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Feb 20 2014 (HC)

Kulmohan Singh Vs. Union Territory Chandigarh and Others

Court : Punjab and Haryana

.....instructions from time to time in regard to all matters which were not governed by any statute or rules made under the constitution or a statute. in fact it is the case of the respondents that the appellant had issued such instructions on 20.08.1987 directing that the lecturers from ut cadre should be promoted as principals. in fact, the administrator of appellant had issued a notification on 13.01.1992 adopting the corresponding punjab rules to govern the service conditions of its employees. if so, the administrator of appellant could issue fresh directions in regard to qualifications for recruitment. the recruitment rules made by the administrator were duly notified. though they were not rules under article 309, they were nevertheless valid as administrative instructions issued in exercise of executive power, in the absence of any other rules governing the matter. once the recruitment rules, made by the administrator, were notified, they became binding executive instructions which would hold good till the rules were made under article 309. therefore, the advertisement sharma amodh 2014.02.25 10:27 i attest to the accuracy and integrity of this document chandigarh.....

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Feb 20 2014 (HC)

Present : Mr.Sarbjit Singh Khaira Advocate for the Petitioner. Vs. Rag ...

Court : Punjab and Haryana

.....compensation, the benefits admissible under sections 23 and 28 of the land acquisition act, 1894 (hereinafter referred to as '1894 act').namely, solatium and interest have not been granted to him despite the fact that this court in m/s golden iron and steel forgings versus union of india and others.2011 (4) rcr (civil) 375, has categorically held that even in the case of acquisition under the national highways act, 1956, the above mentioned statutory benefits are admissible to the affected land-owners.5].having heard learned counsel for the parties and taking into account the fact that identical issue already stands decided by us vide order dated 7.08.2013 passed in cwp no.17041 of 2013 (rakhwant kaur versus union of india and others.and connected cases, the present writ petition is also disposed of in the same terms.the directions contained in the order dated 7.8.2013 in rajwant kaur's case (supra) shall be equally applicable qua the instant petitioner also. 6].dasti. [surya kant].judge february 20, 2014 [amol rattan singh].mohinder judge kumar mohinder 2014.02.25 15:49 i attest to the accuracy of this order chandigarh

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Feb 20 2014 (HC)

Shyam Lal Nagori and ors Vs. State and ors

Court : Rajasthan Jodhpur

.....for the petitioners while reiterating the above has insisted that this court ought to intervene for necessary redress. upon hearing the learned counsel for the petitioners and on a consideration of the pleaded facts and the documents appended to the writ petition, we see no reason whatsoever to accede to the prayer made. not only the relevant provisions of the rules read conjointly with the pleaded averments demonstrate in unequivocal terms that the respondents have conformed to the prescribed requirements of preparation of the proposed master plan, publication thereof and consideration of objections, suggestions and representations as solicited, the writ petition does not disclose any assertion cognizable in law to generate even a prima facie 3 satisfaction that the exercise undertaken by the respondents in preparing the proposed master plan for the development of bhinder town either is in violation of the act and the rules or is in any manner incompatible with the ultimate objective thereof. the instant petition therefore is bereft of any merit and is thus rejected. (vijay bishnoi)j. (amitava roy)cj parmar

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Feb 20 2014 (HC)

Present: Mr. Naveen Daryal Advocate Vs. Presiding Officer Industrial T ...

Court : Punjab and Haryana

.....total number of 159 days. in the year 2003, when his services were terminated on 31.07.2003, he worked only for a total number of 80 days. the said fact would be clear from the table at page 39. definition of continuous service under section 25-b has been defined as under:- “25b. definition of continuous service. – for the purposes of this chapter,-- (1) a workman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted service, including service which may be interrupted on account of sickness or authorised leave or an accident or a strike which is not illegal, or a lock- out or a cessation of work which is not due to any fault on the part of the workman; (2) where a workman is not in continuous service within the meaning of clause (1) for a period of one year or six months, he shall be deemed to be in continuous service under an employer — (a) for a period of one year, if the workman, during a period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than— (i) one hundred and ninety days in the case of a workman employed below ground.....

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Feb 20 2014 (HC)

Ved Prakash Vs. State and ors.

Court : Delhi

.....of evidence of each case, whether this has dented the prosecution version, even when the perpetrator or culprit was known to the complainant. in the facts of the present case, we do not think that the ratio of the said decision would help and assist the appellant. the trial court has specifically referred to statement of asi sajjan singh (pw3), who has deposed that on reaching the spot of occurrence on the night of the incident, he had spoken to the complainant at about 12.30 a.m. and at that time, names of the accused persons were not disclosed. however, the complainant had suspected and raised suspicion about in-laws of his sister. pw-3 in the cross-examination accepted that sister of the complainant was present when he was writing the „rukka‟ i.e. the complaint.7. the assertion made by the learned counsel for the appellant that sunil was arrested on 13th december, 2005 is contrary to the deposition of inspector suraj bhan (pw13). pw13 has stated that on 15th december, 2005, he had recorded statement of raj rani (pw-4) and the complainant and they in their statement had disclosed the names of the respondents sunil and vinay. as per the arrest memo ex.pw7/a, sunil was.....

