Latest Cases

Bhoop Singh Vs. Puran Chand and ors.,

Court : Himachal Pradesh

Reported in : 2009ACJ1031,2008(2)ShimLC525

.....was dismissed by the state consumer disputes redressal commissioner. the revision filed before the national commission was also dismissed. on those facts, the supreme court has held that court below committed an error in holding the appellant liable to indemnify the owner of the vehicle in regard to the losses sustained by him. however, in para-16 of the judgment, the supreme court has also held that a right on the part of the insurance company not to pay the amount of insurance would depend upon the facts and circumstances of each case. it in certain situation may be bound to. pay the claim made by the third party; if the same is filed before a forum created under the motor vehicles act.16. in oriental insurance co. ltd. v. meena variyal and ors. : air2007sc1609 , it has been held by the supreme court that it is difficult to apply the ratio of this (swaran singh) decision to a case not involving a third party. the whole protection provided by chapter xi of the act is against third-party risk. therefore, in a case where a person is not a third party within the meaning of the act, the insurance company cannot be made automatically liable merely by resorting to swaran singh ratio......

Ashok Kumar Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : 2008(2)ShimLC452

.....the order dated 17.6.2008 passed by the learned additional sessions judge (fast track court) solan, in application no. 12-ftc/4 of 2008.2. the brief facts necessary for the adjudication of this criminal revision are that the vehicle bearing registration no. hp-02-a-0289 (maxi cab/trax) owned by the petitioner was seized in a case registered under sections 20 and 61 of the narcotic drugs artd psychotropic substances act 1985 in f.i.r. no. 54 of 2008, dated 8.5.2008 lodged at police station, parwanoo, district solan. he was arrested on the allegations that 4.200 kgs. charas was recovered from the trax bearing no. hp-02-a-0289 alongwith another person shri ramesh chand. he moved an application for grant of bail under section 439 of the code of criminal procedure. this court enlarged him on bail vide order dated 25.7.2008. he moved an application for interim custody of the vehicle owned by him alongwith documents on sapurdari bond. he has specifically stated in his application that he has raised loan to purchase the vehicle as a private service vehicle and was carrying passengers. he has also undertaken in the application that he will not transfer the ownership of the vehicle in.....

Dr. K.K. Sharma, Assistant Vs. Union of India (Uoi) Through

Court : Central Administrative Tribunal CAT Delhi

.....bond as mentioned above, had to be adhered to irrespective of the applicant joining a department of the government or a private organisation.2. the facts for determining the only issue as above would need a necessary mention. the applicant joined duties with ssb as civil assistant surgeon grade-i (vet.) at group center ssb, government of india, jaiselmer (rajasthan) on 2.5.1998. he was thereafter transferred to balrampur in the office of area organiser ssb and joined there on 13.1.2003. the applicant completed all required formalities and was relieved for proceeding on study leave vide order dated 8.4.2005 issued by the office of the area organiser ssb, balrampur. while on study leave, the applicant was recalled on the ground that his leave had not been regularised. constrained under the circumstances mentioned above, the applicant filed oa no.159/2005 in jodhopur bench of this tribunal.the same was disposed of vide order dated 1.8.2005. there was no opposition to the cause of the applicant and the counsel representing the respondents stated at the bar that he had instructions to submit that the respondents had taken a positive decision whereby the applicant had been granted the.....

S.C. Gautam Son of Khachera Gautam Vs. Chairman, Delhi Development

Court : Central Administrative Tribunal CAT Delhi

.....the said ground had not been raised earlier at the time of show cause nor was it raised at the stage of the appeal. but we have to note that the fact remains that a legal contention could be permitted to be raised questioning the competency when the matter is pending in a writ petition, before it is finally disposed of.5. the regulations relied on, for substantiating such a contention is made available as annexure p-2.6. we do not think that the contention on record in the ta is acceptable, since the authority is competent to impose a penalty, when there is case of conviction by a criminal court. such a special procedure is authorized by regulation 19 of the dda (salaries, allowances and conditions of service) regulations, 1961. (it has undergone an amendment about which we are not concerned). it stipulates that the procedure for imposition of penalty need not be adhered to by the disciplinary authority, where action is taken on the ground that there has been a conduct which had led to a conviction on a criminal charge.7. however, the competence of the officer gains importance because of the wording of regulation 15. no officer is to be removed or dismissed or reduced in rank.....

Ramadhar Lall Vs. State of Assam

Court : Guwahati

.....before entering into the discussion as to whether the orders, when stand impugned in this petition, are legally sustainable or not, the material facts, which gave rise to this petition, may, in brief, be set out as under:(i) a first information report (in short 'fir') was lodged, on 01.08.98, by the principal of a college informing the police that he had heard that the accused persons, named in the fir had assaulted a student of his college with a dao, etc. and that the injured had been sent to gauhati medical college and hospital for treatment. based on this fir, a police case was registered against the accused persons named in the fir, including the present petitioner, and investigation commenced accordingly. on completion of the investigation, police submitted a report, under section 173(2)(i) of the code, to the learned chief judicial magistrate, kamrup, the report being to the effect that though a case, under sections 448/352/34, was found to be true, but due to lack of evidence, 'final report' for closure of the case is being submitted and that the informant has been notified accordingly. the learned judicial magistrate, who had come in seisin of the 'police report',.....

