Court : Delhi
Reported in : ILR1973Delhi675
..... the industrial disputes act. the fiction works both ways, and must now he held in reverse. the fault in the reasoning propounded by counsel for the employers is that it breaks ..... demanded by the fiction. it is not the purpose or the effect of the fiction to alter the concept of the dispute arising under the payment of bonus act, which remains one between employers and employees. it is only a drafting device to make availa ble the machinery for investigation and settlement of disputes already established by ..... freed from the prospect of further or fresh proceedings. (16) this reasoning is fallacious because it forgets the fictions which section 22 of the payment of bonus act creates. it is important to remember that the fiction made it appropriate to use the word workmen instead of employees. the two words were equated by the need .....
Tag this Judgment!Court : Delhi
Reported in : ILR1975Delhi868
..... that any judicial proceeding is pending are protected (section 3); similarly protected are fair and accurate reports of judicial proceedings (section 4), fair criticism of judicial acts (section 5) and bona fide complaints made to a higher court concerning the presiding officer of a court (section 6). (17) section 14 lays down ..... personnel.''if we accept this slant on judicialisation as a functional limitation on the contempt jurisdiction we must exclude from its ambit interference with purely administratry acts of courts and non-judicial functions of judges. this dichotomy is implicit in the decided cases although the twilight of the law blurs the dividing lines ..... which is dear to the community and the function which deserves to be cordoned off from public molestation, is judicial. vicious criticism of personal amd administrative acts of judges may indirectly mar their, image and weaken the confidence of the public in the judiciary but the countervailing good, not merely of free speech .....
Tag this Judgment!Court : Delhi
Reported in : ILR1977Delhi97
..... in paragraph 2 of ext.pw-3/1. an assessment order was made by the income-tax officer for the assessmentyear 1963-64, for the assessment of l. bal mukand under the gifttax act, but the date of the assessment order is not given. theassessment order, ext. pw-1/2, states that shri r. c. sood hasattended on behalf of ..... -acquired property as the familyproperty. the legal concept of blending is embodied in the idea thatthere should be a conscious act of throwing the property into thejoint stock. the question is whether ext. pw-3/1 indicates thatl. bal mukand intended to throw the said two properties in the common stock and not to claim at any stage separate title ..... thereof. thereal intention behind the act of executing ext. pw-3/1 has to begathered. in my opinion, a clear intention of l. bal mukand to waivethe separate and exclusive right has been brought out in the declaration.the declaration of the intention of l .....
Tag this Judgment!Court : Delhi
Reported in : ILR1977Delhi739; 1978RLR111
..... . the same view has been taken by avadh behari, j. in suchitra kalsie vs. rajinder k. kalsie, 1975 plr d.s 79.(14) in mrs. rita nijhawan v. mr. bal krishan nijhawan, 1973 dlt 222, a division bench of this court held that the law is well settled that if either of the party to a marriage being a healthy ..... some incurable mental or moral disability resulting, in the man, in inability to consummate the marriage with the particular woman, or, 'n the woman, to an invincible repugnance to the act of consummation with the particular man, the marriage may, on the petition of either party. be declared null and void. it is further laid down in the footnote that where ..... ability to have intercourse in general.(13) in jagdish kumar v. smt. sita devi, , a learned single judge held that where the husband was wholly unable to perform the act of sexual intercourse with his wife for which he had full opportunity, having lived in the same room for two .or three days and nights immediately after the marriage, it .....
Tag this Judgment!Court : Delhi
Reported in : 15(1979)DLT336
..... the various sections of the act, it appears to me quite obvious that sec. 33 contemplates independent proceedings for a determination that the arbitration agreement or the award did not exist or either of ..... threshold that the impugned order being appealable under sees. 17 and 39 of the act no ' revision can be maintained separately against an order rejecting the application under sec. 33. rulings were also cited on either side but from a bare glance of ..... contesting on the basis of adverse possession. prithvi raj, bhim sen and his successor inder kumar have not challenged the award. some portion of the award has been acted upon and money appearspears to have been paid to prithvi raj and bhim sen in pursuance thereof. (4) the learned counsel for the respondent submitted at the .....
