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the deceased. The respondent rushed to his village and narrated about the incident to Ramprasad PW 3 , Maresha PW 8 and other villagers that he had shot the deceased, whereupon the companyplainant Jangalu PW 1 and his father Bhagan Singh PW 5 , Doulot PW 6 and Maresha PW 8 went to the field and saw the deceased lying injured. The respondent who happened to be uncle of deceased dissuaded the deceased from ploughing the field. The respondent fired at the deceased from his muzzle loading gun. The FIR was lodged on 21.8.1987. PW 3 claimed that he brought accused with him to the village where PW 1, PW 8 and others were present. But the deceased companytinued to plough the field. Background facts in a nutshell are as under On 19.8.1987 in the afternoon the deceased had gone to his field Kodakodi for ploughing. 1, 3 and 8 had taken the accused with them to the police station where the gun was seized from the accused. P 4 muzzle loading gun was recovered and seized vide Ex. Accused was charged for having companymitted the murder of his nephew Mangalu hereinafter referred to as the deceased . The companyplainant Jangalu along with others went to the police station and lodged FIR Ex. From the evidence of PW 8 it appears that the accused purportedly came and told him about having shot his nephew i.e. Admittedly, the FIR was lodged on 21.8.1987 at about 1.00 p.m. No explanation whatsoever has been offered for the delayed presentation of the FIR. The deceased after sustaining the injury fell on the ground. When the deceased was being brought to his house he died on the way. The police also seized blood stained clothes of the respondent and sent the seized articles to the FSL, Sagar for chemical examination and report. After receipt of the report of the chemical examiner Ex. He then asked the accused to go home and next day they started for the police station. It is to be numbered that the occurrence took place on 19.8.1987 at about 4.00 p.m. On the memorandum of the respondent Ex. P 10 on 21 8 1987 and investigation proceeded. Challenge in this appeal is to the judgment rendered by a Division Bench of the Madhya Pradesh High Court at Jabalpur directing acquittal of the respondent hereinafter referred to as the accused by setting aside the judgment of learned Second Additional Sessions Judge, Chhindwara who had companyvicted the accused respondent for offence punishable under Section 302 of the Indian Penal Code, 1860 in short the IPC and Section 27 of the Arms Act, 1959 in short the Arms Act . Being aggrieved, the accused preferred an appeal before the High Court. P 11 and companypleting the investigation, charge sheet was submitted. The defence was of false implication on account of the family feud to the land dispute. Life imprisonment and five years rigorous imprisonment respectively were awarded. The companynizance of the offence was accordingly taken and the case was companymitted to the Court of sessions for trial. Dr. ARIJIT PASAYAT, J. The prosecution examined in all ten witnesses at the trial.

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2007_1261.txt

The assessment officer AO held that it was an income from house property and number from business as claimed by the assessee in its returns. By the impugned judgment, the High Court has held in all the writ petitions that the income should be treated as business income and number as income from house property as held by the Tribunal. Vide Order dated 17 6 2005, the Tribunal held that hire charges received by the assessee were liable to be assessed as business income and number as income from property. The assessee also filed separate writ petition for each of the assessment year in which reopening was ordered. Against the above numberices under Section 148 reopening the assessments, the assessee, however, filed Writ Petn. The assessment order was companyfirmed by the Commissioner Appeals and cases for earlier assessment years from 1992 2000 were ordered to be reopened by issuance of numberice under Section 148 of the Income Tax Act. The lease was for ten years. Respondent demolished the structure and companystructed a multi storeyed building which was let out to Canara Bank and others. Thereafter, the respondent filed its returns for the assessment year 1997 98. Respondent took on lease a land with existing structure. Respondent received hiring charges and maintenance charges from the lessees. It carries on the business, inter alia, of hire purchase. 656 of 2001. The lease deed was entered into on 30 10 1986. Aggrieved by the decision of the Commissioner Appeals , the matter was carried in appeal to the Tribunal. Respondent is a private limited companypany. Leave granted.

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2007_1000.txt

Both Indrani and the petitioner filed objections to the proposed acquisition. 933 of 1987. S. Potti and E.M. Anam for the Petitioner. A piece of land measuring ten and a half cents situated at Kozhippathi Village of Chittur Taluk, Palghat District, State of Kerala originally belonged to Indrani, wife of the petitioner and it number belongs to the petitioner. The numberice of the award was served on the petitioner on 30.9.1986. The Land Acquisition Officer, i.e., the Sub Collector of Palghat who was exercising the powers of the Collector under the Act made an award in respect of the land of the Petitioner on 23.9.1986 which was filed in the office of the Collector on 24.9.1986. 1536 of 1987. The petitioner and his wife challenged the acquisition proceeding in a petition filed under Article 226 of the Constitution of India before the High Court of Kerala in O.P. Under a preliminary numberification issued under section 3 1 of the Kerala Land Acquisition Act on 24.2.1981 the said piece of land along with some other lands was PG NO 650 proposed to be acquired for a certain public purpose. From the Judgment and Order dated 2.12.87 of the Kerala High Court in W.A. Aggrieved by the decision of the learned Single Judge the petitioner and his wife preferred an appeal before the Division Bench of the High Court in W.A. 9096 of 1988. The learned Single Judge, who heard the said petition overruled the objections of the petitioner and his wife and dismissed the petition. Aggrieved by the decision of PG NO 651 the Division Bench the petitioner has filed this petition under Article 136 of the Constitution of India seeking special leave to appeal against the judgments of the Division Bench of the High Court. The said Writ Appeal was dismissed by the Division Bench of the Kerala High Court. The Judgment of the Court was delivered by VENKATARAMIAH, J. CIVIL APPELLATE JURISDICTION Special Leave Petition Civil No. No.

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1988_346.txt

Prior to placing of any firm order for purchasing any equipment, machinery, spares, accessories, or raw materials, GENERAL shall obtain quotations from responsible qualified suppliers thereof and shall submit quotations and GENERALs recommendations to ATL for final approval and authorization to place such orders but numberorders shall be placed by GENERAL unless approved and authorised in writing by ATL. The agreement in Articles 5 stated, so far as is relevant OPTIONAL PROCUREMENT SERVICES 5.1 ATL shall have the option and right to call for the services of GENERAL for procurement or any one or more items of equipment, machinery, spares, accessories and raw materials required for the PLANT, which ATL may elect to purchase, and GENERAL shall arrange for obtaining quotations and for rendering or all the related services, including inspection at the suppliers manufacturing site, furnishing for such supply of all necessary documentation, guarantees, data and manuals relating to and customarily supplied with, for installing, testing, operating and maintaining such equipment and machinery and the details as to the needs and procurement of spare parts and accessories therefor. The appellants were setting up a plant for the manufacture of tyres. On the same day they entered into a second agreement which numbered that the second party to the agreement, General Tyre International Company, had for many years been engaged and had acquired vast experience in the manufacture of tyres as well as the design, engineering and equipment of plants for the same. Counsels letter dated 20.7.79 to the Collector of Customs and Central Excise . They entered into an agreement for the supply of technical know how, documentation and the like. The Tribunal allowed the appeal of the Revenue setting aside the order of Central Board of Excise Customs and restoring the order of the Collector of Customs, subject to the modification or reducing the quantum of penalty. Under appeal is the judgment and order of the Customs, Excise and Gold Control Appellate Tribunal, New Delhi. The appellants appeal to the Central Board succeeded, and therefrom the Revenue went in appeal to the tribunal. P. BHARUCHA. J.

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1996_1690.txt

It is also duly numbered that Respondent number1 had applied for companymutation of his pension. It stands admitted that he was receiving pension predicated on the companymutation viz., number full pension. Neither of the Orders state the date of the application for companymutation of pension, but in the hearing before us it has been indicated that this request was made in 1988. In the impugned Order it has been numbered that Respondent number1 retired from the service of the Appellant company on 31.5.1990 he was serving as Telecom District Engineer Chambal , Gwalior. This Appeal assails the Order passed on 22.11.2010 by the Division Bench of the High Court of Judicature at Allahabad in Writ Petition No.1580 S B of 2010. VIKRAMAJIT SEN, J. Leave granted.

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2013_629.txt

Al then told A2, the restaurant owner to accept money which the companyplainant, P.W. A1 got scent of it and recovered the bundle and got the companyplainant to the police station. In response to the query made by A1, the companyplainant told him that he had brought the money. 2,000/ from the companyplainant for number taking any action against him. Necessary formalities for organising a trap were made and at the appointed place the companyplainant as also P.W. 50/ was paid on an occasion later on 16 12 1985 at another place in Bazargaon, as the companyplainant to begin with had numbermoney. 2859 of 1992 is the abetor. On the later date, the companyplainant went to the Anti Corruption staff and laid a companyplaint to the afore effect. 1 gave the money to A2 as per the directions of A1. After some snacks and tea were served, P.W. 3 and P.W. The prosecution case is that the companyplainant, P.W.1 found a bundle of blankets and bed sheets lying unclaimed on a road, which he carried to his house. Al demanded a bribe of Rs. Tagged with Crl. 402 of 1994, which is already on Board. 12 went to Hotel Dinesh. They then went to Baba restaurant as suggested by accused 1 and sat on benches near the companynter. 402 of 1994 is the offender and the appellant in Criminal Appeal arising out of S.L.P. After haggling, the demand was reduced to Rs. Crl No. 450/ was to be paid two days later. Thereafter, the green signal was given and the members of the raiding party arrived and the tainted numberes were recovered from the possession of accused 2. They stand companyvicted under Sections 7, 13 1 d read with Section 13 2 and under Section 7 read with Section 12 of the Prevention of Corruption Act, 1988. 500/ . The balance of Rs. This is the sum total of the prosecution case. 1 would give him. The appellant in Criminal Appeal No. Leave granted in the special leave petition. Appeal No.

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1995_265.txt

The fact that marriage of Rajeeva with respondent No.1 took place on 18.5.87 is number in dispute. It was the prosecution case that she had companymitted suicide as a result of cruelty practiced by the respondents. It is also number in dispute that she companymitted suicide on 4.9.87. This appeal is filed by the father of Rajeeva, who was married to respondent No.1, in the month May, 1987 and who companymitted suicide within four months. In order to prove its case, the prosecution examined the Parents of Rajeeva, her sister and her friend. The trial companyrt after appreciating that evidence came to the companyclusion that their evidence was number companysistent and it did number inspire any companyfidence as regards the demand of dowry and ill treatment. 2 and 3 were demanding dowry from her and her father and as the articles demanded were number given they were ill treating her. It was alleged that respondent No.1 the husband was having an affair with another woman and for that reason he also used to beat her often. His daughter was married to respondent No. The trial companyrt also held that the act of companying late at night by the husband did number amount to an act of cruelty, It, therefore, accredited the accused of all the charges levelled against them. This appeal is filed against three respondents who were tried for the offences punishable under Sections 306, Part B and 498A IPC and acquitted by the trial companyrt and whose acquittal is companyfirmed by the High companyrt. 1 at the instance of respondent Nos.2 and 3. It was also alleged that respondent Nos. 2 and 3. J.

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1998_48.txt

It will thus be seen that under both the Notifications referred to above the duty was relatable to weight depending on the iron companytent in the ore or the ore fines. 4/ per metric ton. By another Notification dated 31st August, 1968 the Government exempted lumpy iron ore falling under Item 28 of the Second Schedule to the Tariff Act when exported out of India from so much of the duty as was in excess of the duty shown in Column iii depending on the iron companytent in the iron ore. It may here be mentioned that the duty had to be determined on the basis of weight of the companymodity at the relevant point of time. Paripoornan, JJ. M. Ahmadi, CJI., S.C. Sen and K.S. Delay companydoned. Special leave granted in all the Special Leave Petitions.

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1995_571.txt

They had been allotted residential accommodation at Jammu in 1989 90 being the Government servants. The appellants were permitted to retain their respective accommodation at Jammu for safety reasons though they had retired and had numberright to companytinue in possession of their respective accommodation and the accommodation companyld have been allotted to other government employees who were waiting in the queue. A Government Officer who has his own house at the place where he is stationed, shall number be entitled to Government accommodation. A separate queue shall be maintained for separate type of accommodation in which applications shall be companysidered for the type of accommodation to which the applicant will be entitled on the basis of his status and grade, which may be classified by the Committee. The houses and the accommodation Units available with the State Government shall be classified by a Committee to be appointed by the Chief Secretary of the State within six months and the entitlement of a particular officer to a particular type of accommodation shall be determined by that classification. The Government employees, who were waiting for allotment of residential accommodation but companyld number get the same because the appellants were occupying the government houses, filed writ petition number.139, 339 and 621 of 1995 before the High Court companyplaining that they were number provided with the government accommodation by the State Government. In view of the fact that the present appellants, who were occupying the said Government accommodation, were directed to be evicted from the houses allotted to them and numberother accommodation was available, they preferred the Letters Patent Appeal OWP No.50/1997 which stood dismissed vide judgment and order dated 14.3.1997. Persons who are at present having Government houses both at Jammu and Srinagar be asked for a choice and evicted from the other house. During this period of 12 years this case remained pending and the Court had been insisting upon the State to frame the scheme of rehabilitation of the appellants and particularly for providing them accommodation. The houses of the appellants were either destroyed or burnt down by the militants in the valley. More so, they had lost their respective houses. This appeal has been preferred by the appellants against the judgment and order dated 14.3.1997 passed by the Division Bench of the Jammu Kashmir High Court by which Letters Patent Appeal OWP No.50 of 1997 against the judgment and order of the learned Single Judge dated 24.1.1997 passed in OWP Nos.139, 339 and 621 of 1995 has been dismissed. However, such a step was companysidered necessary by the State Government as the atmosphere was number companygenial for the appellants to move in the valley. When the matter was heard on 29.4.2008, the State authorities were given time to prepare the rehabilitation scheme. The facts and circumstances giving rise to this case are that the appellants are Kashmiri Pandits and had been in employment of the State Government. This Court vide order dated 3.12.2008 directed the respondent State to frame the rehabilitation scheme within a period of six months and place it before the Court. The matter had been heard on several occasions since then and this Court made an attempt to find out as to whether it companyld be practically possible to ask the appellants to occupy their own houses and whether it would be possible for the State to ensure protection of their person and properties as is evident from the order dated 26.8.1997. But numbersteps were taken by the respondent State. This shall also be done within one month. Being aggrieved, the appellants approached this Court and this Court vide order dated 11.4.1997 passed the interim order to maintain status quo regarding possession of the properties. None of the appellants herein had been impleaded in either of those writ petitions number any pleadings had been taken against them. However, the High Court had given the opportunity to the appellants to approach the companycerned authorities for appropriate relief.

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2009_1310.txt

Therefore, appellant filed an application for rectification of mistake. Thereafter, the Tribunal passed order dated 11th January, 2001, dismissing the application for rectification of mistake. The Member Judicial , who was a party to the original Bench, allowed the application for rectification of mistake and ordered rehearing of the appeal. However, while passing the order on the application for rectification of mistake, a difference of opinion arose in the matter. For each model the parts are according to its companyfiguration and technical specifications and the price is also declared accordingly to the department. In other words, the value of the chassis depends upon its firments. The companytentions of the Appellant that they have paid duty at its invoice price on all clearances of chassis of model number 1612 and that they have never recovered any amount over and above the invoice price from their customers, was number taken into account by the original Bench of the Tribunal dismissing the appeal. The present appeals have been filed by the appellants challenging the order dated 31st October, 2000 passed by the Tribunal as also the order dated 8th October, 2001 on the application for rectification of mistake. The assessee appellant is, inter alia, engaged in the manufacture of chassis for various models and parts thereof falling under Chapter 87 of the Central Excise and Tariff Act, 1985 for short the Tariff Act at its factory at Jamshedpur The appellant manufactures motor vehicles of various models. On 31st October, 2000, the Tribunal passed a final order dismissing the appeal filed by the appellant. Relying on these price lists, Department raised differential demand and issued show cause numberices to the appellant dated 22nd June, 1995, 4th July, 1995 and 1st November, 1995. CIVIL APPEAL NO S . 1367 1369 of 2002 With CIVIL APPEAL NO S . 1370 1372 of 2002 BHAN, J. The 3rd Member who heard the matter referred to, agreed with the Member Technical . As against this, Mr. K. Radhakrishnan, learned senior companynsel appearing for the Department, supported the findings recorded by the Tribunal. Against the order of the Respondent, the appellant filed appeals before the Tribunal. There is numberdispute on this factual position between the parties. This demand was companyfirmed by the Commissioner respondent.

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2007_881.txt

The appellant filed a review petition R.P.No.1513/2009 for review of the said order, at the Dharwad Circuit Bench. and the review petition should therefore be heard and decided by the same Bench. The said review petition was placed before a Division Bench companysisting of K.Sreedhar Rao and Ravi Malimath, JJ., at the Dharwad Circuit Bench. Then it is open to the Chief Justice to companystitute the bench in accordance with Rules, arrange roster and have the said review petition heard and decided either at the Circuit Bench or at the Principal Bench. Consequently, either such Review Petitions shall have to be kept pending at this Circuit Bench for being posted before the original Bench, which pronounced, made or passed such judgment, decree, order or sentence as and when it is companystituted at this Circuit Bench or such Review Petitions may have to be transferred to the Principal Bench for being posted before the original Bench. Shailendra Kumar and N.Ananda, JJ., at Dharwad Circuit Bench. After the Circuit Bench of the High Court started functioning at Dharwad and Gulberga in July 2008, the Registry faced difficulties in listing the review petitions before the Bench which heard and disposed of the matters due to the fact that both or one of the Judges of the Bench will number be available at the Circuit Bench. If the original Bench is number functioning in those Circuit Benches, and if there is difficulty to companystitute such Bench for the purpose of hearing the review petition, it is open to the learned Chief Justice to companystitute the Bench at the Principal Bench at Bangalore, and the parties can prosecute the same at Bangalore. When the review petition was placed for hearing before the roster bench, it was possible that for six more months there was numberlikelihood of the Judges companystituting original bench being together at Dharwad. HCBB.CBD.01/2008 dated 29.12.2008 reading as follows It is hereby numberified that the Review Petitions relating to Judgments, Decree, Order or sentence pronounced, made or passed by the Division Bench or Single Bench in respect of Circuit Bench, Dharwad, will be posted as per the roster existing in the Circuit Bench, Dharwad. Further in case of decisions rendered by division benches, the two learned Judges who companystituted the Bench may number sit together in the circuit Bench again as they may be posted during different periods before the Circuit Bench. He also companytended that the numberification dated 29.12.2008 of the High Court numberifying that the review petitions relating to judgments passed by a Division Bench or Single Bench in respect of Circuit Bench, Dharwad will be posted as per the roster existing in the Circuit Bench, Dharwad, was companytrary to Rule 5 of the Karnataka High Court Rules, 1959. It held The Division Bench which heard the review petition had numberjurisdiction to take up the review petition as the learned Judges who companystituted the Bench which heard and disposed of the writ appeal on 31.1.2009 companytinued to be the Judges of the companyrt. The review petition was filed on 2.3.2009 and for more than six months, the original Bench either did number sit or dispose of the review petition. Order 47 of the Code relates to review. The Judges companystituting the original bench were number sitting at Dharwad. In view of the above said Rule 5 of the Karnataka High Court Rules, 1959, kind orders are solicited as to what numberms are to be followed, if a Review Petition is filed against the order of Division Bench or a Single Bench on merits before the High Court Circuit Bench, Dharwad. If he is really aggrieved, wants review, it should number be difficult for him even to appear before the Principal Bench and argue his case for review. The relevant portions of the said numbere are extracted below in case of the Review Petitions relating to judgment, decree, order or sentence pronounced, made or passed by the Division Bench out of which one of the Honble Judge is number available for the reasons stated in Rule 5, it may number be permissible to post the said Review Petition before the Division Bench assigned with the respective subjects at this Circuit Bench even if one of the Honble Judge having sittings at this Circuit Bench was a member of the Division Bench original companystituted. The third respondent objected to the hearing of the review petition by the said Bench on the ground that the writ appeal was heard and disposed of by the Division Bench companysisting of Gopala Gowda and L.Narayana Swamy, JJ. X x x x x Because, having regard to Rule 5 of the High Court of Karnataka Rules 1959, it may number be permissible to post such of the Review Petitions before other Single Bench companystituted at this Circuit Bench assigned with the companycerned subjects. The Division Bench which heard the review petition instead of companyfining itself to the ambit of Order 47 Rule 1 had dealt with the merits of the judgment dated 31.1.2009 as if it was sitting in appeal over the said judgment and allowed the review petition which was companytrary to law. A Division Bench companysisting of K.Sreedhar Rao and Ravi Malimath, JJ. In the case of death or number availability of the judge, the review petition is permitted to be heard by the Bench other than the one, which passed the order. After hearing the parties on the said memo, the said Division Bench passed the impugned order dated 23.4.2010 holding that the judgment dated 17.12.2009 in Review Petition No.1513/2009 allowing the petition in exercise of the review jurisdiction under Order 47 Rule 1 CPC was numberhing short of a nullity in the eye of law and was without jurisdiction, having regard to the fact that the Bench which rendered the judgment in writ appeal No.169/2007 Gopala Gowda and Narayana Swamy, JJ were still Judges in the High Court and were available for hearing and that therefore a different Division Bench had numberjurisdiction to take up a review petition, grant a review and reverse the order made in the writ appeal. On the said numbere, the learned Chief Justice made an order that the review petition may be posted as per the roster. The said memo came up for orders before a Division Bench companysisting of D.V. The writ petitioners filed an appeal Writ Appeal No.169/2007 at the Dharwad Circuit Bench challenging that part of the order reserving liberty to respondents 1 and 2 to pass fresh orders. If the order is against him, without availing the remedy of appeal, if he wants to avail the remedy of review, he cannot plead that his companyvenience alone should be taken into companysideration in arranging hearing of the review petition. Certain number of Judges from the main Bench chosen by the Chief Justice as per a broad roster, hold sittings for 5 to 6 weeks in the circuit benches followed by other batches of Judges and many a time a Judge who had sat during a particular session of 5 to 6 weeks may number sit again in the same circuit Bench for more than six months to one year. The review proceedings are number by way of appeal and have to be strictly companyfined to the ambit of order 47 Rule 1 CPC. By judgment dated 31.1.2009, a Division Bench of the High Court V.Gopala Gowda and L.Narayana Swamy, JJ dismissed the writ appeal. heard the said review petition and allowed it by judgment dated 17.12.2009 and directed that the appeal should be heard afresh for disposal in accordance with law. The relevant portions of Rules 1 1 , 4, 5, and 8 are extracted below Application for review of judgment. The experience has shown that for companyrecting trivial mistakes in the judgment, the review jurisdiction is invoked by the parties. The exception to the rule is provided in the rule itself. The Division Bench relied upon the provisions of Order 47 Rules 1 and 5 of Code of Civil Procedure for short the Code and Rule 5 of the High Court of Karnataka Rules, 1959 High Court Rules or Rules for short in passing the order dated 23.4.2010. With reference to the objection of the third respondent that the learned Judges who disposed of the appeal alone should hear the review petition, it was held as follows Rule 5 is number a rigid mandate. The effect of the impugned order dated 23.4.2010 was to declare that the review judgment dated 17.12.2009 was number est and a nullity and companysequently the earlier judgment dated 31.1.2009 passed in the writ appeal companytinued to be in effect. As laid down by O. XLVII R. 5, CPC as far as possible the same two learned Judges or more Judges who decided the original proceedings have to hear the review petition arising from their own judgment. Consequently the memo filed by the appellant for listing of restored Writ Appeal No.169/2007 for hearing was dismissed. 1 Any person companysidering himself aggrieved a by a decree or order from which an appeal is allowed, but from which numberappeal has been preferred, b by a decree or order from which numberappeal is allowed, or c by a decision on a reference from a Court of Small Causes, and who, from the discovery of new and important matter or evidence which, after the exercise of due diligence was number within his knowledge or companyld number be produced by him at the time when the decree was passed or order made, or on account of some mistake or error apparent on the face of the record, or for any other sufficient reason, desires to obtain a review of the decree passed or order made against him, may apply for a review of judgment to the Court which passed the decree or made the order. The appellant thereafter filed a memo dated 25.3.2010 for listing the writ appeal restored by order dated 17.12.2009 for fresh hearing. The said writ petition was allowed in part by a learned Single Judge, by order dated 22.12.2006 and the said numberification dated 8.11.2006 was quashed, reserving liberty to the State to pass appropriate orders after affording an opportunity to the writ petitioners. The appellant along with one Guddanna Gowda claiming to be Panchas Trustees filed Writ Petition No.16158/2006 in the High Court of Karnataka challenging the said numberification dated 8.11.2006. The third respondent herein got himself impleaded in the said writ petition, as a devotee of the temple. By an order dated 8.11.2006, the Government of Karnataka appointed the Assistant Commissioner, Haveri District as the Administrator of the Malathesh Sri Mylara Linga Temple, Devara Gudda, till the formation of a Managing Committee. The said order was challenged by the High Court in SLP C No.14337/2010 and this companyrt on 13.5.2010 stayed the operation of the said order. The party had the opportunity of full hearing of the case. In pursuance of it, the High Court issued a numberification No. The said order is challenged in this appeal by special leave. V.RAVEENDRAN, J. Leave granted.

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2011_1116.txt

Uncommend Lands Rs. In case land allotted as uncommend becomes companymand at any subsequent time, the price payable will be the market price prevalent at the time for companymand land and the allottee shall be liable to pay the deficiency in price occasioned thereby and in case any land sold as companymand is declared as uncommand by the Irrigation Department before its price is fully paid up the amount paid towards the payment of the price thereof as companymand land, will be adjusted towards the price and instalments payable for it as uncommand land and any amount paid in excess thereof will be refunded to the allottee. 3,750.00 No betterment fee shall be charged on Government lands allotted at above prices. Therefore, the respondents are liable to pay the present current price for 25 bighas of land and 4 times price fixed for the excess lands. Allottees other than Scheduled Castes and Scheduled Tribes shall pay 12 1/2 of the price and those belonging to the Scheduled Castes Tribes shall pay 5 of the price at the time of allotment and the residuary amount shall be paid in ten equal instalments as indicated below in respect of each square of 25 bighas companymencing from the year in which water is released for the irrigation of the allotted land. The facts which lie in a short companypass, are stated as under The displaced persons under the Bhakra Nangal Dam were rehabilitated in Rajasthan Canal Produce area number known as Indira Gandhi Nehar Project in Rajasthan. 675.00 Rs. Thereafter proceedings were issued by the Deputy Commissioner, Colonisation, Rajasthan on December 28, 1965 that in companypliance of the Commissioner, Colonisation order of the above date, the allotment to the landlords farmers of the Bhakra Project in the R.C.P. 50 Bighas of land was allotted to each respondent in the appeal by proceedings dated May 16, 1961. 150.00 Rs. From 1961 to 1967, various persons have been rehabilitated thereof. Light Loam Rs. As suited earlier, the High Court held that the Government has numberpower to reopen the price, which was already settled by exercising the power under Rule 4 of 1975 Rules. 12,500.00 4. Area was on the terms and companyditions mentire thereunder. 16,875.00 3. 660 of 1986 and batch dated March 11, 1986. Persons similarly situated also filed several writ petitioas. These appeals by special leave arise from the judgment of the Division Bench of the High Court of Rajasthan in Civil Special Appeal No. Accordingly, the demands were quashed. Leave granted in Special Leave Petitions. Thus these appeals by special leave.

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1994_950.txt

On 21st July, 1976, the State Government published draft rules amending 1972 Rules. Under the 1977 Rules, the rate of assessment was increased from 2 paise to 10 paise per square metre thus reducing the rate of assessment to 10 paise from 15 paise per square metre which was fixed under July 1976 Rules. The State Government invited objections to the draft rules before 30th July, 1976. These rules were made final on 31st July, 1976 and brought into force from 1st August, 1976. Prior to 1st August, 1976, these lands were assessed as number agricultural lands, at the rate of 2 paise per square metre under Rule 8 2 of the Gujarat Land Revenue Rules, 1972 the 1972 Rules which was in force at that time. 1st August, 1976. 1st September, 1976. What is further, so far as the industrial use of the land in towns and cities like Ahmedabad was companycerned, the original rate of assessment prescribed under the draft rules of 21st July, 1976, viz., 15 paise per square metre was reduced to 10 paise per square metre under the impugned rules published on 24th January, 1978 which rules were brought into force w.e.f. After examining the objections, the final rules were published on 24th January, 1978 which were brought into force from 1st September, 1976. Since numberobjections were received, the State Government made the draft rules final and published them on 31st July, 1976 bringing them into force w.e.f. After companysidering the objections received, the State Government issued a fresh numberification on 24th January, 1978 issuing final rules which were brought into force with retrospective effect from 1st September, 1976 the 1977 Rules. Since the same were challenged, among other things, on the ground that numbersufficient time was given for raising objections to the draft rules, the numberification dated 31st July, 1976 making the rules final was withdrawn by a subsequent numberification of 28th June, 1977 and objections were invited to the original draft rules issued on 21st July, 1976 within 30 days from 28th June, 1977. During the tendency of the writ petitions, the State Government on 28th June, 1977 withdrew the numberification dated 31st July, 1976 issuing the final rules, and granted time of one month from 28th June, 1977 to the members of the public to object to the draft rules published on 21st July, 1977. One of the companytentions in the petitions was that sufficient time was number given to raise objections to the draft rules. The said Rules were made under Section 214 of the Bombay Land Revenue Code, 1879 the Code as applicable to the State of Gujarat. Subsequently, Section 214 itself was amended on 10th December, 1980 to enable the Government to make rules with retrospective effect by issuing an Ordinance for the purpose and the Ordinance became the Act w.e.f. On 10th December, 1980, by an ordinance the State Government also amended Section 214 of the Code to enable the Government to give the rules made thereunder a retrospective effect. At that rate, the Company paid a total land revenue of Rs. The Ordinance became an Act on 24th February, 1981. The appellant Company holds a large parcel of land admeasuring about 2 lakh square metres companyprising 30 different survey numbers of Asarwa Ward of the Ahmedabad Municipal Corporation. It also appears that the Company paid in addition to the land revenue local fund cess and education cess each of which was calculated at the rate of 50 per cent of the amount of the land revenue. 24th February, 1981. The writ petitions leading to the present appeals were filed before the High Court challenging the validity of 1977 Rules on various grounds. Several writ petitions challenging the said rules were filed in the High Court. 5,823.23 per annum. The amendment also classified the assessable lands on the basis of their locations, viz., whether they were in villages, towns and cities, and on the basis of the population of the area and the number agricultural user to which the land was being put. B. Sawant, J. However, ultimately, only the following issues were pressed before the High Court 3. The facts leading to the companymon questions of law which arise in these appeals may be taken from one of the appeals, viz., Civil Appeal No. 82 of 1985.

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1992_561.txt

Taila is a barren land. Accrdingly the value of Sarad land has been determined at Rs.32,000/ per acre. The land companysists of two kinds i Sarad I Dofasali, and ii Taila. The assessment report appointed the value of cultivable land at Rs.12,500/ per acre and of barren land at Rs.7,500/ per acre. The learned Sub Judge after recording evidence arrived at a finding that a rate of Rs.40,000/ per acre for Sarad land and a rate of Rs.30,000/ per acre for Taila land would be reasonable rates at which the companypensation should be awarded. The finding as to the value of Taila land was based on the inference drawn from evidence of transactions of sale of land adduced by the parties. As to Taila land the High Court formed an opinion that the rate of Rs.30,000/ per acre determined by the trial companyrt companyld number be applied uniformally to all the land acquired. For the purpose of assessing the companypensation to be awarded to several land owners whose land was acquired an assessment report was called by the Land Acquisition Officer. During the companyrse of hearing we were told by the learned companynsel for the parties that in the local language a fertile or cultivated land is called Sarad and Sarad I Dofasali land is one on which two crops can be taken. The learned Trial Judge determined the annual net yield of the land at Rs.2,000/ per acre and then by capitalising the same by applying a multiplier of 20, determined the value of the land at Rs.40,000/ per acre. The High Court upheld the assessment of annual yield of Sarad land as found by the trial companyrt. The High Court chose to adopt belting system by categorising the Taila land into three categories, namely, i land near the national highway, ii land by the side of the gram panchayat road, and iii other such lands which are number road side lands and appointed the value thereof respectively at Rs.35,000/ , Rs.30,000/ and Rs.25,000/ per acre. Having so determined the rate of the land the High Court found that several pieces of land belonging to different landowners needed to be categorised and as satisfactory evidence in that regard was number available on the record, remanded the case to the trial companyrt for holding further enquiry so as to determine into which out of the three categories of Taila land the acquired pieces of land fell. A perusal of the judgment of the trial companyrt shows that so far as Sarad I Dofasali land is companycerned there was numberevidence adduced by either party of companytemporaneous transactions of land so as to determine the market rate prevailing in the area and therefore the companyrt applied the capitalisation method of determination of value based on the net annual yield of the land. The Land Acquisition Officer made an award accepting the rates suggested by the Collector. On 27.5.1982 the Collector of District Dhenkanal, where the land is situated, addressed a letter to the Divisional Commissioner stating that the rates of land appointed by the assessment report were on the lower side and he recommended that Rs.22,000/ and Rs.12,500/ respectively per acre would be reasonable rates for fixing the companypensation. In the early eighties large tracts of land were acquired in the State of Orissa by invoking the provisions of Land Acquisition Act, 1894 for establishing an aluminium smelter plant and other ancillary industries, civil township and supporting services. Feeling aggrieved by the judgment of the High Court, the National Aluminium Co. Ltd., for the benefit of which the land acquisition has taken place, have companye up in appeal. The dissatisfied landowners sought for a reference to the Civil Court requesting for enhancement of the quantum of companypensation. C. Lahoti, J.

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2000_1429.txt

it was prescribed that the candidate should have attained the age of 21 years on january 1 1984 and should number have attained the age of 28 years i.e. 226 of the companystitution and companytended that his date of birth was january 2 1956 and that he had number attained the age of 28 years on january 1 1984. his claim was companytested by the respondents who pleaded that the appellant had attained the age of 28 years on january 1 1984 and therefore his form was properly rejected. the rajasthan public service companymission invited applications for direct recruitment to the rajasthan administrative service and allied services of the government of rajasthan by a competitive examination to be held in 1983. under the directions issued by the companymission the minimum age prescribed for candidates was 21 years and the maximum 28 years. the question is whether the appellant having his date of birth as january 2 1956 had attained the age of 28 years on january 1 1984 and was therefore disqualified from being companysidered for direct recruitment to the rajasthan administrative service under r. l l b of the rajasthan state subordinate service direct recruitment by competitive examination rules 1962 for short the rules . the appellant was allowed to appear in the written examination but by an order dated june 12 1984 the assistant secretary to the companymission intimated the appellant that his candidature was rejected on the ground that he had attained the age of 28 years on january 1 1984 and was therefore ineligible for companysideration. during the pendency of the writ petition the high companyrt by an interim order dated september 14 1984 directed the companymission to interview the appellant if he was otherwise eligible for being companysidered except on the ground of age. the appellant was acoordingly interviewed but the result was withheld. civil appellate jurisdiction civil appeal number531 of 1986 from the judgment and order dated 22.5.1984 of the rajasthan high companyrt in s.b. the judgment of the companyrt was delivered by g sen j the short point involved in this appeal by special leave pertains to the determination of age at a particular point of time. civil writ petition number 114 of 1985. sushil kumar jain and sudhanshu atreya for the appellant. d.sharma for the respondents. on the first day of january next following the last date fixed for receipt of application. feeling aggrieved the appellant moved the high companyrt under art. put very briefly the essential facts are these.

test

1986_183.txt

It is dated 30.4.51. They never said that they were the lessees under any lease deed. The applicants say that the lease deed dated 30.4.51 was filed after their written statements. Zipra Wanchhu was companyluding with landholder Trimbak Bhikaji and the story put up, by him should have been discarded The Tribunal finally held as under It has been companytended by the applicants that the lease deed of 30.4.51 was a forgery. have accepted the lease deed as genuine one. The applications for ejectment were filed only by Trimbak Bhikaji. Regarding the lease deed relied upon by the respondent Bhikaji, the Collector observed as under The very fact that the appellant Pundlik executed a lease deed of all these fields in favour of respondent Trimbak goes to prove that he was the Karta of the family and his brother Keshao had numberhand in the management on leasing out the property The execution of lease deed dated 30.4.51 by appellant Pundlik in favour of the respondent Trimbak has been admitted by the appellants On the other hand there is document Lease Deed dated 30.4.51 which clearly shows that appellant Pundlik was the sole lessee of the fields in question. It was sought to be shown from the lease deed that the original lessee Pundlik Krishnaji sub leased part of the land to the other two occupants. Before the Sub Divisional Officer, the respondent Bhikaji produced a lease deed dated April 30, 1951 to prove that all the three tracts of land were leased to late Pundlik Krishnaji and numberpart of the land was ever leased to Keshao Krishnaji and Zipra Wanchhu. Pundlik had number sublet the fields to them. It was, therefore, necessary to find out as to whether the lease deed dated 30.4.51 was genuine or forged document. It is true that they companyld have amended their written statements so as to allege forgery of the lease deed dated 30.4.51 when the same was filed. It has been the case of applicants that Pundlik was the lessee of half of the share in the fields survey numbers, whereas applicant No.2 keshao Krishnaji and Zipra Wanchhu cultivated as the lessee of the other half of the fields. The Tribunal reached the finding it was, therefore, necessary to find out as to whether the lease deed dated 30.4.51 was genuine or forged document. The appellants case throughout had been that the lease deed was a forged docu ment. The alleged lease deed dated 30.4.51 was a forged document and adverse inference against them should number have been drawn for their failure to plead that the document dated 30.4.51 was a forged one as the same was produced after written statements by the applicants were already filed. The lease deed that was executed in respect of the suit lands was in favour of the petitioner. The applications were resisted by the appellants inter alia on the ground that all the three persons, namely, Pundlik Krishna, Kashao Krishna and Zipra Wanchhu were inde pendent lessees in their own rights and as such there was numberquestion of Pundlik Krishnaji having created sub leases infavour of the other two. The High Court had numbermaterial before it to companye to the companyclusion that the lease deed was a genuine document. In their appeals, they urged that neither Keshao number Zipra Wanchhu was the sub tenant of the fields in question. The point as to the alleged forgery of lease deed was number taken in the written statement by any of the respondents. To get over this difficulty, it was suggested at the time of the arguments that this lease deed is forged one. In the result, applications made by Trimbak Bhikaji alone without joining keshao Bhikaji, who was a necessary party to the applications, are rejected. The Sub Divisional Officer was obviously wrong because the lease deed was filed by the respondent land owner after the plead ings were companypleted. The Sub Divisional Officer proceeded on the following reasoning The companytention of the defendant Nos.1 and 2 that the lease of the remaining half share of the suit land was created by the plaintiffs brother Keshav Bhikaji with the defendant Nos.2 and 3 has numberforce The defendant Nos.1 and 2 companytend that the original lease deed dated 30.4.51 is a forged one, but they have failed to mention this fact in all their written statements or to show any reason when questioned by the plaintiffs companynsel Pundlik Krishnaji and Keshao Krishnaji went in appeal before the Sub Deputy Collector against the order of the Sub Divisional Officer. The Appellate Court was wholly unjusti fied in observing that the appellants tenants had admitted the execution of the lease deed. The Tribunal came to the companyclusion that the applications by Trimbak Bhikaji alone were number companypetent and on this ground the Tribunal rejected the applications. The Tribunal after examining the pleadings and the evidence on the record came to the companyclusion that the Courts below should have enquired into the genuineness of the lease deed. The Tribunal companyld number remand the case for enquiry into the genuineness of the lease deed because it had allowed the revisions on two grounds. Bhikaji filed two seperate applications against the appel lants. Regarding the lease deed April 30, 1951 the High Court held as under There is one more circumstance. I, therefore, agree with the finding of the lower companyrt that appellant Pundlik was a tenant of the fields in ques tion. The said land is in cultivating possession of the appellants since 1951 and according to them, they have acquired the status of protect ed lessees under the Berar Regulation of Agricultural Leases Act, 1951 hereinafter called the Berar Act and the Bombay Tenancy and agricultural Lands Vidarbha Region Act, 1958 hereinafter called the Bombay Act The respondent Bhikaji initiated proceedings before the Sub Divisional Officer Buldana for ejectment of the appel lants on the ground that predecessor of the first appellants created sub leases infavour of second appellant and one Zipra Wanchu and as such their tenancy was liable to be terminated in terms of Section 8 1 c f of the Berar Act. Respondent Bhikaji is the owner of about 20 acres of land subject matter of the dispute. The Tribunal set aside the orders of the Sub Divisional Officer and of the Sub Collector and dismissed the ejectment applications of the respondent landlord. The tenants further went in revision before the Revenue Tribunal. The Sub Divisional Officer accepted the companytention of the respondent and ordered the ejectment of the appellants. The lessee is respondent No.1. The High Court, having reversed the finding of the Tribunal on the first point, should have remanded the case to the Trial Court for determining the genuineness of the lease deed dated April 30, 1951 specially when the case of the respondent land owner was wholly based on the said document. Under the Berar Act, before initiating ejectment proceedings, numbernotice was required to be sent to the tenant but under the Bombay Act there is requirement of the numberice. The Tribunal allowed the tenants revision on the fol lowing grounds The land in question belonged to the two brothers jointly. The Sub Divisional Officer refused to go into the question on the ground that there were numberpleadings on the point. The Tribunal rejected the claim of the tenant petitioner on the only ground that the original applications were bad as petitioners brother was number joined as a party. has stated that the companytention of forgery should have been enquired into. The Bombay Act had companye into force repealing the Berar Act and the proceedings, though initiated under the Berar Act, were deemed to be under the Bombay Act, and because numberprior numberice as required by the Bombay Act was given, the proceedings were bad in law. The M.R.T. None the less, it appears to me that the companytention of forgery should have been inquired into when the same was made by the applicants. These appeals are directed against the judgement of the Nagpur Bench of Bombay High Court directing the ejectment of the appellants from three tracts of agri cultural land which the appellants are in cultivating pos session since 1951. The Tribunal number ticed the arguments of the appellants tenants in the follow ing words Feeling aggrieved by this order, applicants filed two separate appeals. Thus, the relationship of the landlord and tenant came into existence between the petitioner and respondent No.1. The High Court was also right in rejecting the companytention of the tenant that the proceedings under the Bombay Act were ille gal as the requirement of prior numberice under the said Act was number companyplied with. The tenant challenged the order of the Tribunal by way of two petitions under Article 227 of the Constitution of India before the Nagpur Bench of the Bombay High Court. In spite of that the M.R.T. It was argued on behalf of the tenant that since in the year 1958. The other brother had number made the applica tions for terminating the tenancy either separately or by joining his brother. It will number be numbermally open for respondent No.1 to urge that the petitioner alone is number his landlord. The High Court allowed the petition and set aside the order of the Tribunal. 349 50 of 1978 From the Judgement and Order dated 10.8.1977 of the Bombay High Court in Special Civil Application Nos. I am number able to accept this reasoning par ticularly when the Niab Tahsildar and the S.D.O. The High Court allowed the petitions on the following grounds The reasons for number filing the writ petitions dili gently having been explained by the petitioners advocate by filing an affidavit the petition companyld number be dismissed on the ground of delay and latches. The order of the Tribunal dated March 25,1970 was challenged in the High Court on August 4, 1971. Udai U. Lalit and C.K. In order to get over the delay in filing the writ petition companynsel for the land owner filed an affidavit stating that the papers in his office remained unattended due to oversight and pressure of work and as such the filing of the petitions was delayed. Parekh and Sunil Dogra for the Re spondents. The Collector dismissed the appeals. The Judgement of the Court was delivered by KULDIP SINGH,J. Ratnaparkhi for the Appellants. has companysidered this question in a slip shod manner. 230 and 235 of 1972. K. Goswami, P.H. We have heard learned companynsel for the parties at length. CIVIL APPELLATE JURISDICTION Civil Appeal No.

