Court : Karnataka
Decided on : Nov-19-2015
..... or not and whether such knowledge can be construed as one being well within the knowledge of plaintiff so as to disentitle him from taking protection under section 17 of the act.15. as can be seen from the pleadings namely, written statement of defendants-1 and 2 vide annexure- c at paragraph 15 defendants have ..... acquire significance. a person who had knowledge of such document being in existence and being aware of the fact that same is in custody of the opposite party, fails to seek for its production or compel its production through the process of court and sleeps over his right, then in such an event, ..... that such amendment is required for effectively adjudicating the dispute in question or if it does not take away the vested or accrued right of the opposite party or such claim is not barred by limitation as on the date of raising such plea. it is in this background, application for amendment sought ..... 12 error committed by trial court in rejecting said application. hence, they pray for rejection of the writ petition.7. having heard learned advocates appearing for parties and on perusal of application i.a.no.26 annexure- l filed by plaintiffs seeking for amendment of plaint, this court is of the considered view that ..... the first time the defendant no.8 and 17 herein filed the alleged original documents i.e., the partition deed dated 1-1-1928 and sale deed dated 9- 12-1928 on 31-7-2014 and 5-8-2014 respectively before this hon ble court, it further arose when the hon ble high court .....Tag this Judgment!
Court : Mumbai
Decided on : Aug-21-2015
..... parts a to dplaintiffs movable properties, retained by the plaintiffsno claim11.cl. 11, sch. i, part c, item 17immovable properties at kanpur and mumbai on partition of huf (retained by mps)no claim 10. in paragraph 25 of the affidavit in rejoinder, the plaintiffs specifically say they make no claim for the properties ..... and mr. dwarkadas. 13. for his part, appearing for the 4th defendant, raymond ltd, mr. dwarkadas says that eo nomine a minor is a party to every alienation made on his behalf. if he wishes to repudiate the alienation, he is to do so within three years of attaining majority not ..... by a natural guardian, in contravention of sub-section (1) or sub-section (2), is voidable at the instance of the minor or any person claiming under him. (4) no court shall grant permission to the natural guardian to do any of the acts mentioned in sub-section (2) except in case of necessity or for ..... of the fact that an actual emigration followed with madhupati and anuradha singhania relocating to singapore with all four plaintiffs, then minors. nagindas maneklal and ors v mahomed yusuf mitchella, (xlvi (66) ind. law reports 312)a very old decision of 1919 of a division bench of this court, addressed the ..... parents actions. i see no reason to allow that to happen again. 18. i also find ms. sharma s reliance on kale and ors. v deputy director of consolidation and ors. (air 1976 sc 807)more than somewhat misplaced. this is not an authority for the proposition that all family arrangements .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Dec-14-2015
..... common cause of action. the plaintiff is the petitioner. she filed o.s.no.15 of 2008 on the file of the learned ii additional district judge, madanapalle, seeking partition of plaint schedule properties by metes and bounds into five equal shares and for allotment of one such share to her. after filing the written statement by the defendants, the ..... stage to decide about the evidentiary value of the will as the burden is always on the petitioner to establish the execution of the will with cogent and convincing evidence. under submitted circumstances, it appears that inspite due diligence the petitioner could not have submitted the document before the commencement of trial. therefore, the objections raised by the respondent no ..... . the defendants, after filing of the written statement admitting the claim of the plaintiff, filed a petition seeking permission to change their advocates on the ground that they were acting detrimental to their interest by filing written statement contrary to the instructions. the same was permitted. thereafter, they filed another petition seeking leave of the court to strike out ..... solely on the ground of delay and if the court finds that by allowing the application, the real controversy between the parties can be resolved, the application can be allowed by compensating the opposite party by costs. in ravajeetu builders and developers v. narayanaswamy and sons (2009) 10 scc 84) the supreme court cautioned the trial courts to see whether the proposed .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-02-2015
..... court. while the conviction of the respondents under sections 212 and 216 of i.p.c, section 14 of foreigners act, section 25(1-b) of arms act, section 5 of explosive substances act, section 12 of the passport act and section 6(1-a) of the wireless telegraph act were all confirmed by this court. that apart conviction under section 120-b i.p.c. read with section 302 i.p.c. against all the ..... , so that in the eye of the law the offender is as innocent as if he had never committed the offence if granted after conviction, it removes the penalties and disabilities and restores him to all his civil rights . the classic exposition of the law is to be found in ex parte philip grossman where chief justice taft explained: executive clemency ..... court would not approach matters where public interest is involved in a technical or a narrow manner. particularly, when this court has entertained this petition, issued notice to different parties, new parties have been impleaded and interim order has also been granted, it would not be appropriate for this court to dispose of the petition on that ground. in the circumstances, we ..... be free to seek redress from the appropriate government by making a representation in terms of section 432 crpc.61. it appears to us that an exercise of power by the appropriate government under sub-section (1) of section 432 cr.p.c. cannot be suo motu for the simple reason that this sub-section is only an enabling provision. the appropriate government is enabled to .....Tag this Judgment!
