Court : Delhi
Decided on : Apr-29-2003
Reported in : 105(2003)DLT85; 2003(68)DRJ534; (2003)IIILLJ436Del; 2004(1)SLJ88(Delhi)
..... there was violation of the principles of natural justice. in the present case a detailed enquiry was held by the regional provident fund commissioner under section 7-a of the act. the petitioner was given all opportunities to adduce its evidence and also to make its contentions and submissions during the course of the aforesaid proceedings. ..... in the aforesaid decision of this court in 'glamours' - proprietors (supra), there was no enquiry held by the regional provident fund commissioner under section 7-a of the act. a bare reference to paragraph 7 of the said judgment delivered by the single judge would make the aforesaid position clear. it was held in the ..... of his submission, learned counsel appearing for the petitioner submitted that there is violation of the principles of natural justice in conducting the enquiry under section 7-a of the act inasmuch as the report submitted by the inspector was not given to the petitioner. in support of the aforesaid contention, the counsel relied upon .....
Tag this Judgment!Court : Delhi
Decided on : Apr-29-2003
Reported in : 2006(2)CTLJ99(Del); 111(2004)DLT424; 2004(77)DRJ347
..... bank guarantee of rs. 3.50 crores given by the petitioner. the petitioner challenged the validity of the invocation by way of petition under section 9 of the arbitration and conciliation act, 1966. as referred above vide order dated 25.10.1997, this court allowed the petition by holding that the same was not in ..... is manifest intention on the part of the party to seek adjudication of the dispute through arbitration, it is not entitled for injunction under section 9 of the act, mr. nayar placed reliance upon sundaram finance ltd. v. nepc india ltd., : [1999]1scr89 , wherein following observations were made:'when a party applies ..... under section 9 of the 1996 act, it is implicit that there is final and binding agreement in existence and it is also implicit that a dispute must have arisen which is referable to the arbitral tribunal as section 9 contemplates arbitration proceedings taking place between the parties and thereforee .....
Tag this Judgment!Court : Delhi
Decided on : Apr-28-2003
Reported in : 2003(2)ARBLR315(Delhi); 104(2003)DLT957; 2003(69)DRJ490; [2003]46SCL1(Delhi)
..... order attains finality as the petitioner did not file any appeal and thereforee the decision of the arbitrator in deciding the venue was not challengeable under section 20(2) of the act. section 20 provides as under:-20. 'place of arbitration-(1) the parties are free to agree on the place of arbitration.(2) failing any agreement ..... between the parties but transactions were also carried at new mangalore and there any dispute between the parties is liable to be instituted at madras.17. section 2(e) of the act defines the court where parties to arbitration agreement or any action against the award can initiate their remedy. it reads like this:-(e) 'court' means ..... before the division bench to the venue of arbitration proceedings or to the name of common arbitrator. both at the initial stage when the application under section 8 of the act was decided and again at the subsequent stage when arbitrator sought clarification from the division bench as to the objection raised by the petitioner it is .....
Tag this Judgment!Court : Delhi
Decided on : Apr-25-2003
Reported in : 2003(69)DRJ278
..... , is a part of the process of recruitment.'13. this court in nighalparveen (ms) case (supra) held that 'service matters' contained in section 3(q) of the administrative tribunals act is very wide. it includes incidental and ancillary matters like selection/short listing and interview etc. the relevant observation or the court is extracted as ..... from the words used in article 323-a of the constitution the parliament deliberately used the words 'recruitment' and 'matters concerning recruitment' in section 14 and 28 of the act so as to indicate that the tribunal shall have exclusive jurisdiction to deal with these matters and that the high court in view of the ..... tribunal related to matters concerning recruitment. clause (b) pertained to service matters. the expression 'service matter' is defined in section 2(q) of the act. the arrangement of the provisions of section 14 show that the disputes which the tribunal could adjudicate upon could arise before the appointment of a person as also after .....
Tag this Judgment!Court : Delhi
Decided on : Apr-24-2003
Reported in : 2003IIIAD(Delhi)683; 104(2003)DLT897; 2003(68)DRJ567; (2003)IIILLJ439Del
..... to proceed with the aforesaid proceeding and also to render its decision even though in the present petition an objection has been raised that the provision of section 7-a of the act is vocative of the provision of article 14 of the constitution of india. the aforesaid issue is no longer rest integra in view of the aforesaid full ..... a full bench of this court delivered a judgment in cwp no. 829/82 in which it was held in its judgment dated 29.1.2001 that section 7-a of the act is not vocative of the constitution of india merely because appeal is not provided from the order of the regional provident fund commissioner. by the aforesaid judgment ..... by the supreme court. it was submitted by filing the aforesaid synopsis of arguments that the regional provident fund commissioner could not have invoked the provisions of section 7-a of the act for holding an enquiry and issue notice under the said provisions to the petitioner as the said provision was held to be ultra virus to the constitution of .....
