.....public premises (eviction of unauthorised occupants) act, 1971, which stands dismissed vide impugned order of 14th december, 2011. 2. undisputed facts as noted in the impugned order are that petitioner's lease on the subject premises was last extended with effect from 1st june, 1986 for a period of five years and vide respondent's communication of 22nd january, 1990, petitioner was called upon to clear the arrears of lease money, due since july, 1988. having failed to clear the arrears of `21,68,399.52 p., 'notice to quit' of 23rd may, 2006 was served by the respondent - bank upon the petitioner, who had responded to it, by expressing inability to clear the arrears as the petitioner's company was under board for industrial and financial reconstruction proceedings. it is not in dispute that no fresh lease deed was executed after the expiry of the lease on 31st may, 1991. the proceedings under the public premises (eviction of unauthorised occupants) act, 1971 initiated against the petitioner-company, resulted in passing of the eviction order against the petitioner-company. 3. the grounds on which the plea of bias against the estate officer is based stands noted in paragraph no:.....
Tag this Judgment! Ask ChatGPT.....the respondent workman is reinstated in service but only on technical ground that such provision should not have been invoked. having regard to this fact and going by the spirit of orders passed by the supreme court in dtc vs. prakash chand, we are of the opinion that in the instant case as well, the respondent workman is not entitled to any back wages. the order of the learned single judge as well as the impugned award passed by the labour court is modified to this extent. 5. some amount towards back wages was recovered by the respondent workman in the execution proceedings in the year 2002, before the writ petition was filed. that amount shall not be recovered from the respondent workman by the appellant. 6. it is further made clear that the respondent workman shall be given the regular wages with effect from 10.07.2009 since when he joined back the services. as per the award, the intervening period has to be counted for the purpose of retiral / pensionary benefits. we make it clear that since continuity in service has been granted and we have only denied the arrears of back wages, the pay of the respondent workman w.e.f. joining on 10.07.2009 is to be as if there was no.....
Tag this Judgment! Ask ChatGPT.....to form- ii i.e., stage-ii grievance, on 29th march, 2003. this was rejected by the respondent on 30th may, 2003, and it was clarified that in fact, since the disciplinary proceedings were pending against the petitioner, the recommendations of the aforesaid regional promotion committee have been kept in a sealed cover and will be governed by the relevant rules. 5. on 26th august, 2003, on the eve of the petitioner‟s retirement, which was coming up on 31st august, 2003, the deputy manager (hr-er and w), initiated the following note proposing that the case against the petitioner be closed; “sh. manohar singh, emp. no. 21308, dy. manager (safety), safety deptt. is due for superannuation from the services of the corporation on 30.8.2003 (an). in this context, it is submitted that there is a disciplinary case pending against sh. manohar singh as per following details: s. no.charge-sheet no.misconductstatus1.btps/04/21308: 2001/2002 dt. 23.11.2001furnishing false documents for claiming of hra from the companyenquiry is continuing.it may be pertinent to mention that on attaining the age of superannuation and thus retiring from service, the employee-employer.....
Tag this Judgment! Ask ChatGPT.....and the ground of bonafide necessity was also taken by the contesting respondent in the eviction petition. in reply to the eviction petition, the factum of petitioners being in arrears of license fee was contested but of there being bonafide necessity of the contesting respondent in respect of the subject premises was not disputed and willingness to pay the dues subject to renewal of the license agreements was expressed. however, 'notice to evict' was contested by the petitioners on the plea that old license fee was payable upto december, 1999 and from january, 2000 onwards, revised license fee was payable but the contesting respondent had been illegally demanding the revised license fee from the year 1992 till may, 2002. aforesaid plea was negated by the estate officer and in appeal, the eviction order was contested on the ground that termination of the license agreements by the contesting respondent was not by the authorised person and the eviction order on the ground other than the one mentioned in the notice under section 4 of the public premises (eviction of unauthorised occupants) act, 1971 stands vitiated. 6. ms.anjana gosain, learned counsel for the petitioners - farid.....
Tag this Judgment! Ask ChatGPT.....merely pleaded that in case of doubt regarding any name it is required to obtain the clearance of the respondent no.1 before registration. 6. the act aforesaid was enacted to prevent the improper use of certain emblems and names for professional and commercial purposes. section 3 thereof prohibits use, inter alia of any name specified in the schedule of the act or any imitation thereof without the previous permission of the central government. para 7 of the schedule of the said act is as under: “7. any name which may suggest or be calculated to suggest – (i) the patronage of the government of india or the government of a state; or (ii) connection with any local authority or any corporation or body constituted by the government under any law for the time being in force.” 7. the reasoning of the respondent no.1 is not found to be perverse so as to be interferable in exercise of powers of judicial review. on the contrary the petitioner has been unable to show any need for insistence on registration as a society with the said name only. the petitioner has also been unable to show any prejudice or injury which it may suffer if adopts any other name. the use of the.....
