.....1 : mr.p.kandasamy government advocate (crl.side) for rr2to 5 : mr.m.ajmal khan for m/s.ajmal associates :judgment the revision petitioner is the defacto complainant/p.w.1 in c.c.no.404 of 2000 on the file of the court of judicial magistrate no.3, trichy. the first respondent, on the basis of the complaint received from p.w.1/defacto complainant on 03.04.2000, has registered an f.i.r in crime no.203 of 2000 against respondents 2 to 6/accused 1 to 5 for the commission of offences punishable under sections 147, 363, 365, 323 and 506(ii) i.p.c., with regard to the alleged abduction and causing injury to p.w.1/defacto complainant, on 27.03.2000.2. the trial court, on the basis of oral and documentary evidences, has convicted a.1 to a.5 for the commission of offence under section 147 i.p.c and sentenced them to undergo rigorous imprisonment for one year each and also convicted them for the commission of offence under section 365 i.p.c and sentenced them to undergo rigorous imprisonment for three years each. for the commission of offence under section 323 i.p.c., a.2 & a.3 were convicted and sentenced to undergo simple imprisonment for one year each and for the commission of offence.....
Tag this Judgment! Ask ChatGPT.....the 2nd respondent has disposed the stay petitions by directing the petitioner to pay 30% of the demand, and furnish adequate security to the satisfaction of the assessing authority for the balance amount, within a period of 45 days of receipt of the orders, as a condition for the grant of the stay. exts.p17 to p24 are impugned in the writ petition inter alia on the ground that the 2nd respondent while passing orders in the stay petition did not validly exercise his discretion under the act.2. i have heard sri.anil.d.nair, the learned counsel for the petitioner and smt.sobha annamma eappen, the learned government pleader for the respondents.3. on a consideration of the facts and circumstances of the w.p.(c).no.33686 of20142 case and the submissions made across the bar, i find that in the orders impugned in the writ petition, the 2nd respondent has considered the various submissions put forward by the petitioner and noticed that the petitioner had not produced documents to substantiate his contention that the interstate movement of the goods was in fact a stock transfer and not an interstate sale. although, admittedly there were no f-forms to substantiate the contention.....
Tag this Judgment! Ask ChatGPT.....officer, the request for compassionate appointment has been rejected. further in the counter affidavit, it is stated that in addition to the said factors it was also noticed that the petitioner's father late p.r.john had constructed a house in 5 cents of property and that the family was also paid retirement benefits (in addition to family pension). having considered the said factual situation, the request was denied. in the counter affidavit in addition to the aforesaid factual situation, it is also mentioned that the respondents had to consider the number of vacancies for direct recruitment and only 5% of the vacancies falling under the direct recruitment can be filled with compassionate appointment. under these circumstances, the respondents justified the stand taken by the committee in rejecting the claim of the petitioner.4. the learned single judge having considered the rival claims, observed that in so far as the matter has been considered by a duly constituted committee and a decision was rendered by the said committee, which is neither arbitrary nor actuated by any mala fides, there is no reason to w.a. no.2124 of 2010 -:4. :- interfere with the decision making process.....
Tag this Judgment! Ask ChatGPT.....loss of earning capacity will not be 100% as in the case of a driver or carpenter, nor 60% which is the actual physical disability, but far less. in fact, there may not be any need to award any compensation under the head of 'loss of future earnings', if the claimant continues in government service, though he may be awarded compensation under the head of loss of amenities as a consequence of losing his hand. sometimes the injured claimant may be continued in service, but may not found suitable for discharging the duties attached to the post or job which he was earlier holding, on account of his disability, and may therefore be shifted to some other suitable but lesser post with lesser emoluments, in which case there should be a limited award under the head of loss of future earning capacity, taking note of the reduced earning capacity.” 6. immediately after the accident on 10.09.2005, respondent no.1 was removed to birender hospital at loyo chowk, konsewas road, riwari, haryana. on the next date, i.e. , on 11.09.2005, he was shifted to safdarjung hospital where he remained admitted till 30.09.2005. thereafter, respondent no.1 remained an outdoor patient (opd) for a period of.....
Tag this Judgment! Ask ChatGPT.....company has not only to show that the driving licence produced by the driver of the offending vehicle is fake but also to the effect that this fact was in the knowledge of the insured and despite of which he permitted the driver to drive a vehicle. the contract of the insurance is a contract between the insured and insurance company. simply for the reason that dl produced by the driver of the offending vehicle has been found fake does not mean that owner/insured of the said vehicle was also aware of this fact. the positive evidence on this point is the responsibility of the insurance company to place on record. the insurance company in the instant case has only come up with half covered evidence on the point of proving that dl is fake but that would not complete their task to avoid responsibility unless and until they further go on to prove that owner despite being alive to the fact that the driver holding a fake licence permitted him to drive the said vehicle. serving of the notice under order 12 rule 8 cpc to the owner by the insurance company is not considered to be sufficient. in order to discharge the burden by the insurance company the insurance company was still able.....
