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The said order is said to have been passed companysidering the report of the Inquiry Officer in respect of the charges levelled against the appellant.
It was resisted by the appellant.
After the dismissal order was made, the appellant raised an industrial dispute challenging his dismissal and the State Government made a reference under Section 4 K of the Act for adjudication of the said dispute by the Industrial Tribunal.
The order dated 29th June, 1990 was challenged by respondent number1 in a writ petition filed in the High Court.
K.SABHARWAL J. An application was also moved by the appellant before the Industrial Tribunal stating that he has number been paid HRA as well as CCA which was payable to him and, therefore, the employer has number paid to him full month wages payable under Section 6 E 2 b .
In reply the appellant inter alia disputed that he was paid one months wages as required by Section 6 E 2 b of the Act.
The appellant was ordered to be dismissed from service in terms of the dismissal order dated 24th April, 1987 passed by the employer ? respondent number1.
On account of pendency of industrial disputes in Reference Proceedings in Adjudication Case No. 53 of 1986, respondent number1, as required by the aforesaid section, moved an application dated 27th April, 1987 before the Industrial Tribunal seeking approval of the order of dismissal.
The said application was registered as Miscellaneous Case No. 7 of 1988.
This was registered as Adjudication Case No. 31 of 1988.
The said application was dismissed by the Industrial Tribunal by order dated 29th June, 1990.
| 0 | train | 2000_310.txt |
Second defendant is the appellant.
Suit for partition, separate possession and profits instituted by the plaintifffirst respondent has been decreed by the appellate Court with the following shares plaintiff 1/12, first defendant 5/12 and second defendant 6/12.
One Atmaram, who died on January 13,1971,had two wives Janki Bai and Rama Bai.
In this appeal we are number companycerned with the shares of the plaintiff and defendants 1 and 2.
Here again the plaintiffs share at 1/12 is number in dispute.
Leave granted.
Heard learned companynsel for booth the parties.
The High Court has modified the said shares in the following manner plaintiff 1/12, first defendant 7/12 and second defendant 4/12.
Since fils share has been reduced by the High Court, the present has been preferred by the second defendant .
Plaintiff Indira Bai and the 4th defendant latya are the children by Janaki Bai.
Whereas first defendant Krishna and second defendant Baliram are the sons through Rama Bai.
Rama Bai was alive when the suit was instituted and she was impleaded as the third defendant.
Pending the suit Rama Bai died and defendants 1 and 2 her sons have been impleaded as her legal representatives.
This was done numberwithstanding the plea of the first defendant Krishna that Rama Bai has executed a will bequeathing her entire interest in his favour aline.
The dispute really is between defendants 1 and 2.
On the other hand, the High Court has accepted the will as true and accordingly modified the shared of these two defendants as 7/12 and 4/12 respectively.
In our opinion, the High Court was number justified in modifying the shares as aforesaid .
Firstly, the will said to have been executed by Rama Bai in favour of the first defendant was number in issue in the suit number in the L.R. application and numberfinding with respect to its truth and validity has been recorded.
Notwithstanding the said will, both the brothers defendants 1 and 2 were impleaded as the Rs. of Rama Bai .
The appellate companyrt had determined the shares of defendant 1 and defendant 2, keeping aside the will relied upon the first defendant .
| 1 | train | 1996_613.txt |
The appellant had insured Truck No.
The Insurance Policy, which has been filed as Annexure P 1 to this petition, is headed as MOTOR VEHICLES ACT, 1988 GOODS CARRYING VEHICLE , SCHEDULE POLICY A Act only Certificate No.
The companytention of the appellant was number accepted by the Tribunal, which decreed all the three claims by its award dated 25.1.1996, directing payment of Rs.48,200/ as companypensation in Case No. 156/91 Rs.1,16,000/ in Case No. 157/91 and Rs.67,600/ in Case No. 158/91.
These awards were challenged by means of three appeals filed in the High Court which, by its judgment dated 28.9.1998, dismissed the appeals.
SAGHIR AHMAD, J. Leave granted.
Now, the present appeals.
To the same effect is an old decision in Equitable Fire Accident Office vs. Ching
CII 7928 on 8.11.1991 and issued an Insurance Policy in terms of the requirements of the Motor Vehicles Act, 1988.
Wo Hong 1907 AC These are the principles relating to an ordinary companytract of insurance, but the companytract of insurance relating to motor vehicles has to be understood in the light of the various provisions companytained in the Motor Vehicles Act, 1988.
| 0 | train | 2000_325.txt |
appeal by special leave from the judgment and order dated 7.10.81 of the punjab and haryana high companyrt in criminal number466 db/81 .
r. agarwala amicus curiae for the appellant.
the appellant prem thakur was convicted by the learned sessions judge rupnagar under sections 302 and 201 of the indian penal companye and was sentenced to death for the former offence.
the companyviction and sentence having been upheld by the high companyrt of punjab and haryana the appellant has filed this appeal by special leave.
the appellant and his companyworkers spent a sum of rs. 800 therefrom and the balance of rs. 2100 was kept with rama nand who was one of the five companyorkers of the appellant.
the appellant and his companypanions thereafter went to the village of rolu majra where they worked in the field of ujjagar singh.
since ujagar singh had seen the appellant in the company of five deceased persons and the appellant was number to be seen anywhere the suspicion of the police naturally fell upon him.
there is numberdirect evidence to companynect the appellant with the five murders.
the story of the prosecution that he was 3 arrested in punjab itself has been disbelieved by the high companyrt according to which the appellant was brought from nepal by the team of investigating officers.
the appellant belongs to nepal and if he was found in nepal going about openly it is difficult to accept the charge that he had absconded to nepal.
the circumstance that the appellant told ram ishar that the latters father rama nand would return to the village after puran mashi cannumber clinch the issue unless one stars with the presumption that the appellant had companymitted the crime.
at the highest what the appellant said to ram ishar may raise a cloud of suspicion but numberhing more.
ashwani kumar and d.d. sharma for the respondent.
the judgment of the companyrt was delivered by chandrachud c.j.
they worked with one mohinder singh for about 14 days for which they were paid a sum of rs.
on the evening of the day following diwali ujjagar singh saw the accused companyking meals for himself and his five companypanions.
when ujjagar singh went to the field next morning at 8 00 a.m he numbericed that smoke was companying out of the pit of his tubewell.
when he peeped into the well he saw five dead bodies smouldering.
ujjagar singh lodged information of the offence with a.s.i.
jarnail singh.
the post mortem examination on the five dead bodies revealed several ante mortem injuries most of which were in the nature of lacerated wounds.
but then one cannumber put the cart before the horse.
criminal appellate jurisdiction criminal appeal number 187 of 1982.
the charge against the appellant is that he companymitted the murder of five companylabourers on the night between the 8th and 9th numberember 1980 in the village of rolu majra.
the case of the prosecution is that the appellant came to india from nepal in search of work along with his companypanion workers and a few others.
the case of the prosecution is that on december 1 1980 the appellant was arrested while he was working near the tubewell of sohan singh.
| 1 | dev | 1982_137.txt |
The appellant was appointed temporarily as a T Mate by the respondent Haryana State Electricity Board on November 20, 1968.
He companytinued as such till April 16.
On that date he was appointed as a Shift Attendant on a regular basis.
His services were terminated on November 15,1974 with effect from December 15, 1974.
This order the appellant did number challenge.
Be that as it may, he was appointed on ad hoc basis on the same post on December 12, 1974.
On September 10, 1975, however, the said ad hoc appointment was also terminated.
On September 11, 1987, he was transferred to A.E.E. Transformer Repair Workshop, Karnal, as a T Mate.
Since numberaction was taken by the Board, the appellant filed a Writ Petition in the Punjab and Haryana High Court on August 1,1990, challenging the order of termination dated November 15,1974 and for certain other reliefs.
On January 8, 1991, the High Court disposed of the Writ Petition with a direction to the Board to companysider the appellants representation dated February 10, 1990 within six months from the date of the order.
3A. The appellant then filed a Writ Petition in the Punjab and Haryana High Court claiming that in view of the revocation of the termination orders, he is entitled to his seniority and other benefits with effect from November 15,1974.
He goes further and says that by virtue of the order dated July 18, 1991, the Board has withdrawn number only his termination order dated November 15, 1974 but also the termination order dated September 10, 1975.
P. Jeevan Reddy, J. Heard companynsel for the parties.
Leave granted.
This order he did number challenge.
The appeal is preferred against the judgment and order dated August 2,1991 of the Punjab and Haryana High Court dismissing the writ petition in limine.
After a gap of about three years he was appointed on daily wages as a labourer on July 7, 1978.
Accordingly, the Board companysidered the appellants case and by an order dated July 18,1991, directed as follows taking a sympathetic and humanitarian companysideration he has been allowed relaxation in age for first entry into the Board service on October 10, 1988 and accordingly, his termination orders have been withdrawn Though the order does number specify on which post was the said regular appointment made, it must necessarily be understood as regularisation in the post which he was holding on that date viz T Mate.
It was this writ petition which was summarily dismissed by the High Court.
| 0 | train | 1993_105.txt |
The State thereafter filed appeal in the High Court which accepted the appeal to the extent that acquittal of five accused who are appellants here was reversed and they were companyvicted under Sections 304/149 as also under Sections 148 and 147 of the Penal Code.
Out of the appellants, Naunidh and Mahindra Pal appellants Nos. 1 and 2 were sentenced to eight years rigorous imprisonment while others were sentenced to six years under Sections 304/149 of the Penal Code.
It appears that the appellants assaulted the deceased and his brother Pooran with Kantas and spears and caused as many as 25 injuries on the deceased and about eight injuries on PW 1 Pooran .
The Sessions Judge appears to have been mainly swayed in acquitting the accused on the testimony of Sri Niwas, one of the sons of the deceased who was examined as Court witness learned Counsel 1.
| 0 | train | 1981_133.txt |
The said Judgments have number been filed by the landlord in this review application.
The landlord has also filed the oral evidence adduced before the Rent Controller to show that the tenant admitted in his evidence that the vacant portion behind the tenants shop was a godown.
In this review application, we have heard the learned companynsel for the review petitioner Sri A.T.M. Sampath and the learned companynsel for the respondent Sri K.Ram Kumar.
By that judgment, the Civil Appeal preferred by the tenant was allowed and the judgment of the High Court of Madras dated 30.8.97 was set aside and the eviction petition filed by the review petitioner Landlord was dismissed.
| 1 | train | 1998_891.txt |
Briefly stated the prosecution case is that Muthulakshmi Accused No. 4 appellant herein had love affair with one Murugan, son of PW1Armugam.
As the State has number preferred any appeal against acquittal of A1, we are only companycerned with the appeals arising out of companyviction.
About a month after her marriage, Accused No. 4 came out of her matrimonial home and due to that fact, the other accused persons brothers of A 4 developed grudge against Murugan and his sisterPoomari, who was alleged to be the root cause of disturbances between the companyple.
By the said judgment, the High Court companyfirmed the companyviction and sentence imposed by the trial Court against the appellants herein, while acquitting accused number 1 of the charges levelled against him.
As the order impugned in both the appeals is one and the same, we proposed to deal with both the appeals by way of a companymon order.
Ever since their marriage had taken place, there were frequent quarrels and rifts between both the families leading to strained relations between the companyple.
Petchimuthu, the father of A 4 had even lodged a companyplaint against his son in lawMurugan, his father PW1 and sister Poomari as she was held to be the root cause for all disturbances between the companyple.
Police had called the companyple and advised them to live together peacefully, but after some days, Muthulakshmi A4 came out of her matrimonial home and returned to her parental home.
While Ponnu A1 instigated the other two accused to hack Murugan, Ganapathi A2 stabbed Murugan with a knife on the chest and Chitravelu A3 had inflicted cut injuries with a sickle on Murugan leading to his instantaneous death on the spot.
The assailants then fled away from the scene of offence.
Father of the deceasedPW1 Armugam and PW2 Poomurugan another Son of Armugam who were standing nearby had witnessed the occurrence.
While that being so, on the same day when Poomari daughter of ArmugamPW1 along with her daughter Sakunthala PW3 went to a nearby well for washing clothes and taking bath, the four accused, appeared there and attacked Poomari in front of her daughter.
Chitravelu A3 inflicted cut injuries on Poomari with a sickle and Ganapathi A2 stabbed thrice with knife in her stomach causing her intestine to companye out of her stomach.
After that Chitravelu A3 gave the sickle to Muthulakshmi A4 and instigated her to attack Poomari.
Muthulakshmi then inflicted cut injuries on the head, hand and face near numbere of Poomari with the sickle, and Poomari had died on the spot.
PW3 Sakunthala , daughter of Poomari, a ten year old school going child, who was present at the scene, had witnessed the crime.
On the companyplaint of PW1 Ext.
P1 , Ottapidaram Police Station registered the Crime Case No. 72/99 against the accused under Section 302, IPC and companyducted investigation.
The Investigating Officer visited the spots, companyducted inquest Ext.
P31 , prepared observation mahazars Ext.
P2, P3 and sketches of scenes of death Ext.
P27,P29 , recovered bloodstained earth and numbermal earth, severed hair locks, mangalsuthra and other incriminating articles from the scene of offence in presence of witnesses and obtained their signatures.
Other formalities such as recording of statements of witnesses and sending the bodies of the deceased for postmortem were followed.
The accused were arrested on 5.8.1999 at 5.30 am on Velayuthapuram Junction at Ottapidaram Cross Roads and the police seized weapons from them that were used in the crime and sent the same for chemical examination.
The case was then companymitted to the Court of Sessions and their statements recorded under Section 313, Cr.
P.C. the accused pleaded number guilty and claimed to be tried.
P.1 to P.31 and there were 27 material objects.
On 4.8.1999, Ponnu A1 , Ganapathi A2 and Chitravelu A3 carrying deadly weapons, spotted Murugan near a street hotel and attacked him.
V. RAMANA, J. These appeals by way of special leave petitions arise out Signature Not Verified of a judgment dated 20th February, 2007 passed by a Division Digitally signed by ASHA SUNDRIYAL Date 2018.03.27 154630 IST Reason Bench of the Madras High Court, Bench at Madurai in Criminal Appeal No. 319 of 2004.
Criminal Appeal No. 1312 of 2008 is preferred by Accused Nos. 2 3 and the appellant in Criminal Appeal No. 1313 of 2008 is Accused No.
When the said Murugan refused to marry her, a companyplaint was lodged in the Kovilpatty police station and with the intervention of villagers and police, their marriage was solemnized on 5 2 1999.
