.....promotion and fixation of pay scales to group c and d employees to avoid stagnation.19. in view of the aforesaid legal position coupled with the fact that the qualification of graduation prescribed is for the promotion to the post of accounts officer rather than for the grant of in situ promotion on the non-functional post or for extending the benefit of acp which is purely and simply in the nature of grant of monetary benefit without actually effectuating any promotion to any higher post, we 10 are of the opinion that the judgment and order of the division bench of the high court impugned in the appeals cannot be sustained. it is accordingly hereby set aside and that the judgment of the writ court dated 28.11.2017 is restored. the appellants are extended the benefit of acp, as directed by the writ court.20. we have not considered it necessary to deal with the two cases on the basis of which the single judge has allowed the writ petitions and granted the benefit of the acp to the appellants, as we have independently of those two decisions have considered and held that the appellants are entitled to financial upgradation under the acp scheme on completion of requisite regular.....
Tag this Judgment! Ask ChatGPT.....the restoration of second appeal to its original number and status and the costs imposed upon the appellantlalitbhai jesangbhai parmar. 25. the facts, in brief, giving rise to the present appeals are as under :5. 1 one jesangbhai kachrabhai parmar (hereinafter referred to as “original plaintiff”) had instituted a suit, bearing regular civil suit no.92 of 2015 (old no.165/2001), before the additional senior civil judge, mehsana, challenging the sale deed dated 14th september 2000 executed by one nanjibhai sagrambhai chaudhary in favour of one sureshbhai hirabhai chaudhary with respect to the suit property. 5.2 the said suit came to be dismissed by the 7th additional civil judge, mehsana, vide judgment and decree dated 12th june 2008. it is pertinent to note that the original plaintiff had expired on 31st december 2006, i.e. during the pendency of the said suit and his legal representatives (“lrs” for short) had been brought on record in the said proceedings. 5.3 a first appeal, being regular civil appeal no.77 of 2008, was preferred by the lrs of the original plaintiff 3 including the appellant lalitbhai jesangbhai parmar, being the son of the original plaintiff.....
Tag this Judgment! Ask ChatGPT.....non-existent, unenforceable, or invalid, pending payment of stamp duty on the substantive contract/instrument?.” b. a bird’s overview of the facts in n.n. global3 the first respondent, who was awarded the work order, entered into a sub-contract with the appellant. 3 clause 10 of the work order, constituting the sub- contract, provided for an arbitration clause. the appellant had furnished a bank guarantee in terms of clause 9. the invocation of the said guarantee led to a suit by the appellant against the encashment of the bank guarantee. the first respondent applied under section 8 of the arbitration and conciliation act, 1996 (hereinafter referred to as, ‘the act’, for short) seeking reference. a writ petition was filed by the first respondent challenging the order of the commercial court rejecting the application under section 8 of the act. one of the contentions raised was that the arbitration agreement became unenforceable as the work order was unstamped. the high court, however, allowed the writ petition filed by the first respondent. the issue relevant to this bench was, whether the arbitration agreement would be enforceable and acted upon, even if the work.....
Tag this Judgment! Ask ChatGPT.....court vide order dated 14.05.2010. the orders are under challenge before this court. page 1 of 12 criminal appeal no.1480 of 2011 2. briefly, the facts of the case are that the appellant was owner of the truck bearing registration no.pat/2029. it turned turtle near hanuman mandir, hisar road, village agroha on 15.05.2000 at 9.00 p.m. first information report (fir) no.68 was registered at 4.25 p.m. on 16.05.2000 on the information furnished by the police party on patrol duty. as per the information furnished to the police party by two witnesses ram sarup (pw-6) and naresh kumar (pw-10) the accident occurred on 15.05.2000 at about 9.00 p.m. after the truck hit the divider. the driver and cleaner came out of the truck and on enquiry by the said witnesses, they informed their names as joginder singh s/o jang singh and gurmail singh s/o nachhattar singh. they also disclosed the name of the owner of the truck as harbhajan singh. the driver and the cleaner then went away on the pretext of calling the owner but never returned. police, on suspicion that the bags loaded in the truck were containing some contraband substance, unloaded them and took them into custody. samples were drawn.....
Tag this Judgment! Ask ChatGPT.....appellant-landlord had not been forthright in description of the property in question and had taken the pleadings in a misleading manner about the facts concerning right, title and interest of the wife of his brother-in-law in the property in question and about the fact that the building was constructed on two adjoining plots as a common superstructure.4. for what has been noticed hereinabove, the short point arising for determination in these appeals is as to whether the high court has been justified in reversing the respective orders of eviction. the factual aspects pertaining to both these cases lie in a narrow compass and could be noticed as follows:4. 1. in the petition bearing no.02 of 2011, the appellant sought eviction of the respondent-tenant with the averments that the respondent was inducted as tenant by her predecessor in the year 1995 at the rent of rs. 1200/- per month in one room on the first floor of the property bearing 3 it may be pointed that in the appeal arising out of slp(c) no.31550 of 2018 (relating to rc. rev. no.80 of 2015 before the high court), the respondent-tenant had expired during the pendency of the petition in this court and after setting aside.....
