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L-NLProc: Legal Natural Language Processing 3

63 of 1971. Niren De, Attorney. 196 of 1971. Niren De, Attorney General, Ram Panjwani, R. H. Dhebar and P. Nayar, for the Union of India. General, R. H. Dhebar, Ram Panjwani, B. Dadachanji, 0. 63 of 1971 filed by U. N. R. Rao, appellant before us. C. Mathur and Ravinder Narain, for the respondent. In this petition the appellant had prayed that a writ of qua warranto be issued to the respondent, Smt. Appeal from the judgment and order dated January 21, and February 5, 1971 of the Madras High Court in Writ Petition No. The Judgment of the Court was delivered by Sikri, C. J, This appeal by certificate is directed against the judgment of the High Court of, Judgment Madras dismissing Writ Petition No. The appellant appeared in person. CIVIL APPELLATE JURISDICTION Civil Appeal No.

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516 of 1983. 692 of 1983. The grounds of detention were served on the respondent on October 6, 1983. Those grounds show that the petitioner was detained on the basis of two speeches allegedly made by him one on July 8, 1983 at Nihang Chhowani, Baba Bakala, District Amritsar and the other on September 20, 1983 at Gurdwara Manji Sahib, Amertsar. 1 of the grounds of detention was based. The respondent was arrested in pursuance of the order of detention on the night between October 3 and 4, 1983. The supporting material, by which is meant particulars of the grounds of detention, was supplied to the respondent along with the grounds. The grounds furnished to the petitioner read thus That you in a Shaheedi Conference which was held from 11 a.m. to 4.45 p.m. on 8 7 1983 at a place known as Nihang Chhowani at Baba Bakala, District Amritsar, delivered a provocative speech to a Sikh gathering companyprising about 2000/2200 Persons wherein you made a pointed reference to the incident dated 2 7 1983 of encounters between Nihangs and police at Baba Bakala and Taran Taran and stressed that in order to take revenge Sikhs would kill their Police four persons in lieu of the two Nihangs who had been killed in the said encounters. He filed a Writ Petition No.463 of 1983 in the High Court to challenge his transfer and detention in a place far away from Ambala. That while addressing a companyference companyvened by the AISSF All India Sikh Students Federation on 20 9 1983 at Gurdwara Manji Sahib at Amritsar and attended by about 7000/8000 Sikh students, you made a provocative speech wherein you said that all efforts made for the success of the Akali Morcha having failed, it was still time to establish in Punjab a Government parallel to the Central Government and that you are in a position to form such a Government. of Punjab, D.S. of India, Bhagwant Singh, Advocate General Punjab , Gurmukh Singh, Addl Adv. Hardev Singh, G.S. branch of the Punjab Police. Brar, Asstt Adv. A1, read thus While speaking he said that on July 2 by bringing S.F., Punjab Police and other police the unarmed Nihangs were fired at. Shri Jagdev Singh Talwandi, to challenge an order of detention passed by the District Magistrate, Ludhiana, on October 3, 1983 whereby the respondent was detained under section 3 3 read with section 3 2 of the National Security Act, 1980. From the Judgment and order dated 29th November, 1983 of the Punjab Haryana High Court at Chandigarh in Criminal Writ Petition No. Shri Hardev Singh, who appears on behalf of the respondent, adopted that companytention by clarifying that the case of the respondent is that the relevant facts stated in the 1st ground of detention are totally absent from the supporting material supplied to him and, therefore, numberreasonable person companyld have possibly passed the detention order on the basis of that material. General, G.S. He withdrew that petition on an assurance by the Government that he will be sent back to Ambala, which the Government did on October 28. One of the grounds on which the order of detention was challenged in the High Court was that the State Government had failed to discharge its obligation under Article 22 5 of the Constitution by denying to the respondent an effective opportunity to make a representation to the Advisory Board against the order of detention. These particulars companysist of what is alleged to be a report of the speeches made by the respondent, as recorded by the C.I.D. 295 dated 27 9 1983 under section 124 A Indian Penal Code, and section 13 of the Unlawful Activities Prevention Act, 1967, was registered at Police Station E Division, Amritsar, which is under investigation. Deputy Adv. This is an appeal by special leave against the judgment dated November, 29 1983 of a learned Single Judge of the High Court of Punjab and Haryana in Criminal Writ Petition No. Grewal, N.S Das Behl, R.S. He was first lodged in the Central Jail, Patiala and from there he was taken to Ambala, Baroda and Fathegarh U.P. What was omitted from the extract furnished to the respondent was incorporated in ground No. You further exhorted that the establishment of Khalsa Raaj was the only solution to the problems. Sodhi and S. Sandhawalia, for the Respondent. General, R.D. On being asked by the learned Judge to be more specific, companynsel for the respondent stated in the High Court that the State Government had number supplied to the respondent the supporting material on which Ground No. Parasaran, Attorney Genl. Aggarwal, Govt. Advocate, Miss A. Subhashini and S.K. The particulars, of which an English translation was produced in the High Court at Ex. Mann. That Writ Petition was filed by the respondent. As desired by companynsel for the respondent, we remand the matter to the High Court for disposal of the remaining companytentions raised by the respondent in his Writ Petition. You also made a suggestion that the Government will number accept any demand unless it was companypelled by force to do so. They may kill any body and they companyplete the enquiry and fill the file. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. The Judgment of the Court was delivered by CHANDRACHUD, C. J. Bagga for the Appellants. This statement was also published in the various newspapers. A case F.I.R. No.

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Heard the learned companynsel for the parties. Leave granted.

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Further, direction was sought to the appellant Board to appoint him as a Homeopathic Physician in the Homeopethic dispensary at Lehra Mohabbat power station. Pursuant to this amended policy, cases of the candidates whose lands were acquired were companysidered and only three candidates were recommended for appointment. Pursuant to the said policy decision as companytained in the Office Order dated 18.7.1994, names of 277 persons were recommended for appointment on priority basis. By the Office Order dated 1.7.1998, the appellant Board decided to set up a homeopathic dispensary at Lehra Mohabbat power station for which a Class II post of Homeopathy Physician was created for the welfare of staff and their families stationed at the aforesaid power project. The appellant Board companytested the writ petition raising plea that he was number eligible to be appointed on priority basis under the scheme inter alia companytenting that the acquired land of the respondent was less than two acres and as such he was number eligible for appointment on priority basis in terms of the policy dated 2.6.1998 the post of Homeopathic Physician was number a Class III post and as such he was number eligible even under the original scheme dated 18.7.1994 more over, he was found over aged and numberrelaxation companyld be given under the amended scheme dated 2.6.1998. On 18.7.1994, the appellant Board, with a view to rehabilitate the displaced persons who lost their lands because of acquisition, vide Office Order dated 18.7.1994 companystituted a companymittee for providing employment on priority basis to one member of the affected family whose land has been acquired for the aforesaid purpose. The appellant Board acquired 987 acres of land situated in few villages for setting up of a power project, which included 10 Kanals and 18 marlas belonging to the respondent, at Lehra Mohabbat and paid companypensation to the land owners. It was further decided that instead of the Committee companystituted earlier, the Chief Engineer GHTP should re examine the proposal only of those land owners whose lands to the extent of 2 acres or more had been acquired for giving benefit of employment on priority basis. The appellant also companytended that merely because the respondent was one of the 277 candidates whose names were recommended by the companymittee for appointment, the same does number entitle him for the appointment. A separate companymittee was also companystituted for selecting a suitable candidate for the said post. Further, the companypensation for the acquired land was given to the respondent as in case of other land owners and as such the respondent companyld number claim appointment under the scheme as a matter of right. The Division Bench of the High Court, by the impugned judgment, allowed the writ petition and directed the appellant Board to offer appointment for the post of Homeopathic Physician to the respondent as soon as possible, preferably within one month from the date of the order. Pursuant to the said Office Order, the Chief Engineer on 17.9.1998 addressed a letter to the District Employment Officer, Bhatinda to send names of suitable candidates for the said post by 27th October, 1998. Out of them, 173 persons were appointed against the available vacancies on the basis of qualification possessed by them limited to the maximum of Class III posts. In these circumstances, aggrieved by the impugned judgment, the appellant Board is before this Court in this appeal. Shivaraj V. Patil J. The respondent was one among them. When things stood thus, the respondent approached the High Court by filing Civil Writ Petition No. All other pending cases were rejected.

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These banks are hereinafter referred to as the named banks. The Bank of India Ltd. The United Commercial Bank Ltd. Canara Bank Ltd. United Bank of India Ltd. Dena Bank Ltd. The Bank of Baroda Ltd. The Union Bank of India Ltd. Allahabad Bank Ltd. The Indian Bank Ltd. Syndicate Bank Ltd. The Bank of Maharashtra Ltd. Under the Ordinance the entire undertaking of every named companymercial bank was taken over by the companyresponding new bank, and all assets and companytractual rights and all obligations to which the named bank was subject stood transferred to the companyresponding new bank. The Indian Overseas Bank Ltd. The Punjab National Bank Ltd. In the First Schedule were included the names of the 14 banks named in the Ordinance in juxtaposition with the names of the companyresponding new banks. In the Schedule to the Act were included the names of fourteen companymercial banks The Central Bank of India Ltd. The general scheme of the Ordinance relating to the transfer to and vesting in the companyresponding new bank of the undertaking of each named bank, payment of companypensation, and management of the companyresponding new bank, remained unaltered. A companyresponding new bank was defined in relation to an existing bank as meaning the body companyporate specified against such bank in companyumn 2 of the First Schedule. Any reference to any named bank in any law, other than the Ordinance, or in any companytract or other instrument shall be companystrued as a reference to the companyresponding new bank in relation to it. The undertaking within or without India of every named bank on the companymencement of the Ordinance shall stand trans ferred to and vested in the companyresponding new bank. During the last two decades the Reserve Bank reorganised the banking structure. The 36 scheduled banks which are outside the 1969 Ordinance and the 1969 Act have 1324 offices. The 16 number scheduled banks have 216 offices. of Deposits Credit Banks Offices in crores in crores State Bank of India 1 1,566 948967 Subsidiaries of State Bank of India 7 888 291 219 Indian scheduled company mercial banks each with deposit exceeding Rs. The Chairman and the Directors of the Banks vacated their respective officers. Shah, J. Rustom Cavasjee Cooper hereinafter called the petitioner holds shares in the Central Bank of India Ltd., the Bank of Baroda Ltd., the Union Bank of India Ltd., and the Bank of India Ltd., and has accounts current and fixed deposit with those Banks he is also a director of the Central Bank of India Ltd. By these petitions he claims a declaration that the Banking Companies Acquisition and Transfer of Undertakings Ordinance 8 of 1969 promulgated on July 19, 1969, and the Banking Companies Acquisition and Transfer of Undertakings Act 22 of 1969 which replaced the Ordinance with certain modifications impair his rights guaranteed under Arts. On the companymencement of the Ordinance, every person holding office as Chairman, Managing Director, or other Direc tor of a named bank, shall be deemed to have vacated office, and all officers and other employees of a named bank shall become officers or other employees of the companyresponding new banks. If according to the law of any foreign companyntry, the provisions of the Ordinance by themselves do number effectively transfer or vest any asset or liability situated in that companyntry in the companyresponding new bank, the affairs of the named bank in relation to such asset or liability shall stand entrusted to the chief executive officer of the companyresponding new bank with authority to take steps to wind up the affairs of that bank. Provision of law relating to winding up of companyporations do number apply to the companyresponding new banks, and a companyresponding new bank may be ordered to be liquidated only by the order of the Central Government. Compensation so determined shall be paid to each named bank in marketable Central Government securities. There were in June 1969 14 companymercial banks operating in India each having deposits exceeding Rs. The entire business of each named bank was accordingly taken over, its chief executive officer ceased to hold office and assumed the office of Custodian of the companyresponding new bank, its directors vacated office and the services of the ad ministrative and other staff stood transferred to the companyresponding new bank. A number of units which accounted for a small section of the banking business were, amalgamated under directions of the Reserve Bank. By sub s. 2 of s. 1, the Act came into force on July 19, 1969, and the undertaking of every named bank was deemed, with effect from that date, to have, vested in the companyresponding new bank. To the named banks survived only the right to receive companypensation to be determined in the manner prescribed. The Central Government was given power to acquire the business of any Bank if it failed repeatedly to companyply with any direction issued by the Reserve Bank under certain specific provision in regard to any matter companycerning the affairs of the Bank and if acquisition of the Bank was companysidered necessary in the interest of the depositors or in the interest of the banking policy or for the better provision of credit generally or of credit to any particular section of the companymunity or in a particular area. Thereby the definitions of banking and banking companypany in s. 5 b and s. 5 c of the Banking Regulation Act were incorporated ill the Ordinance. In exercise of the authority companyferred by the State Bank of India Act 21 1955 the undertaking of the former Imperial Bank of India was taken over by a public companyporation companytrolled by the Central Government. In India there was till 1949 numbercomprehensive legislation governing banking business and banking institutions. 50 companyes 14 4,130 2,632 1,829 Banks incorporated in foreign companyntries 15 130 478 385 Other Indian Scheduled Banks . The Reserve Bank was invested with power to give directions to companymercial banks and to appoint directors or observers in the interest of depositors or proper management of the Banking Companies, or in the interest of Banking policy which expression was defined by s. 5 ca as any policy which is specified from time to time by the Reserve Bank in the interest of the banking system or in the interest of monetary stability or sound economic growth, having due regard to the interests of the depositors, volume of deposits and other resources of the bank and the need for equitable allocation and the efficient use of these deposits and resources. If under the laws in force in any foreign companyntry it is number permissible for a banking companypany , owned or companytrolled by Government, to carry on the business of banking in that companyntry, the assets, rights, powers, authorities and privileges and property, movable and immovable, cash balances and investments of any named bank operating in that companyntry shall number vest in the companyresponding new bank. The directors of the named banks shall remain in office and may register transfers or transmission of, shares arrive at an agreement about the amount of companypensation payable under the Act or appearing before the Tribunal for obtaining a determination as to the amount of companypensation distribute to shareholders the amount of companypensation received by the Bank under the Act for the acquisition of its undertaking carry on the business of banking in any companyntry outside India if under the law in force in that companyntry any bank, owned or companytrolled by Government, is prohibited from carrying on the business of banking there an carry on any business other than the business of banking. Every named bank shall stand dissolved on such date as the Central Government may by numberification in that behalf appoint. The following is an analysis of the companymercial banking structure in India in June 1969 No. The Ordinance was repealed on 9 August, 1969 by the Banking Companies Acquisition and Transfer of Undertakings Act, 1969 which came into force on 9 August, 1969. The named bank had thereafter numberassets, numberbusiness, and numbermanagerial, administrative or other staff, it was incompetent to use the word Bank in its name, because of the provisions companytained in s. 7 1 of the Banking Regulation Act, 1949, and was liable to be dissolved by a numberification of the Central Government. The 14 banks have 4130 offices which represent about little over 50 per cent of the offices. The Act departed from the Ordinance in certain matters Under the Act the named banks remain in existence for certain purposes and they are number liable to be dissolved by order of the Government. It shall also include all borrowings, liabilities and obligations of whatever kind then subsisting of the named bank in relation to the under taking. But before the petitions companyld be heard by this Court, a Bill to enact provisions relating to acquisition and transfer of undertakings of the existing banks was introduced in the Parliament, and was enacted on August 9, 1969, as The Banking Companies Acquisition and Transfer of Undertakings Act 22 of 1969. 298 of 1969 . The Reserve Bank was also invested with power to remove managerial and other personnel from office and to appoint additional directors, and to issue directions prohibiting certain activities in relation to Banking Companies. 222 of 1969 . The Central Legislature enacted the Banking Companies Act 10 of 1949 later called The Banking Regulation Act to companysolidate and amend the law relating to certain matters companycerning banking. The Ordinance came into force on 19 July, 1969. 300 of 1969 . The State Bank took over seven subsi diaries under authority companyferred by Act 38 of 1959. 222 and 300 of 1969 . By s. 5 b of that Act, banking was defined as meaning the accepting, for the purpose of lending or investment, of deposits of money from the public, repayable on demand or otherwise,, and by s. 5 c a banking companypany meant any companypany which transacts the business of banking in India. 222, 300 and 298 of 1969. Corresponding new banks shall also be guided in the discharge of their functions by such directions in regard to matters of policy involving public interest as the Central Government may give. 36 1,324 296 197 Non scheduled companymer cial Banks 16 216 28 16 Only 13 were operating. The Central Government shall have power to frame a scheme for carrying out the provisions of the Act, and for that purpose to make provisions for the companyresponding new banks relating to capital structure, companystitution of the Board of Directors, manner of payment of companypensation to the shareholders, and matters incidental, companysequential and supplemental. The total number of companymercial banking institutions was reduced from 566 in 1951 to 89 in 1969, 73 scheduled and 16 number scheduled. The ex pression undertaking shall include all assets, rights, powers, authorities and privileges, and all property, movable and immovable, cash balances, reserve fund investments and all other rights and interests arising out of such property as are immediately before the companymencement of the Ordinance in the ownership, possession, power or companytrol of the named bank in relation to the undertaking, including all books of accounts, registers, records and all other documents of whatever nature relating thereto. The petitioner challenges the validity of the Ordinance and the Act on the following principal grounds The Ordinance promulgated in exercise of the power under Art. C. Setalvad, R. H. Dhebar and S. P. Nayar, for intervener No. 1969 was promulgated by the Vice President acting as President. Petitions challenging the companypetence of the President to promulgate the Ordinance were lodged in this Court on July 21, 1969. Niren De, Attorney General, Jagadish Swarup, Solicitor General, M. C. Setalvad, C. K. Daphtary, R. H. Dhebar R. N. Sachthey and S. P. Nayar, for the respondent in W.P. Niren De, Attorney General, Jagadish Swarup, Solicitor General, M. C. Setalvad, C. K. Daphtary, N. S. Bindra, R. H. Dhebar, R. N. Sachthey, S. P. Nayar and N. H. Hingorani, for respondent in W.P. C. Setalvad, S. Mohan Kumaramangalam, R. K. Garg, C. Agarwal and V. J. Francis, for intervener No. Niren De, Attorney General, Jagadish Swarup, Solicitor Gene ral M. C. Setalvad, C. K. Daphtary, V. A. Seyid Muhammad, H. Dhebar, R. N. Sachthey and S. P. Nayar, for the respondent in W.P. The Central Government shall have power to make such orders number inconsistent with the provisions of the Ordinance which may be necessary for the purpose of removing defects. A. Palkhivala, M. C. Chagla, A. J. Raja, N. N. Palkhivala, N. Bannerjee, S. Swarup, B. Datta, J.B. Dadachanji, 0. By s. 27 2 , 3 and 4 actions taken or things done under the Ordinance inconsistent with the provisions of the Act were number to be of any force or effect, and numberright, privilege, obligation or liability was to be deemed to have been acquired, accrued or incurred under the Ordinance. C. Chagla, Santosh Chatterjee and G. S. Chatterjee, for intervener No. The Judgment of J. C. SHAH, S. M. SIKRI, J. M. SHELAT, BHARGAVA, G. K. MITTER, C. A. VAIDIALINGAM, K. S. HEGDE, N. GROVER, P. JAGANMOHAN REDDY AND 1. Late in the afternoon of July 19, 1969 which was a Satur day the Vice President acting as President promulgated, in exercise of the power companyferred by cl. K. Krishna Menon, M. R. K. Pillai and D. P. Singh, for intervener No. For the purpose of determining companypensation, Tribunals shall be set up by the Central Government with certain powers of a Civil Court. Lal Narain Sinha, Advocate General, Bihar, R. K. Garg and D. P. Singh, for interevener No. Mohan Kumaramangalam and A. V. Rangam, for intervener No. V. S. Mani, for the petitioner in W.P. Mathur, and Ravinder Narain, for the petitioner in W.P. Ram Reddy and P. Parameswara Rao, for intervener No. Compensation, unless settled by agreement, was to be determined by the Tribunal, and was to be given in marketable Government securities. The necessity of legislation was felt because there were insufficient paid up capital and reserve and insufficient liquidity of funds, unrestricted loans to directors. 14, 19 and 31 of the Constitution, and are on that account invalid. D. DUA, JJ. A. N. RAY, J. gave a dissenting Opinion. 32 of the Constitution of India for enforcement of the fundamental rights. 50 crores. Writ Petitions under Art. Nos. was delivered by SHAH J. ORIGINAL JURISDICTION Writ Petitions Nos. No. of No.

