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 : ILR1977Delhi517B
..... contained in the september 59 memorandum to class i officers of the ministry of irrigation and power after the enforcement of the december 59 memorandum constituted an act of hostile discrimination, in that the rules contained in the december 59 memorandum were made applicable to other service in the ministry, and as to the ..... necessarily include a provision for the quantum of holidays and leave and that for the purpose of construing clause 5 of the schedule to the industrial employment (standing orders) act, 1946, the expression 'condition' must be reasonably construed in a 'broad' and 'liberal' sense rather than in a narrow sense. relying-on the decision of the ..... north-west frontier province v. suraj natain anand(l), the judicial committee construed the expression 'conditions of service' in section 243 of the government of india act to be wide enough to include a provision regarding termination of service. this decision was followed by the supreme court in the case of pradyat kumar bose v .....
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 : AIR1978Delhi169; [1978]48CompCas419(Delhi); 14(1979)DLT124; ILR1978Delhi267; 1978RLR137
..... there before the amendment it is obvious that the amendment of 1960 which incorporated cls. (b), (c) and (d) in sub-section (2) of s. 446 of the companies act was intended to confer a very comprehensive jurisdiction upon the company court to decide all claims by or against the company. another objective for making these amendments was to empower ..... ), (c) and (d) ought to be interpreted in the same light in which the supreme court interpreted s. 45b of the banking companies act.24. the view which we are taking also finds support from the judgment of bal raj tuli, j. in punjab finance private ltd. (in liquidation) v. malhotra singh (1975) 45 comp cas 261,1075 tlr cl670.25. ..... once it is held that the present petition could be filed under s. 446(2)(b) of the companies act, the question of court-fees answers itself. the .....
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 : 18(1980)DLT369
..... on superdari basis. secondly such a finding is not relevant at all. it is at the most a judgment and such a judgment is not relevant under section 43 evidence act which reads as under : 'judgments, orders or decrees, other than those mentioned in sections 40, 41 and 42 are irrelevant unless the existence of such judgment, order or decree is ..... a fact in issue, or is relevant under some other provision of this act.'section 43 refers to sections 40 to 42 of evidence act. section 40 makes those judgments relevant which debar any court from taking cognizance of any fresh suit or holding of trial. that means that judgment .....
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 .....
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