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Judgment Search Results Home > Cases Phrase: comparative chart of corresponding sections of 1983 act Year: 2017 Page 1 of about 13 results (0.043 seconds)

Jul 28 2017 (HC)

Dr Kalipada Mohanta Vs. The State of Jharkhand Through Cbi

Court : Jharkhand

Decided on : Jul-28-2017

..... to be fake and forged and m/s jayant agencies is not an authorized dealer of lg company. he further mentioned in the note that as per the comparative chart, m/s jayant agencies was l-1 for lg acs and even though m/s. jayant agencies was not an authorized dealer of split a.cs of ..... . 7,38,000/- to the central university of jharkhand. the firm has thus caused total loss of rs. 7,92,420/- to central university of jharkhand and corresponding wrongful gain. so far as petitioner, shri shyam narayan, petitioner in a.b.a. no. 3421 of 2016 is concerned while functioning as registrar and chairman of ..... and criminal misconduct and pursuance thereof, by abusing his official position, caused a wrongful gain of rs. 7,38,414.00/- to the above mentioned private firm and corresponding wrongful loss to the central university of jharkhand, brambe, ranchi in the matter of procurement of 217 nos. of split air conditioners of lg company alongwith accessories, ..... e. 7 acs of 2 tons and 10 a.cs of 1.5 tons at higher rates of rs. 29,990 and rs. 24,9990/- respectively as compared to the rates of the authorized dealer m/s maruti sales. thus cuj was put to a wrongful loss of rs. 3490 per split a.c of 2 ..... the c.b.i petitioners are apprehending their arrest in connection with the case registered under sections 120b read with 420, 467, 468 & 471 of the indian penal code and section 13(2) r/w 13(1)9d) of the prevention of corruption act, 1988.. the case of the prosecution is that information has been received from a .....

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Aug 16 2017 (HC)

Narendra Pal Garg Vs. The State of Jharkhand Through Cbi

Court : Jharkhand

Decided on : Aug-16-2017

..... contractors in which cpwd was deliberately excluded. for empanelment of group a contractors, a comparative chart was prepared by the petitioner and the other co-accused persons in which cpwd was fraudulently excluded on the ground that it charges 27.5% of ..... rs.25 crores. it is, further, alleged that as a part of the conspiracy to award the building construction work to the favoured firms, a comparative chart was prepared by the petitioner and the co-accused persons of central university of jharkhand, ranchi for empanelment of group a, b, c & d ..... pursuance thereof, cheated the central university of jharkhand (cuj), ranchi, by causing to it a wrongful loss of rs.7,11,89,776/- approximately and corresponding wrongful gain to himself and co-accused persons, in the matter of award of construction works of different buildings for the permanent campus of cuj, located ..... at 7% and 5% above the l-1 rate which is a wrongful loss to the university and corresponding wrongful gain to the private parties which is calculated and tabulated in a tabular chart in the charge sheet. it is alleged that the petitioner also issued the order for payment. hence, ..... sheet has been submitted against the petitioner along with the co-accused persons punishable under section 120b read with 420, 468, 471 of the indian penal code and 13(2) read with 13(1)(d) of pc act, 1988. the learned counsel for the petitioner submits that the allegations against the petitioner .....

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Jul 27 2017 (HC)

Manoj Gupta Vs. The State of Jharkhand Through Cbi

Court : Jharkhand

Decided on : Jul-27-2017

..... a.n.tigga and kiran jain in the presence of the bidders. on 22.3.2012 a comparative chart in respect of the 8 bidders who participated in the nit was prepared by shri a.n.tigga. as per comparative chart out of the remaining three firms m/s pratiba & company was shown as l-1 as ..... been found and by abusing their official position, caused a wrongful gain of rs. 4,51,500.00 (approx) to the above mentioned private firms and corresponding wrongful loss to the central university of jharkhand, ranchi. it is further submitted that similarly situated co-accused ranjit kumar sinha @ ranjit sinha and abhay nindkan ..... as above, by abusing their official positions, caused a wrongful loss of rs.4,51,500.00 (approx) to the central university of jharkhand and corresponding wrongful gain to the above mentioned private firm, in the matter of procurement of 43 nos. of split air conditioners of lg company at exorbitant and fraudulently ..... obtained any pecuniary advantage thereby. it was the obligation of the prosecution to satisfy the aforesaid mandatory ingredients which could implicate the appellant under the provisions of section 13 (1) (d)(ii). the attempt of the prosecution was to bring the case within the fold of clause (ii) alleging that he misused his ..... the cases arising out of same case being r.c.no.03(a)/2015-r, registered under section 420/468/471 of the ipc read with section 13(2) r/w 13 (1) (d) of the p.c. act. the brief facts of the case is that one s.k.khare, superintendent of police/hob, .....