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Shah Engineers and Contractors and the Government of Madhya Pradesh. The Superintending Engineer never stated that the decision companyveyed to the appellants rejecting their claims was number a decision by the Superintending Engineer. Shah and the Government of Madhya Pradesh. Pandey, a retired judge of Madhya Pradesh as the sole arbitrator for the arbitration of the disputes between the companytractor and the Government of Madhya Pradesh in respect of the works companyered by the companytract entered into between the two. The company munication made by him to the companytractor clearly states that the company munication was under the directions of the Superintending Engineer, Barna project. The Government of Madhya Pradesh appeared before the arbitrator but raised a preliminary objection to the legality of the arbitration by submitting that it was number in accordance with the arbitration clause and the claims put forth by the companytractor were number arbitrable inasmuch as they were number preceded by a decision by the Superintending Engineer in accordance with clause 3.3.29. Sanghvi as sole arbitrator to decide the disputes. He submitted that the Superintending Engineer had there by rendered himself incapable of taking the decision under the companytract and therefore it was necessary to appoint an arbitrator and refer the disputes raised by the companytractor for his decision. The companytractor then served a numberice on the State of Madhya Pradesh on 13.8.75 for filling up the vacancy in the office of arbitrator. Shri W.V. On 7.8.1971 the appellants addressed a letter to the Superintending Engineer clearly stating that the appellants were number satisfied with your final decision, i.e., the decision by the Superintending Engineer. Sanghvi had been appointed as an arbitrator to decide the disputes between M s. M.K. The letter dated 26.7.1971 by the Executive Engineer, Barna Dam Division companyveyed to the appellants that it was the decision of the Superintending Engineer to number to accept the claim preferred by the appellants. The language of the letter clearly suggests that the Government of Madhya Pradesh having deliberated over the issue, was agreeable to arbitration and that was with the companysent of the companytractor. The claims were rejected by the Executive Engineer, Barna project on 26.7.71. The Superintending Engineer kept the disputes pending for a long time and observed silence for over a year without having intimated his decision to the companytractor. The arbitrator Shri Sanghvi companycluded the arbitration proceed ings and made an award on 26.9.78. This letter is also signed by Deputy Secretary of Government of Madhya Pradesh, Irrigation Department by order and in the name of the Governor of Madhya Pradesh. 5962/83 M s. Chabaldas and Sons had also raised disputes on 23rd June, 1971 before the Superintending Engineer. Oak as the sole arbitrators as per clause 3.3.29 of the companytract document for the arbitration of the disputes between the companytrac tors and the Government in respect of the work awarded to M s. M.K. The arbitrator adjourned the arbitration proceedings affording the State of Madhya Pradesh an opportunity of seeking appropriate directions from the Court. The Communication is by order and in the name of the Governor of Madhya Pradesh. The Government of Madhya Pradesh acceded with the request and on 26.11.77 appointed Shri C.H. The opening sentence of the letter states that the State Government in companysultation with M s. K. Shah Engineers and Contractors were pleased to appoint Shri W.V. A petition under Section 33 of the Arbitration Act was filed before the companyrt seeking determination of the effect of arbitration clause and inviting adjudication by the companyrt on the plea of the State of Madhya Pradesh that the disputes raised by the companytractor were number arbitrable in view of the arbitration clause. Before him also a preliminary objection to the maintainability of the arbitration proceeding was taken up submitting that the same was number preceded by Superintending Engineers decision under clause 3.3.29 whereafter only and within 28 days the arbitration companyld have been demanded. It appears that the Superintending Engineer referred all the disputes raised by the Contractor to a sub committee membered by highly placed officials of the State Government. Sanghvi, a sole arbitrator in place of Shri L. Pandey. The State of Madhya Pradesh filed an application under Sec tion 33 of the Arbitration Act before the Addl. On 28.11.1973, the Deputy Secretary of Government of Madhya Pradesh Irrigation Department sent a companymunication to the petitioner informing that the State Government in companysultation with the companytractor were pleased to appoint Shri K.L. The companytractor had put forth claims aggregating to over Rs. The companytractor had put forth claims exceeding Rs. Oak, the arbitrator entered upon the reference. Oak. On 7.8.71 the companytractor raised several disputes annexing a statement thereof with his letter and seeking reference of the disputes for adjudication by arbitration as per clause 3.3.29 of the agreement. Sanghvi retired Chief En gineer Irrigation Department as an arbitrator for deciding the disputes previously referred to late Shri W.V. On 11.1.74 the Deputy Secretary to Government of MP Irriga tion Department acting by order and in the name of Governor of Madhya Pradesh appointed Shri W.V. 62 lacs while the respondent State of MP had raised a debit against the companytractor of over Rs. On being numbericed, the State of Madhya Pradesh proposed a panel of three names. Making a numbere of all such facts the companytractor on 27.10.1972 addressed a companymunication to the Chief Secretary, the Secretary to Government Irrigation Department , the Engineer in Chief, the Superin tending Engineer, and the Secretary Central Board Major Project lodging a strong protest to the action of the Superintending Engineer having delegated his function of taking decision in terms of the companytract to the sub committee. Shah, Engineers and Contractors, the appellant in Civil Appeal No. A list of disputes raised by the companytractor was annexed with the letter with a request to take steps in the direction of appointment of an arbitrator. 50 lacs against the companytractor and had also preferred companynter claims. District Judge, Bhopal seeking an adjudication that the items of claim put forth by the companytractor before the arbitrator were beyond the scope of the arbitration clause and a declaration to that effect was sought for and prayed. If the claim was rejected by the Superin tending Engineer as companymunicated by the Executive Engineer in his letter dated 26.7.1971, the appellants were fully justified, and had also acted within time, in demanding reference to arbitration by their letter dated 7.8.1971. Electricity Board Jabalpur as the sole arbitrator for deciding the disputes between M s. M.K. The companytractor M s. Chabaldas Sons made a demand for filling up the vacancy. Provided that if any party to the companytract is dissatisfied with the final decision of the Superintending Engineer, in respect of any matter, he may, within 28 days after receiving the numberice of such decision give numberice in writing to the Superintending Engineer, requiring that the matter may be referred to arbitrator and fur nishing detailed particulars of the dispute or difference and specifying clearly the point at issue, if any party fails to give such numberice within 28 days as stipulated above, the decision of the Superintending Engineer, already given shall be companyclusive, final and binding on the parties. The order of the Court dated 25.11.75 was acted upon by the respondent State of Madhya Pradesh which by letter dated 5.5.77/19.5.77, issued by Deputy Secretary to Govern ment Irrigation Department by order and in the name of Governor of Madhya Pradesh appointed Shri C.M. During the pendency of the application, Shri W.V. Shri K.L. The respondent State of Madhya Pradesh having failed to appoint an arbitrator, the petitioner moved an application under Section 20 of the Act before the Additional District Judge, Bhopal. The operative part of the award reads as under I make and state the award as below The respondents, the State of Madhya Pradesh, will pay the claimants, M. s. K. Shah, the following Rs. The award dated 26.9.1978 is a number speaking award, operative part whereof reads as under I make and state the award as below The respondents, the State of Madhya Pradesh, will pay the claimants, M s. Chabaldas and Sons, the following Rs. Oak expired on 26.6.75. The companytracts entered into with the two companytractors by the respon dent State of MP have an arbitration clause around which centers the companytroversy arising for decision in the two appeals. In case an arbitration is to be held it shall be effected by an arbitrator to be appointed by the State Government out of panel of three names suggested by the State Government to the companytrac tor, who shall give companycurrence within a period of one month from the date of the companymunication. The disputes relating to the two companytracts are referable to company struction of Barna Main Dam across River Barna, a tributary of Narmada near Bhopal. As the State of Madhya Pradesh failed to companyply, a petition under Section 8 2 of the Act was filed by the petitioner before the Addl. Oak, Chairman M.P. 3.5.29 DECISION OF SUPERINTENDING ENGINEER TO BE FINAL EXCEPT WHERE OTHERWISE SPECIFIED IN THE CONTRACT The decision of the Superintending Engineer of the Circle for the time being in respect of all questions and disputes relating to the meaning of the specifications designs drawing and, instructions here in before mentioned and as to the quality of workman ship or material used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the companytract, designs, drawings, specifications estimates, instructions orders or those companyditions or otherwise companycerning the work of execution or failure to execute the same, whether arising during the progress of the work or after the companypletion or aban donment thereof, shall be final. 70 lacs while the respondent State had raised a debit of over Rs. The State of M.P. The letter opens with a statement that the State Government were pleased to accord sanction in the case in which Shri C.H. in full settlement of claims, companynter claims, debits and credits on both the sides. Contract for companystruction of group No. It appears that both the companytractors companyld number companyplete the work assigned to them and disputes arose between them and the respondent State. These two civil appeals have been preferred by two companytractors feeling aggrieved by the orders of trial companyrt upholding the objections preferred by the respondent State under Sections 16 and 30 of the Arbitration Act, 1940 and setting aside the awards given by the Ar bitrator which orders have been maintained in revision by the High Court of Madhya Pradesh. During the pendency of the above said petition, Shri K.L. to be released to the claimants by the respondents in a manner to relieve the claimants from the guarantees. Shah vide the companytract in question. Pandey expired. Pandey entered upon the reference. 2 companysisting of block numbers 11 to 23 was entered into with M s. Chabal das Sons, Contractors. The companyrt allowed the petition and appointed Shri G.H. 28 lacs. Being security deposit of the claimants, lying with the respon dents Rs. 5,28,752 Rupees five lakhs, twenty eight thousand, seven hundred fifty two returned to the claimants Rupees fifteen lakhs, nine thousand, one hundred and thir ty one only in full settlement of claims, companynter claims, debit and credits on both the sides Simple interest 8 calcu lated Eight percent per annum on the amount of item a above from 9.3.73 ninth March nineteen seventy three to the date of Court decree or date of payment whichever be earlier. There were also companynter claims made by the respondent State of P. on account of loss of revenue and interest on capital which was locked up in incomplete works. 1 companysisting of block numbers 1 to 10 was given to M s. M.K. Simple interest at 8 eight percent per annum on the amount of item a above from 9.3.73 Ninth March Nineteen Seventy three to the date of Court decree or date of pay ment, whichever be earlier. The award is a number speaking one. The main dam came under groups 1 and 2 companysisting of blocks 1 to 23. 52 cash The bonds or pro notes will be released duly re en dorsed in favour of the claimants, as necessary. The companytracts were terminated in between and the remaining parts of the work were got executed through other agencies. The entire work was divided into five groups namely 1 to 5. got the petition under Section 33 of the Act dismissed as having been rendered infructuous. 5961 of 1983. 1999 1 SCR 419 The Judgment of the Court was delivered by C. LAHOTI, J. The same is extracted and reproduced hereunder. In either case the position does number improve for the respondent. The parties will bear their own companyts. The two appeals have been heard analogously and are being disposed of by this companymon order. C.A.

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1999_79.txt

to that of H.S.A. 3520 3524 of 1979. and District Educational officers. should be transferred back as H.S.A after six years of service as A.E.O. So in the case of Assistant Educational officers probation has to be insisted on. Four months as personal assistant to Educational officer. Six months with Assistant Educational officer of which the last three months shall be as Head Clerk of the Assistant Educational officers office. , that the two posts are interchangeable and that companysequently the reversion of the solitary appellant in each case from the post of A.E.O. It is number disputed before us that each of the appellants had been holding the post of A.E.O. 3520 to 3524 of 1979 which are directed against a companymon judgment dated 11 9 1979 of a Division Bench of the High Court of Kerala holding that in the Department of Education of the State of Kerala the post of Assistant Educational officer hereinafter described as A.E.O. is number a promotion post vis a vis that of a High School Assistant hereinafter referred to as H.S.A. for more than six years companytinuously when his reversion was ordered in implementation of the instructions issued by the State Government through a letter dated the 19th May, 1977 to the effect that every A.E.O. 1791, 1836 1892/79. It companytains, amongst others, the following directions The persons selected will be required to undergo pass the following training programme departmental tests Assistant Educational officers, Training One year as Headmaster of an Upper Primary School. Promotions to these posts will hereafter be made on a selection basis. The above orders will be given effect from the 1st September 1961 Annexure D is a letter dated 17th February 1969 from the Director of Public Instructions to the District Educational officer, Trivandrum and states, inter alia, The question of probation arises only when there are functional differences. Promotion on the basis of seniority alone is number companyducive to efficiency. The last of the three documents is an order dated 19th October 1974 issued by the State Government introducing direct recruitment to the posts of A.E.Os. Govindan Nair. 241, 242/77 and Original Petition Nos. Each reversion was challenged before the Kerala High Court by means of a petition under article 226 of the Constitution of India with the prayer that the same be quashed. Mrs. Baby Krishnan and N. Sudhakaran for the Appellants. Appeals by Special Leave from the Judgment and Order dated 11 9 1979 of the Kerala High Court in Writ Appeals Nos. M. Abdul Khader, V. J. Francis and Sushil Kumar for the Respondents. By this judgment we shall dispose of Civil Appeal Nos. is number violative of article 16 of the Constitution. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. The Judgment of the Court was delivered by KOSHAL, J. or even earlier on administrative grounds. The five appeals have been admitted in pursuance of special leave granted by this Court.

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1980_241.txt

Added thereto was the remark of the trial companyrt about the demeanor of the witness P.W.6. At the trial P.W.7 fully supported the prosecution case, deposing that P.W.6 had before him identified the appellant as the dacoit carrying a revolver. The appellant was allegedly one of the dacoits. Thereat, P.W.6 was able to identify the appellant as one of the dacoits besides others, with whom we are presently number companycerned with, and claimed that he was the one who had a revolver with him which he employed during the companyrse of the occurrence. Bharatji Misra, P.W.7. P.W.6, however, chose number to identify the appellant at the trial and rather said that he companyld number recognize the accused whom he had identified at the indentification parade. A person was killed during the companyrse of companymission of dacoity and the dacoits caused hurts to others and looted their property. The Train Ticket Examiner, P.W.3, was also one of the occupants in the train who was injured. At that juncture, the trial judge recorded his remarks as to his demeanor that the witness perhaps was afraid of the accused. The occurrence took place shortly after the train left Keshar station for its onward journey to Calcutta. W.6, Diwakar Yadav, was one such person who was robbed. It thus became evident that the witness was frightened to accord recognition to the appellant at the trial. When his pointed attention was drawn towards the appellant, he did number identify him. He was put to identification parade companyducted by Judicial Magistrate. The appellant, was later arrested as one of the culprits. The matter was reported to the police by W.3. This incident happened in the State of Bihar.

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1996_559.txt

Some officers of Grade III who were senior in the basic grade but had lost their seniority in Grade III because of their later promotions and who were number companysidered for upgradation to Grade IV under the BCR Scheme, namely, Smt. Grade IV Chief Section Supervisor Pay Scale Rs.2000 3200. in the scale of Rs.1600 2660 Grade III and who may have already been given the scale of Rs.2000 3200 Grade IV at the companyt of those who were senior in the basic grades by any different interpretation of the BCR Scheme, may in the discretion of the Government instead of being reverted, be companysidered for promotion to scale of Rs.2000 3200 Grade IV by suitable adjustments in the number of posts by upgradation as necessary. Moreover, after a review of the procedure for promotions from Grade III to Grade IV, the Government issued a fresh circular dated 13.12.1995 saying that promotion to Grade IV may be given from amongst officials in Grade III on the basis of their seniority in the basic grade, subject to fitness determined by the DPC and subject to the ceiling of 10 of the posts in Grade III scale Rs.1600 2660 as provided in the BCR Scheme. and the Tribunal in its order dated 07.07.1992 directed that promotions of 10 posts in the scale of Rs.2000 3200 Grade IV would have to be based on seniority in the basic grade subject to fulfillment of other companyditions in the BCR Scheme and further directed the Government to companysider the applicants in the O.A. No.1455 of 1991 as affirmed by this Court in Civil Appeal No.3201 of 1993, supernumerary posts were created in the scale of Rs.2000 3200 Grade IV to adjust the employees who had already been given the scale of Rs.2000 3200 on the basis of their seniority in the scale of Rs.1600 2660 Grade III . Hence, the respondents were number entitled to claim any promotion to Grade IV on the basis of their seniority in the basic grade on the basis of the order dated 07.07.1992 of the Tribunal in O.A. Initially, promotions from one Grade to the higher grade were made on the basis of seniority to the 2/3rd of the posts and on the basis of departmental examination to the 1/3rd of the posts. No.2099 of 1997 before the Central Administrative Tribunal companytending that employees who were juniors to them in the basic grade but otherwise senior in Grade III, had been given promotion to Grade IV earlier to the dates when the respondents were given such promotion and by a companymon order dated 11.08.2000 the Tribunal allowed the O.As. The Government then issued clarifications on some points in its letter dated 11.03.1991 on the BCR Scheme. and directed the Government to companysider promoting them to Grade IV with effect from the dates their immediate juniors in the basic grade seniority were so promoted subject to their otherwise being found fit for promotion on such dates with companysequential benefits including seniority and arrears of pay and allowances and retiral benefits in the case of those who had retired on superannuation. Pursuant to the order dated 07.07.1992 of the Tribunal in O.A. No.1455 of 1991 before the Central Administrative Tribunal, New Delhi, companytending on the basis of clarification on Point No.10 made in the letter dated 11.0.3.1991 that under the BCR Scheme, seniority in the basic grade was to be companynted for the purpose of upgradation on companypletion of 26 years of service and this companytention was resisted by the Government and other respondents in the O.A. Under the BCR Scheme, those employees, who were on regular service as on 01.01.1990 and had companypleted 26 years of satisfactory service in the basic grades, were to be screened by a duly companystituted Committee to assess their performance and determine their suitability for advancement and if they were found suitable they were to be upgraded in the higher scale. With effect from 30.11.1983, the Government of India, Ministry of Communications, Department of Telecommunications for short the Government introduced One Time Bound Promotion Scheme under which regular employees, who had companypleted sixteen years of service in a grade, were placed in the next higher grade. Thereafter, by a circular dated 16.10.1990 the Government introduced a new Scheme known as Biennial Cadre Review for short the BCR Scheme . Point No.10 and the clarification thereon in the letter dated 11.03.1991 are quoted hereunder Point raised by the field unit Clarification Whether Officers The seniority of officials is already having pay scale of to be maintained with Rs.1600 2600 will rank reference to the basic senior to Officials in the cadres and functional scale of Rs.1400 2300 for promotional posts they the 10 quota Rs.2000 hold and number merely with 3200 reference to the pay scales. In the order dated 07.07.1992, the Tribunal, however, observed that employees who may be senior to the applicants in the O.A. The circular dated 16.10.1990, however, limited such upgradation to 10 of the posts in the lower pay scale and the review of the cadres for the purpose of such upgradation was to take place once in two years. No.1455 of 1991 as affirmed by the order dated 09.09.1993 of this Court in Civil Appeal No.3201 of 1993. Santosh Kapoor and others, filed O.A. The Government challenged the order dated 07.07.1992 of the Tribunal in Civil Appeal No.3201 of 1993 but by order dated 09.09.1993 this Court held that the direction by the Tribunal cannot be faulted and accordingly dismissed the appeal. No.4370 of 2006 Shri Chiddu Singh and others filed O.A. No.4369 of 2006 Shri Ghanshyam Dass and others filed O.A. No.4555 of 2002 and W. No.4556 of 2002. No.2484 of 1997 and the respondents in C.A. from due dates with companysequential benefits. The respondents in C.A. These two appeals are against two separate but identical orders passed by a Division Bench of the High Court of Delhi on 22.05.2003 in C.W. K. PATNAIK, J.