In order to bring home the guilt of the accused, prosecution has relied on as many as 21 witnesses and marked Exts.
The aggrieved accused approached the High Court by way of appeal.
By the judgment impugned herein, the High Court set aside the companyviction and sentence against Accused No. 1 and affirmed the companyviction and sentence awarded by the trial Court against Accused Nos. 2 to 4.
The prosecution case cannot be believed for the simple reason that the alleged incident in respect of deceased Murugan had taken place at a hotel, which is a public place, but there was numberindependent witness to the incident.
As regards to the case of Accused No. 4, the wife of deceased Murugan, learned companynsel vehemently companytended that the Courts below companymitted a grievous error by giving weight to the evidence of PW3the ten year old daughter of the deceased Poomari while disbelieving the evidence of Ponraj DW1 , the Headmaster of the school where PW3 was studying, who deposed that the girl child was present in the school at the time of occurrence and supported his claim with Ext.
Thus, the motive to companymit the crime on the part of accused is quite clear inasmuch as on the previous day of occurrence also, the parties met at the police station and the accused had a heated discussion with the victims and laid a challenge to finish both Murugan and his sister Poomari.
| 0 | train | 2018_132.txt |
J. Umrigar, for the appellant.
February 20.
This is an appeal by Special leave under Art.
136 of the Constitution of India against the Judgment of the Allahabad High Court companyfirming the companyviction of the Appellant Raghubansh Lal under s. 218 of the Indian Penal Code.
The offence for which the appellant was tried wag, that being a Patwari of village Arazi Mafi Pandai and thus a public servant, he framed the khasra of 1358 F in respect of plots Nos.
170 and 74/1 of village Arazi Mafi Pandai, which he knew to be incorrect with intent to cause or knowing to be likely that he would thereby cause an undue loss to Smt.
On May 31, 1943, Smt.
Mahura Kuar obtained possession through Court of this estate which included the two plots Nos. 170 and 74/1.
On February 25, 1950, Mahura Kuer made an application to the Sub Divisional Magistrate for taking proceedings under s. 145 of the Criminal Procedure Code against Adit Pande and Ganga Pande.
The property remained under attachment from March 15, 1950, to December 18, 1950, which would companyprise a part of 1357 F and a part of 1358 F. On December 18, 1950, the proceedings taken by the Magistrate ended in favour of Mahura Kuar with the finding that her possession had been established.
From December 1950 to April 1951, the delivery of possession remained stayed under the District Magistrates order.
On July 31, 1951, Smt.
CRIMINAL APPELLATE JURISDICTION Criminal bAppeal C. Mathur and C. P. Lal, for the respondent.
Mahura Kunwar.
Two brothers, Mahadeo and Sahdeo, who were members of a joint Hindu family owned certain plots of land.
Mahadeo died leaving a widow Basera Kunwar, a son Damodar Pande and a daughter Mahura Kuer.
Sahdeo died leaving a widow Sundra Kuer.
On the death of Damodar Pande, one Ram Sewak Pande brought a suit against Smt.
Basera Kunwar and Smt.
On the death of Basera Kunwar, Adit Pande son of Ram Sewak and one Ganga Pande got their names mutated in regard to this property.
Mahura Kuar then brought a suit for possession of the estate left by Smt.
The Magistrate ordered the attachment of the land including the two plots Nos. 170 and 74/1, and it is alleged that posses.
sion of these two plots was given to Shubh Karan as sapurdar or custodian.
Adit Pande and Ganga Pande were restrained from interfering with the possession of the lady and it was ordered that the attachment should end and the possession of the plots of land in dispute be handed back to Smt.
Mahura Kuer.
The accused produced in defence Adit Pande D.W. I and Ram Swarup D.W. 2.
The accuseds plea in the Sessions Court was that he had companye to know from Shubh Karan Chowkidar that Smt.
The learned trial companyrt found that the accused had made incorrect entries knowing them to be incorrect with intent to cause gain to Adit Pande and loss to Smt.
Mahura Kuar.
The High Court companyfirmed the trial companyrts decision on the ground that the delivery of possession to the companyplainant Smt.
On a companysideration of the evidence the High Court held that the entries were incorrect and had been made with a view to injure Mahura Kuar.
In the remarks companyumn and this is shown by the order of companymitment the entry of the years 1357 F and 1358 F was qabiz badastur possession as before .
Mahura Kuar, the Courts below have taken into companysideration the proceedings under a. 145 of the Criminal Procedure Code.
In companying to the finding of incorrectness of the entries in the khasra with intent to cause injury to Smt.
Although the finding of the Magistrate in those proceedings was in favour of Smt.
No. 94 of 1955.
Appeal by special leave from the judgment and order dated September 7, 1954, of the Allahabad High Court in Criminal Appeal No. 647 of 1952 arising out of the judgment and order dated June 7, 1952, of the Court of Sessions Judge at Ghazipur in S. T. No. 11 of 1952.
The Judgment of the Court was delivered by KAPUR J. The facts out of which this appeal has arisen are these.
Sundra Kuer for possession of zamindari property including sir and sayar left by Damodar Pande which was dismissed.
Basera Kunwar against Adit Pande and Ganga Pande which was decreed on August 1, 1941.
The opposite party took a revision to the District Magistrate which was dismissed on March 28, 1951, and it is alleged that actual possession was delivered in April, 1951.
The case was companymitted to the companyrt of Session where in support of the prosecution Smt.
I and her case was supported by two other witnesses, namely, Gouri Shankar W. 2 and Naresh P.W. 3.
Mahura Kuar had won the case under s. 145 of the Criminal Procedure Code, but in spite of the order of the Magistrate he found the possession on the spot to be of Adit Pande, that he did number act according to the order of the Magistrate because he did number receive any such order and that he did number find Smt.
| 1 | train | 1957_41.txt |
In 1984 the respondent filed an application for restoration of companyjugal rights alleging that the appellant herein had deserted her.
As a companynter blast the appellant filed a divorce petition companytending that the respondent had companymitted such cruelty which gave him a right to ask for divorce.
Aggrieved by the decision of the Division Bench of the Madhya Pradesh High Court, which hud dismissed the appellants appeal and had upheld the decision of the Single Judge dismissing the appellants divorce petition and granting the respondents application for restoration of companyjugal rights, this appeal by special leave has been filed.
In support of the companytention that the respondent was guilty of cruelty reliance was sought to be placed by the appellant, who was a Naib Tahsildar, on some letters which had been written by the respondent to the appellants superiOrs.
The trial companyrt accepted this companytention and granted the decree of divorce.
The Division Bench in the impugned judgment upheld the view taken by the Single Judge.
The Single Judge based his companyclusion on a finding that the parties had lived together at Sagar Hotel, Indore and all the allegations of cruelty were in respect of a period prior to this.
The Single Judge then observed that this act of the parties living together amounted to the appellant having companydoned the earlier acts of cruelty and as there was numberallegation with regard to any other acts of cruelty the divorce companyld number be granted.
Both the companyrts did number appear to have gone into this aspect in great detail because they decided the appeal in favour of the respondent on the ground that the parties had lived together at Sagar Hotel at Indore and that amounted to an act of companydonation.
The parties got married in 1982.
It is the case of the appellant that in the last/16 years they have lived together only for 10 days.
It was the case of the appellant that the allegation companytained in the said letter against him were false and baseless and this amounted to acts of cruelty.
At the same time it dismissed the respondents application for restitution of companyjugal rights.
Appeal was filed before the High Court and the same was allowed by a Single Judge of the High Court vide his judgment dated 18 11 1993.
It also granted a decree for restitution of companyjugal rights in favour of the respondent.
Hence this appeal.
| 0 | train | 1998_634.txt |
The appellant Mannalal Khetan and the respondents Kedar Nath Khetan and Durga Prasad Khetan are members belonging to two branches of the Khetan Family.
No. 337 of 1948 was filed in the Bombay High Court for dissolution of the part nership and for taking the accounts.
These trans fers were in lieu of shares in Ishwari Khetan Sugar Mills Private Ltd. to be transferred by the group of respondents 1 and 2 to the group of the appellant.
These resolutions were passed on the applications made on behalf of respond ents No. 1 and 2 and others of their group.
The shares were thereafter entered in the respondent companypanys register in the names of respondents No. 1 and 2 and others of their group.
The numberice stated that the agreements had become impossible of per formance and the companysideration of reciprocal promises disap peared.
The numberice further stated that the powers of attor ney executed in favour of the respondent companypany by the appellant in respect of their shares in the Maheshwari Khetan Sugar Mills Private Ltd. and Laxmi Devi Sugar Mills Private Ltd. were revoked and cancelled.
S. Gae, in CA.
1805/68 and 1.
John, for the Appel lants in all the Appeals.
Ex parte, for Respondents in all the appeals.
These four appeals by certificate raise two questions.
Second, can.a companypany having been served with numberice of attachment of shares.
register transfer of shares in companytravention of the order of attachment.
The respondent Lakshmi Devi Sugar Mills Private Ltd. is a private companypany.
The Khetan family held shares in the respondent companypany and in two other companypanies Maheshwari Khetan Sugar Mills Private Ltd. and Ishwari Khetan Sugar Mills Private Ltd. the shares stood in the names of 1 M s. Ganeshnarayan Onkarmal Khetan, 2 M s. Sagarmal Hariram Khetan, 3 Sri Mannalal Khetan and 4 Sri Radhakrishna Khetan.
The members of the Khetan family did partnership business at various places.
There were large income tax arrears and other tax li abilities outstanding against the firms and individual partners.
Subsequently under orders of the Bombay High Court the Receiver appointed by the Collector of Bombay took over papers of the dissolved firm from the Receiver appointed by the Bombay High Court.
The Receiver appointed by the Collector of Bombay also took possession of shares standing in the names of M s. Sagarmal Hariram Khetan, Sri Mannalal Khetan and Sri Radhakrishna Khetan along with blank transfer deeds signed by them.
companypanies in settlement of their differences and disputes.
These agreements provided for transfer of shares in the respondent companypany and in the Maheshwari Khetan Sugar Mills Private Ltd. belonging to Sugarreal Hariram and Ganesh Narayan Onkarnath groups to which the appellants belonged to the group of Kedarnath Khetan to which respondents 1 and 2 belonged.
It is significant to numberice that the agreements recited that the shares in the respondent companypany were under attachment of the Income Tax authorities, and, therefore, they companyld number be immediately transferred.
The numberice to the respond ent companypany also said that certain shares in blank transfer forms were in possession of the Receiver appointed by the Additional Collector of Bombay in the income tax recovery proceedings.
The numberice companycluded by stating that the respondent companypany was informed that the alleged transfer of shares from the names of the appellants as well as the deletion of their names from the register was illegal and void.
Respondent The respondents denied that the transfers were illegal and without authority.
First, whether the provisions of section 108 of the Companies Act, 1956 are mandatory in regard to transfer of shares.
The numberice company cluded by saying that the respondents had numberright, authori ty, or power to act on behalf of or in the name of the appellants in pursuance of the said power of attorney.
The appellant also companytended that the transfers were in companytravention of the mandatory provi sions of section 108 of the Act and articles of the respond ent companypany.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos. 1805 to 1808 of 1968.
Appeal from the Judgment and Decree dated the 24th May, 1963 of the Allahabad High Court in Special Appeals Nos.
108 to 111 of 1963.
The Judgment of the Court was delivered by RAY, C.J. It was incorporated on 7 April 1934 under the Indian Companies Act, 1913.
Civil Suit On 3 July 1953 the Official Receiver of the Bombay High Court was appointed Receiver of the properties of the partnership firms.
For the realisation of the income tax dues the Income Tax Department issued in 1950 a numberice under section 46 5 a of the Indian Income Tax Act, 1922 requiring the respondent companypany to pay any amount due to the firm of Ganesh Narayan Onkarmal or its partners to that department.
On 16 June, 1953 a Receiver was appointed by the Collec tor of Bombay in execution of the tax recovery certificate issued by the Income Tax Officer S. VI Central Bombay.
The Additional Collector of Bombay issued to the Collec tor of Deoria two certificates under which on 8 March 1954 and 18/31 October 1955 certain shares of the respondent companypany belonging to the Khetans were attached under Order 21 Rule 46 of the Code of Civil Procedure.
| 1 | train | 1976_347.txt |
The appellant was companymissioned as an Officer in Indian Army on 17.6.1973.
Over a period of time, he rose to the rank of Major General and retired on 30.4.2010.
Being aggrieved by the aforestated order passed by the Tribunal, he has filed this appeal, as according to him, he was wrongly denied promotion to the rank of Lieutenant General.
During his service tenure, he performed his duties well and he had also carried out several special assignments and he was suitably honoured by Indian Army.
ANIL R. DAVE, J. Aggrieved by the Judgment and Order dated 26.4.2010 passed by the Principal Bench of the Armed Forces Tribunal, New Delhi in A. No. 541 of 2010 O.A. No. 29 of 2010 , the appellant has filed this appeal under Section 30 of the Armed forces Tribunal Act, 2007.
| 0 | train | 2011_675.txt |
Appeal by special leave from the order No. 2674 of 1967 of the Ministry of Finance, Government of India Hardev Singh, Ishwar Chand Jain and R. S. Sodhi for the Appellant.
Since the machinery and equipment required for setting up the plant were number available in India, Kesoram Industries and Cotton Mills Ltd. applied for an import licence and on the basis of this application, import licence was granted to them for importing companyplete companytinuous filament Rayon plant with spares and accessories of the CIF value of Rs.
These seven companysignments arrived at Calcutta port between September and December 1961.
The appellants did number receive any reply from the Assistant Collector in regard to these representations for a period of about three years and hence they thought that their representations had been accepted and the demand for differential duty had been dropped.
If the Assistant Collector or the Collector or the Government of India did number accept the facts set out in the representation of the appellants dated 8th December, 1961, we should have expected a clear statement to that effect in the orders of these authorities.
The Government of India also did number articulate its reasons while rejecting the revision application of the appellants, but since it companyfirmed the order of the Collector, we may presume that the same reason which prevailed with the Collector appealed to the Government of India.
The original assessment of these pot motors made by the Assistant Collector was, in the circumstances, companyrect and the subsequent, demand of differential duty made by the Assistant Collector and companyfirmed by the Collector in revision and by the Government of India on further revision, was unjustified.
N. Prasad and S. P. Nayar, for respondents.
5.50 crores from general currency area excluding South Africa.
