Array ( [0] => ..... contain any discussion of the nature of the work done by the petitioner and has solely proceeded on the nomenclature apart from not examining the impact of section 2(s) of the act. the entire discussion of the tribunal is contained in the following findings:-' it is an admitted case of the claimant that he was working as ..... incidentally or only a small fraction of working time is devoted to some supervisory works, the employee will come within the purview of 'workmen' as defined in section 2(s) of the industrial disputes act. '4. the position of law laid down in ananda bazar patrika (pvt. ) ltd. vs . the workmen : (1969)iillj670sc is as follows:-' the question, ..... sahu company limited and others reported as 1994 scc (l&s;) 776 wherein it was held:-'whether or not an employee is a workman under section 2(s) of the industrial disputes act is required to be determined with reference to his principal nature of duties and functions. such question is required to be determined with reference to ..... [1] => ..... on 1st of april, 2000, the family settlement (annexure p-1) or disclaimer agreement could not be taken as 'instrument of partition' as contemplated under section 2(15) of the act. the partition decree that was passed in the suit simply took note of an existing fact of partition in pursuance of compromise between the parties and it did ..... in severalty, a final order for effecting a partition passed by any civil court is also covered within the purview of 'instrument of partition' as defined in section 2(15) of the act. in view of the recital in 'family settlement' (annexure p-1) and the disclaimer agreement dated 15th of may, 2000, an oral partition of the properties ..... a bond (no.15) for the amount of the value of the separated share or shares of the property. an 'instrument of partition' is defined under section 2 (15) of the act and it reads thus : 'instrument of partition' means any instrument whereby co-owners of any property divide or agree to divide such property in severalty, and ..... [2] => ..... . the facts, relevant for the disposal of the above mentioned petitions lie in a narrow compass. the respondents, in the above mentioned petitions, had filed separate complaints under section 12 of the act before the district forum alleging deficiency in service on the part of the petitioner. the complaints, so filed by the respondents, were allowed by the district forum. since the ..... hassan khan v. sheo baksh singh, (1884) ii ind. app. 237 (pc), and in case balakrishna udayar v. vasudeva aiyar, air 1917 pc 71, the honble supreme court quoted what the privy council had stated in case n.s. venkatagiri ayyangar v. hindu religious endowments board, madras, air 1949 pc 156. it was held that section 115 empowers the high court to ..... [3] => ..... the scrutinizers, no objection can be raised against his appointment as a scrutinizer. in the present case there is no violation of the provision of section 184 of the companies act. 19. the next allegation raised is that no debate and discussion took place during the course of meeting of the shareholders. the chairperson has ..... regard to the appointment of scrutinizers. it was contended that both the scrutinizers are the employees of the company which violated the provisions of section 184 of the companies act. the said provision contemplates that one of the two scrutinizers appointed by the chairperson should be the member and not an officer or an ..... matter and, thereforee, needs scrutiny by this court. 9. the aforesaid objection was sought to be substantiated by stating that statutory requirement of section 391(1)(a) of the companies act was not disclosed in the explanatory statement submitted with the notice. it is an admitted position that an explanatory statement was submitted by the ..... [4] => ..... maharashtra's case (supra) relied upon by the learned counsel for the respondents. in that decision, as indicated in paragraph 4 thereof, sub-section (1) of section 207 of the act came up for interpretation, though on a different aspect. on behalf of the state of maharashtra, it was contended that violation of any condition ..... requires for its support an additional substitution of words or which results in rejection of words as meaningless has to be avoided.' 