Court : Delhi
..... the court articulated its reasons as follows: what has been missed by the learned trial judge is the fact that the accused did not murder his wife and daughters for any personal gain. ..... we have perused the order on sentence passed by the learned trial court, giving reasons while awarding death penalty to him. ..... si jagpal singh was sent to apollo hospital who learned that meenu ahuja was unfit for statement. ..... in this case, learned counsel argued that the disclosure statement was recorded later, and the body was recovered earlier, and that the fir does not contain any statement by the appellant, volunteering to lead the police to ..... the learned judge missed out the point that the accused had purchased sulphas in may 2005 and did not commit the crime till 4 th july 2005 in spite of the fact that each day gave him an ..... pranav kumar, it is established that right from the time of admission by pcr in ddu hospital till she was declared brain dead in the apollo hospital, she did not gain consciousness. .....
Tag this Judgment!Court : Delhi
..... room being locked from inside46 learned counsel for the appellant had submitted that since the room was locked from inside, it is not possible to ascertain who had gained entry and murdered the deceased. ..... refusal to participate in test identification parade47 it has been submitted by the learned counsel for the appellant that the trial court has erred in drawing a negative inference from the refusal of the appellant to participate in the test identification parade ( tip ) as the appellant was shown by the ..... sufficiency of circumstantial evidence56 the final contention urged by the learned counsel for the appellant is that the circumstances proved do not conclusively point to the guilt of the ..... before dealing with the various contentions advanced by the learned counsel for the appellants as referred to above, we shall first state the object, purpose and importance of the test ..... case of the prosecution was based on circumstantial evidence, we deem it appropriate to deal with the circumstances against the appellant and the submissions of the learned counsel for the appellant under separate heads. ..... prior to dealing with the contention of the learned counsel, we deem it appropriate to revisit the law on ..... as regards the refusal to give sample of blood, learned counsel explains that since the police had already taken the sample of the blood in the hospital, he had refused to give it ..... page 3 of 36 thus, it cannot be said that who had gained entry into the room and murdered the deceased.6. .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
..... for both parties and have gone through the documents on record including the written submissions filed by the learned counsel for the applicants as well as official respondents.the main thrust of applicants attack is that treating sc & st officers promoted on their own seniority and merit, and not by virtue of any rule ..... issue raised by the learned counsel for private respondents relates to the allegation that some of the reserved category officers now promoted vide order dated 30.9.97 had gained seniority as they jumped over some general category, inspectors because of their earlier confirmation.learned counsel for the ..... are also not impressed with the contention of the learned counsel for the official respondents that the expression " ..... . he contended that if some reserved category officers in the present case had gained seniority prior to 28.3.88 because of their earlier confirmation the private respondents should have raised the issue when the alleged jumping took ..... . we are equally unimpressed by the other contention of the learned counsel for the private respondents that claiming promotion on the basis of reservation would amount to conferring double benefits on the reserved category officers as they had availed the benefit of reservation ..... . we also find the reliance placed by the learned counsel for the official respondents on the judgment of the supreme court in p.seshadri (supra) is of no avail to him since the facts and circumstances of that case are distinguishable .....
Tag this Judgment!Court : Delhi
..... the aforesaid order of termination was found to be arbitrary and was, accordingly, set aside by the learned labour court under the award dated 05.10.2012, by holding that the respondents termination was illegal and by directing the petitioner to reinstate the respondent with full backwages.3 ..... i have considered the submissions of learned counsel for the parties and in my view, once the respondent has categorically stated that he is not gainfully employed and has no other source of livelihood, there is no reason for this court to disbelieve the stand of the respondent when the petitioner has merely denied the averments made by him without bringing on record any ..... faced with this objection, wp (c) no.820/2013 page 2 of 3 learned counsel for the respondent, on instructions, states that he presses for relief under section 17b of the act only w.e.f ..... he also states, on instructions, that the respondent is willing to rejoin his duties, but the petitioner is repeatedly rejecting the respondent s aforesaid offer, which position is also not denied by the learned counsel for the petitioner. ..... however, the fact that the respondent has moved this application after five years from the date on which the impugned award was passed, creates some doubt that he may have been gainfully employed during that period. ..... learned counsel for the respondent/applicant states that the respondent who had joined the services of the petitioner on 08.08.1985, was terminated vide order dated 23.07.2004 passed by the .....
Tag this Judgment!Court : Delhi
..... the respondent - landlord, on the other hand, submitted that no fault can be found with the decision of the learned trial court in declining leave to contest to the petitioner - tenant and it had been rightly observed in the impugned order that the petitioner - tenant had failed to place on record any proof regarding the ownership of ..... as far as the unmarried son is concerned, it has been alleged by the respondent that he is a property dealer working for gain alongwith the petitioner under the name and style of property of ramakrishna properties but no such document has been placed to support this ..... the learned trial court has, however, rejected that plea by observing that the petitioner - tenant had failed to place on record any document to show that they were actually working for gain as property dealers in those ..... after having considered the submissions of the learned counsel for the parties and the already quoted findings of the learned trial court i am of the view that this is a fit case where petitioner - tenant should have been granted leave to contest the eviction petition filed against him by ..... it was argued by the learned counsel for the petitioner - tenant that this was a fit case for grant of leave to contest to the petitioner - tenant since he had been able to raise a very strong triable issue regarding the availability ..... the learned trial court rejected this plea of petitioner, which only was primarily put in the forefront before this court, by observing as under in .....
