Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: delhi Year: 2006 Page 21 of about 411 results (0.098 seconds)

M.G. Builders and Company Private Ltd. and anr. Vs. Des Raj Arora

Court : Delhi

Reported in : 131(2006)DLT147; 2006(90)DRJ576

..... rather than the one which would frustrate the same. the entire scheme underlining the code is intended to do substantial justice and decide the suits expeditiously. the provisions of section 24(5) are intended to transfer a suit where it is being tried or is pending at any stage before a court of no jurisdiction. the provisions of order ..... but also dismissed the suit as not maintainable. as the suit was dismissed vide judgment dated 4.4.06, the appellants have filed the present regular first appeal under section 96 of the code of civil procedure before this court.4. the learned counsel appearing for the appellants contended that the impugned judgment is contrary to the settled principles ..... a) are pending before the court per se will not oust the jurisdiction of the court to pass an order under section 24 of the code. loss of pecuniary jurisdiction may result from operation of law or by an act of a party by its own violation.10. reference can also be made in this regard to the judgment of .....

Madan Mohan Sharma Vs. State

Court : Delhi

Reported in : 131(2006)DLT347; II(2006)DMC332

..... he immediately referred to paragraphs 9 and 10 of the impugned judgment to point out that the learned additional sessions judge had invoked the provisions of section 113a of the indian evidence act, 1872 to raise a presumption with regard to the abetment of suicide by the deceased [smt. vandana sharma]. he submitted that this presumption cannot ..... detail, i find that the learned additional sessions judge was greatly influenced by the application of section 113a of the indian evidence act, 1872 in coming to a conclusion that a charge under section 306 ipc ought to be framed. the said section 113a reads as under:113a. presumption as to abetment of suicide by a married woman. ..... be raised inasmuch as section 113a is inapplicable in the facts of the present case as the suicide was committed beyond the period of 7 years from .....

Wipro Limited Vs. Beckman Coulter International S.A.

Court : Delhi

Reported in : 2006(3)ARBLR118(Delhi); 2006(2)CTLJ57(Del); 131(2006)DLT681

..... trade 44. although the supreme court in gujarat bottling (supra) had refrained from entering into the question whether reasonable restraint is outside the purview of section 27 of the contract act, in my view, this issue has already been settled in superintendence co. ltd (supra) wherein a.p. sen, j categorically observed that 'neither ..... as under:52. neither the test of reasonableness not the principle that the restraint being partial or reasonable are applicable to a case governed by section 27 of the contract act, unless it falls within exception i. we, thereforee, feel that no useful purpose will be served in discussing the several english decisions cited ..... :agreements of service, containing a negative covenant preventing the employee from working elsewhere during the term covered by the agreement, are not void under section 27 of the contract act, on the ground that they are in restraint of trade. such agreements are enforceable. the reason is obvious. the doctrine of restraint of trade .....

Lalita Rani and ors. Vs. Jagdish Lal

Court : Delhi

Reported in : 131(2006)DLT108; II(2006)DMC310; 2006(90)DRJ385

..... and incident to her marriage' and under clause (c)'minor means a person who has not completed his or her age of eighteen years'. under section 18 of the maintenance act a hindu wife shall be entitled to be maintained by her husband during her life time. this is of course subject to certain conditions with which ..... be read in conjunction with one another and interpreted accordingly. we can, thereforee, go to hindu adoption and maintenance act, 1956 (for short the 'maintenance act') to understand the meaning of the 'maintenance'. in clause (b) of section 3 of this act 'maintenance includes (i) and in all cases, provisions for food, clothing, residence, education and medical attendance and treatment ..... awarded by an order dated 6.7.1999 passed by the learned additional district judge on an application filed under sections 24 and 26 of the act, has been questioned.2. the facts necessary for deciding this appeal are that the respondent who was married to the petitioner, had preferred proceedings .....

Sharon Solution (India) Pvt. Ltd. Vs. Ericsson India Pvt. Ltd.

Court : Delhi

Reported in : 131(2006)DLT105; 2006(92)DRJ73

..... as well as ericsson have separately made their own appointments/nominations, namely, justice vijay bahuguna (retd.) and justice sat pal (retd.), obviously under section 11(2) of the act. this would of course increase the expenses that will be incurred by the parties. the no objection of justice vijay bahuguna (retd.) is of ..... bay for several years. i hold that since there is no agreement between oberthur and ericsson to submit their disputes to arbitration and thereforee section 2(f) of the act is not attracted. the fact that justice vijay bahuguna (retd.) was appointed/nominated on behalf of oberthur also, would not create or ..... appointed instead.6. mr. kher, learned counsel appearing for ericsson now stresses upon section 2(f) of the arbitration and conciliation act, 1996 (hereinafter referred to as `the act') which contains the definition of an `international commercial arbitration', and on section 11(9) which stipulates that in the case of an international commercial arbitration .....

