Judgment Search Results Home > Cases Phrase: the koodalmanickam devaswom act 1971 Court: delhi Page 1 of about 2,560 results (0.169 seconds)

Brijesh Kumar Verma vs.aurangjeb & Anr.

Court : Delhi

..... the appellant s building falls within the definition of building and other construction work as defined in section 2(1)(d); respondent no.1 is a building worker within the meaning of section 2(1)(e) of the bocw act; the appellant s building is an establishment within the meaning of section 2(1)(j) of the bocw act as the cost of the construction was more than rs.10 lakhs; respondent no.2 is a contractor within the definition of section 2(1)(g) of the bocw act and the appellant, being the owner, is an employer within the definition of section 2(1) (i) of the bocw act which includes the ..... (2016) 10 scc329 the appellants challenged the applicability of building and other construction workers' (regulation of employment and conditions of service) act, 1996 (hereinafter referred to as the bocw act ) and the buildings and other construction workers' welfare cess act, 1996 (hereinafter referred to as the welfare cess act ) on the ground that they were registered under the factories act, 1948 and therefore, they were not covered by the definition of building or other construction work as contained in section 2(1)(d) of the bocw act and, therefore, the said act was not applicable ..... may observe with great respect that the division bench of this court in travancore devaswom board v. ..... sandham2) [(1971) 1 wlr1062 (1971) 2 all er1267 observed: one must not, of course, construe even a reserved judgment of russell, l.j.as if it were an act of parliament ..... simmonds, (1971) 3 all er237 (1971) 1 wlr1381 .....

Shri Krishan vs.jasoda Devi and Ors

Court : Delhi

..... , (2016) 10 scc329 the appellants challenged the applicability of building and other construction workers' (regulation of employment and conditions of service) act, 1996 (hereinafter referred to as the bocw act ) and the buildings and other construction workers' welfare cess act, 1996 (hereinafter referred to as the welfare cess act ) on the ground that they were registered under the factories act, 1948 and therefore, they were not covered by the definition of building or other construction work as contained in section 2(1)(d) of the bocw act and, therefore, the said act was not applicable ..... to them by virtue of section 1(4) of bocw act ..... we may observe with great respect that the division bench of this court in travancore devaswom board v. ..... simmonds, (1971) 3 all er237: (1971) 1 wlr1381(hl)]. ). .....

Kismat Singh vs.piariya Devi & Ors

Court : Delhi

..... . section 12 of the employee s compensation act is reproduced hereunder: section 12 contracting (1) where any person (hereinafter in this section referred to as the principal) in the course of or for the purposes of his trade or business contracts with any other person (hereinafter in this section referred to as the contractor) for the execution by or under the contractor of the whole or any part of any work which is ordinarily part of the trade or business of the principal, the principal shall be liable to pay to any employee employed in the execution of the work any compensation which he would have ..... been liable to pay if that employee had been immediately employed by him; and where compensation is claimed from the principal, this act shall apply as if references to the principal fao2702011 page 16 of 47 were .....

L.D. Nayar and Sons Vs. Punjab National Bank and ors.

Court : Delhi

Reported in : AIR2008Delhi179; 151(2008)DLT27

..... to prevent arbitrary use of powers to evict genuine tenants from public premises and to limit the use4 of powers by the estate officers appointed under section 3 of the pp(e) act, 1971, it has been decided by government to lay down the following guidelines: (i) the provisions of the public premises (eviction of unauthorised occupants) act, 1971 [pp (e) act, 1971] should be used primarily to evict totally unauthorized occupants of public authorities or subject5s, or employees who have ceased to be in their service and thus ineligible for occupation of the premises. ..... (ii) the provisions of the pp(e) act, 1971 should not be resorted to either with a commercial motive or to secure vacant possession of the premises with a commercial motive or to secure vacant possession of the premises in order to accommodate their own employees, where the premises were in order to accommodate their own employees, where the premises were in occupation of the original tenants to whom the premises were let either by the public authorities or the person from who the premises were acquired. .....

Apeejay School Vs. Sh. Darbari Lal and ors.

Court : Delhi

..... punjab national bank : air 1991 sc 855 the applicability of the delhi rent control act was held to be barred in view of the special legislation relating to public premises in the public premises act, 1971.for the reasons aforesaid, the remedy of appeal before the school tribunal provided in the school act, was contended to bar the remedy before the industrial adjudicator under the i.d. ..... union of india : air 2003 sc 4493 where in relation to the delhi rent act, 1995, the supreme court held that when the legislature itself had vested the power in the central government to notify the date from which the act would come into force, then, the central government is entitled to take into consideration various facts while considering when the act should be brought into force or not and no mandamus can be issued to the central government to issue the notification bringing the act into force. ..... the petitioner contended before the labour court that it was a recognized private unaided school within the meaning of the delhi school education act, 1973 (school act); that section 8(3) of the said act provides the remedy of appeal before the delhi school education tribunal (school tribunal) to any employee of the school against any order of dismissal, removal or reduction in rank; that in view of the existence of the specific remedy provided in the school act, the labour court had no jurisdiction to entertain the dispute.3. .....

M.P. Mattur and ors. Vs. Union of India and ors.

