advocatemmmohan

advocatemmmohan http://advocatemmmohan.wordpress.com just another law knowledge bank Sat, 26 May 2012 12:56:46 +0000 en hourly 1 http://wordpress.com/ http://0.gravatar.com/blavatar/839ad91c4c55fa2102d2fa2965bed7c9?s=96&d=http%3A%2F%2Fs2.wp.com%2Fi%2Fbuttonw-com.png advocatemmmohan http://advocatemmmohan.wordpress.com No complaint should be filed after 2 years from the date of cause of action as it is barred by limitation= Section 24A of the Act reads as under: “24A – Limitation Period – (1) The District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen. (2) Notwithstanding anything contained in sub-section (1), a complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the District Forum, the State Commission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period: Provided that no such complaint shall be entertained unless the National Commission, the State Commission or the District Forum, as the case may be records its reasons for condoning such delay.” http://advocatemmmohan.wordpress.com/2012/05/26/no-complaint-should-be-filed-after-2-years-from-the-date-of-cause-of-action-as-it-is-barred-by-limitation-section-24a-of-the-act-reads-as-under-24a-limitation-period-1-the-dis/ http://advocatemmmohan.wordpress.com/2012/05/26/no-complaint-should-be-filed-after-2-years-from-the-date-of-cause-of-action-as-it-is-barred-by-limitation-section-24a-of-the-act-reads-as-under-24a-limitation-period-1-the-dis/#comments Sat, 26 May 2012 12:56:45 +0000 advocatemmmohan http://advocatemmmohan.wordpress.com/?p=19243 Continue reading »]]> http://advocatemmmohan.wordpress.com/2012/05/26/no-complaint-should-be-filed-after-2-years-from-the-date-of-cause-of-action-as-it-is-barred-by-limitation-section-24a-of-the-act-reads-as-under-24a-limitation-period-1-the-dis/feed/ 0 advocatemmmohan English: NIIT Tech Company Logo Insurance of stock – stock damaged in flood. first surveyor and second surveyor gave one and the same report . but the first surveyor gave clarification with supplement that 50 sugar bags are hand stitched and further endorsed that it is enough to solve the purpose.Except 50 bags, rest damage was paid. The district forum allowed the complaint but the state forum dismissed basing clarification of first surveyor. Their Lord ships allowed the revision restoring the district forum. stating that state commission swayed on presumptions but not on fact. It is true that the question of 56 bags is shrouded in mystery. However, the duty cast upon this Commission is to winnow the truth from falsehood. The Commission is to appreciate the evidence produced before it. It is not to be swayed away with suspicion and doubt. The evidence must be discussed in its proper perspective. The role of S.K. Parhi is wee bit doubtful. The volte-face on his part at the eleventh hour goes beyond the pale of our comprehension. He herms and haws and comes out on both sides of the above said knotty question. The unsavoury words used by him at the foot of document dated 07-06-2000 go to create a suspicion about S.K. Parhi. It is difficult to fathom what is meant by “will serve your purpose”. Was he going to oblige somebody? Why did not he report the truth at first instance? An integument of suspicion envelops the proceedings conducted by the respondents. 8. In the result, we accept the petition and restore the order passed by the District Forum. This revision petition is accordingly disposed of. http://advocatemmmohan.wordpress.com/2012/05/26/insurance-of-stock-stock-damaged-in-flood-first-surveyor-and-second-surveyor-gave-one-and-the-same-report-but-the-first-surveyor-gave-clarification-with-supplement-that-50-sugar-bags-are-hand-sti/ http://advocatemmmohan.wordpress.com/2012/05/26/insurance-of-stock-stock-damaged-in-flood-first-surveyor-and-second-surveyor-gave-one-and-the-same-report-but-the-first-surveyor-gave-clarification-with-supplement-that-50-sugar-bags-are-hand-sti/#comments Sat, 26 May 2012 12:39:52 +0000 advocatemmmohan http://advocatemmmohan.wordpress.com/?p=19236 Continue reading »]]> http://advocatemmmohan.wordpress.com/2012/05/26/insurance-of-stock-stock-damaged-in-flood-first-surveyor-and-second-surveyor-gave-one-and-the-same-report-but-the-first-surveyor-gave-clarification-with-supplement-that-50-sugar-bags-are-hand-sti/feed/ 0 advocatemmmohan English: Wheel of Konark temple Electricity not supplied properly with full energy caused business loss to the factory and claimed loss at Rs.4 lakhas and odd. District forum dismissed. State forum granted 2 lakhas and others. Their Lordship partly allowed the revision