.....call for eradication of the cancer of corruption. but, it has assumed the character of a hydra-headed monster. 7. we cannot be oblivious of the fact that the criminal trial takes its own time. not only that, then there is an appeal that is provided. should the departmental enquiry be kept in abeyance even in the cases relating to bribery? we think, staying departmental enquiry would be destructive of the movement for eradication of corruption. further, we cannot allow the process of court to be abused in such a fashion when the respondent did not show any possible prejudice and except making a bald statement that he would be prejudiced, there is no material before the court. at any rate, as submitted by the respondent in his affidavit-in-reply dated 10.08.2015, complainant-amol was examined on 28.07.2014 and was also been cross-examined. it appears that the case is again fixed for evidence, which means that the trial is likely to take much time since the complainant himself was examined and cross-examined one year and two months before. we, therefore, do not believe, as contended by mr. saboo, that the trial is likely to be completed. even otherwise, we do not think that.....
Tag this Judgment! Ask ChatGPT.....dated 10.10.2011 passed by the additional sessions judge-3, beed in sessions case no.40/2011, both these criminal appeals are being heard together. facts of the prosecution case, in brief, are as under: 2. one uttam rambhau ovhal [hereinafter referred as â˜the complainantâ™] lodged the complaint with city police station, beed, stating therein that, he is the resident of barshi naka, beed. in his house, there are his parents, one brother namely gautam and three sisters and all of them reside together. he is employed in daily â˜dainik marathwada sathiâ™, since last 7 years prior to the date of incident, he is working as a recovery agent. the complainant is doing the work of collecting money for the aforesaid daily news paper since then and gets rs.1500/- per month as his salary. 3. the complainant has alleged that, on 07.03.2008, he had collected rs.2000/- from balasaheb chavan, resident of shahunagar, beed towards advertisement charges and rs.1000/- from manik baburao waghmare. thereafter, at about 8.30 p.m. the complainant, after collecting aforesaid amount, proceeded to his office namely â˜dainik marathwada sathiâ™ so as to deposit the.....
Tag this Judgment! Ask ChatGPT.....to whether, the petitioner has made out a prima facie and whether, balance of convenience lies in his favour. the trial court has lost sight of the fact that if the decreetal amount is withdrawn by the respondent, the petitioner would not be able to recover the said amount despite succeeding in the suit. 10. reliance is placed upon the judgments of this court in the matter of iridium india telecom limited v/s motorola inc, 2004 (supp.2) b.c.r. 808 and in bandekar brothers pvt. ltd. v/s v.g.quenim, 2001(4) b.c.r. 390. 11. the petitioner, therefore, prays that an amount of rs.1,42,975/- be preserved/ attached so as to enable the petitioner to prosecute the suit. 12. shri n.p.patil jamalpurkar, learned advocate has appeared on behalf of the sole respondent. he submits that an amount of rs.15,000/- was agreed by way of professional fees to be paid by the respondent to the petitioner/ plaintiff. no other fees were agreed upon. the expenditure purportedly incurred by the petitioner is merely stated by way of an averment in the tabular form below paragraph 11 in the suit. not a shred of evidence in the form of documents have been placed on record to suggest that an amount of.....
Tag this Judgment! Ask ChatGPT.....of the petitioner and respondent no.2. it is submitted that, the impugned action of the respondent no. 1 is further bad and untenable in view of the fact that it was / is simply impermissible for it to unsettle a long-settled position through repeated publication of the final seniority lists. it is further submitted that, the impugned action of respondent no.1 is further bad and untenable inasmuch as it adversely affects the rights created in favour of the petitioner in relation to future service prospects and opportunities of higher studies by virtue of the higher placement repeatedly given to him through final seniority lists of the years 2010, 2011 and 2012. that is to say, by the impugned action taken at the instance of person like respondent no.2 who had long acquiesced with the situation, the respondent no.1 has sought to take away rights long created in petitionerâ™s favour in spite of the fact that, that is not legally permissible. it is further submitted that, it also needs consideration that, when the vacancy / slot of st category, which was advertised by the respondent no.1 and upon which the petitioner was ultimately given appointment was available for a long.....
Tag this Judgment! Ask ChatGPT.....16, 2006, which culminated in an order dated may 30, 2007. accordingly, this court would also consider the legality of the said order as well. the facts:- 3. some of the relevant facts are, the petitioner while working in the respondent no.2 organisation, was issued two charge sheets dated february 14, 2003 and march 7, 2003. the subject-matter of this petition is the charge sheet dated march 7, 2003 and the consequential proceedings, which culminated in the enquiry report dated may 21, 2004, disciplinary authority's order dated september 18, 2006 and the appellate authority's order date may 22, 2007. two articles of charge were framed against the petitioner vide memorandum dated march 7, 2003. it was the case of the petitioner that the said memorandum was never served on him. the enquiry officer held ex-parte proceedings against the petitioner and held both the articles of charge as proved. the petitioner was given the copy of the enquiry report vide letter dated june 2, 2004/june 21, 2004, to which the petitioner submitted the reply vide his letter dated july 5, 2004. the disciplinary authority, upon consideration, imposed a penalty of compulsory retirement on the petitioner......
