.....possession as the construction of the said building is absolutely illegal being in violation of the mandatory provisions of the act. on an identical factual matrix, the supreme court in the case of dipak kumar mukherjee versus kolkata municipal corporation & ors., reported in (2013) 5 scc336 indicates the role of the corporation and their delayed approach in taking prompt action against the wrong-doers and the sufferance of the bona fide purchasers for value in the said property. it would be profitable and relevant to quote the said paragraph which runs thus – “in the last four decades, the menace of illegal and unauthorized constructions of buildings and other structures in different parts of the country has acquired monstrous proportion. this court has repeatedly emphasized the importance of planned development of the cities and either approved the orders passed by the high court or itself gave directions for demolition of illegal constructions”. this court had an occasion to consider in the identical situation in the case of rabindra singh versus the kolkata municipal corporation & ors.(w.p.no.133 of 2017 decided on 17.03.2017) where the judgement of the apex court.....
Tag this Judgment! Ask ChatGPT.....have been suppressed intentionally so as to disguise the source of the funds. since explanation submitted by the accused persons were not satisfactory, a supplementary complaint was filed against the petitioner and other accused persons.2. mr. anil kumar sinha, learned counsel for the petitioner, has submitted that petitioner was never made an accused in the main offence by the c.b.i. it has been submitted that merely on account of the allegation of undisclosed source of rupees one crore, which was given by ankita singh to her brother-surya sonal singh, present petitioner, has been implicated for having taken the loan from his sister smt. ankita singh and the same was never disclosed in the i.t. returns. it has also been submitted that adjudicating authority under the prevention of money laundering act had clearly held that the investigating officer had acted over enthusiastically and had brushed aside the statement of ankita singh as well as narendra -3- kumar singh, petitioner in b.a. no. 6582 of 2017. learned senior counsel submits that in the same order, it has been indicated that the income tax returns also contained the balance sheet and neither the c.b.i. nor the.....
Tag this Judgment! Ask ChatGPT.....of jhalco or they have to be -2- treated as employees of water resources development after being there for such a long deputation. in the aforesaid factual matrix of the case, the decision of absorption is to be taken by the water resource department based upon consideration of all relevant factors. the petitioners having continued for 15 years on deputation in the water resources department may have legitimate grievances with regard to the status of their service when they are almost nearing the age of superannuation. it is therefore deemed appropriate to direct the competent authority under respondent water resources / respondent no. 2 , secretary department of water resources development to take a decision on the question relating to claim of absorption of the petitioners within a period of 16 weeks from the date of receipt/production of a copy of this order. accordingly, the writ petition stands disposed of”.3. learned counsel for the review petitioner- state of jharkhand submits that the issue relating to employees of the bihar hill area lift irrigation corporation (bhalco) was under consideration before the apex court in civil appeal no. 10515 of 2013 along with other.....
Tag this Judgment! Ask ChatGPT.....have been suppressed intentionally so as to disguise the source of the funds. since explanation submitted by the accused persons were not satisfactory, a supplementary complaint was filed against the petitioner and other accused persons.2. mr. anil kumar sinha, learned senior counsel for the petitioner, has submitted that petitioner was never made an accused in the main offence by the c.b.i. it has been submitted that merely on account of the allegation of undisclosed source of rupees one crore, which was given by ankita singh to her brother-surya sonal singh, petitioner has been implicated for having extended the loan to his wife smt. ankita singh and the same was never disclosed in the i.t. returns. it has also been submitted that adjudicating authority under the prevention of money laundering act had clearly held that the investigating officer had acted over enthusiastically and had brushed aside the statement of ankita singh as well as narendra kumar singh. -3- learned senior counsel submits that in the same order, it has been indicated that the income tax returns also contained the balance sheet and neither the c.b.i. nor the income tax department had taken adverse.....
Tag this Judgment! Ask ChatGPT.....of recommendation which was sent by respondent no. 8 on 4.9.1989 for consideration to make appointment in class iv post to the petitioner.2. the facts, as delineated, in the writ application is that initially the petitioner was engaged as daily wages employee under irrigation department to work under gandak project of irrigation department, muzaffarpur as a peon (guard) from 1.1.1974 to 31.10.1974. thereafter, in view of an agreement entered into between the state worker union and chief engineer concerned, the petitioner along with other similar situated persons were taken in services under work charged establishment of the government on regular pay-scale vide letter dated 1.2.1982, but to the utter surprise, their services were terminated on 25.02.1982. aggrieved thereof, the petitioner along with others approached this court by filing c.w.j.c no. 988 of 1982 and analogous cases, which was dismissed vide order dated 09.12.1982 with observation that “....it is hoped that in due course authorities concerned will try to provide the petitioners with employment.” against the said order, the petitioners along with others preferred s.l.p (civil) no. 3621-23/84, in which, the.....
