.....provided under clause 32 of the agreement. therefore, the appellant herein – original applicant filed the application before the high court under section 11(6) of the act and requested to appoint a sole 2 arbitrator. though, the high court has observed that the respondent has failed to appoint an arbitrator despite raising the demand of appointing an arbitrator, the application was hence liable to succeed. however, thereafter instead of appointing the sole arbitrator in exercise of powers under section 11(6) of the act, the high court has directed to appoint an arbitrator in terms of clause 64(3)(b) of the gcc. feeling aggrieved and dissatisfied with the impugned judgment and order passed by the high court in not appointing the sole arbitrator and instead directing the parties to appoint the arbitrator as per the gcc, the original applicant before the high court has preferred the present appeal.3. shri ramesh singh, learned senior advocate appearing on behalf of the appellant herein has vehemently submitted that the high court has committed a serious error in not appointing the sole arbitrator in exercise of powers vested under section 11(6) of the act. 3.1 it is submitted.....
Tag this Judgment! Ask ChatGPT.....referred to as “the learned sessions judge”) in sessions trial no.207 of 1991 in respect of the appellants herein.2. shorn of details, the facts leading to the present appeals are as under:2. 1 on 22nd june, 1991, police station, harda received a written information (exhibit p10) at 4.25 p.m. from dr. kailash narayan singhal (p.w.10), to the effect that one ramesh son of ramgopal jat, aged about 38 years, resident of chhoti harda had been brought to the hospital in a serious condition. in the said written information (exhibit p10), it was stated that ramesh was attacked by a katta shot. on the basis of the said written information, 2 police station harda registered a first information report (“fir” for short) vide crime no.153 of 1991 for the offence punishable under section 307 of the indian penal code, 1860 (hereinafter referred to as “ipc”). on registration of the fir, shri m.k. shrivastava, city inspector, police station incharge (p.w.17) visited the spot of occurrence. dr. kailash narayan singhal (p.w.10) and dr. rajendra kumar patel (p.w.14) provided first aid to the injured ramesh and referred him to indore medical college for further treatment......
Tag this Judgment! Ask ChatGPT.....and smooth transit of the goods to be delivered to the buyer in the wholesale trade. there is no dispute to the - 8 - crl.p no.9401 of 2018 fact that on the wholesale package as well as on the retail package of the biscuits sold to the customer the necessary information as contemplated of the act and rules is reflected on the respective packages. it is the allegation in the complaint that secondary package in which the retail packages were packed do not contain the said information. secondary outer packing done for transporting cannot be brought within the definition of wholesale package. gunny bags are used for safety or transport can be set to be wholesale secondary package. thus, in the instance case the britania biscuits manufactured in multiple crores which are to be distributed for sale all over india is a product which is having short span of shelf life, this court cannot lose sight of the fact that in reality the biscuits if exposed to moisture, would definitely loose their crispness and same being a bakery product it would become brittle and tend to break during transportation, as a result of which it would render the product unsaleble. thus, individual retail.....
Tag this Judgment! Ask ChatGPT.....and not alike. he relied upon decisions of this court in the cases of m. jhangir bhatusha & ors. v. union of 23 india & ors.13, bharat surfactants (private) ltd. & anr. v. union of india & anr.14, p.m. ashwathanarayana setty & ors. v. state of karnataka & ors. 15 , sanghvi jeevraj ghewar chand & ors. v. secretary, madras chillies grains & kirana merchants workers union & anr.16 and bangalore water supply & sewerage board v. workmen of bangalore water supply & sewerage board & ors17.30. he also submitted that service tax is an indirect tax; therefore, the said tax can be passed on by the service provider to the service recipient. he pointed out that being a tax on service, it is not a direct tax on the service provider, but is a value added tax in the nature of consumption tax on the activity done by way of service. he relied on this court’s decision in the case of union of india & ors. v. bengal shrachi housing development ltd. and anr.18 and r.c. jall v. union of india19. he submitted that the classification test has to be applied with reference to service providers, namely haj committee and hgos/ptos, and not with reference to the 13 1989 suppl. (2) scc20114 1989.....
Tag this Judgment! Ask ChatGPT.....were made applicable from the date of the said order. the view taken in the case of k.k. misra (supra) has been affirmed by this court vide its order dated 7th october 1992.4. lastly, this court vide order dated 17th january 2007 passed in the case of state of u.p. and others v. prem prakash mishra and others2, held that the ministerial staff working in the police are also entitled to the same benefits that the police personnel are getting, i.e., one month extra 1 writ petition no.6700 of 1986 dated 23rd september 1991 2 civil appeal nos. 19261928 of 2004 2 pay in every financial year.5. in the present case, the writ petitioners before the high court were employees working in the ministerial cadre in the establishment/department of police, govt. of u.p. the single judge of the high court allowed the writ petition granting relief in terms of g.o. dated 7th december 1979. the state preferred special appeals before the division bench of the high court, which, vide impugned order held that the employees, who have performed their duties on second saturdays, sundays and gazetted holidays should also be entitled to such a benefit with effect from 7th december 1979.6. it is the.....
