.....for recovery of a sum of rs. 22,87,46,277.10/- towards cost of t & p, machinery, unused material, camp office etc.2. a glance at the relevant facts is considered necessary. in december, 2018, the appellant/plaintiff instituted a commercial suit on the original side of this court for recovery of money against the respondents/defendants. accompanying the said suit was an application filed under order xxxiii fao (os) (comm) 180/2019 page 1 of 16 rule 1 of the code of civil procedure, 1908 (cpc) for seeking permission to file the suit as forma pauperis and for being granted exemption from paying the requisite court fee.3. on receiving advance notice, the respondent/nbcc entered appearance on 14.3.2019. invoking the provisions of order xxxiii rule 5 (f) of the cpc, the respondent/nbcc prayed for rejection of the application filed by the appellant under order xxxiii rule 1 cpc on the ground that the suit itself was barred by limitation. learned counsel for the respondent/nbcc referred to an order dated 9.2.2016, passed in w.p. (c) 1047/2016, filed by the appellant/plaintiff for seeking quashing of a letter dated 4.5.2012 issued by the respondent/nbcc, terminating its contract on.....
Tag this Judgment! Ask ChatGPT.....commission of the aforesaid offences. crl.m.c. nos. 4442/2015, 5003/2015, 5005/2015, 5007/2015 & 58/2017 & crl.rev.p. 38/2016 page 4 of 33 2. brief facts stated are cbi registered an fir rc no.ac2-2010-a- 0003/acu-ii, spe/cbi/nd on following information:"reliable source information has been received that index medical college hospital research centre, indore under the management of mayank's welfare society, indore, applied for permission regarding admission of 2nd batch of mbbs students for academic year 2008-09. but inspection by inspectors of medical council of india (mci), conducted on 8 & 9th may, 2008, observed certain deficiencies regarding shortage of teaching faculty. thus mci asked college to submit a compliance report. accordingly college authorities submitted compliance report claiming rectification of deficiencies. but in another inspection conducted on 27.5.2008, mci team again found certain deficiencies which had been claimed to be rectified. thereafter, another compliance verification inspection was carried out by the mci inspectors on 19.8.2008, in which again deficiencies were observed. the executive committee of mci, including the adhoc members of the council.....
Tag this Judgment! Ask ChatGPT.....against the petitioner was closed and, therefore, there was no occasion for the licensing authority to pass the order dated 17.11.2017 on the same facts. he states that a person cannot be tried again for the same offence. he submits that the impugned orders passed by the licensing authority and the lieutenant governor are, therefore, unsustainable and liable to be set aside.7. the aforesaid contentions are unmerited. the fact that the criminal case against the petitioner had been closed only indicates that the concerned authority found that there was no criminal involvement on the part of the petitioner. however, that is not the ground on which the arms license has been cancelled. as noticed above, the licencing authority had found that the petitioner had acted negligently in handling the weapon. this can hardly be disputed. first of all, the petitioner claims to have been carrying the weapon in his pocket. this court has serious reservations as to that explanation. however, notwithstanding the same, the fact that there was negligence on the part of the petitioner in handling the weapon is undeniable. curiously, the weapon had fallen on the ground and misfired, injuring another.....
Tag this Judgment! Ask ChatGPT.....till 19thfebruary, 2005 and the status of both registrations as on 15th july, 2019 being shown as “removed”.10. the aforesaid were essential facts to be disclosed by the plaintiff in the plaint itself. not only did the plaintiff indulge in concealment but while claiming user of the two since 1925 and 1958 cs(comm) no.364/2019 page 6 of 22 respectively did not disclose that the registrations already stood removed.11. such concealment and sharp practices followed in suits seeking discretionary relief of injunction, not only disentitle the plaintiff to the interim relief but also entail dismissal of the suit. a plaintiff, filing a suit with urgent relief, cannot adopt such practices and contend that the documents filed make the position clear. the court, before which a large number of matters are listed everyday, is not able to before admission of the suit and considering the grant of ex parterelief, go through each and every page of the voluminous documents filed and it is for a plaintiff assisted by advocates to make a clean breast of affairs, so that on the basis thereof the grant/non-grant of ex parterelief can be considered. the documents filed by the plaintiff do not.....
Tag this Judgment! Ask ChatGPT.....protection of right to live safely in the flat without threat of deliberate violation of privacy and right to life and personal liberty.2. the brief facts of the case are that petitioner returned to india after studying actuarial science in usa after 4 yrs service in us insurance companies as actuary. the petitioner returned to india after an unhappy marriage and divorce and joined life insurance corporation of india (hereinafter referred to as ‘lic’) as assistant administrative officer (actuarial). the petitioner resigned from lic in 2003 at the age of 47 years. thereafter, the petitioner applied for 2 bedroom flat m.i.g. (sfs) in delhi development authority (hereinafter referred to as ‘dda’) in its 6th self financing scheme (hereinafter referred to as ‘sfs’) in august 1985 for her parents who were at that time residing abroad. the petitioner requested the w.p.(c) 1756/2019 page 2 of 11 dda on application forms a car garage for her parents. she had added her own, car garage along with scooter garage on the application form and dda accepted the application for mig flat with scooter and car garage but conspired to build car garage alongside the flat for breaking in and.....
