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...Government. The respondents cannot be permitted to blow hot and cold in the same breath inasmuch as in the petition filed by Mr Walia they justified the promotion of the appellant by stating that he was...to the cadre of Junior Engineer (Electrical). After finding that no reservation was permissible under the rules and instructions relating to reservation of Scheduled Castes/Tribes, the order was...rectified and the appellant was reverted to his original post. The petition was dismissed by the Tribunal vide the impugned order herein, hence this appeal.2. It is admitted that...
...appellant could not be permitted to blow hot and cold for, in order to say that the Section 6 declaration was not time-barred, the appellant had contended before the Full Bench in B.R Gupta case...) 3 SCC 88 has held that the said judgment has been rendered per incuriam. So far as the other contention that the Government cannot blow hot and cold, we are of the view that the reasoning given by...50,000 bighas in thirteen villages. The writ petition was allowed under the impugned judgment and the notifications were quashed.3. The brief facts of the case are as follows...
...to blow hot and cold simultaneously. Long participation and acquiescence in the proceeding preclude such a party from contending that the proceedings were without jurisdiction...contract all questions of disputes relating to the granting of specifications, designs, drawing and instructions hereinbefore mentioned and as to the quality of workmanship and materials used in the work or...arbitration of the Director/Unit Head, CMDA not connected with the particular work as may be appointed by the authority. The award of the arbitrator shall be final, conclusive and binding on all the...
...learned counsel appearing for the petitioners/plaintiffs.
4. The petitioners cannot "blow hot and cold", "fast and loose" or
"approbate and reprobate". Where...CPC for setting aside the ex- parte judgment and decree dated 24.03.2015 passed in the Civil Suit No.87/14 titled as Mustaqueen & Ors. Vs. Faiyaz @ Faizab & Anr...and decree dated 24.03.2015 subject to payment of Rs.10,000/- as cost.
3. During the course of his submissions, Mr. Jafri, learned counsel for the petitioners has admitted that...
...rights. When once the case of the petitioner, that he was co-tenure holder, has been belied, he cannot have recourse to the benefit of entry in the year 1359 Fasli. He cannot blow hot and cold together...petitioner at a great stretch and gone through the record. I find that there is no force in this petition and it deserves to be dismissed.
3. The main thrust of the petitioner's case in...the lower courts was that the land was in joint possession of his father and grandfather of the respondent No. 1. After perusing the entire evidence and circumstances on the record, both the courts...
...blow hot and cold. He has accepted the partition and has also sold the land of his share, which is evident from the fact that petitioner has mentioned new khasra numbers, which has been allotted to...be permitted to blow hot and cold. Petitioner appeared before Tehsildar, thereafter, order of partition was passed. Petitioner has also sold the land after partition. It cannot be said that partition...VISHAL DHAGAT ON THE 22ndOF JANUARY, 2025 WRIT PETITION No. 27230 of 2024
MOHD. NADEEM
Versus
GIRISH AND OTHERS...
...:26. These phrases are borrowed from the Scott's law. They would only mean that no party can be allowed to accept and reject the same thing, and thus one cannot blow hot ...) 153], made an observation that a party cannot be permitted to “blow hot and cold”, “fast and loose” or “approbate and reprobate”. Where one knowingly accepts the benefits of a contract or...., [(2013) 5 SCC 470:“I. Approbate and reprobate15. A party cannot be permitted to “blow hot-...
...are justified on record because the complainant / insured tried to blow hot and cold
before the surveyor and the insurance company in regard to the person who was driving the
vehicle at the relevant...-up in the
revision petition and the accompanying application for condonation of delay of 1199 days. The
application for condonation of delay has been made on wholly vague averments which cannot
by...any stretch amount to a ufficient-causewithin the meaning of the term and the delay being
so large that we decline the prayer for condoantion of delay. That apart, orders passed by the
fora below...
...blow hot and cold through the same pipe and, therefore, I find absolutely no reason to direct anything to the court below in respect of disposal of the case. On the contrary, I direct the petitioner.... Having considered the submission of learned advocate for the petitioner and after going through the materials on record, I find it is the petitioner who prayed for postponement of the cross...-examination of P.W.1 and that is why the matter is being delayed. On the other hand, the petitioner has prayed before this Court for expeditious disposal of this case. The petitioner cannot...
...inconsistent pleas by a party makes its conduct far from satisfactory. Further, the parties should not blow hot and cold by taking inconsistent stands and prolong proceedings unnecessarily.”...2015 SCC OnLine Guj 1017, and also the order dated 7-9-2015, in...OnLine Guj 1017.2. It is not considered necessary to set out and deal with the entirety of the facts and circumstances of the case, except to...
