.....of his superannuation. review pet. 272/2018 page 4 of 14 12. as such, in my view, it cannot be disputed, at this stage, that the petitioner was, in fact, not in gainful employment after his termination from service by the kvs.13. before this court, in the writ petition, the kvs did not choose to question the award of the learned tribunal on merits, but restricted its arguments to an issue of jurisdiction.14. vide my judgment dated 18th january, 2018, which is subject matter of the present review petition, i decided the issue of jurisdiction in favour of the review petitioner and against the kvs and, consequently, dismissed the writ petition with the following directions: “(i) 50% of the wages that the respondent would have drawn, along pensionary and retiral benefits, worked out on that basis, from october 2017 (when he would have superannuated in normal course) till date, shall be disbursed, to him, by the petitioner, within one week of the date of receipt, by the petitioner, of a certified copy of this judgement. in doing so, the amount already paid to the respondent, under section 17-b of the act, shall be adjusted. (ii) the petitioner to disburse pensionary and retiral.....
Tag this Judgment! Ask ChatGPT.....of the appellant that she had been constantly in touch with her counsel, but the counsel did not intimate to her of any date of hearing or the fact that she had been proceeded ex-parte, the family court has observed that no complaint had been filed by the appellant against the counsel before the bar counsel of delhi and that the practice of blaming previous counsels has been seriously deprecated by the high court. finding no merit in the grounds taken by the appellant for setting aside the ex-parte decree, the family court dismissed the application. in addition to this, the application is also dismissed being filed belatedly.7. learned counsel for the appellant has contended that the family court had erred in not appreciating that she had instructed her counsel to appear in the matter but he chose to absent himself from the proceedings and did not even inform to her that he was not prosecuting her case. she was under bonafide plea that her counsel would be prosecuting the case on her behalf diligently and had no reason to suspect that he was not appearing in the matter. she further submitted that the appellant had no knowledge that complaints could be filed against.....
Tag this Judgment! Ask ChatGPT.....forms the basis of this rule is expressed in the maxim ‘vigilantibus, non-dermientibus, jura subveniunt’, (the law helps those who are watchful and not those who are asleep). therefore, the object of the law of limitation is to compel a person to exercise his right of action within reasonable time as also to discourage and suppress stale, fake or fraudulent claims.8. it appears that the applicant/board is concealing the true facts of its knowledge. it is also evident that the applicant has been careless and negligent in pursuing its case in the court. be that as it may, the applicant has failed to make out any justification for condonation of delay or restoration of revision petition. i do not find any merit in the crp no.1171/1989 page 5 of 6 applications, which are accordingly dismissed with no order as to costs. january25 2019 “shailendra” (vinod goel) judge crp no.1171/1989 page 6 of 6
Tag this Judgment! Ask ChatGPT.....claimants with right to recover qua driver rinku kumar and owner universal public school. mac.apps. 338/2017 & 717/2017 page 3 of 14 2. the brief facts stated are that the claimants filed a claim petition under sectionof motor vehicle act 1988, claiming compensation of rs.1,25,00,000/- (rupees one crore twenty five lac only) on account of death of the deceased sandeep verma in a road accident on 01.05.2010. as per the claim petition deceased sandeep verma was going towards madhuban, preet vihar on his motorcycle at a normal speed on 01.05.2010 at about 10:30 am, when he reached in front of patparganj, opposite to v3s mall, preet vihar a school bus bearing registration no.dl-1va-6707 (hereinafter referred to as the offending vehicle) having yellow colour and was driven by rinku kumar (driver) at a very high speed, rashly, negligently, without following necessary precautions, without proper lookout, violating the traffic rule and without using horn hit the motorcycle dl-7 sbd3069with a great force from behind which caused grievous injuries on the person of the deceased. he was taken to makkad medical centre, priyadarshani vihar, delhi where he was admitted and he later succumbed.....
Tag this Judgment! Ask ChatGPT.....effect. he was informed that he was taken back in duty.2. the tribunal has dismissed the original applications taking into consideration the fact that the said scheme was found by the punjab & haryana high court in kala singh & others vs. union of india & others, cwp no.7714/2016 decided on 27.04.2016, to be unconstitutional. the court ruled that the said scheme provided for back-door entry into the railways and, thus, it offended public policy and was opposed to articles 14 and 16 of the constitution of india. the special leave petition preferred before the supreme court, i.e. s.l.p.(civil) no.4482/2017 was dismissed by the supreme court on 06.03.2017.3. similarly, another scheme – similar to the larsgess scheme, formulated in respect of the employees of singareni colleries company limited was struck down by the high court of judicature at hyderabad for the states of telangana & andhra pradesh and that decision was upheld by the supreme court vide order dated 17.04.2017 in s.l.p.(civil) no.11566/2017 titled telangana boggu gani karmika sangam vs. k. satish kumar & others. w.p.(c.) no.10279/2017 page 2 of 4 4. the submission of learned counsel for the petitioners is.....
