Court : Delhi
Decided on : May-24-1976
Reported in : ILR1976Delhi691
..... view he has formed may either dismiss the charge if the evidence docs not disclose any offence, or dispose of the case summarily under, section 80 of the act, or refer the case to the proper superior military authority, or adjourn the case for the purpose of having the evidence reduced to writing, ..... the court of inquiry. undoubtedly the commandant was a superior officer belonging to the armed forces. he was over all commandant of the armed forces medical college. it is so recorded in the bulletin of information of the college which was produced before us for our perusal. we are not thereforee ..... he was recruited as a boy in the army on july 27. 1948. on may 13, 1963, he was commissioned in the army medical corps as a second lieutenant. in due course of time he rose to the rank of a captain. in that position he was confirmed on may ..... officer, and the judge adovcate, if any, by affixing their signatures thereto. the proceedings are then forwarded to the convening authority for confirmation [rule 67(2)]. the confirming authority may confirm or refuse confirmation (rule 70). thereafter the finding and sentence shall together with confirmation be promulgated. until promulgation has been effected ..... 13, 1970. (2) on november 11, 1968, the appellant was working in the post of an assistant administrative officer in the armed forces medical college at pune. the college has two divisions. one consists of the troops, that is. the .....Tag this Judgment!
Court : Delhi
Decided on : Apr-08-1976
Reported in : AIR1976Delhi335; 1976RLR298
..... in that primarily it was a receipt for the goods accepted for carriage. secondly, it was a document of title in terms of section 2(4) of the sale of goods act and lastly it was evidence of the contract of carriage and cautioned that unless these aspects are clearly kept distinct confusion was bound to ..... the contention of the union was that a railway receipt was a document of title to goods by virtue of the provisions of section 2(4) of the indian sale of goods act and as such it was the consignee who had the title to the goods where the consignor and the consignee were different. it ..... contention on behalf of the union was that the railway receipt was a document of title to goods by virtue of provisions or section 2(4) of the indian sale of goods act and as such it was the consignee who had the title to the goods where the consignor or the consignee were different, interestingly ..... of the provisions of the bill of lading act from documents of title other than a bill of lading and held, following air 1916 p.c. 7 (supra) and that the railway receipt and other documents of title mentioned in section 2(4) of the sale of goods act are assimilated to a bill of lading for ..... the specified purposes of right of stoppage in transit under section 103 of the contract act and a pledge under section 178 of the contract act. the .....Tag this Judgment!
Court : Delhi
Decided on : Dec-24-1976
Reported in : AIR1977Delhi209; ILR1977Delhi659
..... : 'in the case of any land to which, in the opinion of the appropriate government, the provisions of sub-section (1) or sub-section (2) are applicable this clearly endows the government with a discretion. a special power is deposited in the government to act in cases of urgency.65. counsel argued that the decision of the government on the question of existence of ..... or arable land'. the incertitude of this affirmation was seized upon by counsel for the petitioner to urge that, since, even when the affidavit was filed the administration was not definite whether the land was 'waste' or 'arable', a fortiori the matter had received no attention at all when the notifications were issued. at first blush the argument seemed unanswerable. indeed ..... that:'in the case of any land to which, in the opinion of the appropriate government, the provisions of sub-see. (1) or sub-section (2) are applicable, the appropriate government may direct that the provisions of s. 5a shall not apply, and, if it does so direct, a declaration may be made under s. 6 ..... ) of s. 17 of the land acquisition act, the principles are the same. i have already shown that 'urgency' envisaged by sub-s. (1) is subjective. an enhanced degree of subjectivity prevails under sub-section (4) since it can only be resorted to if 'in & opinion' of the appropriate government the provisions of sub-section (1) or , (2) are applicable. yet, in raja anand brahma .....Tag this Judgment!