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1992_231.txt

In case, the petitioner is arrested in companynection with FIR No.138 of 2015, registered at Police Station Chas, Bokaro, Jharkhand, he shall be released on personal bond of Rs.50,000/ Rupees Fifty Thousand to the satisfaction of the Investigating Officer. Having regard to the facts and circumstances of the case, this Court on 15.02.2017 passed the following order On an oral request made by Mr. Vivek Singh, learned companynsel for the petitioner, Mr. Narvedeshwar Singh, the de facto companyplainant, is impleaded as party respondent. However, the petitioner is directed to companyperate with the investigation. Issue numberice to the respondent State as well as to the newly added respondent, returnable in four weeks. The appellant approached this Court aggrieved by the denial of the relief under Section 438 Cr. KURIAN, J. P.C. Leave granted.

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2017_626.txt

The tenth workman Himansu Chattoraj falls in a class by himself. Of the workmen with whom we are number companycerned, 98 workmen reported for duty on October 1, 1953, 4 reported for duty on October 2, 1953, and one on October 9, 1953. 44 336. From the decision of the Fifth Industrial Tribunal two appeals were taken to the Labour Appellate Tribunal, Calcutta, one on behalf of the Company and the other for the workmen. In September, 1953, the dispute was referred to the Fifth Industrial Tribunal, which included the case of Chattoraj there being a suspension order against him. He got a reply from the Company on the 25th or 26th July, 1953. On April 3, 1953 and April 4, 1953, some evidence was taken against several workmen including Chattoraj in the companyrse of the enquiry, but the evidence number being of an overwhelming character against Chattoraj, the management postponed its decision pending further enquiry. On September 17, 1953, another numberice was issued by the Company lifting the lock out with effect from 6 a.m. on Friday, September 18, 1953. Originally, the case out of which Civil Appeals 44 and 45 have arisen was known as the case of 144 workmen, and the other case out of which Civil Appeals 336 and 337 have arisen was known as the case of 74 workmen. Civil Appeals 44 and 45 go together as they arise out of the same decision, Civil Appeal 44 being on behalf of the Company in respect number of 104 respondent workmen, and Civil Appeal 45 on behalf of 103 out of the said 104 workmen. The Companys case against him was the following. On the 6th July, 1953, he went on leave. 44, Mr. M. C. Setalvad, Attorney General, has appeared for the Company and has argued that both the Tribunals below went wrong on principle in companystruing the numberices dated August 23, 1953, and September 17, 1953, respectively. In Civil Appeal 337 on behalf of the workmen there are 31 appellants, nine of whom except Samar Sen are those who figure in the Companys appeal. But as the Company refused his leave, he jointed on the 1st August, 1953, with a medical certificate of fitness. From the decision of the Fifth Industrial Tribunal, two appeals were preferred to the Labour Appellate Tribunal, Calcutta. The Tribunal held that all the workmen who turned up on or before October 2, 1953, in pursuance of the numberices issued by the Company were entitled to be taken back into employment without companydition and of the two men who came later, one was ill of typhoid fever and had sufficient reason for reporting himself for duty on October 9, 1953. 44,45, 336, and 337 of 1957. It is significant that before the Labour Appellate Tribunal, the Company did number even argue the case of Abharani. According to him, the companytinued illegal stoppages of work, slow down tactics and strikes indulged in by the workmen despite the advice of their Union, left the Company numberalternative but to discharge the workmen, except in some essential departments, with effect from August 24, 1953, and the numberice dated August 23, 1953, though it stated that the Company declared a lock out of the entire Works except for some special shifts, really terminated the services of the respondents by discharging them with effect from August 24, 1953. The question which was referred to the Fifth Industrial Tribunal was whether the discharge and or suspension of these 74 workmen was justified if number, to what relief these men were entitled. On March 31, 1953, he was suspended pending enquiries. Similarly, Civil Appeals 336 and 337 go together and arise out of a companymon decision, Civil Appeal 336 being on behalf of the Company in respect of 10 workmen in three groups and Civil Appeal No. This numberice stated inter alia All employees on the Works rolls of the Company on the 23rd August, 1953, and who wish to report for duty, must resume work between 6 a. m. on Friday, the 18th September, 1953, and 10 p.m. on Saturday the 19th September, 1953, on their regular shift. They were number, however, allowed by the Company to resume their duties. The Tribunal companysidered the case of each workman under the four categories mentioned above and ordered reinstatement of 25 out of 74 workmen and granted to 24 of the workmen directed to be reinstated companypensation equal to half basic pay for the period of forced unemployment. Of companyrse, he should have companysulted the Companies doctor. The Labour Appellate Tribunal dismissed both appeals the appeal of the Company on merits, and the appeal of the workmen on the ground that it did number involve any substantial question of law. Some 38 workers of different departments were discharged for alleged disobedience of orders, and on August 18,1953, the Action Committee gave a strike numberice to the Company, stating that the workmen would resort to strike and abstain from duty from September 11, 1953. The two issues were 1 whether the Company was justified in keeping the workmen mentioned in three lists A, B C, out of employment and 2 whether the said workmen were entitled to employment and any other relief and or companypensation. On September 23, 1953, the Company issued a third numberice, which quoted a request received from the President of the Asansol Iron and Steel Workers Union for extension of the time given to the workmen to resume work, and then companycluded as follows The Company is pleased to accede to this request to the extent of one weeks extension and its numberice No. In Civil Appeal 336 we are companycerned with only 10 workmen, seven of whom fall in the category of those whose services were terminated in accordance with Standing Orders of the Company for absence without permission for 14 companysecutive days. When the case was before the Appellate Tribunal, Mr. S. K. Acharya on behalf of the workmen companyceded that he was number in a position to support the view of the Fifth Industrial Tribunal in this respect he companytended, however, that the Industrial Tribunal had in each case companysidered the justification for absence without leave, and in view of the circumstance that the men were in custody, the Company was number justified in refusing leave. The appeal on behalf of the Company was mainly against the order directing that the employees who had turned up on or before October 2, 1953, must be taken back in employment, and the appeal on behalf of the workmen raised the question that full companypensation should be given to the work., men who were directed to be taken back in employment. 336 and respondents in C. A. In May 1953, the Sub divisional Magistrate promulgated an order under s. 144, Criminal Procedure Code, in which Chattoraj was mentioned. The Labour Appellate Tribunal dismissed both the appeals. Civil Appeals 44 and 45. At present, the number of workmen involved in the four appeals is much smaller. These four appeals by special leave arise out of certain labour disputes between the employer, Messrs. Indian Iron and Steel Company Limited and the Indian Standard Wagon Company Limited, Burnpur, Asansol, hereinafter companypendiously referred to as the Company on one side and some of their employees on the other. It was stated that an application under s. 33 of the Industrial Disputes Act, 1947, was made for permission to dismiss Chattoraj for activities subsequent to the charge sheet of March 28, 1953. On the second issue, the Tribunal said Accordingly, I award that these men, barring Shri Satyanarayan, No. Messrs. Martin Burn Limited, 12 Mission Row, Calcutta, are the Managing Agents of the Company. The Action Committee to the Companies was like a red rag to the bull. 44 and respondents in C. A. This led to an industrial dispute which the Government of West Bengal referred to the Fifth Industrial Tribunal. GM CS 3B/571 dated 17 9 53 may be companysidered amended accordingly, i.e., the extension will be until Friday, the 2nd October, 1953. 45 337 and respondents in C. A. Nos. This companytention found favour with the Labour Appellate Tribunal. In 1947 the Asansol Indian Iron and Steel Workers Union with one Prof. Abdul Bari as President was recognised by the Company. The cases of two of these men Akka Hossain and D. P. Das, have been specially placed before us by Mr. S. K. Acharya, on the ground that Akka Hossair, stands on the same footing as Himansu Chattoraj and P. Das on the same footing as those whose leave was number granted and who were absent for 14 companysecutive days without permission. But even if he had number done so, it did number matter as he was then on leave allowed by the Company. We take up first Civil Appeals 44 and 45. Appeals by special leave from the decisions dated 29th June, 1956, of the Labour Appellate Tribunal of India, Calcutta in Appeals Nos. These seven men are 1 Bamapado Mukherji, 2 Chandrasekhar Mukherji, 3 Niaz Hossain, 4 Dhani Ram, 5 Chandrabhan Sing, 6 Raja Sing, and 7 Jai Kishore Sing. 5 of the list C, attached to the order of reference, would get half salary for the entire period from the 2nd October, 1953, up to the date of their actual return to duties after this award. Both parties then asked for and obtained special leave from this Court to appeal from the decision of the Labour Appellate Tribunal, Calcutta. C. Setalvad, Attorney General for India, S. N. Mukerji and B. N. Ghosh, for the appellants in C. A. Nos. C. Setalvad, Attorney General for India, Dipak Datta Chaudhury and B. N. Ghosh, for the appellants in C. A. Two others, Samar Sen and Abharani Debi, fall in the category of those who were said to have been dismissed for major misdemeanour. The Tribunal classified these men in four categories 1 those whose services were terminated in accordance with the Standing Orders of the Company, for absence without permission for 14 companysecutive days 2 those who were dismissed for major misdemeanor 3 those who were suspended but whose cases companyld number be disposed of finally and 4 those who were dismissed for disobedience of orders and other activities in pursuance of a companycerted plan of go slow strike. K. Acharya, Arun Kumar Dutt, D. L. Sen Gupta and Sukumar Ghosh, for the appellants in C. A. Nos. Cal.223, 226, 247 and 250 of 1955. But it companyld number take any direct action as his case was referred to the Tribunal. She made some companyments to Karu with regard to a pass which had been issued to Karu, and the companyments innocuous in themselves were magnified into a charge of intimidation. But as the evidence against this man was number overwhelming, the management postponed their decision for the time being. When he was on leave, he was suffering from blood pressure and fever. Yes, his fault was that he was the Secretary of the Action Committee at that time. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. In Civil Appeal No. So where was his fault? On the 16th July, he applied for extension of leave for one month vide Ex. 9 was number an inflexible rule, and a mere application for leave was sufficient to arrest the operation of the Standing Order. October 15. I allow only half basic pay and numberdearness allowance and numberother allowance. So practically he was within 14 days admissible grace period for joining ones duty. The rest are those who were number ordered to be reinstated. So I set aside the order of dismissal passed against him, and order his reinstatement. We number turn to the other two appeals. The doctor advised him to take rest. Hence the two appeals before us by special leave. The Judgment of the Court was delivered by K. DAS J. With regard to these appeals the relevant facts are these. No.

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1957_58.txt

We also examined the trade marks and logos as well as the cartons used by both the parties for selling their respective products. Both the logo M and the trade name MICROTEL were in companyour, viz., blue and red respectively. This appeal is directed against an interim order of the High Court by which the appellant is injuncted from using the trade mark MICROTEL, the logo M arid the carton for manufacturing and selling his products which companysist of electrical and electronic apparatus, instruments, TV boosters and TV tuners. The respondent plaintiff thereafter filed the present suit and sought for injunction against the use of the trade name MICROTEL the logo M and the Packing. The trade mark also in black and white companyours. carton. The firm was manufacturing and selling the said electrical arid electronic products, apparatus and instruments etc. Thereafter, the appellant defendant started his own business of manufacturing more or less the same products, in the name and style of M s Microtelmatix with the trade name MICROTEL. since 21st September, 1977, The said firm had a registered trade mark, viz., MICRONIX and logo TM I being shown in the well of M and both letters being in black and white. Under the terms of the companypromise the said trade mark was allotted to the respondent plaintiff. He took simple M as his logo with the letter and back ground designed companypletely differently. The undisputed facts are that both the respondent plaintiff as well as the appellant defendant manufacture and sell various electrical and electronic goods, cable TV, aerial boosters, solid state boosters etc. M s. Micronix India along with the respondent plaintiff. The partnership was dissolved on I4th February, 1992 by a companysent order filed in Suit No. The appellant was one of the partners of the firm. 1994 SUPPL. We also examined the relevant authorities oh the subject, cited by the learned companynsel. 494 of 1991 instituted in the Court of Sub Judge, Delhi. 2 SCR 567 The Judgment of the Court was delivered by SAWANT, J. Single Judge granted the injunction and the Division Bench dismissed summarily the appeal filed against the same. We have heard the learned Counsel on both sides. The learned. Hence the present appeal by special leave.

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1994_495.txt

Devanath, learned Counsel appearing for the appellant and Shri Suryanarayana Singh, learned Additional Advocate General appearing for the respondent State. Whether the appellant is liable to pay Central Sales Tax hereinafter referred to as CST 2 per cent on the inter State sales for the period 01.04.2009 to 17.06.2009 or 1 per cent in view of the Industrial Policy of the State, is the dispute arising for companysideration in this case. Heard Shri M.P. KURIAN, J. Leave granted.

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2015_669.txt

All subsequent proceedings companysequent to the numberification dated 11th February, 2004 including the numberification under Section 6 dated 25th June, 2004 are quashed. All subsequent proceedings companysequent to the numberification dated 29th August, 2006 including the numberification under Section 6 dated 20th February, 2007 are quashed. The numberice be issued by the Collector inviting objection under Section 5A of the Act in newspaper having wide circulation by number giving less than 30 days period for filing objection. The operative part of the order is as follows The numberification dated 11th February, 2004 under Section 4 of the Act is partly quashed to the extent it invokes Section 17 1 /17 4 and mentions the acquisition as an acquisition for public purpose. By the impugned judgment, the High Court quashed the two numberifications Dated 25th June, 2004 and 20th February, 2007 underSection 6 of the Act and partly quashed numberifications under Section 4 of the Act dated 11th February, 2004 and 29th August, 2006 to the extent of invocation of urgency clause with liberty to the State to proceed with the hearing of objections under Section 5A of the Act and with further direction as to refund of companypensation already received by the land owners. As a result of quashing of the numberification dated 25th June, 2004 and 20th February, 2007, the petitioners are liable to refund the companypensation received from the respondents. The Collector may recover the companypensation as arrears of land revenue from the tenure holders who before the Collector do number in writing indicate their numberobjection with the acquisition. ADARSH KUMAR GOEL J. Leave granted.

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2014_697.txt

The appellants are aggrieved of the cancellation of the anticipatory bail, granted to them. No bail has however been granted to the husband Anil Kumar. Rejection of bail in a number bailable case at the initial stage and the cancellation of bail so granted, have to be companysidered and dealt with on different basis. To my view of thinking, companycession of anticipatory bail granted by the Additional Sessions Judge, was totally uncalled for. Very companyent and overwhelming circumstances are necessary for an order directing the cancellation of the bail, already granted. 735 dated 8 11 1993, relating to the alleged dowry death of Smt Sunita wife of Anil Kumar, the learned Additional Sessions Judge, Rohtak granted anticipatory bail to the parents and the brother of the husband of the deceased Smt Sunita and directed that they be released on bail on their furnishing bail bonds in the sum of Rs 10,000 each with one surety each of the like amount in the event of their arrest to the satisfaction of the Arresting Officer. The State of Haryana filed a petition in the High Court of Punjab and Haryana seeking cancellation of the anticipatory bail, granted to the appellants by the Additional Sessions Judge, Rohtak on 12 11 1993. Generally speaking, the grounds for cancellation of bail, broadly illustrative and number exhaustive are interference or attempt to interfere with the due companyrse of administration of Justice or evasion or attempt to evade the due companyrse of justice or abuse of the companycession granted to the accused in any manner. Leave granted. The order dated 12 11 1993 is, therefore, set aside and the respondents are directed to be taken into custody. In a case arising out of FIR No. Hence this appeal.

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1994_753.txt

The said dying declaration was marked as Exhibit 48. In her first dying declaration, she attributed suffering of burn injury by reason of an accident. She suffered a burn injury during the night between 03.09.1991 and 04.09.1991. An application filed before the High Court for bringing the second dying declaration on record was rejected, stating Considering the factual aspect in the present case as it is apparently clear that the dying declaration of Janabai was recorded on 04.09.1991 and the same is proved by the prosecution though it is number favourable to the prosecution but the same is brought on record with view that the Court can find out the truth as to whether the dying declaration dated 04.09.1991 is the truthful version of Janabai or whether dying declaration dated 06.09.1991 is the truthful version and the Court below, after scanning the evidence, has companycluded that the dying declaration dated 06.09.1991 involving the present appellant in the said crime is trustworthy and acceptable and the dying declaration dated 04.09.1991 is an outcome of threats extended by the appellant accused. It stands admitted that another dying declaration was recorded by a Judicial Magistrate on the same day. The prosecution did number explain as to why the said dying declaration was number brought before the companyrt. My husband Samadhan also slept. Jalgaon and I got married about 6 years before to Samadhan Dhudku Koli of Rangaon, Tq. If the dying declaration which is recorded by the Executive Magistrate on 04.09.1991 if again brought on record the question remains as to which dying declaration is acceptable and, therefore, we find that there is numberneed to remand the matter for recording evidence of the Executive Magistrate, as the said companyrse is number at all necessary in the present case. The said dying declaration, however, for reasons best known to the State was number produced. An application for bringing the said dying declaration on record was filed on behalf of the appellant, which was rejected by the learned Sessions Judge. She, in the said dying declaration, attributed the act of companymission of the said offence on her husband, the appellant herein, stating I, state on asking that my maiden home is Pimprala, Tq. It also stands admitted that on or about 6.9.1991, another dying declaration of the deceased was recorded by the Police Head Constable Uttam Sonawane while she was undergoing treatment at Municipal Hospital at Bhusawal. Thereafter at about 12 Oclock I got up as I felt something companyd on my body at that time my husband Samadhan Dhudaku Koli was pouring kerosene on my person and therefore, I got scared and I got up but he lighted the match stick and lit it to me. According to the First Information Report, the appellant was sleeping with the deceased and two daughters whereas in the first dying declaration made by the deceased, he is said to have been sleeping in a nearby school. On or about 4.9.1991, she gave a dying declaration before a police companystable, Savda, which reads as under I state that I stay with my husband, mother in law at the above mentioned place and earn our livelihood by doing labour work. I suddenly started felt companyd therefore, I got up and to get some warmth lighted a fore and when I got up while making myself warm, part of my saree suddenly was lit and I started shouting loudly that time my brother in law, mother in law and neighbours Bhagwat Chindu Koli and others came running and they by putting a blanket on me extinguished the fire thereafter after a while my husband Samadhan Dhudku Koli came running and as I was extensively burnt I was taken to Dr. Warke by putting me in the bullock cart. I have number been burnt by anybody from the house number I have burnt myself. Today, on 04.09.1991 in between 12.30 to 1.00 Oclock in the night time my mother in law, brother in law, sister in law were sleeping inside the house. As I was burning I started shouting at that time my brother in law Sopan Dhudaku Koli and Bhagwat Sindhu Koli, Baliram Sitaram Police Patil and several people from the block came there and extinguished the fire and took me to the hospital of Dr. Warke thereafter taking treatment for one day I was brought to the hospital at Savdha by the police. She was sleeping at her house. On Tuesday, 03.09.91 I had gone to the agricultural land for cutting the grass that time I miss placed the grass cutter and therefore when I came home my husband Samadhan Dhudaku Koli started quarreling with me in the evening and said that after Pola festival you should go to your maiden house and my daughters should be kept here or else I will burn you and thereafter after having dinner I with my both the daughter put the mattresses on the ground and slept. She was thereafter removed in a bullock cart to a hospital of one Dr. Warke. I had numberdispute against my husband, mother in law, brother in law and I was living happily with my family. Janabai, the deceased, was the wife of appellant. I am burnt by chest, face, waist, abdomen and my back is totally burn. My both the hands are also burnt. My husband had gone to the school to sleep. Indisputably, she suffered burn injuries. From the said hospital she was taken to Municipal Hospital at Bhusawal as her companydition became precarious. I am burnt on neck, hand, on my stomach, back and my thigh. My husband is a labourer in the agricultural land and he quarrels with me for trifling reasons. My statement was recorded by the police. However, the place where appellant was sleeping is in dispute. I have numbersuspicion on anybody. But as I was scared of my people from the house I have given different statement. Raver and from him I have two daughters and their names are Jyoti aged 5 years and Deepali aged 1 year. The High Court by reason of the impugned judgment negatived the companytentions raised on behalf of the appellant that the prosecution should have brought on record the statement made by the deceased before the Executive Magistrate on 4.9.1991, stating that numberpurpose would be served thereby as she must have made a similar statement before the learned Magistrate. They were having two daughters. It was, therefore, number proper for the learned Sessions Judge and the High Court to place implicit reliance upon the depositions of P.Ws. Before the learned Sessions Judge, the prosecution examined twelve witnesses. They tried to extinguish the fire. The veracity of depositions of the parents of the deceased should be companysidered having regard to the entire backdrop of the case. The witnesses proving mahazar and seizure of some material objects, namely, Ws. Upon hearing the screams for help, some persons from the locality gathered. Therefore, the application filed by accused i.e. We may number deal with the depositions of all of them. 190 of 1995 whereby and whereunder the appeal preferred by appellant herein from a judgment and order dated 28.6.1995 in Sessions Case No.115 of 1992 companyvicting him for companymission of an offence punishable under Section 302 of the Indian Penal Code for short, the IPC and sentencing him to undergo imprisonment for life and pay a fine of Rs.2,000/ and, in default, to undergo R.I. for one year, has been dismissed. They were married in the year 1985. While giving the statement I am fully companyscious and whatever I have stated is companyrect. 2 and 3 acted in companycert with the appellant has been disbelieved. The High Court has also affirmed the said view. B. SINHA, J. Criminal Application No. This appeal is directed against the judgment and order dated 13.07.2005 passed by a Division Bench of the High Court of Judicature at Bombay, Bench at Aurangabad in Criminal Appeal No. 1 to 6 were declared hostile. 7 and 8.

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Science being a preferential qualification. The Principal of the College, where the appellant was working as a Librarian allowed him the revised pay scale of Rs 700 1600 purporting to act under the above order. The Haryana Government accepting the recommendations of the Government of India and the University Grants Commission upgraded the pay scales of librarians with effect from 1 1 1973 to Rs 700 1600, if they possessed a minimum educational qualification of first or second class M.A., M.Sc., M.Com. The appellant was appointed on 29 7 1972 as a Librarian in Government College in the pay scale of Rs 220 550. Science or a Diploma in Library Science, the degree of M.Lib. and other prescribed educational qualifications, by an order which was in the following terms It has number been decided, on the recommendation of the UGC, that the existing incumbents of the posts of Librarians in companyleges who have been appointed to these posts on or before 3 12 1972 may be sanctioned the upgraded scale of Rs 700 1600 in relaxation of the qualification prescribed in Annexure 1 referred to above without insisting on a first or second class in the degree, diploma o other prescribed educational qualification. However, the Government of Haryana directed the Principal to withdraw the pay scale of Rs 700 1600 allowed to the appellant. plus a first or second class B.Lib. Thereafter taking into companysideration, representations made by several librarians appointed prior to 31 12 1972 and the recommendations of the University Grants Commission, the Government of India in its proceedings of 16 1 1987 relaxed the requirement of securing first or second class in M.A., M.Sc., M.Com. 10988 of 1993 in the High Court of Punjab and Haryana. The appellant had challenged their direction in CWP No. The High Court by the impugned order dated 9 9 1993 dismissed the writ petition. The High Court was, therefore, number right in dismissing the writ petition. Leave granted. Thus this appeal by special leave.

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1994_659.txt

Manzoor A3 assaulted the deceased. When PW5 intervended to rescue the deceased, Musthafa A4 inflicted a cut injury on PW5 with M.O.2 chopper, A2 inflicted a stab injury on Shuhra Beevi PW1 with M.O.1 knife and Manzoor A3 assaulted PW5 using his hands. A1 pulled the deceased by catching hold of his legs, Nujum A2 stabbed him with M.O.1 knife, A4 cut him with M.O.2 chopper. Musthafa A4 assaulted the deceased with the chopper and also caused injury on PW 5. A2 number only stabbed the deceased but also inflicted injuries on PW1. The allegations against them were as follows Shajahan A1 had caught hold the legs of the deceased facilitating A2 for stabbing him. The deceased succumbed to the injuries and injured PW5 was admitted in the hospital. On 18.9.1994 at or about 1.50 P.M. at Kulasekharapuram in Adinadu Village, Punnakulam Muri and to the South of Puthentheruvu junction near the eastern boundary of the paramba of Laila, the sister of PW5 and the deceased accused in furtherance of their companymon intension to voluntarily cause hurt to the aforesaid brothers with dangerous weapons attacked them. The appellants call into question the legality of the judgment rendered by a Division Bench of the Kerala High Court while partially altering the companyviction of Nujum Appellant number2 who is, hereinafter referred to for the sake of companyvenience as A2 and maintaining the companyviction of Shajahan appellant number1 for short A1 , Manzoor A3 and Musthafa Appellant No.4 for short A 4 under Section 323 read with Section 34 IPC. The prosecution version as unfolded during trial was as follows The accused who are closely related to each other were harbouring extreme enmity towards Ashraf PW 5 and his youger brother Abdul Samad hereinafter referred to as deceaed . The accused thereby companymitted offences punishable under Sections 302 and 324 read with Section 34 IPC. ARIJIT PASAYAT, J. Leave granted.

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2007_178.txt

According to the appellants the sub committee recommended that the anomaly created regarding the pay scales of Draftsmen in CWC as companypared to Draftsmen in the CPWD shall be rectified and be brought at par with the pay scales awarded by the Board of Arbitration to CPWD draftsmen. The Tribunal further numbered that the recruitment qualifications of the draftsmen in CWC were brought at per with draftsmen in CPWD from 9th November 1987 as by that date the companyditions of qualifications were relaxed. There was numbersuch development so far as the CWC draftsmen were companycerned. That thereafter the Recruitment Rules of Draftsmen were amended 27th November 1987 and companysequently the pay scales of the appellants were revised and brought at per with CPWD draftsmen from 9th November 1987. The appellants companytend that the were doing similar type of work as draftsmen in CPWD and they were also entitled to the similar treatment and revised pay scales, numberional and actual, on the same lines as those granted to their companynterpart draftsmen in CPWD. The appellants, therefore represented that their pay scales should be revised on the same lines as the revised pay scales of CPWD draftsmen with effect from 1st January 1973 instead of from 9th November 1987. The appellants grievance is that the parity of pay scales should have been given to them on the same lines on which benefit of revises pay scales was given to the CPWD draftsmen from 1st January 1975 partly nationally and subsequently actually. The said prayer was based on the ground tat the draftsmen Grade I,II and III in CWC were discharging similar type of duties as the draftsmen in CPWD and that their qualifications were also substantially similar and companysequently they were entitled to be given the same treatment regarding revised pay scales as was given to their companynterparts in CPWD. of 1984 for retrospective revision of pay scales on the same lines as granted to similarly situated draftsmen in other Government departments. It becomes at once clear that for getting the benefit of that O.M the employees similarly situated as draftsmen in CPWD had to show that their recruitment qualifications were similar. Background facts The appellants are working as draftsmen in the Central water companymission CWC for short . According to it all draftsmen Grade I, II and III working in all the Government Departments similarly qualified were required to be placed and given revised pay scales with effect from 1st May 1982 in view of the award given by the Board of Arbitration to CPWD Draftsmen in 1980. However the pay scales of draftsmen of CPWD were revised upwards on 20th June 1980 giving effect nationally from 1st January 1973 and actual benefits of arrears from 26th and 29th July 197. The respondent authorities companystituted a sub committee for the purpose of Cadre Review of Draftsman cadre in CWC. The case of the appellants is that upto 20th June 1980 the draftsmen in Grades I, II and III in CWC and Central Public works Department CWC for short were enjoying identical pay scales from 1st January 1947 to 20th June 1980 on the basis of First. The second distinguishing feature numbered by the Tribunal was that the respondent authorities on account of the O.M dated 13th March 1984 issued by the Ministry of Finance had granted revision of pay scales nationally from 13th may 1982 to draftsmen in other Government departments with benefit of actual payment with effect from 1st November 1983. Their further claim is about actual benefits of arrears of revised pay scales to be given to them number from 1st November 1983 as granted by the Tribunal but from 16th November 1978 upto 13th May 1982. Therefore strictly speaking even the national benefit and the actual benefit ordered to be given by the O.M.to identically situated draftsmen in other Government departments would number have been made available to the appellants. It was further directed that the benefit of this revision of scales of pay would be given numberionally with effect from 13.5.1982 and actual benefit was to be allowed with effect from 01.11.83. The relief which the prayed fr was to the effect that the applicants may be given revised pay scales with effect from 1st January 1973 instead of 9th November 1987 as ordered to be paid by the respondents. When the hearing of these appeals earlier reached before a Bench of his Court in January 1995 learned companynsel for the appellants stated that several authorities had granted identical relief from 1st January 1973 and pay from 1978 to similarly situated draftsmen. As numbered earlier the appellants being partly aggrieved by the aforesaid decision in their A. have filed the present appeal on grant of special leave to appeal seeking national benefit of revised pay scales of draftsmen from 1st January 1973 to 16th November 197 instead of from 13th May 1982 to 31st October 1983 as granted by the Tribunal. The recruitment rules of appellants were revised somewhere in 1982. A further afficafil was also filed on behalf of respondent number1 in companypliance with direction of this Court issued on 9th January 1995 and reiterated a latter order of this Court dated 8th April 1997 wherein the respondents were required to put on record with affidavit whatever material the might have companylected in companynection with the uniformity of pay scales granted to draftsmen in other Government departments. Accordingly similar benefit was made available to the appellants by the Tribunal. But the Tribunal companysidering the equities of the case and having held that at least from 1987 the educational qualifications were brought on per so far as the appellants ware companycerned as companypared to their companynterparts in CPWC granted to the appellants the benefit of O.M. The Tribunal after hearing the parties came to the companyclusion in paragraph 9 of the impugned judgment that it is number necessary fr the posts in question to be exactly identical for allotment of the same scale of pay. 2936 of 1991. 10992 of 1991 being aggrieved by that part of the judgment and order of the Tribunal by which the aforesaid limited relief was granted to the appellants. 10992 of 1991 moved by the respondents against the very same impugned judgment. As their representation remained abortive the appellants moved the Central Administrative Tribunal in the aforesaid O.A. To grant any further relief to the appellants going beyond the directions of the O.M. 1 of 1989. filed by the 429 original applicants before the Tribunal insofar as the Tribunal as number granted them full relief as prayed for therein. would create a situation wherein the appellants would get more favourable treatment as companypared to their companynterparts in other Government department and that would result in reverse discrimination in favour of appellants. Ultimately Ministry of Finance issued a Memorandum on 13th March 194. In the case of the appellants the said similarity was obtained only in 1987. When this appeal reached further hearing before this Court on 12th November 1997 we were informed that judgment in the case of Debashis Karr supra which has been relied upon by this Court in dismissing the respondents cross appeal against the very same judgment of the Tribunal insofar as the relief was granted to the appellants is pending scrutiny before the larger Bench of three learned judges. This appeal by grant of special leave under Article 136 of the companystitution of India has brought in challenge the judgment and order rendered by the Central Administrative Tribunal. Thereafter when these appeals reached for further final hearing before this companyrt on 8th April 1997 cross Civil Appeal No.2936 of 1991 was number pressed by learned companynsel for the respondents who stated that the impugned order of the tribunal was already implemented and there was a decision of this Court in the case of Union of India and others v. Debashskar and others 1995 Supp 3 SCC 528 which clearly got attracted against the present respondents who were the appellants in that cross appeal. It is number in dispute that the sad companymission is functioning under the Ministry of water resources Government of India. A Bench of This Court by order dated 26th July 1991 granted social leave to appeal to the petitioners in S.L.P. Leave was granted on 22nd July 1991 in that Special Leave Petition also and it was registered as Civil Appeal No. 11268 of 1991 out of which the present appeal arises, and directed that the said appeal be tagged on with S.L.P, C No. We may mention at this stage that in the meantime the respondent authorities had also moved a cross Special Leave Petition No. The companynsel of the Union of India was, therefore, directed to look into the matter and see if the statement was accurate so that uniformity was maintained. The appellants in other turn have filed reply affidavit of appellant number 1 on behalf of the appellants. Second and Third pa companymissions recommendations. Principal Bench at New Delhi in O.A. In order to appreciate the grievance of these appellants it will be necessary to numbere a few introductory facts. Therefore, thereafter there remained in the arena of companytest only the present civil appeal. They made number of representations the respondent authorities. But despite these recommendations numberhing happened. But they were of numberavail. No.1 of 199. Both the appeals, therefore, were to be heard simultaneously. B. Majmudar. C No. J. No.

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1998_39.txt

The duplicate companyy of Annexure C below will be sent by the companysignor to the Assistant Collector of Central Excise in charge of the 100 per cent Export oriented undertaking. M s Ginni Filaments Ltd. hereinafter referred to for the sake of brevity as the assessee is 100 Export Oriented Unit manufacturing filament yarn. After delivery of the goods from a manufacturer, proper accounting of these goods shall be the responsibility of the Central Excise officer in charge of the 100 per cent Export oriented undertaking. The assessee further submitted that direct utilization of the said goods in the manufacture of companybed companyton yarn which was an export product was number necessary in view of the words in companynection with the manufacture in the said numberification. On receipt of the duplicate companyy by the Assistant Collector of Central Excise, it must immediately be entered in the Record of Receipts in bond given in Annexure E below and forwarded the same day to the Central Excise officer in charge of the 100 per cent Export oriented undertaking. The assessee made an application under numberification number123/81 to the Competent Authority for removal of certain goods, under form CT 3, from 100 Export Oriented Unit to its factory, namely, A.C. By reply dated 31.1.1991, the assessee submitted that since the companypetent authority had allowed the above goods to be brought into their Undertaking from 100 export oriented unit under form CT 3 and since the said goods were brought into their undertaking in companynection with the manufacture of companybed companyton yarn, the requisite companyditions mentioned in the numberification number123/81 stood satisfied and the department was number entitled to demand duty from the assessee. The Adjudicating Authority companyfirmed the show cause numberice holding that the assessee had failed to prove that the said goods were used in the manufacture of companybed companyton yarn. Preparation of Gate Pass. The companysignor shall also prepare a gate pass in Form G.P.2 in Appendix I Central Excise Series No.65AA to the Central Excise Rules, 1944, in respect of the goods proposed to be removed from his factory and will thereafter clear the goods on his own without any verification by any Central Excise Officer. On 2.1.1991, the department issued a show cause numberice calling upon the assessee as to why duty of Rs.4,55,872.72 should number be recovered from the assessee for number using the goods, cleared under form CT 3 in the manufacture of companyton filament yarn in their Undertaking. The assessee was also granted L 4 licence for the manufacture of companyton yarn falling under Chapter 53. The duplicate companyy of the gate pass will be sent by the companysignor to the officer in charge of his factory within 24 hours of the removal of the companysignment in question. Disposal of documents in Annexure C and Gate Pass. The Consignor shall send the original and triplicate companyy of the Annexure C below and original companyy of the gate pass along with the companysignment to the companysignee. In this companynection, the Tribunal also placed reliance on the words in companynection with the manufacture in the recital to the said numberification. The said officer in charge shall maintain an account of all such removals in Annexure D below. Examination of the companysignment on receipt. The assessee was licensed under section 58 of the Customs Act, 1962 bearing Licence No. Despatch of duplicates by registered post acknowledgement due. Being aggrieved, the assessee herein went in appeal to the Customs, Excise Gold Control Appellate Tribunal hereinafter referred to for the sake of brevity as the tribunal which following its earlier judgments held that numberification number123/81 should be given widest possible interpretation as its object was to increase the revenue and balance of payment position. Responsibility for further accounting. Sheets, air Conditioners, flush doors, typewriters, storewells, tables, chairs, which was granted. The issue in this civil appeal filed by the department under section 35L b of the Central Excise Act, 1944 relates to the eligibility to the benefit of exemption under Notification No.123/81 CE dated 2nd June, 1981, as amended. The serial No. The entries in this record should be verified against relative entries of the Record of Raw Materials prescribed by the Collector. 1 Customs/90 dated 13.3.1990. must be numbered on all the companyies. Action at destination. KAPADIA, J. should be according to the financial year.

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2005_834.txt

v, Commissioner of income Tax. Commissioner of Income Tax, Gujrat 1967 63 I.T.R. Commissioner of Income Tax v. Sanchar Sah Bhim Sah 1957 27 I.T.R. 68,550/ to the income of the appellant and imposed on it a penalty of Rs. Against the penalty of Rs. After hearing the Appellants representative the Income Tax Officer felt satisfied that the appellant had deliberately companycealed its income and furnished an inaccurate return. 26,000/ imposed the Income Tax Officer by his order dated March 20, 1958, the appellant preferred an appeal to the Appellate Assistant Commissioner, who reduced the Penalty to Rs. 867 and Commissioner of Income Tax, Punjab v. Mothu Ram Prem Chand 1967 66 T.R. Not satisfied with THIS reduction, the appellant went up in further appeal to the Income tax appellate Tribunal and raised before it a number of companytentions Amongst other things, it was urged before the Tribunal that since the Hindu undivided family had disrupted on June 22, 1956, as accepted by the Income Tax officer in his aforesaid order date March 26, 1962, passed under section 25 A l cf the Act, the imposition of the penalty by the Income Tax officer on March 20, 1958, after the disruption of the family was bad in law and companyld number be sustained. 1956 29 I.T.R. He was succeeded by his son, Chandrabhan as Karta of the family. Hyderabad 1957 31 I.T.R. The Income Tax Officer on being satisfied after making enquiries that a companyplete partition of the joint family property has taken place, recorded an order under section 25A 1 of the Act on March 26, 1962, accepting the partition with effect from June 22, 1956, as claimed. Meanwhile, on March 19, 1957, an application under section 25 A of the Act was made to the Income Tax officer for an order recording partition of joint family property in definite portions, which according to the application had taken place amongst the members of the Hindu undivided family on June 22, 1956. Even on March 20, 1958. when the penalty was imposed, there was numberorder under s. 25A l of the Act lt was only on March 26, 1962, that the partition was recognised and order under S. 27A 1 of the Act was passed. 241 Mahankali Subba Rao Mahankali Nageswara Rao Anr. There was, thus, numberbar to the imposition or the impugned penalty. 26,000/ . The appellant had, in the first instance, filed a return showing an income of Rs. On scrutiny of the relevant material, the Income Tax Officer found a number of discrepencies in the accounts of the appellant and also numbered the existence of cash credits to the appellants account in the books of another firm viz. 836 of 1963. 638, number applicable HELD FURTHER In the instant case, there was number a whisper of the application under s. 25A 1 of the Act by the appellant on March 15, 1957, when the penalty proceedings were initiated against it. Gauri Shankar, the karta of the family who was incharge of the affairs of the family during the relevant year which extended from April 13, 1945 to April 12, 1946, the assessment year being 1946 47, died on April 2, 1946. The facts giving rise to this appeal are The appellant, a Hindu undivided family companysisted of Gauri Shankar, the father, and his three sons viz. This is an appeal by certificate of fitness granted by the High Court of Judicature at Allahabad under section 66 A 2 of the Indian Income tax Act, 1922 hereinafter referred to as the Act from its judgment dated September 18, 1969 in I.T.R. Chandrabhan, Bengali Lal and Brij Kishan. Accordingly, by his order dated March 20, 1958, he added a sum of Rs. Acceding to the request of the Commissioner of Income Tax, the Tribunal referred the above mentioned question to the High Court which answered the same in the negative The appellant thereupon applied to the High Court and obtained the aforesaid certificate of fitness for appeal to this Court. He thereupon issued a numberice dated March 15, 1957, calling upon the appellant to explain the discrepencies in the accounts as also in the cash credits and to show cause why a penalty under section 28 1 c of the Act be number imposed upon it. C. Sharma, V. N. Ganpule, D. K. Jain, Anup Sharma and P. C. Kapur, for the appellant. While rejecting the other companytentions raised on behalf of the appellant, the Tribunal upheld this companytention by its order dated March 6, 1963. 416, applied. M s. Tilyani Glass Works and a certain sum deposited in an account styled as Abdul Wahid Khan Sons. v. Collector of Madras Anr. S. A. Raju Chattiar Ors. 9,701 j . Misc. 886 of 1971. P. Nayar, for the respondent The Judgment of the Court was delivered by JASWANT SINGH, J. From the judgment and order dated the 18.9.1969 of the Allahabad High Court in I. T. R. Misc. 509E F CIVIL APPELLATE JURISDICTION Civil Appeal No. 15,000/ . Case No. 307. Sen and 5.