Andaleeb Sehgal Vs. Union of India (Uoi) and anr.

Court : Delhi

Reported in : 130(2006)DLT748

..... defense. this would include a right to cross-examine the witnesses examined by the commission and the right to be represented by a legal practitioner. section 8c of the act is in this regard clear.(iii) in an enquiry conducted by a commission or authority established under the general executive power of the government, ..... the rights available to persons likely to be prejudicially affected under section 8b and 8c of the act are not ipso facto exercisable by them. it is only if the government extends those provisions to the commission that the persons likely ..... to be represented by a legal practitioner and the right to cross- examine the witnesses examined by the commission available to a noticee independent of section 8b and 8c of the act aforementioned before an inquiry authority / commission established otherwise than under the provisions of the said act3. having heard mr.sawhney, learned counsel for .....

Dr. Anand Prakash Vs. Appropriate Authority, Income Tax Dept. and ors.

Court : Delhi

Reported in : (2006)205CTR(Del)125; 131(2006)DLT36; [2006]287ITR395(Delhi)

..... : [1996]220itr509(all) .9. it was further contended by the learned counsel that the appropriate authority had not made the payment in terms of section 269ug of the act and that the deposit allegedly made by it was not appropriate and substantial in compliance with the said requirement especially when the petitioner had not refused to ..... counsel.11. it was further submitted that deposit of the amount in question was made on 29th december, 1994 which was within the outer limit stipulated under section 269ug of the act. the deposit was valid according to the learned counsel as the petitioner had declined to receive the amount. there was, argued mr. jolly, no illegality ..... the short ground of violation of principles of natural justice by the appropriate authority while passing the impugned order. it is true that the provisions of section 269 of the act do not in specific terms provide for the grant of a hearing to the seller or the buyer of the property being compulsorily purchased by the .....

Manish Sehgal Vs. American Express Bank Ltd.

Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

..... card when admittedly the dollar card of the complainant was very much alive and was cancelled only subsequently tantamounts to deficiency in service in term of section 2(1)(g) of consumer protection act, 1986 which means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by ..... provider. the standard of service provided by service providers has to be adjudged on the anvil of the definition of deficiency in service provided by section 2(1)(g) of the consumer protection act which means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or ..... under written intimation to him. 6. thus according to the o.p. there was no deficiency in service in terms of the provisions of section 2(1)(d) of the consumer protection act as the action taken by the o.p. was as per terms of card member agreement between the parties. in this regard o.p. .....

Subhash Chand Barjatya Vs. the State and anr.

Court : Delhi

Reported in : 2007CriLJ76; 2006(90)DRJ303

..... to mr. nigam, if only these two dates are taken into account then the notice was issued beyond the period of 15 days stipulated under section 138(c) of the negotiable instruments act, 1881. on the other hand, he submitted that if it is established that the complainant received the information by virtue of the handing over of ..... a witness from the said bank and no request having being made by the counsel for accused during his cross-examination for its production. accordingly, the application under section 91, cr. p. c. is dismissed.xxx xxx xxx xxx11. the contention put forward by counsel for accused is not acceptable as the complainant while deposing in ..... return register is linked up with the question of recalling of the complainant for further cross-examination. the learned metropolitan magistrate has rejected the applications of the petitioner under section 91, cr. p. c. on the premises that as the cw 2 has deposed on. oath that there is no cheque return register then there would .....

Sushil Kumar Goyal and anr. Vs. Ito and anr.

Court : Income Tax Appellate Tribunal ITAT Delhi

..... were assessee own gross turnover and since this exceeded rs. 40 lakhs and the assessee have not got the accounts audited as per provisions of section 44ab of the act penalty under section 271b was leviable and thereafter he levied the impugned penalty amount of rs. 35,110 and rs. 65,896 in the case of shri ..... orders of the tax authorities below.7. in the instant cases, the assessees, in response to show cause notice issued by the assessing officer under section 271b of the act, having specifically pleaded that they were not having their own commercial vehicles and arranged the same from the market for carrying goods. they have also specifically ..... identical ground: the learned assessing officer seriously erred and was unjustified and unjudicious in imposing penalty of rs. 35,110 and rs. 65,896 - under section 271b of income tax act, 1961 in facts and circumstances ofthe case and learned commissioner of income tax (appeals) also erred in sustaining penalty.2. in brief, the facts relating .....