Court : Delhi
Decided on : Dec-22-2005
Reported in : 2006(87)DRJ51; (2006)IILLJ577Del
..... .5.the director general (labour welfare), ministry of labour, issued a notification dated 08.09.1994 under sub-section (1) of section 10 of the contract labour (regulation and abolition) act, 1970 (37 of 1970) prohibiting employment of contract labour in the work mentioned in the schedule, a true copy of which is annexure h to the writ petition.6. it ..... .11. it is alleged in para 8 that the contract labourers are the workmen of the contractor and there is an alternative remedy available to them under the industrial dispute act.12. in para 10, it is alleged that the ministry of labour, government of india, has issued a notification dated 08.09.1994, annexure-h to the writ petition prohibiting .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-19-2005
Reported in : 2006(4)CHN870
..... in dock as the person who actually committed rape on her. she has also categorically stated that after the act was over, her mother was calling by taking her nick name. according to this witness, hearing that sound the accused fled away from that place and thereafter, ..... a vivid account of the alleged commission of rape on her by the accused/appellant. she has further stated that while the accused was trying to commit that act, she tried to raise alarm but she was prevented in doing so and she was threatened with dire consequences by the accused. this witness clearly identified the accused ..... her mother that the accused forcibly took her and her sister to the bush and thereafter, the accused committed rape on her. she also informed that due to such act of the accused she sustained pain in her vagina. hearing that, the complainant examined the vagina of her eldest daughter s. vijayalaxmi and found that there was swelling .....
Tag this Judgment!Court : Delhi
Decided on : Dec-13-2005
Reported in : 127(2006)DLT517; 2006(86)DRJ365
..... with the petitioner. being an independent legal entity it is not a subsidiary of the railways in any manner and thereforee, cannot be sued under the railway claims tribunal act. that being the position, the learned tribunal was right in dropping respondent nos. 3 to 8 from the array of parties. i see no infirmity in the order ..... entered into an independent contract with the petitioner could not be sued before the railway claims tribunal in view of the embargo under section 13 of the railway claims tribunal act. he also contends that respondent no. (ii) (c) is not be running away from the liability if they be held responsible, but cannot be sued under the ..... order dated 8.12.1998 has directed that the applicant/petitioner herein cannot sue the respondent nos. 3 to 8 according to section 13 of the railway claims tribunal act. claims application can be filed only in respect of the responsibility of the railway administration and that the respondent nos. 3 to 8 not being part of the railway .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-12-2005
Reported in : AIR2006Kant107
..... circumstances to determine what was intended.2) if a transaction embodied in the document takes place after the amendment to section 58(c) of the transfer of property act by act 20 of 1929, and if the sale and agreement to re-purchase are embodied in separate documents that the transaction is not a mortgage.i) if the transaction ..... holding that plaintiff being the brother of kasimsab has interest in getting the property redeemed in view of the provisions of section 91(a) of the transfer of property act. both the courts below have held concurrently on the question of fact that the first defendant has failed to prove that kasimsab has left behind the wife rabia bi ..... as the document is a usufructuary mortgage condition imposed therein which is clog on redemption is void in view of the provisions of section 60 of the transfer of property act. being aggrieved by the said judgment and decree, the first defendant preferred ra. no. 48/99 on the file of addl. civil judge (sr. dn.) bellary, and .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-07-2005
Reported in : AIR2006P& H130
..... the present application on merits will invite the same contentions which are to be considered by the court for deciding the application under section 5 of limitation act as well as the review application filed under order 47, rules 1 and 3 of civil procedure code.in view of the statement of the learned advocate general ..... /-,4. the claimants remained dissatisfied with the market value of the acquired land assessed by the land acquisition collector. they claimed references under section 18 of the act, the matter was consequently referred to the reference court.5. the aforesaid reference applications were also assigned to various courts. vide judgment dated october 9, 1991 ..... (now treated as cross-appeals) have been filed by the state of haryana after the expiry of limitation. applications under section 5 of the limitation act have also been filed seeking condonation of delay. learned counsel appearing for the claimants have no objections if the prayer for condonation of delay made by .....
