Court : Delhi
Reported in : AIR1968Delhi188; ILR1968Delhi75
..... a part of the award accepted by the parties be enforced was negatived by the court with the observation that there was no provision in the civil procedure code or the indian arbitration act to make a part of an award a rule of the court and that the award must be looked into as a whole for working out the rights of the parties ..... was held by the high court that the two papers originally filed in court were nto an award, which should be a single instrument complete in itself under section 320, act viii of 1859, and that the zillah judge was right in sending back the papers as he had done. ..... unless there is a either wrongful assumption of jurisdiction or wrongful refusal to exercise jurisdiction or unless the court below has acted in the exercise of jurisdiction illegally or with material irregularity, this court would be powerless and would nto be entitled to interfere with the findings and conclusions ..... reported case, we may point out, were peculiar and the appeal arose out the suits instituted by mukarraridars praying for declaration of the plaintiffs' title as auction-purchasers and for recovery of possession against the defendants. ..... this passage, we are unable to hold that in spite of section 16 of the act, expressly empowering the court to remit to the arbitrator or umpire for reconsideration of the award or any matter referred to arbitration, the legislature only intended the entire award to be remitted and nto a matter or matters short of all the matters referred to arbitration. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1971Delhi129
..... arising out of (iv) : to recommend further action, if any, that must be taken; (iv) to report on the loss or damage to the public caused by the pollution of the water and to recommend what, if any, restitution the indian oil corporation should make in that connection to those adversely affected; and (vii) generally, to report on any other matter that is relevant in the opinion of the commission. ..... act, 1956, the word 'management' may refer to the board of directors, managing director and title general manager of the indian ..... established near the town of monghyr on ganga in 1964, it was required by section 12(1) of the factories act, 1948, to make effective arrangements for the disposal of wastes and effluents arising in the manufacturing process at the ..... government is defined in section 3(8)(b) of the general clauses act, 1897, as the president in relation to anything done after the ..... to guard against such events in future, the central government appointed a four-member commission (including a retired judge of patna high court as chairman) under the commissions of inquiry act, 1952 (hereinafter called the act) by the following notification:- 'notification new delhi 20th april 1968, 31st chaitra 1890 s. ..... on the report and the proceedings of this commission to think that a prima facie case for the disciplinary inquiry exists against the petitioners, the decision to direct the indian oil corporation to hold disciplinary proceedings against the petitioners is an independent one. ..... short title .....
Tag this Judgment!Court : Delhi
Reported in : ILR1971Delhi147; [1972]30STC132(Delhi)
..... arising out of (iv) : to recommend further action, if any, that must be taken; (iv) to report on the loss or damage to the public caused by the pollution of the water and to recommend what, if any, restitution the indian oil corporation should make in that connection to those adversely affected; and (vii) generally, to report on any other matter that is relevant in the opinion of the commission. ..... act, 1956, the word 'management' may refer to the board of directors, managing director and title general manager of the indian ..... established near the town of monghyr on ganga in 1964, it was required by section 12(1) of the factories act, 1948, to make effective arrangements for the disposal of wastes and effluents arising in the manufacturing process at the ..... government is defined in section 3(8)(b) of the general clauses act, 1897, as the president in relation to anything done after the ..... to guard against such events in future, the central government appointed a four-member commission (including a retired judge of patna high court as chairman) under the commissions of inquiry act, 1952 (hereinafter called the act) by the folowing notification:- 'notification new delhi 20th april 1968, 31st chaitra 1890 s. ..... on the report and the proceedings of this commission to think that a prima facie case for the disciplinary inquiry exists against the petitioners, the decision to direct the indian oil corporation to hold disciplinary proceedings against the petitioners is an independent one. ..... short title .....
