.....by him because of non deployment of the airbags. the state commission granted relief to the following effect: “19. keeping in view of the facts and circumstances of the present consumer complaint, we direct the opposite party to: a. compensate the complainant an amout of rs.2,00,000/ for medical expenses and loss of income. b. compensate the complainant an amount of rs.50,000/ for mental agony. c. pay to the complainant an amount of rs.50,000/ as cost of litigation.20. the aforesaid payment shall be made by opposite party within two months from the date of this order by way of demand draft. failure of opposite party in paying the said amount in stipulated period will attract an interest of 7% per annum from the date of default. furthermore, failure in replacing the vehicle of the appellant will also attract an interest of 7% per annum of the value of the vehicle from the date of default.4. the appellant preferred appeal before the national consumer dispute redressal commission (“national commission”). the 4 national commission dismissed the appeal sustaining the compensation awarded by the state commission. the order of the national commission, which was.....
Tag this Judgment! Ask ChatGPT.....and granted the same relief to 137 hindi teachers.4. the parties are referred herein as they are referred to in the original applications.5. the facts giving rise to the present appeals are as under:6. all the applicants joined the aided m.e. school as hindi teachers, in or around 198889. the applicantsulekh chandra pradhan (respondent no.1 herein) in the lead case before the tribunal, bhubaneswar bench, i.e., o.a. no.2266 of 2015, was appointed on 21st june, 1988 and joined on 23rd june, 1988, as hindi teacher at nrusingha jena m.e. school, naginipur in district kendrapada. the appointment of the said applicant was made by the managing committee of the said school. 37. on 12th may, 1992, the government of orissa, education department issued a resolution, thereby taking over all m.e. schools situated in the state of odisha with effect from 1st april, 1991. though the government took over all the teachers including nonteaching staff of the m.e. school as government servants, hindi teachers were not taken over as government servants and therefore, the services of the applicants were automatically terminated. aggrieved thereby, on 2nd july, 1993, sulekh chandra pradhan.....
Tag this Judgment! Ask ChatGPT.....single judge, while allowing the writ petition, had rightly held that all the attending circumstances including the evidence on record and the fact that a lesser punishment was inflicted upon the female constable rupasi barman, while the appellant’s 6 services were terminated, was grossly disproportionate and therefore the learned single judge had rightly remitted the matter back to the disciplinary authority to impose a lesser punishment which will enable the delinquent to retain his job. 3.3 it is submitted that the charges inflicted upon the appellant – delinquent as well as the female constable – rupasi barman were identical in nature and warranted similar punishments. it is submitted that the punishment of ‘removal from service’ awarded by the commandant in the same facts and circumstances of the instant case is disproportionate to the charges levelled against the appellant. it is submitted that the female constable – rupasi barman has been awarded punishment of forfeiture of two years’ seniority in the rank of constable and forfeiture of two years’ service for the purpose of promotion. she was also tried by the sfc for an offence under section 43 of.....
Tag this Judgment! Ask ChatGPT.....consisted of 11 members.4. the karnataka waqf rules, 2017 (for short ‘the rules, 2017’) came into force on 06.06.2017. under rule 100 of 2017 rules, the rules 1997 were repealed. c.r.p.no.234/2021 3 section 32(1) of the act, 1995 provides power for the general superintendence of respondent no.1 over waqf. as per section 32(2)(d) of the act, 1995 it shall be the function of board to settle schemes of the management for waqf. rule 48 of rules, 2017 mandates that within six months from the date of commencement of the said rules, scheme of management shall be framed by the waqf and that shall be approved by respondent no.1.5. rule 48 reads as follows: “48. scheme of management:- within six months from the date of commencement of these waqf rules, the auqaf save and expect auqaf having their deed of waqf (waqifnama) by the waqif shall frame the scheme of management as required under clause (d) of sub-section (2) of section 32 of the act in form 42 duly approved by the board, failing which the district waqf officer or any other officer authorized by the board shall take over management and supervision of the waqf institution and the district waqf officer shall take steps to.....
Tag this Judgment! Ask ChatGPT.....seeking reliefs as aforesaid.4. in support of his prayer petitioner advances the following contentions:5. • respondent no.1 has suppressed the fact in the sale notification (annexure-a) that borrower was not having title over the property as mentioned therein and in fact it was smt.naina j.patel, who was the owner of property as on the date sale notification was issued. • respondent no.1 was aware of the same in view of smt.naina j.patel filing a writ petition in w.p.no.122/2008 against respondent no.1 in this writ petition and others. • the liability of borrower to respondent no.1 was settled between them by means of one time settlement (ots) and borrower has paid the same and the account was closed. • respondent no.1 has admitted the same in the affidavit dated 26.03.2022. • respondent no.1 has not suffered any loss or damage on account of non deposit of balance amount by the petitioner and therefore, respondent no.1 was not entitled to forfeit the sum of rs.24,10,000/- deposited by the petitioner. 65. in support of above grounds the petitioner places reliance on the following decisions: (1) w.p.no.15546/2011 - dd0106.2015 [e.ali vs. syndicate bank and others]......
