Reported in : (2007)1MLJ494
.....of a division bench of this court reported in union of india v. the registrar, central administrative tribunal and anr. : 2005(3)ctc703 . the facts involved in that case was a sitting judge of this court was appointed as chairman, railway claims tribunal, which post he continued to hold even after he attained the age of superannuation as high court judge and claimed pensionary benefits for the period he rendered his service as chairman, railway claims tribunal. the division bench of this court, relied on rule 15 of the railway claims tribunal (salaries and allowances and conditions of service of chairman, vice chairman and members) rules 1989, which contemplates that notwithstanding anything contained in rules 4 to 14 of the rules, the conditions of service and other perquisites available to the chairman shall be the same as admissible to a serving judge of a high court and held that the claim made was based on rule 15 and not based on the high court judges (salaries and conditions of service) act, 1954 and dismissed the writ petition filed by the railways against the order of central administrative tribunal. hence, the said judgment is not applicable to the facts of the.....
Tag this Judgment! Ask ChatGPTReported in : (2007)1CALLT589(HC),2007(1)CHN351
.....that the prosecution could not prove that the accused persons had really beaten the son of the appellant to death.c) being dissatisfied, the de facto complainant, the husband of the appellant, filed a revisional application before this court and at the same time, the state also preferred an appeal against order of acquittal. a division bench of this court allowed the appeal and the revisional application by setting aside the order of acquittal passed by the sessions court and convicted three of the accused persons for committing offence under section 304 part ii read with section 34 of the indian penal code by imposing rigorous imprisonment of seven years each on the two of the accused persons in addition to a fine of rs. 5,000/-. the third accused, another police personnel was directed to suffer imprisonment of five years in addition to imposition of a fine of rs. 2,500/-. the division bench further ordered that the fine, if realised, should be paid to the heir of the victim by way of compensation. the fourth accused person was, however, acquitted.d) on an appeal by the convicted persons to the supreme court by special leave, the said court refused to interfere with the.....
Tag this Judgment! Ask ChatGPTReported in : 2007ACJ2521,(2007)1CALLT648(HC)
.....limited questions posed before us, in our opinion, it is not necessary to go into the purported discrepancies existing in the second schedule of the act.72. section 163a was introduced in the year 1994. the executive authority of the central government has the requisite jurisdiction to amend the second schedule from time to time. having regard to the inflation and fall in the rate of bank interest, it is desirable that the central government bestows serious consideration to this aspect of the matter.14. as nothing has been done, we are of the view that let a copy of this judgment be referred to the central government for taking appropriate steps in terms of the judgment delivered by the apex court and a compliance report to be filed by the central government to' the high court registry within six months from this date.15. let a copy of the judgment be served to the learned presiding officer who delivered judgment under appeal for his taking note of the statutory provision of section 163a of the said act in future. similarly a copy be served to the learned district judge, uttar dinajpur for necessary action in the matter and for issuing instruction to the learned tribunal, motor.....
Tag this Judgment! Ask ChatGPTReported in : 2007(1)ShimLC129
.....of the land beyond the expiry of the period of lease shall be deemed to be encroacher under such person gets the lease extended or renewed).2. brief facts leading to this reference are that in the present case the state of himachal pradesh has challenged the legality and validity of a judgment dated 6th april, 2000 passed by the learned district judge, bilaspur in civil appeal no. 73 of 1997, whereby he, while setting aside the impugned order dated 2-7-1997 passed by the assistant collector 1st grade, ghumarwin, district bilaspur remanded the matter to the said assistant collector with directions to him to decide the case afresh in accordance with the provisions contained in sub-sections (3) and (4) of section 163 of 1953 act.3. the aforesaid civil appeal no. 73 of 1997 was filed before the learned district judge by the respondent smt. urmila devi feeling aggrieved as she did against the aforesaid order of the assistant collector 1st grade, ghumarwin because according to her, despite her having set up a plea of adverse possession which in turn raised a question of title wherein a right was claimed by her based upon her such plea of adverse possession, the assistant collector did.....
Tag this Judgment! Ask ChatGPTReported in : 2006(3)ShimLC40
.....made by the defendant/ appellant for the amendment of the written statement?2. the appeal was finally heard on 18th and 19th october, 2006. facts relevant for the disposal of the appeal may be summed up thus. respondent prem lata, hereinafter called plaintiff, filed a suit on 3.12.1986, for possession of the suit premises consisting of two rooms, kitchen, bathroom, store and latrine, alleging that she was a tenant in the aforesaid premises under the present appellants who were impleaded as defendants no. 2 to 6 and that for some personal reasons, she had not been staying in shimla where the premises are situated and directed her neighbour, proforma respondent no. 2 rajesh sood to look after the property in her absence and that when on 20.11.1986 she came to shimla, the premises were found to be in possession of the defendants, i.e. appellants and proforma defendant no. 2. when the plaintiff questioned the defendants as to how they came to occupy the premises during the subsistence of her tenancy, appellants/defendants no. 2 to 6 told that they had taken possession of the premises from defendant no. 1 and thereafter the wife of defendant no. 1 locked the premises and.....
