.....of land was reported to the district collector, ernakulam and revenue divisional officer, fort kochi by the agricultural officer." 5. going by the factual report so filed by the agricultural officer, who is the convenor of the local level monitoring committee, it is evident that out of the 50 cents of property, 35 cents were reclaimed prior to the act of 2008 and 15 cents, even according to the report, was reclaimed recently after the w.p(c). no.31544 of 2014 4 enforcement of the act of 2008. the report specifically indicates the nature of the trees in the property, ie., the 35 cents, which was reclaimed prior to the act of 2008 and the 15 cents, which remained as wet land at the introduction of the act 28 of 2008. the draft data bank, as is evident from the reading of the provisions of the act of 2008, is prepared on the basis of the satellite pictures and it is on the strength of that, the agricultural officer reports that 15 cents was reclaimed later to the introduction of the act of 2008. there are also two residential buildings said to be existing in the 35 cents, which is reported to be reclaimed prior to the act of 2008.6. in such circumstances, the local level.....
Tag this Judgment! Ask ChatGPT.....and contends that the encroachment was carried on recently and a building is being constructed even now in the encroached portion.2. the brief facts to be noticed are that the petitioner was earlier issued with a notice for eviction, which was challenged for reason of no notice being issued. w.p.(c) no. 35425 -2- as per the judgment of this court produced at ext.p1, the petitioner was issued with a notice and the additional tahsildar passed an order dated 7.8.2014, produced at ext.p2, directing eviction of the petitioner from 00.61 ares, out of a total of 02.02 ares in survey no.1951 of rameshwaram village. the specific allegation was that the petitioner's encroachment resulted in obstruction of a 'thodu' and the free flow of water was interdicted. after ext.p2 order was passed, the petitioner filed an appeal before the revenue divisional officer, fort kochi. the appeal is said to have been filed within time on 16.9.2014. the petitioner was threatened of eviction on 19.11.2014; when the petitioner rushed to this court. this court by ext.p4 judgment directed disposal of the appeal within a period of two months, with an opportunity of hearing being granted to the petitioner.....
Tag this Judgment! Ask ChatGPT.....same. in order to prove its case, the prosecution had examined as many as 16 witnesses and marked 42 documents. out of the said witnesses, pw1 - defacto complainant, from whom the cash is stated to have been stolen away, has vividly spoken about the occurrence. he has also spoken about the identification of the accused made by him before the learned judicial magistrate. he has also identified the accused in the court. he identified mo.1, jeans bag, in which he had put rs.11 lakhs, which was stolen by the accused. pws.2, 3, 4, 5, 6 & 12 have stated about handing over their cash to pw1, who had come for collection. pw7 is the driver of the bus, who has stated that there was no such occurrence at all on the said date. he has been treated as hostile. pw8 is the conductor of the bus, who has also stated so and therefore he has also been treated as hostile. pw9, who is the ticket checker of the bus, has also turned hostile. pw10 has spoken about the arrest of the accused, the confessions given by them and the consequential recovery of the cash made. pw13 ?. mahazar witness, has turned hostile and has not supported the case of the prosecution in any manner. pw14 has spoken about the.....
Tag this Judgment! Ask ChatGPT.....of pw1 - vijaya kumar. according to him, on the date of occurrence , except for vigil all others went for work. pw3and vigil had quarreled over this fact. at noon pw3 went back to the room at leela offset printers from the work site and returned back after an hour and on his return he said he was not feeling well and sat idle till 4.00 pm. at about 5.45 p.m., pw3 krishnan and pw4 suresh went back to the room. the accused and sree returned in a bus and when they reached their place of residence, they could see pw3 - krishnan and pw4 - suresh standing outside the building. they did not permit the accused to enter the premises and locked the gate. later pw3and 4 revealed that the room at leela printers was splattered with blood all over . on the next day they went back to the leela offset printers at about 8'o' clock in the morning and found pw1 and others along with crl.appeal.30/2011 6 police personnel . only then did he realize that vigil had been murdered.he went and saw the dead body, but krishnan did not accompany them. according to him, the police had assaulted him and had framed him in this case.on the side of the defense, exts.d1 to d8 case diary contradictions were marked......
Tag this Judgment! Ask ChatGPT.....workman has to go through the grant of litigation, his capacity to sustain himself throughout the protracted litigation is itself such an awesome factor that he may not survive to see the day when relief is granted. more so in our system where the law's proverbial delay has w.p.(c) no. 22674 of2009(d) ::6. :: become stupefying. if after such a protracted time and energy consuming litigation during which period the workman just sustains himself, ultimately he is to be told that though he will be reinstated, he will be denied the back wages which would be due to him, the workman would be subjected to a sort of penalty for no fault of his and it is wholly undeserved. ordinarily, therefore, a workman whose service has been illegally terminated would be entitled to full back wages except to the extent he was gainfully employed during the enforced idleness. that is the normal rule. any other view would be a premium on the unwarranted litigative activity of the employer. ....." 9. relying on the decision in m.p.seb v. jarina bee ((2003) 6 scc141, the supreme court in nicks (india) tools v. ram surat and another ((2004) 8 scc222 held that it is not an inevitable conclusion that every.....