partly removing other expenses- The grouse of the complainants is that they did not get the full electricity and the electricity supplied to them was inadequate and insufficient to run the factory. However, thereafter, the request of the complainants was acceded and the full electricity was given after 02-02-2000. The complainants hired generator to run some of the machines to cope with the urgent supply orders. In the complaint it is submitted that they have suffered a loss of Rs.4,98,024/-. = The petitioner himself admits that the electricity supply of the premises of the complainants remain uninterrupted as alternate measure was made for supply of electricity. It was also not denied that the complainants had to hire another generator. Respondents/complainants have claimed hire charges at Rs.26,500/-, repairing charges of generator at Rs.28,500/- and amount spent on purchase of diesel oil, lubricants, etc. at Rs.2,46,378.78/- and refund of electric charges from the period starting from November, 1999 to January, 2000 to the tune of Rs.67,831/- and business loss in the sum of Rs.1,25,000/-, total being Rs.4,98,024/-. 7. The finding recorded by the State Commission that the complainants are also entitled to refund of an amount of Rs.67,831/- charged from them as minimum electric charges for the months from November, 1999 to January, 2000 with interest @ 6% p.a. appears to be not correct. The affidavit filed byShri S.S. Rawat, Sub Divisional Officer stating that the complainants consumed 18240 units remains unrebutted on the record. No effort was made to scrub this document of paramount importance. It is, thus, clear that the complainants have used those units as mentioned in the affidavit. They are not supposed to enjoy such a huge units of electricity free of costs. Consequently, we find that the appellants are entitled to charge for those units. 8. Consequently we partly accept the appeal. The petitioner – DHBVNL will not return the above said amount of Rs.67,831/- nor will it pay the interest in the sum of 6%. To that extent the petition stands allowed. However, we find no illegality or infirmity with the order passed in respect of the compensation amount to Rs. 2 lakhs and interest imposed thereon. To that extent, the petition stands dismissed. No costs. http://advocatemmmohan.wordpress.com/2012/05/26/electricity-not-supplied-properly-with-full-energy-caused-business-loss-to-the-factory-and-claimed-loss-at-rs-4-lakhas-and-odd-district-forum-dismissed-state-forum-granted-2-lakhas-and-others-their/ http://advocatemmmohan.wordpress.com/2012/05/26/electricity-not-supplied-properly-with-full-energy-caused-business-loss-to-the-factory-and-claimed-loss-at-rs-4-lakhas-and-odd-district-forum-dismissed-state-forum-granted-2-lakhas-and-others-their/#comments Sat, 26 May 2012 12:13:01 +0000 advocatemmmohan http://advocatemmmohan.wordpress.com/?p=19228 Continue reading »]]> http://advocatemmmohan.wordpress.com/2012/05/26/electricity-not-supplied-properly-with-full-energy-caused-business-loss-to-the-factory-and-claimed-loss-at-rs-4-lakhas-and-odd-district-forum-dismissed-state-forum-granted-2-lakhas-and-others-their/feed/ 0 advocatemmmohan English: Ganesha statue at Siddhadata Ashram, ... HUDA failed to develop and provide basic amenities by the date of delivery. The district forum granted interest on deposited amount and costs and State commission also confirmed the same.This revision also holds no meritsThe petitioner received possession in December, 2001. The complaint was filed within two years on 07-10-2003. The cause of action arose only after getting the possession. This is an admitted fact that the essential amenities were not complete. The learned State Commission has noted that from the letter bearing memo no. 492 dated 09-04-1999, written by the Estate Officer, HUDA to the Executive Engineer, Electricity Division, HUDA, Hisar, it stands clear on record that at the time of offer of possession, the development work did not complete. The petitioner has failed to prove no evidence which may go to show that the work stood completed on or before the possession was handed over to the respondents. http://advocatemmmohan.wordpress.com/2012/05/26/huda-failed-to-develop-and-provide-basic-amenities-by-the-date-of-delivery-the-district-forum-granted-interest-on-deposited-amount-and-costs-and-state-commission-also-confirmed-the-same-this-revision/ http://advocatemmmohan.wordpress.com/2012/05/26/huda-failed-to-develop-and-provide-basic-amenities-by-the-date-of-delivery-the-district-forum-granted-interest-on-deposited-amount-and-costs-and-state-commission-also-confirmed-the-same-this-revision/#comments