Court : Delhi
Decided on : Nov-05-2003
Reported in : 2003VIIIAD(Delhi)425; 108(2003)DLT314; (2004)ILLJ603Del; 2004(3)SLJ428(Delhi)
..... landing and taking off area for air-crafts usually with runways and aircraft maintenance and passenger facilities and includes aerodrome as defined in clause (2) section 2 of the aircraft act 1934. 2(e) 'air transport service' means any service for any kind of remuneration whatsoever for the transport by air of persons, mail ..... national union waterfront workers : (2001)iillj1087sc wherein in paragraph 68 & 125 it has been held as follows:- '68. we have extracted above section 10 of the clra act which empowers the appropriate government to prohibit employment of contract labour in any process, operation or other work in any establishment, lays down the procedure ..... contract with the airport and the contractor showed that supervision and control with the airport ... without trolley there would be chaos ' section 2(m) of the airport authority of india act (aai act) shows that it is the duty of the airport to provide transport facilities necessary for the passenger. he observed as under:- 'all .....
Tag this Judgment!Court : Delhi
Decided on : Nov-03-2003
Reported in : 2003VIIIAD(Delhi)328; 2004CriLJ992; 108(2003)DLT150; 2004(72)DRJ103; 2003(3)JCC1852
..... property and dishonest misappropriation and conversion of the property to one's own use or disposing the said property in violation of any provision of law. section 420 also involves an act of deceiving any person fraudulently or dishonestly so as to induce him to deliver any property to any person or to make, alter or destroy the ..... petitioners has refuted these contentions by advancing the plea that terms of the contract do not fall within the definition of 'money circulation scheme' asenvisaged by section 2(c) of the act as 'money circulation scheme' involves the promise to pay money on the event of contingency related to the enrolments of members into the scheme. it is ..... circulation scheme' was dealt with as under:-'two conditions must, thereforee, be satisfied before person can be held guilty of an offence under section 4 read with sections 3 and 2(c) of the act. in the first place, it must be proved that he is promoting or conducting a scheme for the making of quick or easy money .....
Tag this Judgment!Court : Delhi
Decided on : Nov-13-2003
Reported in : 107(2003)DLT734; 2004(72)DRJ1; 2003(3)JCC292; (2004)136PLR3
..... wisdom specifically provided that only the court of metropolitan magistrate or the judicial magistrate, first class would be competent to try cases under section 138 of the act. complaints under section 138 having been transferred to the court of additional sessions judge for being tried by them, the respondent no. 1 has committed violation ..... widen the scope or the provision so as to include in its ambit the jurisdiction of additional sessions judges. jurisdiction to try offences under section 138 of the act have been specifically conferred on metropolitan magistrate or judicial magistrate, first class. that jurisdiction cannot be taken away, to our mind, by invoking ..... because of acute shortages of judicial officers at magisterial level. the high court exercising its power on the administrative side transferred the cases under section 138 of the act which were pending as on 31st december, 2001 from the court of metropolitan magistrates to the court of additional sessions judges. the impugned .....
Tag this Judgment!Court : Kerala
Decided on : Aug-01-2003
Reported in : 2004CriLJ509; 2004(1)KLT873
..... shall be the duty of the committee to remedy any defects or irregularities pointed out by the auditor and report the same to the commissioner. under sub-section (2) of section 26 of the act, if, on a consideration of the report of the auditor along with the report, if any, of the committee, the commissioner is satisfied that ..... of the devaswom shall be subject to concurrent audit, that is to say, the audit shall take place as and when expenditure is incurred. sub-section (3) of section 23 of the act says that the audit shall be made by auditors appointed in the prescribed manner, who shall be deemed to be public servants within the meaning of ..... '.the special court, for obvious reasons, has not taken cognizance of the offences alleged in ext.p1. reference may be made in this connection to section 19 of the prevention of corruption act. instead, the court has forwarded ext.pl together with records produced by the complainant to the director, vigilance and anti-corruption bureau (for short ' .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-15-2003
Reported in : (2003)3GLR2516
..... (h) defines what is 'urban development authority' and it shall have the meaning assigned to it in clause (xxvii) of section 21 of the gujarat act. sub-section (2) of section 2 of the impugned act is very material which provides that the development shall be deemed to be unauthorised if no permission of authority competent to give such ..... held the office of the district judge for a period of not less than three years has been provided in section 5 of the act. any person aggrieved by the notice under sub-sec. (2) of section 3 is entitled to prefer an appeal to the appellate officer. the process and procedure is also prescribed to entertain ..... necessary to take immediate action, it may dispense with the previous publication of any rule to be made under the impugned act. in exercise of power conferred by section 9 read with section 3 of the impugned act, the government of gujarat has made rules to regularise unauthorised developments. these rules are called : 'the gujarat regulation of .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-13-2003
Reported in : (2003)4GLR325
..... application no. 220/1974, which was dismissed by the labour court on the ground that the petitioner has not approached the employer as required under section 42(4) of the bombay industrial relations act ('bir act for short), before filing the said application and also on the ground that the application was barred by limitation. the said order was passed by ..... arrived at between the employer and the employee within 15 days and if the time is not extended, a dispute comes into existence within the meaning of section 79(3) of the act. the said period of limitation for filing an application for a decision on the said decision is three months after arising of dispute. in absence of a ..... court has not gone into that aspect. the fact still remains that the application was not moved by the applicant within the prescribed time limit as envisaged under section 42(4) of the act and rule 53(2) of the rules. if the date of termination is considered to be 18-8-1971, the first application was moved by the .....