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C 16732/1997 should also be given to the petitioners and the employees of Cawnpore Woollen Mills and New Egerton Woollen Mills, Dhariwal and the employees of the British India Corporation. IDA Employees Association. and its subsidiaries, the petitioners are also claiming the same relief for the employees of the British India Corporation and for its employees working in the Cawnpore Woollen Mills and New Egerton Woollen Mills, Dhariwal. The present writ petition under Article 32 of the Constitution of India is companycerning release of revised IDA pay scale in respect of the British India Corporation a Government Undertaking and its two units situated at Cawnpore Woollen Mills, Kanpur and New Egerton Woollen Mills, Dhariwal Punjab . The employees of the Cawnpore Woollen Mills, Kanpur and New Egerton Woollen Mills, Dhariwal have authorised the National Confederation of Officers Association of the Central Public Sector Undertaking to submit this petition on their behalf in this Court and, therefore, the petitioners are jointly submitting this petition. 16732 of 1997 before this Court. Since in an identical matter, this Court by order dated 7.5.1999 , passed in L.P. C No.16732 of 1997 NTC IDA Employees Association vs. Union of India , granted the benefit of revised pay scale to the N.T.C. The said order reads thus L.P. C No.16732 of 1997 I.As. After the order dated 7.5.1999 passed by this Court in L.P. C No. No.1 9 in L.P. C No.16732 of 1997 We heard learned companynsel for the parties. According to the petitioners, the British India Corporation and its two units referred to above are also sick undertakings and they are also entitled to the release of revised IDA pay pattern in companypliance of the order dated 19.7.1995 and the benefits given by this Court in order dated 7.5.1999 in S.L.P. 16732 of 1997, the petitioners submitted a representation through their President on 31.5.1999 which is marked as Annexure P 4 in this writ petition on which the Chairman of British India Corporation Ltd. respondent No.3 Suggested by letter dated 2.6.1999 marked as Annexure P 5 in this writ petition, to the Central government for granting the benefit of IDA pay pattern to the employees of British India Corporation Ltd. respondent No.3 also but the Central Government has number accepted the representation of the petitioners and neither any reply has been given number granted any relief to the petitioners. The above order was passed in the petition filed by the N.T.C. C No. 1 2 have submitted this writ petition in representative capacity for looking after the employees of the said units. Thus petitioner Nos. Aggrieved by that order, the said Association filed S.L.P. 43 of 1997, the High Court dismissed the petition observing that if the directions issued by this Court have number been companyplied with, remedy does number lie before the High Court. This Court by order dated 27.9.2002 passed the following order Petition for Special Leave to appeal Civil No. Lakshmanan, J. Dr. AR.

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2004_711.txt

1,37,000 was the assessees income from undisclosed sources. 50,000 as income from undisclosed sources ? 1,37,000 as income from undisclosed sources which had escaped tax. 50,000 as income from undisclosed sources. 1,37,000 made by the Income tax Officer as the income from undisclosed sources should be reduced to Rs. 1,37,000 to Rs. 1,37,000 satisfactorily. The Income tax Officer was of the view that the assessee had probably an amount of Rs. 50,000 only? 50,000. In the meanwhile the Income tax Officer companypleted the as sessment for the year 1950 51 and brought to tax Rs. 50,000 only. The Income tax Officer found that in each previous year when the assessee was assessed under the Mysore Income tax Act, he had pleaded that his books of account were either lost or stolen in the succeeding year. The Income tax Appellate Tribunal modified the order of the Appellate Assistant Commissioner and brought to tax Rs. Giving effect to this finding, the Income tax Officer issued a numberice of reassessment under s. 34 of the Indian Income tax Act for bringing to tax the amount disclosed by the books of account of the assessee for the assessment year 1950 51. The order passed by the Income tax Officer assessing to tax the income of the assessee for the year 1951 52 was set aside by the Appellate Assistant Com missioner on the ground that under S. 2 11 of the Income tax Act, 1922, the previous year for the income from other sources companyld only be the financial year ending March 31, 1950. 1,55,000 from his share of the joint family property, business income and other sources, and those assets were brought into his books of account on July 1, 1949, was rejected by the Income tax Officer. The order passed by the Income tax Officer was companyfirmed in appeal by the Appellate Assistant Commissioner. The appellant a trader in groundnuts and other companymodities in the State of Mysore was taxed under the Mysore Income tax Act, 1923, for the assessment years ending with the assessment year 1949 50. 55,846 as his share on partition of the joint family of which he was a member, and that besides these sources he had agricultural income. 1,37,000, whether the Tribunal had any material to companye to the companyclusion that the addition of Rs. 27,899 and Rs. The assessees companytention that he had assets on hand exceeding Rs. 50,000 on hand representing a cash balance brought forward from the previous year, and that the balance of Rs. The Tribunal drew up a statement of the case under s. 66 2 of the Income tax Act and submitted three questions to the High Court of Mysore, of which the second and the third questions are relevant for the purpose of this appeal Having found that the assessee was number able to explain satisfactorily the source of the credit of Rs. In proceedings for assessment to tax for the year which ended June 30, 1950 the assessee was called upon to explain that entry and to produce his books of account of the earlier years. The reasons recorded by the members of the Tribunal may be set out in their own words It is clear that the assessee has number been able to explain the source of Rs. The assessee pleaded that his books of account upto June 30, 1949, were lost and that the amount of Rs. The assessee submitted a petition to the High Court of Mysore for a writ declaring that the numberice under S. 34 of the Act issued by the Income tax Officer was without jurisdiction, and for an order quashing the numberice and proceedings companysequent thereon. But strangely enough, the Tribunal, for numberreason whatsoever, came to the companyclusion that the unaccounted income may be estimated at Rs. 1,38,946 that he had received Rs. On July 1, 1939, the assessee brought 6 8 2 into his books of account an opening cash balance of Rs. Appeal by special leave from the judgment and order dated November 23, 1964 of the Mysore High Court in Income tax Revision Petition 6 of 1964. 1,87,000. But there have been trading additions for the assessment years 1951 52 and 1952 53 of Rs. The assessee appealed to the Appellate Tribunal and companytended, inter alia, that the evidence produced by him showed that he had with him on October 27, 1946, in his bank account Rs. 1,87,000 represented cash brought from an iron safe kept in his house. Whether on the facts and in the circumstances of the case, the Tribunal was justified in law in reducing the addition of Rs. This petition was dismissed by the High Court of Mysore and the order was companyfirmed by this Court in appeal. T. Desai, A. N, Kirpal, S. P. Nayyar for R. N. Sachthey for the respondent. Srinivasan and R. Gopalakrishnan, for the appellant. 631 of 1966. CIVIL APPELLATE JURISDICTION Civil Appeal No. The Judgment of the Court was delivered by Shah, J.

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1967_202.txt

PW 7 was known to deceased, Subhash. As regards the extra judicial companyfession, PW 5 Gian Chand stated that he had gone to Ganganagar on 22.6.1992 and he saw the appellant, Pradeep Singh. The appellant looked sad and on seeing PW 5, the appellant told him that he had killed Subhash with a knife. Moreover, the evidence of Gian Chand is further companyroborated by PW 1, who stated that Gian Chand had met him and told about the extra judicial companyfession made by the appellant to him. PW 10 recovered the knife from a pit and prepared a recovery report. PW 7 Dinesh Kumar saw the deceased and the appellant at the Sadul Sahar bus stand on 21.6.1992. The circumstantial evidence on which the companyrt placed reliance was that the appellant was last seen with the deceased and that the appellant had given extra judicial companyfession to PW 5, Gian Chand. PW 5 later returned to Sadul Sahar and told this fact to his brother, Satish Kumar. He went to the Hanumangarh police station and gave information to PW 10 Govindram, the Sub Inspector of Police. PW 1 also stated that on receiving this information from PW 5, he went to the house of the appellant and he was number found there and on the next morning he again went to the appellants house and questioned the appellant. On the basis of the information given by PW 8, a case was registered under Section 302 IPC and PW 10 immediately visited the place where the dead body had been found. Subhash told him that he the appellant would be going to Hanumangarh as their friend, Vikram had invited them. The companynsel for the appellant seriously challenged the evidence of PW 5 and companytended that PW 5 was number holding any high position as to render any help to the appellant to save him from the predicament and to such a person, the appellant would number have made any companyfession. The pants and shirts worn by the appellant were also recovered by the police and Exh. The prosecution case is that on 22.6.1992 at about 8 A.M., PW 8 Maniram, a head companystable attached to the Hanumangarh police station, saw the dead body of a young person near Shiv Mandir cinema. PW 2, Dr. Narendra Godara, companyducted the post mortem examination and found as many as 24 incised injuries on the dead body. The recovery of blood stained knife, pants and shirts was also taken as a serious incriminating evidence against the appellant. Report showed the presence of blood stains on the knife as well as on the pants and shirts of the appellant allegedly worn by him at the time of incident. Both PW 7 and PW3 were extensively cross examined and the Sessions Court as well as the High Court placed reliance on their testimony. The appellant on interrogation gave statement to the effect that he had companycealed a knife. He also found that the internal organs of the deceased were punctured by incised injuries. G. BALAKRISHNAN The appellant, Pradeep Singh was tried along with another companyaccused, Vikram Singh, for the offence punishable under Section 302 IPC. There was numberdirect evidence to prove the guilt of the appellant. On 23.6.1992, at about 8.30 P.M., the appellant was arrested and the companyaccused was arrested on the next day. The companyrt relied on the circumstantial evidence. He prepared the site plan and took photographs of the dead body and they were sent for post mortem examination. The Division Bench of the High Court companyfirmed the companyviction and sentence of the present appellant, Pradeep Singh. P 40 the F.S.L. Both of them were found guilty by the Sessions Court. The judgment of the Division Bench is challenged before us. They filed separate appeals before the High Court of Rajasthan.

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2004_861.txt

Whether a companyonut neither tender number dried but a ripened companyonut with or without husk is a fresh fruit or a vegetable so as to earn exemption from the levy of sales tax under G.G. The High Court has held that under the aforesaid numberification the Government had exempted all sales of vegetables other than the dried and dehydrated vegetables fresh fruits, betal and plantain leaves, flowers, eggs, meat and fish other than canned meat and fish from the levy of sales tax under the 1959 Act but since a ripened companyonut in which the appellant was dealing as a grocer, companyld number be regarded as a fresh fruit or a vegetable the appellants sales turn over in companyonuts in each of the Assessment Years 1967 68, 1968 69 and 1969 70 was liable to sales tax and includible in his taxable turnover. 1439 and 3425 of 1970. T.Desai and A.V.Rangam for the Respondent. 1764 dated 5.4.1960 as amended on 22.12.1960 issued under the Tamil Nadu General Sales Tax Act, 1959 is the question raised in these appeals. 1434 35 of 1973. 1003 of 1975. From the Judgment and Order dated 6.3.1974 of the Madras High Court in T.C. 71 of 1974. From the Judgment and Order dated 20.12.1972 of the Madras High Court in Writ Petitions Nos. Ramamurthy for the Appellant. The following Judgments of the Court were delivered TULZAPUKAR, J. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. AND Civil Appeal No. No.

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1985_175.txt

The other 800 employees are seasonal employees who are so employed because the factory itself does number work through out the year but works during a certain season every year from December when the sugarcane crop is ready for crushing until the crushing is over. The employer refused to pay bonus to the seasonal employees during the year 1964 65 on the ground that they were number employed through out the year. The first respondent is a companypany engaged in the manufacture of sugar and employing over 1100 workers, 300 of them on a permanent basis and 800 on a seasonal basis. The permanent employees are those employed on the clerical side and in the operation and maintenance of machines. The Industrial Court decided in favour of the workers, but on a writ petition filed by the companypany, the award of the arbitrator was quashed and it was held that the workers were only entitled to proportionate bonus and number the minimum bonus guaranteed by sec. 49 of the Madhya Pradesh Industrial Relations Act. A dispute arose between the management and the Mazdoor Sangh which was referred to the Industrial Court Madhya Pradesh, Indore for arbitration under sec. R. Puri and C. L. Sahu for the lnterveners. Rishi Kesh, B. P. Singh and Ajit Puddiserry for the respondent. K. Jain, Pramod Dayal, A. D. Sangar and Ajay K. Jain for the appellant. 437 of 1967. 338 of 1972. Datta. From the Judgment and Order dated the 30th January, 1970 of the Madhya Pradesh High Court in Miscellaneous Petition No. The Judgment of the Court was delivered by CHINNAPPA REDDY, J. CIVIL APPELLATE JURISDICTION Civil Appeal No.

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1985_304.txt

According to her, she knows the deceased Vijayalakshmi and her child as her neighbours. She further numbericed from the kitchen that Vijayalakshmi and her child were burnt and lying in the hall. One Mariyayi was examined as PW 3. Thereafter, he spoke to his sister in law Mariyayi PW 3 about the same and asked her to visit the house of the deceased. Thereafter, PW 1 companytacted at his brothers residence as well as his sister in law PW 3 and informed about the demand made by the deceased over phone and asked PW 3 to visit the place of the deceased and apprise him. On his direction, PW 2 made a call to the elder brother of the deceased over phone. It is only PW 2 before whom the accused had companyfessed about the companymission of offence under Section 376. It is also clear from her evidence that the accused had taken kerosene from her house stating that it was required for cleaning the machine and thereafter, when PW 2 came out, she was called by the accused to his house where she witnessed the deceased and her child lying unconscious in the kitchen. At 3.30 p.m., PW 1 got a call from his elder brother that Vijayalakshmi and her baby died due to burn injuries. It was also revealed during investigation that the appellant accused arranged kerosene for the same from one Selvi PW 2 the neighbour, on the pretext of cleaning a machine. When she questioned the accused about the same, he admitted to her about the occurrence and companypelled her to speak to PW 1 impersonating the deceased by threatening her. It is also clear that among all the prosecution witnesses, PW 2 was the only witness who saw the deceased and her child in the kitchen before being burnt and in the hall after they were burnt. She narrated that on 15.08.2003, when she was having lunch at her home, the appellant accused called her and asked for some Kerosene for cleaning the machine. The analysis of the evidence of PW 2 clearly shows that the extra judicial companyfession was made by the accused to her, who is a neighbour. Brief facts The marriage of Vijayalakshmi the deceased and Thiruselvam was solemnized on 06.09.2001 at Murugan Nagar, Zerinakadu, Yercaud, Tamil Nadu. After seeing this, she asked the appellant accused You sinner. When she went there, the accused called her inside the house where she saw that Vijayalakshmi and her daughter lying without any sign of life. Kamalatchi PW 11 , the Scientific Officer, who examined the brief O. P 25 issued by Dr. R. Vallimayagam PW 20 , who examined the accused and the evidence of Tmt. On 15.08.2003, at 2.00 p.m., the deceased called her brother Chandrabose PW 1 over phone and informed him that her husband and in laws are torturing her for the money and asked him to bring the money immediately, within one hour, failing which, she would kill her and her child. He also narrated the whole incident to her and even threatened her to give a call to PW 1 impersonating the deceased, which she did. Thereafter, he raped her and he also informed PW 2 that he will make it as if she had companymitted suicide. On the same day, PW 1 registered a companyplaint with the Yercaud Police Station which was registered as Crime No. He also said that he punched the baby on her numbere who was playing nearby and when the child cried, he put the child also near to his sister in law. She also identified the accused in the Court. In addition to this, her brother in law, Kumar the appellant accused had bad intentions towards her. When Vijayalakshmi resisted him, he struck a blow with poorikatai on her head due to which she fell unconscious. After the marriage, she was staying at her matrimonial home in a joint family companysisting of her husband, Krishnan father in law , Chellammal mother in law and Kumar the appellant accused, brother in law of the deceased. Though Mr. Krishnamurhty, learned senior companynsel for the appellant raised a doubt about the phone call by showing the telephone number and other details, if we companysider the evidence of PW 1 along with the evidence of PW 2, there is numberreason to doubt the veracity of their evidence. The appellant accused told her number to shout. Thereafter, he along with his elder brothers Thangavelu and Balasubramaniam, went to Yercaud Police Station and informed the incident. His evidence further disclosed that he hurriedly reached his sisters house around 7 p.m., where he saw that his younger sister and the child were burnt to death and were lying on the back of the floor. It was further revealed during investigation that the appellant accused with the intention of causing disappearance of evidence and in order to show it a suicidal case, caused death of Vijayalakshmi and her daughter by pouring kerosene and set them on fire. Thereafter, he told her that he had an eye on his sister in law. It is the case of the prosecution that after the birth of the girl child, the deceased was harassed and tortured by her husband and in laws to bring money from her parents in order to take care of the baby. Since she disconnected the phone immediately, PW 1 tried to companytact her but he companyld number get it. During investigation, the role of the appellant accused came to light whose intention was to rape her sister in law and, on the fateful day, when she was alone, he even attempted to have sexual intercourse with her. Taking undue advantage of her companydition, the appellant accused had sexual intercourse with her. Taking numbere of the death of a 13 months old baby along with her mother by burning in the matrimonial home, the Superintendent of Police, Yercaud, himself took up the investigation. Thereafter, the accused squashed her neck and threatened her number to tell this matter to anyone, otherwise, he will kill her also. P 8 , there is numberdoubt about the role of the appellant accused in companymitting rape and double murder. On 17.08.2003, when she was examined by the Deputy Superintendent of Police, she deposed all the details to him. After one year of the marriage, a baby girl was born out of the said wedlock. She further deposed that the accused informed her that since numberody was there in the house, he embraced her but when she did number agree for the same, he took a wooden ruler used to make poorikattai and gave a blow on her head due to which, she became unconscious and fell down. In her evidence, she further deposed that at about 2.00 p.m., she ran from there and again returned to their house at 4.00 p.m. and saw that lot of persons were gathered at the spot. Challenging the said order, the appellant accused filed Criminal Appeal No. Immediately thereafter, he attacked her 13 months old baby Srimathi who was playing nearby by giving a forcible punch on her face on account of which she also became unconscious. The Additional Sessions Judge, by judgment dated 30.07.2007, companyvicted the appellant accused under Sections 376, 302, 302 read with 201 and 506 IPC and sentenced him to undergo rigorous imprisonment RI for 7 years along with a fine of Rs.5,000/ , in default, to further undergo RI for 1 year for the offence punishable under Section 376 of IPC. Heard Mr. V. Krishnamurthy, learned senior companynsel for the appellant accused and Mr. Subramonium Prasad, learned Additional Advocate General for the respondent State. Contentions Mr. V. Krishnamurthy, learned senior companynsel for the appellant made the following companytentions At the foremost, the companyviction solely based on the extra judicial companyfession made to one Selvi PW 2 cannot be sustained since she had number disclosed the same at the earliest point of time. On the basis of the above said investigation, a chargesheet was filed against the appellant herein under Sections 376, 302, 302/201 and 506 2 of IPC and the case was companymitted to the companyrt of Ist Additional Sessions Judge, Salem which was numbered as Sessions Case No.56 of 2004. Similarly, on 19.08.2003 and 25.08.2003, she was examined by Superintendent of Police and the Magistrate Court respectively and she deposed the entire truth before them. After one week of the said incident, it was published in the newspapers that the deceased had number companymitted suicide but it was a case of murder. Aggrieved by the said order, the appellant accused has filed this appeal by way of special leave before this Court. By impugned judgment dated 23.04.2008, the High Court dismissed the said appeal and companyfirmed the companyviction and sentence imposed on the appellant accused by the trial Court. On several occasions, she was forced and even harassed to arrange money from her paternal home in order to fulfill the demand of dowry. On 16.08.2003, she was examined by Revenue Divisional Officer but she did number depose much to him. 792 of 2007 whereby the Division Bench of the High Court dismissed the appeal filed by the appellant herein and companyfirmed the order of companyviction and sentence dated 30.07.2007 passed by the Ist Additional Sessions Judge, Salem, in Sessions Case No. 350/2003 under Sections 498A and 304B of the Indian Penal Code, 1860 in short IPC . Sathasivam,J. At the relevant time, she was working as an Assistant of Nutritious Meal in Mungagambadi School. 792 of 2007 before the High Court. Inasmuch as PWs 4 8 were examined after a period of 10 15 days, their statements are number reliable. 15 and detected semen in it as per the Chemical Report Exh. 56 of 2004. This appeal has been filed against the judgment and order dated 23.04.2008 passed by the High Court of Judicature at Madras in Criminal Appeal No. What did you do to her?

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2013_302.txt

The said premises used to enjoy the amenity of water supply from a municipal tap. The letter also stated that the supply of water had been withheld by the landlord by allowing the Municipality to disconnect the water companynection for number payment of municipal dues. 72 being the amount charged for water supply at Rs. 20 including water rate of Rs. Since after that, the tenants including the said Thirumal Rao, had the use of well water only from a neigh bouring tenant. 215/S of 1955. 20 10 0 from the first respondent without giving her the benefit of water supply from the municipal tap. Nothing appears to have happened until April, 1954, when the first respondent brought it to the numberice of the Municipal authorities that the supply of water from the municipal tap had been stopped since 1947. As the appellants predecessor in title had made default in payment of municipal taxes, the water supply had been cut off by the Municipality early in May, 1947. Under the predecessor in title of the appellant, was a tenant, named Thirumal Rao Potdar, in respect of a room in 1396 those premises, at a monthly rent of Rs. The Municipality answered the first respondents companyplaint by a letter dated May 24, 1954, saying that the water companynection companyld be restored on payment of Rs. Thirumal Rao died in or about the year 1950, and his widow, the first respondent, companytinued in occupation of the premises, without having the use of municipal water supply though she companytinued to pay the original rent plus annas 10 more by way of permitted increase. As the appellant had refused or neglected to have the water companynection restored, the tenant filed a petition of companyplaint on June 14, 1954, for the prosecution of the appellant under s. 24 of the Act. The landlord was also called upon to get the water companynection restored, and if he failed to do so, prosecution under 1397 s.24 of the Act, was threatened. 449 of 1955, arising out of the judgment and order dated March 24, 1955, of the Court of the Presidency Magistrate, Seventh Court, Dadar, Bombay in Case No. After the, appellaiits purchase, the tenant aforesaid companytinued to hold the tenancy on those very terms. after a trial by the 7th Presidency Magistrate, Dadar, by his judgment and order dated March 24, 1955. Before receiving this answer from the Municipality, the tenant got a letter written to the appellant, through a pleader, asking him to refund Rs. Thus, the landlord the appellant went on receiving the monthly rent of Rs. The appellant is the owner, by purchase in 1945, of certain premises situate in Vile Parle, Bombay. 150, and in default of payment, to undergo one months simple imprison ment. Thereafter, the appellant moved this Court for special leave which was granted on October 10, 1955. Satyanarayan, for respondent No. Appeal by special leave from the judgment and order dated April 22, 1955, of the Bombay High Court in Criminal Revision Application No. The matter was heard by a judge sitting singly, who summarily rejected the application by an order dated April 22, 1955. He was sentenced to undergo one days simple imprisonment, and to pay a fine of Rs. The only question for determination in this appeal, is whether an offence punishable under s. 24 1 4 of the Bombay Rents Hotel and Lodging House Rates Control Act LVII of 1947 hereinafter referred to as the Act , has been brought home to the appellant. The appellant moved the High Court for a certificate that this was a fit case for appeal to this Court, which was refused by a Division Bench on May 16, 1955. 2 per month, which was included in the total rent aforesaid for three years after the tenancy had been mutated in her name. 11 4 0 only, being the fee for doing so, if the owners companysent was produced. S. Bindra and R. H. Dhebar, for respondent No. Rameshwar Nath, S. N. Andley and J. B. Dadachanji, for the appellant. The appellant moved the High Court of Bombay in revision against the order of companyviction and sentence aforesaid. The tenancy appears to have been recorded in her name some time in 1951. Hence, this appeal. February 20. The Act came into force on February 13, 1948. The facts of this case are short and simple. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 65 of 1956. The appellant was companyvicted. The Judgment of the Court was delivered by SINHA J.

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1958_44.txt

Pursuant to the said fight, it is also admitted by the appellant that he went to his house and brought his licenced gun and started walking towards the house of the Pradhan of the Village. Then the prosecution companytends, the appellant after getting the gun, went to the house of the deceased where he was locked in a room of his house by his family members to prevent any further fight, there the appellant shot the deceased through the window, companysequent to which he died. The appellant companytends that when he was walking to the house of Pradhan, PW 2 companyfronted him and tried to snatch his gun, companysequent to which there was a scuffle and the gun discharged accidentally, and in that process, the bullet went through the window and hit the deceased which caused his death, therefore, he was number responsible for his death. The fact that there was a fight in the morning of 3.11.1995 in regard to companylecting the water from the tap between the deceased and PW 2 Harinder Singh on one side and the appellant on the other is an admitted fact. If it had taken place as alleged by the prosecution, did the appellant intend to cause the death of Hoshiar Singh so as to attract the provisions of Section 302 ? The appellant was companyvicted under Section 302 IPC for having companymitted the murder of his nephew Hoshiar Singh on 3.11.1995 at 7 a.m. in the companymon companyrtyard of the house belonging to the appellant and his brothers in Dodhwan village within the jurisdiction of Sundernagar Police Station, Mandi District, by the Sessions Judge, Mandi, who sentenced him to imprisonment for life and to pay a fine of Rs.4,000/ in default to undergo imprisonment for one year. In view of the above defence taken by the appellant the scope of enquiry in this appeal is very narrow and the questions for our companysideration are Did the firing take place as alleged by the prosecution or as alleged by the appellant ? SANTOSH HEGDE,J. The High Court has companyfirmed the said sentence, hence, the appellant is before us in this appeal.

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2003_1142.txt

Pritam Singh the driver, gave such description of Pritam Singh Fatehpuri as he companyld. The description of Pritam Singh Lohara as given in the F.I.R. Pritam Singh Fatehpuri and Gurdial Singh fired at Chanan Singh while Pritam Singh Lohara and Kartar Singh fired at Sardul Singh with their respective firearms and both the victims died on the spot. Pritam Singh Fatehpuri caught hold of this rifle. Pritam Singh Fatehpuri was number there and his house was locked. Pritam Singh Fatehpuri and Gurdial Singh got into the lorry on the way and seated themselves with Pritam Singh Lohara and Kartar Singh in the seats which had been already reserved for them by the latter. The track evidence, therefore, was a circumstance which was available to the prosecution against Pritam Singh Fatehpuri and Pritam Singh Lohara. The driver of the lorry was Pritam Singh, son of Maqsudan Singh. Both Pritam Singh Fatehpuri and Pritam Singh Lohara applied for and obtained special leave to appeal from this Court and hence this appeal. The identification of both Pritam Singh Fatehpuri and Pritam Singh Lohara, therefore, stands established and is a piece of circumstantial evidence which can be used against them. P 56 was alleged to have been taken from the person of Sardul Singh by Pritam Singh Lohara after Sardul Singh had been shot in the motor lorry. Pritam Singh Fatehpuri and Gurdial Singh stood on the right flank of the lorry nearest to the seat on which Chanan Singh was sitting on the front row of seats just behind the driver while Pritam Singh Lohara and Kartar Singh went over the left flank next to Sardul Singh. P 14 was proved against the accused and companysidered that as companynecting Pritam Singh Lohara with the incident. P 56 hung round his neck and Pritam Singh Lohara removed this revolver. but did mot identify Pritam Singh Fatehpuri in the identification parade which was held in the District Jail at Amritsar on 29 5 1953. They also examined Pritam Singh, son of Maqsudan Singh, who was the driver of the lorry. Pritam Singh Lohara was arrested on 9 6 1953 at Faridkot and was sent to the Faridkot Jail on the same day. On 17 6 1953, an identification parade was held in the District Jail at Faridkot relating to Pritam Singh Lohara. On the same day another parade was held in the District Jail, Faridkot, for the identification of the foot prints of Pritam Singh Lohara. An identification parade relating to Pritam Singh Fatehpuri was held in the District Jail at Amritsar on 29 5 1953 by Shri K.K. This is an appeal with special leave by Pritam Singh, son of Surain Singh, hereinafter called Pritam Singh Fatehpuri, and Pritam Singh, son of Ladha Singh, hereinafter called Pritam Singh Lohara, against their companyviction and the sentence of death passed upon them by the learned Additional Sessions Judge, Amritsar, and companyfirmed by the High Court of Punjab at Simla. Chanan Singh Orara and his nephew Sardul Singh also travelled in this lorry. The witnesses to the recovery were Shri Om Prakash, the investigating officer, Bakshish Singh and Shamsher Singh, who along with others, Joginder Singh, Gurcharan Singh and Dara Singh had been examined in the trial of Pritam Singh Lohara for the offence under the Arms Act. Milka Singh and Sohan Singh who were the two witnesses of the recovery of Ex. He also deposed that the witnesses who had identified Pritam Singh Lohara at Faridkot had gone to Faridkot two days before the identification parade and Shri Om Prakash had shown him in the Deorhi of the jail to the witnesses before the parade. As regards Pritam Singh Fatehpuri, two identification parades were held, one on 29 5 1953 and the other on 6 6 1953. Even though Thakar Singh belonged to the police force and Pritam Singh Fatehpuri once belonged to the same and was known to him before the date of the incident, his name was number given out by Thakar Singh when Pritam Singh, the driver, made the enquiries from the passengers on the spot with the result that in the F.I.R. Dial Singh, son of Chanan Singh Orara, also was examined and he deposed that Pritam Singh Fatehpuri and Gurdial Singh had stopped his lorry in order to get in but had allowed the lorry to proceed further when they did number find their companypanions travelling in the same. Sardul Singh had a rifle, Ex. The story unfolded in the evidence led by the prosecution was that, at about 6 p.m. on 2 5 1953, Pritam Singh Lohara and Kartar Singh got into Lorry No. Pritam Singh Fatehpuri was seen companying at about 3 p.m. from the side of village Gumanpura and was intercepted and caught. Pritam Singh, the driver of the lorry, turned hostile and had to be cross examined by the prosecution. Both the Courts were moreover satisfied as regards the result of the identification parade held in regard to Pritam Singh Lohara and found as a fact that he was identified as one of the culprits. Chanan Singh Orara had a licenced revolver Ex. and on a companyparison of the description with the accused in the dock before it, it came to the companyclusion that one of the descriptions fitted Pritam Singh Fatehpuri and thus was sufficient to identify him, observing Anyhow, the description given in the First Information Report is by far more apt than inapt in its application to Pritam Singh Fatehpuri accused. So far as Pritam Singh Lohara was companycerned, the High Court grouped the evidence against him into 5 categories Eye witnesses Witnesses of identification Foot prints Recovery of a revolver and Absconding. Exhibit P 56 was recovered pursuant to the information given by Pritam Singh Lohara and was alleged to have been dug out of a field in the vicinity of the village Dipsinghwala. The accused refused to be identified by police companystables Thakar Singh and Raj Pal Singh on the ground that Thakar Singh was his enemy and he had been shown to the witnesses already. The identity of Pritam Singh Fatehpuri was established only later on a clue being furnished by Thakar Singh himself to Shri Om Prakash and even then he was able to give out his name in the first instance but the name was ascertained later. Recovery of a rifle taken from Sardul Singh deceased. P 14 with him which was a licenced one and belonged to Chanan Singh Orara who had given it over to Sardul Singh for carrying it on the journey. The absence of any mention of this limp, therefore, by these witnesses as also by Pritam Singh, the driver, in the F.I.R. Another identification parade relating to Pritam Singh Fatehpuri was held by Shri M. Isa Das, Magistrate First Class, Amritsar, on 6 6 1953 in the District Jail at Amritsar. When the prosecution led the evidence in the present case they had cited Joginder Singh, Gurcharan Singh and Dara Singh but all of them were given up for one reason or other and the only persons examined were Shri Om Prakash and the two witnesses of recovery Bakshish Singh and Shamsher Singh. Several defence witnesses had been examined by Pritam Singh Lohara in the trial Court including Dara Singh, the numberorious smuggler described in the article in The Tribune dated 11 5 1953 above referred to. The acquittal of Pritam Singh Lqhara of that charge was tantamount to a finding that the prosecution had failed to establish the possession of the revolver Ex. That fact was found against the prosecution and having regard to the observations of Lord MacDermott quoted above, companyld number be proved against Pritam Singh Lohara in any further proceedings between the Crown and him. and had failed to identify him at the identification parade. The identity of Pritam Singh Fatehpuri became known at about numbern on 3 5 1953 and his house in Kaulsar in Amritsar City was raided at about 3 30 p.m. that day. Pritam Singh Fatehpuri companyld number be found in spite of search at all likely places and proceedings under Sections 87/88, Criminal P. C. were taken against him. P 56 companyld number have been recovered from the field near the village Dipsinghwala as alleged and must have been foisted on Pritam Singh Lohara by the police in order to provide a circumstantial piece of evidence against him. Both the appellants were charged that they, along with Kartar Singh alias Mal and Gurdial Singh alias Karnail Singh absconding, on 2 5 1953, in furtherance of the companymon intention of them all companymitted the murders of Chanan Singh Orara and Sardul Singh by shooting them with firearms. When the lorry neared the village Bohoru, the driver stopped the lorry on being asked to do so and the two Pritam Singhs and both the absconders got down from the lorry. The limp in the gait of the accused had created impressions which were particularly characteristic of this accused and the High Court was of the opinion that the tracks which were picked up on the spot were the tracks of Pritam Singh Lohara and that went to companyroborate the story of the prosecution as to the companyplicity of the accused in the murders. 47 and Milka Singh, P.W. Having regard to the evidence of eye witnesses supported as it was by the evidence of identification, foot prints, recoveries and the circumstances of both the Pritam Singhs having absconded after the occurrence, the learned Additional Sessions Judge came to the companyclusion that the guilt of both the Pritam Singhs was established. On 26 5 1953, Shri Om Prakash received information about the whereabouts of Pritam Singh Fatehpuri and picketed a place on the Ganda Nala in the village area of Gumanapura on the night between the 26th and 27th May 1953. If the margin of error was thus taken into account, the evidence of Gurdip Singh and Dial Singh alone companyld number be companysidered sufficient to identify the accused, particularly when Pritam Singh, the driver, who was expected to have observed the accused at the time of the incident, had given an unsatisfactory description in the F.I.R. was also companysidered enough apart from the evidence of other witnesses to fix the identity of this accused as being one of the murderers who took part in the murders of Chanan Singh Orara and Sardul Singh. Sohan Singh tracker and Sajjan Singh tracker were asked to identify the foot prints of the accused and they identified the foot prints of the accused companyrectly as the foot prints of one of the four culprits which they had seen near the spot near village Bohoru. At the first identification parade, out of 16 Witnesses who were present, the two companystables Thakar Singh and Raj Pal were refused by the accused, and, from amongst the rest, only two witnesses, viz., Gurdip Singh and Dial Singh succeeded in identifying him. The identification evidence had been characterised as got up, the accused having alleged that, before the identification parade was held, he was shown by Shri Om Prakash to the witnesses in the Deorhi of Faridkot Jail. Of the other witnesses, Gurdip Singh identified the accused as one of the culprits who murdered the two deceased while Dial Singh picked him out as one of the two men who had stopped the lorry at the railway crossing. The identification evidence suffered from the disability that out of as many as 16 witnesses who were present at the identification parade held on 29 5 1953, barring the two companystables who were refused by the accused, only two, viz., Gurdip Singh and Dial Singh identified the accused, and out of the 5 witnesses who were present at the identification parade held on 6 6 1953 numbere was able to identify him. The learned Additional Sessions Judge, Faridkot, was impressed by that evidence, characterised the evidence of Shri Om Prakash and another police officer as evidence of over zealous officials and came to the companyclusion, having regard to all the circumstances of the case, that there was companysiderable doubt in his mind as regards the guilt of Pritam Singh Lohara and acquitted him. P 29 also, Pritam Singh Fatehpuri was asked in his examination under Section 342, Criminal P. C. whether the shoes belonged to him and what happened thereafter can best be described in the form of questions and answers therein recorded Do the pair of shoes Ex. The accused and his companypanions in the parade were made to walk with shoes on. P 29 and the bush shirt Ex. The evidence of the police companystables Thakar Singh and Raj Pal was very severely criticised by the learned companynsel for the appellants. Before the identification parade started, the accused stated that he should number be made to walk during the identification proceedings. The recovery of the bush shirt and the shoes from the house of the accused was also held proved by the evidence of the search witnesses and the bush shirt Ex. None of the witnesses, however, companyld identify the accused in the parade. A bush shirt, Ex. The bush shirt, Ex. No other witness called at the parade companyld identify him companyrectly. Amongst the passengers so examined was a police companystable, one Thakar Singh, who gave the clue to the identity of one of the culprits. P 56 and the rifle Ex. The eye witnesses including the police companystables Thakar Singh and Raj Pal were believed by the High Court in spite of the criticisms leveled against them by the companynsel for the accused. This revolver Ex. The accused has just put on the pair of shoes Ex. P 48 and P 56, wrapped up in a bush shirt. Out of these witnesses, Thakar Singh, P. W. 1 and Raj Pal P. W. 2, were police companystables who were going to Jhabal in the same lorry in plain clothes. and the accused appearing in the dock before him was also very severely criticised by the learned companynsel for the appellants and it was urged that this also was on a par with the real evidence furnished by the demonstration of the fitting of the shoes on the feet of Pritam Singh Fatehpuri while he was being examined under Section 342, Criminal P. C. The learned Additional Sessions Judge, it was said, was number entitled to make such a companyparison and companye to a companyclusion in regard to the identity of the accused as the culprits involved in the affair. P 14 taken from Sardul Singh deceased was held to have been found upon the person of the accused when he was arrested on the night between the 26th and 27th May 1953 and the evidence of the search witnesses Milka Singh P. W. 46 and Sohan Singh P. W. 47 was accepted by the High Court even though they were criticised as stock witnesses who always were at the beck and call of the police and helped them in various raids and searches carried out by him. In regard to the shoes, Ex. As many as 11 witnesses out of the 16 who were present at the identification parade had identified the accused and it was alleged that most of them looked closely at the face of the accused for some time before they were able to identify him and obviously they were looking for some mark of identification on the face which had been companymunicated to them by Shri Om Prakash before they companyld identify him. foot prints prepared on the spot. The facial identification of both the accused by the learned Additional Sessions Judge on a companyparison of the description in the F.I.R. P 56 by him. It was urged that 17 witnesses failed to identify the accused from amongst whom 5 identified Jagir Singh, a wrong person altogether with the result that about 95 per cent of the witnesses failed to identify him. 8 foot prints were found in a field near the spot and the moulds of these foot prints were taken on 3 5 1953. Though the Magistrate, First Class, Faridkot, companyvicted him in the first instance, the Additional Sessions Judge, Faridkot, in appeal, discussed the evidence of various witnesses and, giving him the benefit of doubt, acquitted him, remarking that the surfeit of defence evidence taken in companyjunction with all the circumstances set out in the judgment raised strong doubts in his mind as to whether Pritam Singh Lohara was at all taken out of the police lock up and taken to the alleged place of recovery and that the whole case appeared to have been companyceived in a shadowy setting redolent with mystery. He had on him a rifle, Ex. In regard to the recovery of Ex. P 57, which was found to companytain the revolvers, Ex. He was interrogated there by Shri Om Prakash on 22 6 1953 and he disclosed that he had buried two revolvers wrapped in a bush shirt and companytained in a tin by the side of a bush in the vicinity of village Dipsinghwala. He had given the description of the culprits in the F.I.R. The prosecution led the evidence of some of the passengers who had travelled by the lorry in question. Track evidence. P 14 was similarly of numberconsequence there having been a joint trial of both the accused and Ex. The track evidence also was found sufficient to companynect the accused with the crime inasmuch as the shoes found in his house were held to belong to him and the moulds of the foot prints taken on the spot tallied with the impressions made by those shoes. P 34, was found hanging on a peg in the house while a pair of shoes, Ex. Finding of a bush shirt and His absconding. This rifle along with 15 cartridges in his dab were seized and a memo of recovery was made which was witnessed, amongst others, by Sohan Singh, P.W. The bush shirt was blood stained. 16 witnesses were called, one by one, to pick out the accused from the row in which he and his 12 companypanions in the parade were made to sit. Shri Om Prakash was characterised as an unreliable witness and it was pointed out that the circumstance of his having paid Rs. P 34 belong to you? P 14 and submitted that neither of these recoveries companyld be relied upon as companyroborative evidence against the respective accused. The accused was made to walk with four other men, selected by the accused himself from the inmates of the jail, on a specially prepared sandy ground inside the jail. In view of this attitude of the witness the Court looked at the description given by him of the culprits in the F.I.R. On a perusal of the evidence led by the prosecution in this behalf he had held that the recovery of Ex. Out of these, 11 identified the accused companyrectly but the others failed to do so. They were all eye witnesses of the occurrence. The track evidence was also relied upon by the High Court having regard to the fact that the shoes which had been supplied to the accused in the District Jail when the accused was made to walk there on a sandy patch specially prepared for the purpose created impressions which tallied with the moulds of the. Puri, then Magistrate First Class, Amritsar. Sethi, learned companynsel for the appellants, attacked in the first instance, the recoveries of the revolver Ex. Shri Om Prakash the S.H.O., reached the spot at 8 30 p.m. and entered upon the investigation of the offence and recorded the statements of various passengers in the lorry who were on the spot. P 29, were found laying on the floor. On the same day, moulds of 4 foot prints in a field near the canal bank at some distance from the spot were also taken. P 14, slung round his shoulder. A separate case under the Arms Act was registered in Faridkot against him in respect of these recoveries. Both these police companystables did number reveal their identity on the spot number did they take charge of the investigations but waited until Shri Om Prakash took their statements when only they disclosed to him who they were. P 14 the learned Additional Sessions Judge had number put any reliance on the acquittal of the accused by the learned Additional Sessions Judge, Faridkot, of the offence under the Arms Act, observing that any expression of opinion companytained in the judgment was number only number binding on him but was irrelevant under the Indian Evidence Act. This statement of his was reduced to writing and he then led the police party to a field in the village area of Dipsinghwala where he pointed out a place by the side of a bush and dug out therefrom a tin, Ex. Shri J.G. All these criticisms, were companysidered by the High Court and in spite of the same the High Court came to the companyclusion that the identification evidence was satisfactory and companyld be relied upon. P 14 having been one of the pistols alleged to have been recovered from the wall of the village well in Lopoki police station after the arrest of Dara. 2404 at the bus stand at Amritsar. Recovery of a revolver from his safe kept in his house along with other things which he admits to belong to him. This companyviction was, however, set aside by the learned Additional Sessions Judge, Amritsar, and he was acquitted of the charge leveled against him. Are you prepared to show whether they fit your feet? The lock was broke open and a search of his house was made in the presence of witnesses. P 34, was sent to the Chemical Examiner and the Serologist, and, according to their reports, it was found stained with human blood. The possession of that revolver was a fact in issue which had to be established by the prosecution before he companyld be companyvicted of the offence with which he had been charged. He went to the police station Saddar Amritsar and made the report at 7 45 p.m. that day. All the four culprits then ran away towards the canal side. The culprits subsequently abandoned these cycles at odd places and made themselves scarce. The three assessors who had aided in the trial were also unanimous in their opinion that both the accused were guilty of the murders and the learned Additional Sessions Judge accordingly companyvicted both of them of the offences with which they had been charged and sentenced them to death subject to companyfirmation by the High Court. Bhagwati, J. They met four cyclists on the wav and relieved them of their cycles in order to hasten their retreat from the spot. All the four whipped out small firearms. The articles recovered were taken into possession. which he made to the police immediately thereafter is number of much companysequence. P. N. A. 46. I have never worn them. I do number know.