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2011_107.txt

Said Anna Mariana was a Mundkar of the plaintiffs prior to Jose. The said mundkarial house was in occupation of one Jose Francisco DSilva hereinafter referred to as Jose prior to 1977 as a Mundkar of respondent Nos.1 and 2 and after the death of said Jose in October, 1977, the original defendant No.1 Mrs. Filomena who is the wife of said Jose, succeeded him. On 31st August, 2000, the suit was decreed in favour of the plaintiffs respondent Nos.1 and 2 declaring that the plaintiffs are the owners of the suit house which is occupied by defendant No.2 and further defendant No.2 was ordered to be evicted from the suit house. Respondent Nos.1 and 2 further learnt that the original defendant No.1 Mrs. Filomena had started residing with her daughter at Verna. Admittedly, defendant No.1 Mrs. Filomena denied the plaintiffs ownership of the said suit house and claimed that she is the owner of the same in the Mundkars case which was pending before the Mamlatdar of Salcete. b whether the widow of the said Jose Francisco DSilva had been residing with her married daughter at Verna and neither the defendant number their children occupied the mundkarial house? On 19th March, 1981 the plaintiffs, being respondent Nos.1 and 2 herein, filed a suit in the Court of Civil Judge, Junior Division, Salcete, being Regular Civil Suit No.127/81/F against defendant No.1 Mrs. Filomena and defendant No.2 Shri Naik , inter alia, for the following reliefs Declaration that plaintiffs are owners of the suit house presently occupied by defendant No.2 and Eviction of defendant No.2 and possession of the suit house. It is further stated that one Anna Mariana was the Mundkar of the plaintiffs and had been residing in the dwelling house on being permitted by the plaintiffs ancestors. In these circumstances, the trial companyrt framed the following issues a whether the plaintiffs are the owners in possession of the property known as Madel and also an old mundkarial house in North East companyner of the plaintiffs property and that the same house was occupied by one Jose Francis DSilva as Mundkar of the plaintiffs? The said house has been abandoned since the occupation of defendant No.2 was illegal and unauthorised. 1 and 2 for eviction of the Mundkar, defendant No.1 challenged the jurisdiction of the Mamlatdar to try the matter on the ground that her husband was the owner of the house. It is admitted by respondent Nos.1 and 2 in the plaint that the property companyprised of a mundkarial house which existed in the North Eastern companyner of the plaintiffs respondents property. In the circumstances, an execution application was instituted seeking eviction of defendant No.2 from the suit house. On failure of original defendant No.2 to hand over possession, respondent Nos.1 and 2, on 30th September, 1980 filed an application bearing No.27/80 for eviction of the Mundkar in the Court of the Mamlatdar, Margao, Salcete, on the ground that Mrs. Filomena Rodrigues, i.e., original defendant No.1, has ceased to occupy the mundkarial house for more than one year. 1 and 2 received a numberice from the Advocate of the original defendant No.1 dated 25th October, 1980, calling upon them number to interfere with the property of defendant No.1, claiming that she is the owner of the mundkarial house. The said suit was companytested by defendant No.1 by filing written statement and it is further to be numbered that defendant No.1 claimed title by prescription as well as by way of adverse possession. It appears that in the year 1980, respondent Nos.1 and 2 found that respondent No.7 Shri Naik, being original defendant No.2 was residing illegally and without authority in the suit house. Respondent Nos.1 and 2, therefore, by a letter dated 12th August, 1980, called upon original defendant No.2 Shri Naik therein to vacate the said house and hand over possession to the respondent Nos. Incidentally, it is to be numbered that defendant No.2 did number file any written statement before the trial companyrt. Arguments were also put forwarded on behalf of said defendant No.1/judgment debtor that since the suit was number maintainable as the case filed before the Mamlatdar by the plaintiffs respondent Nos.1 and 2 was dismissed, therefore, the suit was barred by res judicata. After companysidering the facts and the submissions made on behalf of the parties, the High Court held that the objections which were filed before the executing companyrt by the judgment debtor, was numberhing but an attempt to stall and defeat the execution proceedings and further held that the said mundkarial house in the North Eastern companyner of the property was occupied by defendant No.2 without the companysent and or permission of the plaintiffs respondent Nos. No appeal was preferred from the said decree by any of the defendants and the decree attained its finality. Defendant No.1 tried to rely upon the entries made in the Matriz Records and further companytended that the said entry in the record had numberbearing with regard to the ownership rights of the defendants, on the companytrary, the plaintiffs relied upon the Certificate of Land Registration. The facts revealed in this case are that respondent Nos.1 and 2 are the owners of the property known as Madel situated at Curtorim, Salcete, Goa, which was allotted to them by a Deed of Partition registered before the Notary Public. The heirs of defendant No.1 companyprising the appellant also, objected to the said proceedings companytending that the suit was misconceived and the decree passed by the Civil Court was a nullity. In the said proceedings before the Mamlatdar initiated by respondent Nos. Being aggrieved by the said order passed by the executing companyrt, respondent Nos.1 and 2 filed a petition before the High Court. The executing companyrt after companysidering such objection of the judgment debtor on 11th February, 2003 rejected the said execution application. 1 and 2. 1 and 2 . The respondent Nos. The High Court duly numbericed that the trial companyrt while deciding the issues framed, duly companysidered the facts which were incidental thereto.

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2014_605.txt

SUBJECT Representation of members of Scheduled Castes Tribes and Backward Classes in service in Punjab. In the said examination, the appellant who was a member of the Scheduled Castes secured third position in the order of merit amongst the candidates belonging to the Scheduled Castes , the other two candidates above him being Harinder Singh Khalsa and Hans Rai Megh. 3 in the order of merit amongst the candidates belonging to the Scheduled Castes in the aforesaid examination and only two posts, one each for the years 1971 and 1972, in the Punjab Civil Service Executive Branch were available for members of the Scheduled Castes on the basis of 20 quota reserved for them against which Harinder Singh Khalsa and Hans Raj Megh Were appointed, the appellant companyld number be recruited to the Punjab Civil Service Executive Branch . The Commission recommended 12 persons including the aforesaid three persons who belonged to the Scheduled Castes for recruitment to the Punjab Civil Service Executive Branch . Being the next candidate in order of merit amongst the Scheduled Castes candidates in the select list of the Punjab Civil Service Executive Branch , the appellant made a representation to the State Government claiming on ad hoc basis the vacancy caused by the resignation of Harinder Singh Khalsa in accordance with the State Governments instructions companytained in Circular letter No. v. State of Punjab Ors. 2504 of 1975 . Consequent upon his selection for appointment in the Indian Administrative Service, Harinder Singh Khalsa, who had joined the post of Extra Assis tant Commissioner in the Punjab Civil Service Executive Branch on or about June 21, 1974 resigned his office and was relieved therefrom on August 11, 1974. Sir, I am directed to refer to Punjab Government letter No. He was, however, appointed as A Class Tahsildar in one of the Allied Services as per the second preference indicated by him in his application seeking admission to the Punjab Civil Service and Allied Services Examination. Chief Secretary to Government, Punjab TO All Heads of Departments, Commissioners of Divisions, Deputy Commissioners and the District and Sessions Judges in the Punjab and the Registrar, High Court, Punjab. WGII 13 29 61/5598 From Shri E. N. Mangat Rai, I.C.S. WG II 13 29 61/5598 dated March 6,1961.the validity whereof had been upheld by a Division Bench of the Punjab Haryana High Court vide judgment dated May 26, 1966 in C.W. Appeal by Special Leave from the Judgment and Order 3 9 1976 of the Punjab Haryana High Courts in Civil Writ Petition No. 3063 of 1965 entitled Harbhajan Lal Mudgil Anr. 2504 of 1975 filed by the appellant under Articles 226 and 227 of the Constitution. This appeal by special leave is directed against the judgment and order dated September 3, 1976 of the Punjab Haryana High Court dismissing the writ petition No. 2962 of 1977. CIVIL APPELLATE JURISDICTION Civil Appeal No. The said Circular letter reads as follows No. K. Mehta and K. R. Nagaraja for the Respondent. R. Agnihotri and P. C. Bhartari for the Appellant. The Judgment of the Court was delivered by JASWANT SINGH, J. Dated Chandigarh, the 6th March, 1961. As the appellant had been placed at serial No. No.

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1978_386.txt

Examination as required by Rules framed by the Mysore Government and called The General Service Treasury Bench Recruitment Rules, 1961 which were amended with effect from the 1st June, 1961 by the Mysore General Service Treasury Bench Recruitment Special Rules, 1961. There is numberdoubt that having regard to the length of service, the respondents were the senior most clerks and had therefore been promoted to the cadre of the Head Accountants. The central companytroversy which was mooted in this case was as to whether or number the respondents who were 1st Division Clerks companyld be promoted as Head Accountants without passing the S.A.S. Murtaza Fazal Ali, J. These appeals by Special Leave at the instance of the State of Karnataka are directed against the judgments of the High Court of Karnataka allowing the writ petitions filed by the respondents.

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1980_58.txt

Mool Raiyat Ka Jote was land tenure in Santhal Parganas. Requisite rent of the land was to be handed over by the Mool Raiyat to the Ghatwal. That after the said purchase Shri Bimal Kanti Roy Choudhury got his name mutated in respect of 8 annas interest in Mool Raiyat Ka Jote of the said mauza Billi in Revenue Miscellaneous Case No. Shri Bimal Kanti Roy Choudhury was subsequently appointed as 16 annas sarbarakar of the said mauza. 65 and was also acting as sharer of 8 annas Mool Raiyat Ka Jote and 16 annas sarbarakar of the said Mauza. As occupants of lands, they were called Raiyats with their headman as Mool Raiyat. And then is found the order dated 28th December 1939 of the Deputy Commissioner approving the transaction and the mutation in favour of the vendee Bimal Kanti Roy Choudhury. 4 Mathura Prasad Singh, was appointed as Mool Raiyat to the extent of his interest in the said Jote amounting to 8 annas and as 16 annas sarbarakar of the said mauza. Thereafter on 9th October 1939 vendees agent and landlords agent were present and numberone appeared for the companysharers of the late Mool Raiyat. On 2nd November 1939 vendee was present. That by Sale Deed dated 26th June 1950 said Bimal Kanti Roy Choudhury sold his entire right, title and interest in the Mool Raiyat Ka Jote to Shri Radha Prasad Singh, father of the appellants for a companysideration of Rs. After the aforesaid purchase the vendee Bimal Kanti Roy Choudhury moved an application before Sub Divisional Officer, Deoghar district, Santhal Par ganas, for getting clearance of the transaction and for getting his name mutated in the records as a vendee of the transferred lands. It is the case of the appellants that as the entire family of Sarju Singh Bhatu Singh was heavily indebted and was in need of money, the said 8 annas interest in Mool Raiyat companyprising 38 acres 9 decimals representing his share in Nij Jote came to be sold by said Bhatu Singh and his brothers to one Bimal Kanti Roy Choudhury on 22nd March 1939. The said inference is inevitable as but for the said mutation in favour of vendee Bimal Kanti Roy Choudhury would never have been sanctioned by the companypetent authority at the relevant time. They amongst themselves had 8 annas interest in the said jote. It was attached to the Mool Raiyat who as a village headman was responsible for the companylection of land revenue in times of British rule. The further case of the appellants is that the said vendors had been in possession of 38.09 acres of land in lieu of their 8 annas interest in Mool Raiyat by family arrangement with their company sharers. On the death of Sitaram Singh his eldest son Sarju Singh alias Bhatu Singh was appointed Mool Raiyat of the village in place of his father in Revenue Miscellaneous Case No. 21 of 1939 40 by an order of the Sub Divisional Officer, Deoghar dated 27th November 1939 which was duly approved by Deputy Commissioner, Dumka on 28th November 1939. 65 of mauza Billi within Police Station Madhupur, in the district of Santhal Parganas in the State of Bihar was recorded in the names of Sitaram Singh, Jaleshwar Sihgh, Yudhisthir Singh and Kastura Kumari Devi as Mool Raiyat Ka Jote. It was held by the Additional Deputy Commissioner that the original sale transaction by Bhatu Singh in favour of Bimal kanti Roy Choudhury dated 22nd March 1939 was violative of provisions of Section 27 1 of the Santhal Parganas Settlement Regulation, 1872 hereinafter referred to as Regulation which applied at the relevant time and companysequently the subsequent sale by Shri Bimal Kanti Roy Choudhury in favour of appellants father was equally violative of the provisions of Section 20 1 of the Act. Hence numberices were issued to the companysharers of the late Mool Raiyat why their share would number remain in security. The said appointment was duly approved by the Deputy Commissioner of Santhal Parganas. The vendee Radha Prasad Singh during his lifetime remained in possession of the aforesaid 38.09 acres of land of Jamabandi No. The vendee Radha Prasad Singh got his name mutated in the Revenue Miscellaneous case No. In the impugned judgment the Full Bench took the view that the earlier transaction of 22nd March 1939 was violative of Section 27 of the Regulation and that the possession of the vendee through Bimal Kanti Roy Choudhury from that date was adverse to the vendors but by the time the Act applied to Santhal Parganas with effect from 1st November 1949 the said vendee Bimal Kanti Roy Choudhury had number companypleted 12 years of adverse possession and companysequently the transaction in his favour and the subsequent transaction by him in favour of appellants father on 26th June 1950 were liable to be voided both under Section 27 1 of the Regulation as well as Section 20 1 of the Act read with Section 42 thereof. 4 to 15 carried the matter in appeal before Deputy Commissioner Santhal Parganas. On 19th August 1939 the landlords agent objected to the clearance of the transaction by saying that the security offered by other companysharers was insufficient and that the purchaser had taken only Mool Raiyats interest. 4 to 15 claiming to be the original companysharers of the mauza filed an application before Sub Divisional Officer, Deoghar against the appellants for their eviction from 38.09 acres of land of Jamabandi No. The Sub Divisional Officer heard and adjourned the matter for orders on 27th November 1939. The proceedings remained under Scrutiny from 31st May 1939 till 28th December 1939. 40 of 1950 51 of the Court of Sub Divisional Officer, Deoghar. Matter was put up for orders on 2nd November 1939. 99 of 1938 39 of the Court of Sub Divisional Officer, Deoghar. A Jamabandi No. In the first instance learned Sub Divisional Officer, Deoghar, rejected the said application. The landlord Ghatwal did number file any objection through his agent as numbered in the proceedings of 1st July 1939. After the death of Radha Prasad Singh, appellant No. v. Sub Divisional Officer of Jamtara and Ors. The vendee remained present thereafter and the matter got adjourned from time to time. But the learned Sub Divisional Officer, Deoghar by his order dated 31 August 1951 declared the possession of the appellants father. The proprietor landlord was called Ghatwal. and posed the question whether the earlier Full Bench decision companyered the companytroversy posed for their decision in the present case and if so what was the precise mandate of the earlier Full Bench decision. The Full Bench speaking through S.S. Sandhawalia, CJ., on this moot question referred to an earlier decision of the Full Bench of that Court in the case of Bhauri Lal Jain and Anr. As the companytesting respondents sought to disturb the possession of Radha Prasad Singh proceedings under Section 145 CrPC were initiated. They sought the aforesaid relief under the provisions of Section 20 Sub section 5 read with Section 42 of the Santhal Parganas Tenancy Supplementary Provisions Act, 1949 hereinafter referred in as the Act . The aforesaid facts which have been brought on record and on which learned Counsel for the authorities companyld number obviously offer any objection, leave numberroom for doubt that the first transaction of sale dated 22nd March 1939 was duly scrutinised by the companypetent authorities and the Deputy Commissioner who approved the same. The aforesaid decision of the appellate authority resulted in further Revenue Miscellaneous Appeal before Commissioner, Bhagalpur Division, who by order dated 2nd June 1976 dismissed the same and companyfirmed the eviction order passed by Additional Deputy Commissioner, Dumka. The appellants Writ Petition was heard by a Full Bench companysisting of the then Chief Justice S.S. Sandhawalia, Justice S Ali Ahmad and Justice B.S. Resultantly the Full Bench did number find fault with the decision rendered by the lower authorities against the appellants. It was registered as Revenue Eviction case No. He, therefore, submitted the matter to the Deputy Commissioner for orders. Revision against the said order was rejected by Sessions Judge, Dumka. The Full Bench numbered that this was the significant solitary question arising from a deep seated companyflict of precedent within that Court which had necessitated that reference to the Full Bench. The said order was passed after service of numberice on all the companyowners of Jamabandi No. It was transferred to the file of Additional Deputy Commissioner, Dumka, who by his order dated 30th September 1975 allowed the appeal and ordered eviction of the appellants. Hence the appellants were liable to be evicted from the land. 567 of 1950. Hence strictly speaking they are out of the arena of companytest and number the companytest remains between the officers of the State of Bihar, namely, respondent Nos. Sandhawalia, CJ., also numbered in his judgment that in view of his decision he was disinclined to permit or advert to the ancillary companytentions sought to be urged in the alternative for the first time in the writ jurisdiction by the appellants. This appeal on special leave is directed against the decision rendered by a Full Bench of the Patna High Court dismissing the Writ Petition filed by the appellants. The said sale was effected for a companysideration of Rs. The said order of mutation was passed after service of numberice on all the opposite parties, respondent Nos. Accordingly mutation was carried out on 24th January 1940 and papers were companyrected. 65 alleging that the same had been illegally alienated. Thus for seven months the enquiry went on and ultimately the aforesaid decision was rendered. 67 of 1970 71. Notices were duly served. It was only thereafter that in the year 1970 71 respondent Nos. We may numbere at this stage that the companytesting respondents who had moved a separate Special Leave Petition to the extent they were aggrieved by the decision of the majority of the High Court setting aside the direction for restoration of the land in their possession companyld number persuade this Court to admit their Special Leave Petition which had stood dismissed. 17,000. 1 to 3 and State of Bihar, respondent No. In order to appreciate the grievance of the appellants it will be necessary to numbere a few relevant facts leading to these proceedings. The appellants thereafter carried the matter to the High Court under Articles 226 and 227 of the Constitution of India. 16 on the one hand and the appellants on the other. They were registered as Criminal Case No. 4 to 15. Respondent Nos. So far as this aspect is companycerned unfortunately the attention of the High Court does number seem to have been drawn to it. B. Majmudar, J. Sinha. 10,000.

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1997_1406.txt

Subsequently, it appears that he changed his mind and before an order companyld be passed in the withdrawal application he filed an application praying for withdrawal of the earlier withdrawal application. He filed an application to withdraw the said suit. 1301 of 1997 before the Court of Civil Judge Junior Division Varanasi. Hence, the second application was number maintainable. This Appeal, by special leave, has been filed against the impugned judgment of the High Court of Allahabad dated 06.02.2004 passed in FAFO No.2103/2003. It appears that the appellant was the plaintiff in Suit No. The second application had been dismissed and that order was upheld by the High Court. Hence, this appeal by special leave. No one appeared for respondent No. Heard learned companynsel for the appellant and respondent Nos. 1 to 3.

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2011_42.txt

1774 of 1990. Goel, Mrs. Sheela Goel andK.K. 4457 of 1990. , V. Sehgal, A.K. 1175 2675 to Middle Manage ment Grade II Rs. 13 of 1990. 1774 of 1990 is against the judgment of the Delhi High Court while Civil Appeal No. Kapur and Sanjay Kapur for the Respondent. 4457 of 1990 arises out of a similar judgment Of the Punjab Haryana High Court. both these appeals are aggrieved by the promotion policy of.the respondent, the State Bank of India companytained in Annexure A ,dated31.10.1983 read with the Circular dated13.9.1989 for promotion from the cadre of junior Management Grade 1 Rs. Shanti Bhushan, S.S. Sharma, R.P. From the Judgment and Order dated 14.2.1990 of the Delhi High Court in C.W.P. CIVIL APPELLATE JURISDICTION Civil Appeal No. WITH CIVIL APPEAL No. Civil Appeal No. These appeals by special leave are disposed of by this companymon judgment since they involve companymon questions. Mohan for the Appellants. The Judgment of the Court was delivered by VERMA, J. The appellants in. No.

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1991_266.txt

His son Dharampal, P.W.6 reached the Mandir and he also found his brothers there at the Mandir. By then the deceased was injured and on being inquired the deceased told P.W.6 that the appellant hit him with an iron pipe while he was worshipping. P.W.15, a Neuro Surgeon at P.G.I., Chandigarh carried out an operation on 20.11.88 on the injured deeased. On 18.11.88 he had gone to Mandir to worship where at about 7.45 A.M. he was attacked. Thereupon P.W.6 went and informed the police. Thereafter the injured was shifted to P.G.I., Chandigarh. However, he died on 5.12.88 as a result of head injury due to septicemia ,renal failure, respiratory failure and finally cardio respiratory arrest. The other eye witnesses P.Ws 12 and 13 also informed P.W.6 about the occurrence. The injured was removed to the hospital and was examined by P.W.11, a Doctor at the Primary Health center. Both the companyrts below having believed the evidence of the eye witnesses companyvicted the appellant who was responsible for inflicting the blow on the deceased. The trial Judge acquitted the other three accused but companyvicted the appellant under Section 302 I.P.C. The appellant, who figured as original accused No. simpliciter. 1, was tried alongwith three others under Sections 302 and 302/34 I.P.C. An altered F.I.R. One Umed Singh, aged about 65 years, is the deceased in the case. The companyvicted accused namely the appellant filed an appeal challenging his companyviction and the State also filed an appeal against the acquittal of the other three accused. Jayachandra Reddy, J. was issued and the charge sheet was laid after due investigation. Special leave granted. Both the appeals were dismissed by the High Court.

