.....appeared in the interview conducted by the commission for appointment to the posts of assistant professor in commerce stream reveal the following facts:1) 1st interview was held on 29.12.2001, 10(ten) candidates including the petitioner appeared in the said interview but there was no candidate belonging to st community;2) 2nd interview was held on 09.01.2002, 17 (seventeen) candidates (general) were called for interview on that day but only 8(eight) candidates appeared;3) total 18 (eighteen) candidates have faced the interview. besides the other members of the commission, the subject expert-advisor was a highly qualified retired professor of the concerned subject and ex-vice chancellor of an university.4) the petitioner secured 30 points in the said interview;5) the respondent nos. 4 to 8 secured 87, 59, 54, 53 and 51 points respectively;6) there are other candidates who have secured 50, 47, 46 points etc.10. that, the above facts clearly demonstrate that there was no scheduled tribe candidate, only 2(two) scheduled caste candidates have applied for the posts of assistant professor in commerce stream. in the above factual scenario, holding of a separate test for 2(two) sc.....
Tag this Judgment! Ask ChatGPT.....that the very assumption of the appellants that the prosecution has not brought on record the motive red-commission of the offence is unfounded on fact. in this connection he has drawn our attention to the evidence of p.w.4 hare ram choudhary, the brother of the informant, who has categorically stated in his evidence that jokhan choudhary and ram subhag choudhary always used to demand share in 6 bighas of land which ram swarup choudhary, the father-in-law of the informant, had purchased after partition which demand was refutted by him. our attention has been drawn to the evidence of the aforesaid witness wherein he has further stated that after the death of ram swarup chaudhary they continued to make demand for land from bharath chaudhary which he denied. our attention has also been drawn to the evidence of the informant p.w.7 sharda devi in paragraph 19 of evidence where she had stated that 'the cause of occurrence this that my husband was mentally unsound, hence, the accused persons wanted to grab the property after killing all of us'.44. having appreciated the rival submission, i find substance in the submission of mr. prasad. p.w.4 hare ram chaudhary, the brother of the.....
Tag this Judgment! Ask ChatGPT.....being similar in nature involving the similar circumstances, have been heard together and are being disposed of by this common judgment and order.facts in w.p.(c) no. 5280/062. the petitioner claims to be the wife of one md. jabbor ali and daughter of one ajimuddin sheikh @ ujnuddin of village nagagota, simlitola under p.s. simlitola and p.s. matia in the district of goalpara (assam). on a reference being made suspecting the petitioner to be an illegal migrant to india by the superintendent of police, goalpara registered a case being 319(g)/88 in illegal migrant (determination) tribunal, goalpara (goalpara district case no. 1039/86) was registered. upon issuance of notice by the tribunal, the petitioner responded to the same by submitting her written statement and engaging advocate. eventually, the proceeding before the tribunal resulted in ex-parte hearing due to none appearance of the petitioner and the tribunal by its judgment and order dated 18.10.01 held the petitioner to be an illegal migrant under the provision of im (d) t act, 1983 and declared that she entered into india on or after 25.03.71, i.e. the cut off date. as regards the exparte hearing and judgment, the.....
Tag this Judgment! Ask ChatGPTReported in : (2007)10VST330(Karn); 2007(4)KCCRSN253; 2007(3)AIRKarR29; 2007-08(5)VATToday33(DB)
.....aggrieved by the orders passed in sta nos. 279/1999, 280/1999, 323, 444, 497 and 498/2001 and 296/2003 dated 27.12.2003 in this revision petition.2. facts as narrated in the revision petition are as under:respondent is a company registered under the companies act. it is a registered dealer under the karnataka sales tax act and central sales tax act (for short 'the acts'). respondent was earlier known as brooke bond lipton india limited (lipton division) and was amalgamated with the respondent company w.e.f. 21.3.1997. respondent has established a new industrial unit engaged in the production of blended packed teas at dharwad since 8.9.1992 and 6.5.1993 respectively. respondent availed sales tax exemption benefit for a period of six years from the date of commencement of commercial production in terms of the scheme evolved by the government vide government order dated 27.9.1990 and sales tax exemption notification dated 19.6.1991. 3. the assistant commissioner of commercial tax (intl), kolar visited the premises of the respondent as on 20.12.1996. according to the revision petition, he noticed the contravention of the conditions laid down under explanation iii(e) to the.....
Tag this Judgment! Ask ChatGPTReported in : (2007)209CTR(Kar)385; [2007]292ITR188(KAR); [2007]292ITR188(Karn)
.....no. 25/20001. revenue aggrieved by the order of the tribunal dtd 4-11-1999 is before us. the following questions of law are framed;1. whether on the facts and in the circumstances of the case, the tribunal was right in holding that in the case of amalgamation of borrower with the lender, the entries to be passed in the books of the amalgamated company would be different from the situation where no amalgamation takes place?2. whether on the facts and in the circumstances of the case, the tribunal was right in allowing the deduction claimed for irrecoverable interest without noting that on 1-4-1994, ie., the first day of the accounting year, the debtors and the debts due to them had ceased to exist?3. whether on the facts and in the circumstances of the case the tribunal was right in holding that the irrevocable interest was an allowable deduction, without noting the principle of mutuality and after holding that such interest was allowable in not noting the provisions of section 41(1) of the act pertaining to cessation of liability in the hands of the erstwhile debtors?4. whether on the facts and in the circumstances of the case, the tribunal was right in holding that on an.....
