Court : Delhi
Decided on : Aug-07-2008
Reported in : 152(2008)DLT663
..... sent a concocted reply dated 24th october, 2002 in an attempt to save his skin and to implicate the petitioner. the said communication had also enumerated the alleged acts of misconduct of the petitioner and recommended disciplinary action against him. on receipt of a copy of the above communication, the dig, bsf, krishnanagar had asked ..... to be taken by the competent authority, especially when the competent authority had no discretion in the matter, for once the commission of any offence under the act was alleged against any officer or subordinate officer, rule 44 of the bsf rules, 1969 required the allegation to be reduced to writing in the prescribed form. ..... of the accused charged before it and to follow the procedural safeguards. if one looks at the provisions of law relating to court-martial in the army act, the army rules, defence service regulations and other administrative instructions of the army, it is manifestly clear that the procedure prescribed is perhaps equally fair if .....
Tag this Judgment!Court : Kerala
Decided on : Jul-24-2008
Reported in : 2008(2)KLJ934; 2008(3)KLT941
..... contrary, the learned govt. pleader asserted that the 1st respondent was exercising its power of approval with modification conferred on it under section 100(2) of the act, while modifying ext. p4 and finalising the scheme as per ext. p5 notification.31. on appreciating the rival contentions, i am inclined to agree with the counsel ..... or routes. the said proposal threatens the proprietary right of that individual or individuals. under section 68-d read with rules 8 and 10 made under the act, any person affected by the aforesaid proposed scheme may file objections within the prescribed time before the secretary of the transport department. under the said provisions, the ..... , the state government is bound to consider the objections and thereafter approve and publish the scheme in the manner as provided under section 100(2) of the act. while finalising the draft scheme the state government is entitled to either approve the same as such or approve the draft with modifications. it is stated that .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-07-2008
Reported in : RLW2008(3)Raj2485
..... drawn regarding truth of credit entry merely on basis of acceptance of thumb impression by drawing presumption is per the provisions of section 114 of the indian evidence act. the order impugned, for the reasons mentioned above, does not suffer from any error warranting interference of this court in its revisional jurisdiction. accordingly, the revision ..... circumstances under which it was executed, and the whole history of the parties, it is reasonably established that the deed executed was the free and intelligent act of the settlor or not. if the answer is in the affirmative, those relying on the deed have discharged the onus which rests upon them.while affirming ..... appellate court should have presumed the existence of the fact relating to money due against the defendant as per the provisions of section 114 of the indian evidence act, 1872. it is urged that the trial court rightly presumed the due against the defendant, but the appellate court erroneously reversed the judgment on the ground .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-28-2008
Reported in : 2009ACJ908; 2009(5)KarLJ68
..... sustained fatal injuries, has later succumbed. his legal representatives, respondent 3 to 7 herein, had filed a claim petition under section 166 of the motor vehicles act, 1988 (for short the act) against the appellant in the motor accident claims tribunal-v, bangalore city (for short 'tribunal') claiming compensation. the tribunal considering the said claim petition along ..... , the deceased admittedly was a cleaner in the vehicle and hence the appellant was not required to cover the risk of a cleaner under section 147 of the act. learned counsel relied upon the decision of the hon'ble supreme court in the case of ramashray singh v. new india assurance co. ltd and ors. reported ..... for their maintenance. there is no dispute that the deceased was a cleaner of the bus, which was a public service vehicle.8. chapter xi of the act covers the subject insurance of motor vehicles against 'third party risks'. section 146(1) provides that no person shall use a motor vehicle in public, unless there .....
