.....circumstance warranting a request made to exercise the power comes into being, the authority empowered has to take a call and consider the relevant facts and take a decision. the authority cannot say that it would not even consider the relevant facts.13. learned counsel for the writ petitioner would then urge that time was extended for hari om tiwari, m.dwivedi and n.shashidharan to join as members of the commission inasmuch as they had submitted voluntary retirement applications which were deferred because in the exigencies of service where the three gentlemen were working it was found that they were indispensable.14. well, it may be a good reason to extend the joining date to a government servant if his services cannot be dispensed with in an existing department, but that would not mean that where a government servant who has been selected to serve as a member of a commission prays that even his joining time be extended by three months so that he can earn an increment which would impact his pension for all times to come should not even be considered.15. we highlight that the wrong committed by the writ petitioner is to not even consider the request to defer joining time by.....
Tag this Judgment! Ask ChatGPT.....be effective from 10.09.2000. it cannot be said that this information was manipulated or was pre-dated as the same was documented. atul kohli relied upon by the learned counsel for respondent no.2, therefore, does not apply to the facts of the present case.5. since the petitioner was not the director of the company on the date when the offence was allegedly committed, he cannot be prosecuted by taking aid of section 141 of the n.i.act. a reference in this connection may be made to a judgment of this court in m.l. gupta v. dcm financial services limited 167 (2010) dlt 428.in similar circumstances, the complaints were quashed by the delhi high court in criminal mc nos.1317/2009, 1318/2009, 1319/2009, 1320/2009, 1321/2009 & 1322/2009.6. i find no reason to take a different view. thus, the petitions preferred by the petitioner are allowed and criminal complaint case nos.2106/1 of 2003, 895/12 of 2005, 901/12 of 2004 and 897/12 of 2004 and the proceedings arising there from as against the petitioner are quashed.7. pending applications also stand disposed of. (g.p. mittal) judge january 08 2013 vk
Tag this Judgment! Ask ChatGPT.....auto to the aiims hospital where she was admitted and attended to. the same night she was operated upon for about 3-4 hours. pw-10 narrated all the facts verbatim to the police and his statement (ex.pw 10/a) was recorded. thereafter, he returned to the house with police officers but his father was not present there. photographs were taken, site plan was prepared and neighbours were inquired by the police. on 28th may, 2011, pw-10 was called by the police as they searched for his father around chirag delhi till the appellant was found at prachin shiv mandir and arrested. the appellant was interrogated and, thereafter, on his pointing out the weapon of offence i.e. the knife, it was recovered from underneath the cushion in the house. the knife (ex.p-1) was produced before pw-10 and he recognized it. pw-10 has stated that throughout the treatment his mother i.e. sheela dass remained on the ventilator till she died on 6th june, 2011. in the cross examination, pw-10 agreed that, on 27th may, 2011, police had come, and thoroughly searched the house and had taken photographs at the crime spot. he has accepted that knife was not found at that time. he has averred that relations between.....
Tag this Judgment! Ask ChatGPT.....to undertake the exercise himself, instead of remanding the matter back to the labour court to return a finding on this disputed question of fact. on consideration of the evidence led before the labour court, the learned single judge held that the services of the respondent workman had actually been terminated in the year 1992 and further holding that the said termination was legal and justified, dismissed the writ petition filed by the appellant.3. in state bank of bikaner & jaipur v. om prakash sharma (2006) 5 scc 123.an industrial dispute was raised by the respondent workman culminating in a reference being made to the industrial tribunal with respect to the action of the management in terminating the services of the workman and employing another junior workman in his place in violation of section 25h of the industrial disputes act. the labour court concluded that the respondent had failed to prove that after termination of services another workman was employed in his place in violation of section 25h of the act. a finding, however, was arrived at that no seniority record was maintained as required under rule 17 of industrial disputes rules and, therefore, the.....
Tag this Judgment! Ask ChatGPT.....the notice of that eviction petition the petitioner sought leave to defend the same by filing an application and his affidavit stating therein the facts which according to him entitled him leave to defend the eviction petition. the respondent no.2 filed his reply to the petitioners application for leave to defend and refuted the averments made therein. however, before the learned rent controller could take any decision on the petitioners leave to defend application the respondent no.2 filed a criminal complaint under section 200 of the code of criminal procedure,1973 against the petitioner and one other person to whom the rented premises had been allegedly sub let by the petitioner. in the complaint commission of the offences punishable under sections 193/199/209/34 ipc by the petitioner was alleged because of his having sought leave to defend the eviction petition on false pleas.3. the learned magistrate after recording the pre-summoning statements of the complainant(respondent no.2 herein) and his son passed the impugned order summoning the petitioner herein only as an accused for the commission of the offence under section 209 ipc. feeling aggrieved by that order the present.....
