.....it shall be the duty of every mutawalli (a) to carry out the directions of the board in accordance with the provisions of this act or of any rule or order made thereunder;(b) to furnish such returns and supply such information or particulars as may from time to time be required by the board in accordance with the provisions of this act or of any rule or order made thereunder. (c) to allow inspection of wakf properties, accounts or records or deeds and documents relating thereto; (d) to discharge all public dues; and (e) to do any other act which he is lawfully required to do by or under this act. 7. here the petitioner is claiming a right to certain benefits under the instrument creating the wakf and the inaction of the committee of management discharging the duties of the mutawalli of the wakf has amounted to a refusal to give the benefits. hence the question is whether the petitioner is entitled to any benefit under the instrument creating the wakf. section 94(2) of the wakf act, 1995 provides that where a mutawalli is under an obligation to discharge any other duties imposed on him under the wakf and the mutawalli wilfully fails to discharge such duties, the board or.....
Tag this Judgment! Ask ChatGPT.....2, p.w. 3 and p.w. 4 that they saw the accused persons to flee away from the field was definitely introduced for the purpose of this case and the facts and circumstances and the evidence on record did not suggest that they saw the accused persons to flee away and, as such, the learned judge had no reason to rely upon those statements. the learned judge further held that the version of the p.ws that the accused persons murdered the victim manjari bibi and waited for about 1 hours in the field giving an opportunity to others to identify them or to see them on that place was improbable. the learned judge acquitted the other accused persons namely ubai and kouser, but, inspite of that the learned judge held this appellant guilty and passed the sentence as stated above. 12. it is in the evidence of p.w. 1 that at about 11.30 /12.00 hours jamat ali and his wife manjari were going towards the field behind his house to ease themselves; after 1 hours from that time the mother of manjari began to raise hue and cry as to why her daughter did not come back; they searched for them but could not find them out. in the cross-examination he has stated that after coming to mothers house manjari.....
Tag this Judgment! Ask ChatGPT.....remained in jail for the period of 1 month and 18 days, if he will be convicted for the sentence already undergone and amount of fine be enhanced, end of justice would be meet out.6. considering the facts and circumstances, i am of the considered view that jail sentence of period of one year appears to be excessive. if the appellant be convicted for the period of jail sentence already undergone and enhance the fine of rs. 2,500/- for each offence, end of justice would be meet out.7. in these circumstances, conviction recorded by the trial court under sections 3(1)(10) and 3(1)(11) of sc/st (prevention of atrocities) act is hereby affirmed.8. the appeal is partly allowed.9. the appellant is convicted under section 3(1)(10) of sc/st (prevention of atrocities) act for the period of jail sentence already undergone and fine of rs. 2500/- and under section 3(1)(11) of sc/st (prevention of atrocities) act for the period of jail sentence already undergone and fine of rs. 2500/-. in default of fine he will further suffer simple imprisonment for 1 month on each count..10. record of the trial court be sent back with the copy of judgment.
Tag this Judgment! Ask ChatGPT.....was finally heard and decided on 21.07.2009. appellant filed the present appeal after about 8 years and 342 days of his conviction. in view of the fact that appellant remained ignorant about the fact that his appeal was not filed until co-accused hariram was released from jail, the present appeal was entertained.8. learned counsel for the appellant submitted that the allegation against the appellant was only of assaulting the deceased by hands. co-accused hariram, in the circumstances of the case, was acquitted of the charge under section 302/34 i.p.c. and was found liable only under section 304-ii i.p.c. and his sentence was reduced to period of custody undergone by him. counsel submitted that in these circumstances conviction of appellant under section 302 of the indian penal code was erroneous. he submitted that appellant has already served out sentence of more than ten years.9. learned counsel for the state submitted that the finding of conviction of the appellant under section 302 read with section 34 of the indian penal code was fully justified.10. according to pw-2 ghanshyam and pw-8 kedarnath shukla, kedarnath was taking the truck from nagpur to kanpur. second driver.....
Tag this Judgment! Ask ChatGPT.....salary to the petitioner for the period up to 30.06.1981 is neither under challenge before this court nor has been brought on record. it is in this factual and legal background that the court has to examine as to whether the appointment claimed by the petitioner was regular appointment or was a temporary appointment which was to remain effective only till the end of the educational session as provided under section 16-e(11) proviso. 9. as already noticed above, the advertisement earlier published was corrected by a corrigendum published on 16.06.1981 in the same newspaper where the earlier advertisement was published. therefore, what logically follows is that any candidate eligible for the post would have been given to understand that the vacancy was temporary only. large number of eligible candidates would not have applied despite being aware of the vacancy as it was shown to be temporary in nature. in any view of the corrigendum as published in the newspaper on 16.06.1981 it has been held that the vacancy was shown as temporary only. even otherwise, from the record of the present writ petition, it is apparently clear that the vacancy was caused due to grant of leave as the.....
