Court : Delhi
..... services conditions of nurses working in private hospitals/nursing homes is required, considering the fact that there are already many acts such as wages act, labour act and clinical establishment (registration and regulation) act, 2010 etc. to regulate wages and service conditions; to make recommendations/guidelines on the basis c) of which ..... service conditions of nurses working in private hospitals/nursing homes is required, considering the fact that there are already many acts such as wages act, labour act and clinical establishment (registration and regulation) act, 2010 etc. to regulate wages and service conditions 10. some of the member-hospitals of the petitioner-association received, ..... raised by the present petitioner, founded on the premise that the expert committee was required to follow the procedure prescribed in the minimum wages act, and act in accordance with the said statute, would not go undecided.33. there is, equally, no legal embargo on directing payment of salary, to .....
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..... of such munitions, explosives, radiation or radio-activity, and natural catastrophes such as earthquake hurricane, typhoon, volcanic activity, floods or (v) epidemics. acts of god or acts of governmental action in its sovereign capacity, restriction on (vi) shipping which prevents or impedes due performance of the contract agreement. notice of force majeure ..... would remain involved in the setting up and the development of the project which included the plant, indeen construed this action of dipl as an act of renunciation and/or repudiation of the agreement arrived at between them.20. accordingly, via communication dated 28.03.2012 indeen triggered the arbitration agreement ..... . coram: hon'ble mr. justice rajiv shakdher rajiv shakdher, j: preface 1. this appeal preferred under section 37 the arbitration and conciliation act, 1996 (in short '1996 act') is directed against the order dated 15.09.2016, passed by the arbitral tribunal. the arbitral tribunal via the impugned order has held for .....
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..... by the arbitrator, which cannot be said to be perverse or unreasonable, cannot be interfered with by this court in exercise of its limited jurisdiction under section 34 of the act.9. learned counsel for the petitioner has further challenged the award of certain claims where the arbitrator has relied upon boq items in the contract. for these claims the petitioner .....
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..... by the arbitrator, which cannot be said to be perverse or unreasonable, cannot be interfered with by this court in exercise of its limited jurisdiction under section 34 of the act.9. learned counsel for the petitioner has further challenged the award of certain claims where the arbitrator has relied upon boq items in the contract. for these claims the petitioner .....
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..... economic offences affecting the financial and economic well being of the state , such as murder, attempt forgery, rape, dacoity, financial or economic frauds, cases under arms act, etc., the reason being that such offences to murder, extortion, mental depravity , as crl. m.c. no.613/2019 page 6 of 8 are not ..... if it arises out of commercial (financial, mercantile, partnership or such other) transaction - and this would include the cheque bouncing cases under section 138 n.i. act - or matrimonial dispute or family dispute , genuine resolution on equitable terms, in entirety, by the parties should result in criminal proceedings being quashed. (v). since ..... second respondent that certain other cases involving the parties have come to an end, her petition under section 12 of protection of women from domestic violence act, 2005 having been withdrawn, the criminal miscellaneous petition challenging the interim order having been also dismissed as withdrawn, cases arising out of the three other .....
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..... conjunction therewith, mr. mani draws my attention to the definition of reasonable accommodation , as contained in clause (y) of section 2, of the rpwd act, which may be reproduced thus: (y) reasonable accommodation means necessary and appropriate modification and adjustments, without imposing a disproportionate or undue burden in a particular ..... where specified disability has been defined in measurable terms, as certified by the certifying authority. it may be noted that the erstwhile persons with disabilities act, 1995, under which for persons with disabilities in admissions was provided earlier has now been repealed. reservation 11. it is further sought to be ..... thereof, thus: 9.3 reservation of seats disabilities (pwd) (supernumerary seats) for persons with reserved as per the provisions of rights of persons with disabilities act, 2016, not less than five percent (5%) seats are for persons with benchmark disabilities. person with benchmark disability means a person with not less than .....
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..... inapplicable to the present case. 23. in the present case, the circumstances clearly warranted the petitioners to ascertain whether ms shefali varma had the requisite authority to act on behalf of the companies. the subject matter of the agreement was a land owned by the companies. as noticed above, the recitals of the agreements ..... irregularities by making inquiries that are normally expected to be made before entering into such transactions, cannot seek recourse of doctrine of indoor management if he has acted negligently and not made the inquiries that are normally made in such cases. transactions, which are beyond the scope of the apparent authority of the person ..... be settled by arbitration referred to a sole arbitrator, to be mutually appointed by the disputing parties in accordance with the provisions of the arbitration and conciliation act, 1996 and any statutory amendments thereto from time to time. 16.2 the award of the arbitrator/s shall be final and binding m1 the parties to .....
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..... upon any party, like the petitioner in this case. in a particular case where there is a clause of liquidated damages the court 1 the effect of the indian contract act of 1872, sec. 74, is to disentitle the plaintiffs to recover simplicitor the sum of rs. 10,000, whether as penalty or liquidated damages. the plaintiffs must ..... each and every limb of his reasoning, in substance, the following findings of fact cannot be interfered with by me while exercising jurisdiction under section 34 of the 1996 act. 25.1 the first finding of fact returned by the learned arbitrator is that the delay is attributable to the petitioner. 25.2 the second finding of fact, returned ..... suffered any loss and that loss could not be proved in the facts and circumstances of the case. 21.4 fourth, while exercising jurisdiction under section 34 of the 1996 act, this court cannot reappreciate the evidence. reasons:22. i have heard learned counsel for the parties and perused the record. 22.1 according to me, the facts which .....
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..... also note, the supreme court in aggarwal and modi enterprises pvt. ltd. v. new delhi municipal council (2007) 8 scc75 interpreting section 141(2) of the new delhi municipal council act, 1994 held that the mandate thereof is that any immovable property belonging to ndmc is to be sold, leased, licensed or transferred on consideration which is not to be less ..... dated september 26, 2009. however, no action has been taken. it is a conceded case that respondent had initiated proceedings under the public premises (eviction of unauthorized occupants) act, 1971 (in short p.p. act ) and on january 27, 2016, the said proceedings have been decided by the estate officer, who directed the eviction of the petitioner from the subject shop. this .....
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..... and is liable to be revoked.9. the defendants have, thereafter, filed their written statement raising defences of invalidity under section 64 of the patents act, 1970 (hereinafter, patents act ). it is further averred by the defendants that in view of the various statements made by the plaintiff in prosecution of the corresponding patent in the ..... in their conduct, as they have not disclosed their beam patterns, in the entire proceedings. thus, relying upon sections 104 and 114 of the indian evidence act, 1872 it is submitted that the non- production of a document would raise a presumption that the said document, if produced, would be detrimental to the party ..... qualify as new discoveries. this objection is based on the prior art documents which have been considered hereinbefore. c) under section 3(d) of the patents act the plaintiff seeks to introduce asymmetry in beam patterns to increase subscriber capacity for a particular area, however, as per the plaintiff s own admission, a degree .....
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