16. clearly, section 207 of the said act must be construed in such a manner which does not result in the rejection of words as meaningless. if the interpretation advanced by the learned ..... ors to show that, in identical circumstances, the punjab and haryana high court had restrained the competent authorities from detaining, seizing or impounding vehicles under section 207(1) of the act till rules were published and enforced.6. ms avnish ahlawat, the learned counsel for the respondents, while admitting that no rules as such have been ..... [5] => ..... in writing. the notice, according to him, was a condition precedent for any adjudication and/or imposition of a penalty. if the notice as contemplated in section 4l of the said act was not given, there could be no adjudication and, consequently, no imposition of penalty. he further submitted that the notice was not just any ordinary notice ..... was at all sent to the petitioner and whether the adjudicating authority discharged its mandatory obligation of sending a notice to the petitioner in terms of section 4l of the said act. i find that the latter has not been done. the adjudicating authority ought to have specifically sent a notice to the petitioner. this notice ought ..... the appeal would not alter the situation. the proceedings against him were void ab initio. had the petitioner been issued a notice in terms of section 4l of the said act, he could have represented against the imposition of such penalty. he could have placed on record various facts and circumstances to show that no offence ..... [6] => ..... in the course of ordinary business of insurance. learned counsel appearing on behalf of the respondents also referred to various provisions of the insurance act, 1938 and in particular section 64u, 64uc and 64va to show that the premium payable in respect of an insurance policy was not an arbitrarily arrived at figure and secondly ..... prescribed under the redressal of public grievance rules, 1998 which have been framed by the central government in exercise of the powers conferred by section 114(1) of the insurance act, 1938. the insurance ombudsman is empowered to receive and consider inter alias complaints regarding delay/disputes qua settlement of claims. the insurance ..... insurance company is also required to maintain a solvency margin inter alias based on the concept of net incurred claims which, in view of the provisions of section 64va(1a)(ii) explanationn (ii), refers to the average of the net incurred claims during the specified period not exceeding three preceding financial years. it ..... [7] => ..... second circular'). the relevant portion of the first circular is as under:'this is regarding treatment of various publications which are registered newspapers in terms of section 9 of the ipo act when advertisement sheets are inserted in them.it has been observed in a few cases that such registered newspapers have pages containing advertisements which are not numbered ..... such pages may result in enquiries being made as to what was contained on those pages which the readers would be missing.the provisions of section 9 of the indian post office act, 1898 further require that the contents of the magazine should be wholly or for the greater part, consisting of political or other news. ..... in which it is enclosed is received.' 10. this clause 139, in essence, is an extension of what is provided in section 9 of the indian post office act, 1898. section 9 of the said post office act, 1898 reads as under:'9. power to make rules as to registered newspaper.--(1) the [a substituted for the words ' ..... [8] => ..... have been allowed because the seminars were conducted for the assessee's employees only, therefore, it cannot be treated as entertainment expenses for the purpose of section 37(2a) of the act. in support of his contention, he relied upon the following judgements:- 30. the dr, on the other hand, has submitted that in tax audit ..... he further contended that provisions of section 43b(d) of the act are not attracted since the interest is payable to the govt. of india. which operates and controls sugar development fund and not to any financial ..... basis of which profits or gains are computed under the head profits and gains of business and profession. having regard to this definition of paid in section 43(2) of the act, deduction has to be allowed in respect of interest accrued even though not due whether the mercantile basis of accounting is followed by the assessee. ..... [9] => ..... or processing of goods. she, further, submitted that the decisions in the case of visveswarayya iron & steel limited and birla jute & industries limited were under the provisions of income tax act regarding allowing investment allowance.definition of capital goods as given in rule 57q is different and has to be interpreted accordingly.5.3 railway track material does not fall within ..... karnataka high court in the case cited by the learned advocate was considering the income tax act provisions for investment allowance under section 32a(1) of the income tax act. those decisions are not applicable as the word plant has been differently defined in the income tax act as it includes vehicle also among other things used for the purpose of business or profession ..... ) Explosives Act 1884 Section 4 Definitions - Sortby Recent - Court Delhi - Year 2003 - Page 14 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: delhi Year: 2003 Page 14 of about 294 results (0.051 seconds)

