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L-NLProc: Legal Natural Language Processing 3

4,000/ per sq.ft. The Land Acquisition Officer in his award dated October 6, 1966, determined the companypensation Rs.5,000/ per acre in respect of some lands and Rs.3,000/ per acre in respect of other lands in the first numberification and Rs.2,000/ per acre for the lands in the second numberification and solatium and interest under Section 23 2 and Section 34 of the Act. 39 and 40 to an extent of Rs.5,000/ per sq. Notification under Section 4 1 of the Land Acquisition, 1894 for Short, the Act was published in respect of different parcels of lands on February 23, 1964 and March 1, 1964 acquiring an extent of 6.67 acres in the first numberification and 2.75 acres in the second numberification for the purpose of setting up spinning mill. On reference the civil Court by decree and award dated November 18, 1968 enhanced the companypensation to Rs.0.40 per sq.ft. The lands are situated near Nagpur Municipal Corporation practically number within urban agglomeration. On appeal by the State and cross objection by the claimants, the High Court reversed the decree and award of the reference Court and companyfirmed the award of the Collector. and Rs. Thus, these appeals by special leave.

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1996_1970.txt

It was companytended that the Registrar Superintendent of Excise has numberpower to remove them from membership of Society. On a companyplaint that number tappers were admitted and are members of the Society at the behest of a member, a writ petition came to be filed in the High Court. The authorities came to companyclude that the petitioners were number the tappers as they did number fulfil the companydition of the tapping experience etc, and accordingly were removed from the membership which decision was companyfirmed by the High Court in the writ petition as also in appeal. The provisions of the Act, the rules made thereunder and the by laws of the Society regulate the admission of the members. Pursuant to an interim direction given by the High Court to companyduct tapping test, the companypetent officers companyducted the same in that behalf. 1437/96 companyfirming the judgment of the learned single Judge, dated December 4, 1996 in Writ Petition No. was number delegated to him. This special leave petition has been filed against the Order of the Division Bench of the Andhra Pradesh, made on December 13, 1996 in Writ Appeal No.

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1997_99.txt

Likewise, by the same order dated 03.10.1990, the pay scale of the Internal Auditors was revised to the scale of Rs.1800 3200 but the pay scale of the Sub Fire Officers was number revised on par with Head Clerks and Internal Auditors. The pay scale of the post of Sub Fire Officers was Rs.225 500 which was revised with effect from 01.01.1978 to Rs.620 1200. Thereafter, by an order dated 21.03.1989, the pay scale for the post of Sub Fire Officers was revised to Rs.1640 2925 with effect from 01.01.1986 along with the pay scales of other category of employees of the Board viz. A recommendation letter dated 25.03.1991 was written by the Superintendent Engineer, GNDTP, Bhatinda to the Chief Engineer, GNDTP, Bhatinda to companysider the case of the Sub Fire Officers to grant scale of pay on par with Head Clerks and Internal Auditors stating that there will number be much financial burden, if the pay scales of Sub Fire Officers are revised equal to other categories as only five number of posts of Sub Fire Officers exist at GNDTP, Bhatinda and RTP, Ropar. Fire Protection Department is Rs.1800 3200 and therefore, the respondents Sub Fire Officers working in the appellant Board are also to be given same scale of pay. Relying on the said letter dated 25.03.1991 of the Superintendent Engineer, GNDTP, Bhatinda, the respondents Sub Fire Officers submitted various representations to the appellant Board requesting for higher pay scale on the ground that the pay scale to the post of Sub Fire Officers in the Punjab State Government Department i.e. Subsequently, by an order dated 03.10.1990, the pay scale of Head Clerks was revised from Rs.1640 2925 to Rs.2000 3500 on the recommendation of the Pay Anomaly Committee. Head Clerks, Head Clerk cum Divisional Accountants and Internal Auditors were revised. This appeal arises out of the judgment dated 28.09.2010 passed by the High Court of Punjab and Haryana at Chandigarh dismissing the LPA No.713 of 2010 on the ground that the respondents Sub Fire Officers are entitled to parity of scales of pay as the pay scale granted revised to other classes of posts within same group viz., Group XII of the Punjab State Electricity Board. Brief facts of the case are as follows Signature Not Verified Respondents were inducted into the service of the Punjab Digitally signed by State Electricity Board PSEB in the year 1978 and number they are MADHU BALA Date 2019.01.08 164930 IST Reason working as Sub Fire Officers in the appellant Board. The appellant Board being an autonomous body governed by its own regulations, it was for the Board to classify its employees posts on the basis of qualifications, duties and responsibilities of the posts companycerned. Being aggrieved, the appellant Board is before us. BANUMATHI, J. Leave granted.

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2019_832.txt

770 of 1995 on the grounds raised in the review petition. 1939 of 1995. The review petition moved by the appellant company stems from the aforesaid decision in the writ petition. This review petition was heard by another Division Bench of the High Court companysisting of H.L. Gokhale and M.S. The said review petition was heard on merits by the aforesaid Division Bench of the High Court. passed an order in Miscellaneous Civil Application No.178 of 1997 in Special Civil Application No.770 of 1995. So far as the challenge to the impugned decision in the review petition is companycerned it companysists of two questions Whether the Division Bench of the High Court on a difference of opinion between the two learned Judges was justified in dismissing the review petition under O.XLVII R. 6, CPC. Pursuant to the aforesaid order of this Court the appellant moved a review petition being Miscellaneous Civil Application No. it number discharging any affluent polluted waters into the canal. Due to the water pollution caused by the said industries the water in the khari river was numberlonger suitable for agriculture. 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 won judgment. In these appeals by special leave the appellant company has brought in challenge the judgment and order dated 24th and 25th October 1996 passed by the Division Bench of the High Court of Gujarat in Miscellaneous Civil Application No.1939 of 1995 arising from Special Civil Application No.770 of 1995. It was alleged that the industries which had been set up in the industrial estates at Naroda, Vata and Odhav on the periphery of Ahmedabad city, were discharging their polluted effluents into Kharicut canal which, in turn, leads to Khari river. After hearing the parties companycerned the Division Bench companysisting of B.N. So far as the other learned Judge M.s. 1939 of 1995 in the Gujarat High Court seeking to get reviewed the main decision in the Special Civil Application No. Shah, J., was companycerned, he took a August 1995. So far as the appellant is companycerned it also challenged the very same judgment of the High Court by filing Special Leave Petition No.24916 of 1995. Gokhale, J., by its order dated 5th/7th August 1995 allowed the writ petition and issued various directions against the polluting industries companycerned as detailed in the same judgment. Various other allegations were made in the writ petition which tried to companyer in its sweep of attack about 756 industrial units situated in the industrial estates of Gujarat Industrial Development Corporation, sited at Naroda, Vata and Odhav and also some of the textiles units and processing units situated in or hereby Ahemdabad. It was further alleged that there are about 11 villages in kheda district whose only source of water for the purpose of agriculture is from khari river. It is that writ petition which got disposed of by the order dated 5th and 7th August 1995 passed by the Division Bench of the High Court. During the pendency of the review petition additional evidence was also companysidered by the Bench as tendered by the companytesting respondents. Consequently the Special Leave Petition C No.24916 of 1995 challenging the said order was permitted to be withdrawn by this Court on 20th December 1996. Leave granted in Special Leave Petitions challenging the judgment and order dated 24th and 25th October 1996 passed by the Division Bench of the High Court of Gujarat in Miscellaneous Civil Application No. It runs as under When in review proceedings arising out of the decision of the Division Bench of two learned Judges of the High Court rendered in a writ petition under Article 226 of the Constitution of India which is in the nature of original proceedings, the two learned Judges deciding the review petition differ on questions of fact or law, whether a reference to a third learned Judge is required to be made for disposal of the review petition as per the majority opinion of the three learned Judges or whether on difference of opinion between them on these questions, the petition is required to be dismissed under Order XLVII Rule 6, Code of Civil Procedure, 1908 CPC for short , keeping the order, sought to be reviewed untouched. A public interest litigation petition was moved i n the High Court of Gujarat by the two writ petitioners who were agriculturists having agricultural lands in kheda district of Gujarat state. Kirpal, CJ. A Bench of two learned Judges of this Court companysisting of Honble K. Ramaswamy and B.L. Shah, JJ. Patel and M.S. By an order dated 17th June 1997 a Division Bench of the High Court companysisting of B.C. Said petition was moved under Article 226 of the Constitution of India. as he then was , and H.L. Kirpal, CJ., was elevated as Judge of this Court. Shah, JJ., as in the meantime B.N. passed the following order on 17th November 1995 in the Special Leave Petition of the appellant The petitioners specific case set up in this Court is that is that it has already set up the affluent treatment plant as early as in 1985 at a companyt of Rs. Hansaria, JJ. Ultimately by an order dated 24th October 1996 Gokhale, J., came to the companyclusion the appellant company was number companyered by the impugned directions companytained in the judgment in the writ petition. As the aforesaid question goes to the root of the matter we thought it fit to hear the learned companynsel for the respective parties on this question at the outset. It is number in dispute between the parties that some of the industries companyered by the said judgment came to this Court by way of Special Leave Petitions which were dismissed by this Court. In the said writ petition the present appellant was also one of the companytesting respondents. Said decision was rendered by Gokahle, J. on various reasons mentioned therein. It addition thereto the agricultural lands in these villages had lost their fertility and the water drawn from the wells was having reddish companyour even when it was from the depth of about 300 ft. Apart from the merits of the companytroversy raised by the appellant company against the aforesaid judgment, it is necessary to numbere at the outset one important procedural question which arises for companysideration in these appeals. By companysent of learned advocates of parties the appeals were taken up for final hearing. Counsel for the petitioner seeks for and granted two months time. 1.5 crore and that its case was mixed up with other cases. B. Majmudar, J. as numbered earlier.

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1997_816.txt

The application filed by the appellant under Order 21, Rule 90 was dated 27 8 69 on which date there was numberOrder of adjudication against him. The question which engaged the attention of the learned single Judge as well as the Division Bench was primarily the question as to whether the appellant was entitled to maintain the application under Order 21, Rule 90 in view of the fact that a petition for adjudicating him an insolvent had been preferred and had sub sequently been Ordered. 297 of 1974. However, an insolvency petition had been preferred against him on 24 6 68 and the adjudication Order was passed on 7 8 80. The Division Bench of the High Court, by the said Order, companyfirmed an Order of the learned single Judge who had, in turn, companyfirmed an Order passed by the executing Court rejecting the appellants application under Order 21, Rule 90 of the CPC. The appellant has preferred this appeal from the Order of the Gujarat High Court in L.P.A. No.

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1990_681.txt

The appellants have been granted companypensation at the rate of Rs.2000/ per Pomegranate Tree. We find from Civil Appeal Nos.11404 11405 of 2016 that this Court has fixed companypensation at the rate of Rs.3,000/ per pomegranate tree, as against Rs.2000/ fixed by the High Court, in respect of the acquisition for the same project, for which numberification was issued in the year 1994. However, they shall number be entitled to statutory interest for the period of delay in approaching this Court or the High Court.

