Court : Delhi
Decided on : Apr-22-2003
Reported in : 2003IVAD(Delhi)431; 104(2003)DLT851; 2003(68)DRJ528; (2003)IIILLJ61Del
..... in kamal kumar v. j.p.s. malik, p.o., labour court and ors., : 73(1998)dlt812 . in the said decision it was held that although section 2(s) of the act uses the expression 'apprentice', but merely using the word 'apprentice' within the definition of 'workman' would not confer a right on a trainee to be called a ' ..... in that view of the matter, i hold that the respondent no. 2 would not come within the ambit of the expression 'workman' as defined under section 2(s) of the industrial disputes act and, thereforee, the findings and the conclusions arrived at by the industrial tribunal are illegal and void and the same are hereby set aside. 8. having ..... in view of the nature of the engagement of the respondent no. 2 he could be deemed to be a workman as envisaged under clause (s) of section 2 of the industrial disputes act which defines the clause 'workman'. the aforesaid conclusion and the findings of the industrial tribunal is challenged before me. 6. similar contention of the petitioner that .....
Tag this Judgment!Court : Delhi
Decided on : Apr-21-2003
Reported in : III(2003)BC27; [2003]116CompCas291(Delhi); (2003)3CompLJ494(Del); 105(2003)DLT37; 2003(68)DRJ745; [2003]44SCL718(Delhi)
..... the decision of the hon'ble supreme court in patheja bors. case (supra) and i would presume that it would fall in the genre envisaged in section 126 of the contract act, 1872. this section states that 'a 'contract of guarantee' is a contract to perform the promise, or discharge the liability, of a third person in case of his ..... is enabled to collect after the date of the sanctioned scheme legitimately belonging to the revenue, cannot be and could not have been intended to be covered within section 22 of the act'. the judgments in shree vallabh glass works (supra) as well as corromandal's case (supra) were reflected upon in tata davy limited v. state of ..... `the like' as it could not have conceived of all possible coercive measures that may be taken against a sick undertaking. the action contemplated by section 29 of the 1951 act is undoubtedly a coercive measure directed at the take over of the management and property of the industrial concern and confers a further right on the financial .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Apr-21-2003
Reported in : (2003)86ITD421(Delhi)
..... learned counsel was that in view of the ratio of this judgment the amount received by the assessee is not accessible to tax and the provisions of section 10(3) of the it act were wrongly invoked. another judgment of which the reliance was placed by the learned senior counsel was that the one in the case of parimisetti seetharamamma v ..... amount received is as compensation and not accessible to tax. the learned counsel submitted that the authorities below were wrong in bringing this amount to tax under section 10(3) of the it act.22. in support of his contention, the learned senior counsel during the course of hearing relied upon the judgment of the delhi high court in the case ..... amount has not taken as capital receipt then the authorities below were right in bringing to tax the amount received by the assessee within the provisions of section 10(3) of the it act.19. some legal precedents were cited on both sides with which we shall deal with a little later but let us examine as to whether the .....
Tag this Judgment!Court : Delhi
Decided on : Apr-10-2003
Reported in : 105(2003)DLT605; 2003(71)DRJ709; 2003(89)ECC412; 2004(167)ELT270(Del)
..... make orders and announce export and import policy. exim policy 1997-2002 has been announced by the central government in exercise of powers contained in section 3 of the act. section 7 of the act stipulates that no person shall make any import of export under ie code no. granted by the dgft or the officer authorised by the ..... director general or the licensing authority has to do so for good and sufficient reasons to be recorded in writing. (f) not only this, sub-section (5) of section 9 of the act provides for remedy of appeal against an order refusing to grant, or renew or suspending or cancelling a license. 14. coming to the nature of advice ..... provides that no export or import shall be made by any person without an importer-exporter code unless specifically exempted.12. in exercise of powers conferred by section 19 of the act, the central government has framed foreign trade (regulations) rules 1993 (for short `the rules'). these rules state in detail the procedure for grant of license .....
Tag this Judgment!Court : Delhi
Decided on : Apr-10-2003
Reported in : 2003IVAD(Delhi)370; 104(2003)DLT760; II(2003)DMC33; 2003(68)DRJ481
..... in v. bhagat v. mrs. d. bhagat, : air1994sc710 supreme court had the occasion to define 'mental cruelty' as contemplated in indian laws particularly under the provisions of section 10 of hindu marriage act. these provisions are identical to other laws governing different communities in this country. the acid test to determine mental cruelty is that the conduct of the guilty party ..... a reasonable apprehension, of it is a higher requirement than a reasonable apprehension that it is harmful or injurious for one spouse to live with the other. but under section 10(1)(b), harm or injury to health, reputation, the working career or the like, would be an important consideration in determining whether the conduct of the respondent ..... j.d. kapoor, j. 1. this is a petition by the wife under section 10 of the indian divorce act, 1869 (substituted by act 51 of 2001) seeking dissolution of marriage onthe ground of cruelty.2. put briefly the facts pleaded by the wife are as under: the marriage between the .....
