.....did not respond. noting that the respondent had not received balance sale consideration or rentals/assured return since july 2014 and in view of the fact that the petitioner has sold the flat to a third party, the learned arbitrator held that the respondents have made out a good prima facie case and accordingly the learned arbitrator passed a direction to the petitioner to furnish a bank guarantee for a sum of rs.4 crores for securing the claim of arbitration within three weeks. arb. a. (comm.) 8/2017 page 3 of 8 7. i have heard learned counsel for the parties. learned counsel appearing for the petitioner has vehemently argued that the learned arbitrator has passed the impugned orders contrary to the provisions of order 37 cpc. it is stated that in the application under section 17 of the act only a relief of stay was sought. he submits that the learned arbitrator has converted this relief for injunction into a relief under order 38 rule 5 cpc without the respondents‟ pleading or showing the necessary ingredients for application of order 38 rule 5 cpc. the learned counsel relies upon the judgments of this court in the cases of intertoll ics cecons. o & m co.pvt. ltd. v. national.....
Tag this Judgment! Ask ChatGPT.....filing an appeal before the appellate authority and the appeals would be considered in accordance with law.4. he submits that apart from these 194 jhuggis, referred to above, other jhuggis have not been surveyed as, in the present proposal of expansion, they do not come in the right of the way wp(c) 6172017 page 2 of 3 (row).5. 6. the statement is taken on record. in view of the above, the writ petition is disposed of directing the respondents to take action with regard to the eligible and ineligible jhuggis in accordance with the delhi slum & jj rehabilitation and relocation policy, 2015 of the respondent no.1 – dusib.7. it is clarified that in case any of the petitioners have any individual grievance, they would be entitled to take remedies available in law.8. the writ petition is, accordingly, disposed of. may25 2017/‘st’ sanjeev sachdeva, j wp(c) 6172017 page 3 of 3
Tag this Judgment! Ask ChatGPT.....in the peculiar facts of the case and medical condition of the petitioner.2. learned counsel for the respondent submits that in view of the special facts and circumstances and in view of the request of the petitioner, the petitioner is being offered quarter no.03, sector-4, r.k. puram, which is a ground floor quarter. wp(c) 3228/2017 page 1 of 2 3. learned counsel for the petitioner submits that petitioner is agreeable to accept the offer.4. learned counsel for the respondent submits that the quarter would be made habitable and the possession thereof will be offered to the petitioner within two weeks from today. his submission is taken on record.5. with regard to the prayer for grant of relocation allowance, the petitioner is permitted to make an application. the respondent shall consider the application, if any, made by the petitioner for reimbursement of relocation expenses, keeping in view the peculiar facts of the case, that the petitioner is being shifted on account of the re-development project and not because of his request.6. since this order has been passed in the peculiar facts and circumstances of the case, the same shall not be treated as a precedent.7. in view of.....
Tag this Judgment! Ask ChatGPT.....justice s. muralidhar justice chander shekhar % order2505.2017 dr. s. muralidhar, j.:1. these fifteen writ petitions arise out of a similar set of facts concerning the notices issued to each of the... petitioners under section 153c of the income tax act, 1961 („act‟).2. six of the writ petitions viz., w.p. (c) nos. 2227, 2228, 525, 2229, 2246 and 527 of 2015 by ganpati fincap services pvt. ltd. (hereafter 'ganpati') and six writ petitions viz., w.p. (c) nos. 2247, 2221, 2248, 529, 2245 and 2220 of 2015 by shushre securities pvt. ltd. (hereafter 'shushre') concern w.p.(c) no.525 of 2015 & connected matters page 3 of 30 assessment years (ays) 2004-05, 2005-06, 2006-07, 2007-08, 2008-09 and 2009-10 respectively. three writ petitions viz., w.p. (c) nos. 2224, 2225, 2226 by shrey infradevelopers pvt. ltd. (hereafter 'shrey') concern ays 2007-08, 2008-09 and 2009-10 respectively. background facts in the ganpati cases 3. the background facts in each set of petitions are more or less similar. on 26th march, 2010 a search and seizure operation under section 132 of the act along with a survey operation under section 133a of the act were undertaken at various residential and business.....
Tag this Judgment! Ask ChatGPT.....in this case are the father and brother of the deceased, being pws 2 and 3 respectively. the learned trial court has taken into account the fact that the star witnesses have not supported the case of the prosecution and have testified that the police had obtained their signatures on blank papers as also their deposition in examination-in- chief was under the influence of the investigating agency. a categorical assertion was made that the respondents never demanded any car, gift or cash from them, neither the deceased ever told them about any demand of dowry or harassment at the hands of the respondents. the learned trial court has also taken into account the testimonies of shri rajender singh chhikara (pw3) and shri dharambir singh (pw8). both the aforesaid witnesses had testified that they had participated in a meeting which was held between the two families on account of the deceased being harassed by her in-laws and whether demand of car, gold and bangles were made. however, in court both the aforesaid witnesses did not support the case of the prosecution and they had denied of any such meeting being held or that they were told by the family members of the deceased.....
