.....counsel appearing for the petitioners and the learned counsel appearing for the respondent. i have also perused the records carefully. 3.the brief facts of the case are as follows; the firs.accused is a company. in terms of section 14(1a) of the act, for the period between june 2004 and august 2004, according to the respondent, the firs.accused / company did not deduct the employees' contribution from their wages and pay to the organisation. the total amount comes to rs.3,35,983/-. the failure of the firs.accused / company to pay the said amount within the time stipulated is an offence punishable under section 14(1a)(a) of the act. so far as the accused 2 to 5 are concerned, it is stated that they are the directors of the company and therefore, they are also liable to be punished. the trial court did not convict the firs.accused and instead, it convicted the accused 2, 3 & 5 alone. that was confirmed by the lower appellate court also. 4.the learned counsel for the petitioners would submit that in the absence of conviction of the firs.accused/company, the accused, 2, 3 & 5 cannot be convicted at all. for this purpose, the learned counsel would rely on section 14(1a) of the act,.....
Tag this Judgment! Ask ChatGPT.....the learned counsel appearing for the review petitioner as also the learned government pleader for the respondents.3. on a consideration of the facts and circumstances of the case and the submissions made across the bar, i find that, inasmuch as there is an inter se dispute between the writ petitioner and the review petitioner, it is only appropriate that the 1st respondent consider the objections of the review petitioner also, while passing orders on the revision petition filed by the writ petitioner. i note that by the judgment dated 29.05.2015, i directed the 1st respondent to dispose the revision petition preferred by the writ petitioner within a period of one month from the date of receipt of a copy of that judgment. inasmuch as in the said judgment, i did not direct the 1st respondent to consider the objections of the review petitioner, as also hear the review petitioner, prior to passing the orders in the revision petition of the writ petitioner, i am of the view that the judgment under review needs to be modified so as to protect the interest of the review -3- r.p. no. 542 of 2015 in w.p.(c). no. 16020 of 2015 petitioner as well. accordingly, i modify the directions.....
Tag this Judgment! Ask ChatGPT.....of birth. that document was also not available when the earlier passport was issued. i am in perfect agreement with the said judgment, since the facts mandated invocation of the extraordinary remedy under article 226 of the constitution.9. the claim of the petitioners can only be considered under the circular issued by the ministry of external affairs numbered as vi/401/2/5/2001, which is produced across wp(c).no.9073 of 2015-h & - 8 - connected cases. the bar by the learned assistant solicitor general. the said circular speaks of rectification/correction in date of birth or place of birth in instances where the applicant himself had committed a mistake as also the mistake caused by the passport issuing authorities (pias), who issued the passport. in the latter case, the date of birth is corrected in the original passport issued and when the applicant has committed a mistake, the circular requires a procedure to be followed, wherein the applicant is required to surrender the passport with details of original date of birth entered as also authenticating documents with respect to the change necessitated along with an affidavit explaining the circumstances under which such a.....
Tag this Judgment! Ask ChatGPT.....of birth. that document was also not available when the earlier passport was issued. i am in perfect agreement with the said judgment, since the facts mandated invocation of the extraordinary remedy under article 226 of the constitution.9. the claim of the petitioners can only be considered under the circular issued by the ministry of external affairs numbered as vi/401/2/5/2001, which is produced across wp(c).no.9073 of 2015-h & - 8 - connected cases. the bar by the learned assistant solicitor general. the said circular speaks of rectification/correction in date of birth or place of birth in instances where the applicant himself had committed a mistake as also the mistake caused by the passport issuing authorities (pias), who issued the passport. in the latter case, the date of birth is corrected in the original passport issued and when the applicant has committed a mistake, the circular requires a procedure to be followed, wherein the applicant is required to surrender the passport with details of original date of birth entered as also authenticating documents with respect to the change necessitated along with an affidavit explaining the circumstances under which such a.....
Tag this Judgment! Ask ChatGPT.....below by relying on the judgments of the apex court as well as this court, came to the conclusion that the said judgments are not applicable to the facts of the present case.7. the court below while dealing with the suit settlement document dated 10.06.1997 came to the conclusion that the recitals of the said document show that first defendant has executed the settlement deed in favour of the 1st petitioner out of love and affection in respect of the suit property and he has also delivered possession of the same to the first petitioner and further recited that the 1st plaintiff shall enjoy the property with absolute rights and further recited to execute registered document as and when requested by the 1st petitioner. these recitals of the document dated 10.06.1997 clearly show that the suit property was settled and possession was delivered to the 1st petitioner with absolute rights. since absolute rights are conferred by virtue of the said document, the same is required to be properly stamped and registered under section 17 (1) of the registration act, 1908. section 17 (1) of the registration act reads as follows:17. documents of which registration is compulsory: (1) the.....
