Reported in : AIR2009SC1662; 2008(4)ARBLR649(SC); 2008(16)SCALE297; (2009)1SCC732:2009(2)LHSC1322.2009AIRSCW1188:
.....of the documents referred to in the statement of claim, and further, that the arbitration proceedings be deferred till all the documents were in fact supplied. as a follow up to the communication from his advocates, subhash chander did not appear before the arbitrator on 8th august, 1999. the arbitrator, accordingly, addressed a letter to him pointing out that his non-appearance justified the initiation of ex-parte proceedings but another opportunity was being afforded to him and further that kailash rani had undertaken to supply copies of all documents relied upon by her on the next date of hearing in his presence. the hearing was also fixed at 11.00 a.m. on 25th august, 1999. subhash chander however did not appear before the arbitrator on 25th august, 1999 as well and after waiting till 2.00 p.m. on that date the arbitrator ordered ex-parte proceedings and thereafter passed an ex-parte award against him. a copy of the award was sent by the arbitrator to both parties through speed post; the copy of the award being addressed to subhash chander at his business address, alka cinema, p-2, sector -15, noida. the postman visited the cinema premises on 30th august, 1999 but subhash.....
Tag this Judgment! Ask ChatGPTReported in : AIR2009SC1433; 2009(3)AWC2489(SC); JT2009(1)SC302; 2009(3)KarLJ604; 2009(4)MhLJ30(SC); 2009(1)OLR(SC)737; (2009)154PLR490; RLW2009(2)SC1581; 2009(1)SCALE202; (2009)2SCC409; 2009AIRSCW8992009(1)LHSC540; 2009(1)ALLMR471
.....hubli dismissed the said applications holding that an entirely new case is sought to be made out. the contention that they had no knowledge of the facts stated therein and the respondents could not gather the materials and information necessary for drafting proper written statement earlier was rejected, stating:.however, this contention cannot be accepted. because according to proposed amendment sought by defendants at para 3(a) will is dated 18.3.94. therefore, naturally same would have been in the knowledge of defendants right from the date and moreover when they say that mother-in-law of defendant no. 1 is also necessary party and she is also got right and interest in the suit property and that she is alive, then through her defendants would have known about will right from beginning and hence it cannot be said that defendant no. 1 required time to gather information regarding will and further as details of will would have been within the knowledge of defendants and/ or could have been given by mother-in-law of defendant no. 1 i.e. subhadrabai, then it was not necessary for defendant no. 1 to have any social activities or have knowledge of business to know about the will and.....
Tag this Judgment! Ask ChatGPTReported in : AIR2009SC1168; 2009CriLJ1109; 156(2009)DLT160(SC); (2009)2GLR1467; JT2008(13)SC671; 2009(2)KLT113(SC); (2009)153PLR525; RLW2009(1)SC645; 2008(16)SCALE317; (2009)1SCC720:2009(1)LHSC107:2009AIRSCW410
.....but as the presumption is rebuttable one, he has two options before him. one is to concede to the stand of the sendee that as a matter of fact he did not receive the notice, and the other is to contest the sendee's stand and take the risk for proving that he in fact received the notice. it is open to the despatcher to adopt either of the options. if he opts the former, he can afford to take appropriate steps for the effective service of notice upon the addressee. such a course appears to have been adopted by the appellant-company in this case and the complaint filed, admittedly, within limitation from the date of the notice of service conceded to have been served upon the respondents.(underlying is mine)it was furthermore held:the payee or holder of the cheque may, therefore, without taking peremptory action in exercise of his right under clause (b) of section 138 of the act, go on presenting the cheque so as to enable him to exercise such right at any point of time during the validity of the cheque. but once a notice under clause (b) of section 138 of the act is 'received' by the drawer of the cheque, the payee or the holder of the cheque forfeits his right to again.....
