.....in the nature of mandamus commanding the respondents to reinstate the petitioner in services with all consequential benefits. 2 2. sans details, the facts as emanated from the averments of the writ application in short, is that initially the petitioner was appointed as a constable in dhanbad and joined his duty on 24.04.2005 and continued till 2009. the petitioner was transferred to ranchi on deputation in s.t.f. where he continued till december, 2010. during his posting in the district of dhanbad, allegation was levelled against the petitioner for absence of duty from 22.07.2008 to 30.07.2008 and charges were framed thereafter, the petitioner was proceeded departmentally and the enquiry officer found the petitioner guilty of the charges. on the findings of the inquiry officer, the superintendent of police, dhanbad issued a show cause notice on the proposed order of punishment of dismissal from the services. in response thereto, the petitioner submitted his reply denying the charges. without considering the show cause reply in proper prospective, the disciplinary authority passed the order of dismissal vide order dated 26.07.2010 vide annexure-4 to the writ application. against.....
Tag this Judgment! Ask ChatGPT.....shall not be entitled for any salary for suspension period except subsistence allowance, has been inflicted upon the petitioner.2. sans details, the facts as disclosed in the writ petition, in brief, is that the petitioner was appointed as an assistant teacher, middle school, mirganj on 23.05.1987. thereafter, the petitioner continued to discharge his duties to the utmost satisfaction of the authorities concerned and till 2010 no departmental proceeding was initiated against the petitioner. but due to some family dispute and inimical terms with some people, few criminal cases were lodged against him, which were mainly related with sale of lands, for which, the petitioner 2 was taken into custody and as such he was put under suspension by office order dated 12.03.2007, but, later on, on his release on bail, his suspension was revoked vide order dated 17.12.2007. subsequently, for two more cases, the petitioner was taken into custody and again he was put under suspension vide office order dated 30.03.2009, but, again on his release on bail, his suspension was revoked vide office order dated 08.06.2009. thereafter, the petitioner started to discharge his duties as in-charge.....
Tag this Judgment! Ask ChatGPT.....by the nodal officer of the service provider and also to examine witness bhushan kumar and the witnesses in support of the documents, was rejected. facts in brief are that an f.i.r. no.122/2013 was registered against the accused respondents facing trial in this case on 21.8.2013 for the offences under sections 342, 376(2) (f), 376d, 354a, 370(4), 506, 509/34, 109 and 120-b i.p.c., sections 23 and 26 of the juvenile justice act and section 5(f) (g)/6, 7/8 and 17 of the pocso act. after initial investigation, an incomplete charge-sheet was filed against the accused on 6.11.2013 keeping the investigation pending under section 173(8) cr.p.c. the trial court took cognizance of the offences against the accused on 27.11.2013. charges were framed on 7.2.2014 and read over to the accused on 13.2.2014 who denied the same and claimed trial. the prosecution evidence commenced on 19.3.2014. a total of 43 witnesses were examined by the prosecution including the investigating officer smt.chanchal mishra. the statement of the last prosecution witness smt. chanchal mishra was started on 9.7.2015 and her examination-in-chief was completed on 3 22.7.2015. presently, her cross examination is.....
Tag this Judgment! Ask ChatGPT.....for direction to the respondents to reinstate the petitioner in services along with all consequential benefits.2. bereft of unnecessary details, the facts as averred in the writ application, in a nutshell, is that initially the petitioner was appointed in the year 1987 as constable and after enactment of bihar reorganization act, 2000 the petitioner was posted within the territorial jurisdiction of state of 2 jharkhand and his services was allocated in the state of jharkhand. the petitioner continued to discharge his duties to the satisfaction of authorities and has been awarded 50 prizes in the past. the petitioner was posted under respondent no.4 in confidential section and thereafter, the petitioner was deputed to the office of respondent no.5 since june 2009 and prior to deputation of the petitioner under respondent no.5, was allotted residential quarters at dhanbad and thus, the house rent allowance was neither allowed nor computed in his salary prior to his deputation under respondent no.5. the respondent no.7 wrote a letter to the respondent no.4 stating inter alia that the petitioner entered house rent allowance in his muster roll for the month of january 2010 and.....
Tag this Judgment! Ask ChatGPT.....on the cheques (ex.pw7/a and ex.pw7/b) coupled with recovery of cash rs.8.65 lakh from the bag seized at the spot, there can be no doubt as to the fact that the deceased had withdrawn the money, as stated by pw7 and pw15, and was carrying it with him, when he was shot dead at the date, time and place mentioned above. 7. the fact that santosh kumar (the deceased) died a homicidal death, as stated in the charge, has been proved by the prosecution through unimpeachable evidence. prakhaya singh (pw13), a journalist, resident of sector-11, noida, u.p., with a companion (camera person) was on her way in the area in question, at the time of incident and had reached near mayur vihar bus stop, when she saw one person lying in injured condition and a gathering of public persons, most of whom were beating another individual on the other side of the road. she learnt from the public persons that a firing incident had taken place. she informed the police on phone number 100. she had also seen a bag lying at the spot, which was seized by the police. though the evidence of pw13 does not give the description or identity of the persons involved in the incident seen by her, the record of police.....