Tag this Judgment!Court : Delhi
Reported in : 1981(3)DRJ82
..... statement of a prosecution witness falling under section 162 of criminal procedure code can be used only for the purposes of contradicting the said witness under section 145 of the evidence act, not for any other purpose, for instance, corroborating prosecution or a defense witness or even court witness, nor can it be used as substantive evidence in favor ..... that the information with regard to his treatment by dr. prem parkash was imparted by the appellant himself, the only fact admissible u/s 8 of the evidence act would be pointing out of the shop of dr. prem parkash by the appellant and not the fact as to how he had received the tooth bite. needless ..... deceased during the course of scuffle. under sections 25 and 26 of the evidence act, no confession made to a police officer can be proved against the accused. section 27 of the evidence act being the solitary exception. u/s 27 of the evidence act only a material fact which is discovered as a sequel to disclosure statement is admissible .....
Tag this Judgment!Court : Delhi
Reported in : 22(1982)DLT3; 1983RLR522
..... performed by him.(2) she died on 24-10-1962. gupta applied for letters of administration on 29-1-1963 under section 278 of the indian succession act, 1925. the will was challenged by bal kishan dass, jai kishan dass, radhey sham and shayam sunder lal, sons of one kesho ram, on the one hand by objections filed on 8- ..... are not justified. a will has to be proved like any other document except as to the special requirements of attestation prescribed by section 63 of the indian succession act. ordinarily, when the evidence adduced in support of the will is disinterested, satisfactory and sufficient to prove the sound and disposing state of the testator's mind and ..... any one except mahant kanhai ram.(3) the learned district judge by his order dated 9-12-1963 allowed the prayer for grant of letters of administration to gupta. bal kishan and others did not file any appeal but instead opened another front and filed a civil suit no. 624164 for declaration that the will was forged, fictitious, illegal .....
Tag this Judgment!Court : Delhi
Reported in : AIR1983Delhi201
..... substantially severable then they can be considered to come within s. 2(j)(d) constitutional and competently enacted legislative provisions may well remove from the scope of the act categories which otherwise may be covered thereby. v. we overrule safdarjung : (1970)iillj266sc solicitors' case : (1962)illj241sc gymkhana : (1967)iillj720sc delhi university : ..... invocation of creeds, cuits or inner sense of incongruity or outer sense of motivation for or resultant of the economic operations. the ideology of the act being industrial peace, regulation and resolution of industrial dispute between employer and workmen, the range of this statutory ideology must inform the reach of the ..... in england and in this country. the expression 'carries on business' has the connotation of permanence and of regularity to distinguish it from an isolated act or activity. the amplitude of the expression 'carries on business', however, could not possibly be construed as having been restricted merely because it is .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1984)8ITD67(Delhi)
..... 1968, as on that valuation date, the assessee was owning agricultural land and since agricultural land was not an asset within the meaning of the wealth-tax act, 1957 ('the act') the said asset cannot be included as wealth in the hands of the assessee while computing the assessee's net wealth for the purposes of its charge ..... of a notification of the above section, the land does not vest in the government. the land vests absolutely in the government under section 16 of the land acquisition act and the vesting is free from all encumbrances.16. section 16 deals with the topic 'taking possession' and deals with the power to take possession. it reads, ..... 'declaration of intended acquisition' and reads as under: 6. declaration that land is required for a public purpose.--(1) subject to the provisions of part v (i of this act, when the appropriate government is satisfied, after considering the report, if any, made under section 5a, sub-section (2), that any particular land is needed for a public .....
Tag this Judgment!Court : Delhi
Reported in : ILR1982Delhi1008
..... form not elsewhere specified. i am unable to subscribe to such a suggestion. i wonder that it would even remotely be spelt out from any provision of the act. the act refuses to make any such distinction and no one neither the revenue nor the court can be permitted to do so. simply because import of defectives is permitted, ..... steel worth crores of rupees in different names over several years and escaped income tax and wealth tax and made an order under section 132a of the income-tax act directing the assistant collector not to release the goods. rather, the goods be handed over to the income-tax authorities. thereforee, the first question that naturally calls ..... for assessment of duty. it is alleged that at the time the order was placed with the foreign firm or entered the territorial waters, according to the customs tariff act, 1975 the duty chargeable for coils for re-rolling bars (including bright bars), rods, wire rods, strips, sheets and plates of stainless steel was 300% while in .....
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