Court : Delhi
Decided on : Sep-21-2015
..... noted the submission of the learned counsel for respondent no.2 that the second inspection carried out on 22.5.2015 by respondent no.2 was confined to the aspect of withdrawal of recognition granted to the appellant under section 11 (2) of the imc act and had nothing to do with the issue of increase in intake of the capacity of the appellant ..... it had no bearing on the application for renewal of permission to admit additional 50 students. hence, the writ petition was dismissed. 6. we have heard learned counsel for the parties and have gone through the record. learned senior counsel appearing for the appellant relies upon the compliance verification assessment done by respondent no.2 on the re-inspection carried out ..... approval of the scheme to the central government. in case scheme it is found to be deficient, sub-section (3) (a) of section 10a of the act casts an obligation on the part of the dci to give a reasonable opportunity for making a written representation and also to rectify the deficiencies, if any, specified by the dci. second stage of adherence to the ..... proviso to sub-section (4) of section10a, in the event the central government is proposing to disapprove the scheme. (c) the expression "opportunity of being heard" occurring in this proviso would mean that the material that goes against the applicant and is to be taken into consideration, is to be supplied to the applicant within an opportunity to make representation. for this .....Tag this Judgment!
Court : Jharkhand
Decided on : Apr-28-2015
..... land and building or, as the case may be, a portion only of such building under clause (a) of sub-section (5), it shall be deemed that a notification under sub-section (1) of section 4 of the land acquisition act, 1894 (1 of 1894) or under the relevant provision of any other corresponding law for the time being in force, had been ..... authority; (2) as narrated herein above, there is a long drawn proceedings between the parties, namely, the holder of the land and the competent authority. therefore, whether the land, which has been declared excess vacant land under section 6 of the ulc act, 1976, is an urban land or an agricultural land continues to be in belligerent state, ..... their possession has no value in the eyes of law and, hence, the only left out party of the land in question is the holder of the land. what is saved by sections 3 and 4 of the ulc repeal act, 1999 in the facts of the present case, is the possession of the holder of the land ..... is never to be said with the illegal purchasers of the land (respondent nos. 4 to 10 in l.p.a. no. 515 of 2012), the only party left out with the possession of the land is the holder of the land, who is the appellant in both the letters patent appeals. (xvi) thus, neither ..... was preferred by one of the purchasers of the land, in question, namely, amarendra kumar sahay (respondent no.4 in this l.p.a.) for joining him as party respondent in w.p.(c) no. 3406 of 2008, because he had an interest in the land, in question. this i.a. no. 1179 of 2010 .....Tag this Judgment!
Court : Jharkhand
Decided on : Nov-19-2015
..... (27) are quoted hereinbelow:2.7) board means a state electricity board, constituted before the commencement of this act, under sub-section (1) of section 5 of the electricity (supply) act, 1948 (54 of 1948); 2(17) distribution licensee means a licensee authorised to operate and maintain a distribution system for supplying electricity to the consumers in his area of supply; ..... and robertson v. minister of pensions, belong to the first category where it could be held that public bodies or the state are as much bound as private individuals are to carry out obligations incurred by them because parties seeking to bind the authorities have altered their position to their disadvantage or have acted to their detriment on the strength of the representations made ..... that stay of an action initiated by the state and/or its agencies/instrumentalities for recovery of taxes, cess, fees, etc. seriously impedes execution of projects of public importance and disables them from discharging their constitutional and legal obligations towards the citizens. in cases relating to recovery of the dues of banks, financial institutions and secured creditors, stay granted by the .....Tag this Judgment!