Tag this Judgment!Court : Delhi
..... was asked as to why obc candidates had been put at par with the general category candidates in so far as the minimum eligibility marks vis-a-vis the base-degree was concerned, learned counsel's only response was that, these are aspects qua which, inputs were received from the relevant centres and, in this case, input was received from centre for social medicine and ..... on this, learned counsel emphasized the fact that the petitioner being an unsuccessful candidate, he could not now be allowed to assail the admission process formulated by jnu for gaining entry to the ..... 9.3 in so far as the latter part of this submission was concerned, learned senior counsel sought to place reliance on section 3 of the cei act, based on which he contended that the entire purpose for which reservations, are extended to, central educational institutions (which inter alia seek to ..... in support of this submission, reliance was placed by the learned counsel on the observations made in judgment of the supreme court in the case of sadananda halo and ..... having heard the learned solicitor general of india and learned senior counsel on both the sides and also have regard to the observations made in the judgments pronounced by this court, we make it clear that the maximum cut-off marks for obcs be 10% below ..... 9.2 the other illegality, according to the learned counsel, which obtained, was that, the jnu had put the obc candidates at par with the general candidates in so far as attainment of minimum eligibility marks, .....
Tag this Judgment!Court : Delhi
..... the plea of lack of demand and acceptance of any bribe or pecuniary advantage by the petitioner, the submission of the learned prosecutor was that there was sufficient material on record to show that some percentage of money was offered to ms. ..... it was also submitted by the learned prosecutor that otherwise also, there could not have been any occasion or reason for the accused persons to have manipulated and prepare a forged list if there was no pecuniary advantages to be gained by them, which may not be open, but hidden and of different ..... view of the above finding of the fact noticed by the learned special judge and to which, there was no controversion by the learned counsel for the petitioner, i do not see any force in the submission of the learned counsel seeking parity with brij mohan. 8. ..... having gone through the record with regard to brij mohan, learned special judge observed as under: i find merit in the submissions of ..... thirdly, learned counsel submitted that there was no allegation of demand of bribe money by the petitioner nor there was any acceptance of bribe or pecuniary gain by the petitioner and so no case against him was made out under section 13(1)(d) of p.c.act. ..... matrix encompassing the serious offence of high magnitude involving large number of government servants and other political authorities of the government of haryana, i do not find any infirmity or illegality in the impugned order of the learned special judge of framing of charges against the petitioner. .....
Tag this Judgment!Court : Delhi
..... it was the learned counsel s submission that the only issue which arose in the present writ petition, was, as to whether or not the experience gained by anita devii, with jaswant mortor works could be taken into account. ..... reasons18 i have heard the learned counsels for the parties and perused the record in some detail. ..... it was the learned counsel s submission that if anita devi-i was permitted to do so, she would be taking advantage of her own wrong. ..... it was the learned counsel s contention that under the prescribed procedure, the screening committee, had found, upon investigation, that the experience certificate dated 05.07.2007 was false and, therefore, that decision could not be interfered with ..... 16.1 the learned counsel, in this behalf, relied upon clause 10(h) and clause 10(k) of the brochure dated 01.10.2006, issued by iocl. ..... learned counsel submitted that the petitioner had been working at the same outlet for a period of three (3) years, i.e., w.e.f. .....
Tag this Judgment!Court : Delhi
..... before the labour court the workmen filed separate but identical statement of claims, and as agreed during hearing of the appeals between learned counsel for the parties, we note further facts with respect to the statement of claim filed by mohd.munna, the respondent no.1 of lpa ..... writ petitions filed by the appellants challenging the order(s) dated march 23, 2013 have been dismissed by the learned single judge on the reasoning that the appellants failed to produce the relevant notice received by it in lca no.102/2010 on ..... being relevant to note for the purposes of appreciating the reasons given by the learned labour court as also the learned single judge while refusing to set aside the ex-parte award, in para 7 of the application the appellant pleaded ..... in view of the fact that the appellant went unrepresented, there being no cross-examination, the learned labour court passed separate awards on march 23, 2010, which are identically worded, holding that relationship of employer and employee was established and the management had illegally terminated the ..... dismissing the applications filed by the appellant to set aside the ex- parte awards, the learned labour court noted that the workman had not filed certified copy of any record from the office of the sub divisional magistrate to show that the ..... if only the learned labour court would have put the question : what was the relevance for the appellant to plead knowledge being gained through the notice in question pertaining to lca .....
Tag this Judgment!Court : Delhi
..... learned counsel further submits that this fact gains importance for the reason that this appellant was not charged under section 302 ipc unlike the co-convict ..... accused persons, on their appearance before the court of learned mm, were supplied copy of charge sheet and complete set of documents and thus, compliance of section 207 of the code of criminal procedure, 1973 (in short ..... we have already recorded that mr.kumar, learned counsel for the appellant, had already stated that he does not press the challenge of the order of conviction but seeks modification of the ..... we may notice that the learned counsel for the appellant on instructions, has already made a statement that he does not challenge the order of conviction but has only prayed that keeping in view the facts of the present case, the order ..... we have heard learned counsel for the parties and considered their rival ..... learned counsel for the state, however, submits that there is no infirmity in the judgment and order on sentence which would warrant interference by this ..... learned counsel further submits that the appellant is an uneducated person and is the unfortunate wife of the deceased and mother of the co- ..... learned counsel for the appellant submits that the appellant is the mother of co-convict and wife of the ..... learned counsel for the appellant, at the outset, submits that the appellant does not challenge the order of conviction and prays that the order on sentence may be modified to the period already undergone which is .....
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