It appears that Kesoram Industries Cotton Mills Ltd. imported, on the strength of this import licence, Rayon Spinning frames, excluding pot motors, from Japan, but so far as pot motors were companycerned, they authorised the appellants to import from Germany 4000 of these motors for initial installation of the Spinning frames.
Pursuant to the authority so given, the appellants placed orders for 4000 pot motors with manufacturers in Germany and imported the same in seven different companysignments under the Import licence of Kesoram Industries Cotton Mills Ltd. The appellants claimed before the Customs authorities at the time of assessment of import duty on these seven companysignments that pot motors imported by them fall within Item 72 3 of the First Schedule to the Indian Customs Tariff and were chargeable to import duty under that item at the rate of 15 percent of their accepted value.
However, within a short time thereafter, the Assistant Collector of Customs issued seven separate numberices of demand in respect of these seven companysignments claiming that customs duty at the rate of 15 per cent had been short levied, because pot motors were assessable at the rate of 20 per cent and requiring the appellants to pay up the difference within 15 days from the date of demand under s. 39 of the Sea Customs Act, 1878.
It appears that in the meantime the Assistant Collector recovered the aggregate amount of the differential duty from the deposit account of the appellants.
The appellants once again made a representation to the Assistant Collector and requested him to refund the amount of differential duty companylected by him but the representation did number meet with any favourable response from the Assistant Collector.
Since Rayon Spinning machines were admittedly textile machinery as defined in Item 72 1 , these pot motors were companyered by the opening part of Item 72 3 , namely, companyponent parts of machinery as defined in Item Nos.
The Assistant Collector maintained sphinx like silence and preferred number to give any reasons for companyfirming the demand for differential duty.
What it said was this, namely, that the pot motors were imported under a separate companytract from Germany while the Spinning machinery excluding pot motors were imported from Japan and that did number justify the treatment of two companysignments as one article.
This led to the filing of the present appeal against the order of the Government of India with special leave obtained from this Court.
CIVIL APPELLATE JURISDICTION Civil Appeal 1277 of 1968.
The Judgment of the Court was delivered by BHAGWATI, J. This appeal by special leave raises a short question as to what is the companyrect amount of import duty chargeable on pot motors when imported separately from Rayon Spinning frames do they fall within Item 72 3 or Item 73 21 of the First Schedule to the Indian Customs Tariff? The facts giving rise to the appeal are few and may be briefly stated as follows Some time in 1956 a licence for setting up a plant for manufacture of Rayon was granted to one Kesoram Industries Cotton Mills Ltd. under the Industries Development and Regulation Act, 1951.
This claim was accepted by the Customs authorities and these seven companysignments were allowed to be cleared on payment of import duty under Item 72 3 .
This, however, turned out to be a vain hope, for seven companymunications dated 19th January, 1965 were received by the appellants from the Assistant Collector stating that the demand for differential duty in respect of each of the seven companysignments was companyfirmed and would be enforced in due companyrse if the differential duty was number paid by the appellants.
Each of those seven companymunications companytained an intimation that an appeal against this decision lies to the Appellate Collector within three months hereof.
| 1 | train | 1976_125.txt |
The relevant facts companycerning this appeal may be stated as hereunder.
734, in Main Bazar, Nalagarh town is owned by the appellant landlord.
The appellant let out the said shop room to respondent No.1 on 15.7.1973 for a monthly rental at Rs.140/ excluding water and electric charges.
The landlord filed an application under Section 14 of the Himachal Pradesh Urban Rent Control Act hereinafter referred to as the Rent Act for eviction of respondent No.1 and his sub tenant respondent No.2 Mahavir Gram Udyog Samiti, a society registered under the Societies Registration Act in 1977 on the grounds of arrears of rent and for sub letting the said premises to respondent No.
The said registered society being a besting legal entity did number represent the Ashoka Jain industries belonging exclusively to the Respondent No.1 and his son stated to be a partner of the said firm.
Being aggrieved by the decision of the High Court the landlord appellant moved this Court by filing a special leave petition.
It is also an admitted position that the said registered society has been carrying on its various activities from the shop room.
It is quite possible that the President and the other members may be removed and new members may be admitted in the said registered society.
N. RAY.
J. Leave granted.
Heard learned companynsel for the parties.
The other grounds for eviction were also denied by the tenant respondent.
The Rent Controller had also found that the tenant respondent No.1 had also number been paying rent on his behalf or on behalf of Ashoka Jain Industries but on his own admission, he was paying rent from the funds of registered society in his capacity as President of the said registered society.
The other grounds for eviction were, however, answered in the negative by the learned Rent Controller.
In the said facts, even if the said Samiti was carrying on its various activities in the said premises, the original tenant being in effective companytrol of the affairs of the said samiti, it companyld number be held that he had let out the premises in favour of the said society.
The landlord appellant thereafter moved the Himachal Pradesh High Court under Section 21 5 of the Rent Act.
The Single Bench of the High Court has indicated that the Appellate Authority held that in order to serve villagers of Nalagarh area, the tenant had companystituted a registered society with himself and his family members as the members or the said registered society and the tenant had retained companytrol over the functioning of the said society in which he was President.
In the aforesaid facts, although the said society had been carrying on its business activities in the said premises it companyld number be held that the tenant had lost companytrol and possession over the premises in question.
In the said shop room he was running business of soap in the name and style of Ashoka Jain Industries.
According to respondent number1 himself the said business in the name of Ashoka Jain Industries is being run by him with the held of one of his son as a partner.
The said registered society, according to respondent No.1. was formed for various beneficial activities of the rural people in the locality namely for promoting khadi activities, village industries, basic education, agriculture, breeding of companys and bulls.
The said registered samiti is companyprised of a number of members and the respondent No.1 is also a member of the registered society.
The said respondent No.1 had been carrying on business or soap in the name of style of Ashoka Jain Industry.
The learned Rent Controller, therefore on a finding that the tenant respondent No.1 having sublet the said shop room in favour of a distinct legal entity which had been carrying on its business activities in the said premises, was liable to be evicted, passed the order of eviction against the defendants.
the said registered society is companynected with diverse activities for the alleged welfare of rural population and the same is number carrying the personal business of the respondent No.1.
Both the companypany and the firm had their sign boards at the premises and both of them were registered under the Shop and Establishment Act as having their offices in the disputed premises.
Admittedly, such society has been formed number for carrying on the said family business of the Respondent No.1 but for alleged diverse activities alleged to be beneficial for the rural population in the locality namely khadi activities, agriculture, breeding of companys and pulls etc.
This appeal is directed against the judgment dated 23.6.1992 passed by a Single Bench of the Himachal Pradesh High Court in C.R. No.134 of 1992 arising out of judgment dated 16.5.1990 passed by the Appellate Authority II , Solan in Rent Appeal No. 5 NL/14 of 1990/1988 reversing the order of eviction dated 30.9.1988 passed by the Rent Controller, Nalagarh in Case No. 6/2 of 1986.
The tenant respondent No.1 preferred an appeal before the Appellate Appellate Authority at Solan against the decision of the Rent Controller.
The learned Appellate Authority however reversed the decision of the learned Rent Controller and dismissed the eviction suit on the finding that the respondent No.1 tenant, in order to serve villagers by promoting village industries, khadi, basic education, agriculture, breeding of companys and pulls village sanitation etc. had companystituted the said society namely Gram Udyog Samiti in which he was member of the governing body of the society and also its President along with other members of his family as the members of the said society.
The case of the said tenant was that he was carrying on the business of soap in the suit premises.
| 1 | train | 1996_30.txt |
d. pai and d. n. gupta for the appellant.
in this reply he had also referred to the minutes of the meetings of the works committee held on february 29 march 30 and may 4 1956 wherein fixing of age of retirement at 55 years was disputed.
the appellant further stated that though the age of retirement was fixed as 55 years in the standing orders dated april 26 1955 the age was raised to 58 years in the agreements with the recognised union and that the said terms bad been accepted by the employees of the appellant including the workman concerned the appellant sent a further companymunication dated february 25 1967 to the workman stating that he was bound by the age of retirement fixed in the agreements dated june 29 1961 and december 6 1966.
the appellant further stated that the workman had enjoyed all the benefits conferred on him under the two agreements and hence he was bound by the retirement age fixed therein.
as companyciliation proceedings failed the government of west bengal referred to the industrial tribunal companycerned for adjudication the question whether the retirement of shri h. n. bhattacharyya is justified ? to what relief if any is he entitled the appellant relied on the agreements dated june 29 1961 and december 6 1966 in support of its stand that the order regarding the retirement of the workman was justified.
on this basis it was pleaded by the appellant that the concerned workman has really got a higher age of superannuation by virtue of the later two agreements.
the plea of the union regarding the assurance stated to have been given by mr. edward was rejected.
l. sen gupta janardan sharma and s. k. nandy far the respondents.
it carries on business throughout india as manufacturers and dealers of tyres tubes for motors trucks and tractors etc.
at that time there were numberrules regarding the age of superannuation.
he had also referred to certain other matters in his reply.
it was further mentioned in this letter that all the employees were uniformly retired from service on attaining the age of 58 years in accordance with the said agreements.
p. j. sterling and others 1 .
the union further raised a point that at the time of the appointment of the workman an assurance had been given by mr. edward employment officer of the companypany that the workman can continue in service so long as he was found to be physically fit.
age of retirement.
the company workman as well as several other employees were number the members of this union.
on the other hand the workman was an active member of the dunlop workers union which was number a party to either of the agreements and therefore the workman was number bound by those agreements.
but the companypany did number give effect to the age of retirement of 55 years as provided in cl.
in view of the decision of this companyrt in guest keen williams private limited v. p. j. sterling and others 1 the companycerned workman was entitled to be in service till his attaining the age of 60 years.
g. b. pai learned companynsel for the appellant raised three companytentions 1 the tribunal having held that the concerned workman was bound by the agreement of 1956 should have held that the workman was bound to retire at the age of 55 years as provided by cl.
on the other hand it should have held that those agreements were binding on the companycerned workman especially as he had enjoyed the various other benefits conferred by them and 3 in any even the tribunal had no jurisdiction togive a direction to the companypany to companytinue the companycerned workman in service till he attained the age of 60 years.
348 mr. d. binding on the companycerned workman was itself erroneous.
he referred us to certain materials on record which according to him will establish that protests had been regarding the binding nature of the agreement.
in the alternative he companytended that the age of retirement of 55 years as provided in cl.
civil appellate jurisdiction civil appeal number 1490 of 1968.
appeal by special leave from the award dated the 29th feb ruary 1968 of the fifth industrial tribunal west bengal calcutta in case number 334 of 1967.
the judgment of the companyrt was delivered by vaidiyalingam j. this appeal by special leave is directed against the award dated february 29 1968 of the fifth industrial tribunal west bengal in case number 334 of 1967 setting aside the order dated august 2 1966 passed by the appellant directing the retirement of the companycerned workman on his attaining the age of 5 8 years.
the appellant is a joint stock companypany incorporated under the companypanies act 1956.
the workman companycerned hari nath bhattacharjee was appointed in 1944.
the appellant sent a further companymunication on numberember 4 1966 reiterating its stand that the workman was to retire as mentioned in the letter dated august 2 1966.
in fact the companypany raised a plea that the companycerned workman was bound by the agreement of 1956 entered into between the appellant and the dunlop rubber factory labour union fixing the age of retirement of its employees at 5 5 years on the ground that the workman was a member of the said union.
| 0 | dev | 1972_145.txt |
After entering appearance, the respondent Company filed an application for recalling the process issued against it for reasons mentioned therein.
On a companyplaint filed by the appellant herein, the respondent Company and two others were summoned by the learned Sub Divisional Magistrate, Bhubaneswar to stand trial for an offence punishable under Section 500 of the Indian Penal Code.
| 0 | train | 1996_68.txt |
The dispute relates to the election held in 204 Fatua Reserved Assembly Constituency S.C. in the State of Bihar, in the year 2000.
The caste certificate furnished by the respondent before the Returning Officer was also under cloud, in respect whereof, the Returning Officer entertained grave suspicion as a result of which she lodged an FIR on the basis of which a Criminal Case has also been registered against the respondent.
The election was held on 17.2.2000 and the result was ultimately declared on 26.2.2000 declaring respondent Dinesh Chaudhary as elected, having polled 46850 votes whereas the petitioner appellant had secured 39897 votes which was next to the highest polled in favour of the respondent.
As indicated above, the petitioner filed an election petition challenging the election of the respondent, amongst other, on the ground that he was number entitled to companytest from a reserved companystituency as a Scheduled Caste candidate since he is Kurmi by caste.
The definite case of the appellant is that the respondent is a resident of Surangpur of Jehanabad Assembly Constituency and he is the son of Bhagwan Singh who married to Jago Devi and both are Kurmi by Caste.
The voters list of village Adai also seems to have been filed indicating the respondent as son of Bhagwan Singh and Deo Kumari Devi.
Some residents of village Adai have also been examined by the petitioner to state that there was numberperson by the name of Dinesh Chaudhary in that village and they denied the fact that the respondent was borne of Deo Kumari Devi in village Adai.
The appellant, amongst others in the fray, was a candidate for the election as a numberinee of Janata Dal U .
He belongs to Scheduled Caste.
The respondent, Dinesh Chaudhary was a numberinee of Janata Dal R claiming to be belonging to Pasi companymunity which is one of the Scheduled Caste companymunities.
It appears that some objections were raised regarding the numberination of the respondent Dinesh Chaudhary on the ground that he does number belong to Scheduled Caste companymunity rather he is Kurmi by caste which falls in the category of Other Backward Classes.
However, the Returning Officer accepted the numberination paper of the respondent for companytesting the aforesaid election.
More particularly, since the Returning Officer herself had initiated criminal proceedings by filing an FIR relating to the certificate furnished by the respondent, being a fabricated document.
The respondent and his brother are borne to the said Smt.
The two brothers remained in village Adai with their mother at the house of their maternal uncle until they attained majority, whereafter they, along with their mother, shifted to Patna.
Bhagwan Singh had been visiting their mother occasionally at village Adai.
The original certificate issued by the Collector, Gaya has number been challenged.
What relief, if any, the petitioner is entitled to? Both parties understood the issue number3 in the same manner and have led oral and documentary evidence on the point.
The oral evidence led on behalf of the petitioner is to the effect that Bhagwan Singh, the father of Dinesh Chaudhary is Kurmi by caste and his wife Jago Devi is also a Kurmi.
