.....act or 'illegal omission, the doing of that thing.explanation 1--a person who, by willful misrepresentation, or by willful concealment of a material fact which he is bound to disclosed, voluntarily causes or procures, or attempts to cause or procedure, a thing to be done is said to instigate the doing of that thing.21. a bare perusal of the above section would go to show that to abet in doing of a thing initially there must be an instigation by the person to any person; in other words by the act of the person must be of the nature to instigate any other person to do that thing. in the instant case, it is clear on evidence that there was no evidence on record to indicate that the appellant ever instigated the victim, p.w. 1 to go to her house. it is clear from the testimony of p.w. 1 that she only enquired about the betelnut from the appellant who was having a shop of betelnut outside the house and on such enquiry the appellant only told that there was betelnut on the table inside the room and that too without any instigation she entered into the house where she was allegedly raped by the accused jahir ali who was already reported to be dead. evidence did not disclose that the.....
Tag this Judgment! Ask ChatGPT.....post for appointment supernumerary spot should be created to accommodate the claimants. according to the learned counsel for the appellant, the facts of sushma gosain are different and distinguishable as the supreme court has not deviated in that case from its settled principle that the creation or sanction of a post is essentially an executive function.(b) in sudha srivastava v. comptroller and auditor general of india : (1996)1scc63 , the writ petitioner was directed to be given benefit of promotion with retrospective effect. according to the learned counsel for the appellant, the facts of sudha srivastava (supra) are absolutely different and not at all applicable to the present case and the decision of sudha srivastava (supra) is not a guideline as it has not indicated any creation of a spot and to give a benefit to the aspirant.(c) in state of madhya pradesh v. bani singh : 1990crilj1315 the direction of administrative tribunal for giving retrospective promotion to the claimant on over all consideration of entire facts and circumstances of the case was not interfered with. even on this aspect learned counsel for the appellant submits that the facts of the present case.....
Tag this Judgment! Ask ChatGPT.....as 'the cdpo, (i/c), raha icds project') terminating their engagement as anganwadi workers with effect from the date of issuance of such orders. the fact relevant for the purpose of the present appeal is narrated below:(i) pursuant to the advertisement dated 17.08.2001 issued by the cdpo (i/c), raha icds project inviting applications for engagement as anganwadi workers and helpers, the written and viva-voce test for selection of candidates were conducted on 07.10.2001 and 14.10.2001, respectively, by the selection committee constituted by the government of assam vide notification dated 18.07.2001, wherein the appellants (8 in numbers) as well as private respondent nos. 4 to 11 (also 8 in numbers) alongwith others appeared in such selection. the cdpo (i/c), raha icds project, raha, thereafter prepared a list of candidates indicating marks obtained by each of them in the written as well as viva voce test, which does not bear the signature of the members of the selection committee consisting of 5 (five) members apart from the chaimian and vice-chairman, but bears the signature of the cdpo (i/c) only, who was the convener of such selection committee. the selection committee, however,.....
Tag this Judgment! Ask ChatGPT.....there are some inconsistencies with regard to the place from which the weapon was recovered and/or produced those per se are not destructive of the factum of the recovery thereof from a place known to the accused appellant. this assumes significance in view of the testimony of the investigating officer, pw 9 according to whom the accused appellant had confessed before him that the dao by which the offence had been committed had been kept concealed by him and that the same was recovered from his (accused) house on being led and shown by him (accused).24. the apex court in sanjay alias kaka, appellant v. state (nct of delhi), respondent : 2001crilj1231 , while elaborating on the true purport of section 27 of the evidence act, 1872, held that the same was an exception to the mandate of section 25 that any confession made to a police officer could not be proved as against a person accused of an offence. it held that under section 27 of the evidence act, when any fact is deposed to as discovered in consequence of information received from a person accused to any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as.....
Tag this Judgment! Ask ChatGPTReported in : (2007)210CTR(All)483; [2007]295ITR81(All)
.....five questions of law under section 256(1) of the it act, 1961 (hereinafter referred to as 'the act') for opinion to this court:1. whether on the facts and in the circumstances of the case, the tribunal was, in law, justified in holding that the assessee's claim for deduction of interest of rs. 1,58,01,118 was allowable in full?2. whether on the facts and in the circumstances of the case, the tribunal was, in law, justified in holding that in relation to the receipts from hiring of machineries, the provisions of section 145(2) were not applicable and in directing the ao to accept the receipts shown by the assessee as correct?3. whether on the facts and in the circumstances of the case, the tribunal was, in law, justified in taking into consideration the surplus of rs. 12,87,58,000 arising out of amalgamation of shares as approved by the hon'ble high court, when it had not resulted in generation of any surplus cash funds and the increase in the capital was set off by corresponding increase in the value of assets which were not available for withdrawals by the partners and only the borrowings from depositors were available for withdrawals ?4. whether on the facts and in the.....
