Court : Karnataka
Reported in : ILR1989KAR1408
ORDERBalakrishna, J. 1. The petitioner, who is an employee of the Steel Authority of India Limited ('SAIL' for short), has sought the following reliefs:(1) the benefit of placement in the higher scale under the service linked promotion scheme with effect from 2-1-1982 instead of 2-7-1982;(2) adjustment of the personal pay of Rs. 286-57 given to the petitioner in lieu of Bonus by fixing the pay at Rs. 2,130+6 (Personal Pay) instead of Rs. 1,890/- in the scale of Rs. 1650-80-2210;(3) for retention in the channel of promotion in the parent department and for promotion in accordance with the seniority in that channel;(4) for promotion of the petitioner and placement above respondents-3 and 4 in the parent channel of promotion of the petitioner and for full monetary benefit with retrospective effect;(5) for other consequential benefits.2. The material facts may be stated as follows:The petitioner joined SAIL as a graduate apprentice in 1960. On completion of training, he was promoted as a J...
Tag this Judgment!Court : Kolkata
Reported in : 2008(1)CHN721
Sanjib Banerjee, J.1. The employer assails the award in excess of Rs. 10 crore, inclusive of interest, obtained by the contractor in the construction of an office building that is a prominent landmark near the Ultadanga Crossing in the city. Videsh Sanchar Nigam Limited (the employer or the petitioner) complains that Shapoorji Pallonji & Company Limited (the contractor or the respondent) failed to finish the work within the time permitted despite the original time being extended and the Arbitral Tribunal completely misdirected itself not only in assuming that it had authority to grant further extension of time till the date of virtual completion of the construction, but also to compensate the contractor for the contractor having to overstay at the site. The employer assails every bit of the award beginning the procedure adopted by the Arbitral Tribunal, right up to the quantum of interest awarded.2. A letter of intent was issued by the petitioner on March 28, 1995 for construction of t...
Tag this Judgment!Court : Delhi
$~16. * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1715/2012 Date of Decision:20th November, 2013 % VIJAY KUMAR Through : ..... Petitioner Mr.S.B. Dandapani, Adv. versus STATE OF THE NCT OF DELHI ..... Respondent Through : Mr.Dayan Krishnan and Ms.Manvi Priya, Advs. for the State. SI Ashish S. Dalal, P.S. Kapashera. G.S. SISTANI, J.(ORAL) 1. With the consent of counsel for the parties the present writ petition is set down for final hearing and disposal. The necessary facts to be noticed and as stated in the writ petition are that the petitioner stands convicted by a judgment and order on sentence dated 18.8.2003. The petitioner is serving the sentence awarded and has served more than 11 years out of total sentence of life imprisonment. The petitioner has raised a plea of being a juvenile on the date of commission of the offence i.e. 6.10.2001. According to the petitioner, on the date of incident he was 16 year old. In support of his plea of juvenility the petitioner has filed ...
Tag this Judgment!Court : Delhi
$~16. * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1715/2012 Date of Decision:20th November, 2013 % VIJAY KUMAR Through : ..... Petitioner Mr.S.B. Dandapani, Adv. versus STATE OF THE NCT OF DELHI ..... Respondent Through : Mr.Dayan Krishnan and Ms.Manvi Priya, Advs. for the State. SI Ashish S. Dalal, P.S. Kapashera. G.S. SISTANI, J.(ORAL) 1. With the consent of counsel for the parties the present writ petition is set down for final hearing and disposal. The necessary facts to be noticed and as stated in the writ petition are that the petitioner stands convicted by a judgment and order on sentence dated 18.8.2003. The petitioner is serving the sentence awarded and has served more than 11 years out of total sentence of life imprisonment. The petitioner has raised a plea of being a juvenile on the date of commission of the offence i.e. 6.10.2001. According to the petitioner, on the date of incident he was 16 year old. In support of his plea of juvenility the petitioner has filed ...
Tag this Judgment!Court : Delhi
$~16. * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1715/2012 Date of Decision:20th November, 2013 % VIJAY KUMAR Through : ..... Petitioner Mr.S.B. Dandapani, Adv. versus STATE OF THE NCT OF DELHI ..... Respondent Through : Mr.Dayan Krishnan and Ms.Manvi Priya, Advs. for the State. SI Ashish S. Dalal, P.S. Kapashera. G.S. SISTANI, J.(ORAL) 1. With the consent of counsel for the parties the present writ petition is set down for final hearing and disposal. The necessary facts to be noticed and as stated in the writ petition are that the petitioner stands convicted by a judgment and order on sentence dated 18.8.2003. The petitioner is serving the sentence awarded and has served more than 11 years out of total sentence of life imprisonment. The petitioner has raised a plea of being a juvenile on the date of commission of the offence i.e. 6.10.2001. According to the petitioner, on the date of incident he was 16 year old. In support of his plea of juvenility the petitioner has filed ...
