.....senior counsel that the impugned order dismissing the appeal preferred by the petitioner did not disclose proper application of mind to the relevant facts and the contentions as urged. in the absence of a detailed and reasoned order being passed by the appellate authority the same could not be sustained in law. it was, therefore, urged that the entire action initiated by the board in the aforesaid matter was required to be quashed. 5) shri k.j. presswala, learned counsel for the respondents along with shri sandeep goyal, on the other hand, submitted that the entire action initiated by the board was in accordance with law. it was submitted that though the building plans sanctioned by the board were with regard to bungalow no.2, the petitioner had without any sanction demolished and reconstructed the servant quarters that were situated towards the southern side of the property. it was submitted that said action was initiated after site inspection of the property on 23rd december, 2008. it was further submitted that the petitioner had not merely undertaken the work of replacing the roof but had in fact demolished the mud walls of the servant quarters and had reconstructed them with.....
Tag this Judgment! Ask ChatGPToral judgment: 1] the appellant has been convicted for the offence punishable under section 376 read with section 511 of indian penal code and section 3(1)(xi) of the scheduled caste and scheduled tribes (prevention of atrocities) act. the victim was 6 years old at the time of incident and she belongs to scheduled caste. the appellant had allegedly attempted to commit rape on her in his agricultural field. there were three child witnesses present at the time of incident. their statements were recorded during the course of investigation. victim was sent for medical examination. appellant was also sent for medical examination. the seized articles were sent for chemical analysis. after receipt of the report of forensic science laboratory, charge-sheet was filed against the appellant for the offence punishable under section 376 of indian penal code and section 3(1) (xi) of the scheduled caste and scheduled tribes (prevention of atrocities) act. 2] the prosecution had examined 9 witnesses in support of its case. the appellant was examined under section 313 of cr.p.c by the learned trial judge. at the conclusion of trial, the appellant was convicted for the offence punishable under.....
Tag this Judgment! Ask ChatGPT.....and gives rise to the following substantial questions of law that need to be answered by this court and read as under:- â(a) whether on the facts and circumstances of the case, the hon'ble tribunal was correct in allowing the appeal of the assessee by setting aside the order u/s 263 of the act passed by the cit? (b) whether on the facts and circumstances of the case, the hon'ble tribunal was correct in holding that the assessee bank is entitled for claim of notional loss arising out of mere re-classification and consequent revaluation of securities based on rbi's guidelines particularly in view of hon'ble supreme court's decision in the case of southern technologies ltd. v/s jt. commissioner of income tax (320 itr 577)?â 3. we are unable to accept the submission of mr suresh kumar on behalf of the appellant / revenue that any substantial questions of law arise in the present case that require our answer. we find that the issue raised in this appeal is squarely covered by a judgment of a division bench of this court in the case of commissioner of income tax v/s bank of baroda, reported in (2003) 262 itr 334 and a judgment of a division bench of the karnataka high.....
Tag this Judgment! Ask ChatGPT.....the execution of any decree that may be passed against him, and it is only on failure of the defendant to furnish security or show cause to the satisfaction of the court, that an order of attachment before judgment is made. the result of an order of attachment before judgment is substantially the same as an order of temporary injunction restraining the defendants from transferring, alienating, parting with possession of the property. thus, on court being satisfied that the defendant is likely to transfer his property to delay the execution of decree that may be passed in the suit, in the first instance an order for furnishing security is made against the defendant and in the second instant on failure of the defendant to show cause or to furnish security that an order for attachment before judgment is made. in the instant case, however, the learned single judge, after recording a finding that there is no case made out for order of attachment before judgment which implies that the plaintiffs have not been able to satisfy the court that the defendants are likely to dispose of the property with intent to defeat the execution of decree that may be passed in favour of the plaintiffs,.....
Tag this Judgment! Ask ChatGPT.....the affidavit in reply are a number of sample licenses issued by novex. mr. bhatt points to these to show that in every single case, novex has, in fact, acted as an agent and in no other way. these licenses issued by novex clearly show the names of the principals, he submits. this is in contrast to the licenses issued by a copyright society under section 33 of the act, such as phonographic performance limited (âpplâ). a license from ppl does not disclose the names of the owners of copyright. it merely says that the licensee is authorised to perform all copyrighted works that are the subject matter of that licence and which are administered by ppl. novexs licenses on the other hand clearly show the names of the copyright holders. 10. the licenses on which mr. bhatt relies do not actually indicate that novex is functioning as an agent. every one of these licenses says that the party to whom novex has purportedly issued a license has âacquired a public performance licence from novexâ. the next portion of each certificate says that the certificates addressee is authorised to perform and utilise these sound recordings; and below this line are the names of various.....