Tag this Judgment!Court : Gujarat
Decided on : Nov-11-2003
Reported in : AIR2004Guj164
..... any professional or other misconduct, it shall record the finding accordingly and shall proceed in the manner laid down in the succeeding sub-sections. sub-section (4) of section 21 of the act specifies that where the council finds a member guilty of professional misconduct specified in first schedule, the council shall afford an opportunity of ..... and the findings recorded by the disciplinary committee and the petitioner council by holding the respondent as being guilty of 'other misconduct' under section 21 read with section 22 of the act and, hence, there is no necessity to interfere with the punishment recommended. it has been proved beyond reasonable doubt, in the facts ..... on record and submitted that the respondent was guilty of misconduct within the meaning of the term 'other misconduct' _as provided in section 21 read with section 22 of the act. it was submitted that the recommendation of the petitioner council be accepted and the petitioner council be permitted to remove the name of .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-17-2003
Reported in : RLW2004(2)Raj791
..... the impugned order will not result in disposal of the suit finally. the vary or reversal thereof at the most result in that the presumption under section 90 of the evidence act shall not be available in favour of the plaintiff non-petitioners in respect of the documents mentioned in the application.19. contention of shri sharma, ..... allowed on 1st of october, 1996 also.18. the plaintiff non-petitioners filed an application in the trial court and prayed therein for drawing presumption under section 90 of the evidence act in respect of documents, the details thereof have been given therein. their case was that the documents, are more than 30 years old and relate ..... irregularity, the high court may make such order in the case as it thinks fit.' 7. vide section 43 of the code of civil procedure (amendment) act, 1976, section 115 is renumbered as sub-section (1) and proviso to sub-section (1), sub-section (2) and explanation have been added which read as under,'provided that the high court shall not .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-24-2003
Reported in : 2005ACJ1653; AIR2004Raj131
..... when an insurer is impleaded and has been given notice of the case, he is entitled to defend the action on grounds enumerated in the sub-section, namely, sub-section (2) of section 149 of 1988 act, and no other ground is available to him. the insurer is not allowed to contest the claim of the injured or heirs of the deceased ..... on other ground which is available to an insured or breach of any other conditions of the policy which do not find place in sub-section (2) of section 149 of 1988 act. if an insurer is permitted to contest the claim on other grounds it would mean adding more grounds of contest to the insurer than what the ..... . ......... the liability could be statutory or contractual. a statutory liability cannot be more than what is required under the statute itself. however, there is nothing in section 95 of the act prohibiting the parties from contracting to create unlimited or higher liability to cover wider risk. in such an event, the insurer is bound by the terms of the .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-21-2003
Reported in : (2005)193CTR(Raj)250; [2004]271ITR315(Raj)
..... -tax (appeals) as well as the income-tax appellate tribunal found this question to be a debatable one and held that the provisions of section 154 of the act cannot be invoked for rectifying recomputation of deductions allowable undersection 80hhc. it was also held that since investment allowance is a special rebate, the deductions ..... question. as persection 80b, the gross total income means the total income computed in accordance with the provisions of the act before making any deduction under this chapter.sub-section (3)(a) of section 80hhc clearly lays down that where the export out of india is of goods or merchandise manufactured or processed by the assessee ..... chargeable to income-tax under the head 'profits and gains of business or profession'. section 29 states that the income referred to insection 28 shall be computed in accordance with the provisions contained in sections 30 to 43d. section 32a of the act lays down the investment allowance allowable as deduction. it is to be taken into .....
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