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...above, we do not find any reasons to interfere with the order of the learned Single Judge. There are no infirmities in the said order. Both the appeals are therefore devoid of any merits are liable to be d...By the Court:— These two appeals arise out of common order passed by the learned Judge on September 29, 1994. This common order was given by the learned Single Judge in two writ petitions...service by order, dated April 6, 1982. The employee thereafter raised the dispute regarding dismissal, and the same was referred by the Central Government to the Central Government Industrial Tribunal...
....9. It is trite law that cancellation of bail can be done in cases where the order granting bail suffers from serious infirmities resulting in miscarriage of justice. If the court grant...of bail stands on one footing but cancellation of bail is a harsh order because it interferes with the liberty of the individual and hence it must not be lightly resorted to...law laid down by this Court on the scope of the power to be exercised in the matter of cancellation of bails, it is necessary to examine whether the order passed by the Sessions Court granting bail is...
...impugned order of the High Court which would warrant our interference. The appeal is devoid of merits and is, accordingly, dismissed....H.K Sema, J.— Leave granted.2. This appeal is preferred by the accused, nine in number, against the judgment and order dated 8-10-2002 passed by the...justice by the trial Judge. It is, in these circumstances that the High Court has, in our view, justly corrected the error committed by the two courts. In our view, therefore, the impugned order of the...
..., unjustified or unreasonable. We are, therefore, of the view that the High Court has interfered with the order of acquittal passed by the trial court not only for no substantial reasons but also by ignoring material ...the prosecution case. Hence, we allow the appeals and set aside the order of the High Court convicting and sentencing the accused in both the appeals....undergo rigorous imprisonment for five years. His sentence was directed to run concurrently. It is aggrieved by this order of conviction passed by the High Court that the four accused have preferred...
...rules and the punishment was awarded based on the gravity of charges proved. Per contra, learned counsel for the respondent supported the impugned order of the High Court by pointing out the infirmities in.... After taking note of all the infirmities and in the light of the various principles enunciated by this Court, the High Court has rightly interfered and quashed the orders dated 5-3-1986 passed by...P. Sathasivam, J.— This appeal is directed against the judgment and order dated 15-5-2006 of the High Court of Uttaranchal at Nainital in Writ Petition No. 606 of 2003 (SS...
...foundation for the cancellation as has been handed over to the petitioner. The order impugned thus is not only in violation of principles of natural justice rather the order of cancellation has been passed.... The petitioner is a licensee under the Public Distribution System (Control) Order (hereinafter referred to as ‘the Control Order’) bearing Licence No. 66/2007 and is aggrieved...by order contained in Memo No. 532 dated 25.09.2014 passed by the Licensing Authority-Cum-Sub-Divisional Officer, Mahua, District-Vaishali placed at Annexure-1, whereby the licence of the petitioner...
...of the impugned order reveals no such palpable infirmities or perversities. As such, no interference is warranted.
The appeal and the application for stay are liable to be...five weeks."
In an Intra-Court Mandamus Appeal, no interference is usually warranted unless the impugned order suffers from palpable infirmities or perversities. Even a bare perusal...dismissed and stand accordingly dismissed.
Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties...
...to support the false case. The High Court while setting aside the order of acquittal did not deal with these various infirmities.15. The alleged eyewitnesses are undoubtedly...to either of the appellants beyond a reasonable doubt. The trial court was, therefore, right in acquitting them and the High Court even after noticing the infirmities, in our opinion, fell in error in...convicting the appellants. The reasons given by the High Court, to set aside the order of acquittal do not commend to us. They are neither sufficient nor adequate or cogent much less compelling...
...was again dismissed from service. On perusal of the said dismissal order, the learned Single Judge found a number of infirmities in the order. The Court observed that the disciplinary authority without.... The respondent aggrieved by the order of dismissal preferred a writ petition under Article 226 of the Constitution before the High Court.4. The learned Single Judge came...judgment was dismissed by the appellate court with slight modification of the order affirming the decision of the learned Single Judge.6. The appellant Bank proceeded against...
...perversities are noticed upon a plain reading of the impugned order. No such palpable infirmities or perversities are noticed from a plain reading of the impugned order. As such, no interference is...is unable to proceed with the matter. CAN application will go out of the list.”4. In an Intra-Court Mandamus Appeal, no interference is usually warranted unless palpable infirmities or...consideration along with the application for stay.3. The instant appeal arises out of the following order dated 29 June, 2017, passed by the learned Single Judge in WP 1426 (W) of 2017...
