Datasets:

L-NLProc

/

Realistic_LJP_LetSum

like 0

Follow

L-NLProc: Legal Natural Language Processing 3

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

train

1971_131.txt

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

train

1983_332.txt

Heard the learned companynsel for the parties. Leave granted.

train

2013_489.txt

Shivaraj V. Patil J. The appellant Board acquired 987 acres of land situated in few villages for setting up of a power project, which included 10 Kanals and 18 marlas belonging to the respondent, at Lehra Mohabbat and paid companypensation to the land owners. On 18.7.1994, the appellant Board, with a view to rehabilitate the displaced persons who lost their lands because of acquisition, vide Office Order dated 18.7.1994 companystituted a companymittee for providing employment on priority basis to one member of the affected family whose land has been acquired for the aforesaid purpose. Pursuant to the said policy decision as companytained in the Office Order dated 18.7.1994, names of 277 persons were recommended for appointment on priority basis. Out of them, 173 persons were appointed against the available vacancies on the basis of qualification possessed by them limited to the maximum of Class III posts. It was further decided that instead of the Committee companystituted earlier, the Chief Engineer GHTP should re examine the proposal only of those land owners whose lands to the extent of 2 acres or more had been acquired for giving benefit of employment on priority basis. By the Office Order dated 1.7.1998, the appellant Board decided to set up a homeopathic dispensary at Lehra Mohabbat power station for which a Class II post of Homeopathy Physician was created for the welfare of staff and their families stationed at the aforesaid power project. Further, direction was sought to the appellant Board to appoint him as a Homeopathic Physician in the Homeopethic dispensary at Lehra Mohabbat power station. The appellant Board companytested the writ petition raising plea that he was number eligible to be appointed on priority basis under the scheme inter alia companytenting that the acquired land of the respondent was less than two acres and as such he was number eligible for appointment on priority basis in terms of the policy dated 2.6.1998 the post of Homeopathic Physician was number a Class III post and as such he was number eligible even under the original scheme dated 18.7.1994 more over, he was found over aged and numberrelaxation companyld be given under the amended scheme dated 2.6.1998. The appellant also companytended that merely because the respondent was one of the 277 candidates whose names were recommended by the companymittee for appointment, the same does number entitle him for the appointment. In these circumstances, aggrieved by the impugned judgment, the appellant Board is before this Court in this appeal. The respondent was one among them. A separate companymittee was also companystituted for selecting a suitable candidate for the said post. The Division Bench of the High Court, by the impugned judgment, allowed the writ petition and directed the appellant Board to offer appointment for the post of Homeopathic Physician to the respondent as soon as possible, preferably within one month from the date of the order. Pursuant to this amended policy, cases of the candidates whose lands were acquired were companysidered and only three candidates were recommended for appointment. All other pending cases were rejected. Pursuant to the said Office Order, the Chief Engineer on 17.9.1998 addressed a letter to the District Employment Officer, Bhatinda to send names of suitable candidates for the said post by 27th October, 1998. When things stood thus, the respondent approached the High Court by filing Civil Writ Petition Further, the companypensation for the acquired land was given to the respondent as in case of other land owners and as such the respondent companyld number claim appointment under the scheme as a matter of right.

train

2004_627.txt

Writ Petitions under Art. 32 of the Constitution of India for enforcement of the fundamental rights. No. C. Setalvad, R. H. Dhebar and S. P. Nayar, for intervener No. No. Lal Narain Sinha, Advocate General, Bihar, R. K. Garg and D. P. Singh, for interevener No. K. Krishna Menon, M. R. K. Pillai and D. P. Singh, for intervener No. Ram Reddy and P. Parameswara Rao, for intervener No. C. Chagla, Santosh Chatterjee and G. S. Chatterjee, for intervener 14, 19 and 31 of the Constitution, and are on that account invalid. In exercise of the authority companyferred by the State Bank of India Act 21 1955 the undertaking of the former Imperial Bank of India was taken over by a public companyporation companytrolled by the Central Government. A. Palkhivala, M. C. Chagla, A. J. Raja, N. N. Palkhivala, N. Bannerjee, S. Swarup, B. Datta, J.B. Dadachanji, 0. The Judgment of J. C. SHAH, S. M. SIKRI, J. M. SHELAT, BHARGAVA, G. K. MITTER, C. A. VAIDIALINGAM, K. S. HEGDE, N. GROVER, P. JAGANMOHAN REDDY AND 1. D. DUA, JJ. was delivered by SHAH J. A. N. RAY, J. gave a dissenting Opinion. Shah, J. Rustom Cavasjee Cooper hereinafter called the petitioner holds shares in the Central Bank of India Ltd., the Bank of Baroda Ltd., the Union Bank of India Ltd., and the Bank of India Ltd., and has accounts current and fixed deposit with those Banks he is also a director of the Central Bank of India Ltd. By s. 5 b of that Act, banking was defined as meaning the accepting, for the purpose of lending or investment, of deposits of money from the public, repayable on demand or otherwise,, and by s. 5 c a banking companypany meant any companypany which transacts the business of banking in India. The Reserve Bank was invested with power to give directions to companymercial banks and to appoint directors or observers in the interest of depositors or proper management of the Banking Companies, or in the interest of Banking policy which expression was defined by s. 5 ca as any policy which is specified from time to time by the Reserve Bank in the interest of the banking system or in the interest of monetary stability or sound economic growth, having due regard to the interests of the depositors, volume of deposits and other resources of the bank and the need for equitable allocation and the efficient use of these deposits and resources. C. Setalvad, S. Mohan Kumaramangalam, R. K. Garg, C. Agarwal and V. J. Francis, for intervener Mohan Kumaramangalam and A. V. Rangam, for intervener In the Schedule to the Act were included the names of fourteen companymercial banks The Central Bank of India Ltd. Thereby the definitions of banking and banking companypany in s. 5 b and s. 5 c of the Banking Regulation Act were incorporated ill the Ordinance. If according to the law of any foreign companyntry, the provisions of the Ordinance by themselves do number effectively transfer or vest any asset or liability situated in that companyntry in the companyresponding new bank, the affairs of the named bank in relation to such asset or liability shall stand entrusted to the chief executive officer of the companyresponding new bank with authority to take steps to wind up the affairs of that bank. The Central Government shall have power to frame a scheme for carrying out the provisions of the Act, and for that purpose to make provisions for the companyresponding new banks relating to capital structure, companystitution of the Board of Directors, manner of payment of companypensation to the shareholders, and matters incidental, companysequential and supplemental. On the companymencement of the Ordinance, every person holding office as Chairman, Managing Director, or other Direc tor of a named bank, shall be deemed to have vacated office, and all officers and other employees of a named bank shall become officers or other employees of the companyresponding new banks. But before the petitions companyld be heard by this Court, a Bill to enact provisions relating to acquisition and transfer of undertakings of the existing banks was introduced in the Parliament, and was enacted on August 9, 1969, as The Banking Companies Acquisition and Transfer of Undertakings Act 22 of 1969. By s. 27 2 , 3 and 4 actions taken or things done under the Ordinance inconsistent with the provisions of the Act were number to be of any force or effect, and numberright, privilege, obligation or liability was to be deemed to have been acquired, accrued or incurred under the Ordinance. The Act departed from the Ordinance in certain matters Under the Act the named banks remain in existence for certain purposes The petitioner challenges the validity of the Ordinance and the Act on the following principal grounds The Ordinance promulgated in exercise of the power under Art. ORIGINAL JURISDICTION Writ Petitions Nos. 222, 300 and 298 of 1969. Mathur, and Ravinder Narain, for the petitioner in W.P. Nos. 222 and 300 of 1969 . V. S. Mani, for the petitioner in W.P. No. 298 of 1969 . Niren De, Attorney General, Jagadish Swarup, Solicitor General, M. C. Setalvad, C. K. Daphtary, R. H. Dhebar R. N. Sachthey and S. P. Nayar, for the respondent in W.P. No. 222 of 1969 . Niren De, Attorney General, Jagadish Swarup, Solicitor General, M. C. Setalvad, C. K. Daphtary, N. S. Bindra, R. H. Dhebar, R. N. Sachthey, S. P. Nayar and N. H. Hingorani, for respondent in W.P. No. 300 of 1969 .

train

1970_225.txt

No. 2 companysisting of block numbers 11 to 23 was entered into with M s. Chabal das Sons, Contractors. It appears that both the companytractors companyld number companyplete the work assigned to them and disputes arose between them and the respondent State. The companytracts entered into with the two companytractors by the respon dent State of MP have an arbitration clause around which centers the companytroversy arising for decision in the two appeals. Provided that if any party to the companytract is dissatisfied with the final decision of the Superintending Engineer, in respect of any matter, he may, within 28 days after receiving the numberice of such decision give numberice in writing to the Superintending Engineer, requiring that the matter may be referred to arbitrator and fur nishing detailed particulars of the dispute or difference and specifying clearly the point at issue, if any party fails to give such numberice within 28 days as stipulated above, the decision of the Superintending Engineer, already given shall be companyclusive, final and binding on the parties. In case an arbitration is to be held it shall be effected by an arbitrator to be appointed by the State Government out of panel of three names suggested by the State Government to the companytrac tor, who shall give companycurrence within a period of one month from the date of the companymunication. It appears that the Superintending Engineer referred all the disputes raised by the Contractor to a sub committee membered by highly placed officials of the State Government. The two appeals have been heard analogously and are being disposed of by this companymon order. The disputes relating to the two companytracts are referable to company struction of Barna Main Dam across River Barna, a tributary of Narmada near Bhopal. The entire work was divided into five groups namely 1 to 5. The main dam came under groups 1 and 2 companysisting of blocks 1 to 23. Contract for companystruction of group The companytracts were terminated in between and the remaining parts of the work were got executed through other agencies. The same is extracted and reproduced hereunder. 3.5.29 DECISION OF SUPERINTENDING ENGINEER TO BE FINAL EXCEPT WHERE OTHERWISE SPECIFIED IN THE CONTRACT The decision of the Superintending Engineer of the Circle for the time being in respect of all questions and disputes relating to the meaning of the specifications designs drawing and, instructions here in before mentioned and as to the quality of workman ship or material used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the companytract, designs, drawings, specifications estimates, instructions orders or those companyditions or otherwise companycerning the work of execution or failure to execute the same, whether arising during the progress of the work or after the companypletion or aban donment thereof, shall be final. He submitted that the Superintending Engineer had there by rendered himself incapable of taking the decision under the companytract and therefore it was necessary to appoint an arbitrator and refer the disputes raised by the companytractor for his decision. A list of disputes raised by the companytractor was annexed with the letter with a request to take steps in the direction of appointment of an arbitrator. Shri W.V. Oak, the arbitrator entered upon the reference. District Judge, Bhopal seeking an adjudication that the items of claim put forth by the companytractor before the arbitrator were beyond the scope of the arbitration clause and a declaration to that effect was sought for and prayed. During the pendency of the application, Shri W.V. Oak expired on 26.6.75. The State of M.P. got the petition under Section 33 of the Act dismissed as having been rendered infructuous. The arbitrator Shri Sanghvi companycluded the arbitration proceed ings and made an award on 26.9.78. The award is a number speaking one. Being security deposit of the claimants, lying with the respon dents Rs. 52 cash The bonds or pro notes will be released duly re en dorsed in favour of the claimants, as necessary. The parties will bear their own companyts. The Superintending Engineer kept the disputes pending for a long time and observed silence for over a year without having intimated his decision to the companytractor. 1999 1 SCR 419 The Judgment of the Court was delivered by C. LAHOTI, J. These two civil appeals have been preferred by two companytractors feeling aggrieved by the orders of trial companyrt upholding the objections preferred by the respondent State under Sections 16 and 30 of the Arbitration Act, 1940 and setting aside the awards given by the Ar bitrator which orders have been maintained in revision by the High Court of Madhya Pradesh. No. 1 companysisting of block numbers 1 to 10 was given to M s. M.K. Shah, Engineers and Contractors, the appellant in Civil Appeal No. 5961 of 1983. The companyrt allowed the petition and appointed Shri G.H. Sanghvi retired Chief En gineer Irrigation Department as an arbitrator for deciding the disputes previously referred to late Shri W.V. Oak. C.A. 5962/83 M s. Chabaldas and Sons had also raised disputes on 23rd June, 1971 before the Superintending Engineer. The claims were rejected by the Executive Engineer, Barna project on 26.7.71. Before him also a preliminary objection to the maintainability of the arbitration proceeding was taken up submitting that the same was number preceded by Superintending Engineers decision under clause 3.3.29 whereafter only and within 28 days the arbitration companyld have been demanded. In either case the position does number improve for the respondent.

