Court : Rajasthan
Decided on : Jul-23-2003
Reported in : (2003)184CTR(Raj)365; [2005]272ITR613(Raj)
1. on an application under section 256(1) of the it act, 1961, tribunal has referred the following question for the opinion of this court :'whether, on the facts and in the circumstances of the case, the tribunal was justified in law .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-14-2003
Reported in : (2003)IILLJ1040Bom
..... it for the sake of argument that it was refused by the accused and, therefore, presuming that he was aware of the contents by virtue of section 27 of the general clauses act, such a presumption, as drawn by learned sessions judge, cannot be said to be irrebuttable. admittedly, on the second and third occasion, only son of ..... sri sharma has relied upon only two-fold argument. according to him, the establishment 'ajanta hotel' is not a 'factory' as defined by section 2(12) of the e.s.i. act and in any case there is no sufficient evidence to indicate that the said establishment would be within the clutches of definition 'factory' under e.s ..... was raised before him during the course of the appeal. by relying upon the definition of 'factory' as contained in section 2(m) of the factories act, together with powers of the state government under section 85 of the factories act, 1948, learned sessions judge held that 'ajanta hotel' was 'factory'. he has also recorded a finding that petitioner is .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-10-2003
Reported in : I(2004)DMC647; 2004(1)MhLj411
..... law in appreciating the evidence and drawing the conclusions. they misread the evidence and, therefore, failed in error of recording the finding of proving the offences punishable under sections 498a and 304b of ipc. resultantly, they committed the error in convicting and sentencing the petitioners for the offences mentioned above.16. thus, this petition is allowed. ..... treated prabhavati. the prosecution is obliged to prove that the accused behaved with the deceased in such a way which amounted to cruelty as indicated by provisions of sections 498a and 304b of ipc. there is no evidence on record to show that such a golden chain was agreed to be given at the time of ..... parlance. the evidence on record in this case is very insufficient to bring home the ingredients of section 498a and section 304b of ipc. there is no ground to draw an inference as indicated by section 113 a and b of indian evidence act, 1872. both the courts below have lost sight of this important aspect and, therefore, they .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-23-2003
Reported in : ILR2004KAR3605
..... of the defendant to perform his part of the contract. without a finding thereof the trial court failed to consider the tenability of claim for specific performance under section 20 of the specific relief act? for not doing so, whether it warrants an order of remand?'9. when the defendant seeks relief of specific performance implicitly admits the title of the plaintiff ..... first appellate court may be wrong in not rendering a finding on the other disputed points like the defendants' right to seek discretionary relief of specific performance under section 20 of the specific relief act and his readiness and willingness to perform his part of the contract. on the over all assessment of facts and evidence, i find that even in the .....
Tag this Judgment!Court : Jharkhand
Decided on : May-14-2003
Reported in : 2003(2)BLJR1222; [2003(3)JCR487(Jhr)]; (2003)IIILLJ810Jhar
..... school), in which a hall was being constructed and the labourers were working in that. on the report of the labour enforcement officer a proceeding under section 20(2) of the minimum wages act was initiated and the following impugned orders (annexure-3) in all the writs, were passed.'abhilekh aaj prastut kiya, niyojak ki ore se hajari ..... common order as in all these writs common question of law is involved.3. in all these writs the order of the inspecting authority passed under section 20(2) of the minimum wages act, 1948 has been challenged.4. the petitioner is the principal of the school in question (it is reported that now he has been transferred ..... order on that point.6. so far as the second aspect i.e. witnesses were not examined is concerned, sub-section (3) of section 20 of the minimum wages act is relevant, which reads as follows :'when any application under sub-section (2) is entertained, the authority shall hear the applicant and the employer, or give them an opportunity of being .....