Tag this Judgment! Ask ChatGPTReported in : 2007(2)JKJ20
.....have defended. however, in their reply they state that the second respondent was an aggrieved person and had a right to maintain the appeal and the fact that same was delayed could not be used to throw him out of the court. they have also pleaded that petitioners appeal against the demolition order issued against him by officers of said respondents too is pending in the tribunal below. as already said no reply has been filed by second respondent. during course of submissions appearing counsel have reiterated the contents of their pleadings, while nobody is present to be heard for respondent no. 2.5. i have heard learned counsel and considered the matter. the moot question that emerges for consideration in the writ petition is whether it is within powers of the special tribunal below to condone delay in cases of appeals preferred under section 13 of coboa act against permission and demolition orders granted under section 7 or 10 thereof. consideration of question may be started by quoting section 13 of the act which provides for appeal in following terms:section 13. (1) an appeal against the order of an authority made under (section 5 or) section 7 shall lie to such persons as.....
Tag this Judgment! Ask ChatGPTReported in : 2007(2)JKJ24
.....'technical quota' into kas he could not be considered as there was no provision for retrospective induction of retired officers. while admitting all factual pleas raised by petitioner in his writ petition, the respondents have however, attempted to explain induction of retired officers in 1997, on the ground that in circumstances attending the matter at that time they could not be excluded from the selection list but were later deleted under respective government orders passed in that behalf. the case set up by respondents in their counter affidavit has however been contested by petitioner in his rejoinder by stating that respondents omission to order his induction into kas in accordance with the select list has deprived him of pensionery benefits that he would get after induction into kas cadre and as such he has suffered both in substance and status due to respondents inaction and as such they cannot claim that petitioner has no right to maintain the writ petition. regarding deletion of retired officials/officers who were inducted into kas in 1997 as aforesaid the petitioner has maintained that it was only after admission of this writ petition, that respondents passed some.....
Tag this Judgment! Ask ChatGPTReported in : 2007(2)JKJ30
.....no. 41-he/98 where under 17 chief librarians of the higher education department were placed into the higher grade of 2200-4000 in relaxation of rules, and order no. 17/3-edu of 1998 dated 18.12.1998 whereunder 14 librarians of school education have been placed in the pre-revised grade of 2000-3400 while giving them the benefit of sro 291 dated 1.6.1978. under government orders no. 30 edu of 1994 dated 1.6.1994 and 239 of 2001 dated 24.03.2001 again 11 librarians have under sro 291 of 1978 been placed in the grade of 475-850 (pre-revised) on the ground that they had improved their academic qualification to the point of masters degree/graduation with b. lib. under all these orders the benefit of higher grade has been given to the librarian /chief librarians on the ground of having secured better qualification of m.a. plus b. lib etc, which as per his un-rebutted pleadings the petitioner was holding even at the time of his initial appointment. not only the requisite qualification but he also performed duties similar to those of his counter parts and as such had a claim of parity with them in terms of the principle of equal pay for equal work which has repeatedly been held by.....
Tag this Judgment! Ask ChatGPTReported in : 2007(2)JKJ66
.....quota available from the vacancies required to be filled up through the relevant selection process may have been exhausted by now. as a matter of fact these two circumstances appear to have potential of washing away whatever rights petitioners earned under the earlier judgment, but then nothing in the matter is attributable to them and whatever adverse to them has happened is due to non observance of court directions by respondents. so the cause of justice demands that subsequent events should not be allowed to overtake the rights accrued to them under earlier judgment as aforesaid.6. in totality of circumstances, therefore, the petition is disposed of with following directions:(i) such of the petitioners who intend to apply for government service either in the category of teachers or otherwise within one year from now shall be considered, if necessary, in relaxation of the age bar if attracted.(ii) they or such of them as might have applied for teaching service on contractual basis or under ssa be given a preferential treatment with the provision for relaxation of age bar as above.(iii) at the same time the respondents 1 and 2 may compassionately consider the cases of.....
Tag this Judgment! Ask ChatGPTReported in : 2007(1)JKJ525
.....before the appointed authority below had worked with respondent-department but their wages were unpaid and as such impugned award was well placed in fact and law. during course of submission, appearing counsel have reiterated the contents of their respective pleadings.3. i have heard learned counsel and considered the matter. the first question that falls for consideration is whether in view of the alternate appellate remedy available to petitioners under section 17 of the payment of wages act, the writ petition could be maintained without exhausting the same and if so in what circumstances. in this behalf reference may be made to the precedent to find an answer to the question:i. in m.g. abrol v. shanti lal and co. reported as air 1996 sc 297-hon'ble apex court while considering the question was pleased to hold in para 15 of judgement among other things as under:lastly it was argued that the high court should not have exercised its jurisdiction under article 226 of the constitution as the respondents had an effective remedy by way of appeal...but the high court rightly pointed out that respondents had no effective remedy for they could not file an appeal without depositing the.....
Tag this Judgment! Ask ChatGPT