Court : Supreme Court of India
..... decision of hon'ble apex court (paras 6 & 7), if there is need for re-allocation of services, the respondents will take appropriate measures to that extent and complete this process also within two months from the date of receipt of a copy of this order.the cat had also issued the following direction as to how the results of the upsc examinations (2005) should have been announced:52. ..... the following chart presented by the learned solicitor general explains how service allocation has been done for the years 2005, 2006 and 2007:service allocation in the years 2005, 2006, 2007______________________________________________________________________year general obc sc st totalvacancies vacancies vacancies vacancies vacancies______________________________________________________________________2005 242 117 66 32 4572006 273 144 80 36 5332007 382 190 109 53 734______________________________________________________________________candidates recommended against vacancies in the first ..... 416 of 2008 under article 32 of the constitution of india to declare rule 16(2), (3), (4) and (5) of the civil services examination rules, 2005 as ultra vires being inconsistent with rule 16(1) of the said rules, as violative of articles 14, 16(4) and 335 of constitution of india, ..... scheduled tribe 10%extremely backward class 14%backward class 9%ladies 3%the government of bihar acting through the department of personnel and administrative reforms published a resolution dated 7-2-1992, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2012)1SCC200
..... of up will take necessary steps within a period of two months from the date of decision of the board, for bringing the teachers and the staff of up board wing within the purview of the act of 1971 and will also take steps within the same period to take the college in the list of colleges receiving grant-in-aid and this arrangement shall continue so long as the recognition of the up board ..... board will however consider whether appellant's original request is now altered in view of paragraph 7 of their affidavit dated 1.8.2010 in civil appeal no.5747/2008 to restart the high school and intermediate wing in some appropriate section of the college building for conducting classes from vi to xii under the u.p. ..... learned single judge of lucknow bench of the allahabad high court had passed a common interim order dated 7.1.2005, on those two writ petitions in favour of the teachers, and the appellant had filed special appeal nos ..... appeal nos.5249-5250 of 2008 and 5251-5252 of 2008 arise out of writ petition nos.119 and 120 (s/s) of 2005 which were filed by a few teachers seeking salary as a consequence of the above order dated 17.11.2004. ..... thereafter, when these special leave petitions came up for further consideration on 14.3.2005, a grievance was made by the appellant- management that some of the teachers were misusing the order passed by this court, and were disturbing the conduct of the ..... they filed a contempt petition (c) bearing no.170/2005 which has been directed to be heard with the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC716; 2008(1)BomCR523; 105(2008)CLT673(SC); 2008CriLJ805; 2008(1)KLT1(SC); 2008(3)MhLj394; (2008)149PLR194; (2008)2SCC305; 2007AIRSCW7844; AIR2008SC716; 2008(2)SCC305; (2008)1SCC(Cri)351; 2008CriLJ805; 2008(2)CivilLJ225; ILR2007(2)Kar1387; 2008(3)KCCR1281; 2008(1)AIRKarR478
..... when the matter came up for hearing, the high court, by the impugned order dated december 20, 2005 dismissed the revision petition observing that there was no ground to interfere with the order passed by the trial court and confirmed by the first ..... directed the appellate court to consider the settlement and to take appropriate action in accordance with law.15. in o.p. ..... section 320 of the code of criminal procedure did not apply to offences not covered by the indian penal code, the fact as to compromise between the parties and payment of dues under section 138 of the act was considered a relevant fact and compounding was allowed by the court [vide kishore kumar v. j.k. ..... an offence signifies that the person against whom an offence has been committed has received some gratification to an act as an inducement for his abstaining from proceeding further with the case.12. ..... section 138 of the act was inserted by the banking, public financial institutions and negotiable instrument law (amendment) act, 1988 (act 66 of 1988) to regulate financial promises in growing business, trade, commerce and industrial activities of the country and the strict liability to promote greater vigilance ..... , a question may arise whether an offence punishable under section 138 of the act which is a special law can be compounded. ..... the notice, no payment was made by the accused and hence a criminal case was filed by the bank against him under the negotiable instruments act, 1881 (hereinafter referred to as 'the act'). .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2009(2)SC1; RLW2009(3)SC2744; 2009(2)SCALE80; (2009)12SCC184; 2009(2)LC542(SC); 2009AIRSCW1590
