Court : Delhi
Decided on : Sep-04-2000
Reported in : 2001(1)ARBLR185(Delhi)
..... nominee refused to act the chief engineer was again empowered to nominate another person in his place. in our opinion the submission is not well founded in law. a person nominated by the sole arbitrator stands substituted in his place. he does not have any independent personality. the power and authority exer- cised ..... it is that 'the party did not intend to supply the vacancy'. in other words if the agreement is silent as regards supplying the vacancy the law presumes that the parties intended to supply the vacancy. to take the case out of s. 8(1)(b) what is required is not the intention ..... can be forced to undergo same procedure, for the simple reason that the arbitrator having refused to act he cannot be asked to arbitrate again. in law the result of such refusal is that the agreement clause cannot operate. it, thereforee, follows that in a case where the arbitration clause provides for appoint ..... . settlement of dispute between the parties through medium of an independent person in whom both parties repose confidence is the basic foundation on which the entire law of arbitration is founded. when the agreement provides that dispute between parties shall be referred to the person named in an agreement it is an appointment ..... charge or dispose of the vehicle/s or may cause damage to the vehicle/s, the owner is at liberty to seek redress in any court of law'. 3. as the named arbitrator had resigned from the service of the petition- er, by his letter dated 31.12.1996 he conveyed to the .....Tag this Judgment!
Court : Delhi
Decided on : Feb-18-2000
Reported in : 2000(4)ARBLR737(Delhi); 2000(54)DRJ188
..... to service jurisprudence. fortunately we have a pronouncement of the supreme court wherein their lordships, having made a comparative reading of voluntary retirement qua resignation, have proceeded to state the law as to resignation in j.k. cotton spinning & weaving mills co. ltd. vs . state of up and ors., : (1991)illj39sc as under:- 'when an employee resigns his office, he formally ..... the authorities in the army are bound to follow the regulations of the army and they have to play within the four corners laid down thereby subject to provision of law. a reading of the several provisions of that section of the army manual which deals with the removal resignation and retirement of army personnel, specially the provisions which we have .....Tag this Judgment!
Court : Delhi
Decided on : Jan-19-2000
Reported in : 2000(2)ARBLR740(Delhi); 2000CriLJ1503; 84(2000)DLT123; 2000(53)DRJ420
..... protect society by deterring potential offenders as also by preventing the guilty party from repeating the offence; it is also designed to reform the offender and reclaim him as a law abiding citizen for the good of the society as a whole. reformatory, deterrent and punitive aspects of punishment thus play their due part in judicial thinking while determining the question ..... act read with section 34 ipc. the learned additional sessions judge considering the small amount of bribe and the circumstances of the accused, imposed the minimum sentence provided under the law on suraj bhan sharma and ajit singh, accused. under section 5(2) read with section 5(1)(d) of the prevention of corruption act read with section 34 ipc each .....Tag this Judgment!
Court : Delhi
Decided on : Mar-31-2000
Reported in : 2000(4)ARBLR879(Delhi); 85(2000)DLT536; 2000(54)DRJ93
..... except where the discretion is shown to have been exercised arbitrarily or capriciously or perversely by the learned single judge or where the court has ignored the settled principles of law regulating grant or refusal of interlocutory injunctions. an appeal against an order of exercise of discretion is maintainable only on principle. even other-wise, the fact that the appellate ..... substitute its own discretion except where the discretion has been shown to have been exercised arbitrarily, or capriciously or perversely or where the court had ignored the settled principles of law regulating grant or refusal of interlocutory injunctions. an appeal against exercise of discretion is said to be an appeal on principle. appellate court will not reassess the material and ..... cash to the respondents thereforee, a prima facie, finding regarding balance of convenience or irreparable injury could not be recorded in his favour. 19. supreme court, while laying down the law, regarding power of the appellate court to interfere with the discretion of the court in the first instance in wander limited & anr. vs . antox india p. ltd. held :- 'the ..... caution and the reasons for opinion, must be weighed properly. all the relevant circumstances must be considered. 11. at this stage, it may be useful to refer to the laws with regard to the grant of interlocutory injunctions during the pendency of proceedings, which is well-settled, by several authoritative pronouncements of the apex court as well as of this .....Tag this Judgment!
Court : Delhi
Decided on : Oct-16-2000
Reported in : AIR2001Delhi1
..... narrow and parochial sentiments and emotions have been roused and people have been called upon to vote on these issues.hereafter, sir, it is designed to bring into operation strict laws which will penalise all such activities. further than that, in deference to the recommendations of the same committee, we are making it absolutely obligatory for all candidates who seek election ..... members of parliament or state legislature, were required to take an oath to preserve the sovereignty and integrity of the country. shri a. k. sen, the then minister of law, while moving the sixteenth amendment to the constitution said as under :--'sir, this bill was introduced on the recommendation of the national integration committee which was set up with shri ..... of the constituent assembly, highlighted the desirability of having high qualifications, the same was not found acceptable. only by clause (c) of article 84, parliament was authorised to make any law prescribing any qualification in that behalf. in the line of article 68-a, article 152 was also added in the draft constitution. article 152 of the draft constitution was incorporated ..... meaningful and purposeful. it is submitted by the petitioner that the roles of legislature are very vital for proper governance of the country in formulating policy decisions and making of laws on varied subjects. a person who is not literate and does not have basic knowledge of the constitution cannot be said to have fulfillled the requirement of making and .....Tag this Judgment!