...which depends upon oral testimony which may suffer from all the infirmities of human memory and human character, and (6) that in order to test the reliability of a dying declaration, the Court has to keep...proper manner, that is to say, in the form of questions and answers, and, as far as practicable in the words of the maker of the declaration, stands on a much higher footing than a dying declaration....Hence in order to pass the test of reliability, a dying declaration has to be subjected to a very close scrutiny, keeping in view the fact that the...
...learned trial court, after being satisfied that the order of acquittal passed by the learned trial court was perverse and suffered from infirmities, this Court declined to interfere with the order of...approach of the court which is considering the validity of the judgment of an appellate court which has reversed the order of acquittal passed by the trial court, should be to satisfy itself if the approach of the trial cou...court and without specifically observing that the reasons are perverse, this Court can still maintain the order of conviction passed by the High Court, if this Court is satisfied itself that the approach of the trial court ...
...appearing on behalf of the petitioner endeavoured to address the Court on the infirmities of the impugned order but this Court taking notice of the fact that the issue is pending consideration before the...ORAL ORDERHeard Mr. Ramesh Kumar Agrawal, learned counsel appearing on behalf of the petitioner and learned counsel for the State.The petitioner is a licensee...holder under the Public Distribution System (Control) Order.The license of the petitioner bearing No. 1 of 2003 has been cancelled by the licensing authority cum Sub-Divisional Officer...
...findings of the trial court are palpably wrong, manifestly erroneous or demonstrably unsustainable. If the appellate court answers the above question in the negative the order of acquittal is not to be disturbed. Conversely, if the ...approach of the court which is considering the validity of the judgment of an appellate court which has reversed the order of acquittal passed by the trial court, should be to satisfy itself if the approach of the trial cou...consideration of evidence on record and in deducing conclusions therefrom that the appellate court can interfere with the order of acquittal. There is a plethora of case-law on the subject but we consider it...
...Sessions Judge regarding its probative value in the instant case was proper or not.4. In view of the above infirmities in the impugned order we set aside the same and...Order1. Leave granted. Heard the learned counsel for the parties.2. The short and simple question that requires an answer...of MO is based on guess.”3. From the order of the Sessions Judge we find that Respondent 2 examined, amongst others, his father to prove his age but the...
...reversing the order of Deputy Commissioner of Appeals in the first instance. As can be seen from the impugned order of Tribunal, the Tribunal states that the Deputy Commissioner's order has many ...been fulfilled.
17. The principal question that requires to be addressed is as to whether the Tribunal was justified in reversing the order of Deputy Commissioner of Appeals in the first instance. As can b...enumerating anyone of them, let alone discuss the same. The Tribunal has failed to appreciate that the assessment order primarily proceeds on an analysis of the statement of the donor and the...
...material and clinching aspect in the peculiar circumstances of the case and if the High Court is satisfied that the order of acquittal passed by the learned trial court is perverse and suffers from infirmities, it...untenable. Confirming the order passed by the High Court convicting the accused on reversal of the acquittal passed by the learned trial court, after being satisfied that the order of acquittal passed by the learne...of the judgment of an appellate court which has reversed the order of acquittal passed by the trial court, should be to satisfy itself if the approach of the trial court in dealing with the evidence was patently illegal or ...
...all these infirmities in the order passed by the disciplinary authority and the appellate authority. The respondent's case that the enquiry was conducted without giving a fair and reasonable...Dr T.S Thakur, C.J— In this appeal by special leave the appellant calls in question the correctness of a judgment and order dated 28-10-2013 2013 SCC...OnLine All 14423 passed by the High Court of Judicature at Allahabad, Lucknow Bench, whereby Writ Petition No. 2867 of 2006 filed by the respondent has been allowed and an order dated 29-7...
...conclusions of the trial court drawn on the evidence on record are found to be unreasonable, perverse or unsustainable, the High Court should not interfere with the order of acquittal. The High Court has in the instant case...the testimony of eyewitnesses in setting aside the order of acquittal. The High Court has in our opinion disregarded the rule...K.N Singh, J.— This appeal is directed against the judgment of the Madhya Pradesh High Court dated 3-9-1986 setting aside the trial court's order acquitting the appellants...
...point falling for consideration is whether the Sessions Court ignored the relevant materials while granting bail to the appellant-accused and whether the order of the Sessions Court suffered from serious infirmities, justif...justice or evade the due course of justice. But, that is not all. The High Court or the Sessions Court can cancel the bail even in cases where the order granting bail suffers from serious infirmities...infirmities or perversity. While considering the correctness of the order granting bail, the approach should be whether the order granting bail to the accused is vitiated by any serious infirmity, in which...