Reported in : 136(2007)DLT259
.....to original respondents no. 4 & 5, shri bishamber dayal and shri sada nand after 1962 without obtaining the written consent of the landlord. this fact, however, came to the knowledge of the landlord in march, 1971. original respondent no. 4 was alleged to be running a business of pan seller and respondent no. 5 of chat and eatables. the statutory notice determining the contractual tenancy dated 06.09.1972 was stated to be duly served upon the tenants to which there was no reply.2. the tenanted premises were originally stated to be given on rent to shri ram charan dass, brother of shri kundan lal and one shri chabil ram for running a restaurant in the year 1938. in 1940, shri chabil ram left the business and shri kundan lal joined shri ram charan dass. shri ram charan dass is stated to have passed away in september, 1952 and after his demise, his widow smt. lilawati continued the business. shri hari shanker and shri gaya pershad being the sons of shri kundal lal joined the business. on the demise of smt. lilawati, the original respondents no. 1 to 3 continued to run their restaurant business.3. the eviction petition was contested wherein it was alleged that shri hari shanker,.....
Tag this Judgment! Ask ChatGPTReported in : [2007(113)FLR395]; (2007)2LLJ950Del
.....in such a case it would be open to that union to take up the cause of the workmen if it is sufficiently representative of those workmen, dispute the fact that such union was not exclusively of the workmen working in the establishment concerned. an illustration of what had been anticipated in dharam pal's case is to be found in the workmen of indian express newspaper(pvt.) ltd. v. management of indian express newspaper private ltd. : (1970)iillj132sc where an 'outside' union was held to be sufficiently representative to espouse the cause. 10. thus, in order to give jurisdiction to the appropriate government to refer the dispute and to the tribunal/labour court to adjudicate the dispute, it was essential for the workman to show that his individual dispute for regularization was sponsored or espoused by a union of the workmen. 11. the tribunal had considered the evidence led before it and came to conclusion that there was no espousal of the dispute of the workman. the workman has challenged this decision of the labour court on the ground that the labour court had not considered the fact that demand notice of regularization of services of the workman was issued by all india tdc.....
Tag this Judgment! Ask ChatGPTReported in : 2007(1)KLT381
.....nuts. they are aggrieved by the action of the customs authorities in detaining consignments of betel nuts imported by them for the purpose of manufacturing supari. according to them, the betel nuts they have imported are ungarbled betel nuts which are freely importable under the exim policy, subject to clearance under the provisions of the plant, fruits and seeds (regulation of import into india) order 1989 and the plant quarantine (regulation of import into india) order, 2003, issued under the provisions of the destructive insects and pests act, 1914. they are now aggrieved by the action of the customs authorities in subjecting samples of the ungarbled betel nuts imported by them to tests under the prevention of food adulteration act, 1954 (for short 'the act') as per the specifications prescribed in item a.28.04 of appendix b containing definitions and standards of quality prescribed under rule 5 of the prevention of food adulteration rules, 1955. according to them, ungarbled betel nuts imported by them being a primary food, would not come within the meaning assigned to dry fruits and nuts under item a.28.04 for which alone standards have been prescribed under the said act.....
Tag this Judgment! Ask ChatGPTReported in : I(2007)DMC282
.....of settlement, prabhakaran and girija have filed a petition under section 13b of the hindu marriage act in mat. appeal no. 100/2006. in the peculiar facts and circumstances of the case and since we are satisfied that there is no collusion between the parties, we are inclined to allow this petition and dissolve the marriage between k. prabhakaran and p. girija.3. in view of the compromise, the mat. appeals are disposed of, recording the compromise and in terms of the compromise. accordingly mat appeal no. 223/ 2006 is disposed of holding that o.s. no. 359/1994 on the file of the family court, trivandrum has become unnecessary and disposed of in terms of the compromise and in terms of the order in i.a. no. 2464/2006 mentioned herein above. mat. appeal no. 146/2006 is disposed of holding that o.s. no. 359/1994 has become unnecessary in view of the compromise. accordingly o.s. no. 359/1994 is dismissed as settled between the parties. mat. appeal nos. 100/2006 and 137/2006, which arise out of o.p. no. 582/1997, are disposed of holding that in view of the compromise, o.p. no. 582/1997 has become unnecessary. accordingly o.p. no. 582/1997 on the file of the family court, trivandrum is.....
Tag this Judgment! Ask ChatGPTReported in : AIR2007Ker131
.....limitation. lastly, the appellant would contend that when remedy against the principal debtor has been impaired by the acquisition proceedings which fact was known to the creditor, the surely stands discharged. on these contentions, the appellant submits that the judgment of the learned single judge is liable to be set. aside and the recovery proceedings against the appellant should be quashed.4. in answer to the contentions, the learned standing counsel for the kfc would contend that in view of clauses 12 and 13 of ext. r3(a), which is the personal guarantee executed by the appellant, the guarantee would remain in force and effect till the last pai due to the corporation under the loan agreement with the borrower company remains unpaid. he would further contend that going by clause 12 of the guarantee agreement money is payable by (he guarantor 'on demand' and therefore limitation would start to run only on the date when the kfc demands the guarantor for payment and not any time before. the standing counsel would further argue that ext. r3(a) is a continuing guarantee and therefore, the period of limitation would start running only after the remedy against the principal debtor.....
