.....payment of the entire rent arrear payable at the enhanced rate from the date of filing of the petition, before the landlord proceeds to file suit for realisation of rent arrear. accordingly, the revision petitioner is given six months' time to make payment of the rent arrear at the enhanced rate from the date of filing of the petition. we also permit the revision petitioner to file an application under section 11(2)(c) of the act to have the order under section 11(2)(b) set aside, within the statutory period counted from this date. r.c.r. no. 151 of2013a ::6. :: in the result, this rent control revision is dismissed by granting some time to the revision petitioner to make payment of the rent arrear and also to make application under section 11(2)(c) of the act as mentioned above. the parties will bear their respective costs of this proceeding. (k.t.sankaran) judge (p.ubaid) judge ahz/
Tag this Judgment! Ask ChatGPT.....as funeral expenses, rs.50,000/- is added as loss of consortium and rs.50,000/- is added on account of loss of love and affection, considering the fact that the accident had taken place in the year 2003. the total compensation payable would be rs.9,42,024/-.7. the tribunal had found that the deceased himself had contributed to the negligence. the accident had occurred when the truck driver had suddenly applied the brakes. jagir singh, who was coming on his motorcycle had struck the truck from behind and had sustained injuries. had the motorcyclist maintained a safe distance and had he been careful, the accident could have been avoided. it appears that the motorcyclist was also driving at a high speed and was unable to control the speed, therefore, he could not stop his motorcycle on time. the finding regarding contributory negligence recorded by the tribunal is affirmed.8. the tribunal had awarded a sum of rs.3,65,120/-. this amount would be deducted from the compensation sunil 2014.02.26 10:24 i attest to the accuracy and integrity of this document fao no.3087 of 2005 (o&m) -5- assessed above, which comes to rs. 5,76,904/-. the appellants would only be entitled to 70% of the.....
Tag this Judgment! Ask ChatGPT.....of the management witness.7. after hearing counsel for the parties, this court is of the opinion that the labour court has come to a categorical factual finding on two issues, namely, sailesh ranjan 2014.02.26 12:25 i attest to the accuracy and integrity of this document cwp no.10899 of 2010 -4- that the petitioner's services were terminated and he had not left the job. the management had failed to produce any attendance register or documentary evidence, though it was claimed that the workman was working as junior engineer (electrical). thus, an adverse inference was rightly drawn against the management. on the other issue as to whether the labour court had jurisdiction to adjudicate under the provisions of the act because of the appointment letter dated 29.08.1999 (annexure p8), is without any basis. the said document cannot, now, be taken into consideration.8. a perusal of the statement of the management witness would go on to show that a categorical stand was taken by shri k.s.yadav, general manager of the petitioner-management that they had no document, appointing him as a supervisory staff and that he was appointed orally and no appointment letter was issued to him......
Tag this Judgment! Ask ChatGPT.....ex.d46, ex.d48, ex.d50, ex.d52, ex.d54, ex.d56, ex.d60, ex.d65, ex.d67, ex.d69 and ex.d71. it was, thus, held that the plaintiff is entitled to claim his fee @ `2,200/- per case to the extent of 13 cases. although counsel for the appellant has argued that the judgment and decree of the courts below are illegal being pervers.but he could not point out any perversity in the appreciation of evidence by both the courts below. since no question of law much-less substantial is found to have been involved in the present appeal, therefore, i do not find any reason to interfere in the concurrent finding of fact recorded by both the courts below. the appeal is, thus, hereby dismissed. february 19, 2014 (rakesh kumar jain) vinod* judge
Tag this Judgment! Ask ChatGPT.....pay a fine of rs.1000/- in default of payment of fine to further undergo rigorous imprisonment for a period of six months. saini paramjit kaur the facts, in brief, are that kamlesh daughter of gian chand 2014.03.05 15:35 i attest to the accuracy and integrity of this document chandigarh cra- s- 1051-sb of 2001 -2- complainant is married with pappu son of kishan lal in village senwat khera for the last about seven years.she already had two children but on 1.9.2000 she gave birth to a daughter. his son-in-law pappu came to his (complainant’s) house on 2.9.2000 and expressed desire to take his daughter (name not disclosed) with him as she was required for doing household work. the complainant sent his daughter aged about 15 years with his son- in-law on the same date. on 7.10.2000, the prosecutrix and kamlesh returned to the house of the complainant at dabwali. the prosecutrix told her mother sito bai that on 12.9.2000, she was alone in the house of kamlesh when kamlesh’s devar (husband’s brother) manak chand came inside the room, bolted it from inside and by showing a knife committed sexual intercours.with her forcibly and thereafter he committed sexual intercours.with her.....