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2018_904.txt

A 29 who was identified by Tella Prakasam PW 35 and Tella Sundaramma PW 38 as a person who was armed with spear. A 5 was been named by Tella Soloman PW 12, Tella Yesobu PW 32 and Tella Subba PW 55 as a member of the unlawful assembly and was armed with a stick. A 1 has been named by Tella Mariyamma PW 14, Tella Victoria PW 16, Duddu Sulochna PW 21, Tella Bennu PW 45, Tella Singaiah PW 51, Tella Bujji PW 53, Duddu Issack PW 57, Duddu Makaiah PW 66, Duddu Bhaskar Rao PW 72, Pandiri Nageswara Rao PW 76, Tella Papaiah PW 78 and Kommuri Lyman PW 79 as member of unlawful assembly. A 27 was identified by Tella Yebu PW 10, Munnangi Suvatratha PW 20 and Tella Bennu PW 45 as a person armed with an axe. A 57 has been named by Tella Kanthamma PW 13, PW 15 and Tella Anandam PW 39 as a person present along with other accused persons. A 56 was identified by PW 15 and Tella Singaiah PW 51 as a member of unlawful assembly. A 86 was identified by PW 13, PW 16, PW 17, PW 41 and Tella Yesu PW 74 as a person who was present with other accused persons. A 65 was identified by Tella Yacob PW 31 and Duddu Issack PW 57 as a member of the unlawful assembly. A 85 was named by Tella Rebunu PW 36, PW 39 and PW 58 as a member of the unlawful assembly. Thereafter other accused persons assaulted Munnangi Ankaiah PW 2, Manda Pentaiah PW 5, Chunduru Doss PW 6, Tella Symon PW 7, Nune Visranthamma PW 8, Munnangi Nageswara Rao PW 9, Tella Yebu PW 10, Vusurupati Ramanamma PW 11, Tella Solomon PW 12, Tella Kanthamma PW 13, Tella Mariyamma PW 14, Munnangi Laxmaiah PW 15, Tella Victoria PW 16, Duddu Sulochana PW 17, Benthat Veeraiah PW 18, Daddu Yesu PW 19, Duddu Veeramma PW 22, Thella Leelamma PW 24, Pilli Mastan PW 25, Tella Mukkanti PW 46, Tella Moshe PW 47 and Pandiri Nageswara Rao PW 76. A 66 was identified by PW 14 and Tella Leelamma PW 24 as a person present along with other accused persons. A 42 was identified by Duddu Prabhakar PW 23, Thella Leelamma PW 24, Tella Sujanamma PW 26, PW 28, PW 35 and Duddu Marthamma PW 48 as a member of the unlawful assembly. A 2 was identified by Munnangi Laxmaiah PW 15, Tella Victoria PW 16, Tella Salomi PW 30, Tella Singaiah PW 51 and Duddu Makaiah PW 66 who have specifically stated that this accused was present at the place of occurrence and was armed with lathi. About A 16, Tella Moshe PW 47 and Duddu Makaiah PW 66 have stated that this accused was member of the unlawful assembly. A 52 was identified by Tella Anandam PW 39 as a person present with other accused persons. A 43 was identified by PW 15, Tella Ankamma PW 63 and Kommuri Lyman PW 79 as a person present with other accused persons. A 69 was named by PW 15, PW 20, Katti Chandraiah PW 21, PW 35, Duddu Masthnamma PW 40, PW 45 and Tella Bujji PW 53 as a person present along with other accused persons. A 50 was identified by PW 13, PW 16, Duddu Sulochana PW 17 and PW 79 as a member of the unlawful assembly. A 13 was identified by Tella Moshe PW 47 and Duddu Prasad PW 68 as a person present at the time of the occurrence with a spear. A 72 was identified by Tella Symon PW 7 and Benthat Veeraiah PW 18 as a member of unlawful assembly. A 73 was named by Pilli Mastan PW 25 and Tella Yesobu PW 32 as a person who was present with other accused persons. A 14, according to the evidence of Tella Sundaramma PW 34 and Tella Moshe PW 38 was armed with an axe and was present at the time of the occurrence. A 45 was identified to be member of unlawful assembly by a solitary witness Tella Prakasanm PW 35. A 39 was identified by PW 15, PW 35 and Duddu Yacob PW 42 as a person who was present along with other accused persons and armed with spear. A 15 was identified as a member of unlawful assembly armed with a stick by Duddu Veeramme PW 22 and Duddu Prabhakar PW 23. A 82 was identified by PW 15 and PW 41 to be a person who was present along with the accused persons. A 68 has been identified by Duddu Bennu PW 61 as a member of unlawful assembly. Munnangi Abraham PW 4 and Manda Pentaiah PW 5. A 55 was named by PW 17 and Duddu George PW 41 as a person present along with other accused persons. About A 22, Tella Mariyamma PW 14 stated that he was member of the unlawful assembly and was armed with a stick. A 48 was named by PW 3 and PW 47 as a person who was present along with other accused persons. A 17 was identified by Duddu Makaiah PW 66 and Kommuri Lyman PW 79 as a person who was present at the time of the occurrence with other accused persons. A 18 was identified by Pilli Mahalakshmi PW 58 and Duddu Bennu PW 61 as a member of the unlawful assembly who was armed with axe. A 12 was identified by PW 38 and PW 68 as a person who was present at the place of occurrence with a spear. A 76 was identified as a member of the unlawful assembly by PW 32 alone. A 21 was identified by Pilli Mastan PW 25 and PW 58 as a person who was present at the place of occurrence along with other accused persons. A 31 was identified by PW 38 as a person armed with an axe. A 19 was identified by Munnangi Laxmaiah PW 15 and Benthat Beeraiah PW 18 as a person who was at the place of occurrence along with other accused persons. A 36 was named by Tella Ammaiah PW 62 who was number examined by the police and numberexplanation is forthcoming for the same. A 32 has been named by PW 15 as a person present along with accused person. A 58 was identified by the solitary witness PW 79. Likewise A 80 was identified as a member of unlawful assembly by PW 57 alone. So far as A 24 is companycerned, he was identified as a member of unlawful assembly as well besides assailant by PW 4 and PW 5. A 92 is said to have been identified by PW 18 alone. On the intervention of PW 76 the matter was again pacified. At that time A 1 and A 69 were pacified by PW 76, thereupon A 1 and A 69 went to the house of PW 20 along with Pothina Thirupathaiah A 27 and others and abused and assaulted her PW 20. Both of them went to Madiga Kunta and started abusing PW 76, who is numberody else than brother in law of PW 20. Deceased Duddu Ramesh D 5 is also said to have been assaulted by the accused persons. At that time, Munnangi Suvartha PW 20, who was also present there, protested whereupon A 69 assaulted her also and at that point of time Pandiri Nageswara Rao PW 76 intervened and pacified the matter. Apart from filing the appeals by the State, on behalf of the Tella Zedson PW 1, three special leave petitions have been filed challenging the same very order of acquittal which were registered as SLP Crl. Munnangi Abraham PW 4 stated that a large number of Kammas, including all the accused persons, were gathering under the neem tree and were armed with spears, axes, sticks and casurina sticks. The remaining 29 accused persons of police case and the other accused persons of companyplaint case were acquitted. During the companyrse of cross examination, it was suggested to the witness that in his statement made before the police he did number state that he was chased by the accused persons which suggestion was denied by him though Investigation Officer, PW 104 deposed that PW 4 did number state before him that some of the Kammas chased him. After the occurrence the accused persons fled away. During trial out of the accused persons of police case five persons died and cases of five were separated, companysequently 84 persons were tried along with accused persons of companyplaint case. Thereupon A 4, A 12 and A 23 to A 26 and some other persons are said to have chased deceased Tella Yevasu D 4 and assaulted him indiscriminately with stout sticks by A 4, A 25 and A 26, with spears by A 12 and A 23 and with an axe by A 24. On appeal being preferred by the companyvicted accused persons their companyvictions have been set aside whereas appeal filed by the State challenging the order of acquittal in relation to 20 persons of police case has been dismissed by the High Court whereupon the present appeals have been filed by the State by special leave and special leave petitions by Tella Zedson PW 1 as stated above. So far A 93 is companycerned numberwitness stated that he was member of the unlawful assembly. So far A 40 is companycerned numberwitness stated that he was member of unlawful assembly. So far A 67 is companycerned, numberwitness stated that he was member of the unlawful assembly. Fifty accused persons of the said case, viz., Rayannedi Sitaramaiah A 2, Chaganti Nageswara Rao A 5, Vankayalapati Laxminarayana A 11, Yarlagadda Arjunarao A 12, Pothina Raghavaiah A 13, Yarlagadda Butchinaidu A 14, Daggupati Masthanarao A 15, Daggupati Nagamna A 16, Perni Aajaiah A 17, Perni Pratap A 18, Perni Venkanna A 19, Kondragunta Narasimha A 21, Jagarlamudi Babi A 22, Pothipa Tirupataiah A 27, Pothina Rangaiah A 29, Jagarlamudi Sanjivaiah A 31, Jagarlamudi Ramu Alias Radhakrishnamurthy A 32, Pthina Lakshminarayana A 33, Perni Venkatasubbaiah A 35, Yarlagadda Subbarao A 36, Pothina Akkaiah A 39, Goturu Alias Gottipati Lakshmiah A 40, Goturi alias Gottipati Venkateswarlu A 42, Daggupati Kishore A 43, Daggupati Paparao A 44, Gottipati Venkateswarlu A 45, Daggupati Hari A 48, Pothina Krishna Murthy A 49, Yarlagadda Ramesh A 50, Yarlagadda Apparao A 52, Kampalli Veeranarayana A 55, Pothina Venkatesubbaiah alias Venkatasubbaiah Chowdary A 56, Pothina Prasad A 57, Daggupati Brahmanaidu A 58, Veerathu Prasad alias Ramprasad A 59, Rayaneedi Venkateswarlu A 65, Pothina Ranganayakulu A 66, Talluri Paparao A 67, Balija Subba Rao A 68, Pothina Srinivasarao A 69, Yarlagadda Venkateswarlu A 72, Yarlagadda Singaiah A 73, Yarlagadda Tirupataiah A 76, Yarlagadda Veeranarayana A 80, Mandava Vithal alias Panduranga Vithal A 82, Gorantla Tirupathaiah A 85, Daggupati Anjaiah A 86, Pothina Gnanayyagari Subba Rao A 91, Nadendla Papa Rao A 92 and Jagarlamudi Satyam alias Sriramulugari Satyam A 93, though acquitted of the other charges, were companyvicted under Section 148, IPC and out of them four persons, viz., A 27, A 35, A 44 and A 65 were sentenced to pay a fine of Rs. So far as A 33 is companycerned, numberwitness has stated that he was a member of the unlawful assembly. So far as A 11 is companycerned, numberwitness stated that he was member of unlawful assembly. Three appeals were filed before the High Court against the judgment of the trial companyrt, one by fifty persons who were companyvicted under Section 148 IPC, another by five accused persons who were companyvicted under Sections 302 and 148 IPC and the third appeal by the State of Andhra Pradesh challenging the order of acquittal in relation to twenty persons, viz., Yarlagadda Nayugamma A 8, Mandava Radhakrishna Murthy A 9, Gorantla Anjaiah A 10, Yarlagadda Udayabhaskara Rao A 20, Pothina Mohana Rao A 28, Yarlagadda Anjaneyulu A 30, J. Ramu A 32 Puvvati Nageswararao A 37, Yarlagadda Nageswara Rao A 46, Charukuri Venkateswarlu A 47, Yarlagadda Somaiah A 53, Yarlagadda Brahmaiah A 54, Ganta Tirupathaiah A 60, Daggupati Krishnamurthy A 61, Yarlagadda Venkanna A 62, Daggupati Rattaiah A 63, Pothina Laxminarayana A 64, Chaganti Nayudamma alias Vaddila Nayudamma A 74, Mandava Venkatesubbaiah alias Subbarayudu A 75, and Yarlagadda Krishna Murthy A 90 all of whom were accused in police case. Some of the accused persons had taken the plea of alibi. No appeal was filed in relation to the remaining nine acquitted accused persons of police case and acquitted accused persons of companyplaint case. Upon companyclusion of trial, out of 84 accused persons of police case, trial companyrt companyvicted five accused persons under Sections 302 and 148 IPC whereas fifty accused persons under Section 148 IPC. The remaining twenty nine persons of the police case and other accused persons of the companyplaint case were acquitted of the charges. So far as deceased Tella Moshe D 2 is companycerned, he is said to have been chased by A 23 to A 25 and assaulted him with spear on his head as well as on his left leg by A 23, with an axe on right leg and head by A 24 and with a stout stick on his left hand by A 25. At that point of time upon the instigation of A 1, A 2, A 19, A 36, A 37 A 77 to A 79 A 3, A 14, A 16 and A 20 are said to have chased deceased Tella Muthaiah D 3 and assaulted him with a stout stick by A 3, with an axe by A 14 and with spears by A 16 and A 20. Thus, the remaining eighty four accused persons along with accused persons in the companyplaint case filed for the same occurrence and also companymitted to the companyrt of sessions to face trial, were charged and tried and by judgment rendered by trial companyrt, out of eighty four persons of police case, five accused persons, viz., Rayaneedi Prasad Accused No. The witness then stated that D 2 and D 3 were running and accused Yarlagadda Butchinayudamma A 14 , Gammathy Anjaiaha A 24 , Pothina Krishna Murthy A 49 , Yarlagadde Siviah A 51 , Daggupeti Brahmanayudu A 58 armed with sticks, axes and spears were chasing them shouting that they should be done to death. 356 of 1999 against the order of acquittal rendered by the High Court in relation to fifty accused persons, Criminal Appeal No. 356 of 1999 and two persons of Criminal Appeal No. Further prosecution case was that on 17.07.1985 at about 7.00 am the accused persons went to Madiga Palli armed with spears, axes, crowbars and stout sticks with an ulterior motive to companymit offences. Out of ninety four chargesheeted accused persons of the police case, who were companymitted to the companyrt of sessions to face trial, five persons died during trial and case of other five were separated as they were absconding. 358 of 1999 which is against the order whereby acquittal of twenty accused persons has been companyfirmed by the High Court. 3 , A 33 Respondent No 18 , A 40 Respondent No 22 , A 67 Respondent No 38 and A 93 Respondent No 50 are companycerned, numberwitness stated that they were members of unlawful assembly. When they arrived there deceased Duddu China Vandanam D 1 was washing in a Kostam called Dharmaraju Kostam near a church when A 6, A 7, A 15 and A 16 upon the instigation of A 14, A 18, A 36 to A 43, A 66, A 73, A 75, A 76 and A 77 assaulted D 1 with axes and spears. 356 of 1999 five persons, viz., respondent number 19 P.V. 34 , A 68 Respondent No 39 , A 76 Respondent No 43 , A 80 Respondent No 44 and A 92 Respondent No 49 have been identified as a member of unlawful assembly by a solitary witness, as such it is number safe to place reliance thereon in the facts and circumstances of the present case. During assembly elections, members of Kammas companymunity supported Telugudesam Party and the Madigas Congress Party. The said five deceased persons succumbed to their injuries. The immediate cause for the incident was that on 16.07.1985 at 3.00 pm A 69 took his cattle to fresh water tank at Madigapalli, which is companymonly known as Madiga Kunta, and when he was taking out water therefrom for drinking of buffaloes, the same was protested by Chandraiah PW 21, upon which he was given a beating by A 69. Learned Magistrate took companynizance in both the cases and summoned accused persons of both the cases and they were companymitted to the Court of Sessions to face trial. Subba Rao A 91 died. Apprehending that something untoward may happen, when the witness started running towards the tank, accused Chatanti Subba Rao A 27 , Puvvada Rattaiah Nageswara A 57 and Puvvada Rattaiah A 91 were running behind him. 357 of 1999 against the same acquitting five persons who were companyvicted by the trial companyrt under Sections 302 and 148 IPC and the third being Criminal Appeal No. 1, in short A 1, Chaganti Satyanarayana A 4, Chaganti Subbarao A 7, Rayani Alias Gammathu Raghavaiah A 23 and Rayani Alias Gammathu Anjaiah A 24 were companyvicted under Section 302 of the Indian Penal Code hereinafter referred to as IPC and sentenced to undergo imprisonment for life. A First Information Report hereinafter referred to as FIR was lodged in which the police upon registration of the case took up investigation and upon companypletion thereof submitted chargesheet against ninety four accused persons whereupon a companyplaint was filed before the learned Magistrate in which apart from ninety four accused persons against whom chargesheet was submitted names of seventy more persons were disclosed who were number sent up by the police. Although one more person is said to have received injuries but it is number known whether he received injuries during the companyrse of the present occurrence as numberaccused person in the present case has been charged for his murder. 17 , A 45 Respondent No 26 , A 52 Respondent No 30 , A 58 Respondent No. 358 of 1999 is companycerned, therein also three persons, viz., respondent number 1 Y. Naidumma A 8, respondent number 3 G. Anjaiah A 10 and respondent number 15 Y. Venkanna A 62 died. 10,000/ each, in default, to undergo simple imprisonment for a period of six months whereas the remaining forty six accused persons undergo rigorous imprisonment for a period of three years. 356 of 1999 who were facing charge under Section 148 I.P.C., A 22 Respondent No 13 , A 31 Respondent No 16 , A 32 Respondent No. High Court allowed both the appeals filed by the accused persons and acquitted them of the charges and dismissed the appeal filed on behalf of the State of Andhra Pradesh and companyfirmed the order of acquittal. Defence of the accused persons was that they were innocent, had numbercomplicity with the crime and numberoccurrence much less the occurrence alleged had taken place but they were falsely implicated on account of two factions in the village. 358 of 1999, we are required to companysider cases of 17 respondents only, three having died. 357 of 1999 in relation to the charge under Section 148 I.P.C. Subbaiah A 35, respondent number 25 D. Papa Rao A 44, respondent number 28 P. Krishna Murthy A49, respondent number 35 D. Brahmanaidu A 59 and respondent number 48 P.G. 357 of 1999 in relation to respondent Nos. Likewise, in Criminal Appeal No. 357 of 1999 respondent number 2 C. Satyanarayana A 4, respondent number 3 Subba Rao A 7 and respondent number 4 R. Raghavaiah A 23 died during its pendency. Feeling humiliated, A 69 informed about the incident to his brother in law Rayaneedi Prasad A 1. Before this Court, three appeals have been filed by the State of Andhra Pradesh viz., Criminal Appeal No. A 1, A 69 and their relatives who belonged to Kamma companymunity felt humiliated and they wanted to teach a lesson to the Madigas with the help of their caste men. Prosecution case in short was that since long time past dispute was going on between two companymunities, viz., Kammas and Madigas Harijans in village Karamchedu. So far as Criminal Appeal No. Another witness to prove the charge of murder against A 24 is Manda Pentaiah W. 5. In this way, out of the aforesaid 45 respondents of Criminal Appeal No. Members of the Kamma companymunity were having grievances against the Madigas as they were number giving due regard and number extending companyrtesy to them which was being extended since time immemorial. They were further companyvicted under Section 148 IPC and sentenced to undergo rigorous imprisonment for a period of three years. Out of fifty respondents of Criminal Appeal No. Both the sentences were, however, ordered to run companycurrently. So far A 11 Respondent No. In relation to these seventeen respondents the High Court has companyfirmed order of acquittal. Defence examined four witnesses and adduced documentary evidence. N. AGRAWAL, J. 2, 3 and 4 is held to have abated in view of the fact that they died during the pendency of this appeal and the appeal filed against respondent No. In this way these three appeals in relation to the aforesaid eleven respondents abated. Prosecution examined 104 witnesses and adduced documentary evidence. Trial in both the cases was taken up jointly and only one set of evidence was recorded therein. 3788 90 of 1998 and the same were directed to be heard along with the said appeals.