Tag this Judgment! Ask ChatGPT.....24, rohini, delhi. later on, the complainant came to know that the petitioner was not the rightful owner of the plot sought to be sold. when this fact was brought to the notice of the petitioner, a sum of `15 lacs was returned. the remaining amount was, however, not returned. respondent no.3 thus lodged a report with the police.3. during hearing of the bail application on 17.03.2012, a sum of `8 lacs was paid on behalf of the petitioner (by the petitioners wife) to respondent no.3. it was agreed that a sum of `1 lac shall be paid at the time of quashing of the fir. the understanding is admitted by respondent no.3 who is present in person.4. the learned counsel for respondent no.3 has however, urged that respondent no.3 has apprehension that petitioner may take some proceedings against respondent no.3 to her prejudice in respect of the transaction. the petitioner, who is present in person undertakes that he will not initiate any proceedings in respect of the transaction in question.5. ms. rajdipa behura, app for the state has gone through the fir and admits the averments about the dispute between the parties.6. it goes without saying that the offence punishable under section.....
Tag this Judgment! Ask ChatGPT.....sicom, idbi, ifci and some other banks and state financial corporations were impleaded as parties. relying on the award, bipl took possession of the factory premises on 14th september 2003. upon an application made by sicom in the execution petition following the award, an order was passed by the court on 15th september 2003 directing the status quo to be maintained.3. in the execution proceedings ceylon biscuits ltd. (cbl), a sri lankan company, filed an application expressing its willingness to submit a bid for the land and plant and machinery of bipl in patiala, punjab. it made an offer of rs. 12.5 crores and deposited the earnest money of rs. 25 lakhs in us dollars (usd). in view of the winding-up proceedings, the proceedings before the execution court were directed to be placed before the company court.4. by an order dated 17th july 2004, cbls bid of rs. 12.5 crores was accepted by the company court and the sale in its favour was confirmed. meanwhile, an application had been filed by bipl in the company court for a direction to sicom not to sell the property and for maintaining status quo in respect thereof. the appeal filed by bipl against the order dismissing the said.....
Tag this Judgment! Ask ChatGPT.....elected, the administrator/receiver appointed vide order dated december 19, 2005 was to continue to discharge the duties assigned as per the said order. the instant application has been filed alleging non-compliance of the order dated 31.07.2006 by the court nominee justice v.s. aggarwal. it is alleged that procedure was not followed by him and two persons became self styled dictator of the building instead of providing facilities. it was alleged that they do not allow the access to the occupants to their flats and have manhandled and threatened one occupant. it is prayed that they would be directed not to misbehave, mishandle and maltreat the occupants in any manner. having heard the learned counsel for the applicant/defendant no. 1, it is noted that the application is a frivolous one having been filed after dismissal of two similar applications, one on 07.12.2006 and another on 27.07.2007. there seems to be some personal grievance of defendant no. 1/applicant against the office bearers of the plaintiff no. 1 association. the suit having already been disposed of vide order 31.07.2006 and there being nothing warranting review of the same, the present application is not.....
Tag this Judgment! Ask ChatGPT.....seeking benefits of employment from 8.8.1977 instead of from 1.7.1984 which has been granted by the director of education/respondent no.2.2. the facts of the case are that petitioner claims to have been appointed as a tgt (hindi) in the school-vijay jyoti co-education middle school, usmanpur, delhi-53. a typed copy of the appointment letter of the petitioner as tgt (hindi) has been filed as annexure p-1 (page 13 to the petition). the petitioner claims that the school was a recognized school when the petitioner took employment with the school and which was thereafter granted grant-in-aid by the directorate of education on 20.1.1981 with retrospective effect from 1.8.1979. the petitioner pleads that at the time of ordering grant-in-aid, three posts of language teachers were sanctioned and of which two posts were given to tgt (hindi) and one post was given to tgt (sanskrit). the post of tgt (sanskrit) was given to one sh.b.n.tripathi and which is not in issue because the petitioner claims benefit of the post of tgt in hindi. so far as the two posts of tgt (hindi) are concerned, one post was granted on the date of granting of grant-in-aid to one sh. dharamviri devi who, the.....
Tag this Judgment! Ask ChatGPT.....that the respondents were warned by the general council that stern action would be taken against them if they continues to do so. peeved over the fact that they have not managed to get a toehold in the general council of the first applicant, the respondents have continuously managed to disrupt the functioning of the first applicant at the instance of rival unions who are bent on creating a division in affairs of the first applicant. the respondents have been guilty of not heeding to the directions of the general council and have willfully violated express directions of the first applicant and indulged in subversive acts aimed at destroying the unity of the first applicant including embezzlement of money. such acts have been elaborately highlighted in the order of suspension which the applicants will advert to later. in accordance with the by-laws of the first applicant, notice for the 46th general council meeting of the first applicant to be held at namakkal on 14.7.2012 and 15.7.2012 was sent on 26.6.2012 to all the general council members of the first applicant along with the agenda for the meetings of the general council including election of the office bearers. the.....
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