Sat, 26 May 2012 11:44:40 +0000 advocatemmmohan http://advocatemmmohan.wordpress.com/?p=19216 Continue reading »]]> http://advocatemmmohan.wordpress.com/2012/05/26/huda-failed-to-develop-and-provide-basic-amenities-by-the-date-of-delivery-the-district-forum-granted-interest-on-deposited-amount-and-costs-and-state-commission-also-confirmed-the-same-this-revision/feed/ 0 advocatemmmohan Hisarya, Bulgaria Service matter -The appellants, four in number, participated in a selection process conducted by the Second Field Ordnance Depot (2 FOD) in the year 1984 for the post of Lower Division Clerks (LDCs). Despite their selection for the post in question they were not issued appointment letters on the pretext that there was a ban on appointments. In December 1993, pursuant to the order passed in OA No. 29/jk/92 dated 24.8.1993 by the Chandigarh Bench of the Central Administrative tribunal (for short ‘the Tribunal’), respondent No. 4 was issued an appointment letter. The appellant Nos. 1 to 3 were given appointment in May, 1996 on the basis of the directions issued on 24.7.1995 by the High Court of Jammu and Kashmir in SWP No. 1052 of 1991. In Public Service Commission, Uttaranchal v. Mamta Bisht & Ors.[9] this Court while dealing with the concept of necessary parties and the effect of non-impleadment of such a party in the matter when the selection process is assailed observed thus: – “7. ……. In Udit Narain Singh Malpaharia v. Additional Member, Board of Revenue, Bihar & Anr., AIR 1963 SC 786, wherein the Court has explained the distinction between necessary party, proper party and proforma party and further held that if a person who is likely to suffer from the order of the Court and has not been impleaded as a party has a right to ignore the said order as it has been passed in violation of the principles of natural justice. More so, proviso to Order I, Rule IX of Code of Civil Procedure, 1908 (hereinafter called CPC) provide that non-joinder of necessary party be fatal. Undoubtedly, provisions of CPC are not applicable in writ jurisdiction by virtue of the provision of Section 141, CPC but the principles enshrined therein are applicable. (Vide Gulabchand Chhotalal Parikh v. State of Gujarat; AIR 1965 SC 1153; Babubhai Muljibhai Patel v. Nandlal, Khodidas Barat & Ors., AIR 1974 SC 2105; and Sarguja Transport Service v. State Transport Appellate Tribunal, Gwalior & Ors. AIR 1987 SC 88). 8. In Prabodh Verma & Ors. v. State of U.P. & Ors. AIR 1985 SC 167; and Tridip Kumar Dingal & Ors. v. State of West Bengal & Ors. (2009) 1 SCC 768 : (AIR 2008 SC (Supp) 824), it has been held that if a person challenges the selection process, successful candidates or at least some of them are necessary parties.” http://advocatemmmohan.wordpress.com/2012/05/25/service-matter-the-appellants-four-in-number-participated-in-a-selection-process-conducted-by-the-second-field-ordnance-depot-2-fod-in-the-year-1984-for-the-post-of-lower-division-clerks-ldcs/ http://advocatemmmohan.wordpress.com/2012/05/25/service-matter-the-appellants-four-in-number-participated-in-a-selection-process-conducted-by-the-second-field-ordnance-depot-2-fod-in-the-year-1984-for-the-post-of-lower-division-clerks-ldcs/#comments Fri, 25 May 2012 15:21:35 +0000 advocatemmmohan http://advocatemmmohan.wordpress.com/?p=19211 Continue reading »]]> http://advocatemmmohan.wordpress.com/2012/05/25/service-matter-the-appellants-four-in-number-participated-in-a-selection-process-conducted-by-the-second-field-ordnance-depot-2-fod-in-the-year-1984-for-the-post-of-lower-division-clerks-ldcs/feed/ 0 advocatemmmohan English: Chandigarh "Open Hand" Monu... in corruption case of Rs.100/- The apex court reduced the sentence So far as the instant case is concerned, the appellants had been working under the health department of the State of Rajasthan. No provision analogous to the paragraphs contained in Railway Vigilance Manual, applicable in the health department of the State of Rajasthan at the relevant time had been brought to the notice of the courts below, nor had been produced before us. Therefore, it can be held that it is always desirable to have a shadow witness in the trap party but mere absence of such a witness would not vitiate the whole trap proceedings. 