CiteTEXT
...the present case where there has not been any assertion of fact by the petitioner in establishing that the establishment to which he had been appointed is “an industry”. In this view of the matter...department of the Government cannot be held to be an industry and rather it is a part of the sovereign function. To find out whether the respondent in the writ petition had made any assertion that with...regard to the duty which he was discharging and with regard to the activities of the organisation where he had been recruited, we find that there has not been an iota of assertion to that effect though...
...the income tax proceedings and satisfied ourselves that the assertion of fact made in the statement of the case is correct. It appears that on February 13, 1957 the Income Tax Officer had applied for...Ramaswami, J.— This appeal is brought, by special leave, from the judgment of the High Court of Andhra Pradesh dated April 14, 1964 in Referred Case No. 46 of 1962....2. The respondent, hereinafter called the “assessee” was a Hindu Undivided Family consisting of K. Ankineedu and his two sons. For Assessment Year 1949-50 corresponding to the previous...
...getting admission into the MBBS course. There is no denial of the aforesaid assertion of fact. But the stand of the State Government as well as Respondents 5 to 36 is that if the respondents are allowed...candidate can be appointed against a slot in the roster which is reserved for the Backward Class. The fact that considerable number of members of a Backward Class have been appointed/promoted against...G.B Pattanaik, J.— This writ petition under Article 32 of the Constitution of India raises the question whether a candidate belonging to the Scheduled Caste or any other...
...see at this stage is whether there is a plausible contention which requires further investigation and that the “dispute” is not a patently feeble legal argument or an assertion of fact unsupported by...a spurious, patently feeble legal argument or an assertion of fact unsupported by evidence.”23. The learned NCLAT rightly observed that a perusal of the “Tender...or an assertion of fact unsupported by evidence”.29. The HBL raised serious allegations against the appellant of breach of its contractual commitments. From the...
...assertion of fact by the petitioner in establishing that the establishment to which he had been appointed is ‘an industry’…”6. Coming to the facts of the instant matter it may be...in this regard by the Forest Department before the Labour Court it was not necessary for the workman to substantiate this fact by evidence that the Forest Department was an “industry.” Strict rules of...Labour Court observed that the petitioner had not produced any document to establish this fact. Conclusion arrived at by the Labour Court on appreciation of facts is that the services of the workman...
...is any other wrong assertion of fact made by the writ petitioner in the writ petition/representation. [RAJESH BINDAL ] JUDGE 31.05.2018 [ DEEPAK SIBAL ] shamsher JUDGE Whether speaking/reasoned : Yes / No Whether reportable...direction had been issued to decide the representation filed by the writ petitioner keeping in view the judgment of this Court in LPA No. 541 of 1994 titled as State of Punjab and others vs. Mahant...Jatinder Dass Chela Mahant Narotam Dass, Mahant, Mandir Dun, Patiala, has been impugned by filing the present intra-court appeal. The grievance of the appellant is that the counsel, who appeared for the...
...relocated and therefore their grievance does not survive.4. Thereafter, the petitioner has fled counter afdavit denying assertion of fact and claiming that they have not been relocated...the judgment of Hon'ble Apex Court in Maharashtra Ekta Hawkers Union v. Municipal Corporation of Greater Mumbai as also subsequent legislation the construed Street Vendors (Protection...of Livelihood and Regulation of Street Vending) Act, 2014.2. The Petitioner Association has on 20 September, 2019 produced the list of 18 persons as its members, which has been...
...of the plaint that Shankarlal had been, given in adoption to Sreelal. In neither of the two written statements filed on behalf of the defendants has this assertion of fact by the plaintiffs been...leave.
HELD: (i) The suit was not incompetent because S was not made a party thereto. The fact of adoption was stated in the plaint and had not been specifically denied by the...]
Oral evidence of the fact of adoption did not become inadmissible merely because the existence of a deed of adoption was admitted. A deed of adoption merely records
...
...days. Indeed, paragraph 10 consists only of legal submissions rather than any positive assertion of fact. On the contrary, paragraph 15 of the counter-affidavit amply establishes that the requisite...such assertion, namely, that the sanction was not duly communicated to the petitioner. The fact that the sanction was duly communicated to the petitioner is fully borne out by the order of the....3. We have examined paragraph 10 of the petition but do not find any assertion to the effect that factually the sanction of the Commissioner of Income-tax had not been obtained within 180...
...with wrong assertion of fact, a cost of Rs.10,000/- is imposed upon him.
6. The aforesaid cost of Rs.10,000/- shall be paid in the office of Registrar (Judicial), who shall ver...
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Habeas Corpus Petition No. 157/2024 Kamlendra Singh Rathore...S/o Shri Kan Singh Rathore, Aged About 37 Years, Resident Of Dantiwara House, Railway Crossing Paota C Road, Jodhpur District Jodhpur.