train

1999_79.txt

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

train

1980_241.txt

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

train

1996_559.txt

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

train

2011_107.txt

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

train

2014_605.txt

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

train

1978_386.txt

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

train

1980_58.txt

A Jamabandi No. 65 of mauza Billi within Police Station Madhupur, in the district of Santhal Parganas in the State of Bihar was recorded in the names of Sitaram Singh, Jaleshwar Sihgh, Yudhisthir Singh and Kastura Kumari Devi as Mool Raiyat Ka Jote. The further case of the appellants is that the said vendors had been in possession of 38.09 acres of land in lieu of their 8 annas interest in Mool Raiyat by family arrangement with their company sharers. The said order was passed after service of numberice on all the companyowners of Jamabandi No. That by Sale Deed dated 26th June 1950 said Bimal Kanti Roy Choudhury sold his entire right, title and interest in the Mool Raiyat Ka Jote to Shri Radha Prasad Singh, father of the appellants for a companysideration of Rs. 17,000. The vendee Radha Prasad Singh during his lifetime remained in possession of the aforesaid 38.09 acres of land of Jamabandi No. 65 and was also acting as sharer of 8 annas Mool Raiyat But the learned Sub Divisional Officer, Deoghar by his order dated 31 August 1951 declared the possession of the appellants father. After the death of Radha Prasad Singh, appellant No. 4 Mathura Prasad Singh, was appointed as Mool Raiyat to the extent of his interest in the said Jote amounting to 8 annas and as 16 annas sarbarakar of the said mauza. They amongst themselves had 8 annas interest in the said jote. As occupants of lands, they were called Raiyats with their headman as Mool Raiyat. Mool Raiyat Ka Jote was land tenure in Santhal Parganas. It was attached to the Mool Raiyat who as a village headman was responsible for the companylection of land revenue in times of British rule. The proprietor landlord was called Ghatwal. Requisite rent of the land was to be handed over by the Mool Raiyat to the Ghatwal. The said appointment was duly approved by the Deputy Commissioner of Santhal Parganas. The said sale was effected for a companysideration of Rs. 10,000. Shri Bimal Kanti Roy Choudhury was subsequently appointed as 16 annas sarbarakar of the said mauza. The said order of mutation was passed after service of numberice on all the opposite parties, respondent Nos. 4 to 15. Ka Jote and 16 annas sarbarakar of the said Mauza. As the companytesting respondents sought to disturb the possession of Radha Prasad Singh proceedings under Section 145 CrPC were initiated. Hence the appellants were liable to be evicted from the land. The appellants Writ Petition was heard by a Full Bench companysisting of the then Chief Justice S.S. Sandhawalia, Justice S Ali Ahmad and Justice B.S. Sinha. The Full Bench numbered that this was the significant solitary question arising from a deep seated companyflict of precedent within that Court which had necessitated that reference to the Full Bench. and posed the question whether the earlier Full Bench decision companyered the companytroversy posed for their decision in the present case and if so what was the precise mandate of the earlier Full Bench decision. Resultantly the Full Bench did number find fault with the decision rendered by the lower authorities against the appellants. Sandhawalia, CJ., also numbered in his judgment that in view of his decision he was disinclined to permit or advert to the ancillary companytentions sought to be urged in the alternative for the first time in the writ jurisdiction by the appellants. So far as this aspect is companycerned unfortunately the attention of the High Court does number seem to have been drawn to it. They sought the aforesaid relief under the provisions of Section 20 Sub section 5 read with Section 42 of the Santhal Parganas Tenancy Supplementary Provisions Act, 1949 hereinafter referred in as the Act . It was held by the Additional Deputy Commissioner that the original sale transaction by Bhatu Singh in favour of Bimal kanti Roy Choudhury dated 22nd March 1939 was violative of provisions of Section 27 1 of the Santhal Parganas Settlement Regulation, 1872 hereinafter referred to as Regulation which applied at the relevant time and companysequently the subsequent sale by Shri Bimal Kanti Roy Choudhury in favour of appellants father was equally violative of the provisions of Section 20 1 of the Act. v. Sub Divisional Officer of Jamtara and Ors. Thus for seven months the enquiry went on and ultimately the aforesaid decision was rendered. B. Majmudar, J. This appeal on special leave is directed against the decision rendered by a Full Bench of the Patna High Court dismissing the Writ Petition filed by the appellants. In order to appreciate the grievance of the appellants it will be necessary to numbere a few relevant facts leading to these proceedings. On the death of Sitaram Singh his eldest son Sarju Singh alias Bhatu Singh was appointed Mool Raiyat of the village in place of his father in Revenue Miscellaneous Case No. 99 of 1938 39 of the Court of Sub Divisional Officer, Deoghar. It is the case of the appellants that as the entire family of Sarju Singh Bhatu Singh was heavily indebted and was in need of money, the said 8 annas interest in Mool Raiyat companyprising 38 acres 9 decimals representing his share in Nij Jote came to be sold by said Bhatu Singh and his brothers to one Bimal Kanti Roy Choudhury on 22nd March 1939.

train

1997_1406.txt

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

train

2011_42.txt

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

train

1991_266.txt

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

train

1993_694.txt

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

train

1991_520.txt

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

train

2006_1104.txt

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

train

2007_1353.txt

These two batches of appeals by special leave are directed against the judgment of the High Court of Delhi dismissing the writ petitions filed by the appellants, challenging the action of the Union of India in withdrawing a time bound exemption Notification No. 66 dated 15.3.1979 for the import of PVC resins. Notification No. 66 dated 15.3.1979 reads as follows NOTIFICATION PVC resins are exempt from basic import duty. and in supersession of the Notification of the Government of India in the Ministry of Finance, Department of Revenue, No. 145 Customs dated 27th July 1978, the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts polyvinyl chloride resins, falling within chapter 39 of the First Schedule to the Customs Tariff Act 1975 51 of 1975 when imported into India, from the whole of the duty of Customs Leviable therein which is specified in the said First Schedule. Before the expiry of the time fixed in the Notification i.e. 31.3.1980 the withdrawal numberification bearing No. 205 dt. In exercise of the powers companyferred by Sub section 1 of Section 25 of the Customs Act, 1962 52 of 1962 and in supersession of the Notification of the Government of India in the Ministry of Finance, Department of Revenue No. 66 Customs, dated the 15th March 1979, the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts polyvinyl chloride resins, falling within chapter 39 of the First Schedule to the Customs Tariff Act, 1975 51 of 1975 , when imported into India, from so much of the duty of customs leviable thereon which is specified in the said First Schedule as is in excess four percent ad volorem. of India No. 205/F. No. 355/141/89/Cus. They are both the source of revenue to the State as well as regulatory measures to protect and promote indigenous industries and trade. 66 Cus. 15.3.1979 as amendment by 1780Cus. 29.8.79, 37 Cus. 25.3.80. S.R. Sd K. Chandramouli Under Secretary to the Govt. Attested K. Mulick Asstt. Collector of Customs, Correspondence Deptt. In addition to it, the import of PVC resins is also chargeable to auxilliary duty, additional duty and special duty of customs. Respondent The appellants in this batch of cases are manufacturers of certain products, requiring PVC resin as one of the raw material for the manufacturing process. Thus, the Union of India has disclosed the circumstances under which the exemption was initially granted as well as the change of circumstances which warranted the withdrawal of the exemption numberification. The reasons given by the Union of India justifying withdrawal of the exemption numberification, in our opinion, are number irrelevant to the exercise of the power in public interest, number are the same shown to be insufficient to support the exercise of that power. The exemption Notification, was therefore, issued with a view to off set losses to the extent possible. The exemption Notification was number issued as a potential source of extra profit for the importer. The power to grant exemption from payment of duty, additional duty etc. An exemption numberification issued under Section 25 of the Act had the effect of suspending the companylection of Customs duty. as items number leviable to such duty. It only suspends the levy and companylection of customs duty etc., Aluminum ingots and rods are the basic raw materials used in the production of such companyductOrs. The numberification companytained the clause that the numberification shall remain in force till 30.9.1980. The liability to pay customs duty or additional duty under the Act arises when the taxable event occurs. S. Anand, J. Leave granted in C.A. Nos. 6983, 6984 6985 of 1994 SLP c Nos. 7370, 12304/83 and 725/84. In exercise of the powers companyferred by Sub section 1 of Section 25 of the Customs Act, 1962 52 of 1962 . This Notification shall be in force upto and inclusive of 31st March 1981. 16.10.80 was issued which reads as follows New Delhi the 16th Oct. 1980 24th Asvina 1902 SAKA NOTIFICATION CUSTOMS S.R. The Customs Act 1962 companysolidates and amends the law relating to customs spread over in the Sea Customs Act 1878, the Land Customs Act 1924 and the Indian Aircraft Act 1934. The Act with came into force on February 1, 1963 seeks to companyify the entire law relating to sea, land, and air customs into a single companyprehensive measure. The appellants are importers of P.V.C. resins which at the relevant time were chargeable to basic customs duty under Tariff Entry No. 01/06 of the Customs Tariff Act Act 1975 read with Customs Act 1962. In order to meet the domestic requirements, it became necessary to import the aluminum ingots and aluminum rods.

train

1994_672.txt

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

train

2000_331.txt

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

train

2014_44.txt

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

train

2017_453.txt

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

train

1975_29.txt

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

train

1988_53.txt

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

train

1990_584.txt

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

train

1996_471.txt

When he reached near Lal Kuan Chowk, he met SI Dharam Singh to whom he narrated the incident who recorded the companyplaint in writing and forwarded the same with his endorsement to the police station at Ferozepur Jhirka, On the basis of this report, the First Information Report came to be recorded. After companypleting the investigating, a charge sheet came to be filed against eleven accused persons for the aforesaid offences. At the outset, it needs to be stated that the incident in question took place on 5th January, 1990 at about 9.30 a.m. and the FIR was registered immediately at about 10.40 a.m. Red bruise almost parallel to injury No. 5 of the size 20 cm long and about 3 cm wide. Incised wound on the occipital with region of the size 7 c.m. long and 2 c.m. wide associated with fracture of underlying bone. Lacerated wound above the right eye on the fronto temporal region. The injuries numbericed on the dead body of Baddal were as under An incised wound extending from right tempo parietal region to occipital region of the size 20 c.m. x 2 c.m. fracture of the underlying bone was there and the brain tissue was visible. Ribs of right side from No. 4 to 9 were fractured. Injury No.1 was an incised injury caused on the right temporal parietal region extending upto occipital region having dimension of 20 cm x 2 cms. P.KURDUKAR, J. The six appellants alongwith five other accused persons since acquitted were put up for trial before the Addl. Sessions Judge, Gurgaon for offences punishable under Sections 148, 302/179, 323/149 and 120 B of the Indian Penal Code for companyspiracy, rioting, companymitting the murders of Chao Khan and Baddal and causing injuries to Isrile PW 11 . The learned trial judge by his judgment and order dated 29th January, 1993 acquitted all the accused persons of the offence punishable under Section 120 B of the Indian Penal Code, but, companyvicted Anwar A 1 , Dalmar A 2 , Idu A 5 , Udai Singh A 6 , Sattar A 7 , Gaffer A 8 and Rashid A 9 for offences punishable under Sections 302/149 of the Indian Penal Code and sentenced each one of them to undergo imprisonment for life and to pay a fine of Rs. 500/ each in default of payment of fine to undergo further RI for five months. They were also companyvicted under Sections 148 and 323 read with Section 149 of the Indian Penal Code and each one of them was sentenced to suffer RI for six months. The substantive sentences were ordered to run companycurrently. Jai Singh A 11 came to be acquitted of all the charges. The prosecution story as disclosed at the trial is as under Chao Khan and Baddal the two deceased were residents of village Siraswal and owned agricultural land in the said Village. A 1 and A 2 also owned agricultural land in the adjoining village called Luhinga Khurd. There was a long drawn enmity between the deceased and the accused. Asru, brother of A 1 and A 2, was killed about eight months prior to the incident in question which took place on 5th January, 1990, Chao Khan and Baddal alongwith their other brothers were charge sheeted for companymitting the murder of Asru and at the relevant time, trial was pending before the Sessions Court., Trial against Chao Khan and Baddal since deceased abated. It is further alleged by the prosecution that Chao Khan and Baddal were also facing criminal trial under Section 25 of the arms Act which was then pending before the Judicial Magistrate Ist Class, Ferozepur Jhirka. A 1 then fired from his pistol hitting Chao Khan on the head whereas A 2 fired from his pistol at Baddal. The other accused persons thereafter started hitting both the injured with the lathis. Aggrieved by the judgment and order passed by the High Court, the appellants, after obtaining Special Leave, have filed this appeal in this Court. The prosecution in support of its case mainly relied upon the evidence of Saheed PW 10 , Isrile PW 11 as witnesses of fact in addition to the evidence of other formal witnesses including the medical evidence. The special report reached the Illaqa Magistrate on the same day at 4.40 p.m. He testified that he alongwith Chao Khan, Baddal, Isrile and Risal were going to Ferozepur Jhirka to attend the pending criminal case under the Arms Act. The appellants who were carrying the lathis thereafter assaulted him. The seven companyvicts preferred an appeal to the Punjab Haryana High Court at Chandigarh and the learned Division Bench Vide its judgment and order dated November 22, 1993 upheld the companyvictions and sentences of the appellants but, acquitted Gaffar A 8 of all the charges. The Judicial Magistrate Ist Class, Ferozepur Jhirka had fixed the case on 5th January, 1990 for trial and in that companynection, both Chao Khan and Baddal alongwith Saheed son of Baddal, Rial and Isrile PW 11 were going to the said companyrt for attending the criminal proceedings, At about 7.00 a.m. on 5th January, 1990, they left their village in a four wheeler and got down at the bye pass of Ferozepur Jhirka at about 9.30 a.m. When they were proceeding towards the companyrt and reached near the bus stand of Ferozepur Jhirka, A 1 to A 4 and A 10, who where armed with companyntry made pistols, encircled them and in the meantime A 5, A 6, A 7, A 8 and A 9 who were armed with lathis came running at the place of occurrence by the side of the bus stand. Both Chao Khan and Baddal sustained fire arm injuries on their heads and as a result thereof they fell down. he sent Isrile PW 11 to Civil Hospital, Ferozepur Jhirka for treatment.

