.....prakriti nath mukherjee filed pla197of 1999 on 19.05.1999 in this high court. respondent no.1 has alleged that the said will is spurious and a manufactured document. the respondent no.1, in cours.of his arguments in the counter affidavit, has prayed for dismissal of the application for stay. in the affidavit in reply, the allegations against the genuineness of the will have been denied. having gone through the impugned judgment it seems that the learned single judge reviewed his own order dated november 8, 2016 passed in g.a.2868 of 2016 and considered the implementation of the said order regarding re-examination of plaintiff’s witness, ashoke kumar roychowdhury. it has been held that the evidence tendered during re-examination has to be ignored against the backdrop of the present case and that the plaintiff has failed to establish its case. the suit has been dismissed. it is obvious that in the impugned judgment that no particular issue has been decided. prior to refusing to accept the result of re-examination of said witness, the will in question and signatures of testator and attesting witness were kept on record as exhibits, which means that the same were admitted in.....
Tag this Judgment! Ask ChatGPT..... accused suresh kumar chawda @ suresh kr. chawra preferred cr.m.p. no.02 of 2010 before this court. 3. the short fact relevant to this case are that initially a miscellaneous case no.333 of 2003 was filed on 13.03.2003 before the court of chief judicial magistrate, dhanbad by md. ehsanual haque under section 39 of the code of criminal procedure in the form of information that he is tenant of the opposite party and running a business of vulcanizing in the tenanted premise and paying monthly rent of rs.300/. he was being threatened by the opposite party for the last two months to vacate the premise as because opposite party intent to let out to some other persons. he has every apprehension of dispossession wrongfully and forcefully. thereafter, the complainantehsanual haque preferred a title suit no.140 of 2003 before the court of munsiff, dhanbad for declaration and injunction with prayer to 2.....
Tag this Judgment! Ask ChatGPT.....17/01/97 30/06/23 15/07/17 20 8 lakh 800,000 kr singh peon0101.1973 14/07/97 31/12/32 15/07/17 20 8 lakh 800,000 84,400,000 in the said table the employees are divided into three categories according to the post or rank held by them. the exgratia payment to each category is also specified, namely rs.8 lakhs, 6 lakhs and 4 lakhs. all the employees who were in employment on the date of affirmation of this application are eligible to this benefit. in the case of death of an employee the benefit would go to his legal heir or heirs.this application is, accordingly, disposed of by the above order. certified photocopy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (i. cs.p.mukerji, j.)
Tag this Judgment! Ask ChatGPT..... that there was no attempt to murder. at the end counsel for the appellants submitted that it is purely a concocted and manufactured allegation based on prior enmity and it is simply a case of the informant riding his bicycle and falling down in a construction material (gitti) and injuring himself on various parts of the body and , hence, no case is made out against the appellants. 12. on the other hand learned counsel for the informant submitted that all the offences are made out including offence u/s 307 ipc because motive or intention was there along with injuries. the evidence of doctor in the injury report which is ext.2 states eleven injuries of which injury no.1 was incised bleeding wound 1” x 1/4” muscle deep and red in colour on left interior part of scalp which is on the vital part of the body. he further submitted that if the injuries are incised it means knife was being used so there is no question .....
Tag this Judgment! Ask ChatGPT.....petitioner was not aware of such queries as the petitioner did not have access to the edi system at that point of time. upon coming to know of such fact, the petitioner had filed a supplementary claim under cover of a letter dated december 6, 2010. the authorities had afforded the petitioner a hearing in respect of such supplementary claim. however, by the order dated december 30, 2011 the assistant commissioner of customs.drawback department rejected the same on account of the same being barred by time and as the application was improper. the petitioner has appealed therefrom under section 128 of the customs act, 1962. the appeal was allowed by the order dated february 6, 2012. the drawback claim was directed to be considered on merits. the revenue had preferred a revision therefrom under section 129dd of the customs act, 1962. such revision was allowed by the order dated june 14, 2013 disallowing the claim for duty drawback and upholding the order in original. learned advocate for the petitioner submits that, the petitioner was not aware of the queries raised in the edi system as the petitioner did not have access thereto. consequently, the queries went unattended. the.....