Tag this Judgment! Ask ChatGPT.....are constrained to move this court for crl. m.c. no.2686/2018 page 2 of 7 quashing on the basis of amicable resolution arrived at by them in the facts and circumstances noted above.7. the scope and ambit of the power conferred on this court by section 482 cr.pc read with articles 226 and 227 of the constitution of india, in the particular context of prayer for quashing criminal proceedings, was examined by the supreme court in b.s. joshi and ors. vs. state of haryana and anr., (2003) 4 scc675 against the backdrop of a catena of earlier decisions. noting, with reference to the decision in state of karnakata vs. l muniswamy, (1977) 2 scc699 that in exercise of this “inherent” and “wholesome power”, the touchstone is as to whether “the ends of justice so require”, and it was observed thus : “10. ... that in a criminal case, the veiled object behind a lame prosecution, the very nature of the material on which the structure of the prosecution rests and the like would justify the high court in quashing the proceeding in the interest of justice and that the ends of justice are higher than the ends of mere law though justice had got to be administered according to laws.....
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 crl.m.c. 393/2019 page 2 of 4 cases or such as murder, rape and dacoity financial, mercantile, or offences 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.....
Tag this Judgment! Ask ChatGPT.....prayer in the petition.3. all sides have been heard and, with the assistance of the learned counsel, the record has been perused.4. the background facts leading to the present petition may be noted, albeit in brief, for present purposes. it appears that the company named and styled as bundl technology pvt. ltd., which runs its business in the popular name of “swiggy” has its corporate head office in bangalore (karnataka), the petitioner being its chief executive officer (ceo) and director. the company, through its online platform “swiggy”, would facilitate collection of orders for food and beverages from various customers and arrange for the delivery from the concerned restaurants or food establishments including in or around delhi through delivery personnel described as pdp (pick-up and delivery partners). it appears that such arrangement also covered an establishment named dilli-19, a restaurant in the area of kalkaji, new delhi. it is stated that on 14.07.2018 there was a rush of pdps at the said restaurant, there being some delay in services being provided. it is also stated that the situation turned ugly on which account mr. amit saini, fleet manager of the.....
Tag this Judgment! Ask ChatGPT.....(hereinafter ‘tenanted premises’). rc.rev. 357/2018 page 1 of 9 3. before coming to the impugned order, it would be appropriate to state few facts relevant for disposal of instant petition:-"a) the petitioner is a tenant in respect of tenanted shop, earlier owned by one smt.sushila devi @ sheela rani, mother of the respondent. she died intestate on 11.05.1988 and after her death, the father of the respondent namely sham pal singh and his four sons became the co- owners of property bearing no.x/438, gali no.o, ram nagar, gandhi nagar, delhi – 110031 (hereinafter ‘entire property); b) the respondent and his other three brothers released / relinquished their rights, title and interest in respect of the entire property in favour of their father vide registered relinquishment deed dated 19.07.1988. hence, the father of the respondent became an exclusive and absolute owner of the entire premises; c) in the year 2004 the petitioner was inducted as a tenant in respect of tenanted shop by the father of the respondent on the monthly rental of 750/-, which later on was increased to 990/-. the counter foils of rent receipts till the year 2015 have been placed on record; d) on.....
Tag this Judgment! Ask ChatGPT.....a status report has been placed on record and its perusal shows that admission form of petitioner’s daughter stands verified. without commenting on merits, the substantive sentence awarded to petitioner is suspended for a period of two weeks, to enable him to get his daughter admitted to school, subject to his depositing the fine awarded, if not already done.... petitioner be admitted to bail subject to his furnishing bail bond in the sum of ₹20,000/- with one local surety in the like amount to the satisfaction of the trial court for a period of two weeks from the date of release and he shall surrender thereafter forthwith. the application is accordingly disposed of. dasti. crl.rev.p. 357/2018 list in the category of ‘regulars’ in due course. january25 2019 v (sunil gaur) judge crl.rev.p. 357/2018 page 2 of 2
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