Court : Uttaranchal
Decided on : Jan-04-2006
Reported in : AIR2006Utr64
..... -2004, 6 were domicile of the state of uttaranchal and the remaining 10 were from other states. all the 16 candidates have paid rs. 1,00,000/- per annum in addition to other university fees during the last two years. it is contended in the counter affidavit that, as per section 16 of the university act, the academic council shall be in charge of ..... account of the abolition of payment seats. it is also stated in the counter affidavit that from the academic session 2004-2005 the university is admitting, through its entrance examination, only the candidates who are domicile of uttaranchal state. candidates admitted through entrance examination conducted by v.c.i. on all india basis are charged fee at par with the fee charged from ..... in the programme.3. on 26-2-2004, the third respondent -- registrar of the university -- issued annexure 4 order rescheduling the fee structure for the session 2004-2005. according to annexure 4, the university decided not to charge any additional fee from candidates residing outside the state of uttaranchal. as per annexure 4 order dated 26-2-2004, the tuition fee per year for ..... prayer for directing the respondents to refund to the petitioner, the additional fee collected from the petitioner with admissible interest.5. the writ petition was admitted on 24-6-2005. on 25-7-2005, after hearing the learned counsel for the petitioner and the respondents, the following interim order was passed by this court:hence there will be an interim order directing .....Tag this Judgment!
Court : Allahabad
Decided on : Feb-01-2006
Reported in : 2006(4)AWC4176
..... proceedings with respect to any property, rights or liabilities subject to apportionment between the states of uttar pradesh and uttaranchal under this act, the state of uttar pradesh or uttaranchal, which succeeds to, or acquires a share in, that property or those rights or liabilities by virtue of any provision of this ..... section 47 of the code of civil procedure raised two objections. firstly, that after coming into force of u.p. re-organisation act, 2000, district chamoli having become part of newly created state of uttaranchal, it was the state of uttaranchal, which is liable to satisfy the decree and secondly that since the award was passed after the creation of the state of ..... the present case. the existing state of u.p. had not taken any decision with regard to this financial liability when the uttaranchal was carved out.13. attention was also drawn towards section 90 of the u.p. reorganisation act, 2000, according to which, 'where immediately before the appointed day, the existing state of uttar pradesh is a party to any legal ..... contract.7. therefore, the district judge, lucknow was competent to entertain the execution application. hon. supreme court also in shree subhlaxmi fabrics put. ltd. v. chand mai baradia and ors. 2005 (1) arb lr 623 (sc), has observed that if the contract contains a clause that dispute under contract shall be decided by a particular court and no other court then .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-28-2006
Reported in : AIR2006SC2840; 2007(2)ALLMR(SC)457; [2006(110)FLR1165]; [2006(4)JCR163(SC)]; JT2006(7)SC25; (2006)IIILLJ505SC; 2006(7)SCALE430; (2006)6SCC366
..... not constitute any stigma. mere acquittal of government employee does not automatically entitle the government servant to reinstatement. as stated earlier, it would be open to the appropriate competent authority to take a decision whether the enquiry into the conduct is required to be done before directing reinstatement or appropriate action ..... , j.1. leave granted.2. appellants call in question legality of the judgment rendered by a learned single judge of the uttaranchal high court. by the impugned judgment, the learned single judge set aside the order of termination passed by appellant no.2 and ..... it explicitly decides and no more. the words used by judges in their judgments are not to be read as if they are words in an act of parliament. in quinn v. leathem (1901) ac 495 (h.l.) earl of halsbury lc observed that every judgment must be read as applicable ..... acquitted by the criminal court but acquittal does not automatically give him the right to be re- instated into the service. it would still be open to the competent authority to take decision whether the delinquent government servant can be taken into service or disciplinary action should be taken under the central ..... was rejected on 30.6.1993. thereafter, the respondent raised an industrial dispute under section 4-k of the u.p. industrial disputes act, 1947 (in short the 'act'). the industrial dispute decided by the award was referred in the following terms:-whether the termination of the services of applicant/workman sri mansaram .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-31-2006
Reported in : AIR2006SC975; [2006(108)FLR1101]; JT2006(2)SC99; (2006)ILLJ1074SC; (2006)142PLR838; 2006(2)SCALE90; (2006)2SCC269; 2006(2)SLJ350(SC)
