.....the academic session 20162017 in glocal medical college, which was affiliated to the glocal university, a deemed university.3. the bare necessary facts giving rise to the present review petitions are thus:4. the review petitioners appeared in the national eligibilitycum entrance test (hereinafter referred to as ‘neet’), 2016 and qualified the same. according to the review petitioners, therefore, they became eligible to get admission in mbbs course. 25. vide notification dated 31.8.2016, the state of uttar pradesh issued a direction for conducting centralized counselling for admission to mbbs/bds course in all colleges/universities in the state of uttar pradesh, including private colleges and minority institutions and further prescribed the schedule and procedure for counselling, reservation, eligibility criteria for admission, etc.6. vide another notification dated 2.9.2016, the state of uttar pradesh directed that 50% of the sanctioned intake of private institutions shall be reserved for students who had domicile of state of uttar pradesh. the said direction was issued in respect of all the private institutions (excluding minority institutions) after deducting the.....
Tag this Judgment! Ask ChatGPT.....the registered deed of cancellation dated page 1 of 1602.02.1963 (exbt c) whereby, the exbt 2 will, was revoked by the testator. relevant facts2 rajendra singh (since deceased) had executed a will on 14.09.1960 (exbt2) in favour of the applicant sarjug singh. the executant died issueless on 21.08.1963 leaving behind his sister duler kuer, wife of late thakur prasad singh and nephew yugal kishore singh and also the probate applicant sarjug singh. the case of the applicant is that the testator’s wife died long ago and therefore rajendra singh who was issueless bequeathed his property in village pojhi bujurg and pojhi kapoor, districtsaran, bihar by executing the will (ext.2) favouring the respondent sarjug singh (since deceased).3. in the probate proceeding initiated by sarjug singh i.e. probate case no.19/1967, objection was filed by shyam sunder kuer alias raj bansi kuer (claiming to be the second wife and widow of the testator). khedaran kuer also opposed the applicant and she claimed to be the widow of jamadar singh who was the son of late jag jitan singh (brother of the testator rajendra singh). according to the objectors, the will favoring sarjug singh was.....
Tag this Judgment! Ask ChatGPT.....the order dated 30th july, 2016 passed by the i additional civil judge and jmfc, udupi in c.c.2719 of 2016, arising out of cr.no.387 of 2009.2. facts in brief are as follows:- the wife of the 2nd respondent/complainant had borrowed finance from the karnataka state finance corporation (‘the corporation’ for short), and had established sri durga printers and 3 sri durga printers conventional hall in the city of brahmavar. having defaulted in repayment of loan in terms of the conditions of loan, the property of the 2nd respondent and his wife, was brought to sale by way of public auction. the petitioner who was a participant in the said auction became the highest bidder of the property and the property was directed to be handed over to the successful auction purchaser i.e., the petitioner. the complainant claiming that the property was worth more than rs.55/- lakhs had been sold at rs.29/- lakhs by the corporation, made a hue and cry and filed objections to the auction proceedings.3. all the efforts of the 2nd respondent to stall auction process or even issuance of sale certificate in favour of the petitioner went in vain. thereafter, according to the complainant on.....
Tag this Judgment! Ask ChatGPT.....proceedings. 248.9 the 2nd respondent – principal secretary, revenue department has also filed his affidavit, independently, reiterating the said facts.9. thereafter, by proceedings dated 24.09.2016, the petitioner was intimated of the fixation of the market price. the same was resisted by the petitioner by way of a writ petition canvassed on the short ground that the same was passed without affording an opportunity of personal hearing, as directed by the hon’ble apex court under the order dated 16.01.2014 and prayed for quashing of the proceedings of the sub-committee dated 24.08.2016. 9.1 upon which, a memo came to be filed by the state praying that the impugned proceedings of the sub-committee be treated as a show-cause notice and that the sub- committee will afford a personal hearing to the appellant. taking note of the same, the co-ordinate bench disposed of 25 the petition by directing the petitioner to appear before the chief secretary/cabinet sub-committee.10. pursuant to the same, the petitioner submitted one more objections to the decision of the sub-committee report. a perusal of the statement of objections (apparently submitted prior to the personal hearing).....
Tag this Judgment! Ask ChatGPT.....the order passed by the first appellate court on 14.1.2000 was affirmed, while dismissing the suit for redemption of the mortgage property.2. brief facts leading rise to the present appeal are that the plaintiff was the owner of 20 gunthas of agricultural land1 situated in village khunte. the plaintiff was in need of money so he borrowed rs.3,000/- from defendant no.1 on 22.2.1969 by executing a 1 for short, the ‘suit land’ 1 document titled “conditional sale deed” as a security for the loan amount. the plaintiff requested defendant no.1 to reconvey the suit land by accepting the loan amount of rs.3,000/- but defendant no.1 refused to do so. on 25.2.1989, defendant no.1 transferred the suit land in favour of his brother (defendant no.2). the plaintiff filed a suit against the defendants on 5.4.1989 under the transfer of property act, 18822 for redemption of mortgaged property and possession. the claim of the plaintiff is that the transaction dated 22.2.1969 was in the nature of mortgage even though it was titled as the conditional sale.3. the entire dispute revolves around whether the document dated 22.2.1969 is a document of conditional sale or a mortgage?.4. before we.....
