Court : Karnataka
..... reliance on approval letter/tippani dated 08.09.2023 and also the office notings dated 12.09.2023, which bears the signature of the chief minister ..... to the petitioner is concerned we find that, before the file was put up for consideration before chief minister, it was already noted that the respondent no.3 is proposed to be transferred to the place of the petitioner. ..... additionally, learned senior counsel relying on the office notings made available to this court submits that, the state had initially placed the name of the respondent no.3 to the place of petitioner herein and subsequently, a tippani came to be inserted in the office noting on the basis of which the petitioner is now ..... learned senior counsel also negating the veracity of office notings would vehemently submit that the secretariat- respondent no.1 has not adduced any cogent reasons in the tippani as mandated under rule 9(b) of the transfer guidelines supra, so as to enable the chief ..... of the chief minister is obtained only in respect of the respondent no.3 is concerned and the name of the petitioner is inserted subsequently through office notings in the records and the same cannot be considered for the reason that, there was no prior approval for the same which is quid pro quo to the office notings that are placed for approval. g. ..... 24786/2023, learned senior counsel has vehemently contended that, the name of the petitioner has been added post obtaining prior-approval of the chief minister by a subsequent note/tippani. .....
Tag this Judgment!Court : Karnataka
..... reliance on approval letter/tippani dated 08.09.2023 and also the office notings dated 12.09.2023, which bears the signature of the chief minister ..... to the petitioner is concerned we find that, before the file was put up for consideration before chief minister, it was already noted that the respondent no.3 is proposed to be transferred to the place of the petitioner. ..... additionally, learned senior counsel relying on the office notings made available to this court submits that, the state had initially placed the name of the respondent no.3 to the place of petitioner herein and subsequently, a tippani came to be inserted in the office noting on the basis of which the petitioner is now ..... learned senior counsel also negating the veracity of office notings would vehemently submit that the secretariat- respondent no.1 has not adduced any cogent reasons in the tippani as mandated under rule 9(b) of the transfer guidelines supra, so as to enable the chief ..... of the chief minister is obtained only in respect of the respondent no.3 is concerned and the name of the petitioner is inserted subsequently through office notings in the records and the same cannot be considered for the reason that, there was no prior approval for the same which is quid pro quo to the office notings that are placed for approval. g. ..... 24786/2023, learned senior counsel has vehemently contended that, the name of the petitioner has been added post obtaining prior-approval of the chief minister by a subsequent note/tippani. .....
Tag this Judgment!Court : Karnataka
..... reliance on approval letter/tippani dated 08.09.2023 and also the office notings dated 12.09.2023, which bears the signature of the chief minister ..... to the petitioner is concerned we find that, before the file was put up for consideration before chief minister, it was already noted that the respondent no.3 is proposed to be transferred to the place of the petitioner. ..... additionally, learned senior counsel relying on the office notings made available to this court submits that, the state had initially placed the name of the respondent no.3 to the place of petitioner herein and subsequently, a tippani came to be inserted in the office noting on the basis of which the petitioner is now ..... learned senior counsel also negating the veracity of office notings would vehemently submit that the secretariat- respondent no.1 has not adduced any cogent reasons in the tippani as mandated under rule 9(b) of the transfer guidelines supra, so as to enable the chief ..... of the chief minister is obtained only in respect of the respondent no.3 is concerned and the name of the petitioner is inserted subsequently through office notings in the records and the same cannot be considered for the reason that, there was no prior approval for the same which is quid pro quo to the office notings that are placed for approval. g. ..... 24786/2023, learned senior counsel has vehemently contended that, the name of the petitioner has been added post obtaining prior-approval of the chief minister by a subsequent note/tippani. .....
Tag this Judgment!Court : Supreme Court of India
..... on perusal of the counter affidavit of the second respondent this court in the proceedings held on 21.11.2023 noted that annexure r-1 annexed to the said affidavit was a file noting recording the opinion of some officers that it was not a fit case to accord sanction under section 197 cr.pc to prosecute the second respondent. ..... 5.1 the high court in its order dated 05.01.2018 noted that the specific case of the appellant was that land admeasuring 1 acre 13 guntas in survey no.7/6 situated at chattanahalli village, halebeedu hobli, belur taluk, hassan district belonged to the appellant and his family members. .....
Tag this Judgment!Court : Supreme Court of India
..... while allowing the appeal and setting aside the decree passed by the high court and remanding the suit to the court of first instance for trial according to law, this court noted that rules 1 to 8 of order xx, cpc are, by the express provision contained in rule 3(5) of order xlix, cpc inapplicable to a chartered high court in the exercise of its ordinary or extraordinary original civil jurisdiction and hence, a judge of a chartered high ..... having regard to the nature and extent of controversy raised at the stage of execution, a decision on this appeal does not necessitate noting the facts triggering it and the rival contentions in great depth; however, we propose to briefly narrate the essential facts and submissions advanced by learned counsel for the parties before recording our conclusions.6 ..... the legal and factual position of the present case having been noted above, we hold that a decision rendered by a court on the merits of a controversy in favour of the plaintiff without first adjudicating on its competence to decide such controversy would amount to a decision being rendered on an illegal and erroneous assumption of ..... , not only had kazmi denied the assertions made in the plaint but he had also specifically objected to the maintainability of the suit itself before the trial court on the ground noted above. ..... having noted what rule 10 of order viii postulates, the order dated 5th august, 1991 may be examined now since it is the genesis of the present litigation before .....
