Court : Delhi
Decided on : Jan-12-2006
Reported in : 128(2006)DLT413; 2006(90)DRJ449
..... .(iv) the return of the plaint for want of jurisdiction whether pecuniary or territorial cannot be equated to the transfer of the suit or proceedings either by virtue of section 24 cpc or owing to any other statutory change.3. the background of the passing of the said order is that, initially, the plaint was filed by the ..... makes an attempt to impede or undermine or obstruct the free flow of the unsoiled stream of justice, renders himself liable to be dealt with in accordance with the act and no court should ignore such conduct which has the tendency to for sake public confidence in the judicial institutions. he also referred to the madras high court decision ..... was in consonance and in compliance with the order dated 22.11.2004, implying thereby that the amendments carried out were authorized by this court. according to him, these acts on the part of the plaintiffs amounted to a clear case of contempt. mr. amarjit singh also contended that in is no.3124/2005 filed by the plaintiffs under .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-12-2006
Reported in : (2006)3GLR2059
..... terminated. as such, the retention of senior on the temporary posts in comparison to the junior is a matter which may fall within the provisions of industrial disputes act. however, such principles normally can be made applicable even if adhoc or temporary employees are to be retained in the same status. no affidavit in reply is filed ..... in view of the express instructions, it was not open either to the nazir, or the judge in-charge or the district judge or the inspecting judge to have acted to the contrary in filling up the posts. admittedly, there was no advertisement issued in any newspaper at all. furthermore, as far as the second lot of appointees ..... petitioners and, therefore, the action would be unreasonable and arbitrary and, in any case, would not be in the larger interest, where the state government is supposed to act as the model employer. in support of the submissions made by the learned counsel appearing for the petitioners, they have relied upon two decisions of this court; (1) .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-12-2006
Reported in : 2006CriLJ1393
..... selling, buying or receiving from another person or otherwise trafficking in or using as genuine, forged or counterfeit currency notes or bank notes did not constitute an offence under section 489-c of the indian penal code.8. the recover of currency notes in this case are, obviously take. they are fake to the naked eye and certainly appeared ..... 16 notes bearing no. 7sg 666317 etc. etc. after completion of investigation, pirthi singh was sent up for trial. at the trial charge was framed against the appellant under section 489-c, ipc to which he pleaded not guilty and claimed trial.3. the main witnesses examined by the prosecution were hc manjit singh (p.w. 1), hc ..... for possession of rs. 34,900/- counterfeit currency. the learned trial judge passed judgment against pirthi singh on november 12, 2003, found him guilty for an offence under section 489-c of the indian penal code and sentenced him to undergo rigorous imprisonment for 31/2 years and to pay a fine of rs. 1000/-, in default of .....
Tag this Judgment!Court : Delhi
Decided on : Jan-12-2006
Reported in : II(2006)BC323; 127(2006)DLT793; 2006(88)DRJ101; (2006)143PLR33
..... the plaintiff. these cheques were towards the part payment and out of them three were dishonoured upon presentation and the plaintiff filed a complaint under section 138 of negotiable instruments act, which is still pending. three cheques out of the aforestated five cheques were returned to the plaintiff with the remarks `refer to drawer' and ..... defendant before filing the present suit. why plaintiff would not send notice of dishonour of the cheque when plaintiff could even file proceedings under section 138 of the negotiable instruments act, or why plaintiff would not write a single letter or serve notice upon the defendant for payment of the alleged outstanding amount before filing ..... did not return the same and for which an fir was lodged against the plaintiff being fir no. 262/96 in the police station roop nagar under section 406 ipc. according to the defendants, the case of the plaintiff is false and fabricated. there are various litigations pending between the parties wherein claims and .....
