.....progression and modified assured career progression to the petitioner has been cancelled in complete violation of the principle of natural justice. factual matrix 2. the petitioners were initially appointed on the post of “paid manager” in co-operative lamps and consequent upon such appointment and on 01.08.1979, the petitioner joined on that post at co-operative cadre society, ranchi. in terms of letter no.141 dated 18.01.1994 issued by the registrar, co-operative society, bihar, patna the pay scale of the petitioner was fixed up at rs.975-1540 and the same has been entered in his service book on 12.12.1994.3. it is the case of the petitioners that bihar rajya sahkari prabandhak seva sangh, bihar, patna preferred a writ application on behalf of the “paid managers” regarding adjustment/absorption/regularization in their services before the hon'ble patna high court which was registered as c.w.j.c.no.2312/1991. the said writ application was disposed of 2. directing the state government to absorb the co-operative managers against equivalent posts in any other department of the state government in terms of the decision of the government dated 06.09.1986. the respondent-state.....
Tag this Judgment! Ask ChatGPT.....investments have rendered the findings on his income from the known sources as disclosed by the prosecution patently unsustainable in law and on facts. this is more so as the relevant witnesses of the prosecution have conceded that the income of the appellant from the pay for the periods excluded as well as agricultural gains, if included, would render the charge of disproportionate assets non est, he urged. as on the basis of the materials on record, the prosecution had failed to prove/establish that the appellant during the check period was in possession of pecuniary resources or property disproportionate to his known sources of income, he in law was not called upon to offer any explanation therefor and on that premise as well, the adverse inference drawn against him on that count is indefensible.16. per contra, the learned counsel for the respondent/state 12 has urged that the prosecution having proved the charge beyond all reasonable doubt as has been endorsed by the concurrent findings of the courts below, no interference with the conviction and sentence is warranted.17. the materials on record and the rival assertions have received our due attention. the accusations on.....
Tag this Judgment! Ask ChatGPT.....from arrest has been granted by this court. in the nature of order we propose to pass, it is not 4. necessary for us to go into the details of the facts. perhaps the high court was justified in going deep into the facts, since there was a petition under section 482 cr.p.c. before it.5. be that as it may, we are informed that accused no.1 has already been granted bail by the high court. these matters have been pending before this court for more than one year. 1 6. in the above circumstances, we are of the view that there is no point in keeping these appeals pending before this court. hence, these appeals are disposed of as follows: as and when the investigating officer files a final report under section 173(2) cr.p.c. and in case the appellants are summoned, they shall surrender before the trial court and their applications for bail shall be considered by the trial court without further delay. we make it clear that the trial court will proceed with the trial uninfluenced by any of the observations and findings made by the high court in the impugned judgment.7. of. pending application(s), if any, shall stand disposed new delhi; august09 2017. .......................j.[kurian.....
Tag this Judgment! Ask ChatGPT.....accommodate the respondent in some other part of the building. list after four weeks.” 6. the said order happened to be passed taking note of the fact that respondent/tenant was a tailor and he needed only minimum accommodation, as has been noted by the high court.7. today, when the matter was taken up, mr. sandeep garg, son of the appellant/ved prakash, on due instruction from the appellant, is present before this court. learned counsel appearing for the appellant and mr. sandeep garg submits that even after reconstruction of the stair case, the respondent can be accommodated so as to continue his tailoring work.8. in that view of the matter, we are of the view that the order needs to be worked out before the rent controller. accordingly, we dispose of this appeal and set aside all the orders and remit the matter to the rent controller, solan for the limited purpose, as follows:- i. the appellant shall provide a suitable and equivalent space to the respondent, after reconstruction of the stair case, in the same shop. the reconstruction shall be undertaken only in such a way. ii. the respondent shall be evicted only after the approval of the plan for reconstruction of the.....
Tag this Judgment! Ask ChatGPT.....is against section 5(2) of the maharashtra employees of private schools (conditions of service) regulation act, 1977. 2 4. it is seen from the facts that it was not a case of appointment against the permanent vacancies. even according to the state, the vacancies arose only on a year to year basis and in the case of the appellants' institution and few other schools, it was started on an experimental basis. as they were not able to continue the course on permanent basis, the course was de-recognized on 22.03.2000. therefore, after that year, no recognition was given and consequently, there was no appointment, since there was no course.5. be that as it may, we are informed that after a break of six years, the teachers have been accommodated in some other schools and what survives is only the question, at best, of back wages for the said period. this claim for back wages has to be appreciated 6. in the background of the appointment order. the appointments were made on year to year basis since the recognition was on year to year basis and the course was discontinued also. therefore, the maximum the teachers can pray for, in the facts and circumstances of the case, is back wages.....