Tag this Judgment! Ask ChatGPT.....(crl. side) :order the petitioner is a company known as m/s.romana distillery industries private ltd. the said company is engaged in the manufacturing of packaged drinking water. for the said purpose, the petitioner company has dug a well in the land comprised in s.nos.42/1 and 42/3a at magilady village, tirunelveli district, for drawing water from the said well for the said business purpose. the petitioner applied for no objection certificate from the water resources department, government of tamil nadu. the chief engineer, state ground and surface water resources data centre, chennai, issued a certificate in certificate no.423/noc/chennai/2014 dated 11.09.2014 expressing no objection for drawal of a total quantity of 10,000 litres per day from the said well for the purpose of packaged drinking water. the petitioner further claims that he also applied for consent from the tamil nadu pollution control board for the said purpose. the district environmental engineer, tamil nadu pollution control board, tirunelveli by his proceedings in no.f.tnv1430/gs/a/2014 dated 14.11.2014 has authorised the said company to establish the industry in the site mentioned and to operate the.....
Tag this Judgment! Ask ChatGPT.....of occurrence. pw-5 is the record clerk, who has also spoken about the said file. pw-6 is the then tahsildar, who has also spoken about the said fact. pw-7 is the typist, who has spoken about the typing of the order of the solvency certificate prepared by the appellant. pw-8, who is an assistant, has spoken about the maintenance of the attendance register. pw-9 is the junior drafting officer, who has spoken about the letter forwarded by him regarding the solvency certificate. pw-10 is the head constable, who has spoken about the arrest of the accused. pw-13 is the head clerk of the court, who forwarded the material objects for chemical analysis. pw-15 is the officer, who laid the trap. pw-16 has spoken about the chemical analysis. pw-17 is the investigating officer.4. when the trial court examined the appellant under section 313 of the code of criminal procedure in respect of the incriminating evidences available against him, he denied the same as false. however, he did not choose to examine any witness nor to exhibit any document. the first accused, in his statement, has stated that it is true that he dealt with the file relating to the verification of the solvency.....
Tag this Judgment! Ask ChatGPT.....workman has to go through the grant of litigation, his capacity to sustain himself throughout the protracted litigation is itself such an awesome factor that he may not survive to see the day when relief is granted. more so in our system where the law's proverbial delay has w.p.(c) no. 22674 of2009(d) ::6. :: become stupefying. if after such a protracted time and energy consuming litigation during which period the workman just sustains himself, ultimately he is to be told that though he will be reinstated, he will be denied the back wages which would be due to him, the workman would be subjected to a sort of penalty for no fault of his and it is wholly undeserved. ordinarily, therefore, a workman whose service has been illegally terminated would be entitled to full back wages except to the extent he was gainfully employed during the enforced idleness. that is the normal rule. any other view would be a premium on the unwarranted litigative activity of the employer. ....." 9. relying on the decision in m.p.seb v. jarina bee ((2003) 6 scc141, the supreme court in nicks (india) tools v. ram surat and another ((2004) 8 scc222 held that it is not an inevitable conclusion that every.....
Tag this Judgment! Ask ChatGPT.....under section 47(6) of the kerala value added tax act, 2003 (hereinafter referred to as "the kvat act" for short) and deleted the same. 2.brief facts contained in the penalty order which are required to be noticed for the disposal of this revision alone are stated hereunder:3. the assessee is a registered dealer under the kvat act engaged in the sale of various consumer products like home appliances. while transporting air conditioners in vehicles bearing nos.tn28ab5664and tn09l6159 the intelligence o.t.(rev) no.64 of 2014 2 inspector, squad no.1, commercial taxes, ernakulam intercepted vehicles and noticed that air conditioners were being transported from sea port of chennai to ernakulam without proper documents as prescribed under section 46(3) of the kvat act. the intelligence officer after providing the assessee sufficient opportunity to object to the penalty proposed and after providing a hearing, found that the assessee has attempted to evade tax and therefore, penalty was imposed under section 47 (6) of the kvat act.4. even though the assessee preferred statutory appeal, the first appellate authority confirmed the order of penalty imposed by the intelligence officer......
Tag this Judgment! Ask ChatGPT.....no.19 of 1998 was filed by the respondent/landlord seeking eviction of the petitioner/tenant urging the ground of bonafide need as provided under section 11(3) of the act. in the first round, the rent control court ordered eviction which was confirmed in rca no.109 of 1999 on the files of the appellate authority, r.c.r. no.129 of 2015 2 thalassery. that judgment was challenged by the tenant before this court in rcr no.241 of 2005. by judgment dated 29.10.2009, that rcr was allowed and the orders passed by the lower authorities were set aside. in the said order it was found that the landlord had failed to prove his pleaded case that he was expelled from saudi arabia and that he was then unemployed. proceeding further, this court also held: "at the same time, the need of a person belonging to payyannur presently working abroad to come back to payyannur can ordinarily be accepted to be a bonafide need provided proper pleadings are there." 4. after entering into such finding, this court took the view that the landlord can be given an opportunity to amend the pleadings and to adduce fresh evidence on all aspects including on bonafide need and the first proviso pressed into service.....
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