Court : Delhi
Decided on : Apr-25-2006
Reported in : 2006(88)DRJ856
..... his sentence. a division bench of this court, thereupon, directed that the present writ petition would be treated as a request to the director general under section 130 of the act and decision shall be rendered by the director general within three weeks thereon which shall be communicated to this court. pursuant to the orders of this court ..... of the transaction which resulted in his death, in cases in which the cause of that person's death comes into question, becomes admissible under section 32 of the evidence act. such statement made by the deceased is commonly termed as dying declaration. there is no requirement of law that such a statement must necessarily be ..... 17. a perusal of the court martial record further reveals that, as a matter of fact, the petitioner himself voluntarily gave a signed statement under section 48(3) of the act that there was a scuffle between him and the deceased during which they both took up dandas for hitting each other. this statement is also referred .....
Tag this Judgment!Court : Delhi
Decided on : Apr-25-2006
Reported in : 129(2006)DLT806; 2006(90)DRJ203; [2006(110)FLR719]; 2007(1)SLJ531(Delhi)
..... absence, the employer could terminate the services in terms of letter of appointment. the court held that such a termination would be covered by clause (bb) of section 2(oo) of the act and, thereforee, section 25f would have no application. in 2002 (5) scc 646 entitled haryana state f.c.c.w. store ltd. v. anr. v. ram niwas and ..... their appointment had expired. it was held that such disengagement was in terms of the contract of service and, thereforee, not 'retrenchment' within the meaning of section 2(oo) of the act. in these circumstances, the workman was held not entitled to any relief. in these circumstances, in the light of the principles laid down by the apex court ..... workman had worked for 240 days in a year inasmuch termination of services of the workman did not constitute retrenchment in view of clause (bb) in section 2(oo) of the act. the termination of the services of the workman was in accordance with the stipulation contained in his contract which is to be found in his letter of .....
Tag this Judgment!Court : Delhi
Decided on : Apr-25-2006
Reported in : 130(2006)DLT49; 2006(90)DRJ370; [2006(111)FLR103]; (2006)IIILLJ662Del
..... award till the challenge to the award is finally decided which is in accord with the statement of the objects and reasons of the industrial disputes (amendment) act, 1982 by which section 17-b does not preclude the high courts or this court from granting better benefits-more just and equitable on the facts of a case-than contemplated by ..... it may deem fit in the interests of justice. the court may, depending on the facts of a case, direct payment of full wages last drawn under section 17-b of the act only by the employer to the workman. the question whether a workman is entitled to the full wages last drawn or full salary which he would be entitled ..... the apex court in jt 2001 (supp.1) sc 229 entitled regional authority, dena bank and anr. v. ghanshyam held thus:10. it may be noticed that section 17-b of the act does not preclude the high courts or this court under articles 226 and 136 of the constitution respectively from passing appropriate interlocutory orders, having regard to the facts .....
Tag this Judgment!Court : Delhi
Decided on : Apr-24-2006
Reported in : 131(2006)DLT585; 2007(3)SLJ479(Delhi)
..... and inflexible nature of the liability to mandate that no one can be dismissed on account of pregnancy. it is a non-discriminatory provision. section 27 mandates that provisions of the act would have overriding effect.12. articles 14 and 15 of the constitution guarantee equality, article 15(3) enables the state to make special provision ..... 1980 when it was sent in may, 1980 as alleged. she challenged the communication as malafide and also as vocative of the provisions of section 12 of the maternity benefits act, 1961. the workman had reiterated the stand she had taken in her claim statement on the ground that the termination of her service without assignment ..... cannot be held that the petitioner had received the communication dated 3rd may, 1980 on 6th may, 1980.8. the petitioner has placed reliance on section 12 of the maternity benefits act, 1961 which reads as follows:12. dismissal during absence or pregnancy. -(1) when a woman absents herself from work in accordance with the provisions .....
Tag this Judgment!Court : Delhi
Decided on : Apr-24-2006
Reported in : [2007]292ITR274(Delhi)
..... 'deposit' is different from 'loan'. that view has commended itself to us. not only that the parliament has while introducing the amendment to section 269t and section 271e of the act clearly recognised the fact that the existing provision did not have any application to loans and that the amendment to the same was intended to extend ..... in the finance bill, 2000, under the heading 'modification of the provisions relating to mode of repayment of certain deposit':under the existing provisions of the section 269t of the act, no branch of a banking company, co-operative bank and no other company or co-operative society or partnership firm or other person, can repay ..... we have heard learned counsel for the parties at some length and perused the order under challenge. the commissioner (appeals), has, while holding that section 269t of the income tax act was not applicable to loans and that there was a distinction between a loan and a deposit, placed reliance upon a single bench decision of this .....
