Court : Mumbai
Reported in : [2002]109CompCas18(Bom)
..... the quietists had specifically asked a question therein as to whether it is advisable to go ahead with the public advertisement after the judgment in the case of fascinating leasing and finance p. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1981Guj254; (1982)1GLR482
1. both these appeals are directed against the judgment of the learned assistant judge, surat, in regular civil appeal no. 279 of 1977 arising from the judgment of the learned civil judge, junior division, olpad, before whom regular civil suit no. 8 of 1971 was filed by the administrators, mutawallis and trustees of masiid of khusad village, who are appellants in cross second appeal no. 496 of 1979.2. the aforesaid suit was filed by the aforesaid plaintiffs against khudsad gram panchayat (hereinafter referred to as 'the panchayat') on the allegation that in the property of the masjid the panchayat by demolishing the ota attached to the well, and filling up the well constructed a road from south to north. it is the case that the panchayat had no authority, but went on giving notices twice or thrice to the plaintiffs who also replied the notices all the times, denying the right of the panchayat on the land of the masjid. first of all it seems that the panchayat objected to the construction being made by the masjid authorities who were erecting some cess-pool and repairing the ota. it was considered by the panchayat that they were erecting some permanent structures with a view to obstruct the public to pass on that road to go to the pond on the north and fields, because the entire village is situated towards the south of the masjid property, and it starts from the houses of patidars.3. it was the case of the panchayat that permission to make construction should have been .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR3981
mridula bhatkar, j.1. accused no. 1 deepti anil devasthali (daughter of accused no. 2) and accused no. 2 leena anil devasthali are convicted by the learned ad hoc sessions judge, pune by judgment and order dated 27th december, 2007 for committing the offence of abduction and murder of one dr. deepak mahajan alongwith other offences. they are sentenced to death for the offences of abduction for ransom and murder. hence this appeal against the conviction filed by both the accused and the reference for confirmation.2. as per the case of the prosecution accused no. 1 deepti and accused no. 2 leena who are related as daughter and mother conspired to abduct dr. deepak mahajan in order to demand ransom and commit his murder. both the ladies started a detective agency by name blue bird detective agency having its office at shaniwar peth, near omkareshwar temple, pune. on 11/6/2006 they gave an advertisement in newspaper sakal that they wanted to employ young, healthy and clever men to work in their detective agency. in response to their advertisement, p.w.3 pravin dnyaneshwar kamble, p.w.2 ashok jagannath magar, p.w.1 ketan pramod kale and court witness (cw1) rahul abhimanyu bhosale amongst others have applied and were interviewed by accused no. 1 and accused no. 2. accused no. 1 and accused no. 2 did not disclose their identity and real names but they represented to be one joshi madam and miss pradnya kale. in furtherance of the conspiracy out of these four persons p.w.2 ashok .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(12)SCALE84; (2009)9SCC135; 2009(9)LC4065(SC); 2009(5)LHSC2985
h.l. dattu, j.1. leave granted.2. these appeals are directed against the judgment and order passed by the high court of judicature of m.p., jabalpur bench at gwalior in w. a. no. 259 of 2007 dated 18.09.2007.3. the facts in brief are: the appellant - public service commission had issued two advertisements inviting applications from eligible and qualified persons for state service examination 2001. in the notification issued on 01.11.2001 it was clearly mentioned that the age limit for appearing in the preliminary examination shall be 30 years relaxable by three years as on 1.1.2002 and subsequently on 9.10.2003, another advertisement was issued where the age limit has been prescribed as 30 years relaxable by five years as on 1.1.2004.4. the respondents (arvind singh chauhan and others) appeared in the preliminary examination conducted by the appellant. they were declared passed in the said preliminary examination and were allotted roll numbers for appearing in the final examination which was to be conducted in may-june 2006. however, the respondents were not permitted by the appellant- m mission from appearing in the viva-voce cotest/final examination on the ground that they were over aged.5. aggrieved by the aforesaid action of the appellant, the respondents filed a writ petition before the hon'ble high court of judicature of m.p bench at gwalior, inter alia requesting the court to direct the public service commission not to exclude the respondents and other similarly .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC148; 2007(4)AWC4149(SC); (2008)1GLR859(SC); 2007(12)SCALE183; (2007)8SCC644; 2008(2)SLJ213(SC):2008(1)LHSC685; 2007AIRSCW6338; JT2007(11)SC561; 2007AIRSCW6338
