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Mr. Rajendra Thacker Vs. Municipal Corporation of Gr. Mumbai and anr.

Court : Mumbai

Reported in : 2004(4)BomCR1; (2004)106BOMLR598

..... 64(b) of the said regulations,(f) that as regards the contention contained in paragraph 6(f) it was contended that the bombay municipal corporation levied the premium in accordance with policy contained in internal administrative documents like noting, minutes of meeting or circulars, reliance was placed on documents annexed with the affidavit of a. ..... (ii) to support the contention that the signature of the municipal commissioner below the noting would amount to a reasoned order, reliance was placed by the respondents on the judgment of the apex court in the case of b.m.c. v. p. ..... (c) it was contended that in practically all the cases, the record indicated that a noting had been put up by a subordinate engineer of the concerned ward and thereafter signatures were appended in approval by the deputy chief engineer, chief engineer, director (es & p) and municipal ..... sane, the reasons for permitting proposed regularisation are detailed in the note prepared by the engineer of the ward as under :in this case, owner ..... it was further contended that neither at the stage of preparing the original noting, nor at the stage of affixing signature of the higher authority including municipal commissioner was there anything to indicate that the relaxation granted would not affect the health, safety, fire safety, structural safety ..... penalty will be recovered at double the rates.submitted please.it is this note which is ultimately signed by his superiors and ultimately by the municipal commissioner .....

Nand Kishore Pandey Vs. Jharkhand State Electricity Board and ors.

Court : Jharkhand

Reported in : 2007(1)BLJR238; [2006(4)JCR541(Jhr)]

..... subsequently the board took a decision by issuing office order for recovery of diverse sums of money paid to the respondents by way of increments on the ground that they did not pass hindi noting & drafting examination at the relevant time which was a condition precedent for granting annual increments in terms of the policy decision of the board. ..... in this writ application the petitioner has prayed for issuance of a writ commanding upon the respondents not to recover the alleged excess payment from his salary on the ground of non-passing of hindi noting and drafting examination and further for a direction to release the annual increments which has been with held by the respondents.2. ..... 537 dated 16.7.1989 wherein there is requirement of the board employees for passing hindi noting and drafting examination before getting any increment or promotion. ..... it was only in 1992-94 employees of the board were informed by a circular that those employees who will not pass hindi noting and drafting examination shall not get increments.11. ..... the petitioner immediately appeared in the hindi noting and drafting examination conducted by the board and passed the said examination in 1994. ..... while dealing with the matter the supreme court held as under:admittedly , the writ petitioners have been allowed annual increments even without passing the hindi noting and drafting examination which according to mr. .....

Asstt. Cit Vs. Rakesh M. Shah

Court : Mumbai

Reported in : (2004)86TTJ(Mumbai)288

..... the learned counsel for the assessee argued that no addition on the basis of noting on loose paper can be made since there is no material to relate the same to any expenditure made by ..... he argued that no question regarding the nature and source of the alleged noting was made to the deceased assessee, who was alive for about 11 months after the search operations were conducted.he argued that on 25-6-1995, the wife of the assessee died and thereafter the assessee ..... : was made by the assessee and there is no reason to suggest that this noting is not covered by the disclosure made by the assessee. ..... that for the first time on 18-3-1996, the legal heir was questioned regarding the alleged noting and on 26-3-1995, the assessment order was passed. ..... assessee was a real estate broker and the alleged noting on the seized document can be interpreted differently. ..... made by the assessee at the time of search and due to this reason no question regarding the alleged noting was made to the assessee by the revenue. ..... he argued that no addition on the basis of some, noting on the loose paper cdn be made without relating the same to some explained expenditure made by ..... view there cannot be any addition made in the hands of the assessee by invoking section 69c of the act, on the mere noting on the loose sheet reproduced above. ..... that the son of the deceased assessee was handling all the affairs of the assessee and therefore he should be well aware of the nature and source of the noting on the loose paper.5. .....

Gagandeep Kang and ors. Vs. the Union Territory and anr.

