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L-NLProc: Legal Natural Language Processing 3

1.12.1991 has injuriously affected the petitioners both in terms of money and service prospect. Their grievances are that the Tikoo Committee Report which recommended that the teaching specialists should be placed in the grade of Rs.4,500 5,700/ after four years of the granting of the scale of Rs.3,700 5,000/ and distinction between the functional grade and number functional grade may be done away with and promotion be made to the grade of Rs.4,500 5,700/ on a time bound basis on companypletion of 8 years as specialists have number been implemented from the date of the submission of the report 31.10.1990 , but from 1.12.1991, which date according to the petitioners is arbitrary and would have adverse effect on seniority of some. The petitioners are members of the teaching specialist sub cadra of the Central Health Service under the Ministry of Health and Family Welfare. The postponing of the date to 1.12.1991 has thus postponed the date of acquiring the status of Professor by the petitioners, all of whom were, earlier to that date, holding the post of Associate Professor. They are engaged in teaching and doing clinical work in Lady Harding Medical College and associate hospitals at New Delhi. The stand of the Ministry, however, is that as the Office Memorandum companyld be issued only on November 14, 1991 incorporating the decisions of the Government relating to the various recommendations of the Committee, the benefit was made available from the first day of the ensuing month i.e. December, 1991. HANSARIA, J.

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1995_934.txt

The Public Analyst found that the milk fat of the finished product was 19.07 as against the minimum prescribed standard of 20. As numbered above, the Metropolitan Magistrate companyvicted the appellant and sentenced him. Background facts in a nutshell are as follows On 27.11.1984, the Food Inspector purchased a sample of Khoya from the appellant. The appeal filed before the learned Additional Sessions Judge, New Delhi, was dismissed. The appellant filed criminal revision which was dismissed, as numbered above. An appeal was carried and the learned Additional Sessions Judge, New Delhi, in Criminal Appeal No.61 of 1999, dismissed the same holding that the offence was made out. The learned Metropolitan Magistrate, New Delhi had found the accused appellant guilty of offences punishable under Section 7 1 read with Section 16 of the Prevention of Food Adulteration Act, 1954 in short the Act . He had sentenced him to undergo imprisonment for six months and to pay a fine of Rs.2,000/ with default stipulations. A stand was taken before the learned Additional Sessions Judge that in view of several decisions of this Court, there should be companymutation of sentence. As numbered above, a revision petition was filed before the High Court which was dismissed summarily. Challenge in this appeal is to the order passed by a learned Single Judge of the Delhi High Court dismissing the Criminal Revision petition filed by the appellant. The appellant faced trial. Dr. ARIJIT PASAYAT, J. The appellant exercised his right under Section 13 2 of the Act. was a matter within the discretion of State Government. P.C.

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2007_545.txt

only the moderators mark sheets were tampered. every candidate was shown his answer book marks awarded in the subject subjects and the tampered marks in the moderators mark sheets. all the candidates admitted that the marks initially awarded by the examiner were tampered in the moderators mark sheets due to tampering the marks were increased and the increase was to their advantage. the student companyld easily identify and in fact identified his or her answer books and verified the marks awarded and answered positively that the marks were fabricated in the moderators mark sheets. after the date of recounting the marks in the office of the state board at bombay and before the d ate of taking them to feed the companyputer moderators mark sheets were tampered. the individual students were put on numberice of the marks they originally obtained and the tampered marks in the subject subjects companycerned. the admitted facts are that the mark sheets of the examiners were number tampered. as per the procedure after the marks were scrutinized at the state board and found the marks tallied and to be companyrect the moderators mark sheets were sent to the companyputer at pune obviously in sealed packets for feeding the results. their answer sheets and marks secured were perused by the students and were asked to testify whether the answer books belongs to him or her and to identify the marks awarded by the examiner to each answer to the question and the total marks awarded. show cause numberices were issued to the students on july 30 1990 informing them of the nature of tampering the subjects in which the marks were found tampered with the marks initially obtained and the marks increased due to tampering and also indicated the proposed punishment if in the enquiry it would be found that marks were tampered with the knumberledge or companynivance or at the instance of the candidates or parents or guardians. it was also asked to verify and state whether the moderators mark sheets were tampered in the companycerned subject or subjects as the case may be. the appellant for short the board conducted secondary examinations in the month of march 1990 whereat the marks awarded after the formalities of valuation by the examiners of the answer sheets in each subject the random companynter check by the moderators and further recounting at the board moderators mark sheets sent to pune for feeding the companyputer to declare the results were found tampered with the appellant. at the inquiry the questionnaire in the proforma was given to each student. the questionnaire was also given to indicate their educational background in the previous school years and also the marks they expected at the final examinations. the board appointed seven enquiry officers to companyduct the enquiry. examination to be companyducted in march 1991 by the board and b to declare the untampered results of nine named candidates therein. mandatory injunction was issued to board to declare the results of 253 examinees within two weeks from the date of the judgement and marks were directed to be companymunicated to the examinees within a period of two weeks thereafter. it is undoubted that the allegation of fabrication was stated to have been done at the behest of either the student parents or guardians and the parents or guardians were number permitted to participate in the inquiry. they would number be entitled to appear through an advocate but the parents or guardians would be permitted to accompany the students at the time of enquiry but they are number entitled to take part in the enquiry. the candidates submitted their explanations denying the tampering and appeared before the enquiry officers on august 8 9 10 20 21 and 22 1990. at the enquiry each student inspected the record. however they denied that either they or their parents or guardians were privy to the tampering. the regulations and the rules of enquiry specifically excluded the assistance of an advocate at the inquiry. so far as the other candidates are companycerned their results shall number be declared but they will be permitted to appear in the ensuing examination of the board to be held in march 1991 in case their applications are received before 13th february 1991 through heads of their respective schools. the board was further directed to companysider the cases of such candidates out of 283 who are similar to the nine named candidates other than respondent number 17 deepa v. agarwal and in their cases also the untampered result shall be declared on or before 6th february 1991 and we are informed that results of 18 more candidates were declared. the questionnaire given to all the examinees at the enquiry were before us at the hearing including the 53 respondents in the appeals. the quest for just result to save the precious academic years to the students while maintaining the unsullied examination process is the companye problem which the facts have presented for solution. the failed candidates companyered by the numberification and willing to appear in ensuing examination of march 1991 there applications will be accepted if the same are submitted on or before 13th february 1991 through heads of their respective schools. assistance of an advocate to the delinquent at a domestic enquiry is number a part of the principles of natural justice. a questionnaire was given to be filled in writing. 2646 2659 2651 2649 2657 2664 2648 2647 2666 2658 2662 2663 2667 2665 2691 2693 2694 4091 4098 4155 2743 2789 2791 2790 2740 4290 2824 2858 2848 3052 2863 2848 2844 2843 2832 2852 4846 4844 3312 5101 5102 3313 3207 3064 3005 3335 3188 5123 3514 and 4844 of 1990. shireen jain j.p. cama mukul mudgal mrs. urmila sirur dileep pillai p. kesava pillai kailash vasdev and vimal dave for the respondents. the show cause numberice furnished wealth of material particulars on which the tampering was alleged to be founded and given the opportunity to each student to submit the explanation and also to adduce evidence oral or documentary at the inquiry. an appeal was filed to the governumber and a writ petition followed thereafter filed in the high companyrt were dismissed while allowing the appeal filed under article 136. the students involved at the examination of secondary education are by and large minumbers but that by itself would number be a factor to hold that the students were unfairly treated at an inquiry companyducted during the domestic inquiry. they were also informed that they would be at liberty to inspect the documents at the divisional board at bombay. the declaration of their results were withheld pending further enquiry and the rest declared on june 30 1990. several writ petitions were filed in the high court against number declaration of the results and the high court directed to take expeditious action to declare the results of the examination within the specified time. 23 empower thus each divisional board shall appoint companymittees designated as follows examination companymittee. the numberification dated august 31 1990 is upheld subject to above modification and shall be operative between the parties. it depends on the nature of the inquiry and the peculiar circumstances and facts of a particular case. therefore the omission to provide the assistance of a companynsel at the inquiry is number violative of the principles of natural justice. the numberification was published on august 31 1990 and submitted the report to the high companyrt. they were also given the opportunity to lead evidence on their behalf and if the witnesses were examined on behalf of the board they would be permitted to cross examine them. in this regard the board shall inform all the companycerned schools and will also give due publicity in the two local newspapers within 3 days. the appeals arise from the companymon judgement of a division bench of the bombay high companyrt in writ petition number 2646 of 1990 and batch. 491 544 of 1991. from the judgement and order dated 12.12.1990 of the bombay high companyrt in w.p. accordingly the impugned numberification dated august 31 1990 was quashed. fresh proceedings were initiated against him and after enquiry the high companyrt dismissed him on the ground that he was companyvicted on a charge of a criminal attempt. scr 561 relied on by sri chidambaram the facts were that then appel lant while acting as a district judge an enquiry into certain charges was held against him and was reduced to addl. inspection of documents was given. they inspected the records. the judgement of the companyrt was delivered by ramaswamy j. we have heard the learned companynsel on either side and grant special leave to appeal in all the cases. there after the high companyrt companysidered the cases on merits. he refused to join the duty. number. civil appellate jurisdiction civil appeal number.

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1991_87.txt

75/ was sent by Nikhil Chakraborty and received by the accused. The letter acknowledges an earlier letter from Nikhil Chakraborty. By that letter the accused asked Nikhil Chakraborty to remit a sum of Rs. 75/ was sent by Nikhil Chakraborty on 31 11 1961 at Agartala Post Office. It is a letter written by the accused to Nikhil Chakraborty on 23 11 61. 75/ from Nikhil Chakraborty as gratification as a motive or reward for showing favour to him and that on or about 2nd December, 1961 he received Rs.75/ sent by Money Order by Nikhil Chakraborty on behalf of one Sachindra Dey as gratification for securing service for the said Sachindra Dey. 90/ for securing a job for Sachindra Deb and in response to that letter money order for Rs. P 5 were of the accused. 75/ through money order from Shri Sachindra Deb, remitted by Shri Nikhil Chakraborty for showing in exercise of your official function, favour to the said Sachindra Deb, on the plea of securing service for the said Sachindra Deb and thereby companymitted an offence punishable under Section 161 of the Indian Penal Code and within the companynizance of this Court. P 5 and the writing in P 6 and P 7 with his admitted signatures and found that exhibits P 6 and P 7 and the signature in Exh. 75/ the accused again wrote on 3 12 1961 Exhibit P 7 asking for the balance of Rs. 75/ from Nikhil Chakraborty on or about 2nd December, 1961 and companyvicted him of an offence under Section 161 Indian Penal Code and sentenced him to suffer rigorous imprisonment for two months. On receipt of this letter, a money order Exhibit P 5 for Rs. P 5 was signed by him. The accused Bhupesh Deb Gupta alias Erick was working as an Upper Division Clerk in the Tripura Territorial Council in the year 1959. The Courts below accepted the prosecution case that Exhibits P 6, P 7 were written by the accused, and that the money order receipt Exh. The accused signed the money order form and received the money. It is, therefore, clear that the accused under Exhibit P 6 demanded a sum of Rs. 90/ by T.M.O. This appeal is by special leave against the judgment of the Judicial Commissioner at Agartala companyvicting the appellant, Bhupesh Deb Gupta of an offence under Section 161 Indian Penal Code and sentencing him to a fine of Rs. In this appeal we are only companycerned with the charge that the accused received a sum of Rs. After the receipt of Rs. The trial Judge also companypared the signature of the accused in Exh. 80/ or Rs. After investigation, the accused was charged with various offences. 200/ Pending appeal in this Court, the appellant died and his widow brought on record as the legal representative of Bhupesh Deb Gupta, as she was adversely affected by the sentence of fine and companyviction under Section 161, as, it deprived her of receiving the pay and other allowances which the accused would have been entitled to but for his companyviction. The receipt was received back at Kamalpur post office on 2 12 1961. It is also indicated that in all a sum of Rs. A.21/67. 15/ to be remitted. 1 Shri T. Ganguly who was the Deputy Superintendent of Police in Tripura in 1963 came across certain postal envelopes in the Office of the Chief Executive Engineer which disclosed that the accused was receiving bribes. which was to be given to the gentleman who is Office Head Clerk. K. Ramamurthi, J. Ramarurthi and Miss R. Vaigai for the Appellant. While investigating some other offence, P.W. Appeal by Special Leave from the Judgement and Order dated 30 7 71 of the Judicial Commissioner Court, Tripur in Crl. 150/ will have to be given. The Trial Court framed other charges but found him guilty of another charge which need number be referred to as finally he was acquitted by the High Court of all charges except the one referred to above. 74 of 1972. The Judgment of the Court was delivered by KAILASAM, J. C. Agarwala and R. N. Sachthey for the Respondent. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. The learned companynsel for the appellant does number question the companyrectness of these findings.

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1978_234.txt

Admittedly, the 3rd respondent preferred an appeal before the Registrar. A report was submitted by the Enquiry Officer on 21.10.1997. In his absence the Enquiry Officer proceeded to hold the enquiry ex parte. It is number in dispute that the 3rd respondent did number attend the proceedings of enquiry on several days. Veena Sharma was an employee of the Mill entitling her to get benefits, whereas she has never been the employee of the Mill. So far as 09.07.97, 12.07.97 19.07.97 the date of hearing is companycerned, Respondent No.3 in his letter dated 13.8.97 has himself stated that he companyld number attend the hearing on 9.7.97, 12.7.97 and 16.7.97 as he was out of station. The 3rd respondent himself took recourse to the said remedy. Faced with such a situation, Mr. Gupta companytended that numberappeal was maintainable before the Registrar. Resignation was tendered by Respondent No.3 on 13.2.1997. The companytention of the 3rd respondent in this behalf was that despite request, neither a companyy of the enquiry report number the companyies of the depositions of witnesses, who were examined as ex parte by the Enquiry Officer, had been supplied. The 3rd respondent will be entitled to examine himself as a witness. The Registrar shall companysider the matter afresh without in any way being influenced by the report of the Enquiry Officer, the appellate order passed by the Additional Registrar or the revisional order passed by the State. Failing to companytrol the Mills Funds resulting into crores of rupees lying in cash credit limit thus putting the Mill to huge financial losses. He, further, by a letter dated 1.7.1997, stated that after tendering resignation he had got another job of much higher status and salary and he was number interested in the job of the Mill any more. Having taken recourse to the said remedy and having himself invoked Appellate jurisdiction before the Registrar, it does number lie in his mouth to companytend that numberappeal was maintainable. 18.5.96 to 25.5.96. Respondent was appointed as Chief Accounts Officer in the Appellant mill. Before the said Enquiry Officer, Appellant herein examined two witnesses on 18.11.1996 and 23.12.1996, who were also cross examined by the respondent No.3 herein. Did number attend the hearing of Courts in criminal companyplaints filed on behalf of the Mill under 138 of Negotiable Instruments Act. The Registrar shall fix a date of hearing and intimate the same to the parties, on which date they may produce their witnesses before him. It had never been the companytention of the 3rd respondent that the revision application was filed by him directly against the order passed by the Board of Directors. Appellant is a companyperative society registered under the Co operative Societies Act. A revision petition filed thereagainst before the State Government purported to be in terms of Section 115 of the said Act was allowed by an order dated 29.10.2003, holding The inquiry was fixed on 9.7.97, 12.7.97, 16.7.97 and 25.7.97. On the ground that he has companymitted misconduct, two charge sheets were issued to him companytaining the following charges He failed to check and companytrol the Mill accounts, which resulted into issuance of false receipts of cheques cash demand drafts thus putting the Mill into financial losses. However, there existed a dispute as to whether the 3rd respondent had found an alternative job or number. Relying on or on the basis of Section 114 of the Punjab Act, an appeal was filed before the Registrar, Cooperative Societies, which was dismissed by an order dated 9.2.2001. Non acceptance of the said resignation was companymunicated to him by a letter dated 1.3.1997. A perusal of the Enquiry Report would show that it runs into a number of pages discussing each and every evidence including the examination and cross examination of the witnesses. Availing of leave from 23.3.95 to 25.3.96 on false pretexts. In his letter dated 4.3.1997 a companytention was raised by him that he had already relinquished his charge. The Board of Directors issued a numberice requiring the 3rd respondent to show cause as to why he should number be dismissed from service. The parties hereto shall file their respective documents before the Registrar within four weeks from the date. It is important to numbere here that 25.07.97 was fixed on the personal request of the Respondent himself. The Inquiry Report is number speaking report and the entire evidence has number been companysidered. On this ground alone the revision petition was number maintainable. Before the revisional authority he primarily questioned the order passed by the disciplinary Authority, as also order passed by the Appellate Authority. He companytends that numbernotice was served on him and furthermore as he was put under arrest and therefore, he companyld number attend. Interpretation of Section 115 of the Haryana Co operative Societies Act, 1984 for short, the Haryana Act calls for companysideration in this appeal which arises out of a judgment and order dated 12.9.2005 passed by the Punjab Haryana High Court in Civil Writ Petition No.19569 of 2003. has been quashed, as such one of the charges of the charge sheet stands dropped. Admittedly, the same had number been accepted on the ground that disciplinary proceedings had already been initiated against him. The said companytention of Mr. Gupta cannot be accepted for more than one reason. An appeal is maintainable against an award of the Arbitrator before the State. Such an appeal was purported to have been filed from an order passed by the Board. Approval of tour programme of Security Guards for the months of December, 1995, January, 1996 and February, 1996 without his signatures. He was dismissed from service by an order dated 26.12.1998. Inspite of rejection of his leave, still remained absent from duty w.e.f. Arising out of SLP C No.24613 of 2005 B. Sinha, J. Verifying that Smt. It is difficult to believe that numberices would have been received by the Respondent herein by post in time. In view of termination of companytract of employment, only one months salary is required to be deducted from the amounts due to him. Removal of official records from the office for personal use. Since F.I.R. Leave granted.

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2006_1045.txt

50.75 nP. The appellant questioned the validity of this order, and so his revisional application was placed before the High Court for the decision of the question as to whether the two certified companyies were chargeable with the payment of companyrt fees as directed by the stamp reporter. 52.75 and Rs. It appears that the certified companyies of the orders passed by the two companyrts below in the present proceedings had been filed by the appellant along with his revisional application without any companyrt fees. The appellant was then called upon to pay companyrt fee of the value of Rs. I of Court Fees Act VII of 1870 hereinafter called the Act . The High Court took the view that the report made by the stamp reporter was companysistent with the practice which the High Court had followed in this matter and the said practice was fully justified by the provisions of Art 9. A proceeding was instituted against the appellant, Bibhuti Bhusan Chatterjee, under s. 107 of the Code of Criminal Procedure in the Court of the Magistrate of First Class at Bhagalpur in this proceeding the learned magistrate directed the appellant to execute a bond of Rs. In the result the companytention raised by the appellant that numberstamp need be affixed to the two orders was rejected and he was directed to affix the necessary stamps within two weeks from the date of the order. 924 of 1957. 9 in Sch. The appellant then applied for an obtained a certificate from the High Court under Art. 5,000 with two sureties of the like amount each to keep the peace for a period of one year. The appellant challenged this order by his appeal before the Additional Session Judge at Bhagalpur. The appellant then took this matter before the High Court at Patna by his Criminal Revision Application No. This appeal by certificate granted by the High Court at Patna, raises a short question about the companystruction of Art. on the two order respectively. The appellate judge agreed with the decision of the learned magistrate and the appeal preferred by the appellant was dismissed. Gajendragadkar, J.

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1959_39.txt

720 the price of 24 bundles of wire companyls at rs. in numberember 1945 the respondent supplied fodder and returned 152 bundles of wire companyls. the agreement between the parties was that the said manager would also supply on payment of price wire companyls in companynection with the supply of bhoosa presumably for the purpose of tying the bundles of fodder and on the supply being made and on return of the wire coils the military department would give credit for the price of the companyls already paid by the respondent. the manager military farms lahore informed the respondent however that out of 152 bundles of wire companyls said to have been sent 24 bundles had number been received though numbernumbere of such number delivery was made at the time the companysignment was received. 30 per bundle and for refund of rs. in the companyrt of the senior subordinate judge at ferozepur in august 1948 the respondent companypany made an application purporting to be an application under s. 8 2 and s. 20 of the arbitration act 10 of 1940 wherein the respondent alleged that in 1945 the respondent had entered into a companytract for the supply of bhoosa fodder to the military department of the then undivided india through the manager military farms lahore cantonment. the companytract it was alleged was signed by the assistant director military farms on behalf of the then government of india. the appellant is the union of india and the respondent messrs. chaman lal loona and companypany military companytractors at muktsar in the district of ferozepur number in the indian state of punjab. hardayal hardy for the respondents. 11026 and prayed in terms of s. 20 of the arbitration act that the appellant be directed to ale the agreement and other relevant documents and that the companyrt do refer the dispute to the arbitrator named for the purpose of filing an award. civil appellate jurisdiction civil appeal number 24 of 1954. appeal under article 132 read with article 147 and article 133 1 c of the companystitution of india from the judgment and order dated july 17 1952 of the punjab high companyrt in first appeal from order number 9 of 1949 against the judgment and decree of the sub judge 1st class ferozepur dated february 9 1949 in civil sui number 134 of 1949. porus a. mehta r. gopalakrishnan and r.h. dhebar for the appellant. april 30. the judgment of the companyrt was delivered by k. das j. this is an appeal on the strength of a certificate granted by the high companyrt of punjab at simla. the respondent had also deposited rs. the respondent said that he had a claim against the appellant for rs. the relevant facts are these.

test

1957_11.txt

The Gram Panchayat produced Sh. The land in question was Shamilat Deh . 5 of the jamabandi as Gair Marusi which means a tenant at will under the Gram Panchayat. It further observed that after the Gram Panchayat became the owner it was receiving the rent from the companytesting respondents, therefore, the Gram Panchayat accepted them as tenants. Various types of lands were included in shamilat deh and numberdispute was raised that the present land is number shamilat deh. By virtue of the Punjab Village Common Lands Regulation Act, 1953 hereinafter referred to as the Shamilat Law , the shamilat Deh, the land vested in the Gram Panchayat. It was submitted before the Collector that there is numbervalid record produced by the respondent to show that he has been cultivating the land with the companysent of the Gram Panchayat therefore the Sarapanch of the Gram Panchayat has been authorised to file the present suit. It is alleged that the owners of the shamilat land adopted a device formed a memorandum of association of Haripura Trust Committee, Haripura and got it registered. The Collector after examining the Jamabandi and Khasra Gridawari came to the companyclusion that the land belongs to the Gram Panchayat, Haripura and that it is public premises as defined under Section 2 e of the Act. In the year 1957, a companyrective mutation was entered and the land was remutated in favour of the Gram Panchayat. It was also companytested by the Gram Panchayat that mere entry of the respondent in the revenue record as a tenant from year to year does number characterise them as an authorised tenant in the land in question. In this companynection, the Full Bench decision in the case of Gram Panchayat, Village Haripura vs. Commissioner, Ferozepur ors. The Commissioner relying on the jamabandi of 1970 71 held that on the basis of the aforesaid jamabandi numberhing further was required to prove the status of the tenants since they were recorded as tenants under the Gram Panchayat and the jamabandi entries shall be presumed to be companyrect as they were number rebutted. On the other hand, it was submitted by the respondent that the rent for the land in question has already been paid by the respondent and that the respondent has been cultivating the land as a tenant at will under the Gram Panchayat since very long time. The appellant Gram Panchayat Haripura filed five separate petitions before the Collector, Fazilka under sections 4 7 of the Act of 1961 and the same plea was raised that they were number unauthorised occupants and on the basis of Jamabanbdi of 1971, they were recognised as tenants by the Gram panchayat. Prior to mutation in favour of the Trust, it companytinued as shamilat deh. In order to appreciate the companytroversy, it may be relevant to mention the facts of the Full Bench decision, which relate to the same Gram Panchayat of village Haripura. Gurdev Singh Patwari Halqe Haripura. Brief facts of this case are that an application was filed by the Gram Panchayat, Haripura through its Sarpanch under Sections 4 7 of the Punjab Public Premises Eviction and Rent Recovery Act, 1973 against the companytesting respondent for his ejectment from the land situated within the revenue estate of the village Haripura on the ground that the Gram Panchayat is the owner of the land in question and the companytesting respondent was cultivating the land unauthorisedly and the respondent has number vacated the land in question despite request and the respondent be ordered to pay Rs.2933.60 as rent for use and occupation of the land in dispute. In the year 1965 66 the companysolidation operation took place and the companytesting respondents claimed that they companytinued as tenants under the Gram Panchayat and that in Jamabandi for the year 1970 71 each of them was recorded as tenant on payment of fixed cash rent. There is only an entry in the revenue record as tenant from year to year basis and that does number characterise him as an authorised tenant of the land in dispute. It was submitted that though the land was mutated in the name of the Trust but the companytesting respondents claimed that they were the tenants of the trust. Section 2 g of the said Act of 1961 defined Shamilat Deh. In jamabandi it was recorded that the respondent was a tenant on payment of Rs.64/ per kila sal tamam i.e. It was mentioned therein that the General Committee would companysist of 8 members who are the owners of the shamilat land which has been transferred to the Trust and the land was mutated in the name of the Trust in the year 1954. By the same device those persons were inducted as tenants of the trust. It was also held that the appellants became the owner of the disputed land and the companytesting respondents were tenants. This shamilat law was substituted by new enactment known as Punjab Village Common Lands Regulation Act, 1961. However with regard to the damages for use and occupation of the land in question, the Collector found that the Gram Panchayat has failed to produce any record from which it companyld be inferred that the amount for the period in question is still due against the respondent. Aggrieved against this order the Gram Panchayat filed a writ petition before the High Court which came to be dismissed along with Writ Petition No.11059 of 1998. Therefore, on the basis of the entry made in the Jamabandi, learned Commissioner companycluded that the respondent cannot be held to be an unauthorised occupant of the land in question. This finding of fact was given on the basis of the jamabandi i.e. It was prayed that the respondent be ejected from the land in question. The Full Bench after going through the revenue records came to the companyclusion that each tenant was shown in company. Learned Commissioner after examining the matter set aside the order of the Collector and held that as per the Jamabandi , the respondent had been shown as Gair Marusi paying lagan Rs.64/ per killa per annum. Learned Commissioner on the basis of the jamabandi allowed the appeal filed by the respondent and set aside the order of the Collector and dismissed the application of the appellant. It was also pointed out that the respondent has number been able to bring any material to show that this land was leased out or granted or otherwise entered into possession of the land authorisedly. Therefore, the Commissioner reversed the decision of the Collector. We fail to understand the reasoning given by the Division Bench in distinguishing the Full Bench judgment. No.11059 of 1998 and C.W.P.No.11066 of 1998 both by this order. The Division Bench took the view that by virtue of Section 8 of the Punjab Security of Land Tenures Act, 1963, hereinafter to be referred to as the Act of 1963 tenancy does number companye to an end on change of ownership or even on the death of the land owner. The Division Bench disposed of C.W.P. revenue records. reported in 1989 Punjab Law Journal 221 was placed before the Division Bench. The matter was taken up in appeal before the Commissioner, Ferozepur Division. Badasukh, Panch and Nathu Ram, Sarpanch and respondent produced Ramesh Gupta, Ahlmed of companyrt of E.M., Abohar Sh. Learned companynsel for the appellant submitted that the view taken by the Division Bench is erroneous and Full Bench decision squarely companyers the present case on facts as well as law. The Full Bench judgment clearly companyered the facts of the present appeal. Krishan Murari Clerk and Sh. Under these circumstances the matter was brought up before the Full Bench of the High Court. The Collector , however, did number feel persuaded and passed an order of ejectment in all the five cases. Against this order dated 3.3.1983, an appeal was preferred by the respondent before the Commissioner. This appeal is directed against the order dated 21.7.1998 passed by learned Division Bench of the High Court of Punjab Haryana. Both these appeals involve companymon questions of law fact therefore, they are disposed of by this companymon order. For companyvenient disposal of these appeals, the facts given in C.A.No.433 of 2000 are taken into companysideration. Aggrieved against this order of the Division Bench present special leave petition was filed and leave was granted and it was registered as appeal. WITH CIVIL APPEAL NO.434 OF 2000 K.MATHUR,J. The respondent on being summoned appeared and was given an opportunity to file his reply. We have heard learned companynsel for the parties and perused the records. Therefore, this part of the relief was denied. for one year. i.e. Both the parties were directed to place evidence in support of their respective pleas. In company.

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2006_1152.txt

By this Act further amendments were made in Hyderabad Act XXI of 1950. This district was originally a part of the erstwhile State of Hyderabad and the provisions of the Hyderabad Act XXI of 1950 were applicable there. It repealed and reenacted the Hyderabad Act XXI of 1950 and declared that it shall be deemed to have companye into force on 10th day of June 1950 as reenacted. 1 struck down Hyderabad Act XXI of 1950 as amended by Act III of 1954 on the sole ground that it had number received the assent of the President as required by Art. As regards the decision of the Andhra Pradesh High Court supra by which the Hyderabad Act XXI of 1950 was struck down as number having received the assent of the President under Art. According to the judgment of the Andhra Pradesh High Court, Hyderabad Act XXI of 1950 had never been assented to by the President although it had received the assent of the Rajpramukh of the, erstwhile Hyderabad State. By means of Bombay Hyderabad Areas Adoption of Laws State Concurrent Subjects Order 1956, the State of Bombay adopted and modified Hyderabad Act XXI of 1950. was also sought to restrain the respondents from proceeding with the enquiry under S. 38 E of the Hyderabad Tenancy and Agricultural Lands Act Act XXI of 1950 as amended by the Hyderabad Tenancy and Agricultural Lands Amendment Act Act III of 1954 read with the relevant rules. A Notification was issued on May 21, 1957 by the Government of Bombay making a declaration under s. 38 E of Hyderabad Act XXI of 1950 in the district of Parbhani. In July 1959 the appellants filed a writ petition in the High Court of Bombay assailing the vires of the provisions of s. 38 E of Hyderabad Act XXI of 1950. The appellants are land owners in Pathri Taluka of Parbhani District. In February, 1961, the Maharashtra Act was enacted after the assent of the President had been obtained. III of 1954 which received the assent of the President on 31st January 1954 a number of amendments were made. The validity of the Hyderabad Tenancy and Agricultural Lands Re enactment, Validation and further amendment Act, 1961, hereinafter called the Maharashtra Act, was challenged. The Bombay Legislature passed Act XXXII of 1958 which was first published in the Bombay Government Gazette on April 10, 1958 after having received the assent of the President. By amending Act No. The Agricultural Lands ,Tribunal and the Special Tehsildar, Parbhani District as also the Secretary The Agricultural Lands Tribunal Pathri Taluka of the same District started an inquiry under rule 54 of the Hyderabad Transfer of Ownership Rules and published a provisional list of those who were declared to be land owners which included some of the tenants of the appellants. 1961 Andhra Pradesh 523. The district of Parbhani became a part of the erstwhile Bom bay State on the Enactment of the States Re Organisation Act, 1956. 226 of the Constitution in the Bombay High Court challenging the Maharashtra Act. 1 9 f and 3 1 of the Constitution had been companytravened and that the aforesaid Act had number been reserved for and had number received the assent of the President. v. Government of Andhra Pradesh Anr. In March 1961 during the pendency of the appeal the Andhra Pradesh High Court in Inamdars of Sulhanagar Ors. It also repealed the amending laws and reenacted them and declared that as re enacted they shall be deemed to have companye into force on the day specified against each of them in the table given therein. 31 3 the position taken up in the writ petition was that such assent had been given to it on April 3, 1958. and till then the said Act was number valid and operative. This is an appeal by special leave from a judg ment of the Bombay High Court dismissing a petition under Art. By that section the Government companyld declare by numberification that ownership of all lands held by protection tenants which they were entitled to purchase from their land holders under the provisions of Chapter IV were to stand transferred to such tenants. Thereupon the appeal pending in this Court was withdrawn by the appellants with liberty to challenge the companystitutionality of the Maharashtra Act. It made certain further amendments. 31 3 of the Constitution. In November, 1962 the appellants filed a petition under Art. The grounds of attack, inter alia, were that Arts. K. Seri and K. P. Gupta, for the appellants. 1882 of 1962. 226 of the Constitution which had been filed by the appellants. Appeal by special leave from the judgment and order dated March 25, 1964 of the Bombay High Court in Special Civil Application No. The validity of the numberification issued in May 1957 was also attacked. S. K. Sastri and R. H. Dhebar, for the respondents. 464 of 1966. In January 1961 this Court granted special leave to appeal against that judgment. this petition was dismissed by the High Court in March 1960. A.I.R. The Judgment of the Court was delivered by Grover, J. The appellants filed objections which were dismissed. CIVIL APPELLATE JURISDICTION Civil Appeal No.

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1969_531.txt

Siddiqi and Irfan Ahmed for the Petitioners. Admittedly grant of selection grade was companysidered on the criteria of merit to the members of Delhi Higher Judicial Service. He has approached this Court by means of this petition under Article 32 of the Constitution with a grievance that the High Court of Delhi has acted in an unreasonable manner in refusing to grant selection grade to him on more than one occasion. The petitioner was directly recruited to service as a Scheduled Castes candidate. 5858 of 1983. Having heard learned companynsel for the parties at a length and having perused the records and also the annual companyfidential reports awarded to the petitioner and other papers produced on behalf of the High Court, we find it difficult to hold that the High Court has acted unreasonably in refusing to grant selection grade to the petitioner. Under Article 32 of the Constitution of India L. Sanghi, M.T. The following order of the Court was delivered O R D E R The Petitioner is a member of Delhi Higher Judicial Service, at present working as Additional district Judge. Anil Dev Singh, C. Ramesh, K. Swami and Miss A. Subhashini for the Respondents. ORIGINAL JURISDICTION Writ Petition No.

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1988_159.txt

The Employees Insurance Court by a judgement dated 29.1.77 in E.I.C. 2593 2599 of 1980. 2599 of 1980. The stand of the appellant was that the companypany does number companye within the numberification dated 18.9.74 as the appellant was number a shop and was carrying on business of clearing and forwarding at the Cochin Port. A. Bobde, O.C. It was functioning as shipping, clearing and forwarding agents. Mathur, Ms. Meera and D.N. Mathur, Ms. Meera and D.N Mishra for the Respondent in C.A. Mishra for the Appellant in C.A. Objections were preferred on behalf of the Regional Director, Employees State Corporation that in view of the numberification dated 18.9.74 supplemented by the other numberifications dated 2.12.74 and 22.3.75, the appellants business would fall within the ambit of the said numberifications. The Government of Kerala issued those numberifications with a view to extend benefits to the employees working in other sections of organized labour such as shops and establishments. From the Judgements and Orders dated 23.5.79, 30.5.79, 25.6.79, 26.6.79 and 9.7.1979 of the Kerala High Court in F.A. Sampath for the Appellant in C.A. The appellant received a numberice dated 3.1.75 enclosing certain numberification whereby the Employees State Insurance Act hereinafter referred to as the Act was extended to certain classes of establishments specified in the Schedule wherein 20 or more persons are employees or were employed during that period. In reply to the said letter the appellant received a letter dated 9.12.75 stating that the Insurance Inspector who visited the appellant found 20 persons employed in the shop. Contending that the appellant does number render any service to customers at its office, it was merely carrying on clearing and forwarding business by processing the documents at Custom House, numberservice being rendered at the appellants office establishment, it was urged that it companyld number be called a shop within the dictionary meaning. An application was moved under Section 75 of the Act before the Employees, Insurance Court, Calicut to decide the dispute and to hold that the appellant was number a shop within the purview of the Act and, therefore, the Act itself was inapplicable. This was replied to by a letter dated 20.9.75 whereunder the details were furnished. Another letter dated 8.9.75 was received by the appellant calling it upon to furnish certain details. The appellant replied on 18.11.75 denying liability to pay any companytribution under the Act. 75 of 1977 was preferred to the High Court of Kerala. Thereafter a numberice dated 7.11.75 with which were enclosed certain printed forms, was received by the appellant. 69, 76, 80, 81, 83, 89 and 75 of 1977. In the result, the appellant was brought within the numberification. The appellant served the customers. 1/76 held that the appellant would be companyered with effect from six months after 21.12.74. The appellant is a companypany incorporated under the Companies Act. T.M. Against this order, M.F.A. Hence, the civil appeals, leave having been granted by an order dated 3.11.80. Nos. No. CIVIL APPELLATE JURISDICTION Civil Appeal Nos.

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1992_667.txt

The order passed by the Chief Judicial Magistrate in A.U.P. No.572 of 2011 dated 18.04.2011 was challenged by the petitioners before the High Court, without any success, against this special leave petition has been preferred. since the petitioners were number charge sheeted by the police after companyducting the investigation. P.C.

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they were entitled to the grant of these import licences, and that the existing instructions on the basis of which their applications were rejected, companyld number override that Import Policy. petitioner firm and some others in respect of the companymission of offences under s.5 of the Imports Control Act, 1947 read with clause 5 of the Imports Control Order, 1948. The petitioner made four applications on November 5,1969, March 23,1970, November 5, 1970 and November 6,1970, for the grant of licences to import stainless steel sheets and electrolytic companyper wire bars, for the period April March 1970 and April March 1971. The petitioner firm is dealing in the manufacture of automobile parts, wires and cables. At the time of the receipt of the first application dated November 5, 1969, Respondent 3 Deputy Chief Controller of Imports and Exports, Hyderabad received some companyplaints that the petitioner firm was mis utilizing the imported material. 3 then informed the petitioner firm by his companymunication dated November 7, 1972, that its applications bad been rejected. 3526 3529 of 1971 in the High Court of Madras praying for the issue of writ of Mandamus directing the respondents to issue the import licences applied for. The petitioners challenge the aforesaid orders of November 7, 1972 passed by the 3rd Respondent, on the ground that in view of the Import Policy companytained in the Red Book for the relevant period,. Since the respondents did number dispose of the applications, the petitioner firm filed four writ petitions Nos. Thereafter, on October 22, 1972, the petitioner caused a numberice by registered post to be served on the respondents. On September 20,1970, the petitioner moved the High Court for proceeding against the authorities for companytempt of its order. .In these four writ petitions under Article 32 of the Constitution, the parties and the basic questions for determination are the same. In the numbermal companyrse, such applications should have been disposed of within three weeks of the dates on which they were received. S. Chitale, and K. Rai Choudhury, for the appellant. ORIGINAL JURISDICTION Writ Petitions Nos, 122 to 125 of 1973. N. Prasad and S. P. Nayar, for the respondents. The applications were however number disposed of for another five months. 32 of the Constitution of India. After a preliminary investigation made by the C.B.I., a First Information Report was registered on December 12, 1969 with the police against the. Before the High Court, numbercounter affidavit was filed by the Respondents. They will therefore be disposed of by a companymon judgment. The Judgment of the Court was delivered by SARKARIA, J. Respondent No. Under Art.

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1974_125.txt

Giani Ram son of Jwala instituted Suit No. The effect of the declaratory decree was that the alienations companyld number enure beyond the life time of Jwala. 75 of 1920 filed by Giani Ram it was declared that the alienations by Jwala were number binding after his life time, and the property will revert to his estate. In an action filed by the three sons of Jwala, his daughters and widow against the legal representatives of Shadi for a decree for possession of the lands alienated by Jwala the Senior Subordinate Judge, Hissar decreed the suit for a half share in property claimed by the plaintiffs. The learned Judge was of the view that only the sons of Jwala companyld claim the benefit of the decree in Suit No. 75 of 1920 in the Court of the Senior Subordinate Judge, Hissar, for a declaration that the sale of ancestral lands of Jwala in favour of Shadi was null and void and was ineffective against, his reversionary rights. 75 of 1920 and since their share in the estate of Jwala was in the aggregate only a half, the remaining half having devolved upon the widow and the two daughters, a decree for a half share in the lands alienated companyld issue against the alienees. Under the customary law in force in the Punjab a declaratory decree obtained by the reversionary heir in an action to set aside the alienation of ancestral property enured in favour of all persons who ultimately took the estate on the death of the alienor for the object of a declaratory suit filed by a reversionary heir impeaching an alienation of ancestral estate was to remove a companymon apprehended injury, in the interest of the reversioners. It is true that under the customary law the wife arid the daughters of a holder of ancestral property companyld number sue to obtain a declaration that the alienation of ancestral property will number bind the reversioners after the death of the alienor. Under the Hindu Succession Act, 1956 which came into force on June 17, 1956, the estate of Jwala devolved upon his widow, his sons and his daughters in equal shares. By the decree passed in suit No. 75 of 1920 his sons had after that Act numbersubsisting reversionary interest in the property, must stand rejected. The Punjab Custom Power to Contest Act 1 of 1920 was enacted to restrict the rights exercisable by members of the family to companytest alienations made by a holder of ancestral property. Jwala died on October 16, 1959, leaving his surviving three sons Giani Ram, Manphool and Chandgi, his wife Rajni, and two daughters Phulwati and Chhanno. A preliminary objection raised by companynsel for the respondents that the suit in its entirety should have been dismissed, because by the enactment of the Hindu Succession Act Jwala was to be deemed a full owner and numberwithstanding the decree passed in Suit No. The decree did number make the alienation a nullity it removed the obstacle to the right of the reversioner entitled to succeed when the succession opened. The suit was decreed by the Senior Subordinate Judge, Hissar. By virtue of Section 6 of the Act numberperson is entitled to companytest an alienation of ancestral immovable property unless he is descended in the male line from the great great grand father of the alie nor. In 1916 Jawala, a Hindu Jat, governed by the customary law of the Punjab sold to one Shadi, without legal necessity, a fourth share in 891 bighas 3 biswas, which was ancestral in his hands. Against that decree a second appeal was preferred by the heirs of Shadi, The High Court of Punjab set aside the decree passed by the District Court and restored the decree of the Trial Court. In appeal by the plaintiffs to the District Court, Hissar, the decree was modified. The learned District Judge decreed the claim in its entirety, but only in favour of the three sons. With special leave the appellants have appealed to this Court.

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1969_367.txt

62 of 1989. This appeal is directed against the judgment and order, dated 10.12.2004, passed by the High Court of Judicature of Bombay in Criminal Appeal No.456 of 1992, whereby the High Court has companyfirmed the companyviction and sentence passed by the learned Sessions Judge, Wardha, vide judgment and order dated 17.11.1992, in Sessions Trial No.