Tag this Judgment! Ask ChatGPT.....on the record available before it duly called from the trial court and the arguments advanced before it, to come to a conclusion thereon. 34.in the facts at hand, the alleged offence in question was committed on 21.3.1995, and the judgment of the trial court was delivered on 7.12.1999. more than 28 years have passed since the commission of the offence. as already indicated, the relevant trial court record has not been able to be reconstructed, despite the efforts of the courts below. hence, in our considered view, as discussed above, ordering a retrial is not in the interest of justice and will not serve any fruitful purpose. the time elapsed must be taken into consideration by the court, and we may stress on that, only after taking due note of and taking steps to abide by the warning issued by this 1 8 court in abhai raj singh (supra), as was correctly done in sita ram (supra). conclusions 35.protection of the rights under article 21 entails protection of liberty from any restriction thereupon in the absence of fair legal procedure. fair legal procedure includes the opportunity for the person filing an appeal to question the conclusions drawn by the trial court. the same can.....
Tag this Judgment! Ask ChatGPT.....113 of the act as the income of the block period, irrespective of the previous year or years to which such income relates and irrespective of the fact whether regular assessment for any one or more of the relevant assessment years is pending or not. (iii) section 158b(a) defines “block period”- “block period” means the period comprising previous years relevant to six assessment years preceding the previous year in which the search was conducted under section 132 or any requisition was made under section 132a and also includes the period up to the date of the commencement of such search or date of such requisition in the previous year in which the said search was conducted or requisition was made: provided that where the search is initiated or the requisition is made before the 1st day of june, 2001, the provisions of this clause shall have effect as if for the words “six assessment years,” the words “ten assessment years” had been substituted;” (iv) section 158b(b) defines “undisclosed income”: “undisclosed income” includes any money, bullion, jewellery or other valuable article or thing or any income based on any entry in the books of account or.....
Tag this Judgment! Ask ChatGPT.....would be entitled and (ii) the determination of mesne profits. in normal course, we would have ourselves decided the same; however, considering the fact that the appeal in relation to it is pending before the adjudicatory authority, being appeal no.8 of 2022, debt recovery appellate tribunal, mumbai, we refrain from doing so, enabling the said factfinding authority to do so, expeditiously and in accordance with the law.9. before us, it is argued that the appeal is perhaps barred with the efflux of time. we find this objection, in the attending facts and circumstances, to be untenable given the longstanding pending litigation inter se the parties to the lis. as such, the plea of limitation cannot be allowed to stand in the way of the determination of the applicant's right and entitlement of monetary claims on merits.10. hence, having considered the arguments put forth in the application as also the written submissions filed on behalf of 7 the respondent, we dispose of the instant application in the following terms: a) the parties shall appear before the appellate authority on 1st may 2023 and place on record a copy of the order; b) the appellate authority shall decide the.....
Tag this Judgment! Ask ChatGPT.....no.4865 of 2020.6. perusal of the impugned order dated 19.09.2022 passed by the gujarat high court reflects that the division bench noted the fact that the prayers in both the writ petitions were identical and, having perused the order dated 17.06.2021 passed in the earlier case dismissing it as withdrawn with nothing further, the division bench opined that the same was a withdrawal -5- simpliciter and not a withdrawal with leave to file a fresh petition either on the same cause of action or on a different cause of action.7. it appears that the division bench failed to take note of the prayer made by the appellants in i.a. no.2 of 2021, wherein they specifically sought liberty to file a case afresh if the need arose. the mere absence of the mention of such liberty in the dismissal order dated 17.06.2021 cannot be taken to be a refusal of such prayer by the high court upon application of mind. there is no indication to that effect in the order itself.8. we are, therefore, of the opinion that the high court ought not to have held against the appellants on technicalities when the withdrawal application filed by them indicated their clear intention to file a case afresh if the.....
Tag this Judgment! Ask ChatGPT.....five years. it was further submitted that the applicants have no relation to or knowledge of the activities of the petitioner. it was in the above facts that attachment of the above stated property was prayed to be vacated. i.a. no.10720 of 2018 9. the instant interlocutory application has been filed by one mrs manju awasty, for impleadment in the proceedings by special leave bearing number slp (crl) 10244 of 2015. she submits that her property at 5/1 vasant vihar, new delhi., rear portion thereof, a double storeyed structure of 2670 sq ft., has been attached by this court vide order dated 15.12.2017. she had received this property from her husband as a life estate and it now rests in her name at the municipal corporation of delhi.10. the applicant has no relation to the present case, and it is essential that attachment against the said property is 8 necessarily to be vacated in the interest of justice. further, prayer has been made to allow the impleadment, enabling her to file a detailed reply in respect of her property, which, it is submitted is crucial to the present case being adjudicated. i.a. no.58055/2021 11. this interlocutory application has been filed by one mrs.....
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