Tag this Judgment! Ask ChatGPT.....also stated on similar terms to what has been stated by p.w. - 1. p.w. - 3, chandrika prasad sah, is an independent witness who had supported the factum of marriage and the birth of the daughter out of the said marriage. this witness had also admitted that a panchayati was held and pursuant to the decision of the panchayat the complainant was taken to surat where her husband stayed. p.w. - 4, anju devi, is the complainant herself who apart from the fact that her marriage was solemnized with the petitioner in criminal revision no. 697 of 2005 had stated that after remaining in peace for a period of two to three years after the marriage she was ousted from her matrimonial house after committing assault upon her. this witness had also stated that after panchayati was held there was a demand of rs. 20,000/- made from the complainant and all the accused persons including the husband and the in-laws used to regularly assault her and ultimately she was once again driven out from her matrimonial house. this witness had further stated that her husband had solemnized second marriage and for that reason he wanted to sell her out. she had further stated that after she was taken back to.....
Tag this Judgment! Ask ChatGPT.....examined and his age was assessed. the division bench of this court in lpa no. 327 of 2006 (ram payare singh vs. bccl and ors.), in the similar facts and circumstances as of this case in paragraph 9 and 10 has held as under;“9. the facts of the case is not applicable in the present case as in the said case there was no entry made regarding date of birth in form-b but in the case at heard there is specific entity in form-b mentioning the date of birth and the said form-b has been signed by the appellant-petitioner; that the said entry shows his date of birth as 01.01.1946. accordingly, the said decision runs counter to the contention of the learned counsel for the appellant.10. it is held that form-b, which was prepared at the time of joining of the appellant, it is a statutory document and record of service and has been duly signed and authenticated by the appellant. thus there is no plausible explanation as to why he had not produced the matriculation certificate at the time of appointment, which was in his possession as argued by the learned counsel for the appellant. it is evident that he raised his grievance at the fag end of his service.”5. thus, i have no.....
Tag this Judgment! Ask ChatGPT.....to pay him salary at par with the similarly situated teachers working in the minority school. 2. the facts in short is that petitioner was initially appointed to the post of assistant teacher on 19.06.2011 by the managing committee of urdu town middle school, main road, chakradharpur which is a nongovernment aided minority school against the advertisement dated 03.05.2011 and since then he is holding the post without any interruption. the background of the case is that 2 vide letter dated 29.07.2010, a request was made by the managing committee before the district superintendent of education wherein it was informed that four sanctioned posts for matric trained teachers are vacant and, therefore, the permission may be accorded to fill up the same. district superintendent of education accorded the permission vide its letter dated 08.04.2011 and directed the .....
Tag this Judgment! Ask ChatGPT.....after the retirement of the petitioner.14. mrs. richa sanchita, learned counsel appearing for the accountant general argues that it is admitted fact and settled principle of law that an employee is entitled for fixation of pension as per the last pay scale drawn by him. if any illegality has been done by the department, as the same was approved by the state, the same is subject to correction. she fairly argues that the correction will be done in accordance with the settled principles of law and taking into account the full bench decision.15. having gone through the rival submissions of the parties, this court is of the considered view that after retirement, no recovery/any reduction can be done from the pension of a class-iii employee which has been categorically held in a catena of decisions, particularly in the case of state of punjab & ors. vs. rafiq masih (white washer), reported in 2015 (4) scc334 stating therein that even prior to one year of retirement, the amount from the pension cannot be recovered/reduced.16. in view of the aforesaid observations, rules, guidelines and judicial pronouncements, i hereby, direct the respondent no.2 to verify the service book of the.....
Tag this Judgment! Ask ChatGPT..... wrongly it was considered and granted by erstwhile state of bihar which is against the provisions of reorganization act. learned counsel argues that section 72 and 73 is not attracted in the case of petitioner and as such the impugned order is fully justified. 4 be that as it may having gone through the rival submissions of the parties, this court is of the considered view that the impugned order has been issued without following the cardinal principles of natural justice. rightly after the bifurcation, the state of bihar has no jurisdiction to consider and pass orders for promotion but to the promotion which was already granted w.e.f 1998 and the petitioner continued working on the said post for five long years, it was requirement of the service conditions that at least a show cause has to be issued to the petitioner so that he could have justified the .....
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