...instant case, we see that the High Court without coming to a definite conclusion that there is a prima facie case established to direct an inquiry has proceeded on the basis of “ifs” and “buts” and...other offence’ is wholly erroneous and cannot be sustained. Obviously, direction for investigation can be given only if an offence is, prima facie, found to have been committed or a person's involvement...is prima facie established, but a direction to CBI to investigate whether any person has committed an offence or not cannot be legally given. Such a direction would be contrary to the concept and...

...Kakkar (2003) 4 SCC 364.20. In the case at hand, the High Court's judgment is full of ifs and buts. There is no definite finding recorded that the punishment is suffering...accepted that there was practically no scope of interference with the quantum of punishment, yet on irrelevant considerations the High Court directed that punishment of removal, termination or dismissal...satisfied, namely, the order was contrary to law, or relevant factors were not considered, or irrelevant factors were considered; or the decision was one which no reasonable person could have taken. These...

...fixed accordingly. The respondents, however, took work from the appellant up to 24-4-2000 without any ifs and buts.5. The service-book of the appellant was opened in 1993...recorded as 13-1-1946. The appellant was allowed to continue thereafter. It appears, sometime in the year 2000, it was felt that in some cases the original service-books were either not available or...lost or there was tampering with the same. Since it is alleged that there were quite a number of such cases it was decided to constitute a Medical Board to determine the age of the workmen. This is how...

...invested with jurisdiction to re-appreciate the material on record, has failed to do so, but has drawn conclusion based upon ifs' and buts' which cannot but be held to be perverse. It must be noticed...ORDER:The public road transport corporation aggrieved by the award dated 16.06.2011 in I.D No. 232/2007 of the Industrial Tribunal, Bangalore, Annexure-A, has presented this...

...relief was given hedged with very many ifs and buts.In that view of the matter, we are satisfied that even if the appeal is dismissed it would not occasion any failure of justice.... The Officer In-charge of the case again contacted the Govt. Advocate Office on”Thus, no date has been mentioned as to when officer in-charge contacted the Government Advocate. Then, in...the appellant, or not, and considering the impugned judgment from that limited stand point also we find that the learned Single Judge has only directed to take a final decision on the question of...

...under art.226 is not to be exercised for passing an order with ifs and buts. Such an order will be a speculative order, an impermissible thing; for the power is to be exercised for passing an order...the statutory provisions fixing a period for the action, or an arbitrary, unreasonable or unfair action. No provision of law fixes time to decide the application, and it is not the allegation that the...petitioner's application was the only application, or that ignoring his application decision has been given in other subsequent applications. The petitioner has to wait his turn.For...

...before the due date of payment. Therefore, our client has no commitment or responsibility to pay your client any amount in relation to the abovementioned bill of exchange and your client can simply demand...and marked as Annexure A-10….It is quite apparent that had the bills really been part of a criminal enterprise, as alleged, no corporation big or small...shut’ case for either of the parties. There is much to be said on both sides. The entire scenario painted by both the sides is circumscribed by ‘ifs’ and ‘buts’. A mere reading of the 1992 PPM would not...

...of positing and transfer without any ifs and buts. The transfer order of the petitioner to Bhopal Circle has been necessitated after the promotion was granted to the petitioner. He cannot be...permitted now to resile from the undertaking, contained in Annexure-A.3. In addition to that, the Court is of the considered opinion that Annexure-3 has no relevance or application to the facts...applicable to the set of people or it is a mischievous application to overcome the order of posting necessitated out of promotion granted to the petitioner.5. Writ application has no merit. It is dismissed....

...Aggrieved by the order dated 13.01.2016 passed in Writ Petition No.11258 of 2008 by the learned Single Judge, wherein various directions were issued including grant of compensation or...alternate land and other directions, the respondent No.4 therein has filed this appeal. 2. Learned counsel for the appellant contends that the learned Single Judge has wrongly...that if the alternate suggestion by the learned Single Judge for grant of alternate land is accepted by the State, then there will be no grievance. 3. Heard the learned Additional...