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1993_694.txt

3, Registrar, Delhi Cooperative Societies, appointed an Administrator to look into the affairs of the Society since the appel. Principal amount to be paid by the respon dents to the Jupiter Cooperative Societies Limited, Vikas Puri, New Delhi. The appellant then filed an appeal under section 76 of the Delhi Cooperative Societies Act, 1972 hereinafter referred to as the Delhi Act in the Delhi Cooperative Tribunal Respondent No. The New Managing Committee of the Society formed in September, 1986, companyplained to the Regis trar, COoperative Societies alleging irregularities by the previous Managing Committee of which the appellant was the President. This matter was referred to arbitration by order dated 12.10.1989 passed by the Joint Registrar Arbitration Cooperative Societies, Delhi Administration. It is also interesting that despite number of chances opportunities having been given to the respondent to file reply to the main points of the claimant society, the defendants S Shri Poonam Dhand and Shri P.J. 6, Jupiter Cooperative Group Housing Society Limited, was formed in 1979 for providing houses to its 130 members including the appellant Prem Jeer Kumar. The relevant portion of the Award is as under It is also interesting to discuss the companyduct of these two respondents of this case, Shri Poonam Dhand and Shri P.J. Even today 30th April, 1990, fixed for hearing numbere came from the side of S Shir Poonam Dhand, P.J. The companytroversy giving rise to this proceeding relates to the alleged discrepancy re garding purchase of some building material in January, 1984, for the companystruction of flats for members of the Society in Vikas Puri at New Delhi. The appellant was earlier the Secretary and then the President of the Society till 1985, by which time substantial company struction had been companypleted. Kumar either presonally or through Advocate. 3204 of 1990. Kumar did number file any reply and followed delaying and dilatory tactics and to defeat the ends of justice. Rs 1,46,2 10.20 Interest at the rate of 18 from 17.4.1985 till all the dues are cleared by the respond ents. The miscellaneous applications relating to the dispute of juris diction of this companyrt and then that since criminal proceedings are pending with the Delhi Police, proceedings in this Court should be kept pending till final decision in the criminal proceedings. Deshpande and C.L. Respondent No, 1, Surender Gandotra was appointed the Arbitrator, who gave his AWard on 1.5. From the Judgment and Order dated 10.10.1990 of the Delhi High Court in C.W. Kumar as they have been moving applications after applications in this companyrt raising vicious and frivolous grounds just to delay the delivery of justice in this case. Sahu, Advs. All these applications were properly attended, scrutinized and dis posed of legally. Soli J. Sorabjee, S.V. 3237 of 1991. Chitale, and S.K. In August, 1985, Respondent No. The members were allotted three room flat for a sum of Rs. lant and other office bearers had held the office for more than two terms. 1, 10,000. Dr. Y.S. Sinha for the Respondents. The Judgment of the Court was delivered by VERMA, J. Respondent No. for the Appellant. CIVIL APPELLATE JURISDICTION Civil Appeal No. Leave is granted. No.

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1991_520.txt

The Department filed an Original Application before the Central Administrative Tribunal, Allahabad Bench in short CAT . 7.5.1985. By order dated 17.12.1997 CAT disposed of the matter holding that the proceedings before it were number maintainable. According to the Tribunal they were entitled to reinstatement with full back wages and companysequential benefits. Those six persons were engaged on daily wages basis in the Telecommunication Department under the SDO, Bijnor. Subsequently, it was brought to the numberice of the CAT that in view of the decision of this Court in L. Chandra Kumar v. The Union of India Others JT 1997 3 SC 589 the proceedings before the CAT were number maintainable. The Original Application was admitted on 5.5.1993 and stay on the direction for the payment of back wages was granted. When they reported back after their voluntary absence they were number given any benefit for the past service and it was decided to treat them to have joined w.e.f. The writ application was filed in February, 1998 and has been dismissed as afore noted by order dated 30.4.1998. The Tribunal by its award dated 17.3.1992 came to hold that there was, in fact, termination, and there was numbercompliance with requirements of Section 25 F of the Industrial Disputes Act, 1947 and, therefore, the action of the Department was illegal and unjustified. Challenge in this appeal is to the order passed by a Division Bench of the Allahabad High Court dismissing the writ petition filed by the appellant on the ground that an award passed by the Central Government Industrial Tribunal cum Labour Court, Kanpur in short the Tribunal was being assailed belatedly and the writ petition was dismissed on the ground of laches. The appellant took the stand that the companycerned labourers who were casual workers had deliberately remained absent from duty for more than six months. ARIJIT PASAYAT, J.

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2006_1104.txt

During trial, the parties adduced evidence in support of their respective cases and upon companyclusion of the same the trial companyrt came to the companyclusion that the plaintiff failed to prove the ground of change of user, but succeeded in proving the other two grounds and companysequently passed a decree for eviction. The defendants entered appearance and filed written statement companytesting the claim for ejectment on all the grounds. O R D E R This special leave petition was placed for companysideration on 24.09.2007 on which day we dismissed the same, but directed that reasons shall follow which are recorded hereunder.

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2007_1353.txt

Notification No. 66 dated 15.3.1979 for the import of PVC resins. 66 dated 15.3.1979 reads as follows NOTIFICATION PVC resins are exempt from basic import duty. The effect of the withdrawal Notification was to do away the total exemption from the basic customs duty allowed by the said earlier Notification No. 66 dated 15.3.1979 under Section 25 of the Customs Act 1962, exempting PVC resins from the whole of the basic customs duty payable on the import of PVC resins till 31st March 1981. The grievance of the appellants is that they had placed orders for the import of PVC resins on the basis of the exemption granted under Notification No. 66 dated 15.3.1979, and whether the Union of India can be estopped from superseding that Notification by Notification No. 1 issued Notification No. In addition to it, the import of PVC resins is also chargeable to auxilliary duty, additional duty and special duty of customs. 66 dated 15th March 1979, and instead to direct levy of 40 basic customs duty on the imports of PVC resins. resins which at the relevant time were chargeable to basic customs duty under Tariff Entry No. 205 dated 16.10.1980, withdrawing the exemption granted by the 1979 Notification. Simultaneously, another Notification No. 01/06 of the Customs Tariff Act Act 1975 read with Customs Act 1962. The Central Government therefore issued Notification No. dated 18.4.1980 exempting aluminum wire rods and aluminum ingots from the whole of customs duty as well as the additional duty leviable on it. 205 dated 16th October 1980 supra hereinafter withdrawal Notification purporting to supersede Notification No. An exemption numberification issued under Section 25 of the Act had the effect of suspending the companylection of Customs duty. 66 dated 15th March 1979 which was to remain in force till 31st March 1981 and had so adjusted their affairs, that if they are companypelled to pay basic customs duty at the rate of 40 ad valorem in respect of their orders for the import of PVC resins they would suffer a great loss since their goods arrived in India before 31st March 1981 but after the date of withdrawal of the exemption Notification by the Notification dated 16.10.1980. The Customs Act 1962 companysolidates and amends the law relating to customs spread over in the Sea Customs Act 1878, the Land Customs Act 1924 and the Indian Aircraft Act 1934. Before the expiry of the time fixed in the Notification i.e. dated 29.8.1980, withdrawing the earlier Notification No. 2 issued another Notification bearing No. This Notification shall be in force upto and inclusive of 31st March 1981. The exemption Notification was number issued as a potential source of extra profit for the importer. In the meantime, the Central Government issued another Notification No. 66 Cus. The appellants say that they had placed indents with their indenting agents for the import of PVC resins on the basis of the representation that the exemption as granted by the Notification dated 15th March 1979 would companytinue to remain effective till 31st March 1981, but Respondent Nos. Collector of Customs, Correspondence Deptt. The power to grant exemption from payment of duty, additional duty etc. The liability to pay customs duty or additional duty under the Act arises when the taxable event occurs. 16.10.80 was issued which reads as follows New Delhi the 16th Oct. 1980 24th Asvina 1902 SAKA NOTIFICATION CUSTOMS S.R. The exemption Notification, was therefore, issued with a view to off set losses to the extent possible. In the companynter to the Writ Petition filed by the Union of India in the High Court, the justification for the issuance of the exemption Notification No. 145 Customs dated 27th July 1978, the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts polyvinyl chloride resins, falling within chapter 39 of the First Schedule to the Customs Tariff Act 1975 51 of 1975 when imported into India, from the whole of the duty of Customs Leviable therein which is specified in the said First Schedule. 66 Customs, dated the 15th March 1979, the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts polyvinyl chloride resins, falling within chapter 39 of the First Schedule to the Customs Tariff Act, 1975 51 of 1975 , when imported into India, from so much of the duty of customs leviable thereon which is specified in the said First Schedule as is in excess four percent ad volorem. before 31st March 1981. In exercise of the powers companyferred by Sub section 1 of Section 25 of the Customs Act, 1962 52 of 1962 and in supersession of the Notification of the Government of India in the Ministry of Finance, Department of Revenue No. as items number leviable to such duty. In exercise of the powers companyferred by Sub section 1 of Section 25 of the Customs Act, 1962 52 of 1962 . and in supersession of the Notification of the Government of India in the Ministry of Finance, Department of Revenue, No. Aluminum ingots and rods are the basic raw materials used in the production of such companyductOrs. 1671 of 1980 in the High Court of Delhi invoking the doctrine of promissory estoppel and praying for a direction to quash the withdrawal Notification to the extent that it superseded the earlier Notification before, the expiry of the date i.e. 15.3.1979 as amendment by 1780Cus. In order to meet the domestic requirements, it became necessary to import the aluminum ingots and aluminum rods. Thus, the Union of India has disclosed the circumstances under which the exemption was initially granted as well as the change of circumstances which warranted the withdrawal of the exemption numberification. Aggrieved by the issuance of numberification dated 16th October 1980 superseding the Notification dated 15th March 1979, the appellants filed a writ petition CWP No. The appellants in this batch of cases are manufacturers of certain products, requiring PVC resin as one of the raw material for the manufacturing process. was issued by the Central Government exempting the above items from the whole of auxiliary duty as well. 66 dated 15th March 1979, before its expiry date i.e. The appellants claim that on the basis of the promises and assurance companytained in the two exemption Notifications, they companymenced negotiations with the manufacturer and suppliers of the above items for the purchase of these items from aboard. Subsequently, when it was found and realised that the international prices of the product were falling and companysequently the import prices had become lower than the ex factory prices of the indigenous material, the matter was examined by the Government of India and it was decided in public interest to withdraw the exemption Notification. 66 of 1979 under Section 25 1 of the Act. It was stated that it was with a view to equalising sale prices of the indigenous and the imported material and to make the companymodity available to the companysumer at a uniform price, keeping in view the trends in the supply of the material, that the Cabinet had decided to issue the exemption Notification No. Again, at the time when the Notification was withdrawn by the Government there was numberscope for any loss to be suffered by the importers as was clearly stated in the companynter filed by the Union of India and which companytention has remained unrebutted. 31.3.1980 the withdrawal numberification bearing No. It only suspends the levy and companylection of customs duty etc., These two appeals have been filed against the judgment and order dated 3rd March 1983 of the High Court of Delhi. These two batches of appeals by special leave are directed against the judgment of the High Court of Delhi dismissing the writ petitions filed by the appellants, challenging the action of the Union of India in withdrawing a time bound exemption Notification No. of India No. The reasons given by the Union of India justifying withdrawal of the exemption numberification, in our opinion, are number irrelevant to the exercise of the power in public interest, number are the same shown to be insufficient to support the exercise of that power. 174 Cus. 79 Cus. 29.8.79, 37 Cus. The Act with came into force on February 1, 1963 seeks to companyify the entire law relating to sea, land, and air customs into a single companyprehensive measure. 31st March 1981 and a Division Bench of the Delhi High Court vide its judgment and order dated 16th March 1983 dismissed the same. The numberification companytained the clause that the numberification shall remain in force till 30.9.1980. 7370, 12304/83 and 725/84. The appellants in these two appeals are engaged in the manufacture of aluminium companyductors and aluminum companyductors steel reinforced which are supplied to the various State Electricity Boards. 205 dt. The appellants are importers of P.V.C. 66/79 in the public interest was spelt out by the respondents. They are both the source of revenue to the State as well as regulatory measures to protect and promote indigenous industries and trade. 6983, 6984 6985 of 1994 SLP c Nos. S.R. Attested K. Mulick Asstt. 205/F. 355/141/89/Cus. 25.3.80. Sd K. Chandramouli Under Secretary to the Govt. Nos. Leave granted in C.A. S. Anand, J. Respondent No. No.

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1994_672.txt

579/1994 as the trial companyrt as also the lower appellate companyrt did number deem it fit to pass any further interim order and companysequently the applications were dismissed on merits.

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2000_331.txt

Sugarcane Regulation and Supply Act, 1913 and it further observed in the order that the District Magistrate may in exercise of his powers cause arrest of the Directors and occupiers of the sugar mill to recover the dues and in the event of such arrest, they will number be released until they have paid the entire amount due against them. Challenging the said order the appellant sugar mill has preferred the present appeal. This appeal is directed against the interim Order dated 31.7.2013 passed by the High Court of Judicature at Allahabad in Writ Petition number14936 of 2013 whereby the Division Bench rejected the prayer of the appellant to stay the arrest of the Directors and occupiers of the appellant companypany. The Division Bench of the High Court after hearing both sides directed the District Magistrate, Hathras to take immediate action against the Directors and occupiers of the appellant sugar mill against whom several orders have been passed under the U.P. The special leave petition is accordingly dismissed Thereafter the appellant sugar mill filed an application in the pending Writ Petition in the High Court of Judicature at Allahabad seeking for stay of arrest of the Directors pursuant to the order dated 26.4.2013 and the Division Bench of the High Court after hearing both sides and after referring to the earlier orders held that numbermodification vacation of the order dated 26.4.2013 is required and, accordingly, rejected the prayer of stay of arrest. This led to the filing of Writ Petition in Writ C number14936 of 2013 by respondents 1 to 3 seeking for issuance of the Writ of Mandamus directing the appellant herein to release the sugarcane price to them. Respondents 1 to 3 supplied sugarcane to the sugar mill of the appellant in the year 2007 08, for which the appellant has number paid the price in spite of several representations made by the respondents 1 to 3 herein. The appellant sugar mill aggrieved by the said order preferred a Special Leave Petition in SLP C number16633 of 2013 and this Court by order dated 1.5.2013 dismissed the petition by observing thus We have heard Shri Sanjay Parikh, learned companynsel for the appellant and perused the record. NAGAPPAN, J. The facts in nutshell are as follows. Leave granted.

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2014_44.txt

The appellants sent a letter to the respondent on 19.04.2005 informing the respondent that Rs.2,05,000/ had already been paid and they are ready to take possession of the shop and pay the balance amount. a total amount of Rs.3,16,930.96/ on or before 15.12.2004. No interest was awarded and the appellants, therefore, filed revision petition before the National Consumer Disputes Redressal Commission, New Delhi for short the National Commission . According to the appellants, though they were ready to pay this amount the shop was number handed over to them. Since possession of the shop was number delivered, the appellants filed a companyplaint before the District Consumer Disputes Redressal Forum, Delhi for short District Forum . Thereafter, the appellants issued cheques for these amounts but the possession of shop was number delivered. The District Forum directed the respondent to handover the possession of the shop to the appellants on payment of the balance amount of Rs.2,45,000/ with interest 18 per annum from 28.03.2004 till the date of delivery of the possession along with other sundry charges. On 06.12.2004, the respondent wrote a letter to appellant number1 informing her that the shop is ready, requested the appellants to pay the balance amount of Rs.2,75,000/ and maintenance charges etc., i.e. Defence taken by the respondent was that the appellants were number ready and willing to pay the balance amount and, therefore, their amount had been forfeited. Pursuant to this, an agreement was entered into between the parties on 25.01.2004, whereby one shop was agreed to be sold to the appellants for a total companysideration of Rs.4,80,000/ to be paid in installments. The appellants who are the husband and wife jointly applied Signature Not Verified Digitally signed by MEENAKSHI KOHLI for one shop in the Complex which was offered to them by the Date 2017.10.12 161618 IST Reason respondent for a total companysideration of Rs.4,80,000/ . The respondent filed an appeal before the State Consumer Disputes Redressal Commission, New Delhi for short the State Commission and during the companyrse of appeal it was disclosed by the respondent for the first time that the shop in question had already been sold prior to December, 2004 when letter was written to the appellants. The National Commission did number decide the matter on merits but held that the space was a companymercial space and, therefore, the appellants were number companysumers and dismissed the petition. The respondent was building an office companyplex and issued an advertisement Commercial space in Harsha Commercial Complex to be companystructed on Plot No.1, Local Shopping Centre, Gazipur, Delhi. The State Commission numbericed that Rs.1,95,000/ had been paid earlier and Rs.10,000/ had been paid later and, therefore, directed the repayment of this amount within a period of one month. In our view, the National Commission, in a revision petition filed by the companyplainant praying for increase of companypensation and payment of interest, companyld number have dismissed the petition itself. In fact, the respondent had number even challenged the order of the State Commission. Deepak Gupta, J. Leave granted.

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2017_453.txt

The cancellation of the panel was in the circumstances stated to be number improper. There was, it was further submitted, numberprocedural irregularity or other defect in the selection of the petitioners and as such the cancellation of the panel was number proper. The Senior Personnel Officer numberified on October 30, 1970 the ,cancellation of the panel relating to the nine petitioners by the Railway Board. A Panel once approved should numbermally number be cancelled or amended. In view of those four vacancies and 25 per cent for unforeseen vacancies, only five of the petitioners, it was held, companyld be selected for the panel. If after the formation and announcement of the panel with the approval of the companypetent authority, it is found subsequently that there were procedural irregularities or other defects and it is companysidered necessary to cancel or amend such a panel, this should be done after obtaining the the approval of authority next higher than the one that approved the, panel. The fifth petitioner was officiating as head draftsman and the remaining four petitioners were working as draftsmen. The companytention on behalf of the petitioners that, in companysidering the number of vacancies for the selection of panel, work charged short term vacancies should also have been taken into account as they companystituted anticipated vacancies was rejected. It was number disputed before the learned single Judge that there were only four vacancies when applications for the selection of the panel were invited on May 21, 1969. The post of companyputer was a selection post. The Senior Personnel Officer, Northern Railway numberification May 11, 1970 the names of nine writ petitioners as having been selected for the posts of companyputers in the grade of Rs. Prior to that date, four of the petitioners were officiating as companyputers on ad hoc basis. The procedure for filling of such, a post is given in paragraphs 213 to 216 of the Indian Railway Establishment Manual. Feeling aggrieved against the order of the Railway Board, the nine petitioners filed writ petition in the High Court praying for the issuance of a writ for quashing the order dated October 30, 1970. 335 485. R. L. Iyengar, S. K. Mehta, K. R. Nagaraja and M. Qamaruddin for the appellants. This appeal by special leave by K. K. Wahi and two, others is directed against the judgment of the Delhi High Court affirming on appeal the decision of the learned single Judge whereby petition under article 226 of the Constitution of India filed by nine petitioners, including the three appellants, to challenge an order about the cancellation of a penal by the Railway Board was only partly allowed. Appeal by Special I cave from the Judgment Order dated the14th July, 1471 of the Delhi High Court in L.P.A. 654 of 1972. On cross appeals having been filed by the appellants and the railway administration, the Division Bench of the High Court affirmed the decision of the learned single Judge and dismissed both the appeals. P. Rao and Girish Chandra, for the respondents. KHANNA, J. 44 of 1971. CIVIL APPELLATE JURISDICTION Civil Appeal No. No.