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2008_2689.txt

A meeting of the Nagar Palika was companyvened on December 14, 1990 to companysider the motion. that of the President himself against the motion. The minutes of the meeting recite the following facts. When the meeting companymenced, sixteen members including the President were present besides, Shri Ram Dular Yadav, MLC, who claimed to be an ex officio member of the Nagar Palika. Municipalities Act, 1916, the District Judge, Sultanpur numberinated Shri Vishram Singh, First Additional Civil Judge, Sultanpur to preside over the meeting. A motion expressing want of companyfidence in him was moved by the requisite number of members. 12911 M B of 1990. Three women, numberinated as members by the Government on the previous day, presented themselves and sought participation in the meeting. A dispute was raised with respect to their right to participate in the meeting on the ground that by that date they had number taken the oath of allegiance. As required by Section 87 A 4 of the U.P. His claim was companysidered and rejected by the Presiding Officer. The Judgment of the Court was delivered by P. JEEVAN REDDY, J. On February 1, 1993, we granted leave to appeal in the special leave petition and allowed the civil appeal setting aside the judgment and order of the Allahabad High Court dated August 12, 1993 in Writ Petition No.

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1993_698.txt

541/2002 Issue numberice.

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2002_703.txt

The insurance policy companyering the scooter of respondent number5. 3,89,000/ The tribunal absolved the appellant insurance companypany from liability on the ground that numbernotice of the transfer of the insured vehicle had been given to the appellant insurance companypany in the manner prescribed by the 1939 Act. 5 Bal Krishan had insured his scooter with the appellant insurance companypany for the period 7.3.1989 to 6.3.1990. This petition was opposed by the insurance companypany on two grounds a that the deceased was a pillion rider and the insurance policy did number companyer the liability towards a pillion rider and, b that, although, the original insurer respondent number 5. had sold the scooter to respondent number1 before the accident neither was any intimation of such sale was given, number was the insurance policy got transferred in favour of respondent number1. For companyering liability to pillion passengers endorsement of I.M.T. It is also an admitted position that the registration certificate of the scooter was transferred in the name of Tilak Raj but numbernotice thereto was given by the transferor respondent number 5 to the appellant insurance companypany for transfer of the insurance policy and the insurance certificate in the name of the transferee i.e. 3,89,000/ but set aside the finding of the tribunal that the insurance companypany was number liable under the policy and held that the insurance companypany was jointly and severally liable along with the appellant for the payment of the amount of companypensation determined and awarded. Being aggrieved thereby, the appellant insurance companypany is before this Court. 70 pertaining to accident to unnamed hirer driver pillion passenger, is required on the insurance policy, which may be obtained by payment of additional premium. 9/93 before the High Court and assailed the findings of the tribunal on all the issues, particularly its absolution of the insurance companypany from liability. Respondent number5 denied his liability on the ground that he had ceased to be the owner of the scooter prior to the accident. On 23rd March 1989 the scooter was admittedly sold by respondent number5 to respondent number1, Tilak Raj. On 31.10.1989 one Rajinder Singh, who was riding as a pillion rider while the scooter was being driven by respondent number 1, died as a result of an accident. The companye issue involved in this appeal is Whether a statutory insurance policy under the Motor Vehicles Act, 1998, intended to companyer the risk to life or damage to properties of third parties, would companyer the risk of death or injury to a gratuitous passenger carried in a private vehicle. Respondent number1 appealed against the award by FAO No. Only respondent number1 was held liable for payment of the companypensation determined by the tribunal together with interest and companyts. With effect from 1.7.1989 the Motor Vehicle Act, 1939 hereinafter referred to as the 1939 Act was repealed and the Motor Vehicle Act, 1988 hereinafter referred to as the 1988 Act came into force. The Motor Accidents Claims Tribunal hereinafter referred to as the tribunal made an award dated 8.12.1992 and came to the companyclusion that the accident had taken place due to rash and negligent driving on the part of respondent number1. Respondents 2 to 4 being the legal heirs wife and minor daughters of the deceased Rajinder Singh moved an application under Section 166 of the Motor Vehicles Act, 1988, seeking companypensation for the death of the deceased Rajinder Singh. did number companytain an endorsement of IMT 70. It also held that the claimants respondents 2 to 4 were entitled to a total companypensation of Rs. Respondents 2 to 4 also filed cross objections and sought increase in the companypensation awarded. Respondent No. The High Court by the impugned judgment upheld the finding, as to the quantum of companypensation at Rs. respondent number 1. Srikrishna, J.

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2006_1187.txt

In 1951, the various departments of the Bank were re classified into three Groups, Group I, Group II and Group III. In 1955, Group I was the largest of all the three Groups on the basis of the total number of officers in Grades B and above in each of the three Groups. The 25 petitioners are all officers in Group I. The subsequent expansion in staff strength has been greater in Groups II and III than in Group I with the result that by the end of 1975, the total strength of Officers in Grade B and above was the smallest in Group I as companypared to the other Groups. In each of these Groups, there are six grades of officers based on pay scales, namely, Grades A, B, C, D, E and F, the lowest being Grade A and the highest being Grade F. Each Group had its own seniority List, that is to say, there were four separate seniority lists, one for each group. All promotions were made from two separate companymon seniority lists, one for the specialised or technical group and the other for the banking group. Group I companysisted of Staff attached to the Department of Research and Statistics, Group II of the Staff attached to the Department of Banking operations, the Department of Banking Development and the Agricultural Credit Department and Group III of the Staff attached to the other Departments on the General Side. These are 25 petitions under Article 32 of the Constitution of India challenging the decision of the Reserve Bank of India as regards the introduction of companymon seniority and inter group mobility amongst different grades of officers belonging to Group I Section A , Group II and Group III, with retrospective effect from May 22, 1974. With regard to higher grades including officers in Grade promoted prior to January 1, 1970 , the Bank decided to retain the group wise seniority as at present. One such decision which the Bank took was to prepare a companymon seniority list for and to provide for inter group mobility at the lowest level officers in each group, namely, Grade A officers, including those who were promoted to Grade B on or after January 1, 1970. 8, dated January 7, 1978, the Bank stated that it had decided to companybine the seniority of all officers on the basis of their total length of service including officiating service in Group I Section A , Group II and Group III. The implementation of the scheme of inter group mobility is being stalled by the Banks internal administration, which was companytrolled solely by a small section of officers drawn from Group I, which all along had unfair advantage of accelerated promotions as companypared with officers in Groups II and III. The petitioners, all of whom are officers in Group I, were given their due seniority as of July 1, 1976. For officers at the base level, namely, A Grade direct recruits , the Bank had maintained a companymon list of seniority in place of group wise lists since 1968. The Staff attached to the Agricultural Credit Department was reconstituted into a new Group, namely, Group IV with effect from April 1, 1955. Since these measures did number meet the situation adequately, the Bank initiated a dialogue with the respective Associations for introducing a companybined seniority for the various grades in different groups. Grades E and F were left untouched and numberintention was expressed in the above circular to introduce either companybined seniority or any scheme for inter mobility in these grades. In some groups, expansion was quicker and greater than in others. Group V was created for the staff of the Industrial Department Bank of India with effect from April 1, 1965. The departments were regrouped again into three Groups, with effect from April 1, 1951. To mention but a few, the drawbacks were i Unequal size of one Group as companypared to another, ii Uneven expansion in one Group as companypared to another, and Earlier companyfirmations of Officers in one Group as companypared to those in another. While the increase in the total number of officers in Grade B and above in Group I over a period of twenty years was 280, the companyresponding increase in Groups II and III was 451 and 1100 respectively. The inter group mobility in Grades C and D was to be introduced only to a limited extent, namely, on a swap basis It was first to be introduced in Grade C and thereafter to be extended in due companyrse to the officers in Grade D. The two higher Grades viz. The Reserve Bank of India was companystituted on April 1, 1935 under the Reserve Bank of India Act, 1934. The seniority of all officers in each of the three Groups was to be companybined with effect from May 22, 1974 on the basis of their total length of service, including officiating service, in the grade in which they were then posted on a regular basis. 15, dated 22.5.1974 , a companybined seniority for A and part of D grades, with retrospective effect. The number of officers in Grade A, however, companytinues to be the largest in Group I on account of the operational nature of its functions. It recommended a system of promotion from a lower grade to higher grade which would ensure, among other things, to the largest extent possible, equality of opportunity of promotion among all officers in the same grade and effective operation of mobility of officers between different departments and groups. The Thareja Committee, like the Cadre Review Committee, unanimously recommended the introduction of companybined seniority simultaneously for all grades of officers. In regard to the operation of the companybined seniority scheme, the Committee recommended its immediate introduction for A and B grades and within a period of two years for the C grade. In regard to C and D Grades, the circular provided for mobility and interchangeability on a swap basis, but the Officers Association protested against it and demanded immediate and simultaneous introduction of companybined seniority and interchangeability for the rest of the grades also. That is the answer made by the Reserve Bank to the petition. Accordingly, the staff attached to the various departments were regrouped into Groups I, II, III and IV, with effect from April 1, 1957. Katara, Manager, Bombay Office, to work out the modalities of the implementation of the companybined seniority scheme for grades C to F and to determine the operative date for companybining the seniority. A Committee of the Central Board of the Bank decided to appoint May, 22 1974 as the date for integration as a via media and also because, it was on that date that the Bank had announced to its officers its decision on companybined seniority, mobility and interchangeability. During the first decade after the inception of the Bank in 1935, these functions were carried out through three departments The Banking Department, the Issue Department and the Agricultural Credit Department. Fixation of January 1, 1970 as the date for integration would have adversely affected the interests of Group 1 officers while the other date January 1, 1976, would have adversely affected the interests of officers in other groups. The case of the petitioners is that the Administrative Circular and the draft Combined Seniority list are violative of their rights under articles 14 and 16 of the Constitution because a The companybined fixation of seniority has the effect of treating unequals as equals in so far as officers belonging to different groups are companycerned, whose appointment, recruitment, promotion and seniority had all along been fixed, accepted and acted upon on a group wise basis and b Recruitment, selection and promotion of officers having been made on a group wise basis from time to time and their seniority having been fixed accordingly, the seniority is number fixed retrospectively from an arbitrary date viz., May 22, 1974. In accordance with the decisions expressed in the aforesaid circular dated May 22, 1974, the Bank published separate seniority lists of officers in Grade B and above for the years 1974, 1975 and 1976. The latest of such lists, prior to the impugned companybined seniority list, is dated July 1, 1976. The selections for this purpose are to be made by the Reserve Bank of India Services Board. 679 dated April 27, 1978 and has been acted upon in the draft companybined seniority list of officers in Grade B appointed as such prior to January 1, 1970 and in Grades C, D, E and F The companytention of the petitioners is that the aforesaid circular, office order and companybined seniority list are violative of their fundamental rights under Articles 14 and 16 of the Constitution, and are also ultra vires the power, jurisdiction and companypetence of the Reserve Bank of India, being without the authority of law and in companytravention of the provisions of the Reserve Bank of India Act, 1934. The Industrial Finance Department and the Department of Non Banking Companies were added to Group II in September 1957 and March 1966, respectively. It is clear from this narration of historical events that the various Departments of the Reserve Bank were grouped and regrouped from time to time. In spite of this, the total number of posts of senior officers and the percentage of such posts as companypared with those of junior officers companytinued to be smaller in Groups II and III. Under the Reserve Bank of India Staff Regulations, 1948 framed under section 58 of the Act, the terms and companyditions of service of the staff including officers of the respondent Bank were revised and regulated. The Agricultural Credit Department was trifurcated into three branches with effect from August 1, 1945 i the Agricultural Credit Department, ii the Department of Research and Statistics and iii the Department of Banking Operations. Originally, the writ petition was filed against two respondents only 1 The Reserve Bank of India and 2 the Chief Manager, Reserve Bank of India, Department of Administration Personnel, Central Office, Bombay. The Reserve Bank had companystituted a Cadre Review Committee in 1970, companyprising Shri Justice J.L. The facts leading upon the impugned decision dated January 7, 1978, the office order dated April 27, 1978, and the draft companybined seniority list are as follows The Reserve Bank of India Respondent No. Khanna, Chief Officer, Department of Banking Operations and Development, and Shri T.D. The Reserve Bank and the companytesting respondents have joined issue with the petitioners on all these questions. 1 was established under the Reserve Bank of India Act, 1934, hereinafter referred to as the Act. The first two branches, which were of a specialised nature, were grouped together for the purposes of promotions of officers while the third branch was grouped for that purpose with the banking group on the General Side. This system of grouping companytinued until 1955, in which year the Bank found it necessary to reorganise the Agricultural Credit Department. The petitioners did number implead to the petition any of the officers belonging to the other groups who are likely to be affected if the relief sought by the petitioners is granted. The grouping was revised with effect from April, 1951 when employees were asked to exercise their option with regard to the Group of their choice. Saxena, was then the Deputy Chief Officer, Department of Banking Operations and Development, New Delhi, while respondent 4, Shri S. Acharya, was Deputy Chief Officer, Agricultural Credit Department, Chandigarh. Officers in Groups II and III also took a longer time generally for companyfirmation as the posts against which they were promoted were either initially sanctioned on a temporary basis and companytinued as such for quite sometime before they were made permanent or the vacancies were caused by deputation of regular officers to companymercial banks, state companyoperative banks, etc. Following the persistent demand made by the majority of the officers, the Bank appointed a Committee companyprising Shri L. Thareja, the then Chief Manager, as Chairman, Shri K. Madhava Das, Chief Officer, Agricultural Credit Department, Shri P.N. The Committee submitted a report in October 1972, on the basis of which the Bank issued Administration Circular No. The companytention of the petitioner is that the Regulations were framed under section 58 of the Reserve Bank of India Act, 1934 that they cannot be altered by administrative circulars that companyditions of service cannot be framed by administrative circulars but must be framed by Regulations made under section 58 of the Act and that, the impugned circular and seniority list violate their right to equal treatment in the matter of their service companyditions and career. These companytentions, particularly the first, have to be answered in the light of historical data governing the companystitution and management of Services under the Reserve Bank, from time to time. These writ petitions were filed by the petitioners on June 10, 1978 in order to challenge the Administration Circular, the Office order and the Combined Seniority List referred to above. Thereafter, groupings and regroupings have been a companytinuous process to meet the needs of the changing situations, and the present scheme of companybined seniority which is one such, has companye about as a matter of administrative, and historical and functional necessity. The main purpose of companystituting the Bank, as stated in the Preamble of the Act was To regulate the issue of bank numberes and the keeping of reserves with a view to securing monetary stability in India and generally to operate the currency and credit system of the companyntry to its advantage. The Bank decided that pending the submission of the report by this Committee, all future promotions namely those effected from 1.1.1976, will be purely ad hoc and provisional. It is in order to meet this situation that several measures were initiated by the Bank and by the Associations of employees of various categories. 15, dated May 22, 1974, specifying the decisions taken by it in the light of the recommendations made by the Committee. The Chairman and one member favoured January 1, 1976 as the date of integration while the remaining two members favoured January 1, 1970. Thus, the petitioners plea is an attempt to perpetuate the unfair and unequal privileges which they had enjoyed over the years without any justification and with detriment to Banks interests a fact which has been recognised by an impartial tribunal like the Cadre Review Committee. The Staff Regulations of 1948 are in the nature of standardised companytractual companyditions of service. 4158 4182 of 1978. Nain, then a sitting Judge of the Bombay High Court, Shri V. Isvaran, C.S. Ramaswamy, a Management Expert. 8 dated January 7, 1978 as also in Office Order No. Respondent 3, Shri M.P. Sen, I.N. Under article 32 of the Constitution of India S. Nariman, B.R. Gokhale for the Petitioners. Later, by an order dated July 24, 1978, respondents 3 and 4 were allowed to join in the petition on their own application. In companyrse of time, new functions came to be added as a result of new measures so as to meet the growing needs of an expanding economy. K. Garg, S. Balakrishnan and M.K.D. These Regulations were amended from time to time. R. Mridul, Mrs. Shobha Dikshit and Mrs. Urmila Kapoor for the intervener. The Judgment of the Court was delivered by CHANDRACHUD, C.J. for which numberpermanent vacancies were created. Namboodiry for Respondent No. Retd. Agarwala and P.G. Shroff and H.S. Parihar for Respondents Nos. and Prof. N.S. ORIGINAL JURISDICTION Writ Petitions Nos.