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Feb 20 2014 (HC)

Fao No.2522 of 1999 Vs. Harban Singh and Others

Court : Punjab and Haryana

.....been sent to parties as found in the court registers.in respect of some cases, persons have responded and in many cases nobody has responded. 2. in the above case, the papers have been reconstructed and the cause list gives names of counsel of both sides. there is no representation for the appellants at the time when the matter is called. kamboj pankaj kumar 2014.02.26 13:58 i attest to the accuracy and integrity of this document chandigarh fao no.2522 of 1999 -2- the appeal is dismissed for default of appearance and non prosecution. 3. copy of the order may be dispatched to the parties/counsel whose name appear in the cause list. (k. kannan) judge february 20, 2014 pankaj* kamboj pankaj kumar 2014.02.26 13:58 i attest to the accuracy and integrity of this document chandigarh

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Feb 20 2014 (HC)

Commissioner of Income Tax, Kolkataxxi Vs. M/S K.K. Enterprise

Court : Kolkata

.....evidence could not have been taken into account without affording an opportunity to the assessing officer to have his say in the matter. customarily, a remand report is called for when additional evidence is adduced. in this case no such remand report was called for. we are as such of the opinion that the order under challenge passed by the learned tribunal to that limited extent suffers from procedural irregularity and is to that extent set aside. the matter is remanded to the assessing officer. he shall take into consideration the additional evidence and shall hear the assessee and shall pass an appropriate order. the appeal is thus disposed of. (girish chandra gupta, j.) (sudip ahluwalia, j.) km ar(cr)

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Feb 20 2014 (HC)

Jiju Anto Wilson Vs. Neyyattinkara Primary Co-operative Agricultural a ...

Court : Kerala

.....- - - - dated 20th february, 2014 - - - - - - - - - - - - - - - - - - - - - - - - judgment the petitioners admittedly have complied with the interim order. considering the impecunious circumstances and the submission of the petitioners that they would approach the respondent bank for an one time settlement, the following orders are passed.2. if the petitioners make an application under the ots scheme, bank shall consider it and the petitioners shall be entitled to satisfy the entire loan amounts as per the scheme as directed by the respondent bank. however, in the case of the scheme not being extended to the petitioners, then the bank shall permit them to pay off the entire dues in instalments as provided herein. (i). the petitioners shall produce a certified copy of this judgment before the respondents within two weeks of receipt wp(c).16470/13 2 of the same. (ii). the respondents shall quantify the amounts due and inform the petitioners in writing the amounts due as on 28.2.2014. (iii). the respondents shall grant fifteen monthly instalments for the payment of the balance dues, starting from 20.3.2014. (iv). recovery proceedings shall be kept in abeyance on condition that the.....

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Feb 20 2014 (HC)

M/S Reliance Digital Media Ltd. Vs. M/S Jawed Habib Hair Xpreso Ltd.

Court : Punjab and Haryana

.....section 8 read with section 5 of the arbitration and conciliation act, 1996 for closing the suit and referring the disputes to arbitration.2. the facts briefly are that the petitioner is owner of reliance mart, crown interiorz mall, sector 35, faridabad and let out space to the respondent to operate its business through space measuring 150 square feet in the mall. the commercial relationship between the petitioner and the kumar paritosh 2014.02.25 15:32 i attest to the accuracy and integrity of this document cr no.5358 of 2012 :2: respondent is governed by a written contract agreement. clause 12 of the agreement gave reliance absolute and exclusive control and possession over the store and any space therein, from which, it would allow the vendor to engage in business. the vendor shall not be or deemed to be in possession of any such area. the vendor shall not claim any right of tenancy, sub-tenancy, lease, license, easement or possession or any other right or interest of whatsoever nature in respect of the store or such space or any part thereof in terms of schedule 6 of the agreement. reliance shall mean reliance digital media ltd., the petitioner before this court. the.....

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Feb 20 2014 (HC)

M/S.Cadbury India Ltd Vs. State of Kereala

Court : Kerala

.....for the year 2005-06 and consequential penalty proceedings thereon initiated by the assessing o.t.rev.no. 63 of 2012 -:2. :- authority. brief facts necessary for the disposal of the revision can be recapitulated as follows:2. the petitioner, a registered dealer on the rolls of assistant commissioner, special circle-ii, ernakulam is, inter alia, engaged in the activity of manufacturing of cocoa based chocolates and allied products. during the assessment period, raw cocoa beans were purchased by the petitioner directly and also through agents appointed by the petitioner. for the purpose of effecting purchases from the agents of raw cocoa beans, the petitioner had entered into agreements with the agents from time to time. annexure a-2 is the copy of one of such agreements. according to the terms of the agreement, raw cocoa beans immediately after the delivery by the seller became the property of the petitioner as it is purchased by the petitioner's agent for and on behalf of the petitioner and sale was complete at the place of purchase itself. from the place of buying, the beans are transported to the designated centres of o.t.rev.no. 63 of 2012 -:3. :- the petitioner using.....

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