Tag this Judgment! Ask ChatGPT.....of birth. that document was also not available when the earlier passport was issued. i am in perfect agreement with the said judgment, since the facts mandated invocation of the extraordinary remedy under article 226 of the constitution.9. the claim of the petitioners can only be considered under the circular issued by the ministry of external affairs numbered as vi/401/2/5/2001, which is produced across wp(c).no.9073 of 2015-h & - 8 - connected cases. the bar by the learned assistant solicitor general. the said circular speaks of rectification/correction in date of birth or place of birth in instances where the applicant himself had committed a mistake as also the mistake caused by the passport issuing authorities (pias), who issued the passport. in the latter case, the date of birth is corrected in the original passport issued and when the applicant has committed a mistake, the circular requires a procedure to be followed, wherein the applicant is required to surrender the passport with details of original date of birth entered as also authenticating documents with respect to the change necessitated along with an affidavit explaining the circumstances under which such a.....
Tag this Judgment! Ask ChatGPT.....that the impugned order of the g.r.c. is unsustainable purely on the count of there being no jurisdiction vested in the g.r.c. to consider the factum of termination. 5. mr.girase, learned advocate submits that section 57 and section 59 of the universities act are indicative of the jurisdiction vested in the g.r.c. and the university and college tribunal. he further submits that the matters pertaining to orders of dismissal, removal, otherwise termination of service or reduction in rank were subject matter to be dealt with by the said tribunal. in contra distinction, the g.r.c. was to consider the grievances, which do not fall within the ambit of the tribunal. 6. section 57, 58 and 59 under chapter vii of the maharashtra universities act, 1994 read as under: âsection 57 grievances committee : (1) there shall be a grievances committee in each university to deal with the grievances of teachers and other employees of the university, colleges, institutions and recognised institutions and to hear and settle grievances as far as may be practicable within six months, and the committee shall make a report to the management council. (2) it shall be lawful for the grievances.....
Tag this Judgment! Ask ChatGPT.....of sessions. 9. charge came to be framed against respondent/accused, vide exh.15. she pleaded not guilty to the charge and claimed to be tried. the factum of relationship inter se between the parties is not in dispute. however, regarding commission of offence, her defence was of total denial. according to accused, her relations with complainant were not cordial. he had filed divorce proceedings against her and to take revenge she was falsely implicated. 10. on going through the evidence adduced in the case, the learned additional sessions judge acquitted the accused of the offences as referred hereinbefore. hence, this appeal by the state and revision by the complainant. 11. we have heard the learned advocates for the parties. after giving anxious consideration to the facts and circumstances of the case, submissions advanced on behalf of the parties, evidence on record and the judgment delivered by the learned additional sessions judge, for the below-mentioned reasons, we are of the opinion that there is no merit in the appeal and the revision. 12. at the outset, it may be mentioned here that edifice of the prosecution case rests on the twofold evidence: (i) ocular version of pw.....
Tag this Judgment! Ask ChatGPT.....there he succumbed to the injuries later. 3. there are eye witnesses to the incident including the complainant. they have reiterated the above said factual aspects. considering the above said facts, the trial court has enlarged the other accused nos.3 to 7 on bail vide order dated : 25-4-2015 in cri.misc.no.222/2015 on the file of ii addl. dist. and sessions judge, raichur. the bail petition of these petitioners was rejected only on the ground that they are the important accused persons and there are certain other allegations against them. 4. on careful perusal of the complaint averments, there is no allegation against these petitioners that they have actually assaulted on the chest portion of the deceased, which is the root cause for the death of the deceased. there is no specific allegation so far as petitioner no.2 is concerned as to on which part of the body, he assaulted the deceased. the petitioner no.1 ( accused no.1 ) has assaulted the deceased on the left side of the eye. the learned counsel for the petitioners drawn my attention to the post mortem examination report which shows that the death was due to "respiratory failure due to blunt trauma to chest, leading to lung.....
Tag this Judgment! Ask ChatGPT.....the contentions, we are of the view that the following issues arise for our consideration: (i) whether the trial court was right in law and facts is decreeing the suit of the plaintiffs based on the evidence and material lead in? (ii) whether the judgment and decree of the trial court is perverse and interference is called for? 9. learned counsel for the appellants contends that the only grievance in the present appeal is with reference to items 28 and 33 of the suit schedule properties. it is contended that based on the cross-examination of p.w.1, there is a categorical admission that there two schedule properties are self-acquired properties of defendant 3. that the trial court in para 22 of its judgment has also narrated the same. that he has no grievance with regard to partition of the remaining properties, except items 28 and 33. that the rest of the order may be sustained. items 28 and 33 be declared as the self-acquired properties of the defendant 3. therefore, he contends that the appeal be allowed. 10. we have considered the lengthy contentions and have also examined the evidence on record. the trial court in considering the said evidence held in para 22 that.....
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