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2012_561.txt

Medicine examination. letters of Dr. C.J.K. student in General Medicine only on 26.7.1984 and when Dr. Prasad was number his guide. General Medicine . The first is that Dr. S. Prasad had written to the University that appellant had undergone numbertraining under him. It was Dr. C.N. Prasad was appointed as the appellants Supervisor on 17th December, 1988. Prasad was number appointed as appellants Supervisor as per the suggestion of the Dean of the Faculty of Medicine since respondent No. Sinha, the Principal of RMC and Dean, Faculty of Medicines of the Ranchi University to the Registrar of the Ranchi University on 4th July, 1989 speaks volumes on the attitude adopted by Dr. S.S. Prasad towards the appellant. 7 to the petition who had recommended Dr. R. Prasad was number the Dean of the Faculty of Medicine at the time of the recommendation. Sin ha was both the Principal and the Dean of the Faculty of Medicine of the University from a date much prior to 17th December, 1988. But more than that, the letter written by Dr. P.V.P. In his place Dr. P.R. However, till the new Supervisor was appointed on 17th December, 1988, he companytinued to be registered with Dr. S.S. Prasad and there is numberdispute that under the new Supervisor, viz., Dr. R. Prasad he companypleted his training from 17th December, 1988 to 4th August, 1989. General Medicine examination of the University on 6th February, 1986 and by the 3rd August, 1989 when he was due to appear for the examination he had companypleted 3 years training under the two Supervisors. Dr. Prasad had written another letter to the University on 16th May, 1988 regarding the appellant and in that letter he had written that the appellant had been prevented from doing research work companynected with his thesis. and filed an application for his registration as a student in D. The University forwarded the application to the then Principal of Rajendra Medical College cum Dean, Faculty of Medicine, Dr. C.J.K. The Principal then proceeds to write that when he asked Dr. Prasad in writing vide his letter dated 21st June, 1989 to give him the letter of the Principal or the Dean or the University which had authorised him to prevent the appellant from doing his research work, Dr. Prasad failed to produce any letter. Yet the appellant had proceeded to write a thesis and when it became unbearable, he requested for the change of his Supervisor on 4th February, 1988 pursuant to which the new Supervisor, Dr. R. Prasad was appointed on 17th December, 1988. 755 of 1988 praying for appropriate direction to the University to permit him to submit his thesis in M.D. Singh and Dr. S. Sinha. Thus according to the Principal it became very clear that Dr. Prasad had written the letter dated 16.5.1988 directly to the University to harm the appellants career. In order to companye to the said companyclusion, the High Court relied on the fact that although the petitioner was registered with Dr. S.S. Prasad as a trainee on 6th February, 1986, he had number undergone training with him and it was only from 4th February 1988 onwards that he had undergone the training with another Supervisor, viz., Dr. R. Prasad. In this petition, the University supported the appellant by asserting that the, appellant was appointed against a teaching post in the Department of Medicine. Prasad was number a valid training The record shows that admittedly the appellant was registered as a trainee under the former Supervisor, Dr. S. Prasad on 6th February, 1986 and he companytinued to be the trainee under him till 4th February, 1988 on which date he was changed as a Supervisor at the request of the appellant. The letter makes a companyplaint that Dr. S.S. Prasad by bypassing the office of the Principal, RMC had addressed directly to the Registrar of the University two letters on 4th May and 3 1st May, 1989. The Principal then states that he examined the original letter meaning thereby the letter dated 4th May, 1989 and the companynected matter and found that Dr. S.S. Prasad had been telling lie to the University and trying to mislead and that is why he had sent the letter directly to the University. The appellant, thereafter companytinued to be the trainee under Dr. R. Prasad from 19th December, 1988 to 3rd August, 1989. In support of its finding that the appellant had number companypleted 2 years training with Dr. S.s. Prasad, the former Supervisor, the High Court has relied upon two facts. The University companytested his claim that he was a teacher and took the stand that since he was number a teacher, he was number eligible for training in M.D. The Principal then proceeds to write to University that he would like to bring to the attention of the University that Dr.Prasad had signed the thesis and certificate of another doctor, viz., Dr. Ashok Kumar Singh on 16.10.1984 when that doctor was registered as an M.D. For this purpose, the University relied upon the. The then Head of the Department of Medicine, Dr. S. Sinha also wrote to Dr. J.K. Singh that the appellant though attached to the Department of Medicine, was a Bio chemist attached to the Renal Unit and dealt entirely with the subject of Biochemistry. Hence, according to the High Court even the training of the appellant under Dr. P.R. The second circumstance relied upon is that the second Supervisor, viz., Dr. P.R. It is asserted from the Bar on behalf of the appellant that Dr. P.V.P. There is further numberdispute that the appellant submitted his thesis prior to the examination. as he had number submitted his thesis and had also failed to produce a certificate of having undergone satisfactory training. The High Court has again number decided the point whether the appellant was appointed against a teaching post in the Department of Medicine. Sahai who named the guide for the said Dr. Ashok Kumar Singh. The first ground was that he was number a teacher and the second ground was that he had number undergone the necessary training for 2 years and had also number done housemanship in General Medicine for one year. For the purposes of the disposal of the writ petition, the High Court presumed that the appellant was teacher in the Department of Medicine in the Rajendra Medical College. The appellant claimed that he was teacher in the Department of Biochemistry in the Rajendra Medical College R.M.C. General Medicine Examination as a teacher candidates The High Court by the impugned order has taken the view that he was number, on the around that he had number companypleted 3 years training period including one year of the house job, prior to qualifying himself for appearing for the examination. Thus the petitioner was registered for M.D. Hence, on the date he made the application for appearing in the examination, he had number companypleted the required 3 years training period. The High Court also held that the acceptance of the thesis was a pre requisite for appearing at the examination. The period of training thus, shall be 3 years after full registration including one year of the housejob. The Court dismissed the said petition on 23rd May, 1988 without deciding the issue as to whether the appellant held a teaching post but recorded a finding that the appellant was number entitled for admission to the examination in M.D. The companytroversy in the present case is whether the appellant was qualified to appear for the M.D. He objected to his registration on the ground that the appellant was number posted in any of the teaching posts in medical companylege. Medical Students Association had challenged the permission given to the appellant to appear for the said examination on two rounds. The requirement of the relevant regulation is that the candidate must have done one years housemanship prior to the admission to the Post graduate degree in the same subject in which he wants to appear for the examination or at least six months housemanship in the same Department and the remaining six months in the allied Department. This letter is Annexure 11 to the rejoinder of the appellant. However, thereafter the present petition was filed by the respondent Association when the appellant was granted permission to appear for the said examination being satisfied that the post which he was holding was a teaching post as pointed out by the State Government. 1465 of 1989 R . B. Upadhyay for the Appellant. Uday Sinha, S.K. For number deciding the point, the High Court has given an additional reason, viz., that many persons who were in fact appointed as teachers would be prejudicially affected since they would become junior to the appellant and they were number before the Court. Singh. The appellant filed a writ petition being C.W.J.C. The respondents, P.G. From the Judgment and Order dated 5.4.1990 of the Patna High Court in C.W.J.C. 2909 of 1993. Verma and Ranjit Kumar for the Respondents. No. The following Order of the Court was delivered Special leave granted. CIVIL APPELLATE JURISDICTION Civil Appeal No.

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The appellants Sushil Ansal and Gopal Ansal in Criminal Appeal No. Appellants Sushil Ansal A 1 , Gopal Ansal A 2 and H.S. Gera A 10 and recorded findings and companyclusions that may be summarized as under That Uphaar Cinema was owned by a companypany that was closely held by Sushil Ansal A 1 and Gopal Ansal A 2 and other members of their family and that several violations regarding the installation of a transformer and the seating arrangement in the balcony, structural deviations in the building were companymitted while Sushil Ansal A 1 and Gopal Ansal A 2 were either Directors or the Managing Directors of the said companypany. The investigating agencies then looked into the fire safety deviations in the Uphaar Cinema building to determine whether the same had companytributed to the fire and hindered the escape of those seated in the cinema auditorium and balcony from the poisonous carbon monoxide that had polluted the atmosphere inside the companyplex. 600 602/2010 ASSOCIATION OF VICTIMS OF UPHAAR TRAGEDY .Appellant Versus SUSHIL ANSAL ANR. The fact that the original licence granted to Uphaar Cinema was granted in favour of M s Green Park Theatres Associated P Ltd. in short, GPT through Sushil Ansal A 1 as the Managing Director at that time, as also the fact that Sushil Ansal A 1 companytinued to be representative licensee for the cinema was also relied upon by the Trial Court in support of its companyclusion that Sushil Ansal A 1 exercised companytrol and management over Uphaar Cinema at the relevant point of time. It was alleged that Sushil Ansal A 1 and Gopal Ansal A 2 , the owners of the cinema hall, had knowledge of these deviations from fire safety numberms despite which they had companytinued exhibiting films, thereby endangering the lives of all those who patronized the theatre. Governor of Delhi, Uphaar Cinema permitted addition of 100 more seats to its existing capacity. Reliance was also placed by the Trial Court upon the inspection proformas of the Delhi Fire Service for the years 1995 1997 to show that Sushil Ansal A 1 companytinued to be shown as licensee of Uphaar Cinema. The act of the gatekeeper in fleeing from the cinema hall without unbolting the door of balcony was also found to be a direct cause of the death of persons inside the balcony. Forty three of the said additional seats were meant to be provided in the balcony by using the vertical gangways to the right of the middle entry exit of the cinema in the right wing of the balcony. In paras 7.10 and 7.12 of its judgment the High Court rejected the submission made on behalf of Sushil Ansal A 1 and Gopal Ansal A 2 that they were companyrced in providing space for the DVB transformer. Inside the auditorium and balcony there was companyplete pandemonium. PW110/AA7 to the DCP L for installation of 15 additional seats in the balcony. The prosecution alleged that numberpublic announcement regarding the fire was made to those inside the auditorium or the balcony, number were any fire alarms set off, numbermatter the management and the employees of the Uphaar Cinema were aware of the fact that a fire had broken out. Governor whereunder the relaxation in the number of seats provided to Uphaar Cinema under the 1976 Notification was withdrawn. A Panchnama depicting floor wise deviations in the Uphaar Cinema building and an Inspection cum Scrutiny report marked as Ex. That the owners of Uphaar Cinema who carried out the structural deviations, the officers of the MCD who granted No Objection certificates for running the cinema hall for the years 1995 96 and 1996 97 respectively despite the structural deviations existing in the cinema building and the managers of Uphaar Cinema who turned a blind eye to the said deviations and the threat to public safety caused by them, were the direct cause of death of 59 persons and 100 injured in the cinema hall. The Trial Court found that application dated 2nd February, 1973 made to the erstwhile DESU for grant of electricity companynection for Uphaar Cinema was signed by Sushil Ansal A 1 . xiv It is writ large that the failure of the owners and management of Uphaar Cinema to adhere to provisions relating to fire safety caused the death injury of those who had gone to view the film in the cinema. The remaining 57 seats were meant for addition in the main auditorium of the cinema hall. 605 616/2010 STATE THROUGH CBI Appellant Versus SUSHIL ANSAL ORS. Similarly, letter dated 29th July, 1980 addressed to DCP L for the installation of fifteen additional seats in the balcony was found to have been written by Gopal Ansal A 2 as Director, GPT. xv The factors which companystituted the direct and proximate cause of death of 59 persons and injury of 100 persons in Uphaar cinema were the installation of the DVB transformer in violation of law, faulty repair of the DVB transformer, presence of companybustible material in the cinema building, parking of cars near the transformer room, alterations in the balcony obstructing egress, structural deviations resulting in closure of escape routes in the building at the time of the incident, bolting of the exit doors from outside and the absence of fire fighting measures and two trained firemen, during the exhibition of the film in the cinema building. The investigating agencies also looked into the chain of events that led to the second fire at around 5.00 p.m. and the entry of smoke into the cinema auditorium and the balcony. Cheques issued by Gopal Ansal A 2 subsequent to the said authorisation in favour of the Chief Engineer Water and in favour of the Music Shop from the accounts of GPT which later was rechristened as Ansal Theaters Clubotels P Ltd. were also relied upon by the Trial Court in support of its companyclusion that Gopal Ansal A 2 , like his brother Sushil Ansal A 1 , even after resigning from the Directorship of the companypany, companytinued to exercise companytrol over the affairs of the cinema companyplex. In the result Criminal Appeals No.597 of 2010 and 598 of 2010 filed by Sushil Ansal A 1 and Gopal Ansal A 2 respectively are hereby dismissed upholding the companyviction and sentences awarded to them. That, apart from structural deviations referred to above, the seating arrangement within the balcony area of the cinema was itself in breach of the mandatory requirements of the DCR, 1953 and DCR, 1981. The result was that the trial companymenced against the Ansal brothers on the basis of the charges framed by the Trial Court. Malhotra A 4 , since deceased, who was the Deputy General Manager of Uphaar Cinema at the relevant point of time, regarding the fire. iv As previously held, the alterations made to the balcony by the owners of Uphaar Cinema in companytravention of legal provisions became a hindrance to egress into the open air for patrons in the balcony, as a result of which the said patrons companyld number save themselves in time. The result was that all the cars parked in the parking area on the ground floor of the cinema hall were ablaze. An affidavit dated 21st March, 1975 and letter dated 2nd April, 1979 filed in companynection with renewal of the cinema license were also relied upon by the Trial Court to show that Sushil Ansal A 1 was number only the licensee of Uphaar Cinema, but also that he had held himself out in that capacity before the companycerned authorities. PW103/XX according to which Gopal Ansal A 2 was authorised to sign all documents, drawings and other companynected papers regarding the submission of revised plans, applications for electricity companynections companycerning Uphaar Cinema, etc. The Trial Court also relied upon the fact that the car parking companytract was granted by Gopal Ansal A 2 as Director of GPT in April, 1988. This was companypletely burnt in the fire. Based on the said evidence the Trial Court enumerated the following structural deviations in the Uphaar Cinema building Basement A 12 X 20 room was companystructed adjoining the staircase. The Trial Court held that the balcony seating plans showed that the authorities responsible for the enforcement of the Rules as well as their subordinates who were to carry out inspections were in companynivance with the proprietors of the cinema, Sushil and Gopal Ansal A 1 and A 2 who acted in companynivance with each other with a view to making an unlawful gain at the companyt of the public. Since some of the offences with which the accused persons were charged were triable by the Court of Sessions, the case was companymitted for trial to Additional Sessions Judge, New Delhi, who framed specific charges against Sushil Ansal A 1 , Gopal Ansal A 2 and the rest of the accused. Smoke started billowing in the numberthern and southward directions in the parking lot of the cinema companyplex. Those in the balcony found that they companyld number escape since all the doors were locked. PW98/X4 in which Gopal Ansal A 2 , described as MD of the companypany, is said to have desired that number even a nail be put in the cinema premises without his prior permission. The Trial Court numbered that although Sushil Ansal A 1 had resigned from the Directorship of the companypany on 17th October, 1988, he had companytinued to be the licensee of the cinema as is evident from an affidavit dated 3rd March, 1992 Ex. Sushil Ansal A 1 and Gopal Ansal A 2 , who happen to be brothers, were charged with offences punishable under Sections 304A read with Section 36 and Sections 337 and 338 read with Section 36 IPC for their negligent acts of omission and companymission of allowing installation of the DVB transformer, various structural and fire safety deviations in the building in violation of various Rules and number facilitating the escape of patrons which caused the death of 59 persons and simple and grievous injuries to 100 others in the fire incident mentioned above. Sharma PW 49 Chief Fire Officer, testified to the presence of smoke in the stairwell and the balcony and stated that he companyld number open the balcony door until he received help of two other officers. Reliance was also placed by the Trial Court upon letter dated 19th June, 1974 written on behalf of GPT by Sushil Ansal A 1 whereby the Entertainment Officer was requested to permit the owner to lease out the top floor of Uphaar Cinema for office use and the ground floor for companymercial establishments. The numberthern bound smoke encountered a gate which was adjacent to a staircase leading to the cinema auditorium on the first floor. The people in the balcony are said to have rushed towards the exits in pitch darkness as there were neither emergency lights number any cinema staff to help or guide them. Dandonas report, the DCP L , Amod Kanth allowed the installation of the 15 additional seats in the balcony on 4th October, 1980. The investigating officers also examined the cause of malfunctioning of the DVB transformer and obtained a report Ex. Gopal Ansal A 2 , therefore, submitted a revised plan for the proposed additional seats vide letter dated 5th September, 1980 Ex. PW91/B dated 26th June, 1995 for a sum of rupees fifty lakhs drawn by Sushil Ansal A 1 from the accounts of GPT. The Trial Court in support of that companyclusion relied primarily upon the following pieces of evidence The sanctioned plan for the ground stilt floor of the Uphaar Cinema building as also the report of R.N. In the said affidavit the Trial Court observed that Sushil Ansal A 1 clearly mentioned that he companytinued to be the occupier of the licensed premises and the owner of the Cinematograph. More importantly, the prosecution case is that the addition of a private 8 seater box had companypletely closed off the exit on the right side of the balcony, while the addition of a total of 52 extra seats over the years had companypletely blocked the gangway on the right side of the balcony. PW29/DR passed by Mr. Amod Kanth, DCP L . In his letter dated 29th July, 1980, Gopal Ansal A 2 , Director of GPT wrote a letter Ex. Transformer oil gushed out of the opening on to the floor, while companytinued short circuiting of the cable with the radiator fin in the absence of a protection relay system caused sparking, which in turn resulted in the oil from the transformer catching fire. The Court found that there was numberhing on record to show that the Ansal brothers A 1 and A 2 or the Managers of the cinema for that matter had impressed upon the companytractor appointed by them the legal and safety requirements of maintaining a safe distance between vehicles and the transformer room when they entered into a parking companytract in the year 1988. PW110/AA20 , addressed by Gopal Ansal A 2 as Director, GPT seeking permission to install an eight seater box and reply dated 6th December, 1979 to the show cause numberice for removal of one hundred extra seats after withdrawal of the 1979 resolution which was signed by Gopal Ansal A 2 as Director of GPT were also relied upon by the Trial Court. The Trial Court found that the addition of seats as also closure of the right side exit because of installation of the family box in that area, in the process blocking one vertical gangway, narrowing of another and partial blocking of the third new exit on the left side of the balcony were all in violation of the statutory provisions and severely companypromised the safety of the patrons visiting the cinema. iii Though four exits were statutorily required in the balcony, only three were provided. In the year 1974, however, Sushil Ansal A 1 made a request for installation of 14 seats in what was originally sanctioned by the MCD to be an Inspection Room, pursuant whereto the Inspection Room was companyverted into a 14 seater box with the permission of the licensing authority. So also letter dated 2nd February, 1973 by which the companypany had agreed to give DESU two rooms for their transformer and HT and LT panels at a numberinal rent of Rs.11/ per year was signed by Sushil Ansal A 1 . Governor appears to have withdrawn the relaxation in the number of additional seats allowed to the cinema owners under the 1976 Notification. Even after the alleged resignation of the Ansal brothers in the year 1988 they companytinued to be in companytrol of the management of the cinema and the running of its day to day affairs, including exercising companytrol over the Managers and other staff employed. Bedi, Architect, to deal, discuss, explain and make companyrections in the building plan as well as to companylect the sanction plan on his behalf as also reply to show cause numberice dated 11th May, 1981 issued by the Deputy Commissioner of Police Licensing in short, DCP L which too was sent by Sushil Ansal A 1 as licensee for GPT were relied upon by the Trial Court to buttress its companyclusion that Sushil Ansal A 1 was the person exercising companytrol over the affairs of the cinema and its Managing Director. ii The patrons seated in the balcony were unable to save themselves in time since there were numberproper means of escape. Evidence regarding the ownership, management and administration of the companypany which owned Uphaar Cinema, M s Green Park Theaters Associated P Ltd. was also adduced. The Trial Court also held that because of the alterations in the seating plan on account of the addition of seats and blocking of the right side exit, rapid dispersal of the patrons in the event of an emergency was seriously jeopardized, which amounted to gross negligence on the part of the owners and management of Uphaar Cinema, as well as those who were responsible for sanctioning the changes. Minutes of the meeting of the Board of Directors held on 24th December, 1994 were also numbericed by the Trial Court to show that although Sushil Ansal A 1 resigned from the Directorship of the companypany in 1988 he had companytinued to be involved in the affairs of the cinema, numbermatter in the capacity of a Special Invitee. Relying upon the above evidence, the Trial Court arrived at the following companyclusions Since the patrons were trapped inside the balcony which was engulfed by the smoke, those who succumbed died due to inhalation of smoke. Due to chimney effect, the smoke gushed into the stairwell and eventually entered the cinema auditorium through a door and through the air companyditioning ducts. PW95/B1 was in companyformity with the DCR, 1953 and provided a total of three exits, one each on the two sides of the balcony and the third in the middle. The Trial Court found that apart from petrol and diesel cars, CNG gas cylinders and upholstery companyprising companybustible material emitted smoke when burnt companytaining carbon monoxide, carbon dioxide and other hydrocarbons which resulted in suffocation of those inside the balcony of the cinema. The Trial Court held that the management of the cinema had disregarded the requirements of law and the sanctioned plan, thereby putting the lives of the patrons at risk. Dandona, Executive Engineer, MCD A 12 and the Chief Fire Officer and Executive Engineer, all of whom had submitted a joint report Ex. The power to fix admission rates to the cinema having thus been taken away, the Lt. On the basis of the expert opinion, the Court companycluded that the cause of death of the persons sitting in the balcony was due to inhalation of smoke. PW17/DA, dated 10th April, 1973, the Trial Court held that the number of seats originally sanctioned for the balcony was limited to 250 seats two hundred and fifty seats . The report obtained from Professor L. Kothari of IIT, New Delhi, on 2nd July, 1997 analysed and attributed the cause of fire to malfunctioning of the DVB transformer. xiii The managers being directly responsible for the daily functioning of the cinema failed in their duty to ensure the safety of the patrons seated inside. They grossly neglected their duties to take measures to prevent fires and follow fire safety regulations, which caused the death of patrons trapped inside. As regards the unfolding of events in the balcony after the smoke began to spread inside, the Trial Court relied upon the depositions of patrons seated in the balcony, PWs 1, 3, 7, 8, 11 12 who were fortunate to survive the ordeal, but all of whom had lost in the tragedy some of their relatives who accompanied them to the movie. This addition of an exit on the left side of the balcony did number satisfy the stipulation under Para 10 4 of the First Schedule of DCR, 1953. Mezzanine Floor Balcony A refreshment companynter companyering 21 X 9 was found between the doors of the toilet and the staircase. Dandona A 12 stated that the additional 15 seats would be in companyformity with DCR, 1953, but raised a companycern that the installation of the 15 additional seats would bring the total number of seats in the balcony to 302 while the total number of exits would remain 3 in number. Similarly, the investigating agencies companylected a fire report marked Ex. The Trial Court further found that DCP L , Amod Kanth, S.N. The fire tenders took nearly forty five minutes to one hour to extinguish the fire and to rescue the persons trapped in the balcony by opening the bolted doors and taking those who had companylapsed and those injured to the hospitals. The AVUT during the companyrse of the trial made another attempt to have the charge under Section 304 IPC framed against the Ansal brothers by moving an application before the Trial Court to that effect. The Trial Court found that in order to companypensate for the blocking and narrowing of the gangways in the right wing, the seating plan provided for a 44 inch wide vertical gangway along the middle of the right wing of the balcony. Neelam Krishnamoorthy PW 4 happens to be the unfortunate mother of two who were seated in the rightmost two seats in the front row of the balcony. ii Behind the HT, LT and transformer rooms, the outer wall was built up from a height of 3 to the height of the first floor. PW 49/E from the Delhi Fire Service regarding the rescue operations companyducted by the fire service personnel on the date of the occurrence. The ground floor of the building companyprised a parking lot besides three separate rooms on the western side, one of which was used for placing a 500 KVA electric transformer that supplied electric energy to the cinema theatre while the other was used for housing a 1000 KVA transformer that was installed and maintained by the Delhi Vidyut Board hereinafter referred to as DVB . That an eight seater family box was added in the year 1978 upon an application moved by Gopal Ansal A 2 , which had the effect of companypletely closing the right side exit, access to which already stood companypromised on account of the additional seats. A large number of 14 witnesses were examined to prove the structural deviations in the building upon an inspection companyducted after the fire incident. As per the First Schedule of the DCR, 1953, the number of exits should be 1 per 100 seats. Rescue operations attempted by the fire tenders from the Bhikaji Cama Place and Safdarjung Fire Stations were undertaken after the Delhi Fire Service received a companyplaint from K.L. Three exit doors were bolted. A fresh process of inspection of the Cinema was therefore started, pursuant to the direction of the High Court and the show cause numberice. The addition of 11 more seats to the row along the back of the balcony 1 on the right, 8 in the middle and 2 on the left side made up for the remainder of the 43 additional seats permitted under the Notification. As per the above seating plan the vertical gangway along the rightmost wall of the balcony was companypletely utilized and blocked because of the installation of the additional seats whereas the width of the gangway along the right side of the middle entry exit was reduced to 22.5 inches, the remainder of the space having been utilized for fixing 32 additional seats in that area. Dandona A 12 , Chief Fire Officer and Executive Engineer were equally responsible for number numbericing the closure of the right side exit. The allegations against them gross negligence, wanton carelessness and callous indifference in regard to the up keep and maintenance of the cinema. Ground Floor Stilt Floor A 20 X 9 Homeopathy Dispensary was companystructed above the ramp, behind the transformer room. Gera A 10 and Bir Singh A 11 were charged with companymission of offences punishable under Section 304 read with Section 36 IPC in that they had number used the required crimping machine while repairing the DVB transformer after the first fire incident on 13th June, 1997 knowing fully well that this companyld and did cause the transformer to catch fire once again and result in the death or bodily injury as was likely to cause death of persons in the building. PW 64/B and PW 64/D at the trial. Gera A 10 , Inspectors and Bir Singh A Senior Fitter, which dealt with the nature of repair that was companyducted on the DVB transformer after the first incident. The High Court companyprehensively dealt with the cause of fire and affirmed the findings recorded by the Trial Court that the fire had started from the DVB transformer on account of the improper repair carried out on the same without use of a crimping machine because of which the LT cable had got disconnected on the B phase and an opening was created on the radiator fin when the live cable fell upon it and caused a short circuit. Since the transformer did number have an oil soak pit as required under the regulations and the standard practice, the oil that spread out of the enclosure companytinued leaking and spreading the fire to the adjacent parking lot where cars were parked at a distance of numbermore than a metre from the door of the transformer. The earth cable was in a twisted companydition and The Buchholtz relay system was number fitted on the transformer. Gupta, Executive Engineer, MCD PW 2 in that regard. PW35/A which proved that the fire situation had been aggravated due to the presence of petrol and diesel in the fuel tanks of the vehicles parked in front of the transformer rooms. The result was that 15 additional seats were installed as per the seating plan marked Ex. In paras 7.94, 7.95 and 7.96 of its judgment the High Court affirmed the findings recorded by the Trial Court that the DVB transformer was in poor maintenance on the date of the incident on account of the following Protection relays which companyld have tripped off the DVB transformer were missing. After becoming aware of the fire in the building, the gatekeeper, Manmohan Uniyal A 8 fled the scene without unbolting the exit doors. iii Though externally unchanged, the partitions between the HT, LT and transformer rooms were shifted to alter the rooms internal sizes. Closer to the date of occurrence, the Board of Directors of the companypany had on 25th March, 1996 passed a resolution authorising Sushil Ansal A 1 to operate the bank accounts of the companypany upto any amount. The deposition of R.K. Sethi PW 56 , the parking companytractor, proved that cars were parked at a distance of numbermore than 3 4 feet from the transformer room. The result was that 37 additional seats were allowed out of 43 to stay in the balcony in terms of order dated 24th December, 1979 marked Ex. The depositions companyprising Kanwaljeet Kaur PW 1 , Karan Kumar PW 3 , Rishi Arora PW 7 , Amit PW 8 , Hans Raj PW 11 and Satpal Singh PW 12 gave graphic accounts of the situation that prevailed inside the cinema hall and the rescue operations after the Fire Brigade arrived to help them out. A further development and another dimension to the seating arrangement in the balcony came in the form of a Notification dated 27th July, 1979, from the Lt. This inspection was companyducted by Mr. Amod Kanth, DCP L , S.N. Dandona A 12 Executive Engineer, PWD and Surender Dutt A 16 Station Officer, Delhi Fire Service, all of whom died during the pendency of the trial, were held to have abated. All these obstructions, deviations, violations and deficiencies had, according to the prosecution, resulted in the victims getting trapped in the balcony for at least 10 15 minutes exposing them to lethal carbon monoxide, to which as many as 59 persons eventually succumbed. A Special Leave Petition filed against the order of dismissal of the writ petition by Sushil Ansal A 1 was dismissed as withdrawn by an order of this Court dated 12th April, 2002. However, when it companyes to determination and imposition of sentence on the appellants due to their gross criminal negligence, I find it difficult to be unmindful or ignore that this companyntry and more particularly the capital city of Delhi was shocked and shaken to the companye 16 years ago by the magnitude and disastrous incident which took place on 13.6.1997 in a cinema house number widely known as Uphaar Tragedy which had virtually turned the cinema house into a pitch dark gas chamber wherein the cinema viewers were initially trapped due to lack of sufficient space and light for exit from the cinema hall and finally 59 persons lost their lives due to asphyxiation in the catastrophe which is perhaps unparalleled in the history of the city of Delhi. in regard to other persons including Amod Kanth DCP L for allowing the cinema to function on temporary permits and for number demanding the detailed inspection reports before issuing such permits. The oral evidence adduced broadly companyprised depositions of witnesses whom providence helped to escape alive from the cinema companyplex on the fateful day. The prosecution alleges that repairs companyducted on the transformer in the earlier part of the day were unsatisfactory and resulted in loose companynections that caused sparking on the B Phase of the transformer where such repairs were carried out. The addition of these seats was approved on 30th September, 1976 as per the seating plan marked Ex. Gupta, Executive Engineer, MCD PW 2 , according to which the provision for parking of fifteen cars was made on the said floor. xi The potential transformer was found to be in the disconnected companydition of the OCB operation mechanism. On the companytrary, the doors to the middle entrance of the balcony were found to be bolted by the gatekeeper Manmohan Uniyal A 8 who had left his duty without handing over charge to his reliever. Singh, Executive Engineer Electrical , PWD PW 35 and the report marked Ex. Puri A 3 , Director of GPT and K.L. Panwar A 15 and Surender Dutt A 16 since deceased, were charged with offences punishable under Sections 304A, 337 and 338 IPC read with Section 36 IPC for causing the death of 59 persons and simple and grievous injuries to 100 others by their acts and omissions of negligently issuing No Objection Certificates to Uphaar Cinema without ensuring that the statutory requirements for fire safety and means of escape were adhered to. Local Inspection Note of the place of incident prepared by the Trial Court which supported the companyclusion that cars had been parked in close proximity to the transformer room and that the same were burnt in the incident. Similarly, in the Minutes of the MD Conferences dated 2nd April, 1997 and 1st May, 1997, Gopal Ansal A 2 , described as MD in Chair, issued instructions in this capacity regarding a large number of business decisions and day to day affairs of the companypany. Chopra A 6 , Ajit Choudhary A 7 , since deceased and Manmohan Uniyal A 8 , gatekeeper were also charged with companymission of offences punishable under Section 304 read with Section 36 of IPC since, despite being present at the time of the fire incident, they failed to inform, alert and facilitate the escape of the patrons from the balcony during the fire while knowing fully well that their act was likely to cause death or such bodily injuries as was likely to cause death. This resulted in the loosening of one of the cables of the transformer which eventually came off and started dangling loose along the radiator and burnt a hole in the radiator fin. The Trial Court found that the sanctioned plan marked Ex. That the cause of death of the 59 victims was asphyxia caused by prolonged inhalation of smoke companysisting of carbon monoxide and other toxic gases. PW 2/A indicating the structural deviations was also submitted by the MCD to the CBI on 11th August, 1997. In his reply dated 3rd September, 1980, Executive Engineer, N. Dandona A 12 stated that the proposed installation of seats was number in accordance with the scheme of the DCR, 1953. The transformer was recharged for resumption of electric supply by 11.30 a.m. on 13th June, 1997. Reply to the show cause numberice dated 28th May, 1982 was similarly found to have been given by Gopal Ansal A 2 as Director of GPT in which he tried to explain the reasons for the bolting of doors from the inside during exhibition of a film and gave assurance that the utmost precaution would be taken by the management in future. Through this hole the transformer oil started leaking out which, on account of the heat generated by the loose cable touching against the radiator, ignited the oil at about 4.55 p.m. on 13th June, 1997. The plan also earmarked a 16 feet wide passage to be maintained alongside the transformer rooms for the easy maneuvering of vehicles. The Trial Court, however, disposed of that application stating that if it found sufficient evidence against the Ansal brothers justifying a charge under Section 304 IPC or any other person for that matter, it would take action suo moto for framing such a charge. Reports from Executive Engineers, MCD were also obtained in this regard. of the overall area of the floor space in the auditorium. The LT side cables from the bus bar did number have clamping system or support to the cables. That the parking of extra cars and the parking of cars close to the transformer in what was meant to be a 16 ft. wide passage for free movement of the vehicles aggravated the situation and companytributed to the incident. On the companytrary, Sushil Ansal appears to have filed a special leave petition in this Court challenging the dismissal of the revision petition by the High Court which was subsequently dismissed as withdrawn by this Court by order dated 12th April, 2002. The LT cable got disconnected from the cables on the B phase and made a hole in the radiator fin when the live companyductor of the disconnected cable fell upon it. Investigation and Charges Investigation into the fire incident and the resultant causalities started pursuant to FIR No.432/97 registered at Police Station, Hauz Khas on the basis of a written companyplaint filed by one Sudhir Kumar, Security Guard, employed by the management of the cinema companyplex. Thus the short circuit resulting in the fire companyld have been avoided had the cables been properly repaired. iv Criminal Appeal No.605 616 of 2010 filed by CBI and Criminal Appeal No.600 602 of 2010 filed by the Association of Victims of Uphaar Tragedy are dismissed. PW2/A which happened to be the inspection cum scrutiny report dated 2nd August, 1997 submitted by the MCD Engineers depicting floor wise deviations and deposition of R.N. This, according to the Court, was gross negligence that companytributed to the death of a large number of patrons and injuries to many more. A second refreshment companynter was companystructed near the rear exit gate, 109 away from the auditorium exit gate. Because of smoke and carbon monoxide released by the burning oil and other companybustible material, the people in the auditorium started suffocating. They were also charged under Section 14 of the Cinematograph Act, 1952 for companytravention of the provisions of the Delhi Cinematograph Rules, 1953 hereinafter referred to as DCR, 1953 and Delhi Cinematograph Rules, 1981 hereinafter referred to DCR, 1981 . These witnesses narrated the events inside the cinema hall and the companyfusion that prevailed after people started suffocating because of smoke entering from in front of the screen and through the AC ducts before the hall was eventually plunged into darkness, leaving the people inside trapped without any emergency lights or help companying from any quarter. Some of the onlookers and others who helped in the rescue operations were also examined by the prosecution apart from the officers of the Delhi Fire Service. The deposition of the companyplainant Security Guard, Sudhir Kumar PW63 who first numbericed the fire and helped in rescue operations was also relied upon. These reports were marked Exs. Its battery and charger were also found to be defective and heavily damaged in the fire. The Court also numbericed that the first seating plan Ex. The High Court summed up the cause of the fire in paras 7.124 and 7.125 of its judgment. The said 6 seats were, therefore, required to be removed and the original number of vertical gangways restored. Similarly, the appellants in Criminal Appeal No.599 of 2010 and Criminal Appeal No.617 to 627 of 2010 and Criminal Appeal No.604 of 2010 preferred by the Divisional Fire Officer H.S. Absence of proper care on the part of the management in ensuring that only the permissible number of vehicles were parked in the parking area and that a 16 ft. wide passage remained free from any obstruction were held by the Trial Court to be acts of gross negligence on the part of the management, endangering the lives of the patrons visiting the cinema and companytributing to the magnitude of the hazardous gases that eventually led to the death of a large number of innocent victims. PW29/DS to the Executive Engineer, requesting him to verify whether the proposed installation of 15 seats would be companypliant with the relevant provisions of the DCR, 1953 and to submit a detailed report regarding the same. Bhinder, one of the unfortunate victims, revealed that the cause of death was asphyxiation. vi Since the doors had been bolted, one of the doors had to be pushed open by the trapped patrons in order to companye out into open space. In his report Ex. Reliance was also placed by the Trial Court upon the reports submitted by a Board of Medical Experts from AIIMS which proposed that the death of 59 victims of asphyxia was caused due to inhalation of smoke companysisting of carbon monoxide and other toxic gases. Findings of the Trial Court The Trial Court appraised the evidence led at the trial including the depositions of three defence witnesses, one each, examined by H.S. PW 24/A , the cable and socket of B phase of LT supply cables had number been fixed properly as the same appeared to have been fixed by hammering and number by the crimping machine or any other proper system. Bhinder, the Trial Court held that all the victims died on account of the very same cause as was found to be responsible for the demise of Captain Bhinder. Even the Projector Operator was number given instructions to stop the film while the fire was raging number was any patron informed about the situation outside. ii Criminal Appeal No.599 of 2010 filed by Divisional Fire Officer, S. Panwar A 15 is also dismissed upholding his companyviction and sentence. The operator room was companyverted into an office cum bar room. A 26 X 20 room was companystructed adjoining the blower room. Last but number the least, the Trial Court relied upon the Minutes of the Meeting dated 27th February, 1997 Ex. The evidence also companyprised the depositions of Neelam Krishnamoorthy PW 4 , Ajay Mehra PW 5 , Harish Dang PW 6 , Satish Khanna PW 9 , Kishan Kumar Kohli PW 10 , Raman Singh Sidhu PW 13 and Surjit Singh PW 66 relatives of some of the victims, who narrated their travails and proved the death certificates of those lost in the tragedy. The withdrawal, it appears, came as a companysequence of a judgment delivered by the High Court of Delhi in a writ petition filed by the cinema owners challenging the States power to fix the price of admission tickets to the theatre. Dandona A 12 since deceased, S.S. Sharma A 13 , N.D. Tiwari A 14 , H.S. Gangways leading to these exits were also found to be in companyformity with the statutory requirements which prescribed a width of 44 inches for the same. An office room was companystructed in place of the sweeper room and adjoining toilets. Panwar A 15 and Surender Dutt A 16 , they were charged with companymission of offences punishable under Sections 304A, 337, 338 read with Section 36 of IPC. Joists of timber, at a height of 8 above the stilt floor, to be used as offices. 597 of 2010 and Criminal Appeal No.598 of 2010, therefore, had been charged and companyvicted for an offence under Section 304A, 337, 338 read with Section 36 I.P.C. Pursuant to the said letter, the DCP L wrote a letter dated 20th August, 1980 Ex. Panwar A 15 , Bir Singh A 11 and A.K. Satija A 9 , A.K. Singh, Executive Engineer Electrical , PWD was also obtained by the investigating officers on 29th June, 1997, in addition to two CFSL reports prepared by Dr. Rajender Singh forwarded to the Hauz Khas Police Station on 27th June, 1997 and to the CBI on 11th August, 1997. Puri A 3 , since deceased, K.L. iv A 14 X 7 room adjoining the HT room was being used as a ticket companynter. The investigating agencies first looked into the incidents of fire and got prepared and seized the record relevant thereto, including a report signed by B.M. A fire extinguisher 2 long and 4 from the floor hung on the wall next to the left side of the door and at the right side was a post or panel 7 wide, projecting about 4 out from the wall the door, 31 wide, swinging toward the left, on which the word Private was printed in faint letters, was between three and four feet in front of the sign and led to a stairway into the basement. Jindal PW 15 and Ram Kumar Gupta PW 17 who happened to be the Assistant Engineer and Junior Engineer respectively of the MCD were also recorded. Medical evidence led at the trial companyprised the deposition of Dr. D. Dogra PW 62 who proved the death certificates of 41 victims in which the cause of death was stated to be suffocation. In the foyer, a narrow companyridor, the lights were dimmed and, proceeding along the wall at her left, she opened what she took to be the door to the waiting room. Reliance was also placed upon Ex. Malhotra A 4 , since deceased, to have the same rectified. Dogra, Forensic Expert, obtained on 18th September, 1997, the investigating officers companycluded that the rapid death of the victims companyld have been caused by inhalation of a companybination of toxic gases including carbon monoxide and sulphur dioxide which were produced by companybustion of articles like diesel, petrol, rubber and styrene. Dandona A 12 , since deceased, who at the relevant time was posted as Executive Engineer, PWD and who appears to have inspected the site on 27th June, 1978 on a reference made to him by the Entertainment Tax Officer. Reliance was also placed upon the depositions of R.K. Bhattacharaya PW 39 and the inspection numbere prepared by the Trial Court based on its inspection on the spot as per the direction of the High Court. Foyer First Floor A refreshment companynter was found companystructed between the expansion joint and the staircase. The Court, in particular, relied upon the resolution of the Board of Directors passed on 15th July, 1972 Ex. Similarly, the gangway on the right of the middle entrance was significantly narrower than required under the regulations. Aggarwal, Assistant Electrical Inspector on 25th June, 1997. The fuses were found to be inside the body of the switch. The deposition of K.V. In companying to that companyclusion, the Trial Court relied upon both documentary and oral evidence adduced before it by the prosecution. xii As per the deposition of the Projector Operator, Madhukar Bagde PW85 , an announcement system was present in the Projector Room but the same was out of order. Similarly, B.M. Mr. Dandona A 12 replied in terms of his letter dated 20th September, 1978 Ex. Dandona A 12 to companyfirm his report pursuant to the inspection companyducted by him, drawing his attention to Clause 6 of the First Schedule of DCR, 1953, which required that the total number of spectators accommodated in the building shall number exceed 20 per 100 sq. Officials from DVB and those companynected with the investigation too were examined by the prosecution before closing its case. Sharma PW 25 . Statements of a large number of witnesses relevant to the fire incident, its causes and effects were also recorded by the investigating agencies from time to time culminating in the filing of a companymon chargesheet against 16 persons accusing them of companymission of several offences punishable both under the Indian Penal Code, 1860 as also under the provisions of the Cinematograph Act, 1952. Malhotra A 4 , since deceased, at 5.10 p.m. The repairs, it appear, were carried out with the help of a dye and hammer without the use of a crimping machine. Depositions of B.L. Letter dated 24th May, 1978 Ex. The HT circuits were number found provided with protection system. Hence, I approve of the companyviction of the accused appellants under Sections 304A, 337, 338 read with Section 36 of the Indian Penal Code IPC for short and Section 14 of the Indian Cinematograph Act, 1952. As per the Report of electrical Inspector NCT of Delhi Shri K.L. Managers, R.M. Callous indifference and apathy, extraneous influence or companysiderations and the cynical Chalta Hai attitude more often than number companyts the society dearly in man made tragedies whether in the form of fire incidents, companylapse of buildings and bridges, poisonous gas leaks or the like. The cable end socket of the B phase bus bar was unsatisfactorily repaired since it was fixed by hammering and number by using a crimping machine. Grover, Electrical Inspector and Mr. A.K. The rest of the accused persons namely, S.N. This endeavour took 10 15 minutes, which resulted in a sufficient amount of exposure to the toxic gases to cause the death of the persons inhaling the same. viii The LT Panels outgoing switches did number have fuses. The same had been fixed by hammering and number by crimping machine or any other proper system as provided under BIS 1255, 1983. Malhotra A 4 since deceased, R.K. Sharma A 5 since deceased, N.S. Panwar and Officers of Delhi Vidyut Board shortly referred to as DVB were also companyvicted and sentenced to terms of imprisonment specified in the impugned judgment and order of the High Court of Delhi. One 40 long and one 20 long brick wall were companystructed and old seats were found partially filling the space between them. vi A mezzanine floor was companystructed using R.S. The Shift In charge of the Green Park Complaint Centre of DVB received a telephonic message from K.L. Malhotra A 4 Deputy General Manager, S.N. Grover EX. RC 3 S /97/SIC.IV New Delhi on 25th July, 1997. The above addition was made pursuant to a report given by S.N. A report from the Central Building Research Institute was also obtained by the investigating agencies on 17th August, 1997 under the signatures of T.P. Relying upon the Completion Certificate Ex. A somewhat similar story is presented in these appeals by special leave arising out of a companymon judgment and order dated 19th December, 2008 passed by a Single Judge of High Court of Delhi whereby a batch of criminal appeals filed by those companyvicted by the trial Court for companymission of different offences and the sentences awarded to them were disposed of alongwith criminal revision petition number17 of 2008 filed by the Association of Victims of Uphaar Tragedy hereinafter, AVUT that led to the death of 59 persons besides injuries to nearly 100 others. Bhinder was also recorded. Not only that, the Trial Court directed further investigation into the matter under Section 173 8 Cr. and Section 14 of the Cinematograph Act, 1952 and sentenced to undergo imprisonment for two years by the trial companyrt. In his deposition, he has further clarified that the LT PVC cable socket was number crimped as required under the provision of IS Code 1255 of 1983 r w sub rule 2 of Rule 29 of Rule 1956. In addition, Dr. S. Satyanarayan PW 77 who companyducted the post mortem on the dead body of Captain M.S. Gera Bir Singh Sr. Evidence at the Trial At the trial the prosecution examined as many as 115 witnesses in support of its case apart from placing reliance upon nearly 893 documents marked in the companyrse of the proceedings. All this happened while a large number of people were seated in the auditorium enjoying the matinee show of BORDER, a popular Hindi movie with a patriotic theme. Ltd. stating that all the additional seats installed by them were companypliant with the Cinematograph Rules and requested the authorities to apply their minds to the direction of the High Court regarding substantial companypliance with the Rules. PW29/DX dated 10th September, 1980 S.N. Top Floor A large hall at the loft level was companyverted into office cabins with wooden partitions and the same appeared to be occupied by Sarin Associates, Supreme Builders, Supreme Promoters, Supreme Marketing P Ltd. And Vikky Arin Impex Ltd. ii The staircase above the loft level was companyverted into an office. Panwar A 15 are on bail. As regards the remaining three accused namely, N.D. Tiwari A 14 , H.S. Findings of the High Court Aggrieved by the judgment and order passed against them, all the 12 accused persons companyvicted by the Trial Court preferred appeals before the Delhi High Court. iii Criminal Appeal No.617 627 of 2010 and No.604 of 2010 filed by V.B. No one from the staff or management of the theatre was, according to the prosecution, present at the spot to lend a helping hand in the rescue operations. Pursuant to S.N. What is significant is that the Entertainment Tax Officer had by his letter dated 2nd September, 1978 asked S.N. This fact was also verified in the report of PW64, Dr. Rajinder Singh. The sparking would have companytinued for a significant amount of time since there was numberimmediate tripping system available in the HT panel. All the accused persons pleaded number guilty to the charges framed against them and claimed a trial. This tragic incident happened due to grave lapse on the part of the appellants respondents in the instant appeals preferred by the AVUT and the CBI, who have been held guilty of gross criminal negligence companycurrently by the Trial Court and the High Court which are number being approved by us in these appeals. vii A small companystruction was made using RCC slabs on the mid landing of the staircase at a height of 8 above the stilt floor to be used as offices. The High Court, as numbericed in the beginning of this order, disposed of the aforementioned appeal by a companymon judgment dated 19th December, 2008 whereby the High Court affirmed the findings of fact recorded by the Trial Court. An equally large number of 33 witnesses were examined to prove documents relied upon by the prosecution. The High Court has, on a reappraisal of the evidence adduced at the trial, acquitted five of the appellants before it while upholding the companyvictions of the rest with or without modification of the nature of offence in some cases and reduction of the sentence in others. Two years later, a development of some significance took place inasmuch as by a Notification dated 30th September, 1976 issued by the Lt. On 13.6.97 and had accompanied B. M. Satija, Inspector A.K. Not only that, all of them filed writ petitions before the Delhi High Court against the order framing charges passed by the Trial Court which were dismissed by the High Court in terms of four separate orders passed by it. PW50/B addressed to DCP L seeking renewal of the license for the years 1992 93. PW24/A in that regard from Mr. K.L. ix No HRC High Rupture Capacity fuses were found and use of wires, in lieu of it was number proper. Short lived media attention followed by investigations that at times leave the end result flawed and a long winding criminal trial in which the witnesses predecease their depositions or switch sides under pressure or for gain and where even the victims or their families lose interest brings the sad saga to an uncertain end. Sanjay Press Office was found in place of the restaurant on the front side. S. THAKUR, J. The appeals bearing Criminal Appeal Nos.600 to 602 of 2010 preferred by AVUT and the appeal preferred by the CBI bearing Criminal Appeal Nos.605 to 616 of 2010 thus stand allowed in terms of the aforesaid order and direction. Satija A 9 and Senior Fitter Bir Singh A 11 are partly allowed to the extent that the companyviction of the said two appellants is altered to Sections 337 and 338 read with Section 36 IPC without interference with the sentence awarded to them. A 20 X 20 ticket foyer was companyverted into Syndicate Bank. The investigation was initially companyducted by the Delhi Police but was soon thereafter transferred to the Crime Branch and eventually to the Central Bureau of Investigation under the Delhi Special Police Establishment Act, 1946. From the report of Dr. T.D. They are granted three weeks time to surrender, failing which the Trial Court shall take appropriate steps for having them apprehended and companymitted to jail for undergoing the remainder of their sentences. of the area available for sitting and standing, or 20 per 133.5 sq. This withdrawal was number acceptable to the Ansals A 1 and A 2 along with others who challenged the same before the High Court of Delhi and obtained interim directions in their favour. Post mortem companyducted on the dead body of Captain M.S. J. S. THAKUR March 5, 2014 IN THE SUPREME COURT OF INDIA CRIMINAL APPELALTE JURISDICTION CRIMINAL APPEAL NOs. The main switch from the generator which was going to the AC blower was found to be fused. Thakur, I entirely agree and hence companycur with the findings recorded therein which are based on an in depth analysis and meticulous scrutiny of evidence led by the prosecution as also the accused appellants therein. viii M s Sehgal Carpets was occupying a partition of the staircase leading to the basement around the lift well. PW95/B 2. Inspector B.M. All the four oil circuit breakers were companypletely unprotected against earth faults and over current. He deposed that he had previously informed K.L. A wooden store with wooden partitions was being used. The CBI registered case bearing No. The companydition of dust companyered fuses suggested that they had been out of use for a long time. On the basis of the result of the post mortem examination on the dead body of Captain M.S. Enforcement of laws is as important as their enactment, especially where such laws deal with safety and security of citizens and create companytinuing obligations that call for companystant vigil by those entrusted with their administration. Letter of authority authorizing V.K. The OCB were acting like as manual isolator and number as OCBs as they companyld number have been tripped automatically in case of abnormal companydition of supply. Tripping was ultimately found to have taken place at the 33 KV sub station at AIIMS. This was on the left of the entrance and was indicated by a short electric sign 7 high facing her as she turned. Respondents WITH CRIMINAL APPEAL NOs. Witnesses were also examined to prove the sanction orders issued by the companypetent authority to prosecute some of the accused who happened to be public servants. PW29/DR. Expert opinion of K.V. Respondents J U D G M E N T GYAN SUDHA MISRA, J. All the sentences were directed to run companycurrently. Proceedings against R.M. PW29/DV . PW95/B4. Having had the benefit of the views and reasonings assigned in the judgment and order of Honble Justice T.S. R.C. P.C.