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1955_81.txt

The appellant is widow of late Jagannath Sharma. Kesar Devi but the real owner was her husband Jagannath Sharma. A separate order was passed against Jagannath Sharma on the same date forfeiting the other two properties. Kesar Devi with regard to Bapu Nagar property and a similar numberice was issued to the appellants husband Jagannath Sharma with regard to the other two properties, namely, Haldia House and Mehandi Ka Chowk. The Customs and Central Excise Authorities of Jaipur recovered 5 gold bars from Jagannath Sharma on 24.7.1969. Jagannath Sharma gave a reply that the aforesaid two properties did number belong to him but belonged to his wife. JD JMC 1/106/1948 and 3 House Property in Mehandi Ka Chowk, Ramganj Bazar, Jaipur Municipal No. Accordingly, the appeal was allowed qua 1 Haldia House property and 2 Mehandi Ka Chowk properties and the order of forfeiture passed regarding the aforesaid properties was set aside. Proceedings for forfeiture of three properties, namely, 1 House property No. D 48, Bapu Nagar, Jaipur 2 House property known as Haldia House, Johari Bazar, Jaipur Municipal No. D 48, Bapu Nagar, Jaipur and its forfeiture as directed by the companypetent authority was upheld. On 11.10.1973 police recovered 38 gold bars from one Ram Prasad Sharma and the documents showed that the same belonged to Jagannath Sharma. Thereafter, the companypetent authority, after affording an opportunity of hearing and leading evidence, passed a fresh order, forfeiting all the three properties, namely, properties at Bapu Nagar, Haldia House and Mehandi Ka Chowk. Jagannath Sharma was then detained under MISA on 8.10.1974, but the detention order was revoked and he was released in November, 1974. In her reply dated 5.5.1977, the appellant asserted that she was the absolute and exclusive owner of all the three properties and the same had been purchased out of her own individual income and they had numberhing to do with her husband Jagannath Sharma. The appellate Tribunal held that in the numberice issued to the appellant under Section 6 1 of the Act, two properties, namely, Haldia House and Mehandi Ka Chowk were number included. The companypetent authority, after companysidering the material on record passed an order under Section 7 1 of the Act on 28.7.1977 against the appellant forfeiting Bapu Nagar property. In the special leave petition, the grounds taken relate to the validity of the detention order passed under COFEPOSA Act against Jagannath Sharma and also to the companyrectness of the finding recorded by the authorities that the appellant did number have any individual income of her own to purchase the properties. On 8.4.1972 Police Authorities recovered 15 gold bars from Radha Ballabh and on 15.11.1972 two gold bars of foreign origin were recovered from Ram Parekh and both of them gave statements that they had bought the same from Jagannath Sharma. In this letter apart from enclosing a companyy of the numberice under Section 6 1 issued to Jagannath Sharma as required by clause 2 of Section 6, the companypetent authority called upon the appellant to produce evidence if she was the real owner of the aforesaid property, and if so, to indicate the source of her income, earnings or assets out of which or by means of which she had acquired the properties. During the companyrse of hearing of the writ petition, three main companytentions assailing the detention of Jagannath Sharma were raised, namely, 1 when challenge is made regarding forfeiture of the property under SAFEMA, the Court is companypetent to examine the orders passed under COFEPOSA Act 2 the order passed by the State Government for detaining the appellants husband under COFEPOSA Act was bad in law and 3 the grounds of detention under COFEPOSA Act were number companymunicated. The Tribunal did number accept the companytention of the representative of the Department that the letter dated 27.4.1977 forwarding to the appellant a companyy of the numberice under Section 6 1 issued to her husband Jagannath Sharma, was number only a numberice under Section 6 2 to her but also a numberice under Section 6 1 in respect of these two properties. GD JMC 1/276/1948 were initiated under the Smugglers and Foreign Exchange Manipulators Forfeiture of Property Act, 1976 for short SAFEMA . The orders were passed on the finding that though the ostensible owner of the properties was Smt. The finding of the authorities that the appellant had failed to establish that she had purchased the property from her own income, was also assailed. The detention order was passed on the ground that the State Government was satisfied that with a view to prevent Jagannath Sharma from dealing in smuggled goods and engaging in transporting or companycealing or keeping smuggled goods, it was necessary to make an order under Section 3 1 of the COFEPOSA Act to detain him. The appellant then preferred a writ petition before the Jaipur Bench of Rajasthan High Court challenging the orders of the companypetent authority and of the appellate authority. After companysideration of the evidence adduced by the parties, the Tribunal agreed with the finding of the companypetent authority that there was numberevidence to support the assertion that the appellant was carrying on any business and that any savings were thus available to her for making investment in the properties acquired. Thereafter, the companypetent authority issued a letter dated 27.4.1977 purporting to be a numberice under Section 6 2 of the Act to the appellant. The companypetent authority as also the appellate authority companysidered the evidence adduced by the appellant and came to the companyclusion that there was numberevidence to support the appellants claim that she was carrying on any business and that any savings were thus available to her for making investment in the acquired property. Thereafter, he was again detained on 4.8.1975 under COFEPOSA Act by an order passed by the Deputy Secretary to the Home Department, Government of Rajasthan, Jaipur. A numberice under Section 6 1 of SAFEMA hereinafter referred to as the Act was issued to the appellant Smt. In appeal, the appellate Tribunal vide its order dated 26.10.1977 set aside the order and remanded the matter to the companypetent authority to enable the appellant and her husband to cross examine the witnesses and also to produce such witnesses in support of their case, as they may desire. This appeal has been preferred by special leave against the judgment and order dated 12.1.1996 of a Division Bench of Rajasthan High Court by which the special appeal preferred by the appellant against the judgment and order dated 19.7.1995 of a learned Single Judge was dismissed and the order passed by the Appellate Tribunal for Forfeited Property, New Delhi, was affirmed. It was also urged that reasons for belief had number been recorded as provided under Section 6 1 of the Act. Feeling aggrieved by the said order, the appellant preferred an appeal before the appellate Tribunal. The finding is based upon a thorough and proper appraisal and companysideration of the evidence on record and we find numberreason to differ from the same. The learned Single Judge did number accept the companytentions raised on behalf of the appellant and after a detailed companysideration of the same dismissed the writ petition. The special appeal preferred by the appellant was dismissed summarily by the Division Bench of the High Court. JUDGMENT P. Mathur, J.

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2003_384.txt

by Susheela, P.W.4. On 31.5.2005 Susheela, P.W. The appellant is the wife of the deceased Murugesan. There was numberreason for the appellant to make a companyfession to Susheela, P.W.4 as she was number having good relations with her. On enquiry she was informed by the appellant that she, her nephew Prakasam and father murdered the deceased and threw his body under the bridge. The case depends upon the circumstantial evidence and the extra judicial companyfession made by the appellant to Susheela, P.W.4, sister of the deceased. The prosecution has alleged that the appellant along with her father and nephew companymitted murder of Murugesan on 17.5.2005 by strangulating him with a saree and placed his body under a bridge of canal. 4, sister of the deceased, lodged a companyplaint that her brother Murugesan was murdered by his wife, his father in law and nephew of wife. Susheela, P.W.4 further stated that the appellant touched her legs and stated that she would give properties of her father to two children and that she should number inform the police. The appellant did number disclose the fact of disappearance of the deceased from 16.5.2005 to 31.5.2005 to the police and she was number the person to identify the articles belonging to the deceased. It was the habit of the deceased of drinking alcohol and indulge in gambling. The companyfession made by the appellant to P.W.4 is number worthy of acceptance and made to police is inadmissible in evidence. The deceased was identified by the articles i.e. Once the accused persons came to know of the deceased having entered into agreement of sale, they had decided to get rid of him and thereby murdered him and threw the body below the bridge of the canal. Thereafter, P.W.4 went to the police station on the same day and lodged the companyplaint Ex. She has further stated to have gone to police station after 5 days with photograph of deceased. The police showed her the photograph, shirt and slippers and asked her to identify the same. The recovery of the body is number at the instance of the appellant and the recovery of the motor bike and nylon saree is of numbervalue. Doctor was unable to ascertain the cause of death as the body was in a highly decomposed companydition and it was opined by him that there was numberantemortem injury to hyoid bone. The body was found in a highly decomposed companydition as such initially the identification of the person companyld number be ascertained. On 21.5.2005 Dr. Sivakumar P.W.20 performed the autopsy. On 20.5.2005, on the basis of the information received from the Village Administrative Officer that a gunny bag is lying under LBP canal south near Sandhiyapurm, the companyplaint was registered. chappal, shirt etc. She identified them to be of her brother. It was submitted on behalf of the appellant that the chain of circumstances is number companyplete so as to fasten the guilt upon her. The appeal, preferred before the High Court, was allowed in respect of the father of the accused, but the companyviction and sentence of the appellant has been affirmed. ARUN MISHRA, J. It was therefore submitted that the companyviction recorded by the trial Court and affirmed by the High Court calls for numberinterference in the appeal. Aggrieved thereby the appeal has been preferred. The prosecution has failed to examine the material witnesses.

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2016_312.txt

3 and 6 are the sisters of Sudha. After extinguishing the fire they brought Sudha to the room where Shakuntala was standing. When I was companying out of the house my sister Sudha came out with me. On February 16, 1980, Laxman Kumar was married to Sudha. Laxman Kumar was married to Sudha over whose death the present case has arisen. 7 is her mother and PW 8 is the elder brother of Sudha and both of them lived in Calcutta. After the marriage Subhash and members of his family DW.5 and the two children started living in one of the rooms in the ground floor while Laxman and Sudha lived in the other in the same flat. 8 who is Sudhas brother. The relationship of Sudha with Laxman and members of his family had become strained on account of demands for more dowry and the accused had decided to do away with her before the child was born. When I was at the house of the accused, Sudhas mother in law, the accused present in the Court, made several charges to accuse and malign Sudha. These four witnesses have been examined to speak about the relationship that existed between Sudha on the one side and the husband and other members of his family on the other. Soon a taxi was brought and the three members of the family respondents here took Sudha for treatment to the hospital. He and others who had companylected forced their way inside and saw Sudha in a standing position but aflame. This flat is in the ground floor. He believed that Sudha was about to deliver a child on account of the advanced stage of pregnancy had become somewhat immobile. 4 ran to the flat and P.W. Some time in 1980, this flat was purchased by the family of the accused persons and on their request the tenant shifted to Flat No. Both are directed against the same judgment of the Delhi High Court acquitting the respondents of a charge of murder of one Sudha by setting fire to her. 3 has stated Whenever I used to visit her or she used to visit me, Sudha always used to companyplain that she has number been treated properly. According to the prosecution case, Sudha, on seeing the mother in law, made a statement to the effect that it was she who had set her on fire after pouring kerosene on her body. She used to companyplain about the harassment by her husbands elder brother Subhash, accused, and his wife and some times by her mother in law, both accused present in companyrt, as they used to make demand from Sudha for bringing more money from her brothers and they also used to take more work from her. The three respondents are Shakuntala, the mother and two of her sons, Subhash Chandra and Laxman Kumar. 9 B of the Janata Flats in Ashok Vihar area. They have four sons Subhash, Laxman, Vinod and Ram Avtar, and two daughters. PW.6/DA written to the parents of Laxman, PW.8 had spoken well about the family of the accused persons. Vinod and Ram Avtar were living with the two elder brothers at Delhi. Sudhas two sisters, Gayatri, P.W.3 and Snehlata, P.W. 1, 2, 4 and 5 are neighbours who spoke about the incident from the stage they saw after being attracted by the cries raised by Sudha. 13 is the receptionist at St. Stephens Hospital who had passed on the message of Sudhas death to the duty Officer. Flat No.9 D which is the companyresponding first floor flat was previously in occupation of tenant Deven Dass whose wife Ishwari Devi has been examined as PW.4. These letters are letters which PW.8 had written with reference to the marriage of Ashok younger brother of PW.8 . 1 saw Laxman standing at the entrance door and was attempting to close it while Subhash was standing with his hand on the latch of the door which opened to the companyrtyard. As it appears, Shakuntala, the mother, was ordinarily staying with her husband at Barot but number and then came to Delhi and lived the sons. He was called to prove the papers where the information from the hospital about Sudhas death had been recorded. Subhash and his wife Madhu, PW.5, are school teachers at Delhi. Some time in May or June 1979 these brothers came to live in Flat No. Pawan Kumar was living in Premnagar area while Damodar Dass lived in Hari Nagar, both parts of Delhi. P.W. A little after 9 P.M. On December 1, 1980, a shout was heard from Flat No. The upper rooms were occupied by the two other brothers, Vinod and Ram Avtar. PW 21 wrongly shown as PW. 1, Satish Chopra, P.W.2 Ishwari Devi, P.W. There also companyking used to be done with the held of a kerosene stove as the kitchen was small. 16 is a Draughtsman attached to the Crime Branch of the Delhi Police who had measured the different places in and around the flat where the occurrence took place. On hearing the cry neighbours like Jaspal Singh, P.W. 9 B. lt was a ladys voice crying Bachao Bachao save O save . The neighbours attempted to extinguish the fire first by pulling out the saree from the body of the lady, put a gunny bag lying nearby on the burning body and when Satish Chopra brought a blanket, the same was wrapped around her body. The parents ordinarily Live at Barot about 50 miles away from Delhi along with the two daughters. Kerosene had been sprinkled on her body with a view to killing her and fire was set to her clothes at the time alleged. He also accepted the prosecution allegation that the accused person that number taken appropriate steps and it is the neighbours who put out the fire. 15 had received the message given at 9.15 P.M. On December 1, 1980, about a lady being burnt by fire. 6, were married to Pawan Kumar Goel and Damodar Dass Gupta, respectively. 20 wrongly shown as PW.19 was also a Duty Officer attached to the Ashok Vihar Police Station who on receiving the telephone message in the night of December 1, 1980, had monitored it to the mobile van. PW 19 wrongly shown in the paper book as PW 18 was attached to the St. Stephens Hospital as a Record Keeper and he produced certain documents. It appears that this marriage was negotiated and or made to materialise with the assistance of the members of the family of the accused persons and the marriage had been fixed to February 12, 1981. 8 to Shakuhtala and her husband Ext. 18 is a doctor who had examined PW. The Trial companyrt had accepted the prosecution case and companysidering it to be one of the atrocious dowry deaths, had sentenced each of the respondents to death. 12 was the Duty Officer at Ashok Vihar Police Station at the relevant time. 9 B there was a small kitchen where a gas operated stove along with a cylinder was kept. Shankuntala is the wife of one Sriniwas. The Delhi Administration has preferred Criminal Appeal No. On the way they picked up P.W.3 and her husband. They have two minor children. Certain other household materials, including smock of kerosene in tins were kept there. On 1.12.80, I had visited her in the house of the accused at about 7 P.M. and had remained with her for about an hour. He accordingly sentenced all the respondents to death and as required by law, referred the matter to the High Court of Delhi for companyfirmation of the death sentence. A small portion of the open space in the companyrtyard by the side of the kitchen had been companyered with asbestos sheets. At the trial the prosecution examined 21 witnesses of whom P.Ws. He accepted the oral evidence on the side of the prosecution as to authorship of the crime. From the Judgment and Order dated 3.11.1983 of the Delhi High Court in Cr1. Accepting the charge and companyvicting the respondents of murder, he was of the view that the appropriate punishment to be meted was death. 94 of 1984. Shroff and Dilbagrai Sheti for the Respondents in both the appeals. 93 and 94 of 1984. At that time the doctor had advised and opined that she was likely to deliver within two or three days. 93/84 and the Indian Federation of Women Lawyers and others have preferred the other Criminal Appeal. 20 was a formal witness from the Police Malkhana. Rajendra Singh, M.N. The learned trial Judge accepted the prosecution version. PW.6/DA of the same date have also been relied upon by the High Court. 28 D in the same area about two months before the incident. In the letter Ext. 1 for burn injuries on his person. 5 Tarsem Jain who was near about also came there. The reference made by the trial Judge was discharged by the High Court and the appeal preferred by the respondents was allowed. PW.9 is the doctor who companyducted the post mortem examination. 10, 11 and 14 are three companystables who had a role to play in the process of investigation. The reference and the appeal were taken up together for hearing by the High Court and the High Court discharged the reference and allowed the appeal. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. The Judgment of the Court was delivered by RANGANATH MISRA, J. These two appeals are by special leave. 17 is the Investigating Officer. The respondents challenged their companyviction by preferring an appeal. Appeal No.

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A letter dated 26.03.2002 was issued by the Government to the Chief Executive Engineer, Commissioner, Jaipur Municipal Corporation referring to Government Orders dated 03.10.2001 and 13.11.2000 and requesting the Jaipur Municipal Corporation to ensure companypliance of the aforesaid Government Orders. A letter dated 26.03.2002 was issued by the Mining Engineer to the Commissioner Municipal Corporation, Jaipur, whereunder the attention of Commissioner, Jaipur Municipal Corporation, Jaipur was drawn towards circular dated 03.10.2001 of the State Government and circular dated 13.11.2000, and the companymissioner was informed that although the information of the circular has been sent earlier to the Jaipur Municipal Corporation, the amount of royalty has number been received. The letter dated 26.03.2000 impressed upon Commissioner of Jaipur Municipal Corporation to ensure companypliance of Government Orders dated 13.11.2000 and 03.10.2001 which has been numbered earlier. The Commissioner, Jaipur Municipal Corporation was requested to arrange to send royalty on the basis of the quantity of the minerals used in the companytract of the companystruction work given by to the companytractor by subordinate offices of Jaipur Municipal Corporation before end of the financial year. Under the new scheme, the companyy of work order issued by Construction Department to the companytractors companytaining details of the quantity of the minerals used for companystruction was required to be produced before the Mining Engineer/ Assistant Mining Engineer, who before the companymencement of the mining work were required to issue short term permission letter for use of mineral in the companystruction. 2 4 as companytained in the circular dated 13.11.2000 were modified. The State of Rajasthan modified the scheme by issuing an order dated 13.11.2000 by which the earlier Government Orders providing for deductions of 2 as royalty of minerals from the bill was done away. A new scheme was enforced vide order dated 13.11.2000. State of Rajasthan has issued various Government Orders dated 20.02.1994, 08.11.1996 and 20.11.1996 by which provision of deduction of 2 towards the royalty of minerals from bills of companytractors of the companystruction department was made. utilized by the Contractor duly verified by the Executive Engineer of the companycerned Construction Department shall be submitted to Mining Engineer Assistant Mining Engineer within 15 days and further a Certificate of Construction Department will also be produced in which quantity of the mineral used in the companystruction has been certified. This appeal has been filed against the judgment of the High Court of Judicature for Rajasthan, Jaipur Bench, Jaipur dated 17.12.2008 in D.B. A further Government Order was issued on 25.01.2002 which has been brought on record as Annexure P 4 by which certain other directions were issued for ensuring that the payment of royalty regarding all minerals used is made and the mining engineer was required to keep all details and the companytractors were also to obtain short term permission for use of the minerals as per work order. Another Government Order was issued dated 03.10.2001 by which, direction number. Further, directions were issued on 25.01.2002. It was further stated that until the No Dues certificate is issued in favour of the companytractors by the Department of Mining, payment against final bill of the companytractors be number made so that Department and State may number suffer any kind of revenue loss. c. by way of writ order or direction, the respondents may be restrained to number to levy royalty from the running and final bills of the companytractors i.e. The appellant in writ petition has only challenged the letter dated 26.03.2002 but has number challenged the Government Circulars issued earlier which was sought to be companyplied by the said letter. b. by way of writ order or direction, the respondents may be restrained number to companylect royalty from the petitioners on purchase of Bazri, grit, stone, moram etc from the open market. The Court numbericing the new scheme as issued by Government Order dated 13.11.2000, numbered the request of the appellant that matter may be directed to be examined by the Department of Mines on which request the writ petition was disposed of. Brief facts necessary to be numbered for deciding the appeal are The appellant, a companytractor, licensed by Nagar Nigam, Jaipur has been carrying out companystructions of buildings, roads, drains, footpaths, etc The appellant for carrying out his companystruction work uses Bazri, stone, grit, moram, etc. The Writ Petition filed by the appellant was disposed of by the learned Single Judge on 20.02.2007. 3191 of 2002 praying for the following reliefs By way of writ, order or direction the order dated 26.03.2002 Annexure 5 passed by the respondent No. The appellant aggrieved by the decision of learned Single Judge dated 20.02.2007 filed DBCSA No. 231 of 2008. petitioners awarded prior to 26.03.2002. d. any other appropriate writ, order or direction to which the petitioner may be entitled to in the circumstances of the case may be issued in his favour. e. companyt of the writ petition may be awarded in favour of the petitioner. The appellant filed the writ petition being Writ Petition No. 231 of 2008 by which judgment, the Civil Special Appeal filed by the appellant against judgment and order of Learned Single Judge dated 20.02.2007 was dismissed. dated 17.12.2008, the appellant has filed the present appeal. Aggrieved by the decision of the D.B. ASHOK BHUSHAN, J. 3 may kindly be quashed and set aside. Civil Special Appeal No. Leave Granted.

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Agarwal stated that as desired by the respondents, he should be relieved from representing them. However, when the matter was listed on 19 8 1991 Mr. N.K.

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1993_724.txt

Medha Patkar. Medha Patkar and her activities. Medha Patkar to her discredit. Medha Patkar and the Narmada Bacaho Andolan. Medha Patkar and her friends. Medha Patkar in 1991. Medha Patkar and the respondent No.5. Medha Patkar to attain his objectives. Medha Patkar and her activities so much so that even Smt. Medha Patkar which had motivated him to file the writ petition. Medha Patkar and hence numbernotice was issued to her. Medha Patkar and the Narmada Bachao Andolan had used him in their attempts to obstruct the companystruction of the dam. Medha Patkar who was requesting them number to disturb the meeting. Medha Patkar and his attempts to obstruct the lawful agitation carried on by Smt. Medha Patkar indicating that the money awards which had been received by them were to be used for charitable purposes and number for the activities of the Narmada Bachao Andolan. Medha Patkar and in the process he had roped in the respondent No.6 in order to show him to be an associate of Smt. Medha Patkar and respondent No.7 Director, Central Bureau of Investigation. Medha Patkar which had motivated him to file the writ petition and number in the public interest as claimed by him. Saxena. Saxena had a personal grudge against Smt. When Smt. Ms. Indira Jaising submitted that Shri Saxena had a pathological hatred for Smt. Medha Patkar was involved in anti national activities and was utilizing foreign funds received by her in the name of the Narmada Bachao Andolan to arrange for purchase and supply of guns and ammunitions to anti national elements who were engaged in disrupting the numbermal life of the citizens of India. Medha Patkar and an attempt had been made to discredit her by suggesting that she was involved in anti national activities which were allegedly being carried out by the respondent No.6 under the banner of Khedut Mazdoor Chetna Sangath. Ms. Jaising urged that the writ application was the result of a grudge nurtured by Shri Saxena against Smt. Medha Patkar to ensure that the tribals who were being displaced on account of submergence of the habitats were duly rehabilitated and companypensated for the trauma and shock experienced by them on account of such submergence. She submitted that the Right of Livelihood Award and Goldman Foundation had been jointly awarded in favour of Narmada Bachao Andolan, Baba Amte and Smt. Ms.Jaising denied that the Narmada Bachao Andolan had received any money from the McArthur Foundation, USA, as alleged in the writ petition. Ms. Jaising submitted that poison has been spread by Shri Saxena as part of his campaign to denigrate Smt. There is numberdirect evidence of any kind of subversive activity allegedly engaged in by the Narmada Bachao Andolan which companyld be said to be anti national. Ms. Jaising then submitted that the respondent No.6 Rahul Banerjee, had been introduced in the writ petition only in order to show that he was involved in anti national activities and that Smt. It was pointed out that there were several criminal cases pending against the respondent No.6 who was a supporter of the respondent No.5 Narmada Bachao Andolan and actively participated in its activities. Ms. Jaising submitted that such ridiculous and absurd allegations merely demonstrate the extent of the grudge nurtured by Shri Saxena against Smt. Shri Banerjee repeated Ms. Jaisings submissions that the present litigation was the result of a grudge harboured by Shri Saxena against Smt. P.M. regarding alleged violation of Foreign Contribution Regulation Act, 1976 by the functionaries of Narmada Bachao Andolan NBA . In the process, Shri Saxena has also tried to suggest that Smt. Upon receipt of the said award, a joint decision was taken by the Narmada Bachao Andolan and Baba Amte number to accept the money received through the award but to create a trust in the name of Jan Sahyog Trust and the entire award money was deposited in favour of the trust with the companydition that the money would number be used for any of the activities of the Narmada Bachao Andolan. This writ petition has been filed by the National Council for Civil Liberties through its President, Shri K. Saxena, against the Union of India, State of Gujarat, State of Madhya Pradesh, Smt. Having seen the annexures to the companynter affidavit filed on behalf of the respondent No.5, we are inclined to accept Ms. Indira Jaisings submissions that Shri Saxena had a private grudge against Smt. Ms. Jaising referred to the companynter affidavit filed on behalf of the respondent No.5 to the writ petition and the annexures thereto. 4 and 5 by making allegations of subversive activities against the respondent No.6 and trying to establish a link between the respondent No.6 and Smt. The respondent No.6 Rahul Banerjee has been made out to be a sympathizer of the naxalite movement and was using his companynection with Smt. Only Shri Saxena had, in his individual capacity as President of the National Council for Civil Liberties, filed the writ application out of a personal grudge. Ms. Indira Jaising urged that the petitioner had numberlocus standi to maintain the petition. Although, the writ petitioner has attempted to show that the writ petition had been filed for the benefit of the people of the States of Gujarat, Madhya Pradesh and Rajasthan, the facts as sought to be projected clearly indicate that the writ petition has been filed out of grudge harboured by Shri Saxena against Smt. Ms. Jaising also referred to annexure R 6 to the companynter which is a letter addressed to the trustees of the Jansahyog Trust, Bombay, by both Baba Amte and Smt. The respondent No.6 has been introduced in the writ petition to malign the respondent Nos. He submitted that he was number companynected with the Narmada Bachao Andolan and the case of sedition under Sections 121 and 121 A of the Indian Penal Code had been quashed by the Madhya Pradesh High Court in Criminal Revision No. Ms. Jaising submitted that neither the State of Madhya Pradesh number the States of Gujarat and Rajasthan, which were the ultimate beneficiaries of the Sardar Sarovar Dam, had companye forward to question challenge the activities of Smt. The respondent No.6, Shri Rahul Banerjee, who appeared in person, denied the allegations in the writ petition which were directed mainly against him and urged that the same had been made only to persuade the Court into passing an order against Smt. On the other hand, there is evidence to show that certain monetary awards had been received jointly by the respondent No.5 and Baba Amte which had been vested in a trust which had numberconnection with the activities of the respondent No.5. She pointed out that apart from Shri Saxena, the President of the National Council for Civil Liberties, numberody else had been impleaded as petitioner to lend support to the case made out in the writ petition. Mallika Sarabhai was number spared in his relentless crusade against Smt. The demonstrators hurled abuse at Smt. 4 or certain organizations named in the writ petition to receive foreign funds. Although, the writ petition has been shown to have been filed to protect the interest of the people of the three States of Gujarat, Madhya Pradesh and Rajasthan, except for Shri Saxena representing the writ petitioner association, there is numberother individual who has been impleaded as petitioner to support such an argument. Consequently, at the time of final hearing of the writ petition, numberone appeared on her behalf or on behalf of the CBI while the respondent No.6 Rahul Banerjee, appeared in person. 1,2,3 and 7 to investigate into the routing of foreign funds into the activities of the respondent Nos. 7 Mr. Amar Dave, learned advocate, appearing in support of the writ petition, urged that Shri Saxena had numberpersonal axe to grind against the respondent Nos. He denied that the society being run by him, namely, the Khedut Mazdoor Chetna Sangath was engaged in any kind of unlawful and or anti national activities as alleged in the writ petition or at all. However, it has also been categorically stated that an inspection was carried out in terms of Section 14 of the Foreign Contribution Regulation Act, 1976 into the books of accounts of among others the Narmada Bachao Andolan, Badwani, Madhya Pradesh in 2002 and the same did number reveal any instance of violation of the aforesaid Act. Shri Banerjee submitted that despite repeated investigations into sources and utilization of these funds by the Madhya Pradesh Police, the Union Home Ministry had found numberhing untoward regarding the acquisition and utilization of such funds. 5 or 6 but he was actuated by national interest to file the writ petition to prevent the respondent Nos. When the matter was taken up for final hearing on 10th May, 2007, Ms. Indira Jaising, learned senior advocate, appearing for the respondent No.5, raised a preliminary objection that the writ petition was number maintainable, particularly in the shape of a Public Interest Litigation, since numberfundamental right of the petitioner organization had been infringed from the facts as disclosed in the writ petition and the writ petitioner had filed the writ petition out of sheer grudge against the respondent Nos. Shri Banerjee added that the Foundation is a renowned funding agency having the permission of the Union Home Ministry to make such grants in India. Ms. Jaising forcefully urged that the writ petition was number maintainable and the stand taken that the respondent No.5 had violated the petitioners fundamental rights under Article 21 of the Constitution, was without basis and was liable to be rejected. Except for vague allegations regarding receipt of foreign funds by the respondent Nos. Further allegations have been made with regard to supply and free usage of arms and explosives with a view to obstructing the progress of projects of national importance. Regarding the allegation of receipt of illegal funds by him and his wife Subhadra Khaperde and using the same for inciting armed rebellions against the State, the respondent No.6 submitted that the funds had been received as fellowship grants from various bona fide agencies for implementation of development projects. Presumably the Court was number entirely companyvinced of the allegations against Smt. On 7th July, 2006, when the Writ Petition was moved, this Court did number companysider it necessary to issue numberice to the respondent No.4 Smt. The prayers indicate that the writ petitioner is basically companycerned with the alleged acquisition and supply of arms, explosives, detonators, gelatin sticks and bullets by the respondent Nos. 4, 5 and 6 and their support groups naxalite organizations. Referring to annexure R 3 of the companynter, she submitted that from the report it was quite obvious that Shri V.K. and to issue appropriate directions on receipt of such status report further directing such investigation to be companyducted by the respondent No.7 Issue appropriate writ order or direction directing respondent No. 4,5, 6 and their support groups as enumerated in this petition and more particularly in respect of the activities in the nature of source, supply and acquisition of arms, explosives, detonators, gelatin sticks, bullets and companynections with naxal organizations as well as supply and free usage of arms and explosives more particularly with a view to thwart the progress of projects of national importance by terrorizing government officials and locals, facts of which have companye to be revealed in the final report submitted by SDO Bagli M.P. Both the Union of India and the State of Madhya Pradesh had little to add and they relied on the affidavits filed on their behalf in the proceedings. As to the funds received as fellowship grants from the McArthur Foundation, USA, the same were solely used for improving the reproductive health and rights situation of Bhil adivasi women and had numberconnection whatsoever with the work of the respondent Nos. In the companynter affidavit filed on behalf of the Union of India, it has been generally stated that the Ministry of Home Affairs in its Foreign Contribution Regulation Act Division had number granted permission to the respondent No. Shri Banerjee also referred to the affidavit filed on behalf of the State of Gujarat in which it has been stated that there are numbercriminal cases pending in the State of Gujarat against the respondent Nos.4, 5, and 6 and the one case involving the manhandling of two officers of the Gujarat Government while discharging their duty in village Barada in Madhya Pradesh was also companypromised and disposed of by the Judicial Magistrate in March 2003. to Additional Sessions Judge, Bagli District Devas Issue appropriate writ order or direction directing the Central and State Government to evolve a proper mechanism for implementation a project of national importance where project developer be directed to provide all available information to the people of that particular area regarding companyt of project, time schedule for implementation, why the project is being implemented, its likely impact on citizens positive or negative , how the Govt. On the other hand, it was the right of the displaced persons which had been affected in violation of Article 21 of the Constitution which was canvassed by the respondent No.5. Reference was also made to annexure R 4 which was a report of an unprovoked attack on the respondent No.4 and her followers by the members of the Bharatiya Janata Party Yuva Morcha, Congress and National Council for Civil Liberties activists led by one Amit Thakkar and Shri V.K. In the affidavit affirmed on behalf of the State of Madhya Pradesh, it has been stated that the existing laws were sufficient to take care of the reliefs claimed by the writ petitioner and appropriate action under the existing laws had already been undertaken. The said information was companyveyed to the Chief Minister of Gujarat by the Minister of State, Ministry of Home Affairs, Government of India, by letter dated 26th August, 2003. In fact, the writ petition appears to have been filed as a fishing exercise to try and procure evidence against the said respondent Nos. All the said funds had been properly utilized for the purposes for which they had been granted and there were supporting vouchers in support of the same which had been duly certified by Chartered Accountants, companyies whereof had been marked as annexure R 9 to the companynter filed by the respondent No.6. 4, 5 and 6 and their activists along with that of the support groups and organizations as enumerated in this petition, and this Honble Court be pleased to issue such appropriate directions upon receipt of such status report to ensure expeditious disposal of pending investigation and or trials within such time period as may be found fit and appropriate by this Honble Court Issue appropriate writ order or direction directing respondent No.3 to place before this Honble Court a specific action taken report in view of the vigilance report Devas police report after the Mehendikheda firing incident in the State of M.P. A similar stand was taken on behalf of the Union of India. Mallika Sarabhai tried to intervene, she too was threatened. On the other hand, the respondent No.5 appears to be genuinely companycerned with the rehabilitation of the tribals and the other habitats of the submerged areas in keeping with the decision of this Court that the rehabilitation programme should be companypleted before submergence of the areas which were inhabited by them. The accounts records of the NBA and a number of NGOs associated with it were inspected but numberspecific instance of any violation of FCRA, 1976 was detected. 4, 5 and 6. 4 5 number were they used to purchase arms with the intention of staging an armed rebellion against the State. The companytents of the said letter has been made annexure R 1/1 to the affidavit affirmed on behalf of the Union of India and reads as follows Kindly refer to your letter No. 7 to undertake detailed investigation into the affairs of the respondent Nos. 2 and 3 to place before this Honble Court the status report on pending prosecutions lodged against the respondent Nos. Any other direction which this Honble Court may deem fit. plans to companypensate the citizens, who are likely to be displaced or adversely affected and benefits after the implementation etc. Having heard the learned companynsel for the respective parties and having companysidered the materials on record, we are of the view that although ordinarily in a case like this a writ petition under Article 32 of the Constitution would be maintainable, in the facts of this case the writ petition does number call for any interference by this Court. This is a prestigious award given to individuals and organizations which have worked for the cause of environmental justice. After taking numbere of such objection, we decided to hear the parties both on the question of maintainability of the writ petition and also on merits. CMS GO1/150 dated the 27th September, 2001 addressed to the Honble Dy. to curb the misinformation spread by vested interest. ALTAMAS KABIR, J. Such information should be freely and easily available to all. A similar enquiry had also been companyducted in 2000 and then also numbersuch violation had been detected. The various decisions cited by companynsel on both sides indicate in what circumstances public interest litigation may be entertained by the Courts. 942/2003 by its judgment dated 26th April, 2004.

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The licence enabled the appellant to manufacture Menthol IP, Menthol BP, Menthol U.S.P. The appellant before us is a companypany engaged in the manufacture of Menthol IP, Menthol BP, Menthol U.S.P. The Notification provides that the expression Bulk drugs shall have the same meaning assigned to it in the Drugs Prices Control Order, 1987. THE TABLE Description of the Goods Rate of Duty Bulk drugs including salts, easters and derivatives, if any specified under the First Schedule to the Drugs Price Control Order, 1987, as amended from time to time NIL Other bulk drugs 5 ad valorem Medicinal grade oxygen NIL Medicinal grade Hydroxgen Peroxide NIL Anaesthetics NIL Explanation In this numberification, the expression bulk drugs shall have the same meaning assigned to it in the Drugs Prices Control Order, 1987. The appellant claimed that he had been manufacturing and supplying Menthol as falling under the expression bulk drugs as set out in the Notification referred to above and filed classification list. The Drugs Prices Control Order, 1987 defines bulk drug as under Bulk Drug means any substance including pharmaceutical, chemical, biological or plant product or medicinal gas companyforming to pharmacopoeial or other standards accepted under the Drugs and Cosmetics Act, 1940 23 of 1940 , which is used as such, or as an ingredient in any formulation. and Mentha Oil IP. The appellant was carrying on its activities under a licence granted by the drug companytrol authorities companystituted under the Drugs and Cosmetic Act, 1940. 31/88 CE dated 1.3.1988. On 1.3.1988 a numberification No. The matter was carried in appeal to the Custom, Excise Gold Control Appellate Tribunal hereinafter referred to as the Tribunal which dismissed the appeal on the basis that Menthol cleared by the appellant is number used as such, or as an ingredient in any formulation as provided under the Drugs and Cosmetics Act, 1940 and, therefore, the appellant was number entitled for the benefit of Notification No. On 27.6.1990 the Assistant Collector, Central Excise, Rampur proposed that the appellant should pay the excise duty without availing of the benefit of the exemption referred to earlier and issued a show cause numberice proposing imposition of penalty. Thereafter, the Collector, Central Excise, Meerut, issued a show cause numberice alleging that the appellant had wrongly availed of the benefit of the Notification No. The appellant was availing of the exemption till 27.6.1990. 31/88 dated 1.3.1988 during the period from April 1988 to December 1988 and January 1990 to 5 April 1990. 31/88 CE was issued by the Department which reads as under In exercise of the powers companyferred by sub rule 1 of rule 8 of the Central Excise Rules, 1944, the Central Government hereby exempts goods of the description specified in companyumn 2 of the Table thereto annexed and falling under Chapter 28, 29 or 30 as the case may be, of the Schedule to the Central Excise Tariff Act, 1985 5 of 1985 , from so much of the duty of excise leviable thereon under the said Schedule as is in excess of the amount calculated at the rate specified in the companyresponding entry in companyumn 3 of the said Table. Objections were raised by the appellant that the Assistant Collector was number companypetent to issue a show cause numberice claiming excise duty for the past period exceeding six months. After hearing the appellant and examining the replies filed by the appellant to the show cause numberice, the Collector ultimately decided that the appellant was liable to pay differential demand of excise duty and also imposed penalty of Rs. RAJENDRA BABU, CJI. Returns also were filed in appropriate forms and goods were also cleared. 2 lakhs.

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1072 to 1079 of 1970. 10 2 of the Income Tax Act,1922 ? 1076 1079 of 1970, are both number resident shipping companypanies having their registered offices in Japan. 1072 75 of 1970 the question referred under sec. 10 2 xv of the Act of 1922 the tax paid by them on their business assets under the Local Tax Law in force in Japan. In Civil Appeals Nos.1076 1079of 1970 the question referred was Whether on the facts and in the circumstances of the case the property tax paid by the assessee in Japan on its vessels was allowable as deduction under section 10 2 xv of the Income Tax Act, 1922? 1072 1075 of 1970 and M s. Kawasaki Kisen Kaisha Ltd., appellant in Civil Appeals Nos. 66 2 was Whether on the facts and in circumstances of the case, the property tax and vessels tax paid by the assesses in Japan on its land, buildings and other tangible assets and ships were allowable as deduction under sec. The, appellant in each case had been assessed to income tax for the years mentioned above under the Indian Income Tax Act, 1922 hereinafter referred to as the Act of 1922 in respect of its net Indian earnings. 1076 1079 of 1970 relate to assessment years 1956 57, 1957 58, 1958 59 and 1959 60, the companyresponding previous years being the financial years ending on the 31st March 1956, 1957, 1958 and 1959 respectively. 66 2 of the Indian Income Tax Act, 1922 involving similar questions of law. 1072 1075 of 1970 relate to assessment years 195758, 1958 59, 1959 60 and 1960 61 for which the previous years were the financial years ending on the 31st March, 1957, 1958, 1959 and 1960 respectively Civil Appeals Nos. 1076 1079 S. P. Nayar and N. Sachthey, for the respondent in all the appeals . The Income tax Officer rejected the claim on the view that the incidence of tax under the Japanese law falls on the assessee companypanies in their capacity as the owners of the business assets and number as traders. 1076 1079/70 , T. A. Rama chandran and D. N. GuPta, for the appellants In all the appeals . In the assessment proceedings the appellant companypanies had claimed as deductible allowance under sec. Schin Chaudhuri In C.As. From the judgment and order dated the 1st July, 1969 of the Calcutta High Court in Income, Tax References Nos. Civil Appeals Nos. In Civil Appeals Nos. Mitsui Steamship Co. Ltd., appellant in Civil Appeals Nos. 170, 174, 175, 186 and 184, 189, 177 176 of 1964. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. These two groups of appeals, brought on certificates granted by the High Court at Calcutta, arise out of two references under sec. The Judgment of the Court was delivered by GUPTA, J.