Tag this Judgment!Court : Delhi
Decided on : Dec-05-2005
Reported in : 2006(89)DRJ114
..... lessee or his legal heirs notwithstanding the fact that the lease has already expired: provided further that where an area reserved under rule 58 or under section 17a of the act is proposed to be granted to a government company, no notification under clause (ii) shall be required to be issued:provided also that where an area held under ..... the matter of registration of the sale deed-cum-sub-lease deed merely because a document can be registered at delhi by virtue of section 30(2) of the registration act, territorial jurisdiction in the courts at delhi cannot be inferred. moreover, the petitioner-association is already having some litigation before the courts of u.p. and at one ..... thereof can be' filed in any high court of the country. it is not so done because a cause of action will arise only when the provisions of the act or some, of them which were implemented shall give rise to civil or evil consequences to the petitioner, a writ court, it is well settled, would not determine .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-03-2005
Reported in : RLW2006(2)Raj914; 2006WLC(Raj)UC436
..... of divorcee. on such remarriage that status of divorcee comes to an end and she acquires another marital status as someone's spouse. under the hindu adoption and maintenance act as well as under section 125 cr.p.c. wife includes a divorcee. therefore, when the wife remarriage, her claim of maintenance primarily comes to stand against her ..... mrs. beatrice honor agatha goodall air 1938 bombay 12110. we have given our careful consideration to the rival contentions. the scheme of section 25 of the hindu marriage act, 1955 suggests that there is no room for recovery of any periodical sum paid under order passed under section 25. the power to vary, modify or rescind an ..... only be in respect of liability that becomes due in future.8. learned counsel for the petitioner urges that sub-section 3 of section 25 of the hindu marriage act, 1955 does not make any distinction between permanent alimony and decree of periodical maintenance. the power of the court to amend, vary, modify or cancel the order .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-01-2005
Reported in : II(2006)ACC390
..... to the appellant.3. initially, the claimants mahaveer and smt. sheela, parents of deceased sandeep jain filed an application for compensation under sections 166 and 140 of the motor vehicles act, 1988 before the motor accident claims tribunal, bundi a in respect of death of sandeep jain in an accident, which took place on 24.5.1990 arising out of use .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Nov-25-2005
Reported in : (2006)102TTJ(Delhi)936
..... state financial institutions besides banks and public financial institutions. the definition of the word 'interest' was also modified.10. in the scheme of the act, section 5 of the act defines the scope of chargeable interest to mean the total amount of interest of a credit institution other than interest on loans and advances to other ..... as well. the learned departmental representative further seeks to draw attention of the bench to the expression used in sub-section (7) of section 2 of the act is 'loans and advances'. the assessee's counsel however, has sought to rely upon the judgments of various courts which have considered the definitions of 'loan' and ..... , contended that in that view of the matter interest earned on deposits and securities bonds would fall outside the scope and ambit of chargeable interest under this act.7. shri dwivedi also states that if the tribunal is of the view that two interpretations are possible, then also the possible interpretation which reads favourable to .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Decided on : Nov-25-2005
Reported in : (2006)102ITD45(Mum.)
..... a distinction between a domestic and a non-domestic company. that distinction is on the basis of its definition provided in section 2. the finance act also creates a distinction between the two on the basis of distribution of dividend.where a korean company having a permanent establishment in india declares and ..... does not provide any authority to the central government to enter into agreement for applicability of rates and taxes contrary to what it provided in annual finance act. thus prescription and application of particular rates of taxes on different entities come within the exclusive domain of parliament. dtaa could not, therefore, cover a compromise ..... by providing specific rates on different types of income, meaning thereby, according to learned dr, charging non-domestic companies at higher rates by virtue of finance act will not tantamount to discrimination.7. we have considered the rival submissions, material on record and case laws cited by the parties. in our considered view .....
Tag this Judgment!