.....believable as the defendants in their affidavit in opposition filed in the plaintiff’s application under sec. 7 (3) of the said act admitted the fact that by the amendment of 2005, the words ‘rent controller’ were substituted by the words ‘civil judge’. (7) mr.chowdhury then submitted that in the condonation of delay applications filed in connection with the applications under secs. 7 (1) and (2) of the said act, the defendants stated that they came to know about the 2005 amendment to the said act whereby the words ‘rent controller’ were replaced by the words ‘civil judge’, only after the plaintiff filed the petition under sec. 7 (3) of the said act. the application under sec. 7 (3) was affirmed by the plaintiff and served on the defendants on 2 june, 2014 and the applications under secs. 7 (1) and (2) of the said act were filed by the defendants on 10 september, 2014. no explanation has been given by the defendants in respect of the 98 days’ delay between 3 june, 2014 and 9 september, 2014. hence, the applications under sec. 5 of the limitation act are liable to be dismissed. (8) mr.chowdhury submitted that even if the defendants deposited the rent for the.....
Tag this Judgment! Ask ChatGPT.....and penalty of equal amount and further penalty of rs.2 lacs imposed on the petitioner, is under challenge in the present writ application. admitted facts of the case:- (2) the petitioner imported a motor vehicle, viz, a right hand drive hummer h2 suv in the year 2007 upon payment of concessional customs duty of rs.26, 59,584/-. the import of the said vehicle in the petitioner’s name was arranged by one kailash palany. (3) on the basis of investigation, a show-cause notice dated 13 september, 2012 was issued to the petitioner and six other persons involved in the import of the vehicle, under sec. 124 of the customs act, 1962 read with the proviso to sec. 28 of the act. (4) the allegation in the show-cause notice was that the vehicle was converted from left hand drive to right hand drive and had changed hands before being imported into india and as such was not eligible for concessional duty. further, the cost of conversion from left hand drive to right hand drive had not been included in the assessable value of the vehicle and as such duty was short paid at the time of import. the show-cause notice proposed to recover differential customs duty amounting to rs.25,91,844/- with.....
Tag this Judgment! Ask ChatGPT.....the parties entered into a new contract for the completion of the work – such finding does not detract from what the arbitrator earlier held on facts, that it was the appellant herein which was to blame for the work not being completed within the scheduled period.16. since the contractor did not challenge the arbitral award in respect of the several heads of claim disallowed by the arbitrator, it is only the heads of claim allowed by the arbitrator that need to be considered here. the four major heads of claim allowed by the arbitrator were on account of loss of business, cost of water bound macadam (wbm), idle charges and price escalation. in addition, the arbitrator made an award for the final bill, for refund of the security deposit, for interest and costs. the security deposit of rs.11,27,342 has already been refunded and the payment of the amount awarded in respect of the last r/a bill of rs.2,00,000 has also been simultaneously made by the appellant to the contractor. the sums of rs.4,24,534 on account of loss of business and rs.2,57,000 on account of repair of wbm awarded by the arbitrator have been set aside by the judgment and order impugned. the amounts awarded by.....
Tag this Judgment! Ask ChatGPT.....the petitioner, the jharkhand public service commission forwarded the merit list to the universities on 01.07.2008. even inspite of the aforesaid fact, the petitioner was not appointed. petitioner's claim that she was regularly assigned several 3 duties including that of evaluating the answer sheets and also functioned as examiner and question paper setter for the language 'ho'. she claims to be regularised in service and/or for a direction to issue appointment letter to the petitioner pursuant to the advertisement no. 1 of 2007.4. university appeared and filed their counter affidavit. they admitted that an advertisement was issued by the jharkhand public service commission bearing advertisement no.1 of 2007, but, the same was cancelled. thereafter a second advertisement 2 of 2017 was published, but in the second advertisement, the vacancy position was not mentioned and all the 9 regional languages were clubbed as one. as the advertisement was defective, the entire documents were returned by the jharkhand public service commission. it is stated that a panel / merit list was also prepared and was sent by the jharkhand public service commission on 01.07.2008. the life of the.....
Tag this Judgment! Ask ChatGPT.....was prepared, which was marked as ext.-3. in cross-examination, he said 5 that he has not asked the inmates of the house about the thieves and the fact of theft. he stated that as he could not gather any information about the thieves, therefore he understood that the husband must have committed the murder of his wife. he also deposed that on the basis of the statement of the witnesses, he prepared the confessional statement and took signature of this appellant. he stated that in the case diary, he has not mentioned, in whose presence, the confessional statement of the accused was recorded. he stated that the blood stained cloths were not sent for chemical examination. he also stated that he did not mention in the case diary about the distance between the place of occurrence and the place where the farsa was recovered. he further deposed that he did not mention the size of the farsa. p.w.2-laljee mahato is the inquest witness who identified his signature in the inquest report, which was marked as ext. 1/1. he stated that he knows nothing about the occurrence. p.w.3-chhotelal mahato is the brother of the deceased. he stated that he got information that the thieves have committed.....
