Court : Delhi
Reported in : 2003(69)DRJ751
..... 'decision' dated 6th july, 1999 was not actuated with malice; there was sufficient material before the minister which warranted the said 'decision'; the said material was relevant; noting placed before him was factually correct and not false; the discretion was exercised objectively and with proper application of mind and it cannot be said that the wednesbury's principle of ..... petition was not amended and no prayer was made in the writ petition for seeking quashing of the 'decision' dated 16th july, 1999 of the successor minister for enforcement of 'decision/noting' dated 13th april, 1999, the entire controversy and the subject matter of the impugned 'decision' is based on these subsequent events which naturally were not and could not be the pleadings ..... set aside the impugned 'decision dated 6th july, 1999 of the successor minister primarily on the ground that the succeeding minister took the 'decision' on the basis of false noting placed before him indicating that the possession of the land had been taken over by the dda when in the file no material had been placed in order to show which could ..... plea the official respondents/appellants could not avoid determination of the issue as to whether action taken by the successor minister in reversing the earlier 'noting/decision' and in deciding not to go-ahead with the draft notification prepared pursuant to 'noting' dated 13th april, 1999 was fair and proper was the state could not escape its liability to show that its action was fair, .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(3)ALLMR715; (2008)110BOMLR1274
..... with the high court, may decide whether to extend the time and to appoint the same candidate or whether to call for fresh applications for the post of additional president of the goa administrative tribunalthis note was approved by the chief secretary on 11.9.07 who wrote 'since shri raikar has been selected after following the due procedure as per rules, he may be appointed as additional president of goa administrative tribunal ..... that probably resulted in issuance of the letter dated 12.12.07, which letter was replied by the high court vide its letter dated 31.1.08, which reads as under:with reference to the subject noted above, i am directed by the hon'ble the chief justice and judges to inform you that high court has no objection for acceptance of existing select list of the candidate for the ..... there was total non-communication with the high court and in fact, in one of its notings most surprisingly, it was stated that the high court need not be involved in the process ..... the chief secretary, however, expressed his reservations, and rightly so, and recorded the following note on 4.2.2008 on the file:after receipt of the file from cm, i find that the high court has approved the filling up the post of additional president of goa administrative tribunal on the basis of ..... of law, the administration diverted the main issue and travelled into the field of interpretation of rules and in one of the notings of the file stated 'high court need not be involved in the process of selection'. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR2339
..... sundaraswamy, counsel for respondent-3 submitted that even if the court came to the conclusion that the note of the secretary to the chief minister was the decision of the chief minister, the same was non est in law as the 3rd respondent was not heard in the matter ..... but nevertheless he has been asserting enough to submit that the decision signified in the noting on 5-6-1985 was really the decision of the chief minister meant to be implemented in accordance with ..... by the pipes made of aluminium or of galvanised iron or more expensive metals or synthetic materials or rubber hoses, pvc, plastic, etc, but the requirement of the department as indented perhaps preferred aluminium pipes as is to be made out from the notes in the records on account of its light weight, durability, and easy replacement, as well as cost. ..... some reason which cannot be discerned from the file, the secretary to the industries department having noticed the noting of the chief minister took a decision on behalf of the government and noted the same to cancel the contract in favour of pobatti agencies as directed by the noting of the secretary to the chief minister. ..... has reiterated what was filed in the original statement of objections and also has stated that the noting of the secretary to the chief minister was possibly overlooked by oversight. ..... last question which has fallen for consideration on account of the discovery by this court of the noting of the secretary to the chief minister should now be dealt with. .....