Tag this Judgment! Ask ChatGPT.....petition. 11. rule. 12. shri lotlikar, learned senior counsel is appointed as amicus curiae in the said suo moto writ petition.â 4. certain factual position finally leading to the passing of the impugned judgment and order in the criminal revision application no.78/2011, is narrated hereunder with advantage so as to have proper perspective of the matter and in order to ascertain as to how the case was initiated against the present respondent no.1 in the suo motu writ petition no.1/2013 and who is also the writ petitioner in criminal writ petition no.101/2013. 5. on 15/07/2006, fir no.56/2006 was lodged by one kapil natekar, employee from government electrical department against then minister, shri fransciso xavier @ mickky pacheco. the said fir was lodged for the offences punishable under sections 342, 353 and 504 of indian penal code. said fir was lodged on account of the incident of slapping said kapil natekar in the chamber of the respondent/accused on 15/07/2006. kapil natekar was called to the office of the respondent/accused on account of the episode which occurred on the earlier day in the office of the electrical department of said complainant kapil natekar. on.....
Tag this Judgment! Ask ChatGPT.....courts having jurisdiction were the courts in the united kingdom. (b). the petitioner suppressed and did not disclose in the application material facts that the daughter was a citizen of england and wales; that the petitioner was non resident indian and domicile of u.k. having a permanent address at 14 alexandra crescent, bromley, kent, br1, 4eu, uk; and that the respondent and the daughter were also permanent residents of u.k. and were domicile of u.k.. on this ground also the application was not maintainable for lack of jurisdiction of the trial court. (c) the respondent was gainfully employed in london; the daughter was a citizen of england and wales; the petitioner had applied for and obtained a national insurance number, to take employment in u.k., and the petitioner had come to london to settle permanently and had given three month's mandatory notice to the ex-employer in goa, india, and applied for 2 years leave because she could not resign in the mid-term and as such had come to london. on these grounds also, it was only the court in u.k. that had jurisdiction in the case. (d). the petitioner arrived in london after marriage on or about 30/12/2007, left london for.....
Tag this Judgment! Ask ChatGPT.....for the trial court to call the papers of the treatment of the injured, who was treated by dr.a.s.bansal in the city hospital, jabalpur. 8. the statement of dr.a.s.bansal is to be recorded in this case to prove the injury and nature of injury of the injured. in view of the facts and circumstances of the case it is included that the learned trial court has properly used its discretion in taking the documents on record, under section 165 of the evidence act as the trial court has the power to order production or admit of the necessary document to the end of justice. in this regard, the judgements in cases of shantilal and others vs. state of m.p., air 1959 mp 290 and mahesh jethani and others vs. state of m.p., 2004(2) m.p.h.t. 53, may be persued. 9. keeping in view of the aforesaid facts and circumstances, this court comes to the conlusion that the trial court has not committed any error in allowing the application, therefore, the petition, being devoid of merit is hereby dismissed. 10. copy of the order be sent forthwith to the concerned court.
Tag this Judgment! Ask ChatGPT.....plaintiff no.2. on going through the evidence of pw-1, it is noticed that he had withdrawn the arrears of rent from the court and he was aware of facts of the present case. though he is not a member of the family of plaintiff, he knew about the facts of the r.s.a.no.84/2007 13 c/w r.s.a.no.85/2007 case very much. therefore, his evidence cannot be eschewed from consideration. infact, while cross- examining pw-1, pw-1 has deposed that second defendant’s sister is given in marriage to him and he is a lic agent at dharwad. he has admitted to the suggestion put to him that ganesh lodge was taken on lease by purandara shetty from chennabasappa. since he was very much conversant with the signature and handwriting of the deceased lessor, he has identified the signature found on the documents.10. the learned counsel for the respondents/defendants has argued at length in regard to lease deed marked at ex.d-4 relating to ganesh lodge. signature of chennabasappa found on the lease deed is not disputed. ex.d-4 is in running handwriting and it would be difficult to read it and hence typed copy of it is made available. r.s.a.no.84/2007 14 c/w r.s.a.no.85/2007 11. what is argued before this.....
Tag this Judgment! Ask ChatGPT.....the petitioners for a period of four weeks so as to enable them to appear before the investigating officer on 21.7.2014 in case fir/cr no.5/14 under sections 498-a, 385, 386, 387, 506 (ii) read with sections 511 and 34 ipc registered at women police station, panaji-goa on the complaint submitted by smt.brenda manrao, wife of naveen manrao, who is son of petitioners anil manrao and smt. anita rani. notice of motion. on the asking of the court, mr.gurinderjit singh, deputy a.g., punjab accepts notice on behalf of respondent no.1 crm m-23331 of 2014 -2- while mr.j.s.toor, additional public prosecutor for ut, chandigarh for respondent no.3. it is the case of the petitioners that they are permanent residents of chandigarh. however, smt. brenda manrao, who is married to the son of anil manrao and smt.anita rani-petitioners.in connivance with her husband, has lodged the aforementioned fir/cr against them at women police station, panaji-goa. in the said fir/cr, all the petitioners have been summoned for 21.7.2014. copies of the notices issued to the petitioners have been appended with the petition as annexure p-5 (colly.) it is submitted that because of paucity of time, the petitioners.....
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