.....its stand. as the said respondent failed to appear before the concerned committee on the date fixed, the matter was decided ex parte.3. as the factual score would depict, the trust being aggrieved by the issuance of an invalid certificate by the state of kerala and disapproval of its scheme for establishment of a new medical college from the academic year 2016-17 approached the high court of kerala at ernakulam in writ petition (c) no.35705 of 2015. the learned single judge vide order dated 25.11.2015 issued the following directions:- “in the light of ext.p1 renewal application and the renewed essentiality certificate, this court is of the view that petitioner’s application for establishment of new medical college shall not be rejected on account of any deficiency existed in the renewed certificate. in the meanwhile, there shall be a direction to the third respondent to pass appropriate orders on ext.p6 within ten days. post after two weeks.” 4. thereafter the learned single judge took note of the fresh essentiality certificate and the following directions were issued as per the order dated 16.12.2015:- “the petitioner is an educational agency. they applied for.....
Tag this Judgment! Ask ChatGPT.....appellant(s) versus babulalshukla & ors. respondent(s) judgment kurian, j.1. leave granted.2. in the nature of the order we propose to pass, it is not necessary to go into the various factual aspects. the limited grievance of the appellant is that though the high court initially had taken a view, while issuing notice, that the appellant will be heard at the time of disposal of the civil revision petition, but finally, by the impugned order, its application for intervention was rejected.3. having heard the learned counsel on both the sides, we are of the view that in the interest of justice, the intervention application of the appellant should be allowed and the appellant should also be permitted to participate in the proceedings. ordered accordingly.4. the appellant shall also be permitted to participate in the civil revision petition no.414 of 2004 pending before the high court. we request the high court to expedite the disposal of the petition.5. in view of the above, the appeal is disposed of with no order as to costs. .......................j.[ kurian joseph ]. .......................j.[ r. banumathi ]. new delhi; april 18, 2016.
Tag this Judgment! Ask ChatGPT.....and sentenced to undergo rigorous imprisonment for life for both the offences and the sentences so passed were directed to run concurrently.2. the fact, in brief, is that on 30th june, 1993, the deceased- gardi bankira along with his wife-bisangi devi and grand son-motai bodra were indulged in repairing country tile roof of their house, situated at bhutnasa. in the meantime, the appellant along with his associates nayki bankira, motka bankira and rupol bankira, armed with bowes and arrows, tangi and sword, came to the place and compelled gardi bankira (deceased) to come down from the roof. 2 apprehending danger, grandson-motai bodra (p.w.4) fled away from the place and the informed motai bankira (son of the deceased) about the occurrence. the wife of the deceased also escaped from the place. on the following day, dead body of gardi bankira was found lying on bhutnasa-burudih kacha road. it was heavily raining on that day and, thereafter, matter was reported to police on 1st july, 1993. on the basis of fardbeyan of motai bankira, son of the deceased, sonua p.s. case no.34 of 1993 under sections 302/34 of the indian penal code against the appellant and his associates was.....
Tag this Judgment! Ask ChatGPT.....a body corporate or even firm, prosecution proceedings can be initiated against such drawer. in this context the phrase “as well as” used in sub-section (1) of section 141 of the act has some importance. the said phrase would embroil the persons mentioned in the first category within the tentacles of the offence on a par with the offending company. similarly the words “shall also” in sub-section (2) are capable of bringing the third category persons additionally within the dragnet of the offence on an equal par. the effect of reading section 141 is that when the company is the drawer of the cheque such company is the principal offender under section 138 of the act and the remaining persons are made offenders by virtue of the legal fiction created by the legislature as per the section. hence the actual offence should have been committed by the company, and then alone the other two categories of persons can also become liable for the offence”.9. in the case of aneeta hada vs. m/s godfather travels & tours pvt. ltd, reported in (2012) 5 scc661 it was held that the decision in the case of anil hada (supra), was not the correct law so far its status that the director or any.....