..... the collector (or any officer appointed by the appropriate government or other acquiring authority) performing functions assigned under the land acquisition act, can be said to be a `judge' as defined in section 19 ipc, that is, a person empowered by law to give a definitive judgment in a legal proceeding and acting judicially in the exercise of such power.13. ..... authority on the basis of which such award is passed, cannot be subjected to investigation by the police authorities.the respondents also supported the said finding by referring to the various provisions of the act relating to the powers exercised by the collector (which term includes not only the collector of a district or deputy commissioner, but any officer specially appointed by the ..... the fir insofar as respondents 1 and 2 as also the special officer of the board on the following two grounds :(i) the land acquisition officer, when passing an award under section 11 of the act functions as a 'judge' as defined in section 19 of the indian penal code (`ipc' for short) and therefore, is entitled to the protection of section 77 ipc. ..... society, through a forum known as mithila nagar suraksha & vikas samiti also made a representation to the chief minister on 17.10.2005 alleging that the khatedars/power of attorney holders of khasra no. ..... 2005 decided on 23.11.2005 ..... the appellant on behalf of the board lodged an fir on 7.11.2005 (at about 9.20 p.m. ..... 241 of 2005 registered at jyoti nagar police station, jaipur, in so far as respondents .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(3)AWC2352(SC); JT2009(5)SC456; 2009(4)SCALE491; (2009)4SCC523:2009AIRSCW5085
..... doubt, or where the arbitral tribunal appointed in the manner provided in the arbitration agreement has not functioned and it becomes necessary to make fresh appointment, the chief justice or his designate is not powerless to make appropriate alternative arrangements to give effect to the provision for arbitration.8. ..... frequent transfers of such members of the arbitral tribunal or by failing to take steps expeditiously to replace the arbitrators in terms of the arbitration agreement, the chief justice or his designate, required to exercise power under section 11 of the act, can step in and pass appropriate orders. ..... having regard to the emphasis on independence and impartiality in the new act, government, statutory authorities and government companies should think of phasing out arbitration clauses providing for serving officers and encourage professionalism ..... of an order dated 24.8.2005 passed by the high court, again a panel was made available and the respondent made its choice on 9.9.2005. ..... 256/2005 for appointment of an independent ..... background, the respondent again approached the high court on 10.11.2005 in arb. ..... 6511/2005 in aa ..... of the said petition, the general manager of northern railways appointed sri ved pal as the contractor's nominee arbitrator on 22.11.2005.5. ..... were taken in pursuance of it by the appellant, the respondent sent a reminder on 14.10.2005. ..... sitting of the arbitral tribunal, shri ashok gupta was also transferred and he tendered his resignation on 21.7.2005. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : I(2007)ACC356; 2007ACJ825; AIR2007SC1243; 2007(2)ALD122(SC); 2007(1)CTC523; [2007(2)JCR41(SC)]; JT2007(2)SC353; 2007(4)MhLj411; (2007)2MLJ1173(SC); 2007(2)SCALE227; (2007)3
..... the choice of the multiplier is determined by the age of the deceased (or that of the claimants whichever is higher) and by the calculation as to what capital sum, if invested at a rate of interest appropriate to a stable economy, would yield the multiplicand by way of annual interest. ..... subhagwanti : [1966]3scr649 in the matter of fixing the appropriate multiplier and computation of compensation. ..... considering the age of the deceased it would be appropriate to fix the multiplier at 13. ..... however, the appropriate highest multiplier was held to be 18. ..... 1951 (2) all er 448 .the multiplier method involves the ascertainment of the loss of dependency or the multiplicand having regard to the circumstances of the case and capitalizing the multiplicand by an appropriate multiplier. ..... in fact in trilok chand's case (supra), after reference to second schedule to the act, it was noticed that the same suffers from many defects. ..... therefore, instead of 16 the multiplier of 18 as was adopted in trilok chandra's case (supra) appears to be appropriate. ..... assessment of damages under the fatal accident act, 1976 - the courts have evolved a method for calculating the amount of pecuniary benefit that dependants could reasonably expect to have received from the deceased in the future. ..... with reference to section 81 of the act, it was indicated that the necessary care and caution was not taken. ..... it is stated that a sum of rupees four lakhs has been deposited pursuant to the order dated 4.4.2005. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(5)SCALE411
..... or if that commission is satisfied that any person has contravened any of the provisions of this act or the rules or regulations made thereunder, or any direction issued by the commission, the appropriate commission may after giving such person an opportunity of being heard in the matter, by order in writing, direct that, without prejudice to any other penalty to which he may be liable under this act, such person shall pay, by way of penalty, which shall not exceed one lakh ..... (6) the appellate tribunal may, for the purpose of examining the legality, propriety or correctness of appropriate commission under this act, as the case may be, in relation to any proceeding, on its own motion or otherwise, call for the records of such proceedings and make such order in the case as it thinks fit.5. ..... -(1) any person aggrieved by an order made by an adjudicating officer under this act (except under section 127) or an order made by the appropriate commission under this act may prefer an appeal to the appellate tribunal for electricity:provided that any person appealing against the order of the adjudicating officer levying any penalty shall, while filing the appeal, deposit the amount of ..... power of appellate tribunal- the appellate tribunal may, after hearing the appropriate commission or other interested party, if any, from time to time, issue such orders, instructions or directions as it may deem fit, to any appropriate commission for the performance of its statutory function under this act.142. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009AIRSCW3987; 2009LC(SC)496; 2009(5)SCALE489; 2009(4)LC1738(SC)