Pranab Rauth Vs. State of Assam

Court : Guwahati

.....case no. 29/2005 under sections 419/209 & 365 ipc, he shall be released on bail of rs. 10,000/- with one local surety of the like amount to the satisfaction of the arresting authority on the following conditions:1. the petitioner shall make himself available for interrogation by police officer as and when required.2 the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the court or to any polite officer.3. the petitioner shall not in any way hamper the investigation or tamper with the evidence.4. the petitioner shall not leave the jurisdiction of the court of the learned chief judicial magistrate, kamrup, guwahati, without the written permission of the learned chief judicial magistrate, kamrup, guwahati.5. this order shall remain in force for a period of three months from today. thereafter the petitioner shall seek regular bail.3. a bare perusal of the conditions, subject to which the pre-arrest bail had been granted by the high court, clearly shows that the said directions for pre-arrest bail were to remain in force for a.....

Kabir Mahto Vs. the State of Bihar and ors.

Court : Patna

.....that the petitioner continued to discharge duties as assistant teacher in the government school till date of his superannuation notwithstanding the facts noticed above.3. learned counsel for the petitioner makes a short submission that the determination of his certificate and testimonials being fake in an alleged enquiry has been held behind his back and he has been condemned un-heard. that the order has been passed after his superannuation.4. the only stand of the state from their counter affidavit and the submissions made during proceedings was that in the enquiry by order dated 14.9.2004 it has been determined that the certificates and testimonials of the petitioner were fake. he was, therefore, not entitled to any salary or retrial benefits, the appointment itself being illegal. that a first information report had been lodged against the petitioner.5. to this court, the facts of the case are very glaring and reflect the complete apathy of the state to an issue as important as education. a teacher stands as a role model for students. he imparts character, integrity and morality to the students. a teacher necessarily has to prepare to teach the next day. he is also required to.....

Afruja Sakia YasmIn Ahmed Vs. District and Sessions Judge and ors.

Court : Guwahati

.....invalidation satisfy the requirements of article 16 of the constitution of india or not. before adverting to the said question, the background facts leading to the riling of this writ petition are stated in brief as follows:3. petitioner's father, shri aftabuddin ahmed, who was working as head assistant in the office of the district and sessions judge, golaghat, was due to retire on superannuation w.e.f.31.3.2004. two months before the due date of superannuation, shri aftabuddin ahmed, on medical ground, applied for voluntary retirement on 7.1.2004 and the learned district and sessions judge, golaghat accepted the aforesaid application for voluntary retirement on medical ground and allowed shri aftabuddin ahmed to go on voluntary retirement w.e.f.7.1.2004. on the following day, i.e. 8.1.2004, the petitioner submitted an application to the secretary(judicial), govt. of assam through the district and sessions judge, golaghat for consideration of her appointment as lda in the office of the district and sessions judge, golaghat, on compassionate ground in accordance with the govt. o.m. under no. abp-357/80/137 dated 9.9.1983. para-9 of the aforesaid o.m., under which the.....

Ram Sagar Devi Vs. Most Ghutru Devi @ Mahabati Devi and ors.

Court : Patna

.....in the instant suit.11. from the averments made by the parties and the materials on record, it is quite apparent that there are several admitted facts namely:(a) originally the plaintiff was the owner of the suit property,(b) plaintiff sold the suit land by executing and getting registered a sale deed dated 21.07.1978 (ext. a) in favour of the sole original defendant for valuable consideration without any condition, whereafter the said defendant came in possession of the suit land as exclusive owner thereof,(c) on the same day the defendant executed and got registered a deed of agreement for reconveyance dated 21.07.1978 (ext.1) with a condition that if the plaintiff pays rs. 1,800.00 the defendant will reconvey the suit land to the plaintiff,(d) defendant was ready and willing to reconvey the suit land to plaintiff on payment of rs. 1,800.00,(e) plaintiff executed an unregistered yaddasht dated 05.01.1980 (ext. f) stating that she was unable to arrange money and hence she did not require reconveyance and the defendant was entitled to utilize the suit land as per his own will,(f) defendant got his name mutated in the government records and obtained rent receipts on payment of.....

Gautam Kumar Chaudhary Vs. the State of Bihar and ors.

Court : Patna

.....that mistake. the second contention also does not deserve to be accepted.6. as regards the grievance of the appellant that he has not been paid any salary for the period he worked, suffice it to observe that merely because his appointment was found bad in law at a later point of time and that resulted in cancellation of appointment, the appellant cannot be denied his salary for the period he worked.7. we, accordingly, dispose of the appeal by the following order:i) the order dated 21st january, 2008 annulling the appellant's appointment does not call for any interference and challenge to the said order is, accordingly, rejected.ii) the respondent no. 2 shall ensure that the appellant is paid his salary etc., for the period he worked as class - iv (department of health) without any delay and in no case later than two months from the date of receipt/production of this order.