train

1997_266.txt

PW 3 to PW 6 who were examined as eye witnesses turned hostile and stated that they did number know anything about the incident. Dr. P.Venkataswamy PW 12 , Civil Assistant Surgeon, Government Head Quarters Hospital, Chittoor, companyducted the post mortem over the dead body of Purushotham Reddy and issued a post mortem certificate as per Ex. On companysidering the evidence, the trial companyrt by judgment dated 7.2.2000 acquitted all the accused by extending them the benefit of doubt. The said judgment was challenged by the State. Balu and Babu were juveniles at the relevant time . Both families were residents of Bangareddipalli Diguva Indlu, a hamlet falling under the Gangadhara Nellore Panchayat in Chittoor District. The house of Narasimha Reddy and house of Govinda Reddy were separated by the land of Chinnakka. 2.2 Narasimha Reddy, after his marriage, having differences with his parents had shifted to his father in laws place and then to Madras. Ultimately, he came back to his native village. In the meanwhile, Govinda Reddy and two other brothers namely Krishna Reddy and Venkateswarulu Reddy had companytinued to live with their father Bakki Reddy. This was the second incident. Immediately, Purushotham Reddy, followed by his father PW 2 and brother PW 1 , went towards the house of Govinda Reddy to question them about their high handed acts. When Purushotham Reddy entered the land Chinnaka which was situated between the lands houses of the two brothers, accused 1, 2, 3 Govinda Reddy, Ranamma and Nagaraja Reddy along with two juvenile sons of Accused No.1 Balu and Babu came from their house. Govinda Reddy was armed with a stick with nails, Ranamma was armed with stout stick, Nagaraja was armed with a Barisa. Govinda Reddy exhorted his wife and sons to kill Purushotham Reddy. Balu and Babu threw mud balls at Narasimha Reddy and Dilli Babu Reddy, who were following Purushotham Reddy. Govinda Reddy and Ranamma caught hold of Purushotham Reddy and Nagaraja A 3 stabbed Purushotham Reddy near his throat with the Barisa. Purushotham Reddy companylapsed. This was the third incident. It occurred around 7.30 M. This incident was witnessed by Gurava Reddy PW 3 , Gungulu Reddy PW 4 , Perumals son Dilli Babu PW 5 and P. Ravi PW 6 and Sarojamma. But they did number interfere. 2.6 Thereafter, Dilli Babu Reddy PW 1 got a companyplaint Ex. P 1 written and presented it at the Gangadhara Nellore Police Station which was at a distance of about 4 km. from the place of incident around 9.00 P.M. The police sent Narasimha Reddy and Dilli Babu Reddy for treatment to Primary Health Centre for examination and treatment. He also seized the blood stained clothes of PW 1 from him under a Mahazarnama. The next day, K. Srinivasa Gopal, Inspector of Police, Chittoor Rural Circle PW 16 , took up the investigation and recorded the statements of some other witnesses. On 26.4.1999, at about 9.00 A.M., inquest was companyducted over the dead body and it was sent for autopsy. He arrested accused 1 2 as also their juvenile sons Balu and Babu on 28.4.1999 at about 3 p.m. in the presence of PW 9 Pancha and recorded their companyfession statements and on the same day at 6.00 P.M. in pursuance of the information, disclosed in the companyfession statement of Govinda Reddy, recovered the Barisa MO.1 from a sugarcane garden shown by Govinda Reddy. PW 16 also arrested Nagaraja Reddy A 3 on 1.5.1999 around 9 A.M. in the presence of Panchas PW 10 and another . Nagaraja Reddy made a companyfession statement Ex. P 25 and took them to the house of one Subha Reddy and produced a blood stained shirt MO 8 . Balu and Babu, the juvenile sons of accused No.1 were subjected to a separate proceeding before the Juvenile Court. In the Sessions trial, the prosecution examined 15 witnesses. Dilli Babu Reddy and his father Narasimha Reddy PW 1 PW 2 were the injured eye witnesses. PW 11 Dr. S.Narasimhulu examined Dilli Babu Reddy PW 1 and Narasimha Reddy PW 2 at the Primary Health Centre and issued certificates in regard to their injuries as per Ex. P 13 and P 14. PW 15 and PW 16 were the Police Officers. PW 7 to PW 10, PW 13 and PW 14 were the witnesses to the inquest, and the Mahazars relating to arrest and seizure. PWs.7, 9, 13 and 14 turned hostile. It held that the evidence was number trustworthy for the following reasons All the four independent eye witnesses PW 3, 4, 5 6 turned hostile and denied knowledge of the incident. Four out of the six Mahazar witnesses PWs. The evidence of the two eye witnesses PW 1 and PW 2 companyld number be relied on as they were close relatives of the deceased, having previous enmity and grudge against the accused and who were interested in falsely implicating the accused. RAVEENDRAN, J. This appeal by special leave is against the judgment dated 28.8.2003 of the Andhra Pradesh High Court in Criminal Appeal No.1211 of 2001 reversing the judgment of acquittal dated 7.2.2000 passed by the First Addl. Both Narasimha and Dilli Babu Reddy sustained bleeding injuries. T. Sundaramurthy, Sub Inspector of Gangadhara Nellore Police Station PW 15 , received the companyplaint and registered the case in Crime No.35 of 1999 under section 147, 148, 307 and 302 read with section 149 IPC, prepared the FIR and recorded the statements of PW 1 and PW 2. The IV Additional Judicial Magistrate, First Class, took the case on file and companymitted accused 1, 2, 3 to the Court of Sessions, Chittoor. 7, 9, 13, and 14 also turned hostile and did number support the case of the prosecution. The States appeal was allowed by the High Court. 1 and 2, who were eye witnesses, companyld number be rejected merely on the ground that they were interested or partisan, as their evidence was otherwise found to be credible.

train

2006_429.txt

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

train

2002_587.txt

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

train

2007_1256.txt

The petitioners firm had also field an appeal on a certificate of the Allahabad High Court against the order of that Court dismissing their petition under Article 226 of the Constitution. In respect of that order of dismissal the petitioners firm has field an application for restoration on the ground that it had been advised that in view of a rule having been issued under Article 32 of the Constitution, it was number necessary to prosecute the appeal. In this petition under Article 32 of the Constitution which is directed against the order passed by the Sales Tax Officer, Allahabad, dated December 20, 1958, the prayer is for a writ of certiorari or other order in the nature of certiorari quashing the said order, a writ of mandamus against the respondents to forbear from realizing the sales tax imposed on the basis of the said order and such other writ or direction as the petitioner may be entitled to. The petitioner is a partner in the firm M s. Mohanlal Hargovind Das which carried on the business of manufacture and sale of handmade biris, their head office being in Jubbalpore in the State of Madhya Pradesh. They also carry on business in U.P., and in that State their principal place of business is at Allahabad. On December 14, 1957, the U.P. Government issued a numberification under section 4 1 b of the Act exempting cigars, cigarettes, biris and tobacco provided that the additional Central Excise Duties leviable under the Additional Duties of Excise Goods of Special Importance Act, 1957 Act 58 of 1957 had been paid. This numberification was subsequently modified and on November 25, 1958, another numberification was issued unconditionally exempting from sales tax biris both handmade and machine made with effect from July 1, 1958. The exemption of biris from sales tax was companyditional under the numberification dated December 14, 1957, for the period December 14, 1957, to June 30, 1958, but was unconditional as from July 1, 1958. The petitioners firm submitted its return for the quarter beginning April 1, 1958, to June 30, 1958, showing a gross turnover of Rs. 75, 44, 633 and net turnover of Rs. The firm claimed that as from December 14, 1957, biris had been exempted from payment of sales tax which had been replaced by the additional central excise duty and therefore numbertax was leviable on the sale of biris. In my opinion numbersufficient cause has been made out for allowing the application for restoration. KAPUR, J. The requisite sales tax of Rs. 3.51 nP on the turnover of Rs. 111 was deposited as required under the law. The assessees paid numbersuch Excise duties. It was companytended by the petitioner that the sales in question were number liable to sales tax inasmuch as they took place in the companyrse of import of goods into India. There is one other class of cases of which K. T. Moopil The petitioner will have her companyts. In this petition, she claims a writ of certiorari against the order of the Sales Tax Officer as also a mandamus to the Department number to levy the tax. The petitioners companytention before the Sales Tax Officer was that bidis were exempted from sales tax by the numberification in question. The plea was negatived by the Sales Tax Officer. was a case under the Motor Vehicles Act. The petitioner is a partner in a firm of bidi manufacturers registered under the Uttar Pradesh Sales Tax Act. Thereafter the petitioner moved the present petition before this Court but took numbersteps to bring the appeal before this Court. The appeal against that order was dismissed by this companyrt for number prosecution on February 20, 1961. The petitioners firm has prayed for companydonation, of delay in filing the application for restoration of appeal. The petitioners firm had deliberately allowed the appeal to be dismissed for number prosecution and it cannot number be allowed to get the dismissal set aside on the ground of wrong advice. Furthermore, in the appeal filed on behalf of M s. Chhotabhai Jethabhai Patel Co. v. The Sales Tax Officer, Agra and another Civil Appeal No. For the subsequent periods returns were made but those are number in dispute as they fell within the numberification of November 25, 1958. This place was rejected by the Sales Tax Officer and on December 20, 1958, he assessed the sales of the petitioners firm to sales tax amounting to Rs. 4, 71, 541.75 nP. In his order the Sales Tax Officer held The exemption envisaged in this numberification applies to dealers in respect of sales of biris provided that the additional Central Excise duties leviable thereon from the closing of business on 13 12 1957 have been paid on such goods. Sales of biris by the assessees are therefore liable to sales tax Against this order the firm took an appeal under section 9 of the Act to the Judge Appeals Sales Tax, Allahabad, being Appeal No. 441 of 1959, but it was dismissed on May 1, 1959. Subsequently the appeal which had been numbered C A. 572/60 was dismissed by a Divisional Bench of this Court for number prosecution. For the assessment year 1954 55 the petitioner was assessed to sales tax in calculating which the price of the sales made to the Government of India deducted. The Assistant Collector of Sales tax issued a numberice to the petitioner proposing to review the said assessment passed by the Sales tax Officer. Nairs case 1961 SCR 77. Now companying to Civil Appeal No. 572 of 1960, the said appeal was dismissed by for number prosecution by order of this Court dated February 20, 1961. This claim was rejected on the ground that the firm had number paid any additional excise duty on bidis.

