.....order passed against them of dismissal from service and, inter alia, had sought for their reinstatement in service.2. since common questions of fact and law arise for consideration, we are disposing of the two writ petitions by a common judgment.3. the facts, in a nut shell are that based on the information revealed when naik partap singh of 501 survey engineer group was interrogated, both the petitioners along with two other army personnel and a civilian were arrested for their involvement in espionage activities, commonly referred to as the ‘roorkee espionage case’.4. proceedings under the provisions of the official secrets act, 1923 were initiated against all the accused, including the petitioners. while the civilian was tried and sentenced to undergo seven years’ rigorous imprisonment by the court of sessions, the trial of the petitioners and other accused army personnel was taken over by the army authorities under section 125 of the army act. accordingly, the hearing of the charges framed against the accused commenced and the summary of evidence was recorded. thereafter, the case was forwarded to the general commanding officer who, after satisfying himself that a.....
Tag this Judgment! Ask ChatGPT.....the case of sub. (bs) s.k.shah, the kolkata bench further held that the seniority of the mes personnel has to be protected in the merged cadre.6. a fact needs to be noted by us to throw clarity on the reasoning of the aforenoted two views taken by the principal bench and the kolkata bench of the armed forces tribunal. the same was that the personnel in the mes who had joined the cadre after having worked in the indian army had not only become eligible for promotion and there were promotional posts available, but were not promoted in the mes because the government was contemplating the policy decision to effect the merger. the grievance of these persons was that had they been promoted in the year when promotional posts were available, on merger, they would have joined service in the indian army not at the post held by them but at the promoted post.7. the said decisions of the two benches of the armed forces tribunal have since attained finality because the government of india did not challenge the said decisions and the impugned decision would reveal that the learned additional solicitor general, who appeared before the armed forces tribunal, principal bench at delhi fairly.....
Tag this Judgment! Ask ChatGPT.....the case of sub. (bs) s.k.shah, the kolkata bench further held that the seniority of the mes personnel has to be protected in the merged cadre.6. a fact needs to be noted by us to throw clarity on the reasoning of the aforenoted two views taken by the principal bench and the kolkata bench of the armed forces tribunal. the same was that the personnel in the mes who had joined the cadre after having worked in the indian army had not only become eligible for promotion and there were promotional posts available, but were not promoted in the mes because the government was contemplating the policy decision to effect the merger. the grievance of these persons was that had they been promoted in the year when promotional posts were available, on merger, they would have joined service in the indian army not at the post held by them but at the promoted post.7. the said decisions of the two benches of the armed forces tribunal have since attained finality because the government of india did not challenge the said decisions and the impugned decision would reveal that the learned additional solicitor general, who appeared before the armed forces tribunal, principal bench at delhi fairly.....
Tag this Judgment! Ask ChatGPT.....the case of sub. (bs) s.k.shah, the kolkata bench further held that the seniority of the mes personnel has to be protected in the merged cadre.6. a fact needs to be noted by us to throw clarity on the reasoning of the aforenoted two views taken by the principal bench and the kolkata bench of the armed forces tribunal. the same was that the personnel in the mes who had joined the cadre after having worked in the indian army had not only become eligible for promotion and there were promotional posts available, but were not promoted in the mes because the government was contemplating the policy decision to effect the merger. the grievance of these persons was that had they been promoted in the year when promotional posts were available, on merger, they would have joined service in the indian army not at the post held by them but at the promoted post.7. the said decisions of the two benches of the armed forces tribunal have since attained finality because the government of india did not challenge the said decisions and the impugned decision would reveal that the learned additional solicitor general, who appeared before the armed forces tribunal, principal bench at delhi fairly.....
Tag this Judgment! Ask ChatGPT.....purpose of letting.11. the petitioners filed two rent receipts exhibit pw2/2 and pw2/3 to prove that the premises are residential which was the only fact urged before this court. in the cyclostyled rent receipts, in column no.2, it is mentioned “number and kism makan”. the case of the petitioners is that they have different receipts for tenancies regarding the residential and commercial purposes. in the tenancy for residential purposes, they were issuing receipts wherein the words “kism and makan” were mentioned in column no.2 thereby saying that the purpose of letting out was residential. no other document was proved by the petitioners. however, a perusal of these documents would show that the same were not sufficient to prove that the tenancy was let out for residential purposes.12. the learned rent control tribunal thus considered the site plan of the tenanted premises which consisted of two rooms and open courtyard at ground floor at 10343/7784, gali no.3, ram nagar, paharganj, new delhi. there is no gainsaying that if the premises is let out for residential purposes, a kitchen is essentially required. however, there is no averment either in the eviction petition or.....
