Reported in : 2007(5)ALD747
.....least was not put on notice. the learned counsel also would submit that this court on 14-9-2006 granted interim suspension and in the light of the facts and circumstances, the impugned order to be set-aside. the counsel also would submit that however the appellant is not making any attempt to alienate the property as such. the counsel also placed reliance on certain decisions.4. per contra, sri k. subrahmanyam, the learned counsel representing the first respondent had taken this court through the reasons which had been recorded by the learned judge and had maintained that the very fact that the consideration shown in ex.b3 being nominal consideration, prima facie it can be said that the said document was thought of only with a view to put the first respondent-plaintiff into trouble. the learned counsel would also submit that prima facie in the light of the recitals in ex.al, the learned judge had recorded reasons and observed that it is a fit case where status quo to be maintained pending disposal of the suit. such order normally not be disturbed by the appellate court. the counsel also placed reliance on certain decisions.5. it is true that this court on 14-9-2006 granted.....
Tag this Judgment! Ask ChatGPTReported in : 2007(2)AWC1952
.....both these petitions are being disposed of by this common judgment.2. heard learned counsel for the parties and perused the entire record.3. brief facts of the case, as narrated in the writ petition no. 379 (m/b) of 2002, are that petitioner no. 1 doon international educational society, is a society registered under the societies registration act, which runs a school at 3, mohini road, dehradun. a plan was submitted by petitioner no. 1 to the mussoorle-dehradun development authority (hereinafter referred as m.d.d.a.) on 31.5.2001, for further constructions in the building. after expiry of 90 days, when no information was received that the plan is sanctioned, petitioners started construction, as per the plan. however, later on after getting notice from m.d.d.a., the petitioners got compounded the constructions and, on 24.11.2001, deposited a sum of rs. 5,31,789, as compounding fee.4. the building in which the school runs consists of two blocks, namely block-a and block b. the total area of the plot is 5330.27 sq. mts. and there is sufficient open space left around the building. respondents madhur gupta and d. p. juyal, who had objections to the constructions being raised by the.....
Tag this Judgment! Ask ChatGPTReported in : 2007(4)ARBLR123(All); 2007(2)AWC1956
.....the said court has refused to set aside the award given by the arbitrator.2. heard learned counsel for the parties and perused the record.3. brief facts of the case are that appellant no. 1 council of scientific and industrial research (hereinafter referred as c.s.i.r.) is doing research in the field of science and technology. appellant no. 2 indian institute of petroleum (hereinafter referred as i.i.p.) is a constituent laboratory under c.s.i.r. and is a society registered under societies registration act. respondent m/s goodman drug house pvt. ltd. (hereinafter referred as goodman), which is a private limited company registered under the companies act, entered into an agreement on 21.8.1996 with the appellant for the purpose of setting up a project for conversion of menthone to menthol. the scope of project and time schedule of the work is mentioned in annexure-1 to the agreement, which provided five months time schedule for the same. as per the agreement, in consideration of work done by i.i.p. and for using intellectual property generated for conversion of menthone to menthol, respondent goodman agreed to pay to i.i.p. a sum of rs. 3,00,000. it is also agreed between the.....
Tag this Judgment! Ask ChatGPTReported in : 2007(78)AWC2218
.....gupta v. n.l. anand : (1994)1scc131 , has held in para 17 that 'under section 47, c.p.c. all questions relating to execution discharge or satisfaction of the decree should be determined by the executing court alone.' it has further been held in the same para that 'the total absence of drawing up of the proclamation of sale and settlement of its term by judicial application of mind renders the sale a nullity being void. it is covered by section 47'. in the said case for realisation of decreetal amount of rs. 7780 area of 550 square yards of land was sold for rs. 1,05,000.7. a supplementary-affidavit alongwith application dated 29.9.2004 has been filed by the petitioner annexing therewith certain documents on record of the trial court. annexure-1 is auction proceedings dated 22.7.1981 where highest bidder was israr khan and his bid was rs. 54,000. however it appears that israr khan did not deposit the amount. annexure-2 is the report of advocate commissioner dated 25.7.1981. in the said order, it is mentioned that the official bid was of rs. 1 lakh. in the said order it is mentioned that israr khan did not deposit the amount on the date of auction, i.e., 22.7.1981 and the.....
Tag this Judgment! Ask ChatGPTReported in : [2007(113)FLR873]
.....passed.let the opposite parties comply with the order within 3 months from the date of receipt of certified copy of the judgment.however, in the facts and circumstances of the case no costs is awarded to the petitioner.4. we have gone through the order of the tribunal. it has recorded a finding that there was no sufficient justification for petitioner's termination. the termination order was bad in the eye of law and could not be sustained. the action of the respondents could not be defended and is liable to be quashed. the operative part of the judgment and order of the tribunal quashes the termination order dated 21.12.1994 and states that the petitioner should be treated in continuous service maintaining his seniority for the purposes of confirmation, promotion and other service benefits as if the impugned order of termination was never passed, meaning thereby that the petitioner has to be treated all through in service. when an employee is completely exonerated meaning thereby he is not found blameworthy in the least, he has to be given the benefit of the salary from the date when he was prevented by the illegal action of respondents in terminating his service, though but.....
