...filing of any rejoinder affidavit so the same is hit by doctrine of non traverse.5. In that view of the matter, due to efflux of time the writ petition is dismissed being i...Pramath Patnaik, J.:— In the accompanied writ application, the petitioner has prayed for quashing of the order dated 23.09.2008 passed by the Deputy Commissioner, Deoghar in Miscellaneous...Case No. 1 of 2007 pertaining to cancellation of appointment of the petitioner as Chairman, Village Education Committee under the Jharkhand Education Project of Village Govindpur and further prayer...

...petitioner as per his entitlement. 4. It is made clear that if no affidavit-in-opposition is filed by the State, the Court shall invoke the doctrine of non traverse and pass appropriate...writ petition, the petitioner is claiming regular appointment by projecting that he is working in the office of CDPO Kalain ICDS project on honorary basis at a meager salary of Rs. 500/- per month.... Although, notice of motion was issued by the order dated 16.02.2018, the State respondents have not filed their affidavit-in-opposition in the matter. 3. In view of the Government policy...

...their affidavit-in-opposition within that time, the Court would be inclined to draw a presumption that the respondents have nothing to say and by invoking the doctrine of non-traverse, the Court may pass...for the petitioner submits that any delay on part of the respondents would be severely affecting or prejudicing the petitioner, because he has got a job offer and if the petitioner is unable to join..., there is every possibility that he would be deprived of joining in the new service. 3. It is seen that notice in this writ petition was issued on 10.08.2020 and considering the fact...

...doctrine of ‘non-traverse’ and the respondents be restrained from taking any steps from realising the amount mentioned in the impugned bill.6. Sri Sudhir Agrawal, learned Standing Counsel...filing of yet another representation, as suggested to by Sri Agrawal.8. On the materials as available on the record we have no option but to invoke the doctrine of ‘non-traverse’ as...Respondents despite expiry of about eight years by now, and non-passing of any order on the petitioner's representation (Annexure 2) it will not be desirable to direct the petitioner to take recourse to...

...coupled with a complete non-regard to the orders of the Court, cannot be allowed to stand. 6. Applying the doctrine of non-traverse and after hearing counsel appearing on behal... Neutral Citation No. - 2024:AHC:80812 Court No. - 1 Case :- WRIT - C No. - 13918 of 2016 Petitioner :- M/S...Gaursons India Ltd. Thru Auth. Representative Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Nikhil Agrawal,Sanjay Kumar Mishra...

...- Respondents and, no comprehensive affidavit as directed by 2the order of 11th December, 2017 (supra), is produced before this Court. Therefore, applying the doctrine of non-traverse, thi..., Ms. Sonal Sinha, was granted an opportunity to traverse the pleadings in both the CANs (supra) by way of a comprehensive affidavit. However, none appears today on behalf of the State...2016 stands, thus, disposed of. The petitioner shall communicate this order on the non-appearing State Counsel and, furnish proof of such communication on the next date...

...controverted then applying the doctrine of non traverse her claim should be accepted, that she had completed the long jump successfully. Reliance is placed on the case of Smt. Naseem Bano v. The St...of Uttar Pradesh, reported in 1994 Supp (1) SCC 280 : AIR 1993 SC 2529. The doctrine of non ...of constable in the Bihar Military Police pursuant to advertisement dated 21.1.2014, a prayer has been made in the writ petition 11 years thereafter that the petitioner should be appointed on the...

..., the averments made in the writ petition is accepted to be correct by applying the doctrine of non-traverse. It may be stated that although the learned standing counsel for the Health Department had...invoking of the doctrine of non-traverse, the Court is inclined to allow this writ petition by directing (i) the Head of the Department of Health and Family Welfare Department as well as .... A. Chaliha, learned standing counsel for the Finance Department, respondent no. 4. 2. It is seen from the order dated 18.11.2020 that this Court had observed that in the event of...

...denial of the averments made in the writ petition which, in legal parlance, we call doctrine of non-traverse and allowed the writ petition solely on that ground without deciding legal rights of th...should not have merely proceeded on the basis of doctrine of non-traverse. Even if no affidavit-in-opposition is on record, the Court is required to be satisfied that the writ petitioner is able to make...1. There is a delay of 133 days in preferring the appeal. The explanations offered for the delay in preferring the appeal are not satisfactory. There is no explanation for...

...Board and its Chairman, no response has been filed. Therefore, by invoking the doctrine of non-traverse, the averments made in the writ petition is accepted to be correct.4. Accordingly...filed under Article 226 of the Constitution of India, the petitioner has claimed that the contract work for improvement...of Acadesh Smriti Road was awarded to him vide formal work order No. BCMB.52(E)-2/13-14/738 dated 02.09.2013 which was completed within the 3(three) months time allotted and on 06.12.2013, the...