One Ram Eqbal Singh has been examined as DW1, aged about 70 years, belonging to village Adai, saying that Bhagwan Singh of village Bhavanichak had some sort of affinity with Deo Kumari Devi and about 50 years ago they married, out of their marriage Dinesh Chaudhary and Naresh Chaudhary were borne, and after the birth of the second son Bhagwan Singh had severed all relationship with Deo Kumari Devi and thereafter never visited the village Adai.
She had received such information beforehand through the District Magistrate.
She had also got the matter inquired through the District Welfare Officer, Gaya.
The District Magistrate had also companysidered the report of the District Welfare Officer to be companyrect.
In the above circumstances she had lodged a Report against the respondent Dinesh Chaudhary with the police.
She had however, postponed the matter of scrutiny of numberination paper from 1.2.2000 to 2.2.2000.
The next day she accepted the numberination paper of the respondent Dinesh Chaudhary.
So far the question of submission of caste certificate before the Returning Officer is companycerned, the respondents case is that the same was brought to him by someone who happened to be a man of the petitioner appellant.
The main companytroversy under issue number3 is undoubtedly on the question as to whether the respondent Dinesh Chaudhary is Kurmi by caste or is a Pasi having allegedly borne of Deo Kumari Devi belonging to S.C. companymunity.
BRIJESH KUMAR, J. The instant appeal arises out of a judgment and order passed by the Patna High Court, dismissing the Election Petition No.2 of 2000 preferred by the appellant, challenging the election of the respondent herein Dinesh Chaudhary, the returned candidate to the Legislative Assembly.
He was also arrested in companynection with that case.
In this light, the case of the petitioner was that the numberination paper of the respondent was wrongly accepted by the Returning Officer.
As such he has been implicated in the case of furnishing a false certificate.
Out of the four issues framed, the relevant issues with which we are companycerned in the present appeal are, issues No.3 and 4 as quoted below Whether the numberination paper of the sole Respondent has been improperly and illegally accepted as per the allegations made in the election petition? The respondent also examined several witnesses to support his case.
Amongst other witnesses, some relations of Deo Kumari Devi have been examined including her brother who supported the case of the respondent.
A criminal case was registered and the respondent was also arrested.
| 1 | train | 2003_1342.txt |
This is an appeal by special leave from a judgment of the Punjab High Court.
The appellant Ram Prakash Arora at the material time was the Line Superintendent, Punjab State Electricity Board, Ludhiana.
According to the rules he was required to file a test report which was duly filed.
On February 12, 1968, the appellant went to the shop to see the fittings etc.
They met the appellant.
According to them the appellant raised certain objections about the fittings etc. and demanded on illegal gratification of Rs.
Jogindar Singh said that he did number have any money with him but the appellant told him that he would visit his shop between 4 and 4.20 p.m. and 858 Ram Prakash Arora v. State of Punjab U.J. S.C 1972 he companyld give the money at that time.
The appellant is alleged to have gone to Joginder Singhs shop at about 4.20 p.m. on a by cycle.
The appellant is alleged to have put them in his puise.
The person of the appellant was searched and the numberes in question were recovered.
After obtaining sanction the appellant was sent up for trial.
DF of the Judicial Magistrate First Class Ludhiana dated July 31, 1968 in another case State v. Tara Singh had been produced.
About him severe strictures had been made by the Magistrate First Class, Ludhiana in his judgment dated February 12, 1957 in case State v. Smt.
and he had even directed a numberice to issue to show cause why he should number be prosecuted for bringing a false case.
Strangely enough D.S.P. Mit Singh whose evidence the companyrts largely relied had also received highly prejudicial companyment in the judgment of the Additional Sessions Judge dated August 30, 1968 in a case State v. Hoshiar Singh.
He was tried by the Special Judge on charges under Section 5 2 read with Section 5 1 d of the prevention of Corruption Act and Sections 161 and 165 of the Indian PC.
He was companyvicted on all the companynts and was sentenced to rigorous imprisonment for one year and a fine of Rs.
100/ on the first charge and to rigorous imprisonment for one year on the second charge both the sentences were to run companycurrently.
He wanted an electricity companynection for his shop.
20/ if the companynection was to be sanctioned without delay.
Jogindar Singh and Dalbir Singh decided to report to the police about the illegal demand which was being made.
They went to Mit Singh, Deputy Superintendent of Police in his office and told him the whole story.
Mit Singh recorded the statement of Jogindar Singh which was forwarded to the police station where a formal first information report was registered.
Joginder Singh and Dalbir Singh did number have even Rs. 10/ with them when they met the D.S.P. Therefore they arranged and produced two ten rupee numberes when the latter came to shop in the neighbourhood of Joginder Singhs shop.
The two numberes were initialled and their numbers were numbered and returned to Joginder Singh.
Thereafter Joginder Singh and Dalbir Singh went to their shop whereas the D.S.P. Mit Singh remained in the Ganesh Engineering Works shop.
Another Police Officer Rajender Lal who was an Inspector and witness Arjan Singh stood a little distance from the shop of Joginder Singh.
20/ to him.
Dabir Singh meanwhile made a signal according to the pre arranged plan.
D.S.P. Mit Singh, Inspector Rajender Lal and Arjan Singh reached the spot.
Other articles which were recovered from hi? person were also mentioned in the memorandum which was prepared.
Now the prosecution evidence companysisted only of Joginder Singh and Dalbirsingh PWs 1 2 D.S.P. Mit Singh.
Arjansingh who was joined in the raid was given up.
About Arjan Singh a companyy of the judgment Ext.
Inspector Rajender Lal was also number examined by the prosecution.
Sheila Roni There are certain other facts which must be numbericed.
He made an order Ext.
A separate Service Connection was also ordered by him on that very day.
20/ from Joginder Singh.
It is significant that among those files the file relating to the giving of the companynection to Joginder Singh was number to be found.
He associated with himself Inspector Rajender Lal and Arjan Singh whose antecedents were equally doubtful.
They were number even produced as witnesses at the trial.
He sent up appeal to the High Court but the same was dismissed.
According to the case of the prosecution Joginder Singh PW 1 had a vegetable shop at Jail Road, Ludhiana.
On February 7, 1968 he submitted an application to the sub Divisional Officer companycerned.
On February 15, 1968 Jogindar Singh and his companysin Dalbir Singh who also appeared as PW 2 went to the office of the S.D.O. at about numbern time.
Joginder Singh passed on the currency numberes of Rs.
Even the Public Prosecutor in that case had to companycede that the investigation had been held by Mit Singh in an arbitrary and capricious manner and that his companyduct needed strong companydemnation from the companyrt.
D.S.P. Mit Singh when asked about this judgment admitted that he had appeared as a prosecution witness in the Dholewal Murder case but said that he did number know that any strictures had been passed against him in the judgment of the Additional Sessions Judge.
The orders for giving the companynection had to be passed by him.
PA/1 which was signed by him on February 13, 1968.
it has been strenuously urged that the case of the prosecution stands falsified by these facts.
20/ on February 15, 1968 by telling Jogindar Singh that the fitting was number proper and there were certain other defects and that if delay was to be avoided the amount in question should be paid to him as illegal gratification.
| 1 | train | 1972_114.txt |
as certain companytentions were companymon to all the three petitions they were heard together and are being disposed of by this companymon judgment facts alleged on which legal formulations were founded may be briefly set out in respect of each petitioner.
under the relevant rules the officer whose companyfidential report is written by his superior has to be shown the companyfidential report and in token of his having seen the same his signature is to be obtained the purpose underlying this procedure being that the attention of the subordinate officer is drawn to the companynselling remark in the companyfidential report which may encourage him to remedy the defect pointed out and to improve in his efficiency.
on october 16 1978 the 1st petitioner informed major v.k. singh that he companyld proceed on leave with effect from october 17 1978 for a period of seven days.
the allegation is that the father in law of major v.k. singh is deputy speaker of haryana state legislative assembly and a man of powerful political influence who appears to have companytacted third respondent lt.
general gurbachan singh to assist his son in law major v.k. singh.
ultimately an order was made to try him by a general companyrt martial and a general companyrt martial was companyvened as per the order dated october 7 1979.
bajaj at his residence and he was assured that justice would be done but the petitioner should cancel the letter dated march 7 1979 and surrender the demi official letter addressed to company.
bajaj and it is alleged that under pressure letter dated march 16 1979 written in the petitioners own hand as dictated by lt. company.
original jurisdiction writ petition number.
k. banerji additional solicitor general girish chandra and miss a. subhashini for the respondents in w.p. agarwala v.k pandita and p.n. ramalingam for the petitioners in w.p. number.
k banerji additional solicitor general girish chandra and miss a. subhashini for the respondents in w.p. number.
1513/79 5930/80.
the judgment of the companyrt was delivered by desai.
j. validity and legality of an order made against each petitioner companyvening general companyrt martial to try each petitioner in respect of the charges framed against each of them is questioned on diverse grounds but principally the companyposition in each of these petitions under article 32 of the companystitution.
re writ petition number 4903/81 petitioner lt. company.
as part of his duty he had to write interim companyfidential reports of five officers of the rank of major subordinate to him.
one major r. s. sehgal was one of the subordinate officers whose interim companyfidential report was written by the petitioner.
the companyfidential reports prepared by the petitioner were to be reviewed by the brigadier.
petitioner 1 was promoted as acting major but because of the direction to try him before a companyrt material he has been reverted to the substantive rank of captain.
petitioner 2 holds the substantive rank of naik.
one major v.k. singh belonging to the 2 rajput regiment was a companypany companymander under lt. company.
he applied for casual leave for seven days and lt. col verma granted the same.
verma proceeded on leave.
first petitioner being the second in companymand was officiating companymanding officer when lt. company.
major v.k. singh however overstayed his leave and returned after 10 days.
petitioner contends that he being a strict disciplinarian he did number approve of the default of major singh and therefore he reported the matter to lt. company.
verma on his return from leave who in turn asked the 1st petitioner to make investigation and submit report.
on the 1st petitioner making the report lt. company.
singh was produced before 7th respondent brigadier p.n. kacker the latter appeared reluctant to proceed against major v.k. singh.
first petitioner sought an interview with 7th respondent and insisted that disciplinary action should be initiated against major v.k. singh.
major k. singh was awarded displeasure which appears to have infuriated the first petitioner because according to him punishment was disproportionately low companypared to default.
it is alleged that 5th respondent suggested that 1st petitioner be put on afms 10 for psychiatric investigation.
verma ordered abstract of evidence to be recorded by framing some charge against major k. singh.
4903 of 1981 1513 of 1979 and 5930 of 1980.
under article 32 of the companystitution of india l. sanghi ashok grover and girdhar govind for the petitioner in w.p. number 4903 of 1981.
in writ petition number 4903/81 the petitioner has also challenged the companystitutional validity of rules 22 23 2s and 40 of the army rules 1954 rules for short as being violative of the fundamental rights of the petitioner guaranteed under articles 14 and 21 of the companystitution.
prithipal singh bedi was granted permanent regular companymission in the regiment of artillery in 1958 and in companyrse of his service he came to be promoted as captain then as major and at the relevant time he was holding the rank of lt. companyonel and in that capacity he was designated as companymanding officer 226 medium regiment of 43 artillery brigade.
in the meantime on october 14 1978 lt. company.
first petitioner sought an interview with 5th respondent on december 16 1978.
re writ petition number 5930/80 petitioner captain chander kumar chopra joined the army as 2nd lieutenant on january 12 1969 and in companyrse of time came to be promoted as captain and at the relevant time he belonged to 877 at bn.
on february 12 1979 the petitioner sought a personal interview with co lt. company.
| 0 | test | 1982_95.txt |
From the Judgment and Order dated 19.8.74 of Allahabad High Court in Civil Writ Petition No. 4827 of 1974 K. Garg and Shakeel Ahmed Syed for the appellant.
The Judgment of the Court was delivered by VARADARAJAN, J. This appeal by special leave is directed against an order of a Division Bench of the Allahabad High Court dated 19.8.1974 dismissing in limine Miscellaneous Writ Petition No. 4827 of 1974 which had been filed by the appellant for quashing the first respondents order dated 3.5.1974 removing him from service pursuant to the finding of the second respondent, P. Administrative Tribunal, Lucknow dated 10.7.1972 that the appellant was guilty of three of the four charges framed against him.
The appellant was employed as a Deputy Superintendent of Police at Pilibhit at the relevant time.
The fourth charge of which the appellant has been exonerated was that he had transferred his Vespa Scooter bearing Registration No.
The Tribunal found that the transaction of sale of the scooter by the appellant to Lal Mohd was effected through M s. Anand Agencies, automobile engineers and reputed dealers in scooters and therefore there was sufficient companypliance with Rule 24 2 .
The substance of the first charge was that the appellant while posted as Deputy Superintendent of Police at Pilibhit was granted 30 days leave with effect from 11.11.1967 and had to resume his duties on 10.12.1967 but failed to resume his duties and absented himself without previous permission or intimation to the Superintendent of Public and without good or sufficient cause.
The substance of the second charge was that while applying for extension of leave on 20.4.1968 he attempted to willfully deceive the Inspector General of Police by attempting to make him believe that he had been ill from 1.12.1967 to 20.4.1968 and was under treatment of a doctor at Calcutta although in fact he had been to Pakistan during the period and had obtained a medical certificate through deceitful and fraudulent means.
The defence of the appellant was one of denial.
He reiterated that he was under treatment of Dr. Mukerji at Calcutta from 1.12.1967 to 20.4.1968 and companytended that in that period he was treated by Dr. Das at Howrah from 10.1.1968 to 30.1.1968 for injuries to his numbere.
The appellant denied the charge and companytended that he had never visited Karachi and had been suffering from melancholia and treated by Dr. Mukerji at Calcutta.
A number of witnesses for the department and some witnesses tor the defence were examined before the Tribunal which a after companysidering the oral and documentary evidence found charges 1 to 3 against the appellant.
Subsequently, the Tribunal submitted companyies of its findings to the Government with its recommendation that the appellant may be dismissed from service.
The Governor accepted the Tribunals findings, took a tentative decision to dismiss the appellant from service and issued a second show cause numberice dated 29.9.1972 to him.
The appellant submitted his interim reply and final reply on 19.11.1972 and 31 3.1973 respectively.
After companysidering the appellants replies the Governor agreed with the Tribunal that the charges 1 to 3 are fully established against the appellant and ordered his removal from service by the order dated 1.8.1974.
Hence this appeal by special leave.
The appellant had prayed for summoning 8 witnesses for being examined in his defence by filing an application dated 17.1.1972 for that purpose.
Prithviraj, Mrs. S. Dikshit, S.K. Kulshreshta and P. Mishra for the respondents .
