Court : Delhi
Decided on : Feb-03-2005
Reported in : 117(2005)DLT527; 2005(82)DRJ346
..... bench of that court in the case of radhey shyam v. state of haryana, 1997 (6) slr 1. 22. section 2(a) was inserted in this act by amending act of 35 of 1965 which was effective from 1.12.1965 with a clear legislative mandate to enable an individual workman to raise an industrial dispute in relation to ..... employer and the employees in the regions is likely to be adverse disturbing industrial harmony understood in its larger sense. (5)while the appropriate government can examine the patent frivolousness of the demands, it shall not itself adjudicate on the demands made by the workman, which should be left to the labour court/tribunal concerned. the government ..... was ex facie bad and incompetent.'16. this view was followed with approval by the supreme court in the case of assistant executive engineer karnataka v. shivalinga, : (2002)illj457sc where the court after considering the judgments of ajaib singh (supra) and sapan kumar pandit v. u.p. state electricity board, 2001 scc 946 stated that the .....
Tag this Judgment!Court : Delhi
Decided on : Feb-03-2005
Reported in : 118(2005)DLT63; 2005(80)DRJ611; [2005(105)FLR1124]; (2005)IILLJ430Del; 2006(1)SLJ222(Delhi)
..... i.d. no. 370 of 1997.3. the delhi transport corporation is a body corporate created under section 3 of the road transport corporation act, 1950 read with the delhi transport laws (amendment) act, 1971 having perpetual succession and common seal. the corporation is involved in providing transportation in delhi. the workman sardar singh was appointed as a ..... respondent and pay him the back wages.'and in the case of jaipur zila sahakari bhoomi bank ltd. vikas v. shri ram gopal sharma and ors., : (2002)illj834sc where the supreme court held as under:' 14. where an application is made under section 33 proviso, the authority before which the proceeding is pending for approval ..... hereinafter referred to as the 'act') before the industrial tribunal, delhi which as already noticed was rejected by the labour court. against this order of the labour court dtc have come up in writ petition before the high court and the writ was allowed. however, upon an appeal the letters patent bench allowed the lpa and .....
Tag this Judgment!Court : Delhi
Decided on : Feb-11-2005
Reported in : 117(2005)DLT639; 2005(80)DRJ739
..... that he had no concern with the loan.16. as held by this court in the decision : air1985delhi464 mohd.shamim farooqi and anr. v. delhi wakf board, amendment can be allowed notwithstanding that it withdraws an admission made by a party. as clarified by their lordships of the supreme court, in the decision : air2000sc614 b.k. ..... , mode of calculation of interest, rate of interest etc. etc. in any case, it is submitted that plaintiff's figures disclosed after allegedly computing interest are patently wrong and denied. plaintiff is not entitled to charge interest @ 16.5% per annum compounded on monthly basis. same is illegal and/or otherwise is forbidden by ..... pay suit amount either towards principal or interest. plaint does not disclose the correct factual status for the principal amount and/or towards interest accrued thereupon. plaintiff cannot act both way. once the plaintiff has chosen to file a suit under order 34 cpc, it is bound to disclose the amount of interest, accrued/fallen due .....
Tag this Judgment!Court : Delhi
Decided on : Feb-17-2005
Reported in : 118(2005)DLT402; 2005(81)DRJ37
..... not independently of the proceedings.''the high court was clearly without jurisdiction in entertaining the application under section 151 and 152 to award the additional benefits under the amendment act 68 of 1984 or to amend the decrees already disposed of.'14. so is the view taken in union of india v. rangilaram : air1996sc206 , state of maharashtra v. maharau srawan ..... filed a regular first appeal. however, after the judgment of the regular first appeal, only the appellants came up in further appeal by filing the present letters patent appeal and the other parties accepted the judgment. it is only after a delay of almost 20 years that cm 804/2001 was filed by respondents no. 2 ..... to 17 seeking their impleadment as respondents which was allowed on 15.3.2002.4. the impleadment of the respondents, however, does not imply that they are ipso facto entitled to the enhanced claim to which the appellants are entitled. these .....
Tag this Judgment!Court : Delhi
Decided on : Feb-21-2005
Reported in : 117(2005)DLT717; 2005(30)PTC253(Del)
..... rights may have anomalous unintended consequences and were, incidentally, in excess of the requirement of berne convention. the section was amended to read:''57. author's special rights. -(1) independently of the author's copyright, and even after the assignment ..... creativity and ingenuity''. artists play an important social role by contributing to cultural heritage thereby also elucidating history.40. why do patents and copyrights go into the public domain after a lapse of time? (duration governed by municipal legislation). the answer is ..... and the state to acknowledge the value of artists' contributions to cultural heritage.''42. the 10th five year plan 2002-07 of the government of india outlines india's vision for art and culture. in chapter 2.12. it ..... thus brought at par with the berne convention. in conformity with the berne convention, section 57 of the copyright act 1957 protects the author's right of paternity as also the right of integrity. distortion, mutilation or modification if .....