Jul 16 2003 (HC)

Mr. Yogender Kumar Vs. B.R. Kohli and Co. and ors.

Court : Delhi

Decided on : Jul-16-2003

Reported in : 2003VIAD(Delhi)137; 106(2003)DLT232; 2003(71)DRJ587

..... contain any discussion of the nature of the work done by the petitioner and has solely proceeded on the nomenclature apart from not examining the impact of section 2(s) of the act. the entire discussion of the tribunal is contained in the following findings:-' it is an admitted case of the claimant that he was working as ..... incidentally or only a small fraction of working time is devoted to some supervisory works, the employee will come within the purview of 'workmen' as defined in section 2(s) of the industrial disputes act. '4. the position of law laid down in ananda bazar patrika (pvt. ) ltd. vs . the workmen : (1969)iillj670sc is as follows:-' the question, ..... sahu company limited and others reported as 1994 scc (l&s;) 776 wherein it was held:-'whether or not an employee is a workman under section 2(s) of the industrial disputes act is required to be determined with reference to his principal nature of duties and functions. such question is required to be determined with reference to .....

Tag this Judgment!
Jul 11 2003 (HC)

Shri Rajinder Kumar Vs. Shri Iqbal Singh and ors.

Court : Delhi

Decided on : Jul-11-2003

Reported in : 2003VAD(Delhi)469; AIR2003Delhi441; 2003(69)DRJ622

..... on 1st of april, 2000, the family settlement (annexure p-1) or disclaimer agreement could not be taken as 'instrument of partition' as contemplated under section 2(15) of the act. the partition decree that was passed in the suit simply took note of an existing fact of partition in pursuance of compromise between the parties and it did ..... in severalty, a final order for effecting a partition passed by any civil court is also covered within the purview of 'instrument of partition' as defined in section 2(15) of the act. in view of the recital in 'family settlement' (annexure p-1) and the disclaimer agreement dated 15th of may, 2000, an oral partition of the properties ..... a bond (no.15) for the amount of the value of the separated share or shares of the property. an 'instrument of partition' is defined under section 2 (15) of the act and it reads thus : 'instrument of partition' means any instrument whereby co-owners of any property divide or agree to divide such property in severalty, and .....

Tag this Judgment!
Jul 10 2003 (TRI)

Darshan Khurana Vs. Smt. Pushpa Lata and Others

Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

Decided on : Jul-10-2003

..... . the facts, relevant for the disposal of the above mentioned petitions lie in a narrow compass. the respondents, in the above mentioned petitions, had filed separate complaints under section 12 of the act before the district forum alleging deficiency in service on the part of the petitioner. the complaints, so filed by the respondents, were allowed by the district forum. since the ..... hassan khan v. sheo baksh singh, (1884) ii ind. app. 237 (pc), and in case balakrishna udayar v. vasudeva aiyar, air 1917 pc 71, the honble supreme court quoted what the privy council had stated in case n.s. venkatagiri ayyangar v. hindu religious endowments board, madras, air 1949 pc 156. it was held that section 115 empowers the high court to .....

Tag this Judgment!
Jul 08 2003 (HC)

In Re: Hcl Infosystems Limited,

Court : Delhi

Decided on : Jul-08-2003

Reported in : [2004]121CompCas861(Delhi); 106(2003)DLT274; 2004(75)DRJ699; [2003]46SCL365(Delhi)

..... the scrutinizers, no objection can be raised against his appointment as a scrutinizer. in the present case there is no violation of the provision of section 184 of the companies act. 19. the next allegation raised is that no debate and discussion took place during the course of meeting of the shareholders. the chairperson has ..... regard to the appointment of scrutinizers. it was contended that both the scrutinizers are the employees of the company which violated the provisions of section 184 of the companies act. the said provision contemplates that one of the two scrutinizers appointed by the chairperson should be the member and not an officer or an ..... matter and, thereforee, needs scrutiny by this court. 9. the aforesaid objection was sought to be substantiated by stating that statutory requirement of section 391(1)(a) of the companies act was not disclosed in the explanatory statement submitted with the notice. it is an admitted position that an explanatory statement was submitted by the .....

Tag this Judgment!
Jul 07 2003 (HC)

Sreenath Travel Agency and anr. Vs. Lt. Governor of Delhi and ors.

Court : Delhi

Decided on : Jul-07-2003

Reported in : 2003VIAD(Delhi)457; AIR2004Delhi1; 106(2003)DLT623; 2003(71)DRJ363

..... maharashtra's case (supra) relied upon by the learned counsel for the respondents. in that decision, as indicated in paragraph 4 thereof, sub-section (1) of section 207 of the act came up for interpretation, though on a different aspect. on behalf of the state of maharashtra, it was contended that violation of any condition ..... requires for its support an additional substitution of words or which results in rejection of words as meaningless has to be avoided.' 16. clearly, section 207 of the said act must be construed in such a manner which does not result in the rejection of words as meaningless. if the interpretation advanced by the learned ..... ors to show that, in identical circumstances, the punjab and haryana high court had restrained the competent authorities from detaining, seizing or impounding vehicles under section 207(1) of the act till rules were published and enforced.6. ms avnish ahlawat, the learned counsel for the respondents, while admitting that no rules as such have been .....

