Court : Delhi
Decided on : Apr-24-2000
Reported in : 2000(55)DRJ681; [2000(86)FLR705]; (2000)IILLJ436Del
..... the public who may happen to be there. this injunction is further subject to the condition that the plaintiff shall cooperate and join in any lawful proceedings for settlement of the dispute by way of conciliation, mediation, arbitration or through court as provided under the act. 39. parties are ..... in the east india hotels ltd. v. oberoi intercontinental hotel employees union ors., 1994 llr 929, it has been observed as under:- 'the law recongises the existence of trade unions as well as scope and ambit of legitimate activities. thereforee, depending upon the facts and circumstances of each case ..... of by the petitioner here, workmen are asked to be 200 yards away from the factory premises any satyagraha would have no meaning. a lawful demonstration or satyagraha would lose all significance if the workmen are asked to choose a place far away from the business premises for their operation. ..... together either outside the industrial establishment, or inside, within the working hours is permissible when it is peaceful and does not violate the provisions of law. but when such a gathering is unlawful or commits an offence then the exemption is lost. thus, where it resorts to unlawful confinement of ..... i have heard learned counsel for the parties. both the learned counsel have argued at length and have also referred to large number of case law. 6. learned counsel lor the plaintiff has contended that the defendant as workmen have no right to go on strike or hold demonstrations causing harassment, .....Tag this Judgment!
Court : Delhi
Decided on : Dec-11-2000
Reported in : 115TAXMAN640(Delhi)
..... petitioner. he has further contended that there is no difference between a consultant and an advisor and the distinction drawn in this regard by the respondent was not sustainable in law. mr. poddar further contended that even otherwise a division bench of delhi high court in c.s. mathur v. cbdt : 235itr769(delhi) has taken the view that the amplitude ..... with davy mckee on monthly remuneration. he was not authorised to take up job or assignment of any other company in the similar industry. he has further contended that the law laid down by the supreme court in cbdt v. aditya v. birla : 170itr137(sc) inter alia, holding that there was no need of a relationship of employer and employee .....Tag this Judgment!
Court : Kerala
Decided on : Dec-21-2000
Reported in : 107CompCas306(Ker)
..... all accessorial obligations. it is primary and direct and a plea that the creditor has to make a demand from him as a last resort may not be sustainable in law. in a commercial transaction, the liability of a surety is totally different from the responsibility as undertaken to be discharged by a guarantor, or insurer. 7. it could generally be .....Tag this Judgment!
Court : Rajasthan
Decided on : Oct-10-2000
Reported in : [2001(89)FLR32]; (2001)ILLJ1162Raj; 2001(1)WLC60
..... the act. therefore, shri pareek urged that both the labour court as also the learned single judge failed to consider this aspect of the matter, thereby committed an error of law in holding the impugned termination of the workman as illegal and in directing his reinstatement with back wages.7. section 25-f of the act postulates, conditions precedent to retrenchment ..... was a badli. worker also has to fail. the bank has deliberately indulged in unhealthy labour practice by rotating employees like the appellant to deny them benefits under the industrial law. it is matter of concern that the reserve bank who should set a model for other employees being a prestigious institution, behaved towards its employee in a dubious manner by ..... due appreciation of evidence on record having been arrived by the courts below does not warrant any interference by this court and hence we do not find any error of law either in the impugned award of the labour court or in the impugned order of the learned single judge, because the respondent workman had qualified himself to sustain his claim .....Tag this Judgment!
Court : Rajasthan
Decided on : Jan-20-2000
Reported in : 2000WLC(Raj)UC617; 2000(2)WLN442
..... of the trial court challenged the conviction of the respondents of offence under sections 148. 325/149 i.p.c. it is submitted that in a case of rioting the law is requires that the case of each accused should be separately discussed and evidence against each of them should be appreciated exclusively. it is further submitted that the doctor found .....Tag this Judgment!
Court : Chennai
Decided on : Mar-30-2000
Reported in : (2001)ILLJ834Mad
..... separate industrial establishment having its own separate and independent identity and existence which is not in the case in hand. the third respondent labour court has committed patent errors of law and perversity in approach so as to warrant interference of this court into the award passed by it.21. in result, the above writ petition succeeds and the same is ..... at the conclusion regarding the determination of the payment of bonus for the relevant year in question thereby justifying the claim of the management which is nothing but erroneous in law and the same cannot be sustained.18. there is only one management, i.e., india tourism development corporation limited which is having very many regional offices for transport units and ..... conclusion that there is independent existence for each and every unit so as to call it a separate 'industrial establishment'. 17. in the case in hand this vital aspect of law has never been either attempted to be analysed or ascertained by the third respondent labour judge and without base on such legality taking some sporadic activities of preparing the balance ..... arrived at in each and every unit, the individual units cannot be taken as independent entities having all features of an independent corporation or firm created under the authority of law and it is only a segment having its existence, management and control being centralised and operated by the management, i.e., the indian tourism development corporation.16. in many a .....Tag this Judgment!
Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh
Decided on : Jan-25-2000
..... the complainant. 13. on behalf of the complainant our attention has also been drawn to haryana urban development authority and ors. v. ranjan dhamina, 118 (1998-1) plr. the punjab law reporter, where the supreme court held that where there was no such material to show that there had been any further work of development on the land in question, enhancing .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : May-11-2000
Reported in : (2000)(72)ECC342
..... monogram which identified the manufacturer would not make the medicine patent or proprietary.similarly, the later case also pertained to the medicine and the tribunal followed the ratio of the law laid down by the supreme court in the former case referred to above. but in the case in hand, as discussed above, complete identity between the product and the manufacturer .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu
Decided on : Jul-14-2000
Reported in : (2001)(130)ELT395Tri(Chennai)
..... his statement recorded. ld. counsel submitted that based on hearsay evidence and evidence of co-accused (k.a. muneer), appellant has been punished. ld. counsel submitted that it is settled law that the testimony of co-accused cannot be relied upon without independent corroborative evidence [jain narain verma v.cc, delhi -1995 (76) e.l.t. 421 (t)]. ld. counsel also .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Indore
Decided on : Aug-18-2000
Reported in : (2001)79ITD357Indore
..... the impugned issue is not sufficient to say that the impugned issue has been examined by the assessing officer after application of mind in accordance with the existing provisions of law.keeping in view the totality to the facts and circumstances of the case in the light of the existing legal provisions, we are of the considered opinion that the commissioner ..... the regular assessment the assessing officer has allowed the claim of the assessee without examining the issue of entitlement of the assessee in the light of the aforesaid provisions of laws and the board circulars, though a formal query in this regard was raised from the assessee in the general questionnaires. in response to the query, the assessee has simply ..... and he should have adjudicated the issue in the light of the same. since the action of the assessing officer is against the existing guidelines and the relevant provisions of law, the commissioner was justified in holding that the assessment order is erroneous and prejudicial to the interests of the revenue.mr. brijesh gupta, learned senior departmental representative, further argued ..... to revise the assessment order passed. the application of mind by the assessing officer means the assessing officer should adjudicate the issue in the light of the existing provisions of law and prevailing judicial pronouncements of the higher authorities. in the entire assessment order there is no discussion about impugned issue.the assessing officer has simply raised a query in this .....Tag this Judgment!