Tag this Judgment!Court : Delhi
Decided on : Apr-08-2003
Reported in : 2003IVAD(Delhi)669; 105(2003)DLT351; 2003(69)DRJ323
..... either the president or lt.governor is the competent authority.3. allegation in relation to the said public functionary in capacity is the one specified in section-2(b) of the act. 15. in the instant case l-2 license was granted by the commissioner of excise i.e. respondent no. 3 to delhi state civil ..... functioning of the institution of lokayukata to inquire into the allegations against public functionaries in the national capital territory of delhi and for matters connected therewith. section 7 of the act delineates the matter which can be inquired into by the lokayukta or upalokayukta and reads as under:-'7. matter which may be inquired into by lokayukta ..... ; (v) a member of the municipal corporation of delhi as defined in clause 2(27) of the municipal corporation act,1957 (as amended in 1993):a conjoint reading of section-2(b), section-2(m) and section-7 would clearly indicate that the lokayukta has power to proceed to inquire against public functionaries in respect of those allegations, .....
Tag this Judgment!Court : Delhi
Decided on : Apr-03-2003
Reported in : 2003IIIAD(Delhi)254; 104(2003)DLT529; 2003(68)DRJ416
..... village sukhwa, koti, pritipura and naya kahera, pargana and tehsil jhansi, district jhansi, uttar pradesh on which the plaintiffs have set up the plant to manufacture industrial explosive. and 4. this hon'ble court may further pleased to declare that the plaintiffs have suffered a loss of rs. 81,40,000.00 (rupees eighty one ..... perspicuous judgment his lordship has considered all the precedents on the issue. it is apparent, however, that the attention of the court was not drawn to section 5 of the indian contract act. this interesting question has also been cogitated upon by the hon'ble supreme court in abc laminart vs. a.p. agencies, : [1989]2scr1a , ..... the contract comes into existence. it stipulates that the proposal can be revoked till such time as its acceptance is not complete as envisaged in the preceding section. section 5 further accepts and preserves right of the acceptor to revoke his acceptance at any time before the acceptance reaches the proposer. if this right of revocation .....
Tag this Judgment!Court : Delhi
Decided on : Apr-03-2003
Reported in : 2003IIIAD(Delhi)285; 104(2003)DLT166; 2003(68)DRJ611
..... provided that the dda reserves the right to change the facilities and specifications shown in the various plans and text.9. learned counsel further contends that section 11-a of the act only refers to the master plan and the zonal development plan which undoubtedly have a statutory character and are required to be modified in terms of the ..... that the said allotments could not have been made without following the due process of law of modification of the plan under section 11a of the delhi development act, 1957 (hereinafter referred to as 'the said act').6. learned senior counsel further contends that the parks are the breathing spaces for a colony in the congesting urbanisation taking place ..... or the zonal development plan.20. i am unable to accept the contention of the learned counsel for the petitioner that section 11-a of the act will also apply to the lay-out plan. the section itself makes it applicable only to the master plan and the zonal development plan. the lay-out plan of the area .....
Tag this Judgment!Court : Delhi
Decided on : Apr-03-2003
Reported in : 3(2003)CCR57; 105(2003)DLT27; II(2003)DMC108; 2003(2)JCC1161; 2003RLR543
..... the time of arguments which is clear from the fact that despite opposition, the petitioner was granted anticipatory bail vide order dated 7.3.2000. section 10 of the act which empowers the high court to punish contempt of subordinate courts reads as under:10. power of high court to punish contempts of subordinate courts--every ..... -statements of facts were intended to interfere/obstruct the course of justice which amounts to criminal contempt within the meaning of section 2(c) of the contempt of courts act, 1971, which reads as under:(2) definitions--in this act, unless the context otherwise requires,-- '(c) 'criminal contempt' means the publication (whether by words, spoken or written, ..... provisions of indian penal code in appropriate proceedings. high court could not take cognizance of such contempt in view of the proviso to section 10 of the act.6. for these reasons, impugned order cannot be said to suffer from any legal infirmity. thereforee, this revision fails and is hereby dismissed. .....
Tag this Judgment!Court : DRAT Delhi
Decided on : Apr-02-2003
Reported in : III(2005)BC231
..... in the light of the observations contained in this order.20. the learned counsel for the appellants also contends that the provisions of subsection (8) of section 19 of the act have retrospective operation, but the same is questioned by the learned counsel for the respondent-bank. it will be open to the appellants and respondent-bank to ..... same effect.10. the provisions of order 8 rule 6-a of the civil procedure code in this regard are the same as the provision contained in sub-section (8) of section 19 or the act. therefore, these decisions, though rendered with reference to the provisions of the code of civil procedure, apply with equal force to a case arising ..... under sub-section (8) of section 19 of the act. therefore, the contention of the learned counsel for the respondent-bank that the counter-claim should have been made on the 1st hearing, and in .....
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