Tag this Judgment!
Jul 07 2003 (HC)

L.P. Desai Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Jul-07-2003

Reported in : 108(2003)DLT334; 2003(71)DRJ553; 2004(92)ECC109; 2004(165)ELT151(Del)

..... in writing. the notice, according to him, was a condition precedent for any adjudication and/or imposition of a penalty. if the notice as contemplated in section 4l of the said act was not given, there could be no adjudication and, consequently, no imposition of penalty. he further submitted that the notice was not just any ordinary notice ..... was at all sent to the petitioner and whether the adjudicating authority discharged its mandatory obligation of sending a notice to the petitioner in terms of section 4l of the said act. i find that the latter has not been done. the adjudicating authority ought to have specifically sent a notice to the petitioner. this notice ought ..... the appeal would not alter the situation. the proceedings against him were void ab initio. had the petitioner been issued a notice in terms of section 4l of the said act, he could have represented against the imposition of such penalty. he could have placed on record various facts and circumstances to show that no offence .....

Tag this Judgment!
Jul 07 2003 (HC)

Ashok Kumar Dhingra and ors. Vs. the Oriental Insurance Company Limite ...

Court : Delhi

Decided on : Jul-07-2003

Reported in : AIR2004Delhi161; 2003(70)DRJ470

..... in the course of ordinary business of insurance. learned counsel appearing on behalf of the respondents also referred to various provisions of the insurance act, 1938 and in particular section 64u, 64uc and 64va to show that the premium payable in respect of an insurance policy was not an arbitrarily arrived at figure and secondly ..... prescribed under the redressal of public grievance rules, 1998 which have been framed by the central government in exercise of the powers conferred by section 114(1) of the insurance act, 1938. the insurance ombudsman is empowered to receive and consider inter alias complaints regarding delay/disputes qua settlement of claims. the insurance ..... insurance company is also required to maintain a solvency margin inter alias based on the concept of net incurred claims which, in view of the provisions of section 64va(1a)(ii) explanationn (ii), refers to the average of the net incurred claims during the specified period not exceeding three preceding financial years. it .....

Tag this Judgment!
Jul 07 2003 (HC)

Competition Success Review Vs. Union of India (Uoi) and anr.

Court : Delhi

Decided on : Jul-07-2003

Reported in : 2003VIIIAD(Delhi)442; 106(2003)DLT469; 2003(70)DRJ690

..... second circular'). the relevant portion of the first circular is as under:'this is regarding treatment of various publications which are registered newspapers in terms of section 9 of the ipo act when advertisement sheets are inserted in them.it has been observed in a few cases that such registered newspapers have pages containing advertisements which are not numbered ..... such pages may result in enquiries being made as to what was contained on those pages which the readers would be missing.the provisions of section 9 of the indian post office act, 1898 further require that the contents of the magazine should be wholly or for the greater part, consisting of political or other news. ..... in which it is enclosed is received.' 10. this clause 139, in essence, is an extension of what is provided in section 9 of the indian post office act, 1898. section 9 of the said post office act, 1898 reads as under:'9. power to make rules as to registered newspaper.--(1) the [a substituted for the words ' .....

Tag this Judgment!
Jul 05 2003 (TRI)

The Triveni Engg. Works Ltd. Vs. Dy. Commissioner of Income Tax,

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Jul-05-2003

..... have been allowed because the seminars were conducted for the assessee's employees only, therefore, it cannot be treated as entertainment expenses for the purpose of section 37(2a) of the act. in support of his contention, he relied upon the following judgements:- 30. the dr, on the other hand, has submitted that in tax audit ..... he further contended that provisions of section 43b(d) of the act are not attracted since the interest is payable to the govt. of india. which operates and controls sugar development fund and not to any financial ..... basis of which profits or gains are computed under the head profits and gains of business and profession. having regard to this definition of paid in section 43(2) of the act, deduction has to be allowed in respect of interest accrued even though not due whether the mercantile basis of accounting is followed by the assessee. .....

Tag this Judgment!
Jul 04 2003 (TRI)

Aditya Cement Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : Jul-04-2003

Reported in : (2003)(89)ECC650

..... or processing of goods. she, further, submitted that the decisions in the case of visveswarayya iron & steel limited and birla jute & industries limited were under the provisions of income tax act regarding allowing investment allowance.definition of capital goods as given in rule 57q is different and has to be interpreted accordingly.5.3 railway track material does not fall within ..... karnataka high court in the case cited by the learned advocate was considering the income tax act provisions for investment allowance under section 32a(1) of the income tax act. those decisions are not applicable as the word plant has been differently defined in the income tax act as it includes vehicle also among other things used for the purpose of business or profession .....

Tag this Judgment!




Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //