Court : Supreme Court of India
..... of doubts it is hereby declared that nothing in this act shall affect the reservation provided to the other backward classes under the maharashtra state public services (reservation for scheduled castes, 105 scheduled tribes, de-notified tribes (vimukta jatis), nomadic tribes, special backward category and other backward classes) act, 2001 and the maharashtra private professional educational institutions (reservation of seats for admission for scheduled castes, scheduled tribes, de-notified tribes (vimukta jatis), nomadic ..... 340. in this context, a clarification was issued that article 340 enabled setting up of adhoc bodies like the kaka kalelkar commission and mandal commission, whereas article 338b sought to confer constitutional status on a multi-member permanent ..... classes commission act, 1993; orissa state commission for backward classes act, 1993; west bengal commission for backward classes act, 1993; j&k state commission for backward classes act, 1997; chhatisgarth rajya pichhda varga adhiniyam, 1993 & telangana commission for backward classes act, ..... shri mukul rohatgi, learned senior counsel, has appeared for the state of maharashtra and chhattisgarh. .....
Tag this Judgment!Court : Supreme Court of India
..... (2001) 1 scc43) whether the high court could have entered into the adjudication of the issue that gond gowari which is a scheduled tribe mentioned in scheduled tribes order, 1950, as amended up to date is no more in existence and was extinct before 1911?.4) whether the conclusion of the high court in the impugned judgment that gond gowari tribe was extinct before 1911 is supported on the materials which were on record before the ..... our own doubts about the correctness of the ratio of judgment in the state of 94 maharashtra versus mana adim jamat mandal with regard to a ..... purposes for joining number of tribes together in one entry, but as observed above in case with regard to gond gowari the affinity is more than apparent with gond and the judgment of this court in state of maharashtra versus mana adim jamat mandal (supra) cannot be read as an authority to hold that gond gowari is not a sub-tribe of gond and no affinity is required to be established with gond by the tribe gond gowari . ..... on judgment of this court in state of maharashtra versus mana adim jamat mandal ,(2006)4 scc98 in the above case, two questions were raised which have been noticed in the paragraph 1 of the judgment which is to the following effect: - 91 1. ..... filed civil appeal arising out of diary no.17886 of 2020 as well as one zanaklal bhaisaku mangar, who was respondent no.15 in writ petition no.4779 of 2008 filed by adivasi gond govari (gowari) sewa mandal has filed slp (c) no.7901 of 2019 in this court.11. .....
Tag this Judgment!Court : Delhi
..... the claim made by the petitioner in respect of reduction/non availability of site at claridges hotel and in front of eastern court was also rejected on the ground that the petitioner had not followed the procedure as prescribed under clause 8 of the agreement executed between the parties, inasmuch as, the petitioner had not submitted any hindrance report as required in terms of the aforesaid clause. ..... coram hon ble mr justice vibhu bakhru vibhu bakhru, j introduction judgment1 the petitioner has filed the present petition under section 34 of the arbitration and conciliation act, 1996 (hereafter the act ) impugning an arbitral award dated 11.09.2015 (hereafter the impugned award ) passed by the arbitral tribunal constituted of a sole arbitrator. ..... as noticed above, the arbitral tribunal had rejected the petitioner s claim for higher reduction in the monthly license fee on account of exclusion of the parking lots at khan market principally on the basis of the undertaking given by the petitioner. ..... in view of the same, the petitioner claimed that the license fee quoted by the petitioner for all the lots the ten parking areas comprising of group iv ought to be reduced by taking into account the rates charged by ndmc for category a parking lots. .....
Tag this Judgment!Court : Supreme Court of India
..... therefore, in any case, we are of the view that the income out of the employment as driver should have been assessed at rs.4,360/- per month ..... learned counsel appearing for the insurance company has 1 brought to our notice the notification issued by the government of haryana, labour department, where a skilled person in category b has been granted minimum wages to the tune of rs.4,360/-. ..... thus, the appellant will get a total compensation of rs.21,73,480/- with interest at the rate of 8 per cent per annum from the date of filing of the claim petition ..... since, it has come in evidence that he was also a private taxi driver, though there is not much evidence produced with regard to the actual income, we are of the view that it would be just and proper to add an income of rs.100 per day out of the taxi service. ..... the appellants herein are aggrieved by the insufficiency of the compensation awarded to them on account of a motor accident in which husband of the first appellant ..... adding 50 per cent for the future prospects, it comes to rs.11,040 ..... the motor accident claims tribunal awarded a total sum of rs.6,90,400/- and the high court added 50 per cent towards income of the deceased in addition to some compensation under other ..... towards funeral expenses, the appellant shall be entitled to rs.25,000 ..... taking the undisputed multiplier of 18, the compensation in that respect comes to rs.17,88,480 ..... deducting 1/4th towards personal expenses, what would have been saved to the estate would be rs.8,280/-. .....
Tag this Judgment!Court : Supreme Court of India
..... had the appointments of the appellants been made in terms of the provisions of the adhiniyam and the rules framed thereunder, the respondent authority was statutorily enjoined to make an offer of appointment in writing which was to be accepted by the appellants herein. ..... of service are governed by two statutes; one relating to selection and appointment and the other relating to the terms and conditions of service, an endeavour should be made to give effect to both of the statutes; (2) a daily-wager does not hold a post as he is not appointed in terms of the provisions of the act and the rules framed thereunder and in that view of the matter he does not derive any legal right; (3) only because an employee had been working for more than 240 days ..... that by itself would not confer any legal right upon him to be regularised in service; (4) if an appointment has been made contrary to the provisions of the statute the same would be void and the effect thereof would be that no legal .....
