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Jul 28 2015 (HC)

S.R.Laxmira Vs. The State of a.P., Rep.By Inspector of

Court : Andhra Pradesh

.....contending that the government has issued the orders directing the authorities to withdraw the prosecution taking into consideration all the facts and circumstances, that the learned judge ought not to have rejected the petition of the prosecution to withdraw the case and that the petition be allowed as prayed for.4. the facts, in brief, are as under:- one bhusarapu ravinder is the de facto complainant and he had certain disputes with nerevetla rama swamy and nevetla durgaiah. they had a quarrel and both the groups filed complaints against each other before julapally p.s. the accused officer was working as s.i. of police there at. when the de facto complainant approached the accused officer to enquire about the investigation into the complaint lodged by him against rama swamy and durgaiah, it is alleged that the accused officer demanded bribe of rs.15,000/- and ultimately it was reduced to rs.10,000/-. the de facto complainant gave a complaint to the acb, who in turn, laid the trap after registering the case and accordingly on 22-10-2002 the accused officer was caught while he demanded and accepted the bribe of rs.10,000/- from the de facto complainant. the requisite.....

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Jul 28 2015 (HC)

Kuriakose K A Vs. State of Kerala

Court : Kerala

.....the petitioner's contention is that, the thodu had 40 metres width, which is now sought to be reduced to 24 metres and this would, in fact, cause flooding of the property in survey no.1015/1. the challenge, according to the learned counsel appearing for the petitioner, is raised on multifarious grounds, as indicated below: (i) the land acquired through which the diversion of the thodu is now proposed was acquired for a specific purpose and the same cannot be utilised for another purpose. (ii) there can be no filling up of the existing thodu since, though the thodu vests in the local self government w.p.(c) no. 5558/2014 -4- institution, the power conferred under section 30 of the kerala municipality act, 1994, read with schedule i entry 5 is only for maintenance of the thodu, and not for filling it up. the learned counsel would also rely on kuriyakose thomas v. ombudsman for local self government institution and others - 2014 (1) ilr366to buttress the above contention. (iii) even according to the 4th respondent, the officer of the irrigation department, there is to be no filling up of the thodu, but the diversion now proposed definitely would require filling up of.....

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Jul 28 2015 (HC)

Bihar Colliery Kamgar Union Represented Through Its Secretary Sri D Mu ...

Court : Jharkhand

.....dispute for adjudication, the present writ petition has been filed.   2. the brief facts of the case are that, on 14.06.2011, the  petitioner­bihar   colliery   kamgar   union   approached   the   assistant  labour commissioner (c), dhanbad raising a dispute  on behalf of  one  smt. malati kamin  alleging illegal  and arbitrary  action  in not  paying wages to her.  in the said proceeding the respondent­eastern  coalfields   limited   appeared   and   raised   an   objection   as   to  maintainability.   the respondent­eastern coalfields limited asserted  that   the   concerned   employee   was   not   an   employee   of   eastern  coalfields   limited   and   she   never   performed   duty   under   the  management of eastern coalfields limited.   a failure report dated  09.04.2012 along with a copy of the application dated 14.06.2011  and   the   written   statement   of   the   management   dated   15.11.2011  were forwarded to the central government. the central government  2 vide   order.....

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Jul 28 2015 (HC)

Vikash Kumar Singh and Ors Vs. Manju Modi and Ors

Court : Jharkhand

.....  to   try   the   suit.   it   is   further   submitted   that   the  question of jurisdiction is a mixed question of law and fact and  merely   on   the   ground   that   the   agreement   provides   that   the  dispute would be subject to jurisdiction of hon'ble kolkata high  court, the plaint should not have been returned to be presented  before the competent court at kolkata.5. as   against   the   above,   the   learned   counsel   for   the  respondents submits that agreement dated 10.04.2003 and one  supplementary   agreement   were   executed   by   the   parties   with  3 their   free   consent.  the   parties  understood   the   consequence   of  conferring jurisdiction on a court at kolkata and therefore, the  parties are bound by the express terms of the agreement.6. i have carefully considered the submissions of the learned  counsel for the parties and perused the documents on record.7. it is not in dispute that the petitioners instituted title suit  no. 40 of 2008 for a direction to the defendants to execute and .....

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Jul 28 2015 (HC)

Varghese and Another Vs. St.Peter's and St.Paul's Jacobite Syrian

Court : Kerala

.....for the respondents.7. the first defendant church being a parish church of malankara orthodox syrian church, there cannot be any dispute to the fact that the church has to be administered in accordance with the 1934 constitution. the case of the plaintiffs is that the administration of the church in accordance with ext.a1 decision is against the 1934 constitution and the case of the contesting defendants is that the provisions in ext.a1 decision do not go against the 1934 constitution. ext.a1 is the decision taken by the parish assembly of the first defendant church on 7.7.1963. ext.a4 is the 1934 constitution of the church. ext.a1 provides for a managing committee consisting of 56 members for the church, of which 28 members will be permanent members nominated by the palal family and the remaining will be elected from among the parishioners. as per ext.a1 decision, the members elected to the managing committee rfa.no.501/2011. 6 will hold office for a period of three years. ext.a1 also provides that two lay stewards and one secretary have to be elected from among the managing committee, of which the secretary shall be from the elected representatives of the parishioners......