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Jul 27 2017 (HC)

Narendra Pal Garg Vs. The State of Jharkhand Through Cbi

Court : Jharkhand

Decided on : Jul-27-2017

..... a.n.tigga and kiran jain in the presence of the bidders. on 22.3.2012 a comparative chart in respect of the 8 bidders who participated in the nit was prepared by shri a.n.tigga. as per comparative chart out of the remaining three firms m/s pratiba & company was shown as l-1 as ..... been found and by abusing their official position, caused a wrongful gain of rs. 4,51,500.00 (approx) to the above mentioned private firms and corresponding wrongful loss to the central university of jharkhand, ranchi. it is further submitted that similarly situated co-accused ranjit kumar sinha @ ranjit sinha and abhay nindkan ..... as above, by abusing their official positions, caused a wrongful loss of rs.4,51,500.00 (approx) to the central university of jharkhand and corresponding wrongful gain to the above mentioned private firm, in the matter of procurement of 43 nos. of split air conditioners of lg company at exorbitant and fraudulently ..... obtained any pecuniary advantage thereby. it was the obligation of the prosecution to satisfy the aforesaid mandatory ingredients which could implicate the appellant under the provisions of section 13 (1) (d)(ii). the attempt of the prosecution was to bring the case within the fold of clause (ii) alleging that he misused his ..... the cases arising out of same case being r.c.no.03(a)/2015-r, registered under section 420/468/471 of the ipc read with section 13(2) r/w 13 (1) (d) of the p.c. act. the brief facts of the case is that one s.k.khare, superintendent of police/hob, .....

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Jan 03 2017 (HC)

b.l.s. International Services Ltd. Vs.ministry of External Affairs, Go ...

Court : Delhi

Decided on : Jan-03-2017

..... nos. 8, 9 and 10 of the proforma wherein the petitioner was marked 5, 2 and 1 respectively.9. for the sake of completeness, the relevant portion of the comparative chart showing the marks given to the petitioner and two others: one being the successful respondent, which has been provided in the counter affidavit submitted by respondent nos.1 &2, is ..... seville on 18.01.2016, which locations were later changed to madrid, barcelona and las palmas (08.02.2016), the petitioner participated in the bid and also entered into correspondence with the respondents in pre-bid enquiries.7. however, the technical bid of the petitioner was rejected for the reason that the petitioner could not obtain the minimum qualifying marks ..... something badly wrong with our judicial system.... i have described the third head as 'procedural impropriety' rather than failure to observe basic rules of natural justice or failure to act with procedural fairness towards the person who will be affected by the decision. this is because susceptibility to judicial review under this head covers also failure by an administrative ..... actuated by elements of moderation and measure which, ordinarily speaking, is much more preferable to limitlessness or interminableness in the judicial sphere.17. what would be an illegal or irrational act of the state or procedural impropriety, requiring judicial interference has been succinctly explained by lord diplock, in, council of civil services unions vs. minister for civil service: (1984) .....

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Jul 04 2017 (HC)

M/S Shipra Estate Ltd & Jai Krishan Estates Developers Pvt Ltd vs.m/s ...

Court : Delhi

Decided on : Jul-04-2017

..... shipra on leaving his employment. although, it is not disputed that the letter dated 27.03.2006 was not referred to in any of the correspondence or subsequent amendments carried out to the agreement - which undoubtedly raises a doubt as to the genuineness of the said letter - the onus to ..... award was wholly without jurisdiction. he contended that the letter dated 27.03.2006 was forged and fabricated and this was evident from the subsequent correspondence between the parties. he pointed out that the agreement was amended thrice: first on 11.07.2007; second on 06.09.2008; and for ..... determination. a mere award without determination/adjudication of the facts necessary to return findings would render the arbitral award susceptible to challenge under section 34 of the act.37. this court has also examined the impugned award and it is apparent that the arbitrator has not determined the real questions involved ..... shipra) to the respondent alleging that extra amounts had been paid to the respondent. in support of the said allegation, mr rastogi had attached comparative statement which indicated the quantities and rates for various items of work. he submitted that this clearly indicated that the lump sum rates as referred ..... to get the project completed from other contractors.6. on 28.05.2014, the respondent filed a petition (arb. p. 302/2014) under section 11 of the act in this court for appointment of an arbitrator. this court, by order dated 15.01.2015, appointed justice j m malik (retired) as .....

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Apr 21 2017 (HC)

Jai Dev vs.jai Devi & Anr.

