Court : Delhi
Reported in : 95(2002)DLT425
..... v. executive engineer, southern railway and anr. : (1982)illj330sc , where 'the termination was founded on the ground of unauthorised absence from duty which clearly was an act of the employer'. similarly, i can see no justification for counsel for dtc making a reference to m. venugopal v. divisional manager, life insurance corporation of india, ..... the constitution.this can be of little assistance to the dtc, since the petitioners before me can fully rely on the protection of the industrial disputes act which postulates inter alias that the workman should be allowed an opportunity of a hearing/enquiry before his services are terminated.the constitution bench returned the ..... only to quasi-judicial orders but to administrative orders affecting prejudicially the party-in-question unless the application of the rule has been expressly excluded by the act or regulation or rule which is not the case here. rules of natural justice do not supplant but supplement the rules and regulations. moreover, the .....
Tag this Judgment!Court : Delhi
Reported in : 96(2002)DLT194; [2002(95)FLR478]
..... with respondent no.1 or any other body. it only seeks to meaningfully exercise the rights which have been conferred by the contract labour (regulation and abolition) act, 1970. it is indeed unfortunate that in order to avail the rights conferred by parliament the petitioners have already had to wait for five long years, ..... other suitable order or direction to the government of national capital territory of delhi to constitute a committee under section 5 of the contract labour (regulation & abolition) act, 1970 to go into the question of abolishing employment of contract labour by the delhi state civil supplies corporation, respondent no.1, in the work of handling, ..... in this distribution had applied to respondent nos. 2 and 3 for referring their case to the state advisory board under the contract labour (regulation and abolition) act, 1970. a number of reminders have been addressed to these respondents but they have failed to motivate and move the respondents to take any decision. the receipt .....
Tag this Judgment!Court : Delhi
Reported in : (2002)74TTJ(Del)337
..... government of india are enforceable at law and consequently, any agreement opposed to such policy would be void. even otherwise, section 23 of the contract act itself declares the agreement void if it is opposed to public policy. thereforee, the contention of the learned senior departmental representative that only the prohibition by ..... permission of the textile commissioner in spite of prohibition against sale of spindles without such permission contained in a control order issued under the essential commodities act, the agreement being illegal, could not be enforced. for similar reasons, the buyer who had paid advance in pursuance of the agreement, would not ..... disposed of in view of the absolute prohibition by the provisions of woollen textiles (production and distribution) control order, 1962, issued under the essential commodities act, 1955. consequently, the suit could not be decreed in favor of the plaintiff. after referring to various decisions of hon'ble supreme court, the high .....
Tag this Judgment!Court : Delhi
Reported in : 96(2002)DLT189; 2002(62)DRJ77
..... hadbeen invoked. the petitioner, thereforee, does not have any legal right to continue tooccupy the premises. the proceedings under public premises (eviction ofunauthorised occupants) act, 1971 were initiated. the order passed therein was thesubject matter of the writ petition.9. the learned counsel appearing on behalf of the respondents, mr ..... 2001,the answering respondent had taken steps, foroperating the hospital pharmacy and for that end inview the drug controller/licensing authority underthe drugs & cosmetics act, 1940, was contacted.3. that the answering respondent has beeninformed and advised that the hospitals run by thegovt. and its agencies and instrumentalities ..... for the with.as the appellant did not vacate the premises, action was initiated under the provisionsof the public premises (eviction of unauthorised occupants) act and an evictionorder was passed. against the eviction order the appellant preferred an appeal whichwas dismissed by the addl district judge vide order dated .....
Tag this Judgment!Court : Delhi
Reported in : 2002VAD(Delhi)690; 97(2002)DLT347; [2003(97)FLR709]; 2003(1)SLJ200(Delhi)
..... envisaged in the said order that the employees who failed to apply under the scheme would be eligible only for retrenchment under the provisions of the industrial disputes act, 1947. a representation was made by the petitioners for keeping in abeyance the said scheme till the bifr considers the issue or in the alternative pay wages ..... section 3(1)(o) of the said act. the petitioner and other officers of the respondent no. 2 corporation also moved the bifr to be imp leaded as party and sought directions for revival of respondent ..... no. 2 corporation was also referred to board for industrial and financial reconstruction (for short the bifr) under section 15(1) of the sick industrial companies (special provisions) act, 1985 (for short the said sica) in december, 1999. the bifr declared respondent no. 2 corporation as a sick industrial company in terms of the provision of .....