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Jul 28 2015 (HC)

Varghese and Another Vs. St.Peter's and St.Paul's Jacobite Syrian

Court : Kerala

.....for the respondents.7. the first defendant church being a parish church of malankara orthodox syrian church, there cannot be any dispute to the fact that the church has to be administered in accordance with the 1934 constitution. the case of the plaintiffs is that the administration of the church in accordance with ext.a1 decision is against the 1934 constitution and the case of the contesting defendants is that the provisions in ext.a1 decision do not go against the 1934 constitution. ext.a1 is the decision taken by the parish assembly of the first defendant church on 7.7.1963. ext.a4 is the 1934 constitution of the church. ext.a1 provides for a managing committee consisting of 56 members for the church, of which 28 members will be permanent members nominated by the palal family and the remaining will be elected from among the parishioners. as per ext.a1 decision, the members elected to the managing committee rfa.no.501/2011. 6 will hold office for a period of three years. ext.a1 also provides that two lay stewards and one secretary have to be elected from among the managing committee, of which the secretary shall be from the elected representatives of the parishioners......

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Jul 28 2015 (HC)

M.P.Kunhahammedkutty Vs. The State of Kerala

Court : Kerala

.....the learned public prosecutor concerned on 8.6.2015, to get specific instructions from the sub collector/sub divisional magistrate about the factual state of affairs and that the sub collector shall file a statement as to the exact details of in this regard within a period of one week .3. thereafter the said respondent sub divisional crl.m.c.2170/15 - :2. :- magistrate has filed a statement dated 1.7.2015 wherein it is stated in paragraph 7 thereof that the said dangerous trees were already cut and removed by pwd authorities and as of now no threat or danger is existing to the petitioner in this case. considerationtodayranjith r, the learned counsel for the petitioner 4. also when the matter was taken up for sri. reiterated that the aforestated submissions made by the sub collector in the paragraph 7 of the aforestated statement dt. 1.7.2015 is factually wrong and that the dangerous trees have not yet been cut and removed by pwd authorities or any other authorities and that they have only cut the two branches of the said trees and the same had not yet been removed from the site in question.5. earlier this court had issued order dated 23.6.2015 to the said sub divisional.....

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Jul 28 2015 (HC)

The State of Jharkhand and Anr Vs. Sister Bernadek Beck Alias Si Berna ...

Court : Jharkhand

.....application, especially in paragraph no.s 4 to 8, it appears that there are reasonable grounds for condonation of delay.7. in view of these facts, we hereby, condone the delay in preferring this letters patent appeal. accordingly, i.a. no. 6447 of 2014 is allowed and disposed of.8. counsel appearing for both sides submitted that in another similarly situated matter, i.e. and other allied matters, final orders have been passed and therefore, this letters patent appeal may also be finally decided by this court.9. this letters patent appeal has been preferred against the judgment and order delivered by the learned single judge in w.p. (s) no. 5143 of 2014, which was disposed of on 7th october, 2014 whereby, the writ petition preferred by present respondent no. 1 (original petitioner) was allowed and she was granted leave encashment in the government aided minority high school. respondent no. 1 (original petitioner) retired on 30 th november, 2010 as headmistress of st.ann's girls high school, chainpur, gumla. respondent no. 1 was given leave encashment allowances on the basis of several rules and regulations including on the basis of circular bearing no. 1775 dated 30th.....

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Jul 28 2015 (HC)

Varghese and Another Vs. St.Peter's and St.Paul's Jacobite Syrian

Court : Kerala

.....for the respondents.7. the first defendant church being a parish church of malankara orthodox syrian church, there cannot be any dispute to the fact that the church has to be administered in accordance with the 1934 constitution. the case of the plaintiffs is that the administration of the church in accordance with ext.a1 decision is against the 1934 constitution and the case of the contesting defendants is that the provisions in ext.a1 decision do not go against the 1934 constitution. ext.a1 is the decision taken by the parish assembly of the first defendant church on 7.7.1963. ext.a4 is the 1934 constitution of the church. ext.a1 provides for a managing committee consisting of 56 members for the church, of which 28 members will be permanent members nominated by the palal family and the remaining will be elected from among the parishioners. as per ext.a1 decision, the members elected to the managing committee rfa.no.501/2011. 6 will hold office for a period of three years. ext.a1 also provides that two lay stewards and one secretary have to be elected from among the managing committee, of which the secretary shall be from the elected representatives of the parishioners......

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Jul 28 2015 (HC)

B.Prakash Vs. 1.Deepa

Court : Chennai

.....maintenance upon proof that the husband has neglected or refused to maintain her and further that she is unable to maintain herself. if these three facts are proved, then, she is entitled for an order for maintenance against her husband.9. if we look into section 20 of the act, sub-section (1) states that an aggrieved is entitled for monetary relief. the said monetary relief could be ordered to meet the expenses incurred by the loss suffered by the aggrieved person. the term "monetary relief" has been defined in section 2(k) of the act, which reads as follows:- "monetary relief" means the compensation which the magistrate may order the respondent to pay to the aggrieved person, at any stage during the hearing of an application seeking any relief under this act, to meet the expenses incurred and the losses suffered by the aggrieved person as a result of the domestic violence."10. the term "aggrieved" is defined in section 2(a) of the act, which reads as follows:- "aggrieved person" means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent."11. in order to get an.....

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