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1982_47.txt

under s. 194 e they were fined rs. 20/ each but numberseparate sentences were passed against them under s. 191 1 b h and s. 194 b of the act. 191 1 a and b and 194 b and e read with s. 436 of the merchant shipping act 1958. each of them was sentenced to suffer rigorous imprisonment for one month under s. 191 1 a read with s. 436 of the act and also to forfeiture of 1/25 of the wages due. k. chakravarti g.s. bose for respondent number 1. b. mehta and indu soni for respondent number 2. the judgment of the companyrt was delivered by hidayatullah j. this is an appeal on behalf of ten appellants who were charged for deserting their ship s.s. nilgiri on or g about april 22 1964. they were companyvicted under ss. criminal appellate jurisdiction criminal appeal number 19 of 1965. appeal by special leave from the judgment and order dated e january 11 1965 of the calcutta high companyrt in criminal revision number 46 of 1965. k. sen and s.c. majumdar for the appellants. their application for revision in the high companyrt of calcutta was summarily rejected. chatterjee for p.k. they number appeal by special leave granted by this companyrt.

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1967_342.txt

Mukesh w o Shri Rakesh. Mukesh w o Shri Rakesh is respondent No. Mukesh w o Shri Rakesh have entered into a companypromise. The appellant filed an application for impleadment of companyplainant Smt. On 27/1/2014 this Court permitted impleadment. Thus, the companyplainant Smt. During the hearing of this appeal, this Court was informed that the appellant and the companyplainant Smt. Affidavit dated 3/10/2013 has been filed by the companyplainant stating that with the intervention of respectable persons of the village and relatives from both sides, the matter has been companypromised between her and the appellant and number there is numberdispute between them, at all. The Sessions Court did number accept those affidavits and proceeded to companyvict the appellant. The appellant was companyvicted by the Sessions Judge, Faridabad in Sessions Case No. The substantive sentences were ordered to run companycurrently. 12 of 2001 for an offence punishable under Section 451 of the Indian Penal Code IPC . Being aggrieved by the said judgment, the appellant preferred an appeal to the Punjab and Haryana High Court which came to be dismissed and, hence, this appeal. Leave granted. 2 in the present appeal. It is further stated that respondent No.

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2014_102.txt

The statements of Sawarmal and Chandri have been recorded as PW4 and PW5 respectively. Out of total 35 witnesses, 28 witnesses have already been examined and they were cross examined at length. The evidence of PW4 and PW5 was recorded on different dates in the months of November and December 2010 and in March 2011. Statements of 28 witnesses have been recorded in the trial. During police investigation and examination companyducted by the prosecution, they had supported the prosecution story. During the police investigation and examination companyducted by the prosecution, wherein they have supported prosecution story, it cannot be said that at such time, the witnesses were under any pressure. Learned companynsel for the appellant, urged that PW4 and PW5 were examined in the Court on different dates in the months of November and December 2010 and in March 2011. The witnesses were also cross examined at length and it cannot be said that they were in any kind of pressure and that the applications were filed with a view to favour the accused persons. The Sessions Judge by the order dated 24.4.2012, dismissed the applications observing that the 28 witnesses had already been examined in the case so far. Prahlad Jat and Mahavir, the two accused persons, moved the petition before the High Court for quashing the said order and the High Court has allowed the applications of PW4 and PW5. In the applications, the witnesses have stated that respondent Nos.1 and 2 had numberrole in the incident. The appellant is the paternal brother of the deceased and is one of the prosecution witnesses. PWs 4 and 5 filed applications before the trial companyrt for further examination on 27.2.2012 and 26.3.2012 respectively. Criminal Miscellaneous Petition No.1679 of 2012, whereby the High Court of Rajasthan Jaipur Bench has allowed the criminal miscellaneous petition filed under Section 482 of Code of Signature Not Verified Digitally signed by DEEPAK MANSUKHANI Date 2017.09.18 145526 IST Criminal Procedure, 1908 and has set aside the order dated Reason 24.04.2012 passed by Additional Sessions Judge Fast Track , Sikar. Thereafter, both moved applications before the Sessions Judge under Section 311 of Cr. for re recording their statements on the ground that the previous statements were made under the influence of the police. A charge sheet No.22 of 2009 dated 20.3.2009 was presented under Sections 302, 201, 342, 120 B IPC against respondent Nos.1 and 2 and three others. P.C. ABDUL NAZEER, J. Charges have been framed under the aforesaid Sections against the accused persons. to bring on record the best possible evidence to meet the ends of justice. Keeping this principle in mind the High Court has allowed the petition. 1 This appeal is directed against the order dated 22.5.2012 in B.

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2017_675.txt

On 1.10.75 the Technical Service Rules of the I.C.A.R. 330 560 with effect from 1.1.73. 425 700 with effect from the date the Technical Services Rules of the Indian Council of Agricultural Research I.C.A.R. 425 15 5 EB 15 560 20 700 T 4 ii Rs. 550 25 750 EB 30 900 T 5 iii Rs. came into force. On the report of the Third Pay Commission, that scale was revised to Rs. for short came into force.

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1994_1085.txt

This is an appeal by special leave by Subbaiah Amba lam against the judgment of the Madras High Court companyfirming on appeal and reference the companyviction of the appellant under Section 302, I.P.C. R. Kanna, J. and the sentence of death.

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1976_57.txt

The Collector had given his sanction for the companystruction of the building for the State Bank. Defendants 1 and 2 in violation of the provisions of the patta and the Act companystructed a building on the plots in dispute and let that out to the State Bank of India, Phulpur. Defendants 3 and 4 were impleaded as pro forma defendants. The building was also number companystructed for the purpose for which the plots had been let. In the written statement it was pleaded, inter aha, by defendants 1 and 2 that the building had been companystructed by them with the sanction of the District Collector on April 4, 1960 when the Collector was the Receiver of the Phulpur Estate in which the demised plot was situate. The letters on which the defendants relied for the purpose of showing the permission of the Collector companyld number be companystrued in such a way as to infer any sanction or permission having been granted by him to companystruct the building for the purpose of a bank. Another letter was sent by the Agent of the State Bank of India, Allahabad, to the defendants companyfirming that the proposed site for the branch of the State Bank at Phulpur had been approved by the Collector. It was alleged in the plaint that defendants 3 and 4 were previously the original tenants of the plots in dispute which were situate within the limits of the town area of Phulpur in the district of Allahabad. After this a patta for agricultural purposes was executed in the year 1368 Fasli in favour of defendants 1 and 2 whereunder they got rights of agricultural tenants. The suit was dismissed by the Judicial Officer City Allahabad on the ground that the Collector who was acting as Receiver of the disputed land had given his companysent for the companystruction of the building by the defendants which amounted to companysent by the landholder for an Improvement within Section 65 of the Act. The only question which survives is whether the permission of the Collector had been obtained in his capacity as Receiver for companystructing the building which was subsequently leased out to the State Bank of India by the companytesting defendants Our attention has been invited to a letter dated January 30, 1960 from the District Magistrate, Allahabad to the Agent, State Bank of India. The following points were agitated before the High Court on be half of the defendant appellants The suit was liable to be dismissed because the disputed plots were numberlonger agricultural land having been demarcated as number agricultural area under Section 3 of the U.P. The lease was number companyfined to agricultural purposes only. The lease was found to have been given for agricultural purposes. It was alleged that for the aforesaid reason the tenants namely defendants 1 and 2 were liable to be ejected. The Additional Civil Judge on appeal, however, held that there was numberhing on the record to show that the Collector gave his permission in his capacity as Receiver for companystruction of the building. A suit was filed under Section 172 of the U.P. Tenancy Act 1939, hereinafter called the Act, by the plaintiff against four defendants for ejectment. This letter may be reproduced With reference to your letter dated 30 1 60, I companyfirm that in view of the fact that you propose to get a building companystructed according to your specification and also to the fact that you have already taken a building of similar specification on Rs. If the numberification was applicable then it would have been necessary to determine whether the suit was liable to abate under Section 5 2 of the U.P. Urban Area Zamindari Abolition and Land Reforms Act. Consolidation of Holdings Act 1954 as amended by U.P. This companyrse had to be adopted as a point had been raised about the suit having abated by virtue of the afore said numberification. On the first point the High Court held that the provisions of the aforesaid Land Reforms Act did number affect the suit. The original tenants relinquished their tenancy rights and gave up possession. By an order made on September 25, 1970 we called for a report on the question whether the numberification issued by the U.P. The appeal was allowed by him and the suit for ejectment was decreed. As the parties were in dispute on the question whether the numberification applied we called for a finding from the High Court in the matter. The High Court submitted a report dated January 4, 1971 expressing the opinion that the numberification in question did number apply to the land in dispute. Government dated July 25, 1964 applied to the land In dispute. Act 21 of 1966. This is an appeal by special leave from a Judgment of the Allahabad High Court dismissing a second appeal affirming the decree granted by the first appellate Court. N. Grover, J. The facts may be stated. That companyclusion was number challenged before us.

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1971_494.txt

They moved bail applications before the Meerut Distt. Kotwali, Meerut, and thus investigation on being transferred to P.S. Kotwali, Meerut, the case was registered as Case Crime No.190/2008. Jain who had earlier served as a judicial officer in Meerut Court. 686 of 2010 alleging that his younger brother Sunil Kumar alongwith Puneet Kumar Giri, who were residing in Sitaram Hostel of the Meerut College, were number traceable and went missing the previous evening. The appellant submitted an unconditional apology dated 21.11.2009 submitting that the application was sent by him as he had been misguided by the advocates of District Meerut and he was in great mental tension as his nephew had been murdered. The relevant part of the companyplaint filed by the appellant reads as under That Akhalakh family have good companynection with all judges posted at Meerut. Another inmate of the same hostel Sudhir Kumar was also reported untraceable. Baleni, District Baghpat on 23.5.2008 by Anil Kumar, appellant in companynected Criminal Appeal No. It was on 14.8.2009 during the pendency of the said applications that the appellant submitted an application to the Honble Chief Justice of Allahabad High Court alleging that the accused therein were gangsters and had accumulated assets worth crores of rupees by their criminal activities. During investigation, many accused persons including one Haji Izlal were arrested. The accused persons were closely related to a local M.L.A. Aggrieved, all the accused persons filed bail applications before the High Court of Allahabad. In this appeal, impugned judgment and order dated 5.2.2010 passed by the High Court of Judicature at Allahabad in Contempt Application Crl. 15 of 2009, by which the appellant stood companyvicted for companymitting criminal companytempt under the provisions of Contempt of Courts Act, 1971 hereinafter referred to as the Act and sentenced to undergo simple imprisonment for one month and to pay a fine of Rs.20,000/ and in default to undergo simple imprisonment for two weeks, has been assailed. The very next day, three dead bodies of the said missing persons were found on the banks of river Hindon. The High Court examined the companyplaint and placed the matter on the judicial side on 12.11.2009. A companyy of the said companyplaint was also sent to the Chairman, Bar Council of U.P. The High Court after companypleting the trial companyvicted the appellant vide impugned judgment and order dated 5.2.2010 and awarded the sentence as referred to hereinabove. During investigation, it came to the numberice of the police authorities that the place of occurrence fell within the territorial jurisdiction of P.S. and they had links with the Judges of the High Court including Mr. Justice S.K. Facts and circumstances giving rise to this appeal are that An FIR was lodged in P.S. A criminal case was therefore registered. Court which stood rejected. Dr. B.S. Chauhan,J. M.P. We have companysidered the rival submissions made by learned companynsel for the parties and perused the record. Hence, this appeal. and Ex.

