.....has vehemently submitted that such a blanket direction of the high court restraining the investigating officer from taking coercive measures, in the facts and circumstances of the case, was not warranted at all. 3.2 it is submitted that, as such, the original accused – respondent nos. 2 to 4 herein were already having the interim protection from the 4 learned sessions court, mumbai in the anticipatory bail application which was continued from time to time since last one year. it is submitted that, as such, the original accused were not co-operating with the investigation after having obtained the interim protection of arrest and, in fact, the investigating officer addressed a communication to the learned sessions court stating that the accused were not co-operating with the investigation. it is submitted that therefore thereafter and that too while enjoying the interim protection from arrest, to file an application for quashing after a period of almost one year and obtain such an order is nothing but an abuse of process. 3.3 it is submitted that, as such, no reasons whatsoever have been assigned by the high court while passing such an interim order of “no coercive measures to.....
Tag this Judgment! Ask ChatGPT.....dues from the corporate debtor, which are not a part of the resolution plan approved by the adjudicating authority?.3. we will first refer to the facts in each of these matters. civil appeal no.8129 of2019[ghanashyam mishra and sons private limited vs. edelweiss asset reconstruction company limited & others].4. orissa manganese & minerals limited (hereinafter referred to as “corporate debtor” or “omml”) was engaged in the business of mining iron ore, graphite, manganese ore and agglomerating iron fines into pellets through its facilities in orissa and jharkhand. the corporate insolvency resolution process (hereinafter referred to as “cirp”) was initiated in respect of the corporate debtor by an application under section 7 of i&b code filed by the state bank of india (hereinafter referred to as “sbi”) before the national company law tribunal, kolkata bench, kolkata (hereinafter referred to as “nclt”). 45. vide order dated 3.8.2017, company petition (i.b.) no.371/kb/2017 filed by sbi was admitted. shri sumit binani was appointed as interim resolution professional (hereinafter referred to as “irp”). upon admission of the said company petition, cirp was.....
Tag this Judgment! Ask ChatGPT.....up with applications for urgent hearing and vacating the status quo order and we took up the special leave petitions for consideration. 513. three factual aspects clinch the issue arising for our consideration. the first is that the second respondent was willing to subscribe to the sentiments of the petitioners, subject to certain conditions stipulated in the email dated 6.10.2020, but the petitioners could not comply with those conditions. the second is that subsequent to the disposal of the writ petition by order dated 3.11.2020, the ministry of defence passed an order dated 27.11.2020 rejecting the representation of the petitioners. this order has not been challenged by petitioners. obviously the petitioners cannot do anything with the warship, without the noc from ministry of defence and the letter of the ministry of defence dated 27.11.2020 has virtually put the lid on the aspirations of the petitioners. thirdly, the second respondent claims to have started the dismantling/recycling work three months ago and according to the certificate issued by the marine surveyors, about 35 to 40% work of dismantling had already been completed. the certificate of the surveyors shows.....
Tag this Judgment! Ask ChatGPT.....the pcr van has taken away the accused at rml hospital. i si and ct. vinod kumar no.2093/ nd left the spot and departed for the hospital to know the facts, where i received mlc no.62213/07 of ruchi ram jai puria s/o c.k. jai puria r/o h.n0.08, prithvi rai road, delhi age 27½ yrs. upon which the doctors have reported/opined "no evidence of any fresh injury for medical examination and smell of breath alcohal (+)" and mlc no.62214/07 of aman bangia s/o sh. s.k. bangia r/o 42-a, pkt.-c siddarth extn., new delhi- 14 age 27 years. upon which the doctors have reported/ mentioned/opined "no evidence of any fresh injury for medical examination and smell of breath alcohal (+). i si reached at the spot of accident where ct. anand parkash no.1226/nd, p.s. tilak mark, new delhi had come and got recorded his statement and from the mlc and place of occurrence a case u/s 279/427 of ipc and u/s 185 of m.v. act have been committed to be found, therefore the tehrir has been handed 5 over to ct. vinod kumar no.2098/nd. the number of case would be informed after registering the case.” [page 39 to 42 of paper book].5. as far as the case under section 279 of the ipc, it culminated in an order dated.....
Tag this Judgment! Ask ChatGPT.....however, the respondent no.5, who was 1 writ petitioner before high court had appeared and filed a counter affidavit dated 13.01.2021.4. the brief facts of the case necessary to decide this special leave petition are:- 4.1 the respondent no.5, bc sc st minority student federation, a registered society under the provisions of societies registration act, 1860 has filed the writ petition no.168 of 2020 as the public interest litigation praying for following reliefs:- (i) direct the respondent no.1 to implement its guidelines in true spirit in order to prevent covid-19 pandemic from spreading further, by its own machinery and state machinery in coordination to function effectively. (ii) direct the respondent no.4 to strictly follow the guidelines issued by respondent no.1 and their own guidelines by utilizing the state machinery effectively in order to prevent covid-19 pandemic from spreading further 2 (iii) direct the respondent no.3 to strictly follow the guidelines issued by respondent no.1, 4, and the honourable apex court in order to prevent covid-19 pandemic from spreading further (iv) direct the respondent no.4 to declare respondent no.3 premises as a red zone/containment.....