Tag this Judgment! Ask ChatGPT.....documents put on record by the petitioner as well as the respondents. there are not even vague allegations, apart from the present transaction of 1982, that petitioner was advancing loans to people and getting properties transferred. this is apart from the fact that it would be necessary for the fir itself to spell out in clear terms the transactions which would prima facie show that business as such of money lending was being involved into without there being a valid licence. 13. for such reasons, the fir as it is filed cannot be maintained. we are proceeding to quash the fir. however, we make it clear that looking to the stage, the quashing of present fir would be in the nature of discharge of the petitioner and in case the authorities have evidence of multiple transactions, the present transaction may be claimed as one of the transactions. 14. for the above reasons, the writ petition is allowed. first information report no.21/2015 registered on 26.3.2015 with police station, shiradhon, tq. kallamb, distt : osmanabad against the petitioner is quashed. no order as to costs.
Tag this Judgment! Ask ChatGPT.....both the proceedings had filed applications for rejection of the plaint and these applications are allowed. 3. the plaintiff is a cooperative sugar factory and it is in the business of distillery, manufacture and supply of country liquor etc. it is the case of the plaintiff that since the year 1979 it is manufacturing country liquor in the brand name "bhingari santra". it is the case of the plaintiff that it owns this trade mark. it is the case of the plaintiff that in the year 1986 it got prepared a deign for the label for aforesaid brand from one concern, m/s sharma fine arts. it is contended that on the basis of the design prepared, which is of artistic nature having different colours and things in it, a label was prepared and that label is being used by plaintiff since 1986. it is the case of the plaintiff that it has registered this label under trade marks act 1958 and that was done for the first time in the year 1996. it is contended that registration was continued and it was renewed from time to time and is registered under trade marks act 1999 also. in the plaint, the particulars of the sales of the aforesaid brand since the year 1986 till the year 2010-11 are given by.....
Tag this Judgment! Ask ChatGPT.....revenue's contentions that the other accounts have to be added on merits under section 68 of the income tax act." 4. briefly stated, the relevant facts necessary to consider the controversy involved in the present appeal are as under: ” 4.1 the assessee filed its return of income for the assessment year (hereafter the 'ay') 2001-02 declaring an income of rs. 27,83,483/- under section 115jb of the act. the said return was picked up for scrutiny and the ao issued notice under 143(2) of the act on 11th october, 2002. thereafter, the assessee was issued a questionnaire on 7th november, 2002. subsequently, another questionnaire was issued to the assessee on 21st march, 2003. the return filed by the assessee was discussed and the assessee was also called upon to file details of the unsecured loans. in response to the queries, the assessee sent a letter dated 12th december, 2003 enclosing therewith the details of unsecured loans alongwith copies of confirmation, copies of income tax returns and copies of ledger accounts pertaining to the unsecured loans. this also included details pertaining to richie rich overseas pvt. ltd. (hereafter 'richie rich'). during the course of the.....
Tag this Judgment! Ask ChatGPT.....the addl. chief secretary. 3. to examine as to whether the grievance of the petitioner could be agitated before the state administrative tribunal, section 15 of the act to the extent it is relevant herein needs to be noticed: 15. jurisdiction, powers and authority of state administrative tribunals. (1) save as otherwise expressly provided in this act, the administrative tribunal for a state shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all courts except the supreme court in relation to “ (a) recruitment, and matters concerning recruitment, to any civil service of the state or to any civil post under the state; (emphasis supplied) in view of sections 15 and 19 of the act, a person aggrieved of any matter pertaining to recruitment to any civil service of the state, may make an application to the state administrative tribunal for redressal of his grievance. matter concerning recruitment to the post of village accountant comes within the ambit of section 15(1)(a) of the act. hence, state administrative tribunal has jurisdiction to examine the grievance of the petitioner. 4. as the.....
Tag this Judgment! Ask ChatGPT.....it is by the owner of tractor trailer, which was damaged in the accident dated 10.5.2011, in which guru arasegowda and rangaswamy died. 2. brief facts leading to these appeals are as under; the facts available on record would disclose that on 10.5.2011 at about 11.30 am., deceased guru arasegowda and rangaswamy were travelling in tractor trailer bearing registration no. ka-13/ta.1040/1041. admittedly, said tractor trailer belongs to ashok, who is claimant in mvc. no. 30/2011 and he is also brother of guru arasegowda. the record would also disclose that when said tractor was proceeding near channarayapatna housing board, the same was hit by lorry bearing registration no. kl-13/c. 1321, which was driven in a rash and negligent manner by its driver. as a result of collision between lorry and tractor trailer, rangaswamy died at the spot and guru arasegowda, who suffered injuries was shifted to bgs global hospital, bengaluru, where he was inpatient for 7 days and subsequently, he succumbed to the injuries. thereafter, three claim petitions came to be filed; one by the widow, minor children and mother of guru arasegowda in mvc. no. 28/2011, second one by the widow and daughter of.....
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