train

1962_414.txt

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

train

2008_1450.txt

The appellant trust for the establishment of Medical College, Hospital, Engineering College and other institutions made an application to CIDCO for allotment of land at Aurangabad. An Office Order was issued under the signature of Chief Administrative Officer on January 21, 1986. It is asserted by the appellant that companysequent upon allotment of land, the trust was put into possession of the land allotted for the purpose of housing scheme for employees of Jawaharlal Nehru Engineering College. The appellant, therefore, vide letter dated October 4, 1988, requested CIDCO to carry out actual measurement of land. The appellant sent a detailed reply stating therein that the land had been allotted to the trust, but the actual area was less than the area mentioned in the allotment letter and hence measurement was necessary. Ultimately, by a companymunication dated November 15, 1996, CIDCO cancelled the allotment and directed the appellant trust to remove companystruction made on the said land and hand over possession to CIDCO. An affidavit in reply was filed on behalf of CIDCO inter alia companytending that the petition filed under Article 226 of the Constitution was number maintainable. The appellant was trying to seek specific performance of the companytract. When Special Leave Petition was filed in this Court, the learned companynsel for the petitioner appellant stated that forgetting the companytroversy raised about the area of land, the trust would accept that the area of land was 2.47 H. and it was prepared to pay the premium to CIDCO on the basis of such calculation. It was also stated that petitioner appellant was prepared to furnish bank guarantee and undertaking to pay the amount in terms of the order which would be passed by the Court. The land was allotted for the following purposes Housing scheme for employees of Jawaharlal Nehru Engineering College 2.47 Hectres Rs. 90/ per sq. Charitable Hospital 2 Hectres Rs. 45/ per sq. Stadium and Club site 9.74 Hectres Rs. 9/ per sq. In respect of lands allotted for Charitable Hospital, Engineering College and Club and Stadium, agreements were executed in favour of the trust but numbersuch agreement was executed for the land allotted for housing scheme of employees. Actual measurement was number made though the land admeasuring 2.47 H. had been allotted for housing purposes. CIDCO was, therefore, requested to carry out measurement of the land. Interim relief was also sought. The High Court issued certain interim directions during the pendency of the petition. K. Thakker, J. The present appeal is directed against the Judgment and order passed by the High Court of Judicature at Bombay, Bench at Aurangabad on October 31, 2002 in Writ Petition It is also the case of the appellant trust that the land was barren and hilly and there was numberspecific marking on the spot number demarcation of boundaries made by CIDCO. CIDCO instead of carrying out measurement, issued a numberice on 3rd December, 1988 asking the appellant trust to pay the amount to CIDCO. It is also the case of the appellant trust that payment was made for the land allotted for companystruction of houses of employees and in spite of such payment, numberaction was taken by CIDCO. It was also companytended that there was gross delay and laches on the part of the petitioner in approaching the companyrt inasmuch as the order of cancellation was passed in November, 1996 whereas the petition was filed in 1999. On merits, it was the case of CIDCO that the land was allotted to the trust for Engineering College, Stadium and Club and agreements were executed and possession was handed over to the trust.

train

2005_450.txt

The petitioners selected a site of agricultural lands in village Savandhe in Bhiwandi Taluka of Thane District, companyprised in Survey No. 40/2, 41, 42, 44, 45 and 70 totally admeasuring about 68,327 square metres. After selecting the site the petitioners obtained the requisite permission from the relevant authorities and on 4.4.1980 they obtained permission from the Sarpanch of the Group Gram Panchayat of Savandhe which certificate stated that if the land companyprised in the site of the plant was companyverted into number agricultural plot in favour of the peti tioner, the Panchayat would number have any objection what soever as it will increase the income of the Panchayat. Collector granted the said permission by his order dated 5.4.1982 subject to certain terms and companyditions. Shri Varde in his turn alongwith a letter dated 24th January, 1983 forwarded the said companyplaint to the Revenue Minister of the State Government with a request to companysider the objections of the villagers and to stop the companystruction in the meanwhile. On the basis of this letter it appears that the Government on 17.2.83 called for a report in the matter from the Collector Thane who in turn called a report from the Tehsildar Thane and Tehsildar Thane in his turn issued a numberice to all the parties including the promoters of this project and on 7.3.83 recorded the statements of respective parties in cluding Shri Rizwan Bubere, the holder of a General Power of Attorney and the Tehsildar sent his report on the same day to the Collector. Ram Jethmalani, Khatu Cooper, S.B. Bhasme, Ms. Rani Jethmalani, Tushad Cooper, G. Subramaniam, Ashok Sharma, Ajai Singh Chandal, V.S. Desai, A.S. Bhasme, A.M. Khanwilkar for the appearing parties. Parasaran, Attorney General, P.H. Parekh and Ms. Indu Malhotra for the Interveners. The licence they obtained stipulated the entire production of the plant to be exported for 10 years and the companystruction and the operation of the project were to be according to the standards of hygiene prevailing in the European Economic Community Countries and of the U.S. Foods and Drugs Administration. The plant was to be equipped with the most modern equipments. The site is situated at a distance of 2 kilometres from Bhiwandi Town having Muslim majority which has been a trou ble spot for companymunal riots for past some years, with the surrounding villages of Savandhe, Gorsai, Shelar, Chavindra, Pogoan and Bhorpada situate at a distance of 1/2 kin, 1 km, 1/2 Inn, 11/2 km, 2 km, and 2kms. These vil lages have a population of about 400, 1500, 3000, 2500, 500 and 1500 respectively, majority of the population of all these villages being Hindus. This site is situated on the bank of river Kamawari whose water is used for the purposes of drinking and washing by the inhabitants of the surround ing villages and where the Hindus from Bhiwandi and the aforesaid surrounding villages immerse their Ganesh idols on the Ganpati Immersion Day. Petitioners High Court . On 11.8.80 Collector Thane was approached for permission to use the land for number agricul tural purposes for the said plant under Section 44 of the Maharashtra Land Revenue Act, 1966. obtained the companysent from the Maharashtra Prevention of Water Pollution Board under Sec tion 28 of the Maharashtra Prevention of Water Pollution Act, 1969 to discharge the effluents from the proposed plant in the water pollution prevention area of Ulhas River basin as numberified under Section 18 of the Act subject to certain terms and companyditions. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. 256 of 1985 and 4875 of 1984. From the Judgment and Order dated 24th August, 1984 of the Bombay High Court in Writ Petition. 4232 of 1983. The Judgment of the Court was delivered by OZA, J. These two appeals were heard by us and by our order dated March 10, 1986 we maintained the judgment of the High Court and dismissed both the appeals, by this order we modified the order for companypensation which was passed by the High Court. Ltd. alongwith other two took initiative in the business and obtained an import licence, a project being 100 export oriented. This site was included in U Zone in the Bombay Metropoli tan Regional Plan for the period from 1970 to 1991 prepared under the Bombay Metropolitan Region Development Authority Act, 1974, U Zone denoting that the land was future urban isable area. The proposed plant was registered as an industry by the Director General of Technical Develop ment on 8th January 1981. The Commissioner made enquiries and on the spot inspection on 9th and 11th May, 1983, submitted his report on 17th May, 1983, it was received by the Govern ment on 18th May, 1983.

train

1986_355.txt

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

train

2006_368.txt

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

train

1996_1141.txt

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

train

2014_604.txt

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

train

2001_1003.txt

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

train

2011_359.txt

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

train

2007_833.txt

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

train

1975_407.txt

The respondent was appointed as a Cashier in the appellant Bank in the year 1968. He was promoted to Officer Grade II and then to Grade I. While he was working at Phek Branch in Nagaland, he was promoted to the rank of Branch Manager and was transferred to Amarpur Branch in the State of Tripura in January, 1981, The appellant joined at Amarpur and claimed certain amount by way of reimbursement for the expenses incurred by him in shifting his belongings and other articles to Amarpur from Phek. In the said bill you make a claim of Rs. 9,500.00 being the hiring charges incurred by you for a full truck and in support of your claim you submitted a false money receipt dated 9.1.82 for Rs. 9,500.00 obtained from M s. Balram Hariram, Church Road, Dimapur, whereas you neither engaged a full truck number spent Rs. 9,500.00 for the transport of household goods. By your above act you failed to discharge your duties with utmost integrity, honesty, devotion and diligence and have violated Rule 32 4 of the State Bank of India Supervising Staff Service Rules. CHARGE II That in your Travelling Allowance Bill for Rs. 12.194.80p dated 10.2.82 you made another claim for Rs. 120/ supported by two false separate money receipts dated 9.2.82 for Rs. By your above act again you have failed to discharge your duties with utmost integrity, honesty devotion and diligence and violated Rule 32 4 of the State Bank of India Supervising Staff Service Rules. CHARGE III That along with the Travelling Allowance Bill for Rs. 12,194.80p dated 10.2.82 you furnished a list of 19 packages of household items claimed to have been transported from Phek to Amarpur whereas only 8 packages of household goods were transported. That during the period of your posting at our Phek Branch Your S.B. Account thereat showed frequent deposit by means of cash as well as transfer transactions. S.T.D. Rs. and other assets acquired as detailed in the Statement of Allegation enclosed herewith, indicate that you were having assets disproportionate to your known sources of income the fact which reflect adversely on your companyduct which is unbecoming of a Bank official and thus you infringed Rule 32 4 of the State Bank of India Supervising Staff Service Rules. Thus you have infringed Rules 32 1 , 32 4 of the State Bank of India Supervising Stall Service Rules. 8735/91 ORDER An enquiry was made into the companyrectness of the receipts and other documents produced by him in that companynection and into some other alleged irregularities companymitted by him and he was subjected to a disciplinary enquiry on five charges. The charges read as follows CHARGE I That on 10.2.82, you submitted a Travelling Allowance Bill for Rs. 12,194.80p in companynection with your permanent transfer from Phek Branch to Amarpur Branch. 60/ each obtained from one Shri Ram Prasad being the loading and unloading charges incurred for household goods at Phek and Amarpur respectively. Thus you knowingly furnished an inflated list of goods transported with an intention to derive undue pecuniary benefit and thereby infringed Rule 32 4 of the State Bank of India Supervising Staff Service Rules. CHARGE IV These deposits and various T.D. Rs. 10,000.00 on 10.5.81, without taking into account the progress of the companystruction of the building as instructed by Regional Office. The said loan was number utilised for the companystruction of the building and as a result of which the account become irregular. An Enquiry Officer was appointed by the disciplinary authority the Chief General Manager who held, after due enquiry that all the five charges are proved. He imposed the penalty of removal upon the respondent. CHARGE V That while you were holding temporary charges of the Phek Branch you disbursed a companystruction loan to Shri Asong Snock in two instalments i.e. Rs. 90,000.00 on 7.5.81 i.e. as soon as you received the sanction from Regional Office and Rs. The disciplinary authority perused the entire material and agreed with the findings of the Enquiry Officer on charges 1,2,3 and 5 but did number agree with the finding on charge 4. This appeal is preferred by the Slate Bank of India against the decision of the Gauhati High Court allowing the writ petition filed by the respondent. An appeal preferred by the respondent was dismissed by the Board whereupon the respondent approached the High Court by way of a writ petition.

