Court : Allahabad
Decided on : Jan-12-2006
Reported in : 2006(3)AWC2641
..... given an opportunity to file her objection against the order declaring the premises to be vacant. therefore, no prejudice has been caused to her.16. the requirements of section 16 of the act no. xiii of 1972 and rule 8 is that the person in actual occupation of the building, may be given an opportunity to show to the authorities concerned ..... prayer has been made to issue a writ of certiorari quashing the aforesaid orders.2. the landlord-opposite party no. 3 moved an application under section 12 read with section 16 of the u.p. act no. xiii of 1972 in 1996 impleading one ram gopal. it was alleged that after the death of the original tenant lalla and his widow ram ..... city magistrate in his impugned order dated 26.5.2000 has observed that : 'the petitioner did not come within the definition of word family as contained in section 3(g) of the u.p. act no. xiii of 1972 ; photo copies of the documents filed by the petitioner are not admissible ; they are not supported by any affidavit, while the .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-12-2006
Reported in : 2006(198)ELT169(Guj); 2008[9]STR426
..... appeal or appeals as ordered by the president on the administrative side. this becomes clear from a conjoint reading of sub-sections (1) and (4) of section 129c of the act. sub-section (5) of section 129c of the act stands out in contrast and does not permit disposal of the appeal. in fact, after the president or the third ..... the original bench. before the third member took up the hearing, the petitioners moved an application seeking rectification of mistake on 29/9/2005 under section 129b(2) of the act. while the application for rectification was pending, the reference came up for hearing before the third member on 10/10/2005. the petitioner requested for ..... by the petitioners while member (technical) rejected the appeal. thereupon both of them made reference stated to be in terms of provisions of section 129c(5) of the customs act, 1961 (the act). the order making the so called reference reads as under:the following difference of opinion is placed before the hon'ble president for reference .....
Tag this Judgment!Court : Delhi
Decided on : Jan-12-2006
Reported in : 2006(1)ARBLR321(Delhi)
..... the merits of the disputes arising between the parties from the main contract. 23. both the omp nos. 216/2005 and 217/2005 under section 9 of the arbitration & conciliation act are disposed of with an order of restraint against the respondent bank not to encash bank guarantees as specified in annexure p-17 of omp 216 ..... court and contended that the court at shimla, himachal pradesh have jurisdiction to entertain and decide the present petition keeping in view the provisions of section 42 of the arbitration and conciliation act, 1996. 11. according to the petitioner the respondent had challenged the award dated 17th january, 2002 in respect of other disputes arising between the ..... equities is made out either in that judgment or in the present case. such a determination is beyond the limited jurisdiction of the court under section 9 of the arbitration and conciliation act.2. as far as the first and the last submissions made on behalf of the respondent are concerned, it is not for this court .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-12-2006
Reported in : AIR2006SC871; 2006(1)ARBLR171(SC); [2006]131CompCas805(SC); 126(2006)DLT437(SC); JT2006(1)SC262; 2006(1)SCALE218; (2006)1SCC751
..... the way of either bindal or kgk subsequently pointing out that there was no arbitration agreement, when they examined the legal position or when an application under section 3 of foreign awards act was filed. 44. in u.p. rajkiya nirman nigam ltd. vs. indure pvt. ltd. [1996 (2) scc 667] negativing a contention based ..... arbitrator will not come in the way of their demonstrating that there is no arbitration agreement when the matter comes up before the court under section 3 of the foreign awards act. therefore, there is no question of either waiver or acquiescence. conclusion 45. we, therefore, do not find any reason to interfere with ..... of the learned single judge of the high court that there was no arbitration agreement and consequently, upheld the rejection of the applications under section 3 of the foreign awards act. the division bench while affirming the temporary injunction granted by the learned single judge restraining dr from proceeding with the arbitration, deleted the requirement .....
Tag this Judgment!Court : Delhi
Decided on : Jan-12-2006
Reported in : 2006(87)DRJ401
..... purshottam dass and anr v. hari narian and ors. : [1978]113itr389(delhi) while accepting the right of the plaintiff to value its suits contemplated under section 7(iv) of the act but obviously subject to the limitation stated therein, it was further held that the question has to be determined on the basis of the allegations made in the ..... the plaintiff is obliged to value the suit for the purposes of court fee and jurisdiction identically except for the exceptions provided under section 7 of the court fees act, 1870. according to the plaintiff, in terms of section 7(iv)(d), it has stated the amount at which it has valued the reliefs sought. the prayed relief is that of ..... it fix the value of suit for the purposes of payment of court fee at rs.200/- is the basic question?10. section 7 of the court fees act, 1870 provides for computation of fees payable in suits. under section 7(iv)(d), to obtain an injunction, the plaintiff shall state the amount at which relief sought is valued and under .....
