Court : Jharkhand
..... as request of chanani transport for appointment an external independent monitor for which a direction was sought, initially in the main writ petition, which subsequently was amended on account of certain fresh 7 developments, the findings returned by the learned writ court is that chanani transport could not demonstrate that an external independent ..... risk purchases, failing which alternative arrangements were to be made for recovering the same. the appellant had moved petition under section 33 of the arbitration act before the court alleging that there was no concluded contract in existence between the parties containing any arbitration clause, while the union of india took a ..... was concluded contract between the parties which bound the appellant- firm. the appellant sought injunction under section 41 of the second schedule of the arbitration act and order 39 rules 1 and 2 read with section 151 of the code of civil procedure restraining the respondent- union of india from appropriating, .....
Tag this Judgment!Court : Jharkhand
..... the bills were raised in terms of the tariff applicable from time to time. it has further been submitted that once the amendment application preferred by the petitioner has been rejected by this court and which has been affirmed in appeal, the said order having ..... authority. mr. ajit kumar, learned senior counsel for respondent nos. 1 to 4 has at the out set submitted that the letters patent appeal, which was preferred against the order dated 26.03.2015 by this court in i.a. no. 1353 of 2015 was withdrawn ..... : i) the bill on the basis of 1999 tariff schedule should be raised w.e.f. 06.04.2000 till 31.03.2002; ii) the bill for the month of april, 2000 has to be levied proportionately i.e. from 01.04.2000 till 05 ..... relevant periods while raising the bills. the certificate officer as has been submitted by the learned senior counsel for the petitioner, is acting in a haste and which has created apprehensions for the petitioner that proper adjudication will not be made by the certificate officer. .....
Tag this Judgment!Court : Jharkhand
..... prior to discharge of the petitioners. it has further been submitted that the notification dated 05.08.2013 was issued in purported compliance of amended statute 11 of the central universities act, 2009, has no legal enforceability, since the same has not been published in the official gazette as required under section 43 of the ..... learned counsel appearing for the petitioners submits that the judgment cited by the respondent-university reported in (1999) 2 scc22 (radhe shyam gupta vs up state agro industries), (2002) 1 scc520(pavenendra narayan verma vs. sanjay gandhi pgims & anr.) and (2010)2 scc623(chaitanya prakesh vs. h omkarappa) are distinct from the present case as ..... regard, observations of the hon ble apex court rendered in the case of pavanendra narayan verma vs. sanjay gandhi pgi of medical sciences & anr. reported in [(2002) 1 scc520 has been referred to: 33. it was finally argued by the appellant that the intention of the respondents to punish him was clear from the following .....
Tag this Judgment!Court : Jharkhand
..... prior to discharge of the petitioners. it has further been submitted that the notification dated 05.08.2013 was issued in purported compliance of amended statute 11 of the central universities act, 2009, has no legal enforceability, since the same has not been published in the official gazette as required under section 43 of the ..... learned counsel appearing for the petitioners submits that the judgment cited by the respondent-university reported in (1999) 2 scc22 (radhe shyam gupta vs up state agro industries), (2002) 1 scc520(pavenendra narayan verma vs. sanjay gandhi pgims & anr.) and (2010)2 scc623(chaitanya prakesh vs. h omkarappa) are distinct from the present case as ..... regard, observations of the hon ble apex court rendered in the case of pavanendra narayan verma vs. sanjay gandhi pgi of medical sciences & anr. reported in [(2002) 1 scc520 has been referred to: 33. it was finally argued by the appellant that the intention of the respondents to punish him was clear from the following .....