Tag this Judgment! Ask ChatGPT.....the trial court proceeded to frame charge against the accused persons for the offence of culpable homicide punishable under section 304 of the ipc. factual matrix3 it appears from the first information report (fir) bearing no.26/20 dated 22.03.2020 lodged by the appellant with the police station situated at dangiwacha that on the fateful day, the accused persons formed an unlawful assembly and laid an assault on the appellant and his family members after trespassing into the residential property of the appellant herein. it is the case of the prosecution that all the accused persons trespassed into the residential property of the appellant and started damaging the tin fence. when the appellant herein tried to restrain the accused persons from causing any further damage, they all started assaulting the appellant by giving fisticuffs. one of the accused 2 persons is said to have hit the appellant with a wooden log. the wife of the appellant herein and his daughterinlaw viz. rubeena ramzan came to the rescue of the appellant. the accused persons are alleged to have caught hold of the deceased (wife of the appellant herein) and the daughterinlaw and both were beaten up.....
Tag this Judgment! Ask ChatGPT.....the civil judge (jr.dn.), sirsi, u.kannada.2. for the sake of brevity, the parties are referred to as per their rank before the trial court.3. the facts leading to the case are as under: the subject matter of the suit is property bearing sy.no.34/b totally measuring 2 guntas 8 annas out of total extent measuring 8 guntas. the plaintiffs claim that their father has purchased mulgeni rights under registered document dated 15.12.1947. the plaintiffs have further contended that their father pursuant to purchase of mulgeni rights under registered mulgeni deed has constructed a house `` 7 in two portions and the same are let out to tenants as plaintiffs' father was residing at gadageri. the dispute started when defendant nos.1 and 2 started asserting right over sy.no.34 on the ground that the erstwhile owner has entered into compromise and defendants have acquired mulgeni rights in terms of compromise decree recorded in ex.p.no.85/1947 and therefore, the plaintiffs were constrained to file the present suit for declaration and injunction against the defendants.4. the defendants, on receipt of summons, stoutly denied the entire averments made in the plaint and claimed that the father.....
Tag this Judgment! Ask ChatGPT.....in s.c.no.81/2013 consists of the evidence of pws.1 to 18 and ex.p1 to 17 inclusive of mos.1 to 7 and photographs of the deceased at ex.d1.3. the factual matrix of the appeal is as under: it transpires from the case of the prosecution that appellant who is arraigned as accused was having an illicit relationship with the deceased – kuppamma who was deserted from her husband murugesh, since many years. accused is alleged to have pledged gold jewellery belonging to the deceased and when the deceased asked him to get it released, some tussle took place in between 4 the accused and deceased. however, since the deceased was pestering him to get it released at the earliest, accused decided to eliminate her. as a result, he doused kerosene over her person and set her ablaze. due to that she sustained burn injuries and was taken to hospital for treatment but did not survive. consequently, she died on 31.12.2012 at around 2.20 a.m. in the night hours. based upon her statement at ex.p13, criminal law was set into motion by registering fir at ex.p23 for the offences punishable under section 302 of ipc. the incident took place on 27.12.2012 at around 10.00 p.m. in the house of the.....
Tag this Judgment! Ask ChatGPT.....offences punishable under section 13(1)(b) read with 13(2) of the prevention of corruption act, 1988 (‘the act’ for short).2. succinctly stated, facts germane for a decision are as follows: the petitioner is a public servant working as an executive engineer in the karnataka power transmission corporation limited. this case brings out a strange - 3 - wp no.7911 of 2022 circumstance where the petitioner is hauled into the impugned proceedings. a little background for such hauling of the petitioner into the web of the provisions of the act is that, a crime in crime no.23 of 2022 was registered against one sri j.jnanendra kumar, additional commissioner for transport by the respondent/anti- corruption bureau. the crime against one sri j.jnanendra kumar was registered on 15-03-2022 on an allegation that he possessed disproportionate assets to the known source of income. in connection with the case registered against one sri j.jnanendra kumar the house of one sri munavar pasha was searched on 16.03.2022, the next day of registration of crime against sri j.jnanendra kumar in crime no.23 of 2022. during the search two travel bags and one carton box were found which were said to be.....
Tag this Judgment! Ask ChatGPT.....the relevant extracts of the high court’s decision read as follows: “3. learned counsel for both the sides do not 2 “1996 act” 2 dispute the fact that clause 15 of the contract agreement provides for “settlement of dispute/arbitration” in case there is any dispute or difference between the parties.4. mr. r sharma, learned counsel for the opposite party has taken different contentions on merit. he has also brought to the notice of this court clause 19 of the letter dated 14.12.2011 (annexure-3), which reads as under: “19. that matters relating to any dispute or difference arising out of the tender, work order and subsequent contract agreement entered into, based on this tender and work order shall be subject to the jurisdiction of district court, angul only.5. however, in view of the decisions of the hon’ble supreme court in the case of mayavati trading private limited vs. pradyuat deb burman, reported in (2019) 8 scc714 the court has to look into the arbitration clause. in that view of the matter, the matter is required to be referred to the arbitrator.6. mr k k venugopal, learned attorney general for india, appears on behalf of the appellants, while mr s niranjan.....
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