Tag this Judgment!Court : Jharkhand
Decided on : Nov-24-2003
Reported in : 2004(1)BLJR229; [2004(1)JCR167(Jhr)]; (2004)IILLJ512Jhar
..... was wrong in view of the direction of the division bench in the writ petition challenging the order of the labour court passed on the application under section 33c(2) of the act. this court stayed the enforcement of the certificate or the order issued by the certificate officer. this court thought that one way of resolving the ..... c.w.j.c. no. 2464 of 1993(r).3. it is seen that an application was filed by the workmen under section 33(c)(2) of the industrial disputes act (hereinafter referred to as 'the act') before the central government, labour court no. ii, dhanbad in making a claim for amounts based on a tripartite agreement for overtime ..... registers to this court and directed the committee of registrar to go through the various registers and other documents. the registrar got the various registers scrutinised by the accounts section of this court and submitted what can be termed as a 'chart' containing certain figures described as total hours, extra o.t. and total hours, further confusing .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-28-2003
Reported in : AIR2003SC1917; 2003(3)AWC1744(SC); JT2003(2)SC320; 2003(2)KLT638(SC); 2003(2)SCALE518; (2003)4SCC257; [2003]2SCR473
..... subsequent to its being received in the high court. it may be that the chief justice has not designated an election judge under sub-section (2) of section 80a of the act until an election petition was actually received in the high court. who then would receive the election petition? do the constitution and the ..... the election petition, filed an application raising preliminary objection to the maintainability of the petition, seeking its dismissal in limine under section 86 of the act for non-compliance with section 81 of the act. the gist of the plea raised by the appellant is that the election petition should have been presented either before the ..... designated election judge or the chief justice of the high court; and that the presentation before the stamp reporter is invalid under section 81 of the act; and therefore, the petition is liable to be dismissed without trial. the learned designated election judge has overruled the objection preferred by the appellant .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-27-2003
Reported in : 2004ACJ53; AIR2003SC4182; 2004(5)ALLMR(SC)316; 2004(1)AWC176(SC); 2003(3)BLJR2325; JT2003(8)SC108; 2004(2)MhLj668; (2004)1MLJ82(SC); 2004MPLJ267(SC); (2004)136PLR446; 2003(
..... and award passed by the motor accidents claims tribunal for greater bombay (for short the 'tribunal') adjudicating a claim petition under section 110-a of the motor vehicles act, 1939 (in short the 'act').one kumar (hereinafter referred to as the 'deceased') lost live in a vehicular accident which occurred on 15.8.1989. vehicle ..... no statutory definition, in common parlance 'negligence' is categorised as either composite or contributory. it is first necessary to find out what is a negligent act. negligence is omission of duty caused either by an omission to do something which a reasonable man guided upon those considerations who ordinarily by reason of conduct ..... measured in a given case. what constitutes negligence varies under different conditions and in determining whether negligence exists in a particular case, or whether a mere act or course of conduct amounts to negligence, all the attending and surrounding facts and circumstances have to be taken into account. it is absence of care .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-30-2003
Reported in : JT2003(8)SC399; 2004(1)KLT31(SC); (2004)ILLJ428SC; 2004(3)MhLj568; 2003(9)SCALE119; (2003)12SCC274; 2004(1)LC398(SC)
..... , municipal corporation of delhi v. shiv shanker : 1971crilj680 and ratan lal adukia and anr. v. union of india : air1990sc104 . when the new act contains a repealing section mentioning the acts which it expressly repeals, the presumption against implied repeal of other laws is further-strengthened on the principle expressio unius (person vel rei) est exclusio alterius ..... that two statute should operate in respect of identical issues. the establishments act has been rendered repugnant by enactment of the act. reference' is made to section 37 of the act to submit that by necessary implication there was repeal of the establishments act. both these statutes fall under entry 24 of list iii (the ..... that withdrawal of benefit by enacting a statute was contemplated.11. on a careful scrutiny of the provisions contained in both the above acts, we find that the act makes some specific provisions on certain aspects and areas of relationship between worker and management. it is not only silent but also .....
Tag this Judgment!Court : Delhi
Decided on : Mar-10-2003
Reported in : 2003IIIAD(Delhi)624; [2005]123CompCas785(Delhi); 104(2003)DLT909; 2003(71)DRJ523; [2004]50SCL268(Delhi)
..... refiling it in company law board, the company law board was not dealing with the matter pending in high court and consequently there was no violation of section 68 of the companies amendment act, 1998. 5. the entire portion of the judgment which is against the appellant is contained in paragraphs 17, 18 and 19 and reads as follows ..... indulgence in forum shopping by the appellant. 2. the dispute which relates to the present appeal originated on a petition filed in this court under section 397 and 398 of the companies act in the year 1990 by the appellant herein a.p. jain alleging oppression and mismanagement which was numbered as cp 174/1990. the matter remained ..... 1996, a prayer was made on account of the change of jurisdiction pursuant to the 1988 amendment in the companies act which came into force with effect from 31.5.91. by the said amendment, the petitions under sections 397 and 398 relating to oppression and mismanagement under chapter vi were required to be heard by the company law .....
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