Reported in : 2007(95)DRJ85
.....this and contends that there is no violation of the order dated 24.3.2005 passed by the learned single judge. he insists that the said order has in fact been complied with in as much as inter se seniority in the cadre of asis transferred from dda to the mcd has been determined only on the basis of their respective dates of regularization. since the applicants in cm no. 11090-91/2006 have been regularised from an earlier date i.e 1.10.1991 they have been rightly placed over the petitioner. mr. sanjeev sabharwal, learned counsel for the mcd submits that they have omplemented the order dated 24.3.2005 of the learned single judge and prepared the provisional seniority list only on the basis of respective dates of regularization of the two sets of transferred asis.14. to this court is appears that the scope of the present contempt petition is confined to examining whether the order dated 24.3.2005 passed by learned single judge of this court in wp(c) no. 3181/1997 has been willfully disobeyed by the mcd while preparing the provisional seniority list circulated by its letter dated 15.9.2005. there can be no dispute that the outcome of the appeals (lpa nos. 2478-85/2005 2478-85/2005.....
Tag this Judgment! Ask ChatGPTReported in : 136(2007)DLT399
.....section 95(2)(b) read with regulations 9(ii) of the dmc (control and appeal) regulations 1959 after observing that holding of the inquiry is not practicable in this case. 3. as against the said order passed on 07.4.2006, the appellant filed an appeal, which has been transmitted to the respondent no. 1, the appellate authority namely lt. governor of delhi.4. it is contended before us by the learned counsel for the appellant that the appellant should be allowed to be represented through a lawyer as otherwise fundamental right of the appellant would be violated. 5. we are unable to agree and accept the contention of the appellant as there is no fundamental right or provision in statutes/rules to give such kind of opportunity to the appellant to be represented by a lawyer. principles of natural justice, require that just and fair opportunity should be given to the appellant to present his case.6. the appellant has filed the appeal in terms of the provisions of section 95(4), which provides that an officer or an employee upon whom a punishment has been inflicted under this section may appeal to such officer or authority as may be prescribed under the regulations. proviso thereto.....
Tag this Judgment! Ask ChatGPTReported in : [2007]139CompCas496(Ker); (2007)2CompLJ56(Ker); [2007]76SCL425(Ker)
.....simplified exit scheme-2005. the promise in annexure-1 is evidently only to those who successfully avail the simplified exit scheme-2005. the mere fact that the scheme remained in force till 31.8.2005 cannot persuade this court to quash the proceedings initiated by complaint dated 28.7.2005. the challenge on the first ground must in these circumstances fail.6. the next contention is that the petitioners had paid all amounts which are payable under section 611(2) of the companies act. according to the petitioners, actually for these six instances for which he is prosecuted, the maximum amount that would be payable under section 611(2) of the act read along with relevant entry in schedule x is only rs. 33,000 [(5,000 + 500) x 6]. the petitioners had in fact deposited an amount of rs. 32,000 initially and a subsequent amount of rs. 18,000 as directed by the authorities. thus in all, an amount of rs. 50,000 has been paid. this according to the petitioner is more than the maximum that is leviable under section 611(2) of the companies act. an amount of rs. 17,000 in excess of the maximum having been collected from the petitioners, the petitioners are entitled to get the present.....
Tag this Judgment! Ask ChatGPTReported in : (2007)2GLR2155
.....to suffer r.i. for ten years and fine of rs. 1,000/- and in default of payment of fine, s.i. for a further period of one month.2. the brief facts of the prosecution case, as disclosed from the complaint lodged by the prosecutrix, dinaben, and unfolded during trial, are as under:2.1 the prosecutrix, dinaben mansukhbhai parmar, was residing at rajkot since last twenty years. her husband, mansukhbhai alias babu, met with an accident. a complaint was lodged against dinaben by her husband. the accused, being a police constable, was investigating the said case. the accused prepared a plan to take disadvantage of the situation and threatened the prosecutrix. she was under the control of the accused and the accused kidnapped and compelled her to go with him at various places. she was given intoxicating medicines by the accused. she was raped right from the year 1991. it was further case of the prosecution that the accused misused his official position and spoiled the life of the prosecutrix. the accused is married and is having children. in spite of this fact, he took disadvantage of the situation and he used to threaten the prosecutrix and threat was given to the extent that.....
Tag this Judgment! Ask ChatGPTReported in : 2007CriLJ1939; RLW2008(1)Raj350
.....of sharvani (p.w. 4) who in her cross-examination admitted that she did not see the face of accused.(iv) sharvani (p.w. 4) also admitted the fact of enmity with the accused and that fir 152/97 was registered against them on july 7. 1997.(v) dr. s. c. vyas (p.w. 9) who examined the prosecutrix did not find any injury on the person of prosecutrix.4. learned public prosecutor however supported the impugned judgment and canvassed that testimony of prosecutrix was rightly believed by the trial court. having scanned the material on record and considering ,the statements of the prosecutrix as well as sharvani (p.w. 4) i find the factual situation as under:(a) fir no. 152/97 was lodged by suresh (appellant) against the prosecutrix and her family members on july 7, 1997 and a case under sections 147, 447, 435, 323 and 379, ipc was registered against the prosecutrix, her husband and other family members.(b) dr. satish chand vyas (p.w. 9) conducted ossification test of the prosecutrix and as per x-ray report ex. p-10 the age of prosecutrix on the date of incident was between 18-20 years.(c) the prosecutrix (p.w. 3) in the cross-examination deposed that appellant had instituted false.....
