.....the respondent no.2/upsc as well as the directorate countered this submission of the petitioners and stated that the said respondents were, in fact, eligible under the recruitment rules.5. the tribunal has rejected the original application filed by the petitioners by placing reliance upon the stand taken by the upsc, which was the concerned organisation involved in the process of selection of respondent nos.4 to 7 on deputation/transfer basis. the tribunal also held that the petitioners, who are direct recruits, had no locus standi to challenge the selection of respondent nos.4 to 7, as the petitioners were not even contenders for the said posts.6. mr.dutt, learned senior counsel for the petitioners has sought to draw our attention to some of the communications exchanged w.p.(c)no.3431.19 page 2 of 7 between the directorate and the department of revenue, ministry of finance as also between the upsc and the directorate. these communications are of 2009-10 vintage. these documents only show that at one point of time before the selection of the respondent nos.4 to 7 on deputation/transfer basis, some issue arose about the eligibility of the said respondents to be appointed as.....
Tag this Judgment! Ask ChatGPT.....with regard to the intended situs of the injuries which were inflicted or the amount of force used in the assault. he, however, submitted that the fact that the injuries suffered by balbir singh included one noticeably crl. appeal no.416/2002 page 5 of 8 with the sharp edge of the weapon, it cannot be argued that it is a case only of simple injuries punishable under section 323 ipc.12. this court on the aforesaid nature of evidence accepts the submission of the appellants that insofar as the assault on the person of pw2 and pw8 is concerned, the guilt of the appellants for the offence punishable under section 323 read with section 34 ipc only has been proved. further, the court concludes that as regards balbir singh, the offence proved is under section 324 read with section 34 ipc, the injuries found by the medical opinion to be simple caused by sharp edged weapon.13. thus, the conclusions reached by the impugned judgment need to be modified. the conviction of the appellants for offence under section 308 read with section 34 ipc is set aside. instead, they are held guilty for offence under section 324 read with section 34 ipc committed against balbir singh (since deceased) and.....
Tag this Judgment! Ask ChatGPT.....that he/she has accepted the charge conveyed to him/her and in such an event the university shall be inclined to take a decision on the basis of the facts available on record. on receipt of the written reply or at the expiry of the above said period of two weeks, the case will be assigned to the examination disciplinary committee and will be processed in accordance with the rules of the university. the final decision of the executive council taken in his/her case will be communicated to him/her in due course. the examination disciplinary committee which would be assigned the case could also consider giving the candidate a personal hearing on a date and time so fixed by it provided that the candidate asks for it in writing. the candidate is required to give a reference to the case number and his roll number while sending a reply to this communication or addressing any communication to the university in this behalf.” 4. ordinance x-a of the ordinances governing the university also merits reproduction thus: for the purposes of this ordinance- “ord. x-a. disorderly conduct and use of unfair means in examination. i. (a) examination means an examination conducted by the university.....
Tag this Judgment! Ask ChatGPT.....holds that the purchase order placed on m/s jyoti divya fabricators pvt. ltd. has been duly proved by the respondent.8. the above being a finding of fact recorded by the arbitrator on basis of the evidence led before her by the parties, and the same not being found to be in any manner unreasonable or perverse, it would not be open for this court to interfere with the same.9. the next challenge of the petitioner is to the award of interest @ 18% per annum. the counsel for the petitioner submits that the rate of interest awarded in favour of the respondent is exorbitant.10. i do not find any merit in the contention of counsel for the petitioner. the arbitrator has recorded the reason for awarding such rate of interest and has held that as the transaction between the parties was commercial in nature, the respondent was entitled to interest @ 18% per annum.11. the award of rate of interest is at the discretion of the arbitrator. the arbitrator having exercised such discretion by giving reasons therefor, which reasons cannot be said to be unreasonable or perverse, especially keeping in view provisions of section 31(7) (b) of the act as it stood before the amendment by way of the.....
Tag this Judgment! Ask ChatGPT.....page 5 of 7 minority, insanity or other legal disability. this is clear not only from the heading of the rule, but also from sub-rule (2). in fact, sub-rule (1) clearly provides that the joint member has to furnish a declaration that the person whose name stands first in the share certificate shall have the right to vote. if the first proviso to rule 22(1) were to be interpreted broadly – to mean that „inability‟ includes a conscious decision of the primary member to voluntarily give up or cede his/her right to vote in favour of the joint member, it would mean that any member would be able to authorise the joint member to vote and attend meetings on his/her behalf. but such an interpretation would clearly be contrary to proviso (b) of section 25 of the act taken note of hereinabove. there is no gain saying that rules are subordinate to the provisions contained in the act, and cannot survive if they are in contravention of the statutory provisions. thus, the only way in which the first proviso to rule 22(1) can be saved from being declared ultra vires, the act, is to read it meaningfully, i.e., to limit the scope of the phrase „inability of the person‟ to mean.....