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2014_636.txt

At Dharamshala the victim told everything to one Riyaz who was like a brother to her. In the house the appellant had forcible sexual intercourse with her, after which he asked the victim to spend the night at his house. However she ran away and returned to Dharamshala and slept there. In the trial the victim was examined as PW 2 who reiterated her version as stated above. On 30.07.1997 after having visited her brother at Khetalpur, she had returned by bus and alighted at Bajna bus stand at about 1000 P.M. She was sitting near a Ghumti when the appellant approached her and suggested to her to spend the night at Dharamshala with his children. She then accompanied him to Dharamshala but since there were numberchildren he took her to the house of another person. The appellant came back to Dharamshala and suggested that he companyld make arrangements for her in the bus at which time a policeman also came. The victim, an adivasi woman, though married was staying with her parents at Devipada. Thereupon the appellant went to get the keys of his house, during which time she came back to Dharamshala situated at the bus stand. The victim having refused to go, he caught her hand and forcibly took her to his house. The appellant came back and finding the victim to have fallen asleep, woke her up and tried to take her to his house. The instant matter arises out of FIR No.93 of 1997 lodged on 31.07.1997 at about 610 a.m. by PW 2 victim to the effect that in the previous night the appellant herein had companymitted rape on her and following was her version. There a man suffering from fever was sleeping and on the appellant suggesting that the victim be allowed to sleep there, said man raised objection. The victim was sent for medical examination and was examined by Dr. Sarojini Ben Patel PW 1 who found numberinjuries on the private or external parts of her body and the doctor companyld number give any opinion about rape. In the appeal preferred by the appellant the High Court relied on the testimony of the victim and companyfirming the order of companyviction and sentence it dismissed the appeal. The appellant having been apprehended was also sent for medical examination and was found to be capable of having sexual intercourse. Riyaz who was examined as PW 3 however did number support the case of the prosecution and was declared hostile. The Trial Court however acquitted the appellant of the offence under section 3 2 5 of the SC and ST Atrocities Act, 1989. After due investigation, the appellant was charged for having companymitted offence under Section 376 IPC and under Section 3 2 5 of the SC ST Atrocities Act, 1989. 442 of 1998 affirming the judgment and order of companyviction and sentence passed by the Sessions Judge, Ratlam in Sessions Trial No.18 of 1997. Next day i.e., on 31.07.1997 she reached the police station and lodged FIR exhibit P 2 as stated above, on the basis of which the investigation was undertaken. The present appeal arises at the instance of the appellant challenging his companyviction and sentence. Uday Umesh Lalit, J. While granting special leave to appeal the appellant was directed to be released on bail vide order dated 09.09.2013. This appeal challenges the judgment and order dated 31.08.2012 passed by the High Court of Madhya Pradesh, Indore Bench in Criminal Appeal No.

train

2014_485.txt

There is a property companysisting of three tenements belonging to the respondent landlord situated over revenue survey No. Feeling aggrieved, the landlord has preferred these three appeals by special leave. The appeals filed by the landlord were allowed by the appellate Court by a companymon judgment holding Bombay Act inapplicable. 2002 Supp 1 SCR 652 The Judgment of the Court was delivered by C. LAHOTI, J. Second appeals preferred by the three tenants have been allowed by the High Court which has set aside the judgment of the appellate Court and restored those passed by the trail Court.

train

2002_524.txt

it was further indicated that by plywood it was meant only plywood which had a general market and number plywood circles specially manufactured for a particular purpose or a particular customer. by this numberice the range officer also mentioned that the assessment of the plywood circles would be made at the panel stage and number on the finished circles and directed m s. oriental timber industries to file ari furnishing the area of plywood at the panel stage. in the numberice dated 22.2.1967 issued by the range officer the range officer had also mentioned that the said numberice was issued as the collector of customs had ordered that the assessment of plywood circles would be made at the panel stage and number on the finished circles. the audit objection pointed out that the levy of excise duty must be on the total area of blocks or panels of plywood that came out of the press and number on the area of the circles made out of the blocks or panels. in companysequence of the audit objection the range officer central excise irinjalakuda the appellant number 2 herein issued a numberice on 22.2.1967 to m s. oriental timber industries the respondent in the appeal calling upon the respondent to furnish area of the plywood manufactured at the panel stage for taking clearance of the plywood circles. it this stage the oil is a refined oil and is suitable for hydrogenation into vegetable product. the judgment of the companyrt was delivered by amarendra nath sen j. the question for companysideration in this appeal by special leave is whether the plywood manufactured by the respondent and utilised by the respondent in manufacturing plywood circles to be used as component parts of packing material for wire and cables is exigible to excise duty under the central excise and salt act 1944. the respondent is a manufacturer of plywood circles to be used as companyponent parts of packing materials for wire and cables. on 13.2.1967 an audit objection was taken to this mode of assessment of excise duty on the ground that the process of cutting out circles and punching of holes cannumber be considered as incidental or ancillary to the companypletion of the manufacture of plywood. the trial companyrt decreed the suit holding that the circles were number liable to excise duty. what was sought to be taxed was the refined oil at this stage but that companytention was rejected because the companyrt held that the oil produced at that stage is number knumbern as refined oil to the consumers in the companymercial companymunity and be described as refined oil only after deodorization. the respondent used to be assessed to duty under the central excise and salt act 1944 hereinafter referred to as the act on the basis of the total area of the circles manufactured and the duty used to be companylected when the circles were issued out of the factory premises. numbercopy of the order was furnished to the firm or the advocate and instead the range officer on 24 2 1967 issued a further numberice to the firm reiterating the stand earlier taken in the numberice dated 22 2.1967 and this numberice dated 24 2 1967 further directed that duty paid on plywood panels cleared outside the factory could number be brought back for further process of cutting circles without obtaining prior permission. for the sake of companyvenience we shall describe the range officer central excise irinjalakuda who happens to be second appellant before us as the range officer and we shall refer to the companylector of customs and central excise cochin the first appellant before us as the companylector and m s. oriental timber industries the writ petitioner before the high companyrt and the respondent before us in this appeal will be described as the firm. the firm sent a reply to this numberice on 23 2.1967 through the lawyer asking for a companyy of the order of the collector referred to in the numberice of the range officer. 472 the respondent hindu joint family business filed a suit challenging the imposition of excise duty on circles of kansi and brass prepared in the process of manufacturing utensils. the companyrt examined the process of manufacture of vanaspati and found that vegetable number essential oils as obtained by crush. manufactures the following namely five hundred plates sheets circles strips and foils rupees per in any form or size. a ing companytaining the impurities were first produced as raw vegetable as number essential oils. it further appears that the advocate of the firm had also addressed a letter on 24 2 1967 to the companylector requesting the companylector for a companyy of the order. in this process the companyouring matter is removed and the moisture that was originally present in the neutralised oil will also be removed. metric tonne. the union of india representing the excise authorities preferred an appeal to the supreme companyrt. rate of duty copper and companyper alloys companytaining number less than fifty per cent by weight of copper in any crude form including ingots three hundred rupees bars blocks slabs billets shots per metric tonne. on 28.2.1967 the firm filed a writ petition in the high court in which the validity of the aforesaid numberice was challenged and obtained an order of stay of the operation of the aforesaid numberices the writ petition came up for final hearing on 27.3.1969.a learned single judge of the high court passed an order to the effect that the companylector of customs would issue a companyy of the order referred to in the numberice of the range officer dated 22.2.1967 within a month from that date and on receipt of that order the firm might seek appropriate remedies by way of appeal under the statute the writ petition was accordingly disposed of on the basis of the said order. rule 49 of the central excise rules hereinafter referred to as the rules referred to in the companyrse of the arguments and also in the judgment of the high companyrt does number in the facts and circumstances of this case have a material bearing on the question in dispute. they had then to undergo 1 119631 supp 1 scr 586 2 1968 3 scr 21 the process of refining which companysisted of adding an aqueous solution of an alkali which will companybine with the free fatty acids to form a soap and settle down with it a large amount of suspended and mucilaginumbers matter after settling the clear supernatant layer is drawn off and treated with an appropriate quantity of bleaching earth and carbon is then filtered. and pollets. the appellate companyrt in the first appeal and the high companyrt in the second appeal confirmed the decree. pipes and tubes ten per cent ad valorem. k pillai and a.g. pudissery for the respondents. against the said order of the learned single judge the firm preferred an appeal to the division bench of the high court. for reasons recorded in the judgment delivered on 21.7.1670 the division bench of the high companyrt allowed the appeal and quashed the said two numberices. civil appellate jurisdiction civil appeal number 21 of 1971 from the judgment order dated 21.1.1970 of the kerala high companyrt in w.a. number 820 of 1969 c. mahajan n.s. das bahl and r.n. the companyrectness of the judgment of the division bench has been questioned in this appeal by special leave granted by this companyrt. 1 1970 2 s.c.c. poddar for the appellants.

test

1985_76.txt

B dated 28.2.57, the State Government is pleased to declare all medicinal and toilet preparations and other spirituous preparations companytaining more than 20 proof alcohol to be liquor for the purpose of the said Act and Rules. Drugs Control and Cosmetics Act, 1940 enacted by the Federal Legislature , the Drugs Control Act, 1950, the Spirituous Preparations Inter state Trade and Commerce Control Act, 1955, the Medicinal and Toilet Preparations Excise Duty Act, 1955 and the Delhi Municipal Corporation Act, 1957 companylectively companyer the entire field of legislation in respect of which the ISP Rules were framed as amended . The main ground of challenge of the petitioners was that the Punjab Excise Act had numberapplicability to the Ayurvedic preparations in question. With effect from 17th March, 1987, by virtue of Notification dated 3rd March, 1987, the ISP Rules became applicable to Ayurvedic and Unani preparations as well. F 49/ 8 SR 53 dated 15.2.1957, R.G.G.I. 1.5.1950. Several writ petitions were filed in the High Court of Rajasthan laying challenge to the companystitutional validity of Rajasthan ISP Rules published vide numberification dated November 6, 1989 and the numberification dated 8.5.1990 abovesaid.

train

2001_213.txt

about 82000 candidates appeared in the test for group iv services. 18 to 108 or the other employees in group iv services who were appointed pursuant to their being successful in the special qualifying test held by the public service companypression in 1976. the petitioners failed to avail themselves of the opportunity of qualifying themselves for regular appointments by appearing at the special qualifying test held in 1976 although they were eligible for the test. the government was also prevented from replacing the temporary employees including the petitioners by the candidates who were successful in the said qualifying test. the appointments of the public service companymission candidates are therefore the last regular appointments as companytemplated by g.o.ms. the andhra pradesh administrative tribunal as stated already held that the appointments of the public service companymission candidates were regular appointments. the successful candidates were appointed to additional posts in group ii and group iv services sometime in 1977 or 1978. the temporary employees made a representation to the government that their appointments should be regularised without requiring them to appear at the special qualifying test. number 725 dated december 28 1973 the government of andhra pradesh directed the public service companymission to companyduct a special qualifying test for recruitment in group iv services with a view to regularising the temporary appointments made during the ban period. the petitioners are working in group iv services in various departments of the government of andhra pradesh. one of the companyditions of eligibility for appearing at the said qualifying test was as fixed by the public service companymission two years of service as on 1.1.1973. as the petitioners were appointed after april 1974 the question of their appearing at the said qualifying test did number arise. by memo number 1806/ ser b/78 2 dated 25.1.1979 the government proposed to fix the inter se seniority between the public service companymission candidates that is those who passed in the qualifying test held in 1976 and the temporary employees who did number appear at the qualifying test. the temporary employees including the petitioners who were appointed on or after january 2 1974 became eligible only in 1976 in which year a test for recruitment through public service companymission was companyducted to facilitate all temporary employees including the petitioners to companypete for regular appointments. it appears that those who appeared at the said test were all absorbed in the regular service. number647 the services of the employees belonging to group iv services would be regularised from the date of last regular appointment in that category or from the date of temporary appointments whichever is later and subject to the decision of the andhra pradesh administrative tribunal. on the representation of the temporary employees who were number absorbed the public service companymission companyducted anumberher special qualifying test as directed by the government by o. ms. number 787 dated numberember 9 1976. the petitioners could number avail themselves of the said test as they had number put in two years of service as on 1.1.1976 as fixed by the public service companymission. the petitioners however did number appear at the said qualifying test even though they were eligible for the same. being aggrieved by the said memo certain public service companymission candidates belonging to group ii services filed a representation petition being r.p.number 145/79 before the andhra pradesh administrative tribunal. number 447 of 1979 was filed by certain other public service commission candidates belonging to group iv services including the respondents number. at the same time the petitioners and others who did number appear at the qualifying test in 1976 began to put pressure on the government for their absorption. the government seems to have yielded to the pressure brought to bear upon it by these temporary employees as a result of which the appointments of successful candidates in the said test companyld number be regularised. number647 the services of the petitioners will be regularised subsequent to the respective dates of appointments of the respondents number. while the said representation petitions were pending before the andhra pradesh administrative tribunal the government of andhra pradesh issued g.o.ms. number 647 dated september 14 1979 the government directed regularisation of the temporary employees including the petitioners without subjecting them to any test written or oral. number 646 dated september 14 1979 whereby the temporary employees including the petitioners were exempted from appearing at any examination and the posts held by them were withdrawn from the purview of the public service companymission. m. nirmala 309 others and the appeal by special leave filed by the state of andhra pradesh have been heard together as they involve the companymon question as to the seniority of certain employees of the government of andhra pradesh in group ii and group iv services. most of the petitioners were appointed after april 1974 as temporary employees under general rule 10 a i 1 . in 1973 the ban on recruitment through public service commission was partially lifted. group ii services relate to the posts of junior assistants in the secretariat and group iv services relate to the posts of lower division clerks lower division assistants lower division typists and stenumbertypists. number 682 the government of andhra pradesh put a ban on direct recruitment of all categories of state and subordinate services pending the recommendations of the backward classes companymission. the government order being g.o.ms. by anumberher order being g.o.ms. such appointments were made under the general rule 10 a i 1 on a purely temporary basis. number in view of the said decision of the andhra pradesh administrative tribunal and the directions companytained in o.ms. the state of andhra pradesh being aggrieved by the said order of the tribunal passed in r.p. in spite of the said order baning direct recruitments the government had to appoint employees in all departments in view of exigencies of circumstances and in the public interest. chaudhary miss malini poduval and miss r. george for the petitioners. number 2735 of 1986. subba rao for the respondents in c.a. number 647 dated september 14 1979 on which much reliance has been placed by mr. patti learned companynsel appearing on behalf of the petitioners does number support their claim of seniority from the respective dates of their appointments after april 1974. under the said g.o.ms. number 2735 of 1986. the judgment of the companyrt was delivered by dutt j. the writ petition number 106 of 1980 under article 32 of the companystitution of india preferred by the petitioners smt. i subsequently anumberher representation petition being r.p. with civil appeal number 2735 of 1986 arising out of special leave petition civil number 2775 of 1980. s. potti k.r. chari and miss. 106 of 1980. ram kumar for the appellant in c.a. 18 to 108 in the writ petition. original jurisdiction writ petition number 106 of 1980 under article 32 of the companystitution of india. by g.o. number 145 of 1979 has preferred the instant appeal by special leave. on august 18 1970 by g.o. k. ramamurthy t.v.s.n. v. grover for the respondents in w . number.

dev

1986_400.txt

The, Aluminium Company time chartered a ship M. V. Sparto belonging to a number resident companypany called Sparto Compania Naviera of Panama. On March 20, 1970 the ship left for Alfred port, Canada. The said ship called at the port of Betul, Goa, on March 1, 1970 where it loaded 13,000 long tons of bauxite belonging to the time charterers, the Aluminium Company. 51,191 by way of income tax under the aforesaid provision. The ship was allowed to leave the port of Betul on the basis of a guarantee bond executed by the respondent in favour of the President of India, undertaking to pay the income tax payable by the time charterers under section 172 of the Income tax Act, 1961. 31 of 1970. In 1970, respondent acted as the shipping agent of Aluminium Company of Canada, Limited which is a number resident companypany. The question as to whether the respondent is liable to pay the income tax demanded of it by the Income tax Officer, depends for its decision on the companystruction of section 172 of the Income tax Act, 1961, which read as follows at the relevant time 172. 31 of 1970 in the Court of the Judicial Commissioner, boa, asking for a writ of Mandamus directing the Income tax Officer to withdraw the demand numberice. On April 15, 1970, the First Income tax Officer, Margao, Goa, issued a demand numberice to the respondent for payment of Rs. The respondent, Gosalia Shipping Private Limited, which is a companypany incorporated under the Indian Companies Act does the business of Clearing and Forwarding and as Steamship Agents. From the Judgement and Order dated the 29th October 1971 of the High Court of Goa, Daman and Diu in S.C.A. 1735 of 1972. T. Desai, M. V. Shah and R. P. Kapur for Respondent. By a judgment dated October 29, 1971, the learned Judicial Commissioner allowed the respondents Writ Petition and passed an order quashing the demand numberice. S. Desai and Miss A. Subhashini for the, Appellant. Having obtained from the Judicial Commissioner a certificate of fitness to appeal to this Court under article 133 1 b and c of the companystitution, the Union of India has filed this appeal. The Judgment of the Court was delivered by CHANDRACHUD, C.J. The respondent filed Special Civil Application No. CIVIL APPELLATE JURISDICTION Civil Appeal No. No.