----Petitioner
Versus...
...principle of res judicata pre supposes two elements viz. first there must be an assertion of fact and law by one party and denial and dispute of such fact and law by the adversary which ultimately...January, 2015 by which his client's earlier writ petition was disposed of. He submitted, that order did not decide the challenge of his client regarding location of the plot offered by him. Such was.... Bandopadhyay relied on a full Bench judgment of this Court in the case of Secretary, W.B Council of H.S Education v. Soumyadeep Banerjee reported in...
...Commissioner has recorded that M/s Mathura Tea Estate had defaulted in payment of dues for the period from March 1989 to February 1998, which assertion of fact is not in dispute. It held that on a..., which further reinforces the fact that liability to pay dues is of the establishment recoverable through the employer;(g) liability under Section 14-B...the current managements. A perusal of the appeals section, namely, Section 7-I is illustrative of the fact that these exercises are distinct from each other as per the enumerations found in the first...
...plausible contention which requires further investigation and that the “dispute” is not a patently feeble legal argument or an assertion of fact unsupported by evidence. It is important to separate...at this stage examine the merits of the dispute except to the extent indicated above. So long as a dispute truly exists in fact and is not spurious, hypothetical or illusory, the adjudicating...1. In this appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016 (hereafter referred to as “IBC”), the grievance of the appellants is that the National Company...
...inquiry officer found the workman guilty of the charges alleged against him viz. About having obtained the appointment by a falsf assertion as to a material fact which was within his knowledge. The...application, is not established by the application. On this simple assertion of fact the approval application has been rejected.
(3) In view of the facts and circumstances noted and discussed...not adequately clear (which assumption i am making only for the purpose of testing the assertion of fact made in the impugned order) , this did not come in the way of the second respondent when he...
...authority is to see at this stage is whether there is a plausible contention which requires further investigation and that the dispute is not a patently feeble legal argument or an assertion of fact unsupported...investigation and that the dispute is not a patently feasible legal arguments or an assertion of fact unsupported by evidence. It is important to separate the grain from the chaff and to reject a spurious defence which is m...the operational creditor the existence of a dispute or the fact that a suit or arbitration proceeding relating to a dispute is pending between the parties. Therefore, all that the adjudicating...
...“dispute” is not a patently feeble legal argument or an assertion of fact unsupported by evidence. It is important to separate the grain from the chaff and to reject a spurious defence which is mere.... Within 10 days, by a letter dated 16-2-2017, KCPL disputed the invoice that was referred to in the said notice, stating that the said amount was, in fact, the subject-matter of an arbitration...fact that a Section 34 petition was pending was irrelevant for the reason that the claim stood admitted, and there was no stay of the award. For these reasons, therefore, Section 9 petition was...
...assertion. Annex.C
document reveals that the petitioner is not a Director of the company. The
complainant has not entered appearance before this Court to deny the
specific assertion of fact that the...complaint that is filed, there is
an assertion that the petitioner is a Director and that she is also in
charge of and manages the affairs of the first accused company.
2. The petitioner.... the first accused. She relies on a document produced as
Annex.C in support of her contention that she is not a Director of the first
accused company.
3. The assertion that the...
...the purpose of proving assertions of fact which they contain. Nobody disputes that proposition. In this case it is not a question of assertion of fact but dealing with the property in a c...which the finding of fact of the learned Subordinate Judge is mainly based, and the deed could have at any rate been used to show that the landlord was dealing with the land as if it were bakasht and...the learned Subordinate Judge was entitled to take the fact into consideration in weighing the evidence of the witnesses.6. My attention has been drawn to the case of...
...Senior Counsel representing the Respondents, refuted the assertion of fact on the part of Appellants as regards denial of access for inspection of all record sought to be inspected by the Appellan...Appeal (AT) No. 32 of 2021 In the matter of:
Ashish Lodha & Anr. ....Appellants Vs.
Indira IVF Hospital Pvt. Ltd. &Ors...short), Jaipur Bench, by virtue of impugned order dated 25th February, 2021 did not accede to the prayer of Appellants herein to issue notice in CA No.16/JPR/2021 on the ground that the main...
...appellant are not tenable and in any case these are not disputed claims. This assertion is based on the fact that these very claims of the respondent were subject-matter of arbitration and the award was...this stage is whether there is a plausible contention which requires further investigation and that the “dispute” is not a patently feeble legal argument or an assertion of fact unsupported by..., taking into consideration the fact that if appeal is allowed and Corporate Insolvency Resolution Process is initiated against the respondent — “Transmission Corporate of Andhra Pradesh Ltd.”, the...