.....senior counsel for the respondent. this is a revision petition filed by the defendant under article 227 of the constitution of india read with section 115 of the code of civil procedure questioning the legality and correctness of the order dated 2.2.2001 passed by the learned civil judge (sr. division) dibrugarh in a pending civil suit being t.s. no. 2/96. by the impugned order, the learned civil judge dismissed the application made by the defendant in the said pending suit under section 45 of the evidence act which was registered as petition no. 3990. at this stage, i am not inclined to apply my mind to the merits and de-merits of the impugned order passed by the learned civil judge and grant liberty to the defendant to challenge the legality and correctness of this order, if occasion so arises, in a regularly constituted appeal under section 96 of the civil procedure code against the final judgment and decree that may be passed in the civil suit finally one way or the other. this occasion may or may not arise, but at this stage, i express no opinion either way. learned civil judge is directed to decide the civil suit which is pending since 1996 on day to day basis and.....
Tag this Judgment! Ask ChatGPT.....provided two conditions are fulfilled ; (i) that the petition for setting aside an election contains an adequate statement of the material facts on which the petitioner relies in support of his case ; and (ii) the tribunal is prima facie satisfied that in order to decided the dispute and to do complete justice between the parties inspection of the ballot papers is necessary. but an order for inspection of ballot papers cannot be granted to support vague pleas made in the petition not supported by material facts or to fish out evidence to support such pleas. the case of the petitioner must be set out with precision supported by averments of material facts. toestablish a case so pleaded an order for inspection may undoubtedly, wp(c) 1495 of 2014-oral dt. 18/03/14 if the interests of justice require, be granted. but a mere allegation that the petitioner suspects or believes that there has been an improper reception, refusal or rejection of votes will not be sufficient to support an order for inspection.â 8. in the instant case, on perusal of the election petition, what is found is that there is specific allegation of malpractices in counting of votes. for a ready.....
Tag this Judgment! Ask ChatGPT.....retail outlet. 4. learned counsel appearing for the indian oil corporation ltd. has marked his appearance and his contention is that in spite of the fact that a part of the land has been acquired under the provisions of land acquisition act, 1956, the land available at site is more than sufficient for establishing a retail outlet as per the norms laid down by the indian oil corporation ltd. as well as union of india. 5. heard the learned counsel for the parties at length and perused the record. 6. the petitioner in the present case is aggrieved by the order dated 7-5-2013, by which the national highway authority of india has rejected the application of indian oil corporation ltd. for construction of a retail outlet at national highway no. 3 ch-527.021, khasra no. 182/2 village rojwas tehsil tarana district ujjain. the petitioner after he was successful in the process of selection has obtained no objection certificates from the following departments- (1) sanchalanalay nagriya prasasan evam vikash on 31-1-2013. (2) madhya pradesh paschim kshetra vidyut vitran company, tarana on 16-1-2013. (3) district civil supply department distt. ujjain on 23-1-2013. (4) dy. director town and.....
Tag this Judgment! Ask ChatGPT.....with liberty to the petitioners to file necessary petitions/applications before the respondent bank tomorrow itself, upon which the actual amount to be satisfied by the petitioners shall be let known then and there and it will be for the petitioners to clear the same, availing the benefit of the 'scheme' on or before the last date prescribed in this regard. it is also made clear that title deeds of the properties shall be returned to the petitioners forthwith on satisfaction of the due amount. if there is any failure on the part of the petitioners in clearing the amount as above, the respondent bank will be at liberty to proceed with further steps from the stage where it stands now for realisation of the amount in a lump. the learned standing counsel for the bank submits that the position will be intimated to the bank today itself. p.r.ramachandra menon judge lk
Tag this Judgment! Ask ChatGPT.....and 509 of ipc. apprehending arrest, this petition is filed for anticipatory bail.2. it is alleged that the accused voluntarily caused hurt to the defacto complainant, abused her and intruded upon her modesty and also outraged her modesty by pulling the nighty.3. the learned counsel for the petitioner submits that there was dispute with regard to the drawing of electric wire through the property of the petitioner. the petitioner questioned the act of the complainant and there was altercation. a crime was registered against the husband of b.a. no. 1831/2014 (d) -2- the complainant alleging offences under sections 324 and 506(i) r/w 34 of ipc.4. considering all the aspects the following directions are issued: the petitioner shall surrender before the investigating officer within ten days from today. after interrogation the accused shall be produced before the learned magistrate. when applied for bail by the accused, the learned magistrate will, considering the nature of the case, grant bail to the petitioner but on the following conditions: a. the petitioner shall execute a bond for rs.20,000/- (rupees twenty thousand only) with two solvent sureties each for the like sum to the.....