Tag this Judgment!Court : Jharkhand
..... prior to discharge of the petitioners. it has further been submitted that the notification dated 05.08.2013 was issued in purported compliance of amended statute 11 of the central universities act, 2009, has no legal enforceability, since the same has not been published in the official gazette as required under section 43 of the ..... learned counsel appearing for the petitioners submits that the judgment cited by the respondent-university reported in (1999) 2 scc22 (radhe shyam gupta vs up state agro industries), (2002) 1 scc520(pavenendra narayan verma vs. sanjay gandhi pgims & anr.) and (2010)2 scc623(chaitanya prakesh vs. h omkarappa) are distinct from the present case as ..... regard, observations of the hon ble apex court rendered in the case of pavanendra narayan verma vs. sanjay gandhi pgi of medical sciences & anr. reported in [(2002) 1 scc520 has been referred to: 33. it was finally argued by the appellant that the intention of the respondents to punish him was clear from the following .....
Tag this Judgment!Court : Jharkhand
..... prior to discharge of the petitioners. it has further been submitted that the notification dated 05.08.2013 was issued in purported compliance of amended statute 11 of the central universities act, 2009, has no legal enforceability, since the same has not been published in the official gazette as required under section 43 of the ..... learned counsel appearing for the petitioners submits that the judgment cited by the respondent-university reported in (1999) 2 scc22 (radhe shyam gupta vs up state agro industries), (2002) 1 scc520(pavenendra narayan verma vs. sanjay gandhi pgims & anr.) and (2010)2 scc623(chaitanya prakesh vs. h omkarappa) are distinct from the present case as ..... regard, observations of the hon ble apex court rendered in the case of pavanendra narayan verma vs. sanjay gandhi pgi of medical sciences & anr. reported in [(2002) 1 scc520 has been referred to: 33. it was finally argued by the appellant that the intention of the respondents to punish him was clear from the following .....
Tag this Judgment!Court : Jharkhand
..... 14, 1983 as under:- further resolved that the powers to levy and recover damages from the employer(s) under sec.85(b) of the esi act, 1948 as amended may also be exercised by the joint regional director in-charge of sub-regional office in addition to the officers authorized in the corporation's resolution dated ..... 13. since the appellant did not put its appearance, the deputy director, e.s.i. corporation passed the impugned order on 11th february, 2002 under section 45-a of the act, directing the appellant to deposit required contribution with interest. after passing the aforesaid order, the appellant started making correspondences, but failed to prove ..... and, therefore, it could not appear before the authority on 24th september, 1998.4. the appellant wrote several letters, including the letters dated 23rd june, 2002 and 4th april, 2002, requesting the respondents for supply of copy of notice dated 20 th august, 1998, but the corporation and the deputy director did not respond. thereafter, .....
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..... were pending, that did not in any way stand on the way of the employer to initiate another departmental proceeding and that too on the basis of an amended provision which came into effect after initiation of the previous departmental proceeding. the high court's view therefore is clearly unsustainable. the high court had also observed ..... that those charges are not attracted in the case of the petitioner. to fortify his contention he relied upon a decision of the honble supreme court reported in (2002) 10 scc 471.8. per contra, mr. anoop kumar mehta, learned counsel appearing for the respondents has reiterated the stand taken in the counter-affidavit and ..... respondent management issued the second charge sheet. as stated hereinabove, the second charge sheet is not in relation to unauthorised absence from duty or violation of mines act, rules, regulation or standing orders which was there in the first charge sheet. while the second charge sheet is in relation to conviction in the criminal case .....
Tag this Judgment!Court : Jharkhand
..... member accountant in the income tax appellate tribunal and that there was an undertaking by the union of india that it would be making further appointments only after amendment of the rules. in such circumstances, the hon'ble supreme court issued the direction for appointment of the said petitioner on the basis of his position in ..... claim for appointment was raised by the writ petitioner, even though certain selected candidates did not report for joining. we may usefully reproduce the circular no.e(rrb)/2002/13/3 dated 8th january, 2003 (annexure-10) relied upon by the petitioner for appreciating the contention of the parties. board have decided that replacement panel can ..... reasons nullify the whole exercise and tell the candidates when they complain that they have no legal right to appointment. there is an obligation upon the government to act fairly.14. the factual matrix of the instant case reveals that petitioner never choose to raise a cause of action during life of the panel. he for .....
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