Tag this Judgment!Court : US Supreme Court
Creath's Administrator v. Sims - 46 U.S. 192 (1847) U.S. Supreme Court Creath's Administrator v. Sims, 46 U.S. 5 How. 192 192 (1847) Creath's Administrator v. Sims 46 U.S. (5 How.) 192 APPEAL FROM A DECREE OF THE CIRCUIT COURT OF THE UNITED STATES FOR THE 9TH CIRCUIT AND SOUTHERN DISTRICT OF MISSISSIPPI Syllabus The following principles of equity jurisprudence may be affirmed to be without exception -- namely that whosoever would seek admission into a court of equity must come with clean hands; that such a court will never interfere in opposition to conscience or good faith; that it will never be called into activity to remedy the consequences of laches or neglect, or the want of reasonable diligence. Therefore, where a complainant prays to be relieved from the fulfillment of a contract, which was intentionally made in fraud of the law, the answer is that however unworthy may have been the conduct of his opponent, the parties are in pari delicto. The complainant cannot be a...
Tag this Judgment!Court : Mumbai
Reported in : 2003(6)BomCR758; 2004(1)CTLJ377(Bom); 2004(1)MhLj606
F.I. Rebello, J.1. The judgment creditors based on the judgment and decree passed in their favour in Summary Suit No. 5217 of 1999, consequent to an order rejecting the Summons for Judgment No. 26 of 2002 took out a Notice under Section 9 of the Presidency Towns Insolvency Act. They would hereinafter be referred to as the petitioners, the judgment debtor hereinafter shall be referred to as the respondent. The judgment debtor/respondent by the present Motion have moved to set aside the Insolvency Notice.2. A few facts may be set out. The petitioners filed a Summary Suit before this Court being Summary Suit No. 5217 of 1999. On appearance being filed by the respondent Summons for Judgment came to be taken out. Respondents sought leave to defend. After examining the defences as raised a learned Judge of this Court held that defences as raised by the defendants are without any substance and dishonest. Consequently the Summons for Judgment deserved to be granted and accordingly allowed the ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2012SC2010
DALVEER BHANDARI J.1. Delay condoned.2. Leave granted.3. These two appeals arise out of cross suits filed before the High Court of Judicature at Madras in S.A. No. 1973 of 2002 and S.A. No. 869 of 2009 dated April 20, 2011. In both these appeals, A. Shanmugam is the appellant and Ariya Kshatriya Raja Kulavamsa Madalaya Nandhavana Paripalana Sangam is the respondent which for convenience hereinafter is referred to as the Society.4. The property in question belonged to one, Muthu Naicker, who dedicated the suit land for construction of a Dharamshala. In the southern part of India, it is called as choultry. A Dharamshala is commonly known as a place where boarding facilities are provided either free of cost or at a nominal cost. In the instant case, a Dharamshala was to be constructed for the benefit of the Ariya Kshatriya community. The appellants father, Appadurai Pillai was engaged as a Watchman on a monthly salary by the respondent-Society to look after the Dharamshala and in that cap...
Tag this Judgment!Court : Supreme Court of India
Reported in : (2012)10SCC489
R.M. Lodha, J.1. Delinquent juveniles need to be dealt with differently from adults. International covenants and domestic laws in various countries have prescribed minimum standards for delinquent juveniles and juveniles in conflict with law. These standards provide what orders may be passed regarding delinquent juveniles and the orders that may not be passed against them. This group of matters raises the question of when should a claim of juvenility be recognised and sent for determination when it is raised for the first time in appeal or before this Court or raised in trial and appeal but not pressed and then pressed for the first time before this Court or even raised for the first time after final disposal of the case.2. It so happened that when criminal appeal preferred by Abuzar Hossain @ Gulam Hossain came up for consideration before a two-Judge Bench (Harjit Singh Bedi and J.M. Panchal, JJ) on 10.11.2009, on behalf of the appellant, a plea of juvenility on the date of incident w...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRIMINAL) No.121 OF2022VINOD KATARA .PETITIONER(S) Versus STATE OF UTTAR PRADESH .RESPONDENT(S) JUDGMENT J.B. PARDIWALA, J.1. Personal liberty of a person is one of the oldest concepts to be purported by national courts. As long ago as in 1215, the English Magna Carta provided that: "No free man shall be taken or imprisoned.... but..... by law of the land." 1 2. Today, the concept of personal liberty has received a far more expansive interpretation. The notion that is accepted today is that liberty encompasses these rights and privileges which have long been recognized as being essential to the orderly pursuit of happiness by a free man and not merely freedom from bodily restraint. There can be no cavil in saying that lodging juveniles in adult prisons amounts to deprivation of their personal liberty on multiple aspects.3. This Writ Application under Article 32 of the Constitution is at the instance ...
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