Tag this Judgment! Ask ChatGPT.....of damages?. if yes, at what rate?. and for which period?. ….opp3 relief.” 6. the courts below have dismissed the suit by referring to the fact that in addition to the documents which were proved by the plaintiff as ex.pwto ex.pwbeing the agreement to sell, general power of attorney and receipt, the respondent no.2/defendant no.2 proved the general power of attorney dated 19.4.1995 executed by the original owner sh. pawan kumar in favour of the respondent no.1/defendant no.1 and which was duly registered before the sub- registrar. it was held by the courts below that this document being the registered general power of attorney ex.dwwas concealed from the court by the plaintiff and which showed that the respondent no.1/defendant no.1/son was the owner of the suit property and not the plaintiff/father. it was held by the courts below that the suit has been rsa no.155/2016 page 4 of 15 filed in collusion between the plaintiff/father and the respondent no.1/defendant no.1/son and was therefore bound to be dismissed. the first appellate court has admittedly held that the documents executed in favour of the appellant/plaintiff being ex.pwto ex.pware not registered, and.....
Tag this Judgment! Ask ChatGPT.....for a period of two years and a fine of rs.1,000/- and in crl. a. no.239,189&651/2002 page 2 of 10 default one month simple imprisonment.3. the factual matrix that emerges from the record is that the deceased sandhya was married with the appellant rajesh kumar on 02.04.1982 and subsequently two children were born out of this wedlock. initially, the behavior of all accused persons was fine with respect to the deceased but thereafter, they started demanding money and the father of the deceased, devi lal (complainant in the present matter) gave rs.70,000/- but there was further demand of rs.50,000/-. on 05.09.1998, the father of the deceased received a telephone call from the accused rajesh informing him that his daughter sandhya was feeling suffocated and was further informed that he was calling from janki das hospital. father of the deceased thereafter reached the hospital and found his daughter lying on a stretcher, with her body covered with a cloth. he removed the cloth to find that froth was coming out of his daughter’s mouth and returned to his house. after 3- 4 days he went to the police station inder puri and lodged a complaint. the trial court after completion of.....
Tag this Judgment! Ask ChatGPT.....of ‘h’ had complained that a student of her class was being harassed and someone was doing galat kaam with her. she called ‘h’ to verify the fact who informed that ‘s’ told her about the same. on ‘s’ being called, ‘s’ informed that the prosecutrix had complained to her that her uncle gulab kant yadav was doing galat kaam with her and would touch her inappropriately since they used the common bathroom. gulab used to take her to the toilet and did galat harkat with her. she called up the house of prosecutrix and around 2:00 p.m. aunts of prosecutrix arrived at school. mother of the prosecutrix could not come due to indisposition. she talked to the maternal aunt of the prosecutrix and told her the facts which were brought to her knowledge by the prosecutrix. her aunt stated that she did not know anything and thereafter spoke to the prosecutrix in private. aunt of the prosecutrix confirmed what the prosecutrix had told her was truth. she told the prosecutrix to report the matter and was informed that gulab was doing this act for the past one year crl.a. 326/2015 page 2 of 7 and threatened to kill her brothers and sisters if the prosecutrix told anyone.5......
Tag this Judgment! Ask ChatGPT.....have been convicted for offence punishable under sections 3ipc in a mechanical manner without there being any evidence on this count.4. despite the fact that the pickup van containing meat was deposited in the malkhana, as per pw-11 constable jai prakash, the same pickup van loaded with meat was taken to ghazipur for destroying the meat. in his deposition he has given the number of the vehicle to be the same as that deposited in the malkhana. the only appellants arrested at the spot were wasim, kailash, sita ram and asif. rest of the appellants were not apprehended at the spot and no test identification parade (tip) was got conducted. dock identification of the accused for the first time in the court crl.a. 524/2016, 1726/2014, 1744/2014, 10/2015, 172/2015, 466/2015, 887/2015, 712/2016 & 443/2015 page 5 of 45 cannot be relied upon in the absence of the tip specially in a case where the witnesses had a fleeting glimpse of the accused even as per their version.5. no proper expert opinion was proved to show that the meat allegedly found in the vehicle belonged to that of cows. moreover, a bare perusal of the photographs, even if relied upon, would reveal that there was no place for.....
Tag this Judgment! Ask ChatGPT.....to the appeal.4. the writ petition is disposed of directing that the respondent no.3 and 4 may file, with respondent no.2, their responses, if any, to the appeal within a period of two weeks. rejoinder to the responses, if any, be filed within two weeks thereafter.5. respondent no.2 is directed to dispose of the appeal within a period of two months from the date of completion of pleadings. the parties shall be afforded an opportunity of personal hearing. the parties shall appear before the respondent no.2 for directions on 11.07.2017 at 3.30 p.m.6. 7. the writ petition is disposed of in terms of above. order dasti under signatures of the court master. may25 2017/‘rs’ wp(c) 43992017 sanjeev sachdeva, j page 2 of 2
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