Court : Guwahati
Decided on : Aug-17-2013
..... 33. considering the fact that the impugned order, dated 20-11-2012, passed by the learned aft, was demonstratively illegal and not sustainable in law, because the foundation of this order was on a wrong assumption of facts and position of law, it could not have been logically extended to mean, nor could have the respondents ..... complaints, such course of action cannot, but be described as ex facie unacceptable and arbitrary. in such a situation, one cannot help, but regard such unexplained act as an act of arbitrariness and reflective of bias, prejudice and mala fide. 76. while respondent nos. 4 and 5 have been treated with favour as can be clearly ..... blameworthy on 12 counts. (viii) the court of inquiry, according to the respondents, conducted the proceeding strictly in compliance of the various provisions contained in air force act and the rules framed thereunder and, thus, the proceedings, in question, its finding as well as all subsequent actions cannot be set aside and quashed, though the .....
Tag this Judgment!Court : Delhi
Decided on : Sep-03-2013
..... bench judgment of the supreme court in the case of unni krishnan j.p. & ors. etc. etc. vs. state of a.p. & ors. etc. etc. 1993(1) scc 64.and which clearly holds that the subject of education is a public function, and hence writ petitions are maintainable even against private educational institutions.4. the ..... schools will be treated not as contractual employees of the schools but statutory employees having statutory protection in terms of the relevant provisions of the delhi school education act and rules, 1973.8. so far as the first argument of estoppel is concerned, that argument is attractive only at the first blush, however, this argument ..... thereafter again a fresh contractual appointment and finally his termination as per the last contract dated 8.4.2010. it is argued that respondent no.1 having acted upon the aforesaid sequence of events comprised in different appointments cannot now contend that the ratio of the judgment in management committee of montfort senior secondary school vs .....
Tag this Judgment!Court : Delhi
Decided on : Jul-02-2013
..... application or took any further steps on the basis thereof. this argument was rejected by the division bench. the division bench was of the view that while the foundation for settlement was an application from the assessee in which the assessee is required to make a full and true disclosure, it was equally true that such requirement ..... applicant has made a full and true disclosure before it can admit the application or take any further steps on the basis thereof. it was contended that the foundation for settlement before the commission is an application made by the assessee which must contain a full and true disclosure of the relevant particulars required under the provisions ..... income in the revised annexure, filed on 19-9-1994 alone was sufficient to establish that the application made by the assessee on 30-9-1993 under section 245c(1) of the act could not be entertained as it did not contain a true and full disclosure of their undisclosed income and the manner in which such income .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-15-2013
..... may not be continued further. shri brian d'silva, learned counsel appearing for petitioner submitted that against the order dated 15.4.2013 in this case, indian broadcasting foundation has filed an slp before the apex court bearing slp (civil) no.9531/2013 which has been directed to be listed on 8.7.2013, so hearing ..... upon to provide details, none have been furnished. the notice therefore proposed to suspend or revoke the registration of the petitioner under the cable television networks (regulation) act 1995. the petitioner replied on 8 september 2012 stating that it was in the process of installing its digital head end and that the seeding of the set ..... , by which the division bench of bombay high court considering the question held thus:- 2. by the cable television networks (regulation) amendment act 2011 section 4a came to be substituted in the principal act in the following terms : 41. (1) where the central government is satisfied that it is necessary in the public interest so to do .....