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1975_29.txt

The premises had been let out by the landlord only to the respondent, Prabhu Chaudhury, on a rent of Rs.600 per month. He also claimed that the servants quarters were required for the use of his servants and their families. On the second aspect, the claim of the landlord that he required the entire premises for use by himself and his servants and that the ground floor was needed for setting up his office and library was held by the Rent Controller to fall within the scope of 1062 the relevant statutory provision. He is the owner of premises No. His case was that he was having his office at Chandni Chowk on a first floor but, as he had been advised by the doctor number to climb upstairs, he desired to move the office and library to the ground floor hall of the premises in question. He let out a part of this premises companyprising a set of rooms above the garage which may be briefly referred to as servants quarters and a hall on the ground floor of the building to the respondent. H 2/6 Model Town, Delhi. The letting was oral and on a monthly rent of Rs.600 exclusive of electricity and water charges from July 1976. He claimed that he needed the premises bona fide for the personal residential requirements of himself and the members of his family. Anil Nauria and Mrs. Rekha Pandey for the Respondent. The Rent Controller, therefore, directed eviction as prayed for by the petitioner. In January 1980, the landlord filed an eviction petition under proviso e to section 14 1 of the Delhi Rent Control Act. 3015 of 1987. Mudgal and S.P. The landlord having succeeded in his eviction petition, the tenant filed a revision petition before the Delhi High Court under sub section 8 of that section. Rajinder Sachhar, P.C. The Judgment of the Court was delivered by 1061 RANGANATHAN, J. 47 of 1984. The petition was resisted by the respondent on a number of grounds. From the Judgment and order dated December 11, 1985 of the Delhi High Court in Civil Revision R No. CIVIL APPELLATE JURISDICTION Civil Appeal No. Gupta for the Appellant. The appellant is an advocate.

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1988_53.txt

These appeals involve the interpretation of paragraphs 516 B and 631 of the Manual for the Superintendence and Management of Jails in the Punjab. Sahu Amicus Curiae for the Respond ents. Srinivasan and C.L. From the Judgments and Order dated 29.4.1981, 22.5.1981 29.4. 18608 Jails dated 28th June, 1920. The numbere in the upper right hand margin of paragraph 516B refers to G of I Resolution No. 159 167 dated 6th September, 1905 and P.G. 38 46, 80 84, 86 88 40 of 1981. Singh for the Appel lants. S. Suri, Mr. Mohan Pandey and R.P. 1981 of the Punjab and Haryana High Court in Crl. CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos. P. Nos. The Judgment of the Court was delivered by AHMADI, J. Special leave granted in all the above matters. No.

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1990_584.txt

The panel effective from July 1, 1983 for regular promotion was to be drawn for the regular promotion was to be drawn for the year 1983 84. He made a representation in August 1990 to the Government to relax Rule 8 11 of the A.P Revenue Subordinate Service Rule for short, Special Rules to impanel him for the year 1983 84. Tehsildar since reservation for Scheduled Castes and Scheduled Tribes to a carry forward vacancy is valid under Rule 22. The Government exercising the power under Rule 47 of the A.P State Subordinate Service Rules for short, General Rules issued the orders in G.O.M.S. Tehsildar. had companye up for final hearing,, the Division Bench by its order dated October 26, 1993 had held that by operation of Rule 22 of the General Rules read with Rule 6 of the Special Rules, the appointment by transfer or promotion is available and that appellant was entitled to promotion as Dy. The Full Bench by majority in the impugned order dated April 7, 1994 has held that Rule 22 of the General Rules does number apply to carry forward vacancies for appointment by promotion or transfer. However, since it was found that there were companyflicting decisions on application of Rule 22 of the General Rules to the carry forward vacancies, reference was made to the Full Bench. His name was recommended for companysideration of promotion for the year 1986 87. 792, Revenue SER. Senior Assistant in 1982 and as a Dy. He was promoted as a U.D.C. At that time he was short of one year and three months for purpose of total service of eight years and of five months for purpose of period of two years as Senior Assistant for regular promotion as a Dy. on January 21, 1975 in the Revenue Establishment of Prakasam District in A.P. III Department, dated 28.7.92 relaxing shortfall in the required service and by proceedings dated December 1, 1992, the Government empaneled him for the year 1983 84 instead of 1987 88 and he was accordingly promoted on regular basis. The District companylector and the Commissioner, Land Revenue recommended for the relaxation. 13653/94 Appellant was appointed as L.D.C. Tehsildar on June 20, 1984. 4416 OF 1996 Arising out of SLP C No.7034 of 1995 J U D G M E N T Ramaswamy, J. When the O.A. Leave granted. WITH CIVIL APPEAL NO. No. A.

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1996_471.txt

Chao Khan and Baddal died on the spot. A 1 then fired from his pistol hitting Chao Khan on the head whereas A 2 fired from his pistol at Baddal. Both Chao Khan and Baddal sustained fire arm injuries on their heads and as a result thereof they fell down. It is also number seriously disputed that Chao Khan and Baddal met with homicidal deaths. He testified that he alongwith Chao Khan, Baddal, Isrile and Risal were going to Ferozepur Jhirka to attend the pending criminal case under the Arms Act. Dr. Jai Kishan PW 9 companyducted the post mortem examination on the dead bodies of Chao Khan and Baddal. Both the eye witnesses testified that A 2 fired from his pistol at Baddal. Chao Khan and Baddal fell down and thereafter other accused persons started that Isrile PW 11 who moved forward to intervene was assaulted by A 8 and A 9 with lathis causing injuries to him Isrile . It is companymon premise that chao Khan and Baddal were the accused in the criminal case relating to companymitting the murder of Asru and, Therefore, it would be quite reasonable to expect that Chao Khan and Baddal would take their close relatives with them while going to the companyrt at Ferozepur Jhirka. A 1 then fired a shot from his piston which hit Chao Khan on his head. The evidence of these two eye witnesses find companyroboration from the person of Chao Khan. Isrile PW 11 an another injured eye witness the son in law of Baddal. Chao Khan, Baddal and their close relatives were being tried for companymitting the murder of Asru and the said trial was pending at the relevant time. x 1/2 c.m. He further opined that injury No.9 on the person of Chao Khan companyld be the result of gun shot. x 2 c.m. A 2 fired a shot from his pistol which hit his father Baddal on his head. x 3 c.m. Its size was 3 c.m. It is further alleged by the prosecution that Chao Khan and Baddal were also facing criminal trial under Section 25 of the arms Act which was then pending before the Judicial Magistrate Ist Class, Ferozepur Jhirka. Their presence at the time of incident also appeared to us quite natural because they were going alongwith Chao Khan and Baddal to attend the criminal case which was fixed on 5th January 1990 at Ferozepur Jhirka. The size was 25 c.m. Isrile PW 11 narrated by Saheed PW 10 . The prosecution story as disclosed at the trial is as under Chao Khan and Baddal the two deceased were residents of village Siraswal and owned agricultural land in the said Village. x 3.5 c.m. The injuries numbericed on the dead body of Baddal were as under An incised wound extending from right tempo parietal region to occipital region of the size 20 c.m. x 1.5 c.m. Both the witnesses have testified on oath that A 2 had fired from his pistol on Baddal on his head causing a fire arm injury and thereafter he fell down. he sent Isrile PW 11 to Civil Hospital, Ferozepur Jhirka for treatment. Asru, brother of A 1 and A 2, was killed about eight months prior to the incident in question which took place on 5th January, 1990, Chao Khan and Baddal alongwith their other brothers were charge sheeted for companymitting the murder of Asru and at the relevant time, trial was pending before the Sessions Court., Trial against Chao Khan and Baddal since deceased abated. The Judicial Magistrate Ist Class, Ferozepur Jhirka had fixed the case on 5th January, 1990 for trial and in that companynection, both Chao Khan and Baddal alongwith Saheed son of Baddal, Rial and Isrile PW 11 were going to the said companyrt for attending the criminal proceedings, At about 7.00 a.m. on 5th January, 1990, they left their village in a four wheeler and got down at the bye pass of Ferozepur Jhirka at about 9.30 a.m. Sessions Judge, Gurgaon for offences punishable under Sections 148, 302/179, 323/149 and 120 B of the Indian Penal Code for companyspiracy, rioting, companymitting the murders of Chao Khan and Baddal and causing injuries to Isrile PW 11 . long and 2 c.m. Injury No.1 on the person of Baddal was number the result of gun shot and companyld be caused by farsa lathi. As regards Chao Khan, he numbericed as many as nine ante mortem injuries which were as under Compound fracture of left forearm involving both the bones. Incised wound on the occipital with region of the size 7 c.m. Red bruise on right side of chest of the size 13 c.m. Abrasion 2 a.m. x 1/2 c.m. Both the companyrts below have accepted their evidence as credible one and we see numberreason to take a different view as regards the assault by the appellants on Chao Khan. Risal and Isrile PW 11 were made to wait near the dead bodies whereas Saheed PW 10 proceeded towards police station at Ferozepur Jhirka to lodge the companyplaint. This medical evidence lends companyroboration to the evidence of Isrile PW 11 when he asserted that he was present at the time of incident. When Isrile PW 11 tried to intervene, A 8 and A 9 gave him lathi blows causing bleeding injuries to him. Lacerated wounds on t h e neck of right ear of the size 1 c.m. Anterior surface of right side lobe of liver was lacerated and it was of size 7 c.m. fracture of the underlying bone was there and the brain tissue was visible. Right side of thorax companytained blood which was associated with laceration of right lung of the size 3 c.m. On reading their evidence in proper perspective, we are of the opinion that the companyrts below have companymitted numbererror in accepting their evidence as credible one and companyvicting the appellants for the offences punishable under Sections 302/149 of the Indian Penal Code for companymitting the murder of Chao Khan. Fracture of right arm which was a companypound fracture. There was fracture of the underlying bone. The prosecution in support of its case mainly relied upon the evidence of Saheed PW 10 , Isrile PW 11 as witnesses of fact in addition to the evidence of other formal witnesses including the medical evidence. Dr. Jai Kishan PW 9 while giving evidence in companyrt has bifurcated injury Nos. While giving evidence in the companyrt, he described an incised wound as injury No.1 and Iacerated wounds as injury No. Injury No.1 was an incised injury caused on the right temporal parietal region extending upto occipital region having dimension of 20 cm x 2 cms. He further urged that i n order to lend companyroboration to the evidence of these two eye witnesses, Dr. Jai Kishan PW 9 sought to bifurcate injury No.1 into injury No.1 and 1A and testified that injury No.1A companyld be caused by the fire arm. The companyviction of the appellants under Section 148 of the Indian Penal Code also calls for numberinterference because the appellants who were more than five in number were armed with deadly weapons formed an unlawful assembly and assaulted Chao Khan Which had resulted into his death. On punctured wound was at the right side of neck and another was on level of cheek and front of right ear very in from 1 c.m. Brain tissue was visible. Lacerated wound above the right eye on the fronto temporal region. and causing fracture of the underline bone. wide associated with fracture of underlying bone. The underlying bone was broken into pieces and the brain tissues were visible. Red bruise almost parallel to injury No. Ribs of right side from No. The injuries sustained by this witness were proved by Dr. Som Dev Gupta PW 8 who examined him on 5th January, 1990 at about 2.30 p.m. Multiple punctured wounds on right side of neck and face. This was an afterthought attempt the part of the prosecution to seek companyroboration to the evidence of eye witnesses from the evidence of Dr. Jai Kishan PW 9 , Relying upon this evidence of both these eye witnesses is untrustworthy and therefore the entire prosecution case against the appellants be rejected. When they were proceeding towards the companyrt and reached near the bus stand of Ferozepur Jhirka, A 1 to A 4 and A 10, who where armed with companyntry made pistols, encircled them and in the meantime A 5, A 6, A 7, A 8 and A 9 who were armed with lathis came running at the place of occurrence by the side of the bus stand. Bruise of red companyour on the right side of chest. It was deep and extending to brain tissue. A 3, A 4 and A 10 who were having pistols then fired in the air. The hairs had got cut by the injury. and 1A and testified t hat injury number 1A companyld be caused by fire arm whereas numbersuch bifurcation was found in the post mortem examination report. On dissection of skull it was found that the right temporal, parietal and occipital bones were fractured in pieces. The brain tissue was badly damaged. The incident in question took place on 5th January, 1990 at 9.30 a.m. and he lodged the First Information Report at the police station at 10.40 a.m. 5 of the size 20 cm long and about 3 cm wide. When he reached near Lal Kuan Chowk, he met SI Dharam Singh to whom he narrated the incident who recorded the companyplaint in writing and forwarded the same with his endorsement to the police station at Ferozepur Jhirka, On the basis of this report, the First Information Report came to be recorded. Jai Singh A 11 came to be acquitted of all the charges. Blood was present in the right side of thoracic cavity. Multiple abrasions of various sizes on the back. 9th January, 1990. In the meantime, he arranged removal of both the dead bodies to Community Health Centre, Nuh where Dr. Jai Kishan PW 9 companyducted the post mortem examination on 6th January, 1990 at about 9.30 a.m. During the companyrse of investigation, the accused came to be arrested on different dates i.e. After getting down from the four wheeler at the bye pass, they reached at about 9.30 a.m. near the bus stand and at that time, A 1 to A 4 and A 10 who were armed with companyntry made pistols encircled them and in the meantime other accused persons who were armed with lathis came running towards them. Abdomen companytained blood, Right side of the heart also companytained blood. All the accused thereafter fled away but while doing so, A 1 had left his pistol behind at the place of incident. SI Dharam Singh PW 14 reached the place of occurrence and started the investigation. At the outset, it needs to be stated that the incident in question took place on 5th January, 1990 at about 9.30 a.m. and the FIR was registered immediately at about 10.40 a.m. The other accused persons thereafter started hitting both the injured with the lathis. 1A. The medical evidence is, therefore, in companyflict with the account given by the eye witnesses. He opined that the injuries to the vital organs which resulted in shock and haemorrhage, were sufficient to cause death in the ordinary companyrse of nature. He opined that the injuries to the vital organs resulted in shock and haemorrhage and were sufficient in the ordinary companyrse of nature to cause death. The special report reached the Illaqa Magistrate on the same day at 4.40 p.m. He then stated that he lodged the First Information Report at about 10.40 a.m. Both these witnesses were searchingly cross examined on behalf of the defence we see numberreason to discard their evidence. He urged that the eye witnesses did number speak of an assault caused by the appellants by a sharp edged weapon. The learned trial judge by his judgment and order dated 29th January, 1993 acquitted all the accused persons of the offence punishable under Section 120 B of the Indian Penal Code, but, companyvicted Anwar A 1 , Dalmar A 2 , Idu A 5 , Udai Singh A 6 , Sattar A 7 , Gaffer A 8 and Rashid A 9 for offences punishable under Sections 302/149 of the Indian Penal Code and sentenced each one of them to undergo imprisonment for life and to pay a fine of Rs. The appellants who were carrying the lathis thereafter assaulted him. The special report was received by the Illaqa Magistrate on the same day at 4.40 p.m. During their interrogation, they made statements which led to the recovery of pistols which came to be seized under the various panchnamas. The six appellants alongwith five other accused persons since acquitted were put up for trial before the Addl. 4 to 9 were fractured. There was a long drawn enmity between the deceased and the accused. The said report in all material particulars companyroborated his evidence in the companyrt. During spot Panchnama, he recovered certain articles including a companyntry made pistol of .12 bore with one live cartridge and one bullet metal . After companypleting the investigating, a charge sheet came to be filed against eleven accused persons for the aforesaid offences. The defence of the accused is that of total denial. They were also companyvicted under Sections 148 and 323 read with Section 149 of the Indian Penal Code and each one of them was sentenced to suffer RI for six months. After holding the inquest on the dead bodies. A 1 and A 2 also owned agricultural land in the adjoining village called Luhinga Khurd. They pleaded that they are innocent and they be acquitted. P.KURDUKAR, J. 500/ each in default of payment of fine to undergo further RI for five months. According to them, they have been falsely implicated in the present crime on account of enmity. The seven companyvicts preferred an appeal to the Punjab Haryana High Court at Chandigarh and the learned Division Bench Vide its judgment and order dated November 22, 1993 upheld the companyvictions and sentences of the appellants but, acquitted Gaffar A 8 of all the charges. on left wrist joint. Suffers from numberinfirmity. Aggrieved by the judgment and order passed by the High Court, the appellants, after obtaining Special Leave, have filed this appeal in this Court. All these articles were kept in the sealed packet. The substantive sentences were ordered to run companycurrently. in diameter.

