.....erroneously failed to admit material and admissible evidence and had admitted inadmissible evidence which influenced the finding; (8) the finding of fact is based on no evidence.8. it has further been held in the aforesaid decision that under article 226/227 of the constitution of india, the high court shall not: “(i) re-appreciate the evidence; (ii) interfere with the conclusions in the enquiry, in case the same has been conducted in accordance with law; (iii) go into the adequacy of evidence; (iv) go into the reliability of the evidence; (v) interfere, if there be some legal evidence on which findings can be based; (vi) correct the error of fact however grave it may appear to be; (vii) go into the proportionality of punishment unless it shocks its conscience.”.9. these principles have been extensively discussed by the hon’ble supreme court in several cases including the decisions in b.c. chaturvedi versus union of india and others reported in (1995) 6 scc749 union of india & another versus g. ganayutham reported in (1997) 7 scc463 om kumar and others versus union of india in (2001) 2 scc386 coimbatore district central co-operative bank versus coimbatore district central.....
Tag this Judgment! Ask ChatGPT.....p.o. industrial tribunal, madras.4. before dealing with the contentions urged by the appellant and the case law cited, we need to note a relevant fact of importance which had escaped the attention of the learned single judge. the same would bring out a glaring conflict between the order dated april 25, 2009 passed by the tribunal and the award dated september 04, 2009. on the reference received by the tribunal from the appropriate government : ‘whether the dismissal of sh.rajesh kumar gandhi from his service by the management is illegal and/or unjustified, and if so, to what relief is he entitled and what directions are necessary in this respect?.‟; after pleadings were completed two issues were settled by the tribunal on february 02, 1994 as under:(1) whether a valid and proper inquiry in accordance with the principles of natural justice was held against the petitioner?. (2) 5. as in terms of reference. holding that as regards the inquiry, it was properly conducted with opportunity given to the appellant to defend himself, noting that the report of the inquiry officer was not supplied to the appellant, the tribunal noted lpa no.102/2013 the decisions of the supreme page 3.....
Tag this Judgment! Ask ChatGPT.....petitioners, the action of the respondent corporation is wholly without jurisdiction.3. in order to consider the aforesaid controversy, the relevant facts pertaining to the lead matter - w.p. 3455/2012 captioned shanti devi v. govt. of nct of delhi and ors are briefly narrated as under:3.1. one sh. bodh raj and his family migrated to india after the partition in the year 1947. the government of east punjab issued a “certificate of registration of refugee claim” on 24.04.1948 as sh. bodh raj’s claim was entered in the register of refugee claims. it is stated that sh bodh raj occupied the subject premises i.e. site measuring 200 sq. yards situated opposite s and t block, west patel nagar, new delhi-110008. it is stated that in the year 1955, sh bodh raj started a bakery business and a dairy business which he continued for 2 to 3 years. thereafter, the said business was closed down and sh bodh raj started the business of dealing in coal. it is asserted that the municipal corporation of delhi granted tehbzari rights to sh bodh raj for carrying on the coal business in the year 1970 and sh bodh raj had been regularly paying the requisite tehbazari fee. sh bodh raj expired on.....
Tag this Judgment! Ask ChatGPT.....petitioners, the action of the respondent corporation is wholly without jurisdiction.3. in order to consider the aforesaid controversy, the relevant facts pertaining to the lead matter - w.p. 3455/2012 captioned shanti devi v. govt. of nct of delhi and ors are briefly narrated as under:3.1. one sh. bodh raj and his family migrated to india after the partition in the year 1947. the government of east punjab issued a “certificate of registration of refugee claim” on 24.04.1948 as sh. bodh raj’s claim was entered in the register of refugee claims. it is stated that sh bodh raj occupied the subject premises i.e. site measuring 200 sq. yards situated opposite s and t block, west patel nagar, new delhi-110008. it is stated that in the year 1955, sh bodh raj started a bakery business and a dairy business which he continued for 2 to 3 years. thereafter, the said business was closed down and sh bodh raj started the business of dealing in coal. it is asserted that the municipal corporation of delhi granted tehbzari rights to sh bodh raj for carrying on the coal business in the year 1970 and sh bodh raj had been regularly paying the requisite tehbazari fee. sh bodh raj expired on.....
Tag this Judgment! Ask ChatGPT.....petitioners, the action of the respondent corporation is wholly without jurisdiction.3. in order to consider the aforesaid controversy, the relevant facts pertaining to the lead matter - w.p. 3455/2012 captioned shanti devi v. govt. of nct of delhi and ors are briefly narrated as under:3.1. one sh. bodh raj and his family migrated to india after the partition in the year 1947. the government of east punjab issued a “certificate of registration of refugee claim” on 24.04.1948 as sh. bodh raj’s claim was entered in the register of refugee claims. it is stated that sh bodh raj occupied the subject premises i.e. site measuring 200 sq. yards situated opposite s and t block, west patel nagar, new delhi-110008. it is stated that in the year 1955, sh bodh raj started a bakery business and a dairy business which he continued for 2 to 3 years. thereafter, the said business was closed down and sh bodh raj started the business of dealing in coal. it is asserted that the municipal corporation of delhi granted tehbzari rights to sh bodh raj for carrying on the coal business in the year 1970 and sh bodh raj had been regularly paying the requisite tehbazari fee. sh bodh raj expired on.....