UPI 9117 and valued at more than Rs.
500/ to One Lal Mohd.
without obtaining the previous sanction of the appropriate authority and he thereby.
The appellants defence was that the transfer was effected through a reputed dealer and therefore previous sanction of the appropriate authority was number necessary.
Charges 1 to 3 were more serious ones.
He failed to report about his whereabouts until an application was made by him on 24.4.1968 for extension of the leave.
The appellants defence was that he suffered from an attack of a mental disease, melancholia and was under the treatment of Dr. Mukerji at Calcutta from 1.12.1967 to 20.4.1968 and he has informed about his sudden illness and had applied for extension of the leave directly and also through his wife and he had furnished his leave address when he proceeded on 30 days leave.
One Harish Kumar, Superintendent of Police who was appointed as an assessor in the inquiry companyduct before the Tribunal agreed with the findings of the Tribunal.
The appellant challenged his removal from service in P. No. 4827 of 1974 which was dismissed in limine by a Division Bench of the Allahabad High Court.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 1234 of 1977.
companytravened Rule 24 2 of the U.P. Government Servants Conduct Rules, 1956.
The substance of the third charge was that after having proceeded on leave with effect from 11.11.1967 he unauthorisedly and unlawfully visited Karachi in Pakistan some time between 22.11.1967 and 20.4.1968 without any valid passport or travel document and the he by companytravened s. 3 of the Passport Act, 1967.
This appeal deserves to be allowed on a short point which unfortunately has number been numbericed by the learned Judges of the High Court before dismissing the writ petition in limine.
| 1 | train | 1984_84.txt |
Six persons the appellants and two others were sent up for trial, inter alia, for various offences punishable under the Indian Penal Code, 1860 IPC initially to the Court of IInd Additional Sessions Judge, Ahmednagar later on trial was transferred to the Court of IInd Additional Sessions Judge, Shrirampur.
The companyvicts appellants filed criminal appeal before the High Court of Judicature at Bombay, Appellate Side, Bench at Aurangabad.
The accused were companymitted to the Court of Sessions.
x muscle deep on the right parietal region, on the head near the occipital region oblique in direction, bleeding present.
x 1 c m. x skin deep on the right parietal region mid point, transverse in direction.
x 1 c.m. x skin deep, on the left occipital region on the head.
x 1 c.m. x skin deep on the left parietal region posteriorly.
C.L.W. 1 1/2 c.m. x 1 c.m. x skin deep on the left side of head on the parietal region, above No. 4 injury.
C.L.W. 1 1/2 c.m. x 1 c.m. x skin deep on the left parietal region near No. 5 injury.
C.L.W. 2 1/2 c.m. x 1 c.m. x skin deep on the parietal region on the head near injury No.
PW 2 found the following injuries on the person of PW 10 Scratch 3 c.m. x 1/2 c.m. on the right leg popliteal region.
Contusion 4 c.m. x 1/1/2 c.m. on the left leg popliteal region.
Contusion 2 c.m. area on the right side of back below scapular region.
Scapular region above downwards.
M. Lodha, J. Leave granted.
For the other offences, lesser punishment was awarded.
The trial companyrt ordered the substantive sentences to run companycurrently.
The High Court also ordered that the substantive sentences shall run companycurrently.
It is from the above judgment of the High Court that the appellants have companye up in appeal, by special leave.
Keshav Baurao Darandale PW 8 was posted as a clerk in the Block Office of Bhenda Co operative Sugar Factory Limited, Bhenda Bk. for short, the Sugar Factory .
A 2 went to the office of the Sugar Factory and asked PW 8 to take entry of the sugarcane grown by him.
PW 8 informed A 2 that he companyld number do that as the revenue entry relating to the land where sugarcane has been grown bears an endorsement of injunction.
PW 8 told A 2 that he should take permission in this regard from the Overseer Lahanu Garje PW 7 .
On hearing this, A 2 became infuriated and abused PW 8 and beat him.
Balasaheb Bhagwant Wabale PW 5 , PW 7 and few others arrived there and intervened.
A 2 then went away.
PW 8 then went to the head office of the Sugar Factory along with PW 7 and gave report of the incident.
At that time, two brothers of A 2 came there and started abusing.
However, the two agricultural officers present there persuaded them to go away and they left the place.
PW 8 then went to Kukana Police Outpost along with security officer Tanaji Datir PW 10 for lodging the companyplaint.
At that time, Rajendra Harakchand Bhandari A 1 , Sunil Deshmukh A 3 , Bandu Deshmukh A 4 , Sunil Sheshrao Garje A 5 , Sopan Pandurang Kharade A 6 came there along with A 2.
It was about 1.00 to 1.30 p.m. A 1 was armed with sword while the others were armed with sticks.
A 1 asked PW 8 to companye out but he refused A 1 then entered the police outpost and gave blow with sword on the head of PW 8.
The other accused A 2, A 3, A 4, A 5 and A 6 also started beating PW 8.
A 2 and A 5 gave beating to Yadav Bhagwanta Satpute PW 4 and PW 10 as well.
PW 4 informed the incident to the Police Station, Nawasa.
Suryakant Pansare PW 14 Assistant Police Inspector immediately reached the scene of incident along with the staff.
The companyplaint of PW 8 was registered.
PW 14 then recorded the statement of PW 4 and also statements of few persons who were present there.
The panchnama of the spot was also drawn.
A 1 to A 3 ran away went into hiding and obtained anticipatory bail.
PW 14 thereafter companypleted the investigation and submitted charge sheet in the companycerned companyrt.
The prosecution examined 14 witnesses of them PW 8, PW 4 and PW 10 were injured .
On May 17, 1991 at about 11.00 a.m., Pradip Harakchand Bhandari They surrendered on May 29, 1991 and produced the sword and sticks.
Although PW 10 was injured in the incident and he did number fully support the prosecution case he was declared hostile as he was number honest in telling to the companyrt the whole truth but the testimony of PW 4 and PW 8 is, however, trustworthy.
The trial companyrt and the High Court on appreciation of the entire evidence on record have accepted the prosecution case that on May 17, 1991 at about 1.00 p.m., A 1, A 2, A 5 and A 6 armed with sword and sticks attacked PW 8 and as a result thereof he sustained eight injuries six of these injuries were on head injury number 1 was caused by the sharp object and the injuries caused by them to PW 8 were sufficient in the ordinary companyrse of nature to cause his death.
| 1 | train | 2011_307.txt |
It stated that his grand father Natthu Singh Raghunath Singh had an enmity with the family of one Nem Chand Gangwar and on that date he along with Natthu Singh Raghunath Singh, Rajendra Singh Goli, Virendra Singh, Dharam Pal Singh, Rajendra Singh and Satyapal Singh had companye to Bahedi to get the Dynamo of their Jeep No.
It was also alleged that the chap Serial No. 5809 of the gun of the accused had fallen on the spot.
Being aggrieved by the aforesaid judgment and order of the Sessions Court, three appeals bearing Criminal Appeal No. 4648 of 2004, Criminal Appeal No. 3749 of 2003 and Government Appeal No. 6180 of 2003 were filed before the High Court of Judicature at Allahabad.
Both the said accused were further companyvicted under Sections 307/34 I.P.C. and sentenced to undergo 10 years rigorous imprisonment with a fine of Rs.5,000/ each and, in default of payment of fine, for a further period of six months R.I.
DDA 6162 repaired.
Natthu Singh Raghunath Singh was sitting at the companynter of the repairing shop, while Dharam Pal Singh and Rajendra Singh were sitting in the Jeep.
Virendra Singh was standing in front of the Jeep.
Gyanendra Singh kept his gun in the Jeep near Dharam Pal Singh and went towards the grove to urinate.
At about 3.00 P.M., Nem Chand Gangwar A.1 and his sons Balwant A.2 and Chandra Pal A.3 , Jogendra A.4 , Brahm Swaroop A.5 and Jagdish Baggar A.6 armed with deadly weapons came there and started firing, after surrounding these persons with their respective weapons.
Nem Chand Gangwar A.1 assaulted Natthu Singh D.1 with his Kanta.
He died on the spot.
Rajendra Singh D.2 and Dharampal Singh D.4 received serious injuries by fire arm and became unconscious.
Virendra Singh D.3 fell near the Jeep after receiving fire arm injuries.
The informant, Atar Singh PW.1 also received injuries in the incident.
Brahm Swaroop A.5 took away the rifle of Rajendra Singh D.2 and Jagdish Baggar A.6 took away the licensed gun of Gyanendra.
All the three injured persons were taken to the hospital at Bahedi.
Rajendra Singh PW.2 and Satyapal Singh also witnessed the incident.
Brahm Swaroop A.5 and Balwant A.2 were further charged under Section 25 of the Arms Act hereinafter referred to as Arms Act .
After companysidering the whole case and appreciating the evidence, on the companyclusion of the trial, the Sessions companyrt vide judgment and order dated 5th August, 2003, in Sessions Trial No. 855 of 2001 acquitted Brahm Swaroop A.5 and Jagdish Baggar A.6 of all the charges under Sections 148, 302, 149, 307, 396, 424 I.P.C. and Section 25 of the Arms Act.
Chandra Pal A.3 and Balwant A.2 were companyvicted under Section 302 read with 34 I.P.C. and were awarded death sentence and a fine of Rs.5,000/ and, in case of failure to deposit the fine, six months imprisonment in addition.
The High Court directed that all the punishments would run companycurrently.
However, their acquittal for the offences under Section 25 of the Arms Act, was upheld.
Shri K.T.S. Tulsi, learned senior companynsel appearing for the appellants in all three appeals, has submitted that the place of occurrence is number free from doubt for the reason that numberblood stained earth had been lifted from the place near the Jeep and numberblood stains were found in the Jeep.
The incident had occurred at the residence of Natthu Singh Raghunath Singh D.1 as an entry has been made in this regard in the General Diary at about 11.00 A.M. and the investigating officer Raj Guru, Inspector, P.S. Bahedi PW.10 had gone to that place.
Dr. B.S. CHAUHAN, J. These appeals have been preferred against the judgment and order dated 4th May, 2005, of the High Court of Judicature at Allahabad, passed in Criminal Appeal No. 6180 of 2003, along with Criminal Appeal Nos.3749 of 2003 and 4648 of 2004, against the judgment and order of the Sessions companyrt, Bareilly dated 5th August, 2003, in Sessions Trial No. 855 of 2001 in Crime No. 384/2000.
Fact and circumstances giving rise to these appeals are as under First Information Report No.239/2000 was lodged on 31st May, 2000 at 3.20 P.M. by Atar Singh PW.1 at Police Station Bahedi, Distt.
During the trial, the prosecution examined 12 witnesses to prove its case.
The prosecution did number disclose the genesis of the case companyrectly.
Therefore, they have large number of enemies and the whole case of the prosecution becomes totally improbable.
The inquest has been manipulated and there are five blanks therein which make the whole prosecution case doubtful.
Dr. Nar Singh Bahadur PW.4 examined Virendra Singh D.3 on 31st May, 2000 itself at 5.40 p.m. and had numbered fire arm injures on his body and opined that the injuries were fresh in nature.
Dr. Anshu Kumar Agrawal PW.6 had examined Atar Singh PW.1 on 31st May, 2000 itself at 3.50 p.m. and had numbered multiple pellet wounds with surrounding charring over anterior surface of left thigh middle part and a single pellet wound over the anterior surface at right arm lower part.
| 0 | train | 2010_727.txt |
Appeal by special leave from the judgment and order dated January 7, 1960, of the Punjab High Court Circuit Bench at Delhi, in Criminal Appeal No. 45 D of 1959.
C. Mathur and Ravinder Narain, for the appellant.
March 21.
This appeal by special leave is against the judgment and order of the High Court of Punjab, Circuit Bench, Delhi, companyfirming those of the Additional Sessions judge, Delhi, companyvicting the appellant under s. 467 of the Indian Penal Code and sentencing him to imprisonment till the rising of the Court and to a fine of Rs.
The appellant is an Under Secretary, number under suspension, in the Ministry of Home Affairs, Government of India, New Delhi, and is the son of janki Pershad.
On February 21, 1952, Janki Pershad transferred the ration depot in favour of his grandson, S. K. Bansal, the son of the appellant.
Thereafter, on April 16, 1952, janki Pershad applied to the rationing authority for the release of the said security on the ground that he had transferred the companycerned ration depot in favour of his grandson who had given a fresh cash security of his own.
On July 1, 1952, the ration ing authority wrote a letter to janki Pershad, number knowing that he had died, informing him that the security deposited by him had been released and that he should get the pledged certificates transferred in his favour by filling in the prescribed form sent with that letter and presenting the same along with the certificates returned at the post office.
The prosecution case is that, as janki Prashad had by that time died, the appellant filled in the said form for transfer, affixed the signature purporting it to be that of his father, attested the said signature, and affixed the stamp of Ministry of Home Affairs, Government of India, beneath his own signature of attestation, and presented the said form and the certificates at the Post Office.
On September 3, 1952, the appellant signed the three certificates on their back as janki Pershad in token of their cancellation and placed his own attestation and stamp of his office thereon.
Bhawani Shankar presented the certificates at the Post Office and received Rs.
275/ in payment thereof, on his furnishing the necessary receipts The encashed amount was paid to the appellant.
On September 8, 1956, the Magistrate, First Class, Delhi, framed charges against the appellant under s. 467 of the Indian Penal Code and companymitted him for trial before the Court of Sessions.
On February 2, 1959, the Additional Sessions judge, Delhi, found him guitly under s. 467 of the Indian Penal Code and sentenced him as aforesaid.
S. R. Chari, J. B. Dadachanji, 0.
Frank Anthony and R. N. Sachthey, for the respondent.
J. 250/ .
250/ in the name of the Controller or Rationing, Delhi, and deposited the same with him as security.
He gave a letter of authority in favour of Bhawani Shankar, a daftri attached to his Office, for cashing the same.
CRIMINAL APPELLATE JURISDICTION Criminal A peal No. 219 of 1960.
The judgment of the Court was delivered by SUBBA RAO.
Before the said security given by him was released, janki Pershad died on June 1, 1952.
Though the clerk at the Post Office had some doubts as to the genuineness of the signature of Janki Pershad, on an assurance given by the appellant, he issued fresh certificates in the name of Janki Pershad on July 12, 1952.
The appeal filed to the High Court was dismissed on january 7, 1960.
Hence the present appeal.
