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Election – total 87 Councillors, the Nationalist Congress Party with 17, Muslim League with 2, R.P.I. with 1, Samajwadi Party with 1 and 2 Independents formed an aghadi (group) and elected the first respondent as their group leader (Gat Neta).- the same was approved – change of leader by one political party -maintainable ? – No- Once an aghadi (group) is formed and duly recognized by the Divisional Commissioner, it becomes a municipal party in terms of Section 2(i) of the Act. Once original political parties form a municipal party by way of an aghadi, for all purposes, the group leader is chosen by the municipal party (aghadi) only. Rules do not provide for nomination of group leader. Similarly, the group leader of the aghadi can be changed only by the group and not by one of the political parties, big or small, belonging to the aghadi-2015 S.C.MSKLAWREPORTS
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Election to the Amravati Municipal Corporation was held on 16.02.2012. Of the total 87 Councillors, the Nationalist Congress Party with 17, Muslim League with 2, R.P.I. with 1, Samajwadi Party with 1 and 2 Independents formed an aghadi (group) and elected the first respondent as their group leader (Gat Neta). On 06.03.2012, the 23 members … Continue reading →
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- Election – total 87 Councillors, the Nationalist Congress Party with 17, Muslim League with 2, R.P.I. with 1, Samajwadi Party with 1 and 2 Independents formed an aghadi (group) and elected the first respondent as their group leader (Gat Neta).- the same was approved – change of leader by one political party -maintainable ? – No- Once an aghadi (group) is formed and duly recognized by the Divisional Commissioner, it becomes a municipal party in terms of Section 2(i) of the Act. Once original political parties form a municipal party by way of an aghadi, for all purposes, the group leader is chosen by the municipal party (aghadi) only. Rules do not provide for nomination of group leader. Similarly, the group leader of the aghadi can be changed only by the group and not by one of the political parties, big or small, belonging to the aghadi-2015 S.C.MSKLAWREPORTS
- Once an application is duly filed in terms of Section 8 of The Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘Arbitration Act’) before the civil court, what should be the approach of the court? -2015 S.C.MSKLAWREPORTS
- We, after giving our anxious consideration to the matter, are of the view that the District Court at Latur and High Court of Bombay have committed error of law in entertaining the application under Section 34 of the Act and dismissing the revision petition.= Indisputably, the Arbitration proceeding has been conducted within the jurisdiction of Raichur court, which has jurisdiction as per Section 20 of the Code of Civil Procedure and is subordinate to the High Court of Karnataka which entertained Section 11 Application. Hence, the Award cannot be challenged before a Court subordinate to the High Court of Bombay. Exercise of jurisdiction by such court shall be against the provision of Section 42 of the Act.
- Fixing eligibility for a particular post or even for admission to a course falls within the exclusive domain of the legislature/executive and cannot be the subject-matter of judicial review, unless found to be arbitrary, unreasonable or has been fixed without keeping in mind the nature of service, for which appointments are to be made, or has no rational nexus with the object(s) sought to be achieved by the statute. Such eligibility can be changed even for the purpose of promotion, unilaterally and the person seeking such promotion cannot raise the grievance that he should be governed only by the rules existing, when he joined service. In the matter of appointments, the authority concerned has unfettered powers so far as the procedural aspects are concerned, but it must meet the requirement of eligibility, etc. The court should therefore, refrain from interfering, unless the appointments so made, or the rejection of a candidature is found to have been done at the cost of “fair play”, “good conscience” and “equity”. (Vide State of J&K v. Shiv Ram Sharma (1999)3 SCC 653 and Praveen Singh v. State of Punjab (2000) 8 SCC 633.)” 11. Therefore, in view of the law laid down by this Court as above, we are of the opinion that since the respondent was not qualified for the post of driver, as such the High Court erred in law in directing the appellant to consider his case against the post of driver of heavy vehicle. 12. Therefore in the above circumstances, this appeal deserves to be allowed as the respondent is not qualified for the post of driver. Accordingly, the appeal is allowed.
- The charge sheet against the appellant, in the original record, shows that the Investigating Officer signed it and submitted the same on 30.9.2013. Though the clerk concerned has not made any endorsement as to when actually the charge sheet was received, but there is endorsement of the Chief Judicial Magistrate which shows that he has mentioned “seen” on 3.10.2013 and signed at the top of the first page of the charge sheet. Order sheet of the court of the Magistrate also corroborates that on 3.10.2013 the clerk concerned reported to Chief Judicial Magistrate that the charge sheet had already been received.
