Court : Supreme Court of India
Reported in : 1996VIIAD(SC)814; [1997(75)FLR493]; JT1996(9)SC184; (1997)IILLJ321SC; 1996(7)SCALE460; (1996)10SCC555; Supp7SCR253; 1997(1)SLJ56(SC); 1996(2)LC723(SC)
..... court was not justified in calling for the records of the public service commission and going through the notings made by various officers of the commission as well as the correspondence that passed between the commission and the government. the high court over looked the fact that the government sought the assistance of the commission and not that of the high ..... of the respondent to call for records of proceedings and the acrs of the respondent as also of the officers who have been selected and empanelled and to make a comparative evaluation of merits. the tribunal, however, perused the selection file and the acrs of the respondent with a view to see whether the respondent has been duly considered for empanelment ..... that it if were the tribunal which took the decision it would not have been the same. even if on a perusal the file relating to the selection on a comparative assessment of the merits of the applicant viz-a-viz respondents 3-11, the tribunal comes to a conclusion that the applicant was more meritorious than them, the tribunal cannot ..... competent authority makes a selection for appointment or empanelment considering all those who are eligible in accordance with rules, instructions or guidelines then the tribunal or high court will not act as an appellate body and interfere on the ground of insufficiency of the material or in correctness of the decision applying its own yard stick. if the decision making process .....Tag this Judgment!
Court : Delhi
Reported in : 2009(41)PTC1(Del)
..... compensated in damages recoverable in the action if the uncertainty were resolved in his favour at the trial. the need for such protection has, however, to be weighed against the corresponding need of the defendant to be protected against injury resulting from his having been prevented from exercising his own legal rights for which he could not be adequately compensated. the ..... the party from the species of injury. in other words, irreparable injury or damage would ensue before the legal right would be established at trial; and(3) that the comparative hardship or mischief or inconvenience which is likely to occur from withholding the injunction will be greater than that would be likely to arise from granting it.the supreme court ..... royalty. 38. the grant or non grant of injunction has to be measured within the parameters of three tests laid down by this court. however, the court must weigh the comparative hardship of one party as against the another and has to decide whether the injunctory relief is warranted or whether interim directions would suffice. injunctions should not result in extreme ..... continuous infringement of the plaintiff's repertoire by extensive use in many programmes, the chart of which has already been placed on record. the said user of the copyright by the defendants clearly amounts to infringement under copyright act, 1957. the learned counsel states that section 51 of the copyright act, 1957 is a deeming provision and in case the defendants infringes the copyright .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2010(2)SCALE45
..... , and extend such higher scale to those categories of posts. the pay commission has two functions; to revise the existing pay scale, by recommending revised pay scales corresponding to the pre-revised pay scales and, secondly, make recommendations for upgrading or downgrading posts resulting in higher pay scales or lower pay scales, depending upon the nature ..... such posts and determination of parity in duties and responsibilities are complex executive functions, to be carried out by expert bodies. granting parity in pay scale depends upon comparative job evaluation and equation of posts. the principle 'equal pay for equal work' is not a fundamental right but a constitutional goal. it is dependent on various ..... welfare centres under the labour directorate, west bengal (pleased under the west bengal); (vi) inspector, statistical assistant, investigator scrutiny assistant, computer and computing investigation in the statistical section of the labour directorate west bengal; and (vii) agricultural minimum wages inspector.11. in the pending appeal, the respondents amended their writ petition on 8.12.1995 contending that ..... make the recommendation after considering the duties and responsibilities attached to different categories of posts. therefore, we are of the view that the state government was justified in acting on the recommendation of the third pay commission and rejecting the recommendation by the pay review committee.re : question (3)19. the fourth pay commission has recommended .....Tag this Judgment!