tarun chatterjee, j.1. leave granted.2. this appeal is directed against the judgment and order dated 5th of july, 2006 passed by a division bench of the high court of gujarat at ahmedabad affirming the order of the learned single judge holding that the appointment of the appellant as an assistant manager in ahmedabad municipal corporation [ for short 'the corporation'] was bad, illegal and invalid and accordingly, liable to be quashed.3. before we deal with the question raised before us, we may narrate the facts involved in the present case leading to the filing of this appeal.4. the appellant was appointed as an x-ray technician in beherampura referral hospital, run under the supervision and control of the corporation on 1st of february, 1988. in the referral hospital, there was no post of clerks since 1983. since 1984, the appellant, apart from discharging his duty as an x-ray technician was also, regularly and compulsorily, carrying out the clerical and administrative work connected therewith. according to the appellant, the administrative activities carried out by him, inter alia, included: [i] taking x-ray of the patients; [ii] collecting fees for x-ray; [iii] entering the amount received in the cash book; [iv] preparation of the case papers; [v] maintaining of the register of the patients whose x-ray is taken; [vi] maintaining the record of the purchase of x-ray films; [vii] purchase of x-ray films; [viii] to fill in the octroi forms and v-forms; and [ix] maintain x-ray .....
Tag this Judgment!Court : Delhi
Reported in : 11(1975)DLT97
yogeshwar dayal, j. (1) this is a petition for revision against the order of the trial court dated 13th october, 1 972, whereby the trial court suo motu allowed an amendment in a reply filed by the plainuffs-decree-holders to the application filed by the petitioners under order 9 ruls 13 civil procedure code for setting aside the decree passed against them and to raise a new plea subsequently.(2) the decree dated 25th november, 1966 was pasted against the petitioners and respondents 2 to 10 for money where the present petitioners were judgment-debtors nos.7 and 9. on the petitioners coming to know the decree they filed an applicat on under order 9 rule 13 read with section 151 of the code of civil proeedure for setting aside the decree passed on 25th november. 1966.(3) it was alleged in the application that the pstitioners had come to know of the decree on or about 9th december, 1968 it was pleaded that they were not served at all in the suit and had no knowledge of any kind whatsoever about the proceedings of the sdit it was submitted that in spite of non-service exparte proceedings were taken against them and exparte decree was passed which was liable to be set aside. the application was filed on or about 1st january, 1969 and reply to the same followed by a replication was also filed. volumunous evidence was recorded and the case was thereafter posted for arguments from time to time. on or about 29th april, 1972 an application was filed purporting to be under section 151 .....
Tag this Judgment!Court : Delhi
Reported in : ILR1979Delhi335
h.l. anand, j.(1) when can an owner be said to bona fide require a premises for his residence are the need of the owner an,d its extent justifiable if so. what is the criterion to determine the reasonable need of an owner these are some of the important questions that fall for coiisideration in these second appeals, four by different tenants and three by the owners of the property in dispute which assail a common order of the rent control tribunal by which the tribunal confirmed the order of the additional rent controller allowing eviction of four tenants and dismissing the petitions of the owners for the eviction of the other three. these appeals were filed in the backdrop of the following circumstances; (2) inder saran and his widowed mother, lndrani saran, for short, the owners, are displaced persons from west pakistan and had apparently affluent background prior to the partition of lndia. their claim to the immoveable property left by the family behind on, the partition of india is said to have been verified at a figure of rs. 35 laths. that the family lived in lahore before partition in, a 20 room mansion and soon after partition the owners, being then the only members of the family, apart from a married sister of inder saran, rented a comfortable residential flat in 19a, alipur road, civil lines, which was then considered the best residential locality in delhi, were said to be the other measures of their standard of living. in course of time, inder saran got married and .....
