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Feb 11 2014 (HC)

Adv.T.P.Pradeep Vs. the Tahzildar

Court : Kerala

.....a 'converted land' having effected conversion before commencement of the 'act'. this being the position, the provisions w.p.(c)no.1445 of 2014 2 of act 28 of 2008 are not attracted to the case on hand as per the law declared by this court in jafarkhan v. k.a.kochumarakkar & others [2012 (1) klt491 and the claim has to be considered with reference to clause 6 of the klu order, in view of the law declared by this court in praveen k. v. land revenue commissioner, thiruvananthapuram & others [2010 (2) klt617. the legal position has been reiterated in the subsequent decisions as well, reported in revenue divisional officer v. jalaja dileep [2014 (1) klt161. in the said circumstance, the additional fifth respondent is directed to consider ext.p10 application preferred by the petitioners under clause 6 of the klu order and to pass appropriate orders in accordance with law so as to enable the petitioners to make use of the land for other purposes than agricultural purpose. the proceedings as above shall be finalized after hearing the petitioners at the earliest, at any rate, within two months from the date of receipt of a copy of the judgment. the petitioners shall produce a.....

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Feb 11 2014 (HC)

Mohil @ Sahil Vs. Bhupinder and Others

Court : Punjab and Haryana

fao-4391-2003 (o&m) 1 in the high court of punjab and haryana at chandigarh fao-4391-2003 (o&m) (mact case no.5 of 2001) date of decision:11. 2.2014 mohil @ sahil ...appellant versus bhupinder and others ...respondents coram: hon'ble mr.justice jitendra chauhan present: mr.ak goel, advocate for the appellant mr.dk dogra, advocate for the cross-objector-insurance company **** jitendra chauhan, j.1. the present appeal has been filed by the claimant-appellant, seeking enhancement of the compensation amount awarded by the learned motor accident claims tribunal, bhiwani (for short 'the tribunal'), vide award dated 25.7.2003, on account of the injuries suffered by him in a motor vehicular accident. the cross-objections have been filed by the insurance company.2. learned counsel for the appellant contends that the appellant suffered multiple injuries. he remained admitted in hospital for a long period. the accident occurred in district bhiwani, from, where the injured were shifted to delhi. the learned tribunal awarded a lump sum amount of rs.6,000/- as compensation, which is on the lower side. shanker gauri 2014.02.24 10:41 i attest to the accuracy and integrity of this document high.....

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Feb 11 2014 (HC)

M.M. Mohammed Somyoon Vs. Aayishabi M.

Court : Kerala

.....that if the petitioners have any such apprehension they can very well alert the family court for necessary protection. a vague allegation that the men of the respondents would manhandle the petitioner is not a ground for transfer. this court does not find any legal ground for transfer of the case from tirur to thrissur. in the above circumstances, this petition is dismissed with tr.p.(crl).no. 106 of 2013 2 observation that if the petitioner apprehends any such acts from the side of the respondents, he can very well move the family court for necessary protection, and if any such protection order is absolutely necessary, appropriate orders can be passed by the family court, tirur. sd/- p. ubaid (judge) // true copy // p.a. to judge dsv/13/02

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Feb 11 2014 (HC)

Management of the Karannur Scb Ltd Vs. V.Subhash

Court : Kerala

.....the 11th day of february, 2014 judgment antony dominic, j.this appeal is filed against the judgment in w.p.(c). no.30225 of 2008 to the extent an order under section 33 (c)(2) awarding interest has been upheld by the learned single judge. there was an industrial dispute between the appellant and the respondent. that was referred for adjudication to the labour court, kozhikode which numbered the dispute as i.d.no.17 of 1976. the reference was answered by ext.p2 award setting aside the punishment of dismissal and ordering reinstatement with back-wages. that award has become final.2. for claiming the monetary benefits due under the award, the first respondent filed claim petitions. those claim petitions were ordered as per ext.p10 whereby the monetary benefits due to the first respondent were quantified by the w.a.no.699 of 2013 2 labour court and interest @ 9% was also awarded by the labour court. challenging ext.p10 the appellant filed the writ petition.3. by the judgment under appeal the learned judge interfered with the liability as quantified and directed re- quantification of the amounts due in the light of the findings in the judgment. however, the learned judge upheld the.....

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Feb 11 2014 (HC)

Rosey @mary Clement Vs. Village Officer,

Court : Kerala

.....certificate to serve the ends of justice. ii. to issue such other writs, order or directions as this hon'ble court may deem fit and necessary in the facts and circumstances of the case." 2. the petitioner is the owner of property having an extent of 6.20 ares in re.sy. no.14 (old sy.no. 172/4d/2) in block no.048 of eloor village covered ext.p1 title deed. the case of the petitioner is that when she approached the respondent/village officer for remittance of basic tax and also for issuance of possession certificate, the same was not accepted referring to an attachment noted over the property. according to the petitioner, though a suit (o.s.n.745 of 2004) was filed against the w.p.(c)no. 29766 of20132 petitioner for realization of money by m/s. shriram investment ltd, the same was dismissed and no appeal has been filed. it is also stated in paragraph '2' of the writ petition that, four more cases are pending against the petitioner in the sub courts at paravur and irinjalakkuda. the learned counsel for the petitioner seeks to rely on the decision in anwar m. easa vs. district collector (2010(1) klt747, wherein it has been held that land tax can be collected from thandaper.....

