.....petitioner is that the impugned award is arbitrary and illegal inasmuch as learned adjudicator has failed to appreciate that the petitioner had, in fact, worked with the management till 21.10.1990, when his services were illegally terminated and the petitioner had no reason to leave the job. it is also his contention that when his services were illegally terminated, his last drawn wages were rs.1100/- per month. it was submitted that the petitioner had placed on record documents exhibited as ex.wwand ex.wwwhich showed his attendance marked on 20.08.1990 and 12.09.1990 respectively at a government pump house, wherein he was deputed by the management. he, therefore, contends that if the petitioner had left the services in 1989, as alleged by the management, his attendance would not have been marked in the register for the month of august and september, 1990. in support of the said submission, the petitioner had also placed on record a letter of his father dated 07.08.1990, which according to him, was received at the address of the factory of the management. according to the petitioner, in case he was not working with the management, there was no way the said letter could have been.....
Tag this Judgment! Ask ChatGPT.....on the contrary it is submitted that the suit is liable to be dismissed with cost. the same may be substituted / amended as: exemplary prayer in the facts and circumstances above mentioned and in the light of the fact that the parties cannot live together in the suit property or be joint any further, the defendant most respectfully prays that this hon’ble court may most graciously be pleased to: a. dismiss the suit filed by the plaintiff with costs; b. pass a preliminary decree in favour of the defendant declaring that the defendant is entitled to 1/3rd share in the properties owned by the huf, as on date, viz. a. 152, bhagat singh market, kannaught place, new delhi; b. plot at saraswati kunj, gurgaon; c. f71 bhagat singh market, connaught place, new delhi d. total sale proceeds of rs.15 lakhs in the sale of a land (2 ½ acres) at sohna road and e. e64, greater kailash enclave part 1, new delhi. c. pass a consequential decree of perpetual injunction restraining the plaintiff and other defendants from interfering in fao(os) 73/2018 page 4 of 7 the peaceful occupation of the 1/3rd share of the defendant no.1`in the properties mentioned above. d. appoint a commissioner to divide.....
Tag this Judgment! Ask ChatGPT.....2018.” admission process to be over in all respects by 31st second list of candidates (if any) will be displayed 3.4. adverting, now, to the facts. the petitioner, who, at the time, was a little over three years of age, applied for admission to the pre-school classes in the school for the academic session 2018-2019, on 10th january, 2018.5. applying the admission criteria, as extracted hereinabove, the petitioner scored 80 points, as she was residing within 5 km of the school, her mother happened to be an alumnus of the school and she was the first born child of her parents. it is apparent, from a glance at the points allocated against various criteria in the first table in the admission criteria extracted in para 2 hereinabove (referred to, hereinafter, for the sake of felicity, as “the points table”), that the maximum points which a child could possibly score would be 80, as w.p.(c) 2339/2018 page 3 of 16 no child could possibly qualify both under criteria 1.2 and 1.4. in other words, the petitioner scored the maximum number of points, i.e. 80, as per admission criteria fixed by the school itself. she is, therefore, conveniently being referred to, hereinafter, as an.....
Tag this Judgment! Ask ChatGPT.....or first information report should be quashed on the ground that the offender and victim have settled the dispute, revolves ultimately on the facts and circumstances of each case and no exhaustive elaboration of principles can be formulated. 16.6. in the exercise of the power under section 482 and while dealing with a plea that the dispute has been settled, the high court must have due regard to the nature and gravity of the offence. heinous and serious offences involving mental depravity or offences such as murder, rape and dacoity cannot appropriately be quashed though the victim or the family of the victim have settled the dispute. such offences are, truly speaking, not private in nature but have a serious impact upon society. the decision to continue with the trial in such cases is founded on the overriding element of public interest in punishing persons for serious offences. 16.7. as distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. they stand on a distinct footing insofar as the exercise of the inherent power to quash is concerned. from 16.8. criminal cases involving offences which.....
Tag this Judgment! Ask ChatGPT.....passed by the arbitral tribunal, due to inadvertence, this relief was not granted in favour of the petitioner. he submits that the petitioner, in fact, moved an application under section 33 of the act before the arbitral tribunal, however, the arbitral tribunal has rejected the same on the ground that it was beyond the period prescribed in section 33(1) of the act. he submits that in case this correction is made in the award, he is not aggrieved with the remaining finding of the award and therefore, has been forced to challenge the award merely because of this error that has crept in the award. omp(comm.) no.393/2018 page 2 5. on the other hand, learned senior counsel for the respondent submits that the arbitral tribunal has partially rejected the claim no.e(ii) of the petitioner which was a challenge to the invocation of the bank guarantee(s). he further submits that the arbitral tribunal has allowed the respondent to retain the amount received on encashment of the performance bank guarantee as damages over and above the liquidated damages as prescribed in clause 6.3.2 of the agreement, which have been separately allowed in favour of the respondent under counter claim no.5......
