.....that he was the person who had been collecting toddy after measuring the same from the tappers. one other aspect which assumes significance is the fact that the three tappers were attached workers of the shop for the previous year, being 2001-02 as also for the subsequent year, 2003-04. the contention raised by the petitioner on an alleged business conducted by the tappers is for the year 2002-03, in which he was the licensee.6. going by the definition of "employee", any person who is paid wages in connection with tapping or sale of toddy and who gets wages directly or indirectly from the employer would be employee under the welfare fund act. the evidence led before the authority clearly indicated that the petitioner was paying wages to the three tappers in addition to two other tappers and two salesmen wp(c).no.4641 of 2008 - 4 - employed in the shop. no restriction has been pointed out by which the abkari act or the rules framed thereunder specify the number of employees to be attached to a shop. the fact that the aforesaid three tappers were attached to the said shop in the previous year and the later year also is of some relevance. the writ petition is found to be devoid of.....
Tag this Judgment! Ask ChatGPT.....of the universities of rajasthan and udaipur as equivalent to the pre-university examination of the pre-university education board, bangalore. in fact the academic council took the view that first year b.sc. examination of any university outside the state of karnataka could not be recognised as equivalent to wa.1204/14 8 the first year b.sc. examination of the karnataka university and it would therefore seem to follow a fortiori that the first year b.sc. examination of the rajasthan or udaipur university was not regarded by the karnataka university as equivalent to the pre- university examination of the pre-university education board, bangalore. it is also evident from the second part of the condition of eligibility prescribed by the karnataka university that if a student did not fall in the first part he could be eligible under the second part only if he had passed b.sc. examination with physics, chemistry and mathematics and that mere passing of first year b.sc. examination would not be enough. there can therefore be no doubt that the appellants were not eligible for admission to the engineering degree course of the karnataka university and their admission was contrary to.....
Tag this Judgment! Ask ChatGPT.....use the vehicle as a goods carriage. he had relied upon the judgment in cheriyan's case (supra). the learned single judge, having taken note of the fact that the petitioner is an agriculturist and business man, formed an opinion that since the dominant use to which the petitioner intends to put the vehicle is for his agriculture and business activities, judgment in cheriyan's case (supra) is not applicable and hence dismissed the writ petition. that was also a case in which the petitioner intended to purchase the said vehicle. the respondent authorities have taken contentions similar to the those raised in w.a.no.51/2014.5. w.p.c.no.12504/2014 is filed seeking to challenge ext.p1 proceedings of the registering authority by which the request of the petitioner for alteration of the class of vehicle as a non-transport vehicle was refused. in that case, petitioner had purchased mahindra bolero camper. it was registered on 29/09/2003 as a light goods vehicle. he w.a.nos.1757/2013 & conn.cases 7 wanted to alter the class of vehicle as non-transport private vehicle. in this case also the respondent authorities have raised contentions similar to that in w.a.no.51/2014.6......
Tag this Judgment! Ask ChatGPT.....shall suffice except where reference of w.a. no. 1759 of 2014, etc. -:2. :- pleadings in some other writ appeals are necessary.2. the background facts giving rise to the writ petitions filed by the appellants are as follows: the co- operative academy of professional education (kerala), respondent no.3, is a society registered under the travancore cochin literary scientific and charitable societies registration act, 1955. the 3rd respondent has been running a medical college, namely kochi co- operative medical college, kalamassery which was treated under the category of self financing institutions. the state legislature enacted an act, viz., kerala professional colleges or institutions (prohibition of capitation fee, regulation of admission, fixation of non-exploitative fee and other measures to ensure equity and excellence in professional education) act, 2006. admission in various professional institutions including medical self financing institutions are being conducted on the basis of consensual agreement w.a. no. 1759 of 2014, etc. -:3. :- between the college concerned and the state government. agreement between the college and government relates to the manner of carrying.....
Tag this Judgment! Ask ChatGPT.....petitioner as he has relinquished his right to be appointed to the post of lower division clerk/sub group officer.4. having regard to the aforesaid factual issues, the learned single judge taking note of the contentions urged, dismissed the writ petition.5. heard learned counsel for the appellant as well as learned counsel for the respondents.6. it is argued by learned counsel for the appellant that as per ext.p4, proceedings of travancore devaswom board dated 01.07.2011, sl.no.xxvii(a), relates to various categories of employees of which peon grade ii, lascar, sweeper, gardner etc including watcher come under the same category. when ext.p1 circular has been extended to peons, the same benefit ought to have been granted to other categories of workers also. it is argued that, the petitioner who had opted for being appointed as lower division clerk, as he was qualified to the said post, was entitled to be appointed as lower division clerk/sub wa no. 1008 of 2014 -:4:- group officer and the contrary view taken by the board is absolutely illegal. reference was also made by learned counsel for the appellant on exts.p7, p8 and p9 orders by which certain other persons were also.....
