.....categories could be vicariously liable for the offence subject to the averments in the petition and proof thereof. one cannot be oblivious of the fact that the company is a juristic person and it has its own respectability. if a finding is recorded against it, it would create a concavity in its reputation. there can be situations when the corporate reputation is affected when a director is indicated. “ 7. apparently in the instant case, notices were issued to the petitioners, who at the relevant point of time, were posted as incharge general manager and senior manager and there is no specific allegation in the prosecution report that these petitioners were responsible or were having possession, custody or 4 control of the weighing machine rather from bare reading of section 24, it is clear that the possession of the said weighing machine, custody and control can be said to be of the company but the said company m/s. hindusthan copper limited was not impleaded as an accused. hence, in the light of the ratio decided in aneeta hada (supra), i am constrained to hold that the petitioners in absence of any specific allegation of being incharge or responsible to have possession,.....
Tag this Judgment! Ask ChatGPT.....significantly, the transfer fees had already been paid by metcogroup and the benevolent stand taken by the corporation would be evident from the fact that it granted a 99-year lease in favour of metcogroup from the date of metcogroup’s application of june 19, 2008 for the period till june 18, 2107 and not merely for the residual period of the lease originally granted in favour of shree fabrications till january 1, 2072. the issue may be viewed independent of the scheme. if a sought a transfer of a lease in favour of b which was approved by the corporation, and b took over possession of the property and, subsequently, intended to transfer it to c, there would be two effective transfers from a to b and b to c. that there was a scheme in this case which governed the transferor from b to c is of no consequence. metcogroup paid the transfer fees and obtained possession of the property prior to the scheme becoming effective upon a certified copy of the order sanctioning a scheme being filed with the registrar of companies. that a scheme of amalgamation would date back to a previous date by virtue of the definition of the appointed date in the scheme would make a difference for.....
Tag this Judgment! Ask ChatGPT.....business between the revision petitioners.there is no question of acquiescence or implied consent. the decision cited is distinguishable on facts. the concurrent findings of the rent control authorities is not perverse. 11.i have anxiously considered the rival submissions, perused the materials on record, the impugned orders of the rent controller and the rent control appellate authority and the decision cited. 12.admittedly, in 1988, shop nos.1 and 3 were rented out to firs.revision petitioner. 1st revision petitioner (r.w.1) stated that there is written rental agreement. but, he did not produce the same. the terms and conditions of tenancy, more particularly whether the lease agreement contains any provision deed for subletting are not known. 13.the revision petitioners have admitted that shop nos.1 and 3 were exclusively rented out to firs.revision petitioner only. he is the main tenant. in his cross-examination, r.w.2 (second revision petitioner) would say that in 1994 shop no.6 was rented to him and he used it as godown. now, it is a fact that in 2001, he had vacated shop no.6 and there the landlord is running his 'surya stores'. 14.the main allegation as against.....
Tag this Judgment! Ask ChatGPT.....statement the matter was listed on as many as 13 occasions however, the management did not produce any document nor filed evidence in opposition. 9. considering the aforesaid facts, i am of the opinion that one opportunity should be granted to the management for leading evidence. however, it is also a matter of record that there was serious laches on the part of the management. in the result, award dated 18.7.2014 is hereby, quashed with cost of rs. 25,000/ which shall be paid to the respondent within four weeks. the management is permitted to examine one ravi ranjan, who is working as the manager (general), as the petitionerwitness and the respondent shall be recalled for crossexamination. 10. the writ petition is allowed in the aforesaid terms. satish (shree chandrashekhar, j)
Tag this Judgment! Ask ChatGPT.....court did not mark the lease deed as exhibit for want of its registration and referred section 17(1) (a) of the registration act. as a matter of fact, learned trial court has not considered the section 33 and section 37 of the stamp act., 1899. the court cannot refuse to mark the document only because it is an unregistered document. the required stamp, if any, if required on the document can be impounded as per section 37 of the stamp act. furthermore, the plaintiffs have failed to prove their possession over the suit land. it is not indicated in the sale-deed that plot no. 1303-1310 are contiguous and, therefore, length and breath given in the schedule of the sale- deed are incorrect and cannot be relied upon.7. learned counsel appearing for the respondents has vehemently opposed the prayer and submitted that no such averment is available in the written statement. a new case cannot be made out in the second appeal. the witnesses examined on behalf of the plaintiff have clearly proved that after execution of sale-deed possession was given to plaintiffs and the land was demarcated by the anchal amin. the plaintiffs have claimed right, title interest and possession over the.....