Tag this Judgment!Court : Delhi
Reported in : 1995IVAD(Delhi)119; 60(1995)DLT359
..... '(20) the above cited judgments of the hon'ble supreme court strengthen our view that what is contained in annexure 'n' is only a noting in the notes file and not an order of the government which can be got implemented or enforced with the aid of an order of this court under article 226 of the constitution of ..... 1st respondent has categorically stated in its counter affidavit that the file did not end with the note dated 19.4.1991 and that the matter had been examined at various levels and in depth. ..... shankar, : 1987crilj1860 the court observed as under:- 'the nothings in a notes file do not have behind them the sanction of law as an effective order ..... the respondents have not denied the existence or correctness of the noting dated 19x1991 of the minister of state in the relevant government file ..... respondents i and 2 have stated that annexure 'n' is a photocopy of a note recorded in the government file by the minister of state, ministry of welfare on 19.4.1991 and that by filing photocopy of an official noting unauthorisedly obtained 'from a government file amounts to violation of the provisions of the official secrets ..... is produced by the petitioners is an unauthorisedly made copy of a noting in the government file meant only for internal use. ..... the allegation made by the petitioner that the note dated 19.4.1991 was not implemented due to deep rooted nexus between corrupt officials of the 2nd respondent and the ministry of welfare is vehemently denied, describing it as totally baseless .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2010SC433; 2010(1)AWC253(SC); JT2009(11)SC311; 2009(11)SCALE731; 2009(9)LC4025(SC):2009AIRSCW6953
..... functions and parties are the very life and soul of the club.the aforesaid averments made in the written statement filed by shri satish khosla in the above noted suit clearly reveal that the cottages at the club and its lawns are being used for commercial and rental ..... .27. in the light of the submissions made by the learned counsel for the parties, we shall now consider whether note dated 8.6.1999 recorded by the then minister for urban development can be treated as a decision of the government to withdraw from the acquisition of land in question in terms of section 48(1) of the ..... supp. 3 scr 713, in the backdrop of the argument that once the revenue minister of pepsu had recorded a note in the file that the punishment imposed on the respondent be reduced from dismissal to that of reversion, the same could ..... litigation. this being the position, the appellants cannot rely upon the note recorded by the then minister on 8.6.1999 for pleading before the court that the government had taken decision to withdraw from the acquisition of land in question ..... ors. : (1987) 3 scc 34, a two-judge bench while considering the question whether notings recorded in the file would constitute civil or criminal contempt within the meaning of section 2(b) and (c) of ..... .47. although, the then minister for urban development, who recorded note dated 8.6.1999, was extremely magnanimous to the appellants when he wrote that the extensive construction must have been made with full cooperation of public servants concerned, .....
Tag this Judgment!Court : Jharkhand
Reported in : [2005(1)JCR91(Jhr)]
..... for entitlement of the increment, because under the aforesaid regulation of 1968 such government servants, who have to pass the hindi reading and writing examination in devnagri script or hindi noting and drafting examination in devnagri script or both the examinations, shall neither be given any increment nor be confirmed nor should they be allowed to cross the efficiency bar till ..... respondents that the petitioner was promoted to the post of assistant sub-inspector in the year 1980 with a condition that he has to pass the hindi noting and drafting examination within one year but the petitioner passed the hindi noting and drafting examination, only in the year 1993 and, therefore, the amount of increment paid to the petitioner in between the period from 1981 to ..... post of assistant sub-inspector on 29.5.1980 and within one year of his promotion it was incumbent upon him to pass hindi noting and drafting examination in order to avail increment of salary but as it appears from his service records, the petitioner passed the said hindi noting and drafting examination only on 20th december, 1993 and as such it was found that he was wrongly withdrawing/given the increment ..... 361/ra, dated 15th june, 1968, wherein it was clearly stated that those government servants/employees who have to draft hindi noting and drafting must have to pass hindi noting and drafting examination within one year, failing which their increment will be held up and the services will not be confirmed as per rule 2 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2006CriLJ1503
