Reported in : [2007]290ITR336(Delhi)
.....the tribunal was competent to dispose of the appeal on merits even in the absence of the appellant but submitted that having regard to the peculiar facts and circumstances of this case and particularly the fact that promoters of the appellant-company had been affected by hindu sikh riots of the year 1984 and the company itself was under a scheme of reconstruction before the bifr, the matter could be remitted back to the tribunal to afford an opportunity to the appellant of being heard in the matter before passing a fresh order.2. the tribunal appears to have sent a notice to the appellant by registered post in response to which the appellant did not admittedly appear to argue the appeal. according to the appellant the office of the company was closed with the result that the notice even if sent was never actually received by anyone responsible in the company to respond to the same. no notice on a second address which was according to mr. jain available on the record was ever sent to the appellant-company. be that as it may, the fact remains that the order under appeal has been passed without hearing the appellant. such a hearing would in our opinion promote the ends of justice.....
Tag this Judgment! Ask ChatGPTReported in : 126(2006)DLT685
.....to the sanctions allegedly issued in their favor by the municipal authorities. there is no evidence even to show that any such construction has, in fact, come up in the land purchased by the petitioners. the petitioners have, all the same, prayed for a declaration that the lands purchased by them are free from and outside the scope of acquisition proceedings initiated, in terms of the preliminary notification dated 25th november, 1980, declaration under section 6 of the act dated 7th june, 1985 and the award made pursuant thereto. a mandamus, directing the respondents not to interfere in the peaceful possession of the petitioner over the lands in question has also been prayed for. 3. we have heard, mr.vashisht, learned counsel for the petitioner at some length and perused the record. 4. as noticed above, there is no prayer in the petitions for a writ of certiorari, quashing the notifications under sections 4 and 6 of the act or the award made pursuant thereto. what has been prayed for is a mandamus and/or a declaration to the effect that the lands in question are free from acquisition proceedings initiated under the notifications mentioned earlier. it is difficult to appreciate.....
Tag this Judgment! Ask ChatGPTReported in : AIR2006Delhi125; 126(2006)DLT678
.....items listed are excessive or that their rating is incorrect. the inevitable conclusion thereforee is that the petitioner having not challenged the factual contents recorded in the inspection reports has admitted the same. question is of drawing inference there from.19. a perusal of the inspection reports show that for the domestic connection, 48 bulbs and tube-lights, 2 air-conditioners of 2.25 kws, 3 split air-conditioners of 3 kws, 6 ceiling fans, 1 exhaust fan and 1 television was found connected at site.20. pertaining to the non-domestic connection, apart from approximately 100 bulbs, tube-lights and cfl lights, 3 window air-conditioners of 2.2 kws and 3 split air-conditioners of 3 kws were installed.21. a perusal of annexure p-1 to p-4 being the bills received by the wife of the petitioner pertaining to the 3 sanctioned regular connections and one connection on as is where is basis shows that for k. no. 1250-v109-0114 monthly billing ranges from 136 units to 241 units, for k. no. 1250-v109-0115 it ranges from 132 to 812 units and for k. no. 1250-v109-0116 it ranges from 100 units to 610 units. needless to state for the connection on as is where is basis, no meter being.....
Tag this Judgment! Ask ChatGPTReported in : (2006)200CTR(Del)450
.....the tribunal was competent to dispose of the appeal on merits even in the absence of the appellant but submitted that having regard to the peculiar facts and circumstances of this case and particularly the fact that promoters of the appellant- company had been affected by hindu sikh riots of the year 1984 and the company itself was under a scheme of reconstruction before the bifr, the matter could be remitted back to the tribunal to afford an opportunity to the appellant of being heard in the matter before passing a fresh order.2. the tribunal appears to have sent a notice to the appellant by registered post in response to which the appellant did not admittedly appear to argue the appeal. according to the appellant the office of the company was closed with the result that the notice even if sent was never actually received by anyone responsible in the company to respond to the same. no notice on a second address which was according to mr. jain available on the record was ever sent to the appellant- company. be that as it may, the fact remains that the order under appeal has been passed without hearing the appellant. such a hearing would in our opinion promote the ends of justice.....
Tag this Judgment! Ask ChatGPTReported in : 2005(4)KLT1003
.....lib. ii., dieg. 13, section 15; lord clyde's translation ii .p.643).this fiction has undoubtedly been adopted in the law of scotland....it is satisfactory for the purposes of the present case to find that the law of england in this matter is to all intents and purposes the same as the law of scotland. the same fiction, derived from the same source in the civil law, and qualified by the same condition, is common to both systems. in the english case of villar v. gilbey, (1907) a.c. 139 your lordships' house had occasion to emphasize that the limitation, which the court of appeal had there discarded, was an essential part of 'this peculiar rule of construction,' which accordingly applies only where it is for the benefit of the unborn child to apply it.'in moore v. wingfield, (1903) 2 ch. 411, justice vaughan williams l.j. held:'in blackstone's commentaries, 4th ed. vol.i. 129, 130, it is stated that in contemplation of law life begins as soon as an infant is able to stir in the mother's womb: 'for if a woman is quick with child, and by a potion, or otherwise, killeth it in her womb; or if any one beat her, whereby the child death in her body, and she is delivered of a dead child;.....