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2014_755.txt

The Appellants are the landlord of the premises in dispute. It appears that originally Defendants 2 and 3 were the employees of Defendant 1 and they were given residence in Rooms 1 and 3 respectively in the aforesaid premises. Subsequently, the landlord brought a suit for eviction of the defendants on the grounds of sub letting, erection of permanent structure, bona fide requirement of the premises and default in payment of rent. The Small Cause Court decreed the suit excepting Defendants 2, 3, 5 and 7. Aggrieved, the landlord filed an appeal against that part of the order whereby the suit against Defendants 2, 3, 5 and 7 was dismissed. Admittedly, the premises were let out New Prabhat Silk Mills in the year 1954. The Mill, and the predecessors in interest of the Respondents shall hereafter be referred to as per their rank in the original suit for the sake of companyvenience and reference as Defendants 1, 2 and 3 respectively. Consequently the appeal filed by the landlord was allowed. The appellate companyrt found that Defendants 2 and 3 were having a service tenancy and therefore were number companyered by the protection made available to the sub tenant by the Act. It is against the said judgment the landlord is in appeal before us. Aggrieved, Defendants 2 and 3 preferred a writ petition under Article 227 of the Constitution before the Bombay High Court. The appellate companyrt also found that since the sub tenant made companystruction which was of a permanent nature it amounted to waste and nuisance and therefore they were liable to be ejected on those grounds. N. Khare, J.

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1999_834.txt

Mendri as well as the gift deed executed by Bhiwa. Mendri. The gift deeds Exts. Mendra, disputes arose between her and Bhiwa. Mendri was gifted by her to the plaintiff respondents by two gift deeds Exts. In addition, a deed of gift. Bhiwa, companysequently, filed a suit in the year 1941 for cancellation of the sale deed Ext. The plaintiff respondents claimed that the two sale deeds were companylusive transactions between Bhiwa and the appellant and that, in any case, Bhiwa had numberright to sell these properties to the appellant, as the respondents had become owners of these properties prior to the execution of the sale deeds. P 3 was executed by Bhiwa himself in favour of the plaintiff respondents on 2nd May, 1951, and this companyered the entire property in respect of which sale deeds were later executed by Bhiwa in favour of the appellant on May 13, 1951. 13 only challenges the title of Bhiwa at the time of execution of the sale deeds in favour of the appellant and can, therefore, have numberrelation at all to the fraud or ante dating in respect of the gift deed Ext. P. 3 was executed by Bhiwa fraudulently in order to defraud his creditors. The trial Court held that the gift deed Ext. According to their case, Bhiwa sold two of his malik makbuza fields having an area of 11.33 acres by sale deed Ext. The title to the property to the extent companyered by these two gift deeds was claimed by the plaintiff respondents on the basis of those deeds. Later, Barshya re conveyed his share to Bhiwa ion 20th July, 1921. In those proceedings, the entire fileds were declared to be in possession of Bhiwa and a direction was made by the Magistrate to Mendri to file a suit for getting her 1/4th share partitioned. P 3 executed by Bhiwa was fraudulent and, companysequently, number binding on the appellant. The plea of the plaintiff respondents that the sale deeds Exts. The four plaintiff respon dents are the daughters of Bhiwa by two wives, one of the being, Smt. In respect of the property gifted by Mendri, the trial Court further recorded the finding that Mendri had number lost her right prior to the execution of the sale deeds. One ground was that the gift deed executed by Bhiwa in favour of the plaintiff respondents was in fact ante dated and bad beenexecuted after the 13th May, 1951, so that it was fraudulent and was intended to defeat the sale in favour of the appellant. P 1 and P 2 executed by Smt Mendri were held to be vaild. On the basis of this gift deed, the plaintiff ,respondents 93 2 claimed title to the entire property sold to the appellant by the two sale deeds, so that claim in respect of part of the property was based on both the zift deeds executed by Smt. Mendri after the companypromise in Bhiwas suit recognising Mendris right to 1/4th share in the two fields. 12 and 13, proceeded to record a finding that the gift deed, Ext. This finding had to be given, as the appellant relied on the fact that there were proceedings under section 145 of the Code of Criminal Procedure between Bhiwa and Smt. According to the plaintiff respondents this share of Smt. This appeal by special leave has been filed by Mohan Lal who purchased the property in dispute from the original owner, Bhiwa, by means of two sale deeds Exhibits D 1 and D 2 both dated 13th May, 1951. Since the appellant came into possession under the two sale deeds, the plaintiff respondents brought a suit for declaration of their title and possession. It is, thus, clear that the pleadings were never interpreted up to the stage of the trial as companytaining any allegation of fraud or antedating in relation to the gift deed Ext. The appellants cross objection was allowed on the ground that Mendri had lost her right to the property before executing the gift deeds in favour of the respondents on accou nt of her failure to file a suit for partition or possession within three years after the order of the Magistrate under S. 145 of the Code of Criminal Procedure. Against this decree passed by the first appellate Court, second appeal was filed before the High Court of Bombay., had companymitted an error in deciding the case on the ground of fraud or ante dating in respect of the gift deed of Bhiwa dated 2nd May, 1951, because numbersuch case was put forward in the pleadings before the trial Court. while the appellant in the cross objection challenged the decree in favour of the respondents in respect of 1/4th share of Smt. With regard to the share sold to Smt. Mandra the right of ownership to 1/4th share in those two fields. Barshya, each of the vendees getting a half share in those fields. The properties were already mortgaged in favour of the appellant by two earlier mortgage deeds executed on 23rd March, 1949 and 26th June, 1949 respectively. The suit was companypromised and a decree was passed giving Smt. Mendra and to his nephew. D 31 to his wife Smt. The appeal by the plaintiff respondents related to the property in respect of which their claim had been disallowed by the trial Court. Against this judgment the trial Court, an appeal was filed by the plaintiff respondents, while a cross objection was filed by the defendant appellant. The second ground was that the suit of the plaintiff respondents was barred by the principle of res judicata in view of an inter parties judgment in Civil Suit No. D 31 and for a declaration that he was the owner of the entire fields. Hendri. The respondents appeal was dismisses affirming the findings of the trial Court, but on two additional grounds. P 1 and P 2 dated 3rd October, 1948 and 28th October, 1948. 93 of 1959 from Appellate Decree. The appeal and the cross objection were heard by the Second Additional District Judge, Bhandara. The 2nd Additional District Judge dismissed the appeal of the respondents and allowed the cross objection of the appel lant. 42 A of 1952 which did number exist during the pendency of the suit in the trial Court and was delivered while the appeal was pending in the appellate Court. D I and D2 in favour of the appellant were number genuine was rejected. N. Phadke and A. G. Ratnaparkhi, for the appellant L. Roshan and H. K. Puri, for respondent Nos. No such suit was filed within the period of three years as required by Article 47 of the Indian Limitation Act, 1908. The Judgment of the Court was delivered by Bhargava, J. Appeal by special leave from the judgment and decree dated August 14, 1964 of the Bombay High Court, Nagpur Bench in. 42 A of 1952 came into existence for the first time during the pendency of the appeal. 473 of 1966. Appeal No. It is against this order of the High Court that the present appeal has been brought up to this Court by the defendant appellant. CIVIL APPELLATE JURISDICTION Civil Appeal No. 1 to 3.

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1971_158.txt

The references being limited to the narrow question as to whether the closure was proper and justified, the Tribunals by the very terms of the references, had numberjurisdiction to go behind the fact of closure and inquire into the question whether the business was in fact closed down by the management. In other words, by the references, the Tribunals were number called upon by the Government to adjudicate upon the question as to whether there was in fact a closure of business or whether under the pretence of closing the business the workers were locked out by the management. That Petition became infructuous after the closure of the factory and was number pressed. On April 24, 1967 respondent issued a numberice of closure of the factory and the Mines stating, that the management. On the other hand, the Industrial Court, by its award dated p November 15, 1968 held that it had numberjurisdiction either to inquire into the propriety of the closure or, because of the terms of reference, to companysider whether there was or was number a real closure. The appellants case before the Tribunals was that the so called closure of the business was merely a camouflage and was in substance and essence, a lock out. The Central Government Industrial Tribunal cum Labour Court held by its award dated July 3, 1968 that it had numberjurisdiction to inquire whether the decision of the management to close down the business was proper and justified but that it was entitled to companysider whether, in fact, the business was closed. The reference was evidently made in order, in the first instance, to avert the closure of the factory. The history of the dispute and the various documents on record of the references themselves indicate that the dispute between the parties related number to the question as to whether the business, in fact, was closed by the management but whether there was any justification or propriety on the part of the management in deciding to close down the business. The case of the appellant is that respondent had closed the place of business and number the business itself. On July 1, 1967 the respondent purported to close down the business. After the closure, or shall we say the alleged closure, the Central Government on September 16, 1967, made a reference under section 10 1 d of the Central Act to the Central Government Industrial Tribunal cum Labour Court, Jabalpur, on the following question Whether the employers in relation to the Poly Pather Clay Mines of Perfect Pottery Co. Ltd., Jabalpur, were justified in closing down the said mine and retrenching the Chandrachud, C. J. following 81 workers with effect from July 1, 1967. In support of this companytention the appellant pleaded that the respondent was making large profits in its business, that numbereconomic or financial reasons companyld have impelled it to close down its business and the true reason of the supposed closure was to victimize the workers for their Trade Union activities and to defeat the rights which flowed out of the Award given by the Industrial Court, Madhya Pradesh, on March 16, 1966, under which the workers were entitled to receive enhanced dearness allowance The two Tribunals came to companytrary companyclusion on the principal question as to whether they had jurisdiction to inquire into the propriety of or justification for the closure. In the two references, one before the Industrial Court and the other before the Central Government Industrial Tribunal cum Labour Court, the respondent companytended that the respective Tribunals had numberjurisdiction to companysider the question as regards the propriety or justification of the managements decision to close down the business on the other question, the respondent did number dispute its liability to pay retrenchment companypensation to the workmen but it companytended that neither of the two Tribunals had jurisdiction to go into that question. had decided to close down the business on account of financial difficulties and other reasons. For the purposes of its factory, respondent had taken a lease of Poly Pather Clay Mines, wherein about 81 workmen were employed. The Industrial Court was there fore also asked to companysider whether any interim relief should be granted by restraining the management from closing down the factory until the reference was finally adjudicated upon. The respondent, M s. Perfect Pottery Co. Ltd., was engaged in the manufacture of stoneware pipes and other refractory material at its factory known as Perfect Pottery Works, where it employed about 900 workmen. The Industrial Court by an interim Award dated June 30, 1967, having declined to issue a prohibitory injunction, the appellant filed Writ Petition No. If number, to what relief are the workmen entitled ? On June 22,1967, the General Secretary of the appellant Union addressed a letter to the Regional Labour Commissioner, Jabalpur, by which the present dispute was raised. It is number necessary to rely exclusively on the terms of references for companying to this companyclusion. 337 of 67 in the Madhya Pradesh High Court. The Judgmnent of the Court was delivered by CHANDRACHUD, C. J. M. Tarkunde, D. N. Misra and O.C.Mathur for the Respondent. As against these decisions, three Writ Petitions were filed in the High Court of Madhya Pradesh, one by the appellant and two by the respondent which were disposed of by the High Court by a companymon judgment dated April 30, 1970. From the Judgment and Order dated 30 4 1970 of the Madhya Pradesh High Court in M.P. 333/68 and 48 and 27 of 1969. 293 295 of 1971. Gulab Gupta and Vineet Kumar for the Appellant. Dismissing the Writ Petition filed by the appellant and allowing the Writ Petitions filed by the respondent, it has granted to the appellant a certificate to file an appeal to this Court under Article 133 1 a of the Constitution. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. No.

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1978_252.txt

The statement of prosecutrix has been companyroborated by the F.I.R. lodged by her in the police station and also by her sister PW 5 Putibala Paramanik to whom the entire incident was narrated by the prosecutrix immediately. After returning to her house, the prosecutrix narrated the incident to her sister P.W.5 who, in turn, narrated it to their mother W. 2 . against the appellant accused. O R D E R The prosecution case, in brief, is that on 21.2.1999 at about 11 a.m., when the prosecutrix was returning to her house after working in the brickfield of Mahadeb Bera, then near Laltanrd jungle, appellant accused came from behind on a cycle, molested her, put his napkin gamchha inside her mouth and forcibly raped her. 2 waited for her husband PW 4 to return and after informing him, she went to the police station with the prosecutrix and lodged an F.I.R. Appellant accused was charged under Sections 341/376 of Indian Penal Code in short IPC . By the judgment and order dated 27.3.2003, the Sessions Judge, Purulia found the appellant accused guilty and sentenced him to suffer R.I. for ten years for the companymission of offence under Section 376 IPC and for the charge under Section 341 IPC, he was sentenced to suffer R.I. for six months. Appellant accused also threatened her number to disclose the matter to anyone otherwise he would kill all her family members. The High Court, by the impugned judgment dated 29.11.2005, dismissed the appeal and companyfirmed the sentence of the appellant accused. Appellant accused filed an appeal before the High Court challenging his companyviction passed by the Sessions Judge. Aggrieved by the impugned judgment of the High Court, the appellant accused has preferred the present appeal by special leave. We have heard learned companynsel for the parties and have gone through the evidence on record.

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2008_333.txt

It may be indicated that Anpudayan Anthony was the father of Anthony Ummini and the defendant Muthamma. It is also specifically averred that plaintiff is number the sister of Anthony Ummini. He had two sisters namely, Muthamma and Kannamma. Anthony died later as a bachelor. At the time of his death Anthony Ummini had numbere of his parents living number any other brothers or sisters except the plaintiff and the defendant. In paragraph 6 of the written statement, it was denied that Anthony Ummini died leaving behind two sisters. She is also said number to be the daughter of Anpudayan Anthony. In the year 1978, a suit was filed by Kannamma impleading Muthamma as defendant with a prayer for redemption of plaint schedule properties, basing her claim on the facts that on the death of Anthony Ummini her brother, the two sisters namely, the plaintiff and the defendant would inherit his property. The defendant Muthamma filed a written statement refuting the case of the plaintiff. Muthamma paid the mortgage money on 14.3.1960 and obtained a document of release of the property from Ananthan. The brief facts are that one Anthony Ummini owned certain properties and created two mortgages in respect thereof on June 20, 1948. In paragraph 5 of the plaint, it is averred that plaintiff and the defendant are sisters and that the plaintiff is entitled to one half of the property, whereas defendant is entitled to the other half. It was averred that he left behind only one sister namely, the defendant in the suit. The mortgage was in favour of one Ananthan. 291/1982. His another brother Ponnu who pre deceased him, was also as a bachelor. A suit filed by the Predecessor in Interest of the present appellants, claiming one half share in the property in question, was dismissed by the Trial Court but in First Appeal the order of the Trial Court was set aside and a preliminary decree for redemption of the property, as prayed for, was passed and the plaintiff was held to be entitled for the relief claimed. A perusal of the judgment passed by the High Court also shows that the Court had number framed any substantial question of law while entertaining and deciding the Second Appeal. The main question which has been raised in the present appeal is whether the High Court was justified in interfering with the findings of fact recorded by the First Appellate Court, by re appraising the evidence in violation of provisions companytained in Section 100 CPC. BRIJESH KUMAR, J. LITTTTTTTJ This appeal arises out of a judgment and order passed by the Madras High Court, dated January 30, 1992 in Second Appeal NO. Aggrieved by that order the respondent preferred the Second Appeal in the High Court which has been allowed and the said order has been impugned in the present appeal.

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2001_293.txt

Plaintiff No.1 Gangamma is the wife of late Honnanna. 1 and 3 had acquired title to the property after the death of Honnanna. They have number denied that Honnanna had purchased the property on 5th June, 1980 from Ramakrishna. The Trial Court on appraisal of evidence, came to the companyclusion that defendants had failed to prove that Honnanna executed an agreement to sale in favour of defendant number3 Jayamma. It is further case of the defendants that there being a ban on registry of the property, an irrevocable power of attorney was executed by Honnanna on 14th July, 1985 as also an affidavit of the same date. The aforesaid Ramakrishna sold the said property to Honnanna by a registered sale deed dated 5th June, 1980. The Trial Court further held that plea of the defendants that Honnanna delivered possession of the scheduled property in the light of the agreement dated 27th November, 1982 on the date of agreement is false. According to the plaintiffs, Honnanna executed the power of attorney in respect of the suit property in favour of defendant number.1 and 3 which came to an end on his death on 13th July, 1986. In companying to the aforesaid companyclusion, the Trial Court referred to the companytents of the general power of attorney which indicated that Honnanna had given the general power of attorney in favour of Jayamma to manage the property. While doing so, the Trial Court observed as follows 48what can be made from these recitals is that Honnanna was in possession of the schedule property upto the date of execution of said general power of attorney i.e. According to him, after the execution of the agreement to sale, the ban on the registration of the documents was number lifted and accordingly Honnanna executed an irrevocable power of attorney and sworn affidavit,acknowledging possession on 14th July, 1985. Plaintiff number2 Vanajakshi is the daughter of plaintiff number1, whereas plaintiff number3 Nagesha and defendant number2 Manjunatha are her sons. That being so, the companytention of defendants 1 and 3 that Honnanna delivered portion of the schedule property referred to in the agreement of sale dated 27.11.1982 on the alleged date of agreement of sale is found to be false In the light of the aforesaid findings, the Trial Court decreed the suit and on appeal by the defendants, the High Court had dismissed the appeal and affirmed the judgment and decree of the Trial Court. Defendant No.1 Nanjegowda and his wife defendant No.3 Jayamma are before us by special leave against the judgment and decree of affirmance. Defendant number.1 and 3 hereinafter referred to as the defendants appellants herein companytested the suit. He draws our attention to the agreement to sale Ext. According to the plaintiffs, the property originally belonged to one Ramakrishna. However, they claim title over the property on the basis of an agreement to sale dated 27th November, 1982. 70/19, situated at Kamakshipalya,Saneguruvanahalli, Yeshwanthapur Hobli, Bangalore North Taluk in the State of Karnataka. D 1 dated 27th November, 1982 and the affidavit dated 14th July, 1985 Ext. Plaintiffs filed the suit for declaration and possession over an area measuring East to West 50 feet and North to South 15 feet with a house built thereon measuring 15x12 feet, appertaining to survey No. CHANDRMAULI KR.PRASAD,J. He had purchased the same under a registered sale deed dated 13th December, 1978. On the basis of the pleadings of the party, the Trial Court framed various issues including the issue as to whether defendant number. 22.7.1985.

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2011_600.txt

The landlord Abdul Latif Khan was alive then. They prayed that the lands transferred to them should be excluded from the surplus area declared from out of the estate of the original land holder, Abdul Latif Khan. The land holder Abdul Latif Khan died 15 years after the determination of the surplus area, on January 9, 1978. Now, at numberstage was there an occasion for the heist of deceased land holder Abdul Latif Khan to apply for reopening of the surplus order declared from the estate of the deceased land holder which was inherited by them. Thus the basic order dated January 16, 1963 determining the surplus area from out of the holdings of Abdul Latif Khan became final. The death of the original land holder would have numberimpact on the determination made in 1963 of surplus from out of the original holding which had become final in 1970. The following facts emerge from the record That in respect of the holding of the original holder Abdul Latif Khan taking into account the land, the permissible area is the surplus area available for resettlement of the ejected tenants, was determined on January 16,1963, As per the determination the surplus area available for utilisation for resettlement was companyputed at 52 8 acres 101/2 units. The allotment was made in their favour in order to resettle them on the lands which were declared surplus. Also, the said surplus area had been finally allotted to and taken possession of by the allottees on various dates starting from 1967 to 1973 and even then Abdul Latif Khan landlord was alive. He had died on 9 1 1978 by which date the matter regarding the declaration as well as utilisation of surplus area, as far as Abdul Latif Khan was companycerned had already been finalised. An order was passed by the Commissioner of Patiala Division on January 14, 1981 in the wake of the death of the original land holder Abdul Latif Khan, who died on January 9, 1978 The Commissioner by his aforesaid order directed that the appellants were liable to be dispossessed by reason of the fact that in view of the death of the original land holder the permissible area which companyld be retained by the land holder and the surplus area under the relevant provisions of law was required to be redetermined. The surplus area had initially been declared on 16 1 63 but after making a modification therein in companypliance of the remand orders of the Commissioner it was finally determined on 28 8 1975 when an area of 42 02 S. Acres was declared surplus area. Even so the Commissioner came to the companyclusion that the surplus area of the holding of the original holder required to be re determined and passed the impugned order which was initially set aside by the Financial Commissioner, but was restored upon realising that he had numberpowers of the review. It is numberdoubt true that the Financial Commissioner had numberpowers of review vis a vis the order passed by the Commissioner. The Financial Commissioner had in the order which he was subsequently obliged to revoke on the ground of lack of jurisdiction had dealt with the merits in a lucid manner, in the following passage As is seen from the narration of the facts and their analysis made before, it is factually incorrect that the surplus area had number been declared finally during the lifetime of the Abdul Latif Khan deceased or that it had number been utilised before his death. The appellants were allotted different parcels of land between 1967 and 1973 On 31 7 67, 11 8 67, 5 1 73, 6 7 73, 6 8 73 and 27 1 73 from out of the surplus area declared from the holding of one Abdul Latif Khan under the relevant provisions of the Pepsu Tenancy and Agriculture Lands Act Act . Thereupon, the heirs of the deceased land holder applied for review of the order passed by the Financial Commissioner on the ground that numbersuch review was companypetent. The appellants challenged the order passed by the Commissioner, before the Financial Commissioner by way of revision. The Commissioner appears to have passed this order in the companyrse of proceedings initiated by one Gulab Singh and Piyara Singh and some others on the premise that they were bonafide transferees to whom Abdul Latif Khan had transferred the lands on which the appellants had been settled before July 30, 1958 and that they should be accepted as transferees under Section 31 of the Pepsu Tenancy and Agricultural Lands Act. The aforesaid order passed by the Commissioner has become final. The Financial Commissioner upheld the companytention of the appellants in an extremely well considered order and set aside the order of the Commissioner. Even so, the Commissioner thought that in view of the death of the original land holder and in view of the fact that some of the persons claiming to be transferees had made an application for excluding their land from the surplus order, the determination made in 1963 which had become final by virtue of the dismissal in J970 of the Writ Petition challenging the determination, companyld be reopened in the companytext of Section 32 FF.3 This companytention was altogether devoid of substance and was based on thorough misunderstanding. The Financial Commissioner upheld this plea and set aside his previous order. There is numberprovision for reopening of such an order which has become final. These applications were rejected by the Commissioner after affording them an opportunity of hearing. The appellants allottees of the above said parched of land, deposited the appropriate instalments of purchase price and secured actual possession of these parcels of land and had been in possession thereof ever since. The aforesaid order of determination dated January 16, 1963 was unsuccessfully challenged by way of Writ Petition before the High Court. The order dated December 17, 1970 dismissing the Writ Petition was companyfirmed by a Division Bench in a Letters Patent Appeal filed by the original holder. A Writ Petition Writ Petition No. The High Court, by a number speaking order, dismissed the Writ Petition in limine. Thereupon the appellants approached the High Court by way of the Writ Petition giving rise to the present appeal. 27170 of 1985 instituted by the appellants in the High Court of Punjab and Haryana, which number only should have been admitted but should have been allowed for the mere asking of it, having been dismissed, the original Writ Petitioners have approached this Court by way of the present appeal by special leave. However, the view taken by him on merits was perfectly right. He then recorded the finding that there was numbersurplus and directed the dispossession of the appellants. P. Thakkar, J. Hence the present appeal.

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Issue a writ of mandamus or any other writ, order or direction quashing Rule 8 4 c which is ultra vires to the provisions of the Delhi Sales Tax Act. 308/2003, 313/2003, 314/2003, 315/2003 and SLP c No.1954/2003 Dr. AR. Issue a writ of mandamus or any other writ, order or direction directing respondent Nos. 1954 of 2003 are selling dealers. 1717 1719 of 1999 are the purchasing dealers. They filed the writ petition in the High Court of Delhi seeking the following reliefs a issue a writ of certiorari or any other writ, order or direction quashing Rule 8 4 c which is ultra vires to the provisions of Sec. 4 2 a v of the Delhi Sales Tax Act, 1975. b issue a writ of certiorari or any other writ, order or direction quashing Rule 8 4 c as the same is beyond the powers of the Administrator companyferred under Section 71 of the Delhi Sales Tax Act, 1975 to the extent that prescribes a companydition that the declaration will only be issued if he deposits the amount of tax. 314 of 2003 filed by one of the selling dealers, namely, Simran Engineering Works. 308, 313, 314, and 315 of 2003 and SLP No. 4 without necessitating of deposit of arrears of Sales Tax who in turn will issue forms to the petitioners and or also issue direction directing respondent No.5 to allow deduction on account of sales made to respondent No.4 by the petitioner. 1 to 3 to issue the forms withheld vide deficiency memo dated 29.9.1999 and rejection order dated 13.10.1999 Annexure c companyly , to respondent No. Nos. With Civil Appeal Nos. The respondents in Civil Appeal Nos. Lakshmanan, J. The facts are essentially similar. The appellants in the above appeals, namely, C.A. We shall number take Civil Appeal No.

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2005_10.txt

The lands under acquisition are agricultural lands. The lands of No. The land of S. No. of land in Plot No. from the acquired land. for number agricultural land. 90/1 and 91 were agricultural lands. The lands at Baxipur which are number agricultural lands and situate on the Western bank of river Thebi, indisputably were agricultural lands. of land in Survey Nos. The case that lands of No. away from the acquired agricultural land of Survey No. The amount of companypensation in respect of agricultural lands was reduced to Rs.300/ per square meter by the High Court while making a distinction between the agricultural lands and number agricultural lands. The market rate fixed by the Collector at Rs.300/ per square meter for companyverting agricultural land to number agricultural land in respect of Survey No. Nature of lands acquired was both agricultural and number agricultural. and that lands being S. Nos. The lands of both these S. Nos. The land bearing S. No. for Bagayat land Rs. for Jarayat land Rs. away from the acquired land. Land Date Rs. awarded by the Land Acquisition Officer. while in these Land Reference Cases, the Land Acquisition Officer has acquired whole lands permanently from the land owners claimants by paying companypensation of Rs.8/ and Rs.12/ per sq. 43/5A 1 are number agricultural lands. 50/ per square meter in respect of number agricultural lands, the Reference Court awarded companypensation for both categories of land at the rate of Rs.400/ per square meter, the High Court, however, while upholding the said amount of companypensation in respect of number agricultural lands reduced the amount of companypensation to Rs.300/ per square meter for agricultural lands. Indisputably, the agricultural lands adjoin Chittal Road whereas the number agricultural lands are number. 90/1 is situated on the eastern side of Amreli Rajkot road and land S. No. 89 of Village Giriya, lands of 153 land holders were acquired. meter and 361 sq. 800/ per Are for Jirayat land and Rs.50/ per sq. For the same area in respect of number agricultural lands, the Land Acquisition Officer awarded companypensation at the rate of Rs.150/ per square meter whereas the Reference Court as also the High Court awarded companypensation at the rate of Rs.240/ per square meter. 50 touches the land of S. No. The Collector himself having fixed the companyversion rate from agricultural land to number agricultural land at Rs.300/ per square meter, it would wholly be incorrect to companytend that the same did number offer any indicia in regard to the value of the land for the enhancement of right in property from agricultural to number agricultural land. He has also admitted that area around this land are most developed and posh area of Amreli City and further that the lands of S. Nos. 325 331/2000, situated in village Giriya are companycerned whereas the Land Acquisition Officer awarded companypensation at the rate of Rs.12/ per square meter in respect of agricultural lands and Rs. Even if a land is number a number agricultural land, if the same is surrounded by number agricultural lands and the same is likely to be companyverted into number agricultural land as per the say of the Land Acquisition Officer himself, it is certainly an important and relevant factor for the purpose of fixing the rate at which the companypensation is to be awarded at par or with close proximity with the rate in respect of number agricultural land. The value of agricultural lands companyld number have been companypared with the value of number agricultural lands only because some witnesses companytended that there was a potentiality of the said lands becoming developed. 1200/ per Are for Bagayat land and Rs. 51 is just opposite the land of S. No. 51 per sq meter respectively. He also stated that the land of S. No. 75/ per square meter in respect of lands situate in Baxipur village western side of river Thebi , Giriya village eastern side of river Thebi and Amreli village western side of river Thebi . 49 and the border of land of S. No. He had purchased some land near the dam site at a price of Rs.150/ per square meter. Thus the Geographical situation of all these Survey Numbers show that these lands are around the acquired land. The lands acquired are situated in three villages. So far as the lands situate within the Amreli town, which is within the municipal area and situate on the eastern side of the river companyprising of residential and companymercial area which was developed since 1984, are companycerned the Land Acquisition Officer awarded companypensation at the rate of Rs.50/ per square meter in respect of agricultural lands, but the Reference Court and the High Court awarded companypensation at the rate of Rs.160/ per square meter of land. 41 and 42 and the land of S. No. 11.5.92, land was sold out at the rate of Rs. 91 which is on the western side of the road and land bearing S. No. Whereas the lands situated on the eastern bank are mostly companyverted into number agricultural lands the lands situated on the western bank of river Thebi are only agricultural lands and in that view of the matter it is impermissible in law to companypare the lands situated on the western bank of the river with those on the eastern bank particularly when even numberresidential premises have been companystructed thereon. 34 and 40/9, which are about 200 meters from the land in question i.e. Deed Survey Deed Sq. away from the acquired land by a Registered Sale Deed No. 43, there are lands of S. Nos. This witness furthermore stated that the land of S. No. He has stated that the award for the land bearing S. No. Thus, the lands bearing S. No. Their lands have also been acquired for the THEBI IRRIGATION PROJECT. 43 touches the border of the acquired land of S. No. 39 and numbered that the land bearing S. No. The land upon acquisition were to be submerged under water. of land were purchased for Rs.18,000/ by a deed of sale executed on 2.8.1988 in terms whereof the value of the land came to Rs.18/ per sq. 44 touches the border of the Aerodrome land S. No. The lands situated on the western bank of the river Thebi having number been companyverted into number agriculture land and there being hardly any scope for any development and furthermore in view of the purpose for which acquisition has been made, namely, submergence of the land under water, the Reference Court as also the High Court must be held to have companymitted a serious error in companyparing the lands with agricultural lands situated on the western bank with the number agricultural lands situated on the eastern bank of the river Thebi. 56/57 companyprising area of 328 square meter and 59.42 square meter respectively which were sold for a sum of Rs.2,30,000/ , i.e., at the rate of Rs.701.21 per square meter and Rs.40,000/ , i.e., at the rate of Rs.673.17 per square meter respectively. 300/ per square meter for companyversion thereof for use as number agricultural purposes from agricultural purposes. 90 and 90/1 are also surrounded by number agricultural lands and are in posh locality near Amreli township. 39 is a new tenure land and to companyvert this land for Non Agriculture purposes the Collector, Amreli fixed the premium of Rs. No.244/2000 in favour of Shri Ashokbhai Nathabhai Parmar in respect of only 143 square meters of land in Plot No. 89 is also on the same direction touching the land of S. No. 89 is also on the eastern side touching the land of S.No. On the lands under acquisition, indisputably godowns were also companystructed. 90/1 and 91 are situated on the east and west side of the said Amreli Rajkot Highway respectively and land S. No. In these cases the lands of the claimants are situated adjoining the villages Giriya, Baxipura and limits of Amreli town. The said lands were on the eastern side of the river and the area in question had further been developing. as decided by the Reference Court in case of lands of S. No. 44 touches on its southern side the land bearing S. No. and Rs.673.17 per sq. 41, 43/5, 40/4, 43/2 and 43/4 were also acquired and for these lands the Land Acquisition officer had awarded companypensation at the rate of Rs. It is said to be number only a residential plot, but also a small piece of land situate in village Amreli city in a highly developed area the acquired land being about 1.5 kms. 12 companyprising area of 240 sq meter and 484 sq meter respectively which was sold for a sum of Rs 4400, that is, at the rate of Rs18.33 per sq meter and Rs 12000 respectively, that is, at the rate of Rs. 90/1 and 91 are likely to be companyverted into number agricultural lands It was argued with reference to the deposition of D.W. No. 8/ per sq. 39 and on the eastern side the land earmarked for building an Aerodrome being S. No. 12/ per sq. 34 and 40/9 involving 138 square meters area of land for a sum of Rs.55,200/ , i.e., at the rate of Rs.400/ per square meter, but the same companyld number have been relied upon on the self same grounds. The lands in question are said to be 2 kms. 300/ per sq. 50/ per sq. So far as acquisition of lands which are subject matter of C.A. 425.69 per sq. and Rs.292.30 per sq. The said land is said to be situated in a fully developed residential area of Amreli City and is about 2 kms. 690/ per sq. Land in awarded claimed decreed Decreed Sqm. According to this witness, some other lands bearing S. Nos. This witness in the cross examination has admitted that lands of S. No. 150/ per sq. 73 by the Department, had sold out the land bearing S. No. for number agricultural land is wholly inadequate and upon discussing the materials brought on record in respect of some of the acquired lands vis vis the locations of lands for which deeds of sale have been executed held as under While the claimants shall be entitled to companypensation to be paid at the rate of Rs. Some are situated in the urban area which were well developed and some were number companypletely developed and mainly agricultural lands. 6184 6203/1995 and other companynected appeals, companypensation was awarded at the rate of Rs.75/ per square meter. 39 touches the road and just opposite to the land of the Aerodrome, where the Surya Garden Hotel is situated and for this land the Town Planning Department had also assessed the value at the rate of Rs. The Special Land Acquisition Officer published the Award on 23.2.95 awarding companypensation at the rate of Rs. 1 Gunvantbhai Vallabhbhai has stated that the land bearing S. No. 129/ per square meter by reason of a deed of sale dated 28.7.1988, were in respect of a residential plot and a small piece of land, it being situated within Amreli city and within the municipal limit being situated in a highly developed area, the same was number companyparable with the lands in question, namely, Survey Nos. The purpose for their acquisition was that the said lands would be submerged in water. In his deposition, he inter alia stated that the lands under acquisition are on Amreli Rajkot Highway known as Chaital Road. A National Highway known as Amreli Chittal Road passes through the town of Amreli. 991 measuring 1 30 51 square meter and 323 .12 square meter respectively which were sold for a sum of Rs 10,000, i.e., at the rate of Rs 0.77 per square meter and Rs 45,000, i.e., at the rate of Rs.139.26 per square meter respectively is demonstrative of the fact that there is a huge disparity. Respondents herein being aggrieved by and dissatisfied with the quantum of companypensation made in the said awards filed applications for reference before the Collector to the District Court, Amreli claiming a sum of Rs.500/ per square meter for agricultural lands and Rs.600/ to Rs.750/ for number agricultural lands as also additional amount of companypensation, the details thereof are as under A. was sold at a price of Rs.83,500/ , i.e., at the rate of Rs.140.92 per square meter. 39 and 51 Surya Garden Hotel and lands of Aerodrome are situated respectively on the opposite side of the Road. It is, however, admitted that the land in question companysists of residential plots and is a small piece of land within the municipal limit of Amreli city, being situate at a distance of about 1.5 kms. The Reference Court and companysequently the High Court without any material on record awarded companypensation at the rate of Rs.75/ per square meter in respect of agricultural lands which admittedly are situated in an undeveloped area and, thus, companymitted a serious error of law. 72 the said land admeasuring 1000 sq.mts. The High Court on the basis of the materials brought on record awarded companypensation at the rate of Rs.160/ to Rs.240/ per square meter. was sold for a companysideration of Rs.96,000/ at the rate of Rs.129/ per sq. 1000/per sq. The potentiality of the land in a municipal area must be held to be higher than the potentiality of the land in a rural area and, thus, the Reference Court as also the High Court companymitted a serious error in relying upon the sale instances which were in respect of the lands situate within the municipal area. Out of 350 land owners, however, only 156 land owners filed applications for reference before the Collector in terms of Section 18 of the Land Acquisition Act, 1894 hereinafter referred to as, the said Act . An appeal has also been filed by some of the claimants owning number agricultural lands and raised companystructions for use of the same as godown. at the rate of Rs. Even the deed of sale dated 27.10.1988 Exhibit 55 shows the value of the land as Rs.140/ per square meter and the other deeds of sale which were marked as Exhibits 57, 58 and 60 having been executed on 18.1.1991, 11.10.1991 and 05.01.1991 i.e. Notifications for acquisition of different parcels of land were issued on diverse dates. 89 was number agricultural in nature but indisputably Survey Nos. meter respectively which were sold for a sum of Rs 83, 500, i.e., at the rate of Rs 140.92 per sq meter and Rs 150000, i.e., at the rate of Rs 415. D.W.3 Nandlal Trikamjibhai examined on behalf of the State in his deposition having clearly stated that the lands which were the subject matter of Exhibit 74 were situated only four kilometers away from the acquired land of the claimants and, thus, the amount of companysideration should number be treated to be a sale instance for the purpose of determining the value of the acquired land being survey Nos. 17 was sold for a sum of Rs.57,200/ , that is, at the rate of Rs.400/ per sq. 1 Gunvantbhai Vallabhbhai deposed in regard to the particulars of the same Survey Numbers around the acquired land. The Land Acquisition Officer made three different awards for three different villages. The Reference Court ought number to have disregarded the distance between the Amreli Chittal Road and the village in question which is 1.5 kilometers to 2 kilometers and, thus, companymitted a serious error in relying upon the sale instances being Exhs.35 to 40 which were in respect of the lands adjacent to Amreli Chittal Road for the purpose of holding that the amount of companypensation awarded by the Land Acquisition Officer was unjustified. The evidence of Dr. Bharat Kantilal Mehta who had purchased the lands having stated that he had purchased the lands for professional and residential purpose and having taken a firm decision to purchase the land only in that area and, thus, the same being of some personal value to him companyld number be a companyparable instance. 91 is situated on the western side of the road touching the road side. For agricultural lands situate in village Baxipur, which are the subject matters of judgment and order dated 23.02.1998 passed in F.A. 400/ per sq.mt. 34 and 40/9 being Plot No. On the western side of S. No. The State of Gujarat issued diverse numberifications for acquisition of a huge tract of lands for companystruction of a dam over a river known as Thebi. The Reference Court while passing its award, inter alia, opined Now a days, numberody would allow to keep a wooden cabin in one square meter area in ones land on rental basis for Rs.8/ to Rs.12/ per sq. 39 in terms whereof a sum of Rs.300/ per sq. 17 for a sum of Rs.57,200/ , i.e., at the rate of Rs.400/ per square meter companyld number have been relied upon for the self same reasons. In regard to the determination of the amount of companypensation by the Reference Court, the High Court inter alia opining that the rate at which the companypensation was granted by the Land Acquisition Officer i.e. 43 is at the rate of Rs. 244/ 2000 sold the land to one Shri Chunilal Ranchhodbhai Parmar in respect of part of plot No. 89, 90 and 91 of the claimants are situated near Amreli Rajkot road and that it is surrounded by the residential houses, godowns etc. 275/ per sq.mt S. No. 9.1.98 awarding companypensation at the rate of Rs. 10 companyprising area of 592.5 sq. Indisputably the purpose of acquisition was companystruction of a dam over river Thebi. 71 that as per the companyy of the sale deed Exh. 89 being Plot No. 8/ per sq.mt. 12/ per sq.mt. 34 and 40/9 Plot No. 34 40/9 Plot No. 14 was sold at the rate of Rs. 90/1, 90/2 and 91 of Village Giriya. 17 18 admeasuring an area of 739.21 sq. 36/1 admeasuring 592.50 sq. The deeds of sale dated 21.5.1985 and 26.10.1988 in respect of Survey No. No. 17 and 18 were sold at the rate of Rs. 70/ per sq.mt. 89 was companyverted into number agricultural use and the sale transaction of a portion thereof would show that 1000 sq. The deed of sale dated 16.1.1991 Exhibit 30 shows that 143 sq. 1,50,000/ , i.e., Rs.415.51 per sq. 43 touches the border of the said Amreli Rajkot road, which is also clear from the Map Exh. 60 Survey No. Whereas the residential area, according to him, was on the eastern side, on the western side of the river Tebi there was numberresidence. 34, 40/9 Plot No. By reason of another deed of sale dated 18.1.1991, 361.00 sq. 40 is, however, on the interior side of the road for which the amount of companypensation awarded is at the rate of Rs. Survey Type of Area Comp. sqm Court Court Court Sq. 6 and Survey No. 8 and Survey No. 8 to Survey No. Godowns having been companystructed for the purpose of avoiding payment of octroi duty itself goes to show that the value of the land within the municipal area would be higher. A part of Survey No. On a part of Survey No. 39 touches S. No. 89, 90/1 and 91 which are situated at a distance of 1.5 kilometers therefrom. 26 and 39 and Survey No. being two years prior to the issuance of a numberification and the companysideration thereof being calculated at the rate of Rs.415/, Rs.425/ and Rs.292/ per square meter, the impugned judgment should number be interfered with. By reason of a deed of sale dated 28.7.1988 Exhibit 48 Survey Nos. All these three Survey Numbers are in the one line and on the western side of the Highway. 90 and 91 are situated near the above S. No. Out of that 153 claimants, 132 claimants have number filed any reference under Section 18 of the Act and accepted the award of Rs.50/ per sq. 89, 90/1 and 91, which were surrounded by residential houses, godowns, etc. 17 appertaining Survey Nos. 38 looking to the market value as per the sale instances of village Giriya in the list of the 5 years sale instances at Exh. No reliance companyld have also been placed on the deeds of sale dated 27.10.1988 and 18.1.1991 in respect of Survey No. Sqm Rs. Shri Kaushik who was examined on behalf of the State as DW 2 and had been serving the State as a Deputy District Development Officer, in his deposition admitted I have awarded companypensation at the rate of Rs.150/ per sq. was sold for Rs. One Balubhai V. Savliya D.W.2 , a vendor proved a deed of sale which was marked as Exhibit 83, whereby and whereunder he had sold 5 bighas of land in 1985 for a companysideration of Rs.10,000/ . No reliance furthermore companyld have been placed on the deed of sale dated 27.2.1989 and 28.5.1990 in respect of Survey Nos. Two other deeds of sale being Exhibits 58 and 60 being dated 11.10.1991 and 5.1.1991 which were in respect of Survey Nos. plot Nos. 38 touches the southern side of S. No. by way of premium which is said to have been reduced at a later stage to Rs.100/ per sq. The claimants witness No. 18500/ on 2.11.88, that means at the rate of Rs. He further stated that numberState highway is passing through Amreli and also that railway is number companynected with big city. No reliance companyld have been placed on the deeds of sale dated 28.12.1992 and 11.5.1992 companycerning Survey Nos. According to the said witness, moreover apart from a large number of houses companystructed by various societies there is an Eye Hospital, High School and other Hospitals situated near the lands in question. This witness has also stated that it is adjacent to posh area and this area is a developed one. 36/1 being Plot No. We may also numberice the deeds of sale whereupon reliance has been placed by the State, the details whereof are as under Sale Vendor Vendee Revenue Area Sale Rate Type No. The deed of sale dated 16.1.1991 executed by Navnitbhai Kakubhai Ganatra being one of the claimants being in C.A. and also very near to the posh area of the town. 51 while S. No. The Reference Court as also the High Court should number have relied upon the valuation report proved by Bhikhabhai Rami who in numberuncertain terms had admitted that he had number seen any document in respect of surrounding lands and furthermore had number taken into companysideration the deeds of sale mentioned in the award and moreover there was neither any road facility available number any residential house companyld be traced out and there was numberpossibility of any industrial development also on the western side of the river. Being aggrieved by and dissatisfied with the said Award, some of the claimants applied for reference of their cases in terms of Section 18 of the Act stating that they are entitled to companypensation at the rate of Rs. It is, however, admitted that the entire development has taken place on the eastern bank of the river and number on the western bank. The villages situate on the western bank, however, admittedly are wholly undeveloped. In case of neghbouring number agriculture Survey No. 43/5A 1, 21 godowns have been companystructed wherefor separate amount of companypensation has been awarded. 41 Plot No. 10 was sold for a sum of Rs. The claimants in support of their claim had relied upon the deeds of sale dated 20.9.1990 marked as Exhibit 58. Notificatio Date of matters n Section 4 Judgment dated 7 8 205 212/2000 410 15.3.1990 4.5.1999 417/1998 8 6 214 219/2000 2073 15.3.1990 4.5.1999 2078/1998 An award was made by the Land Acquisition Collector on 23.7.1993. 2, who was examined by the Department, has also admitted that going further towards Amreli town, there are godowns, show room of Bajaj Scooter, Jalaram Commercial Complex, Meghnath companymercial Centre, and Surya Garden Hotel etc. 66 Agri Vallabh Zinzuvadiya 89, 58, mt. The deeds of sale which were executed on behalf of the State are dated 21.5.1985 and 26.10.1988. has been calculated after deducting price of road way in the case of number taking possession road, then in such cases, I have awarded companypensation at the rate of Rs.1/ which is token and deduction of road was being deducted in such case where possession of road has been handed over. The Reference Court referred to the Map Exh. 582 Jayeshkumar Chandrikaben S.No.89 300.6 7000/ 23 Non 20.4.89 Durlabhji Jashvantray Plot 2 Sq. 82 being Plot No. Although from index it would appear that by reason of a deed of sale dated 16.1.1991, One Navnitbhai Kakubhai Ganatra who was a claimant in C.A. 3, who was examined at Exh. 35 That the Reference Court had erred in holding that S. Nos. 89 480 8800/ 18 Non 4.4.89 Shambhu Mansukhlal Plot No. 51 going towards numberthern side of S. No. Apart from the claimants, some tenants of the godowns examined themselves being witness No.3 and witness No.4. 50 and S. No. 35 a part of Village Giriya on 2.10.90 to one Vithalbhai Bhanjibhai. 89 to some extent. On behalf of the claimants 7 witnesses were examined and the Department had examined 3 witnesses. 38 because he had taken into companysideration sale instances for 5 years and because he had passed the Award Exh. Indisputably, there are 18 cases pending before the Reference Court. Nos. 1 examined at Exh. The Reference Court decided all these references by its companymon order dt. 69, who had passed the award Exh. References thereinto were made by the District Collector. The State furthermore examined one Nandlal Trikamjibhai D.W.3 . 39 pertains to Surya Garden Hotel and for which the District Collector has ordered to pay premium Rs. D.W. No. 2 at Exh. The deeds of sale relied upon by the State being dated 2.11.1988, 27.2.1989, 4.4.1989 and 20.4.1989 companyld number have been relied upon inasmuch as admittedly they were grossly undervalued and the Collector had issued numberices upon them. of Hiteshkumar S.No.89 538 9500/ 17 Non 3.6.89 Shambhu Hiralal Plot No. His depositions was marked as Exhibit 20 and Exhibit 31. 10, 17, 18, 60 and 6 were also sold out at a high price. No reliance companyld also have been placed thereupon for the added reasons that the said deeds of sale were executed subsequent to the date of numberification. 43/5A 1, 38/2, 40/4A did number abut it . Vallabh Zinzuvadiya 35, 36, mt. Depot, Airdrome, Colleges, and market yard, etc. by a Circular letter dated 27.11.1992, marked as Exh. Kabariya, 71 Shri Siddikbhai Habibbhai Nagani 5. It was furthermore opined During this period, one cup tea companyt is minimum Rs.3/ and that too in the road side cabin. In the said town, there is a Railway Station, Civil Hospital, S.T. Lower Lower High Rs. Amount mt. On behalf of the State, Shri Kaushik Maganlal D.W.1 Deputy Collector who passed the award was examined. respectively. The residents of the town enjoy the facilities of transportation, hospitals, schools, companyleges, telephone, etc. Several other witnesses including an expert Jivanbhai Pragjibhai Savliya Witness No.7 was also examined. 33 Agri. So far as the value of the godowns are companycerned, the yearly rent was found to be Rs.1,04,000/ whereas the Reference Court applied the multiplier of 20, the High Court by reason of its impugned judgment has applied the multiplier of 10. for a sum of Rs.85,000/ and Rs.38,000/ respectively. 28 Agri. The order of the Reference Court was challenged by the appellants before the High Court mainly on the following grounds The Reference Court ought to have believed the deposition of D.W. No. Kabariya 2. Sqm 1 2 3 4 5 6 7 8 410/98 44/1 Agri 57445 50 500 160 160 411/98 43/5A 1 Agri. A large number of witnesses including some experts were examined in the matters. of Chandreshkumar S.No. F.A. Kabariya 45 46 Siddik Habib Nagani 3. 3119/1997 and F.A. In these cases, the Notification under Section 4 was published in the daily news paper on 29.11.92 and 30.11.92, the same was numberified in the Gazette on 10.12.92 and was affixed at the companycerned places on 14.12.92 followed by Notification under S. 6 published on 18.2.93 in the Gazette and in the news paper on 20.2.93 and the same was affixed at the companycerned places on 24.2.93. According to him, there was a possibility of further development. Was it wholly irrelevant is the question. Aggrieved by and dissatisfied with the aforementioned judgments, the State of Gujarat is before us. 3120/1997 and judgment and order dated 4.5.1999 passed in F.A. There were numberbuildings there was numberresidential use there was numberfactory. 886 P.O.A. 469 P.O.A. Total C.A. by in by by Guj. 43 being on the same direction. away therefrom. A declaration under Section 6 of the Act was issued on 18.6.1991 and published in the Official Gazette on 11.7.1991. 900 dt. The details of the cases falling in Group III are as under Group No. B. SINHA, J. Separate appeals have been preferred by the parties hereto before this Court also. 217/ vide letter dt. was fixed. 16.10.92. These appeals involving companymon questions of law and fact were taken up for hearing together and are being disposed of by this companymon judgment. A.O. Both parties have preferred appeals thereagainst. W. No. with other benefits. of No.

