.....this submission is made on account of the evidence adduced by the workmen that the so called labour contractors, was a sham arrangement and in fact the so called labour contractors worked as colleagues of the workmen, in their security duties. 11.3 the management lawyer refers to the agreement dated 01.07.1988 between one safirat uddin and the ongc to project that the labour contractors were engaged to provide security for materials at drill sites and accordingly it is argued that instances of security guards being deployed through contractors is evident from prior to 1995. 12. in cases where a sham contract between the principal employer and the contractor is pleaded to deny direct employment benefits, it is necessary for the industrial adjudicator to consider whether an employer-employee relationship exist between the management and the concerned workmen. in balwant rai saluja and ors. vs. air india limited and ors. reported in (2014)9 scc 407, the supreme court after examining the earlier decision on the point concluded that the relevant factors to be taken into consideration for establishment of an employer-employee relationship would include, inter alia, (i) who.....
Tag this Judgment! Ask ChatGPT.....attributable to the university. it is contended that such a rigid law cannot be sustained. it is further contended that once it is held so, the facts of that case which are not in dispute justify the grant of an opportunity to the petitioner therein to complete the course beyond the span period. it is yet further argued that the university itself has in the past acted in contravention of its own rule and has granted relaxation. it is yet further informed that even in the indian institutes of technology, relaxation of span period is permitted. reliance is placed on naseem ahmed vs. jamia millia islamia 1998 iii ad (delhi) 62 where, inspite of there being no provision therefor in the statute or the rules, in the facts of that case extension beyond span period was granted because the university in the past had been giving such concession, without however making it a precedent.12. the counsel for the respondent jamia millia islamia university has relied on pradeep kujur vs. state of m.p. manu/mp/1030/2010 where the challenge to the refusal of the university to declare the result upon discovering that the student had taken examination beyond the span period was negatived......
Tag this Judgment! Ask ChatGPT.....attributable to the university. it is contended that such a rigid law cannot be sustained. it is further contended that once it is held so, the facts of that case which are not in dispute justify the grant of an opportunity to the petitioner therein to complete the course beyond the span period. it is yet further argued that the university itself has in the past acted in contravention of its own rule and has granted relaxation. it is yet further informed that even in the indian institutes of technology, relaxation of span period is permitted. reliance is placed on naseem ahmed vs. jamia millia islamia 1998 iii ad (delhi) 62 where, inspite of there being no provision therefor in the statute or the rules, in the facts of that case extension beyond span period was granted because the university in the past had been giving such concession, without however making it a precedent.12. the counsel for the respondent jamia millia islamia university has relied on pradeep kujur vs. state of m.p. manu/mp/1030/2010 where the challenge to the refusal of the university to declare the result upon discovering that the student had taken examination beyond the span period was negatived......
Tag this Judgment! Ask ChatGPT.....counsel for the respondents.11. it was first submitted by learned counsel for the appellants on merits that the confession of j.s. madan was in fact retracted and therefore, could not be relied upon. ms. bhayana referred to para 2 (b) wherein it was stated that he had already retracted from his statement under section 40 fera before the learned additional chief metropolitan magistrate (‘acmm’) on 5th april 1997 and likewise s.s. madan had also retracted his statement. however, this court finds that no copy of such retraction has been placed before the ed, at or this court. it is, therefore, not possible to confirm that there was any such retraction.12. in any event apart from the statement of the two appellants under section 40 fera, submission of several persons recorded confirms that the appellants were actively involved in the business of receiving and making payments on the instructions of persons residing abroad. as noted by the at, even retracted statements are admissible provided that they are corroborated by other independent evidence. in the present case, the statement of 7 persons who were beneficiaries in the transactions fully corroborated the case of the.....
Tag this Judgment! Ask ChatGPT.....attributable to the university. it is contended that such a rigid law cannot be sustained. it is further contended that once it is held so, the facts of that case which are not in dispute justify the grant of an opportunity to the petitioner therein to complete the course beyond the span period. it is yet further argued that the university itself has in the past acted in contravention of its own rule and has granted relaxation. it is yet further informed that even in the indian institutes of technology, relaxation of span period is permitted. reliance is placed on naseem ahmed vs. jamia millia islamia 1998 iii ad (delhi) 62 where, inspite of there being no provision therefor in the statute or the rules, in the facts of that case extension beyond span period was granted because the university in the past had been giving such concession, without however making it a precedent.12. the counsel for the respondent jamia millia islamia university has relied on pradeep kujur vs. state of m.p. manu/mp/1030/2010 where the challenge to the refusal of the university to declare the result upon discovering that the student had taken examination beyond the span period was negatived......
