Court : Punjab and Haryana
Decided on : Jan-15-2003
Reported in : (2003)133PLR744
..... against the respondents-tenants as well as sub-tenants, was set aside.2. the brief facts of this case are that the petitioner filed a petition under section 13 of the act for ejectment of the respondents from the shop in question which is part of property no. 1443 situated in baha bazar jalalabad on the grounds of non-payment ..... of the integrated larger building has become unsafe and unfit for human habitation, the tenant can be ejected from the demised premises forming part thereof under section 13(3)(1)(iii) of the act despite the fact that the particular portion in his occupation may not be unfit and unsafe.11. keeping in view the aforesaid law, in the present ..... effect as to whether a tenant of the demised premises which are an integral part of a larger building, can be ejected under the provisions of section 13(3)(a)(iii) of the act on the ground of the building having become unsafe and unfit for human habitation despite the fact that the particular portion in the occupation of the .....
Tag this Judgment!Court : Jharkhand
Decided on : Jan-15-2003
Reported in : [2003(2)JCR80(Jhr)]
..... . we leave this interpretation open but within observation that if at all the respondent thinks or feels that in the facts and circumstances of this case section 82 of the act is attracted, it shall be open to it to invoke this provision and make appropriate representation to the central government. if this is done we leave ..... as a 'mine', because, according to the respondent, it thought that the establishment does not come within the definition of a 'factory' as occurring in section 3 of the factories act. the purpose of making this query from mr. banerjee was to elicit the real intention and motive of respondent by, first seeking the aforesaid clarification and later ..... have filed the present appeal under clause 10 of the letters patent.4. in course of the judgment the learned single judge made a reference to section 82 of the mines act, 1952 by observing that if the respondents in the writ application disputed the installation or construction of the power station as not being covered by the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-15-2003
Reported in : (2003)133PLR482
..... maintainable.6. the respondent filed an appeal against the aforesaid order. during the pendency of the appeal, the respondent filed an application to withdraw the original application under sections 10 and 12 of the act, on the ground that since it has been held that the application was maintainable, it had become infructuous. this application was allowed by the appellate authority by ..... s.s. nijjar, j.1. the respondent herein, had filed an application under sections 10 and 12 of the east punjab urban rent restriction act, 1949 (hereinafter referred to as 'the act'), for directing the respondents, in the main petition, for making necessary repairs of the demised premises fully detailed in the head-note of the plaint or in the alternative, the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-15-2003
Reported in : (2003)IILLJ763P& H; (2003)134PLR134b
..... inasmuch as, the labour court has failed to consider the pivotal issue raised by the petitioner, i.e., non compliance of the mandatory provisions contained in section 25-f of the act. the petitioner had not only pleaded before the labour court, but had also proved the fact that his service was terminated without giving notice and retrenchment compensation ..... dated 7.8.1980 apparently because a first information report was registered against him on 1.8.1980 at police station, zira under section 7 of the essential commodities act, 1955 read with sections 468/406 of the indian penal code with the allegation that he had sold five bags of pulses in black-market to one shri ..... consequently, he shall be entitled to be reinstated in service with all benefits except back wages for which he shall be free to file application under section 33-c(2) of the act. the last mentioned direction is being given in view of the law laid down by the supreme court in managing director, u.p. warehousing corporation .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-15-2003
Reported in : 2003(3)BomCR781
..... summary manner, both the defendants are entitled to unconditional leave to defend the suit. the learned counsel appearing for the plaintiff relies on the provisions of section 19 of the indian contract act and following judgments:-i. judgment of the allahabad high court in the case of gaya prasad and others v. babu ram and another : air1928all387 ; ..... payment made by the drawer will not extend the period of limitation as against the acceptor.4. now, the relevant provisions are section 19, and sub-section (2) of section 20 of the limitation act. they read as under:-19. effect of payment on account of debt or of interest on legacy.-where payment on account of a ..... period of limitation gives a fresh period of limitation. perusal of the provisions of sub-section (2) of section 20 of the limitation act shows that the purpose of the provisions is to explain what is contained in section 19 and sub-section (2) of section 20 in terms lays down that if one of the several persons liable makes payment, .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-15-2003