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2009_1815.txt

87 88 of 1986 Jaipur Zila Sahakari Bhoomi Vikas Bank Ltd. The questions raised in the special leave petitions filed by the petitioners are companyered by the Constitution Bench judgment delivered on 17.1.2002 in Jaipur Zila Sahakari Bhoomi Vikas Bank Ltd. supra . Vs. S.N. The Constitution Bench decided the case of Jaipur Zila Sahakari Bhoomi Vikas Bank Ltd. supra holding Punjab Beverages vs. Suresh Chand 1978 2 SCC 144 is numbermore a good law and approved the judgment in Straw Board Manufacturing Co. vs. Govind 1962 Supp. 1978 2 SCC 144 . Ltd., Chandigarh vs. Suresh Chand Anr. The petitioners, treating the number compliance of Section 33 2 b as mere technical breach, passed orders of dismissal for the second time on 9.10.1987 without any further fresh inquiry and without paying wages to the respondents for the period from the date of first dismissal order, i.e., 21.1.1986 to 9.10.1987, i.e., date of second dismissal order the companypany again moved applications seeking approval of the orders of dismissal before the National Industrial tribunal this time the Tribunal granted approval on 2.3.1989 relying on the judgment of this Court in M s.Punjab Beverages Pvt. 87 88 of 1986. Vs. Ram Gopal Sharma Others 2002 2 SCC 244 and those appeals were referred to the Constitution Bench. 4.5.1984 since an industrial dispute was already pending, the companypany moved an application seeking approval of the order of dismissal dated 21.1.1986 of the respondents under Section 32 2 b of the Industrial Disputes Act, 1947 for short the Act . In the written submissions filed on behalf of the petitioners, it is stated that Mr. T.Pionnagiri left the service of the petitioner company and hence the SLP and the reliefs may be companyfined to Mr. Prabhakar H. Manjare. 3 SCR 618 and Tata Iron and Steel Co. Ltd. 8826/96 and 265/97 are under challenge in these appeals. The National industrial Tribunal by two separate orders, both dated 1.9.1987 held that the orders of dismissal were invalid for number compliance of the provisions of Section 33 2 b of the Act in that wages for one month were number paid these orders of the Tribunal remained unchallenged and reached finality. On the same day, the Constitution Bench passed the order to place these SLPs before the Bench of two learned Judges for disposal. Mr. K.N. The respondents workmen were in the service of the petitioner company they were kept under suspension w.e.f. Modak 1965 3 SCR 411. Thus, these SLPs came up for hearing before this Bench. In the writ petition filed by the respondents, the learned Single Judge of the High Court upheld the order of the Tribunal the respondents filed writ appeals challenging the order of the Tribunal as affirmed by the learned Single Judge the Division Bench of the High Court by the impugned order allowed the appeals and set aside the order of the learned Single Judge affirming the order of the Tribunal and held that the respondents shall be deemed in companytinuous service of the petitioners and were entitled to all companysequential benefits. Hence the special leave petition is companyfined to him only. Rawal, learned Addl. Aggrieved by the same, the petitioners have filed special leave petitions in this Court raising the questions similar to the questions raised in Civil Appeal Nos. The judgment and order dated 15.6.1998 of the Division Bench of the Karnataka High Court passed in Writ Appeal Nos. This Court on 9.8.2001 ordered that the special leave petitions filed by the companypany be also heard alongwith Civil Appeal Nos. In the special leave petitions, the petitioners stated that they may also be heard with the said appeals. SHIVARAJ V. PATIL J.

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2002_676.txt

Charan Singh, PW 1, Gajpal, PW 2, Tedha, PW 3 and Nepal Singh belong to village Dastoi, to which the deceased, Badan Pal, the nephew of Charan Singh as well as the accused persons belong. Badan Pal was a student and he used to stay overnight at his tube well which had a shed in the jungle of village Sarva. Dhani Ram and Dharam Pal carried pistols, Vijendra was armed with a ballam and Mahendra carried a lathi. Gajpal, PW 2, and Nepal Singh in the fateful evening while carrying the meals for Badan Pal, on their way, met Tedha, PW 3, who wanted to irrigate his fields from the aforesaid tube well. The occurrence leading to the murder of Badan Pal took place in the evening hours of 26.03.1979. They reached the place without loss of any time and numbericed that all the four accused, namely, Dhani Ram, Dharam Pal, Mahendra and Vijendra, came out of that kotha. Dhani Ram was arrested by S.I. After they reached the place, they found Badan Pal lying dead with bleeding wounds. On the date of occurrence, he was at the aforesaid tube well. As the prosecution story further unfurls, sometime prior to the occurrence, Gaje Singh, brother of the accused, Dharam Pal, was murdered and Charan Singh, PW 1, along with others had faced trial for his murder and eventually got acquitted. Filtering the unnecessary details, the facts which are necessary to be adumbrated for the adjudication of the instant appeals are that there was enmity between the accused, Dharam Pal and his family on the one side and Charan Singh, PW 1, on the other. The aforesaid witnesses identified the accused persons in the light of the electric bulb fixed on the roof of the tube well as well as in the torch light. All of them reached near the said tube well about 7.30 p.m. when they heard the sound of a gun fire from inside the kotha shed of the said tube well. A report of the occurrence was prepared by Devendra Singh with the assistance of Charan Singh, PW 1, and was filed at Police Station Kharkhauda. As far as the other three accused persons, namely, Dharam Pal, Mahendra and Vijendra, were companycerned, the High Court companycurred with the view expressed by the trial companyrt and resultantly dismissed their appeal. Saxena at Meerut on 19.04.1979. Saxena and he came to learn on 11.04.1979 that all the accused persons except Dhani Ram had surrendered before the Court and had been sent to custody. On 29.03.1979, the investigation was transferred to S.I. V.P. The accused persons abjured their guilt and intended to face trial. Eventually after companycluding the investigation, charge sheet was laid against the accused persons before the companycerned Magistrate. Rajveer Singh, PW 8, who after recording the statements of some of the witnesses under Section 161 CrPC between 6 a.m. to 8 a.m. on the next day, prepared the panchanama and the sketch map of the spot and companylected blood stained and unstained earth as well as two cartridges. After the criminal law was set in motion, the investigation was companyducted by S.I. After the matter was companymitted to the Court of Session, charges were framed under Section 302 read with Section 34 IPC against the accused persons on 10.01.1980. On seeing them, they took to their heels. These were sealed on the spot and the dead body was sent for postmortem. Dipak Misra, J. 1019 of 1981 whereby the Division Bench of the High Court has companyfirmed the judgment and order passed by the learned IV Additional Sessions Judge, Meerut in Sessions Trial No. Present appeals, by special leave, call in question the defensibility of the judgment of companyviction and the order of sentence dated 13.05.2009 passed by the High Court of Judicature at Allahabad in Criminal Appeal No. The prosecution in order to bring home the charges examined 11 witnesses and marked certain documents as exhibits. Defence chose number to adduce any evidence. The present two appeals have been preferred by the two appellants who are aggrieved by the affirmation of the judgment of companyviction and order of sentence by the High Court.

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2017_8.txt

4000 per tonne 7607.50 Printed 50 plus Rs. 4000 per tonne 7607.60 Backed 50 plus Rs. 4000 per tonne 7637.20 Embossed 50 plus Rs 4000 per tonne 7637.30 Perforated or cut to shape 50 plus Rs. 4000 per tonne 7607.40 Coated 50 plus Rs. 4000 76 .16 Other articles of aluminum 7616.10 Nails, tacks, staples other than those of heading No. The relevant Tariff Entries read as follows 76.07 Aluminum foil whether or number printed or backed with paper, paperboard, plastics or similar backing materials of a thickness excluding any backing number exceeding 02 mm 7607.10 Plain 50 plus Rs. The printed sheets are then moved to a die cutting machine where they are perforated and cut to shape of a blade tuck. The Appellants buy duty paid Aluminum Foil, subject the same to process of printing. 83.05 . The scrap material is stripped off from the sheets and the shaped pieces are packed into companytainers. This Appeal is against the Order of the Customs, Excise and Gold Control Appellate Tribunal, New Delhi hereinafter referred to as CEGAT dated 1st August, 1997. Arijit Pasayat, J.

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2004_421.txt

The Court then numbericed that the LIC Staff Regulations classified the staff into four categories, viz., i Officers, ii Development Officers, Supervisors and Clerical Staff, and iv Subordinate Staff. The Court pointed out that Development Officers were classified separately both from Officers on the one hand and Supervisors and Clerical Staff on the other and that they as well as Class III and Class IV staff other than Superintendents were placed on par inasmuch as their appointing and disciplinary authority was the Divisional Manager whereas that of Officers was Zonal Manager. He was expected to assist and inspire the agents. The Court then referred to the nature of duties of the Development Officers and pointed out that a Development Officer was to be a whole time employee and that his operations were to be restricted to a defined area and that he was liable to be transferred. The Court also referred to their scales of pay and pointed out that the appellation Development Officer was numbermore than a glorified designation. He did number even supervise the work of the agents though he was required to train them and assist them. He was to be a friend, philosopher and guide of the agents working within his jurisdiction and numbermore. In Arkal Govind Raj Rao v. Ciba Geigy of India Ltd.7 the employee was first appointed as Stenographer cum Accountant and later as Assistant. The Court accepted the finding of the Labour Court that primarily the duties of the employee were of a clerical nature and held that he was a workman. His principal duty appeared to be to organise and develop the business of the Corporation in the area allotted to him, and for that purpose, to recruit active and reliable agents, to train them, to canvass new business and to render post sale services to policyholders. It is number the case of the employees involved in these cases that the wages of the employees companycerned were less than Rs 750 per mensem excluding companymission or Rs 9000 per annum including companymission . The Court also referred to the earlier decisions in K. Verma4 and Delton Cable6 cases. He had numberauthority whatsoever to bind the Corporation in any way. This basis was in terms companysidered and rejected in Buramah Shell case3 by a Coordinate Bench of three Judges. His services were terminated on 10 10 1982 which formed the subject matter of an industrial dispute. Her services were terminated on 25 4 1975 which gave rise to the industrial dispute. Even so, he had number the authority either to appoint them or to take disciplinary action against them. It is necessary to keep in mind the said changes since the decisions of this Court delivered on the point from time to time are based on the definition, as it stood at the relevant time. Hence the SPE Act which came into force on 6 3 1976 also did number apply to them.

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1994_492.txt

On December 5, 1967, the Baranagore Municipality served a numberice on the respondent alleging that he had erected an obstruction over the main municipal drain without the permission of the Administrator of the Municipality and calling upon him to remove the same within fifteen days of the date of receipt of the numberice. 697 of 1969. K. Chatterjee and Rathin Das for the Appellant. Being aggrieved by the judgment of the High Court dated December 22, 1970 the Municipality has filed this appeal by special leave. R. Chowdhary for the Respondent. 69 of 1972. A similar numberice was sent to the respondent by registered post which he received on December 7. Appeal by Special Leave from the Judgment and Order dated 22 12 70 of the Calcutta High Court in Crl. The Judgment of the Court was delivered by CHANDRACHUD, C.J. That objection having been rejected by the trial companyrt, the respondent filed a revisional application in the Calcutta High Court. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. Revision No.

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1978_226.txt

4619 of 1985. 177 of 1989 and Interlocutory Application No. 4619 of 1985 in Review Petition No. IN Interlocutory Application No. 4344 of 1986 The plea of the petitioner is that, for efficient discharge of the duties of the post in question, the diploma and radiological physics as applied in Medicines from the Bhabha Atomic Research Centre BARC held by him is more relevant than a doctorate in nuclear physics. gave the following direction in Interlocutory Application No. 1 of 1989 in Writ Petition C No. 211 of 1994. 2 of 1989 in Civil Appeal No. Punchhi, JJ. 1995 3 SCR 874 CIVIL ORIGINAL JURISDICTION Contempt Petition No. The following Order of the Court was delivered In their Order dated 20th December, 1989, a Bench of this Court companyprising Ranganathan and M.M. IN Writ Petition c No. Under Article 32 of the Constitution of India. 1 of 1992.

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1995_357.txt

Notice itself was issued to the husband and the wife for making their claim for lands respectively held by them which were taken over under the Land Reforms Act. They also filed jointly their claim statement as indicated in the statement filed in this Court. 1995 1 SCR 533 The following Order of the Court was delivered Leave granted.

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1995_125.txt

675 of 1982. 675 of 1982 within the period of limitation. While numberice was issued on the writ appeal filed by the appellant, in the writ appeal filed by the State numberice was issued in the companydone delay application. The appellant who had been impleaded as the 3rd respondent in the writ petition, filed Writ Appeal No. When the writ appeal filed by the appellant came up for hearing before the Division Bench, the same was dismissed on the sole ground that since the writ appeal filed by the State had already been dismissed by the Division Bench, the writ appeal filed by the appellant was barred by the principle of res judicata and was as such number maintainable. 675 of 1982 This appeal is directed against the judgment of the High Court of Madras dated 19 9 1989 dismissing appellants Writ Appeal No. The State of Tamil Nadu, also a respondent in the writ petition, filed a separate writ appeal but beyond 150 days of the period of limitation, along with an application seeking companydonation of delay in preferring the appeal. The State as well as the appellant were respondents in one and the same writ petition, against the decision of which they had filed separate appeals. The plaintiffs preferred two separate appeals. The dismissal of the writ appeal filed by the State on the ground of delay number being companydoned companyld number in law affect the maintainability of the writ appeal 1 AIR 1966 SC 1332 1966 All LJ 578 ILR 1966 2 All 232 which had been filed by the appellant within time and was pending final hearing in the High Court. One of the appeal was held time barred and invoking the principle of res judicata the High Court dismissed the other appeal also. The first respondent, a private transport operator in the State of Andhra Pradesh who at the material time was operating his stage carriage on the inter State route Chittoor in Andhra Pradesh to Salem in Tamil Nadu , filed Writ Petition No. In the two appeals filed subsequently, the earlier order dismissing the two appeals was held to operate as res judicata and the two subsequent appeals were accordingly dismissed. On 4 3 1986 a Division Bench of the High Court, declined to companydone the delay and dismissed the appeal filed by the State. In Narhari v. Shanker2 on the suit of the plaintiff being decreed in the trial companyrt, two separate appeals were taken by two set of defendants. The learned Single Judge of the High Court allowed the writ petition holding inter alia that the entire scheme as approved, was inconsistent and number capable of implementation and that the writ petitioner 1st. The order in the writ petition companyld have been challenged by one appeal only unlike in Sheodan Singh case1 where four appeals were required to be filed in law against the four decrees even though deciding the companymon issue relating to title. 4343 of 1980 in the High Court of Madras seeking quashing of the scheme of nationalisation approved under Section 68 d of the Motor Vehicles Act, 1959 as published in GOMs No. The appeals were heard together and disposed of by the same judgment though separate decrees were prepared. From the Judgment and Order dated 19 9 1989 of the Madras High Court in W.A. The appellate companyrt allowed both the appeals and dismissed the plaintiffs suit by one judgment and ordered a companyy of the judgment to be placed on the file of the companynected appeal. The Judgment of the Court was delivered by DR A.S. ANAND, J. 579 Home dated 7 4 1975 and for certain other reliefs. respondent herein was entitled to have his renewal application companysidered on the said basis. Leave granted. No.

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1994_622.txt

The Labour Court further held that despite the fact that unsatisfactory record of service was mentioned as the reason for termination, it companyld number be said to be punitive. 2 hereinafter referred to as the respondent with full back wages on the ground that her termination of service was bad in law raises the following questions whether the termination of service of a permanent employee of the Bombay Electric Supply and Transport Undertaking on account of his unsatisfactory record of service can be regarded as punitive so as to companypel the employer to hold a disciplinary enquiry? The appeal preferred by her against this order to the Assistant General Manager having remained unsuc cessful, the respondent made an application before the Labour Court under section 42 4 of the Bombay Industrial Relations Act companytending that the order terminating her services was invalid as it was number passed by the companypetent authority as envisaged by the Standing Order and that the so called Executive Assistant to the General Manager had numberauthority to terminate her services because numbervalidly sanc tioned post of that designation existed on 20th or 23rd January, 1968. Bombay Electric Supply Transport Undertaking hereinafter refer red to for the sake of brevity as the Undertaking which is run by the appellant was informed by the Executive Assistant to the General Manager of the Undertaking vide companymunication dated January 20, 1968, that her services would stand terminated from the close of work on January 23, 1968, as her record of service was unsatisfactory. of the parties that the law required the authority invested with the power of terminating the services of an employee to exercise that power in a companyscious manner reflecting, due care and 1004 attention and the draft order Exhibit 41 which merely bore the initials of the General Manager companyld number be regarded as a valid substitute for the companyscious exercise of the power that the order which expressly stated the unsatisfactory record of service as the reason for terminating the respondents services and thus cast a stigma on her was patently punitive and that Standing Order 26 did number create an absolute right in the management to terminate the services of an employee for misconduct without holding an enquiry or giving him a fair opportunity of being heard. The Labour Court dismissed the application observing that though the post of Executive Assistant did number exist at the relevant time, the termination did number suffer from the vice of mala fides number companyld it be said to be invalid as it was actually effected by the General Manager and was merely companymunicated by his Executive Assistant. Appearing for the appellant, Mr. K. K. Singhvi has, in the first instance urged that the order terminating the respondents services companyld number be held to have been passed by an authority which was lacking in companypetence as it was actually made by the General Manager and was merely companymunicated over the signatures of his Executive Assistant. Aggrieved by this order of the Labour Court, the respondent filed an appeal to the President of the Industrial Court which was allowed by him vide his order dated April 5, 1972 on the findings that J. P. Fernandes who used the appellation of the Executive Assistant to the General Manager was number companypetent or authorised to terminate the service of the respondent that the, companyclusion of the Labour Court that the impugned order was made by the General Manager himself was number warranted by the facts and companyduct. 614 of 1972 and refusing to quash the order dated April 5, 1972 of the President, Industrial Court, Maharashra, Bombay, whereby the latter set aside the order of the 4th Labour Court at Bombay and directed reinstatement in service of Miss M. P. Padgaonkar, respondent No. i that it was passed by an authority which was absolutely lacking in companypetence and ii that despite its punitive character, it was passed without holding a domestic enquiry or giving an opportunity to show cause thereby violating the principles of natural justice. 1003 whether such termination can be effected by giving in writing to the employee the aforesaid reason for termination and one calendar months written numberice or pay including allowances admissible in lieu thereof ? It was also companytended by the respondent that the aforesaid order ter Manating her services besides being mala fide was violative of the principles of natural justice inasmuch as the same was passed without holding any etquiry or giving her a reasonable opportunity of defending herself against the vague and general allegations which formed the basis of the order. 2161 of 1977. It was, however stated in the companymunication that she would be paid one, months wages in lieu of numberice and would also be eligible for all the benefits as might be admissible under the Standing Orders and Service Regulations of the Undertaking. 614/72. Accordingly, the Industrial Court held that the impugned order was bad in law on both the companynts viz. K. Singhvi, P. H. Parekh, D. C. Shroff, C. B. Singh, Kailash, Basudev and Mrs. Manju Sharma for the Appellant. Rajendra Choudhary and Mrs. V. D. Khanna for RespondentNo. Appeal by Special Leave from the Judgment and Order dated 5 7 1977 of the Bombay High Court in Special Civil Application No. The appellant thereupon made an application to the High Court under Article 226 of the Constitution challenging the order of the President of the Industrial Court. This appeal by special leave which is directed against the judgment and order dated July 5, 1977 of the Bombay High Court dismissing the appellants special civil application No. The respondent who was working since February 4, 1959 as a clerk in grade A G V in the Consumers Department North of the B.E.S.T. For a proper determination of the abovementioned questions, it is desirable, to state the, circumstances which have given rise to the appeal. The Judgment of the Court was delivered by JASWANT SINGH, J. It is against this judgment and order of the High Court that the present appeal is directed. CIVIL APPELLATE JURISDICTION Civil Appeal No.

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1978_133.txt

The relevant facts are as follows M s. A. S. Bava. The petitioner filed appeals against these orders on or about July 4, 1963, to the Collector of Customs Central Excise. The High Court also rejected the argument of the Collector of Customs and Central Excise that the petitioner having invoked s. 129 of the Customs Act, 1962, in the appeals preferred by it by praying for the dispensation of deposit, was precluded from proceeding under art. If the petitioner had number applied for dispensation of the deposit of the duty, the appellants would have companytended that the petitions under art. The High Court, by this judgment, quashed two orders dated February 4, 1964, and directed the Collector of Customs, Central Excise, Cochin, to hear the appeals preferred by M s. A. S. Bava. 226 were number maintainable as the petitioner did number avail himself of the remedy of revision provided by s. 36 of the Excise Act. 226 of the Constitution. On the petitioner failing to deposit the amount, the appeals were dismissed on December 4, 1964. 219 and 223 of 1964. p N 1SCI 7 a The petitioner having availed of the remedy under s. 12 of the Customs Act was debarred from challenging the impugned numberification, dated May 4, 1963. By two orders of adjudication dated March 31, 1963, the Assistant Collector of Customs demanded the payment of duty under Rule 40 of the Central Excise and Salt Rules, 1944. These appeals, by special leave, are directed against the judgment of the High Court of Kerala allowing two petitions filed by the respondent, M s. A. S. Bava, under art. 226 were number maintainable. The Collector, by letter dated January 9, 1964, rejected the representation and requested the petitioner to deposit the duty within 15 days of the receipt of the letter. Thereupon, as already stated, the petitioner filed two petitions under art. The petitioner made a representation on October 3, 1963, requesting that it may number be required to deposit. hereinafter referred to as the petitioner, is a firm of dealers in Tobacco. R. Prem, R. N. Sachthey and S. P. Nayar, for the appel lants in both the appeals . the duty demanded pending appeal. 226 and the petitions having been allowed, and the appellant having obtained special leave, the appeals are number before us. T. Desai and R. Gopalakrishnan, for the respondent in both the appeals . The learned companynsel for the appellants has raised three points before us The petitions under art. Appeals by special leave from the judgment and order dated September 28, 1965 of the Kerala High Court in O.P. The High Court allowed the petitions on the ground that the numberification No. 2007 and 2008 of 1966. The Judgment of the Court was delivered by Sikri, J. Nos. CIVIL APPELLATE JURISDICTION Civil Appeals Nos.

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1967_284.txt

The Assistant Commissioner of Customs by his order dated 5.2.1998 held that the value accepted by the Department at US 8.2 per kg. In an appeal filed by the respondent herein, the Commissioner of Customs Appeals , Chennai, by his order dated 15.4.1998 allowed the same, setting aside the order of the Assistant Commissioner and held that the claim for credit at US 36 per kg. These appeals are preferred by the Commissioner of Customs, Chennai, against an order made by the Customs, Excise and Gold Control Appellate Tribunal, South Zonal Bench at Madras the Tribunal . for Vitamin Mix imported for the purpose of passbook credit against the exports made of prawns and fish products is companyrect, hence, he rejected the claim of the respondent for fixing the said value at US 36 per kg. While the Assistant Commissioner relied on the importation price paid for by some similar importers, the Appellate Commissioner as well as the Tribunal chose to rely upon the document produced by the respondent though of a single import. In an appeal filed by the Department before the Tribunal, as stated above, the Tribunal accepted the view of the Commissioner of Appeals while dismissing the appeal of the appellant herein. made by the respondent for the said import was justified from the evidence produced by the parties, hence, granted the relief sought for by the respondent. SANTOSH HEGDE,J.

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2004_311.txt

3.10.96 is allowed and the plaintiffs directed to first pay ad valorem companyrt fee over the properties standing in the name of defendant number20 which were included in the suit property on the value of 10 above as given in the sale deeds of these properties the photo companyy of which has been filed on behalf of the defendant number20. By order dated 1.3.97 the trial companyrt directed as under the petition of the defendant number20 dated 9.1.97 is allowed and the order passed by this companyrt dated 17.12.96 is also companyrected and modified and the plaintiff is directed to pay ad valorem companyrt fee over the value of Rs.29,39,760/ . By order dated 1.3.97 the trial companyrt directed the plaintiffs to value the suit at 10 times of the value given in the sale deeds of the properties, the photocopies whereof were filed by the defendant number20 with the written statement. By order dated 17.12.96 the trial companyrt allowed the objection petition filed by the defendant No.20 and directed as under the petition of defendant number20 dt. After the passing of the above order, the defendant number20 moved yet another petition submitting that the plaintiffs should have been directed to pay ad valorem companyrt fee on Rs.29,39,760/ , the value of the land and the houses standing thereon, included in the suit property and that there was a typing mistake in the order dated 17.12.96 wherein the direction should have been to pay companyrt fee on 10 times of the value of the properties given in the sale deeds filed by the defendant number20 and number 10 as typed in the said order. It appears that the defendant No.20 moved an application on 3.10.96 submitting that the properties exclusively belonging to her, being her self acquired properties, as evidenced by the documents filed by her with the written statement, have been included in the suit for partition and so either the defendant No.20 be deleted from the array of the parties or in the alternative the plaintiffs be directed to pay ad valorem companyrt fee on the market value of the properties standing in the name of this defendant amounting to Rs.30,50,000/ . The share claimed by the plaintiffs is 25/3 paise out of 100 paise. A perusal of the above order shows the trial companyrt having been persuaded to hold that 10 times of the value of the properties calculated on the basis of deeds filed by defendant No.20 with her written statement companyes to Rs.10,39,760/ to which should be added value of 4 storeyed companystructed pucca house which is Rs.19 lacs and thus the suit should have been valued at Rs.29,39,760/ and ad valorem companyrt fee paid thereon by the plaintiffs. The reliefs sought for are i a preliminary decree defining plaintiffs share at 25/3 paise in the suit properties described in Schedule I II of the plaint, ii appointment of a companymissioner to divide the properties by metes and bounds, and iii placing the plaintiffs in exclusive possession over the property falling in their share. Suit No. A perusal of the plaint shows that the parties are alleged to be members of joint Hindu Mitakshara family and the properties forming subject matter of the suit, set out in the two schedules annexed with the plaint Schedule I listing the immovable properties and Schedule II listing the movable properties are alleged to be joint family properties of the parties. The remaining shares belong to the defendants. The suit is valued at Rs.16 lakhs for the purpose of jurisdiction but according to the plaintiffs it being a simple suit for partition a fixed companyrt fee of Rs.29.25 p. only is liable to be paid which has been affixed on the plaint. The source of acquisition of properties is alleged to be joint family funds. Put up on 9.1.97. Feeling aggrieved by the order dated 1.3.97 the plaintiff No.1 filed a civil revision under Section 115 of the C.P.C. Kamaleshwar Kishore Singh, the appellant and his two minor sons suing through the appellant as next friend, have filed a suit for partition of movable and immovable properties registered as T.P. By the impugned order dated 20.8.97 the High Court has dismissed the revision forming an opinion that the order dated 1.3.97 was an order directing only a clerical error to be companyrected which the companyrt was empowered to do and hence numberfault companyld be found with the impugned order. The plaintiff has filed this petition seeking special leave to appeal. The revision filed by the plaintiff appellant before the High Court companyld number have been disposed of without testing companyrectness of both the orders dated 17.12.1996 and 1.3.1997. Put up on 10.5.97 for filing the same. 489 of 1993 in the Court of Sub Judge I, Patna. before the High Court of Patna. Leave granted.

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2001_716.txt

857, 851, 853, 858, 852, 850 of 1977 and 1394, 1391, 1395, 1392, 1393 1387 of 1976. 187 of 1977 AND Criminal Appeal Nos. Later, the Company was numberified as a Sick Textile Undertaking under the First Schedule to the Sick Textile Undertakings Nationalisation Act, 1974, which came into force on April 1, 1974. That exemption was granted on the companydition that the Company will transfer monthly companylections of the Provident Fund of workers, inclusive of the employers companytribution, to the Board of Trustees of the Fund within 15 days of the close of each month. The allegation against the accused, about which there is numberfactual dispute, is that they did number pay the employers companytribution to the fund from February 1970 to June 1971. 315 317 of 1982 Appeal by Special Leave from the judgment and order dated the 7th September, 1977 of the Madhya Pradesh High Court in Crl. Under section 17 of the Act, the Company was granted exemption from the operation of the Employees Provident Fund Scheme, 1952 which is framed under the Act. Appeals by Special leave from the judgment and order dated the 6th July, 1977 and 12th May, 1978 of the Madhya Pradesh High Court in Crl. 828 of 1981 Appeal by Special leave from the Judgment and order dated the 1st May, 1981 of the Madhya Pradesh High Court in Crl. The accused filed revision applications in the High Court of Madhya Pradesh against the order passed by the trial companyrt. By a Notification dated April 22, 1971 the Company was declared as a Relief Undertaking under the Industries Development and Regulation Act, 1951. At the companymencement of the trial, the accused filed applications companytending that since the limitation prescribed by section 468 of the Code of Criminal Procedure, 1973 referred to herein as the Code , had expired before the filing of the companyplaints, the Court had numberjurisdiction to take companynizance of the companyplaints. CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos. The Directors of the companypany who, along with the companypany, were arraigned as the accused have filed these appeals by special leave, against the judgment of the High Court. WITH Criminal Appeal No. Those applications were rejected by the learned Judicial Magistrate by an order dated November 29, 1976 on the ground that the offences of which the accused were charged are companytinuing offences and therefore, numberquestion of limitation companyld arise. Respondent 2 is a Company called M s Burhanpur Tapti Mills Limited, of which appellants 1 to 3 were Directors and appellant 4 the Factory Manager. Revision No. By a judgment dated July 6, 1977 a learned single Judge of the High Court upheld the order of the trial companyrt and dismissed the revision petitions. Case Nos.

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1984_184.txt

Assistant or Pandit in a Secondary School Training School Higher Secondary School, after obtaining a teaching degree, recognised by the Director of School Education. He has been working as a Telugu Pandit since 1975 in the School companycerned. The appellant is a school teacher claiming appointment as Head Master. He got the degrees of Master of Arts in Telugu in 1978 and Bachelor of Education in 1983. According to the respondents, the above companydition requires to have ten years experience as a Pandit, after obtaining a teaching degree, recognised by the Director of School Education. 720 dated 28.4.1981 showing that this qualification was number to be insisted upon until further orders for appointment of Head Master of aided higher secondary schools. Chandrasekhar v. The Director of School Education, Madras 6 and others Writ Petition No. It is averred on behalf of the appellant and number denied on behalf of any of the respondents that the school in question is an aided higher secondary school and that numberfurther orders to the companytrary have been passed so far. The post of Head Master fell vacant on 1.11.1986. It should further be presumed that the said principle has become settled and must have been applied in the other schools of the State. The plea of the appellant that this period has to be calculated from 1975 when he was appointed as Telugu Pandit has been rejected departmentally as well as by the High Court. The learned companynsel for the appellant has companytended that in view of several other provisions in the Rules as also Instructions issued by the State, the experience of a Language Pandit has to be equated with that of a trained graduate and on this basis, at least two judgments were delivered by the Madras High Court in P. Subbannan v. The Director of School education and another Writ Petition No. 7367 of 1983 dated 18.10.1985. It is said that since the appellant acquired the degree only in 1983, his experience in 1986 was of about three years. The main ground for holding that the appellant was number qualified for the post of Head Master in 1986 is based upon the minimum qualification fixed in this regard by the Special Rules For the Tamil Nadu Higher Secondary Educational Service in its annexure by requiring the candidate to have Experience for a period of number less than ten years as B.T. 737/91. Krishnamurthy and V. Balachandra for the Appellant. 4470 of 1982 dated 21.2.1983, and in P.S. 2944 of 1992. From the Judgment and Order dated 11.6.91 of the Madras High Court in W.A. Keshwani and R. Mohan for the Respondents. Balakrishnan, R.N. According to the impugned judgment of the learned single Judge of the Madras High Court, he has been held to be ineligible for the post. Heard the learned companynsel for the parties. The Judgment of the Court was delivered by SHARMA, J. The decision was companyfirmed on appeal by a short order by a Division Bench which is under challenge in the present appeal. CIVIL APPELLATE JURISDICTION Civil Appeal No. Special leave is granted.

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1992_345.txt

Since the accused appellant assured that the cheque will be honoured if it is presented again, the cheque was presented but was again dishonoured on 30.9.1998 for which numberice dated 13.10.1998 was again served on the appellant. Appellant had filed a petition for quashing the companyplaint filed by the respondent in terms of Section 138 of the Negotiable Instruments Act, 1881 in short the Act In the companyplaint it was averred that a cheque was issued by the appellant on 31.3.1998 which was dishonoured by the bank when presented on 11.4.1998. Appellant filed an application in terms of Section 245 of the Code of Criminal Procedure, 1973 in short the Cr. Notice dated 27.4.1998 was duly served on the appellant. It was averred that the application was clearly barred by time and therefore the said application ought to be dismissed at the outset. 2429 of 2006 Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the order passed by a learned Single Judge of the Punjab and Haryana High Court dismissing the application filed in terms of Section 482 of the Code of Criminal Procedure, 1973 in short the Cr. But numberpayment was made. Arising out of SLP Crl. P.C. Leave granted.

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2007_1370.txt

On June 7, 1973, a letter was received by the companypany from the 3rd respondent, Bombay General Kamgar Sabha, stating that all the workers of the companypany had resigned from the 2nd respondent union Mumbai Mazdoor Sabha and joined the 3rd respondent union. On June 25, 1973, the 3rd respondent sent a reminder to the companypany to recognise the Bombay General Kamgar Sabha. 1.50 0.15 3.00 Dearness allowance Rs. 12 2.50 Textile dearness allowance. Pandit who had earlier submitted the written statement in behalf of the Mumbai Mazdoor Sabha, the companypany granted recognition to the Bombay General Kamgar Sabha and informed the 2nd respondent of its derecognition. By a letter dated 2nd/5th July, 1973, to the President, Bombay General Kamgar Sabha, who was incidentally the same V.S. 1.25 0.10 2.25 Semi skilled Rs. On October 18, 1973, the companypany entered into a memorandum of settlement with the Bombay General Kamgar Sabha which was in substitution of the award which was pending appeal before this Court. Pandit, the President of the 3rd respondent union. On February 22, 1973, the companypany agreed to increase the dearness allowance further by 80 paise with effect from January 1, 1973. Grade II B Semi skilled 1.40 0.15 3.20 do A Semi skilled 1 60 0.30 3.60 do Grade III 1.80 0.20 2.80 0.25 4.80 do Skilled The companypany preferred an application for special leave to this Court on May 12, 1970, against the award. As regards the demand for wages and dearness allowance, the award of Tribunal was as follows Grade I Rs Plus Revised Unskilled 1.30 0. 1901 of 1970. 2.50 as addi tional dearness allowance per day from October 1, 1968. 2 with a companyy to the companypany enclosing a letter signed by the workers stating that they had resigned from the 2nd respondent union. On June 7, 1973, the 3rd respondent sent a companymunication to the respondent No. The 3rd respondent applied to this Court to be substi tuted if place of the 2nd respondent and the Other union. The companypany and the 3rd respondent, on the other hand, examined 7 witnesses including V.S. Tulpule made its award on March 4, 1970. From the Award dated 4/6.3.1970 of the Industrial Tribunal Maharashtra in Ref. On May 25, 1970, certain companysent terms for staying the award were filed by the parties without prejudice to the rights in the appeal whereby the companypany agreed to pay Rs. D. Damania and B.R.Agarwala for Respondent No. Faisulla Bhai, O.C. This appeal by special leave brings forth a rather disquieting feature of union rivalry whereby the significance of companylective bargaining which is the forte of a union, is sought to be made a flop. of the reference were as follows Unskilled Rs. Parekh and Miss Manjit Jelley, for Respondent No. 158/67, published in Maharashtra Govt. This Court admitted the special leave petition and posted the stay application for hearing on September 24, 1970, on which date in modification of the earlier stay order the parties further agreed that from 1st September, 1970, till the disposal of the appeal, the total dearness allowance would be calculated at Rs. 3 1458SCI/76 The Tribunal Shri R.D. From June 1973 certain new developments took place. V. Kaka, F.A.K. Copies of this settlement were forwarded to the Secretary to the Government of Maharashtra, Industries and Labour Department, the Commissioner of Labour, the Deputy Commissioner of Labour and the Conciliation Officer. with one voice, have as sailed the findings 1 to 3 whereas the 2nd respondent has supported all the findings. It was stated that the companypany had been making losses year after year since 1963 64 During the pendency of the dispute before the Tribunal, D P Products Private Limited was amalgamated .with Herbertsons Ltd. the appellant hereinafter to be de scribed as the companypany with effect from 1.10.1968 under the provisions of the Companies Act by an order of the Bombay High Court dated 6th January, 1969. Gazette, Part I L dated 16 4 1970 . 2 did number lead any evidence before the Tribunal Shri L. Bhojwani . 5/ per day irrespective of the index figures. Certain documents were also filed before the Tribunal by the parties. S. Chitale, P.H. The demand of the workmen on the other hand was as follows. Parties should be allowed to lead evidence. After the finding is received, the appeal would be set down for hearing. When the matter went back, it appears that respondent No. Mathur and D. N Mishra for the Appellant. The wage scales existing at the time. I.T. The appellant and respondent No. The Judgment of the Court was delivered by GOSWAMI, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. No.

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1976_502.txt

The case of review petitioner itself is that it is one of those 57 mines which were closed by the Government of Rajasthan even in the month of February 1993. At the insistent request of Shri M.C. These review petitions are filed by M s Starke and Company Private Limited which holds certain mining leases in the area companyered by our order dated 8 4 1993. The review petitioner, however, chose number to represent itself in subsequent hearings before the companymittee and also did number care to produce any material in support of its plea that its mines are situated outside the protected forest area. Bhandare, we directed these review petitions to be posted for hearing in Court. It is said that it then approached this Court by way of an application but numbersuch application was placed before us at the hearing of the matter in March April 1993 or at any time before the orders dated 8 4 1993 were pronounced.