Tag this Judgment! Ask ChatGPT.....face of the record as such. there is no challenge to our finding that there was no malpractice noticed in any of the other three papers. we have also found that in the facts of these cases we may not be unjustified in affirming the view taken by the learned single judge. the examination consists four papers. when there is absolutely no material to show that malpractice was committed in respect of three other papers, we are of the view that it would not be just to visit the students with cancellation of other papers for the wrong doing committed in one of the papers which was held on a particular date.5. no doubt the learned counsel for the review petitioners poses the question as what would happen when the examination commences and in respect of the paper, which is taken on the first day itself malpractice was detected. he would point out that the practice is that hall ticket itself will be cancelled. we would think that such a situation is not apposite for deciding the facts of these cases. rp562014 & connected cases 4 6. in such circumstances, the review petitions are without merit and they are dismissed. k. m. joseph, judge a. hariprasad, judge nkm.
Tag this Judgment! Ask ChatGPT.....a. the petitioner shall execute a bond for rs.20,000/- (rupees twenty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned magistrate. if in case the magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. b. the petitioner shall make himself available for interrogation by the investigating officer and shall appear before the investigating officer on all mondays between 9.30 am to 11.30 am until further orders. b.a. no.1851/2014 (b) -3- c. the petitioner shall surrender his original passport before the learned jurisdictional magistrate. if he is not having any valid passport, he should file an affidavit regarding the same before the magistrate. d. the petitioner will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so.....
Tag this Judgment! Ask ChatGPT.....a. the accused shall execute a bond for 20,000/- (rupees twenty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned magistrate. if in case the magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. b. the accused shall make himself available for interrogation by the investigating officer and b.a. no.1852 of 2014 -:3. :- should appear before the investigating officer on all alternate wednesdays between 9.30 am to 11.30 am until further orders. c. the accused shall produce his original passport before the learned jurisdictional magistrate. if he is not having any valid passport, he should file an affidavit regarding the same before the magistrate. d. the accused will also file affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.....
Tag this Judgment! Ask ChatGPT.....to have taken place, the respondent was not able to comply with the said direction of the appellate authority. no doubt, this was on account of the fact that the purchasers in question were not able to furnish copies of the purchase invoices on the strength of which they allegedly made the purchases and the corresponding entries in their purchase register. at this belated stage of the proceedings, it is apparent that such o.p.no.12637 of 2003 5 evidence cannot now be produced by the respondent for the purposes of the assessment proceedings. the respondent also admits that it has not been able to get the said documents despite its best efforts to get the same pursuant to the directions of the appellate authority.6. it is settled law that in tax matters the levy of tax must be on the happening of a taxable event. the burden of proof to show that the taxable event has arisen is on the department that seeks to levy the tax. in the instant case, the assessment originally completed against the petitioner was sought to be reopened by the respondent on the allegation that certain sales effected by the petitioner had not been reflected in its accounts and consequently had escaped payment.....
Tag this Judgment! Ask ChatGPT.....the proceedings. one of the accused is the alleged salesman, who sold the adulterated food article and the other is the licensee. as regards them, definite allegations are there in the complaint. of course, if accused nos.3 and 4 have got a case that they have no connection with the alleged food article, or if they have nothing to do with the alleged food article as dealer or manufacturer or otherwise, they can very well make a plea for discharge before the trial court. in the particular facts and circumstances, i find that this is not a fit case for exercise of jurisdiction under section 482 of the code of criminal procedure. without prejudice to the right of the petitioners to make a plea for discharge before the trial court, these two petitions can be dismissed. in the result, these petitions are dismissed without prejudice to the right of the petitioners to make a plea for discharge before the trial court. sd/- p.ubaid judge ma /true copy/
Tag this Judgment! Ask ChatGPT