Tag this Judgment! Ask ChatGPTReported in : AIR2007Ker146
.....in gurpreet singh v. chatur bhuj goel : [1988]2scr401 and ramasrey v. dy. director consolidation dist. : air1999sc1474 . it was argued that on the facts it is clear that petitioner was not a party to the compromise and the decree was the result of fraud played on petitioner and therefore petition is to be dismissed.5. learned counsel appearing for respondents 1 and 2 argued that compromise decree was passed on 7-3-2001 and petition to set aside the decree could only be. treated as a petition to review the decree and judgment and petition for review after lapse of more than one year without a petition to condone the delay is not maintainable and for that reason alone, petition is liable to be dismissed. it was also argued that when examined as p.w. 1, petitioner has no case that by the compromise decree he sustained any loss and in such circumstances, interest of justice does not warrant any interference, at the belated stage. it was further argued that evidence of petitioner conclusively prove that joint written statement was filed by all the defendants and petitioner entrusted his brother second defendant to instruct the counsel and contest the case and second defendant was.....
Tag this Judgment! Ask ChatGPTReported in : III(2007)BC693
.....that subject to the provisions of sub-rule (2), court has to pronounce judgment on all issues. under sub-rule (2) where issues of both law and of fact arise in the same suit and the court is of opinion that the case or any part thereof may be disposed of on an issue of law only, it may try that issue and for that purpose it may postpone the settlement of other issues. the court is competent to enter a finding on an issue which could be decided on the basis of law, if it relates to jurisdiction of the court or a bar to the suit created by any law for the time being in force. but when the question of territorial jurisdiction is to be decided preliminarily on the basis of materials produced as evidence, learned sub-judge should have decided all the issues together or the preliminary issue after recording evidence. on the facts and circumstances, i find merits in the arguments of the learned counsel appearing for the petitioner that learned sub-judge relied on the documents which are not proved or admitted. in such circumstance, the finding of the trial court dated 1.11.2006 is set aside. learned sub-judge is directed to try all the issues together including the issue on.....
Tag this Judgment! Ask ChatGPTReported in : 2008(1)KLJ767
.....a tea shop was being run. the rent was subsequently enhanced. the building is being; used for the residence and the business by the tenants. the facts stated by the landlord to support the grounds for eviction under sections 11(4)(ii) and 11(4)(v) were also denied by the tenants.4. execution of ext.a1 was not specifically denied by the tenants in evidence. ext.a1 shows that the building consists of five rooms and three doors. it is also seen from ext. a1 that two shop rooms have shutters ('nirappalaka'). the purpose of lease was for running a grocery shop and tea shop as revealed from exhibit a1. ext.a1 further shows that one room is provided with wooden ceiling. it has come out in evidence that kesavan and paran were running separate business in the two rooms. the eastern room was being occupied by kesavan and the western room was being used by paran. the report submitted by the commissioner as ext.c1 would indicate that a door is provided separating the two shop rooms and that the door is comparatively new. the commissioner could not find any wooden ceiling in the western room. documentary evidence would also indicate that kesavan and paran were separately paying rent to.....
Tag this Judgment! Ask ChatGPTReported in : RLW2007(1)Raj593
.....we also find that the appellant has failed to establish that the breach of insurance policy was made to the knowledge of the insured. in sohan lal passi v. p. sesh reddy : air1996sc2627 , their lordships of the supreme court indicated as under:.while interpreting the contract of insurance/the tribunal and courts have to be conscious of the fact that right to claim compensation by heirs and legal representatives of the victims of the accident is not defeated on technical grounds. unless it is established on the materials on record that it was the insured who had willfully violated the condition of the policy by allowing a person not duly licensed to drive the vehicle when the accident took place, the insurer shall be deemed to be a judgment debtor in respect of the liability in view of sub-section (1) of section 96 of the act.5. for these reasons, we see no infirmity in the impugned order and instant appeal being devoid of merits stands dismissed without any order as to costs.
Tag this Judgment! Ask ChatGPTReported in : 2007CriLJ1757
.....ground alone it could not have been inferred that opium found in the possession of shahbuddin was in conscious possession of the appellant. i find no evidence to suggest that there was any abetment and/or criminal conspiracy within the meaning of section 29 of ndps act. shahbuddin and appellant although found travelling together, it could not be established that they were jointly carrying opium. hence, it was not possible for the learned trial court to take the view that section 8/29, ndps act was attracted.6. for these reasons, i allow the appeal and set aside the impugned judgment dated august 9, 2005 of special judge, ndps cases, bharatpur. i acquit the appellant of the charge under section 8/29, ndps act. the appellant mohd. ameer, who is in jail, shall be set at liberty forthwith, if not required to be detained in any other case.
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