..... the accused out of malice and ill-will against the complainant, made defamatory remarks on the margin of the noting sheet, which read as under :nonsense who is this idiot who can afford to write such a language in file.it is alleged by the complainant that the above defamatory remarks were seen by the senior officers and ..... complainant had been making his independent noting with regard to deficiencies on the official file, which was not liked by the superintending engineer and he pressurized the complainant not to make such noting and, therefore, the accused was bearing malice against ..... moreover, a bare reading of the entire noting sheet shows that the superintending engineer in exercise of superior authority had noted down that work order be finalised as the payment was not made to the contractor for the last one year in order to avoid ..... many deficiencies and shortcomings in the bill which he noted down on the noting sheet of the concerned file. ..... ' it is pointed out that in the noting, the complainant who is an upper division clerk, wrote that charge regarding withholding the payment is quite 'absurd' and there has been no delay or piecemeal objections ..... a reading of the entire noting sheet shows that superintending engineer, mechanical construction branch, is referring to payments to be made ..... a superior officer's noting that a subordinate had used objectionable language in the file would not, in any manner, bring the remarks within the ambit of defamation punishable under section .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)193CTR(P& H)550; [2005]275ITR294(P& H)
..... he pointed out that in earlier two notings the dates were mentioned by the ao, but not on this noting which clearly indicates that this noting was not made on 25th nov. ..... however, at the same time, the learned counsel also could not point out any positive evidence which may indicate that the third noting in the order-sheet was not of 25th nov. ..... we are unable to accept the contention of the learned departmental representative because when on the first two notings the dates were mentioned both the times though it was necessary when the noting is on the same date, has no force. ..... the claim of the assessee's counsel is that this subsequent noting is not of 25th nov. ..... the learned departmental representative submitted that since the noting of 25th nov. ..... as per this noting the reasons have been recorded. ..... thereafter, there is noting without putting any date. ..... 'from the above, it is evident that the ao's first noting of 25th nov. ..... this noting is also signed. ..... another noting also signed on the same date was 'notice under section 148 send for signature'. ..... this noting was duly signed. ..... the notings of the ao on the order-sheet, as reproduced by the cit(a) on p. ..... in support of his contention, he tried to derive support from the fact that no date was mentioned while asking this noting. ..... we are unable to understand the significance of the second noting. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2009(8)SC339; (2009)7SCC561; 2009(8)LC3627(SC)
..... said letter, the said firm also expressed its desire to develop the pondicherry port.the director (ports) referred to the note dated february 3, 2005 and stated that out of the 11 firms/ companies mentioned in the note, 7 firms and companies had already made presentations before the committee but 4 firms had not made presentation. ..... to the remaining six firms/companies, who had submitted their expression of interest after the time limit, it was recommended by the under secretary (port) in his noting dated december 3, 2004 that they should not be considered in view of previous experience and the general financial rules, 1963. ..... of the recommendations made by the chief secretary in his letter dated february 27, 2003 a decision was taken by the government of pondicherry, which was noted by the director (port) in his noting dated march 25, 2003 recommending constitution of a committee to look into all the matters relating to the privatization process. ..... the fact that the learned counsel for the appellants had handed over the note to the high court is admitted but it is alleged that since the conditions mentioned in the note were not accepted, there was no concession as is sought to be made out by ..... what is evident from the record is that the chief secretary, government of pondicherry, in his notings dated june 25, 2003 indicated that he had discussion about the issue with the former secretary, ministry of shipping, who had informed him that it was not obligatory to obtain permission from .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)4GLR3071
..... for by the governor of gujarat from me government and the said files were again scrutinized and examined thoroughly and the governor of gujarat state approved the decision of the state government by the noting dated 21-1-1989 if all the proceedings for withdrawal of the show-cause notice and the criminal prosecution have been scrutinized by the governor of gujarat state, it cannot be presumed that the decision ..... at the time of granting the licences in disputes as licences were to be given to the ex-army officer/personnel and the matter was investigated by the deputy secretary to the prohibition department who submitted the noting to the secretary of the prohibition department recommending that the notice issued to the petitioner should be quashed and set aside as it has been issued after lapse of eight years and there was no requirement that f.l ..... the then chief minister, shri chimanbhai patel called for all the records and scrutinized and examined all the papers thoroughly, the prohibition minister by the noting dated 22-3-1989 and the men chief minister by the noting dated 31-3-1989 approved the decision of the state government to grant the licences in favour the petitioner and the decision for continuing the licences and to drop ..... minister of the concerned department and the chief minister and the governor of the state having no sense and prudence blindly approved the note for withdrawal/discharge of the show-cause notice and criminal prosecution without applying their mind. .....
Tag this Judgment!