Court : Punjab and Haryana

Reported in : (2003)134PLR424

..... sarin, the learned senior counsel for the petitioners has produced on record a photostat copy of the noting sheet dated 1.6.1989 and the endorsement dated 6.6.1989 in respect of publication of the notification in the locality by one sh.banarsi dass, cartsman. ..... the counsel for the petitioners have relied upon noting sheet dated 1.6.1989 whereby secretary, notified area committee, manimajra had directed sanitary inspector to cause wide publicity of the notification in the locality through beat of drum on 1.6.1989. ..... the attention of the court was drawn to the noting dated 17.5.1989 wherein proposal for the acquisition of 68.34 acres of land in village manimajra was being examined. ..... they have relied upon a noting initiated by sanitary inspector on 1.6.1989 wherein it has been reported that the publication has been made by one cartsman in the locality by beat of drum. ..... in the said noting, approval of the advisor to the administrator of chandigarh administration exercising the powers of the state government was solicited in terms of section 58 of 1911 act. ..... the said noting sheet has been seen by the secretary notification area committee and placed on the file. ..... the said noting sheet is marked as annexure 'c' for the facility of reference. 9. ..... reporter 267 to contend that the notification was required to be published in the vicinity of the land acquired whereas no such publication in the vicinity of the land acquired can be said to have been carried out on the basis of noting sheet. 13. .....

Md. Yusuf Vs. Jharkhand State Electricity Board, Through Its Chairman ...

Court : Jharkhand

Reported in : [2005(4)JCR125(Jhr)]

..... learned counsel for the jseb further submitted that in that view since the relevant time the petitioner had not passed the hindi noting and drafting examination he was not entitled to get increment and as such the unauthorized payments towards his annual increments or any pay is recoverable and in that view anneuxre-16 cannot be said to be illegal ..... it has been clearly held that once the employee passed the required hindi noting and drafting examination he becomes entitled to get increments with arrears and also to all consequential benefits including the arrears of ..... it has been stated that the petitioner passed the hindi noting and drafting examination held on 15.4.1984 and on that basis, the annual increment given to the petitioner from 16.7.1979 to 15.4.1984 is to be recovered, as the petitioner passed the hindi noting and drafting examination on 15.4.1984 and before that date he was not entitled to the increment.8. ..... the petitioner having subsequently passed the required hindi noting and drafting examination in the year 1984, becomes entitled to the annual ..... servant who have not passed hindi in debnagri or hindi noting and drafting examination in debnagri script or both the examinations, should be neither given annual increments nor should they be allowed to cross the efficiency bar till such time and the ..... he submitted that having passed the hindi noting and drafting examination in 1984 he is entitled to get the increment with all the arrears in support of the said .....

Kathuria Public School Vs. Union of India

Court : Delhi

..... while denying de-notification of the land of the petitioners, we find that the respondents have duly explained the circumstances in which the aforesaid lands were de- notified.we also note that a similar contention citing the same instances of de-notification of land was examined by supreme court in shanti sports club and anr. vs. ..... case of the petitioners is that they are running a school on this land, though the survey report, referred in the notings in the file of land & building department, shows that oriental bank of commerce is also being run in one of ..... this however, was controverted by the learned counsel for the respondents who submitted that the noting recorded by shri u.p.singh was the view of an individual, which was not accepted by the competent authority and therefore does not constitute the view of the government or an ..... , any irregularity in constitution of the committee becomes insignificant and does not vitiate the decision taken by the lieutenant governor, who had the benefit of having the whole of the file containing notings of various officers as well as the correspondence, with him at the time of taking decision in the matter.17. ..... during the course of arguments, the learned counsel for the petitioners relied upon the notings dated 6.4.1999 and 5.5.1999 recorded by shri u.p.singh osd (litigation) in the relevant file of land & building department and the letter dated 26.5.1999 written by shri shamim ahmed, director (lm) hq to ds (la), land & building department .....

Smt. Icchu Devi Choraria Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1980SC1983; (1980)4SCC531; [1981]1SCR640

..... it was only on 11th july 1980 that these two representations dated 9th june 1980 and 26th june 1980 came to be considered by the under secretary and he made a noting on the file recommending that the request of the detenu for revocation of the order of detention may be rejected, and this noting was approved by the deputy secretary as well as the secretary on the same day and the chief minister endorsed it on 14th july 1980. ..... how these two representations of the detenu could be rejected by the detaining authority when the request of the detenu for copies of the tapes was pending and the secretary to the state government in fact made a noting on 11th july 1980 that the copies of the tapes must be given to the detenu by the customs department. ..... it appears that the chief minister endorsed the noting of the secretary on 14th july 1980. ..... the deputy secretary approved the noting of the under secretary that the request for revocation of the detention order may be rejected and the file was immediately put up before the secretary on the same day and the secretary also approved .....

i.D. Garg and ors. Vs. Union of India and ors.