Tag this Judgment! Ask ChatGPTReported in : II(2006)BC36
.....from a reading of the appeal memoranda in both the appeals, this contention of the appellants is unambiguously stated not only in the statement of facts, but also in the grounds, and strongly pressed into service against the impugned judgment. therefore, it is abundantly clear that the appellants are challenging the impugned judgment only on the ground that the relevant criterion is the pac of the earlier work and not the final bill amount.10. in the course of arguments, in view of the divergence on this aspect, we wanted the learned government pleader to produce before us the files relating to the subject and the certificates produced by the parties to ascertain as to how each of the tenders have understood the eligibility condition. the files produced before us revealed a very peculiar situation to the chagrin of the appellants. in order to demonstrate this peculiarity, we shall extract below the certificates of the writ petitioner and the two appellants available in the files produced before us. the writ petitioner has produced a certificate dated 14.10.2003 from the superintending engineer, project circle, muvattupuzha. the certificate reads thus:certificatethis is to.....
Tag this Judgment! Ask ChatGPTReported in : 2006(1)KLT493
.....qualification, atleast vis-a-vis the appellant and petitioners, prospective or retrospective in their operation2. a brief reference to the essential facts is necessary to answer the above question. we will be referring to the relevant dates and documents available in writ petition no. 18087/2005.3. the kerala public service commission (for short, the commission) issued ext.p1 notification in the kerala gazette on october 27, 1998 inviting applications for appointment, to the post, of pharmacist (homoeopathy) in the department of homoeopathy. the common notification was issued for filling up the several vacancies in 8 districts in the state. the qualifications prescribed were:(1) a pass in sslc examination or equivalent.(2) experience in dispensing homoeopathic medicine for not less than 3 years in government homoeopathic hospital/dispensary or in a dispensary run by a registered a class homoeopathic medical practitioner.the above qualifications were in terms of those prescribed in g.o.(ms)161/84/hg dated 21.6.1984. it is not in dispute that the selection process was completed and separate districtwise rank lists were published on various dates between april 2002 and january 2003......
Tag this Judgment! Ask ChatGPTReported in : 2006(1)KLT705
.....the kerala lok ayukta. he has filed this original petition challenging the order of the lok ayukta passed on 17-10-2001 in the said complaint. the facts leading to the original petition are as under.2. the complainant is a person who claims to be a public interested human rights activist. he filed the complaint before the kerala lok ayukta alleging as follows.(i) the respondents in collusion with each other manipulated the engineering and medical entrance rank list of the state for the academic year.(ii) the first respondent (minister for education) with the mala fide intention to delete the name of a student from the rank list and then to insert in that place the name of a student who has not even appeared for the entrance examination collided with the second respondent (the then entrance commissioner) and committed the manipulation of the rank list.(iii) in the mathrubhumi daily dated 25th august 2001, the second respondent had alleged that the first respondent had demanded him to do illegal acts concerning the said entrance list, to which the respondent replied that the attempt is to black mail him.(iv) the above statements of the respondents show itself that they have.....
Tag this Judgment! Ask ChatGPTReported in : AIR2006Ker86; II(2006)BC411; [2006]132CompCas855(Ker)
.....recovery tribunal (procedure) rules, 1993 (for short 'the rules') prescribing court fee for application to counter claim arises in this case. the facts necessary for the disposal of this appeal which lie in a very narrow compass, are as follows.2. the appellant-federal bank filed o.a. no. 161/2002 before the debt recovery tribunal, ernakulam for recovery of certain amounts due from the 1st respondent herein. on 22-7-2002, the 1st respondent filed a counter claim raising money claims against the bank in accordance with section 19(8) of the act. at that time, the rules did not contain any specific provision for payment of court fee on counter claims. with effect from 21-1-2003, rule 7 of the rules was substituted prescribing court fee for counter claims also. on 19-10-2004, the debt recovery tribunal passed an order directing the 1st respondent herein to pay court fee on the counter claim. challenging the said order, the 1st respondent filed w.p. (c) no. 34318/2004. a learned single judge of this court allowed the writ petition and held that no court fee is payable in respect of counter claims filed before 21-1-2003, i.e. the date of amendment of rule 7 of the rules. this.....
Tag this Judgment! Ask ChatGPTReported in : (2006)IILLJ938Guj
.....has admitted the petition and rule was issued on 25.10.1999.3. the case of the petitioner was that the petitioner had joined the respondent no. 3 factory in the year 1962 and left the said organization on 31.07.1995 by tendering his resignation. the petitioner was employed as works manager of a factory at surat owned by the respondent company, registered office of which is at bombay. the petitioner has applied for gratuity vide his application dated 02.09.1995. since the respondent company has not taken any concrete action except for giving assurances, the petitioner has preferred an application dated 25.02.1997 before the controlling authority under the payment of gratuity act, 1972. after hearing the parties, the controlling authority has rejected the application of the petitioner on the ground that (i) it has no jurisdiction, (ii) the petitioner is not an employee and (iii) that the petitioner has not put in 5 years of continuous service.4. being aggrieved by the said order of the controlling authority, the petitioner preferred an appeal before the appellate authority under the payment of gratuity act vide his appeal dated 24.12.1997 and after hearing the parties, the.....
Tag this Judgment! Ask ChatGPT