Tag this Judgment! Ask ChatGPT.....submitted, the petitioner has never been arrested during investigation and trial will take some time. considering all these facts, the petitioner deserves privilege of anticipatory bail. a.b.a. no. 4984 of 2016 record reveals that shri ramesh kumar daspetitioner is presently working and posted as gramin dak sevak branch, post master (gdsbpm), dhandra bo in a/c with jamtara mdg.. the petitioner jointed at the post of gdsbpm on 07.09.2011 on the basis of forged marksheet, admit card and certificate showing inflated higher 616 marks out of 700, 88.00% in the matriculation/madhyama examination conducted in the year, 2006. he used the said forged admit card, marksheet and certificate as genuine for qualifying the merit list for the appointment to the said post as the recruitment was done solely on the basis of merits and higher marks obtained in the matriculation or its equivalent examination. the madhyama examination was .....
Tag this Judgment! Ask ChatGPT.....counsel for the parties and after going through the records, final form, material collected by the c.b.i against the petitioners and also the fact that final form has been submitted in these cases, trial will take some time, during investigation these petitioners co-operated in the investigation and they were never arrested by the i.o, i am inclined to admit the petitioners on anticipatory bail. accordingly, the above named petitioners are directed to surrender in the court below within four weeks from the date of this order and in the event of their arrest or surrender the court below shall enlarge them on bail on furnishing bail bonds of rs. 25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of special judge, c.b.i, ranchi in connection with r.c. case no. 16(a)/2014-r, subject to the conditions as laid down under section 438(2) of the cr.p.c and also subject to further condition that one of the bailors must be local resident of ranchi district. petitioners shall fully cooperate with the c.b.i and also appear physically on each and every date before the trial court till framing of charge. if they want exemption from.....
Tag this Judgment! Ask ChatGPT.....engineer to take decision on matters enumerated in clause 30 did not involve adjudication of any dispute or lis between government and contractor. hence, the said clause is not an arbitration clause in the opinion of the apex court.9. the ratio rendered by the apex court on this issue applies with all rigors to the facts of the present case as well. in the present case clause 95 relied upon by the petitioner also contemplates reference of dispute arising out of a contract to the director whose decision shall be final and binding on the contract. this would also not affect the execution of the work. essential attributes of an arbitration clause as referred in the case of k.k.modi vrs. k.n.modi (supra) also do not stand fulfilled in the present case to treat clause 95 of agreements as arbitration clause. therefore prayer for appointment of an arbitrator in terms of section 11(6) of the act of 1996 cannot be entertained.10. these applications are accordingly dismissed. (aparesh kumar singh, j.) a.mohanty
Tag this Judgment! Ask ChatGPT.....said order dated 19.11.2014. para 9 of the said counter affidavit is also being quoted hereunder:- “para 9:- that it appears from the abovesaid facts, the absorption of employees of hazaribagh mines board and payment of retiral dues of the existing and retired employees is under active consideration and after necessary formalities steps will be taken for payment”. the operating portion of the order dated 19.11.2014 is also being quoted hereunder as the concerned opposite parties seem to have have forgotten the import of the order despite pendency of the instant contempt petition.:- “with the hope and trust that the issue now no longer remains litigated, the writ petition is being disposed of with a direction to the respondents to take a final decision in the matter and make payments of admissible retiral dues to the retired employees of the hazaribagh mines board within a period of 3 months. -2- needless to say that the respondents would devise a proper means and procedure for disbursement of admissible post retirement dues to the retired employees. both the writ petitions are accordingly, disposed of. all the pending i.a.s are also stand disposed of”. during pendency.....
Tag this Judgment! Ask ChatGPT.....the child witness was also following them, he was rebuked to go inside the house and thereafter the dead body of the deceased was found, but, the fact remains that the attention of the child witness was drawn towards the statements made by him before the police, which he has reiterated to have given before the police. learned counsel submitted that due to non-examination of the investigating officer, necessary contradictions could not be taken from him, which has caused serious prejudice to the defence. the child witness has admitted that for the first time he was deposing in the court, that both the accused persons had committed the murder of the deceased and there was intimacy between his mother and the co-accused. it is also submitted by the learned counsel that though it has come in evidence of p.w.2 ganga mahto 5 that there was lot of blood behind the house of the deceased and trail of blood was also there up to the place where the dead body was found, but in absence of examination of the investigating officer, this evidence also could not be corroborated. learned counsel submitted that in the facts of this case, there was practically no material on record to convict the.....
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