Tag this Judgment!Court : Delhi
Decided on : Jan-12-2006
Reported in : AIR2006Delhi320; 128(2006)DLT36; 2006(86)DRJ775; (2006)143PLR5
..... the said rule, the court can at an interlocutory stage of the proceedings pass a judgment on the basis of admissions made by the defendant. but, before the court can act upon an admission, it has to be shown that the admission is unequivocal, clear and positive. this rule, as observed by the supreme court, empowers the court to pass judgment ..... badar durrez ahmed, j.1. this is an application filed by the plaintiff under order 12 rule 6 read with section 151 of the code of civil procedure, 1908 seeking the relief that the suit be decreed along with interest as prayed for in the plaint in terms of alleged admissions .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-12-2006
Reported in : [2006(111)FLR297]
..... additional rent controller but to proceed against the respondent. it examined the ex parte order on merit and held that the plaintiff had successfully proved his case under section 14(1)(h) of the act. it was also held that an application for setting aside the ex parte decree was filed, but that application was dismissed on 5.3.2003. the respondent ..... disposal. we fail to understand how can learned single judge exercise extraordinary jurisdiction under article 227 for the benefit of a person who himself has not pursued his application under section 9 rule 13 of the code of civil procedure, which was dismissed. the rent control tribunal both on facts and law has found that the view taken by the additional .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-12-2006
Reported in : III(2006)ACC188; 2007ACJ1747; AIR2006Kant164; 2006(2)KarLJ386
K. Sreedhar Rao, J. 1. Tribunal has awarded compensation to the petitioners in M.V.C, No. 1559 of 2000 for death of one Rangaswamy. Tribunal directed the owner-dealer to pay the compensation. Claim against the insurer is dismissed.2. Facts disclose that M/s. Bajaj Transport Limited is the marketing wing of the manufacturer. The appellant is the dealer. The appellant placed indent for delivery of vehicles at Davanagere. The appellant entered into contract with M/s. Chandru Transport for delivery of the vehicles from Pune to Davanagere. The 5th respondent has issued a transit policy. The vehicle in question is a tempo tax, a passenger service vehicle but the vehicle was yet to be registered as a public service vehicle as on the date of transit and the accident. The driver of the tempo tax permitted the deceased to travel in the tempo. During the course of journey, the accident occurred. The Tribunal dismissed the claim against the insurer on the ground that the transit permit does not cr...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-12-2006
Reported in : (2006)143PLR49
Pritam Pal, J.1. Heard on the point of admission of this appeal.2. Without going into the details, suffice it to say that Ajmer Kaur, Plaintiff-respondent No. 1, widow of Manohar Singh, had filed a suit for possession of the disputed property on the basis of inheritance of her husband-Manohar Singh, who died in the year 1995. In her suit she had aiso challenged a family Will dated 18.12.1994 in favour of defendant-respondent No. 9 Bhupinder Singh and appellant Yadwinder Singh. They both were impleaded as defendants before the learned trial Court through their mother and father respectively, Ultimately, the suit field by Ajmer Kaur, plaintiff-respondent No. 1 was decreed and then the appeal field by Yadwinder Singh only through his mother Jaswinder Singh, was also dismissed.3. Now the sole contention raised before this Court is that in fact, a legal error had been committed by the learned trial Court as no permission was granted to implead Bhupinder Singh and appellant Yadwinder Singh, ...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-12-2006
Reported in : (2006)143PLR375
ORDERSatish Kumar Mittal, J.1. The present S.A.O. has been filed by the appellants against the order dated 11.5.2001 whereby the application filed by them under Order 41 Rule 19 C.P.C. for readmission of their appeal was dismissed for default on 15.9.1993 as their counsel did not appear at the time of hearing of the appeal.2. In this case, the appellants filed a suit for declaration and possession against the respondents in the year, 1982. The said suit was dismissed on 10.12.1987. Against the said judgment and decree, the appellants filed an appeal. On 15.9.1993, the said appeal was dismissed in default as counsel for the appellants did not appear at the time of hearing of the appeal. Immediately thereafter on 13.10.1993, the appellants filed an application under Order 41 Rule 19 C.P.C. for readmission of the appeal and deciding the same on merits. In the application, which was supported by an affidavit, it was stated that the appellant could not present before the Court on the date o...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jan-12-2006
Reported in : 2006(1)ShimLC259
..... candidates has never been published. even otherwise, there were 1600 candidates who have been selected and candidates like the petitioners who belong to the weaker sections of society cannot be forced to make such a larger number of candidates as parties in the present writ petitions. however, we do feel that ..... to admission to medical & engineering colleges. the contention raised was that the system of selection by interviews is illegal inasmuch as it enables the interviewers to act arbitrarily and to manipulate the results and, therefore, it contravenes article 14 of the constitution. the apex court noted that highly qualified educationists were appointed ..... academic and professional requirements being satisfied. to subject such persons to a written examination may yield unfruitbful and negative results, apart from its being an act of cruelty to those persons. there are, of course, many services to which recruitment is made from younger candidates whose personalities are on the threshold .....
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