Tag this Judgment!Court : Delhi
Reported in : 97(2002)DLT646; 2002(62)DRJ7a
..... doubted that the term 'owner' has to be understood in the context of the background of the law and what is contemplated in the scheme of the act, this act has been enacted for protection of the tenants. but at the same time it has provided that the landlord under certain circumstances will be entitled to eviction ..... , even assuming for the sake of argument that the relinquishment deed should be ignored, the petition is still maintainable.3. section 14(1)(e) of the drc act specifically enables only the owner of residential property, in contradistinction to its mere landlord, to seek the eviction of the tenant for the owner's bona fide residential ..... relevant questions that have arisen in these proceedings.2. the facts are that the appellant's tenancy commenced on permission being granted under section 21 of the drc act. the petition had been filed by smt. lajwanti devi, the mother of the respondent smt. iqbal kaur. the uncontrovertable assumption that can be immediately drawn is that .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (2004)88TTJ(Delhi)87
..... against which no appeal was preferred by the revenue. thus, even in assessment year 1995-96, the assessee was allowed exemption under section 10(22) of the act. in the assessment year 1996-97, the assessing officer himself granted exemption under section 10(22), but in the year under consideration, the assessing officer again ..... cannot be said that the institution was existing solely for educational purposes and such institution will not be eligible for exemption under section 10(22) of the act. the assessing officer also observed that in order to get exemption under section 10(22), the assessee should have primarily engaged itself in educational activities. it ..... , rajouri garden and naraina, new era public school, pochanpur. the society is not registered under section 12a nor recognised under section 80-g of the income tax act, 1961. following are the members of the society during the year, mrs. usha chopra, mrs. vandana chawla and mrs.aradhana sondhi were the principals, vice-principals .....
Tag this Judgment!Court : Delhi
Reported in : (2004)88TTJ(Del)97
..... cannot be said that the institution was existing solely for educational purposes and such institution will not be eligible for exemption under section 10(22) of the act. the assessing officer also observed that in order to get exemption under section 10(22), the assessed should have primarily engaged itself in educational activities. it ..... be denied to the assessed vide cit v. maharaja sawai mansinghji museum trust .9. the assessing officer, thereforee, denied exemption under section 10(22) of the act to the society. aggrieved by the order of the assessing officer, the appeal was filed. the commissioner (appeals) confirmed the findings of the assessing officer against ..... which no appeal was preferred by the revenue. thus, even in assessment year 1995-96, the assessed was allowed exemption under section 10(22) of the act. in the assessment year 1996-97, the assessing officer himself granted exemption under section 10(22), but in the year under consideration, the assessing officer again .....
Tag this Judgment!Court : Delhi
Reported in : (2004)88TTJ(Del)85
..... accepting loan. to contend that the assessed and its sister concern/relatives are one and the same person, is wholly in contravention of the provisions of the act. clearly, the sister concerns or the directors or their relatives are different persons. in our considered opinion it is not legally correct to contend that the assessed ..... this circular was not in accordance with the language of section 269ss, it was also stated that in taxing statute only literal interpretation of the provisions of the act is required to be done and there is no question of any equity or the liberal interpretation while construing the provisions. it was further submitted that the ..... the learned commissioner (appeals) has erred in accepting assessed's explanationn of there being bona fide belief that such transactions were not covered under section 269ss of the act, despite the fact that out of total transactions of rs. 39,87,063 transactions amounting to rs. 19,51,093 were through account payee cheques. '2. .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (2002)(82)ECC748
..... central excise, allahabad. the appellant is engaged in the manufacture of sugar and molasses failing under chapter sub-heading 1701.31/39 and 1703.10 of the central excise tariff act, 1985. they store molasses in steel tanks while conducting scrutiny of rt 12 returns of molasses for the month of october, 1998, it was noticed that 746.65 quintals of .....
Tag this Judgment!