Tag this Judgment! Ask ChatGPT.....all encumbrances with a clear marketable title. direct asc to maintain status quo till the disposal of the instant application. ? 7. the necessary facts, to be noticed for disposal of the present petition, are that bifr sanctioned a scheme for revival of respondent no.1 and appointed respondent no.2 as the monitoring agency. pursuant to an advertisement dated 22.2.2010 published by assets sale committee (hereinafter referred to as the asc ?) in the business line newspaper, bids were invited for sale of the property having an area of 1,26,540 sq. ft. bearing survey no.195/1 and 195/2, situated in mahadevapura village, krishnarajpuram hobli, bangalore, south taluk, bangalore (hereinafter referred to as the subject property ?). the petitioner participated in the said bid and on 8.3.2010 submitted a bid for rs.20,24,67,000/- for the purchase of the aforesaid property. rs.30,000,00/- was paid by the petitioner as earnest money deposited (herein after referred to as emd ?). this amount was subsequently increased to rs.25,20,00,777/-. 8. according to the petitioner, the emd was furnished by the petitioner with a specific understanding that the documents required for conducting due.....
Tag this Judgment! Ask ChatGPT.....objections not so taken, shall be deemed to have been waived. the objection of jon-joinder of a necessary party was required to be taken by the manufacturers ltd., who was the only defendant in that case. the fact that it did not take this objection would have the effect of waiver of this right. in any case, this does not affect the rights of the defendant in the present suit. it may be stated that the provisions contained in o.2, r.2, civil p.c. are not at all attracted because the present suit is not in respect of the same cause of action. the earlier suit was based on the mortgage created in favour of the plaintiff by the principal debtor manufacturers ltd.,. the claim in this suit is based on the deed of guarantee, which is entirely a different cause of action. the fact that the consideration was the same is of no consequence. an independent separate suit agianst the surety was competent. ? ii) air 1993(sc) 1587 (laxmisankar harishnkar bhatt v. yashram vasta (dead) by l.rs.) 13. a careful reading of above clearly discloses that there is no clear averment as to who are the co-owners and what exactly is the nature of right claimed by them. a vague statement of this character,.....
Tag this Judgment! Ask ChatGPT.....to take into account the provisions of section 20(c) of the code of civil procedure, 1908 (in short the cpc), which were, clearly applicable in the facts of the present case. 6.1 it was the learned counsel's submission that having regard to the facts obtaining and pleaded in the plaint, it could not have been held that no cause of action arose within the territorial jurisdiction of the trial court. the facts, to which, my attention was drawn by mr bhalla, were: the date and place of execution of the loan agreement along with the security documents. the statement of account of the concerned branch of the bank (i.e. the videocon tower branch, located at jhandenwalan extension, new delhi), which was, according to him, demonstrative of the fact that the emis which were paid, and those, in respect of which there were defaults “ were payable at the said branch. 6.2 furthermore, mr bhalla, drew my attention to paragraph 12 of the, plaint where an assertion has been made to the effect that the agreement, [which in this case would include the loan agreement, and the attendant documents (i.e. the security documents)] was arrived at the appellant's office located at 2nd floor,.....
Tag this Judgment! Ask ChatGPT.....before passing the order of assessment. therefore, there is no question of violation of principles of natural justice. when that being the factual position, filing this kind of writ petition, challenging the order of assessment is not maintainable, as the petitioner has to approach the appellate authority by filing a statutory appeal. it is well settled that in fiscal matters resorting to file writ petitions before the high court without exhausting the statutory remedy of appeal before the appellate authority cannot be entertained or permitted. in this connection, the following decisions can be usefully referred to: 1) (2010)4 scc 772 (rajkumar shivhare vs. assistant director, directorate of enforcement and another). 2) (2005)2 mlj 246 db (m/s.nivaram pharma private limited rep. by its director sardarmal m.chordia, madras vs. the customs, excise and gold (control) appellate tribunal, south regional bench, madras and others. 3) (2010)8 scc 110 (united bank of india vs. satyawati tondon and others. 4) 2010(259) elt 37 (mad) db (maritime collector vs. madura coats limited) 5) (2010)4 scc 554 (rajeev kumar and another vs. hemraj singh chauhan and others) 3. the very same.....
Tag this Judgment! Ask ChatGPT.....there was no arbitration agreement between the parties. 18. the parties had thus admittedly contracted for arbitration. 19. once that is so, the fact that the supreme court in oil and natural gas corporation ltd. vs. collector of central excise supra disapproved of the government departments or the public sector enterprises litigating with each other in courts and suggested a mechanism for settlement of such disputes including by arbitration, would not be relevant inasmuch as the appellant was / is bound by its agreement of arbitration. 20. in our view, it also matters not that the respondent no.3 arbitrator considered that her appointment constitution as a sole arbitrator was owed to oil and natural gas corporation ltd. vs. collector of central excise supra and not to the contract between the parties. the same would be totally irrelevant. 21. significantly, it is not the case of the appellant that the constitution of the arbitral tribunal is not in accordance with the contract. 22. though the counsel for the appellant has not argued, we may record that the question, whether the provisions of the arbitration act are applicable to the arbitration aforesaid, is not relevant at.....
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