.....to the concerned-authorities, his grievance has not been redressed till date. at the asking of the court, mr.mohnish sharma, advocate, who is present in court, accepts notice on behalf of the respondents. after hearing learned counsel for the parties, this writ petition is disposed of with a direction to the competent authority of hvpnl to decide the representation of the petitioner which is stated to be pending before it within three months from the date of receipt of certified copy of cwp no.22828 of 2012 -2- this order. in case the petitioner is found to be entitled to any relief, the same shall be granted within two months thereafter. needless to say that if the claim of the petitioner is not accepted, the speaking order shall be communicated to the petitioner. november 20, 2012 (rakesh kumar garg) ps judge
Tag this Judgment! Ask ChatGPT.....mohinder singh when stating in connection with patrolling near telephone exhange, model town, where one phg madan lal came to get the notice under section 160 cr.p.c.served to vinot sood in case no.280/2001 under section 420/ 406 ipc then they saw that vinot sood and inder pal singh both the petitioners were fighting with each other at public place. in this background the fir was registered. crl.misc. not m-33565 of 2012 (o&m) -2- during the pendency of the trial, the matter has been settled between both the petitioners and they have entered into compromise (p-2) in compliance of order dated 19.10.2012, a status report has been sent by judicial magistrate, ist class, ludhiana. statement of both the petitioners have been recorded to the effect that they have compromised the matter. consequently, in view of the status report dated 16.11.2012 and in view of the judgment of the hon'ble supreme court in the case of madan mohan abbot versus state of punjab 2008 (2) rcr (criminal) 429, the law laid down by the full bench of this court in the case of kulwinder singh and ors.versus state of punjab and another 2007(3) rcr (crl.) 1052, no useful purpose would be served in prolonging the.....
Tag this Judgment! Ask ChatGPT.....court deems fit and proper. and for this act of kindness, the petitioner as in duty bound ever pray.”2. bereft of unnecessary details, the facts leading to filing of the above two writ petitions are as follows. on 9th july 2012, at about 11 a.m., a wall of the anganwadi centre operating at nelia upper primary centre at suansia under ranpur block in the district of nayagarh collapsed causing death of seven children, who were below 5 years. hence, the present writ petition.3. mr. narasingha mishra, learned senior advocate appearing for the petitioner in w.p.(c) no.12553 of 2012 submitted that the anganwadi 4 centre was running in a very old and dilapidated house separately attached to the primary school of suansia village. though the primary school building was constructed under sarva sikshya abhiyan, the anganwadi centre was a house having mud and brick wall with tin roof running in a very dilapidated condition. the condition of wall of the house was precarious. on the very day, the children of the anganwadi centre were sitting and waiting for their meal. when the anganwadi worker had gone to bring food for them wall of the said house collapsed. after this incident, the.....
Tag this Judgment! Ask ChatGPT.....court deems fit and proper. and for this act of kindness, the petitioner as in duty bound ever pray.”2. bereft of unnecessary details, the facts leading to filing of the above two writ petitions are as follows. on 9th july 2012, at about 11 a.m., a wall of the anganwadi centre operating at nelia upper primary centre at suansia under ranpur block in the district of nayagarh collapsed causing death of seven children, who were below 5 years. hence, the present writ petition.3. mr. narasingha mishra, learned senior advocate appearing for the petitioner in w.p.(c) no.12553 of 2012 submitted that the anganwadi 4 centre was running in a very old and dilapidated house separately attached to the primary school of suansia village. though the primary school building was constructed under sarva sikshya abhiyan, the anganwadi centre was a house having mud and brick wall with tin roof running in a very dilapidated condition. the condition of wall of the house was precarious. on the very day, the children of the anganwadi centre were sitting and waiting for their meal. when the anganwadi worker had gone to bring food for them wall of the said house collapsed. after this incident, the.....
Tag this Judgment! Ask ChatGPT.....the letter of appointment issued to the respondents. the dispute of non-payment of wages, would be covered by clause-17 and as such the cgit had infact no alternative, except to refer the parties to the arbitrator under clause-17 for resolution of the dispute between them. it is also his submission that, the question of arbitrability of the dispute can be left to the arbitrator since an arbitrator is empowered to decide the question of his own jurisdiction. 8). placing heavy reliance upon another decision of the apex court in the case of booz allen and hamilton inc. v/s. sbi home finance limited and others, reported in (2011) 5 scc page 532), mr. seervai submits that, every civil or commercial dispute is, in principle, capable of being adjudicated by arbitration, unless the jurisdiction of the arbitral tribunals is excluded either expressly or by necessary implication. there is no express exclusion of industrial dispute from the purview of arbitration. such a dispute is also not covered by the excepted matters enumerated â â and elaborated by the apex court in the judgment cited. mr. naidu, the learned counsel for the respondents, counters with a submission that, an.....