Tag this Judgment! Ask ChatGPT.....public prosecutor appearing for the respondent/state argued that the courts below have concurrently, on the basis of the evidence and appreciating facts, came to the conclusion that the revision petitioner was the clerk, who prepared the bill and encashed the amount and he disbursed the amount also. further, the crl.r.p.no.2735 of 2004 8 evidence will go to show that he was working there and he was conversant with the things transpiring in the school and the second accused was a headmaster only for a short period and misusing that opportunity, he had prepared a false bill and withdrawn the amount. further, for an offence under section 477(a) of the indian penal code, it is only to be proved that false entries were made in preparing a document with an intention to draw the amount and if it is materialized, whether he has misappropriated or not is irrelevant and in this case, the evidence will go to show that it was he who prepared the bill and presented the bill for encashment and withdrew the amount and disbursed the amount to some extent and thereby the prosecution has proved beyond reasonable doubt that he had committed the offence and the appellate court was perfectly.....
Tag this Judgment! Ask ChatGPT.....in having received rents in respect of the premises subsequent to the termination of the tenancy and during the pendency of the suit. it is, in fact, not in dispute that the defendant has paid the rents and the plaintiff has received the same up to date, even as on the date of hearing of this appeal. the defendant had contended that by virtue of such receipt of rents, after termination of the tenancy and during the pendency of the suit, the plaintiff had waived the notice to quit, issued prior to the suit. and hence the suit for ejectment based on such notice was no longer maintainable. it is also pointed out that the trial court has negated the above contention on the basis of a judgment of the apex court which, however, did not refer to and consider - earlier judgments by larger benches, wherein the view expressed was otherwise. it is also contended that the notice of termination, issued by the plaintiff dated 21.8.2008, stood waived by virtue of a second notice of termination of the tenancy, dated 12.5.2009, thereby treating the tenancy as subsisting between the period of the first notice and the second. the trial court having negated the above contentions of the.....
Tag this Judgment! Ask ChatGPT.....from kumar liquors. he has invited attention to cross examination of said person mr. sudhirkumar sinha, to show that he claimed to be aware of all facts and of accounts between parties. after his cross examination, a power of attorney was executed in his favour on 17.8.1998. learned counsel also states that during his cross examination, mr. sinha expressly refused to produce account books of bda. 11. he points out that, in this situation, when the excise inspector posted at the go-down of kumar liquors has not been examined, trial court could not have relied upon evidence of excise inspector posted at the go-down of bda limited and on that strength, recorded a finding that goods disclosed in various invoices or indents produced by m/s. bda limited were received by kumar liquors. said inference is unsustainable and bad. as the accounts were not produced and trial court noted that invoices did not reflect correct position, and it also found that payment in excess of rs. 1,88,59,832/- was suppressed by m/s. bda limited, the suit filed by bda limited ought to have been dismissed. he contends that effort made by trial court to reconcile accounts by perusing various vouchers /.....
Tag this Judgment! Ask ChatGPT.....exhibit 36 seeking amendment of the appeal memo in civil appeal no.222 of 2012, came to be rejected. 4. shorn of unnecessary details, a few facts can be stated thus. the appeal in question i.e. civil appeal no.222 of 2012 is directed against the decree passed in special civil suit no.395 of 1989 for specific performance of the contract. the suit in question was dismissed. against the said decree of dismissal, first appeal no.765 of 2006 came to be filed. since at the relevant time in the year 2006 this court had the jurisdiction, the said first appeal was filed in this court. the said first appeal had come up for admission before a learned single judge of this court on 12-4-2006 when the same came to be admitted and interim reliefs were thereafter granted on 17-11-2006 by allowing the civil application filed in the said first appeal. it seems that the first appeal came to be dismissed for default on account of non compliance of the order dated 12-4-2006 in the matter of filing of the paper book. it appears that after the first appeal was dismissed for default that a sale deed came to be executed by the respondent no.1 in favour of the persons who are joined as the.....
Tag this Judgment! Ask ChatGPT.....after deducting 25% towards contributory negligence on the part of the deceased, as against their claim for rs.20.00 lakhs, is inadequate. 3. the facts in brief are that, the appellant nos.1 and 2 are the parents, appellant no.3 is the wife and appellant no.4 is the minor daughter of deceased satisha k. they filed the claim petition under section 166 of the motor vehicles act, contending that, at about 9:30 p.m, on 20-01-2012, when the deceased was riding the bajaj pulsar motor cycle bearing registration no.ka-05/he-8198, and proceeding slowly towards nice road from kalena agrahara road, near kabab magic hotel, on bannerghatta main road, a medium goods vehicle (eicher) bearing registration no.ka-04/b-6597 came from the opposite direction, at a high speed, in a rash and negligent manner and dashed against the motor cycle of the deceased. due to the impact, the deceased sustained grievous injuries to his head and other injuries all over the body and immediately he was shifted to nimhans hospital, where he was treated as in-patient, but unfortunately, he succumbed to the said injuries in the hospital, on the following day, i.e. on 21-01-2012. 4. it is the case of the appellants.....
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