Court : Delhi

Reported in : 1991(21)DRJ249

..... there is only one constraint which is stipulated in section 19-b of the laws amendment act, 1971 which is as under :19-b.corporation to obtain the approval of the central government in certain cases in the exercise of any of its powers under this act, the corporation shall not incur on any single work,service or scheme or of any other purpose a capital expenditure of more than twenty five lakhs of rupees except with the previous approval of the central government.it was thereforee contended that constraint is not an disposal of properties, moveable or immovable. ..... circular of 4/02/1979have to be adhered to and that is prior approval of the ministry of shipping and transport has to be obtained, furthermore the housing stock has to be replenished the necessity to obtain the approval of the ministry of shipping and transport is on account of the provisions stipulated under section 19(b) of the laws amendment act, 1971. ..... banerjee'scontention that under section 19-b of the delhi road transport law(amendment) act, 1971 prior approval of the central government is necessary in the case is without substance. ..... it was on account of the delhi road transport laws (amedment)act, 1971 that the road transport act, 1950 was made applicable to delhi by carrying out amendments therein. ..... banerjee then contended that decree if passed would beviolative of the provision of the public premises (eviction of un-authorisedoccupants) act, 1971 (hereinafter called the pp act). .....

The Staff Superintendent of State Bank of Patiala Vs. the Presiding Of ...

Court : Delhi

Reported in : 1985(1)SLJ411(Delhi)

..... there has been a lapse of time or that a party to the dispute was, by the earlier refusal, led to believe that there would be no reference and acts upon such belief, does not affect the jurisdiction of the government to make the reference.further,in the light of the nature of the function of government and the object for which the power is conferred on it, it would be difficult to hold that once the government has refused to refer, it cannot change its mind on a reconsideration of the matter either because new facts have come ..... section 11a introduced by the industrial disputes (amendment) act, 1971 (45 of 1971), with effect from 15th december, 1971 was already on the statute book when the earlier order of refusal was passed. ..... to light or because it had misunderstood the existing facts or for any other relevant consideration .....

R.S. Ramachandran Vs. Contempt Proceedings Initiated by the Court on I ...

Court : Delhi

Reported in : ILR1975Delhi868

..... a notice to show cause why action should not be taken against the respondent under the contempt of courts act, 1971 (hereinafter called 'the act') in respect of the said letter, dated 3rd june 1974, had been directed to issue by a division bench of this court on 24-7-1974. ..... (6)there was no personal malice on the part of the respondent; on the other hand, his motivations were to bring about ideal conditions; if there had been any excessive zeal in this respect it ought to be ignored; (7)in any case, truth is now a justification under the act (of 1971) whatever may have been the prior position; (8)the procedure adopted in this case is defective sinee there was no power to issue a second 'motion' on 16-5-1975. ..... observed as follows in the same case : '...thevery conspectus of the statutory provisions and the ethos and raison d'etre of the jurisdiction persuade as to the conclusion that the text of the act must :take its colour from the general context and confine the contempt power to the judicial-cum-para-judicial areas including those administrative functions as are intimately associated with the exercise of judicial power'. ..... (12) it would seem helpful to understand the scheme of the act and how some of the material provisions, old and new, have been construed by the decisions of the supreme court and some of the high courts in india, in the background of the american and english approaches to this question, before we deal with each and every contention urged before us. .....

Karan Singh Tanwar Vs. the Estate Officer and ors.

Court : Delhi

Reported in : 2007(98)DRJ414

..... the said writ petition was filed challenging the order of the estate officer dated 30th august, 2002 and also the order of the appellate authority dated 17th april, 2004 passed against the appellant under the public premises (eviction of unauthorised occupants) act, 1971 (hereinafter referred to as the act) in respect of the land measuring 4 bighas and 16 bids was situated in village naraina, ring road, new delhi. ..... on going through the records, the division bench held that handing over and taking over of possession was witnessed by officials of the land acquisition collector, army authorities and others evidencing the fact of taking over possession on 15.12.1977 and, thereforee, there was inter se handing and taking over of possession under the provisions of the land acquisition act, which had the effect of absolutely vesting the property in the government free from all encumbrances and the predecessors of the writ petitioners in the said cases had ..... it is also the stand of the appellant that the land in question was abadi land and not the land of the cantonment board and, thereforee, no proceeding under the act could have been initiated in respect of the aforesaid land and no order/direction could have been issued to dispossess the appellant inasmuch as the land occupied by the appellant did not vest with the state government or with the ministry of defense. 5. .....

Shri Avtar Singh Hit and ors. Vs. the Delhi State and ors.

Court : Delhi

Reported in : 2000IVAD(Delhi)750; AIR2000Delhi196; 84(2000)DLT781; 2000(53)DRJ746

..... the provisions which are relevant for the purposes of resolving the present controversy between the parties as contained in sections 3, 4, 5, 11, 12, 13 and 17 of the delhi sikh gurdwaras act, 1971 (hereinafter referred to as 'the act') may be reproduced as below : '3. ..... members to be elected from various wards into which delhi shall be divided in accordance with the provisions of this act; (b) nine members to be co-opted by the elected members of the committee referred to in clause (a) in the manner hereinafter appearing - (i) two members to represent the registered singh sabhas of delhi who shall be chosen by drawing of lots out of the presidents of those registered singh sabhas; (ii) four members, each being the head priest of the : (1) sri akal takhat sahib, amritsar, (2) sri takhat kesgarh sahib, anandpur, (3), sri ..... takhat patna sahib, patna, and (4) sri takhat hazur sahib, nanded : provided that the head .....