Tag this Judgment! Ask ChatGPT.....149, 406, 329 and 386 ipc; that the learned additional chief metropolitan magistrate, kanpur nagar, by order dated 07.09.2015, after perusal of the facts mentioned in the application/complaint and documents and having found a prima facie case of cognizable offence and having observed that the police is required to investigate the same, allowed the said application under section 156(3) cr.p.c. and directed the concerned station house officer to register the first information report and investigate it in accordance with law. 2.1 that thereafter the concerned sho registered the fir as case crime no.0645 of 2015 against the private respondents herein for the offences under sections 147, 148, 149, 406, 329 and 386 ipc. as per the allegations in the fir, one munni devi was the owner of plot no.1342, w block 2 yojna juhi kala, damodar nagar, admeasuring 387 sq.ft.; that she appointed the complainant – kaptan singh as her power 2 of attorney holder to take care of the said plot; that munni devi wanted to sell the said plot; that she entered into a registered agreement to sell with one mamta gupta – respondent no.3 herein on 27.10.2010 for a total sale consideration of.....
Tag this Judgment! Ask ChatGPT.....by necessary and distinct implication. dogmatically framed, the rule is no more than a presumption, and thus could be displaced by outweighing factors.8. learned counsel for the appellants also referred to a judgment of this court in d.s. nakara & ors. v. union of india5 to contend that the cut-off date as 24.5.2010 has created two categories of employees, first who have attained the age of superannuation before the said date and second who have superannuated on or after 24.5.2010. such classification is illegal and arbitrary in 4 (2015) 1 scc15 (1983) 1 scc3054 nature.9. on the other hand, mr. vikramjit banerjee, learned counsel for the union has argued that d.s. nakara’s case deals with pensioners, who get recurring benefit every month whereas, the gratuity is one-time payment. this court has held that the cut-off date so as to grant benefit of pension to the retirees after the cut-off date and to deny the retirees pension before the cut-off date is arbitrary. it was thus argued that benefit of gratuity stands on different footing, then recurring right of payment of pension. this court held as under: “38. what then is the purpose in prescribing the specified date.....
Tag this Judgment! Ask ChatGPT.....pleader appearing for the 1st respondent, sri. s.v. desai, learned counsel appearing for the 2nd respondent and perused the material on record.3. facts in brief, as borne out from the pleadings are as follows: the 2nd respondent - mysuru urban development authority (hereinafter referred to as ‘muda’ for short) conducted an e-auction to dispose of a site bearing no.4438 at vijayanagara ii stage, mysuru on 08-01-2016. the petitioner participated in the e- auction process and was declared to be the highest bidder, bidding the same for rs.19,60,000/- and in terms of auction notification deposited 25% of bid amount i.e., rs.4,90,000/-. on 02.02.2016, the muda issued confirmation letter and further directed the petitioner to pay balance amount of rs.14,70,000/- within 45 days. 44. it is the claim of the petitioner that he approached muda requesting to receive the balance amount. but, the cash branch of muda intimated that original file had not yet been sent to receive any amount from the hands of the petitioner. time passed by and the petitioner again made an application on 30.08.2016, requesting muda to permit him to deposit balance amount. pending those requests, muda.....
Tag this Judgment! Ask ChatGPT.....by which the seniority list was issued showing the petitioners below the district judges who were promoted through lce in the year 2009.3. the brief facts in writ petition (c) no.997 of 2020 are that the petitioner was appointed as a district judge (entry level) in the direct recruitment to the higher judicial services in the state of madhya pradesh on 27.05.2008. he preferred representations between 02.08.2010 and 31.05.2014 for determination of seniority on the basis of 40 point roster, as per the directions of this court in all india judges’ association & ors. v. union of india and ors.1 the representations preferred by him were rejected on 11.09.2019 on the ground that the 2017 rules came into force with effect from 13.03.2018 and are prospective in operation. the petitioner was informed that the roster for determining the inter-se seniority of the district judges shall be implemented after 13.03.2018.4. according to the 1994 rules, the method of appointment to the post of district judges (entry level) was either by direct recruitment or promotion. on 21.03.2002, this court approved the recommendations of justice shetty commission. one of the issues that was considered by.....
Tag this Judgment! Ask ChatGPT.....gupta (supra) is contrary to the law laid down by this court in all india judges’ association’s case. much stress was laid by mr. dave on the fact that introducing a channel of appointment 14 | pa ge to district judges would only be providing a method of recruitment and no more. the incentive that was directed to be given to junior officers working as civil judges for promotion as district judges solely on the basis of merit would be defeated if their seniority in the cadre of district judges is not determined on the basis of their merit in lce.16. the reason for introduction of promotion through lce is to improve the calibre of the members of higher judicial services. such of those meritorious candidates who have been promoted on the basis of lce cannot be deprived of their seniority on the basis of merit in the examination. in any event, 50 per cent of the posts of district judges shall be filled by promotion on the principle of merit-cum-seniority. the dispute in this case concerns seniority inter se amongst those who have been promoted through lce.17. rule 11 (1) of the 2017 rules makes it clear that the relative seniority of members of the service who are holding.....
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