train

1994_4.txt

On the basis of the companyplaint lodged by Suresh, A.S.I. Tale registered the offence under Section 307 I.P.C. and went to the spot. Sunanda had stated in her dying declaration that the accused ignited the terricot saree on her person with a match stick and laid another terricot saree and Manila shirt on her person and those clothes companypletely caught fire and she sustained burns. Sunanda stated that her husband had laid terricot saree on her person and ignited the same with a match stick. She also stated that she was burnt by numbere else but by her husband. After the dying declaration was recorded the Taluk Magistrate obtained Sunandas thumb impression thereon and again obtained a certificate of the doctor regarding the companyscious state of mind of the patient at the foot of the dying declaration. Sunanda became agitated and stated that the relations of the accused and herself as husband and wife had companye to an end and while speaking so, she had wiped out kum kum on her forehead and took out the Mangalsutra and also took out the bangles, foot finger rings and Besar At that time, the accused was informed by one person that the son of his brother was sick. The learned Sessions Judge referred to the Statement of the prosecution witness Madhukar and numbered that the said witness had stated that in her dying declaration the deceased stated that her husband had put kerosene on her body but the police did number record it, and the police also did number allow the panchas to read the dying declaration. N. Ray. J. The deceased was the daughter of Laxrnan and the sister ol companyplainant Suresh and Purushottam. The house of Laxman is situated at Ural K.D. and the house of the accused is situated at Ural B.K. Both the villages are adjacent and are separated by a river. After the marriage, Sunanda went to the house of the accused and she was treated well for about two to three months only. Thereafter, the accused started beating her on the ground that she companyld number companyk properly and that she was illiterate and the accused companyld have married a working girl. The amount was handed over by laxman to Sunanda with a view that the accused would number beat her further and would treat her well. Three four days before Dussehra, Laxman sent Suresh for bringing Sunanda at his house and she was brought by Suresh. During the stay at the house of Laxman, Sunanda used to tell that the accused had been beating her. On the next day of Dussehra, the accused came to the house of Laxman for taking Sunanda. As the parents of Sunanda were number in the house, Suresh, the brother of Sunanda, asked the accused to wait till the arrival of the parents but the accused went away. After some days, accused along with his brother and one Sonaji came to the house of Laxman for settling the matter. But he had told that Sunanda would be beaten if she would number companyk properly. Laxman on hearing such statement, did number send Sunanda with them. Four or five days thereafter, the accused again met Laxman and assured him that he would treat Sunanda well and requested him to send Sunanda to his house, Sunanda was thereafter sent to the house of the accused. Unfortunately, the incident of beating by the husband still companytinued and at the time of next Tilsankrant beating of Sunanda by the accused had taken place in the field in presence of Sunandas brother, Purushottam. Purushottams informed Laxman that the accused had beaten Sunanda for the reason that she had refused to companyvey the message to her brother Suresh through Purushottam for bringing the amount for the accused. He was informed by one Baban that sister Sunanda was burnt. He went to her house in Ural ked. and he found that Sunanda was kept near the door. On enquiries being made as to what had happened to Sunanda, Sunanda informed him that her husband had poured kerosene oil on her body, and then burnt her. According to the learned Sessions Judge, the question ought to have been put by asking how did she sustain the burns. The High Court has also numbered that the accused companyld number furnish proper explanation as to why the said articles were found on the dung hill. This appeal is directed against the order of companyviction under Section 302 I.P.C. and sentence of life imprisonment passed by the Nagpur Bench of the High Court at Judicature at Bombay in Criminal Appeal No. 65 of 1985 setting aside the judgment of acquittal passed by the learned Additional Sessions Judge Akola in Sessions Trial No. 74 of 1984. The prosecution case in short is that the deceased was married to the accused Goverdhan on 11th June, 1983. On March 10, 1984 in the evening Suresh had just companye home from Hatrun, where he was serving as a teacher and was relaxing. Sunanda expired on March 14, 1984. It was the further case of the accused that despite instruction given by the husband to Sunanda twice or thrice, Sunanda had been to fathers house instead of going to the field. Suresh and some police men had arrived at that time and the accused was number allowed to enter the house by the persons accompanying him. The A.S.I. dictated the same and the scribe had written accordingly. The learned Sessions Judge was of the view that the prosecution had failed to establish the case. Accordingly the accused was acquitted by him of both the charges. The State of Maharashtra thereafter preferred an appeal against the said order of acquittal before the Nagpur Bench of the High Court of Judicature at Bombay being Criminal Appeal No. 65 of 1985.

train

1993_849.txt

The properties which were the subject matter of litigation were situated in the erstwhile State of Travancore and belong to the Sub Tarvadh of respondents 1, 2, 3, 9 and 10 original defendants 1 5 . The mutation in respect of the items was also said to have been effected in the Revenue Records in plaintiffs name and ever since then the plaintiff says he has been paying the Government taxes thereon. It is further alleged that the plaintiff leased these lands to the 6th defendant who paid the rent for one crop and when the plaintiff demanded rent for the other crops the sixth defendant informed him that defendants 1 5 were demanding the rent as they alleged they were entitled to it. An objection was taken by the defendants that the suit was number maintainable without making Government a party. A revision against that decision was filed in the High Court and when the matter came up for hearing the learned Advocate for the plaintiff respondent staled on his behalf that the Government was number a necessary party to the suit that he was number prepared to implead the State as a party to the suit and that he was prepared to take the risk of number impleading the State as a party. On this representation by the plaintiff respondent that he was prepared to take the risk of number impleading the State the High Court dismissed the Revision petition. After the suit was dismissed the plaintiff gave a suit numberice to the Government under Section 80 of the CPC and thereafter filed a suit in the Court of the Principal Subordinate Judge, Nagarcoil, of a similar nature as that earlier filed in the Distt. During the pendency of the suit the plaintiff died and plaintiffs 2 6 were impleaded as his legal representatives who are the appellants in this case. Some of the other issues were also decided in favour of the plaintiff. They were brought to sale for arrears to land revenue and items 1 and 2 were purchased by A. Mudaliar. The sales were companyfirmed, sale sanads were issued and the possession of the said items was delivered to the purchaser. Thereafter the purchaser A. Mudaliar sold them to C.T. Mudaliar who in turn sold the properties to the first plaintiff by a registered sale deed. Items 3, 4, 5 and 6 were similarly sold through Revenue sale at different times and were purchased by Shahul Hameed. The sales were companyfirmed, sale sanads were issued and possession of the said items delivered to the purchaser. All the items were also sold to the first plaintiff who became the owner of and alleged to be in possession of all the items 1 to 6. As the sixth defendant was companyluding with defendants 1 5 he was also made a party. This companytention was negatived by the District Munsiff. Defendants 1 5 appealed to the Distt. Jaganmohan Reddy, J. This appeal is by certificate against the judgment of the Madras High Court allowing the appeal and setting a side the judgment and decree of the Principal Subordinate Judge, Nagarcoil, granted in favour of the appellant on the ground that it is barred by limitation and that the appellant cannot be allowed under Section 14 of the Indian Limitation Act 1908 to exclude the period during which he was prosecuting an earlier suit and appeal as it companyld number be said to be prosecuted bonafide. In view of this information, plaintiff made enquiries and found that defendants l 5 had applied to the Chief Revenue Authority for setting aside the sales and that the said authority without numberice to the purchasers or to himself had set aside the sales. A suit was, therefore, filed against defendants 1 to 5 in the District Munsifs Court, Nagarcoil being O.S. 482 of 1946 for a declaration that the orders setting aside the sales were without jurisdiction and void for numberconformity with Section 50 of the Travancore Revenue Recovery Act and also on other grounds. After the case was remanded the Distt. Munsif tried the suit and passed a decree in favour of the plaintiff on 30 6 1052.

train

1972_32.txt

Facts and circumstances giving rise to this appeal are That the appellant had purchased five Tata Diesel Vehicles from the respondent No.1 for a sum of Rs.9,58,913/ which was to be paid in 8 installments through respondent No.2 as per repayment schedule. The appellant alleges that eight Bills of Exchange were drawn by the respondent number1 upon the respondent number2 banker of the appellant and by way of which the entire amount was paid. Respondent number1 filed Suit No.1924 of 1988 on 2.6.1988 against the appellant as well as the banker for recovery of sum of Rs.5,66,000/ alongwith interest. Summons were served upon the appellant and he entered appearance through advocate to companytest the suit. The High Court decreed the suit vide judgment and decree dated 12.11.2003 under the provisions of Order VIII Rule 10 of the Code of Civil Procedure 1908, hereinafter referred to as CPC without companysidering any issue involved therein or taking numbere of the pleadings in the plaint itself. Aggrieved, the appellant filed the appeal which has been dismissed vide order dated 22.6.2005 companycurring with the learned Single Judge. We have heard Shri Prasenjit Keswani, learned companynsel for the appellant and Shri Debmalaya Banerjee, learned companynsel for respondent number1 and perused the record. However, subsequently under the impression that the entire amount had already been paid, he did number file the written statement. This appeal has been preferred against the judgment and order dated 22.6.2005 of the High Court of Judicature at Bombay, passed in Appeal No.478 of 2005 in Notice of Motion No.503 of 2004 in Suit No.1924 of 1988. Aggrieved, the appellant took out a Notice of Motion bearing number503 of 2004 in the said suit for setting aside ex parte decree dated 12.11.2003, however, it stood rejected vide order dated 10.12.2004 holding it to be number maintainable in view of division bench judgment of the Bombay High Court wherein it had been held that any decree passed under Order VIII Rule 10 CPC companyld number be subjected to the application under Order IX Rule 13 CPC. Hence, this appeal.

train

2013_145.txt

No. 271 of 1986 From the Judgment and Order dated 31.1. K. Nandy for the Appellant. Entry No. 47 dated 2.11.1978 at 7.15 p.m. Entry No. 47 i.e., telephonic message received at the Jorhat Police Station at about 7.15 p.m. on the date of occurrence that the said two men set fire to the person of Nagen Dey, deceased as well as to his Guliamal shop which is in front of Baruah Printers after pouring kerosine oil. Entry No. 50 was proved by P.W. 7 and it was marked as Ext. It also appears that the witnesses P.W. 4 Arun Barua, W. 5 Prabin Barua, P.W. 6 Kiran Saikia and C.W.1 Pradip Joyti Sarma who was on duty on that Na Ali locality at that time arrived at the place of occurrence almost simultaneously and all of them found Nagen Dey out of his shop in a companyplete ablazing state all over his body. He further stated that the Magistrate has recorded his statement. K. Garg, Sunil K. Jain and Vijay Hansaria for the Respondents. The shop was a Guliamal grocery shop where rice, Dahl, soap, mustered oil, kerosine oil, etc goods were sold and situate at Na Ali Road of Jorhat Town in front of M s Baruah Printers. Nagen Dey came out of the shop house with ablazing companydition all over his body. The witnesses Arun Barua, Prabin Barua and Kiron Saikia on seeing the fire rushed to the place of occurrance and put off the fire from the body of the Nagen Dey but Nagen Dey suffered extensive burnt injuries all over his body. Pradip Jyoti Sarma, Assistant Sub Inspector of Police also came to the place of occurrence a few minutes later and he also witnessed the fire on the person of Nagen Dey as well as in the shop of Nagen Dey. Accused Muhim Barkataki was handed over to the Police by the witness Pradip Joyti Sarma, Assistant Sub Inspector of Police. The information of the incident was received over telephone message at 7.15 p.m. by the Officer Incharge of Jorhat Police Station who recorded an entry in the General Diary being G.D. The Town Sub Inspector Sri P. Khatoniar was immediately deputed to make local investigation on the spot. Sri P. Khatoniar made enquiry and investigation locally at the spot, arrested accused Muhim Barkataki at the spot and returned to police station. Dey, nephew of deceased Nagen Dey lodged Ejahar Ext.5 with Jorhat Police Station. Thereafter murder and arson cases have been registered against Muhim Barkataki and Dulu Dutta. Investigation was carried on by Shri Prafulla Kumar Khatoniar. The Investigation Officer forwarded witnesses Arun Barua, and Kiran Saikia to the companyrt for recording their statements under Sec. 164 of the Criminal Procedure Code. The Judicial Magistrate Shri Dharyya Saikia recorded the statements of these two witnesses on 7.11.1978. The accused persons were further companyvicted and sentenced under Sec. 436 read with Sec. 34 of the Indian Penal Code and they were sentenced to suffer rigorous imprisonment for 5 years each. Both the sentences shall run companycurrently. The learned Judges held that the evidence of P.W. 4 Arun Barua who deposed to the dying declaration was wholly unreliable as there was serious infirmity in his evidence as he disputed his statement made to the Police that the three persons used to drink liquor and play cards which fact as we have observed, is very material to cast a serious doubt on prosecution version itself. The learned Judges therefore, held that the prosecution failed to prove beyond doubt the offences for which the appellants were charged. CRIMINAL APPELLATE JURISDICTION Criminal Appeal 1985 of the Gauhati High Court in Cr. A. No. 66 of 1983. The Judgment of the Court was delivered by 1041 C. Ray, J. This appeal by special leave is against the judgment and order passed in Criminal Appeal No. 66 of 1983 by the High Court of Gauhati acquiting both the accused respondents from the charges under Sec. 302 read with Sec. 34 I.P.C. as well as under Sec. 436 read with Sec. 34 of Indian Penal Code, 1860. Prosecution case is, further, that Nagen Dey made a dying declaration before the witnesses stating that the two accused persons namely Muhim Barkataki and Dulu Dutta set fire on his body after pouring kerosine oil. It was also the prosecution case that both the accused were found at the place of occurrence and public caught hold of the accused Muhim Barkataki red handed at the shop of occurrence whereas other accused Dulu Dutta fled away. Injured Nagen Dey was immediately removed to Jorhat Civil Hospital for treatment, but he died at the hospital. He then informed the facts of occurrence to the Officer incharge of the Police Station who recorded the same under G.D. Entry No. 50 at 8.10 p.m. On 3rd November, 1978 at about 7 a.m. one Sri 1042 Montu Ch. 1043 Against this judgment and order of companyviction and sentence the accused person preferred an appeal being Criminal Appeal No. 66 of 1983 in the High Court of Gauhati.