Tag this Judgment!Court : Chennai Madurai
..... also gave no objection for the same; that the tahsildar, thottiyam has also given a certificate to the effect that no one in the family is employed under the government or private department and the family is in indigent circumstances and the wife of the deceased did not remarry anybody; that the petitioner completed his sslc in april, 2012 and completed hsc in march, 2014 and in response to the application made on 02.07.2012, the 2nd respondent asked the petitioner to produce all the original certificates for considering his ..... request; that the 2nd respondent rejected his request .....
Tag this Judgment!Court : Mumbai
..... money by public authorities; merely because collections for the services rendered are not specifically appropriated toward the expenditure in the provision of those services is not in itself decisive; there need only exist a broad correlation, not of mathematical precision, between the levy of a fee and the services rendered; that a fee can legitimately be directed both to the regulation of a given activity and to the provision of revenue (the decision in secunderabad hyderabad hotel owners association was ..... ) upon any land, building, wall, hoarding or structure save and except as permitted or exempted from permission as hereinbefore provided, the owner or person in occupation of such land, building, wall, hoarding or structure shall be deemed to be the person who has erected, exhibited, fixed or retained such advertisement in contravention of the provision of this section, unless he proves that such contravention was committed by a person not in his employment or under his control ..... is not an illuminated advertisement nor a sky-sign and which (a) is exhibited within the window of any building; (b) relates to the trade or business carried on within the land or building upon which such advertisement is exhibited or to any sale or letting of such land or building or any effects therein, or to any sale, entertainment or meeting to be held upon or in the same; or to the trade or business carried on by the owner of any tram-car, omnibus or other vehicle upon which such advertisement is .....
Tag this Judgment!Court : Chhattisgarh
..... it is true that sub section 3-a of the chhattisgarh vidhan mandal sadasya nirarhata nivaran (sansodhan) adhiniyam, 2006 begins with the word subject to and reading of section 3 purports that certain offices specified in the schedule in so far as it is a office of profit under the government would not disqualify their holders for declaring as mlas. ..... was adopted by chhattisgarh and the definition reads as under :- definition in this act, principal act means the chhattisgarh vidhan mandal sadasya nirarhata nivaran adhiniyam, 1967 (no.16 of 1967) 16. ..... therefore, reading of section 3 and section 3-a of the chhattisgarh vidhan mandal sadasya nirarhata nivaran (sansodhan) adhiniyam, 2006 together, will sub-serve the meaning of subject to . ..... the said act was amended by act no.30 of 2006, which reads as under :- the chhattisgarh vidhan mandal sadasya nirarhata nivaran (sansodhan) adhiniyam, 2006 17. ..... sub-section- 3-a, provides that no person holding office of chairman and vice chairman, president and vice president or director or member of any committee shall be disqualified at any time for being chosen as, or for being, a member of the chhattisgarh legislative assembly by reason only of the fact that he holds such office but qualifies that the proviso that holder of any such offices is not in receipt of remuneration other than compensatory allowance. 18. ..... the reliance was placed in case law reported in (2001) 4 scc 139 between union of india vs. .....
Tag this Judgment!Court : Union Territory Consumer Disputes Redressal Commission SCDRC UT Chandigarh
..... only), was filed seeking directions to the opposite parties to start the time period of membership from the date of the final settlement of dispute for a period of 25 years; provide all the incentives as promised at the time of becoming member; pay interest @18% per annum from the start of payment of installments till the date of final settlement; pay rs.4 lacs as compensation for mental harassment and torture besides rs.11,000/- as costs of litigation; or in alternative, to refund the entire amount alongwith interest @18% per annum alongwith rs.4 lacs as compensation ..... it was stated that on the request of the complainant, the representative of the opposite parties, explained the terms, conditions and rules, apart from the cost of membership and after being satisfied with the membership scheme, the complainant opted for taking their white studio category membership costing rs.2,54,260/-, which was payable in installments. ..... after hearing the counsel for the parties, and, on going through the evidence, and record of the case, the district forum, allowed the complaint, as stated above, in the opening para of the instant order. 9. ..... it was further stated that on the request of complainant, the booking was confirmed at club mahindra kodagu valley, coorg from 21.12.2001 to 25.12.2011. .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... it is an admitted fact that the complainant purchased the vehicle and obtained the delivery of the same on 15.12.2009 and since then the complainant had been using the same , that is, the complainant used the vehicle for nearly two years. ..... in view of the contentions of both the parties, the burden lies on the complainant to prove that by the date of delivery of the vehicle, the above said defects were in existence and that these defects could be due to manufacturing defects. ..... aggrieved by the said order, the complainant filed the above appeal questioning the validity and the legality of the order of the district forum urging several grounds. ..... the opposite parties 1, 2 and 5 denied the above case of the complainant and contended that from the record maintained by them, it is clear that the complainant has used the said vehicle continually and failed to avail all free services, which are mandatory for proper maintenance of the vehicle. ..... the main contention of the complainant is that after taking delivery of the vehicle, complainant noticed that there is failure of brakes, vibration, wobbling and skidding of the vehicle, that the brake level of the vehicle was broken on the road while it was in operation. ..... upon hearing the counsel for both the parties and on consideration of the material on record, the district forum allowed the complaint in part directing the opposite parties 2 and 5 to pay a sum of rs.10,000/- towards compensation for deficiency in service . .....
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