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central excise nagpur. ramdaspeth nagpur. civil appeal number 678 of 1965 this appeal arises out of special civil application number 490 of 1963 which relates to the search and seizure of the premises of sri durga prasad on august 19 1963 and august 20 1963. the authorisation was granted by the 1st respondent assistant companylector of customs and central excise nagpur to the second respondent superintendent of customs and central excise on august 19 1963 to search the appellants premises shreeram bhawan and to seize and take possession of all gold gold ornaments etc. which were believed to have been kept in companytravention of gold companytrol rules and also account books and documents. krishan dev 19 8 63 assistant companylector of customs and central excise nagpur. the authorisation was granted under rule 126 l 2 of the def ence of india amendment rules 1963 and reads as follows to shri s. h. joshi superintendent of customs and central excise nagpur. civil appeal number 677 of 1965 this appeal arises out of special civil application number 437 of 1963 relating to the search of the premises of the appellant durga prasad at tumsar and nagpur on the basis of an authorisation dated september 24 1963 issued by the assistant companylector of customs raipur to the superintendent of central excise at nagpur under s. 105 of the customs act which reads as follows shri h. r. gomes superintendent prev. whereas information has been laid before me and on due inquiry thereupon i have been led to believe that the premises vaults lockers specified below and said to be in possession and companytrol of shri b. shri ram durga prasad are used for storage of gold gold ornaments in contravention of the provisions of the gold control rules details of premises vaults lockers to be searched.shri ram bhavan and premises appurtenance thereto including offices out houses etc. 437 448 459 and 490 of 1963 wherein the respective appellants challenged the search and seizures carried out by the respondents at the residential cum business premises of the appellants in exercise of the power derived from rule 126 l 2 of the dtfence of india amendment rules 1963 hereinafter called the gold companytrol rules and ss. this is to authorise and require you to enter the said premises with such assistance as shall be required and to use if necessary reasonable force for that purpose and to search every part of the said premises and to seize and take possession of all gold gold ornaments along with the receptacle companytainer or companyering thereof which you may reasonably believe to be kept in companytravention of the gold companytrol rules and also of such books of accounts return or any other documents as you may reasonably believe to be companynected with any companytravention of gold companytrol rules and forthwith report to this office regarding the seizure made returning this order with an endorsement certifying what you bad done under it immediately upon its execution. the orders of the collector dated september 6 1963 and september 11 1963 both state that the companylector was of opinion that the documents were useful for and relevant to the proceedings under the customs act 1962. respondent number 2 has also stated in para 3 of his return that information was received from a reliable source that the appellant had a companysiderable quantity of hoarded gold which had number been declared by him under rule 126 1 of the defence of india amendment rules 1963 and for this purpose a raid was made for search of gold and gold ornaments. having taken possession of the documents respondent number 2 retained those documents at nagpur for about 8 days. 105 and 110 of the customs act 1962 hereinafter called the customs act . this is to authodse and require you to search for the said articles and documents in the shop office godowns residential premises companyveyance packages belonging to or on the person of shri durgaprasad saraf tumsar and if found to produce the same forthwith before the undersigned returning this authority letter with an endorsement certifying what you have done under it immediately upon its execution. given under my hand and seal of this office this nineteenth day of august 1963. seal of office. 437 448 449 and 490 of 1963. s. pathak g. l. sanghi k. srinivasamurthy o. c. mathur ravinder narain and j. b. dadachanji for the appellants. 677 to 680 of 1965. appeals from the judgment and orders dated february 24 25 1964 of the bombay high companyrt nagpur bench in special civil applications number. while the documents were at delhi the 3rd respondent viz. the judgment of the companyrt was delivered by ramaswami j. these appeals are brought by a certificate from the judgment of the high companyrt of judicature at bombay nagpur bench dated february 25 1964 in special civil applications number. thereafter the documents were sent to delhi temporarily for proper translation by the departmental hindi officer. v. gupte solicitor general n. s. bindra and b. r. g. achar for the respondents. civil appellate jurisdiction civil appeals number.

test

1965_295.txt

According to the prosecution the evidence of this expert showed that the quantity of scabbed apple brought by the accused to the procurement centers as reflected in the records was grossly inflated. The gist of the prosecution case was that the growers had brought much lesser quantities of scabbed apple than the quantity entered in the official records and received amount in lieu of the same. They stood by the official records and refuted the allegations that inflated quantities of the stock of apple procured and destroyed were entered in the record with a view to cheat the State Government. Precaution was taken to ensure that the procured apples were number re cycled. The Commission came to the companyclusion that some persons had obtained false payments by showing inflated quantities of scabbed apple and had, thereby cheated the State Government. In these cases it was alleged inter alia that the accused persons entered into a criminal companyspiracy with a view to cheat the State Government by preparing false records showing inflated quantities of scabbed apple brought by the growers and thereby caused loss to the Government exchequer. The State of Himachal Pradesh is well known throughout the companyntry for its apples. It is relevant to numbere here that numberdirect evidence was produced for showing the apple crop of the orchards in question during the year 1983. Thakur a retired professor of Horticulture and Shri Shamsher Singh a grower, were examined to companynter the evidence of Shri Panwar. It is on record that Shri P.C. In this operation about 30000 tons of Scab affected apple were procured and destroyed at 195 centers set up for the purpose and companypensation 50 paise per kilogram was paid to the companycerned growers. Panwar the then District Horticulture Officer, Shimla, who was examined as an expert for assessing the fruit bearing capacity of the orchards in question. Panwar visited the orchards in November 1984 after even the crop of the succeeding year had been harvested. At the trial the prosecution case was sought to be proved by circumstantial evidence which was brought on record by the testimony of Shri P.C. The High Court was of the view that the evidence of Shri P.C. From the evidence the prosecution sought to establish the case that the whole transaction was an outcome of a criminal companyspiracy to cheat the State Government, and to misappropriate public funds and the public servants companycerned having been parties to the companyspiracy, the purpose companyld be easily achieved. The Commission had also companye to the companyclusion that the bungling had been done in companynivance with the members of the team engaged in the procurement and destruction of the fruits. On behalf of the defence Shri D.R. The State Government appointed Shri Roop Singh Thakur, the then District and Sessions Judge, Shimla as one man enquiry Commission to examine the matter. On the basis of the said enquiry report a number of criminal companyplaints were lodged against the public servants who were members of the team and also the companycerned growers. Complaints of large scale bungling and misappropriation of Government money were received from different quarters. Panwar fell very much short of the requirement of law and therefore companyld number be relied upon. The accused persons denied the charges. The main companytention of Shri Altaf Ahmad, learned Senior Counsel appearing for the appellant was that the learned trial judge had thoroughly discussed the evidence and given companyent reasons for accepting the prosecution case while the High Court without closely examining the reasons stated in the trial companyrt judgment, on a superficial approach has rejected the prosecution case and acquitted the accused persons. Hence these appeals filed by the State of Himachal Pradesh. The cases were sent to the companyrt of the special Judge, Shimla for trial. Accordingly, the High Court acquitted the accused persons of all the charges. Though the cases from which these appeals arise were disposed of by judgments rendered by the High Court of Himachal Pradesh on different dates the questions of fact and law involved in all the cases are similar. With the companysent of learned Counsel for the parties all the cases were heard together and they are being disposed of by this companymon judgment. On these allegations all the accused persons were charged for offences punishable Under Section 468, 420, 120 B of the Indian Penal Code and Section 5 2 of the Prevention of Corruption Act, 1988. 1999 Supp 2 SCR 318 JUDGMENT P. Mohapatra, J.

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1999_636.txt

On the same day Phoenix Industries Ltd. M s. PIND imported soles and insoles numbering 5151 pairs worth Rs.7,07,806 CIF . The question of law that arises for determination in these civil appeals is Whether shoe uppers, outer soles, insoles and sock liners imported by M s. Phoenix Industries Ltd. PIND in the same companytainer companyld be clubbed so that it companyld be companysidered as import of the shoe itself in semi knocked down SKD companydition? M s. PIL had imported synthetic uppers under DEEC Scheme whereas soles were imported by M s. PIND under para 22 of the EXIM Policy 1992 97. FACTS A synthetic shoe, inter alia, companysists of vital parts, namely, synthetic uppers, outer soles, insoles and sock liners M s. Phoenix International Ltd. M s. PIL were the holders of Quantity Based Advance Licence under which it was entitled to import synthetic shoe uppers, PVC companypounds and natural rubber. In the preliminary enquiry the Department found that all the cartons were placed in one companytainer with the marking of Phoenix without specifying whether the companytainer was meant for M s. PIL or M s. PIND. I companyfirm the differential duty of Rs.16,78,891/ in respect of imports made by M s. Phoenix International Ltd. and Phoenix Industries Ltd. under two bills of entry companyered under show cause numberice dated 7.5.96 under Section 28 1 of the Customs Act, 1962. Whether the importer was guilty of mis declaration when the importer declared SKD goods as companyponents? On preliminary enquiry, Department was satisfied that there was an attempt to mislead by importing the above items separately through two different companypanies as uppers and soles companystituted companyplete synthetic shoes in SKD form. In companyclusion, the Commissioner passed the following order The goods valued at Rs.78,79,968/ in respect of show cause numberice dated 1.7.96 representing the imports made in the name of M s. Phoenix Industries Ltd. attracted companyfiscation. Both the companypanies imported respective items as companyponents parts. Hence, two show cause numberices came to be issued dated 7.5.96 for the period 21.6.95 to 4.11.95 and the second show cause numberice dated 1.7.96 for the month of February 1996. C/286/98 D and C/302 311 of 2000 D with E Co/239, 257 260/2000 D whereby the Tribunal allowed the appeals of the importers herein respondents . However, since the goods are number available, numberorder companyfiscating the goods can be passed. These civil appeals are filed by the Department under Section 130E of Customs Act, 1962 against order passed by CEGAT dated 22.12.2000 in Final Order No.411 421/2000 D in Appeal Nos. Unfortunately, numbere of these aspects have been companysidered by the Tribunal. The above circumstances have number at all been companysidered by the Tribunal. KAPADIA, J.

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2007_743.txt

among the array of the accused in the case are three companytractors accused number. of the remaining three government servants accused number 4 m. m. jagasia was an upper division clerk working as office supdt. 5 6 and 7 and their servant accused number 8 and four government servants of whom accused number 1 is the appellant before us. criminal appellate jurisdiction criminal appeal number 148 of 1967. appeal by special leave from the judgment and order dated july 20 1967 of the bombay high companyrt in criminal revision application number 439 of 1967. c. bhatt and b. r. agarwala for the appellant. r. khanna and r. n. sachthey for respondent number 1. k. sen bishamber lal and h.k. the appellant is being tried before the special judge bombay along with seven others for companyspiracy to cheat the officers of the naval dockyard and under s. 5 2 of the prevention of companyruption act 1947. the substantive charges against the several accused are different but it is number necessary to mention them here. puri for respondent number 8. the judgment of the companyrt was delivered by hidayatullah j. this is an appeal by special leave against an order of the high companyrt of bombay dated july 20 1967 dismissing a criminal revision application filed by the appellant against an order of the special judge bombay tendering pardon to a companyaccused under sec.

test

1967_156.txt

I and the votes secured by Respondent No. He secured 20735 votes. l and the votes secured by Respondent No. 8 secured 3606 votes, which were higher than the difference between the votes secured by Respondent No. The difference between the votes secured by Respondent No. 8 and the election of Respondent No. 8 companytesting the election. He secured 3606 votes, which were more than the difference between the votes secured by Respondent No., and by Respondent No. The Election Petition was companytested by Respondent No. 8 had secured only about 1 7th of the number of votes polled by the Respondent No. Pushpa Devi was declared elected having secured 23006 votes. 2, the election of Respondent No. The next highest number of votes was secured by Shri Naurangi Singh. 1 that the acceptance of the numberination paper of Respondent No. 34 of 1985 dismissing the Election Petition. 8 was illegal, the election companyld number be set aside since the result of the election was number materially affected thereby. 16 candidates companytested at the said election. I should be companysidered as having been materially affected by the wrongful acceptance of the numberination paper of Respondent No. 2 was in the order of 227 l votes. From the Judgment and order dated 17.1.1986 of the Allahabad High Court Election Tribunal in Election Petition No. 8 was illegal, the appellant had number established that the result of the election of Respondent No. 8, who was working as a teacher in the Babu Ram Singh Intermediate College, Baburala, Baduan was also one of the candidates in the election. Qamarrudin and Mrs. Qamarrudin for the Respondents. The election to the Uttar Pradesh State Legislative Assembly from Constituenc No. The High Court held that the acceptance of the numberination paper of Respondent No. The appellant, who was an elector at the said election, filed the Election Petition, out of which this appeal arises, companytending that Respondent No. 8 was number holding an office of profit under the State Government and secondly even if the acceptance of the numberination paper of Respondent No. 8 was number holding an office of profit under the State Government and it further held that even if the acceptance of the numberination paper of Respondent No. 8 was number illegal as Respondent No. 8 was number illegal since Respondent No. 8, who was working as a teacher in the Babu Ram Singh Intermediate College, Baburala, Baduan, was holding an office of profit under the State Government and, therefore, the acceptance of his numberination by the Returning officer was illegal. Respondent No. l and there were 15 candidates excluding respondent No. Since Respondent No. 41 Gunnaur, Village Mirzapur, District Baduan took place in early March, 1985. It was pleaded by Respondent No. 1177 NCE of 1986. This appeal is filed under section 116A of the Representation of the People Act, 195 l hereinafter referred A to as the Act by the appellant against the Judgment dated January 17, 1986 of the High Court of Allahabad in Election Petition No. I had been materially affected on the facts and in the H circumstances of the case. 54 of 1985. K. Garg and Ravi Parkash Gupta for the Appellant. In both these situations, the answers are obvious. The Judgment of the Court was delivered by VENKATARAMIAH, J. 1 was liable to be set aside. The High Court accordingly dismissed the petition. Aggrieved by the judgment of the High Court the appellant has filed this appeal. I Smt. CIVIL APPELLATE JURISDICTION Civil Appeal No.

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1987_378.txt

The petitioner was appointed to the existing vacancy pursuant to the direction. The petitioner therein, while working as an Assistant in the Economics and Statistics Department had applied for recruitment as Legal Assistant Grade II by transfer under Kerala Secretariat Subordinate Service Special Rule for short, the Rule . Pursuant to the interim direction, he came to be appointed on October 15, 1992. By Notification dated December 15, 1992 applications were called for to fill up the post of Legal Assistant, Grade II from other Departmental candidates. Though vacancies were existing, he was number appointed. Therefore, he is required to be regularised irrespective of the numberification published on December 15, 1992 calling for applications from other departments. Therefore, he filled a writ petition for direction for appointment. This special leave petition has been filed against the judgement of the Kerala High Court, made on November 22, 1996 in O.P.No.13328/92. It was number intended that the list will be restricted to a particular period.

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1996_1633.txt

the commissioner of income tax bombay city i is the appellant and the jubilee mills limited bombay the respondent. the companymissioner of income tax obtained a certificate of fitness and filed the present appeal. september 17. the judgment of the companyrt was delivered by hidayatullah j.this is an appeal on a certificate of fitness granted by the high companyrt of bombay against the judgment of the high companyrt dated march 13 1958 on a reference made by the income tax appellate tribunal. do do ben veena 1000 4. do do ben sunita 1000 5. the assessee companypany then applied for a reference and the tribunal referred the following questions for decision by the high companyrt whether on the facts and in the circums tances of the case the income tax officer was competent to pass an order under section 23a 1 of the act after having allowed a rebate of one anna per rupee in the assessment under the proviso a to paragraph b of part i of the second schedule of the finance act 1948? r. number 40 of 1957. ganapathy iyer and r. n. sachthey for the appellant. civil appellate jurisdiction civil appeal number 599 of 1961. appeal from the judgment and order dated march 13 1958 of the bombay high companyrt in i.t. v. viswanatha sastri and i. n. shroff for the respondent.

test

1967_174.txt

For the purposes of electrolysis the Respondents manufacture the cathodes and anodes. A lead sheet fixed with a header acts as positive electrode anode and an aluminium sheet fixed with a header acts as negative electrode cathode . The cathodes are manufactured in the following manner. The Debari unit paid duty on the cathodes. Show cause notices were issued to the Respondents as to why they should number pay duty on cathodes and anodes manufactured by them. However, in respect of Visakhapatnam unit the Respondents filed a Classification list merely showing anodes and cathodes without showing that they had put headers on them. Zinc is manufactured by a process known as electrolysis. V L CL 1/91 92/HZL VAL, dated 20.9.1991 a specific query had been raised by the companycerned Assistant Commissioner, regarding classification of the product, relevant extracts of which are reproduced as under In respect of the products mentioned at No.7, viz., Lead Anodes, Cast Anode Sheets, such description of the goods does number appear in Central Excise Tariff. The current is introduced into the solution by means of electrodes. 2305/2000 and C.A. So you must write the exact description of the goods emphasis supplied as mentioned in Central Excise Tariff to avoid any type of companyfusion and possibility of mis classification. Briefly stated the facts are as follows The Respondents are engaged in the manufacturing of zinc, lead and products thereof. WITH C.A. The Commissioner of Customs and Central Excise held that there was a manufacture and directed payment of duty and also imposed a penalty. We have already numbered the manufacturing process. 5632/2000 N. VARIAVA, J. The assessee in the letter reference No. All these Appeals can be disposed by this companymon Judgment as the point involved is the same. No.

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2004_218.txt

The deceased was the leader of one of the political faction. There have been previous quarrels between the rival factions and the deceased was earlier beaten up by the persons belonging to the opposite faction. He referred to a tube light that was fitted to the electric pole near the water well and the tube light was functioning. On the night of 20th April, 1990, a drama was being staged in the village in which both the political factions were participating. P.W.2 was beaten by A.1 and A.23. One faction belongs to the Congress I party while the other faction belongs to the Telugu Desam party. The deceased was a leader of the Congress I party while the accused persons belonged to the TDP. When they reached near the house of Chandu Paramaiah, A.1 and A.2 gave axe blows on the head of the deceased. 2 also stated that a tube light was fitted to an electric pole near the water well and that tube light was providing sufficient light to enable one to witness the occurrence. A.4, A.5 and A.7 also dealt blows with an axe on the head of the deceased. Shortly after midnight when the drama was still going on, the deceased left for his house. When the deceased fell down, all the accused beat him indiscriminately. On the intervention of some leaders peace was restored and the drama was resumed. Venkata Narayana, he numbericed all the accused persons attacking the deceased. P.6 to P.W.7 mentioning names of A.1 to A.11 and others saying that these accused persons had attacked the deceased with sticks, iron rods and soda bottles and axes. A.3 also dealt a blow with a battle axe on the head of the deceased. When the deceased entered the house of Paramaiah, A.2 followed him and pulled him out of the house. Discrepancy between medical and oral evidence regarding injuries suffered by the deceased. The deceased was also among them. The 24 accused who were armed with weapons including battle axes, spears, iron rods, sticks and soda bottles, chased the deceased. About 500 to 600 people had assembled to watch the drama. P.W.1, who was watching this drama, came out to answer a call of nature. The drama started at about 10.00 p.m. After sometime there was some companymotion. About the alleged absence of light at the time of occurrence, it is only to be numbered that at least at 3 4 places, it has companye in evidence on record that on the electric pole near the place of occurrence, there was electric tube which was lighted and which provided sufficient light. P.W.1 stated in his examination in chief that by the side of the well, there is an electric pole and a tube was fixed and the same was burning. Therefore, when doctor described certain injuries as stab injuries the same companyld well be caused by a spear. Accused A.1 to A.5 and A.7 were charged under Sections 148 and 302 read with 149 of the Indian Penal Code while other accused were charged under Sections 323 and 324 of the said Code. He specifically stated that he witnessed the occurrence in that light. away from the place of occurrence and the incident took place at the dead of night at about 12 oclock, the FIR was lodged promptly and investigation started promptly, almost the entire village was watching the drama which was being staged on that fateful night. The prosecution case is that admittedly there are two factions in the village Manchala District Guntur. The eye witnesses were interested witnesses, there were numberindependent witnesses. For the charges framed under Section 323 and 324, all the accused were acquitted. Injury No.1 alongwith injury No.17 was itself sufficient to cause death, and therefore, companyld be described as a fatal injury. These injuries companyld have been caused by a spear also which is a sharp edged weapon. About four months prior to the Assembly Elections held in November, 1989, the deceased was beaten by A.2 and others. He companytacted P.W.7, the Inspector of Police and informed him about the occurrence. Ws.2 to 4 and N. Pitchayya intervened, A.6, A.9, A.16, A.20, A.21 and A.23 beat him with sticks. The presence of the eye witnesses who belong to the same village at the time of occurrence was, therefore, natural. On the date of the Assembly Elections also, son of P.W.3 and other associates belonging to the party of the deceased were beaten. Injuries No.13, 15, 16, 18, 24 and 25 were described by the doctor as stab injuries. The charge under Section 302 was for the murder of Kota Subbarao while the charges under Sections 323 and 324 were directed against some of the other accused persons. He went for investigations to the village at about 3.00 a.m. P.W.1 who is bother in law of the deceased is said to have handed over a prepared report as per Ex. The occurrence took place in open field and in the presence of so many persons, several of whom were the aggressors. In the present case, some of the glaring facts numbered below are beyond companytroversy or doubt The entire village was divided on political lines into two factions. P.W.9 went to the village and prepared Ex. A.15 and A.7 went to the police station which is about 5 Kms. The cut lacerations companyld have been caused by a heavy cutting weapon just like an axe. Non mention of injuries of PW 2 to PW 4 in the FIR was also taken as a factor to discredit the FIR. However, as per the judgment under appeal, the High Court acquitted all the accused persons. The way we look at it, it appears that medical evidence is companysistent with oral evidence, it is number possible to say that there is any discrepancy between medical and oral evidence. The account of the incident given by the eye witnesses, as many as four in number, is companysistent and tallies with each other. P.W.7 registered the case against six named persons and others. When the crime was companymitted in the open and so many persons were present, it companyld number said that the eye witnesses were telling lies. After the attack, the accused left the scene of offence leaving the victim dead. Aggrieved by the companyvictions and sentences passed against them, the companyvicted accused preferred an appeal before the High Court while the State preferred an appeal against acquittals so far as the other accused persons were companycerned. P.7 is the companyy of the FIR. He also prepared Ex. P.24 report to the Sub Inspector of Police at about 12.45 a.m. on 21st April, 1990. As per facts on record 24 persons were charged and tried by the First Additional Sessions Judge, Guntur, State of Andhra Pradesh. These two appeals arise from the judgment dated 9th April, 1992 of the High Court of Andhra Pradesh acquitting all the accused persons. When he reached the house of Ch. 659 OF 1995 ARUN KUMAR, J. Away and gave Ex. P.8 as an Observation Report. Again P.W. In this Court Criminal Appeal No.655 of 1995 had been filed by the companyplainant while Criminal Appeal No.659 of 1995 was filed by the State challenging the order of acquittal passed by the High Court. Seven charges were framed. P.W. 3 said the same thing in his examination in chief. J U D G M E N T WITH CRIMINAL APPEAL NO.

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2002_857.txt

The said truck was insured with the respondnt No.3. One Shiv Shakti Singh while proceeding in a car on 9.4.1998 met with an accident having been hit by a truck bearing registration No. The High Court, on perusal of the driving licence, the companytract of insurance as also the testimonies of witnesses examined on behalf of the parties, held We accordingly hold that the Insurer having established that the driver was number duly licenced to drive the truck in question and also having established want of care on the part of the insured in allowing the insured truck to be driven by a driver who possessed only a LMV Private licence, on paying the companypensation amount to the Appellants Claimants and recover the same from the Insured Respondent No.1 . The driver of the truck did number possess a valid driving licence and, therefore, breach of policy of the companytract of insurance was established as a result whereof the respondent No.3 was number liable to reimburse the owner of the vehicle any such amount payable by him by way of companypensation payable. Admittedly, numberappeal was preferred against the said judgment and award by the owner and driver of the vehicle as also the insurer thereof. By an award dated 8.2.2001, the Motor Vehicles Accident Claim Tribunal, held The accident took place due to the negligence of the driver of the truck The deceased having been earning a sum of Rs.10,000/ , the amount of companytribution to his family was about 8,000/ per month and, thus, on application of the multiplier of 16, the total loss of dependency would be a sum of Rs.12,80,000/ A sum of Rs.15,000 as loss of companypanionship for applicant No.2, a sum of Rs.2,000/ towards funeral expenses and Rs.35,000/ towards companyts of repairing of the Maruti Car, were also granted. As a result of the injuries sustained in the said accident, Shiv Shakti Singh died. Appellants herein filed an application under Section 166 of the Motor Vehicles Act, 1988 claiming companypensation for a sum of Rs.31,89,000/ . Appellants preferred an appeal thereagainst, companytending The insurer ought to have baan found to be liable to pay the amount of companypensation along with the owner and driver and The appropriate multiplier adopted should have been 20 instead of 16. The said truck was owned by the first respondent herein and was being driven at the relevant time by the second respondent. The car was also damaged. MP 09 KA 6899. One of the companytentions raised by respondent No.1 was that the accident took place owing to the acts of negligence on the part of the deceased himself. Several issues were framed by the Tribunal, inter alia, as regards the breech of policy companyditions as also the quantum of companypensation. This appeal is directed against a judgment and order dated 16.05.2005 passed by the High Court of Madhya Pradesh at Jabalpur reducing the amount of companypensation awarded in favour of the appellants herein by the Tribunal from Rs.13,32,000/ to Rs.6,96,000/ in an appeal preferred by the claimants in terms of Section 173 of the Motor Vehicles Act, 1988. As regards to the finding of the learned Tribunal that the deceased had income from the agricultural lands, it was opined that as agricultural land companytinued to be owned by the family what was lost was only the valuable supervision of the deceased. B. Sinha, J. Leave granted.

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2008_1171.txt

Dr. J.V. Divatia Professor and Head, Department of Anesthesia, Critical Care and Pain, at Tata Memorial Hospital, Mumbai Dr. Roop Gursahani Consultant Neurologist at P.D. Divatia Professor and Head, Department of Anesthesia, Critical Care and Pain at Tata Memorial Hospital, Mumbai , Dr. Roop Gursahani Consultant Neurologist at P.D. Hinduja Hospital, Mumbai Dr. Nilesh Shah Professor and Head, Department of Psychiatry at Lokmanya Tilak Municipal Corporation Medical College and General Hospital . Hinduja Hospital, Mumbai and Dr. Nilesh Shah Professor and Head, Department of Psychiatry at Lokmanya Tilak Municipal Corporation Medical College and General Hospital . Medical history Medical history of Ms. Aruna Ramachandra Shanbaug was obtained from the Dean, the Principal of the School of Nursing and the medical and nursing staff of ward 4 who has been looking after her. These three doctors were Dr. J. V. Divatia, Professor and Head, Department of Anesthesia, Critical Care and Pain at Tata Memorial Hospital, Mumbai Dr. Roop Gursahani, Consultant Neurologist at P.D. Hinduja, Mumbai and Dr. Nilesh Shah, Professor and Head, Department of Psychiatry at Lokmanya Tilak Municipal Corporation Medical College and General Hospital. It was learnt from the persons mentioned above that Ms. Aruna Ramachandra Shanbaug was admitted in the hospital after she was assaulted and strangulated by a sweeper of the hospital on November 27, 1973. In pursuance of our order dated 24th January, 2011, the team of three doctors above mentioned examined Aruna Shanbuag in KEM Hospital and has submitted us the following report Report of Examination of Ms. Aruna Ramachandra Shanbaug Jointly prepared and signed by Dr. J.V. Since there was some variance in the allegation in the writ petition and the companynter affidavit of Dr. Pazare, we, by our order dated 24 January, 2011 appointed a team of three very distinguished doctors of Mumbai to examine Aruna Shanbaug thoroughly and submit a report about her physical and mental companydition. This companymittee was set up because the Court found some variance between the allegations in the writ petition filed by Ms. Pinki Virani on behalf of Aruna Ramchandras Shanbaug and the companynter affidavit of Dr. Pazare. A companynter affidavit was earlier filed on behalf of the respondent number.3 and 4, the Mumbai Municipal Corporation and the Dean, KEM Hospital by Dr. Amar Ramaji Pazare, Professor and Head in the said hospital, stating in paragraph 6 that Aruna accepts the food in numbermal companyrse and responds by facial expressions. Kshirsagar, Dr. M.E. The hospital staff has provided her an excellent nursing care since then which included feeding her by mouth, bathing her and taking care of her toilet needs. Thus, there was some variance between the allegations in the writ petition and the companynter affidavit of Dr. Pazare. Pragna M. Pai, Dr. R.J. Shirahatti, Dr. Smt. Justice Mishra of the Supreme Court of India, Ms. Aruna Ramachandra Shanbaug, a 60 year old female patient was examined on 28th January 2011, morning and 3rd February 2011, in the side room of ward 4, of the K. E. Hospital by the team of 3 doctors viz. This team of three doctors was appointed to examine Aruna Ramachandra Shanbaug thoroughly and give a report to the Court about her physical and mental companydition It was felt by the team of doctors appointed by the Supreme Court that longitudinal case history and observations of last 37 years along with findings of examination will give a better, clear and companyprehensive picture of the patients companydition. Divatia on 17.02.2011 handed over the report of the team of three doctors whom we had appointed by our order dated 24th January, 2011. This report is based on The longitudinal case history and observations obtained from the Dean and the medical and nursing staff of K. E. M. Hospital, Case records including nursing records since January 2010 Findings of the physical, neurological and mental status examinations performed by the panel. Neurology 201075S33 On 18th February, 2011, we then passed the following order In the above case Dr. J.V. On the evening of 27th November, 1973 she was attacked by a sweeper in the hospital who wrapped a dog chain around her neck and yanked her back with it. Skin appeared to be generally in good companydition, there were numberbed sores, bruises or evidence of old healed bed sores. It is alleged that due to strangulation by the dog chain the supply of oxygen to the brain stopped and the brain got damaged. The care was of such an exceptional nature that she has number developed a single bed sore or fracture in spite of her bed ridden state since 1973. She makes sounds when she has to pass stool and urine which the nursing staff identifies and attends to by leading her to the toilet. She responds to companymands intermittently by making sounds. Neurology 200258349 353 Bernat JL. She accepts feed which she likes but may spit out food which she doesnt like. In order to ease feeding and further the recovery, surgeons implanted a gastrostomy feeding and hydration tube in Cruzan with the companysent of her then husband. There was numberpallor, cyanosis, clubbing or icterus. Her wrists had developed severe companytractures, and were fixed in acute flexion. Medical aspects of the persistent vegetative state. Yeolekar and number myself Dr. Sanjay N. Oak, all of us have visited her room time and again and have cared for her and seen her through her ups and downs. When an attempt was made to feed her by mouth, she accepted a spoonful of water, some sugar and mashed banana. The Missouri trial companyrt in this case found that permanent brain damage generally results after 6 minutes in an anoxic state it was estimated that Cruzan was deprived of oxygen from 12 to 14 minutes. Investigations performed during the companyrse of this assessment Blood tests, CT head, Electroencephalogram II. To immobilize her during this act he twisted the chain around her neck. She was edentulous numberteeth . She also licked the sugar and banana paste sticking on her upper lips and swallowed it. She appears to be happy and smiles when she receives her favorite food items like fish and chicken soup. Since last so many years she is in the same bed in the side room of ward 4. An attending neurosurgeon diagnosed her as having sustained probable cerebral companytusions companypounded by significant anoxia lack of oxygen . Though she survived, she never fully recovered from the trauma and brain damage resulting from the assault and strangulation. She also had brain stem companytusion injury with associated cervical companyd injury. Justice Katju and Hon. On mentioning, the case has been adjourned to be listed on 2nd March, 2011 at the request of learned Attorney General of India, Mr. T.R. Both knees had also developed companytractures right more than left . According to the history from them, though she is number very much aware of herself and her surrounding, she somehow recognizes the presence of people around her and expresses her like or dislike by making certain types of vocal sounds and by waving her hands in certain manners. There were numberskin signs suggestive of nutritional deficiency or dehydration. He tried to rape her but finding that she was menstruating, he sodomized her. She remained in a companya for approximately three weeks, and then progressed to an unconscious state in which she was able to orally ingest some nutrition. Andhyarujina, learned Senior Advocate, whom we have appointed as amicus curiae in the case as well as Mr. Shekhar Naphade, learned Senior Advocate for the petitioner. The next day on 28th November, 1973 at 7.45 a.m. a cleaner found her lying on the floor with blood all over in an unconscious companydition. Current companytroversies in states of chronic unconsciousness. Let the report as well as the CD form part of the record. Background As per the request of Hon. He has also handed over a CD in this companynection. N.A. The parents then sought and received authorization from the state trial companyrt for termination.

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2011_199.txt

Plaintiff Sital Prasad Saxena preferred civil appeal No. Plaintiff Sital Prasad Saxena preferred second appeal No. One Mahendra Kumar Saxena claiming to be one of the sons of late Sital Prasad Saxena moved an application being I.A. One Shri Sital Prasad Saxena filed Civil No. During the pendency of the appeal in the High Court, plaintiff appellant Sital Prasad Saxena expired on February 25, 1976. It appears that on the receipt of the report of the trial Court Mahendra Kumar Saxena and other legal representatives of the deceased appellant move an application being I.A. He simultaneously moved another application being I.A. He also moved another application being I.A. The trial Court after recording the evidence of the parties submitted the report which in terms included a finding that Mahendra Kumar Saxena had knowledge about the pendency of the second appeal before October 7, 1978, the date on which he moved the aforementioned applications. 5582 of 1978 under Order XXII, rule 3 of the Code of Civil Procedure for substitution of heirs and legal representatives of the deceased appellant with a view to prosecuting the appeal. 36A of 1970 against that judgment and decree of the trial companyrt in the District Court at Gwalior. 46A of 1969 against 1 Union of India 2 Comptroller and Auditor General of India and 3 Accountant General Madhya Pradesh for a declaration about the status of his post and arrears of salary in respect of the post in which he was entitled to companytinue. 5744 of 1978 under Order XXII rule, 9 CPC requesting the Court that if the appeal has abated for failure to seek substitution within the prescribed period of limitation, the abatement of the appeal may be set aside. 10 of 1971 in the High Court of Madhya Pradesh Jabalpur Bench. 2722 of 1981 praying for an opportunity to examine another son of the deceased appellant, viz., They also filed objections companytroverting the finding recorded by the trial Court. 843 of 1984 Appeal by Special leave from the Judgment and Order dated the 23rd September, 1981 of the Madhya Pradesh High Court in Civil Second Appeal No. The suit came up for hearing before the 5th Civil Judge Class II, Gwalior who by his judgment and decree dated July 7, 1969 dismissed the suit. CIVIL APPELLATE JURISDICTION Civil Appeal No. 10 of 1971. The appeal came up for hearing before the learned First Additional District Judge who agreed with the findings recorded by the trial companyrt and accordingly by his judgment and order dated August 4, 1970 dismissed the appeal. D. Gupta and R.N. Poddar for Respondents. S. Khanduja for the Appellant. The Order of the Court was delivered by DESAI, J. Hence this appeal by special leave. No.

train

1984_190.txt

Whether numberification of a route under Section 68 C of the Motor Vehicles Act, 1939 for short the Act excluding companypletely or partially private operators from plying on the numberified route results in excluding the operators of inter State route as well is the question of law that arises for companysideration in these appeals. M. Sahai, J.

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1993_742.txt

P.W.I intervened. They, allegedly, were once assaulted by the accused. Accused No,4 allegedly assaulted P.W.2 on her leg. Accused No. P.W.2 and Shanmugam were present. Allegedly, the portion allotted to P.W.I was larger in area companypared to the portion given to Appellants. Accused allegedly came there variously armed. Accused No.l was acquitted of the said charge. 1 was also adjacent to the property allotted to P.W.I and Appellant herein. W.2 and the deceased Shanmugam were on visiting terms with P.W. Accused Nos. Upon measurement, they allegedly informed the parties that the portion allotted to P.W.I runs upto the middle portion of the house and advised them to erect a wall, whereupon, allegedly, it was stated by the accused that they would number permit P.W.I to do so. Appellant No.l also, allegedly, assaulted his daughter with fists. 1 and 2, also examined Shanmugam, the deceased. Allegedly, despite registration of a Deed of Partition, P.W.I was number allowed to enjoy the portion of the property allotted to him. P.W.I is said to have given a sum of Rs.10,000/ to his father as the portion of the house allotted to him was larger in size. 2 and Shanmugam were companying back from office of P.W.9. It is wholly unlikely that the Accused No.l wanted to murder the deceased owing to the property dispute. The defence raised by Accused No. Further the evidence of 1st, 2nd and 3rd witnesses categorically prove beyond reasonable doubt and that the 3rd accused Mottaippan has attacked Shanmugam on his head with the help of wooden stick which is marked as O.I and the 2nd accused Kuruppusamy has attacked Shanmugam on the face and other parts with the help of wooden stick which is marked as M.O.2 and thereby caused the death of Shanmugam, and that 4 1 accused Banumathi has attacked 2nd witness Lakshmi with the help of wooden stick which is marked as M.O.3 and caused injuries viz. Accused No.l, according to the prosecution witnesses, was also present in the police station. The accused persons admittedly were in custody from 8.7.1994 to 12.7.1995. Appellant No.2 is said to have assaulted the deceased on his head with a firewood log, whereas Appellant No.l is said to have assaulted him on his right cheek with a firewood log. A companyplaint was made by P.W.I to the Head Constable of the police station, P.W.13, which was reduced to writing. Thus, only Accused Nos. The deceased had, allegedly, boarded a bus and went to the police station where he was detained. P.W.l Chinnasamy was given a share of the building on the southern side, whereas accused No.2, Appellant No.l herein, was allotted share on the numberthern side. Appellant No.l was in the police station at the time when the companyplaint was lodged. 2 was allotted a portion on the eastern side of the house. P.W.I fixed a new door and also inducted tenant s . Tenants were allegedly forced to vacate the house and had been threatened by the accused persons, in respect whereof a companyplaint was made. An application was filed by P.W.I for measurement of his property, wherefor he also paid requisite fees. Shanmugam was referred to Coimbator Medical College, where he died at about 10.40 a.m. on 6.7.1994. All the accused pursuant thereto were summoned by the police and were warned. Appellant No.2, allegedly, asked the deceased as to why he had been giving trouble to them whereupon a quarrel ensued. He was assaulted on his leg and on the back of his chest. They, along with accused No.3, as also the wife of Appellant No.2 accused No.4 were tried jointly for alleged companymission of murder of one Shanmugam under Section 302 of the Indian Penal Code read with Section 34 thereof. Accused No.3 surrendered before the Court on the same day. 4 was that as the deceased attempted to stab him with a pichuva knife, he picked up a stick, which was lying nearby and assaulted him. Apart from the injured witnesses P.Ws.l and 2 and W.3 , an employee of a power loom factory belonging to the P.W.I, was also present there and witnessed the occurrence. They came to the bus stop as the deceased and P.W.2 wanted to catch a bus for going to Velayuthampalayam. 1, 2 and 3 were arrested on 8.7.1994. After the assault, allegedly, a lady shopkeeper and some others interfered and separated the parties. 2 herein, admittedly, wrote a letter to the Superintendent of Police on 8.7.1994, a companyy whereof was sent to the Inspector of the Police Station, P. W. 15. Accused No.4 has been companyvicted only under Section 324 of the Indian Penal Code. Appellants herein were accused Nos.2 and 3 before the learned Trial Judge. He was number in a position to say who had assaulted the lady. 1 was allotted another ancestral house and some lands towards his share. R W. 1 came along with the wife of the deceased. 1 a companytusion on her right hand ankle, 2 a companytusion on her right leg knee and 3 companytusion measuring 3 cm x 7 cm on the left side of her hip and that he has given a wound certificate which is marked as Ex. 1, P.W. The deceased was taken to the hospital by the P.Ws. In the meantime, the Inspector of Police, P.W.15 started investigation. Appellants are said to have erected a wall and, thus, effectively prevented him from entering into the house through the main door. According to him, the Investigating Officer was harassing them and had number been investigating the case properly, as they had been picked up by the police, although they were number at fault. Evidently he also came there to lodge a companyplaint. 1 and 2. P.W. 1 herein with a view to create a defence. They came to measure the property. A partition took place as regards their residential house. The defence, however, was number accepted by the companyrts below, on the premise that the same was by way of an.after thought. They were asked to see the Village Administrative Officer by P.Ws. A Village Administrative Officer P.W.9 and the Surveyor P.W.10 were appointed for the said purpose. In his deposition, P. W. 15 admitted to have received the said letter. He, apart from examining Ws. Accordingly, the parties went to the office of W.9 at 5 p.m. on 5.7.94. In its judgment, the High Court opined that the letter must have been dispatched on 11.7.1994, after the arrest of Appellant No. The incident took place on 5.7.1994 at about 6.00 p.m. He also left the place. 1. 2 and 3 are before us. She also fell down. The parties were members of a joint family. Appellant No. He did number numberice whether the brother viz. B. Sinha. 9 and 10. Leave granted. J.

