.....and ‘the 2014 amendment act’) that the amendments were intended to have prospective effect.11. additionally, it was submitted, that in the facts and circumstances of this case, there would be absolutely no prejudice caused to the private parties, by change of ‘forum’ for trial, firstly, by transfer of proceedings from the metropolitan magistrates (or, the judicial magistrates of the 9 first class), to the court of session, and thereafter, by the transfer of proceedings from the court of session, to that of the special court. the absence of any alleged prejudice to the accused, in the pleadings filed on behalf of the private parties before this court, and the absence of any such submissions, during the course of hearing (to demonstrate prejudice), according to learned counsel, leave no room for any doubt, that the litigation initiated by the private parties, based on the above mentioned jurisdictional issue, was only a ploy to delay the prosecution initiated against them, by sebi.12. it was also the contention of the learned additional solicitor general representing sebi, that ‘the sebi act’ was an enactment, which provided for a wholesome special procedure to.....
Tag this Judgment! Ask ChatGPT.....no.2 herein, petitioner in the trial court, letters of administration of the will dated 19.9.2000 executed by sh. nand lal, the father.2. the facts of the case as pleaded in the petition in the trial court, filed by the respondent no.2/sh. sanjay rana, were that his father sh. nand lal died on 20.1.2001. sh. nand lal had prior to his fao no.55/2008 page 1 of 18 death left behind his will dated 19.9.2000 and which was duly registered with the sub-registrar. by the will the deceased testator bequeathed his property bearing no.4249-51, tail mandi, pahar ganj, new delhi to his one son i.e the respondent no.2 herein and his widow smt. nirmal rana. the petition in the trial court was originally filed by smt. nirmal rana widow of sh. nand lal along with sh. sanjay rana, the son of sh. nand lal, however after the death of smt. nirmal rana, she was deleted from the array of the two petitioners because by the subject will the property was bequeathed half to the widow smt. nirmal rana and half to the son sh. sanjay rana with the half belonging to the mother also falling to sh. sanjay rana on the death of smt. nirmal rana. the testator sh. nand lal at the time of his death left behind.....
Tag this Judgment! Ask ChatGPT.....submitted that the petitioner be permitted to file the written statement and contest the claim on merits.7. the writ petition is allowed; impugned order dated 26th may, 2015 is set aside and the case is remanded back to the commissioner, employees’ w.p.(c) 10836/2015 page 2 of 3 compensation. the delay in filing the claim application by respondent no.1 is condoned. respondent no.1 is permitted to amend the claim application to correct the date of the accident.8. the parties shall appear before the commissioner, employees’ compensation on 15th september, 2017 when respondent no.1 shall file the application for amendment of the claim application along with the amended claim application whereupon the commissioner, employees’ compensation shall grant an opportunity to the petitioner to file the written statement and thereafter, to respondent no.1 to file the rejoinder. the commissioner, employees’ compensation shall afford reasonable opportunity of leading evidence to both the parties and thereafter, pass a fresh order in accordance with law.9. the record of the commissioner, employees’ compensation be returned back along with the copy of this judgment.10. copy of this.....
Tag this Judgment! Ask ChatGPT.....case would be w.p. (c) no.3455/2016 page 10 of 17 in accordance with law. though there appears to be some ambiguity or confusion, to our mind in the facts of the present case, it would not make any difference. the confusion arose because of the corrigendum published in the gazette on 4th august, 2006 had wrongly added the provisions, i.e. section 19 of the railway protection force (amendment) act, 1985, as sub-sections (4) and (5) of section 21 to the principal act. the amendment in terms of section 19 of the railway protection force (amendment) act, 1985 should have been made in the schedule to the principal act. however the said corrigendum has not been withdrawn by a notification in the official gazette.13. even if the corrigendum dated 4th august, 2006 is taken into consideration, the effect would be no different. we would observe that there is a contradiction between the gazette notification dated 9th september, 1985 publishing the railway protection force (amendment) act, 1985 and the corrigendum dated 4th august, 2006. the enactment, as passed by parliament which has received the assent of the president, would prevail and is binding. it would be better for the official.....
Tag this Judgment! Ask ChatGPT.....employment' in the earlier part of the judgment, he would not be entitled to any right to be absorbed or made permanent in the service. in fact, in such cases, the high court may not be justified in issuing interim directions, since, after all, if ultimately the employee approaching it is found entitled to relief, it may be possible for it to mould the relief in such a manner that ultimately no prejudice will be caused to him, whereas an interim direction to continue his employment would hold up the regular procedure for selection or impose on the state the burden of paying an employee who is really not required. the courts must be careful in ensuring that they do not interfere unduly with the economic arrangement of its affairs by the state or its instrumentalities or lend themselves the instruments to facilitate the bypassing of the constitutional and statutory mandates.44) the concept of 'equal pay for equal work' is different from the concept of conferring permanency on those who have been appointed on ad hoc basis, temporary basis, or based on no process of selection as envisaged by the rules. this court has in various decisions applied the principle of equal pay.....
