Court : Delhi
Decided on : Feb-13-2014
..... call for any interference.8. mr. jainendra maldahiyar, learned counsel appearing for the petitioner would submit that in terms of circular dated march 29, 2000 whereby an amendment was effected to rule 30-a, the petitioner was within its right to withhold the gratuity and adjust the same against the loss caused to the petitioner. he ..... j.(oral) 1. the challenge in this writ petition is to the order dated may 24, 2013 passed by the appellate authority under the payment of gratuity act, 1972 (act, in short).2. the issue which arises for consideration of this court in this writ petition is whether the petitioner could withhold the gratuity amount of the ..... in a disciplinary proceeding or judicial proceeding to have been guilty of offence/misconduct as mentioned in sub-section (6) of section 4 of the payment of gratuity act, 1972 or to have caused pecuniary loss to the company by misconduct or negligence, during his service including service rendered on deputation or on re-employment after .....
Tag this Judgment!Court : Delhi
Decided on : Mar-05-2014
..... to protect and improve the environment and to safeguard the forests and wild life of the country. after article 48-a was introduced by the constitution (42nd amendment) act, 1976, there has been sudden spurt of litigation by well meaning social activists to protect quality of life in urban areas and a movement for protecting ..... exception. the case law too, is consistent.60. in view of the cursory counter affidavit filed by delhi development authority with simply disclosed that it had amended the lay-out plan without traversing the pleadings in the writ petition and without disclosing the master plan and the zonal development plans norms, an adverse presumption ..... a licence.40. in the decision reported as air1917pc6murugesam pillai vs gnana sambandha pandara sannadhi, it was held as under:- 41. a practice has grown up in indian procedure of those in possession of important documents or information lying by, trusting to the abstract doctrine of the onus of proof, and failing, accordingly, to .....
Tag this Judgment!Court : Delhi
Decided on : Mar-07-2014
..... shall... ought to read as ...coarse aggregate shall consist of crushed stone, /shingle. they shall... rd 15. by their order of 3 october, 2005, the tribunal amended the award and directed that for bituminous works (bc) the additional expenditure incurred on transportation of aggregates from pakur shall be worked out on the same principle as indicated ..... be undertaken on the basis of the specification (third edition) issued by the ministry of surface transport, ( morth specifications ). it is not in dispute that the amendments and modifications to the morth specifications were made a part of the contract.6. the work had indeed commenced; the respondent sought to complete the work using aggregates based ..... (v) prejudicial to the rights of the parties; is open to interference by the court under section 34(2) of the act. (b) the award could be set aside if it is contrary to: (a) fundamental policy of indian law; or (b) the interest of india; or (c) justice or morality. (c) the award could also be .....
Tag this Judgment!Court : Delhi
Decided on : Mar-31-2014
..... certain terms, which were accepted. the terms of appointment stipulated that the petitioners will be governed by the regulations and standing orders concerning discipline and appeals as amended from time to time. in addition to the same, it was also indicated that their services were liable to be terminated, inter alia, on the ..... sharma, learned counsel for the petitioners, broadly argued that, the petitioners were employed with the respondent at a point in time when the 1953 act was in operation and, therefore, the indian airlines (flying crew service) regulations which were published in part-ii section 3 of the gazette of india dated 12.03.1960, would ..... provided, under clause 3, that her services with the respondent (which at the relevant time was the indian airlines), will be governed by the regulations applicable to cabin crew and the standing orders concerning discipline and appeals, as amended, from time to time. 8.1 pertinently, clause 4(ii)(b) of the very same appointment letter .....
Tag this Judgment!Court : Delhi
Decided on : Apr-02-2014
..... @ pehalwan was arrested by the police station dewaria and fir no.56/2005 was registered under section 307/7 criminal law (amendment) act. another fir bearing no.57/2005 was registered against him under the arms act.53. the prosecution has examined pw-21 retired s.i. umakant pandey; pw-20 s.i. ajit kumar misra about the ..... family members about the relationship (vii) the statements attributed to nitish katara by pw30 nilam katara and pw-39 nitin katara are admissible under section 32(1) of the indian evidence act (viii) testimony of nilam katara - whether unreliable?. what constitutes contradictions , improvements and significant omissions ?. (ix) conduct of bharti yadav on the 17th of february, ..... is a piece of information res gestae. in certain cases, the first information report can be used under section 32(1) of the indian evidence act and under section 8 of the indian evidence act as evidence of the cause of the informant s death or as part of the informer s conduct.235. in support of the .....