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2006_578.txt

the innocence of the accused. The prosecution tried to establish the following facts before the Trial Court Motive in order to satisfy the lust, The recovery of underwear of the deceased as also the underwear of the accused was made at the instance of the accused in his own house, Human blood was found on the underwear of the accused, The accused came to the house of the deceased at 11.00pm on 18.05.2004 under the pretext of a Bidi but was turned back by the mother of the deceased. But this doctor failed to identify the accused before the Court. The burden to prove this fact is on the prosecution and number on the accused. The prosecution also tried to impute bad character upon the accused. PW24 the doctor who examined the accused, deposed that he examined one Narendra S o Ram Babu. On the basis of the statement of the witnesses, accused Narendra Bode Singh Patel was arrested who admitted his guilt and at his instance, blood stained underwears of the deceased as also the accused were recovered from a pitcher kept behind his house. Accused made an attempt to rape the daughter of one Kallu Prajapati of Village Golhata prior to the incident, In the morning of 19.05.2004 the accused was number found in the village, Accused was seen around the place of incident at night within close proximate time when the incident occurred, Accused failed to give reasonable explanation about the injuries suffered by him. The prosecution also failed to produce any evidence in order to prove that the name of the father of the accused is Ram Babu. The High Court by the impugned judgment allowed the appeal filed by the accused on the ground that the prosecution failed to prove the chain of circumstances sufficient enough to companynect the accused with the alleged offence and, companysequently, the respondent accused was set at liberty. Previous acts of the accused to make the deceased sit in his lap and to kiss her for which he was rebuked by the deceaseds father reveals his ill intentions. The accused also filed an appeal before the High Court, being Criminal Appeal No.11 of 2008. The Trial Court companyvicted the accused respondent on the basis of the prosecution story relying upon the circumstantial evidence. Further, it is number adequately established as to for how long the wife of the accused was number living with him. She was number wearing underwear and skirt. An earlier instance of attempt to rape by the accused, as deposed by the mother of the prosecutrix PW4 , Savitri, aunt of the deceased PW5 and Rajendra Kumar Sen, brother of the deceased PW6 , is number established at any stage of the trial. After investigation was companyplete, Police filed challan before the Court against accused Narendra and the case was companymitted to the Sessions Court for trial. As per the medical examination, the accused had certain abrasions on his wrists and ankles and also some injuries on private part. The charges were read over and explained to the accused to which he pleaded number guilty and claimed for trial. The Trial Court held that the above facts proved the prosecution case beyond reasonable doubt and hence the accused was companyvicted for the offence charged. on 19.05.2004 at 6.00 A.M., the wife of Sarpanch Vansbahadur informed that the dead body of Anita was lying in Bari near the house of the Sarpanch. After companysidering the material on record and hearing the companynsel for the accused, charges were framed against accused Narendra for offence punishable under Sections 302, 376 2 f and 201 of the Indian Penal Code, 1873 IPC for short . The same fact was deposed by Lalli Bai, mother of the prosecutrix PW4 . The case of the prosecution, stated briefly, is that on 19.05.2004 at 8.30 A.M., the companyplainant Ram Sunder Sen lodged a report at Police Chowki Kotar stating that there was a function in his house on 18.05.2004 in which his relatives and family members had gathered. Aggrieved by the judgment of acquittal passed by the High Court of Madhya Pradesh, the companyplainant, who is the father of the deceased, has approached this Court by filing Criminal Appeal Nos.1793 1794 of 2011. Blood was oozing out of private part, cut on the face and ankles of both the legs. There were abrasions on her forehead, numbere and face. However, the High Court pointed out serious lacunae in the above mentioned evidences and hence the companyviction order was set aside by the High Court giving benefit of doubt to the accused. These appeals, by special leave, are directed against the judgment and order dated 23.07.2008, passed by the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No.11 of 2008 along with Criminal Reference No.4 of 2007, whereby the High Court allowed the criminal appeal filed by the respondent herein and acquitted him and disposed of the Criminal Reference No.4 of 2007 filed by the State of Madhya Pradesh. Thereafter, the matter was referred to the High Court of Madhya Pradesh for companyfirmation of death sentence vide Criminal Reference No.4 of 2007. His daughter Anita, aged about 12 years, after eating meal, had gone to sleep at 7.00 P.M. in front of the main gate of his house as there was numberelectricity in the house then. The State of Madhya Pradesh has also challenged before us the judgment of acquittal passed by the High Court vide Criminal Appeal Nos.1795 1796 of 2011. Abrasions were also found on the neck as well as nearby navel region. After the function was over, at about 11.00 P.M., he and his family members also slept there. Learned companynsel for the companyplainant appellant has inter alia submitted that the judgment of the Trial Court is well reasoned and well companysidered. The law is well settled in deciding a case based upon circumstantial evidences. Both the companynsel for the companyplainant appellant and companynsel for the State have assailed the reasoning given by the High Court in arriving at a wrong companyclusion i.e. Pinaki Chandra Ghose, J. The Trial Court accepted the said argument. FIR against an unknown person was lodged, the dead body was sent for post mortem and investigation was thrown open. Next morning i.e. The Investigating Officer recorded the statements of the witnesses.

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2015_691.txt

The appellant had passed Maha Vidushi examination companyducted by Mahila Gram Vidyapith, Prayag, Allahabad in 1985. It is the companytention of the respondents that the 2nd respondent Board has never recognised the qualification of Maha Vidushi granted by the Mahila Gram Vidyapith, Prayag, Allahabad for appearance in the Senior Secondary School Certificate Examination companyducted by the Board. In the year 1993, she applied to the Board of Secondary Education, Ajmer, Rajasthan for permission to appear in the Senior Secondary School Examination twelfth standard examination companyducted by it. Therefore, in 1993 this qualification does number make the appellant eligible for admission to the twelfth standard examination companyducted by the 2nd respondent Board. At numberpoint of time the qualification she possesses was recognised by the 2nd respondent Board. Her examination form has been rejected. She failed in the first year examination. She was admitted in July 1986 to the first year of the three years degree companyrse Arts of the University of Rajasthan as it was then permissible to join the University degree companyrse after passing the eleventh standard examination. She has sought this admission for the first time in 1993. Thereafter she discontinued her studies. Leave granted.

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1997_843.txt

Hayatkhan and Goverdhandas were present there. I had also told him that Souda of the house of Dagdoo was made. He denied that Hemraj or Chhajulal ever came to the shop of Goverdhandas to inform about the Souda. Kanhaiylal never told me anything about the Souda Chitthi of the plaintiff. He never talked about the Souda Chitthi executed in favour of the plaintiff. Hemraj Seth said to Goverdhandas bhai that Souda Chitthi in companynection with the house was executed and he asked him number to visit D lgdoo. After scribing Souda chitthi all of us went to Vakil Saheb for showing Souda Chitthi for going to the house of Vakil Saheb we people crossed the road which is to the front side of the shop and reached the shop of Hayat Khan. He deposed I had numberknowledge about the Souda Chitthi of the plaintiff at the time of executing the sale deed or prior to that. Goverdhandas had companye to my shop before he came Hemraj Seth sic . He stated that they had numberknowledge at the time of sale deed or prior to that Dagdoo had made Souda of the same house with the plaintiff. Thereupon I replied that Souda of the house of Dagdooji was made. The house of Vakil Saheb is in front of my shop. 1 for the plaintiff, as follows Souda chitthi was scribed by Shrikrishna Munshi who is Munshi to Mohammed Hussain Vakil. Hussain Vakil Saheb. He denied that he ever got the house measured or that Kanhaiyalal told him anything in companynection with the Souda of the house. The house of Vakil Saheb is adjacent to the house of Hayatkhan and he resides on the upper storey. In the meantime Hemraj Chouhan, Krishan Mishrlal and Dagdoo bai all these came to my shop from Chouhan Stores. He stated that all tins talk took place at the shop of Goverdhandas. I have numberquarrel with Chhajulal, Hayatkhan and Kanhaiyalal. I had learnt that Goverdhandas also was to purchase this house and he was roaming about since the morning. After this talk Hemraj and his companypanion went to the house of Mohd. 10,000/ , were to be sold, one to him and the other to Goverdhandas. He also stated that he knew Dagdoo since childhood and passed daily by Dagdoos house and Chouhan Store. He also stated that the measurements mentioned in the sale deed were written from the gift deed that was with Dagdoo and that he had read the gift deed but did number know its year or date. Chajulal never came to me or my shop. According to the plaintiff, Seth Goverdhandas, appellant, had express numberice of the agreement dated March 1, 1960 Ext. Hayatkhan questioned as to why he was accompanied with so many persons ? 2 hereinafter referred to as the vendor and Dr. Govinddas and Seth Goverdhandas, defendants appellants before us, who had purchased the said property. The version on behalf of the plaintiff is given by plaintiffs husband, Hemraj Singh Chauhan, witness No. I did number take any measurement of the house. I do number remember the year of the gift deed. He asked me my mother to make signature on the sale deed. He further deposed I did number examine the length and breadth mentioned in the gift deed. The value of house was fixed at Rs. 1 hereinafter referred to as the plaintiff brought a suit for the specific performance of an agreement dated March 1, 1960, to sell the property in suit situate at Bombay Bazar, Khandwa, executed by Dagdoo, respondent No. In the month of March or April, in the last summer season Goverdhan Das was sitting at my shop at about 10 or 10 13 a.m. Ballabhdas, witness No. Two sale deeds dated 17 3 60 shown . They both bear my signature and the thumb impression of my mother. 2 for the appellants, is the brother of Govinddas. Shrimati Shantibai, respondent No. On the very day I went with my mother and settled by putting everything on paper. P 1 on the very day when the agreement was entered into. 15,000/ and the other for Rs. M. Sikri, C.J. In cross examination he stated that the statements of all the witnesses in this case were recorded in his presence. The Trial Court dismissed the suit but the High Court allowed the appeal and decreed the suit. Having obtained certificate of fitness from the High Court, the appellants have filed this appeal before us.

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1972_19.txt

Nalini are the other sisters of Ravi PW1 . Deceased Saroja and Smt. After the death of her parents the deceased started residing in the house of her sister Nalini. The witness was related both to the accused and the deceased. In the same knife that day my uncle pierced my Ammaye this was marked as Ex. While deceased was residing in the house of her sister Nalini, the accused took her to his house where they developed intimacy as a result of which a male child was born to the deceased. After the birth of the child differences arose between the appellant and the deceased. Immediately the child Bhavya PW2 rushed to the house and informed her parents about the occurrence specifically mentioning that the appellant had stabbed the deceased. On that day, my uncle Saryanarayana sitting in the companyrt pierced with knife to stomach and neck to my ammaye. Shardamma PW3 is the sister of PW1 and wife of the appellant. In her cross examination the witness stated that before the date of occurrence the deceased was living with her witness parents. On 22nd September, 1993 the deceased accompanied by Bhavya PW2 , the female child of Ravi PW1 , who was about four years of age, went to the village tank in the afternoon for washing the clothes. She denied the suggestion that my uncle did number pierce my aunt with the knife. It is to be numbericed that Shardamma, sister of the deceased who was initially cited as a prosecution appeared as Defence witness DW1 besides appellant DW2 himself. Unable to bear the cruelty of the appellant, the deceased left the residence of the appellant 8 days prior to her death and started living in the house of his brother Ravi PW1 . For some time she also resided with her brother Ravi PW1 . Krishnappa PW 14 prepared the inquest mahazar on the dead body of the deceased and in that process recorded the statement of Bhavya PW2 . Relying upon the testimony of PW2 it has been held that the appellant had inflicted the fatal blows on the body of the deceased which resulted in her death. Relying upon the defence evidence led in the case it has been argued that as the relationship between the deceased and his wife were companydial, there was numbercause or occasion for the appellant to develop intimacy with the deceased and on alleged breaking of the relationship cause her death. LITTTTTTJ SETHI, J. Ms.Saroja, deceased had developed intimacy and extra marital relations with the appellant, as a result of which she gave birth to a male child. The appellant started suspecting the deceased of having illegal companynections with other persons. On the companyplaint of Ravi PW1 FIR was registered against the appellant and investigation companymenced. It is number companyrect that I have number seen the knife in the hands of my uncle. If the knife is shown I can identify a white cloth bag sealed was opened , I have seen a knife number. While she was washing clothes, the appellant came and stabbed Saroja with knife inflicting injuries on her neck, chest and other parts of the body causing severe bleeding resulting in her death. My ammaye while running after injuries fell down, I screamed. Both the companyrts below have companycurrently held that deceased Saroja met with homicidal death on 22nd September, 1993 at about 2.00 p.m. near Keremane water tank of Village Kanoor. The relationship of the witnesses and the illicit relations between the appellant and the deceased have number seriously been disputed by the learned companynsel who appeared on behalf of the appellant as Amicus Curaie. In companysequence of the disclosure statement made by the appellant, the knife MO1 , shirt MO5 , Lungi MO6 and Towel MO7 were recovered at the instance of the accused from his house. The evidence of the child witness cannot be rejected per se, but the companyrt, as a rule of prudence, is required to companysider such evidence with close scrutiny and only on being companyvinced about the quality of the statements and its reliability, base companyviction by accepting the statement of the child witness. She has, however, stated that it would number be safe to base companyviction on the sole testimony of the child witness. Immediately I ran and told my father and mother that uncle killed the aunt. The prosecution examined 16 witnesses. She was subjected to cruelty and harassment. During the companyrse of the investigation the appellant made voluntary statement Exhibit P13. She is stated to have made the deposition in Malyalam which was translated to the Investigating Officer in Kannada. Nothing favouring the defence companyld be extracted out of her in the cross examination. She has also pointed out to certain discrepancies in the depositions of the said witness to impress upon us that the prosecution has number proved the case against the appellant beyond all reasonable doubt. P 0I on that day police asked me as to what happened, I have told every thing to police. In default of the payment of the fine the appellant was directed to undergo further imprisonment of 30 days. Upon the companyclusion of the trial the Sessions Judge found the appellant guilty of the companymission of offence under Section 302 IPC and sentenced him to undergo imprisonment for life besides paying a fine of Rs.1000/ . Hence she suffered injuries and her entire body companyered with blood. The Tehsildar P.H. After companypletion of the investigation a charge sheet was submitted before the Judicial Magistrate who companymitted the accused to the Sessions Court for standing trial for offences under Section 302 of the IPC. The appeal filed by the appellant was dismissed by the High Court vide the judgment impugned in this appeal by special leave.

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2000_1017.txt

the applicants are four brothers holding land in village banat tahsil kairana district muzaffarnagar. 32 of the companystitution challenges the companystitutionality of the p. companysolidation of holdings act u. p. v of 1954 as amended by u. p. acts number xxvi of 1954 number xiii of 1955 number xx of 1955 number xxiv of 1956 and number xvi of 1957 hereinafter called the act . a numberification was issued under s. 4 of the act in respect of 223 villages in tahsil kairana declaring that the state government had decided to make a scheme of companysolidation in that area. misra advocate general for the state of u. p. and gopi nath dixit for the respondent. the petitioners challenge the companystitutionality of the act on various grounds of which the following five have been urged before us section 6 read with s. 4 of the act gives arbitrary powers to the state government to accord discriminatory treatment to tenure holders in different villages by placing some villages under companysolidation while excluding others thus offending art. objections to these proposals were filed by the petitioners and others which were decided in april 1956. the petitioners went in appeal to the settlement officer companysolidation which was decided in august 1957. it was thereafter that the present petition was filed in this court. original jurisdiction writ petition number 119 of 1957. achhru ram j. p. goyal and k. l. mehta for the petitioners. n. sanyal additional solicitor general of india k.l. december 17. the judgment of the companyrt was delivered by wanchoo j. this petition under art.

test

1958_71.txt

A statement was recorded from Sitaram Somani. Shri Om Prakash had also retracted from his companyfessional statement by making an application on 18.1.1985. f g The petitioner says that the above material being very relevant and material which would have influenced the mind of the detaining authority one way or the other has been suppressed from the detaining authority. The petitioner has number suggested any material in the said documents which was over and above and very material relevant for the purpose of companysideration for the detaining authority. The petitioner says that the following relevant facts which would have weighed the satisfaction of the detaining authority one way or the other and influenced the mind of the detaining authority have been purposely withheld and suppressed from the detaining authority thus vitiating the satisfaction a That the petitioner in his bail applications Annexure A B had retracted from the companyfessional statement and had denied any recovery of gold, foreign currency from his premises. The bail applications were number material to be placed before the detaining authorityThe representation dated 18.1.1985 of Shri Om Prakash Soni addressed to the Collector, Customs and its reply dated 16.2.1985 from the office of the Collector, Customs, Jaipur were number companysidered relevant to be placed before the detaining authority. That was number done and there was, therefore, a clear number application of mind by the detaining authority to relevant material. It was the detaining authority that had to companysider the relevant material before taking a decision whether it was necessary to detain the appellant under the COFEPOSA. Without that the petitioner cannot take any advantage on the sameThe bail application can never be said to be material document for the purpose of companysideration of the detaining authority when the representations were already companysidered. From what has been stated in the companynter filed by the Union of India and the two companynters filed by the State of Rajasthan, it appears to be clear to us that the documents mentioned by the appellant in his petition were number placed before the detaining authority and, therefore, were number companysidered by the detaining authority. It appears that thereafter the detaining authority, that is, the chief Minister of Rajasthan passed orders on May 29, 1985. On behalf of the Union of India, who was the second respondent before the High Court, a companynter affidavit was filed in which it was stated It is number denied that the bail application moved by the petitioner was number submitted before the detaining authority but it is denied that they were number placed before the detaining authority purposefully with a view to suppress. One of the principal points taken in the High Court and repeated before us was that there was numberapplication of mind by the detaining authority as certain vital facts were number brought to the attention of the detaining authority and were, therefore, number taken into companysideration by that authority. The petitioner had retracted from the statement by making an application to the Collector of Customs on 19.1.1985. Sitaram Somani and Om Parkash were arrested and produced before the Additional Chief Judicial Magistrate on 2nd January, 1985. Sitaram Somani has also filed criminal writ petition No. He had retracted from his companyfessional statement and also his association with the petitioner. Sitaram Somani moved the High Court of Rajasthan under Article 226 of the Constitution for the issue of a writ of habeas companypus. Bail was refused by the Magistrate. Shri Om Prakash had also moved bail application in the companyrt of Addl. In the second companynter, it was claimed that the Screening Committee companysisting of the Law Secretary, the Director General and the Inspector General of Police and the Collector of Customs met on April 4, 1985 and companysidered the question of detaining the appellant under the COFEPOSA. Earlier, on 1st January, 1985, the officers of the Customs Department recovered eight foreign gold biscuits from Om Parkash soni and immediately thereafter searched the residence of Sitaram Somani and recovered thirty six foreign gold biscuits from a steel case in an almirah in the house. At that time, it was said All matters pertaining to companyfessional statements, retraction of companyfessional statements, bail applications, companyrts orders and all other records were placed before the Screening Committee by the Customs Department. SItaram Somani is under detention pursuant to an order dated June 4, 1985 made by the State of Rajasthan under Section 3 1 of the Conservation of Foreign Exchange and Prevention of smuggling Activities Act, 1974. The passports of the accused had already been seized by the Customs Department. On behalf of the State of Rajasthan, two companynter affidavits were filed. The accused were at large from January 19, 1985 till June 4, 1985 when they were arrested under the provisions of the COFEPOSA. It appears from the companynter that thereafter the papers were processed by the Deputy Secretary to the Government of Rajasthan, Shri Pagoria, who stated in the affidavit Before passing the detention order, the whole record of the Customs Department was called companysidered by me at the time of processing on 21.5.1985. Later it was said in the same affidavit Moreover the documents enumerated in these paras were number companysidered and were number material. However, all these documents were also companysidered at the time of companyfirming the detention order on 14th August, 1985. But thereafter on applications made by the two accused persons, the High Court of Rajasthan granted bail to both of them subject to certain companyditions. 1475 of 1985 in this Court under Article 32 of the Constitution. In the first one, it was stated The documents referred to by the petitioner in this para are number relevant. 12,100 US dollars were also recovered. The ground raised by the appellant in the High Court in his own words is as follows That there has been number application of mind in passing the detention order. Chief Judicial Magistrate, Session Court and High Court. The application was rejected by the High Court and the present appeal is directed against the judgment of the High Court refusing to issue a writ of habeas companypus. One of the companyditions was that the two accused should number leave India without the permission of the learned Sessions Judge. Chinnappa Reddy, J. The appeal and the writ petition have been beared together. Special leave granted.

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1986_23.txt

2,83,987/ from the defendants. Secondly, the defendant can always go to the companyrt which passed the decree and move under Rule 4 of Order XXXVII of the Code to reopen the decree. The said suit was filed in terms of Order XXXVII of the Code of Civil Procedure Code . Accordingly, suit of the plaintiff is hereby decreed with companyt plaintiff is entitled for a decree to recover a sum of Rs. The learned Civil Judge refused to do so by an order dated 27.05.2005 opining I am companyvinced with the plaintiffs companytention that the defence as disclosed by defendant in their application is sham and illusory and in my companysidered opinion, the defendants are number entitled for leave to defend the present suit and the plaintiff is entitled to have the judgment signed. The respondents filed an application purported to be under Order XXXVII, Rule 3 5 of the Code praying for grant of leave to defend the said suit. Accordingly, the application under Order 37, Rule 3 5 CPC of the defendants is devoid of any merits. Since the application under Order 37, Rule 3 5 CPC of the defendants has been dismissed as the defendants failed to raise any triable issue or disclose any defence in their application, in my companysidered opinion, the plaintiff has become entitled to have the judgment signed. The defendant in such a case can also be left to appeal against the decree and therein challenge the order refusing leave to defend in terms of Section 105 1 of the Code. Appellant herein filed a suit which was marked as Suit No. It has still to be set aside either by resort to Order XXXVII Rule 4 or by way of an appeal, or by some other mode known to law. Application is disposed of accordingly. 2,93,987/ with interest on account of dishonoured cheques. The theory of dependant order may number apply in a case of this nature because even if this Court were to set aside the order refusing leave to defend, the decree subsequently passed may number fall by itself. 303 of 2004 for recovery of a sum of Rs. On the said date itself, a final judgment and decree was passed for a sum of Rs. Ltd., AIR 2004 Delhi 219. However, since the plaintiff has failed to establish his claim of interest 18 per annum which he has claimed is the market rate for companymercial transaction, I am inclined to award the interst at the prevailing rate only which is 12 per annum on the decretal amount from the date of institution of the present suit till realization. This appeal is directed against a judgment and order dated 30.01.2006 passed by a learned Single Judge of the High Court of Delhi whereby and whereunder an application filed under Article 227 of the Constitution of India filed by the respondents herein against a judgment and order dated 27.05.2005 passed by a learned Civil Judge, Karkardooma, Delhi was allowed. When an appeal companyld be filed, ordinarily, an application under Article 227 of the Constitution of India would number be entertained. v. D.C.M. A companytentious issue, viz., maintainability of writ petition without challenging the decree has been raised. 10166/2006 B. Sinha, J. The same is hereby dismissed. The appellant is, thus, before us. Arising out of SLP C No. Leave granted.

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The appellant was informed that the Selection Committee had companysidered his name for inclusion in the list of persons companysidered suitable for appointment to the H.C.s. Executive Branch from Register A 1 for the vacancies which occurred in the year 1980 and 1982 as also for the special recruitment to the H.C.S. Since your name has number been included in the list of persons companysidered suitable for appointment to the HCS Executive Branch , you can number be companysidered for appointment to the HCS Executive Branch against the vacancies of Registrar A 1 for the years 1980, 1982 and special recruitment for the year 1983. Executive Branch without taking into account the expunged adverse remarks. Executive Branch held in 1983, without taking into account the adverse expunged remarks. Petitioner had only a right of Consideration and his name was duly companysidered by the Committee. The lists prepared by the Committee were sent to be Commission for recommending in order of merit and equal to the number of vacancies the most suitable candidates entered in the list of being selected as candidates for entry into Register A 1. The Government placed the record before this Court to know that the case of the petitioner was duly companysidered against the vacancies that occurred during the years 1980, 1982 and 1983 and that his name companyld number be included in the list prepared by the Committee. He was number companysidered suitable by the Committee and thus his name companyld number be sent to the Commission. The Division Bench agreed with the learned Single judge and recorded a finding that companysequent upon the expunction of the adverse remarks, the Selection Committee had companysidered the case of the appellant for inclusion of his name in the list prepared for the vacancies relating to the relevant years 1980, 1982 and 1983 and after due companysideration he was number found suitable. It is number the case of the petitioner that names of all the eligible candidates were to be sent to the companymission for selection. In the companyrse of the judgment the learned Single Judge referred to Rule 7 of the Punjab Civil Service Executive Branch Rules, 1930 as amended and applied to the State of Haryana as well as to a companyparative chart of the service record of the appellant and those who were selected to the Haryana Civil Service Executive Branch in the years 1980, 1982 and 1983. Rule 7 of the Rules specifically provides that the Committee shall prepare a list of eligible candidates equal to twice the number of vacancies available and this is precisely that was done by the Committee. Executive Branch against the vacancies for the said years but that The Selection Committee in its meeting held on 16 12 1992 has found the record of other persons whose names had been included in the lists, already prepared on 13 12 1982, 17 3 1987 and 24 2 1988, better than yours and has decided number to include your name in the said lists. 6977/93 in the High Court of Punjab and Haryana alleging that his name had been wrongly excluded from companysideration for appointment to the Haryana Civil Service for the years 1980, 1982 and 1983. The learned Single Judge observed Learned companynsel for the petitioner companyld number refer to any material on the record to show that the service record of the petitioner was better than that of the persons who hadbeen included in the list prepared by the companymittee and sent to the companymission for Recommending in order of merit, Case of the petitioner was companysidered in terms of the Rules ibid but his service record was number found better than that of the candidates recommended to the Commission for selection. The Bench rightly held that the appellant had only a right of companysideration and since his name was duly companysidered by the High Powered Committee and he was number found suitable, he companyld number make any grievance against his number selection. A Bench of this Court granted leave and by an order dated 12.10.92 directed companysideration of the appellants name for promotion to H.C.S. The appellant questioned the adverse remarks and sought their expunction by filing a writ petition in the High Court in 1987. The High Court on 2nd May, 1990 directed the expunction of the adverse entries in the Annual Confidential Report of the appellant. It appears that certain adverse remarks came to be recorded in his Annual Confidential Reports for the years 1978 79, 1981 82, 1982 83 and 1984 85. After the judgment by this Court rendered in Civil Appeal No.4249/92 on 12th october, 1992 the case of the appellant was taken up for companysideration by the State Government and vide companymunication dated 28th December, 1992 from the Chief Secretary, Government of Haryana, Chandigarh to the appellant, he was informed that the matter had been placed before the selection companymittee companystituted under Rule 7 1 of the Punjab Civil Service Executive Branch Rules, 1930 for companysidering his name for recruitment to the H.C.S. March 15, 1982. He was accepted as a Tehsildar candidate w.e.f. 4249/92 . The High Court also set aside the orders passed by the companypetent authorities against refusal to expunge the adverse entries. Emphasis ours A Letters Patent Appeal filed against the judgment of the learned single Judge was dismissed on 7th September, 1984. As a companysequence, the order of companypulsory retirement made on 29.9.93 did number survive. The learned Single Judge of the High Court vide judgment dated 25th July, 1984 dismissed the writ petition. While this appeal was pending in this Court learned companynsel for the State informed the Court that the petitioner had been retired companypulsorily in 1993 vide order dated 29th September, 1993 and, therefore, his appeal had been rendered infructuous. 104/92 C.A. As a companysequence of the judgment of the High Court dated 2nd May, 1990, the appellant was promoted as a District Revenue Officer on September 29, 1991 w.e.f. The State, thereafter, decided number to file any special leave petition against the order of the Division Bench dismissing Letters Patent Appeal on 23rd of July, 1997. The appellant had filed the special leave petition in person. September 13, 1974 and allowed the benefit of military service for the purposes of seniority and was assigned the deemed date of May 27, 1973. The appellant thereafter filed Civil Writ Petition No. Aggrieved by the judgment of the Division Bench, the present special leave petition has been filed. The appellant, however, was number satisfied with the orders made pursuant to the judgment of the High Court and he, therefore, filed a special leave petition in this Court being S.L.P. The appellant is an Ex Serviceman. Various grounds were taken in support of the writ petition. The respondents were directed to grant companysequential relief to the appellant. Leave granted. C No. No.

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the appellant stated there that the mineral which she intended to mine was limestone for burning as a minumber mineral. the application was there fore clearly and avowedly an application for renewal of the quarry lease which was subsisting in favour of the appellant and number an application for a fresh lease. even though the last mentioned quarry lease granted to the appellant did number companytain an option of renewal the appellant made an application dated 19th june 1970 to the state government for renewal of.the quarry lease which was due to expire on 20th june 1971. this application was in form i annexed to the rules and against companyumn 5 of paragraph 3 which required an applicant to state whether the application was for a fresh lease or for a renewal of a lease previously granted the appellant stated that the application was for renewal of quarry lease. number the main part of rule 22 provided that where a quarry lease is granted a lease deed in form v shall be executed within three months of the order sanctioning the lease and if numbersuch lease is executed within that period the order sanctioning the lease shall be deemed to have been revoked. before the period of the quarry lease was due to expire the appellant applied for renewal in accordance with the provisions of the rules and in the application for renewal against companyumn 6 of paragraph 3 the appellant described the mineral which she intended to mine as limestone for burning. the result was that with effect from 20th september 1961 only limestone used in kiln for manufacture of lime used for building material remained a minumber mineral while limestone used for burning for manufacture of lime for other purposes ceased to be a minumber mineral and became a major mineral. rule 28 against the deemed refusal of her application for grant of a fresh lease. the madhya pradesh government in exercise of the power companyferred under section 15 made the madhya pradesh minumber minerals rules 1961 for regulating the grant of quarry lease in respect of minumber minerals and for purposes companynected therewith. this application was number disposed of by the state government before the expiry of the quarry lease and it was therefore deemed to have been refused on 20th june 1971. the appellant thereupon filed an application for review on 1st july 1971 under rule 28. number sometime after the application for renewal of the quarry lease was made by the appellant respondent number 5 made an application dated 11th september 1970 for grant of a quarry lease in respect of the same area. the additional collector purporting to exercise this power as a delegate of the state government extended the time for the execution of the lease deed and within such extended time a quarry lease. the quarry lease in favour of respondent number 5 should therefore have been executed within three months of the order dated 19th may 1972 sanctioning grant of lease to him. pursuant to this order a quarry lease was granted by the state government in favour of the appellant for quarrying limestone for burning for a period of five years from 21st june 1966 to 20th june 1971. this quarry lease was also in form v annexed to the rules but it did riot companytain clause 15 giving an option of renewal to the appellant. the original numberification dated 1st june 1958 described limestone used for lime burning as a minumber mineral but by the amending numberification dated 20th september 1961 only limestone used in kilns for manufacture of lime used as building material was regarded as a minumber mineral. this application for renewal was number disposed of by the state government before the expiry of the quarry lease and it was therefore deemed to have been refused under rule 8 3 . the appellant thereupon made an application for review under rule 28 and the state government by an order dated 24th december 1966 made in exercise of the power companyferred under rule 29 sanctioned renewal of the quarry lease to the appellant. the appellant companytended that the additional companylector had no power to extend the time for the execution of the quarry lease as numbersuch power had been delegated to him by the state government and in any event numberextension of time could be granted after the prescribed period of three months had expired and the order dated 19th may 1972 sanctioning grant of lease in favour of respondent number 5 must therefore be deemed to have been revoked and the quarry lease must be held to be null and void and an order should be made sanctioning grant of quarry lease in favour of the applicant. the judgment of the companyrt was delivered by bhagwati j. the mines minerals regulation development act 1957 hereinafter referred to as the act divides minerals into two classes namely minumber minerals and minerals other than minumber minerals which may for the sake of brevity be referred to as major minerals. but before that the two applications for review one made by the appellant on 1st july 1971 and the other made by respondent number 5 on 11th september 1971 were disposed of by the deputy secretary exercising the power of the state government by an order dated 19th may 1972. the deputy secretary by the order dated 19th may 1972 rejected the application for review made by the appellant on the ground that limestone for burning for which the quarry lease was granted to the appellant was a major mineral after the issue of the numberification dated 20th september 1961 and hence the quarry lease granted by the stale government under the rules was null and void and numberrenewal companyld be granted of such a null and void lease and moreover the application for renewal made by the appellant was also number proper as it was an application for mining limestone for burning which was a major mineral. the appellant was a lessee under a quarry lease of 25.32 acres of land situate in village badari tehsil kurwara district jabalpur granted to her by the state government for quarrying limestone for burning for a period of five years from 21st june 1961 to 20th june 1966. this quarry lease was granted under the madhya pradesh minumber minerals rules 1961 hereinafter referred to as the rules and it was in form v annexed to the rules and companytained clause 15 giving an option of renewal to the appellant for a further term of five years. the deputy secretary exercising the power of the state government by an order dated 29th may 1973 agreed with the companytention of the appellant that the power of the state government number having been delegated to him the additional companylector had numberpower to extend the time for the execution of the quarry lease or to execute the quarry lease on behalf of the state government but taking the view that respondent number 5 was number responsible for the delay in the execution of the lease deed within the prescribed period of three months the deputy secretary extended the time for the execution of the quarry lease upto 29th august 1973 in exercise of the power of the state government under the proviso to rule 22. both the application of the appellant one for review against the deemed refusal of her application for grant of a fresh lease and the other for revision of the order of the additional companylector under rule 32b were accordingly rejected by the deputy secretary. this application was also in form i annexed to the rules and against companyumn 6 of paragraph 3 it was stated that the mineral which the applicant intended to mine was limestone used in kilns for manufacture of lime used as building material. unfortunately however without any fault on the part of respondent number 5. the quarry lease companyld number be executed within the stipulated period of three months the order dated 19th may 1972 sanctioning lease in favour or respondent number 5 would therefore have stood revoked under the main part of rule 22. but the proviso to that rule companyferred power on the state government to permit the execution of the lease deed after the expiry of the period of three months if it was satisfied that the applicant for the lease was number responsible for the delay in the execution of the lease deed. this numberification was subsequently amended by the central government by a further numberification dated 20th september 1961 and the words limestone used in kilns for manufacture of lime used as building material were substituted for the words limestone used for lime burning. this application in companyumn 6 of paragraph 3 gave a full des cription of the mineral which the appellant intended to mine namely limestone used in kilns for manufacture of lime for use as building material. companylector in favour of respondent number 5. the appellant therefore added respondent number 5 as a party respondent in her application for review and also filed an application for revision under rule 32b against the order of the additional companylector granting extension of time and executing the quarry lease. mean building stores gravel ordinary clay ordinary sand other than sand used for prescribed purposes and any other mineral which the central government may by numberification in the official gazette declare to be a minumber mineral. the deputy secretary also by the same order allowed the application for review made by respondent number 5 and sanctioned grant of a lease to him as the area had become available for grant and according to the deputy secretary there was numberother valid application for this area. the state government failed to dispose of this application within one year from the date of its receipt and therefore under rule 8 2 it was deemed to have been refused on 10th september 1971. respondent number 5 too had in the circumstances numberchoice but to file an application for reviewunder rule 28 on 11th september 1971. it appears that after the appellant had made the application for renewal she felt that there might be some difficulty so far as that application was companycerned and therefore with a view to err on the safe side she made anumberher application for grant of a fresh lease on 21st june 1971 immediately after the expiration of the subsisting lease. the appellant companyld have raised this contention in the application for review preferred by her against the deemed refusal of her application for grant of a fresh lease and even if it was number raised at that stage the appellant had anumberher opportunity to raise it and that was in either of the two petitions filed by her in the high court. the state government failed to dispose of this application also within one year from the date of its receipt and it was thereforeby reason of rule 8 2 deemed to have been refused on 20th june 1972. the appellant thereupon preferred an application for review under. number 612 13/74 . number 612/74. then again what was stated by the appellant against companyumn 6 of paragraph 3 is very material. number 612/74 and respondents number. the appellant being aggrieved by the order made by the deputy secretary preferred a petition in the high companyrt of madhya pradesh under articles 226 and 227 of the constitution challenging the validity of that order on certain grounds. the appellant thereupon preferred a petition in the high companyrt of madhya pradesh under articles 226 and 227 of the companystitution challenging the validity of the order of the deputy secretary but the high companyrt negatived the challenge and dismissed the petition. s. dabir v. s. dabir n. m. ghatate and s. balakrishnan for respondent number 5 in both the appeals . the appellant thereupon preferred civil appeal number 612 of 1974 after obtaining special leave from this companyrt. s. krishnamurthy p. v. lale and s. s. khanduja and sushil kumarfor the appellant in c.a. 612 613 of 1974. appeals by special leave from the judgment and order dated the 5th may 1973 and 27th february 1974 of the madhya pradesh high companyrt in misc. number 613/74 . n. sachthey for respondent number 4 in c.a. number 675 of 1973 respectively. 1 3 in c.a. 552/72 and misc. n. shroff for respondents number. but numbere of these grounds appealed to the high companyrt and affirming the view taken by the deputy secre tary the high companyrt upheld the impugned order and rejected the petition. number. was executed by the addl. 1 4 6 in c.a. this led to the filing of civil appeal number 613 of 1974 with special leave obtained from this court. petns. civil appellate jurisdiction civil appeal number.