15. In the instant case, there is no contradiction in the deposition of the witnesses. The witnesses have truthfully deposed that they did not hear the conversation between the accused and the complainant. Therefore, their version is without any embellishment and improvement. There could be no reason/motive for Rafiq (PW.1) to falsely enrope the appellants in the case. The appeal is devoid of any merit and is, accordingly, dismissed. However, considering the fact that the incident occurred about two decades ago and the appellants suffer from severe ailments, they have lost their service long ago and suffered the agony of protracted litigation, the appellant no.1 has been suffering from acute pancreatitis and both the appellants have served the sentence for more than six months, in the facts and circumstances of the case, their sentence is reduced to one year. http://advocatemmmohan.wordpress.com/2012/05/25/in-corruption-case-of-rs-100-the-apex-court-reduced-the-sentence-so-far-as-the-instant-case-is-concerned-the-appellants-had-been-working-under-the-health-department-of-the-state-of-rajasthan-no-pr/ http://advocatemmmohan.wordpress.com/2012/05/25/in-corruption-case-of-rs-100-the-apex-court-reduced-the-sentence-so-far-as-the-instant-case-is-concerned-the-appellants-had-been-working-under-the-health-department-of-the-state-of-rajasthan-no-pr/#comments Fri, 25 May 2012 15:12:42 +0000 advocatemmmohan http://advocatemmmohan.wordpress.com/?p=19206 Continue reading »]]> http://advocatemmmohan.wordpress.com/2012/05/25/in-corruption-case-of-rs-100-the-apex-court-reduced-the-sentence-so-far-as-the-instant-case-is-concerned-the-appellants-had-been-working-under-the-health-department-of-the-state-of-rajasthan-no-pr/feed/ 0 advocatemmmohan Rajasthani Up-Down Dolls found in the road-sid... Rape case failed to established.The Apex court set aside the High court orders and released the accused= “…….It cannot be lost sight of that rape causes the greatest distress and humiliation to the victim but at the same time a false allegation of rape can cause equal distress, humiliation and damage to the accused as well. The accused must also be protected against the possibility of false implication….. there is no presumption or any basis for assuming that the statement of such a witness is always correct or without any embellishment or exaggeration.” However, even in a case of rape, the onus is always on the prosecution to prove, affirmatively each ingredient of the offence it seeks to establish and such onus never shifts. Prosecution has to prove its case beyond reasonable doubt and cannot take support from the weakness of the case of defence. There must be proper legal evidence and material on record to record the conviction of the accused. Conviction can be based on sole testimony of the prosecutrix provided it lends assurance of her testimony. However, in case the court has reason not to accept the version of prosecutrix on its face value, it may look for corroboration. In case the evidence is read in its totality and the story projected by the prosecutrix is found to be improbable, the prosecutrix case becomes liable to be rejected. The court must act with sensitivity and appreciate the evidence in totality of the background of the entire case and not in the isolation. Even if the prosecutrix is of easy virtue/unchaste woman that itself cannot be a determinative factor and the court is required to adjudicate whether the accused committed rape on the victim on the occasion complained of. http://advocatemmmohan.wordpress.com/2012/05/25/rape-case-failed-to-established-the-apex-court-set-aside-the-high-court-orders-and-released-the-accused-it-cannot-be-lost-sight-of-that-rape-causes-the-greatest-distress-a/ http://advocatemmmohan.wordpress.com/2012/05/25/rape-case-failed-to-established-the-apex-court-set-aside-the-high-court-orders-and-released-the-accused-it-cannot-be-lost-sight-of-that-rape-causes-the-greatest-distress-a/#comments Fri, 25 May 2012 15:01:50 +0000 advocatemmmohan http://advocatemmmohan.wordpress.com/?p=19195 Continue reading »]]> http://advocatemmmohan.wordpress.com/2012/05/25/rape-case-failed-to-established-the-apex-court-set-aside-the-high-court-orders-and-released-the-accused-it-cannot-be-lost-sight-of-that-rape-causes-the-greatest-distress-a/feed/ 0 advocatemmmohan English: The supreme court of india. Taken abo... Criminal law — Appeals — Power of court of appeal — Unreasonable verdict — Credibility of witnesses — Trial judge holding that testimonial evidence as whole did not raise reasonable doubt that accused guilty on charge of indecent assault with regard to incidents that had occurred more than 30 years earlier — Whether verdict unreasonable — Criminal Code, R.S.C. 1985, c. C‑46, s. 