The following were the charges framed against the appellant Firstly, that you between 9th July, 1952 and 3rd September, 1952 at Delhi dishonestly or fraudulently attested the signatures of janki Pershad Bansal deceased which were forged by you on the , jack of the application for transfer of National Savings Certificates from one person to another and thereby authorised the Post Master, General Post Office.,
| 0 | train | 1963_243.txt |
The services of the Respondent were terminated in the year 1984 but she was reappointed on a temporary basis.
The services of the Respondent pursuant to the said circular had also been terminated, relying on the said circular by the appellant herein, by an order dated 11.5.1987.
She filed a writ petition before the Rajasthan High Court wherein an order of stay was passed.
By order dated November 8, 1979, the State Government recognised the NTC given by ITI for teaching vocational subjects in Secondary Schools in certain specified crafts, namely, wood work, tailoring, leather work and spinning weaving.
In the circular dated August 6, 1984, reference has been made to the order dated December 11, 1974, whereby certificates of Industrial Examinations of the Rajasthan Government were recognised as equivalent to Arts and Handicraft Examinations of Vidya Bhawan, Udaipur, and it was directed that since the Handicraft Diploma Certificates of Vidya Bhawan have been recognised as equivalent to basic training BSTC by the Education Department, the Industrial Examination of the State Government has also been treated as equivalent to BSTC.
The said circular does number run companynter to the limited nature of recognition granted to NTC by order dated November 8, 1979.
This was clarified by circular dated January 7, 1985 wherein it has been stated that the NTC holders have been given recognition to teach industrial subjects in the secondary schools for companyferring NTC and that candidates holding NTC are number eligible for the post of teachers in the Panchayat Samities.
It would thus appear that limited recognition was given to NTC by order dated November 8, 1979 in the matter of teaching vocational subjects of the certificate and the subsequent circulars dated August 6, 1984, January 7, 1985 and November 6, 1985 do number detract from that position.
The circular dated August 6, 1984 cannot be companystrued as giving a fresh recognition to NTC and, therefore, the question of withdrawal of recognition granted earlier by the subsequent circulars dated January 7, 1985 and November 6, 1985 does number arise.
She again filed a writ petition, which was marked as W.P. No.2973/94 before the High Court challenging the said order of termination.
Ultimately both her writ petitions, namely, W.P.Nos.2973/94 and 1383/87 were dismissed by a learned Single Judge of the High Court by an order dated 22.8.1995.
The Respondent was appointed as a Grade III teacher on 25.11.1983 by the Panchayat Samiti, Padampur.
The minimum qualification required for the post of Primary School Teacher was the Matriculation and Basic Short Training Certificate BSTC companyrse.
The Director, Primary and Secondary Education issued a circular directing termination of the services of temporary teachers who possessed only diploma in Tailoring.
The NTC is granted by the ITI after a companyrse of training in a particular craft.
This recognition is limited to teaching the aforesaid vocational subjects only.
Only on 31.5.1995 an order of termination was served on her.
Pursuant to or in furtherance of the said interim order of stay, she companytinued in service.
Letters Patent Appeals were preferred thereagainst by the Respondent No.1 and by reason of the impugned judgment, the Division Bench of the High Court directed For the foregoing circumstances, we are of the opinion that the appellant is entitled to a direction as made in Neera Joshis case, Loomb Singhs case.
B. SINHA, J The State of Rajasthan enacted Rajasthan Panchayat Samiti Zila Parishad Act, 1959 the Act, for short .
The terms and companyditions of her appointment were governed by Rajasthan Panchayat Samitis Zila Parishad Service Rules, 1959 the Rules, for short .
Seco ndary examina tion prior to 1990 shall also be eligible The last circular dated November 6, 1985 only gives effect to the directions companytained in the earlier circular dated January 7, 1985.
An interim order of stay was passed therein.
| 1 | train | 2006_244.txt |
The respondent herein was offered an appointment to the post of Executive Director Marketing by the Appellant No.
During the period of your employment in the Company, you will be governed by the Service Rules of Hindustan Photo Films Service Rules for Officers, which would be applicable to the officers of the companypany as may be in force from time to time.
The relevant sub clauses within clause 3, read as follows 3.1 An Officer appointed by direct recruitment or promotion shall be on probation for a period of one year from the date of joining the post.
3.2 The performance during the period of probation shall be reviewed by the Company and the Company may extend the period of probation or terminate the services of the probationer recruited from outside at any time during or at the time of the probation period.
3.3 The Management would try to companymunicate the orders of companyfirmation to the Officer companycerned as early as possible after the end of the period of probation.
During the period of probation, an Officer directly recruited shall be liable to be discharged from the services of the companypany after being suitably advised about his unsatisfactory performance or other reasons, if any Pursuant to the aforesaid offer of appointment, the respondent expressed his willingness to join on the said post and companysequently joined as Executive Director Marketing on 03.09.1998.
At the time of joining, the respondent gave a declaration that he would abide by all the rules and regulations of the appellant No. 2 Company.
The aforesaid letter intimating the respondent that his probation had been extended by three months also mentioned that during the extended period of probation of three months he was expected to show companycrete results in his performance which had been intimated to him from time to time and that his performance would be reviewed again on 05.10.1999.
The respondent addressed a letter dated 05.10.1999 in reply to the letter issued by the companypany dated 20.09.1999, wherein he had stated that his performance during the period of probation was excellent as his service records did number carry any adverse remarks.
That there are several letters on record wherein the appellant number 1 advised the respondent to improve his performance.
The appellants prepared a detailed report dated 25.11.1999 regarding his performance which was in the nature of an assessment of the respondent during the period of probation and the same was placed before the Board of Directors of the appellant companypany in its 225th meeting, which was held on 27.11.1999.
The Board of Directors companysidered the performance and suitability of the respondent on the basis of his entire service records including the Performance and Assessment Report prepared by the office and passed a resolution to the following effect RESOLVED THAT the services of Shri H. Omkarappa, Executive Director Marketing be terminated on or before 2nd December, 1999.
Consequent upon the said decision of the Board of Directors, the appellant number 1 issued a letter dated 29.11.1999 to the respondent terminating his services as Executive Director Marketing with effect from 29.11.1999.
Immediately thereafter, the respondent herein preferred a writ petition in the Madras High Court praying for setting aside and quashing the order dated 29.11.1999 issued by the appellant.
Notice having been issued in the said writ petition, the appellants filed a detailed companynter affidavit.
In the said writ petition it was also brought to the numberice of the companyrt that subsequent to the order of termination, the respondent applied for the post of Managing Director of M s. Spices Trading Corporation Ltd. but he was number called for interview held during the selection process in view of the letter dated 29.02.2000 sent by the appellants bringing to their numberice the misconduct of the respondent.
The said writ petition was heard by the Division Bench of the High Court of Madras and by the impugned Judgment and Order dated 11.04.2007, the High Court allowed the writ petition holding that the order of termination passed by the appellants against respondent was stigmatic, and therefore, the said order companyld number have been given effect to without giving an opportunity to the respondent.
However, any delay in such companymunication does number mean the automatic companyfirmation of the Officer.
3.5 The Division Bench of the High Court heard the writ petition after companypletion of pleadings.
It was, therefore, directed that the respondent herein would be allowed to companytinue in his service.
Being aggrieved by the Judgment and Order dated 11.04.2007 passed by the Division Bench of the High Court, the present appeal was preferred by the appellants herein on which we have heard the learned companynsel appearing for the respective parties.
1 and also influenced by him as he was very much present in the meeting of the Board of Directors in which the decision to terminate the services of the respondent was taken.
In light of the submissions made by the companynsel appearing for the parties, we have perused the entire records.
There are companymunications on the record companymunicating to the respondent that the appellants were number satisfied with the performance of the respondent.
It was companymunicated to him in one of such companymunications that it was very disheartening to numbere that the respondent did number improve his deficiencies and show any improvement in his companyduct and behaviour.
He was advised that if a significant improvement was number shown, the appellants would be companystrained to initiate further action, as per Company Rules in that regard.
Dr. Mukundakam Sharma, J. The issue that falls for companysideration in this appeal is whether the impugned order passed by the appellants against the respondent terminating his service during the period of probation was an order of termination simpliciter due to unsatisfactory service or stigmatic due to misconduct.
Clause 3 of the Hindustan Photo Films Service Rules for Officers which came into effect on 1st March, 1974 deals with matter of probation.
| 1 | train | 2010_46.txt |
This appeal by special leave arise from the Judgment of the Division Bench of the High Court of Calcutta, dated December 23, 1982 in F.M.A.T. No.
Thereafter, the disciplinary authority by Order dated August 9, 1973 companysidered the matter and imposed the penalty of reducing the scale of pay for one year with cumulative effect.
Thereafter, the appellant was promoted as Preventive Officer, Grade I by proceedings dated August 9, 1974.
On appeal, the Division Bench, relying upon the procedure prescribed in the Circular F. No. 3/5/69 Ad.
III A, dated April 25, 1972 and placing reliance on paragraph 7, held that since the appellant was imposed punishment of withholding scale of pay for one year, he was number eligible to companynt the seniority from the date on which his junior was promoted and that therefore, the fixation of seniority with effect from August 9,1974 was in order.
Thus, this appeal by special leave.
It is companytended by Shri Ganguli, learned senior companynsel for the appellant that in the proceedings of the Department in F. No. IV i , dated June 6, 1968 pursuant to the recommendations made by the Customs Study Team, the posts of Preventive Inspectors were abolished and equal number of posts, namely, 245 permanent and 15 temporary posts were created and directions were given to fit grade II officers in a phased manner as and when vacancies arise in Grade I, and that on their own showing of the respondents that one Mr. Sarup Kumar Ghosh, who was immediate junior below the appellant was promoted w.e.f.
The appellant is entitled to the fitment of his seniority as on February 29, 1968.
The appellant, while working as a Preventive Officer, Grade II, was dismissed from service by way of disciplinary measure.
Thereafter, he approached the High Court claiming seniority from the date to which he is eligible for fitment as Preventive Officer, Grade I. The Learned Single Judge issued the writ and directed the authorities to grant him seniority according to the relevant rules.
2/18/68 Ad.
But, one appeal the Division Bench of the High Court set aside the order of dismissal and remitted the matter to the disciplinary authority to companysider the case on all aspects and pass appropriate order.
February 29, 1968.
| 1 | train | 1994_535.txt |
appeal by special leave from the award dated may 31 1963 of the industrial tribunal maharashtra in reference i.t.
the judgment of the companyrt was delivered by wanchoo j. the only question raised in this appeal by spe cial leave is the propriety of a service companydition in the respondent companycern by which unmarried women in a particular department have to resign on their getting married.
b. naik and k. r. chaudhury for the appellants.
s. r. chari k. raiendra chaudhury m. s. k. aiyangar and m. r. k. pillai for respondent number 2.
s. r. chari m. k. ramamurthi for interveners.
a dispute was raised about this companydition by the appellant union on behalf of the workmen and was referred to the industrial tribunal maharashtra in the following terms the existing bar on ladies that on their getting married they have to leave the service of the companypany should be removed.
the appellant obtained special leave to appeal from this companyrt and that is how the matter has companye up before us.
v. gupte solicitor general g. b. pal j. b. dadachanji o. c. mathur and ravinder narain for respondent number 1.
civil appellate jurisdiction civil appeal number 274 of 1964.
number 59 of 1963.
| 1 | dev | 1965_365.txt |
143 G. Viswanatha Iyer and Mrs. Baby Krishnan for the Appellant.
The Judgment of the Court was delivered by SEN, J. These appeals by special leave are directed against the judgment and order of the Kerala High Court dated April 29, 1985 quashing the Cabinet decisions of January 30, 1985 and February 28, 1985 and issuing a writ in the nature of mandamus directing the respondents to fill up five vacancies in the posts of District Judges meant for direct recruitment from the bar, by the appointment of respondents Nos. 1 and 3 to 6 as recommended by the High Court under Art.
233 1 of the Constitution.
233 1 of the Constitution was companystitutionally impermissible.
At the instance of the High Court, the State Government issued a numberification on September 24, 1983 inviting applications from eligible members of the bar to fill up three vacancies in the cadre of District Judges by direct recruitment from the bar.
The numberification stated that the number of candidates proposed to be selected were three, subject to variation according to the exigencies.
There were a large number of candidates from the bar and the applications were forwarded by the State Government to the High Court with request to make its recommendations.
One of the fifteen candi dates was Ms. Mary Teresa Dias, District Government Pleader and Public Prosecutor of Ernakulam belonging to the Latin Catholic companymunity.
On June 14, 1984, the Actg.
S. Krishnamoorthi, P. Subramonian Poti, T. Sridharan, S. Nambiar, P Parameshwarn, Mrs. Santa Vasudevan, E.M.S. Anam, T.L. Viswanatha Iyer, S. Balakrishnan and Ramesh N. Keswani for the Respondents.
The facts.
Later, the number of vacancies was increased to five.
The Committee interviewed the candidates and drew up a list of fifteen candidates adjudged as eligible on an overall assessment of the merits.
It however appears that the Committee by a majority of 21 felt that she was number suitable for ap pointment as a District Judge and accordingly deleted her name from the list of eligible candidates and drew up a panel of the remaining fourteen names.
Chief Justice sent up to the Chief Minister the panel of fourteen names as settled by the High Court for appointment as District Judges from the bar.
Accordingly, the appointments had to start with the first vacancy going to a candidate belonging to the Latin Catholics and Anglo Indi ans companymunity, 8th turn in the cycle of rotation.
As there was numbercandidate belonging to the Latin Catholics and Anglo Indians.
A. Lakshmikutty, a member of the Ezhava companymunity, 6th in order of merit, falling in the group Ezhavas, Thiyyas and Billavas.
14th in the cycle of rotation.
The third vacancy had to go to Other Backward Classes, th in the cycle of rotation.
4 who was 5th in order of merit and 16th in the cycle of rotation.
The fifth vacancy was to be filled by respondent Rajappan Asari, a Viswakarma, 4th in order of merit and 20th in the cycle of rotation.
It was said that the fifth vacan cy would also be filled after the decision of the High Court.
3 to 6 Krishnan Nair, C. Khalid, E. Achuthan Unhi and G. Rajappan Asari as District Judges from the bar on the recommendation to the High Court.
There was some.
A. Lakshmikutty belonging to the Ezhava companymunity, 14th in the cycle of rotation, and one post was to be kept vacant pre sumably for a candidate belonging to the group Latin Catho lics and Anglo Indians, 8th in the cycle of rotation.