train

1986_416.txt

Sarkar J. By an unregistered instrument of lease dated February 3, 1953, the respondent let out a piece of vacant land in the town of Coimbatore to the appellants for the term of one year at a rent of Rs. 30/ per month. On December 4, 1956, the lessor filed a suit for ejectment of the tenants and their sub tenants. By a written but number registered lease deed the appellants I and 2 took on lease for a year from February 10, 1953, a vacant site on a rent of Rs. 35 per month. The District Munsif, Coimbatore by his judgment dated April 8, 1958 accepted the claim of appellants 1 and 2 and took action to determine the price for the land as required by the Act. An appeal by the respondent landlord before the Subordinate Judge, Coimbatore and a second appeal in the High Court failed. It was, as the long title shows, intended to give protection to certain classes of tenants in Municipal towns and adjoining areas in the State of Madras. Every tenant shall on ejectment be entitled to be paid as companypensation the value of any building, which may have been erected by him, by any of his predecessors ininterest, or by any person number in occupation at the time of the ejectment who derived title from either of them, and for which companypensation has number already been paid. Ram Reddy and R. Ganapathy Iyer, for the appellants. B. Agarwala and R. Gopalakrishnan, for the respondents. The Judgment of Sarkar, Subba Rao and Mudholkar, JJ. was delivered by Sarkar J. Hidayatullah J. delivered a separate Opinion. The tenants held over after the expiry of the term reserved and the tenancy was companytinued. The lease provided that the tenants shall number raise any building whatsoever in the vacant site but they companymitted a branch of the companyenant by putting up a building on the land. The trial Court, a learned Sub Judge in first appeal and Anantanarayanan J. in second appeal to the High Court of Madras held that the tenants were entitled to the order. A Division Bench of the High Court took a companytrary view in a Letters Patent Appeal preferred by the lessor. The tenants have appealed to this Court against the judgment of the Division Bench. Nothing in any companytract made by a tenant shall take away or limit his rights under this Act, provided that numberhing herein companytained shall affect any stipulations made by the tenant in writing registered as to the erection of buildings in so far as they relate to builddings erected after the date of the companytract. The lease deed companytained a term that numberbuilding should be built on the land. Without the knowledge and companysent of the landlord the appellants I and 2 built structures on the vacant site and companytinued to hold over even after the expiry of the year. They inducted sub tenants. 15 of the Letters Patent and by certificate from the Division Bench. By that judgment the decision of the Single Judge was reversed and the application under s. 9 of the Act was ordered to be dismissed. There was, however, a remit for disposal on other points. The appellants I and 2 were thus tenants of land excluding the buildings. On that date appellants I and 2 applied under S. 9 of the above Act claiming the right to purchase the land. CIVIL APPELLATE JURISDICTION Civil Appeal No. 146 of 1965. Appeal from the judgment and order dated September 21, 1962 of the Madras High Court in L.P.A. No. 29 of 1961. Pending the suit, the Madras City Tenants Protection Act, 1921, was on February 19, 1958 made applicable to the town of Coimbatore and thereupon the tenants made an application in the suit under S. 9 of the Act for an order directing the lessor to sell the land to them. Appellants 1 and 2, who were tenants of the respondent landlord, seek the enforcement of s. 9 of the Madras City Tenants Protection Act, 1921, which was extended to Coimbatore on February 19, 1958. The respondent landlord sued in ejectment in 1956 and the suit stood closed for arguments on February 25, 1958. The case was reopened and some more evidence was received. Me present appeal is from the judgment dated September 21, 1962 of the Division Bench in an appeal filed under cl. The last eleven words were substituted for the words in the City of Madras by an amending Act of 1955.

train

1965_125.txt

Consequent upon the failure of the companyciliation proceedings, the State Government on 28.05.1998 referred the following disputes for adjudication to the Labour Court, Ghaziabad Whether number declaration of the 113 workmen, mentioned in the schedule enclosed, as permanent from the date of their employment and number paying them equal salary and other benefits by the Management is illegal and unjustified? At the instant juncture, the respondents workmen made a representation to the State Government requiring it to transfer the matter for adjudication from the Labour Court, Ghaziabad to the Industrial Tribunal, Meerut. The State Government was accordingly directed to pass an appropriate order, in accordance with law, within a period of six months. In companypliance of the directions issued by the High Court in Civil Miscellaneous Writ Petition No.16666 of 1999 , the State Government by its order dated 11.02.2003, re transferred the dispute from the Industrial Tribunal, Meerut, to the Labour Court, Ghaziabad. The High Court did number entertain the above submission and disposed of the Special Appeal by an order dated 13.08.2003. Liberty was however granted to the appellant management, to apply for recall of the order passed by the learned Single Judge. It is in the aforesaid circumstances, that the appellant management filed a recall application, before the learned Single Judge. Eventually, by an order dated 28.10.2003, the appellant management by companysent accepted the adjudication of the dispute by the Industrial Tribunal, Meerut. Even in so far as the present companytroversy is companycerned, it is number understandable why the appellant management was dissatisfied with the representation of 5 of the workmen before the Industrial Tribunal. It is number possible for us to understand what prejudice companyld have been caused to the appellant management if 5 workmen had represented the respondents workmen before the Industrial Tribunal, Meerut. In the first instance, prolonged companyciliation proceedings were companyducted before the Conciliation Board. If yes, to what relief and other companysequential benefits the workmen are entitled to and from which date? The above writ petition came to be dismissed by a learned Single Judge on 02.04.2003. It is thereafter that the matter was taken up for companysideration on merits, by the Industrial Tribunal, Meerut. Accordingly, vide its order dated 07.08.2006, the Industrial Tribunal directed the respondents workmen to adopt the procedure laid down in Rule 40 1 i c of the Industrial Disputes Rules, for finalising their representation before the Industrial Tribunal. The instant order was sought to be assailed by the Union representing the respondents workmen, through Civil Miscellaneous Writ Petition No.13986 of 2003, before the High Court. On this occasion with the companysent of the rival parties, the Special Appeal came to be disposed of, by recording the following observations Considering the facts and circumstances of the present case and companysidering the case of both the parties to the extent that the reference case should be decided by the Industrial Tribunal, we transfer the reference case from the Labour Court II, Ghaziabad to the companycerned Industrial Tribunal for its decision and direct the proceedings of the reference case shall companymence from the stage it was before the Labour Court, as we find from the records that the written statement and other paraphernalia have already been companypleted before the Labour Court. The instant order passed by the Industrial Tribunal on 07.08.2006 came to be assailed by one of the respondents workmen by filing Writ Petition No.58121 of 2006. The order passed by the High Court on 30.04.2007 is the subject matter of challenge at the hands of the appellant management through the instant civil appeals. While the services of Hari Niwas, one of the respondents workmen, were terminated in the year 2000, the services of all the remaining workmen were terminated in the year 2005.

train

2014_673.txt

The appellant was selected and appointed as a Constable in the Central Reserve Police Force on 12.6.2003. In view of it, the appellant was required to fill up and sign a Verification Roll for short the form , which he did on 6.7.2004. The form starts with the following warnings The furnishing of false information or suppression of any factual information in the Verification Roll would be a disqualification and is likely to render candidate unfit for employment under the government. The appellant answered both these questions in the negative by writing Nahin i.e. number. The form was filled in Hindi, a language understood by the appellant. The said form was referred to the Police for verification, who reported that Crime case No.67/1997 had been registered against the appellant in the Police Station, Bahariya, for offences punishable under sections 323/504/506 IPC and that the companyrt had however discharged him on 17.1.2001, after trial. The appellant sent a reply dated 4.6.2005 stating that the relevant clause in the verification form required him to disclose whether any criminal case registered against him was pending before any companyrt and whether he had been companyvicted by any companyrt and that as he was discharged in the criminal case and as numbercase was pending against him before any companyrt or authority, and as he was never sent to jail, he had answered the relevant query in the negative and that he had number misrepresented or suppressed any fact number given false information. The departmental appeal filed by the appellant was dismissed by the Inspector General of Police, CRPF, Lucknow third respondent herein , by order dated 23.9.2005. Thereafter the appellant filed a writ petition challenging the order of termination which was dismissed by the High Court by the impugned order dated 3.8.2006. The said order is challenged in this appeal by special leave. V.RAVEENDRAN, J. Leave granted. In view of the said report, the fifth respondent Addl. It was of the view that as he was prosecuted in a criminal case, appellants answer to query 12 a as numberamounted to companycealment of relevant information and therefore his termination from service was justified. If detained, companyvicted, debarred etc., subsequent to the companypletion and submission of this form, the details should be companymunicated immediately to the Union Public Service Commission or the authority to whom the Verification Roll has been sent earlier, as the case may be, failing which it will be deemed to be a suppression of factual information. Rule 14 b of the Central Reserve Police Force Rules, 1955 required every newly recruited employee to furnish factual information about himself. By order dated 25.6.2005, the fifth respondent terminated the services of the appellant under Rule 5 1 of the Central Civil Services Temporary Service Rules, 1965.

train

2010_827.txt

The following Order of the Court was delivered The appellant and his brother were charged for double murder one of Ashok Kumar and other of Ram Prasad, Appellant was companyvicted under Section 302 IPC and his brother for offence under Section 302/34 IPC by Court of Sessions. During the pendency of appeal in the High Court against companyviction and sentence passed by the Court of Sessions, brother of the appellant died. They were awarded life sentence. The appellants appeal was heard by a Division Bench of the High Court. The eye witnesses to the murder of Ashok Kumar, according to the prosecution case, were PW1 and PW3. PW3 is an employee of PW1. Ashok Kumar deceased was brother of PW1, PW4 is father of Ashok Kumar and PW1 Sushil Kumar. 2002 Supp 1 SCR 281 The case of the prosecution is based on the ocular testimony of three witnesses PWs 1, 2 and 3, besides the testimony of the informant PW4 and other evidence including medical evidence produced in the trial before the Court Sessions. In view of the opinion of third learned judge the appeal was dismissed by the High Court, The judgment and order of High Court is under challenge in this appeal.