Court : Chennai
Reported in : AIR1990Mad46
..... the plea of undue influence does not arise whenever there is some relationship between the parties. in this connection, he placed before the court the following propositions and the correspondent authorities:--'to hold a contract as vitiated by undue influence two conditions must be satisfied. firstly the relationship subsisting between the parties must be such that one party is ..... cannot pray the court to extend to him the benefit arising out of undue influence. he placed before the court in support of his contention the following propositions with corresponding decisions:'though pleas of undue influence and coercion may overlap in part in some eases they are separable categories in law and must be separately pleaded. in cases of ..... the will of the other.'(subhas chandrav. ganga prosad, : 1scr331 ).22. lastly, the learned counsel for the first defendant contended that undue influence, as contemplated under section 16 of the contract act, would not apply when the relationship is that of husband and wife and placed reliance on the following decisions:(1) howes v. bishop 1909 (2) kb 390;(2 ..... the court can set aside the contract or recover the gift.(shivgangawa v. basangouda, : air1938bom304 .where a wife is clearly under the influenceof her husband owing to her youth, comparative illiteracy 'and lack of intelligence andexecutes a document for the benefit of herhusband' there 'is a presumption that underthese circumstances such document is nulland void.' (tungabai pui;ushottam v. .....Tag this Judgment!
Court : House of Lords
..... property but which stated that it was written "without prejudice to liability". this letter, taken together with previous correspondence, was held to amount to a relevant acknowledgment within the meaning of section 10(1) of the prescription and limitation (scotland) act 1973 of the subsistence of an obligation to make reparation which would otherwise have been extinguished by the five year ..... liability.' the rule applies to exclude all negotiations genuinely aimed at settlement whether oral or in writing from being given in evidence. a competent solicitor will always head any negotiating correspondence 'without prejudice' to make clear beyond doubt that in the event of the negotiations being unsuccessful they are not to be referred to at the subsequent trial. however, ..... to the scottish judges, including my noble and learned friend lord hope, it goes too far. there is nothing in the modern english authorities to encourage a dissection of correspondence or, still worse, conversations, to ascertain whether admissions of fact were made hypothetically or without qualification. it has frequently been said that the purpose of the rule is to ..... not been overruled or disapproved, so the proposition to which the authors refer must be read subject to the qualification that is set out in that case. this brief comparative exercise shows that, while there may be room for some difference of view as to the application of that qualification in particular cases, the general approach which is taken .....Tag this Judgment!
Court : Mumbai
Reported in : (2002)IVLLJ937Bom; 2002(2)MhLj150
..... if the existing basic pay does not correspond with any step in the grade, he will be stepped up to the nearest next step. the employee shall be entitled to receive dearness allowance at the ..... as to why the basic salary of rs. 196/- is paid to respondent no. 1. the fitment ought to have been made at the rate which was comparative to rs. 367/- which he was getting as basic wage in pune.11. i, therefore, concur with the findings arrived at by the labour court. petition ..... reading both these provisions it is clear that an employee on transfer from one department to another or from one location to the other is entitled to a comparative grade in the place of his transfer, and his existing emoluments arc not to be reduced. this however, does not mean that on transfer to a ..... transfer of monthly-paid clerical and technicalworkmen which reads thus :'fitting in new grade-structure and d.a. -- a workman transferred will be fitted in the comparable grade in the following manner: a) if the existing basic pay is equal to a step in the appropriate grade he will be fitted in that steporb) ..... on transfer. as this was not acceded to by the petitioners, the 1st respondent filed an application under section 33-c(2) of the industrial disputes act claiming arrears of wages from 1st april 1980 to 31st march 1983 being an amount of rs. 25,099.99 and travel expenses incurred during the shifting amounting to rs. .....Tag this Judgment!
Court : Jharkhand
Reported in : [2008(1)JCR302(Jhr)]
..... upon the oral evidences of its witnesses besides certain documents which includes certain correspondence exchanged between the plaintiff and the defendant, papers relating to tender notice and tender awarded to m/s agarwal iron and steel industries and also comparative statement of tenders received in response to the third lender notice. the ..... of mutual agreement between the plaintiff and the defendant. the fact that the second tender floated by the plaintiff was only for 360 mt which corresponds to approximate quantity of left over materials under the first contract, in itself, does not sustain any definite link between the first contract and ..... of the contract, which was done even before the expiry of the period stipulated therein, the second contract was floated for 360 mt which corresponds almost to the left over quantity of scrap materials under the first contract. after the first contract was terminated on account of willful breach on ..... argues further that the trial court has misconstrued the law in the context and has failed to consider that under the provisions of section 73 of the contract act, the measure of damages would be the price prevailing on the date of breach of contract, is the price on which the ..... m/s agurwal iron and steel industries for much lesser amount, although the defendant had agreed in its meeting with the plaintiff in december 1983 to execute the contract at higher rate than what was offered by m/s agarwal iron and steel industries.on issue no. 1 regarding .....Tag this Judgment!