...), Bangalore. SP 26/Bang/2012 2. Learned Chartered Accountant for the petitioner was expressing lot of apprehensions and ifs and buts for seeking stay of the operation of the...consequential order that would be passed by the AO consequent to 263 order. Per contra, the learned Departmental Representative pleaded that as on date there is no demand warranting any stay from the Tribunal.... 3. We have heard rival submissions and considered the facts and materials on record. There is no dispute about the fact that as on date, nothing is outstanding as the assessee has...

...the order of learned J.M.F.C. It is observed by this Court, while dealing with Criminal Revision Application No. 606 of 2003 that there is no illegality, irregularity or infirmity in the order nor the...life to one and all ? These questions are all ifs and buts. Courts of this country have efficiently dealt with such hypothetical situations. This and such other contingencies can be taken care of if the...1. The petitioner of Special Criminal Application No. 1229 of 2003 is the original accused of Criminal Case No. 3616 of 2000 tried and convicted by the learned J.M.F.C., 4th Court...

...the request of requiring the Tribunal to state a case and refer the suggested question of law to this court. We feel no hesitation, or entertain no misgiving on the score, and negative all the three...and has no impact on the validity of the order passed by it; or (4) if it is frivolous or patently unarguable. For the moment we want to highlight the difference in the language employed by the...law answers itself, or (2) that it is patently unarguable, there is no reason why the time of the Commissioner or of the court should be wasted in asking the Commissioner to refer to the High Court...

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...the highest executive in the State the lower in order of hierarchy only followed with ‘ifs’ and ‘buts’ ending finally with resolution of BDA which was more or less a formality. Between April 21 and...areas are reserved. There is no prohibition, as such, against transfer of open spaces reserved for public parks or playgrounds, whether or not for consideration, but the transfer is limited to public...action taken by the Authority shall, for all purposes be deemed to be and to have always been done or taken in accordance with law; and(ii) no suit or...

...by “ifs” and “buts”. A mere reading of the 1992 PPM would not be sufficient to conclude that the entire information has been given to the prospective investors. Similarly, merely because there may have...:(1) where the allegations made in the complaint or the statements of the witnesses recorded in support of the same taken at their face value make out absolutely no case against the...;(3) where the discretion exercised by the Magistrate in issuing process is capricious and arbitrary having been based either on no evidence or on materials which are...

...committed an offence as alleged or not. The court cannot merely proceed on the basis of ‘ifs’ and ‘buts’ and think it appropriate that inquiry should be made by the CBI...:-“Bias is the second limb of natural justice. Prima facie no one should be a judge in what is to be regarded as ‘sua causa’, whether or not he is named as a party. The decision-maker...should have no interest by way of gain or detriment in the outcome of a proceeding. Interest may take many forms. It may be direct, it may be indirect, it may arise from a personal relationship or from a...

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...pertinent to mention that in the charge-sheet filed, Mr J.R Gupta was not made accused as no material of any conspiracy or being a part of the decision is attributed to him. In this charge-sheet, CBI...committed by or on behalf of the company. In the entire body of the complaint there is no allegation that Appellant 2 had personally participated in the arbitration proceedings or was monitoring them in...there is no magic as such in a particular word, be it Director, manager or secretary. It all depends upon the respective roles assigned to the officers in a company. A company may have managers or...

...Opposite Party refuted the complaint on the ground that it is based on surmises of ifs and buts. Opposite Party contended that the nature of treatment taken from the Opposite Party was of the Hip...anything wrong or improper in the treatment of the Complainant by the Opposite Party. Hence, the reasons stated by the Forum below based on expert opinion are proper and sustainable. No ground is made out...Per Justice Mr.A.P. Bhangale, Honble President 1. The appeal is directed against the judgment and order dated 20.12,2013 in consumer Complaint no. 282 of 2006 passed by...

...claimants to produce the co-injured to face cross examination. It is not for this Court to go into hypothetical facts, the ‘ifs’ and ‘buts’ of the scene when there is at hand reliable evidence available on...by the Motor Accident Claims Tribunal, Jalandhar in its award dated February 17, 2017 and no infirmity or error is found therein and in the calculation table set out in the award granting sums of...no reason to cause a change only on the argument that the multiplier would depend on age and may reduce the compensation. The argument is without any substance and is noticed to reject.3...