Tag this Judgment! Ask ChatGPT.....officer, the request for compassionate appointment has been rejected. further in the counter affidavit, it is stated that in addition to the said factors it was also noticed that the petitioner's father late p.r.john had constructed a house in 5 cents of property and that the family was also paid retirement benefits (in addition to family pension). having considered the said factual situation, the request was denied. in the counter affidavit in addition to the aforesaid factual situation, it is also mentioned that the respondents had to consider the number of vacancies for direct recruitment and only 5% of the vacancies falling under the direct recruitment can be filled with compassionate appointment. under these circumstances, the respondents justified the stand taken by the committee in rejecting the claim of the petitioner.4. the learned single judge having considered the rival claims, observed that in so far as the matter has been considered by a duly constituted committee and a decision was rendered by the said committee, which is neither arbitrary nor actuated by any mala fides, there is no reason to w.a. no.2124 of 2010 -:4. :- interfere with the decision making process.....
Tag this Judgment! Ask ChatGPT.....the 2nd respondent has disposed the stay petitions by directing the petitioner to pay 30% of the demand, and furnish adequate security to the satisfaction of the assessing authority for the balance amount, within a period of 45 days of receipt of the orders, as a condition for the grant of the stay. exts.p17 to p24 are impugned in the writ petition inter alia on the ground that the 2nd respondent while passing orders in the stay petition did not validly exercise his discretion under the act.2. i have heard sri.anil.d.nair, the learned counsel for the petitioner and smt.sobha annamma eappen, the learned government pleader for the respondents.3. on a consideration of the facts and circumstances of the w.p.(c).no.33686 of20142 case and the submissions made across the bar, i find that in the orders impugned in the writ petition, the 2nd respondent has considered the various submissions put forward by the petitioner and noticed that the petitioner had not produced documents to substantiate his contention that the interstate movement of the goods was in fact a stock transfer and not an interstate sale. although, admittedly there were no f-forms to substantiate the contention.....
Tag this Judgment! Ask ChatGPT.....officer, the request for compassionate appointment has been rejected. further in the counter affidavit, it is stated that in addition to the said factors it was also noticed that the petitioner's father late p.r.john had constructed a house in 5 cents of property and that the family was also paid retirement benefits (in addition to family pension). having considered the said factual situation, the request was denied. in the counter affidavit in addition to the aforesaid factual situation, it is also mentioned that the respondents had to consider the number of vacancies for direct recruitment and only 5% of the vacancies falling under the direct recruitment can be filled with compassionate appointment. under these circumstances, the respondents justified the stand taken by the committee in rejecting the claim of the petitioner.4. the learned single judge having considered the rival claims, observed that in so far as the matter has been considered by a duly constituted committee and a decision was rendered by the said committee, which is neither arbitrary nor actuated by any mala fides, there is no reason to w.a. no.2124 of 2010 -:4. :- interfere with the decision making process.....
Tag this Judgment! Ask ChatGPT.....the 2nd respondent has disposed the stay petitions by directing the petitioner to pay 30% of the demand, and furnish adequate security to the satisfaction of the assessing authority for the balance amount, within a period of 45 days of receipt of the orders, as a condition for the grant of the stay. exts.p17 to p24 are impugned in the writ petition inter alia on the ground that the 2nd respondent while passing orders in the stay petition did not validly exercise his discretion under the act.2. i have heard sri.anil.d.nair, the learned counsel for the petitioner and smt.sobha annamma eappen, the learned government pleader for the respondents.3. on a consideration of the facts and circumstances of the w.p.(c).no.33686 of20142 case and the submissions made across the bar, i find that in the orders impugned in the writ petition, the 2nd respondent has considered the various submissions put forward by the petitioner and noticed that the petitioner had not produced documents to substantiate his contention that the interstate movement of the goods was in fact a stock transfer and not an interstate sale. although, admittedly there were no f-forms to substantiate the contention.....
Tag this Judgment! Ask ChatGPT.....officer, the request for compassionate appointment has been rejected. further in the counter affidavit, it is stated that in addition to the said factors it was also noticed that the petitioner's father late p.r.john had constructed a house in 5 cents of property and that the family was also paid retirement benefits (in addition to family pension). having considered the said factual situation, the request was denied. in the counter affidavit in addition to the aforesaid factual situation, it is also mentioned that the respondents had to consider the number of vacancies for direct recruitment and only 5% of the vacancies falling under the direct recruitment can be filled with compassionate appointment. under these circumstances, the respondents justified the stand taken by the committee in rejecting the claim of the petitioner.4. the learned single judge having considered the rival claims, observed that in so far as the matter has been considered by a duly constituted committee and a decision was rendered by the said committee, which is neither arbitrary nor actuated by any mala fides, there is no reason to w.a. no.2124 of 2010 -:4. :- interfere with the decision making process.....
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