Reported in : (2003)133PLR487
..... rent controller came to the conclusion that the petitioner-tenant is liable to be evicted from the demises premises in view of the provisions of section 13(2) of the haryana urban (control of rent and eviction) act, 1973.5. the appeal filed by the petitioner met the same fate. the findings of fact recorded by the learned rent controller have been ..... the chobara for residential purposes. however, the respondent has been keeping the demised premises closed for a period of last more than three years continuously without any sufficient cause. this act of the respondent has materially impaired the value and utility of the demised premises. 2. as a result of closure of the demised premises, the neighbouring shop-keepers and passers .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-15-2003
Reported in : AIR2003SC986; 2003(85)ECC696; 2003(152)ELT3(SC); JT2003(1)SC428; 2003(1)SCALE340; (2003)2SCC371; [2003]1SCR372
..... including alcoholic liquors for human consumption;(b) opium, indian hemp and other narcotic drugs and narcotics; and(c) dutiable goods as defined in section 2(c) of the medicinal and toilet preparations (excise duties) act, 1955 (16 of 1955).twelve per cent ad valoremexplanation: - for the purposes of this item, goods which are referred to in any ..... in two or more of the headings of those chapters is to be classified under that heading which corresponds to the principal use of that part of accessory.'26. section xvii deals with vehicles, aircraft, vessels and associated transport equipment. note 2 says that the expression 'parts' and 'parts and accessories' do not apply to the ..... articles mentioned in clauses (a) to (1) thereunder. in clause (b), parts of general use as defined in note 2 to section xv, of base metal (section xv), or similar goods of plastics (chapter 39), are mentioned. this takes us to note 2(a) to chapter xv, which provides that throughout that schedule .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-15-2003
Reported in : (2003)2CALLT78(HC),(2003)IIILLJ691Cal
..... 'workmen'. the teachers employed by educational institutions for imparting primary, secondary, graduate or postgraduate 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 work or ..... industry, should be treated as 'workmen'. but this can be only if the statutory definition permits it. 5. from the definition of 'workmen' under section 2(s) of the industrial disputes act, 1947 i find that it does not include any person attached to the service of air-force, army or navy, in the police service, managerial ..... of teaching. it is not possible to accept the suggestion that having regard to the object of the act, all employees in an industry except those falling under the four exceptions (i) to (iv) in section 2(s) of the act should be treated as 'workmen' as it will render the words 'to do any skilled or unskilled .....
Tag this Judgment!Court : Delhi
Decided on : Jan-15-2003
Reported in : 1(2003)ACC282; I(2003)ACC282; 2004ACJ2145; 2003IIAD(Delhi)37; 102(2003)DLT828
..... the amount of dependency of the claimants.12. now, the question of applying appropriate multiplier is required to be considered. seeing the schedule appended to the motor vehicles act, it is apparent that the claimants should have been allowed multiplier of 11 years. it is evident that the deceased was 54 years of age and the average age ..... was awarded. the age of the deceased was 54 years and obviously ages of the claimants would be much less. according to the schedule ii of the motor vehicles act, 11 years' multiplier should have been applied.6. learned counsel appearing on behalf of the injured smt. santosh dhingra submits that awarding a sum of rs.29,000/- ..... by the driver of the state, was carrying a serious patient from muzaffar nagar, who was to be taken to aiims and under the rules of the motor vehicles act it has got preferable right of passage as compared to other vehicles. consequently, the deceased himself had contributed to the accident.4. on the other hand learned counsel .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-15-2003
Reported in : [2004]121CompCas468(MP); (2003)3CompLJ322(MP); [2004]51SCL119(MP)
..... filed against one company and, secondly, it is for seeking winding up of respondent company (hereinafter referred to as 'company').2. this petition is filed under section 433(e) of the companies act seeking winding up of company on the allegations that it (company) has failed to pay the money. in other words, the winding up of company is ..... sought on the ground that company is deemed unable to repay the debt of petitioner as per section 433(e) of the companies act. the petitioner has then in petition set out the details of the amount paid to company which according to petitioner remains outstanding giving them the cause ..... of action to serve a statutory notice to the company under section 434 of the act and then filing this company petition under section 433(e) of the act seeking its winding up.3. it is not in dispute as is clear from the record that the company has on .....
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