Tag this Judgment! Ask ChatGPTReported in : RLW2007(3)Raj1890
.....charge sheet was filed. in due course the case came up for trial before the learned sessions judge tonk (special judge, ndps cases). charge under section 8/18 ndps act was framed against the appellants, who denied the charge and claimed trial. the prosecution in support of its case examined as many as 8 witnesses and got exhibited 20 documents. in the explanation under section 313 crpc, the appellants claimed innocence. one witness in defence was examined. learned trial judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.3. the first contention of learned counsel for the appellants is that independent witnesses narendra singh (pw.1) and devendra singh (pw.2), who were associated with the raid party did not support the prosecution case. thus search and seizure of the opium in the manner stated by the prosecution has become doubtful and possibility of planting cannot be ruled out. it is further contended that rakesh kumar (pw.3), manak chand (pw.4), mohan lal (pw.5), satyapal singh sabarwal (pw. 6) and prakash chand meena (pw.7) were the members of raid party and their testimony could not have been relied upon. these contentions in.....
Tag this Judgment! Ask ChatGPTReported in : 2007(2)WLN74
.....against him and claimed trial. the prosecution in support of its case adduced oral and documentary evidence. the appellant in his statement under section 313 of the code of criminal procedure denied the correctness of the prosecution evidence appeared against him. the trial court having held the prosecution case proved, convicted and sentenced the appellant in the manner stated above.5. we have heard learned counsel for the parties and perused the record. there is no direct evidence to connect the appellant with the alleged crime. the prosecution has relied upon following piece of circumstances to connect him with the murder of lal singh.1. appellant was seen taking mst. pankhi with him against her will.2. recovery of blood stained kulhari from the possession of the appellant.3. presence of blood on the shirt of the appellant.6. as far as the first circumstance is concerned pw/1 naru has stated that he had seen the appellant ambawa taking his wife pankhi to village mohini. this witness is author of the first information report but in the cross examination he has failed to give the name of the scribe. pw/8 pankhi has not supported pw/1-naru. she identified the appellant ambawa.....
Tag this Judgment! Ask ChatGPTReported in : 2007(2)WLN351
.....he had initiated the first public interest litigation with respect to udaipur lakes as back as in the year 1982. he expressed his utmost dissatisfaction in the matter. he was at pains to say that on completion of 100 years of age, his desire is that before he leaves for heavenly abode, he may see clean and beautiful lakes of udaipur. having noticed the feelings of freedom fighter shri balwant singh, in one of our orders, it was observed that touching feelings of freedom fighter must reach to all concerned responsible for execution of the task. this court continued to monitor the execution and the execution plan by way of continuous mandamus. it will be relevant to refer one offshoot writ petition filed by e.t.h. limited challenging the order of the collector, udaipur, directing the petitioner company to stop the construction work. in the said judgment, we emphasized on proper balance between the development and the environment so that both may co-exist without affecting the other. the said judgment is reported in 2001(2) wlc (raj.) 249. it was observed in para 12 thus:12. we are to take a reasonable and balanced view of the entire situation. it is necessary to accommodate all.....
Tag this Judgment! Ask ChatGPTReported in : 2007(2)WLN499
.....police report is insignificant. thus, the advisory committee was not justified in rejecting the petitioner's case on the basis of adverse police report and the report of the social welfare officer.5. in the result, we allow this petition and quash and set aside the order dt. 19.06.2006. the superintendent of central jail is directed to release jodhraj s/o madholal gurjar on first regular parole for 20 days provided that the petitioner submits two sureties of 30,000/- each along with a personal bond of the same amount to the satisfaction of the superintendent, central jail, ajmer. the petitioner is further directed to return to the central jail on the completion of 20 days from the date of his release from the prison. he is further directed to maintain peace and tranquillity during his parole period.
Tag this Judgment! Ask ChatGPTReported in : (2007)2MLJ760
.....(x2) department dated 12.11.2003. 3. it is also relevant to point out that this court in the above said judgment has held that the above said act and order did not contemplate any where that the schools must have subject roster in respect of appointment of middle grade graduate teacher.4. further the said order of the second respondent which is executive in nature, cannot go against the statutory provision made thereunder as it has been laid down by the honourable supreme court in the decision in b.n. nagarajan v. state of karnataka : (1979)iillj209sc , which was followed in the decision in v. sreenivasa reddy and ors. v. government of a.p. and ors. .5. further it is unfortunate for the second respondent to take a decision that the said judgment reported in 2006 (5) ctc 504 is applicable only in respect of the csi schools and not in respect of the present writ petitioner's school. the learned government advocate would fairly submit that the order passed by this court reported in the above said judgment is applicable to all schools similarly situated since the dictum laid down in respect of the appointment of middle school graduate teachers, whether it is a high school or.....
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