Court : Delhi

Reported in : ILR1977Delhi517B

..... issue of december 59 memorandum, had the concurrence of the ministry of home affairs was based on a reference made in 1960 by the chairman of the central water and power commission and a reference to the noting in the ministry of irrigation and power and the ministry of home affairs in relation thereto and referred to above leave no manner of doubt that in the first instance, the reference was of a limited question ..... construe the impact of one memorandum on the other or to construe the correspondence between the ministries and the inter-ministerial noting on the question on the basis that the ministries concerned either applied the rules contained in the december 59 memorandum or ..... at the same time, it is difficult to ignore the position taken up by the ministry of home affairs as examplified in some of the noting which had the approval of no less a person than the then home minister himself, which clearly indicates that, even though falling short of an express concurrence, the ..... (15) the picture however fragmented, that thus emerges on a perusal of these notes and on an examination of the totality of the circumstances attending on the examination of the question in the three ministries may be broadly summarised thus : in the first place, the ..... sought and was granted opportunity to file supplementary affidavits and copies of the official correspondence and departmental and inter-departmental noting on the question as to the applicability of the rules for determination of seniority. .....

Sri Ballabh Marbles and 26 ors. Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 117(2005)DLT387

..... governor without applying his own mind and without examining the actual need and requirement, signed the said note for acquisition of land and this led to the issuance of notification under sections 4, 6 and 17 of the act invoking urgency powers and dispensing with the requirement of inviting objections under section 5a of the ..... that the notification under section 17(4) of the act is also to be issued and the three circumstances which clearly spell out to draw this inference would be following:(i) in the note dated 20th february, 1998, there is discussion about 80 per cent compensation. ..... these cases are directly on the point as exactly same noting, as in the present case, was held to be not sufficient to constitute that there was any order for issuance of notification under section 17(4) of the ..... from the averments made in the writ petition, brief note whereof is taken above, we also get the feel of the nature of challenge to the notifications. ..... for the respondents submitted that it could clearly be inferred from the noting and circumstances that it was also in contemplation of the lt. ..... basis of this survey, which was circulated on 1st september, 1997, note for acquisition was prepared six months thereafter i.e. ..... however, all these cases were taken note of and discussed by the supreme court in the case of om prakash and anr ..... governor at the time when he signed the note dated 4th march, 1998 and this draft notification in no certain terms indicated that provisions of section 5a shall .....

Outdoors Communication Vs. Pwd and Municipal Corporation of Delhi

Court : Delhi

Reported in : 2007(2)CTLJ179(Del)

..... manner and at such places as to obstruct or interfere with the visibility of approaching, merging or intersecting traffic:(3) within 10 m of the edge of a carriageway;note:- a distance of 10 m may be taken as the normal minimum setback from the edge of the carriageway, the maximum area of the advertisement being 0.3 sq.m. ..... document placed before this court after the order of the apex court on 20th november, 1997 is a noting dated 24th november, 1997 of the assistant commissioner (advertising), municipal corporation of delhi. ..... by the mcd and have perused the nothings and decisions taken after the passing of the orders dated 20th november, 1997 and 10th december, 1997 by the supreme court of india.the note referred to by the commissioner, mcd in the noting dated 18th december, 1997 is available in the file. ..... areas, this distances may be reduced to 50 m, provided there is no conflict with the requirements stated furtheron;note: the safe stopping distance for a vehicle traveling at a speed of 50 km/hr. is 60 m. ..... ' observations from this order were reproduced in the noting recorded on this date noticing that the 'commissioner, mcd had shown disappointment over lack of generation of revenues since 2001 through outdoors ..... jain, assistant commissioner (advertising), mcd put up a noting that all structures which have been fixed on the municipal land and on private premises for the display of hoardings are also liable to be removed and sought a direction to all the dmcs to issue instructions .....