.....the leave case could not be finalized. it was submitted that even if copy of inquiry report was not supplied to the petitioner, the same ipso facto cannot vitiate the order passed by the disciplinary authority and as the petitioner has failed to indicate any prejudice, the said aspect is of no consequence. it was also contended that the appellate authority has given opportunity of hearing to the petitioner and, therefore, the absence of inquiry report is of no consequence. regarding the issue about disciplinary authority and the appellate authority being the same, it was submitted that by the resolution of the board of management, the appeal of orders imposing the major penalty lies to the vice chancellor only and, therefore, the appeal was heard by the vice chancellor, though the order was passed by the vice chancellor as the disciplinary authority, who under the rules has such power. it was submitted that as the petitioner is guilty of willful absence and has failed to make out any case, the writ petition deserves to be dismissed. reliance was placed on state of rajasthan v. dr. mahaveer chand : 1998(1) wlc(raj.) 656 and haryana financial corporation and anr. v. kailash.....
Tag this Judgment! Ask ChatGPT.....court. there is no exclusion of jurisdiction of regular civil court for instituting a suit by any person with regard to the property of the devaswam. in fact, this distinction has been taken notice of the learned judge in vasudevan namboodiri's case (supra). after referring to the provisions in the act relating to institution of suits the learned judge has observed, the only exception is where a title to the property has to be established by any person aggrieved by an order passed under the act by the institution of a suit which is not barred under section 28(5) of the act wherein the term 'the court' is conspicuously absent . 6. the guruvayur devaswam act does not contain any provision barring institution of suits by any person in respect of the property of the devaswam in the court in which they are to be instituted under the civil courts act read with section 15 of the code of civil procedure. the learned munsiff went wrong in holding that munsiff court has no jurisdiction to entertain the suit. in the result, this original petition is allowed, and the impugned order is set aside. the learned munsiff is directed to take back the suit to the file of his court.
Tag this Judgment! Ask ChatGPT.....it is this award, which is called in question in this appeal. the award amount stands already deposited with the registry of the court. 2. brief facts of the case, as projected in the claim petition, are that one akmat din kholi, age about 30 years, was employed/engaged as labourer by the appellants, who, in the course of his employment, sustained injuries on 02nd august, 2011 and subsequently succumbed to his injuries. at paragraph (2) of the claim petition, it is pleaded that the deceased was employed by the appellants and was working with them for three years prior to the date of filing of the claim petition. at paragraph (4) of the claim petition, it has been pleaded that the monthly wages of the deceased were rs. 8000/- and he was over 15 years of age. in the claim petition, prayer was made that the appellants be directed to pay compensation along with interest and penalty from the date, which fell due till its final realization. 3. the appellants filed reply to the claim petition, wherein it was stated that the deceased was about 33 years of age and was engaged on daily wage basis. it was also pleaded that the deceased was working through a mate, namely bashir ahmad......
Tag this Judgment! Ask ChatGPT.....which confirms exts.p4 and p5 orders by the primary authority and the appellate authority respectively confiscating the petitioner's vehicle. 2. the facts, in brief, are that the excise inspector along with his men intercepted the petitioner's vehicle on 18.04.2012 and found indian made foreign liquor in excess quantity, though purchased from an authorised retail outlet. at the time of inspection, the inspector found two persons in the vehicle, one being the driver. 3. as is evident from the record and the submissions made by the respective learned counsel for the petitioner and the respondents, it can be gathered that the crime registered pursuant to the interception was eventually compounded on the accused s paying rs. 5000/- as fine. 4. initially, after the seizure of the vehicle, the primary authority passed ext.p4 order of confiscation under section 67b of the abkari act ('the act' for brevity). aggrieved, when the petitioner filed a statutory appeal, it was dismissed by the appellate authority through ext.p5 order. 5. eventually, further aggrieved, the petitioner filed ext.p6 revision, which was also dismissed by the revisional authority through ext.p8 order. under those.....
Tag this Judgment! Ask ChatGPT.....reckoning rs.12,500/- per month as the notional income is also considering the future prospects, which does not require any interference. but the fact remains that only '12' has been adopted by the tribunal as the multiplier, which on the basis of the age of the deceased (23 years) should have been '18'. we adopt '18' as the appropriate multiplier. similarly, the claimants are the parents and the siblings of the deceased, who was a bachelor. under such circumstances, only 50% could have been reckoned as the contribution to the family. on reworking the figures towards loss of dependency in the above circumstance, it comes to 12,500 x 12 x 50/100 x 18 x 75/100 (reckoning the contributory negligence) = rs.10,12,500/-. after giving credit to the sum of rs.6,00,000/- awarded by the tribunal under this head, the balance comes to rs.4,12,500/-. 9. it is seen that only a sum of rs.3,000/- has been awarded by the tribunal towards funeral expenses and a sum of rs.15,000/- towards the loss of love and affection. the accident was in the year 2007 as mentioned already. under similar circumstances involving an accident occurred in the year 2007, the apex court has made it clear that the.....