Tag this Judgment! Ask ChatGPTReported in : AIR2007Kant87; ILR2007(1)Kar940; 2007(3)KLJ57; 2007(2)KCCR1248; 2007(2)AIRKarR545; AIR2007Kant87
.....and higher than the 'reserve price' notified in the auction notice annexure 'a' and deposited 25% of the said bid on 15.09.2006. it is an admitted fact that the respondent did not communicate the acceptance of the petitioners bids.9. applying the principles of law as deduced supra, to the facts of this case, there can be no doubt that the public auction of the corner sites was with an intention to fetch the best possible price and to ascertain whether an offer can be obtained with a margin, while reserving the right to decline the offer as inadequate (reason). the petitioners bids and the deposit of 25% of the said bids do not constitute a transfer of property nor by offering the bids the petitioners acquired any vested rights. in the absence of acceptance of bids there were no concluded contracts with the petitioners.10. the 'reserve price', (sarkari saval) is to limit the authority of the auctioneer. having regard to the law that reserve price is not synonymous with 'valuation of the property' which operate in different spheres, the contention of the petitioners that the price offered by them being in excess of the reserve price, must entitle them to a confirmation of their.....
Tag this Judgment! Ask ChatGPTReported in : 2008(1)KarLJ524; ].2007(6)AIRKarR290
.....dismissed the eviction petition filed by her against the respondent mylarappa under section 27(2)(a) and (r) of the karnataka rent act.2. the brief facts of the case are that the petitioner stated to be the absolute owner of the petition schedule premises and the respondent is her tenant as per rental agreement dated 7.6.1999. the rent was rs. 500/- per month for a period of two years from 7.6.1999 and thereafter the rent was enhanced to rs. 2000/- per month. the case of the petitioner is that her family consists of six members including her husband, three daughters and son. the present premises in occupation of the petitioner is an old building, hence the petitioner is intending to shift her family to the petition schedule premises. since the respondent is a chronic defaulter in payment of rents, a legal notice was issued, the same was returned unclaimed. however the certificate of posting was duly served on the respondent for which he has sent untenable reply. therefore, the petitioner filed h.r.c. 904/2001. the trial court after recording the evidence and after hearing counsel appearing for both parties directed the parties to approach competent court of civil jurisdiction.....
Tag this Judgment! Ask ChatGPTReported in : 2007(2)ALD435; 2007(3)ALT75
.....held that the valuation of the suit under section 24 (a) of the andhra pradesh court fees and suits valuation act is correct. it noted the admitted facts about the death of nageswara rao on 25-10-1982, the relationship of the parties, nageswara rao living with the plaintiff's father ravi rangaiah in the same house in the adjacent portion purchased by him, the execution of ex.a.3 relinquishment deed and ex.a.4 partition deed, the defendants living in bellari since 16 years prior to the suit and the plaintiff being a young widow with children. while observing that the 1st defendant was not examined, the trial court noted the admissions of the 2nd defendant as d.w.1 about the vices of nageswara rao, payment of rs.1,500/- towards maintenance, partition and separate living. it noted the absence of any evidence about any visits by nageswara rao to the defendants and the non- production of original partition deed in their possession by the defendants. the trial court observed that the defendants were not present before or at the time of the death of nageswara rao and did not enquire about the will. the trial court considered the evidence of d.ws.2 to 7 and exs.b.1 to b.12 to be.....
Tag this Judgment! Ask ChatGPTReported in : 2007(3)ALD386; [2007]77SCL174(AP)
bilal nazki, j. 1. these three appeals raise same questions of law and fact and therefore, they are being disposed of by this common judgment. facts are taken from o.s.a. no. 24 of 2005.2. this appeal is filed by the appellants against the order passed by the company judge in c.p. no. 199 of 2003. the company petition was filed by the appellants under sections 391 and 394 of the companies act, 1956 (for short 'the act'), seeking sanction of scheme of arrangement for amalgamation of the transferor company m/s. hetero drugs limited. the transferor company was 100% subsidiary company of the transferee company. it was incorporated with the main objects of carrying on the business of research, design, manufacture, production and marketing of all kinds of organic and inorganic chemicals, pharmaceuticals and to carry on the business of stockists and commission agents. as per its memorandum of association, the authorized share capital of the transferor company was rupees seven crores divided in to seventy thousand equity shares of rupees one thousand.3. the transferee company, which is a holding company as per its memorandum of association, had almost objects similar to the transferor.....
Tag this Judgment! Ask ChatGPTReported in : 2007(3)ALT600
.....of rebutting the initial evidential burden, the defendant can rely on direct evidence or circumstantial evidence or on presumptions of law or fact. once such convincing rebuttal evidence is adduced and accepted by the court, having regard to all the circumstances of the case and the preponderance of probabilities, the evidential burden shifts back to the plaintiff who has also the legal burden. thereafter, the presumption under section 118 does not come again to the plaintiff's rescue. once both parties have adduced evidence, the court has to consider the same and the burden of proof loses all its importance.10. llearned counsel appearing for the respondent-plaintiff submits that the appellant-defendant having taken a plea of the execution of ex.b-3 document by the respondent-plaintiff, failed to prove the same and thus the findings recorded by the trial court as confirmed by the appellate court do not involve any substantial question of law and therefore the same are not required to be interfered in this second appeal. he further submits that no substantial question of law has been involved warranting admission of this appeal.11. in ishwar dass jain v. sohan lal 1999 (10).....
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