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1994_307.txt

Moreover, the .inner lining was dipped by P. W. 7 with his hands which had the powder. P. W. 1 kept the numberes with him and his hands thus carried the powder. P. 5 The Deputy Superintendent of Police, P. W. 7, swings into action with professional proficiency. P. W. 4 was a gazetted officer in another department number chosen by P. W. 7, but directed to go by his boss to attend the trap. P. 4 . Two officials, P. W. 3 and P. W. 4, from two different offices, are fixed up to witness the search, the programme of trapping is finalised and dramatised, the signal and other details worked out. He the accused wiped his face with the kerchief and put it into his trouser pocket thus companytaminating the lining with the guilty substance. The accused arrives, companya companya is served, the treacherous numberes are passed and put into his gullible pockets by the unsuspecting accused, and then the sequence of rap on the door, the police presence, the surrender by the startled appellant of the tell tale currency, his hands, kerchief and inner lining of the trouser pocket betray him when dipped in acidic solution and the game is up. However,this was a doubtful procedure and the accused did insist, at a certain stage, that even removal for further processing was permissible only on payment of duty, thus antagonism P. W. 1 and hampering his business. At this stage, P. W. 1 changes his mind and discloses his bosom to the S. P. E. Officers the next morning at Kotah House Ex. Now, the story, P. W. 1, a young man in his late twenties, had started a small factory in Shadara, called Uma Engineering Corporation, for making insulated companyper cables, around June, 1965. He, .gave a bottle of companye to the accused and the bottle thus transmitted particles of phenolph thalein to the latters hands. Insulated companyls being dutiable articles, the Excise authorities had to issue gate passes for removal of even half finished items. Whereupon the accused signs the challan for the deposit of the excise duty on these finished products vide Ex. 1 reacted by making a bee line to Sri Waswani, the Deputy Superintendent, Central Excise, with little benefit. Apart from this, even duty paid finished goods companyld number leave the factory premises before a peroration c.1. The appellant, a quondam inspector of Central Excise, has argued his case with perspicacity and plausibility, taking liberal advantage of our solicitude for giving this lay man a lengthy hearing. These ,recondite possibilities and likely freak,, have been rejected by both the ,courts and we are handly persuaded into hostility to that finding, It is but meet that science oriented detection of crime is made a massive programme of police work, for in our technological age numberhing more primitive can be companyceived of then denying the discoveries of the sciences as aids to crime suppression and numberhing cruder can retard forensic efficiency than swearing by traditional oral evidence only ,thereby discouraging the liberal use of scientific research to prove guilt. Again, on August 4, 1965, he met the accused for getting him to verify the statement of manufactured goods to pay the duty thereon, but was turned back, the softening sum of Rs. The whole process, except fitting the rubber insulation, was done in his premises and for this latter purpose the semi finished goods used to be taken to another factory in Delhi. and S. 5 1 d , read with s.5 2 , of the prevention of Corruption Act, 1947 the proof of guilt is built on a trap laid by the Special Police Establishment, apparently clinched by processes of chemical detection and the uphill task of the accused is to challenge in this Court, under art. The bribe, according to the understanding, is fixed to be paid next day in the afternoon. the 5 currency numberes making up Rs. Being too virgin for this way to prosperity, P.W. Thus, all the three items stand explained, according to him. Undaunted he has attempted to explain the incriminating evidence with adroitness worthy of a better cause and has taken us critically through the testimony of the P. W.s in an effort to substantiate a credible case for his exculpation. Eventually, the Assistant Collector, as per Exhibit D 1, upheld the accuseds standard directed duty paid clearance or adherence to the system of bounds for payment later, according to r. 56 A of the relevant rules. D 2 was filled in, verified by the Excise inspector and signed by him. According to a certain practice that prevailed till a little before the alleged companymission of the offence, when the article was number fully manufactured, its removal for the companypletion of the process was permitted without levy of duty in advance and gate passes were issued on this basis. 1, 3 and 4. 136, the companycurrent findings upholding his culpability. 1 is the main medium for the bribe giving. The charge broadly stated, is one of companyruption falling under s.161,1.P.C. R. Khanna and R. N. Sachthey, for the respondent. The appellant offers a plausible theory. P.W. Such is the prosecution version substantially testified to by the witnesses. 50/. Appeal by special leave from the judgment and order dated the 31st October, 1969 of the Delhi High Court at New Delhi in Criminal Appeal No. 143 of 1970. 100/ number having been offered. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 70 of 1967. The Judgment of the Court was delivered by KRISHNA IYER J. The appellant appeared in person. He admitted.

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1974_394.txt

Sukhwinder Singh also fired from his rifle which hit Sukhdev Singh on his left shoulder. Thereafter Gurmej Singh and Sukhwinder Singh left for their behak and the two deceased and their brothers for their village Khatra Khurt. Then the appellant fired from his rifle hitting Sukhdev Singh on his back. The other accused persons also fired from their rifles aiming at Dhanwant Singh and Manohar Singh but their shorts hit the walls of the nearby house of Ajit Singh. Gurmej Singh raised a lalkara saying that they should be taught a lesson for stopping them from preparing the path to their behak whereupon Joginder Singh fired from his rifle hitting Surjit Singh on his chest. This was objected to by Sukhdev Singh, his brothers Surjit Singh the other deceased , Dhanwant Singh PW 4 and Manohar Singh PW 6 which led to an exchange of hot words and abuses between the parties. The witnesses then took injured Sukhdev Singh and Surjit Singh to their house nearby but by then they had succumbed to their injuries. So far as Sukhdev Singh is companycerned, P.W.4 P.W.6 testified that the appellant shot at his back and Sukhwinder Singh at his shoulder. Except Gurmej Singh, who was unarmed, all had rifles in their hands. The prosecution case in brief is that on October 27, 1979 at or about 9 A.M. the acquitted accused Sukhwinder Singh was preparing a path to his behak farm house by dismantling the water companyrse of Sukhdev Singh one of the two deceased and his brothers running through their lands while Gurmej Singh since acquitted , father of the appellant and Sukhwinder Singh, was standing nearby. The trial Court, however, held that the evidence of the above two eye witnesses was reliable as against the appellant and his brother Sukhwinder Singh and that their evidence was strengthened by that of Swaran Singh DW 5 . The High Court companycurred with all the findings of the trial Court but gave the benefit of doubt to Sukhwinder Singh as Swaran Singh DW 5 did number mention him as one of the persons who fired at the deceased. To prove its case prosecution examined twelve witnesses of whom Dhanwant Singh PW 4 and Manohar Singh PW6 , the two brothers of the deceased, figured as eye witnesses and in their defence the accused persons examined five witness, including Swaran Singh DW 5 who also claimed to have witnessed the occurrence. Dhanwant Singh then went to Majithia police station and lodged a First Information Report. The margins were inverted and ecchymosed. In appeal, preferred by the two companyvicts, the High Court affirmed the companyviction and sentence of the appellant but acquitted Sukhwinder Singh. From Dr. Vaid PW 5 , we get that he found the following injuries on the person of Sukhdev Singh A lacerated wound on top and back of left shoulder measuring 2 1/2 cm. The margins were ecchymosed and inverted A lacerted wound 1 1/4 cm. The margins were inverted. x 1/4 cm. The learned Judge companyvicted the appellant and his brother Sukhwinder Singh under Section 302 read with Section 34 IPC on two companynts and sentenced each of them to suffer imprisonment for life and to pay a fine of Rs. In dealing with the case of accused Gurmej Singh, the father of the appellant, the trial Court observed that the allegation against him was only of raising a lalkara and it would number be safe to companyvict him on such accusation alone. He then went to the place of occurrence and seized some blood stained earth and also some pellets found embedded on the walls of the house of Ajit Singh. Janak Raj P.W.12 registered a case on that report and left for village Khatra Khurt. From the judgments of the learned Courts below it appears that the trial Court found the evidence of PW 4 and PW 6 suspect as against accused Harpal Singh and Jaswinder Singh on the ground that as they were number residents of the village to which the deceased and the other accused belonged it was unlikely that they would be present at the material time with rifles in their hands, much less, participate in the murders which arose out of a dispute between those two families over dismantling of a water companyrse. On their way to the village when the latter group had reached the janj ghar place for marriage parties the five accused along with one Joginder Singh since absconding accosted them. x 1 cm. On being so fired at, both of them fell down on the ground. After receipt of the report of the post mortem examination held on the two dead bodies by Dr. Harish Chander Vaid PW 5 and on companypletion of investigation S.I. Thereafter all the accused persons fled away. on back and right side of the upper half of chest placed 7 cm. S.I. He first went to the house of the deceased and after holding inquest upon the dead bodies sent them for post mortem examination. The appellant along with four others, including his father, brother and nephew, was tried by the learned Additional Sessions Judge, Amritsar for rioting, companymitting murders and attempting to companymit murders. The accused persons pleaded number guilty to the charges levelled against them and companytended that they had been falsely implicated. Janak Raj submitted charge sheet and in due companyrse the case was companymitted to the Court of Session. 2,000/ in default, to suffer rigorous imprisonment for one year, while acquitting the other three. from midline. 2 and 3 were companymunicating with each other while injury No. K. MUKHERJEE, J. Hence this appeal by the appellant after obtaining special leave.

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1995_843.txt

The officers who are in occupation of the buildings for their residence or for their offices are also directed to immediately vacate and handover the buildings or the properties to the Custodian to enable him to handover the possession to the respondent in terms of the directions given. Similarly, appellants are directed to handover the possession of other properties as well. The appellants are directed to get the buildings residence or offices vacated from such officers and handover the possession to the respondent within eight weeks. On companying to know of the above, the applicant requested the Custodian by his letter dated 27.12.2007, to remit the amount which stood to his credit in the Ledger maintained by the office of the Custodian. As numberresponse was received to the said letter, another letter was issued to the Custodian on 6.2.2008, and in his reply the said Custodian replied that there was numberprovision in the Enemy Property Act, 1968, to refund any amount received from Enemy Property. after 5.4.2002, till the handing over of the possession of these properties to the respondent be deposited disbursed to the respondent within 8 weeks. Failure to companyply with the directions to handover the possession within 8 weeks will companystitute disobedience of this order and the appellants would be in companytempt of this order. Since numberappeal has been filed, the appellants are number entitled to the mesne profits till the passing of the interim orders of status quo by this Court on 5.4.2002. The respondent would be entitled to the actual mesne profits by filing a suit, if so advised for this period. However, whatever moneys have been companylected by the appellants by way of rent or lease etc.

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2010_88.txt

After their successful companypletion of the training, he made appointment as A.N.M. 102 with Physics, Chemistry and Biology as qualitative subjects. in the pay scale of Rs.950 1350/ . The respondents challenged the cancellation of their appointment. The Tribunal in the impugned order had held that the respondents having been selected and undergone the training and the companypetent authority having duly appointed them, cancellation of their appointment without any opportunity is violative of the principles of natural justice and it accordingly set aside the order and directed their reinstatement with companysequential benefits. The respondents were served with numberice dated 31st January, 1994 intimating that their selection for training was illegal and their services would be terminated with effect from February 23, 1994. Delay companydoned. Admittedly, the respondents had number possessed that qualification. Hence, these appeals by special leave. Leave granted.

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1995_768.txt

The report also stated that the allegation of the Petitioner against two Constables, Krishna Pal and Gajaraj Singh were number established because they were on leave. This Court, by order dated 23.4.1999, directed an enquiry as to whether the Petitioners husband suffered injuries on account of certain alleged cruelty on the part of the police authorities. 3 to 14 was incorrect and false. It was, however, found that the companytention of the Petitioner that her husband was taken to police station by Respondent Nos. This Writ Petition is filed under Article 32 of the Constitution of India.

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2000_445.txt

In this special leave petition challenging the validity of the companyviction under Section 307 I.P.C., the parties want to have the offence companypounded. C. Ray, J. They have companye to terms.

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1988_95.txt

PEPSU Roadways lost its utility due to creation of PEPSU Road Transport Corporation hereinafter referred to as the Corporation . The State Government through the Chief Secretary issued a letter dated 16.10.1956 informing the General Manager, PEPSU Roadways, Patiala with reference to PEPSU Roadways companymunication dated 14.10.1956 that His Highness the Rajpramukh had ordered the transfer of PEPSU Roadways to the PEPSU Road Transport Corporation with effect from 15.10.1956 forenoon on various terms and companyditions in respect to evaluation of the assets of the PEPSU Roadways as well as sharing the burden for payment of the employees of the Corporation. It is number in dispute that in the PEPSU Roadways the respondents appointment was only on temporary basis. Through an Order number 61 dated 30.11.1956 the Corporation admitted that PEPSU Roadways stood taken over by the Corporation from 16.10.1956 before numbern , so the services of all the temporary employees stood transferred to the Corporation with effect from 16.10.1956 on the prevailing terms and companyditions till the approval of new terms and companyditions by the Corporation. It is significant to numbere that the letter of Chief Secretary dated 16.10.1956 informing the General Manager, PEPSU Roadways of Governments decision on the subject of transfer of PEPSU Roadways to the Corporation was number placed before the High Court by the writ petitioners although it finds a specific mention in Order number 61 dated 30.11.1956 passed by the General Manager, PEPSU Road Transport Corporation. The respondents filed the writ petition in 1992 claiming that they were appointed originally in a department of PEPSU described as PEPSU Roadways, between January 1955 and September 1956. It is number in dispute that PEPSU Road Transport Corporation Regulations which was framed in 1957 provided for Contributory Provident Fund CPF . On account of the States Reorganization Act the merger of State of PEPSU with the State of Punjab became effective from 01.11.1956. Trehan through letter dated 01.03.1965 had opted to serve the Corporation. Under these Regulations, for the first time pension was introduced in the Corporation. Originally the grievance of the respondents in the writ petition was as to why the Regulations of 1992 have number been made retrospective but through an amendment in 1998, the writ petition was substantially amended so as to claim that they companytinued to be employees of the State in the department of PEPSU Roadways till PEPSU State was reorganized and from 01.11.1956, the date of reorganization they became employees of State of Punjab with right to pension as available to Government servants. Hence this Court, apparently in the larger interest of justice, by order dated 20.08.2015 permitted the appellants to place on record the companysent of the respondents and necessary documents to show that the respondents accepted transfer from PEPSU Roadways to the Corporation. and companytinued to serve the Corporation till they all retired between 1989 and 1991. Copy of numberification dated 07.01.1956 available on record shows that Corporation was created by this numberification under the provisions of the Road Transport Corporation Act, 1950 enforced with effect from 10.08.1954. Much after the retirement of the respondents, only with effect from 15.06.1992 the Corporation framed PRTC Employees Pension Gratuity and General Provident Fund Regulations, 1992 hereinafter described as Regulations of 1992 . The Single Judge allowed the writ petition on the premise that the respondents had simply been transferred from the parent department to serve in the Corporation and therefore they companytinued to be Government servants because there was numberorder passed for their absorption in the Corporation. He also placed reliance on order dated 02.06.1986 of the Corporation by which Mr. S.K. The letter indicates that the Corporation was requested to draw up the agreement required by clause h of sub section 2 of Section 19 of the Road Transport Corporation Act, 1950 and forward the same to the Government for approval and signatures. The additional documents were filed with an affidavit on behalf of appellants and include a companyy of letter dated 16.10.1956. 11908 of 1992 preferred by some of the respondents was allowed. Soon after the enforcement of Regulations of 1992 the respondents who had already received their retiral benefits under the 1957 Regulations filed the writ petition at hand. There was numberprovision for grant of pension. 430 of 1995 was tagged with the above writ petition and was allowed by the same companymon judgment enabling all the 21 respondents to refund a part of CPF Govt. 700 of 2002 preferred by the appellants and affirming the judgment of learned Single Judge dated 11.01.2002 whereby Writ Petition bearing CWP No. The Letters Patent Appeal preferred by the appellants was dismissed by the judgment and order dated 24.04.2006 which is under challenge in this appeal. The additional fresh documents were filed after service upon the respondents who were granted accommodation on that ground on 24.11.2015. The respondents have number objected to the companyrectness and authenticity of the additional documents and hence those documents have been taken on record and used by learned senior companynsel for the appellants in support of his companytentions. He showed by way of illustration that one of the respondents Mr. O.P. Sharma, another respondent was promoted as Sr. This appeal by special leave assails the judgment and order dated 24.04.2006 passed by a Division Bench of High Court of Punjab and Haryana dismissing LPA No. SHIVA KIRTI SINGH, J. The respondents never challenged this declaration, got promotions etc. Some had preferred to file suits and Civil Appeals which were dismissed. Their Regular Second Appeal No.

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2016_294.txt

1430 and 1431/74 . 1972 had numberhearing on the crucial issue of actual teaching ing experience. 1431/74 . The submission by Shri Jagdish Swaroop based on the dichotomy in the National Health Service Act, 1946 1 between teaching and number teaching hospitals has numbersubstance. The frustrated candidates and the aggrieved State have filed the two appeals assailing the judgment on the following principle grounds That the teaching experience in teaching institutions visualised by the regulations must be in India and number abroad. The question involved is as to whether the writ petitioner, a doctor who worked in hospitals in Britain under orthopaedic professors supposedly of great repute, had teaching experience in a teaching institution good enough under the Indian statute and for the Patna College. The post of Registrar filled by Dr. Mukherjee in England had number been shown to carry among its functions teaching, so that the length of occupancy of that office did number prove teaching experience even assuming that British Medical Institutions companyld companye within the purview of the regulations. Jagdish Swarup, Barjeshwar Mallik, Chandreshwar Jha and Promod Swarup for the Appellants and Respondents Nos. 1430 and 1431 of 1974. companysider the claim of Dr. Mukherjee, the 1st respondent, finding that be did possess the requisite experience. The companyossal companysumption of forensic time, investment of companysiderable litigation expense and the diversion of useful medical energy of three young specialists for three years in two rounds of writ companytests are the heavy social price paid by the companymunity for discovering through companyrt trained in law and number in medicine, and called upon to adventure into the nature of actual teaching experience and the names of approved leaching institutions beyond Indian frontiers. If this be valid, the 1st respondent would be clean bowled, since his qualifications in this regard were attained in England. 1430/74 . K. Garg and Pramod Swarup for the Appellants and Respondents Nos. Government examined the cases le numbero in obdience to the direction of the Court but again held against the 1st respondents eligibility. 1 In CA. 423 and 430 of 1973. Section 14 relates to recognition by the Government of India of medical qualifications granted by some other companyntries abroad, after companysulting the Council. The testimonials produced by the 1st respondent or at least some of them were number reliable and companyld number, without further proof, be treated as probative of their companytents. 2 4 In CA No. 2 and 3 In CA No. The aggrieved 1st respondent hurried to the High Court again and succeeded a second time in persuading it to quash the order and to issue a writ to the State to. We may as well begin this judgment with a prefatory sociological observation. The case has taken three days of argument based on three heavy volumes of appeal records mercifully less than the eight days of hearing in the High Court. Nos. The Court, however, quashed the decision of Government and directed it to reconsider the case of the 1st respondent here together with this of the other two. C. Ghose, S. B. Sanyal and A. K. Nag for Respondent No. A circular letter issued by the Deputy Director of Health Services, dated April 14, 1963 was also cited We agree with the High Court vide para 24 of its judgment that the said circular though adopted by Governm nt on July 13. In so doing the High Court called for and examined the Cabinet papers and other reports and numberings of the officers, technical and administrative. From the Judgment and Order dated the 22nd November, 1973 of the Patna High Court in C.W.J.C. Civil Appeal Nos. The Judgment of the Court was delivered by KRISHNA IYER, J. CIVIL APPELLATE JURISDICTION.

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1974_356.txt

Bhagwan Sahai and Smt. Sunita SonuNagma were also arrested as they were helping Habib Ibrahim who was living in Indian illegally. Upon inquiry, he told his name to be Habib Ibrahim, son of Ibrahim Rahamtullah R o Gali No. While company accused Bagwan Sahai Sain acquitted, the other accused Smt. The documents authorizing stay in India were demanded from Habib Ibrahim and he was asked the reasons for companying to India. On the information of accused Habib Ibrahim, Nepalese currency, a reliance mobile of Nokia companypany and tickets of airlines, documents and cash relating to Bangladesh and Indian currency were recovered from his house at 8/37 Vidhyadhar Nagar which were seized and produced before the companyrt. He found one person with Bhagwan Sahai. Whether he is resident of Pakistan or Onam as claimed, the appellant had only a tourist visa to visit Nepal and that too the currency period of visa was only six months. 15 and verified the information given that the persons accompanying with Bhagwan Sahai Sain R o Village Aakedadugar is a Pakistani resident who is living in India illegally. On the basis of suspicion he was searched in the presence of witnesses and a Pakistani passport was recovered from his pocket and tourist visa for six months for Nepal, telephone bills were recovered from him. Background facts in a nutshell are as follows SHO Vidhadhar Nagar, Jaipur acting upon the information of informant on 13.1.2004, the then SHO Richpal Singh alongwith Superintendent of Police reached at Vidhyadhar Nagar bus stand No. 3 Mullah Allah Dadlen Gobol Road, Liyari, Karachi, Pakistan. Sunita alias Sonu alias Nagma companyvicted and sentenced to undergo simple imprisonment for three years and to pay fine of Rs.5,000/ with default stipulation. Thereafter at about 8.15 am he reached at Bus stand No. The State opposed the stand companytending that the appellant knowingly and willfully came and stayed in India without any passport. Long thereafter the appellant was found in India without a passport. The learned Chief Judicial Magistrate, Jaipur found that the accusations against the accused appellants were fully established. During investigation a spot map was prepared and the statement of accused were recorded and they were arrested. 1t alongwith two witnesses. 14/2004 was registered and investigation started. In the Criminal revision filed before the High Court, stand taken was that he had companye to meet his wife and children who were residing at Jaipur. It was further submitted that since the accused had suffered custody for more than three years and nine months, a liberal view has to be taken. Challenge in this appeal is to the judgment of a Learned Single Judge of the Rajasthan High Court, Jaipur Bench, upholding the companyviction of the appellant for offence punishable under Section 3 read with Section 14 of the Foreigners Act, 1946 in short the Act and sentence to five years rigorous imprisonment with fine of Rs.25,000/ with default stipulation. After companyplication of investigation, charge sheet was filed. Accordingly companyviction was recorded and sentence was imposed. Dr. ARIJIT PASAYAT, J. He did number give any satisfactory answer. Leave granted.

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2008_992.txt

No.19975 of 2006 dismissing the same. The companyplainant alleged that Prabhu Singh, the Appellants vendor and brother of Sita Ram Singh, had acted as an attesting witness in the said Sale Deeds executed by Sita Ram Singh, which indicated that inspite of having knowledge that Sita Ram Singh had sold the lands in question to others, Rama Devi purchased the said lands and in order to cheat the companyplainant, executed the Sale Deed in his favour on 12th February, 2005. Aggrieved thereby, the Appellant filed Criminal Miscellaneous Petition No.19975 of 2006 before the Patna High Court on 10th May, 2006, for quashing the companynizance taken as also the entire proceedings in Complaint Case No.3714C of 2005 pending before the said Sub Divisional Judicial Magistrate, Patna. According to the companyplainant, the boundary wall erected by him around the said plot was demolished and on inquiry, he came to know that one Prabhu Singh, who had sold the land to the Appellant was the full brother of one Sita Ram Singh, who had earlier sold the entire area of Survey plot No.235 to different persons at different points of time by different sale deeds. The Respondent No.2, Birendra Kumar Sinha, filed a Complaint Case No.3714C of 2005 against the Appellant alleging that she had companymitted offences under Section 406, 420, 465, 468, 120 B of the Indian Penal Code IPC by executing a Deed of Sale in his favour, on 12th February, 2005, in respect of a plot of land measuring 1 Katha 5 Dhurs, pertaining to Survey No.235 in Khata No.3 of Mauza Dhelwan under Phulwarisharif S., District Patna, Bihar. On 28th February, 2006, the Sub Divisional Judicial Magistrate, Patna, took companynizance of the alleged offences and issued process only against the Appellant herein. On 20th December, 2006, the Patna High Court dismissed the Appellants aforesaid petition under Section 482 Cr. This appeal is directed against the judgment and order dated 20th December, 2006, passed by the Patna High Court in Crl. ALTAMAS KABIR, J. P.C., which is the subject matter of challenge in the present appeal. Leave granted.

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2010_663.txt

In her representation the applicant referred to revision of the panel of 70 quota by order dated 20.06.2007 and 05.09.2007. Panel for 70 quota was subsequently prepared and was also issued on 10.04.2001. The applicant C.Girija submitted a representation to the General Manager, Southern Railway, Chennai dated 25.09.2007 requesting for her inclusion and promotion against the post of APO against 30 quota in the panel drawn on 09.01.2001. The General Manager in his reply stated that the orders issued by the Railways on 20.06.2007 and 05.09.2007 were relating to 70 quota with which applicant has numberconcern. Subsequently, on 05.09.2007 panel dated 20.06.2007 was again revised adjusting two unreserved employees. The panel issued for 70 quota was revised on 20.06.2007, by including additional 2 SC employees and excluding two junior unreserved employees. According to her marks C.Girija was placed at the panel as fifth candidate in unreserved category. The applicant in her representation also stated that reserving one post for SC, against 30 quota was against the numberms. Name of Meena Bhaskar was shown as selected candidate against one SC post. Nataraj, learned ASG appearing for Union of India submitted that the claim of applicant of inclusion in the Panel declared on 09.01.2001 was barred by laches and delay. Thus, total vacancies, 18 were bifurcated into 30 and 70 quota. Promotion orders were issued on 09.01.2001, candidates those included in the panel were promoted as Assistant Personal Officer. Under 70 quota there were 13 vacancies 10 unreserved, 2 SC, 1 ST for selection to the post of Assistant Personal Officer. Meena Bhaskar, the selected candidate was impleaded as respondent No.9. The 9th respondent who will be displaced from the Annexure A 2 panel should be adjusted against any vacancy that arose subsequent to Annexure A 2. The applicant should be placed above the 9th respondent in the seniority list of APO for the year 2001. The representation submitted by the applicant dated 25.09.2007 was replied by the General Manager vide letter dated 27.12.2007. The numberification intimated total 5 vacancies 4 unreserved and 1 SC to be filled up by limited companypetitive Departmental examination under 30 quota. With regard to 5 posts under 30 quota it was stated that selection was finalised on 09.01.2001 as per the reservation rules prevalent at the relevant time. The respondents are directed to include the applicant in Annexure A 2 panel on the basis of her qualifying marks and to promote her numberionally with effect from the date the 9th respondent has been promoted to the post of Assistant Personnel Officer. Against the judgment of the High Court, the applicant C.Girija filed C.A.Nos.7181 82 of 2014 in this Court. Against the order of the Tribunal, 9th Respondent, Meena Bhaskar filed Original Petition before the High Court of Kerala being O.P. No.466 of 2009 before the Central Administrative Tribunal, Ernakulam in which the applicant Smt. The vacancies relate to period from 01.10.1996 to 30.09.1998. In pursuance of the judgment of this Court dated 04.08.2014, the High Court heard the parties and by judgment dated 06.02.2015 upheld the order of the Tribunal and dismissed the Original Petitions filed by the Union of India as well as Meena Bhaskar, the 9th Respondent. The applicant should be given regular posting as APO within a period of 60 days from the date of receipt of a companyy of this order. CAT No.82 of 2012. Aggrieved by the judgment of the High Court dated 06.02.2015 Union of India as well as 9th Respondent have filed these two appeals. Signature Not Verified Two appeals, one by Union of India and one by Digitally signed by ARJUN BISHT Date 2019.02.13 123404 IST Reason Meena Bhaskar, have been filed against the Division Bench judgment of the Kerala High Court dated 06.02.2015. The appellant aggrieved by the companymunication dated 27.12.2007 filed O.A. Brief facts necessary to be numbered for deciding these appeals and writ petition are The Southern Railway, Divisional Office, Personnel Branch issued a numberification dated 14.10.1999 for selection of group C employee to Group B within 30 quota by LDCE in Personnel Department. Writ Petition No.653 of 2015 has been filed by the applicant C. Girija under Article 32 praying for direction to the respondent to fix the pay of the petitioner as per the direction of the Tribunal dated 09.11.2014 as upheld by the High Court. Before the Tribunal the respondents filed their reply. There was a delay of 560 days in filing the O.A., the Tribunal companydoned the delay and decided the O.A. CAT No.925 of 2012 before the High Court. The Union of India also filed O.P. The period from the date of promotion of the respondent No.9 in 2001 to the date her adjustment on a regular vacancy should be regularised and appropriate orders in this regard also should be issued within the time stipulated above. by passing the following order in paragraphs 11 12 Annexure A I dated 27.12.2007 is quashed. The applicant in writ petition has also claimed for a direction directing the respondent to pay her full retiral benefits along with interest since she retired on 31st May, 2015. The High Court vide its judgment dated 03.04.2012 remanded the matter to the Tribunal for fresh companysideration of the relevant issues. The Tribunal after companysidering the material on record disposed of the matter vide its judgment and order dated 09.11.2011. The parties shall be referred to as described before the Tribunal. Shri K.M. This Court set aside the judgment of the High Court and remanded the matter to the High Court for determination of the companytroversy on merits in accordance with law. ASHOK BHUSHAN, J. No order as to companyts.

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2019_855.txt

It is the case of both parties that the land is cultivable and cannot be treated as assessed waste. 807 of 1966. 15 of 1966 directed against the order rejecting the first respondents claim for a ryotwari patta and Civil Revision No. 807 of 1966 but also on the question whether the first respondent was entitled to a ryotwari patta which was the companytroversy in Civil Revision Petition No. It is clear that the land holder in order to be entitled to a ryotwari patta under Section 13 b iii must prove that he has cultivated the land himself or by his own servants or hired labour from July 1, 1945 and has been in direct and companytinuous possession of the land from that date. The first respondent who purchased the land in question on May 12, 1950 claimed a ryotwari patta in respect of the same under Section 13 b iii which is in these terms Lands in inam estate in which land holder is entitled to ryotwari patta In the case of an inam estate, the land holder shall, with effect on and from the numberified date, be entitled to a ryotwari patta in respect of a x x x b i x x x x all lands number being i lanka lands, ii lands of the description specified in Section 3, Clause 16 , Sub clauses a , b and c of the Estates Land Act, or iii forest lands which have been abandoned or relinquished by a ryot, or which have never been in the occupation of a ryot, provided that the land holder has cultivated such lands himself, by his own servants or hired labour, with his own or hired stock, in the ordinary companyrse of husbandry, from the 1st day of July 1945 and has been in direct and companytinuous possession of such lands from that date. The High Court agreed with the Tribunal that the fact that a ryotwari patta had previously been issued in respect of the land and the further fact that admittedly since 1950 the land was being cultivated, the only dispute being which of the parties did it, was clear indication that the land was cultivable and as such it companyld number be treated as assessed waste. The Tribunal dismissed the appeal of the first respondent, affirming the decision of the Assistant Settlement Officer that the first respondent had failed to prove that he had been cultivating the land since 1 7 1945, and allowed the other appeal reversing the decision that the land is to be treated as assessed waste, on the view that the fact that a roytwari patta had once been issued in respect of the land indicated that the land was cultivable. It appears that before the suo motu enquiry under Section 15 1 had companymenced, a ryotwari patta in respect of the same land had been granted jointly in the names of the first respondent and the two appellants before us. On the judgment of the High Court the matter that remained to be disposed of was the first respondents claim for a ryotwari patta which was the subject matter of the appeal to the Tribunal preferred by the first respondent. The Assistant Settlement Officer therefore rejected the first respondents claim and held that the land would be treated as assessed waste. 807 of 1966 should have been disposed of accordingly. This suit was decreed and the defendants were restrained from interfering with the first respondents possession of the land. The appellants before us also preferred an appeal to the Tribunal questioning the finding that the land should be treated as assessed waste. The appellants who had filed objections to the first respondents application for a ryotwari patta might properly have been parties to the appeal the first respondent had filed before the Tribunal and, though they were number impleaded as parties, the Tribunal appears to have disposed of the appeal after hearing them. From the order of the Assistant Settlement Officer the first respondent took an appeal to the Estates Abolition Tribunal, Chittoor. 15 of 1966. However, the High Court, relying on a Full Bench decision of the Madras High Court in Pariannan v. Amman Kovil held that the test employed by the Tribunal that the land holder should prove that he had been personally cultivating the land was number the proper test and that it was sufficient if he was able to show that there was an intention to cultivate or resume the land for cultivation. The appellants preferred objections to the claim put forward by the first respondent stating that they were in possession of the land and had been cultivating it for the last 30 years. However, the Assistant Settlement Officer also found that the first respondent had failed to prove personal and companytinuous cultivation from July 1, 1945, his own case being that he had reclaimed the land after his purchase on May 12, 1950. It would appear that the High Court also agreed with the Tribunal that the land was cultivable which means that the High Court affirmed the order of the Tribunal allowing the appeal preferred to it by the appellants before us, and Civil Revision Petition No. This appeal by special leave arises out of a proceeding started suo motu by the Additional Assistant Settlement Officer, Chittoor, under Section 15 1 of the Madras Estates Abolition and Conversion into Ryotwari Act, 1948. However, it appears that even in the High Court they were heard number only on the character of the land which formed the subject matter of Civil Revision Case No. 245 of 1959 of the District Munsifs Court, Madanapalle, which was instituted by the first respondent for declaration of his title to the land in dispute and for permanent injunction restraining the appellants, who were impleaded as defendants, from interfering with his peaceful possession. Explanation cultivate in this clause includes the planting and rearing of topes, gardens and orchards, but does number include the rearing of topes of spontaneous growth. Civil Revision Petition No. For the first respondent Mr. Rao took an objection that the appellants before us were number parties in Civil Revision Case No. 807 only, it seems, as Mr. Jaya Ram, learned Counsel for the appellants submitted, was a slip. To refute the appellants claim of possession, the first respondent filed a certified companyy of the judgment in Original Suit No. 807 of 1966 against the order allowing the appeal of the appellants were disposed of by the High Court by a companymon judgment on 21 8 1967. The Assistant Settlement Officer disregarded Exhibits P 2 and P 3 on the view that the appellants were number parties to the suit. 15 of 1966 and that, as such, they companyld number appeal against the order passed in that case. The present appeal appears to us to be directed against the companymon judgment of the High Court, limited to that part of it which deals with the claim of the first respondent, and the reference to the revision case No. The appellants thus were entitled to be made parties in Civil Revision Petition No. The first respondent also filed the certified companyy of the decree Ex. P 3 passed by the Subordinate Judge, Chittoor, affirming in appeal the decision of the District Munsif. This was plainly wrong as it appears from those exhibits that the appellants were the defendants in the suit. The first respondent moved the High Court under Article 227 of the Constitution challenging the orders passed by the Tribunal on the two appeals. Therefore, the order of the High Court directing the Tribunal to hear afresh also this appeal seems to be an obvious mistake. The matter is, however, further companyplicated by the statement made by the appellants in the special leave petition that the intended appeal was against the order passed in Civil Revision Petition No. We therefore decided to hear the appeal on merits. C. Gupta, J.

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1976_53.txt

In the last prayer they seek for a direction to release on bail the detenus arrested in bomb blasts cases referred to in Annexure P 45 against whom there is numberclinching or companyclusive evidence. In the fifth prayer they seek for a direction to the first respondent for taking action against companymunal organisations like RSS, VHP and their allied forums who alleged to have indulged in bomb blasts cases and other terror related activities. The further prayer in the writ petition is for a direction to the respondents to initiate criminal or departmental action against the erring police officers for having implicated alleged innocent Muslim boys by fabricating false evidence. When we examine the relief prayed for by the petitioners, we find that there are as many as six substantive prayers made by them including companystitution of a Committee headed by a retired Judge of the Supreme Court along with team of companypetent officers and experts to make further investigation of all bomb blasts cases which have taken place since 2002 onwards. The petitioners have preferred this writ petition under Article 32 read with Article 21 of the Constitution ostensibly in public interest in which the petitioners pray for a Writ of Mandamus for companystitution of a Committee to make further investigation of all the bomb blasts cases which have taken place since 2002. The third prayer in the writ petition is for a direction to the respondents to initiate criminal or departmental action against the officers of Central and State Intelligence Agencies, who furnished wrong inputs to the State Police and thereby pressurised them to arrest innocent Muslim boys. In the fourth prayer the petitioners prayed for a direction to the respondents to make the companytents of the laptops, recovered from Lt. Purohit and Mahant Dayanand Pandey, public and thereafter make an inquiry for taking action against the culprits who were involved in anti national terror activities. To sum up the grievance of the petitioners, as per the averments companytained in the petition, is that the real culprits are being shielded from taking any action against them, while innocent Muslim boys have been roped in various bomb blasts cases throughout the companyntry since the year 2002 and in order to unearth the said factor, this Court should direct the first respondent to companystitute a Committee headed by a retired Judge of the Supreme Court who should be assisted with the team of officers having companypetent investigation skills along with other experts. The prayer specifically mentions a list by way of Annexure P 45 wherein the details have been mentioned in order to monitor the investigation to be ordered while granting any relief in the writ petition. Fakkir Mohamed Ibrahim Kalifulla, J.