Tag this Judgment! Ask ChatGPT.....prayer for expunction of the adverse observations made by the high court against the petitioner, they are free not to respond to the notice as well. post on 18.04.2016.”3. it is seen that the notice has already been served on respondents but there is no appearance on their behalf.4. having heard the learned senior counsel appearing for the appellant, we are of the view that the adverse observations made against the appellant are wholly unwarranted. may be the judge passed a wrong order; but that does not mean that even wrong order should be visited with such adverse remarks. all adverse remarks/observations against the appellant contained in the impugned order are hence expunged.4. the appeal is allowed. ...............j.[kurian joseph]. ...............j.[r. banumathi]. new delhi; april18 2016
Tag this Judgment! Ask ChatGPT.....authority-respondent no. 4 dated 25.07.2002 pertaining to dismissal of the petitioner from services.2. bereft of unnecessary details, the facts as delineated in the writ application, is that the petitioner initially joined on the post of constable in bihar police in the year 1988 and on transfer in the year 1998, the petitioner joined the rail police at jamshedpur. while continuing as such on 15.05.1999, the petitioner requested respondent no. 4 to hold an inquiry and take appropriate steps due to misbehavior with his brother-in-law by asi-kunni sah. the said complaint was duly received in the office of respondent no. 4, who directed the deputy superintendent of police to take necessary action and to submit a report. but, without taking any 2 step upon the complaint petition of the petitioner, he was served with a charge-sheet alleging that he along with constable md. umar khan were abusing unnecessarily and when asi kunni sah was trying to pacify the matter, they misbehaved with kunni sah and threatened him. thereafter, the petitioner was put under suspension and departmental enquiry was initiated, which culminated in his dismissal from services. being aggrieved, the.....
Tag this Judgment! Ask ChatGPT.....pertaining to award of penalty of compulsory retirement and for reinstatement in services with all consequential benefits.2. sans details, the facts as disclosed in the writ application is that the petitioner was initially joined in services in the year 1971 as constable and by virtue of his merit and sincerity, he was promoted to the post of assistant commandant in the year 2005. the petitioner while posted as assistant commandant as the head of the unit in lilabari airport, north lakhimpur in the state of 2 assam, a complaint was lodged by one lady constable, namely, sarita das alleging molestation committed by the petitioner upon her. after receipt of said complaint, an explanation was called for from the petitioner, to which, petitioner replied denying the allegation levelled against him. it has been submitted that thereafter, the disciplinary authority decided to initiate departmental proceeding against the petitioner. it has been submitted that the petitioner was asked to appear before the enquiry committee without serving memo of charge but with demur the petitioner appeared before the enquiry committee, where imputation of charge was read out, to which, the.....
Tag this Judgment! Ask ChatGPT.....why a similar treatment, as in annexure p6, be not granted to the appellants as well.4. the learned counsel appearing for the respondents rightly submits that there cannot be a uniform standard because the factual position may vary from case to case and that has a bearing on the percentage of the forfeiture. it is also pointed out that the entire exercise is carried out only as per the provisions under the statute.5. we have no quarrel with the submissions. however, having regard to the peculiar facts and circumstances of these cases, we are of the view that the interest of justice would be met if a direction is issued to have a similar treatment, as in annexure p6, to the appellants herein as well. ordered accordingly.6. the appeals are, accordingly, allowed with a direction that the percentage of forfeiture in the case of the appellants herein shall be reduced to 2%.7. we make it clear that the above order is in the peculiar facts and circumstances of these cases and may not be treated as a precedent. no costs. .......................j.[ kurian joseph ]. .......................j.[ r. banumathi ]. new delhi; april 18, 2016.
Tag this Judgment! Ask ChatGPT.....2 in cr.m.p. no. 708 of 2008 had solemnized second marriage with the petitioner no.1. it has, therefore, been submitted that considering the entire facts of the case, the criminal proceeding against the petitioners deserves to be quashed and set aside.7. from perusal of the complaint petition, it is apparent that though the parental house of the complainant is situated in the district of dhanbad but the entire incident as alleged had taken place in the district of purulia. the complainant in course of her -3- examination on s.a. had categorically stated on a court question that the petitioner no. 2 in cr.m.p. no. 708 of 2008 had solemnized marriage with the petitioner no. 1 ten years prior to the institution of the case and the incidents are said to have taken place in the state of west bengal. although a passing reference has been made about the assault committed upon the complainant by the husband for taking ‘bidai’ of the complainant but nothing has been stated that there was any allegation of demand of dowry, which was made at dhanbad or that the assault was made on account of such non fulfillment of demand of dowry. it thus appears that allegations of demand of hero.....
Tag this Judgment! Ask ChatGPT.....(4) scc609 it was held as follows:-"8. sine qua non for taking cognizance of the offence is the application of mind by the magistrate and his satisfaction that the allegations, if proved, would constitute an offence. it is, therefore, imperative that on a complaint or on a police report, the magistrate is bound to consider the question as to whether the same discloses commission of an offence and is required to form such an opinion in this respect. when he does so and decides to issue process, he shall be said to have taken cognizance. at the stage of taking cognizance, the only consideration before the court remains to consider judiciously whether the material on which the prosecution proposes to prosecute the accused brings out a prima facie case or not.50. person who has not joined as accused in the charge-sheet can be summoned at the stage of taking cognizance under section 190 of the code. there is no question of applicability of section 319 of the code at this stage (see swil ltd. v. state of delhi). it is also trite that even if a person is not named as an accused by the police in the final report submitted, the court would be justified in taking cognizance of the.....
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