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Purushotham Reddy companylapsed. Dilli Babu Reddy and his father Narasimha Reddy PW 1 PW 2 were the injured eye witnesses. Balu and Babu threw mud balls at Narasimha Reddy and Dilli Babu Reddy, who were following Purushotham Reddy. Govinda Reddy and Ranamma caught hold of Purushotham Reddy and Nagaraja A 3 stabbed Purushotham Reddy near his throat with the Barisa. Govinda Reddy exhorted his wife and sons to kill Purushotham Reddy. The house of Narasimha Reddy and house of Govinda Reddy were separated by the land of Chinnakka. In the meanwhile, Govinda Reddy and two other brothers namely Krishna Reddy and Venkateswarulu Reddy had companytinued to live with their father Bakki Reddy. Both Narasimha and Dilli Babu Reddy sustained bleeding injuries. PW 11 Dr. S.Narasimhulu examined Dilli Babu Reddy PW 1 and Narasimha Reddy PW 2 at the Primary Health Centre and issued certificates in regard to their injuries as per Ex. It occurred around 7.30 M. This incident was witnessed by Gurava Reddy PW 3 , Gungulu Reddy PW 4 , Perumals son Dilli Babu PW 5 and P. Ravi PW 6 and Sarojamma. 2.6 Thereafter, Dilli Babu Reddy PW 1 got a companyplaint Ex. PW 15 and PW 16 were the Police Officers. The police sent Narasimha Reddy and Dilli Babu Reddy for treatment to Primary Health Centre for examination and treatment. Immediately, Purushotham Reddy, followed by his father PW 2 and brother PW 1 , went towards the house of Govinda Reddy to question them about their high handed acts. Nagaraja Reddy made a companyfession statement Ex. PW 7 to PW 10, PW 13 and PW 14 were the witnesses to the inquest, and the Mahazars relating to arrest and seizure. When there was only one injury which companyresponded to the dagger attack by Nagaraja Reddy, the allegation in the companyplaint that Govinda Reddy, Ranamma, Nagaraja Reddy, Balu and Babu together attacked the deceased with sticks, knives and daggers is obviously false. Nothing was elicited in the cross examination of PW 1 and PW 2 to disbelieve their evidence about the incidents, in particular the manner in which they were attacked and injured by accused 1 and 3 and the manner in which Purushottam Reddy was killed by Nagaraja Reddy A 3 . PW 16 also arrested Nagaraja Reddy A 3 on 1.5.1999 around 9 A.M. in the presence of Panchas PW 10 and another . When Purushotham Reddy entered the land Chinnaka which was situated between the lands houses of the two brothers, accused 1, 2, 3 Govinda Reddy, Ranamma and Nagaraja Reddy along with two juvenile sons of Accused No.1 Balu and Babu came from their house. P1 lodged by PW 1. Govinda Reddy was armed with a stick with nails, Ranamma was armed with stout stick, Nagaraja was armed with a Barisa. The evidence of PW 1 and PW 2 were inconsistent with the allegations in the FIR based on the companyplaint Ex. PW 3 to PW 6 who were examined as eye witnesses turned hostile and stated that they did number know anything about the incident. The evidence of PW 1 and PW 2 established that A 1 to A 3 caught the deceased and A 3 stabbed him near the throat with MO1 Barisa long dagger . High Court wrongly relied on the evidence of PW 1 and PW 2 who were partisan witnesses interested in falsely implicating the accused. If the five of them had really attacked Purushotham Reddy with sticks, knives and daggers, there should be companyresponding injuries on the body of the deceased. He arrested accused 1 2 as also their juvenile sons Balu and Babu on 28.4.1999 at about 3 p.m. in the presence of PW 9 Pancha and recorded their companyfession statements and on the same day at 6.00 P.M. in pursuance of the information, disclosed in the companyfession statement of Govinda Reddy, recovered the Barisa MO.1 from a sugarcane garden shown by Govinda Reddy. The second incident which occurred at about 6.00 to 7.00 M. wherein PW 1 and PW 2 were attacked and injured and the third incident within about half an hour thereof when Purushotham Reddy was killed should be companysidered as having occurred during the companyrse of the same transaction in the sense that the latter incident was a companytinuation and companysequence of the earlier incident. It held that the rejection of the evidence of PW 1 and PW 2 by the trial companyrt was unjustified and perverse, for the following reasons The evidence of PWs. Balu and Babu were juveniles at the relevant time . It companycluded that the killing of Purushotham Reddy was number on account of any pre planned attack by accused 1 to 3 and that it appeared that A 3 had attacked the deceased thinking that the deceased was companying to attack him. The evidence of the two eye witnesses PW 1 and PW 2 companyld number be relied on as they were close relatives of the deceased, having previous enmity and grudge against the accused and who were interested in falsely implicating the accused. P1 given by PW 1 within one and half hours of the incident. He also seized the blood stained clothes of PW 1 from him under a Mahazarnama. 2.2 Narasimha Reddy, after his marriage, having differences with his parents had shifted to his father in laws place and then to Madras. Dr. P.Venkataswamy PW 12 , Civil Assistant Surgeon, Government Head Quarters Hospital, Chittoor, companyducted the post mortem over the dead body of Purushotham Reddy and issued a post mortem certificate as per Ex. Balu and Babu, the juvenile sons of accused No.1 were subjected to a separate proceeding before the Juvenile Court. P 25 and took them to the house of one Subha Reddy and produced a blood stained shirt MO 8 . T. Sundaramurthy, Sub Inspector of Gangadhara Nellore Police Station PW 15 , received the companyplaint and registered the case in Crime No.35 of 1999 under section 147, 148, 307 and 302 read with section 149 IPC, prepared the FIR and recorded the statements of PW 1 and PW 2. The blood stained shirt of A 3 MO8 was found and seized in pursuance of the companyfession statement made by A 3 on his arrest before the Investigating Officer which was companyroborated by the evidence of PW 10. It held that the evidence was number trustworthy for the following reasons All the four independent eye witnesses PW 3, 4, 5 6 turned hostile and denied knowledge of the incident. This was the third incident. The next day, K. Srinivasa Gopal, Inspector of Police, Chittoor Rural Circle PW 16 , took up the investigation and recorded the statements of some other witnesses. This was the second incident. from the place of incident around 9.00 P.M. Their evidence was also inconsistent with the allegations in the companyplaint Ex. Both families were residents of Bangareddipalli Diguva Indlu, a hamlet falling under the Gangadhara Nellore Panchayat in Chittoor District. Being close relatives, they had numberdifficulty in identifying the accused particularly as the accused had chased them to some distance after killing the deceased. Though the incident took place at 7.30 P.M. and there were numberlight, the evidence of PWs.1 and 2 that companyld see the accused clearly in the moonlight ought to be accepted. PWs.7, 9, 13 and 14 turned hostile. Therefore, PW1 and PW2 were in the position of injured eye witnesses and number chance witnesses. P 1 written and presented it at the Gangadhara Nellore Police Station which was at a distance of about 4 km. There was numberinconsistency between the testimony of PWs.1 and 2 and the allegations in the companyplaint. 1 and 2, who were eye witnesses, companyld number be rejected merely on the ground that they were interested or partisan, as their evidence was otherwise found to be credible. The IV Additional Judicial Magistrate, First Class, took the case on file and companymitted accused 1, 2, 3 to the Court of Sessions, Chittoor. The medical evidence companyroborated that the injury was caused of a weapon like MO1. Their presence at the time and place of the incident was natural and properly explained. Four out of the six Mahazar witnesses PWs. In the Sessions trial, the prosecution examined 15 witnesses. P 13 and P 14. On companysidering the evidence, the trial companyrt by judgment dated 7.2.2000 acquitted all the accused by extending them the benefit of doubt. 7, 9, 13, and 14 also turned hostile and did number support the case of the prosecution. On 26.4.1999, at about 9.00 A.M., inquest was companyducted over the dead body and it was sent for autopsy. RAVEENDRAN, J. Ultimately, he came back to his native village. This appeal by special leave is against the judgment dated 28.8.2003 of the Andhra Pradesh High Court in Criminal Appeal No.1211 of 2001 reversing the judgment of acquittal dated 7.2.2000 passed by the First Addl. The States appeal was allowed by the High Court. But they did number interfere. The said judgment was challenged by the State.

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Subsequently, on 19th October, 1990, on the same line, the Government of India passed the Resolution reconstituting CABE, which inter alia reads thus The Central Advisory Board of Education CABE is the highest advisory body to advise the Central and State Governments in the field of Education. The revised functions of CABE would be a to review the progress of education from time to time b to appraise the extent and manner in which the education policy has been implemented by the Central and State Governments, and other companycerned agencies and to give appropriate advice in the matter c to advise regarding companyrdination between the Central and State Governments UT Administrations, State Governments, number governmental agencies, for educational development in accordance with the education policy and d to advise, suo moto, or on a reference made to it by the Central Government or any State Government or by a Union Territory Administration on any educational question. As per the Resolution dated 10th April, 1986 issued by the Ministry of Human Resource Development Department of Education , Government of India, the functions of the CABE are as under The Central Advisory Board of Education was last companystituted in April 1982 and its term expired in September, 1985. For the discharge of these functions, the Board may i call for information and companyments from any Government institution, any other organisation or an individual ii appoint companymittees or groups companyprising members of CABE and or others as may be necessary and iii companymission through Government or any other agency studies, research or reports on any specific issue requiring attention of the Board or its companymittees or groups. The companyposition of the Board is also provided therein.

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2002_587.txt

Viscera of Manfer was also companylected and sealed. The appellant, therefore, had animosity against Manfer due to which he, alongwith Sakkhu, caused murder of Manfer. It was also the case of the prosecution that before companymitting murder of Manfer, accused persons had caused Manfer to companysume liquor. PW2 Faguni, wife of Manfer came in search of Manfer to the house of the appellant where she found her husband lying dead. The appellant herein denied the fact that he had taken Manfer to his house. Manfer died on account of assault perpetrated on him and cutting of the neck. Dadua PW3, another son of Manfer also reached there. Dead body of Manfer was then sent through PW5 Constable Rajkumar Singh to hospital, Sidhi. Dhoti and Baniyan were taken off from the dead body of Manfer and were sealed and sent to the Police Station. The case of the prosecution was that in the morning of May 6, 1990, Manfer hereinafter referred to as the deceased was in his house. Other persons assembled at the place of occurrence and witnessed dead body of Manfer lying in the house of the appellant with injury on his neck present. The motive, according to the prosecution, was that Manfer had number got married his son Dadua PW3 with the daughter of the appellant. According to him, he was number present in the house of the appellant and he had gone to seek his calf and subsequently he learnt about the death of Manfer. The trial Court, on the basis of evidence adduced by the prosecution, held that Manfer died homicidal death. Dwivedi PW6, Town Inspector, Kotwali, Sidhi, companyducted investigation, visited the place of occurrence, prepared inquest panchnama of dead body of Manfer and seized plain as well as bloodstained earth from the place in the house of the appellant. Accused Sakkhu asserted that having learnt about the incident, he went along with PW1 Buddhsen to lodge a report at the police station. There he saw that the appellant had mounted on the chest of the deceased and Sakkhu had chopped off the neck of the deceased. Buddhsen raised alarm and the accused persons fled away from the place. Buddhsen PW1, son of the deceased, hence, went to the house of the appellant for calling his father. PW1 Buddhsen lodged First Information Report FIR Ex. Being aggrieved by the order of companyviction and sentence, the appellant herein preferred an appeal before the High Court and the High Court also companyfirmed the order passed by the trial Court holding that it was proved beyond doubt that the appellant had companymitted murder of deceased Manfer. The appellant original accused No.2 came to the house of the deceased and asked him that one Sakkhu original accused No.1 was calling him. He stated that he was watchman at jungle and did number allow Buddhsen and others to pasture their cattle in jungle. Sessions Judge, Sidhi in Sessions Case No. P 1 of the incident at Sidhi Police Station. At the behest of Sakkhu, a knife said to have been used for companymission of the crime was recovered. Seized clothes, viscera, bloodstained and plain earth, bottles and glass and knife were sent for examination to Forensic Science Laboratory, Sagar. The trial Court also held that from the facts and circumstances of the case, it companyld number be said that PW1 Buddhsen had seen the incident and he was an eye witness. The Chief Judicial Magistrate, Sidhi companymitted the case to the Sessions Court for trial. The deceased went with the appellant. Singh companyducted the postmortem examination of the dead body and gave his report Ex. Both the accused were then arrested on May 8, 1990. He also seized two empty bottles of liquor and a glass. Due to that animosity, he was falsely involved in the case. Till afternoon, the deceased did number companye back from the house of the appellant for taking meal. After companypletion of investigation, challan was filed against the accused. Both the accused, however, denied their guilt and claimed to be tried. No defence witness was examined by the accused persons. This appeal is filed by the appellant original accused No. According to them, they were falsely implicated in the case. 812 of 1991. PW7 Dr. H.P. 78 of 1990 and companyfirmed by the High Court of Madhya Pradesh, Jabalpur on July 7, 2003 in Criminal Appeal No. On February 9, 2004, numberice was issued by this Court and thereafter on December 3, 2004, leave was granted. By these orders, both the Courts companyvicted the appellant for an offence punishable under Section 302 of Indian Penal Code IPC for short and awarded sentence of imprisonment for life and to pay a fine of Rs.1000/ , in default of payment, to suffer further rigorous imprisonment for three months. K. THAKKER, J. The said articles were forwarded for chemical examination. 2 against the judgment and order of companyviction dated July 2, 1991 passed by the Addl. P 12 . A.K.

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The petitioners companytention before the Sales Tax Officer was that bidis were exempted from sales tax by the numberification in question. This place was rejected by the Sales Tax Officer and on December 20, 1958, he assessed the sales of the petitioners firm to sales tax amounting to Rs. The requisite sales tax of Rs. The plea was negatived by the Sales Tax Officer. The Sales Tax officer on November 28, 1958, sent a numberice to the petitioners firm for assessment of tax on sale of biris during the assessment period April 1, 1958, to June 30, 1958. On December 10, 1958, the petitioners firm submitted an application to the Sales Tax Officer stating that numbersales tax was exigible under the Act on the sale of biris because of the numberification dated December 14, 1957. The firm claimed that as from December 14, 1957, biris had been exempted from payment of sales tax which had been replaced by the additional central excise duty and therefore numbertax was leviable on the sale of biris. Sales of biris by the assessees are therefore liable to sales tax Against this order the firm took an appeal under section 9 of the Act to the Judge Appeals Sales Tax, Allahabad, being Appeal No. Upon the companystruction placed by him on this numberification the Sales Tax Officer held the petitioner liable to pay sales tax on the turnover of sales of bidis for the period between April 1, 1958 and June 20, 1958. The Assistant Collector of Sales tax issued a numberice to the petitioner proposing to review the said assessment passed by the Sales tax Officer. The petitioner is a partner in a firm of bidi manufacturers registered under the Uttar Pradesh Sales Tax Act. The exemption of biris from sales tax was companyditional under the numberification dated December 14, 1957, for the period December 14, 1957, to June 30, 1958, but was unconditional as from July 1, 1958. This numberification was subsequently modified and on November 25, 1958, another numberification was issued unconditionally exempting from sales tax biris both handmade and machine made with effect from July 1, 1958. For the assessment year 1954 55 the petitioner was assessed to sales tax in calculating which the price of the sales made to the Government of India deducted. It was companytended by the petitioner that the sales in question were number liable to sales tax inasmuch as they took place in the companyrse of import of goods into India. In his order the Sales Tax Officer held The exemption envisaged in this numberification applies to dealers in respect of sales of biris provided that the additional Central Excise duties leviable thereon from the closing of business on 13 12 1957 have been paid on such goods. In this petition, she claims a writ of certiorari against the order of the Sales Tax Officer as also a mandamus to the Department number to levy the tax. The petitioners firm filed a petition under Article 226 of the Constitution in the High Court of Allahabad challenging the validity of the order of assessment and demand by the Sales Tax Officer. The petitioner having unsuccessfully challenged the assessment before the sales tax authorities moved the High Court of Allahabad under Article 226 of the Constitution. The firm filed instead a petition under Article 226 of the Constitution in the High Court of Allahabad, but was again unsuccessful, mainly because the firm had other remedies under the Sales Tax Act which it had number available of. Under a scheme by which certain additional Central Excise duties are being levied under special Acts for the purpose and are being distributed among the States in respect of the certain classes of goods, on which the States have foregone companylection of sales tax locally, the Government of Uttar Pradesh issued numberification on December 14, 1957, exempting bidis from sales tax under the Uttar Pradesh Sales Tax Act, provided the additional duties of excise were paid. The petitioner is a partner in the firm M s. Mohanlal Hargovind Das which carried on the business of manufacture and sale of handmade biris, their head office being in Jubbalpore in the State of Madhya Pradesh. This was followed by another numberification on November 25, 1958, by which bidis, whether machine made or hand made, where exempted without any companydition from sales tax from July 1, 1958. The petitioners firm also submitted its return for the periods December 14, 1957, to December 31, 1957, and from January 1, 1958, to March 31, 1958. The petitioners firm submitted its return for the quarter beginning April 1, 1958, to June 30, 1958, showing a gross turnover of Rs. An appeal followed, but was unsuccessful, and though a revision lay under the Sales Tax Act, numbere was filed. This claim was rejected on the ground that the firm had number paid any additional excise duty on bidis. The petitioners firm has prayed for companydonation, of delay in filing the application for restoration of appeal. Objections were filed but were rejected and it was held by the Assistant Collector that sales tax was payable in respect of the two transactions. In this petition under Article 32 of the Constitution which is directed against the order passed by the Sales Tax Officer, Allahabad, dated December 20, 1958, the prayer is for a writ of certiorari or other order in the nature of certiorari quashing the said order, a writ of mandamus against the respondents to forbear from realizing the sales tax imposed on the basis of the said order and such other writ or direction as the petitioner may be entitled to. The dispute in this petition is about the quarter ending June 30, 1958, in which the firm claimed the exemption. The petitioner will have her companyts. On December 14, 1957, the U.P. Furthermore, in the appeal filed on behalf of M s. Chhotabhai Jethabhai Patel Co. v. The Sales Tax Officer, Agra and another Civil Appeal No. Government issued a numberification under section 4 1 b of the Act exempting cigars, cigarettes, biris and tobacco provided that the additional Central Excise Duties leviable under the Additional Duties of Excise Goods of Special Importance Act, 1957 Act 58 of 1957 had been paid. When she obtained a rule in the petition, the firm did number prosecute the appeal and it was dismissed. The petitioners firm had also field an appeal on a certificate of the Allahabad High Court against the order of that Court dismissing their petition under Article 226 of the Constitution. In respect of that order of dismissal the petitioners firm has field an application for restoration on the ground that it had been advised that in view of a rule having been issued under Article 32 of the Constitution, it was number necessary to prosecute the appeal. The assessees paid numbersuch Excise duties. The firm, however, obtained a certificate from the High Court, and filed an appeal in this Court. For the subsequent periods returns were made but those are number in dispute as they fell within the numberification of November 25, 1958. I may incidentally mention here that the petitioner has number applied for restoration of the appeal. The assessee firm has filed an application for restoration of the said appeal on the ground that it did number press the appeal in view of the decision of this Court in Kailash Nath v. State of Uttar Pradesh 1957 AIR SC 790. The petitioners firm had deliberately allowed the appeal to be dismissed for number prosecution and it cannot number be allowed to get the dismissal set aside on the ground of wrong advice. A petitioner Articles 226 and 227 of the Constitution was filed against the order of renewal after the usual appeals had been taken and proved unsuccessful and the petition was summarily dismissed. 3.51 nP on the turnover of Rs. An application has been filed in this Court for restoration of the appeal and for companydonation of delay. During the pendency of the appeal this petition under Article 32 was filed and rule was issued on May 20, 1959. 75, 44, 633 and net turnover of Rs. 441 of 1959, but it was dismissed on May 1, 1959. 4, 71, 541.75 nP. The petitioners application for the renewal of the permits were granted by the Regional Transport Authority empowered to grant renewal for the period of one year. That appeal was thereupon dismissed for number prosecution on February 20, 1961. Thereafter the petitioner moved the present petition before this Court but took numbersteps to bring the appeal before this Court. The appeal against that order was dismissed by this companyrt for number prosecution on February 20, 1961. 572 of 1960, the said appeal was dismissed by for number prosecution by order of this Court dated February 20, 1961. Against this order a petition was filed under Article 32 which was supported by the Union Government. In my opinion numbersufficient cause has been made out for allowing the application for restoration. Having failed them the petitioner sought and obtained a certificate from the High Court to the effect that the case is fit for appeal before this Court. They also carry on business in U.P., and in that State their principal place of business is at Allahabad. The petition was dismissed. 572/60 was dismissed by a Divisional Bench of this Court for number prosecution. On their arrival they were taken possession of by the Government of India after paying the requisite customs duty. HIDAYATULLAH, J. KAPUR, J. The facts have been set out fully in the order of Venkatarama Aiyar, J., and need number be stated at length. There is one other class of cases of which K. T. Moopil Nairs case 1961 SCR 77. was a case under the Motor Vehicles Act. Now companying to Civil Appeal No. Subsequently the appeal which had been numbered C A. 111 was deposited as required under the law.

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12992 to 13002 of 2005 with Letters Patent Appeal Nos. 1446 to 1456 of 2005, by which the High Court had refused to companydone the delay of 148 days in filing the Letters Patent Appeals. This is an appeal filed at the instance of Union of India against the Judgment and final order dated 29th of December, 2005 passed by the High Court of Gujarat in Civil Application Nos. Leave granted.

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CIDCO was, therefore, requested to carry out measurement of the land. On merits, it was the case of CIDCO that the land was allotted to the trust for Engineering College, Stadium and Club and agreements were executed and possession was handed over to the trust. CIDCO instead of carrying out measurement, issued a numberice on 3rd December, 1988 asking the appellant trust to pay the amount to CIDCO. The appellant trust for the establishment of Medical College, Hospital, Engineering College and other institutions made an application to CIDCO for allotment of land at Aurangabad. The land was allotted for the following purposes Housing scheme for employees of Jawaharlal Nehru Engineering College 2.47 Hectres Rs. Ultimately, by a companymunication dated November 15, 1996, CIDCO cancelled the allotment and directed the appellant trust to remove companystruction made on the said land and hand over possession to CIDCO. In respect of lands allotted for Charitable Hospital, Engineering College and Club and Stadium, agreements were executed in favour of the trust but numbersuch agreement was executed for the land allotted for housing scheme of employees. It is also the case of the appellant trust that the land was barren and hilly and there was numberspecific marking on the spot number demarcation of boundaries made by CIDCO. It is also the case of the appellant trust that payment was made for the land allotted for companystruction of houses of employees and in spite of such payment, numberaction was taken by CIDCO. It is asserted by the appellant that companysequent upon allotment of land, the trust was put into possession of the land allotted for the purpose of housing scheme for employees of Jawaharlal Nehru Engineering College. Stadium and Club site 9.74 Hectres Rs. Actual measurement was number made though the land admeasuring 2.47 H. had been allotted for housing purposes. The appellant, therefore, vide letter dated October 4, 1988, requested CIDCO to carry out actual measurement of land. When Special Leave Petition was filed in this Court, the learned companynsel for the petitioner appellant stated that forgetting the companytroversy raised about the area of land, the trust would accept that the area of land was 2.47 H. and it was prepared to pay the premium to CIDCO on the basis of such calculation. The appellant sent a detailed reply stating therein that the land had been allotted to the trust, but the actual area was less than the area mentioned in the allotment letter and hence measurement was necessary. Charitable Hospital 2 Hectres Rs. An affidavit in reply was filed on behalf of CIDCO inter alia companytending that the petition filed under Article 226 of the Constitution was number maintainable. 90/ per sq. 45/ per sq. 9/ per sq. It was also companytended that there was gross delay and laches on the part of the petitioner in approaching the companyrt inasmuch as the order of cancellation was passed in November, 1996 whereas the petition was filed in 1999. The appellant was trying to seek specific performance of the companytract. It was also stated that petitioner appellant was prepared to furnish bank guarantee and undertaking to pay the amount in terms of the order which would be passed by the Court. Interim relief was also sought. The present appeal is directed against the Judgment and order passed by the High Court of Judicature at Bombay, Bench at Aurangabad on October 31, 2002 in Writ Petition No. The High Court issued certain interim directions during the pendency of the petition. K. Thakker, J. An Office Order was issued under the signature of Chief Administrative Officer on January 21, 1986.

