Reported in : 2010(1)AWC567
.....judge that they have a competent knowledge of--(i) urdu and hindi.(ii) arithmatic.(iii) mensuration,(iv) elementary land surveying and mapping.(v) order xxvi of act no. v of 1908.(vi) rules in general rules (civil, relating to the work and duties of the amins. in exceptional circumstances the district judge may exempt an official from such qualifications if he is satisfied that the official concerned is otherwise fit to hold the appointment.(7) an official once promoted to the post of amin shall not, for purposes of promotion to other posts in the general office be entitled to claim seniority by reasons of such promotion over other clerks who were senior to him before his promotion as amin.11. a perusal of the aforesaid rules make it clear that in the ministerial cadre after initial appointment in the lowest cadre further appointment in higher post are made by way of promotion by considering persons working in the lower grade though the criteria for promotion depends on the grade. to some cadre the criteria for promotion is seniority subject to efficiency and in higher grade it is for selection, i.e., merit with due regard to seniority. to the stenographers, their promotion.....
Tag this Judgment! Ask ChatGPTReported in : 2009(5)MPHT64(CG)
.....has committed grave error of law in passing the decree against the applicant on the ground of bonafide requirement of the suit premises despite the fact that the landlord is in vacant possession of shop situated in the same locality and despite the fact that on the basis of admitted facts and the evidence adduced, it is clear that the requirement of the landlord is not bonafide. he would further contend that the order of striking out of the defence of the applicant passed by the rent controlling authority is without jurisdiction and illegal.6. per contra, shri a.p. dubey, learned counsel appearing for the non-applicant/landlord would submit that the non-applicant is 70 years old person requires the suit shop bonafide for starting business for himself and his sons, the applicant adopted a dilatory tactics and the matter could be heard finally by the rent controlling authority after a period of 9 years. the rent controlling authority considered each and every aspect of the matter and after considering the material and evidence on record, has passed the order which needs no interference in the revisional jurisdiction of this court and the revision is liable to be dismissed.7. i.....
Tag this Judgment! Ask ChatGPTReported in : (2010)228CTR(NULL)247
.....the following question of law arising out of order dt. 28th june, 1985 of the tribunal in ita no. 822/nag/1984 for our opinion:whether under the facts and circumstances of the case, the tribunal is justified in law in not giving finding in its order with regard to applicability of presumption under section 132(4a) of the it act, 1961 to the assessment proceedings?2. the other connected income-tax references and income-tax appeals are also being disposed of by this common order as appeals preferred by the revenue in the connected cases, have been dismissed by the tribunal in view of the order dt. 28th june, 1985 passed in ita no. 822/nag/1984, d.r. bansal v. cit, and the question of law involved in all the references and appeals is the same, which has been referred by the tribunal for our opinion in it ref. no. 17 of 2002.3. in this order reference shall be made to the facts of it ref. no. 17 of 2002, being the leading case.4. briefly stated, facts of the case are that a search operation under section 132 of the it act, 1961 (in short 'the act') was conducted in the business and residential premises of the respondents-assessees' group on the basis of warrant of authorization.....
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.....procedure (for short 'the code'), the appellant further asserted that he has been falsely implicated due to animosity in view of the following facts:(i) upon being objected to her act of uprooting akdi (a sort of grass) from his field, the prosecutrix used to quarrel with him.(ii) at an earlier occasion, he had taken shyamwati's cattle, trespassing on his 'hardua' field, to the pound.4. to bring home the charge, the prosecution examined as many as 12 witnesses including the prosecutrix, her cousin sunita, mother shyamwati, jagwanshi and the medical experts. no evidence was led in defence. upon a critical appraisal of the entire evidence on record, learned trial judge, for the reasons assigned in the impugned judgment, concluded that the charge of rape was proved beyond a reasonable doubt. he, accordingly, convicted the appellant and sentenced him as indicated hereinabove.5. legality and propriety of the conviction under challenge have been assailed on the following grounds:(i) there was no cogent evidence to prove that age of the prosecutrix was less than 16 years.(ii) testimony of the prosecutrix suffered from serious infirmities with reference to the recital of the fir.....
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.....the younger brother of the complainant-vijay brought his father to the hospital along with villagers of the village. on coming to know about the factum of murder of his father, complainant also went to the hospital, where his younger brother informed about the incident. on examining the deceased by the complainant he found him to be dead.3. on the basis of such information of complainant, merg case under section 174 of cr. pc was registered and thereafter, fir was also registered. the investigating agency after investigating the matter, submitted a charge-sheet against the appellant and also against co-accused santosh kushwah.4. learned special judge framed the charges punishable under sections 302, 394/397 of ipc and also under section 13 of the adhiniyam. the other co-accused namely banti razak was charged under section 412 of ipc as well as under section 13 of the adhiniyam. needless to say acquitted co-accused banti razak refuted the charges and requested for the trial.5. in order to prove the charges, prosecution has examined as many as 11 witnesses and placed exh. p-1 to exh. p-24 the documents on record. the defence of appellant is of false implication and that of.....