Court : Chennai
Decided on : Jan-05-2015
..... .by its managing director ... appellant vs.1. tmt. sivakumari 2. minor sundarrajan 3. minor vimala 4. tmt. periya thayee ... respondents this civil miscellaneous appeal has been filed under section 30 of the workmen's compensation act 1923 against the judgment and decree dated 25.11.2002 made in w.c.no.284 of 2001 dated 29.7.2004 on the file of the ..... highly exorbitant and baseless. the respondent is not liable to pay any compensation.3. the authority below, has analysed the evidence on record and passed an award directing the opposite party to pay compensation after adopting the following formula: age :34. factor :199. 40 salary : rs.2,000/- compensation : rs.50/100 x 2000 x 199.40 = rs.1,99,400 ..... of the appellant is concerned the learned counsel for the respondents has garnered support from a judgment of the bombay high court, reported in 2009 acj947[hanil era textiles ltd., v. namdeo mukund deoghare]. wherein it is stated that the workman, a learner, is entitled to get compensation for the injuries sustained by him when he was directed by his employer ..... in the course of and out of employment. this proposition of law has been highlighted in a decision of madhaya pradesh high court in 1992 acj496[general manager, western railway v. chandrabai alias narayanibai and another]. in which the learned judge has followed a judgment of the supreme court to reach a conclusion. the operative portion of the judgment is as .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-01-2015
..... bench was of the view that the writ petitioners have the remedy not only in preferring the appeal but also approaching the concerned authority under section 178 of the kmc act in terms of the statutory provision. while affirming the order passed by the learned single judge their lordships made it clear that the ..... order dated march 10, 2015 and no date of hearing was also fixed as directed by the learned single judge. the petitioners made a further representation on may 18, 2015 enclosing therewith a copy of the writ petition and the corporation had allegedly proceeded to dispose of the petitioners application. the ..... judge of this court by an order dated march 10, 2015 had disposed of the said writ petition, inter alia, holding that the parties were bound by the direction given by the division bench in its judgment and order dated june 11, 2008. the learned single judge further directed the ..... accordance with law. the writ petition is disposed of without any order as to costs. let a copy of the order issued by the respondent no.5 be kept with the record. since this writ petition is disposed of without calling for an affidavit all allegations made therein are deemed to have been ..... liability of property tax with apportionment including interest and penalty had been calculated and the petitioner was liable to pay the same. the respondent no.5 in the reasoned order has held that the petitioner no.1 company claimed reliefs towards payment of property tax on the production of documents to .....Tag this Judgment!
Court : Delhi
Decided on : Jun-29-2015
..... there is no illegality in the impugned order.8. heard learned counsel for the parties.9. sections 22 and 19 of the partnership act provide as under: section 22. mode of doing act to bind firm.- in order to bind a firm, an act or instrument done or executed by a partner or other person on behalf of the ..... authority is given to the partner by all other partners, he cannot alone compromise a claim either in part or whole or withdraw the suit, (referchainraj ramchand v. v.s narayanaswamy, supra). 12. consequently, the impugned order is set aside. the learned trial court will proceed with the execution of the decree. petition is disposed ..... seeking disposal of the appeal does not refer to any consent by all partners of the appellant firm; there is no supporting document in that regard. (5) the only reference is found in ramesh kumar popli's affidavit; he states that he is a partner of the appellant and was conversant with the facts ..... 2011 the criminal complaint under section 138 ni act was decided against ravi kiran rai gandhi by the judicial magistrate 1st class at shimla and ravi kiran rai gandhi was found guilty. the appeal against the said judgment of the learned judicial magistrate is pending before the learned sessions judge, shimla.5. despite the fact that ..... * in the high court of delhi at new delhi + cm(m) 1271/2012 reserved on:5. h may, 2015 decided on:29. h june, 2015 % r.k.industrial corporation (chemical division) ..... petitioner through: mr. harpreet singh and mr. rajesh gupta, .....Tag this Judgment!