Tag this Judgment! Ask ChatGPT.....i.a. no.5509/2011 filed by the counter-claimant/defendant no.3 under order vi, rule 17 and order 1, rule 10 read with section 151 cpc. 2. the brief facts are that the plaintiffs have filed the above-mentioned suit for declaration, permanent and mandatory injunction against the present defendant no.3/counter-claimant and others, on the premise that plaintiff no.1 is a society registered under the societies registration act, 1860 and the said society by virtue of a resolution dated 20.04.2008 expelled the defendant no.3/counter-claimant from the its membership. 3. defendant no.3/counter-claimant has filed his written statement as well as the counter-claim thereby controverting the claim made by the plaintiffs. defendant no.3 has also questioned the true status and position of plaintiff no.1 as a society to run as an educational institution. 4. the issues were framed on 18.05.2010 in the main suit. the plaintiffs were directed to adduce evidence in the first instance and ten weeks’ time was granted to the plaintiffs to produce the evidence by way of affidavit(s). an additional issue was also framed on 22.09.2010 in view of the application filed by defendant no.3, being i.a......
Tag this Judgment! Ask ChatGPT.....conciliation act, 1996 challenging the order dated 29.05.2009 passed by the sole arbitrator in a dispute between the parties. briefly stated, the facts of the case can be summarized in the following manner. 2. the brief facts of the case as per the petitioner are, that on 30.11.1994 a tender bearing no.14021/mt (mms) was floated by the department of telecommunication (hereinafter referred to as dot) for procurement of pijf cables, opened on 24.01.1995. the procurement against the tender was for two years from the date of issue of 1st advance purchase order. supplies by all the successful bidders were to be made at l-1 rates. 3. on 22.01.1997, the letter of intent for 40 lckm cables was issued to the respondent wherein it was stated that “prices of pijf cables for the purpose of obtaining present quantity will be provisional till applicable prices are available and shall be calculated at 95% of the total price (inclusive of all taxes and duties) finalized in tender dated 24.1.1995 on account of customs duty reductions in budget for 1996-1997”. as pert the petitioner, the prices were kept provisional because the budget for the 1996-1997 was announced on 23.07.1996.....
Tag this Judgment! Ask ChatGPT.....the photographs and the fir support the pleas of the petitioners. 4. the judgments relied upon by the respondent are in the cases where the facts were disputed. it was in that context held that disputed questions of fact could not be adjudicated in the writ jurisdiction under article 226 of the constitution of india. however, in the present case, the respondent inspite of opportunity has not controverted the facts at all. the only presumption / inference is that the respondent is not able to. 5. once the facts are not in dispute, the negligence of the respondent is writ large and speaks for itself. considering that the petitioner no.1 is a girl child, has to lead her entire life with the handicap aforesaid which has been evaluated by the safdarjung hospital also at 85%, i feel compensation of ` 7.5 lacs to be appropriate. 6. the writ petition is accordingly allowed and the respondent is directed to within one month hereof pay compensation of ` 7.5 lacs. out of the said amount, a sum of ` 25000/- be released immediately in favour of the petitioner and the balance amount be forwarded in the form of a fixed deposit in a nationalized bank in the name of the petitioner no.1.....
Tag this Judgment! Ask ChatGPT.....vs. mcd 2007 vii ad (delhi) 441 and to swarn singh vs. union of india manu/de/0791/2010 discussing the legal position in detail. 6. i find the facts of the present case to be similar to those of sh. kishan lal vs. govt. of nct of delhi manu/de/8177/2007; that was also a case of a child of seven years falling in an open manhole - in that case, till the date of the incident, managed by sulabh international. this court in that case held that the respondents mcd and sulabh international failed to demonstrate how death could have reasonably happened without negligence on their part; on the basis of the opinion of the doctor that the cause of death was asphyxia as a result of drowning and from the factum of discovery of the body, by local residents, in the manhole near the lavatory which the child had visited and from the factum that if the manhole was covered the child would not have been found in it, inference of negligence was deduced; the plea of contributory negligence was negated. a perusal of the file of the court of the metropolitan magistrate requisitioned in this court shows that the postmortem report in the present case also records the cause of death as asphyxia due.....
Tag this Judgment! Ask ChatGPT.....has raised the preliminary objection as to the maintainability of the petition; it is pleaded that the petition entails disputed questions of fact which cannot be adjudicated in writ jurisdiction. it is further stated that the lanes in the area in question are quite narrow and a lot of sludge flows into the drains which requires frequent cleaning/maintenance and the respondent no. 2 mcd is taking all necessary measures to ensure the same. it is pleaded that the accident has happened on account of negligence on the part of the deceased/petitioners. 5. the petitioners in their rejoinder to the counter affidavit of respondent no. 1 have reiterated that the respondents have violated public duty and that the petitioners are illiterate and since the deceased was brought out of the sewer/drain and was dead, police investigation was not sought; it is pleaded that contributory negligence cannot be imputed to a child of tender age; principles of res ipsa loquitur and strict liability are invoked. 6. the counsels for the respondents have been heard and the written arguments along with judgments filed by the counsel for the petitioners perused. 7. in view of the plethora of case law.....
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