Court : Delhi
Decided on : May-28-1976
Reported in : ILR1977Delhi198
..... it 'too soft' for use in the manufacture of saw blades. the result was that he ordered the goods to be confiscated, but acting under section 125 of the customs act, 1962 gave an option to pay a fine in lieu of confiscation. the fines imposed were rs. 1,01,000 for one consignment ..... he said, that it was 'a well understood term used in metallurgy' in the sense which he had indicated, which was the same as the definition in chambers's technical dictionary. he explained that in stainless steel the carbon content is comparatively low and the chromium content is comparatively high', and that ..... but later i have seen the 1975 paper-back edition which is entitled 'dictionary of science and technology'. there are some small difference's in the definitions given in the two editions, though not very material, and i will quote from the later edition. first, it is necessary to know the meaning ..... it alloy steel. it would not be stainless steel, the reason being that it would not have the properties required of stainless steel to a sufficient degree.'in the second sentence of the .passage just quoted, the word 'alloy' has been used twice : the first time in its special sense as ..... the french 'aleier' meaning to 'combine'. (16) all steels are alloys. this appears from the definition of 'steel' given in chambers's, which reads : 'steel(met.). essentially an alloy of iron and carbon. contains less than 2 per cent carbon, less than i per cent manganese, and small amounts of silicon, phosphorus, sulphur and .....Tag this Judgment!
Court : Delhi
Decided on : Mar-01-1976
Reported in : ILR1976Delhi688
..... and inchides any calling, service, employment, handicraft, or industrial occupation or avocation of workmen'. the expression 'establishment' does not occur in this definition. section 2(s) defines the expression 'workman' as a person 'employed in any industry'. section 9b of the act empowers the government to exempt any class of 'industrial establishments' or 'class of workmen employed in any industrial establishment' by the operation of ..... of the head office of the company with the state was distinguished because the workman involved was a roving medical representative. (31) in messrs spencer & co. ltd. (supra) (5) the company had us head office in the state of tamil nadu. the workman concerned was working in the company's ..... part of the dispute could be said to have arisen at delhi where the head office of the firm was located. an earlier decision of that court in association of medical representatives (m & v) v. industrial tribunal, m.p., indore and others, 1967 m.p. 114, in which the reference by the state government was justified on the ground of location .....Tag this Judgment!
Court : Delhi
Decided on : Apr-08-1976
Reported in : AIR1977Delhi41; ILR1976Delhi116
..... . i am afraid i cannot agree with this submission. the colour combination is not descriptive but is distinctive. the definition of the 'mark' as contained in clause (j) of section 2 of the trade and merchandise marks act, 1958 is not exhaustive and the definition is such that there is practically no limit to the combination of various types of marks. a dealer can, thereforee ..... relation to a substantial part thereof. 'artistic work' itself is delined in section 2(c)(iii) of the copyright act to include 'any other work of artistic craftsmanship'. reading section 2(c)(iii), 2(m)(i) and sub-sections (1), and (2) of section 14 read with section 51 of the copyright act. 1957 it. becomes clear that the containers of the defandant are a clear infringement of the plaintiff's ..... in section 2(j) of the trade and merchandise marks act, 1958, the observations of graham, j. in smith, kline & french laboratories limited's trade mark : (1974) r.p.c. 91 may be seen : 'theupshot of all these cases is to my mind to establish that a scheme of coloring applied to goods may be a mark within the definition in section 68. that definition, as ..... in practice it does so, it can properly be said that it is being used as a mark in the trade mark sense. the answer is no doubt one of degree and will depend on the evidence. it would be highly unlikely that colour in a lipstick could ever become distinctive of one manufacturer because in such a case colour is .....Tag this Judgment!
