of the plaintiff made further restrictions to the rule in rylands v. fletcher by holding that the rule ' ..... 3 ex 330 was subsequently interpreted to cover a variety of things 'likely to do mischief' on escape, irrespective of whether they were dangerous per se e.g. water, electricity, explosions, oil, vibralious, noxious fumes, colliery spoil, poisonous vegetation, a flagpole, etc. (see 'winfield and jolowicz on 'tort', 13th edn. p. 425) vide national telephone co. ..... in various social welfare statutes the principle of strict liability has been provided to give insurance to people against death and injuries.41. thus section 3 of the workmen's compensation act 1923 provides for compensation for injuries arising out of and in the course of employment, and this compensation is not for negligence on the .....
Tag this Judgment!Court : Delhi
Reported in : AIR2006Delhi57; 2005(3)ARBLR533(Delhi); 125(2005)DLT298; 2005(85)DRJ395
..... the respondents were eager to expeditiously appoint dealers because of liberalisation in the industry thereforee assumes attractiveness. the petitioner already had land as well as an explosives license in hand. on the other hand the mala fides of the respondents, prima facie, are evident from the fact that it chose to take ..... the respondent nevertheless chooses to terminate the contract after meticulously meeting the mandates of natural justice interim measures can be prayed for under section 9 of the arbitration and conciliation act.16. the impugned order dated 2.11.2005 is accordingly quashed. in doing so this court is neither ignoring the arbitration clause ..... citizen is without merit and is rejected.11. the next question pertains to the existence of an arbitration clause and the sweep of section 8 of the arbitration and conciliation act, 1996. i must straightway refer to the decision of the constitutional bench comprising seven learned judges of the supreme court in landmark precedent .....
Tag this Judgment!Court : Delhi
Reported in : 125(2005)DLT543; 2005(85)DRJ523
..... detention from early morning of 24th june 1999, ultimately case was registered against him on 29th june 1999 when formal arrest was shown under sections 3, 4 and 5 of the explosive substances act read with section 120(b) of the indian penal code by planting rdx upon the plaintiff and his relations. he was produced before the magistrate, tis ..... a false case was registered showing his arrest on 29th june 1999 from isbt and foisting false charges under the explosive substances act by planting rdx. these acts as complained of, if proved, by no stretch of imagination would be acts under the colour of duty if one has to apply the test laid down in the aforesaid judgments. at ..... or authority.'10. in state of maharashtra v. atma ram and ors. (supra), the apex court was concerned with similar provision, namely, section 64(b) of the bombay police act. the act complained of in that case was also beating of the complainant by the police officer and the court was again of the opinion that the protection .....
Tag this Judgment!Court : Delhi
Reported in : 127(2006)DLT213
..... respondent in appeal before the financial commissioner. appeal succeeded. vide order dated 20.8.1996 the learned financial commissioner held that in proceedings under sub-section 4 of section 74 of the act, the person admitted as asami and the gaon sabha alone were necessary parties. petitioner was held to be nobody. it was held that the ..... writ petition in reference to the annexure filed, relevance of the annexure should be brought out with clarity. in the present day scenario when there is docket explosion in courts, a little homework by lawyers helps to curtail court hearing. 2. i am concerned in the present writ petition with 4 bigha and 16 bids ..... respondent as asami. 9. the petitioner and first respondent went into litigation. unfortunately, none guided the petitioner that the appropriate remedy was to proceed under section 11 of the act and challenge the vesting order. he was guided on the alternative route. he was guided that if he continues to be in adverse cultivatory possession he .....
Tag this Judgment!Court : Delhi
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 .....
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