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.....by the petitioners regarding maintainability of the proceedings was dismissed, was maintained, the present revision petition has been filed.2. short facts of the case are that the respondent filed a complaint under section 12 of the protection of women from domestic violence act, 2005 (no. 43 of 2005) (which shall be referred hereinafter as 'act'), wherein it was alleged that petitioners are father and son. it was alleged that marriage of respondent took place with one shankar chawla. out of the wedlock respondent delivered three children and two years before shankar chawla died. thereafter respondent fall in love with petitioner no. 1. it was alleged that thereafter the respondent was married to petitioner no. 1 in a temple as per hindu rituals at ujjain. it was alleged that thereafter respondent was living with petitioner no. 1 at raviratan apartment, prem nagar, indore. it was alleged that before the marriage petitioner no. 1 assured that petitioner no. 1 shall take care of the three children of the respondent. it was alleged after the marriage petitioner no. 1 took the respondent and also her children to ajmer, where they lived together for a period of one week. thereafter.....
Tag this Judgment! Ask ChatGPTReported in : 109(2010)CLT291
indrajit mahanty, j.1. in the present revision by the order dated 30.6.1998, the following question of law was framed.whether on the facts & in the circumstances of the case, the transportation charges, which was separately charged, is liable to be taxed under the act 2. mr. paikray, learned counsel appearing for the petitioner submitted that the petitioner was assessed under section 12(8) of the o.s.t. act for the years 1984-85 & on a finding that the petitioner had adopted colourable devices to avoid tax liability on transportation charges collected by it enhancing the turn over thereon rs. 1 lakh & recomputing the tax payable as well as levy of penalty thereon amounting to rs. 52,080.3. the petitioner preferred an appeal against the aforesaid order of assessment under section 12(8) of the o.s.t. act & the appellate authority came to allow the appeal by applying the ratio of the judgment of this court in the case of ranisati mining traders v. sales tax officer 53 stc 322 & came to hold that since the cost of freight was not borne by the seller j supplier & the purchaser paid for the same & it was charged separately, the amount received as transport charges was found to be.....
Tag this Judgment! Ask ChatGPTReported in : 108(2009)CLT923
.....of mind. this court also finds that in the last three sessions, 171 leats were reserved for in-service candidates in b.ed. course & as a matter of fact, for the session 2008-2009, a question was also raised before this court with regard to filling up of such seats for in service candidates by candidates, who are untrained teachers holding trained graduate posts & primary school teachers & other category of teachers, like p.e.t., hindi teachers. in w.p.(c) no. 13565 of 2008, this court after discussing the entire materials available on record came to the conclusion that such seats reserved for in-service candidates can be filled up only by untrained teachers holding trained graduate posts & primary school teachers. there is absolutely no reason manifest on record to show as to why there should not be any reservation of seats in red. course for the session 2009-2010 for in-service candidates & there should be a deviation from the same. such untrained teachers holding trained graduate posts in various schools of the state can legitimately expect like the previous years that there would be reservation for in-service candidates. in this year also they should have got an opportunity.....
Tag this Judgment! Ask ChatGPTReported in : 109(2010)CLT185; 2010(I)OLR54
.....the icl has filed its counter affidavit through the senior deputy manager (personnel) of danguri mines lime stone quarry. while admitting the fact that the petitioner was working as a contract labour working under them, yet, it has been averred that he could not claim for regularization or absorption into the services of the opposite party. it has been asserted that since the petitioner was a contract labour and was beyond the disciplinary control of the principal employer, he was not given the responsibility of a 'regular' time keeper nor his assignment of work and duty was in the nature of a regular time keeper. thus, by merely working in the time office, he could not ipso facto be conferred with the status of the direct regular worker/employee. apart from the above, it was averred that the claim for equal pay for equal work is also unacceptable since the petitioner was a contract labour and this principle of law would have no application to such contract labourers. the opposite party-icl further stated in the affidavit that though the petitioner was working in the time office, he had not been employed as a regular time keeper and although the work of a time keeper was.....
Tag this Judgment! Ask ChatGPTReported in : 2010CriLJ559
.....and assaulted by accused manoranjan by a khanda-kati. at that time accused narayan was shouting to kill the deceased. p. w. 6 also corroborated the fact that the deceased died after his arrival at m. k. c. g. medical college and hospital, berhampur, in the same night.9. p. w. 7 in his evidence stated that deceased gopalkrushna had come to the house of the informant on 7-1-1999 at 4 p.m. and offered him rs. 25,000/-, which the informant declined to receive. p. w. 7 further stated that he went to a shop to purchase snuff and while proceeding home from the shop, he saw gopalkrushna was stopped by accused srikar and assaulted by accused manoranjan by a khanda-kati aiming the blow on his neck, and left palm of gopalkrushna was cut when he raised his hand to protect himself. accused manoranjan aimed another blow to the right side neck of gopalkrushna, which hit his right arm, when he raised his right hand to protect himself. at that time, accused narayan was shouting to kill gopalkrushna. after the assault, accused persons fled away. deceased gopalkrushna was taken to surada hospital by a police jeep, where the doctor advised to take him to m. k. c. g. medical college and hospital,.....
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