Tag this Judgment! Ask ChatGPT.....the respondent nos. 2, 3, 6 and 9. we have also perused the record of the writ petition. there is no counter affidavit on record and in view of the fact that the petition is pending since 2001 and sufficient time was earlier allowed to the standing counsel to file counter affidavit, we propose to dispose of the writ petition in the absence of the counter affidavit. 5. the submission of learned counsel for the petitioner is that petitioner is admittedly a heart patient and is not suited to serve in the hill area. on the creation of the state of uttrakhand, he had opted for the state of u.p. the said option has not been considered individually. it cannot be rejected on a general ground merely for the reason that he had earlier opted for hill sub-cadre. 6. on the other hand, learned standing counsel has submitted that the rejection is on the basis of the advice of the state advisory committee constituted by the central government and therefore there is no scope for any interference in the said decision in exercise of powers under article 226 of the constitution of india. 7. in deciding the controversy at hand, it would be appropriate to deal in brief with the scheme of u.p......
Tag this Judgment! Ask ChatGPT.....the respondent no. 8 and, therefore, this court is confining the issue of seniority only between the petitioner and respondents no. 8. 3. the facts in brief, giving rise to the present dispute, are as under. 4. kisan inter college, madhi, meerut (hereinafter referred to as 'college') is a recognized aided intermediate college governed by the provisions of u.p. intermediate education act, 1921 (hereinafter referred to as '1921 act') and u.p. high school and u. p. high schools and intermediate colleges (payment of salaries of teachers and other employees) act, 1971 (hereinafter referred to as '1971 act'). recruitment of teaching staff is to be made in the college through the selection board under the provisions of u.p. secondary education services selection board act, 1982 (hereinafter referred to as '1982 act') and the rules and regulations as well as removal of difficulties orders issued thereunder. it is said that there were total 9 posts of lecturer sanctioned in the college. the petitioner was appointed as l.t. grade assistant teacher on 14.8.1974. on 30.6.1991, sri har saran das maurya, the then principal of the college retired as a result whereof one sri mahipal singh.....
Tag this Judgment! Ask ChatGPT.....nb.tdj 7961. of which h-respondent herein was the owner as on the date of accident. 3. the operative portion of the order made by tribunal reads thus:- "petition is partly allowed. the compensation interest deposit, etc. shall be as observed in issue no.2 of all cases. draw award accordingly. place computer generated copy on the file of mvc. 1045/98 and carbon copies on the files of mvc. 1047/98. 1049/97. 1050/98. 1051/98." 4. while answering issue no.2. the tribunal has recorded compensation awarded & each of claim. the operative portion of the order of the tribunal does not indicate as to liability of any one of respondents or all respondents. in my considered opinion, in view of the finding recorded by tribunal on issue no. 1. the tribunal should have fastened liability on the owner of tanker bearing no.tixj 7961 (common 1-respondent in all cases before tribunal). the impugned award reads that respondents i to iii ace jointly and severally liable to pay compensation. the operative portion of the order does not specify liability of any of the respondents. the award drawn by tribunal is contrary to the operative portion of the impugned judgment. in view of these.....
Tag this Judgment! Ask ChatGPT.....division bench of this court did not disturb the order passed by the learned single judge in sustaining the permit, nevertheless, after noticing the factual position that the question of renewal of permit granted in favour of sri saleem khan and sri khyum khan, as to whether it is valid or not, was pending before the state transport authority [sta] and when the sta was required to go into all aspects of the matter in such proceedings for renewal of the permits, while observed that for the same reason, the writ appeals do not survive for further examination, taking cue from the earlier observation made in a like situation by another division bench of this court in wa no 73 of 1992, reading as under: “though we cannot sustain the impugned order, it is not necessary to remit proceedings back to the learned single judge to examine the grievance of the appellant on merit. we are not adopting that course because permit was renewed for a duration of five years and the renewal expired at the end of june 1991. counsel for respondent no. 4 stated that permit was renewed even after that period. in view of the expiry of period of renewal order dated august 14, 1986, in our judgment, no.....
Tag this Judgment! Ask ChatGPT.....the service rendered by him on ad hoc basis could not be counted for seniority as per o.m. dated 23.07.2001 (annexure r3(a)). as per the recruitment rules, 5 years regular service is applicable to all cadres applying for ldce for promotion to the post of tta. no exemption is given to the telecom mechanic. the applicant was permitted to write the examination as directed by the interim order dated 08.07.2010. the o.a. should be dismissed as having no merit. 4. we have heard mr. shafik m.a., learned counsel for the applicant and mr. t.c. krishna, learned counsel for the respondents and perused the documents. 5. the relevant part of ttas recruitment rules, 2001, is reproduced below: "(b) promotion : (a) i) xxxxxxx ii) xxxxxxx (b) i) telecom mechanic holding 10+2 standard certificate or equivalent and ii) technicians, other than technicians referred to in item 'a' relating to absorption above, with 5 years regular service in the respective cadres." 6. a plain reading of the above provision makes it abundantly clear that 5 years regular service in the respective cadres applies to both the telecom mechanic and technician. therefore, the applicant needs 5 years regular service to be.....
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