train

1978_393.txt

38 of 1952 hereinafter referred to as the Act of 1952, on the 27th February, 1958. On 9th February, 1959, the Delhi Rent Control Act, 1958 No. A suit for ejectment on the ground of failing to pay arrears of rent was instituted against the appellant, Bant Singh Gill, by the respondents under the provisions of the Delhi and Ajmer Rent Control Act, 1952 No. The suit, as originally instituted, was clearly a case under s. 33 of the Act of 1952 which is as follows 33. 59 of 1958 hereinafter referred to as the Act of 1958, came into force and became applicable to the premises which were the subject matter of the pending suit. The appeal purported to be under s. 34 of the Act of 1952. 2207 of 1966. On 13th March, 1961, the appellant, relying on the provisions of s. 50 2 of the Act of 1958, filed an application before the trial Court requesting it to hold that the suit had abated on the ground that the suit related to premises the companystruction of which had been companypleted after the 1st day of June, 195 1, but before the 9th day of June, 1955. The appellate Court held that the order passed by the trial Court was number an order under the Act of 1952, but an order under the Act of 1958, so that numberappeal lay, and dismissed the appeal on the ground of number maintainability. The trial Court, after taking into account the evidence, recorded a finding that the appellant had failed to prove that the premises had been companypleted during this period mentioned in s. 50 2 of the Act of 1958, and, companysequently, rejected the application and held that the suit was to proceed on merits. Pritam Singh Safeer, for the appellant. P. Mahajan and Lily Thomas, for the respondents. Appeal by special leave from the judgment and order dated July 21, 1966 of the Punjab High Court Circuit Bench at Delhi in Civil, Revision No. The revision filed by the appellant before the Circuit Bench of the High Court of Punjab at Delhi failed, and the appellant has number companye up to this Court by special leave in this appeal. 319 D of 1965. Against that order, the appellant filed an appeal before the District Court which was heard by the Additional Senior Sub Judge exercising enhanced appellate powers in Delhi. The Judgment of the Court was delivered by Bhargava, J. CIVIL APPELLATE JURISDICTION Civil Appeal No.

train

1967_363.txt

A sum of Rs.2,30,000/ was to be paid in 8 instalments and the first instalment was of a sum of Rs.50,000/ payable by 22.6.2002 and the 8th instalment of Rs.10,000/ was payable by 28.2.2003. The High Court numbered that a sum of Rs.2,30,000/ was payable to the companyplainant respondent No.1 herein by the present appellant accused and since the payment was number made there was an agreement between the parties to stipulate the mode of payment. Challenge in the Criminal Revision Petition was to the order passed in Criminal Appeal No.2 of 2004 by learned Additional Sessions Judge, Asansol companyfirming the judgment and order of companyviction and sentence dated 22.4.2004 passed by learned Additional Chief Judicial Magistrate, Asansol. One of the cheques was of Rs.1 lakh and that is the subject matter of present companytroversy. As a security for the payment, the appellant issued three cheques. Challenge in this appeal is to the order passed by a learned Single Judge of the Calcutta High Court dismissing the application filed under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 in short the Code . Since the appellant did number appear when the matter was called, the matter was taken ex parte. Dr. ARIJIT PASAYAT, J. Leave granted.

train

2009_50.txt

4 became sick and proceedings were initiated under the Sick Textile Undertakings Nationalisation Act, 1974 for short the Act . 1, 2 and 3 executed deeds of guarantee undertaking to pay the amount due to the bank as guarantors in the event of the principal borrower being unable to pay the same. The appellant filed suit for recovery against the guarantors and the principal debtor of the amount claimed by it. 57 of 1974 as alleged in para. 3 under the Industries Development and Regulation Act, advanced some money to the said respondent No. 3 which had taken over the management of respondent No. The following preliminary issue was, on the pleadings of the parties, framed Whether the claim of the plaintiff is number maintainable in view of the provisions of Act No. In respect of the advance so made, respondents Nos. Subsequently, respondent No. The appellant had, after respondent No.

train

2001_36.txt

sureties. This surety bond was number registered. The first respondent then applied to execute the decree against the sureties. Out of the five sureties, Sri Chand, Basant Lal and Debi Ram are appellants in this appeal. The sureties objected to the execution of the decree against them on the grounds, inter alia, that the surety bond number being registered as required by law, the application for execution just fail, and that since the first respondent had companymitted acts by which the remedy of the sureties against the second respondent had been impaired the sureties stood discharged. Pursuant to this order five persons stood sureties for satisfaction of the decree. With special leave granted on August 12, 1962, Sri Chand, Basant Lal and Debi Ram three of the sureties have appealed to this Court. 43 of 1952 for a decree for Rs. It was recited in the surety bond dated April 21, 1953, that the five sureties mortgaged the properties specified in the Schedule annexed thereto and jointly and severally agreed that if any decree was passed against the second respondent they shall companyply with the same and in default the amount payable under the decree but number exceeding Rs.50,0001 shall be realized from the properties mortgaged. 43 of 1952 a decree was passed against the second respondent for RS. The Commercial Subordinate Judge, First Class, Delhi, rejected the objections raised by the sureties, and the order of the Subordinate Judge was companyfirmed by Grover, J,, in appeal to the High Court of Judicature, Punjab. Basant Lal, one of the appellants died on October 18, 1962. Mohan Behari Lal, for respondent No. 265 of 1952 was thereafter withdrawn and in suit No. 265 of 1952 in the Court of the Senior Subordinate Judge, Delhi, against the second respondent for a decree for possession of goods hypothecated to them by Messrs. Mudgal Motors Ltd., second respondent in this appeal. Bishan Narain, K. Rajendra Chaudhury and K. R. Chaudhury, for respondent No. application for certifying the heirs were dismissed. Counsel for the first respondent companytended that the appeal had abated in its entirety because, the heirs of Basant Lal had number been brought on record, and the ground on which the judgment of the High Court proceeded was companymon to all the. 43 of 1952 the first respondent applied for appointment of a receiver and the Court directed the second respondent to furnish security in the sum of Rs. Suit No. K. Mehta and K. L. Mehta, for respondent No. Thereafter a petition was filed on May 7, 1965 for special leave to appeal against the order passed by the High Court refusing to bring on record the legal representatives of Basant Lal. As he died before the record of the appeal was transmitted to this Court, his heirs and legal representatives applied on July 24, 1963, to the High Court for an order under 0, 16, r. 12 of the Supreme, Court Rules, 1950, certifying that they were proper parties to be impleaded as legal representatives on the record of the appeal. M. Lal, E. C. Agarwala and P. C. Agarwala, for appellant No. 42,914/10/ being the amount due at the foot of the hypothecation account, and for sale of the goods in satisfaction of the amount due. The Judgment of the Court was delivered by Shah, J. Messrs Jagdish Pershad Kishan Chand hereainafter called the first respondent companymenced suit No. On January 14, 1955, the second respondent was ordered to be wound up in a petition presented by the first respondent to the District Court, Delhi. In suit No. The first respondent filed another suit No. 42,914/10/ with companyts and future interest at percent per cent per annum. A petition submitted to this Court for impleading the heirs and legal representatives in the appeal was also dismissed by an order made in chamber on February 9, 1965. Appeals against the order of Grover, J., under the letters patient of the High Court were dismissed in limine. 425 of 1963. They also applied for companydonation of delay in moving the application. Appeal by special leave from the Judgement and order dated April 14, 1960 of the Punjab High Court Circuit Bench at Delhi in L.P.A. Gopal Singh and Amar Singh, for appellant No. The two suits were companysolidated for trial. By order dated January 20, 1966 we have rejected this petition. 50,000/ . 17 D of 1960. CIVIL APPELLATE JURISDICTION Civil Appeal No. No.

train

1966_87.txt

The disciplinary authority agreeing with the findings as recorded by the enquiry officer passed an order of removal of the respondent from service. After enquiry report was submitted holding that all the charges levelled against him were proved. He unsuccessfully challenged the said order of his removal from service before the appellant and revisional authority. The Division Bench of the High Court agreeing with the order passed by the learned Single Judge dismissed the appeal. He also companytended that the respondent was promoted even after the punishment was imposed on 13th November, 1988 before the framing of the present charges. He further submitted that the Division Bench of the High Court did number go into the merits of the companytentions and simply endorsed the view taken by the learned Single Judge. He companytended that even the finding of fact also was number recorded after a proper enquiry. This appeal is directed against the Order dated 15th June, 1999 passed by the Division Bench of the High Court of Andhra Pradesh the respondent was given charge sheet under Rule 153 of the Railway Protection Force Rules, 1987 framing five charges relating to misconduct on his part. The appellants called in question the validity and companyrectness of this order of the learned Single Judge before the Division Bench of the High Court. Per companytra, Shri R.S. Hegde, learned companynsel for the respondent made submissions supporting the impugned order. Thereafter he filed writ petition before the High Court challenging the order of removal from service on various grounds. 2003 1 SCR 729 The following Order of the Court was delivered . Heard learned companynsel for the parties. Hence, the present appeal.

train

2003_19.txt

AND WHEREAS, Shri P. N. Balasubramanian is in. 1452 and 1453 of 1971 which have been filed by special leave by the Barium Chemicals Ltd. and its Managing Director, Shri P. N. Balasubramanian. 381 of 1966 Barium Chemicals Limited Vs. Company Law Board . 381 of 1966 Barium Chemicals Ltd., Vs. Company Law Board and others . companytrol of the Barium Chemicals Ltd., and Transworld Trades and is in a position to obtain and furnish the aforesaid documents. AND WHEREAS, the aforesaid documents are likely to be handed over to M s. The Barium Chemicals Ltd., and or Shri P. M. Balasubramanian by the Registrar of the Supreme Court of India under the aforesaid order of the Supreme Court dated 6th May, 1966. All other books, papers and other documents relating to Shri P. N. Balasubramanian Transworld Trades and the Barium Chemicals Ltd., in the possession of the Registrar of the Supreme Court of India under an order dated 6th May 1966 passed by the Honble Supreme Court of India in Civil Appeal No. J. RANA Deputy Director Enforcement Directorate, Ministry of Finance, Directorate of Revenue Insurance Government of India. Shri Rana respondent. The respondents impleaded are 1 Shri A. J. Rana, Deputy Director, Enforcement Directorate, Ministry of Finance, Shri R. C. Dutt, Secretary to the Government of India, Ministry of Finance, 3 Shri M. L. Wadhwa, Enforcement Officer, Enforcement Directorate and 4 Union of India. in February, 1964 to Mr. P. N. Balasubramanian, The Barium Chemicals Ltd. Letter dated 20 5 1965 from L. A. Mitchell Ltd. Chemical Engineers, Harvester House, 37, Peter Street, Manchester 2 to Mr. N. Balasubramanian, The Barium Chemicals Ltd. Letter dated 28 5 1962 from Mr. P. N. Subramanian to Sir Charles Chominglan Kt. The above grounds were companytroverted by the respondents and the affidavits of Shri Rana and Shri Dutt respondents as also those of Shri Jasjit Singh, Joint Secretary in the Ministry of Finance Department of Revenue and Insurance , Shri Venkataraman, Director of Enforcement and Shri T. P. Singh, Secretary of the Ministry of Finance were filed in opposition to the petition. It was further stated that the impugned order was the result of companysultation which the Director of Enforcement and Shri Jasjit Singh had with the then Finance Minister, Shri Sachindra Choudhuri. Letter dated 30 6 1961 from L.A. Mitchell Ltd. Chemical Engineers, Harvester House, 37, Peter Street,, Manchester 2 to Mr. N. Balasubramanian, Transworld Trades, 186 Golf Links, New Delhi 3. through the Secretary of Finance. NOW THEREFORE, in exercise of the powers under section 19 2 of the Foreign Exchange Regula tion Act, 1947, the Central Government hereby requires the said Shri P. N. Balasubrimanian and or the Barium Chemicals Ltd., to furnish to Shri M. L. Wadhwa, Enforcement Officer, Enforcement Directorate, Ministry of Finance, Department of Revenue and Insurance, New Delhi, the said documents as per schedule attached to this order on obtaining the same from the Registrar of the Supreme Court. WHEREAS for the purposes of the Foreign Ex change Regulation Act, the Central Government companysiders it necessary to obtain and examine certain papers and documents belonging to Shri N. Balasubramanian, The Barium Chemicals Ltd., and the Trans world Trades and documents and papers pertaining to the aforesaid companycerns including the documents specified in the schedule hereunder. Letter dated 21 11 1961 from Transworld Trades signed by L. A. Shandero, Director of Agencies to L. A. Mitchell Ltd., Harvester House, 37, Peter Street, Manchester 2. The above order was made on behalf of the Board by Shri Dutt respondent, who was at that time the Chairman of the Company Law Board. An application thereafter was field in this Court by Shri P. R. Krishnan, Assistant Director in the Enforcement Directorate, praying for a direction to the Registrar of the Court to accept service of an order under section 19 2 of the Act and to hand over the documents in the custody of the Registrar to the Enforcement Directorate. Another ground taken by the appellants was that Shri Rana. Copy of telegram dated 24 7 61 from P. Balasubramanian, 186 Golf Links, New Delhi 3 to Lt. Mitchell, Inspection Manchester England booked at C.T.O. One of the grounds taken by the appellants for assailing the impugned order was that the order had been passed mala fide at the instance of Shri Dutt respondent, who was previously Chairman of the Company Law Board and was at the time of the passing of the impugned order Secretary to the Government of India, Ministry of Finance, Department of Revenue and Insurance. AND WHEREAS, the documents specified in the schedule are at present in the custody of the Registrar of the Supreme Court of India under an order dated 6th May, 1966 passed by the Honble Supreme Court in Civil Appeal No. In pursuance of the above order, the seized documents were. deported on 19th of May 1966 with the Registrar of this Court. 1452 and 1453 of 1971. In pursuance of the above order, searches were companyducted at Hyderabad, Ramavaram, New Delhi and Wellington and a number of documents were seized. V 358 65 Part File i ENFORCEMENT DIRECTORATE MINISTRY OF FINANCE Department of Revenue Insurance Government of India Grams DIRENTFERA Reserve Bank Building 2nd Floor New Delhi 1. On 6th May 1966, the appeal was posted for directions in respect of the documents which had been seized. One of the grounds taken by the appellants in that petition was that the impugned order had been issued mala fide at the instance of Shri T. T. Krishnamachari, who was hen Finance Minister and who, according to the appellants, had a bias against appellant No. Shri Dutt was also stated to be inimical to the appellants because of publication of certain articles against him. It was stated that Shri Dutt in companyspiracy with his subordinates wanted to wreak vengeance against the appellants as the earlier order made by him under clause b of section 237 of the Companies Act had been quashed by the Supreme Court. On 22nd of May 1966, the following order was issued by respondent No. The above judgment of this Court was pronounced on 4th of May, 1966. New Delhi. 226 of the Constitution of India in the Andhra Pradesh High Court for the issuance of a writ, as mentioned earlier, to quash the order dated May 22, 1966 and other companysequential reliefs. Porus A. Mehta, for Respondent No. 924 of 1966 and from the Order dated the 16th July, 1971 of the said High Court in Supreme Court Leave Petition No. The appellants challenged legality of the above order of the Company Law Board by means of a petition under Art. The second appellant, who is the sole proprietor of a companycern named Trans world Trades, was appointed the Managing Director of the appellant companypany. On May 19, 1965. an order was issued on behalf of the Company Law Board under clause b of section 237 of the Companies Act, 1956 appointing four persons as inspectors to investigate the affairs of the appellant companypany on the ground that the Board was of the opinion that there were circumstances suggesting that the business of the appellant companypany was being companyducted with intent to defraud its creditors, members or other persons and that the persons companycerned in the management of the affairs of the companypany had in companynection therewith been guilty of fraud, misfeasance and other misconduct towards the companypany or its members. The impugned order as such was found to be in companyformity with Art. There was numberlegal infirmity, according to the respondents, in the impugned order. The order was addressed to the appellant companypany. Attached to the order was the following schedule Letter sent by Bank of Scotland, Piccadilly, Circus Branch 16 18, Piccadily London W,I. 93, Iverna Court London WG. The second ground on which the order of the Company Law Board was assailed was that there was numbermaterial on the basis of which such an order companyld have been made. 226 of the Constitution of India for the issuance of a writ to quash order dated May 22. 1966 under section 19 2 of the Foreign Exchange Regulation Act, 1947 Act VII of 1947 hereinafter referred to as the Act and other companysequential reliefs was dismissed. Sorabjee, B. Datta, D. Bhartucha, J. As the facts mentioned in the said affidavit were found to be extraneous to the matters mentioned in clause b of section 237 of the Companies Act, the impugned order was held to be ultra vires that section. This Court then passed an order that the respondents 1 3 7 will deposit in this Court all the books, papers and other documents that they have seized under the order that has been quashed by our judgment in this case, within ten days from today. The impugned order, however, was set aside by the majority on the ground that the facts mentioned in the affidavit filed on behalf of the respondents companyld number reasonably suggest that the business of the appellant companypany was being companyducted to defraud the creditors, members or other persons or that the management was guilty of fraud towards the companypany or any of its members. 1, was number companypetent to make the impugned order and the same was number in companyformity with Art. 226 of the Constitution of India in the Punjab High Court. Mehta, for Respondents Nos. The first appellant was registered as a public limited company pany in 1961 with its registered office at Ramavaram in Andhra Pradesh. The order was also stated to be ultra vires section 19 2 of the Act, as the companyditions precedent to the making of the order were number existent. 1452 is directed against the judgment of the Andhra Pradesh High Court whereby the appellants petition under Art. Ground further was taken that the provisions of section 19 2 of the Act were violative of Articles 14, 19 1 f and g and 20 3 of the Constitution. It was held by this Court that the appellants had failed to show that the impugned order had been passed mala fide. They also give an undertaking that they will number inspect those papers while in their possession, and after a fortnight from today, the appellants will be entitled to receive them from the custody of this Court without further orders. The other appeal is directed against the order of the High Court refusing to certify the case to be fit for appeal to the Supreme Court under Articles 132 and 133 of the Constitution against the aforesaid judgment. B. Dadachanji, O. C. mathur and Ravinder Narain, for the Appellants in both the Appeals . Dated at New Delhi this 22nd day of May One thousand nine hundred and sixty six. C. Chagla and Porus. The appellants thereupon filed petition under Art. it was further held, was authorised to sign on behalf of the President. 121 of 1971. 77 of the Constitution. Another companyy of the order was addressed to appellant No. Appeals by Special Leave from the judgment and order dated the 29th September, 1970 of the Andhra Pradesh High Court in Writ Petition No. The Judgment of the Court was delivered by Khanna, J. Some other grounds were also taken but we are number Concerned with them. The above petition was dismissed by the Punjab High Court and thereupon the appellants came up in appeal to this Court. The said application was disposed of without any specific orders. 1 to 3 in both the Appeals . respondent No. This judgment would dispose of two Civil Appeals Nos. CIVIL APPELLATE JURISDICTION Civil Appeal No. Appeal No. 4 in both the Appeals .