Tag this Judgment! Ask ChatGPTReported in : 2008(1)SLJ492(NULL)
.....a dependent on compassionate ground would be applicable in respect of employees of ewing christian college dying during harness(ii) whether in the facts of the present case, petitioner is entitled to such compassionate appointment or not.4. it has become necessary for the court to adjudicate upon the legal issues raised, inasmuch as the right to claim compassionate appointment by a dependent of a deceased employees, vis-a-vis the status of ewing christian college, would be dependent upon the statutory provisions which would be applicable. in absence of such determination the court cannot examine as to whether there exists any legal provision on the basis whereof the application of the petitioner can be processed.facts:5. petitioner, raj kumar claims to be the adopted son of one ram chandra. the adoption is said to have been executed on 10 th january, 1995. it is not in dispute that ram chandra was employed as a peon in ewing christian college, allahabad. ram chandra expired during harness on 10th april, 2005. petitioner claims to have been offered temporary appointment, and paid wages for the period of his actual working. it is alleged that the application of the petitioner for.....
Tag this Judgment! Ask ChatGPTReported in : 2007(4)AWC3791; [2007(113)FLR1049]
.....also filed their written statement and contended that the petitioner is a company incorporated under the companies act and is engaged in the manufacture of sugar by vacuum pan process and that the service conditions of the employees in the company are governed by the standing orders duly notified under section 3(b) of the u.p. industrial disputes act. the petitioner's contended that the labour union was not competent to espouse the cause of the workman nor had any locus standi to refer the dispute. it was further contended that there was no master and servant relationship between the petitioner and the workman at any stage and consequently no industrial dispute could be raised or referred under the u.p. industrial disputes act. further, the settlement was for a period of one year which had now lapsed and, therefore could not be enforced at this stage. even otherwise, there was a delay of more than 9 years in making a reference, and on this ground, the reference could not be answered in the affirmative in favour of the workman. it was further contended that assuming that the settlement could still be enforced, at best, it only created a right of employment for the workmen and.....
Tag this Judgment! Ask ChatGPTReported in : [2007(113)FLR1059]
.....without giving any show cause notice or charge sheet and without any reasonable cause. the workman contended that his work and conduct was satisfactory and that there was no complaint against him. the workman further contended that he had worked for more than 240 days in a calendar year, and therefore, his services could not be dispensed with without complying with the provision of section 25f of the industrial disputes act, 1947. since the provision of section 25f of the act was not complied with by the employers, the termination, of the services of the workman was wholly illegal and that he was liable to be reinstated with continuity of service and with full back wages.3. the petitioners denied the claim of the workman and contested the matter alleging that the workman was never appointed by the bank and that there was no master and servant relationship between the parties, and therefore, the question of terminating the service of the workman did not arise. the petitioners further submitted that the workman was appointed as a personal driver of the then senior manager, sri u.s. wahi, who was working in the bank's branch at kanpur and that the salary to the workman was also.....
Tag this Judgment! Ask ChatGPTReported in : I(2008)BC608
.....bank of india found that the condition of the bank was worse and actual loss to the bank till 31.3.1994 was rs. 24,08,47,285.82. to prove this fact a copy of the balance sheet and annual report dated 31.3.1994 is being annexed herewith and marked as annexure no. 2 to this company petition. ultimately while exercising the powers under section 45(2) of the banking regulation act, the government of india passed an order of moratorium on 20.6.1994 suspending the business of the bank. the said moratorium continued till 19.12.1994. the bank was again placed under the reserve bank of india's directions from 20.12.1994. consequently second, order of moratorium was passed on 30.0.1995 which continued till the bank was financially amalgamated with transferee bank.10-d that in the year ending on 31.3.1995 (financial year 1994-95) (assessment year 1995-96), the bank was found to be in loss of rs. 35, 18, 82, 619.00. copy of the director's report and balance sheet is being annexed herewith and marked as annexure no. 3 to this company petition.10-e that, the financial condition of the bank was so worse that the transaction of the bank was not possible and, as such, total business of the.....
Tag this Judgment! Ask ChatGPTReported in : (2009)20VST576(All)
.....march 3, 2001 relating to the assessment year 1987-88.2.. at the instance of the revenue following questions have been raised:a. whether on the facts and in the circumstances of the case, the trade tax tribunal is legally justified to hold that the tarbuj seeds sold by the dealer were exempt under notification no. 7038 dated january 31, 1985 despite the honourable high court has taken contrary view in the cases of jagannath prasad raghunandan prasad v. commissioner of sales tax [1992] uptc 716 and deepak brothers v. commissioner of trade tax [2000] 16 ntn 144?b. whether the trade tax tribunal is legally justified to hold that the coconut powder is taxable as oil seeds despite the dealer has sold the coconut powder to the sweet meat makers who have used as it as dry fruit and this powder could not be used as oil seeds?c. whether the trade tax tribunal is legally justified to allow the exemption on the stock of rs. 37,598 despite the dealer has failed to submit any evidence to prove his contention?3. heard learned counsel for the parties.4. i have perused the order of tribunal and the authorities below.5. so far as question no. 1 is concerned, this court in the case of ctt v......
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