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Feb 11 2014 (HC)

Manilal.T Vs. the Geologist

Court : Kerala

.....the revenue authorities intercepted the business of the petitioner by issuing a stop memo which however stands stayed by this court as per ext.p2 order . the case of the petitioner is that the stock has already been verified by the concerned geologist, as borne by the endorsement on ext.p4 (extract of stock register) and that because of intervention, the petitioner could not make use of the licence so as to dispose of the ordinary sand already stocked in the premises. the prayer is only to enable the petitioner to deal with the said stock by directing the respondent to grant 'p-form'.2. heard the learned government pleader as well, who submits that the request of the petitioner can be considered, if a proper application is filed before the respondent/geologist provided the material stocked in the premises is not river sand w.p.(c)no.2422 of20142 but ordinary sand.3. in the above circumstance, the petitioner is set at liberty to file a proper application before the respondent/geologist within 'two weeks' from the date of receipt of a copy of the judgment, upon which the same shall be considered and appropriate orders shall be passed, after conducting a spot inspection and after.....

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Feb 11 2014 (SC)

State Bank of India and ors. Vs. Surya NaraIn Tripathi

Court : Supreme Court of India

.....senior counsel appearing on behalf of the appellants and mr. sunny choudhary learned counsel appearing on behalf of the respondent. (3) the brief facts of this appeal are that the one b.p. tripathi the father of the first respondent was working in the state bank of india from 27.12.1969 and he died while in service on 19.1.1998 after completing more than 28 years of service. at that time he was working as assistant manager. the respondent no.1 who is his son applied for a job on compassionate basis and his application was turned down by the bank which led to the writ petition. the writ petition was allowed by the learned single judge and the appeal of the bank therefrom was dismissed. hence this appeal by special ...2/- :2: leave. (4) it is submitted by mr. vikas singh learned senior counsel appearing for appellants that earlier in the year 1979 there was a different scheme which was prevalent in the matter of compassionate appointment, and amongst others there was a provision for an interview under clause 7.5(f) of the hand book on staff matters. in 1994 this court rendered a judgment in umesh kumar nagpal vs. state of haryana & ors. reported in 1994 (4) scc138wherein it.....

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Feb 11 2014 (HC)

M/S.Lakshmi Civil Engineering Services Pvt.Ltd Vs. the Kerala Water Au ...

Court : Kerala

.....quoted shall be subject to price variation in the price of pvc resin as detailed below. the prices of pvc pipes quoted shall be based on the ex- factory price of pvc pipes (basic price exclusive of ed) as on 5 days prior to the date of submission of tender corresponding to the then prevailing ipcl pvc resin grade 67er092. the tenders shall offer their rates based on this resin price only and the resin price at which the rates are quoted shall also be specifically mentioned in the offer for confirmation of this condition. the price variation shall be effected according to the ratio 1:0.95 ie. for ever increase/decrease of the prices of pvc resin by one rupee per tonne, the corresponding increase or decrease in price of pvc pipes will be applied at the rate of rs. 0.95/- tonne. for the purpose of the price variation, the standard weight of pvc pipes per meter shall be considered. for orders involving pre- wp(c).29615/12 -:6:- delivery inspection, the resin prices prevailing one month prior to the date of offer for inspection shall be applicable provided the offer for inspection is made within the date specified in approved procurement schedule. (b)if the offer for inspection is.....

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Feb 11 2014 (HC)

Lpa No. 196 of 2014 (O and M) Vs. Jatinder Kaur ........Appellant

Court : Punjab and Haryana

.....post of member, block samiti. the state authorities cannot deny her right to continue as anganwadi worker. may be due to financial constraint, she is doing so. her livelihood cannot be denied only because she has contested for the post of member, block samiti. may be, she was not advised properly when she contested the election. her contesting the election does not show that her work and conduct was not satisfactory. under the circumstances, this appeal is disposed of allowing the appellant to resign from the post of member, block samiti within kumar ashwani 2014.03.03 12:38 i attest to the accuracy and integrity of this document lpa no.196 of 2014 (o & m) -3- seven days from today. her resignation be accepted forthwith and she be allowed to continue as anganwadi worker. (jasbir singh) judge (harinder singh sidhu) judge 11.2.2014 ashwani kumar ashwani 2014.03.03 12:38 i attest to the accuracy and integrity of this document

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Feb 11 2014 (HC)

Present: Mr. Bhag Singh Advocate Vs. State of Haryana and ors.

Court : Punjab and Haryana

.....driving licence, but only 5 have been selected. though favourtism and nepotism has been alleged, but there is absence of material particulars or facts available with kumar dinesh 2014.03.03 11:36 i attest to the accuracy and integrity of this document high court,chandigarh lpa no.2167 of 2013 4 the petitioner sufficient to nullify the selection. if some candidates joined the post and were dismissed later or joined the post and left, the vacancies stand consumed. appointments cannot be made from the waiting list. these posts will have to be re-advertised to meet the standards required under articles 14 and 16 of the constitution. no sufficient material has been placed on record for this court to return a finding that the selection stands vitiated for any valid reason. no mala fides has been alleged against anyone much less against the selection board. the petitioner having participated in the recruitment process cannot turn around and assail it on failure to make the merit.”. nothing has been brought out against the selected candidates, who are also not before us. no ground is made out to interfere with the decision of learned single judge. dismissed. (jasbir singh ) judge (.....

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