Court : Delhi
Decided on : Sep-18-2000
Reported in : 248ITR396(Delhi)
..... the onus has been wrongly held to have been discharged. analysis of the factual position as drawn by the tribunal is contrary to material and evidence on record. further the law laid down by the apex court in cit (addl.) v. jeevan lal sah as also the decision of the apex court in cit v. mussadilal ram bharose has not been .....Tag this Judgment!
Court : Kerala
Decided on : Mar-13-2000
Reported in : AIR2000Ker262
..... be borne in mind that broad and recognised features of hierarchical social structure prevalent amongst the hindus is that, what might have been the origin of hindu castes and tribes in ancient times, gradually status came to be based on birth alone. a person who belonged by birth to a depressed caste ..... of 1989 in op 1670 of 1989, notice was issued by tahsildar to appellants and enquiry was conducted. further, enquiry was also conducted by kirtads. law relating to benefits flowing from certificates and care to be taken while issuing such certificate have been elaborated in director of tribal welfare, govt. of andhra ..... sc) 182 : (air 1996 sc 1182).15. courts, therefore, have no power except to give effect to the notification issued by president. it is settled law that court would look into the public notification under articles 342(1) or 342(1) for a limited purpose. notification issued by president and the act of ..... deemed to be 'scheduled castes' in relation to the state or union territory as the case may be. sub-article (2) empowers the parliament by law to include in or exclude from the list of scheduled castes specified in the notification issued under clause (1) any caste, race or tribe or ..... this constitution be deemed to be scheduled tribes in relation to that state or union territory, as the case may be. (2) parliament may, by law, include in orexclude from the list of scheduled tribes specified in a notification issued under clause (1) any tribe or tribal community or part of .....Tag this Judgment!
Court : Kerala
Decided on : Mar-28-2000
Reported in : AIR2000Ker288
..... public burial ground in the very same locality exlusively for hindus, including harijans and, therefore, there is no necessity for the present controversy by the hindu smashana samithi. as far as the christian and muslim communities are concerned, they have got burial grounds of their own attached to their religious places. ..... giving notice to all parties concerned and also to the parties to the writ petition and hear their objections and decide the matter in accordance with law within two months from the date of receipt of a copy of this judgment. till such time, the first respondent -- grama panchayat -- is ..... burial and burning ground in the place in question. the action of the panchayat in permitting burial in the disputed property is legally impermissible in law. though it is argued that the issue is politically motivated and the panchayat is playing in tune with the whims and fancies of certain ..... disputed property will create health hazards to the local inhabitants and have prohibited the use of the property as a burial ground. it is settled law that non-compliance of the provisions of the rules grounds of public order, morality and health have to be considered while establishing a burial ..... prevent the use of the abovesaid land as aburial ground. subsequently in 1992 again there was a move on the part of someone to create law and order problem in the locality raking up the issue of burial ground. some members of the abovesaid smasana committee filed a petition before the .....Tag this Judgment!
Court : Gujarat
Decided on : Mar-28-2000
Reported in : (2001)1GLR745
..... , son of the accused maganbhai, exh. 25. it is no-doubt true that both the witnesses turned hostile to the prosecution. but then in the light of broad propositions of law concerning child witnesses, their evidence will need scrutiny. it is well settled that a child witness could often be accepted to give out a true version because of his innocence ..... , the person to whom it is made, should be considered. though extra-judicial confession appears to have been treated as a weak piece of evidence, there is no rule of law nor rule of prudence that it cannot be acted upon unless corroborated. it is not open to any court to start with a presumption that extra-judicial confession is a ..... of the appellant in that case under sees. 302 and 201 of the i.p.c. the bench speaking through j. m. panchal, j., has succinctly outlined the position of law attending extra-judicial confession as under :- '.... as the whole case of the prosecution is dependent on extra-judicial confession, it would be worthwhile to notice ..... law on the subject. the word 'confession' has not been defined in evidence act, 1872. a confession is an admission made at any time by a person charged with crime stating .....Tag this Judgment!
Court : Gujarat
Decided on : Nov-17-2000
Reported in : (2001)ILLJ1296Guj
..... continued as contract labour, despite prohibition of the contract labour under section 10(1), the high court has by judicial review as the basic structure, constitutional duty to enforce the law by appropriate directions.' 24. it is undeniable fact that despite the act for abolition of contract labour in appropriate cases, the government grants permission for the purpose of contract labour ..... justice embeds equality to flavour and enliven the practical content of life. social justice and equality are complementary to each other so that both should maintain their vitality. rule of law, therefore, is a potent instrument of social justice to bring about equality in results. it was accordingly held that right to social justice and right to health were held to ..... the work of the corporation and it may happen that the work of public distribution may suffer and therefore, in view of such situation and disputed questions of fact and law, this court should not entertain this petition and should reject the same and vacate the interim relief granted earlier. 15. i have considered the submissions of all the learned advocates ..... departmentalisation was done in 10 depots. the union continued to mount its pressure not only at the level of collective bargaining but also by taking resort to the courts of law as a result of which the corporation was obliged to progressively bring more and more depots under departmental system which has now gone upto approximately 250 depots. however, the corporation .....Tag this Judgment!