Tag this Judgment! Ask ChatGPT.....the monsoon is from 5th june to 15th october. that is how in the impugned order dated 9th june 2020 it is provided that no river bed sand mining will be allowed in rainy season from 5th june to 15th october.11. the legislature was conscious of the fact that period of actual quarrying operations could be affected due to rains or floods and therefore, it is provided in sub-rule 21 of rule 31-r of the said rules of 1994 that the sand quarrying permissions shall 6 be up to five years which period shall be inclusive non-quarrying periods like rainy season, floods and natural calamities.11. therefore, the impugned order imposing restriction of stopping of river bed sand mining from 5th june to 15th october 2020 cannot be faulted with. even otherwise, considering the nature of the impugned order, this is not a fit case to interfere in equitable and discretionary jurisdiction under article 226 of the constitution of india.12. the petition is accordingly rejected.13. the pending interlocutory application does not survive and is accordingly disposed of. sd/- chief justice sd/- judge ln
Tag this Judgment! Ask ChatGPT.....a petition under section 482 of the criminal procedure code (for short ‘cr.p.c.’) filed by the respondents no.2 and 3. 23. briefly stated, the facts of this case are that the appellant, who is a police constable, along with a sub inspector of police and another constable, were checking the vehicles passing by on the road in the evening on 21.07.2006, when at about 09:15 pm, one motorcycle was stopped, and when the rider (deepak gupta) was asked about the papers of the vehicle, instead of showing the papers, on the pretext of talking over mobile phone, he fled away and returned after about 20 minutes along with two ladies in one maruti car, one of whom was the respondent no.3ms. ratna gupta and the other was respondent no.2ms. usha gupta. the said ms. ratna gupta, who was herself an inspector in rajasthan police, alighted from the car and uttered caste related abuses to the appellant, and asked that what power did the appellant have to stop the motorcycle despite her (ratna gupta’s) name having been taken. she then caught hold of the collar of the appellant, slapped and beat him, and thereafter fled away from the place. an fir no.217 of 2006 of the said incident was.....
Tag this Judgment! Ask ChatGPT.....law. by an order dated 03.08.2016 the first appellant decided that there was no merit in the request for appointment of respondent’s son. it was observed in the order of rejection dated 03.08.2016 that the respondent was in employment and both her sons were shown as her dependents. it was further noted that the respondent’s husband was missing since 03.10.2002 and the respondent’s son was not entitled to seek compassionate appointment which is normally provided as a succour to the family of a deceased employee in harness. another reason given for rejecting the request for compassionate appointment was that a decision was taken in the meeting of directors (personnel) on 19.10.2013 that compassionate appointment cannot be provided to the dependents of missing employees (deemed death).5. the high court through its judgment dated 16.08.2018 set aside the order dated 03.08.2016 by holding that the note of 3 | pa ge discussions of the directors meet held at jaipur cannot be considered as policy decision and it cannot be the basis for rejection of the claim for compassionate appointment. the high court was of the view that the parties are bound by the national coal wage.....
Tag this Judgment! Ask ChatGPT.....are reasonable grounds for believing that the accused is “not guilty” of the alleged offence. there is a degree of difference between the satisfaction to be recorded by the court that there are reasonable grounds for believing that the accused is “not guilty” of such offence and 8 | pa ge the satisfaction to be recorded for the purposes of the 1967 act that there are reasonable grounds for believing that the accusation against such person is “prima facie” true. by its very nature, the expression “prima facie true” would mean that the materials/evidence collated by the investigating agency in reference to the accusation against the accused concerned in the first information report, must prevail until contradicted and overcome or disproved by other evidence, and on the face of it, shows the complicity of such accused in the commission of the stated offence. it must be good and sufficient on its face to establish a given fact or the chain of facts constituting the stated offence, unless rebutted or contradicted. in one sense, the degree of satisfaction is lighter when the court has to opine that the accusation is “prima facie true”, as compared to the opinion.....
Tag this Judgment! Ask ChatGPT.....into between the appellant and respondent no.4 for a period of one year. the high court, by the impugned judgment dated 23.03.2021, referred to the facts and thereafter held: “9. as mentioned above, clause 9 of the eligibility criteria is candid and clear requiring valid license of labour department. the said stipulation never mandates the license to be issued under the contract labour (regulation and abolition) act, 1970. in the wake of the purpose, which is to supply diet, therapeutic and non- therapeutic to the patients to the hospital, we fail to concede to the submissions of requirement of labour license under the contract labour (regulation and abolition) act, 1970. rather the submission of the petitioner that, the same is required under the odisha shops and commercial establishments act appears more acceptable. therefore, the contention of the opposite parties requiring the labour license under the contract labour (regulation and abolition) act, 1970 does not seem justified in view of the stipulation made in the tcn. when the submission of labour license (registration no.and date) by the petitioner under the odisha shops and commercial establishments act is not.....
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