Tag this Judgment! Ask ChatGPT.....of the contention that actual physical possession had been taken over by the competent authority, the appellant places heavy reliance upon the fact that challenge to the proceedings under the act mounted in writ petition no.2568 of 1992 by the purchasers of a part of the disputed land had failed right up to this court and the allotment of a substantial part of the surplus land in favour of the 8 families affirmed. this, according to the appellant, proves that possession of the surplus land had indeed been taken over from the erstwhile owner in terms of proceedings held on 7th december, 1991. it was also contended that bhabadeb sarma, the erstwhile owner, had remained aloof even when he was a party to the writ petition filed by the purchasers who had questioned the validity of the order passed by the competent authority including the allotment of the surplus land in favour of third parties. it was urged that the repeal act would have no effect whatsoever even when the taking of possession was without notice to the erstwhile owner especially when the owner had failed to question any such take over at the appropriate stage in appropriate proceedings. the challenge mounted by.....
Tag this Judgment! Ask ChatGPT.....be repeated in the dd entry. (iv) the delay in registering the fir at about 1.20 pm in relation to the incident which occurred at 9.30 am was satisfactorily explained by the prosecution. the accused as well as pw-5 were under treatment at the lbs hospital and this has been substantiated by the evidence placed on record. (v) the failure to mention the full value of the property in columns 9 and 10 of the fir was technical lacuna and did not affect the prosecution case since the value of the stolen property was already mentioned in the body of the fir. (vi) even though pw-5 did not himself give the statement in hindi, he identified his signatures on the complaint and also confirmed that the statement had been recorded by the police. there was no doubt about its veracity. pw-5 was not confronted with his supplementary statement and therefore no reference could be made to it. pw-5 mentioned their names in the fir only after the police gave him the details. (vii) the failure to mention the names of the accused in the complainant’s mlc did not have any consequence. (viii) the delay in recording the statement of pw-11 was not asked to be explained by putting any questions to him or.....
Tag this Judgment! Ask ChatGPT.....attributable to the university. it is contended that such a rigid law cannot be sustained. it is further contended that once it is held so, the facts of that case which are not in dispute justify the grant of an opportunity to the petitioner therein to complete the course beyond the span period. it is yet further argued that the university itself has in the past acted in contravention of its own rule and has granted relaxation. it is yet further informed that even in the indian institutes of technology, relaxation of span period is permitted. reliance is placed on naseem ahmed vs. jamia millia islamia 1998 iii ad (delhi) 62 where, inspite of there being no provision therefor in the statute or the rules, in the facts of that case extension beyond span period was granted because the university in the past had been giving such concession, without however making it a precedent.12. the counsel for the respondent jamia millia islamia university has relied on pradeep kujur vs. state of m.p. manu/mp/1030/2010 where the challenge to the refusal of the university to declare the result upon discovering that the student had taken examination beyond the span period was negatived......
Tag this Judgment! Ask ChatGPT.....a busy locality. it was easily possible to draw a site plan of the place of occurrence and also produce the photographs of the scene of crime. the fact that the premises had a main gate which was simply locked from inside and the room had another separate door which was not locked from inside is not evident from the first statement (ex. pw-3/a) which was itself recorded three days after the date of occurrence. this emerged for the first time in the deposition of pw-3 in court.26. the site plan does not show any main gate and its distance from the room where pw-3 and his family were sleeping. further, in his statement to the police, although pw-3 mentioned that there was a grill near the main gate through which the robbers slipped their hands and opened the lock, no such grill is shown in the site plan. there is not even a photograph of the scene of crime. the crime scene report was not exhibited. these were obvious aspects which should not have been missed by the police. it is reflective of the casualness in the approach of the police to the task of scientific investigation. inconsistencies in the evidence of pw-3 and pw-11 27. it is also not clear how exactly the three accused.....
Tag this Judgment! Ask ChatGPT.....tribunal dated 11.03.1998 was not challenged by any one and attained finality, the case of the appellant deserves to be considered on the basis of facts noted in paragraph 1 of that order and the relief granted in paragraphs 8 and 9 of that order. they are as follows : ".the applicants in this case are inspectors in the finger print branch of the police department, which is an executive branch of the said department. the applicants have averred that for promotion to the next higher post of deputy superintendent of police the respondents have from time to time issued a combined gradation list of inspectors of the executive branches of the department. the applicants' contention is that the combined gradation list issued for the year 1996 does not include their names in it. in this connection they have submitted that all the persons belonging to the finger print branch have not been included in the combined gradation list. the applicants' contention is that the non-inclusion of their names in the combined gradation list is in violation of the provisions of madhya pradesh police (gazetted officers) recruitment rules 1987 - '1987 rules' for short - and also the directions of.....
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