Tag this Judgment! Ask ChatGPTReported in : AIR2009SC1411; 2009(3)KarLJ529; 2008(16)SCALE1; 2009AIRSCW871; 2009(1)LHSC385
.....the entire cross-examination of these three witnesses and we do not find any material discrepancies in the evidence of these witnesses to the fact that the deceased was near garadimane and that he had requested p.w. 6 to get a cup of tea from the nearby.it was stated:(i) p.w. 6's version could not have been disbelieved as the accused had made a suggestion that he had filed a complaint against him which shows the presence of the accused during the incident.(ii) the trial court committed an error in disbelieving the evidence of p.w. 11 on the ground that he had not disclosed the fact that the deceased told him that it is the accused who stabbed him with knife to the police when his statement was recorded under section 161 of the code of criminal procedure.(iii) there is no reason to disbelieve the dying declaration although dr. jagannath, c.w.21 was not examined.(iv) non-examination of c.w. 21 does not mitigate the veracity of the dying declaration.(v) as regards non-examination of another dr. jayanth who was present at the time of dying declaration and who had not issued any certificate when the dying declaration was recorded by p.w.23 and who merely endorsed as 'before me.....
Tag this Judgment! Ask ChatGPTReported in : AIR2009SC1761; JT2009(1)SC351; 2009(1)SCALE417; (2009)3SCC439:2009AIRSCW1331:2009(1)LHSC545
.....for appointment in the post of lambardar is laid down in rule 15 and that of his discharge is laid down in rule 16 thereof. rule 15 enumerates the factors which are required to be taken into consideration for the purpose of appointment in the said post being:(a) his hereditary claims;(b) the property in the estate possessed by the candidate to secure the recovery of land-revenue;(c) services rendered to the state by himself or by his family;(d) his personal influence, character, ability and freedom from indebtedness;4. the district collector of hisar undertook the process of appointment of lambardar for the village thurana in his district in terms of the said rules.5. indisputably, six persons had applied for the said post. however, appellant and respondent no. 1 as also one ram kumar were found fit to be considered for appointment to the said post. upon consideration of the respective merit of the said candidates and in particular that of the appellant and the respondent no. 1 herein, appellant was appointed being a more meritorious candidate than others, stating:.he is of 36 years of age having good personality and he has work experience of namberdari. for the purpose of.....
Tag this Judgment! Ask ChatGPTReported in : 2009CriLJ1146(1); 2009(1)CTC84; (2009)2SCC147
.....pollution) act, 1974 (hereinafter referred to as 'the act') pending in the court of special judicial magistrate (pollution), lucknow.3. background facts, in a nutshell, are as follows:the state board for prevention and control of water pollution was constituted on 03.02.1975 by the government of u.p. and it has been named as - u.p. pollution control board (hereinafter referred to as 'the board') which is the appellant herein vide notification no. 2179/9-2-100-74 dated 13.07.1982. on the application submitted by m/s modi carpets ltd., raebareli, seeking consent to discharge effluent, the appellant-board granted conditional consent to discharge their trade effluent in the river sai. since the conditions of consent were not being complied with by m/s modi carpets ltd., a letter dated 30.4.1983 was sent by the appellant-board to m/s modi carpets ltd., raebareli informing that non- compliance of the consent conditions is an offence under section 44 of the act. on 07.06.1983, the inspection of unit of m/s modi carpets ltd. was done by the officers of the board wherein it was found that polluted trade effluent was being discharged into the river sai through drain without any treatment.....
Tag this Judgment! Ask ChatGPTReported in : 2009(3)AWC2495(SC); 2009(1)SCALE315
.....court at khagaria, bihar to a competent family court at new delhi.3. having heard the learned counsel for the parties and after going through the materials on record and considering the fact that the wife petitioner, being 24 years of age, is having no source of income and fully dependent on her parents and also considering the fact that the distance from khagaria to delhi is about 1500 kms, it would be difficult for her to attend the court proceedings at khagaria, bihar, we feel it proper to transfer the case from the family court of khagaria, bihar to a competent family court at new delhi. accordingly, the case being matrimonial suit no. 5 of 2005 pending before the family court of khagaria, bihar stands transferred from the family court of khagaria, bihar to the family court at new delhi.4. the learned judge of the family court at khagaria, bihar is directed to transmit the case records of the aforesaid case to the family court at new delhi within a period of one month from the date of supply of a copy of this order to him.5. with the aforesaid directions, the application for transfer is thus disposed of. there will be no order as to costs.