Tag this Judgment! Ask ChatGPTReported in : 2007(4)AWC3492
.....the deputy inspector general of police (karmik), police headquarters to regularize the petitioner in service, as his work and conduct was very satisfactory. in 1997 the principal secretary. home, recommended for creation of post of computer operator. however, even though no post was created, the petitioner continued to work on daily wage basis as computer operator and he is still continuing to work as such. over the last several years, he has been regularly issued letters of appreciation by the police officials of the district. since the petitioner was still not considered for being regularized in service, he has filed this writ petition with the prayer for a direction to the respondents to regularize him in service as computer operator in the police department and pay him regular salary month by month.2. i have heard sri a.k. malviya, learned counsel for the petitioner as well as learned standing counsel appearing for the respondents. pleadings have been exchanged and with consent of the learned counsel for the parties. this writ petition is being heard and finally disposed of at this stage.3. the case of the petitioner is that in the year 1996, by order of the governor of.....
Tag this Judgment! Ask ChatGPTReported in : [2007(115)FLR442]
.....the acts and omissions of government servants. the relevant extract of the judgment is as under:we are clearly of the opinion that from the mere fact that in a government servant is transferred on the basis of a complaint made by a mla or mp or a leader of the political party, it cannot be held that the same is mala fide and the transfer, order cannot be struck down on the said ground alone without there being anything more. a mla or mp is the representative of the people and common public has access to him. often it is very difficult for a common man to meet the higher officers and to bring to their notice the misdeeds or the wrong way of functioning of a government servant at a lower level. it is not possible for a common man to go to the capital of the state namely, lucknow, and then to meet the higher officers to lodge a complaint against the wrong manner of functioning of a government servant. the mla and mp visit their constituency frequently and meet the members of the public, it is far easier for the public to lodge a complaint against the improper functioning of a government servant with their representative namely the mla or mp of the area than with the higher.....
Tag this Judgment! Ask ChatGPTReported in : 2007(3)AWC3034
.....of such property actually received or might with ordinary diligence have received therefrom together with interest on such profits....under order xx, rule 12, c.p.c, it is provided that:where a suit is for the recovery of possession of immovable property and for mesne profits, the court may pass a decree for the possession of the property and for rent or mesne profits.under section 34, c.p.c., it is provided that:where and in so far as a decree is for the payment of money, the court may, in the decree, order interest at such rate as the court deems reasonable to be paid on the principal sum adjudged, from the date of the suit to the date of decree with further interest on such rate not exceeding 6% per annum as the court deems reasonable on principal sum from the date of the decree to the date of payment....however, section 34(2) provides as under:where such a decree is silent with respect to the payment of further interest (on such principal sum) from the date of the decree to the date of payment or other earlier date, the court shall be deemed to have refused such interest, and a separate suit therefor shall not lie.8. in the decree, neither any interest was awarded.....
Tag this Judgment! Ask ChatGPTReported in : 2007(4)AWC3759
.....of third party risk, the owner as well the insurance company, either jointly or severely have liability to discharge in favour of the claimants. the fact is undisputed that the claimants have suffered loss. now the question for consideration is whether the suffering will be compensated by the insurance company as an agent of the principal i.e. the owner or by the owner himself. thus it is a dispute amongst themselves. third party cannot be made to suffer. this observation has been made by the sup erne court and various high courts on numerous occasions.4. in support of the case, learned counsel appearing for the appellant insurance company placed reliance on a division bench judgment report d in 2003 (3) t.a.c. 849 national insurance co. ltd. v. brij pal singh and anr. wherein it has been observed that some sort of practice has developed in the state of u.p. where in spite of service of summons, the driver and the owner of the offending vehicle are not remaining present and it is absolutely impossible for the insurance company to lead evidence to show that the driver did posses valid licence or not and thereby the insurance company always fasten with the liability towards third.....
Tag this Judgment! Ask ChatGPTReported in : AIR2008All14; 2007(4)AWC4081
.....for a period of one year, the possession of the disputed premises was delivered to m/s. seth brothers pvt. ltd. for selling foreign liquor. this fact was admitted even by the defendants-tenants, but there defence was that the foreign liquor was purchased and sold in agency. the trail court recorded a finding on subtenancy on the ground that burden was upon the tenants to establish that there has been no transfer of possession to m/s. seth brothers pvt. ltd. and he has not received any consideration or rent or damages for the use and occupation of the premises in question from m/s. seth brothers. the trial court took into consideration that the alleged agreement of tenancy was not filed by the tenants and as such, an adverse inference against them has to be drawn. moreover, non-existence of any licence in the name of tenants belies their case that foreign liquor was sole by them from the disputed shop as an agent of m/s. seth brothers. on the contrary, no person can sell an excisable item without a licence issued by the excise department. the said finding has been reversed by the revisional court, as it proceeded to examine the issue from an angle that the burden lay upon the.....
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