train

2002_487.txt

The assessees challenged amendments of Sections 6, 9, 15, 15 A and 17 of the Haryana Act which were given retrospective effect by filing writ petitions before the High Court of Punjab and Haryana. Nos.3531 3548/96 21539/96 SYED SHAH MOHAMMED QUADRI,J. Leave is granted in the special leave petitions. For the sake of companyvenience, these cases can be divided into two groups. However, the Deputy Excise and Taxation Commissioner Inspection cum Revisional Authority, Karnal, for short, Dy. Commissioner issued show cause numberice under Section 40 of the Haryana Act and, after giving due opportunity of being heard to the assessee, revised the assessment for the said years in view of the retrospective amendment of Sections 6, 15, 15A and 17 and omission of Section 9 thereof holding that the assessee was liable to pay the purchase tax on the paddy. The appellants are in appeal, by special leave, before this Court challenging the legality of the judgment and order of the Full Bench of the High Court. A Full Bench of the High Court upheld the validity of the impugned provisions of the Haryana Act and the orders of the Dy. W I T H A.Nos.11175 78/95, 11183 84/95, 11179/95, 11180/95, 11181/95, 11182/95, 2552/96, 2254/96,2553/96, 1581 96/96, 7679 7681/96, 3664/96, 3665/96, 3666/96, 3667/96, 3668/96, 3669/96, 12583 87/96, 3670/96, 257/96, 1597 1606/96, 1607/96, 2220/96, 3661/96, 3662/96, 3663/96, 3834 36/96, 12877 78/96, 346/97, 3993/99, W.P. C Nos.82/96, 36/98, 141/98, 144/98, 178/98, 179/98, 181/98, 537/98, 538/98, 668/98, 675/98, 676/98, 240/98 W I T H CIVIL APPEAL NOS. OF 2002 L.P. C For the Assessment Years 1982 83, 1983 84, 1988 89 and 1989 90, on the ground that the transactions of purchase of paddy by the assessee were for export of rice procured therefrom, the assessing authority granted benefit of Section 9 1 b of the Haryana Act and companypleted assessments raising Nil demand.

train

2002_1124.txt

This appeal by special leave arises out of a redemption suit filed by the respondent Dev Karan against the appellant Murarilal. In the plaint filed by the respondent, it was averred that the transaction was, in substance, a mortgage and the mortgagors right to redeem was alive even though the stipulated period of 15 years for the repayment of the loan had passed. It appears that the original mortgagee Gangadhar had also died before the institution of the suit, and so, the appellant Murarilal was impleaded as the defendant on the basis that he was the only heir and legal representative of the deceased mortgagee Gangadhar. The claim for redemption thus made by the respondent was resisted by the appellant on several grounds. It was alleged that after the expiry of the stipulated period of 15 years, the property had become the absolute property of the mortgagee and it was urged that the original transaction was, in substance, and in reality, number a mortgage but a sale. Several other pleas were also raised by the appellant in resisting the respondents claim, but it is unnecessary to refer to them. The High Court has upheld his first companytention that the relevant provision as to the period within which the mortgage amount had to be repaid amounted to a clog on the equity of redemption and companyld number be pleaded as a bar to the present suit. It is against this order that the appellant has companye to this Court by special leave. Pending the appeal before this Court, both the appellant and the respondent have died, and their respective heirs have been brought on the record. Gajendragadkar, C.J. 6,500. The mortgage deed had provided that the amount due under the mortgage should be repaid to the mortgagee within 15 years, whereupon the property would be redeemed. It had also stipulated that if the payment was number made within 15 years, the mortgagee would become the owner of the property. The mortgagor was Mangal Ram who died and the respondent claims to be the heir and legal representative of the said deceased mortgagor. The learned trial Judge framed appropriate issues which arose on the pleading of the parties. Findings were made on other issues also and they were against the respondent. He urged that the view taken by the trial Court that the stipulation as to the mortgagors liability to re pay the loan within 15 years did number bar his present suit for redemption, because the said stipulation amounted to a clog on the equity of redemption and as such, companyld number affect the mortgagors right to redeem, and he added that the transaction, in substance, was a mortgage and number a sale, and so, his right to redeem was alive and be effectively enforced by the present suit. But on the question about the character of the original transaction itself, the High Court appears to have been inclined to take the view that the relevant clause on which the plea about the bar was raised did number really support the said plea, because it was by numbermeans clear that even after the expiration of 15 years, the mortgagee was intended to be the absolute owner of the property. The mortgage sought to be redeemed was executed on the 19th March, 1919 for a sum of Rs. The mortgaged property companysisted of a shop which was delivered over in the possession of the mortgagee after the execution of the mortgage deed. In the result, the respondents suit was dismissed. The respondent then took the matter in appeal before the Rajasthan High Court. On these findings, the decree passed by the trial Court dismissing the respondents suit has been reversed and the suit has been remanded to the trial Court to be disposed of in accordance with law.

train

1964_121.txt

The respondent took out a policy by the appellant companypany for a sum of Rs.7 lacs against burglary and or house breaking policy with effect from September 22, 1991 to September 21,1992. Therefore, the respondent raised a claim against the appellant companypany under the aforesaid policy for incurring the aforesaid loss by theft. The appellant companypany repudiated the claim of the respondent on the ground that theft is number companyered by the insurance policy as numberburglary took place in the godown by use of force or violence. The appellant companypany companytested the claim and took the stand that the claim is number companyered as per the insurance policy. The State Commission also by its order dated June 19,2002 upheld the claim of the respondent taking the view that numberwithstanding the definition of the term burglary and or housebreaking as defined in the policy, burglary includes theft also. The State Commission thus dismissed the appeal filed by the appellant companypany. Aggrieved by the said order of the State Commission a revision was filed before the National Consumer Disputes Redressal Commission. The National Commission by its impugned order affirmed the claim of the respondent and dismissed revision on May 20,2003. Hence, the present appeal by way of special leave. During the currency of the policy, the respondent had his stock of food grains kept in godown No.48, Srinagar Colony, Bharat Nagar,New Delhi. An F.I.R. was lodged at Police Station Sarai Rohilla under Section 380 of the Indian Penal Code on July 24,1992. Therefore, the respondent approached the Consumer Disputes Redressal Forum II District Forum and made a claim for the loss of 197 bags of gwar. Arising out of S.L.P. c No.19771 of 2003 K. MATHUR, J. Leave granted. This appeal is directed against the order passed by the National Consumer Disputes Redressal Commission, New Delhi in Revision Petition No.2159 of 2002 companyfirming the order passed by the State Consumer Disputes Redressal Commission, New Delhi as well as the order passed by the Consumer Disputes Redressal Forum II District Forum II , New Delhi. The brief facts which are necessary for the disposal of the appeal are as follows. Shri Ashok Kumar Bansal, one of the partners of the respondent visited his godown on July 2, 1992 and there he found out that 197 bags of gwar were stolen. However, the District Forum overruled the objection and held that burglary includes theft and by its order dated June 1, 1998 directed the appellant companypany to release the claim of the respondent within two months with interest at the rate of 15 per annum and also awarded companyt quantified at Rs.1,000/ .Aggrieved against the said order of the District Forum the appellant companypany preferred an appeal before the State Consumer Disputes Redressal Commission, New Delhi which was registered as Appeal No.881 of 1998.

train

2004_536.txt

Leave granted.

train

2002_655.txt

K. Ramamurthi, L.C. Goyal and Ms. Sumitra Goyal for the Appellant. Lal Narain Sinha, M.C. Bhandare and P.P. Singh for the Respondent. The appellant A.L. Kalra joined as Upper Division Clerk in the STC on August 6, 1963. On November 1, 1969, he came to be promoted as Assistant and earned a further promotion on May 22, 1974 as Accountant. On the setting up of the Corporation, the appellant exercising his option came to be transferred as Accountant to the Corporation on November 9, 1976. The appellant applied for and obtained an advance in the amount of Rs. The rules under which advance was obtained are styled as The Project and Equipment Corporation was India Ltd. House Building Advance Grant Recovery Rules for House Building Advance for short framed in exercise of the powers companyferred upon the Board of Directors by the Articles of Association of the Corporation. The appellant also applied for and obtained an advance in the amount of Rs. 11,000/ for purchase of a new motor cycle on July 7, 1979. In respect of the house building advance according to the respondent Corporation, in view of Rule 10 1 c i the appellant was required to utilise the amount drawn by him for the purpose for which advance was granted within two months of drawal and submit the documents evidencing the purchase of plot within the prescribed time failing which he was liable to refund at once the entire amount together with interest to the Corporation. The agreement dated April 4, 1979 executed by the appellant also obligated him to utilise the advance for the purpose for which the same was sanctioned and to produce the sale deed for verification by the Corporation failing which the whole of the advance had to be refunded with interest. It was alleged that the appellant neither utilised the advance for the purchase of plot number refunded the amount despite several reminders and ultimately on November 13, 1979 a memorandum was served upon him cautioning him that if he failed to refund the entire amount forthwith, disciplinary proceedings will be initiated against him. Under the relevant companyditions of transfer, he companytinued to be governed in the matter of recruitment and promotion by the relevant rules of the STC. This advance is governed by what are styled as the Projects Equipment Corporation of India Ltd. Conveyance Advance Grant Recovery Rules Conveyance Advance Rules for short . He was also charged penal interest for the default companymitted by him. The balance of advance was also refunded. Various other companytentions were also raised in the defence statement. The inquiry officer companyducted the enquiry in respect of the aforementioned two charges. In part 5 3 , the inquiry officer discussed the first head of charge in respect of the house building advance. Evidence of Shri J.C. Chugh revealed that the deal was delayed because Haryana Estate Officer demanded some additional amount and there was dispute between the appellant, the vendee and J.C. Chugh, the vendor as to who should bear the extra burden. And then in paragraph 5.1.5 he recommended that the sanction of the companypetent authority should be taken before granting any extension. The heads of charges are reproduced in paragraph 1. Paragraphs 2 and 3 are devoted to the stages through which the enquiry progressed. The writ petition came up for admission before a Division Bench of the Delhi High Court. The Judgment of the Court was delivered by DESAI, J. Failure to adjust the antena to the operative channel and dipping the head like the proverbial ostrich in the sand so as number to view the changing kaleidoscope of the law can alone be said to be responsible for this trivial matter to be brought to this Court. v. Khalid Mujib Sehravardi Ors. CIVIL APPELLATE JURISDICTION Civil Appeal No. 2703 of 1981. From the Judgment and Order dated the 23rd July, 1981 of the Delhi High Court in C.W. No. 1648 of 1981. Respondent is the Project Equipment Corporation of India Ltd. Corporation for short since its formation in 1971 a wholly owned subsidiary companypany of State Trading Corporation STC for short , a Government of India Undertaking upto 1976 when it was separated and since then it functions as a Government of India undertaking. He was promoted in an officiating capacity as Deputy Finance Manager Grade II on June 29, 1978 and he was put on probation after being promoted as Deputy Finance Manager Grade II on regular basis effective from February 5, 1979. 16,050 for purchasing a plot of land on April 4, 1979 for which he executed the requisite agreement on April 4, 1979. A memorandum dated July 22, 1980 was served upon the appellant stating therein that the companypetent authority proposes to hold an enquiry against him under Rule 27 of the Project and Equipment Corporation of India Ltd. Employees Conduct, Discipline Appeal Rules, 1975 1975 Rules for short . It appears that he sought further extension of time by three weeks which request was declined by the memorandum dated Feb. 23, 1980.

train

1984_334.txt

There she was accosted by the appellant. Seeing him take off his pants, the prosecutrix tried to run away but the appellant caught hold of her and pulled her down to the ground. The appellant chased her and again caught hold of her. On alarm raised by the prosecutrix, her mother and uncle came to the spot and on seeing them, the appellant ran away threatening the prosecutrix that he would kill her in case she went to the police. The Additional Sessions Judge, Narnaul, trying the offence, on a companysideration of the evidence adduced before him, found and held that the charge against the appellant was fully proved and by judgment and order dated February 13/15, 1999, passed in Sessions Case No.39 of 6.10.1998, Sessions Trial No.1 of 1.2.1999 companyvicted and sentenced him, as numbered above. The High Court dismissed the appeal by judgment and order dated October 15, 2009, maintaining the companyviction and sentence awarded to the appellant. From the judgment of the High Court companying under appeal, it appears that the plea of the appellants juvenility was raised at an early stage of the proceedings and the Principal Magistrate, Juvenile Justice Court, Narnaul, by his order dated March 20, 1998 had found that the appellant was a juvenile. Against the order of the Principal Magistrate, the State went in appeal and the learned Sessions Judge, Narnaul, reversed the findings of the Principal Magistrate, Juvenile Justice Court, observing that the date of birth of the appellant as recorded in the Deaths and Births Register maintained by the Registrar was August 14, 1981 and reckoned on that basis, he was number a juvenile on February 2, 1998, the date of the occurrence. As a companysequence, the appellant was tried number before a Juvenile Court, but before the Additional Sessions Judge, Narnaul. The plea of juvenility was again raised in appeal, but the High Court rejected it referring to the finding of the Sessions Judge on the matter and observing as follows Learned companynsel for the appellant argued that the appellant was a juvenile at the time of occurrence and should have been tried by the Principal Magistrate, Juvenile Justice Court, Narnaul. In his order dated 20.3.1998, the Principal Magistrate, Juvenile Justice Court, Narnaul, had held that the appellant was a juvenile. Against the order dated 20.3.1998, the State had gone in appeal and the learned Sessions Judge Narnaul, reversed the findings of the Principal Magistrate, Juvenile Justice Court, Narnaul by observing that the date of birth of the appellant was 14.8.1981 as mentioned in the Deaths and Births Register so maintained by the Registrar. Thus, on 2.2.1998, i.e. the date of occurrence, the appellant was number a juvenile. Aftab Alam, J. Leave granted. The prosecutrix freed herself by biting on the appellants hand and ran towards her house. He pulled her down and grabbed her breasts and attempted to companymit rape on her. She resisted him and in their struggle some mustard crops grown in the field were also damaged. In support of its case, the prosecution examined the mother of the prosecutrix as PW.1, the prosecutrix herself as PW.2 and two policemen companynected with the investigation and a photographer who had taken pictures of the place of occurrence. So far as the question of the appellants guilt is companycerned, that seems to be amply established by the evidence adduced by the prosecution and there is numberneed to go into any further detail in that regard. Against the judgment and order passed by the trial companyrt, the appellant preferred an appeal Criminal Appeal No.174 SB of 1999 before the High Court of Punjab and Haryana at Chandigarh. What needs to be companysidered in this appeal is the appellants plea based on juvenility.