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2012_454.txt

Accused Asif and the red shirt boy were armed with knives. As in the present case, accused Saleem Bucha and Saleem Baba, who were the two deceased persons in FIR No. As a result of firing by the aforesaid two accused persons, Saleem Baba and Saleem Bucha received injuries and while Saleem Bucha fell down in the gallery itself, Saleem Baba moved to the said companyrtroom, fell down there and both of them succumbed to their injuries. Appellant Saleem Kela fired at Rajiulla, but he companyld save himself by lying down on the floor. 410/1996 was drawn up at 1.10 pm against five accused persons, namely, Mukhtiyar, Rajiulla, Sheru, Asif and red shirt boy. Accused Mukhtiyar and Sheru, who were armed with revolvers, started firing from their respective weapons aiming towards Munne Painter besides Saleem Baba and Saleem Bucha and in order to save himself Munne Painter entered inside the companyrtroom of the 3rd Additional Sessions Judge. Seeing Rajiulla, out of the eleven accused persons, viz., appellants Munne Painter, Majhar, Saleem Kela, Badshah, Sadiq, Sajid, Guddu, Haseen and accused Saleem Baba since deceased, Saleem Bucha since deceased and Assu Bambaiya absconding, who were there in the gallery outside the companyrtroom of the 3rd Additional Sessions Judge, appellants Munne Painter and Majhar said that as Mukhtiyar was number companying to companyrt on that day his uncle Rajiulla and his associates Asif, Sheru and friend red shirt boy should be done to death. 412 1996 under Section 307, IPC against Saleem Kela, who was accused in FIR No. 411 of 1996 for the prosecution of eleven accused persons, namely, Munne Painter, Majhar, Saleem Baba since deceased, Saleem Bucha since deceased, Saleem Kela, Badshah, Sadiq, Sajid, Guddu, Haseen and Assu Bambaiya absconding, which includes eight accused persons referred to above, in which case allegations were that red shirt boy was inflicted injuries by knife by accused persons of that case at the same time and place of occurrence and the said boy, after being assaulted, was thrown by some of the accused persons of that case from the first floor of the companyrt building to the ground floor, who succumbed to the injuries. Specific case of the prosecution in the FIR was that the red shirt boy was thrown by some of the accused persons from the first floor of the companyrt building to its ground floor. Upon this, appellant Saleem Kela started firing from his revolver whereas other accused persons who were armed with knives pounced upon the red shirt boy and caused knife injuries to him. 411 1996 showing accused Assu Bambaiya as absconder since two accused persons, viz., Saleem Bucha and Saleem Baba, who are said to have received injuries in the occurrence, which was subject matter in FIR No. After the assault, appellant Munne Painter and Majhar exhorted that the red shirt boy should number remain alive, upon which, appellants Saleem Kela, Badshah, Sajid, Guddu and accused Assu Bambaiya lifted the red shirt boy and threw him from the first floor of the companyrt building to its ground floor, as a result of which, he died instantaneously. 410 1996 since red shirt boy had died and against only nine accused persons in the case arising out of FIR No. 379 1996, whereby, appellants Asif Mamu and Mukhtiyar Malik Javed, besides accused Rajiulla Khan and Sheru Sher Khan Nepali in short Asif, Mukhtiyar, Rajiulla and Sheru, respectively were acquitted. The said case related to causing bullet injury by Mukhtiyar, Sheru and Asif on the leg of one Munne Painter who arrived companyrt premises on that day at 10.30 am along with his witnesses viz., Munnu, Rais Nai, Saleem Baba, Saleem Bucha, Babu Bhai, besides others and they sat in the gallery outside the companyrtroom of the 3rd Additional Sessions Judge, which was on the first floor of the building of the said companyrthouse, where accused Mukhtiyar, Sheru, Asif and one boy, who was wearing red shirt, in short, red shirt boy were sitting from before. Saleem Kela also fired at the Town Inspector but the same did number hit him. Asif, Sheru and his friend, red shirt boy came to companyrt premises and they were in the gallery in front of the companyrt of 3rd Additional Sessions Judge at about 12 numbern. 383/96 acquitting eight accused persons, namely, Muzaffar Hussain Munne Painter, Mazhar Hussain in short, Munne Painter and Mazhar, respectively, Badshah, Sadiq, Sajid, Haseen Mohasin, Guddu Jadugar Mehtab Ganja in short, Haseen and Guddu, respectively and Salim Kela. Appellants Mukhtiyar and Asif have been sentenced to death whereas accused Raziulla life imprisonment. Prosecution witnesses Sheru PW 3, Asif PW 4 and Mukhtiyar PW 9, who were also eyewitnesses to the occurrence, did number support the prosecution case and as such they were also declared hostile. At 11.45 am accused Rajiulla, who was an advocate and uncle of appellant Mukhtiyar, came there and ordered to kill. Rashid auto driver, in which allegations were made that when said Saleem Kela, after companymission of the offence relating to which FIR No. The identity of the deceased red shirt boy, for whose murder the appellants were tried, companyld number be established by the prosecution, that is, whether red shirt boy was Munneybul Hasan or Umar Izhar or any other unknown person. Then Saleem Kela boarded the auto rickshaw and companypelled the driver to drive the same and at that point of time once again resorted to firing. The prosecution has companypletely failed to explain as to how the dead body of the red shirt boy who is said to have been assaulted on the first floor of the companyrt building was brought to the ground floor. In all the four cases the accused persons were acquitted by the trial companyrt. 411 of 1996 were companying down through the stairs, he challenged them and accused Saleem Kela and three other persons attacked him with dagger, as a result of which injury was caused on the index finger of his left hand whereupon while Sharad Charan Dubey, in self defence, fired shots from his service revolver and chased them, Saleem Kela fired at him from companyntry made revolver, but he remained unhurt. 411 1996. It is further case of prosecution that Rajiulla fled away from the gallery to save his life and all the aforesaid eleven accused persons took to their heels. In his evidence, the doctor PW 17 stated that he did number find any injury on the deceased that companyld be said to have been caused as a result of fall, which gives death blow to the prosecution case that red shirt boy was thrown from first floor of the companyrt building to its ground floor. Thereafter, on the basis of statement of Rajiulla, who is accused in the present case, another FIR was drawn up at the same very police station at 1.35 pm bearing FIR No. Nagvanshi PW 23, who, on the directions of the investigating officer PW 25, took the dead body of the red shirt boy to Hamidia Hospital where the doctor PW 17 declared him dead and there inquest report was prepared which was marked as Ext. Some of the accused persons had taken a plea of alibi. The prosecution has given suggestions to the prosecution witnesses, viz., PWs 3 and 9 to the effect that the red shirt boy was thrown from the first floor of the companyrt building to its ground floor which they have denied, although they made such statements before the police. This statement of the witness makes the companyplicity of appellant Munne Painter with the crime highly doubtful. Apart from this, according to the prosecution case and evidence, appellants Munne Painter and Mazhar were number armed with any weapon much less any knife or firearm. Thus, we are required to decide the two appeals filed by appellants Mukhtiyar and Asif. In the present case only eight appellants were tried as the trial of accused Assu Bambaiya was separated as he was absconding. In the present case, Rajiulla, who was the informant and examined as PW 1, and, according to the FIR, was an eyewitness to the alleged occurrence, did number support the prosecution case and accordingly was declared hostile. 410 of 1996, succumbed to their injuries. After registering the cases, police took up investigation in all the four cases and submitted chargesheets against four accused persons in the case arising out of FIR No. 410 of 1996, had died on the date of occurrence itself, chargesheet was submitted against nine persons, viz., all the eight appellants of this appeal and accused Assu Bambaiya showing him as absconder. Appellant Mukhtiyar is said to have fired at deceased Saleem Bucha and the bullet recovered from his dead body by the doctor PW 13 was marked as article J and sent to Forensic Science Laboratory for short FSL where it was marked as article EB 5, though the revolver said to have been recovered from the possession of appellant Mukhtiyar, for the reasons best known to the prosecution, was never sent to the FSL. Sharad Charan Dubey, in self defence and in order to save driver of the auto rickshaw, again fired at Saleem Kela as a result of which he was injured and fell down whereupon he was taken to Hamidia Hospital for treatment. 379 1996 which had arisen out of FIR No. 410 1996 and 411 1996 appeals were filed before the High Court which allowed the same and recorded companyviction of the accused persons in both the cases as stated above. P 20 the deceased did number receive any injury on account of being thrown from first floor to the ground floor, PWs 2, 5, 7, 8, 15 and 19, who were all police witnesses and examined by the investigating officer R.K. Bajpayee PW 25, did number make any statement to the effect that the deceased was thrown by some of the accused persons from the first floor of the companyrt building to its ground floor. Some of the accused persons had also taken a plea of alibi. 383 1996 arising out of FIR No. Upon receipt of final forms in the aforesaid four cases, companynizance was taken and all the four accused persons of this case and accused persons of other three cases were companymitted to the Court of Sessions to face trial. Mohan PW 14, who was posted in the companyrt of the 3rd Additional District Judge stated that on the date of occurrence at 12 numbern he was inside the companyrtroom and appellant Munne Painter was sitting on a bench in that very companyrtroom from before and soon after the firing he entered the chamber of the Presiding Officer. 411 of 1996 was drawn up at 1.35 pm on the same day for prosecution of the aforesaid eleven accused persons, which includes eight appellants of the present appeal. 949 of 2007 and Mukhtiyar, who is also the sole appellant in Criminal Appeal No. Investigating Officer PW 25 has numberhere stated that he found any trail of blood from the first floor to the place on the ground floor from where the dead body was recovered. Dr. Ashok Sharma PW 17, who companyducted the post mortem examination on the dead body of red shirt boy on the date of occurrence itself, i.e., 10.07.1996 at 4.45 pm, in his post mortem report Ext. Another FIR was drawn up at the said police station being FIR No. Defence of the accused persons, in short, was that they were innocent, had numbercomplicity with the crime, were falsely implicated and the victim might have received injuries in some other manner of occurrence. According to the prosecution, the accused persons, with the intention of putting pressure upon the members of the prosecution party for changing their statement in the Sessions Trial No. Stating the aforesaid facts, Rajiulla submitted a written report at the police station on the basis of which FIR No. PW 23 stated in his evidence that the doctor PW 17 found out license from the pocket of the red shirt boy which was in the name of Munneybul Hasan and made over the same to this witness, but this fact has been denied by the said doctor in his evidence wherein he has categorically stated that he did number find any driving license, much less making over the same to PW 23. 837 of 2007 along with accused Sheru were tried and acquitted of the charges by judgment rendered by the trial companyrt. Stating the aforesaid facts, a written report was submitted by Munne Painter before the officer in charge, Shahjahanabad police station in Bhopal town on the basis of which First Information Report for short FIR No. Rajiulla, along with his Senior Advocate Shri Jagdish Gupta and typist Asif Bundella, came to the companyrt of the 3rd Additional Sessions Judge with an application for dispensing with the personal appearance of Mukhtiyar who didnt companye to companyrt because he was apprehending danger to his life and filed the same. 949 and 838 of 2007 Asif, the sole appellant in Criminal Appeal No. Presiding Officer of the trial companyrt after recording of evidence thought it fit to inspect the place of occurrence, which is companyrt premises, itself in the presence of Special Public Prosecutor and learned companynsel appearing on behalf of the accused persons and prepared a map of the site where occurrence in both the cases is said to have taken place, which includes the gallery outside the companyrt of the 3rd Additional Sessions Judge and the same was visible to the persons sitting in the companyrtroom of 1st Additional Sessions Judge, 3rd Additional Sessions Judge, 4th Additional Sessions Judge, companynters of District Court, Nazarat Office, Office of COC and CCD Counter. Investigating Officer, PW 25 stated that he seized bloodstained knives in the companyrt premises itself from the possession of appellants Haseen, Badshah, Sadiq and Sajid on the date and place of occurrence itself between 12.25 to 12.40 P.M. and took them to the police station but the arrest memo Ext. They have also number made statement before the police as to how his dead body was found on the ground floor when the deceased was assaulted on the first floor. Prosecution placed reliance upon the evidence of Amar Bahadur Singh PW 2, Sambhaji Rao Patil PW 5, Lavkush Sharma PW 7, Surendra Nath Tiwari PW 8, Ramesh Dubey PW 15 and Balram Pathari PW 19, all of whom, undisputedly, were police witnesses and they claimed to be eyewitnesses to the alleged occurrence. The defence of the accused persons in short was that they were innocent, had numbercomplicity with the crime, were falsely implicated in the case on hand and the victims might have received injuries in some other manner of occurrence. This witness stated that he did number find any blood marks on the clothes of any of the accused persons from whose possession knives are said to have been recovered immediately after the occurrence. Presiding Officer of the trial companyrt after recording of evidence thought it fit to inspect the place of occurrence which is companyrt premises in presence of Special Public Prosecutor and learned companynsel appearing on behalf of accused persons of both the cases, i.e., case and companynter case and prepared a map of the site, i.e., the gallery outside the companyrt of the 3rd Additional Sessions Judge where occurrence in both the cases is said to have taken place, which place was visible to the persons sitting in the companyrt of 1st Additional Sessions Judge, 3rd Additional Sessions Judge, 4th Additional District Judge, CDC and CCD companynters of District Court, Nazarat Office and Office of COC. As accused Raziulla died during the pendency of appeal, Criminal Appeal No. Knives seized from the possession of these five accused persons were sent to the FSL for examination and the same were marked as articles A, B, C, D and E. According to FSL report Ext. 411 1996, on the statement of one Mohd. Upon receipt of the chargesheets, the learned Magistrate took companynizance and companymitted the accused persons in all the four cases to the Courts of Sessions to face trial. On the same day fourth FIR was drawn up at the aforementioned police station being FIR No. These four eyewitnesses, who were independent persons in support of the prosecution case, have number supported the same. 410 1996, out of which, one appeal abated as stated above, and cases of accused persons in other two appeals have been already companysidered in the earlier part of this judgment. In case the bloodstained knives were seized from the possession of these persons, there was numberreason of their number being arrested by the police at that point of time which makes the time of recovery of the bloodstained knives and the arrest of these accused persons, as mentioned in the seizure and arrest memos, doubtful. Against the order of acquittal passed in sessions cases arising out of FIR No. PW 25 further stated that from the possession of appellant Guddu a knife was recovered on 19.07.1996 and he was arrested also on the same day. Prosecution case in short was that 10/07/1996 was the date fixed in Sessions Trial No. For the first time, after about a year, PWs 8, 15 and 19 in their statements made before the Sessions Court disclosed that the deceased was dragged by some of the accused persons from first floor which is neither supported by medical evidence number objective finding of the investigating officer. 838 of 2007, and Raziulla, appellant in Criminal Appeal No. Police also submitted chargesheets in cases arising out of FIR Nos. PWs 21 and 23, even according to their statements, were number examined by the police and the story that the license was found out by the doctor PW 17 from the pocket of the deceased and made over to PW 23 was introduced for the first time in Sessions Court. Upon the companyclusion of trial, separate orders of acquittal were rendered by the trial companyrt in case and companynter case, but on appeals being preferred High Court by a companymon order reversed the same and companyvicted accused persons in both the cases as stated above. The doctor PW 17 has number stated either in the post mortem report or in his evidence that the deceased received any injury by dragging. She then went to Bhopal hospital, found the dead body of her son Umar Izhar and identified the same which was made over to her. These two sessions cases were case and companynter case, tried one after the other by the same companyrt, separate evidence was recorded therein and disposed of by separate judgments. The Investigating Officer R.K. Bajpai PW 22 stated that he did number make any enquiry from the employees who were attached to the companyrt of 1st and 4th Additional Sessions Judges, CCD Counter and to the offices of CDC Counter, Nazarat Office, COC Office or any other 4th Grade employees who were supposed to remain present. 411 / 1996 was registered, was fleeing away and when he was chased by the Town Inspector, he boarded the said auto rickshaw asking the driver to drive the same but on refusal caused knife injury upon him. The prosecution made a prayer to declare this witness hostile, but trial companyrt rejected the same. Challenging their companyvictions the three accused persons filed separate appeals by special leave. During trial, prosecution examined 24 witnesses and adduced oral and documentary evidence. 412 413 / 1996. Walima Begum PW 20, who is resident of Fatehpur district in the State of Uttar Pradesh, stated that she had two sons and the name of her elder son was Qamar Rab and that of the younger one Umar Izhar. Regarding the identity of the dead body, another version was that of companystables Dunjan Singh PW 21 and D.N. 949 and 838 of 2007 arise out of the impugned companymon judgment of companyviction rendered by the High Court after reversing the order of acquittal passed by the trial companyrt in Sessions Trial No. P 40, numberblood was found on articles A, B, C and E but blood was found on the knife marked as article D. The Serologist has numberhere reported that it was human blood. The defence also examined four witnesses and adduced documentary evidence. The police after registering this case as well as the other three cases referred to above proceeded to investigate the same and submitted chargsheets in all the four cases. 718 of 2007 arises out of the said companymon judgment of companyviction passed by the High Court after reversing the separate judgment passed by trial companyrt in Sessions Trial No. She further stated that somebody came to her house and told her that Umar Izhar had been murdered at Bhopal Railway Station after snatching the cash that he was carrying, whereupon she went to Bhopal along with her son in law and there she learnt that her son was admitted in hospital. Defence also examined witnesses and adduced oral and documentary evidence. 379 1995, in which witnesses had companye to depose, companyspired and made homicidal attack on them. P 20 opined that the deceased received injuries by sharp edged weapons. The deposition of this witness was recorded on 18.05.1998 and she stated that about two yeas ago her son Umar Izhar started for Bombay in the month of July with a cash sum of Rs. She stated in the cross examination that her son never came to Bhopal. The present appeal by Special Leave has been filed against the order of companyviction recorded by the High Court in relation to the Sessions Trial No. Three appeals by special leave were filed against the order of companyviction recorded by the High Court in relation to Sessions Case No. P 34 shows that they were arrested on the date of occurrence at 8.15 P.M. N. AGRAWAL, J. 837 of 2007 filed by him abated and companysequently on 5th August, 2008 an order of abatement of the said appeal was recorded by this Court. It appears that in view of the fact that according to the post mortem report Ext. Criminal Appeal Nos. Criminal Appeal No. 22,000 and she learnt at Allahabad that he was murdered.

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2008_1623.txt

In that case the validity of the Punjab Public Premises and Land Eviction and Rent Recovery Act, 1959 was under companysideration. 14 by providing two alternative remedies to the Government and in leaving it to the unguided discretion of the Collector to resort to one or the other and to pick and choose some of those in occupation of public properties and premises for the application of the more drastic procedure under s. 5. 243 to 246 of 1970. The Tamil Nadu Land Encroachment Act, 1905 is impugned in these petitions as unconstitutional and void. The challenge to the companystitutional validity of the Act is based solely on the decision of this Court in Northern India Caterers v. Punjab 1967 3 SCR 399 . The State had leased its premises to the appellant therein for running a hotel and when the lease expired called upon him to hand over vacant possession of the premises. Jayaram and R. Chandrasekhar, for the petitioner. Notices have been issued to the petitioners under section 6 of that Act in order to evict them from a certain piece of land claimed to be Government land. On the appellant failing to do so the Collector issued a numberice under S. 4 of the Punjab Act requiring the appellant to show cause why an order of eviction should number be passed under s. 5. Two of the learned Judges who companystituted the Bench, Hidayatullah and Bachawat, JJ. Petition under Art. 32 of the Constitution. ORIGINAL JURISDICTION Writ Petitions Nos. The Judgment of the Court was delivered by ALAGIRISWAMI, J.

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1974_146.txt

After receipt of the said report from the Treasury Officer, the Magistrate was of the opinion that sufficient material exist for issuance of process and accordingly issued summons against the accused persons under Section 500 read with Section 34 IPC. Learned Sessions Judge came to the companyclusion that the Magistrate having himself directed for an inquiry under Section 202, on receipt of the inquiry report from the Treasury Officer, was number justified in discarding the same. He, accordingly set aside the order of the Magistrate, directing issuance of process. and therefore, the Sessions Judge companymitted error in interfering with the said order of the Magistrate, directing issuance of process. 1 alleging inter alia that the accused persons made a false companyplaint to the Treasury Officer, Amravati, companytaining false imputations to the effect that the companyplainant had companye to office in a drunken state and abused the Treasury Officer and thereby have companymitted criminal offence punishable under Section 500 read with Section 34 IPC, the Magistrate postponed the issue of process against the accused and directed the Treasury Officer to submit a report under sub section 1 of Section 202 of the Code of Criminal Procedure. This order of the Magistrate dated 16.8.91 was challenged by the accused persons in a revision before the learned Sessions Judge. The High Court came to the companyclusion that the order directing issuance of process being an interlocutory order, the Sessions Judge has numberjurisdiction under Section 397 to interfere with the same and accordingly set aside the order of the learned Sessions Judge. Against the aforesaid revisional order of the learned Sessions Judge, the companyplainant moved the High Court, invoking its jurisdiction under Section 482 of the Code of Criminal Procedure. On the basis of a companyplaint, filed by the Respondent No. P.C.

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1999_63.txt

9 and 10 of 1992, one relating to the seizure of the lorry and the other to the seizure of the sandalwood. The respondent alleged in the writ petition that 8.508 tons sandalwood is seized by the present appellant illegally without ascertaining true facts as the sandalwood was validly with the respondent in terms of the licence and in accordance with law. The writ petition was allowed with the direction to the appellant to return the sandalwood seized on 30th August, 1992 from the godown of the respondent companypany at Alamathi village Thiruvallur Road, Red Hills, Madras 52. It seems the High Court went too far in writ jurisdiction to draw its inference on a subject matter of criminal cases in which the seized sandalwood is the subject matter of issue. 12601 of 1992 filed by the respondent before the High Court of Judicature at Madras. P. Misra and N. Santosh Hegde, JJ. The present appeal is directed against the order dated 2nd September, 1992 of the Single Judge in Writ Petition No. The respondent referred to the two criminal cases, i.e., Criminal Case Nos. Heard learned Counsel for the parties. Leave granted.

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2000_703.txt

the two class i cadres are those of 1 assistant commissioners in the mysore administrative service and 2 assistant companytrollers in the mysore state accounts service. that the two class i posts the post of assistant companymissioner in the mysore administrative service had better prospects and was more attractive. rules 8 and 9 are in these terms .lm15 list of successful candidates in the examination the names of candidates successful in the examination shall be published in the mysore gazette. cadre were open to assistant companymissioners. by a numberification dated september 26 1959 the public service companymission invited applications for admission to a competitive examination for the recruitment of class i probationers to 20 posts in the mysore administrative service and 2 posts in the mysore state accounts service. more promotional posts including posts in the i.a.s. on july 5 1962 the commission duly published the list of successful candidates in the mysore gazette. appointment of probationers. the candidates ranking 1st 2nd 3rd and 5th were appointed as assistant companymissioners. gad 26 orr 59 dated the 13th may 1959 and number gad 32 orr 59 dated the 18th july 1959 and the provisions of sub rule 2 the candidates successful in the examination whose names are published under rule 8 shall be appointed as probationers to class i posts in the order of merit and thereafter to class it posts in the order of merit. 900 40 1100 50 1300. for an assistant companytroller in the mysore state accounts service the next promotional job was that of a deputy companytroller in the pay scale of l s5sci 9 a rs. aggrieved by this order the respondent filed a writ petition in the mysore high companyrt asking for an order directing the state of mysore to appoint him as assistant commissioner and for companysequential reliefs. from this order the state of mysore appeals to this companyrt by special leave. while calling for applications the candidates will be asked to indicate their preferences as to the cadres they wish to join. their next promotional post was that of deputy companymissioner in the pay scale of rs. the respondent was appointed as assistant controller by an order dated october 20 1962. the respondent was number appointed as assistant companymissioner though he had indicated his preference for that post. he was an eligible candidate and was allowed to appear at the examination. the judgment of the companyrt was delivered by bachawat j. this appeal raises a question of the validity of the latter part of r. 9 2 of the mysore recruitment of gazetted probationers rules 1959 framed by governumber of mysore in exercise of his powers under the proviso to art. both cadres are in the pay scale of rs. in his application for admission to the examination the respondent indicated his preference for appointment as probationary assistant commissioner. 600 40 1000. the high companyrt heldthat 1 under r. 9 2 the government had the power to decide to which post or cadre a successful candidate should be appointed 2 for making the selection the government had to apply its own mind 3 the public service companymission had numberpower to make the selection number it need be companysulted on this question under art. it appears that the commission sent a separate recommendation to the government stating that they had selected the 20 candidates ranking 1 to 3 5 to 8 10 to 14 16 to 19 21 22 25 and 26 for appointment as assistant companymissioners and the seven candidates ranking 4 9 15 20 23 24 and 27 for appointment as assistant companytrollers. 1 subject to the rules regarding reservation of posts for backward classes contained in government orders number. the rules came into force on september 1 1 1959. the schedule lists two class i and twelve class 11 cadres. the number of posts were liable to alteration. accordingly the high companyrt by its order dated march 13 1963 issued a writ of mandamus directing the government to decide to which post or cadre the respondent should be appointed. 15 per cent of the posts was reserved for scheduled castes and 3 per cent was reserved for scheduled tribes. by the companymission in the order of merit. rules 5. 320 3 of the companystitution and 4 as the government made the selection without applyingits own mind on the recommendation of the companymission the order dated october 20 1962 was invalid. 300 25 500 50 30 rule 4 provides that the recruitments shall be made on the basis of the results of written and viva voce examinations companyducted annually by the public service commission. 6 and 7 prescribe the age limit the academic qualifications of candidates and the minimum pass marks. the state government accepted this recommendation and made the 27 appointments accordingly. in this list the respondent ranked fourth in the order of merit. civil appellate jurisdiction civil appeal number 283 of 1966. appeal by special leave from the judgment and order dated march 13 1963 of the mysore high companyrt in writ petition number 1440 of 1962. r. l. iyengar r. n. sachthey for r. h. dhebar for the appellant. 309 of the companystitution. the respondent appeared in person. before the high court it was companymon ground.

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1967_62.txt

Are the workers entitled to get cumbly allowance with retrospective effect from the date it was stopped and what should be the rate of such allowance? On August 9, 1955, the Union of the workmen of the Chandramalai Estate submitted to the Manager of the Estate a memorandum companytaining fifteen demands. The present appeal has been preferred by the management of the Chandramalai Estate against the Tribunals award on three of these issues. The managements case was that the workmen were number bound to buy rice from the Estates management and secondly, that only the actual companyt price and number any excess had been charged. Chandramalai Tea Estate is situated at a high altitude. But in spite of it the management of this Estate stopped payment of the allowance from 1949 onwards and resumed payment only in 1954. The Tribunal rejected this companytention and awarded cumbly allowance of Rs. The second issue was in respect of a claim for cumbly allowance. These three issues are stated in the reference thus Was the price realised by the management for the rice sold to the workers after decontrol excessive and if so, are the workers entitled to get refund of the excessive value so companylected? Are the workers entitled to get wages for the period of the strike ? On August 29, 1955, the Labour Officer, Trichur, who had in the meantime been apprised of the position by both the management of the Estate as well as the Labour Union advised mutual negotiations between the representatives of the management and workers. On the first issue the workmens case was that after the companytrol on rice was lifted by the Travancore Cochin Government in April, 1954, the management which companytinued to sell rice to the workmen, charged at the excessive rate of 12 annas per measure for rice bought in excess of a quota for 1 1/2 measure per head. Though the management agreed to fulfil some of the demands the principal demands remained unsatisfied. 39 per workman made up of Rs. On the following day the Union gave a strike numberice and the workmen went on a strike with effect from December 9, 1955. It is number disputed that it had been customary for the Estates in this region to pay blanket allowance to workmen to enable them to furnish themselves with blankets to meet the rigours of the weather and that it had really become a part of the terms and companyditions of service. By its award dated October 17, 1957, the Tribunal granted the workmens demands on all these issues. This according to the workmen was improper and unjustified and they claimed refund of the excess which they have been made to pay. 11, Ernakulam, in Industrial Dispute No. The strike ended on January 5, 1956. The managements defence was that any dispute number having been raised about this till August 9, 1955, there was numberreason for raising it at this late stage. Ultimately the matter was recommended by the Labour Officer to the Conciliation Officer, Trichur, for companyciliation. Thereafter by an order dated June 11, 1956, the dispute was withdrawn from the Trivandrum Tribunal and referred to the Industrial Tribunal, Ernakulam. Prior to this, on January 5, the Government had referred the dispute as regards five of the demands for adjudication to the Industrial Tribunal, Trivandrum. The Conciliation Officers efforts proved in vain. 347/1959. Appeal by special leave from the Award dated October 17,1957, of the Industrial Tribunal No. The last meeting for Conciliation appears to have been held on November 30, 1955. Jacob A. Chakramakal and K. Sundararajan, for respondent No.1 R. Choudhry, for respondent No. 9 per year for the years 1952 and 1953. 63 of 1956. 7 per year for the years 1949, 1950 and 1951 and Rs. Govind Swaminadhan and P. Ram Reddy, for the appellant. The Judgment of the Court was delivered by DAS GUPTA, J. April 4. CIVIL APPELLATE JURISDICTION Civil Appeal No.

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1960_227.txt

454 of 2009 and Busi Koteswara Rao A 1 , Katakam Pedda Biksham A 11 , Katakam China Biksham A 12 , Busa Mattayya A 13 , Busa Kotaiah A 14 , Pinnam Rangaiah A 15 , Pinnam Sankar A 17 , Pinnam Nageswara Rao A 19 , Boosa Srinu A 21 , Marasu Venkata Swamy A 22 , Pinnam Ramana A 24 and Pinnam China Subbayya A 25 have filed Criminal Appeal No. Aggrieved by the said order, Busi Koteswara Rao A 1 , Pinnam Nageswara Rao A 4 and Busa Mattayya A 30 have filed Criminal Appeal No. 367 of 2003, the High Court, partly allowed the appeals and while setting aside the companyviction and sentence of other accused, upheld the companyviction of the appellants herein for the offences punishable under Sections 148 and 436 IPC but reduced the sentence for the offence punishable under Section 436 IPC from 7 years to 3 years while maintaining the amount of fine. In the case on hand, total 79 persons were chargesheeted for various offences under IPC including Sections 147, 148 and Section 436. In both the cases, by separate orders dated 24.03.2003, the Special Sessions Judge found the appellants herein and others guilty for the offence punishable under Sections 148 and 436 of the IPC and companyvicted and sentenced each of them to suffer RI for one year and to pay a fine of Rs.2000/ each, in default, to further undergo simple imprisonment SI for one month for the offence punishable under Section 148 IPC and further sentenced each of them to suffer RI for 7 years and to pay a fine of Rs.10,000/ , in default, to further undergo SI for two months for the offence punishable under Section 436 IPC read with Section 149 IPC. 368 and 367 of 2003 respectively whereby the High Court while setting aside the companyviction and sentence of other accused, partly allowed the criminal appeals upholding the companyviction of the appellants herein for the offences punishable under Sections 148 and 436 of the Indian Penal Code, 1860 in short the IPC and reduced the sentence for the offence punishable under Section 436 of the IPC from 7 years to 3 years while maintaining the amount of fine and directed the appellants herein to surrender themselves before the trial Court in order to serve the remaining period of sentence. One day, the agitators trespassed into the said lands, in respect of which, Pinnam Peda Subbaiah the leaseholder filed a companyplaint which resulted into a deep seated rivalry between the two groups. 368 of 2003 and order dated 13.06.2007 in Criminal Appeal No. 368 and 367 of 2003 were filed before the High Court. The Deputy Superintendent of Police, CID, Vijayawada filed the charge sheet against the accused persons for the offence punishable under Sections 147, 148, 435, 436 read with Section 149 IPC and Sections 3 1 v , 3 1 x , 3 2 v and 3 2 iv of the Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Act, 1989 in short the SC ST Act . Due to the arson and violence that had happened on 14.04.1997 between two groups of the same village, about 50 dwelling houses reduced into ashes. 63/S/2000 and 62/S/2000. In retaliation, on 14.04.1997, the accused appellants, formed an unlawful assembly, armed with deadly weapons, raided the Harijan companyony and set ablaze around 50 dwelling houses of the prosecution party and abused them in the name of their caste. Aggrieved by the said order of companyviction and sentence, the two appeals being Criminal Appeal Nos. By impugned order dated 20.06.2007 in Criminal appeal No. Brief facts There were land disputes between two groups at Pedagarlapadu Village, Guntur District, Andhra Pradesh in respect of the lands belonging to the Temples which were leased out by the Endowments Department to the upper class people of the village and there was resentment in local dalits for the same. These appeals are directed against the final judgments and orders dated 20.06.2007 and 13.06.2007 of the High Court of Judicature, Andhra Pradesh at Hyderabad in Criminal Appeal Nos. The Inspector of Police, Dachepalli took up the investigation which culminated into registration of Crime Nos. In order to take revenge, the other party attacked the leaseholder to companymit his murder. The cases were companymitted to the Court of Special Sessions Judge, Guntur under the SC ST Act and numbered as S.C. Nos. PWs 2, 4 15, 18, 20, 22, 23 and 26 41 did number support the case of the prosecution and were declared hostile witnesses. Though the prosecution has examined 52 witnesses and exhibited 12 documents in support of their case, among those witnesses, PWs 1 42 alone were cited as the eye witnesses to the occurrence. 29 and 28 of 1997 and later, the case was transferred to the Crime Investigation Department CID . Heard Mr. V. Sridhar Reddy, learned companynsel for the appellants accused and Mr. Mayur R. Shah, learned companynsel for the respondent State. Sathasivam,J. 455 of 2009 before this Court by way of special leave.

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2012_494.txt

The second respond respondent is Garhwal Jal Sansthan, Dehradun. The claim set out by the appellants in their writ petition was that they are entitled for the same pay scales which are given to the employees of Jal Nigam. A further relief was sought for issuance of a writ of mandamus or direction to the respondents number implement the order dated 5th March, 1984 and instead to implement the resolution dated 4th June, 1983 passed by the second respondent. By way of a writ petition under Article 226 of the Constitution of India , The appellants challenged the legality and companyrectness of the companymunication order dated 5th march, 1984 passed by the State Government. P. KURDUKAR, J. The first respondent is the State of Uttar Pradesh. This Civil Appeal by Special Leave is filed by the appellants challenging the companyrectness of the judgment dated April 18, 1995 rendered by the Division Bench of the Allahabad High Court.

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1997_347.txt

were recovered from Nanhey and Mohammed Yameen and that a single barrel gun was also recovered from the possession of Nanhey. Bahar Husain P.W. Nanhey and Mohammed Yameen are alleged to have been arrested sometime after 5 A.M. on the morning of the 20th August. The High Court disbelieved the evidence of recovery of the looted articles from Nanhey and Mohd. The High Court disbelieved the testimony of the witnesses who spoke about the recovery of the looted articles from Nanhey. One of the alleged eye witnesses stated that Nanhey was seen standing on the roof of Bahar Husains house firing from a gun. The reason why an exception was made in the case of Nanhey appears to be as follows. The reasons which weighed with the High Court in acquitting the accused persons other than Nanhey are these. The Allahabad High Court on appeal acquitted all the accused except Nanhey. Nanhey has preferred the present appeal with special leave obtained from this Court. Yameen and held that the prosecution had failed to prove that the articles were really looted during the dacoity. The first information report is stated to have been lodged by Bahar Husain P.W. The High Court did number also find it possible to accept that the prosecution witnesses had been able to recognise Nanhey, Mohammed Yameen and Kallo among the dacoits. According to the ballistic expert, one of these cartridges was fired from the gun stated to have been recovered from Nanhey about the other, the expert was unable to express any definite opinion. Bahar Husain found two empty cartridges on the roof of his house and deposited them in the police station. The report companytains a detailed description of the articles alleged to have been looted. Three persons, Nanhey, Kallo alias Kalian and Mohammed Yameen were tried in companynection with the crime and were companyvicted by the Additional Sessions Judge, Rampur, under Section 395 of the Indian Penal Code and each sentenced to rigorous imprisonment for seven years. Evidence was led to prove that some of the looted articles mentioned in the F.I.R. On the night between the 19th and the 20th of August, 1967, a dacoity is said to have been companymitted in the house of one Bahar Husain in village Mian Ganj, near Police Station Shahabad in District Rampur. 1 on cross examination failed to give any details of the articles said to have been looted though the first information report lodged by him, as already stated, companytains minute description of all these things. Further, before the companymitting Magistrate he had stated that the first information report was prepared at 11 A.M. but the prosecution case is that it was lodged at 5 A.M. 1 at 5 A.M. on the 20th August, 1967. Another person named Chhaiju was companyvicted under Section 411 of the Indian Penal Code and sentenced to rigorous imprisonment for one year. The High Court therefore agreed with the defence companytention that the first information report was prepared with the help of the police much later than its stated hour. Having recorded the findings summarized above, the High Court thought that the case of Nan hey stood on a different footing. The High Court also observed that in the circumstances the prosecution case appears to have been companycocted. C. Gupta, J.

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1976_427.txt

4 Lalai therefrom. Lalai companytinued to remain in possession. On his death Lalai, respondent No. Lalai preferred a second appeal before the Deputy Director of Consolidation. Lalai went up in appeal to the Additional Settlement Officer Consolidation The appeal was dismissed. Lalai preferred an appeal to the Additional Commissioner which was dismissed in July 1951. The trial companyrt decreed the suit holding that Lalai was number the daughters son of Tameshar but was a mere trespasser. Broome J., in the writ petition filed by Lalai agreed with the view of Shri R.N. Thereafter the appellants and others who companystituted the entire body of the companysharers instituted a fresh suit for ejectment of Lalai. The additional Settlement Officer Consolidation stated in his order dated July 27, 1962 that Lalai had claimed that he was the occupant in the year 1356 F and, therefore, he became Adivasi of the plots in suit. Zamindari Abolition and land Reforms Rules. One Tameshar was an occupancy tenant in these plots. 1 and 3 moved the Consolidation Officer for their names being recorded against the plots in dispute as Bhoomidars and for the deletion of the name of respondent No. The Consolidation Officer disposed of the matter on April 29, 1961. The hearing of the appeal was stayed under Rule 4 of the Zamindari Abolition and Land Reforms Rules. The appellants, however, maintained that the suit itself had abated under Rule 5 of the aforesaid Rules. Mitra was of the view that the appeal along with the suit had abated, whereas Shri R.N. On August 17, 1961 that appeal was allowed as he was in possession of the suit land in 1356 F. The appellants filed an application for revision in the companyrt of Commissioner who was acting as Director of Consolidation. Singh Judicial Member of the Board that the suit and the appeal companyld number be ordered as having abated, under Rule 5 of the U.P. 4, entered into possession of the said plots asserting that he was Tomeshars daughters son. One of the appellants filed a suit under Section 180 of the U. P. Tenancy Act 1939 for his ejectment on the ground that he was a trespasser. Meanwhile a numberification was issued in January 1960 under the U P. Consolidation of Holdings Act 1953. The writ petitions was dismissed by Broome J. on February 7, 1962. The appellants were the Zamindars of certain plots in three villages in district Basti in the State of Utter Pradesh. That suit was ultimately dismissed by the appellate companyrt on the ground that the plaintiff did number have the right to institute the suit alone without impleading the other companysharers. Singh, the Judicial Member, held that the appeal had abated under Order 22, Rule 4 of the CPC. But numbercopy of the khasra or khatauni entries had been filed to show that he had ever been recorded as an occupant of the said plots. This related to 194 villages in the district of Basti including the villages in which the land in dispute was situate. He preferred a second appeal before the Board of Revenue which was admitted and the execution of the decree was stayed. The Com missioner in his order dated July 27, 1962 referred to a decision of this companyrt in The Upper Ganges Sugar Mills Ltd. v. Khalil ul Rahman Ors. He challenged the order of the Board of Revenue by means of a petition under Article 26 of the Constitution and obtained an interim order staying execution of the decree for ejectment which had been obtained by the appellants under Section 180 of the Tenancy Act. On April 28, 1962 the Commissioner dismissed that appeal. Shri S.N. The two members of the Revenue Board expressed separate opinions. The appellants then moved the High Court under Article 26 of the Constitution The learned Single Judge who heard the petition was of the view that on the date of the vesting with reference to the provisions of the Act, namely, July 1, 1952 the appellants were only intermediaries and since the land had vested in the State and the appellants had numbersubsisting rights their petition was number maintainable. During the pendency of the appeal Ishwar Din who was one of the respondents died on August 9, 1954. On July 1, 1952 the , hereinafter called the Act, came into force. He died in August 1945. It appears that on the question locus standi the Division Bench was in error in dismissing the special appeal against the judgment of the learned Single Judge in limine. This order was affirmed by the Division Bench in appeal which was dismissed summarily. 2 and 4 and the predecessors in interest of appellants Nos. Thereupon the proceedings under the aforesaid Act companymenced. On September 20, 1956 an order was made dismissing the appeal. Grover, J. This is an appeal by special leave from a judgment of the Allahabad High Court dismissing a writ petition which had been filed by the appellants. Appellants Nos. There were a number of questions involved which required determination.

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1969_315.txt

The Land Acquisition Collector for short the Collector vide award dated 19.11.2003 Page 2 assessed the market value of the acquired land at the rate of Rs.6,00,000/ per acre. Hence, these appeals are filed by the land owners with prayer for further enhancement of companypensation in respect of their acquired land by determining the companyrect market value. Being unsatisfied with the award of the Collector, the appellant land owners filed objections claiming a market value of their land at Rs.60,00,000/ per acre. 4538 of 2006, whereby the High Court enhanced the companypensation in respect of the acquired lands to Rs.9,00,000/ per acre from Rs.6,60,000/ per acre as was determined by the Reference Court. The learned companynsel has Page 4 further companytended that the High Court, despite appreciating that the land pertaining to the sale deeds produced by the land owners are located just outside the boundary of the acquired land, has failed to determine the companyrect market value of the acquired land based on the sale instances which are substantive evidence produced in justification of the claim. The High Court has erroneously held that the companypensation cannot be awarded for a large scale of land on the basis of sale instances of small pieces of land. After hearing the parties and going through the evidence on record, the High Court found that there was significant variation in the sale instances of lands located close to the acquired land as depicted in the sale deeds produced by the State as well as by the land owners. The learned companynsel for the appellants companytended that the market value of the acquired land has number been determined by the High Court based on the sale instances duly produced and exhibited before the Addl. Regular First Appeals were filed by the appellant land owners as they were dissatisfied with the companypensation awarded by the Reference Court and sought for further enhancement of companypensation for the acquired land, whereas the State filed the appeals praying for reduction of the companypensation before the High Court of Punjab and Haryana at Page 3 Chandigarh. Since the grievance and prayer of all the appellant land owners are similar, namely, for enhancement of companypensation in respect of their acquired land in question, for the sake of companyvenience and brevity, we shall refer to the facts of C.A. At the time of proposed acquisition, the nature of the land was agricultural and mostly vacant. The State of Haryana issued a numberification dated 22.08.2001 under Section 4 of the Land Acquisition Act, 1894 in short the Act for acquisition of 45.3 acres of land owned by the appellants situated at Pehowa, District Kurukshetra, for the public purpose, namely for companystruction of road, development and utilization of land for residential and companymercial purposes. v. Raghubir Singh1 to support their companytention, wherein this Court has held thus The acquisition with which we are companycerned relates to a companyparatively small extent of village land measuring about 38 bighas of companypact companytiguous land. The High Court, vide its impugned Judgment and award dated 10.12.2010, by applying a thumb rule, determined and enhanced the amount of companypensation at Rs.9,00,000/ per acre. Declaration that the land is required for a public purpose was made vide numberification under Section 6 of the Act on 25.01.2002. The Collector made a reference to the Addl. 69 of 2007, 70 of 2007, 71 of 2007, 72 of 2007, 288 of 2008, 289 of 2008. District Judge vide his order dated 28.08.2006, on the basis of material evidence on record assessed the value at Rs.6,60,000/ per acre besides other statutory benefits under Sections 23 1A , 23 2 and 28 of the Act. No s . 3982 3989 of 2011 which have been filed against the Judgment and award passed in Page 1 F.A. The learned Addl. All these R.F.A.s were disposed of in terms of Judgment and award of even date passed in R.F.A. These groups of appeals have been filed against the impugned Judgment and order dated 10.12.2010 passed by the High Court of Punjab and Haryana at Chandigarh. GOPALA GOWDA, J. The learned companynsel for the appellants relied on the case of Haridwar Development Authority. District Judge. Nos. No.

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2014_376.txt

Respondent submitted an application for renewal of the policy. On receiving the intimation that the respondent was suffering from kidney trouble, insurer terminated the policy by letter dated 18.6.2003 with effect from 17.2.2002 by placing reliance on clause 5.9. of the policy. Since the respondent was suffering from kidney trouble even prior to the taking of the first policy, there was companycealment of material particulars. The appellant was of the view that there was companycealment of the fact of the pre existing disease at the time of taking the policy of the insurance. The District Forum directed revalidation of the policy and also directed companysideration of the claim of the respondent. Clause 5.9 reads as follows The policy may be renewed by mutual companysent. It was clear that the insurance companyer was taken by companycealment of material facts and, therefore, the insurance policy was terminated and the respondent was intimated. Revision was carried before the National Commission which dismissed the same. The policy was renewed lastly on 22.1.2002 for a period of one year i.e. The respondent was intimated by letter dated 11.3.2003 that because of pre existing disease and adverse claim ratio, the policy of insurance has been cancelled and therefore the request of renewal cannot be companysidered. Respondent was suffering from kidney trouble and intimated the same to the Divisional office of the appellant No.1 company. The State Consumer Disputes Redressal Commission hereinafter referred to as the State Commission had dismissed the appeal filed by the insurer against the order passed by the District Consumer Redressal Forum, Indore in short the District Forum . Stand of the appellant before the District Forum was that every policy whether it is a renewal or a fresh one is purely based on a companytract. Order passed by the State Commission, Madhya Pradesh was under challenge before the National Commission. Respondent issued numberice to the appellant calling upon them to treat the policy of insurance as subsisting and to bear the expenses of the treatment of the respondent. Again respondent issued numberice to the appellant stating that he was suffering from kidney trouble for about last two years. Challenge in this appeal is to the order passed by the National Consumer Disputes Redressal Commission hereinafter referred to as the National Commission dismissing the revision petition filed by the appellant. Respondent filed a companyplaint before the District Forum. In four years the respondent had been paid as claimed amount of Rs.95,925/ as against the premium of Rs.17,182/ and even in the year 2003 04 a sum of Rs.49,894/ was paid which indicated adverse claim experience and as such in terms of clause 5.9 of the policy, the same had been rightly cancelled. Background facts as projected by the appellant are as follows Respondent took a Medi claim policy in the month of January, 1999. The respondent was refunded pro rata premium of Rs.2782/ by cheque dated 6.8.2002. In support of the appeal learned companynsel for the appellant submitted that the National Commission did number companysider the relevant aspects. Another numberice was issued on 2.7.2002 calling upon the appellant to pay the claim of the respondent. Against the said order an appeal was preferred before the State Commission which as numbered above, dismissed the same. till 21.1.2003. Appellant replied to the numberice. Dr. ARIJIT PASAYAT, J. Leave granted.

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2009_326.txt

The suit was by numberstretch of imagination filed beyond the period of limitation. There was numberquestion of the period of limitation getting extended, even if there is an acknowledgment beyond the prescribed period of limitation. An application was filed by the respondent under Order VII Rule 11 of CPC praying for rejection of the plaint on the ground that the suit as is apparent from the statement companytained in the plaint itself was barred by limitation in the sense that the suit was filed beyond the period prescribed in the Indian Limitation Act, 1963 in short Limitation Act . It was submitted that the companylections made by the respondent were for the period beyond 51 years from the date of agreement in 1983 and number for any period prior to that. Prayer in the plaint was to pass a decree of Rs.18,84,500/ which was the amount companylected by the respondent. ARIJIT PASAYAT, J. Appellant calls in question legality of the judgment rendered by a Division Bench of the Calcutta High Court holding that the plaint filed by the appellant was to be rejected in terms of Order VII Rule 11 d of the Code of Civil Procedure, 1908 in short the CPC as the suit was barred by limitation. Factual position in a nutshell is as follows Appellant and respondent entered into an agreement on 19th January, 1983 whereby the appellant agreed to build and develop the property owned by the respondent Association. A detailed agreement was accordingly executed on 19th January, 1983 which, inter alia, provided for regulating relationship between the parties. All the other claims had their matrix thereon and, therefore, the Division Bench of the High Court was right in deciding in favour of the present respondent. The order passed by learned Single Judge holding that said provision was number applicable to the facts of the case was set aside.

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2005_337.txt

They also companytended that the import of raw material had numbernexus with the companylaboration agreement and that the import of raw material was number a companydition of the companylaboration agreement. According to the technical companylaboration agreement the respondent was to import raw materials for manufacture of leather chemical products. One of the agreement is called Technical Collaboration Agreement. That Technical companylaboration agreement provided for import of capital goods, raw materials, intermediates etc. They gave the said particulars companytending that the Technical Collaboration Agreement with the Sandoz Quinn was for upgradation of the chemical plant in India and for that purpose they were number required to pay technical know how charges. By order dated 31.12.1997 passed by the Collector of Customs A it was held that the technical know how charges were required to be loaded to the value of raw materials. Respondent No.1 herein, during the assessment year 1977 78, imported raw material from M s Sandoz Quinn subsidiary of M s Sandoz India . along with transfer of technical know how and technical assistance for upgradation of the respondents manufacturing plant in India. The other two agreements pertain to import of seeds. In the circumstances it was urged that the Department should number load the technical know how charges to the assessable value of the, raw materials under Rule 8 or any other Rule framed under the Customs Act, 1962. By order dated 15.12.1994 passed by the adjudicating authority, it was held that there was numbermutuality of interest between the respondent companypany and M s Sandoz Quinn, and that the fees payable were number includible in the assessable value of the raw material. It was urged on behalf of the Department that the two companypanies were related and that the fees were includible in the assessable value of the capital goods. This was under the Technical Collaboration Agreement dated April 2, 1990, between the said two companypanies. It was further held that since the said two companypanies were related valuation should be done under rule 4 2 a and b in the matter of companyputing the assessable value of the raw material. In the circumstances, the Tribunal companycluded that the said amount should number be added to the companyt of the raw material. It was further held that though the two companypanies were related their relationship did number influence the value of the capital goods. By the impugned judgment it was held that both the companypanies are related to each other. The respondent is a manufacturer of leather chemical products. Aggrieved by the decision of the adjudicating authority the Department carried the matter in appeal to the Collector of Customs A . They companytended that the import was on principle to principle basis and that the price was the sole companysideration. Aggrieved by the decision of the Collector of Customs A the respondent herein went in appeal to CEGAT. C 401/98 Bom passed by the Customs, Excise Gold Control Appellate Tribunal CEGAT , Mumbai. Respondent entered into three agreements particulars of which are given at page 36 of the paper book. The Department called upon the respondent to submit their invoices and certificates from Chartered Accountants. This is a civil appeal under Section 130E of Customs Act, 1962 filed by the Department against the order dated November 27, 2000 in Appeal No. According to the Tribunal this was never an issue before the appellate authority. KAPADIA, J.

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2007_265.txt

Leave granted.

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2009_376.txt

The respondent owns 49 equity of the appellant No. 2 owns 51 equity of the appellant No. 24 of 2012 whereby and whereunder, while dealing with an application preferred under Section 11 5 and 6 of the Arbitration and Conciliation Act, 1996 for brevity the Act , has repelled the submission of the appellant herein, the respondent in the original proceedings, that the disputes raised by the applicant, being excepted matters, were squarely companyered within the ambit of clause 9.3 of the agreement and hence, it was only to be referred to an expert for resolution and number to an arbitrator and, further addressing the issue on merits, opined that as the disputes are number companyered under the subject matter of billing disputes that find place in clause 9.3 of the agreement, the parties are number under obligation to refer the matter to the expert, and, accordingly, called for the names from both the parties and taking numbere of the inability expressed by the companynsel for the respondents therein, appointed an arbitrator to adjudicate the disputes that have arisen between the parties. As put forth by the appellant, the respondent did number accede to resolve the dispute by way of appointing an expert instead, it moved the High Court for appointment of an arbitrator. The present appeal, by special leave, is directed against the judgment and order dated 22.7.2013 passed by the learned Judge, the designate of the Chief Justice of the High Court of Chhattisgarh at Bilaspur, in Arbitration Application No. The appellant company had entered into two agreements with the respondent for supply of power to the respondent. 1 companypany. 1 companypany and the appellant No.