Tag this Judgment! Ask ChatGPT.....award dated 27.07.2012, passed by the labour court, gurgaon, vide which, the reference was decided in favour of the workman and in view of the fact that the management had initially put in appearance but later on, it was proceeded ex parte on 01.08.2012. from the deposition of the workman, it was held that his services were illegally terminated and he was entitled to reinstatement along with 40% back wages, on the basis of the last drawn salary.2. counsel for the petitioner has placed on record certified copy of the award dated 27.07.2012, since operative part of the typed copy of the said award (annexure p6), is not correct.3. a perusal of the paperbook would go on to show that the workman was employed with the petitioner-management on 21.05.2007 and remained till 04.05.2010, as a security guard and his services were terminated on 05.05.2010. it is pleaded by the workman that the said termination was illegal as no domestic enquiry was conducted against him, no retrenchment compensation was given to him and the mandatory provisions of section 25-f of the act have, thus, been sailesh ranjan violated. 2014.03.05 10:44 i attest to the accuracy and integrity of this document.....
Tag this Judgment! Ask ChatGPT.....for prosecution is refused by the competent authority while the officer is in service, he cannot be prosecuted after retirement notwithstanding the fact that no sanction for prosecution under the pc act is necessary after the retirement of a public servant. the order was passed following the decision in chittaranjan das v. state of orissa[1]..3. however, in the case of the appellant herein, sanction was granted by the standing committee of the corporation while he was in service. though the same was subsequently withdrawn, that order was set aside by the high court holding that the order on withdrawal was passed without proper application of mind.4. the appellant has three main contentions: (i) since he was appointed in service by the administrator, sanction for prosecution can be given only by the administrator and in case, the administrator is not in position, then the sanction is to be given by the state government who appoints the administrator. (ii) at any rate, there is no proper and valid sanction by the competent authority. (ii) since the proceedings for prosecution against his superior officers have been quashed by this court, proceedings in his case also be quashed.....
Tag this Judgment! Ask ChatGPT.....of shri kamta prasad appellant filed an application for impleading her as a party as legal heir of late shri kamta prasad in a proceeding held under order 22 rule 3 cpc. the learned civil court in a proceeding held under order 22 rule 3 cpc i.e.the court of civil judge, class ii, naogaon on 23.4.2010 rejected the application under order 22 rule 3 cpc and based on the evidence that came on record held that late kamta prasad richhariya was never married and it was held that the present appellant smt. champa devi is not the legal -:2:- heir of shri kamta prasad. based on this finding when the family pension was with-held, appellant had filed the writ petition. learned writ court has found that so long as the order passed by the trial court on 23.4.2010 subsists and finding is recorded against the appellant to say that she is not legal heir of late kamta prasad, she cannot claim family pension and in stopping the family pension, it is held that treasury officer has not committed any error. we are of the considered view that in dismissing the writ petition on the grounds as are indicated herein above, learned writ court has not committed any error warranting interference. appeal is.....
Tag this Judgment! Ask ChatGPT.....respondents. as per the information given to the respondents there is an arbitration clause where the dispute with regard to payment can be referred to the arbitrator. the agreement is with the food corporation of india and there is an arbitration clause where the claim with regard to payment can be settled between the parties. the payment has to be made by the food corporation of india who has not been made a party in this writ petition. at this stage, no order can be passed in favour of the petitioner. as the petitioner's claim can only be settled by way of invoking the arbitration clause and since the payment has to be made by the food corporation of india, no directions can be issued to the state of punjab. the writ petition is disposed of. ( ritu bahri ) judge192.2014 rupi kaur rupinder 2014.02.28 11:00 i attest to the accuracy and integrity of this document chandigarh
Tag this Judgment! Ask ChatGPT.....account of loss of love and affection, and another sum of `1 lac towards loss of consortium to the widow. keeping in view the entire conspectus of facts, i award `50,000/- on account of loss of love and affection and `45,000/- more on account of loss of consortium to the appellant no.1-widow. i further grant `1 lac to the appellant no.2 and ` 50,000/- to the appellant no.3 on account of loss of love and affection. i also add future prospects in the income with the addition of 30% in view of the observations made by this court in fao no.929 of 2014(o&m).titled as national insurance company limited v. gurdev kaur and others.decided on 18.02.2014. i further award `15,000/- more towards funeral expenses and transportation. it is made clear that all the enhanced amount shall be paid along with the same rate of interest as awarded by the tribunal from the date of filing of the claim petition till the date of realization. apart from the individual amount awarded, apportionment and management of the compensation would be as per the sharma ashish 2014.03.05 09:36 i attest to the accuracy and integrity of this document chandigarh fao no.1647 of 2007 (o&m) -4- direction of the tribunal......
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