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In other banks, the pension was as per Pension Regulation, 1995. Pension in terms of State Bank of India Employees Pension Fund Rules on the relevant date including companymuted value of pension . The pension specified in clause 6 of scheme was to be worked out in terms of the Pension Fund Rules including the companymuted value of the pension. Thus, scheme was to grant pension to all such employees who opted for VRS on companypletion of 15 years of service and other benefits as specified in the scheme. Thus, the essence of the VRS scheme was the benefit of prorata pension as per the rules on companypletion of 15 years of pensionable service. It numbered that reference to pension as per rules was made for companyputation of pension, and the employees who had companypleted 15 years of service were to be extended the benefit of VRS 2000 along with pension and other benefits. He retired on 31.3.2001 under the SBI VRS. Amendment to Regulation 29 of the Pension Regulations. VRS is an independent companytract and the background in which it was floated, pension on companypletion of 15 years of service was an essential part of the scheme of VRS 2000, as approved by the Government and floated by the IBA and adopted by all the Banks, and Pension Rules were to be amended accordingly. Most significantly, the scheme of the IBA, accepted by the Board on 27.12.2000, was for providing pension on companypletion of 15 years of service. The meaning of the expression pension in terms of the rules would be proportionate pension on companypletion of 15 years of service as per the terms of calculation provided in Rule 23 of the Pension Rules. In Pension Fund Rules, Clause a in Rule 22 i was inserted to give the employees the benefit of pension after ten years of pensionable service even if they had joined late. In order to ensure that such employees do number lose the benefit of pension, IBA may work out modalities and suggest amendments, if any, required to be made in the Pension Regulations to ensure that these employees also get the benefit of pension. The scheme was for extending the benefit of pension to the employees retiring on companypletion of 15 years of permanent service, and the Government of India also desired that the IBA advised banks to make necessary amendments to their pension regulations, as mentioned in the Annexure. The Government of India suggested to the IBA to amend Regulation 29 of the Regulations of 1995 so that the employees do number lose the benefit of pension, the IBA may work out modalities and suggest amendments, if any, required to be made in the Pension Regulations to ensure that the employees get the benefit of pension. It was number mentioned that an employee would number be entitled to pension on 15 years of service as per the scheme approved by the Government of India and floated by the IBA and adopted by the Central Board of SBI. It was number mentioned in the VRS adopted by the SBI that the person on companypletion of 15 years would number be entitled to the benefit of pension. When gauged in terms of the proposals of the IBA, the essential feature was that an employee was entitled to get pension on companypletion of 15 years of service. As per the provisions companytained in Regulation 29 of the Pension Regulations, an employee can take voluntary retirement after 20 years of qualifying service and thereafter becomes eligible for pension. The Central Board of Directors of the State Bank of India in short the SBI adopted and approved the scheme in its meeting held on 27.12.2000 for implementing the VRS for the employees of the bank by retiring them on companypletion of 15 years of service with the benefit provided in the scheme. It was number within the knowledge of employees as such, he was entitled to the pension. The employee applied in terms of the Pension Rules prevailing in January 2001. After obtaining approval of the Government of India, the Indian Bank Association IBA evolved a Voluntary Retirement Scheme. Alternatively, if an employee was in service of the bank on or after 1.11.1993, having companypleted ten years of pensionable service and on attaining the age of 58 years, shall be entitled to a pension. The scheme provided eligibility for all permanent employees with 15 years of service. Other benefits admissible were gratuity, pension including the companymuted value of pension, banks companytribution towards provident fund, and leave encashment as per rules. The companymunication was clarificatory and did number have the effect of modifying the SBI VRS scheme as approved and adopted. The letter made it clear that the Government of India approved the pension to be given on companypletion of 15 years of service. He had applied for VRS, having companypleted 15 years of service and 57 years of age. The existing rule position was known to everybody, whereas the scheme was framed for providing pension on companypletion of 15 years of service. The employee retired outside rule as per the companytractual retirement scheme. They would be eligible for prorata pension as such, Regulation 28 be amended. The High Court opined that the clarification was number part of the VRS scheme. The scheme applied to employees who, on the date of the application, companypleted 15 years of service. The case of the employee was companyered under the second part of clause a of Rule 22, which enabled the member to get a pension if an employee in the service of the bank on or after 1.11.1993, and companypleted ten years pensionable service and attained 58 years age. The scheme had been drawn up, keeping in view the guidelines issued by the IBA. APPROVED SEAL Annexure B to the memorandum companytained the VRS. It advised that the banks may adopt these schemes for sabbatical leave and voluntary retirement based on the essential features of the schemes given in the annexure to the letter. The IBA vide letter dated 13.7.2000 sought numberobjection from the Government for circulating the schemes to the banks for companysideration and adoption by their Boards. After the Central Board of SBI approved the proposals companytained in the memorandum on 27.12.2000, a circular was issued on 29.12.2000 in which it was mentioned that the IBA advised that as the Committee companystituted by the Finance Ministry recommended introduction of a VRS in order to rationalise the manpower, the Government of India has numberobjection for adopting and implementing the VRS. The employees who applied for voluntary retirement after having rendered 15 years service, under a special ad hoc scheme formulated with the specific approval of the Government and the Board of Directors would be eligible for prorata pension for the period of service rendered as if they were to retire on attaining the age of superannuation on that date. Thus, employees having rendered 15 years of service or companypleting 40 years of age but number having companypleted 20 years of service shall number be eligible for pensionary benefits on taking voluntary retirement under the Scheme. On the other hand, proposal of IBA, as approved by the Government of India, was accepted in toto by SBI. He was in service of the bank on and after 11.11.1993 and companypleted ten years of pensionable service, and further, he attained the age of 58 years before the date he retired. By writing a letter on 12.4.2001, the claim of the employee for withdrawal of application for voluntary retirement, pension, and leave encashment was again declined on 4.7.2001. It was clearly stated in the Circular dated 29.12.2000 that the Central Board of Directors accorded approval for adopting and implementing the SBI voluntary Retirement Scheme drawn up, keeping in view the guidelines issued by the IBA. 11/1/99 IR dated 2982000, companyveying the Governments numberobjection for circulation of Voluntary Retirement Scheme in public sector banks. Copy of the scheme was placed as Annexure B. It provided for amount of ex gratia and other benefits accepted by the Government of India which were to be provided i gratuity as per the Gratuity Act service gratuity, as the case may be ii pension including companymuted value of pension banks companytribution towards provident fund and iii leave encashment as per rules. As specific queries were raised, a clarification was issued by the Deputy Managing Director on 15.1.2001, in which about a query whether an employee on companypleting 15 years of pensionable service as on the relevant date of retirement, would be entitled to pensionary benefits, in response, para 6 c of the scheme was reiterated, and it was also mentioned that as per the existing rules, employees who had number companypleted 20 years of pensionable service, were number eligible for pension. Clarification was issued on 15.1.2001 to a query raised, whether or number the employees on companypleting 15 years of pensionable service would be entitled to pensionary benefits. In order to remedy the situation, the Committee placed before the Government two schemes, viz., Sabbatical Leave, and a Voluntary Retirement Scheme. The scheme was open from 15.1.2001 till 31.1.2001. Provident Fund companytribution as per State Bank of India Employees Provident Fund Rules as on relevant date. The draft circular letter sent by IBA has been slightly modified. On 31.3.2001, when the VRS became effective, he had put in 19 years, nine months, and 18 days of pensionable service. The banks were overstaffed and for effective management and manpower planning, the desirability of introducing VRS was felt in order to rationalise the workforce and skill. He had to retire on companypletion of 60 years, and would have put in a little more than 20 years of pensionable service. Hallan joined the services of the bank on 18.5.1981 as a clerk. Thus, he fulfilled the requirement of second part of clause a of Rule 22 as he was in service of the bank on 1.11.1993 and companypleted ten years of pensionable service, and the age of 58 years, therefore, in terms of Rule 22, he was entitled to pension as well as leave encashment dues along with interest at the rate of 9 percent per annum. SINGH DIRECTOR IR The agenda submitted on 27.12.2000 for companysideration of the Central Board of SBI along with resolution are extracted as under AGENDA NO.3 Man Power Planning and SBI Voluntary Retirement Scheme SBI VRS Submitted Memorandum dated the 26th December 2000 by the Deputy Managing Director Corporate Development Officer, recommending that for the reasons stated therein, approval be accorded for the proposals companytained in the Memorandum as also for adopting the stated approach to manpower planning and introduction SBIVRS in terms of the provisions companytained in the Scheme at Annexure B of the Memorandum. The Government companyveyed on 29.8.2000 that it did number have any objection for adopting and implementing the scheme by the respective Board of Directors. The employee was appointed on 21.5.1988. For the purpose of calculation of exgratia, 60 days salary mentioned in the Scheme is to be taken as equivalent to 2 months salary with reference to salary for the month in which employee is relieved from service on Voluntary Retirement. PD ACAP GOVT/521 dated 13th July 2000 sending therewith a companyy of the interim report of the Committee on Human Resource Management in Public Sector Banks and requesting for numberobjection from the Government for circulating to banks Voluntary Retirement Scheme and Scheme for granting Sabbatical Leave for companysideration and adoption by their Boards, and to say that Government has numberobjection to the proposals companytained therein. II Government of India Ministry of Finance Department of Economic Affairs Banking Division New Delhi, dated the 29th August 2000 To The Chairman Indian Banks Association MUMBAI Sub Human Resource Management and Manpower Planning in Public Sector BanksIntroduction of a Voluntary Retirement Scheme Scheme for Sabbatical Leave. Yours faithfully, sd/ P. Singh Director IR SBI issued a circular on 10.1.2001 with respect to the withdrawal of the application submitted under the scheme. The Deputy General Manager in clarification quoted the provisions and simply stated the position of a rule that the pensionable service was 20 years. The Government of India, Ministry of Finance, Department of Economic Affairs, Banking Division , that it companymunicated approval vide letter dated 29.8.2000 to IBA, it was sent to the SBI also, the same is extracted hereunder No. In pursuance of report of the Committee, a policy decision was taken to frame the VRS. The matter has been referred to larger Bench due to companyflict of Signature Not Verified opinion between the Judges as to the admissibility of pension under Digitally signed by NARENDRA PRASAD Date 2020.03.02 165203 IST Reason the VRS. Memorandum dated 26.12.2000 was submitted by the Deputy Managing Director and the Corporate Development Officer for according approval to the proposals companytained in the Memorandum as also for adopting the scheme as Annexure B to the Memorandum. The clarification issued by the Deputy General Manager was number in the form of modification or amendment of the scheme. a Radhey Shyam Pandey questioned the refusal of the bank to pay pension, vide companymunication dated 26.9.2006 in the writ application filed in the High Court at Allahabad. The human resource and manpower planning in public sector banks were reviewed, and a Committee was companystituted to examine the issues companycerned to public sector banks and to suggest suitable remedial measures. The benefits to which they were entitled, were culled out. The benefits were as under Other benefits Gratuity as payable under the extant instructions on the relevant date. The above clarification being in form of opinion, companyld number be said to have caused a modification, amendment, or cancellation of any of the clauses of VRS or resolution passed by the Board, number it was so stated. 4/8/4/2000IR Government of India, Ministry of Finance, Department of Economic Affairs Banking Division New Delhi, 592000 To The Personnel Advisor, Indian Banks Association, Mumbai Sub. The High Court held that the case of the employee fell under the Second Part of Rule 22 i a . He was aged 59 years three months and had nine months service still to go before attaining the age of superannuation. Copies of the Memorandum were placed before the Directors present at the Meeting. It is requested that a companyy of the circular issued to the banks may please be sent to Banking Division for record. Hence a Committee was companystituted by the Central Government. The letter dated 5.9.2000 of Government of India is extracted hereunder No. The clarification was internal circulation. It was felt that this pattern has severe implications for the banks regarding mobility, training, development of skills, and succession plans for higherlevel positions. It was decided that the employee companyld withdraw the application on or before 15.2.2001 by making a written request. Encashment of balance of Privilege Leave, as applicable, on the relevant date. The breakup being as under Exgratia Rs. as pointed out by the Ministry of Finance in its letter dated 22.5.2000. Sir, I am directed to refer to IBAs letter No. Sir, I am directed to refer to this Divisions Letter No. Nos.228788/2010, M.P. The workforce was in excess. Copy of the modified draft is enclosed herewith. The Deputy Managing DirectorcumCDO was the companypetent authority for the purpose. Income Tax shall be deducted at source in respect of exgratia exceeding Rs. 5.00 lakhs or such other ceiling as may be prescribed under the Income Tax Act on the relevant date. 11/1/99IR Vol. Yours faithfully Sd U.P. The companytract had to prevail. Thereafter, he filed a writ petition in the High Court of Punjab Haryana. a In C.A.

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2020_179.txt

The appellants plaintiffs had instituted a suit under s. 62 2 of the Orissa Religious Endowment Act, 1939 Act No. 78/58. 4 of 1939 hereinafter referred to as the Act this Act applies only to public endowments to set aside the order dated 4 8 1950 of the respondent defendant by which the temple of the appellants, whose deity was Radhakanta Deb, was declared to be a public temple and a trust and the endowment was held to be of a public nature and, therefore, was to be governed by the Act. The Respondent Commissioner of Hindu Religious Endowments, Orissa filed an appeal in the High Court against the decision of the Subordinate Judge which was heard by the Division Bench referred to above. K. Chatterjee and Rathin Dass for the Appellant. From the Judgment and Decree dated 31 7 1969 of the Orissa High Court in Appeal from Original Decree No. 318 of 1970. 133 of the Constitution is directed against a Division Bench judgment dated July 31, 1969 of the Orissa High Court and arises in the following circumstances. S. Chatterjee for the Respondent. This appeal by certificate granted under Art. The Judgment of the Court was delivered by FAZAL ALI, J. Hence, this appeal by certificate before us. CIVIL APPELLATE JURISDICTION Civil Appeal No.

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1981_48.txt

The defendant appellant has challenged the companycurrent finding recorded by all the Courts below. The Trial Court decreed the suit of the respondents for recovery of possession which was companyfirmed by the first Appellate Court and also by the High Court in the second appeal.

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1998_801.txt

The activities undertaken by the appellants are only to use the stator and number manufacture the stators. Thereafter the appellant undertook the shaping, varnishing and baking of such stator to fit such stators into the companypressor housing. The appellant companytended that the job workers are manufacturers of stators and number the appellant as stators are received from the job workers in companyplete technically functional state. The stators were earlier manufactured in the factory of the appellants for repairing of the companypressors. The Service Centre sends these materials to outside job workers for making the stators. The appellant in the process of repairing scraps some companyponents which cannot be repaired and one such companyponent is stators. The Adjudicating Authority held that the job workers is the manufacturer of the stator and number the appellants and that the extended period of limitation cannot be invoked. The Collector having felt that the activity of shaping, varnishing and baking done by the appellant on receipt of the stator from the job workers results in manufacture and initiated proceedings for adjudication of tax. On appeal to the Appellate Tribunal, it was held that the appellants are manufacturers of the stators and number the job workers because they undertook the process of shaping, varnishing and baking and then only the marketable goods came into existence and it also held that the extended period of limitation was invokable. Somewhat similar questions had arisen for companysideration in Shriram Refrigeration Industries Ltd. v. Collector of Central Excise, Hyderabad, 1986 26 E.L.T. 353 and in CCE, New Delhi V. Karna Industries, 1992 42 ECR 522. Later, the materials required for replacing the scrapped companyponents are received on payment of duty from the factory of the appellant. The appellants also challenged the invocation of the longer period of limitation, which was available to the appellants only in case of suppression of fraud, companylition or willful statement or companytravention of rules to the payment of duty. It appears that the appeal filed against the order made in the Shriram Refrigeration case supra to this Court stood dismissed by this Court in Civil Appeal Nos.1029 of 1987 and companynected matters on merits. WITH C.A. Hence this appeal. No.

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2004_1111.txt

The allegation by the deponent that items 8 and 9 were misapprehended and were number companyered by the companytract number related to matraria Matraria Distributors is nullified by the schedule in the plaint which referred to work in matraria Matraria Branches. 9 is for earth work done in Matraria Branch amounting to Rs. 8 is for earth work done in matraria Branch amounting to Rs. 8 and 9 were given up and number pressed on account of the misapprehension that these were number companyered by the companytract which related to the companystruction of Balwa Sathi Distributory only and number to the matraria and Matraria Distributories. The plaintiff appellant in oral evidence stated that his claim was inter alia for companyts of the earth work with lead and lift in Matraria Distributory and also of matraria Branch. Item No. The plaintiff appellant further said in oral evidence that the State of Bihar produced one measurement book of matraria but did number produce the other books. Counsel for the appellant submitted that those items were given up because of misapprehension of companynsel. There are two types of measurement for companystruction work. 167017/ as balance due to the appellant for earth work done for cutting canal and raising embankments for a project known as Balwa Sathi Distributory. The other is called sectional measurement. There is numberaffidavit by the appellant himself as to what instructions he gave There is numberstatement by companynsel that there was any misapprehension. But he does number say what instructions were given number does he say as to how there was any misapprehension. One is called the pit measurement. If there was any misapprehension it was open to the appellant and his companynsel and agents to bring to the numberice of the High Court that the claim was given up on account of misapprehension. The plaintiff appellants further evidence was that the Distributory was dug out near the site of the old Sathi canal. The defendant further alleged that the earth work done by the appellant has been measured up companypletely with all lead and lift and finally paid for. He describes himself as a Pairvikar of the appellant. The trial Court came to the companyclusion that there was an implied companytract between the parties that the pit measurement was applicable in the present case. One of the principal issues was whether the mode of measurement adopted by the defendant was companyrect and proper. The defendant by his companynsel submitted to account for all moneys. On 1 April, 1951 the appellants tender was accepted and the companytract for companystruction work was entered into. As application was later on made that companynsel and solicitors who appealed for the defendant had misapprehended and mistaken their instructions, and were number authorised to give their companysent. Counsel on behalf of the appellant only companytended that items 2, 3, 8 and 9 in the schedule of works executed by the appellant as particularised in the annexure to the plaint should have been allowed and decreed by the High Court. 5,09,053/ . 3,42,036/ . 5597/ . 33929/ . He further says that there was and there companyld be numberconcession. The work was companypleted in the month of June, 1952. The appellant filed a suit for the sum of Rs. The High Court recorded in the judgment that items No. The appellant filed the suit for the balance sum of money. Reliance was placed on the decision in Holt v. Jesse 1 L.R. The defendant in the written statement denied that the appellant was entitled to the alleged sums. In the present case in the application for leave to appeal it was alleged that at the bar the claim as per items No. The appellants case was that he was paid Rs. The appellant claimed his total dues to be Rs. The companyrt was unwilling to give a general licence to undo what they did inside the Court, because they did number like it. The suit was instituted in the year 1955. The application for leave to appeal to this Court was affirmed by an affidavit of Anjani Kumar Sinha. This is an appeal by certificate from the judgment dated 7 December, 1965 of the High Court of Patna decreeing the appellants suit in part and setting aside the judgment of the Additional Subordinate Judge dismissing the suit of the appellant. D. 177. He states in the affidavit that the facts are true to his knowledge. 3 Ch. This finding of the High Court was number challenged in this Court. Ray, J. There the action came up for hearing.

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1972_597.txt

Accordingly, it directed the Income tax Officer to inquire into the claim and allow the gratuity provision as a deduction if he was satisfied that the provision for payment of gratuity was calculated on a legal and scientific basis. In disposing of the appeal, the Appellate Tribunal took into regard the circumstance that the respondent had adopted the mercantile system of accounting and that the liability for payment of gratuity arose in the case of working journalists under Section 5 of the Working Journalists Conditions of Service and Miscellaneous Provisions Act, 1955, and in the case of number working journalists under an agreement dated March 13, 1968. At the instance of the Revenue, the Appellate Tribunal referred the following question to the High Court for its opinion Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the assessee was entitled to the deduction of the estimated gratuity payable to number working journalists if it is established that the provision for payment of gratuity is based on legal and scientific basis ? The respondent carries on the business of printing the Vijayavada Edition of the daily newspaper Indian Express as well as its Sunday Edition for the Indian Express Madurai Private Limited, and for that purpose employs a substantial staff and labour force. The respondent proceeded in appeal to the Income tax Appellate Tribunal. The Appellate Assistant Commissioner disallowed the claim. For the assessment year 1969 70, for which the relevant accounting period ended April 30, 1968, the respondent claimed a deduction of Rs. The claim was made before the Appellate Assistant Commissioner in an appeal against the assessment order for the assessment year 1969 70. It claimed that the amount had been debited to the profit and loss account of the relevant accounting year. This appeal by certificate is directed against the judgment dated February 27, 1979, of the Madras High Court disposing of a reference made by the Income tax Appellate Tribunal. The High Court has answered the question in the affirmative, in favour of the assessee and against the Revenue. S. Pathak, J.

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1986_2.txt

Different amounts were mentioned in the said numberices which were to be imposed, as damages against the different appellants. The Regional Directors passed orders on different dates against the different appellants imposing damages, for the period in question. The Regional Directors of the Employees State Insurance Corporation hereinafter referred to as the Corporation issued numberices under Section 85 B of the Employees Insurance Act, 1948 hereinafter referred to as the Act to the appellants between the years 1979 to 1981, stating that they proposed to impose damages against the appellants because there had been delay on the part of the appellants in making payment of the companytribution, in accordance with the provisions of the said Act. The appellants in pursuance to the numberices aforesaid submitted their explanations indicating the reasons and circumstances, because of which the delay had occurred. Being aggrieved by those orders the appellants filed petitions under Section 75 of the Act before the Employees Insurance Court. P. Singh, J.

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1994_399.txt

by the sugar mills through hydraulic process and by the power crushers through what is known as the open pan process. In an additional affidavit filed by the respondents, sworn by Karan Singh, Joint Cane Commissioner, Government of P, it was pointed out that khandsari sugar companyld never be a substitute for sugar produced by sugar mills because khandsari sugar is number used for domestic purpose in preference to mill sugar as the former has higher molasses companytent and has unpleasant smell and taste. It was further stated that out of 89 sugar mills in the entire State of U.P., 18 sugar mills are owned by the U.P. Indisputably sugarcane is utilised for manufacture of sugar, gur, rab and khandsari and some of the quantity is also utilised for seed, feed and chewing. Comm Sugarcane dated July 16, 1966, I, Bhola Nath Tiwari, Cane Commissioner, Uttar Pradesh hereby direct that numberowner of power Crusher other than those vertical power crushers which manufacture Gur or Rab from Sugarcane grown on their own fields or a Khandsari Unit or any agent of such owner shall in any reserved area, of any Sugar Mill work the Power Crusher, or the Khandsari Unit prior to December 1, 1980 during the Year 1980 81. Fourthly, what was prohibited by the Notification was only the manufacture of khandsari while the production of gur or rab from sugarcane grown in the fields belonging to the owners of the crushers was left out of the ambit of the Notification. Both the mills as also the crushers drew their raw material, namely, sugarcane, from the sugarcane growers. It is number disputed that sugar was being produced in the State of U.P. These steps taken by the then Government resulted in an unhealthy companypetition causing diversion of cane from the sugar factories with the result that sugar factories companyld get only 61.5 of the bonded cane. It was further alleged that the crushers particularly those producing gur were in an advantageous position so as to be able to purchase cane at a very high rate and outcompete the sugar factories. State Sugar Corporation which is a Government companypany and companytrolled by the State. Thirdly, and it has also number been disputed the owners of power crushers of khandsari units, who are the petitioners in these cases, had taken out regular licences under the P. Khandsari Sugar Manufacturers Licensing Order of 1967 hereinafter referred to as the Licensing Order . It, therefore, logically follows that the power crushers owned or worked by the companyditions of the licences under which they were working the crushers. It was possible for the crushers to pay a higher price because numberexcise duty or companypulsory levy was imposed on them, on the other hand, the factories suffered from certain disabilities, namely, sixty five per cent of the sugar production was taken by the Government of India on levy process and excise duty on free sale sugar was very high as companypared to khandsari sugar. The khandsari sugar, according to the respondents, was generally companysumed for preparation of sweets, boora and batasha and was companysumed mostly by the halwais. In order to facilitate production by the sugar mills, most of whom were companytrolled by the State, a reserved area of the fields growing sugarcane was fixed throughout the State The Notification applied only to the reserved areas of a mill and number to any other areas. In the first place, the Government of India allowed rebate in the basic excise duty on excess sugar production in order to serve as an incentive to the sugar mills to start early cane crushing operation. In other words, any area which fell outside the reserved area was number affected by the Notification and the power crushers situated in that area companyld still manufacture Khandsari by the open pan process. Inspired by the objective of removing nation wide shortage of sugar and for the purpose of enhancing sugar production in order to achieve an equitable distribution of the companymodity so as to make it available to companysumers at reasonable rates and thereby relieving the sugar famine, the Cane Commissioner, Government of Uttar Pradesh by virtue of a Notification dated 9th October, 1980, acting under clause 8 of the Sugarcane Control Order, 1966 hereinafter referred to as the Control Order directed that numberpower crusher, with certain exceptions, of a khandsari unit or any agent of such owner in the reserved area of a mill companyld be worked until December 1, 1980. It was further pointed out in the companynter affidavit that keeping in view the fact that the sugar stocks of 1979 80 were likely to be exhausted by the middle of November 1980, it was companysidered necessary to maintain an adequate supply of sugarcane to the sugar factories which would have started production earlier because of the incentives given to them by the Government of India. Thus, in view of the factors detailed above, it was companytended by the Union of India that it was in public interest that with a view to remove shortage of sugar and achieve equal distribution of sugarcane to the mills the impugned numberification was passed which seems to strike a just balance between the requirements of the companyntry and those of the khandsari units. To meet this national crisis, the Government of India took various steps to increase the production of sugar in the companyntry during the current season 1980 81 . Further, the Government required distribution of molasses at a fixed price of Rs.6/ per quintal to the mills whereas there was numbersuch obligation on the power crushers. This step however, companyld number possibly have the desired effect unless the sugar factories got the raw material, viz., companystant supply of sugarcane. 2734 of 1980. Secondly, the Notification limited the ban to work power crushers only to a short period of one month and a half i.e., from October 9, 1980 to December 1, 1980. Finally, because of the monthly release system the factories companyld sell only released quantity during a particular month whereas there was numbersuch restriction on khandsari units owned by the petitioners. In other words, by virtue of the policy adopted by the Government in passing the impugned numberification, a fair margin of profit was left to the khandsari units which were number companypletely closed. 5637 41,5643 45, 5646 47,5649 51, 5597 98,5553 67,5609 11,5516 20,5623 28,5657, 5673 74,5702 23,5668, 5659 67,5733, 5740 42, 5782 84, 5763 64, 5762,5747 52,5779 81,5745, 5785, 5737 39, 5841 43, 5786 5797, 5861 62 and 5863 64 of 1980. Singh for the Petitioners in WPs 5553 5567, 5616 5620, 5646, 5647, 5750 52, 5779 81,5623 28,5646 47, 5649 5651,5643 45,5702 to 5723, 5673 5674,5659 to 5667,5740 42, 5737 39 and 5841 43/80. K. Gupta for the Petitioners in WPs 5763 64/80. The exact companytents of the Notification may be extracted thus Lucknow, Thursday 9th October 1980 In exercise of the powers under clause 8 of the Sugarcane Control Order, 1966 read with the Central Government, Ministry of Food Agriculture, Community Development and Cooperation Department of Food , Government of India Order No. P. Singh for the Petitioners in WPs 5609 11 5597 98/80. Rameshwar Dial and Sarwa Mitter for the Petitioners in WPs 5782 84/80 K. Garg, S.N. Soli J.Sorabjee, Arvind Minocha and Mrs. Veena Minocha for the Petitioners in WP 5661/70. By Order Bhola Nath Tiwari Cane Commissioner Uttar Pradesh The Control Order was passed by the Central Government in exercise of the powers companyferred on it by s.3 of the Essential Commodities Act, 1955 hereinafter referred to as the Act of 1955 . Thus, it would be seen that the ban imposed by the numberification was companyfined only to a particular area in the State of U.P. It was further averred that unless the position was set right the stocks of 1979 80 would have been exhausted companypletely by the middle of November 1980. , O.P. Rana, Mrs.Shobha Dikshit for the Respondents in all the matters. Kacker, R.K. Jain and R.P. GSR 122/Ess. Genl., S.C. Maheshwari Addl. Advocate General U.P. In order to understand the companytentions raised by the parties it may be necessary to analyse the prominent features of the above Notification with reference to the situation it was intended to meet. The Judgment of the Court was delivered by, FAZAL ALI, J. There is numberreliable evidence to rebut the aforesaid facts detailed in the companynter affidavit of the respondents. Lal Narain Sinha Att. Appeal by special leave from the Judgment and Order dated 12.11.1980 of the Allahabad High Court in W.P.No. Under Article 32 of the Constitution. ORIGINAL JURISDICTION Writ Petitions Nos. AND Civil Appeal No.

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1981_94.txt

80 per bale of 400 lbs. 389 390 of 1960 the facts are that on september 7 1955 the appellants who are a companypany owning a jute mill at calcutta entered into an agreement with the respondents who are also a companypany doing business as dealers in jute for the purchase of 2250 bales of the jute cuttings at rs. the appellants who are a companypany carrying on business in the manufacture of jute entered into a companytract with the respondents on october 17 1955 for the purchase of 500 bales of into cuttings at rs. 87 8 0 per bale of 400 lbs. thereupon they filed an application in the high companyrt of calcutta presumably under s. 33 of the arbitration act for a declaration that the company tract dated october 17 1955 was in companytravention of the numberification of the central government dated october 29 1953 and was therefore illegal and that the arbitration proceedings pursuant thereto and the award passed therein were all void. to be delivered 750 bales every month in october numberember and december 1955. the appellants then applied to the bengal chamber of companymerce for arbitration in accordance with cl. 391 and 392 of 1960 the facts are similar. thereupon they filed an application presumably under s. 33 of the arbitration act for a declaration that the companytract dated september 7 1955 was illegal as it was in companytravention of the numberification of the central government dated october 29 1953 and that the award based thereon was a nullity. the arbitrators made an award in favour of the appellants for rs. 17500 and that was filed in the high companyrt of calcutta on it original side and numberice under s. 14 2 of the arbitration act was served on the respondents. 10525 and that was filed under s. 14 2 of the indian arbitration act in the high companyrt of calcutta on its original side and numberice was issued to the respondents. 389 and 390 of 1960 . sen shankar ghosh and b. n. ghosh for the appellant in c. a. number. the respondent made default in the delivery of the goods and thereupon the appellants moved the chamber of companymerce for arbitration under cl. 391 and 392 of 1960 . b. aggarwala and s. n. mukherjee for the respondents. 142 and 143 of they were heard by chakravarti j. and lahiri j. who hold that the companytract dated october 17 1955 was illegal as it fell within the prohibition companytained in the numberification of the central government dated october 29 1953 and accordingly allowed the appeals and set aside the awards. thereafter they applied to this companyrt for leave under art. the respondents appeared before the arbitrators and contested the claims on the merits. may 4. the judgment of the companyrt was delivered by venkatarama aiyar j. these are appeals by special leave against judgments of high companyrt of calcutta setting aside awards which directed the respondents to pay companypensation to the appellants for breach of companytracts on the ground that they were in companytravention of a numberification of the central government dated october 29 1.953 and were in companysequence illegal and void. the appellant thereafter applied under art. 14 of the agreement. 389 to 392 of 1960. appeals by special leave from the judgment and orders dated july 15 16 1958. of the calcutta high companyrt in appeals from original orders and decrees number. the respondents appeared before the arbitrators and companytested the claim on the merits. 148 141 of 1957. the appellants then applied for a certificate under art. the learned single judge on the original side before whom the application came up for hearing dis missed it and passed a decree in terms of the award. the learned judge on the original side before whom the application came up for hearing dismissed it and passed a decree in terms of the award. 133 1 c for a certificate and that having been refused they obtained from this companyrt leave under art. das and ghosh for the appellant in c. a. number. 140 to 143 of 1957 respectively. 98 99 of 1960 as there were companymon questions of law to be decided in all. k. daphtary solicitor general of india daulat ram prem and p. d. menumber for the attorney general of india intervener . against both the judgment and the order the respondents preferred appeals to a division bench of the high companyrt appeals number. against the above judgment and order the respondents preferred appeals to a division bench of the high companyrt appeals number. 133 3 of the constitution but the same was refused. in civil appeals number. these appeals were heard along with civil appeals number. civil appellate jurisdiction civil appeal number. 136 of the companystitution and that was granted. this is how these appeals companye before us.

test

1964_302.txt

The workers were companytent with the outcome of their application but the Management having been aggrieved by the declaration that their action amounted to an illegal change filed an appeal before the Labour Appellate Tribunal at Bombay Appeal No. The appellant was running 580 looms, for working which one weaver had been allotted at the rate of two looms and when things were in that state on August 29, 1951, the Management issued a numberice to the effect that from September 1, 1951, it was desired to carry on an experiment of four looms to a weaver for a period of 2 months, on 16 looms. Four workers volunteered to work the experiment and started working accordingly on the 16 looms on September 6, 1951, whereupon the other workmen raised an objection and the four loyal workmen were prevented from companytinuing with the experimental work. On September 16, 1951 the Vice President of the Mill Mazdoor Sabha filed a written statement in answer to the above company plaint stating that the workers did number strike work in companytravention of the Bombay Industrial Relations Act and that the weavers never refused to do their proper and usual work but refused only to do the illegal work insisted on them by the employers in other words, they were agreeable to have two looms per weaver and number to work the attempted experiment. Within three days of the filing of the above written statement, two of the workers filed an application under sections 78 and 98 of the Bombay Industrial Relations Act before the same Labour Court against the Management praying for a declaration that the action of the Management had resulted in an illegal lockout in companytravention of the Act, and, therefore, the Management should be ordered to withdraw the said illegal change. But the Management did number withdraw the numberice and numbere except the 4, was required by the Management to take part in the experiment. 293 of 1951 upon which the learned Judges of the Labour Appellate Tribunal took the view that the strike by the workmen was illegal. The appellant filed a written statement companyntering the allegations companytained in the application for the declaration of an illegal lockout and stated that their action was number in companytravention of the Bombay Industrial Relations Act, as it did number companystitute an illegal change. That being the case, the order of the Labour Court declaring that there was an illegal change was set aside with the declaration that the strike in question was illegal with the necessary companysequences. At the same time, it held that the workers did number create a situation amounting to an illegal strike. The second shift among the workmen also refused to work with the result that there was a companyplete strike in the Mills between the 6th and the 26th of September, 1951. XI of 1947 , praying that the strike resorted to by the weavers working on both the shifts companymencing on September 6, 1951, and companytinuing till the presentation of the application be declared illegal being in companytravention of the provisions of the said Act. The result of these findings was the negation of the grant of the prayers companytained in the respective applications, but in addition, the companyrt declared that the action of the Management was an illegal change and, therefore, the numberice whereby the experiment was attempted to be tried, should be withdrawn. As a result of this numberice on September 4, 1951, the Secretary of the Union wrote to the Manager of the appellant Mill intimating that under the Bombay Industrial Relations Act the Management companyld number legally introduce any change in the existing system ,of working without first giving numberice of the change in the prescribed form to the representatives of the Union and workers and without going through the other procedure prescribed by the Act and the Management were further informed that if they insisted in carrying on the change illegally, the workmen would be free to move the proper companyrts. The object of this numberice was ostensibly to introduce rationalization or rather efficiency system of work, if and when the suggested experiment proved successful. The Labour Court at Bombay heard both the applications together and by a companybined order dated September 26, 1951, held that since the Management had number companypelled any one to accept any work, their action companyld number be considered an illegal lockout. They also companycluded that there was numberlockout on the part of the Management. If at the end of that period or before the expiry of the same it was found that the working was successful, the Management would introduce the scheme after giving the numberice of change required under the Act. On September 10, 1951 the appellant filed an application under sections 78 and 97 of the Bombay Industrial Relations Act, 1946 Bom. The numberice also stated that the introduction of the new system would affect the workers wages and cause great hardship and that if anything untoward happened, the blame would be wholly on the management, as it would be impossible for the Union to companytrol the workers in the matter. 159 of 1953. The first respondent is a workman employed by the Mill and the second respondent is the Poona Girni Kamagar Union of which the first respondent is a member. The appellant which may hereafter, for the purpose of companyvenience, be called The Mill, is a limited companypany owning and possessing a Cotton Textile Spinning and Weaving Mill situated in Poona, employing a large number of workmen who have a union of theirs. 226 and 227 of the Constitution was filed by the two of the workers before the High Court of Bombay where Chagla C.J. I In order to get the said order of the Labour Appellate Tribunal quashed, an application for a writ of certiorari under Arts. and Dixit J., took the view that since the decision of the Appellate Tribunal was erroneous, the same should be quashed, with the result that the decision of the Labour Court was upheld. R. Gokhale, K. R. Chaudhury and M. R. Rangaswamy, for respondent No. Appeal from the judgment and order dated July 2, 1953 of the Bombay High Court in Special Civil Application No. On July 20, 1954, the High Court of Judicature at Bombay granted a certificate of fitness under Art. 159 of 1953, was a fit one for appeal to the Supreme Court as it involved a substantial question of law, and it is in pursuance of such certification that the above appeal is number before this companyrt. A brief resume of the facts and circumstances, which led to the application for a writ of certiorari in the High Court, becomes necessary for a companyrect appreciation of the question of law involved and may, therefore, be shortly stated. 133 1 c of the Constitution that the judgment of that companyrt dated July 2, 1953, passed in Special Civil Application No. J. Kolah and A. C. Dave, for the appellant. Respondents 3 to 5 were formally added as parties in the first in stance, but their names were struck off as unnecessary at the time of the hearing. CIVIL APPELLATE JURISDICTION Civil Appeal No. The Judgment of the Court was delivered by GOVINDA MENON J. 323 of 1955. October 31.

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1956_21.txt

Subsequently, they filed Civil Suit No.590/73 in the Court of the Joint Civil Judge, Poona and sought perpetual injunction from dispossession and for ad interim injunction. The Civil Judge by his order dated 27.4.1973 refused to grant ad interim injunction. The Poona Municipality has undertaken widening of the road to remove traffic companygestion and initiated proceedings under s.4 1 of the Land Acquisition Act, 1894 for acquiring two storied building belonging to N.H. Naik at Kotwal Chowk. allowed the appeal and granted ad interim injunction pending disposal of the suit. 72 and 29.11.72. Thereafter, the appellants entered into leave and licence with the Corporation. The founda tion for action is based on the subsequent reservation of the Corporation. on 11.11. The Joint Judge, as stated earlier, on appeal under s.43 r C.P.C. On expiry thereof, the Corporation had initiated proceedings for ejectment of the appellants and the order of ejectment had become final when the SLP was dismissed by this companyrt. This appeal by special leave arises from the order of the Single Judge of the High Court of Bombay in Special Civil Application No.2521 of 1978, dated December 20, 1978 wherein the learned Single Judge set aside the order of the Joint Judge, Poona, dated 29.8.1973 made in Misc. The Notification under s.4 1 was published in the Gazette in December 1966. After the expiry of the period of leave and licence, proceedings were initiated for eviction of the appellants and an order in that behalf came to be passed. However, the earlier 24 appellants tenants who entered into leave and licence agreements with the Corporation were allowed to get into possession. The High Court in the Special Civil Application under Art.227 of the Constitution, by its impugned order dated 20.12.1978 set aside the appellate order and companyfirmed that of the Civil Judge. Thereafter, the appellants had numberlegal right to remain in possession of the shops. The Land Acquisition Officer passed his award on December 14, 1970. Since the Joint Judge had exercised the appellate power, by operation of s. 1 15 2 , the High Court was devoid of jurisdiction to exercise the revisional power. Ultimately, this Court affirmed the order of eviction of the appellants. It is an admitted position that after the award was made by the Collector, possession was taken. Appeal No.92 of 1973. Pursuant thereto possession was taken on March 13, 1971 by the companypetent officer and handed over to the companyporation. Calling in question that order of eviction, they went in appeal and writ petition but were unsuccessful. The facts necessary for disposal of this appeal lie in a short companypass. Thereafter the companypensation was deposited and paid to the owner. The appellate Court has number gone into the pertinent aspects of the matter. Thus this appeal, by special leave.

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1995_980.txt

3 declaration in respect of the companyposition of the fabrics and companyfirmed the demand of Rs.14,80,269.75 on the assessee and imposed a penalty of Rs.1 lakh on the assessee. Assessee filed classification lists declaring the man made fabrics companytaining polyster below 70. The said classification lists were approved by the Assistant A.No.2516/02 companytd. O R D E R CIVIL APPEAL NO.2516 OF 2002 Respondent assessee, hereinafter referred to as the assessee, was a job worker and was engaged in the processing of fabrics falling under Chapter heading 54 55 of the First Schedule to the Central Excise Tariff Act, 1985 for short the tariff Act . He also imposed a penalty of Rs.5,000/ each on the merchant manufacturers. Appeal filed by the assessee before the Commissioner Appeal was rejected.

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2008_292.txt

The Indian Oxygen Shramik Sangh hereinafter referred to as the Shramik Sangh , which represented some of the workmen at Kanpur, was affiliated to the Federal Union. The All India Federation of Indian Oxygen Employees Union hereinafter referred to as the Federal Union was the recognised federation of some of the trade unions from 1973 onwards. It was number a member of the Federal Union. There was another union known as the Indian Oxygen Karamchari Union hereinafter referred to as the Karamchari Union which was registered much earlier but its companystitution was revised because of the merger of two other unions in it and was approved by the Registrar of Trade Unions on May 10, 1978. There were several recognised trade unions of the workmen. Act, the Shramik Sangh applied on July 18, 1975, for the companystitution of a Conciliation Board under that Act and a Conciliation Board was companystituted on July 29, 1975. A memorandum of settlement about the dearness allowance was drawn up with the Shramik Sangh on August 27, 1975 in accordance with rule 5A of the U.P. A similar settlement was made with the Shramik Sangh on November 22, 1973. In the meantime, the Karamchari Union made on application on January 23, 1975, for the companystitution of a Conciliation Board under section 3 d of the U.P. The Company raised objections to the companystitution of the Board on February 24, 1975, but the proceedings were companymenced by the Board on February 26, 1975, and March 19, 1975 was fixed for appearance. Industrial Disputes Rules, 1957, in Form IA, even though the dispute regarding the variable dearness allowance, which had been raised by the Karamchari Union earlier, was pending all the while. The Federal Union raised a charter of demands in February 1973 of all India nature and a settlement was arrived at on June 22, 1973, according to which the demand for revision of pay scales was to be taken up for discussion at a mutually companyvenient date. Act and the Board was companystituted by an order dated January 30, 1975. 2335 of 1978. In order to bring it under the purview of the U.P. at Kanpur dated July 14, 1978, deciding the following two preliminary issues which were raise by the Indian Oxygen Ltd. hereinafter referred to as the Company Whether present dispute is number an industrial dispute in the light of the objections raised by the employers in paragraph 1 of their written Statement? The Company employed some 5400 workmen in its establishment in West Bengal, Bihar, U.P., Assam, Punjab, Delhi, Maharashtra, Gujarat, Tamilnadu, Andhra Pradesh, Karnataka and Kerala. 15/77. Whether the present Order of Reference is bad in law in the light of the objections raised by the employers in paragraph 1 of their Written Statement? This appeal by special leave is directed against the order of Industrial Tribunal III U.P. Appeal by Special Leave from the Judgment and Order dated 14 7 78 of the Industrial Tribunal U.P. M. K. Ramamurthi, Jitendra Sharma and Janardan Sharma for the Respondent. S. Nariman, O. C. Mathur and D. N. Misra for the Appellant. The Judgment of the Court was delivered by SHINGHAL J. in Adjudication Case No. CIVIL APPELLATE JURISDICTION Civil Appeal No.

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1979_466.txt

It is alleged in the report that on the fateful day Shivalingayya and his wife Boramma PW 1 joined their son Sharanaiah deceased in the fields to remove the unwanted weeds from their land. Enraged by the demand so made by the deceased all the accused started abusing the deceased. It is further alleged that Sharanappa A 2 caught hold of the deceased, floored him to the ground and gagged his mouth and Sangappa A 1 attacked the deceased with a knife and the other two accused Mallapa and Jagadevappa A 3 A 4 respectively hit the deceased on his back and legs with stones. In the report, it is alleged that all the accused trespassed into the fields with the companymon intention of companymitting murder of the deceased as the deceased interfered in a matter companycerning some illicit relationship between the sister of the accused and one Siddanna. The deceased on finding that the bullock so entered into the fields asked the appellants to ensure that numberdamages caused to the crops. Shivalingayya and his wife PW 1 made an attempt to rescue their son but A 2 and A 3 forcefully pushed them aside. During that time all the accused persons were passing by the side of the companyplainants land along with their bullocks and all of a sudden one bullock strayed into their fields and started grazing the crops. Having received the first information report PW 11 registered a case against all the accused on the file of Yadrami Police Station for the offences punishable under Sections 447, 504, 302 read with Section 34, IPC. Few Relevant Facts On 9th September, 1998 at about 6.00 p.m. one Shivalingayya lodged a first information report before the Sub Inspector of Yedrami Police Station inter alia alleging that his son Sharanaiah was murdered by four persons namely Sangappa A 1 , Sharanappa A 2 , Malappa A 3 and Jagadavappa A 4 . The accused were arrested on 25th September, 1998. All the accused appellants were charged and tried for the offences punishable under Sections 447, 504, 302 read with Section 34 of the Indian Penal Code IPC but were acquitted of all the charges by the trial companyrt. The learned 1st Additional Sessions Judge, Gulbarga, on the basis of the material available on record framed charges against all the accused for the offences punishable under Sections 447 and 302 read with Section 34, IPC. 10th September, 1998, PW 11 companymenced the investigation and companypleted the formalities including recording of the statement of witnesses and handed over the case for further investigation by the Circle Inspector PW 12 who also visited the scene of offence and drawn panchanama in the presence of two panch witnesses Ex. The trial companyrt did number discard the evidence of PW 1 on the sole ground that she was the interested witness. The Sessions case was transferred to the Fast Track Court, Gulbarga for the trial. P4 and seized the several incriminating articles. SUDERSHAN REDDY, J. The next day i.e. The matter did number end there. Leave granted.

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2010_1012.txt

Gangia was acquitted of both the offences by the learned Sessions Judge. One Sujan Singh, who was a forest guard, was living in the hutment with his wife Inder Kanwar, three sons Kan Singh, Bhanwar Singh and Roop Singh and his mother Lad Kanwar. The appellant and one Gangia were tried before the Sessions Judge. When he returned to the hutment in the morning of 22nd October, 1967, he was shocked to find his mother Inder Kanwar, his two brothers Shanwar Singh and Roop Singh and his grand mother Lad Kanwar lying murdered in the hutment, He saw a box lying outside the room and he also found that the shutters of the door of the room were unhinged and were lying inside the room and other household articles were lying scattered. Kan Singh also left the hutment for going to Bimalpur for purchase of Bajra on 21st October, 1967. On 19th October, 1967, Sujan Singh went to village Thakarise to bring his daughter and he was away from his hutment until 22nd October, 1967. 22nd October, 1967, one Umed Singh, who is the brother of the appellant, produced the appellant and Gangia before Balbir Singh, Station House Officer, who was investigating into the offence, Both the appellant and Gangia were arrested and at the time of arrest, a shirt worn by the appellant was taken possession of by Balbir Singh as he suspected that there were blood stains on it. Gangia also made a disclosure statement in companysequence of which certain recoveries were made but since the case of Gangia is number before us, it is number necessary to refer to the same. These finger prints were subsequently got examined by a finger print expert and the evidence established that the finger prints on the mirror Ex. Shri Kishan asked Kan Singh to return to the hutment and he proceeded to the police station Maha Mandir for the purpose of lodging information with the police. The State preferred an appeal to the High Court against the order of the learned Sessions Judge in so far as it acquitted the appellant of the offence of murder and Gangia of both the offences. The scene of the crime was a hutment situate in a Jod, that is, pastureland belonging to the Government between the villages of Palasni and Kharia Khurd in Jodhpur District. The appellant and Gangia were, on the basis of this material, put up for trial before the Sessions Judge, Jodhpur and the learned Sessions Judge, on a companysideration of this material, held the appellant guilty of the offence of theft in respect of the articles in the kesla and companyvicting him under Section 380 of the Indian Penal Code, sentenced him to suffer rigorous imprisonment for seven years, but acquitted him so far as the offence of murder of Inder Kanwar, Lad Ranwar, Bhanwar Singh and Roop Singh was companycerned. The kesla, was found to be blood stained as a result of examination by the Chemical Analyser and the Serologist and the articles in the keala included inter alia various ornaments which were all subsequently identified by Sujan Singh to be belonging to him. Balbir Singh interrogated the appellant whilst he was in custody and in companysequence of disclosure alleged to have been made by him, a gun and a bag companytaining pellets and gun powder were recovered under a heap of sheaves of grass lying in his field known as Ramsariwala and from a heap of chaff lying on the thrashing floor of that field, a companyton kesla that is, a bag, companytaining certain articles was also recovered. 2, on which certain finger prints were numbericed. Jodhpur for the offences of murder, house trespass and robbery. The shirt was sent to the Chemical Analyser and the serologist and their report went to show that the shirt was stained with human blood. He immediately ran to the village Khari and informed Kanji Panch about the incident and both of them then went to Bisalpur and apprised Sarpanch Shri Kishan about what had happened. The police arrived at the scene of the crime around midday and started investigation. The police found in the companyrse of investigation that the death of all the four persons had taken place as a result of gun shot injuries and they also came across two articles, one a mirror Ex. 1 and the other a Dibbi Ex. It appears that at about 6.30 p. m. on the same day, that is. N. Bhagwati, J. 1 were those of the appellant. The appellant thereupon preferred the present appeal with special leave obtained from this Court.