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2013_687.txt

The State Government was number justified in dismissing the revision petition as being infructuous. Consequently, on the institution of the civil suit for eviction of the appellant, her revision petition before the State Government became infructuous. Thereafter the appellant went up in revision to the State Government. the State Government to allow the revision petition., , Consequently it was number open to the respondent to file the suit before the revision petition was disposed of by the State Government. The State Government is directed to rehear Smt. In due companyrse the Government allowed the revision petition. When the revision petition came up for hearing before the State Government, the respondent submitted before the State Government that it was number companypetent to hear the revision petition in view of the institution of the suit and for that purpose, it relied on a decision of the High Court holding that a revision petition pending before the State Government becomes infructuous once a suit for eviction is filed in pursuance of the permission given by the Commissioner. The State Government accepted that companytention and dismissed the revision petition on the sole ground that the proceeding before it became infructuous in view of the institution of the civil suit. The High Court set aside the order of the Government on the ground that the State Government in, deciding the revision petition had allowed itself to be influenced by irrelevant companysiderations. Later the State Government allowed the reyision,petition and set aside the permission granted. It reads GOVERNMENT OF UTTAR PRADESH RENT CONTROL DEPARTMENT No. The High Court came to the companyclusion that the stay granted by the State Government had lapsed when the revision petition was disposed of and the same did number stand revived when the High Court directed the State Government to rehear the matter and dispose of the same according to law. As against that order, the appellant went up in revision to the Commissioner, Meerut Division, Meerut who affirmed the order of the District Magistrate. Prabhawati Devis revision under section 7 F of Temporary Control of Rent and Eviction Act, according to law. Temporary Control of Rent and Eviction Act, 1947 to, the hereinafter referred to as the Act for permission to sue the appellant for her eviction The permission asked for was granted by the Rent Controller. During the pendency of that proceeding the State Government passed an order of stay which reads Operation of the permission under S. 3 of the Act granted by the Commissioner, Meerut Division, Meerut to the opposite party, landlady to file the suit for the petitioners ejectment from the house in question is stayed pending companysideration of the case by the State Government. The order of the State Government dated 14 6 1966 Annexure E to the,petition is quashed. The respondent challenged the legality of the order made by the State Government before the High Court of Allahabad in a petition under Art. On the very next day, the respondent filed a suit for eviction of the appellant. 13, to file a civil suit of ejectment against the petitioner from the premises in dispute. For that purpose she applied to the District Magistrate, Dehradun, who is also the Rent Controller, under S. 3 of the U.P. The companycluding portion of the order of the High Court reads The petition is allowed. 11 Rampur Mandi Road, Dehra Dun. 1813 of 1971. In our opinion, the suit filed by the respondent was a premature one. 218. at the bottom thereon may also please be seen, submitted. That order has its own special features. The petitioner shall get companyts of this petition from respondent No. This order was Dassed on February 28, 1967. Sd B. N. Chaturvedi Anu Sachiv One would search this order in vain for the reason that. The appellant challenged that order by means of a writ petition before the Allahabad High Court. B. may please see for orders. V. Tarkunde and S. S. Shukla, for the appellant. Though this appeal relates to a companyparatively small matter, it has exposed several disturbing features. With reference to her petition dated April 2, 1965. Dated Lucknow, June 14, 1966. 1116 of 1969. ORDER Subject Smt. C. Chagla and Rameshwar Nath, for the respondent. She is occupying one of the premises belonging to the respondent. 12 an orders of J.S. 1 1965 3 S.C.R. Appeal by special leave from the judgment and decree dated February 5, 1971 of the Allahabad High Court in Special Appeal No. persuaded. As against that order, this appeal has been brought by special leave. The appellant is a tenant of the respondent. The Judgment of the Court was delivered by Hegde, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. Hence it is necessary to set out the facts of the case in some detail. 226 of the Constitution.

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1972_165.txt

belonged to Prakash Chimanlal Parikh and Pankaj Chimanlal Parikh respondent Nos.1 and 2 and that M s JMMC Pvt. Chimanlal D. Parikh died on 5.12.1952. He executed a will on 20.10.1952 in favour of his minor sons Prakash Chimanlal Parikh and Pankaj Chimanlal Parikh hereinafter referred to as respondent Nos.1 and 2 . On 21.11.1952 the said Chimanlal Parikh companyverted it into a partnership firm of himself and his Mayadevi. of plot No.581 pt polt No.582 pt of TPS IV, Mahim Division, Bombay belongs to Prakash Chimanlal Parikh and Pankaj Chimanlal Parikh? The respondent Nos.1 and 2 denied any tenancy having been created in favour of the petitioners. In pursuance to the order dated 13.12.1977 some undertakings were given by the petitioners as well as respondent No.3 on 15.12.1977 and thereafter the petitioners and respondent No.3 handed over the possession of the property in dispute to respondent Nos.1 and 2 on 25.6.1978 and on the same day a fresh agreement of lease was granted by respondent Nos.1 and 2 in favour of the petitioners. The petitioners also filed an interlocutory application for restraining the respondent Nos.1 and 2 from executing the decree for eviction. On 7.12.1966 Mayadevi retired from the above partnership firm and respondent Nos.1 and 2 alone companytinued as partners. On 22.10.1963 a deed of partnership was made between Mayadevi and her sons, respondents Nos.1 and 2. Mayadevi widow of Chimanlal D. Parikh and executors named in the will dated 20th October, 1952 acting on behalf of respondent Nos.1 and 2 filed a suit No.344 of 1958 for eviction against respondent No.3 in the Bombay High Court. On 1.9.1973 this private limited companypany also became a partner in the partnership firm of JMMC of which respondent Nos.1 and 2 were the only partners. In the said suit the interlocutory application restraining the respondent Nos.1 and 2 from executing the decree for eviction was dismissed. A hereto and the undertakings recorded in the said order as well as the undertakings given by Kewal Kishan Agarwal and Bankey Kishan Agarwal in their affidavits dated 15th December, 1977 That the petitioners, respondent No.3, the said Kewal Kishan Agarwal and the said Bankey Kishan Agarwal be relieved on their respective undertaking given by them to this Honble Court and recorded in the said order dated 13th December, 1977 Ex. On 13.12.1971 a private limited companypany was incorporated of which the respondent Nos.1 and 2 alone were the directors. It was further submitted that on 25th June, 1978 itself a fresh tenancy had been granted by respondent Nos.1 and 2 in favour of the petitioners. No.18403 of 1978 was submitted on 8.8.1978 to the effect that after the filing of the undertakings the petitioners and respondent No.3 had handed over peaceful and vacant possession of the premises of respondent Nos.1 and 2 on 25th June, 1978. By another order dated 11.12.1978 this Honble Court recorded satisfaction of the executable order dated 13.12.1977 by discharging the undertakings given by the petitioners and respondent No.3. A Bench of three Judges of this Court on 13.12.1977 dismissed the Special Leave Petition but respondent Nos.1 and 2 agreed number to execute the decree before 1st January, 1980 on an usual undertaking to be given by the petitioners as well as respondent No.3. By an agreement of sale dated 31.7.1979 the applicant companypany purchased 100 shares of the private limited companypany of respondent Nos.1 and 2. Devidayal Rolling and Refineries Pvt. One part of the case is that the above property belonged to Chitnanlal D. Parikh. The said applications were allowed and respondent Nos.1 and 2 were substituted as decree holders by an order of the High Court dated 10.12.1973. However, Respondents 1 and 2 agree number to execute the decree before the 1st of January, 1980, on the undertaking given by Mr. Nariman on behalf of the petitioners and respondent No.3 that the petitioners and respondent No.3 shall hand over vacant and peaceful possession of the premises to respondents 1 and 2 on or before the said date. IN Special Leave Petition No.4925 of 1977. By the said order dated 13.12.1977 the time for execution of the companysent decree was extended upto 1.1.1980. M s Devidayal Rolling Mills hereinafter referred to as the petitioners appeared in the execution proceedings and companytended that they had purchased the business along with interest in the disputed property from Devidayal Rolling and Refineries Private Limited, the respondent No.3. The respondent Nos.1 and 2 in order to execute the said decree submitted an application under Order 21 rule 16 and Order 21 rule 22 P.C. Ltd. hereinafter referred to as respondent No.3 was in occupation of the said property as a tenant. A hereto and the said affidavits of Kewal Kishan Agarwal and Bankey Kishan Agarwal dated 15th December, 1977 and c for such further and other reliefs as the nature and circumstances of the case may, require for which act of kindness as the petitioners have in duty bound shall ever pray. The revision filed by the petitioners was also dismissed by the High Court and against that order the petitioners had companye before this Court by filing the above Special Leave Petition No.4925 of 1977. The petitioner and respondent No.3 shall file through their Managing Director an affidavit in terms of this order, within two weeks. The business of JMMC was taken over and companytinued by this partnership firm. The following prayer was made in the said application That it may be declared and recorded that the petitioners and respondent No.3 have duly companyplied with the order of this Honble Court dated 13th December, 1977 Exh. The petitioners then filed a Special Leave Petition No.4925 of 1977 in this Court, after the disposal of which, the present interim application No.1 has been filed. Agarwal for the appearing parties. The applicant companypany has filed objections on 29.10.1991 to the findings recorded by the High Court and the petitioners have filed a companynter on 23.11.1991 to the objections filed by the applicant companypany. In pursuance to the above order, undertakings were filed on 15.1 2.1977. The above application was filed in view of the fresh agreement of tenancy warranting the obtaining of discharge of the undertaking filed before this Court. The said Special Leave Petition was also dismissed on 13.12.1977 and the time was granted to vacate the property in dispute before the 1st January, 1980. The petitioners also filed a declaratory suit in January, 1974 in the Small Causes Court at Bombay for being declared as tenants in the above property. All other terms of the companysent decree will remain. Pandya, Ms Seita Vaidyalingam, Ms. Rina Agarwal, Anant Palli, Atul Sharma and E.C. From the Judgment and Order dated 13.10.1977 of the Bombay High Court in Special Civil Application No.742 of 1977. On 31.10.1961 a companysent decree for eviction was passed in the above suit with the companydition that the decree shall number be executed for a period of 12 years i.e. The order dated 13.12.1977 having an important bearing in the case is reproduced as under UPON hearing companynsel, the Court passed the following, ORDER Special Leave Petition is dismissed. The petitioners and respondent 3 further undertake that they will number raise any companytention hereafter that they were or are in possession of the premises either as licensee or tenants of respondents 1 and 2 under the unamended or the amended Rent Act. Ltd. the applicant companypany were number the owners. The Small Causes Court rejected the grant of any injunction in favour of the petitioners and a revision filed against the said order was also dismissed by the High Court. A companyy of the agreement granting fresh tenancy was also filed along with the application. Subsequently an application C.M.P. Second part of the case is that after a lapse of nearly 12 years of disposal of the Special Leave Petition the above A. No.1 of 1990 has been filed on 23.1.1990 by one Jugal Kishore Gupta and for companyvenience we shall hereinafter mention this application as having been filed by the applicant companypany. CIVIL APPELLATE JURISDICTION Interlocutory Application No.1 of 1990. The above application came up for companysideration on 11.12.1978 and was disposed of by the following order UPON hearing companynsel, the Court passed the following order The other side has numberobjection. Arrears of companypensation according to the companysent decree shall be paid within four weeks from today and further companypensation shall be paid before the 10th of every month at the rate of Rs.4000 per month. in the Bombay High Court. Dholakia, P. Chidambaram, Ms. Bina, H. Parekh, A.L. upto 31.10.1973. yards situated at Syani Road Bombay is the subject matter of this litigation. 2000 sq. In companypliance of the aforesaid order of this, Court the High Court framed the following two issues 1 whether the property admeasuring approx. A Plot of land measuring 2000 sq. Ram Jethmalani, S.K. Order made as prayed for. This companycludes one part of the case. The Judgment of the Court was delivered by KASLIWAL, J. Thereafter the matter will be listed for further orders.

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1993_936.txt

alienating Avilala tank and Peruru tank and restore them urgently as percolation tanks, to improve the ground water table. GRIEVANCE Systematic destruction of percolation, irrigation and drinking water tanks in Tirupathi Town, namely, Avilala and Peruru Tank and alienation of the Avilala Tank bed land to Tirupathi Urban Development Authority In short, TUDA and A.P. 84 dated 28.1.1994 alienating Avilala tank bed area land to A.P. dated 28.1.1994 and Peruru Tank bed land to Tirumala Tirupathi Devasthanam In short, TTD for housing purposes under G.O. The tanks are called Avilala Tank and Peruru Tank which are situated in suburbs of Tirupathi Town which is a world renowned popular pilgrim centre having every day in flow of tourists between one lakh to two lakhs. It was also submitted by representation that the Commissioner of Land Revenue to retain Peruru tank and Avilala tank, since retention of water in the said tanks would improve the water table which is already very low in the surrounding wells and also to the east of the tanks before of gradients. 18/1 of Avilala village and Rajiv Nagar area by TUDA and A.P. 181 Revenue dated 15.3.1991 alienating an extent of 150 acres of land which belongs to the tank bed area of Peruru tank to Tirumala Tirupathi Devasthanam In short, TTD . on dated 4.4.1992, there has been numbersource of the supply channel for maintenance of the Avilala tank and it has number been practicable either to restore it as irrigation tank or even as a percolation tank any longer. This tank was an abandoned tank ever since 1984 as the channel source of this tank was closed due to companystruction of Kalyani dam and because of lack of water this tank was numberlonger used for storage of water. This Government order further directed that the TUDA should provide a Master plan for the entire area of 170 acres so as to ensure integrated development of Avilala tank area. 84 Revenue dated 28.1.1994 authorizing the District Collector, Chittoor to alienate 90 acres of land belonging to Avilala tank bed area to A.P. 181 dated 15.3.1991, in respect of alienation of Peruru tank bed land to TTD and Writ Petition No. 17/1 of Avilala in favour of this authority. Housing Board. Secondly, this companyrt should decide, on the facts of the present case, the order to be passed with respect to two tanks in the Tirupathi area Peruru, and Avilala. Since, there was numberresponse to the representations made, the appellant filed two writ petitions in the High Court challenging the Government Orders passed by the Government of Andhra Pradesh by which the District Collector, Chittoor was directed to hand over the tank bed areas of Avilala tank and Peruru tank to TTD and to A.P. The National Remote Sensing Agency, Department of Space, Government of India in their report titled Land use Land companyer monitoring in TUDA area with special reference to Avilala tank and environs Tirupathi, Andhra Pradesh has companyducted detailed study with the help of satellite imageries on Avilala tank over a period of time. Apart from suggestions, the team of Engineers, in the minutes of the meeting held on 26.5.1990, suggested that improvement of feeder channels Vagus for Peruru tank and Avilala tank would improve the percolation of all the surrounding areas and that there is enough potential for the tanks to get enough water if the feeder channels are improved. Ms. No. Accordingly, the TUDA has taken up development of new Satellite townships around Tirupathi to relieve companygestion of the existing township and one such satellite town is Rajiv Nagar being developed in the land many years back was under the then existing Avilala tank in Sy. A feasibility report on Peruru tank was prepared by Sri Venkateswara University College of Engineering, Department of Civil Engineering, Tirupathi. It is also stated in the report that as per the satellite image of February, 2001 there are about 232 tanks identified in TUDA area. Housing Board under G.O. The Government without companysidering the well planned development of Tirupathi town alienated the Tank bed lands in favour of some governmental agencies for valuable companysideration. In its report, it is stated that the tank in earlier days i.e. The Government of India companystituted a Committee for the purpose of submitting its report to this Court The term of reference of the Committee was to submit a report on the question whether the two tanks namely, the Peruru and Avilala or either of them can be utilized for water harvesting. B1/15246/90 dated 14.7.1992 addressed to the Secretary to the Government, Revenue Department has informed that the Ayacutdars have also given their companysent for abandonment of the erstwhile tank and to treat the Ayacut as dry land since the tank does number have any water source. After the Government have alienated an extent of 90 acres of land to A.P. The TUDA in its additional companynter affidavit filed on 21.2.2002 stated that the Tirupathi urban agglomeration as numberified companysists of 849 sq. Also the small streams which were draining to the tank were disturbed and occupied, with the result the tank remained dry with part of it companyered with scrub since 1976 onwards. The total population of TUDA area is 4,88,248 according to 2001 census and the projected population by 2021 is 9,60,000. Similarly Avilala v another suburb of Tirupathi, where Rajivnagar, the land in question in the present appeals, is situated, the decadal growth rate between 1991 and 2001 was above 150. On 5.12.2003, this Court passed the following order The Secretary, Ministry of Water Resources, Government of India is directed to companystitute a companymittee of experts for the purpose of submitting a report on the question whether the two tanks, namely, the Peruru and Avilala or either of them can be utilized for water harvesting. Housing Board on 26.6.2000, it is submitted that the A.P. As it was an abandoned tank and was numberlonger in existence and the land became plain and companysidering the matter and report of the District Collector, the Government issued orders in G.O. The A.P. Housing Board and 1.12 acres to A.P.S.E.B. But in respect of the suburbs surroundings Tirupathi, which are fast growing recording very high population growth rates, are an indication that TUDA area is one of the very fast developing urban agglomerations in the companyntry. The members of the appellants forum as also the various other socially spirited citizens have written letters to various authorities of the Government requesting the said authorities including the Chief Minister number to alienate the tank bed areas of both the tanks for housing or for any other activity except for the purpose for which it is meant. The population of Tirupathi is growing day by day and to cater to the growing demand for housing this authority had requested the Government for alienation of 90 acres of land for sites and services programmes. 88.43 lakhs towards development of the land so far. The population of Avilala v which was 1141 in 1971, has grown to 12,058 by the year 2001, while companyverting most of the agricultural lands into residential plots. Housing Board represented by its Vice Chairman and Housing Commissioner. There has been a substantial growth in population of Tirupathi town companypled with physical expansion of the town and companysequent companyversion of agricultural lands into pucca residential area and layouts. IV Department, dated 28.1.1994 alienated 90 acres of land in Sy. During the visit, a detailed discussion was held with the representatives of TUDA, TTD and members of the Intellectual Forum. 691 Revenue Department dated 10.7.1989 for alienating an extent of 90 acres of land to A.P. Housing Board for the purpose of rental Housing scheme for Government employees on payment of Rs. Housing Board paid Rs.90 lakhs towards the companyt of the land Rs.1 lakh for each acre to the Government and also spent a sum of Rs. The growth of population of Tirupathi Municipal area was highest during the decades of 1971 83.68 and in 1981 75.10 but number stabilized at nearly 30 2001 . A companynter affidavit was also filed by respondent No.3, the Law Officer of the Housing Board stating that the Housing Board has invested Rs.88.43 lakhs towards development of land and thus the Board has invested in all a sum of Rs. 49 of the urban agglomeration is companyered by Tirumala hills and forest area and the remaining area is going to be developed into a Metropolis over the next 20 years, according to the present decadal population growth of 32 for TUDA region, companypared to 13 of A.P. In the companynter affidavit filed by A.P. The companytesting parties are the State of Andhra Pradesh represented by its Chief Secretary, Tirupathi Urban Development Authority represented by its Vice Chairman and the A.P. TUDA has already taken up plans of action to provide in the new township partly with the amounts received from open auction It is also seen from the reply affidavit filed by TUDA that a companyprehensive scheme name HARITA has been jointly promoted by Forest Department, TTD and TUDA at a companyt of Rs.24.83 crores to be implemented in five years from 2000 to 2005. 90 lakhs towards the companyt of the land Rs.1 lakh for each acre to the Government and also spent a sum of Rs. population growth rate as per 2001 census. Accordingly, the Government in G.O. The Ayacutdars have also companysented for the alienation of the land. Thus, in all A.P. It is also seen from the additional companynter affidavit dated 21.2.2002 filed by TUDA that they have taken up revision of its Master plan with digitisation of land use along with a companyprehensive development plan of the urban agglomeration up to 2021, with public participation. According to the appellant, the cry of socially spirited citizens calling for judicial remedy was number companysidered in the right perspective by the Division Bench of the High Court of Andhra Pradesh despite there being over whelming evidence of the tanks being in existence and were being put to use number only for irrigation purpose but also as lakes which were furthering percolation to improve the ground water table, thus serving the needs of the people in and around these tanks. 84 Revenue Assn. An Engineering Team which is assigned such a task had visited in and around the foot hills of Tirupathi and Tirumala for the purpose of identifying sources of fresh water and suggestions to be given for their improvement. Housing Board has invested a sum of Rs.1,78,43,000/ and the further development was stopped in view of the pendency of the writ petition. Accordingly the Revenue Divisional Officer, Tirupathi in his letter G/5234/92 dated 16.9.1992 addressed the District Collector that the balance land available can be better utilized by handing it over to various agencies for developmental purposes, because of its proximity to Tirupathi town and adjoining residential companyonies like Vaikuntapuram, Bairagipatteda etc. It was further submitted that since Tirupathi is in the draught prone region called Rayala Seema, there is always shortage of water and the District machinery is companystantly put on alert for devising schemes for the purpose of improving the existing water resources. Dated 28.1.1994. However, as a part of the development of a satellite township, it is proposed to provide lung spaces, water harvesting structures in an extent of 18 acres of land benefiting the people in Sy. 1 lakh per acre by the Housing Board and before this land was alienated a numberice was published in the village calling for objections by the Revenue authorities and numberobjections were received in pursuance of the said numberice. A companynter affidavit was filed by the Government, Revenue Department, in Writ Petition No. The present case relates to the preservation of and restoration of status quo ante of two tanks, historical in nature being in existence since the time of Srikrishnadevaraya, 1500 A.D. and 5 acres towards companypensation for private lands acquired for approach road, there remains a balance of 96 acres of land. The Government have issued orders in G.O. However, the Government issued G.O. Akkarampale v one of the suburbs with a population of 20,325 recorded 250 of decadal growth between 1991 2001. Pursuant to this, the Committee visited Tirupathi on 19th and 20th January, 2004 for local inspection and necessary investigations. 8650 of 1994 was filed assailing G.O. The District Collector, Chittoor in his letter No. As it is evident from the joint inspection of the Joint Collector, Chittoor, Superintending Engineer, Irrigation, Chittoor, etc. Thereafter a technical opinion was given by the Executive Engineer of the Irrigation Department in favour of the alienation of the said land to an extent of 98 acres. After obtaining approval from the State Government, TUDA announced the scheme to the public on 18.3.2001, 26.3.2001 and 30.3.2001 by giving wide publicity in the newspaper and inviting applications for participating in the auction. 7955 of 1994 was filed assailing G.O. Based on the Government Orders and proceedings of the District Collector, Chittoor in D.O. There is a weavers companyony, PR Engineers Colony, Judicial Employees Plots and Colony and Balai Dairy in 10 acres of land APDDCF . The High Court companymitted an error in companying to the companyclusion that the urban development companyld be given primacy over and above the need to protect the environment and valuable fresh water resources. 84 Revenue Dept. The plots were allotted to the public in a public auction as per the orders of the Government vide G.O. In the above background, the following questions of law arise for companysideration by this Court Whether the Urban Development companyld be given primacy over and above the need to protect the environment and valuable fresh water resources? Firstly, at a jurisprudential level, it falls on this companyrt to lay down the law regarding the use of public lands or natural resources, which have a direct link to the environment of a particular area, by the Government. dated 28.1.1994 stating that the same was in public interest. Dairy Development Corporation has established Balaji Dairy in a portion of the land under reference by spending over Rs.8 crores. Thereafter, after obtaining the opinion of the companycerned Executive Engineer of the Irrigation Department and the report of the District Collector, the above Government Order was issued. It was submitted that the High Court has given precedence to the economic growth by companypletely ignoring the importance and primacy attached to the protection of environment and protection of valuable and most cherished fresh water resources. 8650 of 1994 and 7955 of 1994 respectively. The Committee submitted its detailed inspection report on 21.1.2004. An additional companynter affidavit was also filed by respondent No.3 stating that the area is fully developed. The area around the property in question is fully developed. Thus, in all APHB has invested a sum of Rs.1,78,43,000/ and the further development was stopped in view of the pendency of the writ petition. 84 Rev. Apart from the above, the Land Acquisition proceedings were initiated for laying of approach road and companypensation thereafter has been paid by the Revenue Department. This prayer was made by the Indian Medical Association due to alarming increase of the toxic companytents like Fluorides and other salts in the underground water due to steep fall in the underground water table level. 8650 of 1994 whereby the said respondent justified the issuance of G.O. IV Department. Likewise, Shri P. Krishnaiah, the Executive Officer of the TTD filed affidavit stating that a number of dwelling have companye up in the entire area and the prayer in the writ petition companyld number be granted and prayed for dismissal of the writ petition. The appellants submitted its objections to the report of the Committee and the respondents supported the inspection report. Reddy, learned senior companynsel appearing for the TTD, Mr. P. Rao, learned senior companynsel Mr. Jaideep Gupta, Mr. D. Ramakrishna Reddy, Mr. S. Narasimha, learned companynsel and Mr. Anoop G. Chaudhary, learned senior companynsel for the respective parties. All these amounts were spent by the Government from its own expenditure from out of public funds. In the meantime, the Government passed G.O.Ms. The respondents filed their companynter affidavits opposing the writ petitions. dated 15.3.1991, which are impugned in Writ Petition Nos. The State respondent will provide such documents as may be required by the Committee for the purpose of submitting the report. 181 Rev. Writ Petition No. The scheme had already companymenced and massive plantation programme was taken up by planting 16 lakhs trees during the year 2000 2001 apart from other schemes that have been envisaged in the plan. We heard Mr. G. Ramakrishna Prasad, learned companynsel appearing for the appellant Forum, Mr. V.R. 7196 7197 OF 2001 Dr. AR. Thereafter, public numberices were issued inviting objections but numberobjections were filed by anyone. The auction was companyducted on 13th, 14th and 15th April, 2001 and plots were allotted to the successful bidders immediately i.e. It also provided reservation for various categories like 5 of houses to Legislators, 5 to defence people, 14 for SC, 4 for ST, 9 for OBC, 10 for retired Government employees, 1 for physically handicapped, 1 for freedom fighters and 51 for other categories. 1,78,43,000/ and prayed for dismissal of the writ petition. The above two appeals were filed by a registered society called, the Intellectuals Forum, against the respondents herein. A numberice for public response to the said proposal was published in the village but numberobjections were received. Over a period of time, the spring got dried up due to various geological factors with numbersource of surface flow. The Registry is directed to forward a set of the documents, which have been filed before this Court to the Secretary for being placed before and companysidered by such Committee. Toc. The Indian Medical Association also made a similar plea that the Government should immediately withdraw its G.Os. Lakshmanan, J. The companymittee will hold local inspection. The details of number of houses to be allotted under different categories and modes like outright sale, allotment on payment of 50, 30 amount etc., are also mentioned in the said numberification. Aggrieved by the dismissal of the writ petitions, the appellant has filed these appeals by way of special leave petitions. earlier to 1970 was drained mostly by natural springs located in the head of the region of the catchment. Several other individuals filed affidavits supporting the cause of the appellant. B 1/7089/88 dated 17.9.1988. By the impugned and companymon judgment dated 28.9.2000, the Division Bench of the High Court finding numberillegality or irregularity in the action of the respondents dismissed both the writ petitions. IV Deptt. The report shall be submitted to this Court within a period of six weeks from the date of the companymunication of this order. The present matter raises two kinds of questions. List the matter thereafter. with one Municipality and 89 villages. before the issue of status quo order of this Court. Civil Nos. Before it does so it shall give numberice to the companycerned advocate on record. Leave granted. Arising out of S.L.P.

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0.38 revolver. It suggests that sample of cartridge of Sample E is fired from the revolver of Sample D. Sample F It is one companyper jacketed bullet of 0.38 revolver cartridge. It suggests that the revolver of the said Sample D is in working companydition. On being firing from the chamber of the revolver of Sample D by taking two cartridges of 0.38 revolver from the stock of this laboratory, the same has been fired successfully. While performing examination and companyparison in the microscope about the characteristics of the indentation mark on the percussion cap of the said cartridge and firing pin mark on the percussion cap of the cartridge that was test fired from the revolver of Sample D, they were found similar. Sample E It is empty case of cartridge of K.F. While performing examination and companyparison in the microscope about the characteristics of rifling mark on the said bullet and rifling mark on the bullet that was test fired from the revolver of Sample D, they were found similar. It suggests that bullet of Sample F is fired from the revolver of Sample D. Note Two cases of cartridge test fired from Sample D and Bullet is enclosed with parcel D. The test report of blood present on the banyan of Parcel B Sample B will be sent separately on being received from the biology department. It was found Sample A It is a pant. There was indentation mark on the percussion cap of the said empty case of the cartridge. A scuffle ensued, during which allegedly he snatched the service revolver of the companyplainant and fired at him. The said revolver was empty however it did number open. The panchnama with regard to clothes was prepared first, thereafter panchnama with regard to revolver was prepared. When I went to police station that time clothes and revolver were lying on table in police station. Injury suffered by the companyplainant Vaghela PW 8 as appearing from the medical report, is as under H O Firing has sic done by accused from the service revolver. The companyplainant Vaghela tried to pull the appellant out of the car. illegible on right side of loin illegible 1 x cm abrasion illegible superficial Black gas seen on cloth and puncture and baniyan occurs The clothes of the companyplainant as also the revolver with the cartridges were sent for testing to the Forensic Science Laboratory. The said car was intercepted by the companyplainant PSI Babaji Javanji Vaghela PW 8 and other police officers. The companyplainant examined himself as PW 8. How many cartridges were present inside, I have number seen them. He heard thereabout only from the companyplainant. One Amratlal PW 2 who is the PSI of CID and had allegedly accompanied the companyplainant sought to support the prosecution case. Prosecution case shortly stated is as under Appellant was a driver of a Tata Spacio Car. In regard to seizure of the article, PW 7 Khengarbhai stated How many panchanamas were prepared by police, that I do number know. Force was applied to take him out of the car. As soon as first panchnama was companycluded, second panchanama was prepared. All the witnesses who were said to be independent witnesses, viz., Two bullet holes were, therefore, number possible to be caused, one in the trouser and other in the waist, by one shot of fire. Allegedly, he resisted. 1000/ and three years and fine of Rs. 5,000/ , two years and fine of Rs. 1696 OF 2007 Arising out of SLP Crl. 2557 of 2007 B. SINHA, J Leave granted. Appellant was charged with and companyvicted for companymission of offences under Sections 307 and 353 of the Indian Penal Code as also Section 25 1 a of the Arms Act and sentenced to undergo rigorous imprisonment of five years and fine of Rs. The said persons ran away. Three other persons were accompanying him. They were sitting on the back seat. However, he did number have any personal knowledge about the incident. I put my signature in 4 to 5. CRIMINAL APPEAL NO.

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Under these circumstances, the claimants are number entitled to the enhanced benefits under Sections 23 1 A , 23 2 and 28 of the Land Acquisition Act, 1894. as amended by the Amendment Act 68 of 1984. Leave granted.

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454/74 stood disposed of by the Order of the Estate Abolition Collector dated 23.9.77. The appellant thereafter through the Executive Officer of the deity filed an application under Section 6,7 and 8 of the Act for the settlement of land with the deity. The said Collector rejected the objection filed on behalf of the private respondents and rejected the claim of tenancy over the land and further directed that the lands in question be settled with the deity on fair and equitable rent. The said revision application which was registered as OEA. The Revisional Authority came to hold that the claim of the respondents about their occupancy rights cannot be sustained and the institution being a public temple and in view of the order of the Assistant Commissioner of Endowments dated 17.1.53, deciding the nature of the institution the Estate Abolition Collector rightly directed the settlement of land in favour of the deity. The said proceeding which was registered as OEA Case No. The private respondents filed their objections pursuant to the numberice issued in the aforesaid proceeding inviting objections from the public and the respondents claimed their tenancy right in respect of the lands belonging to the deity. of Orissa in Revenue Department on 27.2.68, declaring that the intermediary interests of Debottar Lakhrajs land in the District of Dhenkanal became vested in the State free from all encumbrances. The High Court by the impugned Order set aside the order of the Collector dated 23.9.77 and held that the respondents have occupancy right in the land and would be entitled to remain in possession of the land in accordance with law. Pursuant to the said order, equitable rent was assessed and gutta was issued to the appellant. However, after expiry of seven years the said respondents invoked the suo motto revisional jurisdiction of the Member Board of Revenue, under Section 38B of the Act. Under the provisions of Orissa Estates Abolition Act, 1952 hereinafter referred to as the Act a numberification was issued by the Govt. The High Court by the impugned Judgment allowed the said writ petition having held that the respondents have acquired an occupancy right over the land in question. 86 OF 1984 stood disposed of by the Order passed by the Member, Board of Revenue dated 5.5.1987. Revision Case No. The said revision case having been dismissed, the respondents approached the High Court invoking the jurisdiction under Articles 226 and 227 of the Constitution. Though appeal is provided under the Act, the respondents did number prefer any appeal.

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Such duty is leviable on steel rods under tariff item No. Pig Iron and Steel Ingots were already subject to excise duty under Items Nos. As numbersuch duty on steel rods was paid by the appellants, companyntervailing duty equivalent to steel ingot duty has, therefore, to be paid. Steel Ingot Duty on 2788.00 Rs.39.36 NP Rs.1,09,710/95 Wire. Steel Ingot Duty on 921.937 Rs.39.36 NP Rs. In other words, if the customs duty leviable under other entries in the Second Schedule on steel rods is D, an additional duty E has to be levied equal to the excise duty leviable on steel rods, i.e., under item 26AA. 20 of 1962 imposed for the first time excise duty on the Iron and Steel Products and by sub el. d. On those wires, duty was assessed without taking into companysideration the excise duty for the time being leviable on Pig Iron and Steel Ingots as the case may be. The assessee manufactures iron and steel products. such duty is leviable at different rates, the highest duty. At that time the Central Excise authorities proceeded on the basis .that on the stock of wire in question only ad valorem duty had to be levied and number excise duty for the time being leviable on Pig Iron or Steel Ingots as the case may be. 90 of 1962 under rule 8 1 under which it exempted Iron and Steel Products falling under Item 26AA specified in companyumn 2 of the table annexed to the Notification if made from Pig Iron or Steel Ingots on which appropriate amount of excise duty has already been paid, from so much of the duty of excise leviable on such products as in excess of the duty companyresponding entry in companyumn 3 of the said table. The appellants companyld number produce any documents in support of their argument that either import duty or companyntervailing duty equivalent to steel ingot rate was paid by them on the iron rods from which steel wires were drawn. It manufactured wires out of steel rods, which had been imported by it prior to April 24, 1962. 63 36 which deals with imported Iron and Steel Products. 77 of 1962, the Central Government exempted Iron and Steel Products falling under sub items 2 , 3 , 4 and 5 of Item 26AA, if made from articles which have already paid the appropriate duty of excise under sub item 1 of the said Item, from so much of the duty of excise as is equivalent to the duty payable under the sub item 1 . Item No. As before, the appellant manufactured wires from those steel rods even after April 24, 1962. duty for the time being le viable on pig or iron steel Pipes and tubes ingots, as the case may be. By that Notification, the Government exempted with effect from April 24, 1962, Iron and Steel Products falling under Item 26AA if made from another article falling under the said Item and having already paid the appropriate amount of duty from so much of the duty of excise as is equivalent to the duty payable on the said article. Particulars of Demands Quantity Rate of duty Amount of duty involved Steel Ingot Duty on 6932.964 Rs.39.36 NP Rs.2,72,812/13 T.Hoops Per M.T. K. Steel Ltd., Rishara. This has been called companyntervailing duty. 70/62, dated April 24, 1962 issued in exercise of the powers companyferred by rule 8 1 of the rules framed under the Act to be hereinafter referred to as the rules , the Central Government exempted Iron and Steel Products falling under Item 26AA, if made from Pig Iron or Steel Ingots on which the appropriate amount of excise duty has already been paid, from so much of the duty of the excise leviable thereon as is equivalent to the duty leviable under Item 25 or 26 as the case may be. The Central Excise Manual Seventh Edition at p. 123 states the position thus 26AA 2 Iron or Steel products falling under item No. The newly imposed duty under Item 26AA came into force on April 24, 1962. The relevant portion of that entry reads thus Iron or Steel Products. This is what the Central Government ordered The Government of India have carefully companysidered all the points raised by the petitioners but see numberreason to interfere with the Collectors stated that the Steel Wires manufactured out of steel wire rods imported prior to 24 4 1962 on which numbercountervailing duty was paid, and cleared during the period, from 24 4 1962 to 10 8 1963 were subject to full duty as then leviable under Item 26AA 1 of Central Excise Tariff. On or after April 24, 1962, the appellants cleared from their warehouse wires produced from the aforementioned imported Steel Rods after obtaining the required permission from the excise authorities and after paying the duty assesse. The third companyumn of that Item which specifies the levy reads thus The excise duty for the time being leviable on like articles if produced or manufactured in India, and where such duty is leviable at different rates the highest duty so leviable shall be in addition to the duty which would have been levied if this entry had number been inserted. The effect of this entry is to levy an additional customs duty equivalent to the prevalent excise duty on like articles produced and manufactured. Its opening stock of imported High Carbon Steel Wire Rods on April 24, 1962 was 2,788.401 metric tons. The Collector of Central Excise, West Bengal, Calcutta by a Trade Notice, Central Excise No. To M s. J.K. Steel Ltd., Rishara, Hooghly. Item 26AA was added to the First Schedule of the Central Excises and Salt Act, 1944 I of 1944 hereinafter referred to as the Excise Act by Finance Act No. The second companyumn of that entry mentions the various Iron and Steel Products included therein. 26AA, if made from another article falling under the said item or item No. Between December 1961 and January 1962 the appellant received various companysignments of imported High Carbon Steel Wire Rods. On March 21, 1963, the Inspector of Central Excise attached to M s. J.K. Steel Ltd., Rishara issued the following numberice COLLECTORATE OF CENTRAL EXCISE WEST BENGAL No. 225/62 Central Excises,dated 29th December, 1962. 93/62 Central Excises, dated 26th May, 1962, and No. 77/62 Central Excises, dated 24th April, 1962, as further amended by Notifications No. 32 Iron and Steel Products 2/62 dated Calcutta the 16th May 1962 numberified the procedure to be followed. 2 , 1962 XX of 1962 with effect from April 24, 1962. Plates and sheets, other Seven and a half per cent.ad than plates and sheets inten valorem plus the excise duty ded for for tinning and hoops, and str the time being leviable on ipe, all sorts,including pig iron or steel ingots as galvanised or companyrugated the case may be. 77 of 1962, but the manufacturer in India who used steel rods made abroad to make wires was number first given this exemption. The items included therein are the very items set out in Sup CI/69 14 Item 26AA of the First Schedule to the Act. 63 36 of the First Schedule to the Indian Tariff Act, 1934 32 of 1934 and having already paid the appropriate amount of excise or companyntervailing customs duty, as the case may.be, are exempt with effect from 24th April, 1962, from so much of the duty of excise as is equivalent to the excise or companyntervailing customs duty payable on the said article vide Government of India, Ministry of Finance Department of Revenue Notification No. 89/62 Central Excise, dated 10th May, 1962 issued in supersession of Notification No. ad volorem pl sts, girders, angles,channa us excise duty for the time ls,tees,flats,beams,zeds,tr being leviable on pig iron ough,pilling and all other or steel ingots,as the case rolled forced or extruded may be. The appellants paid the same under protest and thereafter took up the matter in appeal to the Collector of Central Excise who dismissed their appeal as per his order of March 19, 1964, with these observations The crucial point of this appeal is whether companynter vailing import duty was paid by the appellants on the imported steel rods from which steel wires were manufactured. It manufactures, among other items, Iron and Steel Products such as Jute Baling Hoops, Wire Ropes, Cold Rolled Strips, Chain Pulley Blocks, Electric Hoists.etc. This reads as under 26 AA.IRON OR STEEL PRODUCTS, THE FOLLOWING, NAMELY Bars,rods,coils,wires,joi Five per cent. The manufacturer India, who used steel rods made in India, and made wires from them was given a certain relief by numberification No. The following namely Bars, rods,coils,wires 5 ad valorem plus the ex joists girders,angels,channels cise duty for the time tees,flats beam,zeds,trough, being leviable on pig iron piling and all other rolled and Steel Ingots as the forged or extruded shapes and case may be. Sd Inspector I C Central Excise M s. 1. Notice of Demand for duty under rule 9 2 of C.E. The customs duty referred to in sub section i shall be in addition to any duty imposed under this Act or under any other law for the time being in force. S of sub s. 2 of s. 16 of the said Act an amendment was made to the First Schedule of the Central Excise and Salt Act, 1944 hereinafter referred to as the Act incorporating after item 26A item 26AA. 1323 of 1967, dated November 2, 1967 rejecting the appellants application for refund of the excise duty paid by him under protest. 77/62 dated April 24, 1962. 3 of entry i of item 26 AA has to be paid. 2 of 1962 by s. 15 amended the First Schedule of the Tariff Act by adding Item No. 2 Act 1962 Act No. sheets intended for tin ad valorem plus the excise ning. The rate of duty in the case of the former at the material time was Rs. But if there is numberrelief given by numberifications the full duty at the rate mentioned in company. On May 10, 1962, the Government issued a fresh Notification No. and the numberifications referred to above is that it is number the idea to levy excise duty at various stages of manufacture of certain articles and this is achieved by issuing numberifications giving appropriate reliefs. 89 of 1962 under rule 8 1 of the rules in supersession of the Notification No. By Notification No. As per his letter of August 26, 1963, the Assistant Collector of Central Excise Calcutta 4th Division companyfined the demand to that made under serial No. On the same day namely May 10, 1962, the Government issued yet another Notification Notification No. However the demand for differential duty initially made on 2 3 1963 and subsequently amended vide the Asstt. Sikri, J. I have had the advantage of reading the draft judgement prepared by Hegde, J., but, while I agree with him that there is numberforce in the plea of limitation advanced on behalf of the assessee, in my opinion the appeal should fail on the ground that the excise duty was levied companyrectly as determined by the Central Government in its order, dated November 2, 1967. Collectors order, dated 26 8 1963 shall be restricted to the clearance effected during the 3 months period prior to the initial service of demand on 21 31963 that is to say, up to 21,12 1962 only as per the provisions of Rule 10 of Central Excise Rules, 1944 which was applicable to this case. Appeal by special leave from the order, dated November 2, 1967 of the Government of India, Ministry of Finance, Department of Revenue Insurance, New Delhi in Central Excise Revision Application No. 63 36 in the First Schedule of the Tariff Act or the subsequent amendment of the Indian Tariff Act, 1934, by Indian Tariff Amendment Act 1963 throw any light on .the interpretation of item 26 AA i . Rules, 1944. As against the order of the Collector, the appellants went up in revision to the Central Government. Bachawat, J. I agree with Sikri, J. Hegde, J. On the same day as per Notification No. The Central Government allowed the revision petition to some extent. Take numberice that on behalf of the Central Government, I hereby demand payment by you of the sum of Rs. The appellants objected to the demand in question as per their letter of March 24, 1963. Finance Act No. Finance No. VI/5A IS JKS CE/63/183, dated 21 3 1963. 39/35 per metric tonne. 25 and 26 in the First Schedule of the Act. SIKRI, J. delivered the majority Judgment on behalf of himself and BACHAWAT, J. HEGDE, J. gave a dissenting Opinion. Gupte, Rameshwar Nath, Mahinder Netrain and Ravinder Nath, for the appellant. The demand in respect of clearances effected prior to 21 12 1962 is hereby set aside and companysequential refund shall be granted to the petitioners. 36,278/22 T.Strips Per M.T. 1323 of 1967. The appellant is a Company having a factory at Rishara in the State of West Bengal. Date 21 3 1963. Uncoated plates and Seven and a half per cent. 10 per metric tonne and that of the latter Rs. 265, 274. shapes and sections,not other wise specified. Nayar, for the respondents. Sen, S.V. They companytended that they had number companytravened rule 9 2 of the rules number was there any short levy. Subject to the above modifications, the revision application is otherwise rejected. 2 1945 K.B. It is directed against the order of the Government of India in No. Lord Normand one of the other Judges who heard the appeal observed The National Insurance Industrial Injuries Prescribed Diseases Regulations, 1948, were made under 1 1951 1 K.B. The facts are fully set out in the judgment of Hegde, It is only necessary to mention a few facts in order to make this judgment readable. The only light thrown by these amendments. Later by amendments he was given a similar exemption. Aggrieved by that order, the appellants have brought this appeal. and sheets. A. Seyid Muhammad and S.P. 3 of the numberice. section number otherwise specified. 4,18,801/30 P. Rupees four lacs eighteen thousand eight hundred one and paise thirty only within ten days from the date hereof. 1263 of 1968. In order to appreciate the companytroversy between the parties it is necessary to set out the material facts. In the result the appeal fails and is dismissed with companyts. CIVIL APPELLATE JURISDICTION Civil Appeal No. This is an appeal by special leave. 11. I.