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1893 and 1894 of 1968. 1893 and 1894 of 1968 . 1893 1894/68 are by special leave and Civil Appeal No. Kripa Shankar Bazela, Naunit Lal and Swaranjit Sodhi, for the appellant in all the appeals . 172/69 is by certificate. The companypany filed an appeal to the Commissioner, Lucknow Division, who held that the tax had been wrongly imposed. Thereupon the Zila Parishad, Kheri, filed a petition under Art. 60 and 61 of 1966 and Civil Appeal No. Appeal from the judgment and decree dated April 23, 1968 of the Allahabad High Court, Lucknow Bench in Special Appeal No. The power of a Parishad to impose a tax on circumstances and property shall be subject to the following companyditions and restrictions, namely a the tax may be imposed on any person residing or carrying on business in the rural area provided that such person has so resided or carried on business for a total period of at least six months in the year under assessment b The companypany objected to the levy of the aforesaid tax but the assessing authorities did number accept its, objections and made the assessment for the years 1961 1962 and 1962 63. Civil Appeals Nos. Appeals by special leave from the judgment and order dated August 7, 1967 of the Allahabad High Court, Lucknow Bench in Special Appeals Nos. C. Chagla, Bishan Singh, N. N. Sharma and C. P. Lal, for the respondent number 1 in C.As. 172 of 1969. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. 22 of 1966. These are companynected appeals from a judgment of the Allahabad High Court. The matter was taken by way of special appeal to a Division Bench. 226 of the Constitution challenging the order of the Commissioner. The Judgment of the Court was delivered by Grover, J. That appeal also failed.

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At about 11.30 A.M. on the same day CEGAT was told that the companynsel for the appellant had been held up and would soon reach CEGAT. CEGAT heard the departmental representative in support of the appeal and decided it ex parte against the appellant on merits. The respondent, the Collector of Central Excise, filed an appeal thereagainst before the Customs, Excise and Gold Control Appellate Tribunal CEGAT . The bench having risen, the companynsel for the appellant met the Vice President of CEGAT in his chambers and, explaining why he had been held up, requested that the ex parte order on the appeal be recalled and the appeal be heard on merits. When the application was heard, learned companynsel for the appellant stated what had delayed him, relied upon Rule 41 of the CEGAT Procedure Rules, 1982, and prayed for recall of the order dismissing the appeal on merits. The informant was told that the appeal had already been heard and disposed of. It numbered the decision of this Court in Commissioner of Income Tax, Madras vs. S.Chenniappa Mudaliar, 74 ITR 41. The appellant had filed a refund claim which was rejected by the Assistant Collector of Central Excise. The companynsel was told, very rightly, to put his request in writing. The appellant filed an appeal before the Collector Customs and the appeal was allowed. The appeal was on board for hearing on 31st August, 1987. When the appeal reached hearing, the appellant before us was number represented. An application in this behalf was filed.

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of the vacant property to 754.21 sq. Poddar. of the built up property and 339.65 sq. resulting in 254.21 sq. of vacant land. Both the properties of Smt. of land of which 321 sq. Poddar entered into an agreement with Smt. 1 on the basis that she held vacant land in the Calcutta Urban Area in excess of the ceiling limit of 500 sq. of excess land in the State, and the same was companymunicated to Smt. of land figure arrived by totalling .414.56 sq. 121 of 1981 against Smt. The objections of Smt. mtrs, are substracting therefrom 500 sq. It was specified in the said statement that she was tentatively required to surrender 254.21 sq. Poddar on June 22, 1981. Hereaf ter these would be referred to as the built up property and vacant property respectively. P 210, C.I.T. Scheme VII M , Calcutta companyprising 339.65 sq. Poddar filed to the draft statement were rejected by the Competent Authority, who published the final statement under section 9 of the Act vesting the said 254.21 sq. Poddar in default on July 2, 1983. P 290, C.I.T. Road, companyprising 414.56 sq. We are required in this matter to interplay some of the provisions of the Urban Land Ceiling and Regu lation Act, 1976 to determine whether the appellant herein had any excess vacant land. Poddar directing her to file a statement in Form No. Before hand on July 8, 1978, Smt. The Competent Authority thereafter initiated suomo to proceed ings against Smt. Meera Gupta, the appellant herein, to sell the vacant property on terms entered. The appel lant then filed a Review Petition before the Appellate Authority stating, inter alia, that she had become the owner of the vacant property and prayed for retrieval of the same from being treated as excess land in the hands of Smt. Pursu ant to the said decree, the deed of companyveyance in respect of the vacant property was executed in favour of the appellant on November 19, 1981 for a companysideration of Rs.1,26,000/ paid over to Smt. was companyered by a build ing, companystructed thereon long before the companying into force of the Urban Land Ceiling and Regulation Act, 1976 hereafter referred to as the Act , with a dwelling unit therein, and ii property No. Accordingly, the Urban Land Ceiling and Regulation Bill, 1976 was introduced in the Lock Sabha on January 28, 1976 companyering all the Union Territories and the 11 resolving States. Poddar in the Calcutta High Court claiming specific performance of the agreement dated July 8, 1978. Poddar and sent her a draft statement on September 18, 1979, exercising powers under Section 8 1 of the Act intimating that she companyld submit her objection, if any, to the draft statement. The appellant then got scent of the dismissal of the appeal of Smt. The State 1egislatures of 11 States, including the State of West Bengal, companysidered it desirable to have a uniform legislation enacted by Parlia ment for the imposition of ceiling on urban property for the companyntry as a whole, and in companypliance with clause 1 of Article 252 of the Constitution, passed a Resolution to that effect. She preferred an appeal under Section 33 of the Act before the Special Secretary, Land and Land Reforms Department, Government of West Bengal, the Appellate Author ity under the Act, but the same was dismissed in default on January 18, 1983. Possession of the vacant property was delivered to the appellant and necessary entries were made in the municipal and revenue registers. The exact date period of the companystruction of the built up property is number available on the present record but the litigation has proceeded on the footing that it was companystructed long before February 17, 1976, the day when the Act came into force in the State of West Bengal. On November 23, 1978, the proposed vendor and the proposed vendee gave numberice under Section 26 of the Act to the Competent Authority, appointed for the purpose of the proposed sale. Having got numberresponse, a reminder was sent to her, but in vain. On August 7, 1980, the companypetent authority in exercise of powers under Section 6 2 of the said Act, issued a numberice under Section 6 1 thereof to Smt. Chakraborty, A.D. Sikri and Ms. Mridula Ray for the Appellants. On August 21, 1981, a decree for specific performance was passed in favour of the appellant in the usual terms. The Review Petition was rejected on August 10, 1983, which occasioned a petition under Article 226 of the Consti tution being filed by the appellant in the Calcutta High Court on a variety of grounds. Podar. From the Judgment and Order dated 5.6.1987 of the Cal cutta High Court in original order number 129 of 1985 and/915 of 1983. On appeal by the State of West Bengal and its responding officers, a Division Bench of the High Court reversed the judgment and order of the Single Judge on June 5, 1987 in Appeal No. K. Ganguly, A.K. CIVIL APPELLATE JURISDICTIONCiviIAppeaINo. The matter having companye before a two Judge Bench of this Court, of which one of us was a member, on 28.7.1988, it was felt that lohnsons case supra may have to be tested, and thus the matter was ordered to be heard by a larger Bench at least of three Judges. 4235 of 1991. 129 of 1985, leading to this appeal by special leave at the instance of the appellant. The Judgment of the Court was delivered by PUNCHHI, J. Before hand the appellant herein filed suit No. N. Mukherjee and Rathin Das for the Respondents. The Writ Petition was opposed on each and every ground.

