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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...Standing Order 26(1) and not merely a minor misdemeanour under the Standing Order 28(k).4. Ultimately the Tribunal upheld the finding of the disciplinary authority that the workman had...
....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...order of the Sessions Court by which they were released on bail.7. The factors to be considered while granting bail have been held by this Court to be the gravity of the...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...
...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...assessment came to be completed under Section 15(3) of the Gift Tax Act, 1958 vide order dated 17/3/1986.
4. On the same day i.e. 17/3/1986, the assessing officer...
...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...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...
...N.L Untwalia, J.— In pursuance to an order made by the District Magistrate of Malda under sub-section (1) read with sub-section (2) of Section 3 of the Maintenance of Internal...found out.2. When this case came up for hearing on a previous occasion it had to be adjourned by a Bench of this Court because of two apparent infirmities...:(1) Though the order of detention purported to have been made on June 5, 1972 the date put by the District Magistrate in the order appeared to be April 5, 1972...
...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...
...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...
...with the High Court that there was any legal evidence to support the conviction of all the appellants. So far as PW 25 is concerned, his evidence is full of serious infirmities. To begin with, he...S. Murtaza Fazal Ali, J.— This appeal by special leave is directed against a judgment of the Kerala High Court upholding the conviction and sentence passed on the appellants...accused was that they had entered into a conspiracy as members of naxalite party to raid the Police Station, Kuttiadi on the night/morning of December 17/18, 1969. In the course of the raid 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 ...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...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....
...law and whether the said order suffers from any other legal infirmities.21. The order of termination served on the appellants reads:“In...H.L Dattu, J.— Leave granted. The appellants have come before this Court, being aggrieved by the judgment and order passed by the High Court of Punjab and Haryana at...Guards Act, 1947 and the Rules framed thereunder. They were paid consolidated wages of Rs. 2700 per month, from the date of their appointment till their services were dispensed with. In the order of...
...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...instant appeal arises out of an order dated 19thJune, 2017, passed by the learned Single Judge in WP 15284 (W) of 2017 (M/s. Joy Guru
1...
Enterprise vs. The State of West Bengal & Ors.). The appellant before us is the writ petitioner.
The impugned order is reproduced in its entirety...
...on the merits of the matter since the High Court is seized of the case. It may well be that the order of the Board may be vitiated by infirmities, legal or other. It may also be that the reasoning ...1. Leave granted.2. An ad interim order of stay passed by the High Court of Delhi has been challenged before us in this appeal. We should have...hesitated to interfere with an interlocutory order following the usual practice in this Court. But, where repercussions are incalculable and the basis of the direction, though interlocutory, is obscure...
...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...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...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...
...Commission finds no legal infirmities in the order of FAA or CPIO. Thus, the Commission concurs therewith.The appeal is disposed of accordingly....to the appellant against issues as per his RTI Application. Being aggrieved with this order, appellant filed FA before AA who vide his order dated 30.04.2013 upheld the decision of CPIO. Hence, the...; especificaly, nature of issues raised by in his RTI application dated 22.02.2013, CPIO's response dated 26.03.2013, FAO's order dated 30.04.2013 and also other material made on record.The...
...time and it would not be appropriate, even if it is conceded that there were some infirmities in the order of the High Court, to start the process afresh.10. It would be...condition, an order of dismissal was passed on 7-12-1983. On the alleged date of incident, information was lodged with the police. The order was passed in respect of two employees — the present appellant...and one Mr V.K Talwar. It was pointed out in the order of dismissal that it would not be practicable to hold an enquiry before directing dismissal. The respondent employee, on the other hand, alleged...
...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...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...setting aside the impugned order, there cannot be any dispute with its observation that an entry in the school register as to the date of birth of a student is “admissible in evidence” but the High Court...
...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...
...the order of the Minister concerned from the aforesaid standpoint and we do not find the said order to be suffering from any of the aforesaid infirmities, requiring interference by the Court in...Order1. Delay condoned.2. Having heard Mr Dwivedi, learned Senior Counsel at length and on examining the impugned order of the High Court as well as the...order of the Minister concerned on the question of withdrawing from the acquisition already made, we have no hesitation in coming to the conclusion that the said order of the Minister does not suffer...
..., FAA's order dated 23.01.2013 and also the grounds of memorandum of the second appeal.The Commission is of the considered view there is no legal infirmities in the order ...CPIO's or FAA's, which may warrants its further interference by the Commission. Thus, the order of FAA and Views of CPIO are hereby upheld. In view of this, the appellant's appeal becomes redundant. Therefore, it i...letter dated 11/01/2013, 22/3/2013 and 10.04.2013 has provided the information to the appellant.3. The first appeal is not on record.4. Vide Order dated 23/01/2013; FAA...
...years, as claimed by him, and never worked as a lineman.16. The learned counsel for the appellant also submitted that even when these infirmities in the order of CGIT as...said order virtually echo the reasons which were recorded by CGIT in support of its award, as is clear from the following discussion in the judgment of the learned Single Judge...of the telephones was a normal feature and the Telephone Department used to receive numerous such complaints. Linemen were deputed to visit the places where the telephones had gone out of order to...