Court : Chennai
Reported in : LC2010(1)37
..... yashod vardhan, learned senior counsel for the respondent that the applicant's attempt is only to coerce the respondents on the basis of certain unsubstantiated correspondence sent through e-mails to extract certain privileges and amounts and that he had set up the so-called invention which is otherwise available in public ..... not worth using such ideas. when the applicant started sending mails stating that the respondent had cheated him, the respondent closed the loop on his correspondence. it was also stated that the application to secure patent was submitted only in september, 2007 just prior to the institution of the suit. ..... discretion to find the amount of substantial mischief or injury which is likely to be caused to the parties, if the injunction is refused and compare it with that which is likely to be caused to the other side if the injunction is granted. if on weighing competing possibilities or ..... of injury. in other words, irreparable injury or damage would ensue before the legal right would be established at trial; and (3) that the comparative hardship or mischief or inconvenience which is likely to occur from withholding the injunction will be greater than that would be likely to arise from granting ..... idea of the applicant is neither new nor involved any inventive step within the meaning of section 2 of the patent act, 1970. it is also not an invention in terms of section 3 of the patent act.13. it was further claimed that the idea or discovery even assuming that it was the .....Tag this Judgment!
Court : Patna
..... considered in that background. it cannot be urged simplicitor that merely because a comparative statute provides for consequences of noncompliance, absence of such a provision in the corresponding statute shall render the latter directory. the mere absence of a provision like section 86 in relation to section 82 of the representation of peoples act, 1951, would not be sufficient to defeat the legislative intent under ..... section 137(2) of the bihar panchayat raj act and rule 106(2) framed thereunder, to hold the ..... election of a successful candidate is sought to be set aside for no fault of his but of someone else. that is why the scheme of section 100 of the act, especially clause (d) of sub-section (1) thereof clearly prescribes that in spite of the availability of grounds contemplated by sub-clauses (i) to (iv) of clause (d), the election of ..... to the absence of proper verification of the pleadings of the election petition and of interpolations with regard to the petitioner and plaintiff/respondent no. 6 in the final chart prepared of votes secured by each contesting candidate in the individual 7 panchayats of the municipal constituency so as to arrive at a variance in the figures to the detriment .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : (2006)143PLR182
..... in medicine) from the bhabha atomic research centre (barc) held by him is more relevant than doctorate in nuclear physics. it is submitted that in all corresponding posts elsewhere, a diploma in radiological physics is insisted upon and that, even in the state of andhra pradesh, all other physicists working in the line ..... a doctorate in nuclear physics has been prescribed. there is nothing prima facie preposterous about this requirements. it is not for us to assess the comparative merits of such a doctorate and the barc diploma held by the petitioner and decide or direct what should be the qualifications to be prescribed for ..... the relevant material before it. in sitting in appeal over the selection so made and in setting it aside on the ground of the so called comparative merits of the candidates as assessed by the court, the high court went wrong and exceeded its jurisdiction.likewise in j. ranga swamy's case ..... relevant factors, the court should be very slow to interfere with such recommendations (see: university of mysore v. c.d. gonida rao). in a more comparable situation in state of bihar v. dr. asis kumar mukherjee. this court observed as under: (s.c.c. p. 611, para 21)shri jagdish ..... by public service commission, aided by experts in the field, within the framework of regulations framed by the medical council of india under section 33 of the indian medical council act, 1956, and approved by the government of india on june 5, 1971. when selection is made by the commission aided and .....Tag this Judgment!