Tag this Judgment! Ask ChatGPT.....the privilege of anticipatory bail. learned addl. p.p. opposes the prayer for anticipatory bail. considering the submissions of the counsel and the fact as discussed above, i am of the opinion that this is a fit case where the petitioner, named above, be admitted to anticipatory bail. hence, in the event of his arrest or surrender within a period of four weeks from the date of this order, he shall be released on bail on depositing of rs.3,000/- as ad interim victim compensation to be paid to victim- informant and furnishing bail bond of rs.10,000/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned chief judicial magistrate, hazaribagh in connection with hazaribagh muffasil p.s. case no. 31 of 2017 (g.r. no. 306 of 2017), subject to the conditions laid down under section 438 (2) cr. p.c. in case, the petitioner deposits the ad interim victim compensation amount in the court, it is directed that notice be issued to victim-informant and the said amount be released in his favour forthwith, after proper identification. (anil kumar choudhary, j.) smita/- in the high court of jharkhand at ranchi a.b. a. no. 5626 of 2017 prabhas kumar manjhi.....
Tag this Judgment! Ask ChatGPT.....for increased intake of students for the academic year 2017-18. c. pass such further orders as this hon’ble court may deem fit and proper in the facts and circumstances of this case.” 4 4. as the communication dated 4th september, 2017, was received by the petitioner-institution, the petitioner filed interlocutory application in the pending writ petition being i.a. no.92019 of 2017 on 14th september, 2017, for the following reliefs:- “prayer it is therefore most respectfully prayed that this hon’ble court may be pleased to: i) permit the petitioner to add the following prayers in the writ petition a) to issue an appropriate writ, order or direction in the nature of certiorari to quash the communication/letter dated 4.9.2017 of the medical council of india. b) to issue an appropriate writ, order or direction in the nature of mandamus directing the central government to grant permission/recognition of increased intake from 120 to 150 seats in mbbs course for the academic year 2017-18 and accordingly extend the last date of admission for the increased intake of 30 seats for the academic year 2017-18. ii) pass such further orders as this hon’ble court may deem fit and.....
Tag this Judgment! Ask ChatGPT.....of in remit authority 41. the appeal is allowed with the aforesaid observations. however, and circumstances there shall be no order as to cost.” facts in the 5 6. shri mohta, learned counsel on behalf of the appellant, raised various contentions before us. according to learned counsel, the application should have been dismissed on the ground that the operational creditor did not furnish a copy of the certificate from a financial institution, viz. idbi in the present case, that maintained accounts of the operational creditor, which confirmed that there is no payment of any unpaid operational debt by the corporate debtor under section 9(3)(c) of the code. this being so, the application ought to have been dismissed at the very threshold. apart from this, the learned counsel took us through various committee reports and the provisions of the code and argued that under section 8 of the code, the moment a corporate debtor, within 10 days of the receipt of a demand notice or copy of invoice, brings to the notice of the operational creditor the existence of a dispute between the parties, the tribunal is obliged to dismiss the application. according to him, under section (8)(2)(a),.....
Tag this Judgment! Ask ChatGPT.....at which such goods shall be taxable is specified by the lieutenant governor under section 5 and in respect of which due tax is shown to the satisfaction of the commissioner to have been paid; 4 (ii) sale of goods declared tax-free under section 7; (iii) sale of goods not liable to tax under section 8; (iv) sale of goods which are proved to the satisfaction of the commissioner to have been purchased within a period of twelve months prior to the date of registration of the dealer and subjected to tax under the bengal finance (sales tax) act, 1941 (bengal act vi of 1941), as it was then in force, or under this act; (v) sale to a registered dealer; of (a) of for “the administrator is of opinion that it is expedient in the interest of the general public to do, he may, with the previous approval the central government and” goods of the class or classes specified in the certificate of registration of such dealer, as being intended for use by him as raw materials in the manufacture in delhi of any goods, other than goods specified in the third schedule or newspapers, – (1) for sale by him inside delhi; or (2) for sale by him in the course of inter-state trade or commerce, being.....
Tag this Judgment! Ask ChatGPT.....court allowed the appeal filed by the respondent herein and set aside the order dated 13.10.2003 passed by the esi court, idukki, kerala. 2 2. brief facts leading to this appeal are as follows: the respondent is an establishment covered by the provisions of employees state insurance act, 1948 (hereinafter referred to as the ‘esi act’). it is a private limited company engaged in the business of printing and publishing of a daily malayalam newspaper called “mangalam”; the respondent has more than 250 employees including working and non-working journalists. in order to have a uniform formula regarding the wages payable to the employees of newspaper companies like the respondent, the central government appointed wage boards from time to time to study and submit reports from time to time. earlier, the wage board headed by justice bachawat, known as ‘bachawat wage board’ was constituted and the board submitted its recommendations. thereafter, the government of india appointed a new wage board, headed by justice manisana which was called as ‘manisana wage board’. as per the recommendations of ‘manisana wage board’, the government of india issued a notification dated.....
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