Tag this Judgment! Ask ChatGPT.....evidence is not definite and consistent, and that on this ground of misappropriation the accused is liable to be convicted. 5. before going to the factual aspects of the alleged misappropriation and forgery of vouchers, let me see whether the other legal aspects are satisfied in this case. ext.p14 is the prosecution sanction proved by pw19. on an examination of the evidence given by pw19 i find that his evidence on material aspects is not effectively challenged in cross examination. pw19 was the joint director of panchayat (administration) in charge of the director of panchayats. as the director of panchayat (in charge) he granted ext.p14 sanction to prosecute the accused in this case under section 19 of the p.c act. his evidence shows that he granted sanction on an independent application of his mind and also on a consideration of all the relevant aspects and materials. i find nothing to suspect his evidence, and i find that ext.p14 sanction was properly granted by pw19 as required under the law. the sanction stands properly proved in this case by pw19. 6. now let me come to the other very important legal aspect as to whether the fir in this case is proved. what is alleged by.....
Tag this Judgment! Ask ChatGPT.....of any finding, sentence or order, recorded or passed by that court. the error, occurred from any misconception of law or misconception of any fact or misreading of any evidence is also a relevant ground for interference. this power conferred by the statute is a discretionary one and can be exercised only in rare occasion when it feels that there is miscarriage of justice. 4. according to section 321 of the code, the public prosecutor or the asst. public prosecutor in charge of a case may withdraw from the prosecution of any proceedings with the consent of the court at any time before the judgment is pronounced. the withdrawal from the prosecution is a stepping back from the prosecution or refrain from conducting further prosecution. when court is consent to withdraw from the prosecution, the accused person shall be discharged or acquitted u/s.321(a) and (b). if withdrawal is made before a charge has been framed, the accused shall be discharged in respect of such offence or offences. if it is made after charge has been made or when under this code no charge is required, he shall be acquitted in respect of such offence or offences. 5. the present grievance of the revision.....
Tag this Judgment! Ask ChatGPT.....in the following manner, namely:- best before ..months and year .. or best before ..months from packing or best before ..months from manufacture or best before upto month and year . or best before within .months from the date of packaging/manufacture (note: blank be filled up) 9. in this case, the label contained the following particulars: label:- martino bakery product banana chips batch no.21,mfg.date12.5.03 assurance 30 days, net wt.250 gms. price rs.20/- vegetarian symbol observed. ingredients:- banana and salt, fried in sunflower oil. k.s.r.t.c. bus station, thampanoor, thiruvananthapuram. 10. it is alleged that the label did not contain best before date and hence the food item was misbranded, as it contravened r.32(i) of the prevention of food adulteration rules. since the item involved in this case was having a short shelf life of less than three months, it was necessary to mention only the date of manufacture on the label. therefore, the only violation alleged by the public analyst was that instead of showing best before date on the label, the food item in this case had the label assurance 30 days . 11. i may now consider as to whether by writing the words.....
Tag this Judgment! Ask ChatGPT.....above. therefore, there 5 is no need to again delve upon the said point.4. for easy understanding and to avoid confusion and also repetition of facts, we would like to refer the parties as per their ranks before the trial court.5. before adverting to deal with the merits of the case, we feel it is just and proper to have the brief facts of the case which are as under:5. 1 accused no.1 smt. bharathi urs, is no other than the daughter of former chief minister of karnataka late sri devaraaj urs. accused nos.2 & 3 are said to be the conspirators with accused no.1. deceased chitralekha is the daughter of late sri chandrakanta raj urs former judge of high court of karnataka. a1 and deceased were said to be the close relatives and friends to each other. 5.2 it is the case of the prosecution that a1 had indebted lot of money to the deceased and other persons who are arrayed as witnesses pws.7, 8 and 10. the deceased had also acted as a facilitator between a1 on 6 the one side and pws.7, 8 and 10 on the other side to facilitate accused no.1 to avail loan from them. it is alleged that in all, a1 had taken hand loan to the tune of rs.65 lakhs from the deceased chitralekha and others......
Tag this Judgment! Ask ChatGPT.....expression “public interest” or “probity in governance” cannot be put in a straitjacket. “public interest” takes into its fold several factors. there cannot be any hard-and-fast rule to determine what is public interest. the circumstances in each case would determine whether government action was taken in public interest or was taken to uphold probity in governance.36. the role model of governance and decision taken thereof should manifest equity, fair play and justice. the cardinal principle of governance in a civilized society based on rule of law not only has to base a transparency but must create an impression that the decision making was motivated on the consideration of probity. the government has to rise above the nexus of vested interests and nepotism and eschew window dressing. the act of governance has to be withstand the test of judiciousness and impartiality 15 and avoid arbitrary or capricious actions. therefore, the principles of governance has to be tested on the touchstone of justice, equity and fair play and if the decision is not based on justice, equity and fair play and has taken into consideration other matters, though on the face of it, the.....
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