Tag this Judgment!Court : Delhi
Decided on : Jan-12-2006
Reported in : 128(2006)DLT633; 2006(87)DRJ489
..... mahant purshottam dass and anr v. hari narian and ors. : [1978]113itr389(delhi) while accepting the right of the plaintiff to value its suits contemplated under section 7(iv) of the act but obviously subject to the limitation stated therein, it was further held that the question has to be determined on the basis of the allegations made in the ..... upon correct rendition of accounts by the defendants. there is no arbitrariness and the plaintiff's claim would be covered under rule 4, the provisions of section 7(4) of the court fee act and the exception to the rule of the suit being valued identically for the purposes of court fee and jurisdiction. the principle of law cited on ..... non-payment of proper court fee; that the plaintiff has no locus standi to file the suit for partition and that the suit is already barred under section 23 of the hindu marriage act. 3. on merits, it is stated that some of the properties, as mentioned in paragraph 5 were even purchased after the death of the deceased and .....
Tag this Judgment!Court : Delhi
Decided on : Jan-12-2006
Reported in : 128(2006)DLT10; 2006(87)DRJ430
..... in harshkumar's case(supra), where the court held as under:-2. learned advocate, appearing in support of the application, strongly replied upon the language of section 10 of the contempt of court act, nd, on that basis, argued that he has a right to pray that the matter be dealt with in contempt jurisdiction of this court, although the ..... adequate and enough remedy and it may not be necessary for the high court to interfere in each and every case under the provisions of section 2(b) read with section 10 of the contempt of courts act, 1971. in rudraiah's case (supra), the court held as under:-.the provision there under is obviously based on the principle of contempt ..... rule 2a of the code. as such, it would always be appropriate to try both of them together rather than instituting an independent proceeding under sections 10 and 11 of the contempt of courts act, 1971 or article 215 of the constitution of india before the high court. in the present case, the petition besides being vague, has not .....
Tag this Judgment!Court : Delhi
Decided on : Jan-12-2006
Reported in : AIR2007Delhi16; 2006(1)ARBLR482(Delhi); IV(2006)BC62; 129(2006)DLT547; 2006(87)DRJ712
..... paid their dues without any problem. another preliminary objection was taken by the respondent that there is no arbitration agreement in writing between the parties as such provisions of section 9 of the act cannot be invoked. 7. before merits of these contentions are discussed, the court may refer to a recent judgment of this court in the case of hindustan construction ..... to invocation of the two bank guarantees afore-referred. the petitioner claims to have invoked the arbitration agreement between the parties and has filed the present petition under section 9 of the arbitration & conciliation act wherein the petitioner prays for the following reliefs.a. restrain the respondent no. 1 from invoking/asking for extension of bank guarantees bearing nos: 16/03-04 .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-12-2006
Reported in : 2006(4)AWC3374
..... the last 12 to 15 years. the petitioner filed suit no. 1162 of 1998 in the court of additional district magistrate under section 229b and 209 of the u.p. zamindari abolition and land reforms act (hereinafter referred to as the act).3. notices were issued and the concerned opposite party no. 4 entered into compromise and as such the suit was decided .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-12-2006
Reported in : (2006)2GLR1194
..... jurisdiction, power and authority to reach a finding of fact or conclusion. but that finding must be based on some evidence. neither the technical rules of evidence act nor of proof of fact or evidence as defined therein, apply to disciplinary proceeding. when the authority accepts that evidence and conclusion receives support therefrom, the disciplinary ..... authority is entitled to hold that the delinquent officer is guilty of the charge. the court/tribunal in its power of judicial review does not act as appellate authority to reappreciate the evidence and to arrive at the own independent findings on the evidence. the court/tribunal may interfere where the authority held ..... explanation of the respondent that rs. 40/- in the form of rs. 20 notes might have slipped away was not accepted and was attributed to be a negligent act on his part by the appellate authority. similarly, there is not an iota of evidence of misappropriation of rs. 40/- by the respondent, when the train was .....
Tag this Judgment!