Tag this Judgment!Court : Gujarat
Reported in : (1994)1GLR344
s. nainar sundaram, c.j.1. this letters patent appeal is by the legal representative of the original respondent in civil revision application no. 1014 of 1988. the civil revision application is one preferred against the judgment and decree passed by the district court at baroda, confirming in regular civil appeal no. 282 of 1982, the judgment and decree of the first court in rent suit no. 1078 of 1986 instituted by the original respondent in the civil revision application for eviction of the applicant in the civil revision application, the respondent in this letters patent appeal is the applicant in the civil revision application. the original respondent in the civil revision application passed away on 5-2-1991. according to mr. mohit s. shah, learned counsel for the appellant, the civil revision application stood abated on 7-5-1991 and the time for setting aside the abatement also expired on 6-7-1991. the appellant, on 19-9-1992, preferred miscellaneous civil application no. 1575 of 1992, praying that a writ may be sent to the district court, baroda and the small causes court, baroda, stating that the civil revision application no. 1014 of 1988 has abated in may, 1991 and the interim stay granted therein has lapsed. however, the respondent in this letters patent appeal, who is the applicant in the civil revision application, on 9-10-1992, preferred civil application no. 5144 of 1992, to bring on record the legal representative of the deceased original respondent in the civil .....
Tag this Judgment!Court : Kolkata
order sheet ta no.152 of 2012 t no.166 of 2012 in the high court at calcutta ordinary original civil jurisdiction original side m/s.kedsati iron & steel pvt.ltd.versus union of india & ors.before: the hon'ble justice i.p.mukerj.date :6. h december, 2012. appearance: mr.jishnu saha, advocate mr.jayjit ganguly, advocate mr.s.ghosh, advocate mr.a.chowdhury, advocate mr.u.bagree, advocte for the petitioner mr.l.k.chatterjee, advocate ms.aparna banerjee, advocate for respondent nos.1 & 2 the court: this is an interim application in aid of a suit. the case of the plaintiff is like this. the railways, on 25th may, 2012, awarded them a contract to supply a certain quantity of grooved rubber sole plates to be used beneath the railway tracks. these items were duly supplied by the plaintiff to the railways on 16th september, 2012. thereafter, they received payment for this supply. these items.before supply were tested by the rdso, a wing of the railways. then all of a sudden on 4th october, 2012, samples were drawn by the railways from the place of business of the plaintiff. the rdso, on 7th november, 2012, has issued a notice, inter alia, asking the plaintiff to stop all further production at your firm with immediate effect. the rdso will not proceed to unilaterally test the samples. the plaintiff apprehends that thereafter an order may be passed by them unilaterally, terminating the contractual relationship between them and the railways. it is submitted by mr.saha, learned advocate .....
Tag this Judgment!Court : Chennai
Reported in : AIR1961Mad254
anantanarayanan, j.1. this is an appeal by the defendants in the court below who are the editor and the proprietor-printer respectively of a monthly tamil journal published at coonoor. they were sued by the plaintiff (s. r, narayana aiyar) for damages to the tune of rs. 5500 in respect of a defamatory statement or libel made against the plaintiff by the first defendant (the editor) in the issue of the periodical, largely devoted to the interests of plantation labour, dated 15-1-1955.the learned subordinate judge of the nilgiris tried the action upon the merits, and came to conclusion that the imputations, were per sc so defamatory, that they were not entitled to protection as within the bounds of fair comment, nor of privilege, and that the plaintiff was hence entitled to damages. damages to the tune of rs. 1000 were awarded against both defendants with costs. the appeal is from these findings.2. the tamil text of the article containing the libel is reproduced in paragraph 6 of the judgment of the lower court. a true translation thereof, ex. a 2, is also to be found at page 63 of the printed papers. since there is very little doubt or difficulty about the language employed, or its broad interpretation, i do not think that it is necessary for me to proceed into the niceties of expression in tamil. briefly stated, the article attacks the plaintiff, sri s. r. narayana aiyar, in respect of an alleged statement made by him about pandit nehru, to the effect that pandit nehru was ' .....
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