Tag this Judgment!Court : Delhi
Reported in : ILR1972Delhi21
..... of the appellant is that even if the rent note is construed as being for a fixed term, the period of limitation prescribed by article 139 of the first schedule to the indian limitation act, 1908, will not commence to run unless the tenancy is terminated or determined by notice and until this is done, the relationship of landlord and tenant between the parties would continue. ..... make any difference if the tenants do not pay rent because a tenant cannot dispute his lesser's title so long as he remains in possession under an agreement which he has made with him. ..... (14) article 139 of the first schedule to the indian limitation act, 1908 is a special article for a landlord to recover possession ..... note can be taken to be for a fixed term, the term will expire by the efflux of time under section 111(a) of the transfer of property act, 1882 and it would not be necessary to serve a notice for determination of t.he tenancy. ..... 12 years from the determination of the tenancy has expired, then under section 28 of the said act, the right of the plaintiff to the property in suit shall be extinguished. ..... in the present case was served upon the respondents only in may, 1956, shortly before the suit. ..... central indian railway ..... the tenancy does not determine until notice to quit has been served on the tenant or he has denied the landlord's title. ..... at the end of the rent note have been used merely to avoid registration of the rent note as a lease as required by section 107 of the transfer of property act, 1882. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1974Delhi374
..... bikash chatterjee and others: : (1970)illj70cal , it was held that the council of scientific and industrial research being a society under the societies registration act and being an independent and autonomous body not under any direct control of the government is neither a public body nor part of the government and, thereforee, article 311 has no application to it. ..... mark and it can make such inspection and take such samples of any material or substance as may be necessary to see whether any article of process in relation to which the standard mark has been used to conform to the indian standard or whether the standard mark has been improperly used in relation to any article or process with or without license. ..... apart from the fact that it has not been incorporated under a statute, it is an independent body registered under the societies registration act, 1860 with its own memr andum and rules and regulations to carry out its functions, it cannot, thereforee, be styled as an agent or instrument of the government. ..... in short, this act gives recognition to only one activity of the institution, namely, in the matter of indian sandards fixed by it and their user. ..... section 5 contains a prohibition against the improper use of standard mark in relation to any article, or process, or in the title of any patent, or in any trade mark or design the standard mark or any colourable imitation thereof, except under a license granted under this act. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1977Delhi146
..... 76-e of the indian railways act by indian railways (amendment) act, 1961; (4) that the suit is barred by time, and the plaintiff-respondents have also not proved the value of the goods.8. ..... will be brought into force with effect from 1st january 1961 except where otherwise stated:- annexure i...........fundamental it is thus apparent that these rules have not been framed under the provisions of the railways act but have been framed in pursuance of treaty entered into between india and pakistan. ..... was brought to, the notice and the station in charge be fore taking delivery and removal of vile goods from the railway premises open delivery was granted by the railway and 1,13 kgs of raisins were found short and 62 kg& of raisins were delivered on assessment of damages at 95 per cmt. ..... the petitioner-defendant also denied the title of the plaintiff to the goods in question or their right to sue. ..... the suit should have failed on the short ground that it was not even alleged in the plaint that the loss arose on the railway of the railway administration.11. ..... 76-e of the indian railways act, responsibility of railway -administration in case of traffic passing over railway in india and railway in foreign countries for any loss, destruction, damage or deterioration from whatever cause, cannot be fixed unless it is proved by the owner of the goods ..... regarding the claim for damages for short delivery, the trial court held that the plaintiff has proved the loss of rs, 675.74 -and relying upon r. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1977Delhi171