Tag this Judgment!Court : Delhi
Decided on : Apr-24-2003
Reported in : II(2003)ACC114; 2003ACJ1631; 2003IIIAD(Delhi)321; 104(2003)DLT234; 2003(68)DRJ128; 2003RLR333
..... after the coming into force of the commissioner of police system in delhi in 1978, the commissioner of police was notified as the licensing authority under the act. under section 10 of the act, license to be granted to a cinema hall can be either annual or temporary or casual. all cinemas in delhi are, thereforee, required to get their ..... breaker had been provided to control 1000 kva transformer of delhi vidyut board with the provision of over current and earth fault relays at the initial stage. an explosion vent pipe was provided to release gas pressure. it was submitted that since the relays at various sub-stations all over delhi were getting stolen, it was difficult ..... a view of not disturbing the show, the management of uphaar cinema has failed to take steps to lodge complaints expeditiously. on the one hand when the loud explosion took place, there was instant tripping in 0.3 seconds at the substation at aiims which cut off the electricity supply. on the other hand the management of .....
Tag this Judgment!Court : Delhi
Decided on : Apr-23-2003
Reported in : 2003VIAD(Delhi)205; 104(2003)DLT918; 2003(68)DRJ552; (2003)IIILLJ143Del
..... a probationer would also amount to retrenchment. admittedly the requirements of section 25-f of the disputes act had not been complied with in these cases. counsel for the appellant did not very appropriately dispute before us that the necessary consequence of ..... , it was held by the supreme court in paragraph 13 in the following manner:'once the conclusion is reached that retrenchment as defined in section 2(oo) of the disputes act covers every case of termination of service except those which have been embodied in the definition, discharge from employment or termination of service of ..... under any of the exceptions as were in existence at the relevant time of termination of services and that there was apparent violation of section 25f of the industrial disputes act. the aforesaid findings were challenged in this writ petition by the counsel for the petitioner contending, inter alia, that the management has the .....
Tag this Judgment!Court : Delhi
Decided on : Apr-23-2003
Reported in : (2004)89TTJ(Del)203
..... and pawan kumar jain.3. first of all we are taking up the appeal of smt. astha jain. while completing the assessment under section 158bc read with section 158bd of the act the assessing officer noted that assessed had filed return for the block period containing assessment year 1989-90 to 1998-99 and up to 22 ..... search case to the assessing officer having jurisdiction over the assessed. it is laid down in different cases that assessing officer cannot assume jurisdiction under section 158bd of the act merely on the basis of his specific satisfaction as a result of search conducted on ajanta group of cases and no valid proceedings could be initiated ..... where subhash chand along with family members resides. during search several incriminating documents, said to have been found and seized. it appears that proceedings under section 158a of the act were initiated in cases of all these assessed's as assessing officer issued separate notices to each of the assessed's calling upon them to file returns .....
Tag this Judgment!Court : Delhi
Decided on : Apr-23-2003
Reported in : 2003IIIAD(Delhi)561; 2003(68)DRJ795
..... the lease deed dated 23rd may, 1980 which is exhibit p-1; defendant no.2 was not even within the contemplation of these parties at that time. section 116 of the evidence act prescribes that 'no tenant of immovable property, or person claiming through such tenant, shall during the continuance of the tenancy, be permitted to deny that the ..... landlord could terminate the tenancy and institute the suit for eviction. the tenant in such a suit is estopped from questioning the title of the landlord under section 116 of the evidence act. the tenant cannot deny tht the landlord had title to the premises at the commencement of the tenancy. under the general law in a suit between ..... prima facie, that he has become co-landlord of the premises in question. it was a fit case where the order made by the additional rent controller under section 15(4) of the act should have been allowed to remain intact till the disposal of the eviction petition on merits.' 11. in ruby sales and services (p) ltd. and another .....
Tag this Judgment!Court : Delhi
Decided on : Apr-22-2003
Reported in : 2003IVAD(Delhi)537; III(2003)BC185; 105(2003)DLT724; 2003(69)DRJ369
..... where the court ought to take a more lenient approach in dealing with it. the division bench though dealing with the question of condensation of delay under section 5 of the limitation act laid down, ' a golden rule for reconciliation of these conflicting considerations would be to use the discretion with common sense. extreme positions of either not ..... the relevant documents and to arrange for the court fees without any particulars. the court in this case was concerned with the condensation of delay under section 5 of the limitation act. the court was also seized of how to reconcile the principles laid down by the supreme court, namely, the doctrine of equality before law demanding ..... the defect of not affixing the date of verification was not a material one to be taken note of. the court also held that in such cases section 5 of the limitation act had no application. there was no delay in presenting the objections in the first instance on time. the delay, if any, was in complying with .....
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