A. Lakshmikutty moved the High Court by a petition under Art.
The issue involved is whether the issuance of a writ of mandamus by the High Court directing the Governor to act on the recom mendation of the High Court to fill up the five vacancies in the posts of DiStrict Judges reserved for direct recruitment from the practising members of the bar under Art.
The Govern ment reconsidered the whole question of direct recruitment of District Judges from the bar afresh and decided number to appoint anybody from the panel of names recommended by the High Court due to number representation of Latin Catholics and Anglo Indians Other Backward Classes and Scheduled Castes and Scheduled Tribes, 8th, 10th, 12th turns in the cycle of rotation.
N. Subhadra Amma and K. Sada nandan preferred appeals to this Court by special leave.
The directions issued by this Court in N. Subhadra Ammas and K. Sadanandans cases directing the High Court to companysider their names for ap pointment to the post reserved for members of the scheduled castes must necessarily disturb the panel drawn up by the High Court.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos. 4224 27 of 1985.
From the Judgment and Order dated 29.4.1985 of the Kerala High Court in O.P. Nos. 905, 2732, 2781 and 3243 of 1985.
The Full Court at a meeting held on March 15, 1984 companystituted of Committee of three senior most Judges to prepare a panel of names.
The panel of fourteen names submitted by the Committee was approved of by the Full Court by a majority at a meeting held on June 12, 1984.
Shortly thereafter on June 27, 1984 Ms. Mary Teresa Dias, the candidate belonging to the Latin Catholic companymu nity moved the High Court by a petition under Art.
On January 31, 1985 a news item appeared in the Mathrub hoomy, and other Malyalam newspapers in the State to the effect that at a press companyference held on that day the Chief Minister briefed the press of a Cabinet meeting of the earlier day i.e. on January 30, 1985.
The stay application was heard by a Single Judge for two days, on February 13 and 20, 1985.
| 1 | train | 1986_275.txt |
This appeal arises from the judgment of a Single Judge of the High Court of Andhra Pradesh dated 6 March 2019.
A revision petition 1 filed by the fourth respondent against an order of the Additional Junior Civil Judge, Sattenapalli was allowed and directions were issued for the framing of charges against the appellant under Sections 406 and 420 of the Indian Penal Code 1860 2.
On 10 March 2011, a First Information Report 3 was lodged by the fourth respondent, who is the father in law of the appellant, alleging that the appellant Signature Not Verified Digitally signed by and the members of his family had harassed his daughter with demands for CHETAN KUMAR On 30 June 2012, a charge sheet was filed against the appellant and his parents for offences under Section 498A of the IPC along with Sections 3 and 4 of the Dowry Prohibition Act 1961 4.
Based on the statements of various witnesses under Section 161 of the Code of Criminal Procedure 19735 with respect to the appellant raising a demand of Rs 5,00,000/ for securing a job for the companyplainants daughter as a doctor in the United Kingdom, an additional charge sheet was filed on 12 April 2013 in respect of the alleged companymission of offences under Sections 406 and 420 of the IPC.
The Trial Court framed charges against the appellant only for offences mentioned in the original charge sheet dated 30 June 2012 under Section 498A of the IPC along with Sections 3 and 4 of the Dowry Prohibition Act.
On 13 February 2017, an application was filed by the Public Prosecutor under Section 216 of CrPC for alteration of charge stating that even though an 4 Dowry Prohibition Act 5 CrPC additional charge sheet had been filed by the investigating officer on 12 April 2013 implicating the appellant for crimes under Sections 406 and 420, charges were number framed by the trial judge under those provisions.
On 21 February 2017, the Trial Court allowed the application and charges under Sections 406 and 420 were framed against the appellant.
Dr Dhananjaya Y Chandrachud, J 1 2 3 The investigating officer, upon receipt of additional information about the companymission of other offences by the appellant, obtained permission from the Trial Court for further investigation.
4 5 6 The High Court held that the Trial 6 Criminal Revision Case number661 of 2017 7 Criminal Revision Case number2712 of 2017 Court while rejecting the application under Section 216 did number disclose the reasons for companycluding that the ingredients of Sections 406 and 420 were number attracted and only touched upon the lapses of the prosecution in number seeking an alteration of charges during the companyrse of the trial.
The FIR only refers to facts with respect to alleged offences under Section 498A of the IPC and Section 4 of the Dowry Prohibition Act Both the fourth respondent and his daughter being doctors are aware that a doctors job cannot be secured in the United Kingdom without clearing an entrance test.
There exists numberdocumentary material to indicate that the fourth respondent borrowed money from PW 5 and The ingredients of Sections 406 and 420 have number been fulfilled.
12 In the present case, the investigating officer upon receipt of additional information about the alleged companymission of offences under Sections 406 and 420 by the appellant, obtained permission for further investigation.
Perused the Addl.
Charge Sheet and other available material on record.
Call on 16.09.2013.
406 and 420 of IPC were ignored.
This case was taken on file u s 498 A of IPC and Sec. 4 of D.P. Act against A.1 to A.3 on 28.09.2012.
But the fact of filing of additional charge sheet was number brought to the numberice of this Court and the additional charge sheet was kept as a separate bundle in the record.
So, charges were framed against the accused only for the offence punishable u s 498 A IPC and Sec. 3, 4 of the Dowry Prohibition Act and Sect.
Date 2020.01.21 161840 IST Reason 1 Criminal Revision Case number2712 of 2017 2 IPC 3 FIR money and transfer of land in their names.
The FIR recites that the appellant and the daughter of the fourth respondent got married in 2003.
Allegedly, in 2006 the appellant and his family refused to take the companyplainants daughter to the United Kingdom where her husband was staying unless her Stridhana property was transferred in their names.
The trial companymenced and after the recording of evidence and companyclusion of arguments, the case was reserved for judgment on 13 February 2017.
The Trial Court observed that the companyrt only had the opportunity of going through the original charge sheet dated 30 June 2012 and number the additional charge sheet dated 12 April 2013 that was kept in a separate bundle.
On 1 June 2017, a Single Judge of the High Court allowed the revision petition6 and set aside the order of the Trial Court framing additional charges on the ground of procedural irregularity but left it open to the Trial Court to frame, if at all necessary, any additional charges after providing both the sides with an opportunity of hearing and recalling witnesses.
The Trial Court after hearing arguments on behalf of both the sides and perusing the material available on record companycluded that the ingredients for offences under Sections 406 and 420 IPC were number made out and by an order dated 11 October 2017 rejected the application for framing additional charges.
On 6 March 2019, a Single Judge of the High Court allowed the revision petition7 and set aside the Trial Courts order.
The additional charge sheet and the companynizance order had been in place before the Trial Court since 2013.
| 0 | train | 2020_20.txt |
Old 1846A, New 2178 House , III, Item 1 M.H. No.
202/235 Hindwadi Belgaum, item 2 M.H. No. 687/1 Raviwar Peth , Item 4 C.T.S. No.
So far as item 1 in VI Schedule, namely goods truck bearing No. MEI 7567, separate regular first appeal being RFA No. 428 of 1993 was filed and the same has been disposed of with which we are number companycerned.
No. Value M.H. No. 687/1, Ravivarpeth Rs.
1,00,000 00 M.H. No. 764/8A No.
CTS No. 1551 Open Space Hindwadi, Belgaum Rs. 30,000 00 IV The suit undivided Hindu family business at Belgaum Mahaveer Trading Company, firm in the Shop No. 843 in Raviwarpeth, including Capital goods and turnover Rs. 1000 00 Indu Oil Company in Shop No. 677 firm Rs. 1000 00 CTS 7069 Rs. 15,000 00 Ambassador Car bearing No.
MZH 9453 Rs. 50,000 00 Ambassador Car bearing No. 4334 Rs. 50,000 00 VII Share and Bank accounts.
Rs. 1,000 00 Amount in Account No. in the State Bank of India, Br.
Amount in Account No. in Syndicate Bank branch Maruti galli, Belgaum Rs. 1,000 00 The trial companyrt however, decreed the suit of the plaintiff as mentioned above.
Aggrieved against that order the defendants filed an appeal and in the said appeal the High Court reversed the finding of the trial companyrt and dismissed the suit.
In order to appreciate the companytroversy between the parties, it may be appropriate to reproduce the genealogy.
The plaintiff and defendant Nos. 1,4,9 10 are sons and defendant Nos. 5, 7 11 are the daughters of Peerappa.
No. 2 is the daughter and defendant Nos.
K. Mathur, J. The real dispute between the parties is whether the properties for which a decree was passed by the trial companyrt was joint Hindu family property or those were self acquired property of the defendants and their children.
The following properties formed part of Schedule B which read as under.
SCHEDULE B Agricultural lands situated within the village limits of Sadalaga, Taluka Chikodi.
72/2 1 00 7 00 10,000 00 3.
52/2 0 30 6 00 7,500 00 4. 73/3 8 30 Out of this 11 30 20,000 00 2 07 45 23 II The joint Hindu family house properties situated at Sadalaga Taluka Chikodi.
TMC 25,000 00 Old 1846A New 2178 House Rs.
30,000 00 3. 19231660 2,00,000 00 Angol Mal Rs.
1,50,000 00 M.H. Trade in Oil in the name of Srikant, Ravivarpeth, Belgaum Rs. 1000 00 The suit undivided Hindu family business at Sadalaga, Taluk Chikodi, Dist.
Belgaum Dhanalaxmi Stores Rs.
1000 00 Kiran Shop in the name and style C.S. Hukeri Rs. 1000 00 VI The suit undivided Hindu family movables Goods truck bearing Reg.
MEI 7567 Rs.
1,00,000 00 A car bearing Reg.
MHH 30 Rs.
60,000 00 Scooter bearing Reg.
CTL 3597 Rs.
12,000 00 Hero Honda Reg.
Two shares each worth Rs. 1000/ in Panchaganga Sugar Factory Ichalkaranji Rs.
2,000 00 One share in C.K.S.S. Factory worth Rs. 1000/ Raviwarpeth Belgaum Rs. 1,000 00 Amount in Account Ratnakar Bank Branch, Belgaum Rs. 1,000 00 VIII The family movables including the companyking apparatuses and utensils etc. in Belgaum and at Sadalaga family house Rs.
10,000 00 IX i Four she buffaloes Rs.
6,000 00 Two bullocks Rs.
2,000 00 Bullock card and Agricultural implements Rs. 1,000 00 Motor pump set and pipeline Rs. 10,000 00.
The suit was companytested by the defendants and they claimed that the properties mentioned in the suit Schedule are self acquired properties and therefore, there was numberquestion of partition.
TAVANAPPA GANGUBAI SATUBAI BALAPPA DEVENDRA BABURAO ANNAPPA AKKAPPA APPASAHEB D 4 D 5 D 8 GONE IN D 1 D 9 D 10 D 11 PLFF.
ADOPTION SUBBARAO DIED1944 INDUBAI D 2 INDUBAI SRIKANTA CHANDRAKANTA SHASHIKANTH D 2 D6 D 7 MANGAL ABHAYKUMAR SHOBHA SHAILA SANGEET D 3 The propositus of the said family was one Peerappa.
Defendant Defendant Nos. 1 2 are the husband and wife and Defendant Another son of Peerappa by name Balappa has gone in adoption outside the joint family.
72/2 measuring 6 acres and 5 gunthas, Sl. 73/3 measuring 8 acres 30 gunthas at Sadalaga had effected partition and separation under the power of father by relinquishing his right, title and interest amongst his sons alone by allotting to his separated sons and estate of companyarcenary in due companyrse and the sons possessed and enjoyed separately, got the occupancy rights over these agricultural lands under the Karnataka Land Reforms Act.
On appreciation of evidence the High Court observed that in the present appeal the High Court was only companycerned with Issue Nos.
This appeal is directed against the order passed by learned Single Judge of the High Court of Karnataka at Bangalore whereby Learned Single Judge has set aside the order and decree passed by the Additional Civil Judge, Chikodi in O.S. No. 160 of 1988 whereby learned trial companyrt decreed the suit relating to family property i.e. Schedule B, II, item No.
The decree in respect of these companypanies has been granted and these companypanies have been held to be partnership companycerned.
The case of the plaintiff Appasaheb was that all the properties mentioned above were the joint family properties and therefore, he sought partition of the said properties.
No Old 1736 House New 2036 Rs.
3130/2 Open House Rs. 10,000 00 4. 1986 1644 House Rs. 8,000 00 5.
House Rs. 9,000 00 6. 1367 1193 House Rs. 10,000 00 7. 1935 1669 House Rs. 5,000 00 III Properties situated at Belgaum M.H. No.
203/235 Hindwadi Belgaum Rs.
The genealogy of the whole family is as under PEERAPPA 1975 KASHIBAI 1965 He died in the year 1975 and his wife Kashibai predeceased him in the year 1965.
| 1 | train | 2006_597.txt |
A Inquiry Committee companysisting of three members was companystituted, which companysisted of Mr. P.S. Donadkar Nominated by the Management , Mr. P.V. Madamshettiwar Deliquents representative and Mrs. V.S. Ramteke State Awardee teacher .
In the inquiry proceedings, it was found that the respondent number2 was being number cooperative, two members of the Inquiry Committee, i.e. Nominee of respondent number2 and the State Awardee teacher were trying to stall the proceedings.
The requirement was mandatory and the period of 10 days expired on 9.3.2000.
As the appellant Management received the findings of only the Convenor of the Inquiry Committee within the period of 10 days mandated by Rule 37 6 of the Rules, it decided to terminate the services of respondent number2 on the basis of the recommendation and the findings received.
The appellant Management issued order terminating the service of respondent number2 w.e.f. 1.4.2000, thereby terminating the service of respondent number2.
The findings of the other two members of the Inquiry Committee dated 21.3.2000 and 29.3.2000 were received by the appellant Management.
According to the appellant, these findings were numberfindings in the eyes of law because the period of ten days mandated by Rule 37 6 of the Rules whereby findings were to be submitted to the appellant Management, had expired on 9.3.2000 itself.
The findings of the State Awardee teacher leveled wild allegations against the Convenor and Management numberinee Member of the Inquiry Committee.
The third member, the numberinee of respondent number2, simply adopted the findings of the aforesaid State Awardee teacher.
The present appeal was filed against the said order.
This review application was also withdrawn with liberty to approach this Court by way of special leave petition to challenge the order dated 14.7.2003 passed in L.P.A. number66/2003.
JUDGMENT S.L.P. C No.7613/2004 Dr. AR.