Tag this Judgment!Court : Delhi
Decided on : May-15-2013
..... frivolous pleas to the notice and compelled the petitioner to approach this court for appointment of arbitrator under section 11(6) of the arbitration and conciliation act. in this petition also, the respondent raised all possible frivolous objections, including the objection to the territorial jurisdiction of this court as a result of ..... 2011 and 24th may, 2011.13. on 8th november, 2011, the petitioner filed the present petition under section 11(6) of the arbitration and conciliation act for appointment of the arbitrator. the show cause notice was issued to the respondent returnable on 19th december, 2011. the respondent entered appearance through his counsel ..... :hon'ble mr. justice j.r. midha judgment 1 the petitioner is seeking appointment of an arbitrator under section 11(6) of the arbitration and conciliation act, 1996 for adjudication of disputes between the parties.2. the petitioner is in the business of developing software products. the petitioner has developed various softwares. the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-15-2013
..... granted admission to the students without proper recognition and affiliation from the national council for teachers education or the university. referring to section 17a of the ncte act, 1993 it is pointed out that no admission can be granted without recognition and as admission was granted without proper recognition, the university has refused to declare the ..... in question was not having proper recognition for the academic session and therefore, it is stated by them that by virtue of section 17a of the ncte act, 1993 no relief can be granted to the institute or students now. having heard learned counsel for the parties and on consideration of rival contentions, it is ..... initiate the proceedings in accordance with law, in case, the petitioner wants to claim any damages or compensation for the loss caused due to default or act of commission or omission on the part of the respondent/institute. accordingly for the present finding no case for issuing any mandamus for declaration of results in .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-15-2013
..... granted admission to the students without proper recognition and affiliation from the national council for teachers education or the university. referring to section 17a of the ncte act, 1993 it is pointed out that no admission can be granted without recognition and as admission was granted without proper recognition, the university has refused to declare the ..... in question was not having proper recognition for the academic session and therefore, it is stated by them that by virtue of section 17a of the ncte act, 1993 no relief can be granted to the institute or students now. having heard learned counsel for the parties and on consideration of rival contentions, it is ..... initiate the proceedings in accordance with law, in case, the petitioner wants to claim any damages or compensation for the loss caused due to default or act of commission or omission on the part of the respondent/institute. accordingly for the present finding no case for issuing any mandamus for declaration of results in .....
Tag this Judgment!Court : Delhi
Decided on : Apr-15-2013
..... of order dated 03.06.1991, issued under the provisions of the cofeposa. 6.2 agreements were evidently executed between sbi and the private respondents on 27.10.1993 and 10.06.1994. 6.3 pursuant to the aforementioned agreements, pay orders were issued by respondent nos.6 and 7 between 22.05.1995 and 21.06. ..... is rescinded but under the 'contract of security' which remains in force and under which the forfeiture is imposed and incurred. sections 64, and 65 of the indian contract act, although they must now be taken to deal also with the return of benefit and/or advantage received under contracts, validly rescinded, (vide muralidhar v. international film co ..... law for the time being in force. the contention was that, any rights that sbi may have by virtue of the contract, and consequently, under the contract act stood overridden by provisions of section 24 of safema. reasons 6 having heard the learned counsels for the parties and perused the record, what essentially falls for consideration .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-15-2013
..... record that the school is being run since the year 1966 in the demised premises, still the appellate authority has wrongly held the school to have started from may 1993. after hearing learned counsel for petitioners(tenants) and perusing the paper book, this court is of the opinion that present revision cr no.7776 of 2012(o&m ..... case are that the respondent(landlady) dr. cr no.7776 of 2012(o&m) #2# mrs.vinot veena filed an ejectment petition under section 13 of the act for ejectment of the petitioners(tenants) from the demised premises which is a house in jalandhar on the ground that the petitioners(tenant nos.2 & 3) are sub ..... paruthi, advocate for petitioners(tenants).*** jaswant singh, j. petitioners(tenants) are in revision under section 15(5) of the east punjab urban rent restriction act, 1949 (hereinafter referred to as the act) against the concurrent findings returned by both the courts below, whereby the eviction petition filed by the respondent no.1(landlady) was partly allowed on .....
Tag this Judgment!Court : Delhi
Decided on : Apr-15-2013
..... crl.l.p. 250/2012 in protection is to be given to the child complainants in giving evidence in criminal proceedings involving sexual offences to ensure the foundational constitutional values of human dignity, achievement of equality and advancement of human rights and freedoms under section 28 (2) of the constitution which requires that in ..... additional standing counsel for the state which we note hereafter.7. our attention has been drawn to the pronouncement of the supreme court of canada reported at (1993) 4 scr 2231.r. vs. marquard wherein the court interpreted the competency inquiry to mean the witness ability and willingness to tell the truth, and the ..... cumulatively, these experiences will often be as traumatic and as damaging to the emotional and psychological well-being of the child complainant as the original abusive act was. indeed, high courts have come to accept that the giving of evidence in cases involving sexual offences exposes complainants to further trauma possibly as severe .....
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