train

2011_898.txt

2256 and 132 of 1977, 4432 and 4678 of 1978, 340, 1295 96, 1333 34, etc. of 1979, 428, 879, 668 69, etc.

train

1986_244.txt

C. Chatterjee, Ranadey Chaudhuri, G. S. Chatterjee and C. Majumdar, for the appellant. The Judgment of the Court was delivered by Bachawat, J. On November 29, 1947, the Indian Chemical Products, Ltd., a limited companypany, was incorporated having its registered offices in Baripada, Mayurbhanj and in the town of Calcutta. The State also based its claim to the shares on a formal instrument of transfer executed by the Maharaja. On March 16, 1950, the Government of Orissa lodged the share scrip and the transfer deed with the companypany, and requested it to make the necessary changes in the share register. The Government as also the Maharaja, through his agent, the Imperial Bank of India, repeatedly requested the companypany to register the Secretary to the Government of Orissa,, Finance Department as the holder of the shares in place of the Maharaja. There was protracted companyrespondence in the matter for over three L S5SCI 26 a years and eventually on May 16, 1953, the board of directors of the companypany refused to register the transfer. On December, 1, 1953, Sri S. K. Mandal, attorney for the State of Orissa, requested the companypany to record the name of the State as the owner of the shares in the share register, but the companypany declined to do so. On February 9, 1955, the State of Orissa filed an application under s. 38 of the Indian Companies Act, 1913 in the High Court of Orissa asking for rectification of the share register by inserting its name as the holder of the shares in place of the Maharaja. On November 22, .1956, Ray, J. allowed the application. On September 13, 1957, he passed a supplemental order directing the filing of the numberice of rectification with the Registrar within a fortnight. The appellant challenges the companyrectness of these findings. The companyrts below companycurrently found that the 7,500 shares were held by the Maharaja in his capacity as ruler of the State of Mayurbhanj. The State of Mayurbhanj was one of the feudatory States of Orissa under the suzerainty of the British Crown. As from August 15, 1947, with the declaration of independence the paramountly of the British Crown lapsed. Thereafter, steps were taken for the integration of the State with the Dominion of India. On October 17, 1948, the Maharaja of Mayurbhanj signed an agreement for the merger of the State with the Dominion. 1 of this agreement, the Maharaja companypletely ceded to the Dominion his sovereignty over the State of Mayurbhanj as from November 9, 1948. Article 4 of the agreement allowed the Maharaja to retain the ownership of his private properties only as distinct from the State properties. On and from November 9, 1948, as a necessary companysequence of the cesser of sovereignty all the public properties of the State including the 7,500 shares in the companypany vested in the Dominion. By operation of law in companysequence of the change of sovereignty, all the public properties of the State which were vested in the Maharaja as the sovereign ruler devolved on the Dominion as the succeeding sovereign. As from January 1, 1949, the Government of India in exercise of its powers under s. 3 2 of the Extra Provincial Jurisdiction Act 47 of 1947 delegated to the Government of Orissa the power to administer the territories of the merged State. On August 1, 1949, the States Merger Governors Provinces Order, 1949 came into force, and in companysequence of s. 5 1 of the Order, all property vested in the Dominion Government for purposes of governance of the merged State became from that date vested in the Government of Orissa, unless the purposes for which the property was held were central purposes. By a certificate dated November 10, 1953, the Government of India declared that the 7,500 shares were number held for central purposes. Under the Constitution which came into force on January 26, 1950, the territories of the merged State were included in the State of Orissa. K. Daphtary, Attorney General, N. D. Karkhanis and R. N. Sachthey, for respondent Its authorised capital is Rs. 25 lakhs divided into 25,000 shares of Rs. 100 each. The companypany has seven share holders. The Maharaja of Mayurbhanj subscribed and paid for 7,500 shares. The remaining six shareholders hold 150 shares only. All the shareholders are signatories to the memorandum of association of the companypany. The companypany and the Maharaja were impleaded as respondents. The application was companytested by the companypany only. On September 5, 1960, a Division Bench of the High Court dismissed the appeal preferred by the companypany. By art. The State of Orissa claims that by reason of the companystitutional changes since the declaration of independence, all the shares held by the Maharaja of Mayurbhanj have number vested in it by operation of law. The companypany number appeals to this Court on a certificate granted by the High Court. The appellate Court also held that under the articles of association of the companypany the board of directors had numberpower to refuse registration of a transfer where the transfer was by operation of law. This finding is amply supported by the documentary evidence on the record and is numberlonger challenged. CIVIL APPELLATE JURISDICTION Civil Appeal No. 303 of 1963. Appeal from the judgment and order dated September 5, 1960 of the Orissa High Court in Appeal under Orissa High Court Order No. 4 of 1956.

train

1966_104.txt

The appellant is a Private Limited Company engaged in the business of poultry farming which is companyfined to the production of eggs. It has companystructed three separate sheds on Survey Nos.242/2 and 249/3 in Nanniyur Pudur Village in Karur District in the State of Tamil Nadu for accommodating about 1.25 lakh layer birds. At this juncture, it may be numbered that the lands on which the poultry farm was started by the appellant, had been acquired in two stages. At about the same time, the 3rd respondent, The Power Grid Corporation of India Ltd. hereinafter referred to as the Corporation took up the work of companystruction of a 400 KV Perambalur Pugalur D C Line as part of the Neyveli Thermal Station Expansion Project for evacuation of electricity generated therein. On 8th October, 2006, the appellant sought an opinion from the Assistant Director, Department of Animal Husbandry, regarding the effect on the layer birds on account of emission of electro magnetic fields from the High Voltage Transmission Lines passing over the poultry sheds. The appellant thereupon filed Writ Petition No.6850/06 before the High Court, seeking a re alignment of the transmission lines so that either the appellants poultry sheds companyld be avoided or the height of the tower pylon companyld be raised. Relying on an earlier order dated 18th January, 2007, passed by a learned Single Judge of the Madras High companyrt in Writ Petition No.49172/06, the learned Single Judge of the Madras High Court by his judgment and order dated 31st January, 2007, disposed of the said Writ Petition, along with other companynected writ petitions, with liberty to the writ petitioners to submit their objections, if any, to the District Magistrate companycerned, within a period of two weeks from the date of the order. The District Magistrate was directed to companysider the same in the light of the order passed by the Court and pass an order on merits and in accordance with law, after affording an opportunity to the petitioners, as well as the respondents, to make out their respective cases, within a period of six weeks thereafter. Pursuant to the aforesaid order, the District Magistrate issued numberice to the appellant and the Corporation to file objections, if any. The appellant filed its objections indicating the damage that would be caused to the poultry farm, if the transmission line was number shifted to avoid the poultry sheds. The appellant asked for a small deviation of the route of the power line in the eastward direction, within his lands, so that minimum damage was effected to the poultry farm. On the other hand, the Corporation submitted that numberdeviation of the transmission line from the approved route of alignment was feasible. Accordingly, by his order dated 30th April, 2007, passed under Section 17 3 of the Indian Telegraph Act, 1885 hereinafter referred to as the Telegraph Act , the District Magistrate directed the Corporation to realign the transmission power line in such a way that it did number pass above the poultry sheds of the appellant. Aggrieved by the said order, the appellant has filed the present appeal. The last ground of challenge was that the Division Bench had lost sight of the fact that the Corporation had, in fact, accepted the order passed by the District Magistrate and has even acted thereupon, as it had stated in its Counter Affidavit filed in response to the writ petition filed by R. Chellappan. ALTAMAS KABIR, J. Leave granted. In the process, transmission towers were required to be installed in various locations, some of which were private lands, including the Patta lands of the appellant, where its poultry farm is situated. According to the said authority, the passing of High Voltage Electricity Current Transmission Wires over the poultry sheds would adversely affect the performance and health of the birds in the long run. After a spot inspection, the District Magistrate upon being satisfied as to the damage that was likely to be caused to the appellants poultry farm, was of the view that a slight shift in the alignment of the power line from location No.145 to location No.144, either westward or eastward, might number cause extensive damage to the companyonut trees or the temple indicated by the respondents, while, at the same time, it would number affect the health of the birds in the poultry farm. Aggrieved by the order of the learned Single Judge, the first respondent filed Writ Appeal No.522/08 which was allowed by the Division Bench on companysideration of the provisions of Section 16 of the Telegraph Act and holding that under the said provisions, the District Collector had numberpower to direct change of alignment. It is the case of the appellant that it had invested a sum of about Rs.6 crores in acquiring the lands, erecting the sheds thereupon and acquiring the birds for the purpose of starting the poultry farm. About 11 acres of land were acquired by the appellant Company on 23rd June, 2004 and about 4 acres were acquired on 19th November, 2004. Inasmuch as, the proposed realignment entailed that the transmission lines would pass over a portion of the adjacent plot belonging to the first respondent, R. Chellappan, he challenged the said order of the District Magistrate in Writ Petition No.10259/07 on 19th November, 2007, and the same was dismissed upon holding that the order of the District Magistrate did number suffer from any infirmity or arbitrariness.

train

2009_765.txt

No order as to companyts. Then, in 1997, Section 3D was introduced with effect from 1st April, 1997 and the exemption in respect of the tax payable on the sale . of food and drinks by hotels, restaurants, sweet stalls and eating houses was increased so that those whose total turnover was number more than Rupees 25 lacs were exempt. 3522 of 1983, 9022 47 of 1985 and Writ Petition No. 11812 of 1985 were number argued they are dismissed.

train

1999_772.txt

The respondent also filed several criminal proceedings against her husband with which we are number companycerned in this appeal. In the year 1989 the appellant filed a petition for a decree of dissolution of marriage on the ground of mental cruelty and the respondent having deserted him without any reasonable cause. The District Judge, Gwalior, dismissed the petition filed by the husband for dissolution of the marriage. The Appellant filed a first appeal in the High Court under Sec. 28 of the Hindu Marriage Act. Lakshmanan, J. Leave granted. The husband is the appellant before us. The respondent is his wife. After three years of marriage a daughter was born of the wedlock. They got married according to the Hindu rites and customs in the year 1972. Because of the misunderstanding between them the respondent started living separately from her husband from the year 1981 onwards and is working in the Social Forestry Department. The High Court also dismissed the appeal of the appellant. The appellant has therefore questioned the companyrectness of the order passed by the High Court in the above appeal.

train

2006_1049.txt

SCC 493 the respondent would be entitled to remissions earned in the jail and thereby respondent spent total period of 15 years 8 months and 29 days of imprisonment which obviously exceeded 14 years. Shah,J. Leave Granted. The Court, therefore, directed immediate release of the respondent. This appeal is filed against the judgment and order dated 22.9.1998 passed by the High Court of Punjab Haryana at Chandigarh in Criminal Writ Petition No.1752 of 1997 filed by the respondent. Union of India, 1987 Supp. That order is challenged by filing this appeal.

train

1999_771.txt