686(1)(a)(i). http://advocatemmmohan.wordpress.com/2012/05/25/criminal-law-appeals-power-of-court-of-appeal-unreasonable-verdict-credibility-of-witnesses-trial-judge-holding-that-testimonial-evidence-as-whole-d/ http://advocatemmmohan.wordpress.com/2012/05/25/criminal-law-appeals-power-of-court-of-appeal-unreasonable-verdict-credibility-of-witnesses-trial-judge-holding-that-testimonial-evidence-as-whole-d/#comments Fri, 25 May 2012 00:21:25 +0000 advocatemmmohan http://advocatemmmohan.wordpress.com/?p=19181 Continue reading »]]> http://advocatemmmohan.wordpress.com/2012/05/25/criminal-law-appeals-power-of-court-of-appeal-unreasonable-verdict-credibility-of-witnesses-trial-judge-holding-that-testimonial-evidence-as-whole-d/feed/ 0 advocatemmmohan Français : Cour d'appel de Colmar Constitutional law — Division of powers — Labour relations — Company normally and habitually providing crane and heavy equipment rental services and, to lesser extent, stevedoring services — Whether stevedoring activities form part of federal jurisdiction over shipping — Whether stevedoring activities form integral part of federally regulated undertaking — Whether company’s employees governed by federal or provincial occupational health and safety legislation — Constitution Act, 1867, ss. 91(10), 92(10), and 92(13). http://advocatemmmohan.wordpress.com/2012/05/25/constitutional-law-division-of-powers-labour-relations-company-normally-and-habitually-providing-crane-and-heavy-equipment-rental-services-and-to-lesser-extent-stevedo/ http://advocatemmmohan.wordpress.com/2012/05/25/constitutional-law-division-of-powers-labour-relations-company-normally-and-habitually-providing-crane-and-heavy-equipment-rental-services-and-to-lesser-extent-stevedo/#comments Fri, 25 May 2012 00:14:39 +0000 advocatemmmohan http://advocatemmmohan.wordpress.com/?p=19176 Continue reading »]]> http://advocatemmmohan.wordpress.com/2012/05/25/constitutional-law-division-of-powers-labour-relations-company-normally-and-habitually-providing-crane-and-heavy-equipment-rental-services-and-to-lesser-extent-stevedo/feed/ 2 advocatemmmohan The town of Lebel-sur-Quévillon, Quebec. The respondents obtained a judgment from the Superior Court ([2009] R.J.Q. 2261) ordering the applicants to pay them damages in respect of an infringement of copyright. In the instant case, the conditions for the requested stays were laid down in Fournier J.A.’s decision. That judgment will continue to apply for the duration of the appeals for which leave is being granted in judgments rendered this same day by this Court and filed together with our decision on the respondents’ motion. This motion by the respondents, whose application for leave to appeal is also being granted, amounts for all intents and purposes to an attempt to review the judgment of Fournier J.A.We will not grant the requested order for security. Although we do not mean to say that it would be impossible to order security — whether the deposit of a bond or any other form of security — in excess of $500, it appears that this Court has never granted such security as a condition for bringing an appeal under s. 60(1)(b) of the Supreme Court Act, which has traditionally been applied so as to require the deposit of only a symbolic amount of $500 in respect of the costs of the appeal (Lanificio Fratelli Bettazzi S.N.C. v. Tissus Ranchar Inc., September 6, 1990, No. 21373, perCory J.; see H. S. Brown, Supreme Court of Canada Practice 2012 (2011), 12th ed., at pp. 134‑36). The type of security the respondents are seeking has usually been granted as a condition for a stay of proceedings or a stay of execution under s. 65 or 65.1 of the Supreme Court Act or under a statutory provision such as art. 522.1 C.C.P. http://advocatemmmohan.wordpress.com/2012/05/25/the-respondents-obtained-a-judgment-from-the-superior-court-2009-r-j-q-2261-ordering-the-applicants-to-pay-them-damages-in-respect-of-an-infringement-of-copyright-in-the-instant-case-the-condi/ http://advocatemmmohan.wordpress.com/2012/05/25/the-respondents-obtained-a-judgment-from-the-superior-court-2009-r-j-q-2261-ordering-the-applicants-to-pay-them-damages-in-respect-of-an-infringement-of-copyright-in-the-instant-case-the-condi/#comments Fri, 25 May 2012 00:04:53 +0000 advocatemmmohan http://advocatemmmohan.wordpress.com/?p=19170 Continue reading »]]> http://advocatemmmohan.wordpress.com/2012/05/25/the-respondents-obtained-a-judgment-from-the-superior-court-2009-r-j-q-2261-ordering-the-applicants-to-pay-them-damages-in-respect-of-an-infringement-of-copyright-in-the-instant-case-the-condi/feed/ 0 advocatemmmohan English: Supreme Court of Canada building, Ott...