Tag this Judgment! Ask ChatGPT.....001.2. the commissioner of central tax (earlier known as the commissioner of central excise) bangalore-i commissionerate pb no.5400, queens road2bangalore-560 001. ... respondents (by mr. n. venkataraman, asgi a/w mr. jeevan j.neeralgi, aga for c/r1 & r2) - - - this writ appeal is filed u/s4of the karnataka high court act praying to set aside the common impugned judgment and order dated0401.2022 passed in w.p. no.52374/2019 passed by the learned single judge of this hon’ble court and consequently grant the reliefs sought for in the writ petition and grant such other reliefs. this writ appeal having been heard and reserved for judgment on0404.2022, coming on for pronouncement of judgment this day, alok aradhe j., delivered the following: judgment for the reasons assigned by us in the judgment passed today in wa no.119/2022, we do not find any ground to interfere with the order of the learned single judge. in the result, the instant appeal fails and is hereby dismissed. sd/- judge sd/- judge ss
Tag this Judgment! Ask ChatGPT.....it was observed and held by this court that the courts need to pass a reasoned order in every case which must contain the narration of the bare facts of the case of the parties to the lis, the issues arising in the case, the submissions urged by the parties, the legal principles applicable to the issues involved and the reasons in support of the findings on all the issues arising in the case and urged by the learned counsel for the parties in support of its conclusion. it was further observed in the said decision that an order bereft of reasoning causes prejudice to the parties because it deprives them to know the reasons as to why one party has won and other has lost. 2.4 in a recent decision in the case of union public service commission vs. bibhu prasad sarangi and ors., (2021) 4 scc516 while emphasising that reasons ought to be given by the high court while exercising powers 6 under article 226 of the constitution of india, it was observed and held by this court that the reasons constitute the soul of judicial decision and how judges communicate in their judgment is a defining characteristic of judicial process since quality of justice brings legitimacy to the judiciary......
Tag this Judgment! Ask ChatGPT.....applicants – workers/employees have preferred the present appeal.2. that the corporate debtor was a private sector ship building yard with its manufacturing activities at dahej yard and surat yard in gujarat and having its corporate office at mumbai. that prior to the initiation of cirp, the corporate debtor had 562 workmen and 93 employees at dahej; 291 workmen and 99 employees at surat and 101 employees at its mumbai head office. the appellants herein are the 272 employees and workmen employed at mumbai head office and dahej yard of the corporate debtor. none of the 201 employees and workmen at surat yard are the appellants herein.3. vide its order dated 1.8.2017, the adjudicating authority admitted an application under section 7 of the insolvency and bankruptcy code, 2016 (hereinafter referred to as the ‘ibc code’) and the cirp was initiated. the adjudicating authority also appointed the interim resolution professional of the corporate debtor who was thereafter 2 confirmed as the resolution professional (for short, ‘rp’) by the committee of creditors (for short, ‘coc’) of the corporate debtor on 7.9.2017. first meeting of the coc was held on 4.9.2017. 3.1 on.....
Tag this Judgment! Ask ChatGPT.....situation prevailing in the high court of delhi, the very purpose is frustrated. we are, therefore, of the considered view that in the peculiar facts and circumstances, both i.a. no.249 of 2009 and i.a. no.89454 of 2021 deserve to be allowed.15. shri rao, learned senior counsel appearing on behalf of the high court of delhi has fairly stated that the high court of delhi, on its own, has reserved two seats for the present judicial officersapplicants so that their claims are not defeated by passage of time or by delay in holding of the examination.16. in view of the submission made by shri rao, no orders are necessary to be passed in i.a. no.89450 of 2021, i.a. 14 no.44132 of 2022 in i.a. no.89450 of 2021 and i.a. no.88976 of 2021.17. in the result, i.a. no.89454 of 2021 filed by the judicial officersapplicants and i.a. no.249 of 2009 filed by the high court of delhi are allowed in the following terms: (i) paragraph 28 (1) (b) of the order dated 21st march 2002 passed by this court, is modified and substituted as under: “25% by promotion strictly on the basis of merit through ldce of civil judges having 7 years qualifying service [(5 years as civil judge (junior.....
Tag this Judgment! Ask ChatGPT.....place of incident and d.n.a profile obtained from the source blood sample (article “i”) of the accused firoz is identical, which confirms this fact that these hair strands are of the accused firoz.16. the last set of witnesses examined by the prosecution comprised of the police witnesses, panch witnesses and the tehsildar who had conducted the t.i. parade. pw-13 mohammad sultan was the assistant sub inspector at the police station, ghansaur. he alongwith the dsp r.n. parteti had found the hair strands and skins of bananas in the field and had sealed them as per the seizure memo (exhibit p-10) dated 20.04.2013. he had also stated that on 21.04.2013, he had received from the constable dilip, a sealed yellow envelope containing a frock and vaginal slides of the deceased in presence of the witnesses and had prepared the seizure memo (exhibit p-29). pw-15 head constable niyaz ahmad at police station ghansaur had registered the missing person report at sanha no.747 as stated by smt. ramkumari yadav on 17.04.2013 at 20:35.17. pw-30 s. ram maravi, the sub inspector, in-charge police station at police station kindrai, district seoni (m.p.) was part of the team constituted by the.....
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