Tag this Judgment! Ask ChatGPT.....properties of this revenue estate vested in the central government/dda and that w.p. (c) 3817/1991 filed by private persons/individuals on similar facts stood dismissed for non-prosecution. in the rejoinder filed by petitioner-society to the reply affidavit of 3. respondents no.2 & 3, it is reasserted that petitioner-society vide letter of 8th july, 1985 addressed to director (panchayat), delhi had conveyed its acceptance to all terms of the letter of allotment of 24th june, 1985 and it was also communicated to respondents that petitioner-society has arranged the funds to deposit lease amount, etc., and is ready to pay it at any time.... petitioner-society asserted that vide letter of 17th august, 1985, w.ps.(c) 9036/2008 & 4324/2010 page 2 of 12 audited statement of account of petitioner-society was also submitted to director (panchayat), delhi and vide another communication of 10th january, 1986, a request was made to director (panchayat), delhi to act upon the letter of allotment of 24th june, 1985. however, it is stated that during the said period, a notification for requisition of land in village nasirpur under the land acquisition act was issued, but the said notification.....
Tag this Judgment! Ask ChatGPT.....in khasra no.403, village masjid moth, new delhi. the trial court has held that the appellant/plaintiff is not the owner of the suit land and in fact the appellant/plaintiff is guilty of encroachment of suit land which is a public land, and this encroachment which was done by the appellant/plaintiff with his brother was removed on 20.08.2004, but once again the appellant/plaintiff has thereafter encroached upon the public land. the earlier encroachment made was removed by respondent/defendant on 20.08.2004 after the suit filed by the brother of the appellant/plaintiff, sh. krishan gopal atree, and who lives in the same premises as that of the appellant/plaintiff, was dismissed in default with respect to the same suit premises/land resulting in vacation of the injunction obtained by sh. krishan gopal atree, and also the application for restoration of the suit was also dismissed.3. the facts of the case are that the appellant/plaintiff pleaded that the appellant/plaintiff is the owner of the subject land, being a 15 ft. wide strip of land falling in khasra no.403 of village masjid moth, new delhi, and adjoining to the east side of the rfa no.116/2019 page 2 of 27 residence of.....
Tag this Judgment! Ask ChatGPT.....the relevant portion of the impugned order notes:-"9. it is pleaded by the respondents that the petitioner is guilty of concealment of various facts i.e. that the petitioner has concealed the exact details and particulars of the available accommodation with him. in his reply filed by the petitioner, it is pleaded that as the said accommodation was residential house, wherein the petitioner does not has enough space to set up his office nor he does not want to set-up the lawyer's office from the said residence and wants to set-up it separately. it is further explained by the petitioner that he has to deal with the various types of clients like corporate, criminals, businesses sector etc and that he do not want to entertain them at his residence. it need not be mentioned here that it is for a professional to decide as to which one of the client should visit at his residence and accordingly he cannot forced to deal with his clients at his residence itself. the petitioner has already disclosed the accommodation available with him. it is also pleaded by the respondents that the petitioner has not disclosed that he has initiated eviction petition against another tenant, sh......
Tag this Judgment! Ask ChatGPT.....or first information report should be quashed on the ground that the offender and victim have settled the dispute, revolves ultimately on the facts and circumstances of each case and no exhaustive elaboration of principles can be formulated. 16.6. in the exercise of the power under section 482 and while dealing with a plea that the dispute has been settled, the high court must have due regard to the nature and gravity of the offence. heinous and serious offences involving mental depravity or offences such as murder, rape and dacoity cannot appropriately be quashed though the victim or the family of the victim have settled the dispute. such offences are, truly speaking, not private in nature but have a serious impact upon society. the decision to continue with the trial in such cases is founded on the overriding element of public interest in punishing persons for serious offences. 16.7. as distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. they stand on a distinct footing insofar as the exercise of the inherent power to quash is concerned. 16.8. criminal cases involving offences which arise.....
Tag this Judgment! Ask ChatGPT.....the litigation expenses to the tune of rs. 11,000/- were also awarded to the respondent/wife. mat. app. (f.c.) 27/2017 page 1 of 5 2. the necessary facts to be noticed for the disposal of the present appeal are that the marriage between the parties was solemnized on 28.01.2008 at new delhi as per hindu rites and ceremonies. no child was born out of said wedlock. the parties are living separately since 10.10.2010. the appellant/husband has filed a petition for divorce seeking divorce under section 13 (1) (ia) of hma on 27.10.2010 which is pending.3. counsel for the appellant/husband submits that the family court has failed to take into account that the respondent/wife had played a fraud upon the court by filing false affidavits before the family court concealing her employment and financial status. she further submits that the respondent/wife is a well qualified person and besides being mba in human resource, she has done a diploma in secretarial practice and has a rich corporate experience. in this backdrop, it is submitted that the respondent/wife is not entitled to any maintenance at all and the family court was not justified to only exclude the limited period of employment.....
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