Tag this Judgment!Court : Delhi
Decided on : Apr-21-2006
Reported in : 129(2006)DLT572; 2006(88)DRJ693
..... damages could be awarded only from the date when an eviction decree was passed. this court took into consideration the definition of tenant as contained in section 2(i) of the m.p. act which included any person continuing in possession after the termination of his tenancy but did not include any person against whom any order or decree for ..... termination of tenancy but the premises were not handed over to the petitioner no. 1. on 3rd november, 1989 the petitioner duly served another notice under section 106 of the transfer of property act (hereinafter referred to as the tpa) on mr. h.n. pahilaj, who duly received the same. the notice was issued for termination of the tenancy ..... general law, and in cases where the tenancy is governed only by the provisions of the transfer of property act, 1882, once the tenancy comes to an end by determination of lease under section 111 of the transfer of property act, the right of the tenant to continue in possession of the premises comes to an end and for any .....
Tag this Judgment!Court : Delhi
Decided on : Apr-21-2006
Reported in : 129(2006)DLT817
..... the tribunal has analyzed various definitions of the word ?omisconduct? and we are in agreement with the conclusion of the tribunal. furthermore, misconduct need not be founded on a positive act but can also be based upon an omission of duty required to be done by the public servant. in this view of the matter, we are satisfied that no interference ..... important piece of evidence. the accused was acquitted by the hon'ble court of shri s.s. bal, spl. judge, tis hazari, delhi in the above noted case.the above act on the part of you, inspr. prem chand, no. d-1/413 amounts to gross misconduct, negligence and dereliction in the discharge of his official duties and rendering you liable ..... on sh. preet pal bansal, inspector malaria, clz, mcd for demanding rs. 3000/- as bribe. he got case fir no. 40 dated 10-10-97 u/s 7/13 poc act, p.s. a.c. branch registered against shri preetpal bansal inspr. malaria, clz mcd. the tainted money, although not accepted by the accused sh. preet pal bansal was not .....
Tag this Judgment!Court : Delhi
Decided on : Apr-21-2006
Reported in : 2006(1)CTLJ296(Del); 129(2006)DLT662
..... value add each of these is assessed in terms of a set of pre-qualification criteria and supporting pre-qualification factors that are detailed in the section 56.the purpose of the technical pre qualification phase is to ensure that only those bidders that can address the goi's strategic objectives are evaluated ..... the wholesome rule in regard to judicial interference in administrative decisions is that if the government takes into consideration all relevant factors, eschews from considering irrelevant factors and acts reasonably within the parameters of the law, courts would keep off the same.99. in balco employees' union (regd.) v. union of india : (2002)illj550sc ..... caution that the court must always exercise in the following words :the law relating to award of a contract by the state, its corporations and bodies acting as instrumentalities and agencies of the government has been settled by the decision of this court in ramana dayaram shetty v. international airports authority of india : .....
Tag this Judgment!Court : Delhi
Decided on : Apr-20-2006
Reported in : 129(2006)DLT423; 2006(32)PTC656(Del)
..... .19. quite apart from that, as a result of the wto trips agreement, india has passed the geographical indications of goods (registration and protection) act, 1999. section 2(e) of the act defines geographical indication in the following words: -2(e) 'geographical indication', in relation to goods, means an indication which identifies such goods as agricultural ..... area and is used upon or in relation to particular goods originating from that country, region or locality, as the case may be;20. section 20(1) of the act prohibits any person from instituting any proceedings to prevent or to recover damages for the infringement of an unregistered geographical indication. however, this does not ..... distilled and matured in scotland) as conforms to a definition of scotch whisky contained in an order made under this subsection by the ministers. 7. section 1 of the act makes it unlawful to produce in scotland, or to keep in scotland for the purposes of maturation, or to keep or use in scotland for the .....
Tag this Judgment!Court : Delhi
Decided on : Apr-20-2006
Reported in : 132(2006)DLT196; 2006(32)PTC779(Del)
..... through sound or visual recordings without the permission of the performer that is prohibited6. while the definition of 'performer' in section 2(qq) of the copyright act, 1957 includes within its sweep a singer, section 2(q) defines 'performance', in relation to performer's right, to mean any visual or acoustic presentation made live by ..... the plaintiff definitely has a serious triable case. but, de hors the copyright act, 1957, the plaintiff's relationship with the defendants is in the realm of quasi contracts. section 70 of the indian contract act, 1872 deals with these kinds of contracts. section 70 reads as under:where a person lawfully does anything for another person, ..... use her recordings at all. but, because they opted to use the plaintiff's recordings, a quasi contract comes into existence. all the ingredients of section 70 are satisfied. the liability to compensate the plaintiff has thereforee fallen on the defendants. that is insofar as the question of compensation or damages is .....
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