..... or if that commission is satisfied that any person has contravened any of the provisions of this act or the rules or regulations made thereunder, or any direction issued by the commission, the appropriate commission may after giving such person an opportunity of being heard in the matter, by order in writing, direct that, without prejudice to any other penalty to which he may be liable under this act, such person shall pay, by way of penalty, which shall not exceed one lakh ..... (6) the appellate tribunal may, for the purpose of examining the legality, propriety or correctness of appropriate commission under this act, as the case may be, in relation to any proceeding, on its own motion or otherwise, call for the records of such proceedings and make such order in the case as it thinks fit.5 ..... - (1) any person aggrieved by an order made by an adjudicating officer under this act (except under section 127) or an order made by the appropriate commission under this act may prefer an appeal to the appellate tribunal for electricity:provided that any person appealing against the order of the adjudicating officer levying any penalty shall, while filing the appeal, deposit the amount of ..... power of appellate tribunal- the appellate tribunal may, after hearing the appropriate commission or other interested party, if any, from time to time, issue such orders, instructions or directions as it may deem fit, to any appropriate commission for the performance of its statutory function under this act.142. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(3)AWC2669(SC); 2009LC(SC)508; JT2009(14)SC317; (2009)11SCC556
..... or if that commission is satisfied that any person has contravened any of the provisions of this act or the rules or regulations made thereunder, or any direction issued by the commission, the appropriate commission may after giving such person an opportunity of being heard in the matter, by order in writing, direct that, without prejudice to any other penalty to which he may be liable under this act, such person shall pay, by way of penalty, which shall not exceed one lakh ..... (6) the appellate tribunal may, for the purpose of examining the legality, propriety or correctness of appropriate commission under this act, as the case may be, in relation to any proceeding, on its own motion or otherwise, call for the records of such proceedings and make such order in the case as it thinks fit.5. ..... -(1) any person aggrieved by an order made by an adjudicating officer under this act (except under section 127) or an order made by the appropriate commission under this act may prefer an appeal to the appellate tribunal for electricity:provided that any person appealing against the order of the adjudicating officer levying any penalty shall, while filing the appeal, deposit the amount of ..... power of appellate tribunal- the appellate tribunal may, after hearing the appropriate commission or other interested party, if any, from time to time, issue such orders, instructions or directions as it may deem fit, to any appropriate commission for the performance of its statutory function under this act.142. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(4)AWC3416(SC); JT2009(13)SC567; 2009(7)SCALE573; (2009)13SCC354; 2009(3)SLJ216(SC):2009AIRSCW5739
..... functional cadre post and will adversely effect the entire policy of various categories of staff of the erstwhile board now corporation.the said objection petition was dismissed by a reason of an order dated 23-08-2005 passed by the learned executing court upon considering the findings of the trial court in the suit, stating:it is apparent from the bare reading of the aforesaid findings that the grant of pay scales of rs ..... is one thing to say that no right having crystalised in favour of a party to the lis, this court can mould the relief appropriately, but it is another thing to say that despite the decree being found to be an executable one, this court will refuse to direct ..... if on a fair interpretation of the judgment, order and decree passed by a court having appropriate jurisdiction in that behalf, the reliefs sought for by the plaintiff appear to have been granted, there is no reason as to why the executing court shall deprive him from obtaining the fruits of the decree ..... merely declares the right of the decree holder vis-a-vis the judgment debtor and does not in terms direct the judgment-debtor to do or refrain from doing any particular act or thing. ..... of the appellant-board, a successor of haryana state electricity board constituted and incorporated under section 5 and 12 of the electricity (supply) act, 1948. ..... in a compromise decree even otherwise would not be considered to be penal in nature so as to attract the provisions of section 74 of the indian contract act. 21. .....
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