Tag this Judgment! Ask ChatGPT.....clerks (udc) in the central secretariat clerical service (cscs). by the impugned order, cat accepted their contentions and allowed the application. facts of the case 2. the parties belong to the cscs, and are governed by the cscs rules, 1962. cscs consists of two cadres, i.e. lower division clerks (ldcs), and upper division clerks (udcs), and a separate cadre unit in respect of those two grades of cscs exists for each central government ministry. the select list for udcs in each such cadre unit is determined by the department of personnel & training (“dopt”). all ldcs who have completed eight years approved service and possess the benchmark “good” in their annual confidential reports/annual performance appraisal reports (“acrs/apars”) are eligible for promotion as udcs on seniority-cummerit basis. the cscs recruitment rules (rrs) also provides for accelerated promotion to the udcs' level. 75 % of udcs vacancies are filled up by way of seniority-cum-merit (i.e. “seniority quota”), and the balance 25% udc vacancies are filled up by way of a limited departmental competitive examination (“ldce”), the eligibility criteria for which is five years of qualifying.....
Tag this Judgment! Ask ChatGPT.....order passed against them of dismissal from service and, inter alia, had sought for their reinstatement in service.2. since common questions of fact and law arise for consideration, we are disposing of the two writ petitions by a common judgment.3. the facts, in a nut shell are that based on the information revealed when naik partap singh of 501 survey engineer group was interrogated, both the petitioners along with two other army personnel and a civilian were arrested for their involvement in espionage activities, commonly referred to as the ‘roorkee espionage case’.4. proceedings under the provisions of the official secrets act, 1923 were initiated against all the accused, including the petitioners. while the civilian was tried and sentenced to undergo seven years’ rigorous imprisonment by the court of sessions, the trial of the petitioners and other accused army personnel was taken over by the army authorities under section 125 of the army act. accordingly, the hearing of the charges framed against the accused commenced and the summary of evidence was recorded. thereafter, the case was forwarded to the general commanding officer who, after satisfying himself that a.....
Tag this Judgment! Ask ChatGPT.....the candidates answering the questions had given any indication in the answer sheets to reveal their identity. the expert shall also note the fact that the high court had examined the answer sheets and had cleared 8 answer sheets, wherein the candidates had not given any indication with regard to their identity. the expert shall forward his report to the upsc and the said report shall be forwarded by the upsc along with its comments in a sealed cover to this court. the expert shall look into the said 8 answer sheets for the purpose of ascertaining the basis upon which, the said eight answer sheets were found flawless and follow the same criteria. the tnpsc shall forward the 8 answer sheets which have been cleared by the high court of madras to the upsc. thus, two sets of answer sheets, namely, 65 & 8 shall be put in two separate sealed covers and be forwarded to the upsc along with all the instructions which had been given to the candidates who had undertaken the examination within two weeks from today. the upsc shall complete the aforesaid exercise within two months from the date of receipt of the aforesaid material by it. list on 06.05.2015 at 02.00 pm. interim order,.....
Tag this Judgment! Ask ChatGPT.....the defendant no.1 has averred that there was an arbitration agreement between the parties to refer the dispute within the limits of chennai. this fact finds mention in various invoices filed on record by the plaintiffs. the claim is contested by the plaintiffs.3. i have heard the learned counsel for the parties and have examined the file. learned counsel for the defendant no.1 urged that invoices filed on record by the plaintiffs, which are not in dispute, illustrate that there was an agreement between the parties to refer the disputes to arbitration. this fact was concealed by the plaintiffs in the plaint. the proceedings are liable to be stayed under section 8 of the arbitration and conciliation act, 1996. it is further stated that provisions of section 26 of the multimodal transportation of goods act, 1993 (act no.28 of 1993) are applicable. reliance has been placed on „orchid electronics vs.vinitec electronics pvt. ltd.‟, 2007 (supp.) alr266(delhi). learned counsel for the plaintiffs contended that there was no arbitration agreement between the parties any time and the dispute raised in the instant suit is beyond the scope of the alleged arbitration agreement.4. the.....
Tag this Judgment! Ask ChatGPT.....to disclose before the court in athens that it had already obtained an ex-parte injunction order in the present proceedings and having regard to the fact that aggrieved by the purported illegal termination of the subject contract, bhel has elected to approach the courts in athens by its own admission, the present suit would not be maintainable in the courts in india. to demonstrate that the defendant no.2 has stepped into the shoes of the defendant no.1/ppc for all intents and purposes, learned counsel for the defendant no.2 had referred to the greek national gazette dated 22.08.2011, whereunder the legal and operational unbundling of the activity of the defendant no.1 had taken place and the defendant no.2, who was earlier a subsidiary company, was demerged from the defendant no.1.6. the reply stated to have been filed by the plaintiff/bhel in opposition to mr. this chandhiok, application learned is senior not on advocate record. however, appearing for the plaintiff/bhel had waived the reply and sought leave to address arguments in response. he vehemently opposed the present application and questioned the locus standi of the defendant no.2 to file the present application on the.....
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