Tag this Judgment!Court : Delhi
Decided on : Apr-16-2014
..... it is necessary to examine the cusaa32014 page 7 applicability of any limitation period, whether under the amending notification or under section 27 of the customs act.11. section 3(8) of the cta states: (8) the provisions of the customs act, 1962(52 of 1962) and the rules and regulations made thereunder, including those relating to ..... the refund was to be claimed, nor did it make section 27 of the customs act applicable to such claims; second, since imports and payment of relevant customs duties were made when the original notification was in force, and the amending notification has no retrospective effect, the appellant is entitled to the refund of sadc. ..... of refund claim under notification no.102/2007-cus read with section 27 of customs act. the question of law that arises for determination in this appeal is can period of limitation for preferring refund claims, specified in the amending notification no.cusaa32014 page 1 93/2008-cus be made applicable with retrospective effect, in .....
Tag this Judgment!Court : Delhi
Decided on : Apr-23-2014
..... such person in india or for the purposes of making or earning any income from any source in india. 78. explanation to section 9(2) of the act, as amended by finance act 2010 with retrospective effect from 01.06.1976 is quoted below: explanation. for the removal of doubts, it is hereby declared that for the purposes of this ..... the way saying that in this particular case these four persons did constitute an association of individuals within the meaning of both section 3 and section 55 of the indian income tax act, 1922. 32. the condition that the association must be formed for the object of producing income, profits or gains is no longer applicable in view of the ..... an integral part of the contract. (3) section 9(1)(vii) of the act read with memo cannot be given a wide meaning so as to hold that the amendment was only to include the income of non-resident taxpayers received by them outside india from indian concerns for services rendered outside india. (4) the test of residence, as applied .....
Tag this Judgment!Court : Delhi
Decided on : Apr-29-2014
..... of the notification; or (ii) published after the commencement of the land acquisition (amendment) act, 1984 (68 of 1984), shall be made after the expiry of one year from the date of the publication of the notification: provided further that no ..... covered by a notification under section 4, subsection (1) (i) published after the commencement of the land acquisition (amendment and validation) ordinance, 1967 (1 of 1967), but before the commencement of the land acquisition (amendment) act, 1984 (68 of 1984), shall be made after the expiry of three years from the date of the publication ..... ratio of the said judgment. consequently, the supreme court allowed the appeals before it and the subsequent notifications containing the declarations under section 6 of the act were quashed.16. on the strength of the said constitution bench decision, the learned counsel for the petitioners submitted that the quashing of the earlier section .....
Tag this Judgment!Court : Delhi
Decided on : Jul-02-2014
..... 11 cpc and contesting the said application on merits stating that cause of action has been disclosed and then turning turtle after four years and filing an application seeking amendment is clear indication that the application is not bona fide or rather it is mala fide. it also shows that no due care and attention was observed by the ..... with regard to the rejection of the plaint on 16.1.2014 that wisdom dawns on the plaintiff to file an application under order vi rule 17 cpc seeking amendment of the plaint.25. the fact that no stay is granted to plaintiff and despite contesting the application for rejection of plaint for years together yet filing an application ..... the application under order vii rule 11 cpc is still pending provided it is shown to be bona fide and meeting other requirements of law on the basis of which amendment is permissible. the other judgments cited by the learned senior counsel for the plaintiff are also on the similar lines though facts of no two cases are similar, .....
Tag this Judgment!Court : Delhi
Decided on : Jul-01-2014
..... presidential directive in terms of the ministry of agriculture on om dated april 21, 2009 was only with respect to revision of pay scales. further upon amendment to sub section 3 of section 4 of the act and the board of directors of the petitioner enhanced the amount of gratuity to rs.10 lakhs with effect from may 24, 2010. the respondent ..... . the petitioner did not accede to the request of the respondent on the ground that he is not entitled to gratuity as per the act which has already been paid to him. on may 24, 2010, section 4(3) of the act was amended and the amount of rs.3,50,000/- was substituted by an amount of rs.10 lakhs. the ..... 50,000/- on the date of retirement, which has been duly paid. it was also stated that amendment brought to sub section 3 of section 4 of the act has a prospective effect and the respondent could not seek a retrospective operation of the amendment. the controlling authority vide its order dated july 13, 2012 allowed the claim of the respondent thereby .....
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