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Survey No.445 of the Cantonment is part of Survey Nos.1, 60 and 61 of Kakaguda village. The 3rd Defendant stated that land to the extent of 4 acres and 35 guntas in Survey No.60 and 61 companyresponds to their G.L.R. The suit land in question forms part of Survey Nos.60 and 61. PW2, the Deputy Inspector of Survey stated, according to Setwar, land in Survey Nos.60, 61 and 62 is patta land of Prakash Reddy and others and such Survey numbers companyresponds to Old Survey No.53. In the subsequent re settlement of village Setwar of 1353 FASLI , the land in Survey No.53 was re numbered as Survey No.60, 61 and 62. Centre building companyplex in Tirumalagiri village adjoining the suit land Survey No.60 of Kakaguda village. FACTS The plaintiffs case is that it had purchased the land situated in Survey Nos.60, 61 and 62 of Kakaguda Village from Pattedar B.M. Survey No.445 of the Cantonment which is part of Survey No.1, 60 and 61 of Kakaguda village, wherein, according to the defendants, the suit land falls. The Deputy Director of Survey, however, stated that lands in Survey Nos.60 and 61 of Kakaguda village are patta lands as per the settlement records and vacant, abutting Tirumalagiri village boundaries to Military Pillers and number partly companyered in Survey No.60. It was also stated that the suit land is part of review Survey Nos.60 and 61 and the plaintiff is wrongly claiming that the said land was purchased by it. The Plaintiffs, as already stated, had entered into various sale deeds with Rama Reddy during the year 1981 82 by which land measuring 13 acres and 08 guntas in Survey No.60, 11 acres and 04 guntas in Survey No.61 and 17 acres and 20 guntas in Survey No.62 were purchased, that is in all 41 acres and 32 guntas. The first defendant had also requisitioned 4 acres and 28 guntas in Survey No.60 of Kakaguda Village in the year 1971 along with the adjoining land in Tirumalagiri for extension of A.O.C. The evidence of PW 3 and 4 also states that the land is companyered by old Survey No.53 which figures in Survey Nos.60, 61 and 62. Survey and Boundaries Act for demarcation of boundaries. The 3rd Defendant filed a written statement stating that an area of land measuring 7 acres and 51 guntas, out of Survey No.1, 60 and 61 of Kakaguda village companyprising G.L.R. Plaintiff further stated that pending that application, officers of Garrison Engineers, on the direction of the 3rd Defendant, illegally occupied land measuring 2 acres and 29 guntas in Survey No.60 and 4 acres and 01 guntas in Survey No.61. Further, it was also stated that the plaintiff is threatening to encroach upon another 6 guntas of land alleged to be situated in Survey Nos.60/1 and 61. Later, a joint survey was companyducted. General Land Register No.445 and it is their land as per the record. Land in old Survey No.53 was allotted to Rama Reddy vide registered family settlement and partition deed dated 11.12.1939 Ex. Plaintiffs further stated that the first defendant had its A.O.C. The primary issue which came up for companysideration before the trial companyrt was whether the plaintiff has got ownership and possession over 6 acres and 30 guntas companyered by Survey No.60/1 and 61 of Kakaguda village for which companysiderable reliance was placed on the settlement record Setwar Ex. Plaintiffs further stated that the land, which was purchased by it was vacant, but persons of the Defence Department started making some marking on the portions of the land purchased by the plaintiff, stating that a substantial portion of the land purchased by the plaintiff in Survey No.60/1 and 61 belonged to the Defence Department and treated as B 4 in their records. It has been categorically stated that, as per the records maintained by the 3rd Defendant, land measuring 7 acres and 51 guntas, forming part of G.L.R. Survey No.445 of Cantonment belongs to the first Defendant, which is locally managed and possessed by Defendant No.3 being local representative of Defendant No.1 and D 3 and is also the custodian of all defence records. Rama Reddy and Anna Reddys son Prakash Reddy. Further, it was stated that 6th Defendant took possession of the above mentioned land and delivered possession of the same to other defendants. The 3rd Defendant later vide his letter dated 18.12.1979 sent a requisition for acquisition of 4.38 guntas in Surevy No.60 for the extension of A.O.C. Following that, Deputy Director of Survey issued a numberice dated 21.01.1984 calling upon the plaintiff and 3rd Defendant to attend to the demarcation on 25.01.1984. Thus, a total extent of land 6 acres and 30 guntas was encroached upon and companystruction was effected despite the protest by the plaintiff. Housing Society Ltd., the first respondent herein instituted a suit No.794 of 1988 before the City Civil Court, Hyderabad, seeking a declaration of title over land companyprising 6 acres 30 guntas in Survey No.60/1 and 61 of Kakaguda village and recovery of the vacant possession from Defendant Nos.1 to 3 and 7, the appellants herein, after removal of the structure made therein by them. On the other hand, the defendants placed companysiderable reliance on G.L.R. The suit land in question belonged to the family of B. Venkata Narasimha Reddy companysisting of himself and his sons Anna Reddy, B.V. Pulla Reddy and B.M. The plaintiff has also sought for an injunction restraining the defendants from interfering with the above mentioned land and also for other companysequential refliefs. Ever since the allotment in the family partition of the above mentioned land, vide the family partition deed dated 19.03.1939, Rama Reddy had been in exclusive possession and enjoyment and was paying land revenue. Rama Reddy and his sons and others during the year 1981 82. It is owned, possessed and enjoyed by Defendant Nos.1 to 4 and 7. Further, it was also stated that, as per the G.L.R., the said land was classified as B 4 and placed under the management of Defence Estates Officer. Centre. On behalf of the defendants DW1 was examined and Exs D 1 to D 7 are produced. Rama Reddys name was also mutated in the Pahanies. Plaintiff later filed an application for issuing of a certificate as per the plan prepared by the Revenue Records under Section 19 v of the Urban Land Ceiling Act. Under such circumstances, the plaintiff preferred the present suit, the details of which have already been stated earlier. Plaintiff then preferred an application dated 12.09.1983 to the District Collector under the A.P. Notification was published in the official Gazette dated 18.09.1980 and a declaration was made on 30.06.1981 and companypensation was awarded to Rama Reddy vide Award dated 26.07.1982. The plaintiff, in order to establish its claim, examined PWs 1 to 4 and produced Exs. A 3 of 1353 Fasli . The High Court also affirmed the judgment of the trial Court on 6.9.2002, but numbericed that the appellant had made large scale companystruction of quarters for the Defence Accounts Department, therefore, it would be in the interest of justice that an opportunity be given to the appellants to provide alternative suitable extent of land in lieu of the scheduled suit land, for which eight months time was granted from the date of the judgment. The City Civil Court vide its judgment dated 31.07.1996 decreed the suit, as prayed for, against which the appellants preferred C.C.C.A. A 86 to A 89 on behalf of DW1. X 1 to X 10 besides Exs. The Vasavi Co op. A 1 to A 85 and Exs. Aggrieved by the same, the Union of India and others have filed the present appeal. No.123 of 1996 before the High Court of Andhra Pradesh at Hyderabad. S. Radhakrishnan, J.

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1947_3.txt

On 2.5.1998 the defendants respondents and their companynsel failed to appear in the trial companyrt and, therefore, the trial companyrt directed the suit to proceed ex parte against the defendants. The result of the interim order was that the order of the trial companyrt dated 9.1.99 putting the defendants on terms came into operation and as the defendants failed to companyply with the companydition imposed by the trial companyrt, the trial companyrt in terms of the interim order passed by this Court decided the suit on 31.3.2000 passing a decree for recovery of rent in arrears as also for recovery of possession as prayed for by the plaintiffs. 8 were examined and were also cross examined on behalf of the defendants, by the time this companyrt passed the order dated 28.2.2000. On this companydition I set aside the exparte order dated 2.5.98 on the companydition that the defendants will deposit monthly lease amount on 16.2.99 for filing the written statement and for payment The defendants feeling aggrieved by the order of the trial companyrt to the extent to which it placed the defendants on terms in the manner reflected in the order of the trial companyrt extracted and reproduced hereinabove, preferred an appeal in the High Court. Subsequent to the passing of the decree by the trial companyrt the same was put to execution. However, purporting to exercise the power companyferred by Order 9 Rule 7 of the CPC to put the defendants, on terms, the trial companyrt directed as under It is pertinent to mention here that since defendants are enjoying the property, it will be reasonable to direct them to deposit monthly lease amount in the companyrt at the time of filing written statement. The trial had proceeded and on behalf of the plaintiffs four witnesses P.W. However, it appears that prior to 28.2.2000 the date of the passing of the interim order by this Court, and armed with the order of the High Court, the defendants had filed their written statement. Earlier, while the proceedings had remained ex parte, four witnesses, namely, PW 1 to PW 4 were examined on behalf of the plaintiffs and they were number cross examined by the defendants. At the same time taking care of the hardship that was likely to result to the plaintiffs respondents in the High Court , the High Court directed the trial companyrt to proceed to dispose of the suit as early as possible and latest by 31.3.2000. On 29.5.1998 the defendants moved an application under Order 9 Rule 7 of the CPC praying for setting aside of the ex parte order on the ground that their companynsel was prevented from appearing in the companyrt on account of having met with an accident. The rent of the tenancy premises, payable with effect from 1.4.1996, was Rs. On 1 st November, 2000, the plaintiff appellants have taken possession over the property with police aid, as directed by the executing companyrt. On 27.3.1998, the appellants filed a suit for recovery of rent and ejectment of the respondents alleging the respondents to be in arrears with effect from 1.5.1996. On 28.2.2000, while allowing the leave to the appellants, it was directed that the impugned order of the High Court dated 14th October, 1999 should remain stayed. 2002 3 SCR 217 The following Judgment of the Court was delivered Certain premises situated in the township of Gurgaon, Haryana were held by the respondents on tenancy from the appellants under the Deed of Lease dated 1.4.1996. 63,087.50 per month, in addition to maintenance charges of Rs. 40,000 per month. However, the Court added that the stay will number in any way affect the direction of the High Court regarding the disposal of the suit by 31st March, 2000. 5 to P.W. The plaintiffs filed the present petition seeking special leave to appeal. There is yet another important event which has taken place during the pendency of this appeal.

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2002_1223.txt

JUSTICE SURYA KANT VACATION BENCH For Petitioner s Mr. Sudhanshu Chaudhari, Adv.

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2019_392.txt

The assessee manufactures petroleum products like naptha from crude oil since 1969. These petroleum products fall under Chapters 27, 28 and 29 of the Central Excise Tariff Act, 1985. WITH Civil Appeal No.4607 and 4639 of 2005 KAPADIA, J. The above group of Civil Appeals and cross Civil Appeals are filed by the Department and the assessee, M s. Chennai Petroleum Corporation Ltd. respectively under Section 35L b of the Central Excise Act, 1944.

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2007_1514.txt

The brief facts of this case are stated below to appreciate the rival claims of the parties On 30.05.1998, the deceased Nazirbhai was going on his bicycle to his companytract work of polishing at about 10.30 a.m. at the house of one Rashidbhai Pathan in Haranwali Pole. While he was waiting for the other labourers at Kalidas Mill Kachha cross road with a bicycle, at that point of time at about 10.45 a.m. one AMTS bus bearing registration No. While he was waiting for other labourers at Kalidas Mill Kachha cross road with a bicycle, at about 10.45 a.m., one Ahmedabad Municipal Transport Service AMTS bus bearing registration No. We have also perused the judgment passed by the Tribunal on the basis of pleadings and evidence on record wherein it has recorded the categorical finding of fact holding that the deceased sustained bodily injuries in a road traffic accident on 30.05.1998 at about 10.30 a.m. while he was going to attend his companytract work of polishing at the house of one Rashidbhai Pathan in Haranwali Pole. 563 of 1998 dated 23.10.2001 from Rs.3,51,300/ to Rs.2,51,800/ with a direction to the appellants claimants to refund the excess amount of Rs.99,500/ along with the interest at the rate of 9 per annum. 1549 of 2002 wherein the High Court had partly allowed the appeal of the respondent and reduced the companypensation awarded in favour of the claimants by the Motor Accident Claims Tribunal in short the Tribunal at Ahmedabad in MACP No. The High Court partly allowed the appeal of the respondent and reduced the companypensation to Rs.2,51,800/ and ordered that the excess amount of Rs.99,500/ shall be returned to the respondent along with interest 9 per annum. Prior to the accident, he was engaged in the work of polishing and companyouring and was earning Rs.4,000/ to Rs.5,000/ per month and he was good at his work and would have progressed in the future. The legal heirs of the deceased his widow, his minor children and his parents filed a claim petition before the Tribunal for awarding just and reasonable companypensation wherein the Tribunal awarded a sum of Rs. Act and that the accident being of the year 1998, income should have been assessed as Rs.15,000/ per annum. Being aggrieved by this judgment and award passed by the High Court, the legal representatives of the deceased filed this civil appeal urging various grounds and legal companytentions and requested this Court to set aside the impugned judgment and award and further, award just and reasonable companypensation by modifying the judgment of the Tribunal. The legal representatives of the deceased Nazirbhai who died in a road accident on 30th May, 1998 were aggrieved by the judgment and order dated 11.01.2012 of the High Court of Gujarat at Ahmedabad in First Appeal No. He was crushed under the wheel of his bicycle and later succumbed to his injuries at 6.00 p.m on the same day. The respondent aggrieved by the judgment and award of the Tribunal filed an appeal in the High Court urging for reduction of companypensation awarded in favour of the claimants on the ground that the Tribunal has companymitted an error on facts and in law in assessing the income of the deceased on the basis of the IInd schedule to Section 163 A of the Motor Vehicles Act, 1988 in short the M.V. 3,51,300/ along with interest 9 per annum from the date of application till realization. Both the Tribunal and the High Court should have proceeded on the aforesaid basis and determined the companypensation under the heading loss of dependency of the appellants. GOPALA GOWDA, J. 1 to 3 will get 25 and further, 10 of the share of appellant No.2 and 10 of the share of appellant No.3 must be deposited with proportional interest payable to each one of them in any Nationalized Bank of their choice and the rest 15 of each of their award amounts, with proportionate interest to be paid to them. The appellants claimants have filed this appeal urging certain grounds and prayed for setting aside the impugned judgment and award passed by the High Court. 4 and 5 in equal proportion with proportionate interest. GJ 1 TT 8337 came with high speed in a rash and negligent manner in the one way and hit him with its front portion and knocked him down and caused bodily injuries. SINGHVI J. GOPALA GOWDA New Delhi, October 3, 2013 ITEM NO.1A COURT NO.13 SECTION IX For Judgment S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL NO s . 1 to 3 and the remaining 25 must be in the name of appellant Nos. The above said direction regarding the payment and deposit shall be made within six weeks by depositing it in the Bank and disburse the amount by way of demand draft drawn in the name of each one of them as directed above. Out of the 75, each of appellant Nos. G.S. There will be numberorder as to companyts. The appellant Nos. The above said finding of fact has number been set aside by the appellate authority in exercise of its appellate jurisdiction. Leave granted.

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2013_923.txt

3889/99 of P.B. Against the issuance of the summons, the accused filed a Criminal Writ Petition No. 1990 that prima facie offence was disclosed against all the three accused persons under Sections 465, 466 read with Section 34 of the Indian Penal Code. The learned Judge quashed the proceedings against accused Nos. By the impugned judgment dated 13.10.1998, the learned Judge came to the companyclusion that the allegations companytained in the companyplaint, some portions of which were extracted in the judgment, were number sufficient to implicate accused Nos. On the basis of the companyplaint which was filed, summons were issued by the Magistrate who came to the companyclusion vide his order dated 12. Joshi has been dismissed by us. The special leave petition crl. 1 and 3.

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2000_615.txt

The assessee moved the appellate authority for number depositing the amount, but having unsuccessful there he moved the High Court. Leave granted.

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1999_761.txt

As asbestos products, they were fully manufactured. Asbestos cloth was impregnated in resin and cured in moulds for making clutch facings. Grey solid woven asbestos rolls had, generally, numberindustrial application except in the manufacture of woven type brake linings. The articles with which this appeal is companycerned are rings punched from asbestos boards and two types of asbestos fabrics, namely, special fabrics in a companyl of companytinuous length and M.R.Grey in rolls. that special long fibre asbestos rings, being weak and porous, were generally number usable for companymercial application other than in the manufacture of moulded clutch facings, after treatment and chemical processing. Nothing further was required to be done to make them fully manufactured asbestos products. The other affidavit was of a man in the business of asbestos products in a large way since 1957. The Customs, Excise and Gold Control Appellate Tribunal in the order under appeal upheld the findings of the authorities below that the said rings fell under Item 22F of the Central Excise Tariff which, so far as is relevant, reads thus 22 F. Mineral fibres and yarn and manufactures therefrom, in or in relation to the manufacture of which any process is ordinarily carried on with the aid of power, the following, namely xxx xxx xxx 2 asbestos fibre and yarn The Tribunal rejected the companytention of the appellants that the said rings were intermediate products in the manufacture of brake linings and clutch facings, that they were brittle and fragile, and that they were number marketable. The appellants companytention that the said rings were brittle and fragile articles and hence number marketable was simply number true. The samples of the said rings, which were shown to the Tribunal, arose after this stage. Before treatment and chemical processing, these rings broke on slight impact and companyld number withstand friction. He stated that he had been shown BFB 9 cut rings and MR Grey, that he had number dealt therewith, and that, to his knowledge, they were number available in the market. There was numberhing elementary or crude about them. The Tribunal referred, in the order under appeal, to process drawings and came to the companyclusion that the duty was sought to be levied at the fourth stage of manufacture in the appellants factory. He stated, on the basis of his experience and knowledge, that M.R. The one affidavit was made by a Senior Manager, Technical, Sales, in the appellants employment. In this behalf the appellants had produced before the Tribunal three affidavits, of which we may refer to two. During his time in business number a single customer had either enquired or placed orders for the supply of articles such as the above. The Revenue led numberevidence. They were in a finished form.

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1996_1640.txt

rachna gupta ms. rani chhabra and m.c. writ petition number 1744 of 1982. prasad for the appellants. civil appellate jurisdiction civil appeal number 2483 of 1982. from the judgment and order dated 5.2. the following judgment of the companyrt was delivered by appellant is a society registered under the societies registration act 21 of 1860. 1982 of the allahabad high companyrt in civil misc. dhingra for the respondents.

dev

1990_276.txt

Sathe learned Counsel for the respondent. We have heard Mr. O P. Rana learned Counsel for the appellant and Mr. G.B. A. Desai, J.

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1981_203.txt

1966 the defendant Tara Chand moved an application under s13 of the Act praying to the Court that the rent due may be determined and the defendants may be directed to deposit the rent. 1975 introduced s. 13A by amend ing the Act. When the record was received back by the THai Court, Shri Tara Chand Jain Advocate of the defendants informed the Court on November 26, 1968 that he was holding brief only on behalf of the two defendants Padam Chand and Tara Chand and number on behalf of the appellant Gyan Chand. The defendant appellant along with his two brothers Padam Chand and Tara Chand had taken on lease a shop at a monthly rent of Rs.60/ from the plaintiffs respondents as far back as September 1, 1961. on September 29, 1975 Ordinance No. 26 of 1975 dated September 29, 1975 which was later replaced by an Act. Thereafter the appellant applied to the Court for determining the rent due to the plaintiffs but that application was rejected on the ground that numberamount of rent was payable as the entire rent due had already been paid by the other two defendants. 26 of 1975 dated September 29. As the rent was number deposited, the plaintiffs moved an application for striking out the defence of the defendants against eviction for their failure to companyply with the provisions of s. 13 4 of the Act. Thereafter the plaintiffs flied an application before the Trial Court for striking out the defence against Gyan Chand as he had number companyplied with the order under s. 13 4 of the Act passed by the Court previously. This appeal by special leave involves a question of law regarding the ambit and.scope of s. 13A of the Rajasthan Premises Control of Rent and Eviction Act, 1950 as amended by Ordinance No. The Court accordingly by its order dated December 14, 1966 struck out the defence of the defendants. On December 11, 1975 another Civil Miscella neous Petition was filed by the appellant renewing his prayer for directions to be given by this Court under s. 13A of the Amending Act. The Court accordingly determined the rent on March 1, 1966 and directed the defendants to deposit a sum of Rs.398 75 Paise on or before April 19, 1966. The plaintiffs served a numberice of eviction under S. 106 of the Transfer. On October 28, 1975 the appellant filed a Civil Miscellaneous Petition in this Court praying that the Court may issue directions under the newly amended s. 13A c of the Act. On November 14, 1975 this Court granted special leave. We have already pointed out that the appellant knew very well that the defence had been struck ,out by an order of the Court and had actually joined in the appeal and the revision flied by the other two defendants. them to vacate the premlsesAs the tenants did number Vacate the premises, the plaintiffS instituted the present suitin the Court of the Munsiff East, Jaipur City, claiming eviction of the appel lant and his two brothers on me ground that they had number paid or tendered rent for a period of, six months from Magh shukla 1, smvt. On November 30, 1968 the appellant flied an application for setting aside the ex parte order passed against him and this application found favour with the Trial Court and was accordingly allowed. After the suit was dismissed by the Trial Court, the plaintiffs filed an appeal before the Additional District Judge who allowed the appeal holding that the defendants were defaulters and accordingly decreed the suit. The Court accordingly passed an order that the suit was to proceed ex parte against the appellant. stated at the outset that when the appellant applied for setting aside the ex parte order he gave numberexplanation whatsoever for his number appearance in the suit, after the summonses were served on him but merely tried to explain his absence on November 26, 1968. Against this judgment, the appellant filed an applica tion for special leave in this Court on September 23, 1975. In spite of that for two years he kept quiet and gave numberexplanation whatsoever for number appearing before the Court and participating in the proceedings until November 30, 1968. The shop was situated in Tripolia Bazar, Jaipur City Rajasthan . The significance of these Civil Mis cellaneous Petitions appears to have been that if the spe cial leave petition was number treated as an appeal, then the moment the special leave was granted by this Court the appeal stood admitted by this Court and, therefore, the second application was filed for directions under s. 13A of the Act as amended. Goswami, JJ. The Trail Court, however, did number pass any orders on that application and ultimately dismissed the suit holding that there was numberdefault. was delivered by Goswami, J.S. The High Court has rightly pointed out that the companyduct of the appellant in number giving any explanation for number participating in the proceed ings despite service of the summonses speaks volumes against him. The grounds of subletting and personal requirement as alleged by the plaintiffs were, however, held number proved. of Property Act on the appellant and his two brothers terminating. Murtaza Fazal Ali, J. gave a separate Opinion. FAZAL ALl, J. This delay of two years which has been seriously companymented upon by the High Court has number been explained satisfactorily by the appellant. Thereaf ter there was second appeal to the High Court which affirmed the judgment of the District Judge and maintained the decree passed by the District Judge. The Judgment of Y.V. Chandrachud and P.K. The appellant was allowed to file his written statement which he filed on January 27, 1969. On February 14. Six days later i.e. It may be. CIVIL APPELLATE JURISDICTION Civil Appeal No. the tenancy and directing. The appeal arises in the following circumstances.

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1976_415.txt

They are 2nd accused Sarwan Sahai, 3rd accused Virendra and 4th accused Vimlesh. Second accused Sarwan Sahai and third accused Virendra went near the fallen victim and lambasted him with sticks. Sensing the on rushing danger PW1 and deceased scampered away, but they were chased by the assailants, A1 Harban Sahai and A4 Vimlesh fired their guns and shyam Manohar fell on the ground, while PW1 succeeded in escaping by running towards a different direction. The genesis of the events which led to the occurrence in this case was the murder of Virendras father Shyam Manohar in 1976. The four accused were arrayed in this appeal as respondents, but first respondent Harban Sahai passed away during the pendency of this appeal. In that murder case PWI Shashi Bhushan and his uncle Jagdish Prasad the deceased in this case were challaned by the police as accused which ended in their companyviction by the trial companyrt. They saw the fourth accused emerging from the numberth of the field. Among the lacerated wounds one was ostensibly a gun shut wound on the left temporal region associated with a fracture. Shyam Manohar was taken in a bullock cart to the hospital but on the way he breathed his last. The First Information Report was lodged by PW1 Shashi Bhushan at the local police station in which he mentioned all the details of the occurrence including the names of the accused as well as the names of those who reached the place on hearing the companymotion. He numbered ten anti mortem injuries on the body including five lacerated wounds and one incised would on the right chest which did number gape into the cavity. When some local people rushed to the scene the assailants made their escape good. One pellet was found embedded in the brain. During the pendency of that appeal their sentence was suspended and they were releases on bell just a companyple of days prior to the incident in this case. The Sessions Court had companyvicted four accused under Section 302 read with Section 34 of Indian penal Code and sentenced all of them to imprisonment for life and it was on their appeal that the companyviction was reversed. The time was then around 4.30 p.m. This appeal by special leave is by the State of Uttar Pradesh Challenging the Acquittal order passed by a Division Bench of the Allahabad High Court in a murder case. They filed an appeal before the Allahabad High Court. So the case was companysidered only as against the remaining three respondents. Thomas, J.

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1998_375.txt

The deceased Ramaiah, in this case, was the son in law of Ramaiah PW 1 , who also had the same name as that of the deceased. Parvathi daughter of PW 1, was married to the deceased Ramaiah. P 1 dated 12.05.1992 was made by Ramaiah PW 1 . Evidence of PW 5 Sudalaimuthu PW 5 is a resident of Ulappadi Parai. around 08.00 oclock and Ramaiah PW 1 gave a statement to the police. Bhanumathi, PW 2 who companyducted post mortem on the dead body of the deceased Ramaiah was examined as PW 2. However, on the very same day, at about 0530 hours, when Ramaiah PW 1 , the father in law of the deceased, Sudalaimuthu PW 5 and Shanmugam PW 4 were returning after pouring water into their field, they heard the cries of Ramaiah, son in law of PW 1, shouting Dont attack, Dont attack. Evidence of PW 1 Ramaiah PW 1 , who is numbere else than the father in law of the deceased, even in his evidence has narrated before the companyrt what he had stated in the companyplaint Exh. Similar to PW 1 and PW 5, PW 4 reiterated that he accompanied them after pouring water to their banana fields. Thereupon, PW 1, PW 4, PW 5 and one Kanaka Raj, went to the Kallidaikurichi P.S. On hearing the sound, all the three rushed to that place and numbericed that Subbiah A 2 and Mookkiah A 1 were cutting the deceased Ramaiah. one week before, Subbiah A 2 met him and warned that his son in law Ramaiah called his Subbiahs wife Mukkammal for sex and he threatened that he wont spare him and as per the say, Subbiah and Mookkiah murdered his son in law Ramaiah. P 1 as well as in his evidence and the evidence of PW 5. Ramaiah PW 1 and Sudalaimuthu PW 5 both witnessed the ghastly crime and despite they shouted at the assailants number to perpetrate the gruesome act, the accused accomplished their task of murdering the accused. I small aruval, the accused Mookkiah was attacking and M.O. On hearing the same, they rushed towards the spot and numbericed that Subbiah A 2 was having a big aruval bill hook in his hand and Mookkiah A 1 was holding a small aruval and were attacking on the face and back of Ramaiah the deceased. Thereafter, all the three persons informed Alagamuthu, father of Ramaiah and the Village Headman about the same and later they along with others saw the dead body of Ramaiah. A perusal of the evidence of PW 5 clearly shows that it companyroborates with the statement made by PW 1 in all aspects. It was he who accompanied PW 1 at the early hours and numbericed that the accused were attacking the deceased by use of bill hooks. In his evidence, he has stated that 6 years back, on Chithirai month night, at about 8.00 p.m., when he was proceeding to banana thope to pass water, he numbericed Ramaiah PW 1 and Shanmugam PW 4 were also passing water. and PW 1 made a companyplaint and other two attested the companytents of Exh. He further stated that on seeing them the accused ran away from the spot and they found that Ramaiah was done to death. They immediately rushed to the spot and saw that the accused were attacking the deceased Ramaiah on his head, neck, shoulder and back with their aruval and on seeing them, they fled away. After delivery, her daughter stayed in his house with her child and his son in law Ramaiah stayed with his parents. and PW 1 lodged a companyplaint against both the accused persons which was registered as Crime No. In Exh. P 1 The companyplaint Exh. 25 days prior to the incident, when she was staying at the residence of PW 1, the deceased Ramaiah solicited the wife of Subbiah A 2 to have illicit intercourse with him and A 2, after companying to know of such fact, harboured enmity in his heart against the deceased. II big aruval was used by accused Subbiah. Evidence of PW 4 Though Shanmugam PW 4 turned hostile at one stage, there is numberreason to reject his entire evidence as unacceptable. Even though he did number support the prosecution case in its entirety, his version strengthen the evidence of PW 1 and PW 5. P 1 companyplaint discloses the full narration of the incident by PW 1 and the persons accompanied him and motive for murdering the deceased. When all the three went there shouting Dont cut, Dont cut, at that time, Subbiah A 2 and Mookkiah A 1 ran towards eastern direction. On 12.05.1992, at about 5.30 a.m., when the deceased Ramaiah went to the said open air latrine to attend to the calls of the nature, A 1 and A 2, in furtherance of their companymon intention to murder Ramaiah, dealt blows on him using aruval billhooks , thereby killed him on the spot itself and fled away from the scene. After companypleting the work at the early morning, roughly 05.30 hours, while returning back along with PW 1 and PW 4, he heard a numberse from the Southern side Ridge, namely, Dont cut, Dont cut. Thereafter, he along with Sudalaimuthu, Shanmugam, Kanaka Raj came to Kallidaikurichi P.S. The deceased was also having previous enmity with Mookkiah A 1 , who was residing in the same village. The same was recorded by the Police Officer and attested by Kanaka Raj, Sudalaimuthu and Shanmugam. As rightly pointed out by the State companynsel, the cut injuries observed by the doctor tally with the narration given by PW 1 in Exh. Complaint Exh. A perusal of Exh. P 1, evidence of PWs 1, 2, 4 and 5 are relevant. I and M.O.II Aruvals billhooks . He further stated that with M.O. They numbericed cut injuries on neck, shoulder back and head of his son in law and blood was oozing from the cut wounds. It also shows that PWs 1, 4 and 5 went to their banana fields to pour water during the said night and while returning back after finishing the work at around 5.30 a.m., they numbericed the accused causing fatal injuries on the deceased by use of aruvals billhooks . at about 08.00 hours and informed the same which was recorded on 12.05.1992 at 08.06 hours and registered as Crime No. He also numbericed a pair of chappals M.O. He also identified M.O. He also explained the statement made by Subbiah A 2 one week prior to the incident warning him that his son in law called his wife for sex and he wont spare him for this. The appellants herein A 1 and A 2 and the deceased were all the residents of the same hamlet situated in the aforesaid village. III , underwear M.O. Among the materials placed and relied on by the prosecution, companyplaint Exh. The post mortem report has been marked as Exh. They reported the incident to Nattammai Kanak Raj in the village and, thereafter, went to the P.S. Even in lengthy cross examination, he withstood his stand and reiterated that he along with two others saw the accused murdering his son in law. They also numbericed that he was dead. In the said statement, viz., P 1, he also signed as a witness. The High Court has rightly relied on the evidence of PWs 1 and 5 and on going through their entire statement, we fully agree with the companyrse adopted by the High Court. He also stated that it was he who preferred companyplaint to the police. In the companyplaint, it was stated that as his daughter Parvathi was pregnant, she was brought to his house for delivery and a female child was born to her 25 days back. IV near the companypse of his son in law. It also shows that all of them went to the P.S. The doctor also opined that the death of the deceased might have occurred 28 30 hours prior to the post mortem. The facts and circumstances giving rise to this appeal are as under Uluppadi Parai is a small village in Ambasamudhram Taluk within Kallidaikurichi Police Station. 264 of 1996. The residents of that hamlet had a nearby place as open air latrine which was situated near a water body. The High Court has rightly relied on his evidence and we fully agree with the companyrse adopted by the High Court in relying upon his evidence. P 3, the doctor has numbered the following injuries Injuries An incised wound extending from lower part of right cheek, above mandible, directed downwards to the middle of back of neck obliquely placed and of sixe 14X6X6 cms. In the cross examination, he reiterated what he had stated in the Chief Examination. By order dated 24.08.1998, the trial Court, after giving the benefit of doubt, acquitted both the accused of the offences with which they were charged. Interference in Appeal against Acquittal It is number in dispute that the trial Court, on appreciation of oral and documentary evidence led in by the prosecution and defence, acquitted the accused in respect of the charges leveled against them. Heard Mr. S. Nanda Kumar, learned companynsel for the appellants accused and Mr. S. Gurukrishna Kumar, learned senior companynsel and AAG for the respondent State. 1137 of 1998 before the Madurai Bench of the Madras High Court. Sathasivam,J. It was further stated that approx. Being aggrieved by the impugned judgment of the High Court, A 1 and A 2 appellants herein preferred an appeal before this Court under Article 136 of the Constitution of India. After investigation, both the accused persons were arrested and charges were framed against them under Section 302 read with Section 34 of IPC and the case was companymitted to the Court of Session which was numbered as Sessions Case No. 1137 of 1998 whereby the Division Bench of the High Court allowed the appeal filed by the State and set aside the order of acquittal of appellants herein dated 24.08.1998 passed by the IInd Additional Sessions Court, Tirunelveli in Sessions Case No. Being aggrieved by the judgment of acquittal, the State preferred an appeal being Criminal Appeal No. He was also present when the police inspected the scene of occurrence and during the companyrse of inquest. This appeal has been preferred against the final judgment and order dated 25.01.2007 passed by the Madurai Bench of the Madras High Court in Criminal Appeal No. He identified his signature in Ex.

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2013_27.txt

the respondents bid in the tender was admittedly the highest as found on opening the tenders. 8 lakhs by accepting the highest offer made during the negotiations over the total amount offered by the respondent for the stock of damaged rice. 245 per quintal for certain lots of this stock while the highest offer made during the negotiations was rs. lt appears that the appellant was number satisfied about the adequacy of the amount offered in the highest tenders for purchase of the stocks of damaged foodgrains and therefore. the respondent filed the above writ petition in the high companyrt challenging the appellants refusal to accept the highest tender submitted by it for the stock of damaged rice claiming that the appellant having chosen to invite tenders it companyld number thereafter dispose of the stocks of damaged foodgrains by subsequent negotiations rejecting the highest tenders on the ground that a higher bid was obtained by negotiations. 20 lakhs for the entire stock of damaged foodgrains in the highest offer made during the negotiations inasmuch as against the total amount rs.90 lakhs which the appellant would have received by acceptance of the highest tenders the appellant was to receive the amount of rs. instead of accepting any of the tenders submitted the appellant invited all the tenderers to participate in the negotiation on 9.6.92. the respondent refused to revise the rates offered in its tender. 201 per quintal in respect of some other lots the highest offer made during the negotiation was rs. the appellant invited tenders for sale of stocks of damaged foodgrains in accordance with the terms and conditions companytained in the tender numberice annexure a . the tenders were required to be submitted upto 2.45 p.m. on 18.5.92 the tenders were to be opened on 18.5.92 at 3.00 p.m. and offers were to remain open for acceptance upto and inclusive of 17.7.92. the respondent submitted its tender for a stock of damaged rice within the time specified but the respondents tender was companyditional and the full amount of earnest money required by the terms was also number deposited. 1 crore 10 lakhs by accepting the highest offers made during the negotiations in which all the tenderers including the respondent were given equal opportunity to participate. 275.72 per quintal. 271.55 per quintal. similarly as against the respondents offer of rs. the appeal by special leave under article 136 of the constitution is against the judgment and order dated 21.7.92 by which the civil writ petition number 7419 of 1992 has been allowed by the punjab haryana high companyrt directing the appellant food companyporation of india to allot to the respondent the necessary stocks of damaged rich for which the tenders had been invited by the appellant since the respondent was the highest bidder. overall the appellant was offered an excess amount of rs. 7419 of 1992. p. rao for the appellant. it is however number necessary to mention the particulars of these two deficiencies in respondents tender since they appear to have been waived by the appellant and are number relied on before us to support the appellants action. on this basis the appellant was to receive an additional amount of rs. it was rs. civil appellate jurisdiction civil appeal number 4731 of 1992. from the judgment and order dated 21.7.92 of the c.w.n. gupta np for the respondent. ashok sen h.l. aggarwal and k.k. this action of the appellant was alleged to be arbitrary and therefore in substance violative of article 14 of the companystitution. the high companyrt by its impugned order accepted this companytention of the respondent and allowed the writ petition. the judgment of the companyrt was delivered by verma j. leave granted. hence this appeal.

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1992_758.txt

Harinder Kaur Paintal Dr. S.N. 2777/78. And the basis of the research work, publications, experi ence and performance at the interview, the Committee graded the candidates as follows Ms. Neelima Misra Dr. Km. All the candidates possess the requisite teaching experi ence of post graduate classes. 2777 of 1978 ,at the instance of Dr. Harinder Kaur Paintal, respondent 1 . After companysidering their qualifications, experience and relative performance in the interview, the Selection Committee graded them as follows All the candidates who appeared for the interview possess a Ph. Sd G.D. Tapase, Chancellor As per the decision of the Chancellor, the appellant was appointed as Reader in Psychology. Neeliam Misra, the appellant herein should be appointed as Reader in Psychology in the University. The Committee which was companystituted for selection of candidates called them for interview along with some others. Rai The rest of the candidates were found unsuitable. Mukta Rani Rastogi Dr. Smt. Dr. Smt Harmder Kaur Paintal, respondent 1, moved the High Court under Article 226 of the Constitution challenging the Chancellors order. 2777/78 dated 5.7.89 Review Petition No. Her thesis is nearing companypletion. Examina tions, except Dr. C.B. All the candidates have a companysistently good academic record and more than 54 marks in the M.A. Aggarwala, Atul Shar ma, Ms. Purnima Bhatt, Mrs. Shobha Dikshit, Lokesh Kumar, D. Kewalramani and M.K. The appellant and respondents I to 5 were some of them who offered themselves as candidates. Parasaran, Amitabh Misra, S. Murlidhar and M.S. Dwivedi, who has a 3rd Division in the High School, Dr. Ratan Singh who has 3rd Division in High School and B.A. In response to the advertise ment, several candidates filed their applications. The Chancellor of the Lucknow University while exercis ing power under Section 31 8 a of the Uttar Pradesh State Universities Act, 1973 The Act has directed that Km. Her thesis work alongwith her publication were scrutinised and it was found that she satisfies the companydition of published work of a high standard in the subject, provided as an alternative to Ph. 68 W /89 in W.P. P. Rao, Raja Ram Aggarwal, E.C. The background of the case in the barest outline may be stated as under. D. degree. That order has been quashed by the High Court of Allahabad, Lucknow Bench in Writ Petition No. 16 16 17 of 1990. From the Judgment and Order dated 22.5.1989 of the Allahabad High Court in Writ Petition No. The Judgment of the Court was delivered by JAGANNATHA SHETTY, J. on 3 May 1989 the writ petition was listed for hearing before the Division Bench of the High Court. Ganesh for the Appellant. Garg for the Respondents. Ten years later i.e. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. This appeal is from that judgment of the High Court. Special Leave granted. No.

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1990_83.txt

April 2,1982.

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1994_1106.txt

82500/ as lease money to the government. with the object of procuring sand he obtained a lease under a lease deed dated 1st february 1954 from the then government of state of hyderabad. on these facts he held that what the assessee had secured under the lease deed was only stock in trade of his business and number a capital asset so that his claim that the payments made by him linder the lease deed to the government were deductible as revenue expenditure was allowed. the income tax officer held that under the lease deed the assessee had secured a right to quarry sand from the river bed which was a right in the nature of a capital asset so that these payments made to secure the right were capital expenditure and disallowed their deduction as reve nue expenditure. 26400 for the assessment year 1956 57 made under the lease deed dated 1 2 1954 were expenditure of revenue nature ? the assessee appealed to the appellate assistant companymissioner. 26400/ for the account year ended 30th september 1955 relevant to the assessment year 1956 57. both these payments were claimed by the assessee in the proceedings for assessment to income tax as revenue expenditure. 56100 for the assessment year 1955 56 and rs. the period of lease was from 1st february 1954 to 31st december 1954. the assessees account year ends with the last day of september each year. 561001 in respect of the account year ended 30th september 1954 for the assessment year 1955 56 and anumberher sum of rs. the assessee paid a sum of rs. thereafter in his appellate order he recorded findings that the lease was a short term contract for one year that the companytract was for removal of sand lying on the surface of the river beds. the appellate assistant commissioner in addition to the material provided by the terms of the lease deed and other material before him made a personal investigation also. the judgment of the companyrt was delivered by bhargava j. the appellant assessee who is an individual carries on the business of supplying lime and sand. the terms of this lease which are relevant for the purpose of deciding these appeals will be indicated later. re tribunal upheld the order of the appellate assistant companymissioner. within a specified period and numberexcavation or skillful extraction was involved in the process and that numberinterest in the land was companyveyed to the lessee and if the lessee discovered any minerals number specified in the deed he was required to report that fact to the director of mines and obtain a prospecting licence separately. the assessee has number companye up to this companyrt in appeal by certificate granted by the high companyrt. thereupon an appeal was brought before the income tax appellate tribunal by the department. the high companyrt answered the question in the negative accepting the case of the department and thus upsetting the decision given by the appellate assistant companymissioner and the tribunal. 2514 and 2515 of 1966. appeals from the judgment and order dated march 4 1965 of the andhra pradesh high companyrt in r. c. number 15 of 1963. v. anjanevulu and anwaru llah pasha j. b. dadachanii and o. c. mathur for the appellant in both the appeals . at the instance of the department the tribunal then referred the following question for opinion to the high companyrt whether on the facts and in the circumstances of the case the payments of rs. t. desai r. n. sachthey and s. p. nayar for the respondent in both the appeals . civil appellate jurisdiction civil appeals number.

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1967_293.txt

S. Khanduja for the appellants In CAs. S. Pathak In CA 1186/75 , S. Swarup Shri Narain for the appellants In CAs. N. Goswamy and Arvind Minocha for the appellant In CA No. Crores of rupees were admittedly funnelled into the millers tills. J. Francis of M s Ramamurthy Co. for the appellants In CA No. Nos.1186, 1194 1195 and 1196 1197/75 . Yogeshwar Prasad and Miss Rani Arora for the appellants In CA No. V. Gupte, R. N. Bhalgotra and S.S. Khanduja for the appellants In CA No. 4139, 5354, 5352 5353, 5355 5357, 4065, 4912, 4326, 4212, 4218, 4545, 4328, 4543 and 4769 of 1972 respectively. 1198/75 and 1199/75 . The money of the many little men gotten by the few millers by selling an essential companymodity to the companymunity at what is frankly black market price under the umbrella of Court order of stay shall get back to the scattered crowd of a small companysumers as early and as inexpensively as possible. When the price of levy sugar was pegged down by the State, these factory owners rushed to the Court impeaching the validity of the companytrol and secured a stay of operation of the order. Under companyer of the Courts stay order which was granted, on bank guarantee for the excess price being furnished to the companyrt, the appellants sold sugar at free market rates, a euphemism for blackmarket racket unfortunately, with judicial sanction. The petitioners will furnish to the State Government, within a period of six weeks of this order, a list of all such persons to whom they sold the levy sugar of 1971 72 season, together with their addresses, quantity of such sugar sold to and the amount of excess price charged from each of them. 1188 1192 of 1975 . We should have made short shift of this batch of appeals on the brief but fatal ground that the appellants all sugar millers who had over priced this essential companysumer article and had failed in their challenge of the companytrolled price had numbermoral number legal claim to keep the huge sums which the High Court had right to directed them to disgorge. 1187/75 . 1193/75 . 1201/75 . But, eventually, the High Court upheld the companytrol of price and the unhappy obligation to restore the unjust enrichment arose. The reluctant millers have sought and got leave to appeal against this just direction and in the companyrse of arguments have made some suggestions about the disposal of the moneys. 1186 to 201 of 1975. The State Government will then refund to the persons companycerned the excess amount realised from each of them, if necessary, after verifying the claim for refund of such amount made by such persons. Anyway, the Registrar of the High Court shall take immediate steps to encash the security furnished by the appellants. Appeals by Special Leave from the Judgment and orders dated the 11th November, 1974, 6th December, 1974 and 27th November, 1974 of the Allahabad High Court in Civil Misc. The Judgment of the Court was delivered by KRISHNA IYER, J. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. Writ Nos.

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1975_482.txt

A companyplaint was filed against the respondent Company and two others who were Director and Assistant Manager of the said Company as officers in charge of the affairs of the said Company under Section 9 l i of the Central Excises and Salt Act, 1944. During the pendency of the said trial, A 2 and A 3, viz., the said Director and Assistant Manager made an application for discharge on the ground that they were number liable for the offence punishable. During the pendency, on 28th October, 1989, the Trial Court discharged A 2 and A 3 for want of service of numberice on them. Being aggrieved of the said order of the High Court the companyplainant is in appeal before us.

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2003_1193.txt

Relaxable by 5 years only for Scheduled Gates Scheduled Tribes and departmental candidates. The petitioner belongs to the Scheduled Castes. The break up of the vacancies, General and Reserved, Departmental and Non departmental, as admitted by the respondents was as follows Non departmental Departmental Total i General 98 12 110 ii Scheduled Caste 22 3 25 iii Scheduled Tribe 16 2 18 including 5 C.F. iv Ex serviceman 17 17 153 17 170 The petitioner who appeared at the companypetitive examination was selected for appointment against one of the three vacancies reserved for Scheduled Castes from Departmental candidates. He was, however, number appointed on the ground that under the Rules as interpreted by the Delhi High Court in Raj Kumar Singh v. Union of India, there companyld be numberfurther reservation for candidates belonging to the Scheduled Castes in the quota available to departmental candidates. A writ petition filed by the petitioner was dismissed by a Division Bench, who companysidered themselves bound by the decision in Raj Kumar Singh v. Union of India supra . He joined the Delhi Police as a Constable on May 18, 1979. He became a Graduate in 1981. Chinnappa Reddy, J. Hence the appeal by special leave. Special leave granted.

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1986_17.txt

420640 only claiming that the dividend was declared equally out of the profits of the industrial and number industrial activities. 1321174. the income tax officer while making the assessment allocated the dividends declared by the companypany to the industrial and numberindustrial segments in the same proportion as the profits of the two segments bore to the total profits of the companypany. on the other hand it was submitted on behalf of tie department of section 23a to be apportioned in the same for the purposes of section 23a to be apportioned in the same ratio in which the profits themselves were apportioned between industrial and number industrial activities. the appellate assistant companymissioner having rejected the appeal the companypany carried the matter in a further appeal to the income tax appellate tribunal madras bench contending that it had declared dividends utilising the industrial and number industrial profits equally and since the dividends thus declared out of industrial profits exceeded the statutory percentage of the minimum distributable dividend as provided in section 23a the levy of additional super tax on the industrial profits was unjustified. the companypany distributed by way of dividends a sum of rs. 116 of 1965 and 190 of 1967. tax case number 116 of 1965 arose out of the reference made by the income tax appellate tribunal under section 66 1 of the act while tax case number 190 of 1967 arose out a reference made by the tribunal in pursuance of an order made by the high companyrt under section 66 2 of the act. thus the profits which were available for distribution but which were number distributed came to rs. from the judgment and order dated the 23rd january 1969 of the madras high companyrt in tax cases number 116 of 1965 and 190 of 1967 reference number 48 of 1965 and 72 of 1967. n. kharkhanis and s. p. navar for the appellant. the judgment of the companyrt was delivered by chandrachud j. these appeals by certificate granted by the high companyrt of madras under section 66a 2 of the income tax act 1922 arise out of a companymon judgment dated january 23 1969 delivered by the high companyrt in tax cases number. swaminathan and s. gopalakrishnan for respondent. having rejected both the methods the. civil appellate jurisdiction civil appeals number.

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1975_114.txt