Tag this Judgment! Ask ChatGPT.....the burden was heavily on the complainant to prove the due execution of the cheque. it is also pertinent to note that there were few essential facts which the court below did not take note of. it was admitted by the crl.a.291/2009 4 accused that she had availed a loan of rs.42,000/- from the complainant. it was also admitted by her that the disputed cheque bears her signature and was delivered by her to the firm and that due to financial difficulties, there was default. on the above admitted premise, the burden on the complainant was much less and the burden narrowed down to the question as to whether the cheque was delivered towards the discharge of the defaulted loan amount or was only given as a blank cheque as security, at the time of availing the loan. this being the crucial issue, the court below seems to have gone on a tangent and conducted a rowing enquiry into the correctness of the defence set up by the accused. the court below in the course of the above, held that the alleged passbook produced by the accused was reliable. in fact, it was the passbook issued by one mulamoottil financiers, heading of which was corrected to tally with the name of the.....
Tag this Judgment! Ask ChatGPT.....this ban is lifted for the limited purpose as contained in section 27 of the said act. where a recovery has been effected or a discovery of the fact has been made pursuant to the disclosure statement of the accused only that part of the statement is admissible. in the instant case, there is no recovery or discovery of a fact. the disclosure statement (ex.pw-2/a) was wrongly relied upon by the trial judge. crl. appeal no.605/2010 in the absence of this piece of page 5 of 10 (inadmissible) evidence the prosecution in the instant case could not be initiated. moreover, in the disclosure statement (ex.pw-2/a), the appellant had stated that he had kidnapped the girl from the jhuggis and the act of rape had been committed upon the victim in the ambassador car and thereafter he had left the girl near the pulia, ganda nala. this did not match the version of the victim (pw-1). pw-1 both in her statement under section 164 of the cr.pc as also on oath in court had stated that when she was sleeping along with her dadi, the appellant had taken her from her jhuggi; he had taken her near the ghat where the alleged act of rape had been committed upon her. she had not whispered a word about.....
Tag this Judgment! Ask ChatGPT.....petitioners, the action of the respondent corporation is wholly without jurisdiction.3. in order to consider the aforesaid controversy, the relevant facts pertaining to the lead matter - w.p. 3455/2012 captioned shanti devi v. govt. of nct of delhi and ors are briefly narrated as under:3.1. one sh. bodh raj and his family migrated to india after the partition in the year 1947. the government of east punjab issued a “certificate of registration of refugee claim” on 24.04.1948 as sh. bodh raj’s claim was entered in the register of refugee claims. it is stated that sh bodh raj occupied the subject premises i.e. site measuring 200 sq. yards situated opposite s and t block, west patel nagar, new delhi-110008. it is stated that in the year 1955, sh bodh raj started a bakery business and a dairy business which he continued for 2 to 3 years. thereafter, the said business was closed down and sh bodh raj started the business of dealing in coal. it is asserted that the municipal corporation of delhi granted tehbzari rights to sh bodh raj for carrying on the coal business in the year 1970 and sh bodh raj had been regularly paying the requisite tehbazari fee. sh bodh raj expired on.....
Tag this Judgment! Ask ChatGPT.....followed and has attained finality. even assuming at this stage that a director may be removed by exercising the power under section 169 the act the fact remains that the said process is yet to directorship is a valuable right. be completed. a right to it is not in dispute that each of the strategic investors has a right to have a representative on the board. this is a valuable right which cannot be easily interfered with. consider the scrutiny. recognises, the very exercise of power by the director to said agenda subsection (1) acknowledges and of and pass any section confers a resolution 169 of the very valuable is under 2013 act right in favour of the director concerned, i.e.the right of being heard before a resolution is passed removing him from the office. the resolution does not say that any opportunity of hearing was given to the director before removal. there is thus a violation of the principles of natural justice and a statutory violation as well. under such circumstances, the plaintiff no.2 is allowed to function as a director of the defendant no.1 and would be allowed to represent in the board meetings subject to decision that may be taken following companies act. the.....
Tag this Judgment! Ask ChatGPT.....petitioners, the action of the respondent corporation is wholly without jurisdiction.3. in order to consider the aforesaid controversy, the relevant facts pertaining to the lead matter - w.p. 3455/2012 captioned shanti devi v. govt. of nct of delhi and ors are briefly narrated as under:3.1. one sh. bodh raj and his family migrated to india after the partition in the year 1947. the government of east punjab issued a “certificate of registration of refugee claim” on 24.04.1948 as sh. bodh raj’s claim was entered in the register of refugee claims. it is stated that sh bodh raj occupied the subject premises i.e. site measuring 200 sq. yards situated opposite s and t block, west patel nagar, new delhi-110008. it is stated that in the year 1955, sh bodh raj started a bakery business and a dairy business which he continued for 2 to 3 years. thereafter, the said business was closed down and sh bodh raj started the business of dealing in coal. it is asserted that the municipal corporation of delhi granted tehbzari rights to sh bodh raj for carrying on the coal business in the year 1970 and sh bodh raj had been regularly paying the requisite tehbazari fee. sh bodh raj expired on.....
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