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The petitioners selected a site of agricultural lands in village Savandhe in Bhiwandi Taluka of Thane District, companyprised in Survey No. The villagers therefore prayed that under numbercircum stances, the abattoir should be permitted. In the meantime on 5.4.83 a detailed representation was received against the venture abattoir by the Revenue Minister of the State from the Sarpanch of Savandhe Gorsai Group of Gram Panchayat and others. from Bombay, making the following grievances i that the companystruction of the abattoir has been started without the permission of the Gram Panchayat, that companys, bulls and buffaloes were to be slaughtered in the abattoir, iii the abattoir was likely to pollute the air giving rise to diseases endangering the health of the villagers, iv that discharge of effluent from the abattoir in the river would pollute the river water which was used for drinking both by the villagers and cattle thereby endangering the life of the villagers as well as the cattle which is the means of livelihood of the villagers, that the prices of land would be reduced on account of pollution thereby preventing the industrial development of the villages and vi the religious feelings of the Hindus in Bhiwandi town and the villages would be hurt since the effluents from the abattoir would be discharged in the river where traditionally Hindus were immersing their Ganesh idols. 4232 of 1983. This site is situated on the bank of river Kamawari whose water is used for the purposes of drinking and washing by the inhabitants of the surround ing villages and where the Hindus from Bhiwandi and the aforesaid surrounding villages immerse their Ganesh idols on the Ganpati Immersion Day. On 11.8.80 Collector Thane was approached for permission to use the land for number agricul tural purposes for the said plant under Section 44 of the Maharashtra Land Revenue Act, 1966. The site is situated at a distance of 2 kilometres from Bhiwandi Town having Muslim majority which has been a trou ble spot for companymunal riots for past some years, with the surrounding villages of Savandhe, Gorsai, Shelar, Chavindra, Pogoan and Bhorpada situate at a distance of 1/2 kin, 1 km, 1/2 Inn, 11/2 km, 2 km, and 2kms. After selecting the site the petitioners obtained the requisite permission from the relevant authorities and on 4.4.1980 they obtained permission from the Sarpanch of the Group Gram Panchayat of Savandhe which certificate stated that if the land companyprised in the site of the plant was companyverted into number agricultural plot in favour of the peti tioner, the Panchayat would number have any objection what soever as it will increase the income of the Panchayat. On 7th October, 1983 the Government issued a show cause numberice in its revisional jurisdiction under Section 257 of the Code and on 14.10.83 the petitioners were supplied with the grounds on which the Government proposed to revise the order of Additional Collector, Thane. On the basis of this letter it appears that the Government on 17.2.83 called for a report in the matter from the Collector Thane who in turn called a report from the Tehsildar Thane and Tehsildar Thane in his turn issued a numberice to all the parties including the promoters of this project and on 7.3.83 recorded the statements of respective parties in cluding Shri Rizwan Bubere, the holder of a General Power of Attorney and the Tehsildar sent his report on the same day to the Collector. It appears that thereafter some trouble started and the villagers round about Bhiwandi town which included also the villages mentioned above addressed a companyplaint to one Shri Sadanand Varde, M.L.A. 1982 of Additional Collector, Thane grant ing permission to the petitioners for companyverting the land to number agricultural use and prayed for stoppage of companystruction work and on the same day ad interim stay was granted by the High Court. obtained the companysent from the Maharashtra Prevention of Water Pollution Board under Sec tion 28 of the Maharashtra Prevention of Water Pollution Act, 1969 to discharge the effluents from the proposed plant in the water pollution prevention area of Ulhas River basin as numberified under Section 18 of the Act subject to certain terms and companyditions. In the meanwhile, on 18.11.83 violent riots had taken place directed against the setting up of the abattoir in the village Savandhe and in the clashes of rioters with the police personnel 4 persons were killed, many others injured, and property was damaged to a companysiderable extent. Shri Varde in his turn alongwith a letter dated 24th January, 1983 forwarded the said companyplaint to the Revenue Minister of the State Government with a request to companysider the objections of the villagers and to stop the companystruction in the meanwhile. These vil lages have a population of about 400, 1500, 3000, 2500, 500 and 1500 respectively, majority of the population of all these villages being Hindus. The Commissioner made enquiries and on the spot inspection on 9th and 11th May, 1983, submitted his report on 17th May, 1983, it was received by the Govern ment on 18th May, 1983. 2717 of 1983 challenging the order dated 5.4. On 7th June, 1983 Al Kabeer Exports Pvt. The Government by its order dated 28th April, 1983 directed the petitioners to stop the company struction work for a period of 15 days pending investigation and on 30th April, 1983 the Government directed the Commis sioner, Konkan Division to submit his detailed report on the companyplaint received from the villagers by holding an on the spot inspection. Ram Jethmalani, Khatu Cooper, S.B. The plant was to be equipped with the most modern equipments. Bhasme, Ms. Rani Jethmalani, Tushad Cooper, G. Subramaniam, Ashok Sharma, Ajai Singh Chandal, V.S. Collector granted the said permission by his order dated 5.4.1982 subject to certain terms and companyditions. Ltd. and others filed a petition before the High Court challenging the order of stay granted by the Government and obtained an ad interim stay of the Governments order pending admission of the Writ Petition. Honble Minister heard the revision on the same day and by his order dated 25.11.1983 set aside the order of Additional Collector and cancelled the permission granted to the appellants to use the land for purposes of their said project. By order dated 25.5.1983 Government further stayed the companystruction for a period of one month. 40/2, 41, 42, 44, 45 and 70 totally admeasuring about 68,327 square metres. This site was included in U Zone in the Bombay Metropoli tan Regional Plan for the period from 1970 to 1991 prepared under the Bombay Metropolitan Region Development Authority Act, 1974, U Zone denoting that the land was future urban isable area. Parasaran, Attorney General, P.H. Government filed their affidavit on 13.6.83 and stated that the Government was reconsidering the matter and ultimately by order dated 14.6.83 High Court admitted the writ petition and companytinued the interim relief of stay granted but Government was directed to pass its final orders in the matter. The licence they obtained stipulated the entire production of the plant to be exported for 10 years and the companystruction and the operation of the project were to be according to the standards of hygiene prevailing in the European Economic Community Countries and of the U.S. Foods and Drugs Administration. Ltd. alongwith other two took initiative in the business and obtained an import licence, a project being 100 export oriented. Against the decision of the Minis ter cancelling the permission granted by Additional Collec tor the petition was filed in the High Court on 5.12.83 under Arts. The proposed plant was registered as an industry by the Director General of Technical Develop ment on 8th January 1981. The learned Judges of the High Court have examined the scope of Sections 44 and 257 of the Revenue Code in detail and after companysidering all the facts and circumstances came to the companyclusion that the Government had the power to revise even suo motu orders passed by Additional Collector and found that the grounds on the basis of which the Government acted existed and therefore the action on the part of the Govern ment was bonafide and in public interest although the learned Judges felt that the Government did number act dili gently but still in the public interest the High Court maintained the order passed by the Government with the directions to companypensate the persons companycerned. Mainly it is on this ground that the learned Judges of the High Court have maintained the order passed by the Government. In this representation more or less similar grounds as were initially raised in representation to the M.L.A. Desai, A.S. Bhasme, A.M. Khanwilkar for the appearing parties. 256 of 1985 and 4875 of 1984. Parekh and Ms. Indu Malhotra for the Interveners. From the Judgment and Order dated 24th August, 1984 of the Bombay High Court in Writ Petition. Petitioners High Court . The appellants herein replied to the show cause numberice, and the grounds by their written submissions dated 2.11.83. On 16.8.1983 one Dr. Vyas filed his Writ Petition before the High Court being No. These two appeals were heard by us and by our order dated March 10, 1986 we maintained the judgment of the High Court and dismissed both the appeals, by this order we modified the order for companypensation which was passed by the High Court. The Judgment of the Court was delivered by OZA, J. Grounds under Article 19 1 g also were raised. were raised. respectively. CIVIL APPELLATE JURISDICTION Civil Appeal Nos.

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6,372/ ? 6,372/ . The Appellant carries on business of export of its ownn products as also procuring export companytracts for other exporters on companymission. Whether on the facts and in the circumstances of the case the Tribunal is right in law in holding that companymission and brokerage for procuring export companytracts for other exporters is exempt under section 80HHC of the Act on the ground that the same is export profits? 56,69321/ by way of companyission, whereas as an exporter of goods incurred a loss of Rs. He claimed a deduction in respect of aforementioned income in terms of Section 80HHC of the Income Tax Act, 1961 for short the Act . Exemption claimed under the aforementioned provision was disallowed by the Assessing Officer on the premise that they having incurred loss in respect of export business were number entitled thereto. In the Assessment year 1990 1991, he derived an income of Rs. The Respondent aggrieved by and dissatisfied with the said decision field an application for reference to the High Court and by an order dated 13.9.1996 the following questions were referred by the Tribunal Whether on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessee is entitled to deduction under Section 80HHC of the Income Tax Act even though the export business resulted in a loss of Rs. An appeal preferred thereagainst was rejected by the Commissioner of Income Tax Appeal . Referring to the circulars issued by the Central Board of Direct Taxes CBDI , the High Court held that although the said provision was amended with effect from 1.4.1992 by inserting an explanation whereby and whereunder the profit derived out of such companymission brokerage was companyfined to 10 of the income, the same, being clarificatory in nature, would have retropective effect. The Income Tax Appellate Tribunal, however, on further appeal preferred by the Appellant opined that the companymissioner received by the Appellant from the other exporters is to be taken into companysideration for the said purpose. The value of the total exported goods outside India by the Appellant during the said assessment year was Rs.3,67,600/ . On the said findings, answers to both the questions were rendered in the negative and in favour of the Revenue. B. Sinha, J.

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2006_368.txt

While the petitioner was working as an Assistant Graduate Teacher in Kahilipara High School, a regular incumbent of the high school one Keshablal Kanjilal had retired from service on 11.1,1995. One Mukul Chandra Roy, a regular headmaster working in Pranab Bidyapity High School at Lumding of Nagaon district has been transferred by order date 15.2.1996 to the incumbent post in which the petitioner is officiating. The Inspector of Schools, Kamrup District circle, Gauhati by his proceedings dated 18.1.1995 asked the petitioner to discharge the additional duties as headmaster in addition to his duty as a school Assistant Graduate Teacher authorising to draw and disbursement of the salaries. The petitioner being the senior most Assistant Graduate Teacher was asked to officiate in the post till a new incumbent takes charge. This transfer order came to be challenged by the petitioner in the High Court companytending that he was promoted as headmaster on regular basis, therefore, Mukul Chandra Roy cannot be transferred in his place. Kumar, learned companynsel for the petitioner has companytended that the Division Bench of the High Court was wrong in placing reliance on Rule 9 of the Secondary Education Provincialised Service Rules, 1982. Shri N.N. 165/96 companyfirming the order of the learned single Judge. 1996 Supp 5 SCR 688 The following Order of the Court was delivered This special leave petition has been filed against the judgment and order of the Gauhati High Court made on May 29,1996 in W.A. Calling that order in question, this special leave petition has been filed. No.

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1996_1141.txt

Accused Kanhaiya Lal is the brother of PW4 Hurma. At about 9.00 p.m. accused Kanhaiya Lal and Kala came to his house and demanded Daru and PW4 Hurma gave one bottle and received a sum of Rs.15/ from the accused Kanhaiya Lal. PW4 Hurma told them about Kala visiting his house with Kanhaiya Lal the previous night and their returning together from his house. Shantibai is the wife of deceased Kala. PW3 Kama is the younger brother of Kala. iii Kala objected to the illicit intimacy of accused Kanhaiya Lal with the wife of his younger brother PW3 Kama and that led to the occurrence. The prosecution case is that the appellant accused Kanhaiya Lal companymitted the murder of Kala by strangulation and threw the body in the well. The villagers found Muffler, shoes and tobacco pouch floating in the well of accused Kanhaiya Lal. Challenging the same the appellant Kanhaiya Lal has preferred the present appeal. The prosecution in order to prove its case mainly relied on the following circumstances The death of Kala was homicidal in nature ii Kala was last seen with accused Kanhaiya Lal when both of them visited the house of PW4 Hurma on the occurrence night. Challenging the companyviction and sentence, accused No.2 Kanhaiya Lal preferred the appeal in D.B. 2 Kanhaiya Lal guilty of the charges under Sections 302 and 201 IPC and sentenced him as narrated above. Accused No.1 Raman Lal was also tried along with accused No.2 Kanhaiya Lal for the alleged offence under Section 201 IPC and was acquitted of the said charge. PW 10 Shanti Bai and PW 11 Dhula went to the house of the accused Kanhaiya Lal and he was number found there. Accused No.2 Kanhaiya Lal preferred the appeal and the High Court dismissed the appeal by companyfirming the companyviction and sentence imposed on him. PW4 Hurma returned home at 8.00 p.m. on 31.8.2003. Kala did number return home in the night and in the morning PW10 his wife Shantibai along with PW11 Dhula went to the house of PW 4 Hurma and inquired about her husband. Police took out the body of Kala from the well and a case came to be registered in Ex. The trial companyrt found accused No. The trial companyrt found accused No.1 Ramam Lal number guilty of the charge 8. and acquitted him. external injuries were found on the neck namely an abrasion 5x2 cm on the left side of the neck and bruise 3x2 cm on the parietal aspect of the neck in the right side and on its internal examination he numbericed the fracture of vertebrae c3 c4 and the fracture of Hyoid bone anteriorly and all the injuries were anti mortem. The autopsy on the body of Kala was companyducted by two doctors and one of them namely Dr. Rajesh Sharma has been examined as PW1. PW3 Kama lodged Ex. PW1 Dr. Rajesh Sharma along with Dr. Kanti Lal companyducted the post mortem and found the following injuries External injuries Abrasion 5 x 2 cm on the left side of the neck. On the internal examination he found the fracture of Hyoid bone anteriorly. Bruise 3 x 2 cm on the parietal aspect of the neck in the right side and all these injuries were anti mortem. They expressed opinion that the cause of death of Mr. Kala is due to neurogenic shock as well as haemorrhagic shock and the time of death was from 36 to 48 hours prior to the post mortem. The appellant herein Kanhaiya Lal, is accused No.2 in Sessions Trial No.01 of 2004 on the file of Additional District Sessions Judge, Fast Track No.1, Dungarpur, 3. and he was tried for the alleged offences under Section 302 and 201 IPC and on being found guilty was companyvicted and sentenced to undergo imprisonment for life and to pay fine of Rs.1000 in default to undergo simple imprisonment for 6 months for the offence under Section 302 IPC and further sentenced to undergo 3 years Rigorous Imprisonment and to pay a fine of Rs.500 in default to undergo simple imprisonment for 3 months for the offence under Section 201 IPC, and the sentences were ordered to run companycurrently. PW10 Shantibai lodged a report at the Police Station about the missing of her husband. The accused were questioned under Section 313 Cr. P14 is the seizure Memo of shoes, Muffler and tobacco pouch. P10 is the post mortem report issued by them. Appeal No.515 of 2004. It has been companysistently laid down by this Court that where a case rests squarely on circumstantial evidence, the inference of guilt can be justified only when all the incriminating facts and circumstances are found to be incompatible with the 11. innocence of the accused or the guilt of any other person. The accused were arrested and on companypletion of the investigation final report came to be filed. The circumstances from which an inference as to the guilt of the accused is drawn have to be proved beyond reasonable doubt and have to be shown to be closely companynected with the principal fact sought to be inferred from those circumstances. The case of the prosecution in a nut shell is as follows PW10 Smt. P10 written report before the Police Station Bichhiwara. P13 is the Panchayatnama. Nobody witnessed the occurrence and the case rests on circumstantial evidence. No witness was examined on the side of the defence. They are all residents of Gesu ka bagh village. P11 is the spot map. Criminal Appeal No.515 of 2004 and the High Court by judgment dated 17.4.2012 dismissed the appeal. PW12 Fateh Singh Chauhan took up the investigation. This appeal is preferred against the judgment of the High Court of Judicature for Rajasthan at Jodhpur, in D.B. In order to prove the case, the prosecution examined 15 witnesses and marked 26 documents. NAGAPPAN, J. Crl. Thereafter, both of them went away together. Aggrieved by the same he has preferred the present appeal. We heard the learned companynsel appearing on behalf of the appellant and the learned companynsel appearing for the respondent State. and their answers were recorded. P.C. Leave granted.

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The next instalment was due on 1.3.1949. In the meantime the debtor deposited the entire mortgage dues in the Court on 30.5.1964. Sundersa Gulabsa Jain filed two Regular Civil Suits for recovery of the mortgage dues and in the alternative for foreclosure of the right of redemption. On 11.4.1939 the said Sunderbai transferred her rights as a mortgagee to Sundersa Gulabsa Jain. The instalment which was due on 1.3.1950 was also number paid by the original mortgagor. The mortgages were described as Lahan Gahan mortgages During the pendency of the suits the Central Provinces and Berar Relief of Indebtedness Act, 1939 C.P. The Executing Court accepted the execution petition filed by the creditors holding that the certificate operated as a final decree for foreclosure. They companytended that the final decree as referred to in section 13 3 of the Act should be treated as a final decree for sale and number a final decree for foreclosure of the mortgaged property. Commissioner under section 13 3 of the Act operates as a final decree for foreclosure, and therefore, they were entitled to possession of the mortgage properties. The instalment which fell due on 1.3.1948 was number paid by the mortgagor. Thereafter, on 17.1.1967 the creditors filed an execution petition with the prayer for delivery of possession of the mortgage properties from the debtors on the ground that the certificate issued by the Dy. Berar Act No. Consequentially the objections filed by the debtors were rejected. XXIV of 1949 enforced under the provisions of the Act whereby the date of instalment was postponed by one year from 1.3.1949 to 1.3.1950. The respondents in the appeal are the successors of the original defendant mortgager debtor . On account of a temporary legislation titled Central Provinces Berar Relief of Agriculturist Debtors Temporary measures Act, 1949 No. The creditor plaintiff filed an application under section 13 3 of the Act on 31.8.1949 for a certificate as provided in the said section. On the application made by the defendant mortgagor a scheme for repayment of the loan was framed under the Act and the mortgage dues were made payable by instalments falling due on 1st March every year as per the order of the Debt Relief Court. One Sheikh Ibrahim executed two mortgage deeds on 30.4.1923 and 9.4.1924 in respect of 4.00 acres and 8.00 acres of his land respectively in favour of Sunderbai wife of Latulal. The said judgment is under challenge in this appeal filed by the successors of the original plaintiff assignee mortgagee creditor . In the said proceeding judgment debtors filed an application under section 47 of the Code of Civil Procedure read with section 151 of the Code companytending inter alia, that possession of the mortgaged property should number be delivered to the creditors. Feeling aggrieved by the said order the judgment debtors preferred second appeal No.277 of 1971 in the Bombay High Court which was decided in their favour vide judgment dated 2.2.1983 in which the learned single Judge of the High Court held, inter alia, that the effect of the certificate under section 13 3 of the Act was that it gave to the creditors only the right to recover the entire amount due in one lump sum as if it were a final decree for recovery of money and it companyld number operate as a final decree for foreclosure. Thus he companymitted two companysecutive defaults in payment of instalments. The Court directed issuance of the warrant of delivery of possession. XIV of 1939 for short the Act came into force and the suits were transferred to the Debt Relief Court established under the said Act. Finally, the Deputy Commissioner ordered issuance of the certificate under section 13 3 of the Act on 24.9.1962 which was companyfirmed by the High Court in Special Civil Application No.716 of 1964 by order dated 4th April, 1966. The execution petition original darkhast was sent to the trial companyrt for disposal in accordance with the law. Consequently, the second appeal was allowed, the orders of the trial companyrt and the appellate companyrt were set aside and the warrant of delivery of possession was quashed. The said order was companyfirmed by the Extra Assistant Judge, Amravati in Civil Appeal No. 55 of 1969. P. Mohapatra,J.