Tag this Judgment! Ask ChatGPT.....4, 25 and 27 of the arms act. he also acquitted co-accused i. e. accused nos.3, 4 and 6 to 9 of the offences for which they were charged. 2. facts which are material for deciding these appeals are as under :- on the night of 15th june, 2007, the first informant ranjit naik and his family members were sleeping in their house. in the early hours of 16th june, 2007, ranjit got up to answer call of nature, when he noticed one person in the kitchen. by the time he raised alarm and other members of the family woke up, three more persons barged into the house by breaking open the front door of the house. they asked inmates of the house not to shout. the inmates also told the miscreants not to injur and take away whatever the miscreants wanted. the miscreants then fled away with valuables worth rs.3,24,000/- after tying ranjit and his father vijay. their sister, swapna, who was also in the house untied them. ranjit went to neighbours house and telephoned police. the police party soon arrived. on a report by ranjit, an offence was registered. 3. the police performed panchanama of the spot and started investigation. in course of investigation, appellants and others were arrested......
Tag this Judgment! Ask ChatGPT.....crucial for the case are p.w.3 dr. ajit patil, who has conducted post mortem examination, panch, photographer, examined to prove the peripheral facts; (c) p.w.2 pradip is a star witness, who reached the place of incident when dipali was amidst the fire; 6. testimonies of p.w.4 indubai and p.w.5 rajesh reveal that the marriage was solemnized in the year 2000. there were some bickerings between couple. dipali had arrived at her parents house and again returned. there was exchange of notices. all that these witnesses say is that they have suspicion that husband and in-laws have burnt dipali. father-in-law had evil eye on dipali. dipali was ill-treated. these witnesses apprehend that accused must have murdered dipali. 7. the post mortem examination report (exh.63) reveals the cause of death to be shock following thermal burns. deceased had sustained 100% burns of second and third degree. these facts are proved by p.w.3 dr. ajit patil, and this aspect is undisputed. 8. p.w.2 pradip patil has stated in paragraph 3 of examination-in-chief as follows:- "when i came to the first floor i noticed that deepali was burning and the people were extinguishing the fire none from the family.....
Tag this Judgment! Ask ChatGPT.....wrong in assuming the annual income of the deceased at rs.1,32,000/- and further committed wrong in deducting 1/3rd of the amount by ignoring the fact that the deceased was unmarried. 5] miss pathade, learned counsel appearing for the respondents supported the judgment and award passed by the learned tribunal. 6] the points which arise for my consideration are: a] whether the findings arrived at by the tribunal holding the driver of the bus responsible for the accident is supported by the evidence on record? b] whether the quantum of compensation worked out is just and fair? 7] p.w.2 harish who was driving the motorcycle entered the witness box to explain the manner in which the accident occurred. he deposed that he was driving the motorcycle in a slow speed. when he reached near century hotel, state transport bus came from opposite direction in a high speed and dashed against his motor cycle. he and the deceased fell down. the deceased came under rear wheels of the bus. when carried to the hospital, she was declared brought dead. suggestions were put to him that while overtaking the auto-rickshaw the motorcycle dashed against the bus. many more suggestions were given to him,.....
Tag this Judgment! Ask ChatGPT.....is already deposited, this court holds that the sentence for default needs to be reduced. so one more opportunity can be given to her to deposit remaining amount of rs.20,000/-. if the default is committed then the sentence of one month needs to be given to her in view of aforesaid circumstances. so, the order. order 1) the revision against judgment and order of conviction is dismissed. however, the judgments and orders of the trial court and first appellate court of sentence are modified as the amount of rs.40,000/- as against the compensation of rs.60,000/- is already deposited. if the remaining amount of rs.20,000/- is not deposited within six weeks from today, the petitioner will be liable to undergo simple imprisonment for period of one month. 2) the respondent / complainant will be entitled to withdraw amount of rs.40,000/- after six weeks from today. if the remaining amount of rs.20,000/- is also deposited that amount be also paid to the original complainant. 3) rule made absolute in aforesaid terms.
Tag this Judgment! Ask ChatGPT.....while restoring the view taken by the tribunal their lordships observed: âin the present case, the claimants had filed for compensation under section 166 of the motor vehicles act, 1988. the original claim petition had been filed by the mother and brother of the deceased and the deceased was 33 years of age when he died in the accident. for the purpose of calculating the multiplier, the high court held that the mother was the real legal representative and others could not claim to be the legal representatives of the deceased, and accordingly applied a multiplier of 5, whereas the tribunal had calculated compensation by considering a multiplier of 16. this court is of the opinion that the law as has been laid correctly in sarla verma, a very well considered judgment, is to be followed. the reasoning of the high court is not correct in view of the ratio in sarla verma. following the same the high court should have proceeded to compute the compensation on the age of the deceasedâ (emphasis supplied). in that view of the matter, the tribunal has correctly applied the multiplier of 17. hence the compensation to which the claimants are entitled to is thus: rs.750/- (loss of.....
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