Tag this Judgment! Ask ChatGPT.....the plaintiff has filed appropriate declaration that all documents in the power, possession, control and custody of the plaintiff pertaining to the facts and circumstances of the proceedings have been disclosed and copies thereof annexed to the plaint and that the plaintiff does not have any other documents in his power, possession, control or custody. reliance is also placed on order 11 rule 1 (3) cpc. he, however, clarifies that he does not deny that the documents filed by the plaintiff may be relevant. he, however, further states that he is not in a position to comment on the relevancy of the documents, at this stage. he further relies upon a judgment of a co-ordinate bench of this court in the case of shri ramanand vs. dda (thr. it’s vice chairman) & anr., manu/de/2303/2016 and cs(comm.) 1215/2016 & cc(comm.) 36/2017 titled nitin gupta vs. texmaco infrastructure & holding limited dated 29.04.2019 to support his case.3. learned counsel for the plaintiff/applicant has reiterated that the need and occasion to file the documents arose only after the written statement was cs(comm) 900/2018 & cs(os) 264/2018 page 2 of 7 filed by the defendants. he states that there is no delay.....
Tag this Judgment! Ask ChatGPT.....for 10 years along with fine of rs. 5,000/- in default whereof he was directed to undergo simple imprisonment for two years.2. the following facts were noted by the trial court in the impugned judgment: - “1. the case in hand was registered on a complaint (ex. pw2a) of one sh. sudesh rathi. the complainant is working as a crl.a.1208/2015 page 1 of 18 driver in dtc. on 14.11.2014 at about 12:30 am while he was returning to his house at gopalpur on his motorcycle, on turning to main outer ring road, he saw one boy lying on top of the girl near a footpath near gopalpur and also found that girl was in nude condition while the pant of the boy was lowered below his knees.2. complainant, sudesh rathi made a call to his ‘chacha’ sh. raj singh bhati and asked him to come at the spot. when his chacha reached at the spot, they tried to remove boy, but he did not move from over top of the girl. thereafter, sudesh rathi made a call at 100 number from mobile of his chacha bearing no.8800994522. pcr van reached at the spot and separated the boy, who was lying on top of that girl. on enquiry his name was revealed as durgesh pandey. the girl was, however, unable to state her name......
Tag this Judgment! Ask ChatGPT.....for taking action against all the 5 accused persons and summoning them to face trial for the commission of the aforesaid offences.2. brief facts stated are that the cbi registered an fir rc no.rc0062-2010- 0a-0014/cbi/acb/lucknow on following information : - “an information has been received to the effect that some unknown officials of ministry of health & family welfare, govt. of india, new delhi, during 2008-2009 entered into a criminal conspiracy with shri keshav kumar agarwal, crl.m.c. nos. 4443/2015, 4480/2015 & 688/2017 & crl. rev. p. 25/2016 page 3 of 30 chairman, rohilkhand medical college, bareilly and others and in pursuance thereof accorded renewal of permission for admission of 100 mbbs students in the said medical college against all existing norms and in gross violation of medical council of india regulations in order to cause undue favour to the private college, namely rohilkhand medical college, bareilly and its owner. as per the regulations of medical council of india (mci) permission for establishment of a medical college is granted by the govt. of india initially for a period of one year only. it is to be renewed on annual inspections conducted by.....
Tag this Judgment! Ask ChatGPT.....scc351 the tribunal has dealt with this submission of the petitioner from paragraph 18 onwards of the impugned order. the tribunal takes note of the fact that a comprehensive note was submitted for the approval of the prime minister. paragraph 10 and 11 of the note prepared by the desk officer on 28.09.1989 mention the drafts of the sanction order for prosecution of the petitioner, and the charge sheet for initiation of departmental proceedings, and states that they are based on facts mentioned in the sp’s report and that they appear to be in order. paras 10 and 11 of the said note read as follows: “10. the drafts of the sanction order for prosecution of shri rati pal saroj and chargesheet for initiating departmental proceedings against him are based on the facts mentioned in the sp‟s report and appear to be in order.11. the case may be submitted to the prime minister through mos(pp) for soliciting his approval to the prosecution as well as initiation of major penalty proceedings against shri saroj. approval of the prime minister is also solicited for appointment of inquiry officer and presenting officer in case shri saroj denies the charges against him.” 4. the tribunal.....
Tag this Judgment! Ask ChatGPT.....ipc is not compoundable. the parties are constrained to move this court for quashing on the basis of amicable resolution arrived at by them in the facts and circumstances noted above.6. the scope and ambit of the power conferred on this court by section 482 of the code of criminal procedure, 1973 (cr. pc) read with articles 226 and 227 of the constitution of india, in the particular context of prayer for quashing criminal proceedings, has been the subject matter of scrutiny and comment by the supreme court in a catena of judgments. it is well settled that in exercise of this “inherent” and “wholesome power”, the touchstone is as to whether “the ends of justice so require”. this court had the occasion to trace the relevant law on the subject in a batch of matters led by yashpal chaudhrani vs. state (govt. of nct delhi), 2019 scc online del 8179 wherein after taking note, inter alia, of state of karnakata v. l muniswamy, (1977) 2 scc699 state of karnataka v. m. devendrappa, (2002) 3 scc89 b.s. joshi v. state of haryana, (2003) 4 scc675 gian singh vs. state of punjab and anr. (2012) 10 scc303 jitendra raghuvanshi v. babita raghuvanshi, (2013) 4 scc58 k srinivas rao v......
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