Tag this Judgment! Ask ChatGPT.....as indeed the nature of engagement of the claimant, the functional disability is assessed at 20%. the loss of future earning on account of disability, thus, is recalculated at (8814 x 20 ÷ 100 x 12 x17) rs. 3,59,611.2. this would mean the award will have to be reduced by (7,19,222.40 - 3,59,611.2) rs. 3,59,611.2. the award is, thus, reduced to (10,59,146.40 – 3,59,611.2) rs. 6,99,535.2, rounded mac appeal no.768/2016 page 2 of 3 off to rs. 7 lakhs. needless to add, it shall carry interest as levied by the tribunal.6. by order dated 21.09.2016, the insurance company had been directed to deposit the entire awarded amount with upto date interest with uco bank, delhi high court branch. the registry shall now take steps to have the amount in terms of the modified award with corresponding interest released to the claimant forthwith, refunding the excess in deposit with corresponding interest and the statutory deposit to the insurance company. r.k.gauba, j.august21 2017 nk mac appeal no.768/2016 page 3 of 3
Tag this Judgment! Ask ChatGPT.....tribunal‟), whereby a penalty of rs.5 lakhs was imposed on the appellant for contravention of section 8(3) and section 8(4) of fera.2. brief facts of the case are that based upon information received from the reserve bank of india (hereinafter referred to as „rbi‟), about non-submission of relevant proof of import in relation to the remittance of foreign exchange for seven imports made by the appellant company, the respondent department issued two letters to the appellant company dated 08.06.2001 and 24.04.2002 to explain crl.a. 617/2016 page 1 of 10 their position. when no reply was received from the appellant company, a show cause notice (hereinafter referred to as „scn‟) dated 30.05.2002, was issued to the appellant company. it was alleged by the respondent department that seven imports were made by the appellant company and foreign exchange was remitted for the said imports, however, the appellant failed to furnish a certificate from the dealer in support of submission of exchange control copy of bill of entry, thus violating section 8 (3) and section 8(4) of the fera read with chapter 7a.20 (i) of the exchange control manual, 1995. a reply to which, dated.....
Tag this Judgment! Ask ChatGPT.....be exercised only when it is shown that there is a legal bar against the continuance of the criminal proceedings or the framing of charge or the facts as stated in the first information report even if they are taken at the face value and accepted in their entirety do not constitute the offence for which the accused has been charged. this court in kanti bhadra saha & anr. v. state of west bengal1 (2000 (1) scc722 has held that there is no legal requirement for the trial court to write a reasoned or lengthy order for framing the charges.4. in the instant case, the learned judge ignored the basic principles which conferred the jurisdiction upon the high court for exercise of revisional powers. it was premature for the high court to say that the material placed before crl.rev.p. 603/2017 page 8 of 9 the trial court was insufficient for framing the charge or that the statement of the prosecutrix herself was not sufficient the accused- respondent. further against to proceed 5. as the impugned order has been passed against the settled position of law, it is unsustainable and is accordingly set aside. the order of framing the charge passed by the trial court against the accused is.....
Tag this Judgment! Ask ChatGPT.....the tribunal are inadequate. it is noted that tribunal has awarded rs. 1 lakh each towards loss of love & affection and loss of estate and rs. 25,000/- towards funeral expenses. this is not in sync with the awards under non-pecuniary heads of damages and the view taken in mac.app.no.160/2015 shriram general insurance co ltd v. usha decided by this court on 05.05.2016. thus, non-pecuniary damages in the sum of rs.1,50,000/- towards loss of love & affection and rs.50,000/- each towards loss of estate and funeral expense are added. this would result in increase in the award by rs. 25,000/-, which is hereby granted. needless to add, it shall carry interest as levied by the tribunal.4. the insurance company shall deposit the requisite further amount with the tribunal in accordance with modification ordered above making it available to be released.5. 6. the appeal is disposed of in above terms. dasti. r.k.gauba, j.august21 2017 nk mac appeal no.711/2016 page 2 of 2
Tag this Judgment! Ask ChatGPT.....however still apply. cm(m) 884/2017, cm(m) 888/2017 & cm(m) 892/2017 page 4 of 6 21. reference in this regard may be made to india umbrella manufacturing co. vs. bhagabandei agarwalla (2004) 3 scc178laying down (i) that it is well settled that one of the co-owners can file a suit for eviction of a tenant in the property generally owned by the co-owners; (ii) that the principle is based on the doctrine of agency—one co-owner filing a suit for eviction against the tenant does so on his own behalf in his own right and as an agent of the other co-owner; (iii) that the consent of other co- owners is assumed as taken unless it is shown that the other co-owners were not agreeable to eject the tenant and the suit was filed in spite of their disagreement; (iv) that where eviction is sought by both co-owners, one of the co-owners cannot withdraw his consent midway the eviction suit so as to prejudice the other co-owner—eviction suit once filed, the rights of the parties stand crystallised on the date of the suit and the entitlement of the co- owners to seek ejectment must be adjudged by reference to the date of institution of the suit; (v) that the only exception being when by.....
Tag this Judgment! Ask ChatGPT