Tag this Judgment!Court : Supreme Court of India
..... in the said case the respondents had filed the writ petition after seventeen years and the court, as stated earlier, took note of the delay and laches as relevant factors and set aside the order passed by the high court which had exercised the ..... we are, therefore, in complete agreement with the high court that the notings in the file did not confer any right upon the appellants, as long as they remained ..... from the afore-extracted notings of the commissioner and the order of the vice chairman, it is manifest that although there were several notings which recommended consideration of the appellants' case for relocation but finally no official communication was addressed to or received by the appellants accepting ..... apparently for the same reason, the note was made below the in- principle approval that further process to civil ..... needless to add that internal notings are not meant for outside ..... 18.7 the issue relating to internal notings as to whether it would confer any right or not has been adequately dealt with and settled by series of judgements of ..... 3659-3660/2023 page 10 of 33 noting in the office file and in-principle approval of the ..... it is trite to state that notings in a departmental file do not have the sanction of law to be an ..... of prejudice is also an important issue to be taken note civil appeal nos. ..... ii) the internal notings are not decisions and do not confer any right, till such time, the decision taken on file is translated into allotment order and duly communicated to .....
Tag this Judgment!Court : Supreme Court of India
..... in the said case, stressing on the right to clean environment to be a right guaranteed under article 21 of the constitution and also noting that the right to development also 31 (2004) 9 scc362:2003. ..... the united nations environment programme ( unep ) notes in its publication titled integrating the environment in urban planning and management key principles and approaches for cities in the 21st century that more than half of the world's population is now living in urban ..... it would not be without significance to note that 87 sustainable development is indeed a principle of development, it posits controlled ..... jain's case, after taking note of these facts, it was suggested that the possibility of an appeal from the tribunals on questions of law to a division bench of a high court within whose territorial jurisdiction the tribunal falls, be ..... the important point to be noted is that in this case we are concerned with vesting of forests in the ..... the article further notes that rapid expansion of the city with no appropriate thought given towards transportation and ease of mobility has led to nightmarish traffic jams on its arterial ..... the article notes that the primary canals known locally as rajakaluves were once natural rain-fed streams across which farmers built small bunds over time, to arrest the flow of water and ..... the article notes that, while on one hand, on account of heavy rains, many of the houses were submerged in water, on the other hand, the city faced a huge shortage of drinking .....
Tag this Judgment!Court : Supreme Court of India
..... . thereafter, on 08.05.2013, the home department, government of gujarat issued a circular referring to the decision of this court dated 20.11.2012 in sangeet and in order to implement the same and also taking note of the communication of the government of india dated 01.02.2013, the circular dated 09.07.1992 was cancelled in following manner: therefore, the provisions of circular no.jlk/3390/cm/16/part/2/j dated 09.07.1992 of the home department hereinabove referred to in ..... . the sessions judge, godhra, also considered the applications of respondent nos.3 to 13 and upon going through the particulars provided by the jail superintendent, sub-jail, godhra noted that the said report recorded that the convicts had demonstrated good behavior and conduct during the period of incarceration and that no adverse incident had been recorded against the convicts even ..... . the sessions court at dahod obviously had not complied with the mandatory requirements noted above under sub-section (2) of section 432 of the crpc inasmuch as the opinion was not forwarded along with reasons having regard to the record of the trial as no trial had taken place before the ..... of the code of criminal procedure, 1973 (hereinafter being referred to as the crpc ) stating that he had undergone more than 15 years 4 months of custody but his petition filed in the high court of gujarat came to be dismissed taking note of section 432(7) crpc and placing reliance on the judgment of this court in union of india vs. v .....
Tag this Judgment!Court : Supreme Court of India
..... it is rather surprising that this witness while engrossed in changing the wheel of his car at 10.30 pm manages to note the blood stains on the pant and also recorded the registration number of the motorcycle. ..... the multi- tasking of urinating, coughing, seeing the motorcycle, noting the blood stains clothes and recording the registration number 13 happens simultaneously. ..... having considered the matter in detail and having noted the various discrepancies and improbabilities, we are of the firm view that the prosecution has not established its case beyond reasonable doubt. ..... state of punjab, (2023) 7 scc727 one of us (justice gavai) has taken note of the 16 judgment in sharad birdhichand sarda v. ..... there is nothing to indicate that he had a pen or a paper to readily note the registration number. ..... being 3 suspicious he noted the registration number of the motorcycle being hr08e4962 this witness also says that he read about the murder of the deceased in the newspaper two days later, i.e. ..... it may be noted here that this court indicated that the circumstances concerned must or should and not may be established. .....
Tag this Judgment!Court : Supreme Court of India
..... on the exact same issue we may also note another opinion rendered by this court in dakshin haryana bijli vitran nigam limited v. ..... in the very same decision taking note of the opinion as is in russel on arbitration , reiterated the need for the court to look at the substance of the findings, rather than its form, stood reiterated and the need for adopting an approach of reading the award in a ..... it is important to note that the 1996 act was enacted to replace the 1940 arbitration act in order to provide for an arbitral procedure which is fair, efficient and capable of meeting the needs of arbitration; also to provide that the tribunal ..... while noting the provisions, more specifically, section 34(4) of the a&c act; the decisions rendered by this court, including the principles of international law enunciated in several decisions recorded in the treatise redfern and hunter on international arbitration, 6th edition , ..... dda10 are also of note. .....
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