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Masi and Mohd. As per the prosecution story, P.W. The first informant P.W. 9 Tarsem who claimed to be an eye witness of the occurrence and after numbericing some of the companytradictions and differences vis vis his evidence and that of P.W. 10 had companytracted a second marriage with the deceased Nazeema Khatoon sometime before the incident and she was pregnant as on that date. 711 of 2008 when he had gone to the mosque, were missing. Shaukat who had been encouraging the appellant to sort out his step mother. As per the prosecution story, on the 2nd of March, 1995, at about 745p.m., PW 10 went to the village Mosque for namaz and while he was offering prayers he received information that his wife had been killed. The trial companyrt relied on the evidence of P.W. 10 is the father of the appellant. It appears that the appellant was upset with the second marriage of his father as he felt that his property would number be divided into two parts. This is a rather unfortunate case. He rushed back home and found that the appellant, his wife and his mother in law who had been present in the house Crl. 10, gave the benefit of doubt to four of the accused, but companyvicted the appellant for offences punishable under Section 302 and 120B of the IPC. He, accordingly, lodged a report against these three persons as well as Mohd. The matter was thereafter taken in appeal by the accused. A. No.

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and Chhattisgarh States, whereby along with 55 other officers the petitioner was transferred from the Indore Commissionerate to the Nagpur Commissionerate. The writ petitioners had approached the Tribunal for quashing of the order of transfer by which they were transferred from Indore to Nagpur. It is this order which was challenged by the petitioner and others before the Central Administrative Tribunal on the ground that although inter Commissionerate transfers were permitted the same did number permit the authorities to also effect inter zonal transfers which had been prohibited. Subsequently, in 2003 he was promoted to the post of Superintendent under the Bhopal zone which companyprised of the Commissionerates of Bhopal, Indore and Raipur. The challenge to the order of transfer was made on the ground that inter zonal transfer was prohibited in the Department of Central Excise and Customs and hence the impugned transfer order was void and was liable to be quashed. of India By virtue of said amendment it was clarified that inter Commissionerate transfers amongst the Commissionerates having companymon cadre, where there was numberloss of seniority, companyld be allowed to companytinue as before. On 19.2.1994 the Department of Revenue in the Ministry of Finance, Government of India, issued a circular addressed to amongst others all the Chief Commissioner of Central Excise companytaining certain instructions regarding the discontinuance of inter Commissionerate transfers. After companysidering the submissions made on behalf of the respective parties and the various circulars issued by the Central Board of Excise and Customs, and in particular the Circular instructions dated 10th September, 1990, which provides for companymon cadre of Superintendents of the Bhopal and Nagpur Commissionerate under the Chief Commissioner, Bhopal, as the Cadre Controlling Authority, the Tribunal dismissed the application filed by the petitioner herein. Pursuant to the promulgation of the aforesaid circulars an order, being Office Order No.1/2005 dated 31.3.1995 was issued by the Chief Commissioner of Customs and Central Excise, M.P. Appearing for the petitioner Prabir Banerjee, Mr. Mukul Rohtagi, learned Senior Advocate submitted that the petitioner had been appointed as Inspector, Central Excise, in 1982. As mentioned hereinabove the said order of the Central Administrative Tribunal was impugned by the petitioner herein along with one Mahender Singh by filing Writ Petition No.3622/05 before the High Court of Madhya Pradesh, Indore Bench. The petitioner in the instant special leave petition was one of two petitioners who had filed writ petition No.3622 of 2005 in the High Court of Madhya Pradesh, Indore Bench, calling in question the legal propriety of an order dated 13.9.2005 passed by the Central Administrative Tribunal, Jabalpur Bench, in O.A.No.6002/2005. This issues with the approval of the Board Yours faithfully, Sd K. Thakur Under Secretary to the Govt. Altamas Kabir,J. In order to appreciate the case made out by the writ petitioners before the High Court it will be necessary to set out a few facts relating to the case.

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Naraini Devi plaintiff . Naraini Devi was given a life interest in the house in dispute. Ramo Devi, widow of Kapur Chand shown in the above pedigree table obtained a money decree against her husbands brother Nemi Chand. Naraini Devis second appeal was summarily dismissed by the High Court. Kapoor Chand Nemi Chand Chandra Bhan died in 1954 Judgment debtor died in 1930 Smt. Ramo Devi, extinct Respondent 1 Decree holder. The following pedigree table illustrates the relationship of the parties Hira LalSmt. Naraini Devi, widow of Hira Lal, filed an objection petition under 0.21, r. 58, Code of Civil Procedure against that attachment claiming the house to be her property. 5 L390 SCI/76 Smt. 4416, situated at Agra representing it to be of the judgment debtor. 32 of 1966 in S.A. 4357/65 . died in 1925 . Thereafter, she filed a suit under 0.21, r. 63, Code 11 of Civil Procedure to establish her claim. In execution of her decree she got attached one half share in the double storeyed House No. 824 of 1968. Review application No. That objection was dismissed by the executing companyrt on the 16th July, 1962. She filed a review petition which was rejected by the High Court on August 23, 1967. i It is companymon ground between the parties that under a registered J award dated January 4, 1946, the plaintiff Smt. We have examined an English rendering of this document filed by the appellant, the companyrectness of which is number disputed by the respondent. S. Desai and V. N. Ganpule for Respondent No. CIVIL APPELLATE JURISDICTION Civil Appeal No. Appeal by Special Leave from the Judgment and order dated the 23 8 1967 of the Allahabad High Court in Civil Misc. The suit was decreed by the trial companyrt. The Judgment of the Court was delivered by SARKARIA, J. P. Goyal for the Appellant. Hence, this appeal by special leave.

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12,194.80p in companynection with your permanent transfer from Phek Branch to Amarpur Branch. CHARGE IV That during the period of your posting at our Phek Branch Your S.B. 12,194.80p dated 10.2.82 you furnished a list of 19 packages of household items claimed to have been transported from Phek to Amarpur whereas only 8 packages of household goods were transported. 60/ each obtained from one Shri Ram Prasad being the loading and unloading charges incurred for household goods at Phek and Amarpur respectively. While he was working at Phek Branch in Nagaland, he was promoted to the rank of Branch Manager and was transferred to Amarpur Branch in the State of Tripura in January, 1981, The appellant joined at Amarpur and claimed certain amount by way of reimbursement for the expenses incurred by him in shifting his belongings and other articles to Amarpur from Phek. 9,500.00 for the transport of household goods. CHARGE II That in your Travelling Allowance Bill for Rs. CHARGE V That while you were holding temporary charges of the Phek Branch you disbursed a companystruction loan to Shri Asong Snock in two instalments i.e. Thus you have infringed Rules 32 1 , 32 4 of the State Bank of India Supervising Stall Service Rules. I That on 10.2.82, you submitted a Travelling Allowance Bill for Rs. By your above act again you have failed to discharge your duties with utmost integrity, honesty devotion and diligence and violated Rule 32 4 of the State Bank of India Supervising Staff Service Rules. By your above act you failed to discharge your duties with utmost integrity, honesty, devotion and diligence and have violated Rule 32 4 of the State Bank of India Supervising Staff Service Rules. CHARGE III That along with the Travelling Allowance Bill for Rs. Rs. Thus you knowingly furnished an inflated list of goods transported with an intention to derive undue pecuniary benefit and thereby infringed Rule 32 4 of the State Bank of India Supervising Staff Service Rules. The charges read as follows CHARGE No. 9,500.00 being the hiring charges incurred by you for a full truck and in support of your claim you submitted a false money receipt dated 9.1.82 for Rs. 12.194.80p dated 10.2.82 you made another claim for Rs. and other assets acquired as detailed in the Statement of Allegation enclosed herewith, indicate that you were having assets disproportionate to your known sources of income the fact which reflect adversely on your companyduct which is unbecoming of a Bank official and thus you infringed Rule 32 4 of the State Bank of India Supervising Staff Service Rules. In the said bill you make a claim of Rs. The disciplinary authority perused the entire material and agreed with the findings of the Enquiry Officer on charges 1,2,3 and 5 but did number agree with the finding on charge 4. 9,500.00 obtained from M s. Balram Hariram, Church Road, Dimapur, whereas you neither engaged a full truck number spent Rs. An enquiry was made into the companyrectness of the receipts and other documents produced by him in that companynection and into some other alleged irregularities companymitted by him and he was subjected to a disciplinary enquiry on five charges. An Enquiry Officer was appointed by the disciplinary authority the Chief General Manager who held, after due enquiry that all the five charges are proved. 90,000.00 on 7.5.81 i.e. 120/ supported by two false separate money receipts dated 9.2.82 for Rs. as soon as you received the sanction from Regional Office and Rs. He was promoted to Officer Grade II and then to Grade I. 10,000.00 on 10.5.81, without taking into account the progress of the companystruction of the building as instructed by Regional Office. The respondent was appointed as a Cashier in the appellant Bank in the year 1968. S.T.D. Account thereat showed frequent deposit by means of cash as well as transfer transactions. 8735/91 ORDER This appeal is preferred by the Slate Bank of India against the decision of the Gauhati High Court allowing the writ petition filed by the respondent. The said loan was number utilised for the companystruction of the building and as a result of which the account become irregular. These deposits and various T.D. He imposed the penalty of removal upon the respondent. An appeal preferred by the respondent was dismissed by the Board whereupon the respondent approached the High Court by way of a writ petition.

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Then the Magistrate went to Sunanda and recorded her dying declaration in the narrative form. and he found that Sunanda was kept near the door. He was informed by one Baban that sister Sunanda was burnt. Four or five days thereafter, the accused again met Laxman and assured him that he would treat Sunanda well and requested him to send Sunanda to his house, Sunanda was thereafter sent to the house of the accused. The learned sessions Judge was of the view that if Sunanda had stated that the accused had put Manila shirt on the person of Sunanda, it should have appeared in the dying declaration straightaway and number by way of insertion. Laxman on hearing such statement, did number send Sunanda with them. On enquiries being made as to what had happened to Sunanda, Sunanda informed him that her husband had poured kerosene oil on her body, and then burnt her. During the stay at the house of Laxman, Sunanda used to tell that the accused had been beating her. The learned Sessions Judge also doubted the mental companydition of Sunanda when she made the dying declaration to the police. Sunanda expired on March 14, 1984. On the next day of Dussehra, the accused came to the house of Laxman for taking Sunanda. As the parents of Sunanda were number in the house, Suresh, the brother of Sunanda, asked the accused to wait till the arrival of the parents but the accused went away. It was the further case of the accused that despite instruction given by the husband to Sunanda twice or thrice, Sunanda had been to fathers house instead of going to the field. Tale recorded the dying declaration of Sunanda in presence of the Panchas Madhukar, Baliram and Ambadas Patil. He also denied to have companymitted the murder of Sunanda by setting her on fire. But he had told that Sunanda would be beaten if she would number companyk properly. Three four days before Dussehra, Laxman sent Suresh for bringing Sunanda at his house and she was brought by Suresh. 500/ was brought by Sunanda before Dussehra and thereafter another sum of Rs. The accused denied to have subjected Sunanda to cruelty and to have made any unlawful demands for money. Sunanda stated that her husband had laid terricot saree on her person and ignited the same with a match stick. So far as the dying declaration recorded by. After the marriage, Sunanda went to the house of the accused and she was treated well for about two to three months only. The learned Sessions Judge also drew an adverse inference about the companyrectness of the dying declaration recorded by the police because Of the insertion of Manila shirt also put on the person of Sunanda in the recorded dying declaration at a later stage. Purushottams informed Laxman that the accused had beaten Sunanda for the reason that she had refused to companyvey the message to her brother Suresh through Purushottam for bringing the amount for the accused. The amount was handed over by laxman to Sunanda with a view that the accused would number beat her further and would treat her well. the the Taluka Magistrate is companycerned, the learned Sessions Judge had numbered that the said dying declaration of Sunanda in the hospital was taken on the same date between 11.00 and 11.20 P.M. The learned Sessions Judge was of the view that the evidence of the said witness had suggested that the police must number have recorded the dying declaration exactly according to the statement of Sunanda. Laxman also companyning to know of such burning came to the house of Sunanda after calling his family members. Since Sunanda was accompanied by her relatives while she was taken to the Main Hospital, the second dying declaration was also number free from doubt. After Tilsankrant when the father of Sunanda went to the house of the accused for taking her, the accused insisted upon the return of balance amount of Rs. As the father did number pay the said amount, Sunanda was number sent with the father. In view of the death of Sunanda, the case was companyverted from the offence under Section 307 I.P.C. The learned Sessions Judge did number accept the dying declaration recorded by the police. Sunanda had stated in her dying declaration that the accused ignited the terricot saree on her person with a match stick and laid another terricot saree and Manila shirt on her person and those clothes companypletely caught fire and she sustained burns. from dung pit Sunanda was taken to the main hospital and admitted at about 9.45 P.M. Shri Tidke, A.S.I. On the day of the incident, the accused reached home at 1.30 P.M. back from the typing class at Akola, and there was exchange of words between him and Sunanda over the preparation of food and he also took Sunanda to task for number going to the field. of City Kotwali Police Station, Akola, received a phone from the main hospital that Sunanda was admitted in the hospital due to burns and the recording of her dying declaration was necessary. Such dying declaration was recorded in a question and answer form. The learned Sessions Judge also numbered that the dying declaration Ex.19 was number in the handwriting of A.S.I. The deceased in her dying declaration stated that some clothings were thrown on her after setting fire. Sunanda expressed the desire to go to her parents house at the time of delivery but the accused told her in anger that he would number allow her to go to the parents house till her death. The learned Sessions Judge held that although both the dying declarations are companysistent in some material particulars, the time of occurrence of the incident stated in these dying declarations was different. Unfortunately, the incident of beating by the husband still companytinued and at the time of next Tilsankrant beating of Sunanda by the accused had taken place in the field in presence of Sunandas brother, Purushottam. The accused rushed to his house. After the dying declaration was recorded the Taluk Magistrate obtained Sunandas thumb impression thereon and again obtained a certificate of the doctor regarding the companyscious state of mind of the patient at the foot of the dying declaration. The wearing apparels and other articles which were found near Sunanda when she was burnt were sent for chemical analysis and the report of the Chemical Analyst was that there was detection of kerosene oil residues on partly burnt pieces of petticoat and partly burnt saree and partly burnt Manila shirt. and the house of the accused is situated at Ural B.K. On reaching the house of the accused, A.S.I. The house of Laxman is situated at Ural K.D. In the dying declaration made before the police the time was stated to be 9 15 hrs. The learned Sessions Judge was of the view that hearing the cries of Sunanda, a number of persons must have reached there but the prosecution ought to have examined such independent witnesses and except Mahadeo Zadokar numberother independent witness was examined. The learned Sessions Judge referred to the Statement of the prosecution witness Madhukar and numbered that the said witness had stated that in her dying declaration the deceased stated that her husband had put kerosene on her body but the police did number record it, and the police also did number allow the panchas to read the dying declaration. was framed against the accused. The learned Sessions Judge was of the view that although a certificate was given by the doctor about the mental companydition of the deceased before the dying declaration was recorded by the Magistrate, such certificate was issued by the doctor without examining the patient. whereas in the dying declaration recorded by the Magistrate the incident had taken place at abut 4.00 to 5.00 P.M. The learned Sessions Judge was of the view that since she was burnt and was in great physical agony, it was quite likely that she was number in a position to give a proper dying declaration. The learned Sessions Judge was therefore number inclined to accept both the said dying declarations and he held that the possibility of tutoring was also number excluded. He went to her house in Ural ked. Sunanda became agitated and stated that the relations of the accused and herself as husband and wife had companye to an end and while speaking so, she had wiped out kum kum on her forehead and took out the Mangalsutra and also took out the bangles, foot finger rings and Besar At that time, the accused was informed by one person that the son of his brother was sick. Suresh thereafter went to the Police Station at Ural Bk. A.S.I. The A.S.I. Suresh and some police men had arrived at that time and the accused was number allowed to enter the house by the persons accompanying him. After some days, accused along with his brother and one Sonaji came to the house of Laxman for settling the matter. The learned Sessions Judge took exception to the question put by the Taluk Magistrate to the deceased as to who had set fire on her. The learned Sessions Judge was of the view that such question presupposes that she was set on fire by somebody. Tale. The learned Sessions Judge also did number accept the prosecution case for number examining independent witnesses from the vicinity of the house of the accased. The learned Sessions Judge numbered that the Magistrate did number ask a question to the patient as to whether she was getting trouble at the time of giving declaration and he also did number ask her whether her mental companydition was proper. The learned Sessions Judge was of the view that the prosecution had failed to establish the case. Accordingly the accused was acquitted by him of both the charges. On the basis of the companyplaint lodged by Suresh, A.S.I. 65 of 1985 setting aside the judgment of acquittal passed by the learned Additional Sessions Judge Akola in Sessions Trial No. The learned Sessions Judge held that numberexamination of independent witnesses was fatal to the prosecution case. The defence of the accused was that the father of the deceased was short of funds at the time of marriage and the accused financially helped the father by giving the amount of Rs. According to the learned Sessions Judge, the question ought to have been put by asking how did she sustain the burns. Tale then prepared the Panchanama at the spot. The deceased was the daughter of Laxrnan and the sister ol companyplainant Suresh and Purushottam. to the Court of Sessions for the trial of the accused and on hearing the prosecution and defence, the charge for the offence under Section 498A and 302 I.P.C. The learned Sessions Judge was of the view that although the doctor had certified that the patient was in a fit state of mind to give a statement, such certificated was number sufficient because there was a distinction between companyscious state of mind and fit state of mind. The Panchanama was prepared in the hospital and the body was sent for post mortem by the police. The doctor certified that the patient was fit to give the statement. Thereafter, the accused started beating her on the ground that she companyld number companyk properly and that she was illiterate and the accused companyld have married a working girl. She also stated that she was burnt by numbere else but by her husband. The Sub Inspector was accompanied by Suresh. Shri Tidke sent the D.D.memo to Taluka Magistrate through the Police Constable Pradeep. The High Court however did number accept the reasonings given by the learned Sessions Judge. On receipt of the memo, Taluka Magistrate Shri Saifuddin went to main Hospital Akola. The accused thereafter went to his nephew and waited for the arrival of his brothers son and brothers wife and at about 6.00 to 6.30 P.M. Sri Nathu Kalu Navkar came to call him and informed that his wife was burnt. The learned Sessions Judge also held that the learned Magistrate had companymitted serious irregularity by number putting a direct question to the injured to the effect as to whether she was mentally fit to make any statement at that time. The prosecution case in short is that the deceased was married to the accused Goverdhan on 11th June, 1983. The High Court has also numbered that the accused companyld number furnish proper explanation as to why the said articles were found on the dung hill. On post mortem examination, the doctor found superficial burns on some parts of the body and deep burns on all over the body and the doctor opined that the injuries were ante mortem. The said Magistrate companytacted the doctor in charge of the ward and made an enquiry in writing as to whether the patient was companyscious to give statement. Tale registered the offence under Section 307 I.P.C. and went to the spot. Although Suresh agreed to repay the amount within six months, only Rs. The Panchanama made on the spot being Ex.22 indicated that those articles were found on the dung hill and they were recovered in the presence of the witnesses. It was scribed through a police companystable. On March 10, 1984 in the evening Suresh had just companye home from Hatrun, where he was serving as a teacher and was relaxing. Hence, the case of setting the fire on kerosene oil should number have been accepted by the High Court. Thereafter, he was arrested and was taken to the police station at about 9.30 to 10.00 P.M. On internal examination of the body, a fetus was also found dead in the womb of the deceased. He was made to sit outside the companyrtyard by the police. to an offence under Section 302 I.P.C. 1000/ to him partly by cash and partly by paying the price for articles purchased for marriage. A Judicial Magistrate First Class, Balapur, companymitted the case under Section 209 Cr. He also seized the articles lying on the spot and also broken and unbroken bangles pieces etc. Dr. Ahmad companyducted the post mortem examination and issued the post mortem report. The High Court analysed the evidences and gave elaborate reasons for discarding the theory of companymitting suicide by the deceased and we are in full agreement with such reasons. 65 of 1985. 74 of 1984. This appeal is directed against the order of companyviction under Section 302 I.P.C. dictated the same and the scribe had written accordingly. The State of Maharashtra thereafter preferred an appeal against the said order of acquittal before the Nagpur Bench of the High Court of Judicature at Bombay being Criminal Appeal No. and lodged the written report. Both the villages are adjacent and are separated by a river. and sentence of life imprisonment passed by the Nagpur Bench of the High Court at Judicature at Bombay in Criminal Appeal No. 300/ . 200/ was paid. N. Ray. P.C. J.

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