..... the appeal preferred by the appellant, herein against the order of suspension dated 20th may, 1996. being aggrieved by and dissatisfied therewith the respondent filed a writ petition before the uttaranchal high court which by reason of the impugned judgment and order has been allowed.5. mr. ashok desai, learned senior counsel appearing on behalf of the appellant raised the following ..... given case although may not entertain a writ petition inter alia on the ground of availability of an alternative remedy, but the said rule cannot be said to be of universal application. despite existence of an alternative remedy, a writ court may exercise its discretionary jurisdiction of judicial review inter alia in cases where the court or the tribunal lacks inherent ..... , this court, inter alia, following mahindra and mahindra (supra) held:it is well-established principle in law that in a given circumstance it is open to the industrial tribunal acting under section 11-a of the industrial disputes act, 1947 has the jurisdiction to interfere with the punishment awarded in the domestic inquiry for good and valid reasons. if the tribunal decides to ..... concerned, suffice it to say that verbal abuse has been held to be sufficient for inflicting a punishment of dismissal. 21. mahindra and mahindra ltd. v. n.n. narawade etc. : (2005)illj1129sc is a case wherein the misconduct against the delinquent was 'verbal abuse'. this court held:it is no doubt true that after introduction of section 11-a in the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-27-2006
Reported in : AIR2007SC363; 2007CriLJ874; [2007(2)JCR247(SC)]; RLW2007(3)SC2143; 2006(12)SCALE456; 2006(3)ShimLC405; (2007)1Crimes207(SC); 2006AIRSCW6230;
..... of his plea.12. the number of injuries is not always a safe criterion for determining who the aggressor was. it cannot be stated as a universal rule that whenever the injuries are on the body of the accused persons, a presumption must necessarily be raised that the accused persons had caused injuries in ..... inapplicable.the above position was highlighted in babulal bhagwan khandare and anr. v. state of maharashtra : (2005)10scc404 .11. considering the background facts in the backdrop of legal principles as set out above, the inevitable conclusion is that 4th exception to section 300 ipc ..... had taken undue advantage. in the instant case blows on vital parts of unarmed persons were given with brutality. the abdomens of two deceased persons were ripped open and internal organs come out. in view of the aforesaid factual position, exception 4 to section 300 i.p.c. has been rightly held to be ..... arijit pasayat, j.1. leave granted.2. challenge in this appeal is to the judgment rendered by a division bench of the uttaranchal high court dismissing the appeal filed by the appellant while allowing the appeals filed by two others i.e. parents of the appellant. ..... the surrounding circumstances. it is not necessary for the accused to plead in so many words that he acted in self-defence. if the circumstances show that the right of private defence was legitimately exercised, it is open to the court to consider such a plea. in a given case the court can consider it .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-28-2006
Reported in : AIR2006SC3220; [2006(111)FLR393]; (2006)IIILLJ969SC; 2006(9)SCALE642; (2006)10SCC211; 2007(2)SLJ239(SC); 2007(2)LC1324(SC)
..... therefore, the appropriate forum wherein such question of back wages could be decided is only in a proceeding to whom a reference under section 10 of the act is made. to state that merely upon reinstatement, a workman would be entitled, under the terms of award, to all his arrears of pay and ..... just and fair on the other hand is vital. the former falls within jurisdiction of labour court exercising powers under section 33c(2) of the act while the latter does not. it cannot be spelt out from the award in the present case that such a right or benefit has accrued to ..... wages or with continuity of employment. such questions can be appropriately examined only in a reference. when a reference is made under section 10 of the act, all incidental questions arising thereto can be determined by the tribunal and in this particular case, a specific question has been referred to the tribunal ..... -corporation and, therefore, dues are payable.4. learned counsel for the appellant submitted that the scope and ambit of section 33c(2) of the act has been lost sight of by the labour court and the high court was clearly in error in dismissing the writ petition and in upholding the ..... are as follows:a claim petition was filed by the respondent no. 2 purported to be under section 33c(2) of the industrial disputes act, 1947 (in short the 'act') for payment of arrears relating to difference of salary, leave encashment, arrears of dearness allowance arising out of implementation of the recommendations of the .....Tag this Judgment!
Court : Delhi
Decided on : Oct-19-2006
Reported in : 141(2007)DLT111
..... & mr. justice sistani shall die prematurely- so shall it happen soon ! bismillah!cm 9695/2006 in wp(c) no. 9244/20063. that several universal legal maxims/principles/premises-which are followed by all the civilised nations, have been given a go-by in several legal cases (including the instant case). and ..... kumar & mr. justice sistani shall die prematurely- so shall it happen soon !bismillah!cm 9695/2006 in wp(c) no. 9244/20063. that several universal legal maxims/principles/premises-which are followed by all the civilised nations, have been given a go-by in several legal cases (including the instant case). ..... that blatant & motivated abuse of their powers by certain public officials has occasioned miscarriage of justice against the ex-servicemen/servicemen, and their said acts are an open instigation to the ex-servicemen/servicemen to abuse their powers, too- in any case, this is a reason enough for lowering the morale of ..... , 2006 at the request of the petitioner to 12th september, 2006.14. mr. bajwa also filed another application in wp(c) no. 2705/2005 in which besides making wild allegations against various judges of the supreme court and high court he also made incorrect factual statement in para 4 that ..... the case is reserved for judgment. it is directed that even if he is in custody at uttaranchal, he shall be produced in this court on 19th october, 2006 for pronouncement of orders.30. the contemptuous acts and behavior of mr. gulshan bajwa @ flight lt. g.s. bajwa is not a recent .....Tag this Judgment!