Tag this Judgment! Ask ChatGPT.....aspects and also came to the conclusion that the appellant should be made liable for the costs awarded by this court in civil appeal no.2374/2010.4. mr. siddharth luthra, learned senior counsel appearing for the appellant submits that as far as the appellant is concerned, there is no need for protection under section 438 cr.p.c. since he had actually been granted regular bail after arrest, by the high court. 1 5. we are afraid, the high court has gravely gone wrong in passing an order for recovery of the said amount. it was not an issue arising in the case. that apart, it was not for the high court to collaterally consider and decide who should be made liable for the costs awarded by this court in a different case.6. therefore, this appeal is allowed and the order regarding recovery of rs.10,00,000/- (rupees ten lacs) from the appellant is vacated.7. of. pending application(s), if any, shall stand disposed new delhi; august09 2017. .......................j.[kurian joseph]. .......................j.[r. banumathi]. 2
Tag this Judgment! Ask ChatGPT.....would contend that where the registrar is of the opinion that a co-operative society is unable to function in accordance with the provisions of the act, rules or bye-laws on account of number of members of the board falling short of the required numbers to form 8 a quorum due to disqualification, resignation or death or removal of a member, the registrar, is required to appoint a special officer, the term of whose appointment shall not exceed six months. he would further draw the attention of this court to the provisions of sub-section (2) of section 31 of the act which mandates that the registrar is not required to provide any opportunity to any member or the society, while passing the order u/s 31 of the act.9. he would further draw the attention of this court to the provisions of section 31 of the act to state that on the happening of the circumstances as enumerated under section 31(2) (a) of the act, the remaining members of the co-operative society shall vacate and shall be deemed to have vacated their offices and the special officer shall be deemed to have assumed charge of the affairs of the co-operative society. 9 10. the provisions of section 31 (5) of the act mandates.....
Tag this Judgment! Ask ChatGPT.....(1) scc295 7. the question whether a document is a mortgage by conditional sale, or a sale with an option to repurchase, has to be determined in the facts of each case, dependent on the recitals in the document, intention of the parties, coupled with attendant surrounding circumstances. there can be no hard and fast rule for determining the nature of the document devoid of these circumstances. precedents, in abundance, will not suffice alone, as observed in pandit chunchun jha vs. sheikh ebadat ali and another, 1955 scr174 as follows:- 4 “there are numerous decisions on the point and much industry has been expended in some of the high courts in collating and analyzing them. we think that it is a fruitless task because two documents are seldom expressed in identical terms and when it is necessary to consider the attendant circumstances the imponderable variables which that brings in its train make it impossible to compare one case with another. each case must be decided on its own facts.” 8. section 58, clause (c) of the transfer of property act, 1882 defines mortgage by conditional sale as follows:- “where the mortgagor ostensibly sells the mortgaged property— on.....
Tag this Judgment! Ask ChatGPT.....court on 28.05.2004 passed an order in the aforesaid contempt proceedings giving an opportunity to the university authorities to comply with the order dated 29.07.2004 or obtain suitable interim order in the pending special leave petition filed against dated 11.11.2003........” court the order 5 as far as the seniority is concerned, it will 5. depend on regularisation.6. being a contempt jurisdiction, we are not quite sure as to whether there are any affected parties in the department. therefore, this appeal is disposed of as follows :- in case the appellant has any surviving grievance i) with regard to his date of regularisation, it will be open to him to file an appropriate representation before the vice-chancellor of the university. ii) it will also be open to him to raise his grievance regarding the seniority as well. the representation is permitted to be filed within one month from today. in the event of filing the representation within one month from today, we direct the vice-chancellor of the university to consider the representation and pass orders on merits on the representation after affording an opportunity of hearing to the appellant and any other person who is.....
Tag this Judgment! Ask ChatGPT.....facts and circumstances of the case, the high court has granted an order in his favour. as rightly pointed out by the learned additional solicitor general of india, pension is not available to a person who has not opted for the same, within the time permitted for the option.3. however, having regard to the peculiar facts, as disclosed by the high court in the judgment, we are of the view that this is a fit case where we should exercise our jurisdiction under article 142 of the constitution of india and retain the benefits granted to respondent no.1 by the high court.4. therefore, this appeal is disposed of making it clear that the impugned judgment shall not be treated as a precedent as the same is rendered only on the peculiar facts of the case and it shall not be treated as law for any other purpose. 1 pending applications, if any, shall stand 5. disposed of.6. there shall be no orders as to costs. new delhi; august09 2017. .......................j.[kurian joseph]. .......................j.[r. banumathi]. 2
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