Court : Delhi

Decided on : Apr-21-2017

..... to protection u/s 53a of the transfer of property act. (underlining added) the corroborative evidence on the record i.e. the correspondence 5. the first appellate court has adopted the above reasoning, and i do not find any illegality in these findings ..... specimen signatures provided. the defendant's handwriting expert sh. deepak jain specifically mentioned in his report at point four that an inter se comparison between the comparative signatures and the specimen signatures (ex. dw3/p1) revealed an attempt of disguise in the specimen signatures and the same were excluded for the purpose ..... 1, the deceased brother sukhdev was occupying the suit premises as a licensee of the plaintiff, but it is to be seen whether section 53a of transfer of property act is applicable or not in the present case and would late sh. sukhdev and subsequently his lrs i.e. defendants herein be entitled ..... the agreement to sell dated 20.1.1976 ex.dwand pursuant to the rights created therein in favour of sh. sukhdev singh under section 53a of the transfer of property act, 1882, the suit was liable to be dismissed. the trial court has referred to these aspects in paras 14 to 18 ..... c.m. stands disposed of. rsa no.118/2017 and c.m. appl. no.14898/2017 (for stay) 1. by this regular second appeal under section 100 of the code of civil procedure, 1908 (cpc) the appellant/plaintiff impugns the concurrent judgments of the courts below; of the trial court dated 31.1 .....

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Mar 06 2017 (HC)

Subhasis Kundu and Ors. Vs.uoi & Anr.

Court : Delhi

Decided on : Mar-06-2017

..... notified vacancies. the state has a discretionary power to decide as to how many vacancies are to be filled up and there is no corresponding duty vested in the state to fill up all the vacant posts. there is no mandatory provision to suggest that more than one list ..... extends no indefeasible right for appointment against a vacancy. this is subject to a caveat that the state has not acted in an arbitrary manner or resorted to cronyism ignoring the comparative merit of the eligible candidates whose names figure on the select list/ panel.28. accordingly, the present case ..... the promotion of sh. yadav was effected prior to the report of the committee which led to halting of all further promotions and as the comparative merit of the candidates has been taken into consideration, his appointment cannot be said to be an arbitrary action on the part of the respondents ..... be taken bona fide for appropriate reasons. and if the vacancies or any of them are filled up, the state is bound to respect the comparative merit of the candidates, as reflected at the recruitment test, and no discrimination can be permitted. this correct position has been consistently followed by ..... 1 scr899. 10. the main contention on behalf of the appellant has been, however, that the authorities in keeping the vacancies arising later unfilled, acted arbitrarily. mr goswami referred to several documents annexed to the special leave petition and affidavits filed on behalf of the parties and contended that although appointments .....

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May 31 2017 (HC)

M/S Pawan Hans Helicopters Ltd vs.m/s Maritime Energy Heli Air Service ...

Court : Delhi

Decided on : May-31-2017

..... start of operations were logically connected to the date of delivery as such operations were to start within 75 days of loi which period was sufficient for obtaining permissions. the correspondences on record do prove the delay in delivery and operations. the notice to levy liquidated damages also was given by the appellant vide letter dated 15.12.2010, further reiterated ..... next issue urged before us is as to what extent such liquidated damages be charged. the respondent s plea is the appellant had failed to quantify its damages by any comparative data viz, of the number of tourists lost; profit earned in subsequent years etc, hence liquidated damages can not be granted.19. in ongc v. saw pipes 2003 (5) ..... been ever argued that phhl incurred or suffered any significant loss much less of the magnitude claimed by it as liquidated damages. learned counsel further argued that even section 74 of the contract act and various decisions of the supreme court including maula bux v. uoi, air1970sc1955and fateh chand v. balkishan das, air1963sc1405state that reasonable compensation not exceed the amount agreed upon ..... interest at the rate of 9% per annum. in addition, maritime was also awarded proportionate costs on the amount awarded.8. the appellant being aggrieved came under section 34 of the arbitration and conciliation act, 1996 challenging the award dated 24.02.2016. the learned single judge agreed with the reasoning of the arbitrator and disallowed the appellant s position qua liquidated .....

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Apr 10 2017 (HC)

Dps World Foundation & Anr vs.delhi Public School Society

Court : Delhi

Decided on : Apr-10-2017

..... submission, reliance has been placed upon wander vs. antox 1990 (supp) scc727wherein it is held that the need for protection must be weighed against the corresponding need of the defendant to be protected against injury. reliance has also been placed upon nestle india vs. mood fao(os)(comm) no.21/2016 ..... the trade mark is registered and to obtain relief in respect of infringement of the trade mark in the manner provided by the act. section 29 of the trade marks act, 1999 further provides that a registered trade mark is infringed by a person who not being a registered proprietor or a person ..... private limited (2010) ilr3delhi 560, wherein this court held that the test of prima facie case has been replaced in trademark matters by the test of comparative strengths of the rival cases. (vi) it is also contended that the plaintiff has no registration of acronym 'dps' in class 41. therefore, to ..... to be decided in trial upon furnishing evidence. 18.5 the allegation of the plaintiff that the crest/logo of the defendant no.1 when compared to the plaintiff s trademark and logo clearly establishes that the same is identical to the plaintiff s crest/logo conceived and adopted during 1996 ..... that the mark/name of defendant no.1 'dps world foundation' or 'dps world school' would surely cause 'infringement' under the provisions of section 29 of the trademarks act, 1999 of the registered trademark 'dps' of the plaintiff. 18.2 the learned single judge also opined that from the documents placed on record .....

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