Tag this Judgment!Court : Chhattisgarh
Decided on : Jun-17-2008
Reported in : 2008(5)MPHT47(CG)
..... unless the company shall have executed the agreement hereinafter mentioned'. section 39 as well as section 6 make it clear that the operative provisions of the act for the purpose of acquiring land for a company will only apply when two conditions precedent have been satisfied, namely- (i) the previous consent of ..... respondent-company.13. the petitioners have impugned the constitutionality of the land acquisition proceeding with particular references to the impugned notification under section 4 of the act, 1894. the petitioners have raised number of questions of law to impugn the impugned notification for acquisition. firstly, it has been urged that the ..... the owners of agricultural lands situated at village sonadih, gudeliya, dhabadih and mopka.3. respondent-lafarge india pvt. limited, a company registered under the indian companies act, 1956, (for short 'the respondent-company') has a cement plant at village sonadih, tehsil baloda bazar. the company submitted an application dated 16-5- .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-18-2008
Reported in : (2008)152PLR439
..... of non-discriminatory mandate contained in article 14 of our constitution. the respondents, however, can always take a conscious decision, consistent with the provisions contained in section 15 of the act, thereby laying down the modalities for such allotments. 9. since the petitioners have neither been refused nor have been allotted the plots in question, these writ petitions are disposed of ..... which the respondents ought to follow while allotting the valuable immovable properties? section 15 of the haryana urban development authority act, 1977 provides as under:15. disposal of land.-(1) subject to any directions given by the state government under this act and the provisions of sub-section (5), the authority may dispose of.xx xx (3) subject to the provisions hereinbefore .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-27-2008
Reported in : (2008)151PLR477
..... the order, which is dated 4.12.2007. the respondent had filed the petition for eviction of the petitioner under section 13-b of the east punjab urban rent restriction act, 1949 claiming herself to be nri and owner/landlady of house no. 7 (new no. 165) ward no. 9, situated in krishan street, doraha mandi, tehsil payal, district ludhiana. ..... . no doubt, that the attorney can appear as a witness on behalf of the principal and depose about the facts which are in his personal knowledge or about those acts which he had performed as an attorney on behalf of the principal, but attorney cannot appear as a witness to depose about the facts which are in the personal knowledge ..... of opportunity, if any, due to the petitioner would decide the case afresh in accordance with law. since the petition has been filed under section 13-b of the act, the court of rent controller would decide the same on priority and preferably within a period of three months from the date of receipt of the copy of this order .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-11-2008
Reported in : 2009(2)MPHT472
..... in strange ways. sometimes it plays with life; sometimes it gifts an 'unwanted child'. negligence is a 'tort'. every doctor who enters into the medical profession has a duty to act with a reasonable degree of care and skill. this what is known as 'implied undertaking' by a member of the medical profession that he would use a fair, reasonable and ..... that would not have been made by a reasonably competent professional man professing to have the standard and type of skill that the defendant held himself out as having, and acting with ordinary care, then it is negligent'.10. in the matter of jacob mathew v. state of punjab and anr. reported in : 2005crilj3710 , the hon'ble apex court has held .....
Tag this Judgment!Court : Jharkhand
Decided on : Sep-12-2008
Reported in : 2009(57)BLJR458
..... commodities. it has also come to light that the large quantity of opium was carried for commercial transaction.4. the learned special judge under n.d.p.s. act, palamau at daltonganj, vide its impugned order dated 18.07.2008 hold that the accused were carrying the liquid opium without any valid authority and the case diary is ..... the n.d.p.s. act. he has further contended that in any case the petitioner is entitled to regular bail during the pendency of trial.3. as per the complaint case and the ..... judge, palamau at daltonganj.2. counsel for the petitioner insisted for consideration of certain judgments and in particular the provisions under section 50 of the n.d.p.s. act. counsel for the petitioner has contended that the aforesaid narcotic case is not sustainable in view of settled law due to non-compliance of statutory requirement under section 50 of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-11-2008
Reported in : (2008)152PLR792
..... his instructions and as such, there was no relationship of landlord and tenant between the petitioner and the respondent so, petition under section 13-b of the act was not maintainable.4. against this, learned counsel for the respondent-landlord has submitted that respondent-landlord filed suit for permanent injunction restraining the revision-petitioner from ..... demised shop under section 13-b of the act.3. grounds pleaded before this court by the revision-petitioner are that the respondent-landlord was not the landlord/owner of the demised shop because the ..... he required the demised shop for his own use and occupation.on notice of the application, tenant appeared and filed application under section 18-a of the act for leave to contest the application for ejectment but the same was dismissed by impugned order and the rent controller ordered the ejectment of the petitioner from the .....
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