Tag this Judgment!Court : Delhi
Decided on : Mar-03-2005
Reported in : (2005)195CTR(Del)66; 118(2005)DLT720; [2005]276ITR1(Delhi)
..... defect in the signature of the appellant in the memorandum of appeal was not an illegality or fatal but only an irregularity which could be rectified by amendment, the amendment taking effect from the date when the document had originally been filed. the memorandum as originally filed were not nullities and the tribunal had power to accept ..... notice here that in that very judgment of cit v. euracia publishing house (p) ltd., the court even clearly stated the principle that the mistake which is patent and obvious can be corrected and doctrine of merger does not apply where appeal is dismissed on ground of default, limitation or such defect. as such the respondents ..... while the memorandum of appeal not being signed by the prescribed person under rules would be an irregularity . irregularity is an expression of lesser effect as an act which is improper or inefficient by reason, or departure from the prescribed. it primarily connotes the neglect of order or method and may not be according to .....
Tag this Judgment!Court : Delhi
Decided on : Mar-04-2005
Reported in : 120(2005)DLT656
..... plr 381 in the context of exercise of power under section 67(1) of the punjab municipal act, 1911, which is in pari material with section 126(1) of the act, vis--vis the amendment of assessment list. the court held that: it follows that the municipal committee should inform the ..... be said to be in accordance with law, since it contained vague reasons. the notice indicated, against the heading reasons in brief for amendment in the assessment list the following grounds:erroneously valued increase in rent. alteration/ renovation 7. the notice proposed to increase the existing rateable ..... s. ravindra bhat, j.1. in this letters patent appeal, the judgment and order of a learned single judge, allowing the writ petition of mcd ( wp 6935 ..... section 444 of the act, when it would be delivered in the ordinary course of post, unless a contrary date is proved.3. the judgment under appeal dated 27.2.04, has relied upon the decision in municipal corporation of delhi v. r.k. khandelwal, : 101(2002)dlt169 . that .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Apr-01-2005
Reported in : (2005)(186)ELT90TriDel
..... 442 (cegat-lb)] wherein it has been held that the power of rectification of mistake under section 129b of the act is a limited power and this power is restricted to rectification of mistakes apparent from the record calling for amendment of the order. it has been held by the supreme court in the case of s. balram, income-tax ..... of the duty which had been paid by them in excess before the abatement was allowed; that in view of this, the provisions of section 27 of the customs act regarding unjust enrichment are applicable.4. we have considered the submissions of both the sides. the applicants, through the present application, are challenging the findings given by us ..... officer company v. volkart brothers, air 1971 sc 2204 that a mistake apparent on record must be an obvious and patent mistake not something which can be established by a .....
Tag this Judgment!Court : Delhi
Decided on : May-05-2005
Reported in : 120(2005)DLT300; [2005]142STC376(Delhi)
..... (both dated 24th february, 1983) in the present writ petition.3. counter-affidavit on behalf of the respondents was filed wherein it was stated that in view of the 46th amendment act, 1982 of the constitution of india, the writ petition was not maintainable as the provisions had become effective from 2nd february, 1983 and section 6(2) of the ..... . volkart brothers and ors. : [1971]82itr50(sc) again the same view was expressed and it was held as under :-'a mistake apparent on the record must be an obvious and patent mistake and not something which can be established by a long drawn process of reasoning on points on which there may conceivably be two opinions. as seen earlier, the high ..... case of union of india and anr v. narayanbhai keshavlal patel air 1985 guj31, where the court held as under :-'on the other hand, it may be a case where patently there is an error in the approach and the subscribed may be able to convince the authority of it, given a chance. we read r.421 as needing such an .....
Tag this Judgment!Court : Delhi
Decided on : May-05-2005
Reported in : 120(2005)DLT525; 2005(82)DRJ664
..... government should be understood in its correct perspective and its substitution by a vested right in the owner for release of the land from acquisition would be patent misconstruction of the provisions. thus, the jurisdiction of the court to interfere in this administrative exercise of power by the authorities falls within a very narrow ..... be deemed to be suitably varied by acquisition and it is not necessary for the authorities to follow the procedure for amendment under the town planning act.17. still, in another judgment in chandragauda ramgonda patin and anr. v. state of maharashtra and ors. : (1996)6scc405 , their lordships of the supreme ..... is submitted to the lieutenant governor for acceptance. de-notification according to the policy is done on the guidelines. the petitioner has alleged that on 14.4.2002 representation annexure 'e' was submitted to the lieutenant governor praying for denotificationthe land belonging to petitioner's society. it appears that decision has not yet been .....
Tag this Judgment!