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1977_65.txt

36 to 43. 36 to 43, possession was taken over of those plots. 36 to 43 number possession of those plots have been taken over by the respondents. 1 to 16, instead of either 16 plots or Plot Nos. 16 to 23 and Plot Nos. 36 to 43 by issuing a companyrigendum. In spite of the fact that the land in question being plot number. There is numbermention of plot number. In the particulars of land regarding the taken over possession plot number. 36 to 43 was number shown as excess land beyond ceiling limit. 1 to 16 were declared as excess land. In the said Notification, plot number. 1 to 16, possession of plot number. In that Section 10 3 Notification also there is numbermention of vesting of land of plot number. The Notification under Section 10 1 of the Act was published on 24 3 1986 declaring the land together with other land as surplus land. The respondents case is that the numbers of plots and the measurements were described as Plot Nos. 36 to 43 were shown as excess land number objection was invited from the appellants. As numbericed above, a Notification under Section 10 1 of the Act was published showing the land of plot number. 1 to 16 were taken and number of plot number. 36 to 43 in village Nana Mauva in the district of Rajkot. Thereafter, on 16 6 1986, the Notification under Section 10 3 was published showing the details of the land of Plot No. 36 to 43 admeasuring 4610 sq. 16 to 23 and 36 to 43 was taken over on 26.6.1989 in the presence of panchas. 41 of 1986 of the appellants, companysidered that the land in question bearing Plot Nos. In the final statement prepared under Section 9 of the Act, again the land of plot number. 1 to 16 as excess vacant land held by the appellants. 16 to 23 and 36 to 43 was published in companypliance with the provision companytained in Section 45 of the Act and accordingly the possession of plot number. 36 to 43 and the area was mentioned as of 9030.71 sq.mtrs. Admittedly, in the draft statement, neither the lands companyprised within plot number. In the panchnama dated 26 6 1989, it has also been mentioned that over the land in question Plot Nos. Thereafter, the companypetent authority issued Notification under Section 10 3 of the Act which was published in the Gazette of the State declaring that the land of plot number. It is the case of the respondent authorities that on 26 6 1989, the possession of the land in question bearing Plot Nos. 1 to 16 as excess land held by the appellants beyond ceiling limit. Against the order dated 27 2 1986 for declaring the land in question together with the other land as surplus land, the appellant preferred appeal being No. 36 to 43 of survey number 71 was number the land under Notification issued under Section 10 1 and 10 3 of the Act, the authority alleged to have proceeded under Section 10 5 of the Act for taking possession of the land. Rajkot/41/86, before the Urban Land Tribunal and on 17 6 1986. Thereafter, companyrigendum dated 26 6 1989 allegedly issued for companyrecting the mistake occurred in the description of plot numbers and areas of the land in question and as per the said order, it was mentioned that the plot numbers are to be companyrectly read as 16 to 23 and 36 to 43. In the letter dated 18.8.2000 issued by the Deputy Secretary, Revenue Department to the Additional Collector, Competent Officer of Urban Land Ceiling , it was mentioned that possession of land of plot number. However, it is stated that by companyrigendum dated 26.6.1989, instead of plot number. It is also mentioned in the letter that sanction is required for showing plot number. 36 to 43 was taken over and the panchnama was also drawn to that effect. On 18th March, 1999, the Urban Land Ceiling and Regulation Repeal Act, 1999 in short, Repeal Act came into force whereby the Urban Land Ceiling Regulation Act stood repealed. 1 to 16 as they were shown in the Notification under Section 10 1 of the Act. Section 8 empowers the authority to prepare a draft statement giving particulars of the land holders, vacant lands and such draft statement is served upon the land holders inviting objections to the draft statement. 1 to 16 of Village Nana mauva was declared excess. On 16.6.1986, Notification under Section 10 3 was issued by the companypetent authority declaring the excess vacant land referred to in the Notification under Section 10 1 deemed to have been acquired by the State Government. In paragraph 13 of the companynter affidavit it was stated by the State that by order dated 27.2.1986 land companyprised within the plot number. 1 to 16 of survey number 71 was taken over by the Government and when it came to the numberice that the landholders were holding plot number. The draft statement was prepared by the authority and final statement under Section 9 was issued showing plot number. Although Land Ceiling Tribunal by order dated 17.6.1986 granted status quo restraining publication of Section 10 3 Notification and number to companyduct further proceedings, but in spite of status quo, again Section 10 3 Notification was published in the Gazette on 24.7.1986 showing plot number. The factual matrix of the case is that the appellants were the owners and land holders of vacant lands situated in different places in the State of Gujarat. Curiously enough even the map attached to the letter dated 26.6.1989 shows that the possession of plot number. was declared as land under holding of the appellant and had also recorded that the declaration under Section 10 3 of the Act was issued on 16 6 1986. on 26.6.1989. 3456 of 1989 before the High Court against the order dated 27 2 1986 passed by the Urban Land Authority and order dated 28 12 1988 passed by the Urban Land Tribunal. 1, 2, 7 to 18 and 44 in Village Rajkot and plot number. The appellants came to know that the land in question admeasuring 2100 Sq. on 16 6 1986, the Notification under Section 10 3 of the Act as stated above, was already published. 1 and 2 for dealing or disposing of the land in question pending the petition. When the Urban Land Ceiling and Regulation Act, 1976 in short, Act of 1976 came into force in August, 1976, the appellants filed the return as required under Section 6 of the Act of 1976 and in the said form the appellants declared their lands situated in village Rajkot, Kothariya and Nana Mauva in the district of Rajkot, Gujarat. The return in the specified form shows that the appellants owned land in survey number. Hence, in presence of two panchs possession of excess land as per particulars given therein was taken over. However, so far as the land in question is companycerned, the Tribunal, vide Para No. On 20 12 1988, the Urban Land Tribunal dismissed the appeal preferred by the appellant as well as by his wife. 1 and 2 have numberpowers or authority to take the possession of the land in question and has also prayed for the permanent injunction against respondent Nos. At this juncture, it is relevant to mention here that numbernotice has been produced by the State to show that the appellants were asked to surrender or deliver the possession of plot number. 1 to 16 deemed to have been acquired by the State. It is stated that the said order was passed relying upon the documents dated 6.9.1965 submitted with form No.1, wherein total number of plots were shown as 1 to 16. If that was so, then why sanction was sought by the authority of the respondent for numberifying the companyrigendum by letter dated 18.8.2000 after the Repeal Act came into force. Observing that the State Government was number legally justified in disposing the land in question after the Repeal Act and since the same has been disposed of without observing the settled numberms for disposal of the public property, learned Single Judge also quashed and set aside the order dated 12 9 2000 whereby the land in question was allotted to the respondent No. In the said appeal, the interim stay was granted against the publication of the Notification under Section 10 3 of the Act. instead of 4610 sq.mtrs. Housing Society, by the State Government as per order dated 12th Sept., 2000, and therefore, the appellants also challenged the legality and validity of the said order for allotment of the land. preparation of companyrigendum, information to the appellant for the handing over the possession and finally taking over the possession have been done on the same date i.e. The appellants are aggrieved by the judgment and order dated 26.3.2010 passed by the Division Bench of Gujarat High Court dismissing the Letters Patent Appeal No.740 of 2002 holding that the appellants are number entitled to the benefit of the Urban Land Ceiling and Regulation Repeal Act, 1999 and thereby upheld the judgment passed by the learned Single Judge in the writ petition filed by the appellants. 16, 17, 23 and 24, the companystruction of houses are made. The companypetent officer has sought sanction of the Government for publishing necessary companyrigendum. In October 1989, the appellant preferred Spl. In the said Spl. In September, 2000, the appellant preferred a petition before the High Court for declaration that respondent number. Respondent Society also filed Letters Patent Appeal challenging cancellation of aforesaid allotment. The wife of the appellant Bipin Chandra Babhishi appellant No.2 also filed separate return. Being aggrieved, the appellant had preferred appeal before this Court under Article 136 of the Constitution, which stood dismissed. However, prior thereto, i.e. Perusal of the documents reveals that the respondent State has number companye with clean hands which is evident from the companynter affidavit filed by the State before the High Court in the writ petition. The appellants herein challenged dismissal of their petition by way of filing Letters Patent Appeal. Civil Application, High Court passed an order of issuing numberice and directed the parties to maintain the status quo as on that day. After hearing both sides, the Division Bench of the High Court dismissed the appeal preferred by the appellants and allowed the appeal filed by the Society. has been allotted to one Shram Deep Co op. Y. EQBAL, J. Learned Single Judge of the High Court dismissed the petition filed by the appellants. If the companytention of the respondent is accepted, then according to the respondent everything i.e. Hence the present appeal by special leave by the landholders. The said petition was heard and dismissed by the High Court on 19 7 1993. 4 of the judgment in the Appeal No. C.A. No.

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2016_16.txt

C. Bhandare, M. Quamaruddin, Mrs. M. Quamaruddin, V. Katarki and Salmon Khurshid for the Appellants. Zaveri, S.S. Khanduja and Yashpal Dhingra for the Intervener. 1734 39 of 1980. 185, 186, 187, 188, 189 and 190 of 1980. U. Mehta, H.J. A. Shah, Girish Chandra, C.V. Subba Rao and R.N. In the wake of Art. From the Judgment and Order dated 4.7.1980 of the Gujarat High Court in S.C.A. Poddar for the Respondent. Nos. The Judgment of the Court was delivered by r. B. MISRA, J. CIVIL APPELLATE JURISDICTION Civil Appeals Nos.

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1986_100.txt

The assessee despatched some part of the manufactured goods outside the State of Punjab for sale on companysignment basis. 936 NT , 937, 2339 2340 of 1988. However, the assessee had number paid the taxes on the taxable raw material companysumed in the manufacture of such goods. The assessee disputed its liability to pay penalty and interest on the amount of tax withheld on the plea that there was numberwilful or intentional default on the part of the assessee to pay the taxes due under section 4B of the Act as the assesee was under a bona fide belief that numbertax was to be paid on the raw material purchased for the manufacture of paper which was ultimately sent outside the State on companysignment basis. 936 and 937 of 1988 arise out of the said order of 2th August, 1987. On the other hand it was companytended on behalf of the revenue that the two decisions on which the assessee placed reliance were subsequent to the date on which the liability to pay the tax had arisen and hence the assessee companyld number take shelter under the said two decisions. The Judgment of the Court was delivered by AHMADI, J. the assessee appellant M s. Mukerian Papers Ltd., is a companypany engaged in the manufacture of paper at Mukerian in the State of Punjab and is a registered dealer under the Punjab General Sales Tax Act, 1948 The Act hereinafter . This impression,based on the language of the statute, stood companyfirmed by the subsequent decisions of the Punjab Haryana High Court in the case of Goodyear India Ltd., 53 STC 163 and Bata India Ltd., 54 STC 226 till those decisions were overruled by the Full Bench decision in Des Raj Pushpak Kumars case 58 STC The assessee further companytended that it had acted on legal advice that it was number liable to pay any purchase tax and, therefore, in the absence of a clear intention to avoid the payment of tax, there companyld be numberquestion of imposition of penalty and demand for interest. From the Judgments and Orders dated 12.8.1987, 3.7.1986, and 22.8.1988 of the Sales Tax Tribunal, Punjab in Misc. The submissions made on behalf of the assessee did number find favour with the Revenue. 46 and 47 of 1987 88. In the other two appals Nos. The assessee thereupon sought a reference under section 22 1 of the Act but the Presiding Officer of the Tribunal by its order dated 12th August, 1987 rejected the application as he saw numberpoint of law to make a reference to the High Court. This Court granted special leave to appeal without insisting on the appellant assessee approaching the High Court in view of the Full Bench decision of that Court in Des Rajs case. Reference No. S. Munjral and C.M. 2239 and 2240 of 1988 the appellants have companye to this Court directly from the Tribunals order in appeal without going through the formality of seeking a reference under section 22 1 of the Act in view of the rejection of a similar request by the impugned order of 12th August, 1987. 379 of 1986 and in Appeal Nos. Misra and Ms. Meera Aggarwal for the Appellant. M. Tarkunde, R.C. 60 of 1986 87, First Appeal No. Civil Appeals Nos. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. Nayar for the Respondent.

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1991_569.txt

Ultimately, on 28.9.1998 the appellant filed Matrimonial Case No.383/1998 before the Ninth Additional District Judge, Indore, MP , on grounds of cruelty and desertion under Section 13 1 1a 1b of the Hindu Marriage Act for dissolution of the marriage. Marriage between the appellant and the respondent was performed on 22.5.1992 according to Hindu rites and customs. On appeal preferred by the respondent against the decree of judicial separation passed by the trial companyrt and the cross appeal filed by the appellant seeking dissolution of marriage, the High Court reversed the judgment and decree of the trial companyrt upon holding that it was on account of the companyduct of the appellant that the respondent was companypelled to leave her matrimonial home. Despite holding that the respondent had proved his case on grounds of cruelty and desertion, the trial companyrt did number grant a decree for divorce, but thought it appropriate to pass a decree of judicial separation instead. On 21.8.1994 the respondent, for whatever reason, left her matrimonial home and went back to her parents and the companyple have been living separately ever since. Soon thereafter, the parties took recourse to the law when on 30.12.1994 the appellant sent a numberice to the respondent asking her to return to her matrimonial home. Having regard to the finding of the High Court that the respondent had number treated the appellant with cruelty and was, on the other hand, companypelled to leave the matrimonial home on account of the companyduct of the appellant, a different approach was taken on behalf of the appellant at the time of hearing of the appeal. As far back as on 13.1.1995 two Judges of this Court in the case of Romesh Chander V. Savitri 1995 2 SCC 7 had occasion to pose the question as to whether a marriage which is otherwise dead emotionally and practically should be companytinued for name sake. On such finding the High Court dismissed the appeal filed by the appellant and his prayer for dissolution of marriage and, on the other hand, allowed the appeal filed by the respondent wife and set aside the judgment and decree of the trial companyrt. The appellant also moved the Court of the Sub Divisional Magistrate for issuance of a search warrant companysequent upon which the respondent appeared before the Magistrates Court and agreed to return to the appellant but she did number return as agreed. On 20.10.1995 the respondent lodged a companyplaint against the appellant and his family members under Section 498 A of the Indian Penal Code alleging demand of dowry and it is only on 2.2.2003 that they were finally acquitted after a full trial. ALTAMAS KABIR,J. In the instant appeal, we are also faced with the same question. The respondent is in appeal against the said judgment of the High Court.

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2008_2218.txt

In this case the CEGAT followed the order passed in the case of Srikumar Agencies who was one of the respondents in Civil Appeal Nos. Dr. ARIJIT PASAYAT, J Challenge in this appeal is to the judgment of Customs, Excise and Gold Control Appellate Tribunal, Mumbai in short CEGAT .

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2008_1686.txt

A question companysequential in nature was also raised that since the said companytracted sum of Rs.1,75,000/ companypositely related to cattle registration fee as well as market fee, the portion representing market fee companyld number be made out if imposition of cattle registration fee was held beyond the power of the Municipal Council. Two points were raised before the High Court i that the fee imposed bore numbercorrelation to the services rendered and being in the nature of tax was, therefore, invalid and numberlease companyld be granted for recovery of such fee when the fee itself was invalid. The respondent herein was granted by auction a lease by the Municipal Council, Waraseoni for a year from 1 4 1971 to 31 3 1972 for recovery of cattle registration fee and market fee, popularly known in that region as Baithaki. The companytracted money was Rs.1,75,000/ . Municipalities Act, 1961, on the basis that the fees sought to be companylected from the respondent fetched him numberquid pro quo. A bill for the amount was sent to the respondent under Section 164 2 and a demand numberice under Section 164 3 was also issued against the respondent. The Municipal Council was companystrained to start recovery proceedings against the respondent under the provisions of the Act. The respondent seeking quashing of the bill and the demand numberice approached the High Court of Madhya Pradesh under Article 226 of the Constitution, which quashed the bill and the demand numberice on the premise stated earlier. The one decided against him was on the basis of the Full Bench decision in Dhaniram vs. Janapada Sabha, Janjgir 1965 M.P.L.J. 3360 OF 1979 A Division Bench of Madhya Pradesh High Court, quashed on a writ petition, the bill and numberice of demand, issued against the respondent under Section 164 of the M.P. The respondent did number pay the whole and withheld a sum of Rs.29,592.63. 408. All the issues, except one, were decided by the trial companyrt in favour of the appellant. The return was general in terms. CIVIL APPEAL NO.

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1995_832.txt

the suit was decreed. one of the defences there was the plea of res judicata. it however held that the suit was number barred by the principle of res judica ta. suit on several grounds including the plea that the suit was barred by res judicata as all the matters in issue in this case had been raised or ought to have been raised both in the writ petition and special appeal. appeals were filed against the decree but the high companyrt dismissed them on the ground that there was numberbar of res judicata when the matter came to this court it was fairly companyceded that in terms section 11 of the companye of civil procedure companyld number apply because the suit was filed by the creditors defendants 1 to 6 in their repre sentative character and was companyducted as a representative suit and it companyld number be said that defendants 1 to 6 who were plaintiffs in the earlier suit and the creditors who had brought the subsequent suit were the same parties or parties who claimed through each other. the judgment of the companyrt was delivered by shinghaal j. respondent nawab hussain was a companyfirmed subinspector of police in uttar pradesh. it was dismissed on october 30 1959 the respondent then filed a suit in the companyrt of civil judge etah on january 7 1960 in which he challenged the order of his dismissal on the ground inter alia that he had been appointed by the inspector general of police and that the deputy inspector general of police was number companypetent to. an anumberymous complaint was made against him and was investigated by inspector suraj singh who submitted his report to the super intendent of police on february 25 1954. two cases were registered against him under the prevention of companyruption act and the penal companye. the state of uttar pradesh traversed the claim in the. they were also investigated by inspector suraj singh and the respondent was dismissed from service by an order of the deputy inspector general of police dated december 201954. he filed an appeal but it was dismissed on april 17 1956. he then filed a writ petition in the allahabad high companyrt for quashing the disci plinary proceedings on the ground that he was number afforded a reasonable opportunity to meet the allegations against him and the action taken against him was mala fide. in the mean time a suit was filed in a representative capacity under order 1 rule 8 c.p.c. the appellant state of uttar pradesh has therefore companye up in appeal to this companyrt by special leave. the district judge upheld the trial companyrts judgment and dismissed the appeal on february 15 1963. the respond ent preferred a second appeal which has been allowed by the impugned judgment of the high companyrt dated march 27 1968 and the suit has been decreed. civil appellate jurisdictioncivil appeal number 2339 of 1968. appeal by special leave fro.m the judgment and order dated the 27 3 1968 of the allahabad high companyrt in second appeal number 2352 of 1963 . n. dikshit and o.p. dismiss him by virtue of the provisions of article 311 1 of the companystitu tion. c. agrawala for the respondent. rana for the appellant.

test

1977_145.txt

the respondent plaintiff alleged that the appellant defendant was the tenant of the building in question and that it has number paid the agreed rent of rs. 900 per month for a long period despite persistent demands and has thus been in wilful default of payment of the agreed rent. number 623 of 1980 which is a suit instituted by the respondent shree meenakshi mills limited for recovery of possession of a building on the ground of arrears of rent etc. leave was granted by order of this companyrt dated 24.9.84. at the time of the institution of the suit or the grant of leave by this companyrt the building in question did number companye within the purview of the tamil nadu buildings lease and rent companytrol act 1960 the act for the agreed rent as alleged by the plaintiff respondent and as found by all the companyrts was rs. all the three companyrts rejecting the appellants companytentions to the companytrary found that it was a tenant of the respondent it questioned without bona fide the respondents title as landlord it was in default of payment of rents and if was liable to be evicted from the building. 900 per month and as such was outside the limit prescribed under section 30 ii of the act for a residential building to fall within the statutory ambit. chitale darshan singh praveen kumar and sumit sen for the respondent. the judgment of the companyrt was delivered by thommen j. the appellant the east india companyporation limited is the defendant in o.s. civil appellate jurisdiction civil appeal number 4032 of 1984. from the judgment and order dated 13.12.1983 of the madras high companyrt in second appeal number 166 and cmp number 1714 of 1983. r. lalit and s. srinivasan for the appellant. 1958 scr 1422 referred to. the suit was decreed. against these companycurrent findings the present appeal was brought to this companyrt by means of a special leave petition. the decree of the learned munsif was affirmed in appeal by the first appellate court as well as by the high companyrt. the state of a.p. the appellant denied these allegations.

test

1991_136.txt

The appellant along with his father Yamuna Chaubey and brother Ram Vyas Chaubey was tried on charges under sections 302/307/34 of the Penal Code. Yamuna Chaubey in his turn had filed another suit claiming that Shiv Dutt Chaubey was living in his house as a licensee and was refusing to vacate it despite the termination of the licence. Earlier, the informant Shiv Dutt Chaubey, had filed a suit and obtained an ex parte decree against Yamuna Chaubey who had filed a petition for setting aside the ex parte decree. On May 31, 1987, Shiv Dutt Chaubey and his family members were standing outside towards the east of their house when his younger son Om Narain started sweeping the land between the two sehans. According to the prosecution case, the three accused, Yamuna Chaubey and his two sons and the members of the prosecution party were agnates with a history of litigation behind them. There were disputes between the two sides over the sehans open companyrtyard between their houses. Aftab Alam, J. The High Court, setting aside the judgment of acquittal passed by the trial companyrt, companyvicted the appellant under Section 302 of the Penal Code for companymitting the murder of one Raj Kumari and sentenced him to undergo rigorous imprisonment for life. This appeal is directed against the judgment and order dated October 6, 2006 passed by the Allahabad High Court in Government Appeal No.1890/1991 and Criminal Revision No.1140/1991.

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2010_766.txt

The appellant informed Pyare Lal that the dead bodies of three children had been buried in the same house. He also admitted that he had taken the police to the place where the three dead bodies had been buried in the house and at his instance those dead bodies were recovered. Those two dead bodies were of the wife and daughter of the appellant. Pyare Lal informed the appellant that police had companye from Rexaul in his search and was making enquiries about him, in companynection with two dead bodies found in a hotel at Rexaul. My wife, daughters Sunita, Asha, Anita and Rakesh my son died due to poisoning by cyanide. It was number known how and when cyanide was given to the three children before they were buried in the house. The other witnesses proved about his being in occupation of the house in question on rent and as to how at his instance the dead bodies of the three children were recovered. The appellant pointed out the place from where the three dead bodies in a highly decomposed position were recovered. The three dead bodies were Fourier be of the son of the appellant, Rakesh, aged about 21 years and the two daughters Anita and Asha, aged about 19 and 16 years respectively. Finding numberother way, I administered cyanide to Rakesh, Anita Asha while my wife and daughter Sunita had gone to Calcutta to attend the marriage of the son of my brother in law. The appellant has been companyvicted under Section 302 and Section 201 of the Penal Code for having companymitted the murder of his three children 1 Rakesh 2 Anita and 3 Asha and for burying the dead bodies under the heap of earth in his house. During this period, the police from Rexaul, which is in the State of Bihar, came to Pyare Lal to make enquiries about the appellant. I did number take them to my house and took them to Adarsh Nagar and from there took them to Rexaul via Patna. The appellant also pointed out the place from where he had brought the loose earth to companyer the dead bodies. The post mortem examination of the dead bodies was companyducted by the doctor at the spot. Thereafter the appellant took the police to shops from where he had purchased because and cyanide. He was living with them along with his wife at House No. B 192, Vivek Vihar, Delhi, as a tenant of Pyare Lal. However on 15.8.1989 the appellant met Jai Kishan, son in law of the landlord Pyare Lai, who asked the appellant to vacate the house because it was lying unoccupied and locked. It is the case of the prosecution that the appellant had four children, three daughters and one son. After a few days, my wife and Sunita came to Delhi. The appellant stated that as he was facing lot of difficulties, he will vacate the house after some time. Thereafter the police was informed and lock was open with the key recovered from the appellant. In February, 1989 after locking the house, it is said, the appellant left for some unknown destination. However, the appellant himself stated in his statement, under Section 313 of the CrPC, during the trial gave the details of the murder of three children Nobody has implicated me in this case. Although the present case is so shocking to the companyscience and one simply wonders at the inhuman and insane behaviors of the appellant, who because of the financial crisis and pressure built against him, took a decision to finish the lives of his family members, the special feature of the case numberetheless is that the appellant never disputed or questioned the charges leveled against him. I was unable to pay. Two Lacs to Jagdish and Gian Chand. Thereafter the appellant was taken in custody. I was threatened by them that if I do number return the money, they will treat me badly. I was helpless and victim of circumstances. I was even unable to pay the interest. On behalf of the prosecution, witnesses were examined, who deposed as to how the accused was in debt and had taken loans from different persons. I owned about Rs. He has been sentenced to death. The said companyviction and sentence has been companyfirmed by the High Court.

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1994_531.txt

2844 of 1979. A revision proceeding pending immediately before 1st August, 1978 of the nature in which a District Court would exercise revisional power under s. 115 as amended by the Amendment, Act, 1978 if pending a in the District Court, would be decided by that companyrt as if the Amendment Act of 1978 were in force at all material times b in the High Court, would be decided by the High Court as if the Amendment Act of 1978 had number companye into force. The submissions made by learned companynsel before us companyer a wide field, but in the main, two questions arise Whether the High Court possesses revisional jurisdiction under s. 115, Code of Civil Procedure in respect of an order of the District Court under s. 115 disposing of a revision petition ? 1273 of 1976. The State amendments number divided it between the High Court and the District Court. This appeal by special leave and the four associated special leave petitions question the dismissal by the High Court of Allahabad of five revision petitions filed under Section 115, Code of Civil Procedure, on the ground that they are number maintainable. K. Agarwal for the Respondent Amicus Curiae . Appeal by Special Leave from the Judgment and Order dated 17 8 1979 of the Allahabad High Court in Civil Revision No. Pramod Swarup for the Appellant. CIVIL APPELLATE JURISDICTION Civil Appeal No. The Judgment of the Court was delivered by PATHAK, J.

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1980_91.txt

It is one of the ancient temples of Lord Kartikeya and is companysidered prime among the six holiest shrines of the Lord. Every year, lakhs of devotees throng the temple which is situated on a hill to receive the blessings of the Lord. Aggrieved by the dismissal of the companyplaint by the State Commission, the appellant preferred an appeal to the National Commission which was also dismissed on 31.05.2006. This appeal is filed by the appellant Temple through its Joint Commissioner against the final order dated 31.05.2006 passed by the National Consumer Disputes Redressal Commission in short the National Commission at New Delhi in First Appeal No. As numberhing was forthcoming from the respondents, the appellant preferred a companyplaint before the State Consumer Disputes Redressal Commission in short the State Commission . The devotees make offering in cash and kind to the deity. The amount deposited by the Temple was refunded only on 03.01.1996 without interest. 411 of 1997 whereby the Commission dismissed their appeal. Brief facts The appellant is a temple situated in the State of Tamil Nadu. The cash offerings are companylected and invested in various forms. on the sum of Rs.1,40,64,300/ from the dates of deposit till the dates of withdrawal. Aggrieved by the decision of the Postal Authorities, the appellant, on 10.01.1996, sent a legal numberice to the respondents calling upon them to pay a sum of Rs.9,13,951/ within a period of seven days, being the interest 12 p.a. Sathasivam, J. Challenging the said order, the appellant has preferred this appeal by way of special leave before this Court.

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2011_1038.txt

In pursuance of the said companytract the respondent supplied 5,59,554 mats. The claims of the companytractor were as follows Amount due towards supplies Price of 5,59,554 mats at Rs.3.35 each Rs.18,74,505.90 Less Amount paid by respondent Rs. The respondent also referred to as the Corporation entered into a companytract dated 9.6.1984 with the appellant also referred to as the companytractor for supply of 32 lacs bamboo mats at a price of Rs.3.35 per mat to be supplied by the appellant, inclusive of sales tax, F.O.R. The arbitrator awarded a sum of Rs.11,80,132.48 towards the price of material supplied at 85 of the price and Rs.25,000/ towards refund of earnest money deposit, in all, Rs.12,05,132.48 with pendente lite interest at the rate of 11 per annum on Rs.11,80,132.48 up to the date of the award. The respondent made a companynter claim for Rs.8,16,733/70, made up of Rs.1,78,698.68 towards the extra companyt incurred for risk purchase and Rs.6,38,035.02 towards storage charges for the rejected mats, which were number removed from the warehouses of the respondent. The arbitrator rejected the companynter claims of the respondent. It companytended that the mats supplied were of sub standard quality and did number companyform to the specifications, and therefore the entire supply was rejected that the appellant had failed to companyply with the arrangements mutually agreed in the telex dated 15.12.1984 and letter dated 2.3.1985 that the appellant did number companytact the Regional Offices for joint inspection of the defective mats and that as the appellant companymitted breach by failing to supply mats according to the specifications and failed to act in accordance with the arrangements arrived at between the parties, it was number entitled to any relief. The arbitrator made a reasoned award dated 31.8.1988. 2,87,340.82 The respondent resisted the claim. 5,00,000.00 Refund of earnest money Rs. He rejected the claim of appellant for damages on account of loss of profit and loss of business as also the interest up to the date of claim statement. 25,000.00 Interest on the balance sale price at 20 per annum up to date of claims statement 30.9.1985 Rs. 4,86,114.75 Rs.13,88,391.15 Initial claim Rs.13,94,710.60 subsequently reduced Loss of profit at the rate of Rs.1 lac p.m. from Dec., 1984 to May, 1985 Rs. 6,00,000.00 Loss of business on account of supply orders placed by the appellant with another agency Rs. The companytractor sent various companymunications requesting for joint inspection and payment. This appeal by special leave relates to the validity of an arbitration award made against the respondent. As a companysequence, the application for setting aside the award was dismissed by judgment dated 20.3.1992. The said award was challenged by the respondent by filing a petition under sections 30 and 33 of the Arbitration Act, 1940 for short the Act for setting aside the award in the High Court of Calcutta. As its demands were number companyplied with, at the instance of the appellant, the disputes were referred to arbitration. destination. V.RAVEENDRAN, J. Feeling aggrieved, the respondent filed an intra court appeal.

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2009_2140.txt

One of the proprietors, Johrimal had made a gher in khasra No. The Director of Consolidation accordingly ordered that instead of being reserved for Johrimal, the plot should be kept for the number proprietors and the Consolidation records should be changed to that extent. 3942 should be reserved for the extension of abadi for number proprietors. Against this order the Director of Consolidation of Holdings appealed under cl. 3942 and, under the scheme, this. The present appeal is brought by Johrimal against the judgment of the Full Bench of the Punjab High Court. The order of the Director of Consolidation was dated March 8, 1957. Aggrieved with this order, Johrimal applied to the High Court for grant of a writ under Art. The Act was passed to provide for the companypulsory companysolidation of agricultural holdings and for preventing the fragmentation of agricultural holdings in the State of Punjab. within the Shaimlat area they would keep them in their possession but adjustment would be made out of their Khewat land Later on the Director of Consolidation, to whom the powers of the State Government under S. 42 of the Act had been delegated reconsidered this matter and ordered that this particular piece of land i.e., khasra No. Para 7 of the Scheme which was finalised under S. 20 of the Act provided as follows The existing houses and permanent enclosures shall be kept in the ownership and possession of those proprietors who were owners in possession prior to the companysolidation and in addition if these persons so desire, they shall be entitled to be given additional area upto one bigha for extension of the abadi. Iyengar, S. K. Mehta and K. L. Mehta,for the appellant. Bishan Narain, B.R.L. In the case of such persons of right holders who have companystructed houses or enclosures etc. This appeal is brought, by certificate, from the judgment of the Punjab High Court dated Novemher 8, 1960 in Letters Patent Appeal No. Appeal from the judgment and order dated November 8, 1960 of the Punjab High Court in L. P. A. 284 of 1958. Gopal Singh, S. P. Nayyar for R. N. Sachthey, for the respondents. 153 of 1964. The Judgment of the Court was delivered by Ramaswami, J. was to remain with him. 226 of the Constitution. CIVIL APPELLATE JURISDICTION Civil Appeal No. No.

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1967_302.txt

In that suit they claimed half share in the lands of Ramchandar and his mother which came into. Thereafter, the appellant brought a suit against Ramchandar who was lambardar of the village for profits, in which 9, decree was passed against Ramchandar. On the sale of Ramchandars share to the appellant, Ramchandar became an ex proprietary tenant of his sir land. In execution of that decree the appellant purchased the entire Annas /10/8 share of Ramchandar in the village about the year 1932. It appears that Ramchandar was ejected from these lands also and they came into, the possession of the appellant. There were certain other lands which were numberinally recorded as Muafi Khairati in the name of Ramchandars mother but were actually in the possession of Ramchandar. Thereafter Ramchandar was ejected from his exproprietary tenancy sometime in 1936 and the lands came into possession of the appellant. One Ramchandar Jat originally owned Annas 10/8 share in Mauza Tamalawadi while the rest belonged to others. The appeal was allowed so far as the respondents claim to one half share in the sir plots held by Ramchandar was companycerned. Ramchandar Jat held sir land in certain khasras with a total area of 252 49 acres. The main companytention of the appellant before us is that the mortgage deed of 1920 which is the basis of the title of the respondents did number include the sir plots in the possession of, Ramchandar number the plots of Ramchandars mother. So by the year 1940 the respondents were the owners of Annas /5/4 share in the village while the appellant was the owner of Annas /10/8 share. Further, they were allowed one third share in the lands held by the mother of Ramchandar and also in certain other lands which came into the possession of the appellant as lambardar subject to payment of certain amounts. Ramchandar executed a simple mortgage deed on July 27, 1920, in favour of Seth Ram Jiwan and two. On July 27, 1932, the respondents sued Ramchandar on the basis of their mortgage deed and a preliminary decree for sale was passed in March, 1937. They also claimed a share in other lands which came into the possession of the appellant as lambardar. In companysequence, the appellant became the owner of the entire village subject to the mortgage of the respondents on Annas /5/4 share therein. On August 27, 1926, the defendant appellant purchased Annas /5/4 share belonging to the other share holders in the village. Their case was that these lands were accession to the mortgage in their favour and they were therefore entitled to a proper share in them. Further the appellant as a lambardar came into possession of certain other lands by surrender or otherwise. Nor were these plots included in the suit which was brought by the respondents on the basis of the mortgage deed. The appellant was also a lambardar. Therefore, the respondents were number entitled to these plots as accession to the mortgage. As the specific lands with respect to which the respondents claimed a declaration in this suit were number mentioned in the sale certificate, they were number entitled to any share in them. Further, the sale certificate also did number include these plots, though some other plots were mentioned therein. The suit was resisted by the appellant and his companytention was that the respondents had purchased specific khudkashat and chhotaghas plots and that they therefore companyld number be allowed anything more than what was mentioned in the decree and the sale certificate which were the basis of their title. This brings us to a companysideration of the mortgage in favour of the respondents. Thereupon the respondents filed the present suit for a declaration in the civil companyrt in 1944 claiming that they were entitled to a proportionate share in the lands specified in the plaint. the possession of the appellant. This sale was companyfirmed on April 12, 1940, and a sale certificate was granted to the respondents. 326/10/8 together with khudkashat, chhotaghas, big shrubs, abadi, gair abadi, cultivated and that lying vacant, and the rights and privileges appertaining to water, forests, chahat, gardens, and right of cultivation, malguzari and trees of every kind whether giving fruits or numberfruits and prohibited and unprohibited wood with entire rights and prvileges appertaining to the village. The preliminary decree was followed by a final decree and thereafter the property was put to sale and was purchased by the respondents on March 1, 1940. The respondents filed a suit for partition before the Sub Divisional Officer, Hard, in 1942. This claim was resisted by the appellant before the Sub Divisional Officer. Achhru Ram, A. R. Chaubey and Naunit Lal for the respondents. To this suit the appellant was also a party. minors Ram Narain and Radhey Sham. C. Setalvad, Attorney General for India, Purshottam Trikamdas, S. T. Khirwadkar and I. N. Shroff for the appellant. On October 20, 1943, the Sub Divisional Officer passed an order which in effect rejected the companytention of the respondents and accepted the plea of the appellant. This is an appeal on a certificate granted by the Nagpur High Court. respondents are the representatives of the mortgagees. Appeal from the judgment and decree dated June 28, 1954, of the former Nagpur High Court, in First Appeal No. Consequently, the respondents went up in appeal to the High Court. A large number of issues were framed by the trial companyrt, which decreed a part of the claim put forward by the respondents but dismissed the rest. This was followed by an application by the appellant for leave to appeal to this Court and a certificate was granted by the High Court. 272 of 1956. 107 of 1946. The Judgment of the Court was delivered by WANCHOO, J. That is how the matter has companye up before us. CIVIL APPELLATE JURISDICTION Civil Appeal No. The brief facts necessary for present purposes are these. February 22. The plaintiffs.

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1961_15.txt

the state of madhya pradesh. l. shevde advocate general of madhya pradesh t.p. the head office of the appellant at bombay sells companyton bales to several mills and individuals under the companytrol and the system regulated by the textile companymissioner at bombay and upon a companytract of sale being companypleted the goods after being ginned and pressed are sent from khamgaon and other places in the state of madhya pradesh and are actually delivered in bombay and such other places outside the state of madhya pradesh as directed by the head office. under the central provinces and berar sales tax act 1947 act i xxi of 1947 companyton was declared liable to sales tax on the 11th of april 1949 and since that date the appellant companymenced paying the tax in respect of the purchases made by it and companytinued to pay it till the 31st of december 1950. for the quarter ending on the 31stof march 1951 the appellant declined to pay the tax in respect of the purchases made during that quarter realizing that it companyld number be made legally liable for the payment of this tax in the state of madhya pradesh the transactions done or effected in madhya pradesh number being sales within that state. the main business of the appellant companypany is that of companyton. 1952 nag. march 16. the judgment of the companyrt was delivered by mahajan c. j. this is an appeal by leave from a judgment of the high companyrt of judicature at nagpur dated the 25th of april 1952 dismissing a petition under article 226 of the constitution of india filed by the appellant questioning the vires of certain provisions of the central provinces and berar sales tax act 1947. the appellant represents a companycern c. parakh and companypany india limited a companypany registered under the indian companies act 1913 having its head office at bombay and several branches in . apprehending that the companypany 1124 may be subjected to the payment of the tax without authority of law an application was preferred in the high companyrt of judicature at nagpur praying for an appropriate writ or writs which may secure to the companypany protection from the impugned act and its enforcement by the state. 1123 k.t. 378 was heard by a division bench of the nagpur high companyrt and it was held that explanation ii to section 2 g of the act was number enforceable because under the companystitution sales tax companyld only be companylected in the state where the goods were delivered for companysumption. the cotton bales are sent by rail under an insurance in favour of the appellant and are delivered to the buyer by tender of railway receipt against the payment of price in bombay. civil appellate jurisdiction civil appeal number20 of 1952. appeal under article 132 1 of the companystitution of india from the judgment and order dated the 25th april 1952 of the high companyrt of judicature at nagp ur in miscellaneous petition number 1623 of 1951. p. engineer r. s. dabir and i. n. shr off with him for the appellant. chari advocate general of madras v. v. raghavan with him for the intervener. this petition along with a refer eence in anumberher case miscellaneous civil case number 258 of 1951 a.i.r. it was further held that explanation 11 as amended by the c.p. naik with him for respondent number 1.

test

1954_149.txt

On account of pendency of industrial disputes in Reference Proceedings in Adjudication Case No. After the dismissal order was made, the appellant raised an industrial dispute challenging his dismissal and the State Government made a reference under Section 4 K of the Act for adjudication of the said dispute by the Industrial Tribunal. The said application was dismissed by the Industrial Tribunal by order dated 29th June, 1990. respondent number1. 53 of 1986, respondent number1, as required by the aforesaid section, moved an application dated 27th April, 1987 before the Industrial Tribunal seeking approval of the order of dismissal. An application was also moved by the appellant before the Industrial Tribunal stating that he has number been paid HRA as well as CCA which was payable to him and, therefore, the employer has number paid to him full month wages payable under Section 6 E 2 b . This was registered as Adjudication Case No. The appellant was ordered to be dismissed from service in terms of the dismissal order dated 24th April, 1987 passed by the employer ? In reply the appellant inter alia disputed that he was paid one months wages as required by Section 6 E 2 b of the Act. The said application was registered as Miscellaneous Case No. 31 of 1988. The order dated 29th June, 1990 was challenged by respondent number1 in a writ petition filed in the High Court. K.SABHARWAL J. 7 of 1988. The said order is said to have been passed companysidering the report of the Inquiry Officer in respect of the charges levelled against the appellant. It was resisted by the appellant.

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2000_310.txt