Tag this Judgment! Ask ChatGPT.....of the high court to exempt the requirement of surrender in exceptional situation”. learned counsel, for the complainant, has not disputed the fact that the parties have filed a joint compromise application by way of i.a. no.4981 of 2015.3. considering the fact that the parties have amicably settled the matter and have filed a joint compromise petition to that effect, the petitioner is exempted from filing the surrender certificate and rule 159 of the high court of jharkhand rules, is hereby waived.4. accordingly, i.a. no.4980 of 2015 stands allowed. cr. revision. no.812 of 2015 this criminal revision application has been preferred against the judgment and order dated 09.04.2015, passed in cr. appeal no.269 of 2013 whereby, the learned additional sessions - 02 - judge - ii, jamshedpur, while dismissing the appeal has modified the judgment and order of conviction and sentence dated 18.09.2013 passed by the learned judicial magistrate 1 st class, jamshedpur and sentenced the petitioner to undergo s.i for two months and to pay rs.1,25,000/- by way of compensation to the complainant under the provisions of section 357(3) of the cr.p.c.2. brief facts of the case are that the the.....
Tag this Judgment! Ask ChatGPT.....and submitted that on the confessional statement of co-accused petitioner's name has come in the present case. regard being had to the aforesaid fact, the petitioner, named above, is directed to be released on bail on furnishing bail bond of rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned additional sessions judge-i, godda in connection with s.t. no. 68 of 2015 arising out of mahagama p.s. case no. 30 of 2015 corresponding to g.r. no. 323 of 2015. (rongon mukhopadhyay, j.) mk in the high court of jharkhand at ranchi b.a. no. 7153 of 2015 rakesh kumar bhagat .... petitioner versus the state of jharkhand … opposite party --- coram: hon’ble mr. justice rongon mukhopadhyay --- for the petitioner : mr. s. p. roy, advocate for the state : mr. ravi prakash, app --- order no. 02 dated 11th september , 2015 heard mr. s. p. roy, learned counsel appearing for the petitioner and mr. ravi prakash, learned app appearing for the state. petitioner is an accused in connection with pathargama p.s. case no. 76 of 2015 corresponding to g.r. no. 1255 of 2015 registered for the offences punishable u/s 395 of the indian penal code. it.....
Tag this Judgment! Ask ChatGPT.....by revenue authorities in connection with sales tax dues of the respondents 5 to 8 who were engaged in abkari business. it is revealed from the facts in the writ petition that, the 9th respondent was also a partner in the said business. by ext.p4 notice dated 19.04.1997, the respondent bank informed respondents 3 to 10 of the banks first charge over the property. the tahsildar, the 4th respondent herein, effected a sale of the property pursuant to the attachment by the revenue authorities and the property was sold in w.p.(c).no.24820 of 2008 2 two plots. the plot comprising of 54.495 cents was sold for an amount of rs.5,45,000/- and the plot comprising of 2.078 acres was sold for a some of rs.23,55,000/-. it is not in dispute that, the sales were confirmed on 21.02.2000 and 23.03.2000 respectively. immediately after the sale, and before confirmation thereof, the petitioner preferred ext.p5 objection dated 18.01.2000, in terms of section 53 of the revenue recovery act, before the 3rd respondent district collector. the prayer in the said objection was to set aside the sale of 54.495 cents of land. ext.p6 is a similar application in respect of the other plot of land measuring.....
Tag this Judgment! Ask ChatGPT.....the ratio laid down by the hon'ble supreme court in the case of g.m. tank vs. state of gujarat and others [(2006) 5 scc446 squarely applies to the facts of the present case which deals with the exoneration of the petitioner in the departmental proceeding as well on an acquittal in a criminal case of same charges with same set of evidence.5. learned counsel for the respondents has laboured to bring home the point that a departmental proceeding even in respect of the charges which gives rise to a criminal prosecution, can be independently conducted and finding of guilt can be arrived at on the standard of proof of preponderance of probability followed in a departmental proceeding. it is submitted that the criminal case ended in acquittal of the petitioner only on the ground that both the trial court and the appellate court did not find the factum of seizure of the property from the motorcycle of the petitioner duly established, though the personnel who were involved in the seizure namely, subhash chandra bhuiyan and sanjeev kumar choudhary duly supported the prosecution case. it is urged that in the departmental proceeding, these allegations have been duly substantiated in the.....
Tag this Judgment! Ask ChatGPT.....college, sikar vs. union of india & ors. (s.b.civil interlocutory application no.3364/15 in (s.b.civil writ petition no.13792/13) 5 of the facts as mentioned in the final report of the inspecting committee constituted by this court for taking appropriate decision by the executive committee and thereafter by the council.6. while refusing the permission to the petitioner college to admit the students, the vci in its 49th meeting held on 24.9.14 accorded permission to number of private colleges to admit the students on the basis of the commitment made by them to remove the deficiencies pointed out in time frame of six months, subject to fulfillment of the other conditions specified.7. thus, taking into consideration totality of the facts and circumstances, on 28.11.14, while considering the prayer of the petitioner college for permitting it to admit the students during the academic session 2014-15, this court observed: “ as noticed above, in terms of the directions issued by this court, the vci was required to consider the report of the inspecting committee constituted by this court and take a decision but, going beyond the directions of this court, the vci decided to.....
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