...petition by order dated 12.10.2018 and since then the respondents have not filed any affidavit-in-opposition despite time granted. Therefore, the Court is inclined to invoke the doctrine of non-traverse and...doctrine of non-traverse, this writ petition stands allowed. 6. The respondents specifically the Chief Engineer, Irrigation Department is directed to release the admitted.... 2. By this writ petition filed under Article 226 of the Constitution of India, the petitioner is claiming contractual dues of Rs. 57,91,047/-. In this writ petition it is submitted that...

...under Section 11 of the Act are, therefore, relied upon by applying the doctrine of non-traverse. As per the averment made in this application there exists an arbitration clause in the agreement... Neutral Citation No. - 2023:AHC:184788 Court No. - 46 Case :- ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 53 of 2023 Applicant :- Bharat Petroleum...Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of Arbitrator. Notices were issued to the opposite party and as per office report, dated 21.9.2023, service of notice is...

..., treated to be correct, following the doctrine of non- traverse. This writ petition, accordingly, is liable to succeed on the short question that financial approval to the appointment of petitioner... Court No. - 16 Case :- WRIT - A No. - 2869 of 2016 Petitioner :- Mohd. Zahid Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Subodh Pandey...with law. Apart from other grounds taken to challenge the order on merits, it is also stated in para 54 of the writ petition that before passing the order no notice or opportunity has been granted to...

...invoke the doctrine of non-traverse and draw adverse inference against the respondent No. 2 to the effect that the statements in the writ petition are admitted by the respondents. 6. The...non-production of records as indicated by order dated 13.02.2020 will also lead to drawing up of inference by this Court that the respondents have withheld the records as the contents thereof may be...she will produce it on the next date. 4. This Court by order dated 15.06.2020 directed the respondent No. 2 to file a short affidavit as to what is the present stage of the NRC...

...Scale 11 as claimed by the writ petitioners therein vide judgment dated 25-11-1987. Be it noted that the said writ petition was disposed of on the doctrine of non-traverse since the State Government was...B. Sudershan Reddy, J.— This appeal by special leave is directed against the final judgment and order dated 19-12-2007 passed by the Division Bench of the High Court of...Calcutta in WPST No. 33 of 2007 whereby and whereunder the High Court dismissed the writ petition preferred by the State of West Bengal, the appellant herein and confirmed the judgment and order dated 18-8...

...affidavit. Thus, the averments made in the counter affidavit stands admitted, following doctrine of non-traverse.6. This application has no merit and is, accordingly, dismissed....Chakradhari Sharan Singh, J.:— No one appears on behalf of the petitioner. Learned counsel representing the State of Bihar and Bihar State Election Commission are present.2...the Tabulation Register of Faquania examination, in respect of the petitioner, has been held to be without jurisdiction and accordingly the correction, so made, has been cancelled. The petitioner has...

...with the doctrine of non-traverse and decide the writ application on the basis of the pleading, but having regard to the fact that matter pertains to payment of salary from public exchequer, this... IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10020 of 2016... .... .... Petitioner/s Versus 1. The State of Bihar 2. The Principal Secretary, Education Department, Bihar, Patna 3. The...

...as correct, relying upon the doctrine of non-traverse. Since existence of arbitration clause in the partnership deed as also the request for appointment of arbitrator is shown to exist and no... Neutral Citation No. - 2023:AHC:163770 Court No. - 46 Case :- ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 130 of 2022...and learned counsel for the opposite party. Applicant had entered into a partnership agreement with opposite party no. 2 for running of retail outlet dealership. The partnership...

...present application are liable to be accepted by relying on the doctrine of non traverse. As the existence of arbitration clause is undisputed and the parties have failed to appoint an arbitrator, as such... Neutral Citation No. - 2023:AHC:184492 Court No. - 46 Case :- ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 50 of 2023... Hon'ble Ashwani Kumar Mishra,J. This petition has been filed by the applicant to appoint an arbitrator under Section 11(4) of the Arbitration and Conciliation Act, 1996...

...-opposition is not filed at least 2 days prior to the next date of listing, the State is put to notice that Court would invoke the doctrine of non-traverse and presume that the State has admitted the claim...teacher by order dated 30.06.1995 and thereafter, the petitioner was granted regular pay-scale w.e.f. 22.11.2001 by virtue of order dated 22.03.2002. By order dated 21.04.2007, he was transferred...from Pub-Rajagarh to Rajagarh LP School within Khoirabari Education Block and the service of petitioner was confirmed by order dated 09.08.2011. The petitioner claims that although he has received...