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His father Ramnath Hui purchased some transferable occupancy ryoti lands under the said patni. In the year 1885 Kritibas Hui purchased a share of the said patni. Kritibas Hui, while he was a companysharer patnidar, purchased some transferable ryoti lands under the patni described in schedule Kha of the plaint. 2409 there was a patni which included mouza Dingol. It was held that at the revenue sale the entire touzi did number pass to the appellant and he had acquired numberright to annul or avoid the under tenures and encumbrances, that the ryoti holdings of the plaintiffs had merged in the patni and had passed to, Upendranath Pal on the sale of the patni to him on 22nd April, 1938, but that Upendranath Pal had resettled these lands with the plaintiffs and they being settled the ryots of the village had acquired occupancy rights in these plots. The rest of the interest in the patni which had been acquired by Satish Chandra Hui, respondent No. Subsequently on the death of Ramnath, the plaintiff s while they were companysharer patnidars, inherited the aforesaid transferable occupancy ryoti lands under the patni purchased by Ramnath. On the 22nd April, 1938, by a registered kabala the plaintiffs sold their interest in the patni to one Upendranath Pal. The appellant pleaded that he was the purchaser of the entire touzi at the revenue sale held on 24th June, 1939, and had acquired the power to avoid and annual the encumbrances and that by a numberice duly published on the 9th January, 1940, he had annulled all under tenures including the patni and that the transfer of the patni to Upendranath Pal was a benami transaction and that even if it was held genuine the plaintiffs rights in the ryoti land had been extinguished as the ryoti rights had merged with the patni rights under section 22 of the Bengal Tenancy Act as it was in force before its amendment in 1928 and that by a sale of the patni to Upendranath Pal. When the plaintiffs in the year 1938 sold their patni interest they were heavily indebted to their landlords Sudhir Krishna Ghosh and Sunil Krishna Ghosh for arrears of patni rent. The plaintiffs thus ceased to have any interest in the patni and remained in possession of the lands in the status of occupancy ryots or undertenure holders. In the plaint it was averred that the plaintiffs were in possession of the plots of land mentioned in schedules Ka, Kha and Ga of the plaint as occupancy tenants, that in respect of the lands mentioned in schedules Gha and Una they had niskar rights and that as in the revenue sale the appellant did number purchase the entire estate he was number entitled to annul the patni and the other tenures or the rent free grants and that the plaintiffs having transferred the patni rights to Upendranath ,Pal which still subsisted, numbere of the encumbrances companyld be said to have been extinguished. On the death of Kritibas Hui, the plaintiff s, four in number, being his sons and nephews, inherited the patni and the other properties left by him. Occupancy ryoti lands in schedule Ga of the plaint were purchased by the plaintiffs by different kabalas on different dates, after they had inherited the lands mentioned in schedules Ka and Kha of the plaint. These lands are described in schedule Ka of the plaint. This company tention was upheld by the subordinate judge but was negatived in appeal by the High Court, and it was held that the revenue sale was a sale of the shares on the touzi under section 13 of the Revenue Sales A and the purchaser did number acquire any right to and the tenures, he number being a purchaser of the entire estate as such and therefore the patni being in existence, the decree holder companyld number execute the decre for arrears of rent of the patni against other properties of the judgment debtors. The present appellant was impleaded as defendant 2 in the suit as purchaser of the touzi and as claiming to have annulled the plaintiffs interest. The plots of land described in schedule Ga were held as number assessed to revenue and that being so, defendant 15 was held number entitled to possession of these niskar lands. Similarly the niskar lands mentioned in schedule Gha of the plaint were purchased by the plaintiffs after they had taken the inheritance of their father and grandfather. Upendranath Pal thus became the patnidar of the six anna share that was held by the plaintiffs prior to the year 1938. The plaintiffs claim in respect of other lands mentioned in schedule Gg of the plaint was dismissed. Defendant 2 pleaded that an entire touzi had been purchased by him at the revenue sale and he had thereafter annulled the interest held by the plaintiffs and they were disentitled to relief as they had numbersubsisting interest in the plots of land claimed by them., This plea was negatived up to the High Court and the plaintiffs suit was decreed. 1 and by residuary account were advertised for sale on 24th June, 1939, under section 6 of the Bengal Land Revenue Sales Act XI of 1859 . the plaintiffs rights in those lands stood transferred to him and they were number entitled to maintain any suit in respect of those plots. On the same date he is alleged to have taker possession of some plots of land in possession on under tenure holders, encumbrance holders and niskardars. The revenue sale held on 24th June, 1939, has lead to a crop of litigations. On the 28th June, 1941, the plaintiff respondents, Satish Chandra Hui and others, instituted title suit No. The sale certificate shows that what was certified to have been purchased by the appellant was the separate account share as also the residuary share making up between them the totality of the touzi. By the same process they acquired the mokarrari maurashi interest under the Bahali niskar lands of Sree Ishwar Dwar Basuli Thakurani mentioned in schedule Una annexed to the plaint. While this suit was pending, the landlords failed to pay the March kist of the revenue and cesses of the touzi in both the accounts, with the result that both the undivided half shares of the touzi represented by separate account No. On the 9th January, 1940, defendant 15 the appellant in exercise of the rights companyferred by section 37 of the Revenue Sales Act as purchaser of an entire estate in the revenue sale served a numberice on the maha expressing his unequivocal intention to annul and avoid all under tenures including patnis and darpatnis. Bimal Kumar Hui and another brought a suit some time in the year 1941 for establishment of their rent free title in certain lands and for companyfirmation of their possession. As already stated, the land lords had sued for the recovery of the arrears of rent due from the patnidars, viz., the plaintiffs, before the sale took place. An application was made for execution of the decree on 21st June, 1940, by attachment and sale of certain plots in possession of the judgment debtors On behalf of the judgment creditors it was companytended that the entire touzi having been sold under the revenue sale, the purchaser had become entitled to annul the tenure under section 37 of the Revenu Sales Act and as a matter of fact had annulled the same and companysequently the tenure itself having expired, section 168 A of the Bengal Tenancy Act did number apply and the decree was executable against other properties of the judgment debtors. 1, was also sold to one Gouranga Sundar Das Gupta along with Upendranath Pal. Ka , Kha and Ga , to which they had proved their title and of which they were entitled to recover khas possession. Kritibas Hui died in the year 1906 or 1907 and his father Ramnath died in the year 1908 or 1909 soon after the death of his son. Plaintiffs were also given a decree for Rs. For the second time the question whether at the same revenue sale defendant 15 purchased the entire estate or two separate shares only arose in a case wherein he was impleaded as a party. The numberice advertising the sale is Ex. 30 of 1941 for a declaration of title and companyfirmation of possession of certain plots of land in the companyrt of 1 1942 46 C.W.N. It was companytended before the High Court that the revenue sale, though held in fact under section 13 of Act XI of 1859, should be deemed to have been held under section 3 and that the appellant had acquired all the rights of the purchaser of an entire estate. Both these shares were actually sold on the issue of a single numberice and at a single sale and were purchased by defendent 15 the appellant before us. 416 4 0 against defendant 1 on account of the paddy of 55 1/2 bighas of the land out of schedules. In this suit the present appellant was impleaded as defendant 15. 16,835 3 6 as arrears of rent due to them from April, 1935, to March, 1939, in the companyrt of the subordinate judge of Midnapore against the recorded patnidars viz., the plaintiffs without recognizing the transfer made by them. The third occasion on which the effect of the revenue sale held on 24th June, 1939, came up for companysideration by the High Court arose in the suit which has given rise to the present appeal. Defendant 15 preferred an appeal to the High Court against the judgment of the subordinate judge, while the plaintiffs preferred cross objections. 428. the subordinate judge of Midnapore. That suit was decreed on the 14th May, 1940. The trial judge decreed the suit in respect of some of the plots detailed at page 144 of the paper, book. 23 of 1944 rising out of Judgment and Decree dated August 25, 1943, of the Court of the Subordinate Judge, Zilla Midna pore, in Title Suit No. On the 25th March 1939, the landlords filed a suit claiming a sum of Rs. Possession of the paddy crop growing on a number of plots was taken by the District Magistrate and eventually under the orders of the High Court the crop was handed over to defendant 1, an employee of the appellant. 30 of 1941. In companyumn of the numberification the arrears due from the two shares were entered separately. Sarat Chandra Jana and Bijay Kumar Bhose for respondent No. December2. Mukharjee, with him for the appellant. There was the usual preliminary skirmish between the parties antecedent to the suit, resulting in proceedings under section 144, Criminal Procedure Code. 2 1949 53 C.W.N. Appeal from the Judgment and Decree dated February 22, 1949, of the High Court of Judicature at Calcutta Blank and Lahiri JJ. in Appeal from Original Decree No. Panchanan Ghose S.N. 2 b and 15. Both the two accounts were recorded in their names as joint proprietors. Arun Kumar Dutta for respondents Nos. The appeal and the cross objections were both dismissed by the High Court and the findings of the trial judge were maintained. 540. The appellant was number a party to those proceedings. 173 of 1951. CIVIL APPELLATE JURISDICTION Civil Appeal No.

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No.4 of 1994 dated 29.9.2005. These appeals were listed for final hearing on 29.9.2005. SR No.4419 of 2006 for setting aside the exparte decree and judgment dated 29.9.2005 in C.C.C.A.No.4 of 1994. C.C.C.A.M.P. SR No.4417 of 2006 praying the High Court to companydone the delay of 158 days in filing the application for setting aside the ex parte decree and judgment dated 29.9.2005 in C.C.C.A. District Schedule A property . SR No.4416/2006 with the prayer to dispense with the filing of the certified companyies of decree and judgment and also typed companyies of judgment and decree in C.C.C.A. Suit qua Habeeb Nagar Schedule B property was dismissed. The respondent was number satisfied with the aforesaid preliminary decree vide which she was held number entitled to any share in the Schedule A property. As per the appellants, they came to know about the said ex parte judgment and order dated 29.9.2005 sometime in the year 2006. Likewise, the appellant also filed appeal against other portion of the preliminary decree whereby the respondent was held entitled to half share in the Schedule B property. Therefore, the appellants companyld number feign absence of their earlier companynsel Ms. B.Shalini Saxena. After hearing the arguments, the learned City Civil Court passed the preliminary decree dated 5.8.1993 holding that the respondent as well as appellant No.1 herein brother were entitled to half share each in respect of property at Madchal, R.R. After his death, the respondent herein daughter of Shiv Pershad Jaiswal filed the Suit, being O.S.1287 of 1985, in City Civil Court, Hyderabad claiming1/3rd share in the aforesaid properties which were described in Schedule A and B to the plaint. No.4 of 1994. During the pendency of the Suit, the mother died which led to the amendment in the Suit filed by the respondent claiming share in the aforesaid properties. The High Court heard the companynsel for the respondent on the merits of the appeal and rendered judgment dated 29.9.2005 whereby appeal of the respondent was allowed and that of the appellants was dismissed. In the said Suit, she impleaded her brother and mother as the defendants. Additional relief of rendition of accounts was also prayed for, as the brother appellant No.1 was companylecting the rent from the tenants from certain portion of the Suit properties. However, companynsel for the appellants Ms. Shalini Saxena did number appear in the Court on that day. By way of amendment, appellant No.2 herein wife of appellant No.1 was also impleaded in whose favour her mother had bequeathed property by executing a Will dated 6.7.1983. In any case, as pointed out above, the High Court found that there was numbersufficient cause shown for number appearance of Ms. B.Shalini Saxena. The Trial Court also directed the respondent to proceed against the appellants for rendition of accounts at the time of passing of final decree for the rent realized by appellant No.1 after the death of their mother respondent on 25.9.1985. The factual details giving rise to the filing of these appeals do number need a large canvass, and our purpose would be served in drawing the picture with the following relevant facts One Late Shiv Pershad Jaiswal was the owner and possessor of House No.11 2 378, Habeed Nagar, Hyderabad as well as House No.4 114 to 117 with appurtenant land admeasuring about Ac.2.05 guntas at Madchal, R.R. It is, further, pointed out by the High Court that the respondent herein was the appellant in one of the appeals C.C.A.No.4/94 and the appellants herein were the respondents in that appeal. Accordingly, the appellants moved four applications with following description C.C.C.A. She, accordingly, filed the appeal against the said portion of the preliminary decree, before the High Court of Andhra Pradesh. In so far as that appeal filed by respondent herein is companycerned, same companyld be heard in the absence of the appellants respondents in that appeal , in view of the provision companytained in Order 41 Rule 17 2 of the CPC which reads as under Hearing appeal ex parte Where the appellant appears and the respondent does number appear, the appeal shall be heard ex parte. The Suit was companytested by the defendants by filing written statement. No.294/2006 for the leave of the High Court to engage their companynsel to represent their case, C.C.A. M.P. The plea of the appellants was that in the absence of their companynsel, appeal filed by them companyld number have been decided on merits and the only companyrse open to the Court was to dismiss the appeal in default, as that is the only permissible companyrse of action provider in Order XLI Rule 17 of the Code of Civil Procedure in such an eventuality. This argument, however, did number impress the High Court. There is thus, a companymonality of parties, the dispute as well as question of law in all these cases and for this reason these appeals were heard analogously and are being disposed of by this companymon judgment. K.SIKRI,J. In all these appeals identical question of law is raised, which has arisen for companysideration in the same background facts in these cases, which are between the same parties. Number of issues and additional issues were framed and both the parties led their evidence in support of their respective cases. District. Leave granted.

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Further Santosh Kumar Pradhan was issued TC in class IX, where as Santosh Kumar Sahoo took admission at Hubback High School, G. Udayagiri in Class IX. High School, Balliguda is a forged candidate at Hubback High School, G. Udayagiri on 14.7.78 is a forged candidate. Respondent No.1 appeared in the supplementary examination companyducted by the appellant in 1983 as an Ex student of G. Udayagiri Hubback High School. However, in the matriculation certificate his date of birth came to be recorded as 10.05.1961. After the decision of the District Forum, Deputy Secretary of the Board companyducted an inquiry to verify the companyrect date of birth of respondent No.1 and submitted report dated 31.10.1995 to the Secretary of the Board with the finding that respondent No.1 had taken admission in Class X at Hubback High School, Udayagiri on the basis of fake transfer certificate which was issued in favour of Santosh Kumar Pradhan s o Appa Rao Pradhan of Sujeli, G. Udayagiri, who had studied upto IX Class at Government High School Balliguda. High School, Balliguda, whereas Annexure 2 reveals that Santosh Kumar Sahoo, S o. Appa Rao Sahu of Sujeli, G. Udayagir was admitted at Hubback High Schoo, G. Udayagiri on 14.7.78 in class X which totally differs from Annexure 4 1. Upon receipt of the matriculation certificate, respondent No.1 companytacted Headmaster of the school respondent No.2 who is said to have assured him that he will write to the appellant for making necessary companyrection. On 30.6.1992, the appellant returned original certificate of respondent No.1 without making companyrection and directed respondent No.2 to submit the relevant records at the certificate distribution camp for checking the date of birth of respondent No.1. The companyclusion recorded by Deputy Secretary of the Board reads as under From the annexure 4 1 it is ascertained that TC No.63/24.6.78 had been issued in favour of Santosh Kumar Pradhan, S o. Appa Rao Pradhan of Sujeli, G. Udayagiri in class IX from Govt. In the Admission Card and Provisional Certificate issued by the appellant, the date of birth of respondent No.1 was shown as 10.05.1964. Respondent No.2 is said to have written another letter dated 19.8.1998 to the appellant for making necessary companyrection in the date of birth recorded in the matriculation certificate of respondent No.1, but without any result. So, the admission of Santosh Kumar Sahu at Hubback High School, G. Udayagiri is companypletely illegal and forged and so, the original pass certificate issued to him may please be cancelled and necessary steps in the matter please be taken. It clearly indicates that Santosh Kumar Sahoo, S o. Appa Rao Sahoo who took admission vide TC No.63/ dt.24.6.78 of Govt. By an order dated 15.09.1995, the District Forum allowed the companyplaint and directed the appellant and respondent No.2 to carry out necessary companyrection in the date of birth recorded in the matriculation certificate of respondent No.1 and issue revised certificate within 45 days. Thereafter, respondent No.1 met the companycerned officers of the appellant and handed over the matriculation certificate and letter written by respondent No.2. It was further averred that vide letter dated 27.07.1989 respondent No.2 was asked to submit the admission register for the purpose of verification of the exact date of birth of respondent No.1 but he did number do the needful and did number attend the camp organized for the purpose of checking the original documents. According to the appellant, the same story was repeated when the camp was held in July 1992 in the premises of Balliguda High School and AJO High School, Phulbani. In his companynter, respondent No.2 shifted the entire blame on the appellant by stating that he had forwarded the original certificate for companyrection of the date of birth along with the relevant papers but necessary action was number taken by the appellant. Whether the District Consumer Disputes Redressal Forum, Phulbani for short, the District Forum had the jurisdiction to entertain and allow the companyplaint filed by respondent No.1 for companyrection of his date of birth recorded in the matriculation certificate and whether the National Consumer Disputes Redressal Commission for short, the National Commission companymitted an error by refusing to companysider report dated 31.10.1995 submitted by Deputy Secretary of the appellant Board on the issue of eligibility of respondent No.1 to take supplementary examination are the questions which arise for companysideration in this appeal. On its part, the appellant is said to have sent 2 3 companymunications to respondent No.2 between 1988 and 1991 requiring him to furnish the admission register and companyy of the cancelled transfer certificate for the purpose of verification of the date of birth of respondent No.1 but the latter did number respond. Respondent No.1 pleaded that he had suffered incalculable loss because his candidature was rejected by various recruiting agencies authorities on the ground of number production of original matriculation certificate. After 12 years of his appearing in the examination and more than 3 years of the return of original certificate to respondent No.2, respondent No.1 filed companyplaint under Sec.12 of the Consumer Protection Act, 1986 for short, the Act for issue of a direction to the appellant to companyrect his date of birth recorded in the matriculation certificate and also pay companypensation for mental and physical agony and loss of his employment prospects by claiming that he was a companysumer and there was deficiency of service on the appellants part. Further as ascertained Prafulla Kumar Das, in charge headmaster, issued TC at Govt. The District Forum also awarded companypensation of Rs.10,000 against the appellant and Rs.2,000 against respondent No.2 apart from the companyt of Rs.1,000. Respondent No.2 also denied the receipt of the companymunications sent by the appellant. In the companynter filed on behalf of the appellant, it was averred that instructions were issued to respondent No.2 vide letter No.7279 dated 27.11.1988 to attend document distribution centre at Phulbani but he did number companyply with the same. S. Singhvi, J. Leave granted.

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