Tag this Judgment! Ask ChatGPTReported in : 2009(1)AWC862(SC); 2009(2)BomCR102; JT2009(1)SC521; (2009)IILLJ210SC; 2009(1)SCALE112; (2009)2SCC288; 2009(2)SLJ508(SC); 2008(17)SCR446
.....appellant. leaned counsel would contend that it is now well settled that back wages ought not to be automatically granted and keeping in view of the fact that the services of the respondent were terminated in the year 1984 and the award of the labour court having been rendered in the year 1991, the grant of 50% back wages was wholly unjustified.11. mr. vinay navare, learned counsel appearing on behalf of the respondent, on the other hand, would support the impugned judgments contending that in terms of the provisions of the industrial employment standing orders act, 1946 only a fine could be imposed on the respondent for his alleged unauthorized absence. our attention was further drawn to the fact that while passing the order of termination, records of past service of the respondent had not been taken into consideration.12. charges against the respondent as noticed hereinbefore were serious in nature. during the period between july 1983 and december 1983, he not only absented himself from work without leave but also had been reporting to the work place late and leaving factory premises without permission early. he was also found guilty of indiscipline.it is now well settled by a.....
Tag this Judgment! Ask ChatGPTReported in : AIR2009SC1471; 2009(1)AWC866(SC); JT2009(1)SC252; (2009)5MLJ1616(SC); (2009)153PLR514; 2009(1)SCALE208; (2009)2SCC471:2009AIRSCW953
.....appellant is a corporation constituted under the state financial corporations act, 1951 (for short 'the act'). respondent no. 1 intended to set up a factory in the industrial area, kokar in the town of ranchi. it, on or about 5.11.1976, for the aforementioned purpose, sought for and was granted loan by the appellant for a sum of rs. 3.36 lakhs.3. an agreement was entered into by and between the parties, in terms whereof, the respondent no. 1 mortgaged the properties described in schedules `a', `b' and `c' thereof in favour of the appellant - corporation, viz., the lease hold right over a piece of land admeasuring 0.56 acres at village kokar.4. in terms of the said deed of mortgage, the plaintiff was required to liquidate the aforementioned amount of loan in fourteen instalments. the interest payable thereupon was 14.25 per cent per annum payable every six months. indisputably, the plaintiff refunded a sum of rs. 1,32,000/- out of the total sum received from the appellant, viz., rs. 3,34,300/-. the plaintiff installed machineries upon construction of buildings over the plot. the factory started operation from the month of november, 1978. however, admittedly the factory was closed.....
Tag this Judgment! Ask ChatGPTReported in : AIR2009SC1262; 2008(16)SCALE45; 2009(2)LHSC880; 2009AIRSCW575
.....supported the prosecution case that a death had taken place and two witnesses suffered grievous injuries but it was absolutely necessary in the facts and circumstances of this case to show that the accused were the aggressors. it was for that reason the genesis of the prosecution case must be held to have grave significance.25. the very fact that the appellants had gone back to their house to come out with arras and caused injuries on the person of the deceased and injured persons may or may not be correct, but even accepting the prosecution case to be correct, evidently the prosecution party also went to their house and brought weapons from their house. if it is accepted that the appellants were armed with such deadly weapons, it must also be accepted that the prosecution witnesses would also be armed with such weapons. it is, inter alia, for this reason the production of 'sanha' entry was necessary. we are not oblivious of the fact that a mere information received on phone by a police officer, without any details as regards the identity of the accused or the nature of injuries caused by the victims as well as the name of the culprits may not be treated as fir, but had the.....
Tag this Judgment! Ask ChatGPT