Court : Chennai
Decided on : Oct-10-2006
Reported in : (2007)ILLJ140Mad
..... is not an impediment in recovering the dues of the provident fund. similar is the view taken by another learned single judge of the same high court in universal paper mills ltd. v. regional provident fund commissioner  106 comp cas 518 :  2 llj 1193. in industrial development corporation of orissa ..... 548 held that the impugned notice and recovery certificate under section 33(c) of the industrial disputes act cannot be regarded as governed by section 22(1) of the sica. a similar is the view of the uttaranchal high court in uptron india ltd. v. presiding officer, labour court  2 llj ..... sick industrial company and the operating agency. the draft scheme shall be published in brief in daily newspapers, inviting suggestions and objections. it is open to the board to make modification as it considers necessary in the light of the suggestions and objections received. it is thereafter the scheme is ..... sica. the appellant has filed form a before the bifr on december 15, 2004, and the reference is registered as case no. 35 of 2005. the scheme for revival is not yet framed. in the meantime, the assistant provident fund commissioner determined the provident fund contribution by the appellant under ..... provident funds scheme to the tune of rs. 10,96,676 during the period from september 2000, to december 2000. therefore, notice dated november 10, 2005, has been issued by the regional provident fund commissioner (c & r) madurai calling upon the appellant to remit the amount of rs. 10,96, .....Tag this Judgment!
Court : Delhi
Decided on : Nov-14-2006
..... n. pathak v. secy. to the govt. (scc at p. 767) that slots cannot be kept reserved for direct recruits for retrospective appointments."27. in state of uttaranchal & anr. v. dinesh kumar sharma [(2007) 1 scc 683], this court has clearly held that the seniority is to be reckoned not from the date when the vacancy ..... v. union of india & ors. are dismissed. cwp no.62/2003 and cwp no.4458/2002 filed by the dps shall stand allowed accordingly. cwp no.18073/2005 shall also stand disposed of in terms of this judgment. as the dispute and controversy relating to inter se seniority between the dps and drs has remained unsettled and ..... order dated 14.11.2006 in c.w.p. no.4058/2002, cwp no.5396/2002 and subsequent judgment dated 15.01.2007 in cwp no.18073/2005 of the high court of delhi passed in afhq civil service officers association v. union of india & ors. are not sustainable and deserve to be set ..... , learned senior advocate appearing on behalf of the union of india, this court held that the quota rules has to be strictly enforced and it is not open to the authorities to meddle with it on the ground of administrative exigencies. further, in that case the scheme in force relating to the services for fixing ..... dhingra and smt. ammini rajan, filed w.p. nos. 4458/2002 and 62/2003 respectively, whereas afhq civil services officers filed c.w.p. no. 18073/2005 in the high court of delhi. the division bench of the high court allowed the writ petition nos. 4058/2002 and 5396/2002 by an order dated 14.11 .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-28-2006
Reported in : AIR2006SC3413; [2006(109)FLR648]; JT2006(4)SC118; (2006)IILLJ516SC; RLW2006(2)SC1606; 2006(3)SCALE583; (2006)4SCC132; 2006(3)SLJ145(SC)
..... be permitted to resile from their earlier stand.'21. placing reliance on a very recent decision of this court in the state of uttaranchal v. jagpal singh tyagi (2005) 8 scc 49, learned senior counsel submitted that, 'the employees did not, at any point of time, claim that the terms ..... no point of time, the employees raised any dispute as regards the fairness of the settlement. having obtained the benefit, it was not open to them to turn down without justifiable reasons to contend that the settlement was not fair and they should be given pay protection, counting of ..... post in the said organisation. there is also no pleading that the conditions contained in the undertaking are contrary to section 23 of the contract act or violative of article 14 of the constitution or inconsistent with the directive principles of state policy. the central inland waterways case (supra) and ..... in the new organizationiv) equal treatment in future with all employees(c) unconscionable contracts and undertakings are contrary to section 23 of the indian contract act, public policy, article 14 of the constitution and directive principles of state policies.(d) undertakings not accepted by the lower court (and even if ..... powers vitiates contracts, such contracts also violate article 14 of the constitution4. this court in the present case applied section 23 of the contract act and held the contract to be unconscionable and void.the principle deducible from the above discussions on this part of the case is in .....Tag this Judgment!