..... , or the government of patiala and east punjab states union, as the case may be, which has not been satisfied wholly or partially by the allotment of any evacuee land under the relevant notification specified in section 10 of this act, but does not include- (i)any such claim registered in respect of property held in trust for a public purpose of a religious or charitable nature; (ii)except in the case of a banking company for the purpose of sub-clause (1) of clause (b) of sub ..... section i pertained to short title, extent and duration of the act. ..... it was only when the negotiated settlement between the government of india and government of pakistan could not materialise that the government of india decided that the right, title and interest of evacuees in evacuee properties in india be acquired by the government and that the compensation to be paid to displaced persons would be confined to the utilization of the acquired evacuee property in india as well as any amount realised from ..... section 8 prescribes that officers mentioned in the said section shall be deemed to be public servants within the meaning of section 21 of the indian penal code, while section 9 sets up bar of jurisdiction of civil courts. ..... section 9 envisaged that all officers mentioned in the section shall be deemed to be public servants within the meaning of section 21 of the indian penal code. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1978Delhi735; [1978]114ITR753(Delhi)
..... shown on a tax credit certificate granted to any person under this section shall, on the certificate being produced before the income-tax officer, be adjusted against any liability of that person under the indian income-tax act, 1922, or this act, existing on the date on which the certificate was produced before the income-tax officer and where the amount of such certificate exceeds such liability, or where there is no such liability, the excess ..... the various documents, the conduct of the parties in relation to the transactions and the intention of the parties as may be gathered there from was the corporation only acting as a government agency to route the exports by the exporters was the corporation merely as an agent of the exporters or had the corporation title in the goods before shipment and the exporters were merely the sellers of goods in india to the corporation for the purpose of eventual export (12) on ..... corporation in support of the contention that notwithstanding the various unfavorable features of the arrangement on account of which the arrangement fell short of a concluded contract of sale with the resultant vesting and divesting of title in the property before export, title into the goods clearly passed in favor of the corporation or would in any event be deemed to have passed because the shipping documents in respect of the various shipment, being documents of title, were sufficient, without anything more, to effect .....
Tag this Judgment!Court : Delhi
Reported in : ILR1982Delhi1
..... the aac called for a report from the ito who submitted that even if the transactions feel short of the requirements of sale within the meaning of the transfer of property act read with indian registration act there had been, at least, relinquishment of the right, title and interest of the company over the 9 units of the property. ..... 67 where it was held that the assessed had transferred all its right, title and interest in a number of flats to the various flat holders even though there had been no registered document in respect ..... the same reasons as have been referred to earlier, it is, thereforee, not possible to say that the assessed-company, has relinquished its right, title and interest in the properties in question in favor of the intending purchasers. 13. ..... 27a of the specific relief act will not come to the aid of a person who has been put in possession of a property in pursuance of an agreement of sale to claim ownership or title in the property. mr. ..... the assessed in turn conveyed its rights, title and interest in the various flats to the flat ..... apart, as we have already pointed out, even where the doctrine could have been availed of, it was not considered to be sufficient to vest the transferee with title. ..... 4 of the land acquisition act for the acquisition of the property was issued by the collector on 30th august, ..... of the transfer of property act and s. ..... already stated, the intended vendees on their part did not submit any claim for compensation under the land acquisition act. .....
Tag this Judgment!Court : Delhi
Reported in : (1982)26CTR(Del)171; [1982]133ITR525(Delhi)
..... called for a report from the income-tax officer who submitted that even if the transactions fell short of the requirements of sale within the meaning of the transfer of property act read with indian registration act there had been at least relinquishment of the right, title and interest of the company over the 9 units of the property. ..... relied upon the fourth proposition set out in the head note at page 67 where it was held that the assessed had transferred all its right, title and interest in a number of flats to the various flat holders even though there had been no registered document in respect thereof. ..... reasons as have been referred to earlier, it is thereforee not possible to say that the assessec company had relinquished its right, title and interest in the properties in question in favor of the intending purchasers. ..... that this decision far from supporting the learned counsel actually holds that there can be no transfer of property in the absence of a registered document and that even the provisions of section 53a of the transfer of property act and section 27a of the specific relief act will not come to the aid of a person who has been out in possession of a property in pursuance of an agreement of sale to claim ownership or title in the property. mr. ..... reliance was placed on behalf of the department on the definition of 'transfer' contained in section 2(47) of the income-tax act, 1961 which includes relinquishment as well as extinguishment of rights, over a capital asset. .....
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