.... On due consideration, the application is allowed and the petitioner is permitted to withdraw the award amount.5. In view of the above, since the petitioner cannot be allowed to blow hot and ...Prashant Kumar Mishra, J.:— Heard.2. The petitioner has challenged the land acquisition proceedings and the award dated 08.10.2012 as well, passed by the Sub Divisional...is to say he cannot be allowed to enjoy the award amount and yet assail the validity of the acquisition proceedings, the writ petition has rendered infructuous.6...
...Smith v. Baker 1873 LR 8 CP 350 LR at p. 357:‘… at the same time blow hot and cold. He cannot say...Disputes Settlement and Appellate Tribunal whereby Petition No. 24 of 2001 filed under Section 14(a)(i) read with Section 14-A(1) of the Telecom Regulatory Authority of India Act, 1997 has been dismissed...operations in the last week of February 1999 and had sought permission of the respondents to do so. Permission was, however, denied on the ground that certain technical deficiencies remained to be removed and...
...’.”34. A party cannot be permitted to “blow hot and cold”, “fast and loose” or “approbate and reprobate”. Where one knowingly accepts the benefits of a con...Dr. B.S Chauhan, J.— The arbitration applications under Sections 11(5) and (9) of the Arbitration and Conciliation Act, 1996 (hereinafter called “the 1996 Act”) have been...are a partnership concern incorporated under the Partnership Act, 1932 and have filed two applications as the dispute raised herein relates to two consignments. However, for convenience, the facts and...
...cannot blow hot and cold and at any rate she cannot be permitted to come up with this belated plea at this stage after completion of all the formalities. Learned Counsel for the petitioners assailed...hot and cold and to take an inconsistent plea at a later stage.3. I do not therefore, find any error in the order of the lower Appellate Tribunal warranting interference of this Court...of the material on record came to the conclusion that the 3rd petitioner herself claimed at an earlier stage that she was the legally wedded wife of the declarant and she cannot be permitted to blow...
...blow hot and cold in the same breath. It was properly noticed by the Tribunal that, in the assessment upon the husband, in respect of this very income, the Income-tax Officer had said that it could not...reasonable belief that some income in her hands had escaped assessment? Even if the Income-tax Officer can blow hot and cold, it is certainly not open to the Tribunal to blow hot and ...referred by this Court was:“Whether on the facts and in the circumstances of the case, the Income-tax Officer had reason to believe that the profits or gains amounting to Rs. 24,500 chargeable...
...makes its conduct far from satisfactory. Further, the parties should not blow hot and cold by taking inconsistent stands and prolong proceedings unnecessarily. [Vide...hot and cold in the same breath is not worth approval.14. The appellants have raised the issue as to whether the Order dated 29-5-2008, keeping CAR 2007 in abeyance...Dr. B.S Chauhan, J.— Leave granted. This appeal has been preferred against the judgment and order dated 14-8-2008 passed by the High Court of Judicature at Bombay dismissing...
...or would have taken other steps, but he was deprived by the concession on behalf of the Bank. It has caused serious prejudice to the appellant and the Bank cannot be allowed to “blow hot and cold” by...C.K Thakker, J.— Leave granted.2. The present appeal is directed against the judgment and order passed by the Division Bench of the High Court of...Chhattisgarh on 4-5-2005 in Writ Petition No. 283 of 2001. By the said order, the High Court dismissed the writ petition filed by the appellant-petitioner and confirmed the order passed by the Madhya...
...merely upon assumption, presumption and conjectures. They tried to blow hot and cold in the same breath, stating on the one hand that the notice of dishonour had not been received by them and on t...of the respondent Firm purchased cement from it and issued cheque for Rs 9,13,353.84 on 26-5-1998 which was drawn on Karur Vysa Bank Ltd., Ernakulam Branch. When presented for collection, the cheque...-1998. The complainant on 13-6-1998, through its advocate, issued a statutory notice in terms of Section 138 of the Act intimating Respondents 1 and 2 regarding the dishonour of the cheque and calling...
..., the trial Court has held that it was not open for the defendant petitioner herein to blow hot and cold and assert again that suit was not maintainable. Since I do not find any merit in the revision petit...Karnataka Rent Act were applicable as the suit property was a commercial shop and plinth area was less than 14 Sq. Mtrs., hence, plaintiffs ought to have filed HRC petition against defendant...provisions of the Karnataka Rent Act were not applicable because plinth area of the premises was more than 14 Sq. Mtrs., HRC proceedings were withdrawn and pr...
...hot and cold and argue that for the purpose of its suit, it will rely upon the bill of lading (though unsigned) but for the purpose of arbitration, the requirement of the Arbitration Act is that the...lading states that the consignor/shipper is one M/s Premier Seafoods Exim Private Ltd. of Kerala, and that Caravel Shipping Services Private Ltd., who is the appellant before us, is the agent who..., conditions, clauses and exceptions on both sides of the bill of lading whether typed, printed or otherwise.”2. The respondent filed a suit being OS No. 9 of 2009...