Court : Delhi
Decided on : Dec-13-1976
Reported in : ILR1977Delhi370; 1977LabIC681
..... the conditions of la,bour of any person' the reference was not competent. it was not covered by the definition of the term 'industrial dispute' as defined in s. 2(k) of. the act. the order of reference is had and outside the jurisdiction of the tribunal. this was their main argument. ( ..... substantial interest in the subject matter of dispute. in both such cases, the dispute is an industrial dispute.'(15) counsel for the workmen contends that the definition of the term 'industrial dispute' is very wide. he relies on western india automobile assoc. v. industrial tribunal bombay, (1949) f.c.r. ..... the entire community. considerations', thereforee, of economy and efficient management come in. thereforee, it is for the management to decide as to how each section or department or the industry should be organized; and while doing so, the management is bound in the interests of the industry itself to consider ..... accuracy the matter to which the dispute must pertain if it is to come within the definition of 'industrial dispute. but if the dispute is indefinite and vague it might disqualify itself as ..... act. but the reference to the subject-matter of the dispute is, by contrast, more precise : viz., 'which is connected with the employment or non-employment, or the terms of employment or with the .conditions of labour, of any person.' those words show an intention to prescribe with same degree of .....Tag this Judgment!
Court : Delhi
Decided on : Sep-22-1976
Reported in : 12(1976)DLT369
..... in the delhi rent controlact, 59 of 1958 (hereinafter referred to as 'the act'). these revisionsraise common questions of law of general importance and are, thereforee,taken up for decision together.(2) the amending act has, besides expanding the definition oftenant in clause (1) of section 2 of the act, inserted a new section 14a and also prescribed a summary procedure for trial of certain applications by addition ..... of chapter iiia and insertion of sections 25a and 25b in it. section 25a applies the provisions of chapter iiia notwithstanding anything inconsistent ..... in the act or elsewhere in any other lawfor the time being in .....Tag this Judgment!
Court : Delhi
Decided on : Dec-07-1976
Reported in : 48CompCas190(Delhi); 33(1977)DLT1; ILR1977Delhi337; 1977RLR171
..... the present petition involves many substantial questions, not one of the first three respondents have put in appearance. initially, this court ordered the issue of summons under section 477 of the companies act, 1956 to respondents 2 to 6 and an ordinary notice to respondent no. 1. there was no service. then the court ordered that the notice be issued to respondents nos ..... ings in the suit or other legal proceedings, not being proceedings in execution. undoubtedly, proceeding in execution is also a legal proceeding which would be stayed under section 446 of the companies act. however, the act has provided an additional safeguard in such cases to the effect that if a sale or attachment takes place after the winding up order then it is ..... might have known that the winding up order had been passed but thought that the proceedings could continue. tn other words, the court wrongly interpreted the provisions of section 446 of the companies act. thirdly, the court might have been wrongly informed that the leave had a been granted or might have assumed that leave to continue the suit had been granted ..... . (12) in some other cases, buldeo narain singh v. united india bank ltd., a.i.r. 1916 pat 47, s. krishnamachariar v. the hanuman bank ltd., (in liquidation), tanjore, : air1963mad308 , it was held either under section 171 of the old act or section 446 of the new act that if proceedings were taken in execution, they would be void. although in the latter madras judgment .....Tag this Judgment!
Court : Delhi
Decided on : Jan-30-1976
Reported in : ILR1976Delhi485
..... thirty days of the receipt of the reference or within such further period as the central government may allow and the period so specified or allowed had expired. under sub-section (2), goes the argument. save as otherwise provided in the development acl, the development authority shall not undertake or carry out any development of land in any area which is not ..... public purpose, namely, planned development of delhi under the acquisition act and not under section 15 of the development act which does not in any way repeal or amend or rescind the ..... the purpose of bringing about planned development of delhi, and that the declaration under section 6 of the acquisition act was also issued after the appropriate government was fully satisfied on consideration of the report of the collector made by him under sub-section (2) of section 5-a of the acquiskion act. he further contends that the land in dispute is being acquired for a ..... arc formed for the executive benefit of the members of the society. such societies accordingly do not fall under the definition of 'company' registered under the companies act. the government of the pelitioners that the acquisition is being made for a company. the administration contends, is not sustainable. further, the land in question was being acquired for the .....Tag this Judgment!