- The insurer company has contended that claimant was getting Rs.23,000/- per month at the time of accident. It appears that he was getting non-practitioner allowance also in addition to the salary. It would be appropriate to take his salary at Rs.25,000/- per month. Considering the fact that 60% permanent disability has been incurred and considering over all injuries caused, there is a loss of working capacity to the said extent. Monthly loss of earning capacity comes to Rs.15,000/-. Multiplier of 16 is applicable at the age of 36 years. Expenditure must have been incurred in 8 days when claimant was treated in Shanti Hospital when surgery of right leg was performed and two plates were inserted which we quantify at Rs.20,000/-. There was loss of earning during course of treatment which has been determined by the Claims Tribunal and medical expenditure in SCB Medical College and Hospital, Cuttack comes to Rs.66,566/-. Compensation for pain and suffering, expenditure on attendant and on special diet has also to be awarded. The compensation after deducting medical reimbursement already received, is awarded in the following manner : Description Amount (Rs.) For loss of earning capacity due to permanent disability (Rs.15,000 x 12 x 16) 28,80,000/- Loss of salary during treatment in the year 2001-2002 2,14,848/- Expenditure incurred in SCB Medical College & Hospital, Cuttack 66,566/- Expenditure incurred in Shanti Hospital 20,000/- Physical pain and sufferings 2,00,000/- Expenditure incurred on attendant for 9 months during treatment 90,000/- Special diet 28,500/- ……………….. Grand Total: 34,99,914/- rounded off 35,00,000/- ………………….
- Insofar as the second suggestion i.e. putting up a scroll to the effect that “the channel displaying the sports event (concerned ICC World Cup 2015 matches) is meant only for Doordarshan” has received our consideration. Acceptance of the said suggestion would be understanding the provisions of Section 3 of the Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act, 2007 and Section 8 of the Cable Television Networks (Regulation) Act, 1995 in a particular manner which is not warranted at this stage of the proceedings. We, therefore, decline to accept the said second suggestion advanced on behalf of the respondents.
- It is settled principle of law that, to establish commission of murder by an accused, motive is not required to be proved. Motive is something which prompts a man to form an intention. The intention can be formed even at the place of incident at the time of commission of crime. It is only either intention or knowledge on the part of the accused which is required to be seen in respect of the offence of culpable homicide. In order to read either intention or knowledge, the courts have to examine the circumstances, as there cannot be any direct evidence as to the state of mind of the accused.
- It is settled principle of law that, to establish commission of murder by an accused, motive is not required to be proved. Motive is something which prompts a man to form an intention. The intention can be formed even at the place of incident at the time of commission of crime. It is only either intention or knowledge on the part of the accused which is required to be seen in respect of the offence of culpable homicide. In order to read either intention or knowledge, the courts have to examine the circumstances, as there cannot be any direct evidence as to the state of mind of the accused.
- the appellant shall be entitled to the compensation figured out in the following table under different heads: |SL.No |Particulars |Amount of compensation | |1. |Loss of future income due | Rs.8,64,000/- | | |to disability | | |2. |Loss of income during | Rs.76,500/- | | |period of treatment | | |3. |Pain and suffering | Rs.1,50,000/- | |4. |Medical Expenses | Rs.2,00,000/- | |5. |Attendant charges during | Rs.40,000/- | | |the period of treatment for| | | |17 months | | |6. |Transportation charges | Rs.20,000/- | | |during the period of | | | |treatment | | |7. |Special diet and nutrition | Rs.20,000/- | | |as advised by the doctor | | | |during the period of | | | |treatment | | |8. |Permanent Disability/ |Rs.1,50,000/- | | |loss of amenities, | | | |happiness and enjoyment of | | | |life | | |9. |Future medical expenses |Rs.2,00,000/- | |10. |Expenses during pendency of|Rs.40,000/- | | |appeal | | | |TOTAL |Rs.17,60,500/- | Thus, the total compensation payable to the appellant by the respondent Insurance Company will be Rs.17,60,500/- as per amount awarded against different heads mentioned above in the table with interest @ 9% p.a. on the compensation awarded by this Court from the date of filing of the claim petition till the date of payment.
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