Tag this Judgment! Ask ChatGPT.....respondent with si manish tyagi mr. ashwini kumar and mr. arup sinha, advocate with respondent no.2 in person coram: hon'ble mr. justice sunil gaur order (oral) crl.m.a.7264/2019 (exemption) allowed subject to all just exceptions. crl.m.c. 1811/2019 quashing of fir no.857/2015, under sections 498-a/4of ipc, registered at police station jamia nagar, delhi is sought on the basis of mediated settlement of 2nd august, 2018 (annexure p-2 colly). upon notice, learned additional public prosecutor for respondent no.1-state submits that respondent no.2, present in the court, is the complainant/first-informant of fir in question and she has been identified to be so, by si manish tyagi on the basis of identity proof crl.m.c. 1811/2019 page 1 of 3 produced by her. respondent no.2, present in the court, submits that the dispute between the parties has been amicably resolved vide aforesaid mediated settlement of 2nd august, 2018 (annexure p-2 colly.) and terms thereof have been fully acted upon. respondent no.2 affirms the contents of her affidavit of 18th february, 2019 supporting this petition and submits that now no dispute with petitioners survives and so, to restore cordiality amongst.....
Tag this Judgment! Ask ChatGPT.....with si deepak panwar. mr. m.r. singh sisodia & mr. akrar m. khan, advocates with respondent no.2 in person. coram: hon'ble mr. justice sunil gaur order (oral) quashing of fir no.367/2014, under sections 498-a/406/5of ipc, registered at police station okhla industrial area, delhi is sought on the basis of settlement of 27th september, 2018 reached between the parties. upon notice, learned additional public prosecutor for respondent no.1-state submits that respondent no.2, present in the court, is the complainant/first-informant of fir in question and she has been identified to be so, by si deepak panwar on the basis of identity proof produced by her. crl.m.c. 1816/2019 page 1 of 3 respondent no.2, present in the court, submits that the dispute between the parties has been amicably resolved vide aforesaid settlement of 27th september, 2018 and terms thereof have been fully acted upon as today, she has received an amount of ₹1,50,000/- by way of demand draft bearing no.09764 dated 5th april, 2019 drawn on central bank of india, gulmohar park branch, delhi and that divorce by mutual consent has been already granted by the family court on 23rd february, 2019. respondent no.2.....
Tag this Judgment! Ask ChatGPT.....by the bidder and the evaluation and comparison of bids by the employer shall be made accordingly.14. he submits that there is no dispute about the fact that the toll bridge was operational, and toll was being collected in respect of use of bridge on river kalisindh prior to the tendering of its rates by the respondent. thus, the respondent was well aware of its obligation to pay the toll for the use of the bridge on river kalisindh.15. learned counsel submits that under the scope of work, only minor works were required to be done on the bridge over river kalisindh, and even that was not carried out by the respondent contractor. he submits that under clause 51.1 of the conditions of contract, the engineer was empowered to make variation, inter alia, in the quantity of works or any part thereof. since fao(os) 65/2019 page 5 of 11 the works in relation to the existing bridge at river kalisindh were not carried out, those works stood excluded from the scope of work, which was valued at only about rs.7.45 lakh out of the total project value of rs.286,65,00,000/-. learned counsel, therefore, submits that merely because the respondent was a contractor working on the stretch within.....
Tag this Judgment! Ask ChatGPT.....words, this court is required to examine as to what was the nature crl.a. 353/2003 page 1 of 27 of the offence committed by the appellant in the facts and circumstances of instant case and as a sequel thereto, the sentence that ought to have been awarded to him.2. the factual matrix of the case as presented by the prosecution is that in the evening of 29.4.2000, the deceased, sh. ravi chaudhary alongwith his wife, smt. shashi chaudhary and two minor children had gone to sidhartha hotel, east patel nagar to attend a party. after attending the party, when the deceased and his family stepped out from the hotel and sat in the car, maruti car bearing number dl-6c b2548 to return to their home, at about 10.15/10.30 p.m., the deceased drove towards the right side of the road to take a u-turn and turn back to the pusa road round about. on reaching dasa prakash restaurant, situated down the same road from sidhartha hotel, the appellant, who was driving a maruti gypsy bearing registration number dl1 4328 and had two children sitting alongwith him, drove down from the pusa road round about side and hit the maruti car of the deceased causing some scratches/dent on it. a quarrel erupted.....
Tag this Judgment! Ask ChatGPT.....produce marketing (regulation) general rules, 2000 (hereafter „the rules‟) in exercise of the powers conferred under section 106 of the act. rule 15 of the rules concerns grant of licences. sub-rule (3) of rule 15 of the rules specifies seven categories of licenses that may be issued. sub-rule (3) of rule 15 is set out below:-"“3) subject to security amount as may be fixed by the marketing committee under bye-laws, the licence fee for licences issued under this rule shall be as under: category of licencees a traders (wholesalers) including flour mills, oil expellers, dal mill, who purchase the agricultural produce to sell it after processing b commission agents carrying on business in the principal market or subsidiary market licence fee (rs.) per annum 100/- 100/- c brokers operating in principal and 100/- w.p.(c) 8323/2017& other connected matters page 8 of 11 subsidiary markets d processors, warehousemen including 100/- coldstorages and gowdown. having for carrying on e retailers established premises their business and selling to consumers only in the market area excluding the principal or subsidiary market f weighmen, measures, surveyors and other similar.....
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