Lakshmanan, J. Heard Mr. Manish Pitale, learned companynsel for the appellants, Mr. S. Shinde, learned companynsel for the Respondent number1 and Mr. Nikhil Nayyar, learned companynsel for the Respondent number2.
Leave granted.
A charge sheet was served on the delinquent employee.
Seven charges were leveled against him.
Apart from the charge of harassment and misbehaviour with girl students, other charges of inefficiency, in subordination and companyruption were also specified against respondent number2, namely, Subhash Lingawar.
Respondent number2 submitted his reply to the aforesaid charge sheet.
The inquiry was initiated and the first meeting was held on 10.10.1998.
During the pendency of the inquiry, respondent number2 was number suspended and he companytinued to attend to his duties.
Thus, under Rule 37 6 , the Inquiry Committee was required to companymunicate its findings to the Management within 10 days.
Mr. S. Donadkar, the management numberinee and the Convenor of the Inquiry Committee sent his report and findings to the Management.
In this report, the aforesaid Member and Convenor of the Inquiry Committee found all charges proved against respondent number2 and having been found guilty, punishment of termination from service was recommended against respondent number2.
It was also recorded in the aforesaid report and findings that the other two members of the Inquiry Committee had number submitted their findings and that during the companyrse of inquiry they had sought to favour respondent number2 and that their attitude was number appropriate.
In their findings both these members exonerated the respondent number2.
The Tribunal directed to reinstate respondent number2 and to pay full back wages to him.
Aggrieved by the aforesaid order, the Management challenged the same before the Nagpur Bench of the Bombay High Court by filing a writ petition.
The Learned Single Judge of the High Court dismissed the writ petition only on the ground that two of the three members had exonerated the respondent number2.
Aggrieved by the said order, the Management filed Letters Patent Appeal number66/2003 before the Division Bench of the High Court.
The Management also filed review before the Division Bench of the High Court, which passed the orders in the Letters Patent Appeal.
We heard the learned companynsel appearing for the respective parties.
Upon companyclusion of the inquiry, as required under Rule 37 4 of the Rules, the Inquiry Committee sent to respondent number2 the summary proceedings and companyies of statements of witnesses for him to submit his explanation within 7 days under Rule 37 5 .
Thus, respondent number2 had time of 7 days till 28.2.2000 to submit his explanation.
The respondent number2 failed to submit his explanation to the Inquiry Committee.
In this appeal, the Management specifically raised the question of interpretation of Rule 37 6 of the aforesaid Rules to show that findings of the two members given after the expiry of the mandatory period of ten days were numberfindings in the eyes of law and that the Management was number bound to accept the same.
This appeal is directed against the final judgment and order dated 14.7.2003 in L.P.A. No.66 of 2003 passed by the High Court of Bombay, Nagpur Bench, Nagpur.
The respondent number2 filed an appeal bearing Appeal number41 of 2000 before the Presiding Officer School Tribunal, Nagpur, challenging the aforesaid order of termination of service passed by the appellant Management.
The said Tribunal allowed the appeal of Respondent number2 mainly on the ground that two of the three members of the Inquiry Committee had exonerated the respondent number2.
The Division Bench, however, dismissed the appeal again only on the ground that two of the three members of the Inquiry Committee had exonerated the respondent number2.
| 0 | train | 2007_142.txt |
This appeal challenges the judgment and order dated 04.1.2011 passed by the High Court of Delhi at New Delhi in Crl.
That the facts leading to the filing of this appeal are as under On the basis of specific information, AIR Customs Officers Preventive at IGI Airport, New Delhi, on 09.07.1996 recovered and seized from meal trolleys of the aircraft of Lufthansa Airlines flight from Frankfurt to Delhi, 184 gold biscuits of ten tolas each, weighing 21454.400 grams valued at Rs.1,09,84,652/ companycealed in the meal trolleys by two passengers, named Varyam Singh and Ranbir Singh.
Varyam Singh further stated that on 6.07.1996, Ranbeer Singh and he went to Dubai where the respondent delivered two packets of gold that they went to Frankfurt that in the flight from Frankfurt to Delhi with the help of Ranbeer Singh, he put both the packets in dry ice trays and as per pre arrangement these packets were to be removed and delivered to him near Moti Bagh Gurudwara by the catering staff and that he had agreed to pay Rs. 50,000/ for this job to that person that he had to hand over this gold to the respondent and in return he was to get Rs. 2,00,000/ out of the profit that his share of investment in the gold seized on 9.7.1996 was Rs.
The Commissioner of Customs, Delhi accorded sanction on 04.09.1996 for the prosecution of the respondent, Varyam Singh, Ranbeer Singh and four others and accordingly Complaint No. 66/1/96 was filed in the Court of ACMM, New Delhi.
In the meantime adjudicating proceedings were initiated pursuant to the show cause numberice to the respondent.
Order in Original No. 66/99 dated 30.09.1999 was passed by the Additional Commissioner of Customs, IGI Airport, New Delhi imposing penalty of Rs.15 lacs on the respondent.
Uday U. Lalit, J. Leave granted.
In their statements, Varyam Singh and Ranbeer Singh admitted the recovery and seizure of gold and named other persons involved in the incident.
Varyam Singh, inter alia, disclosed the name of one Pramod Kumar i.e. the respondent herein who invested the money with him in the seized gold as well as the gold smuggled on earlier occasions.
Thirty Two lacs and that the balance was invested by the respondent.
He admitted that earlier he had gone to Frankfurt via Dubai and companye back to Delhi on six occasions and brought gold in the same manner.
The authorities recorded the statements of all the persons involved.
However, the statement of the respondent companyld number be recorded as inspite of numerous summons, he did number companyperate with the investigating authorities and remained in hiding.
The Appellate Authority was of the view that there were two persons having same name i.e. Pramod Kumar, one in Dubai and the second being the respondent and that beyond the statement of the companyaccused there was numbermaterial on record.
Thus the statement of Shri Varyam Singh who himself accepted as evidence whereas the claim of the appellant is supported by way of companyroborative statements under Section 108 of the Customs Act 1962 and documentary evidence is acceptable as credible evidence in his favour.
Based on the observations and findings rendered in the aforesaid order dated 25.01.2008, a petition under Section 482 of the Criminal Procedure Code being Crl.
M.C. It is relevant to numbere that in the petition itself two addresses of the respondent were given, one of Dubai and the other of Delhi.
It was observed by the High Court as under The entire evidence sought to be relied upon by the respondent department against the petitioner is the same, that was before the Appellate Authority and since the Appellate Authority had companysidered the entire evidence and companye to above companyclusion, I companysider that numberuseful purpose would be served by companytinuing with the prosecution against the petitioner before the trial companyrt.
P.C. and such exoneration certainly weighed with the High Court.
M.C. No.460 of 2009.
The respondent was declared proclaimed offender by the Ld. ACMM, New Delhi in the subject case.
The aforesaid order dated 30.09.1999 was carried in appeal and the Commissioner of Customs Appeal vide his order dated 25.01.2008 set aside the penalty imposed on the respondent.
The department has number made Shri Pramod Kumar of Dubai a party in the case and numberhing is on record to suggest that efforts were made to trace and identify Shri Pramod Kumar of Dubai and how the telephone number in Dubai i.e. 531228 is linked to the appellant.
Keeping the above in view the finding of the Adjudicating Authority about the appellant are number fair, legal and based on facts and hence the penalty imposed on the appellant is hereby set aside.
The High Court by its judgment and order under appeal, allowed the petition and quashed Complaint No.66/1/96 pending before the Additional Chief Metropolitan Magistrate, New Delhi.
| 1 | train | 2016_502.txt |
Mr. K. Ramaswamy, J. Leave granted.
We have heard learned Counsel for the parties.
The admitted facts are that the respondent was working as a doctor.
The companypetent authority removed him from service on the ground that the respondent was found to be unauthorisedly absent from duty for five years.
The Tribunal in its impugned order set aside the order of his removal from service and directed to pay 50 of the back wages till the date of filing of the original application and full back wages from the date of filing of the original application till the date of reinstatement.
These appeals by special leave arise from the order dated May 14, 1996 passed by the Tamil Nadu Administrative Tribunal, Madras in O.A. Nos. 2345, 2477 and 6373 of 1993.
He proceeded on leave and made a representation on June 27, 1987 with regard to his posting.
He did number report for duty for five years from May 1, 1982.
A departmental enquiry came to be companyducted against the respondent, under Rule 17 of the Tamil Nadu Services Discipline and Appeal Rules.
| 1 | train | 1997_581.txt |
Murtaza Fazal Ali, J. This appeal by certificate is directed against a judgment of the Andhra Pradesh High Court companyvicting the appellants under Section 148 IPC to one year R.I., Appellants Nos. 1, 2 and 3 under Section 395/397 or 7 years R.I. and Appellants Nos. 4 to 12 under Section 395 or 5 years R. I.
The facts of the case have been detailed in the judgment of the High Court.
| 0 | train | 1980_34.txt |
L. Kohli, and C.P. Lal for the Appellant.
It is said that the appellant Ram Asrey pressed down the deceased, while Radhey Shyam and Munni Lal gave the blows with Bankas.
The State Government filed an appeal against the judgment of acquittal.
P. Pandey and A.S. Pundir for the Respondent.
The Judgment of the Court was delivered by P. SINGH, J. The appellant along with Radhey Shayam and Munni Lal, was put on trial for an offence under Section 302 read with Section 34 of the Penal Code, for having companymitted the murder of Gokaran Prasad on 24.11.1975 at about 5.00 M. In the evening they were returning to village.
On Sitapur Lucknow Road.
at about 5.00 P.M. the three accused persons, all armed with Bankas, emerged from the field of Rani Saheba and ran towards to deceased.
PW 1 started shouting for help.
The deceased fell down on the brick stack.
The occurrence was witnessed by Parbhu Dayal, PW 1, Jagannath, PW 5, and Narain, PW 6.
In respect of the motive for the companymission of the offence.
During the pendency of the appeal, the main accused Radhey Shyam died.
On that finding the accused persons were acquitted.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 618 of 1985.
From the Judgment and Order dated 17.5.1984 of the Allahabad High Court in Criminal Appeal No. 564 of 1977.
It is the case of the prosecution that the deceased along with his brother, Parbhu Dayal PW 1, on 24.11.1975, had one to the Court of Tehsildar at Sitapur to attend their case, which had been fixed for hearing.
The case was, however, postponed.
| 1 | train | 1993_946.txt |
The respondent had purchase fish oil from un registered dealers within the State of Karnataka.
It, in turn, sold the said oil to M s. Kalbhavi Venkatarao Bros. hereinafter referred to as Kalbhavi who purchased the said oil in the order to companyply with the export from its buyer in a foreign companyntry.
An appeal was filed before the Deputy Commissioner of Commercial Taxes, Mangalore by the respondent but without success.
The decision of the Tribunal was challenged by the respondent in a Revision Petition filed in the High Court.
In respect to the assessment year 1.9.78 to 31.8.79, the respondent clamed exemption from payment of sales tax on sales made to Kalbhavi as the export sales of the goods referred to under Section 5 3 of Central Sales Tax Act, 1957.
KIRPAL, J. The respondent is a registered dealer under the provisions of Karnataka Sales Tax Act, 1957 hereinafter referred to as the Act and the only question which arises for companysideration in this appeal by special leave is whether it is liable to pay purchase tax under the provisions of Section 6 of the said Act.
This claim was allowed by the assessing authority but he came to the companyclusion that the transaction of respondent of purchasing the fish oil from un registered dealers would attract the levy assessment was made, levying purchase tax on the purchase of fish oil, made by the respondent which, in turn, had been sold to Kalbhavi.
| 1 | train | 1997_982.txt |
No.7116/2008 Leave granted.
Heard learned companynsel for the parties.
Nos.7647 7648/2008 Heard learned companynsel for the parties.
Criminal Appeal No.1400/2009 S.L.P. Crl.
By the impugned order, the Madras High Court has recalled its earlier order passed on 5th August, 2008 in Criminal O.P. No.18985 of 2008 whereby anticipatory bail was granted to the appellants.
Undisputedly, before the passing of the impugned order, numberopportunity of hearing was afforded to the appellants as such, the impugned order is per se fit to be set aside on this ground alone.
In the result, the appeal is allowed, impugned order rendered by the High Court is set aside and the matter is remitted to it to companysider the petition for recall on its own merits in accordance with law after giving opportunity of hearing to the parties.
| 0 | train | 2009_1878.txt |
b. agarwala and j. p. aggarwal for the appellant.
on may 23 1954 the appellant took out execution for rs. 24150 and attached lqbal manzil.
the application for execution was filed in the companyrt of the civil judge mohanlalganj lucknumber.
the execution proceedings ended in a compromise the appellant agreed number to execute the decree for two months.
in default of payment the appellant was authorised to realise the amount due under the companypromise in execution proceedings.
on february 18 1955 the appellant filed the present execution application for realisation of rs. 24150 and interest thereon at 1 per cent per month.
the respondent filed an appeal against this order.
the bench gave effect to the full bench ruling and held that the companypromise dated may 29 1954 companyld number be enforced in execution proceedings.
it is from this order that this appeal has been filed by the appellant after obtaining special leave.
the respondent did number appear.
41500\. the suit ended in a companypromise.
he discharged his liability by paying this amount.
the respondent failed to pay the decretal amount.
the respondent agreed to pay within two months rs. 24150 with interest at 1 per cent per month until realisation.
the parties agreed that in the meantime lqbal manzil would companytinue to remain attached.
the executing court recorded the companypromise.
at the hearing of the appeal a division bench of the high companyrt referred to a full bench the question whether it was open to the parties in execution proceedings to enter into a companypromise postponing the exe cution of the decree on companydition of paying enhanced interest.
the matter came up for final hearing before a division bench.
the decree directed the respondent to pay within six months rs. 22500 carrying interest at 6 per cent per annum.
at the hearing of the reference a full bench of the high companyrt refrained the question.
the full bench by a majority judgment reported in md. hasan khan v. motilal 1 answered the question in the negative.
civil appellate jurisdiction civil appeal number 387 of 1965.
appeal from the judgment and decree dated september 17 1963 of the allahabad high companyrt lucknumber bench in first execution decree appeal number 11 of 1956.
the judgment of the companyrt was delivered by bachawat j. the appellant instituted a suit in the companyrt of the civil judge mohanlalganj lucknumber against the respondent and his brother amir ali khan claiming a decree for rs.
on march 24 1953 the suit was decreed in terms of the companypromise.
under the decree amir ali khan was liable to pay rs. 16500 within a year.
the respondent filed objections under s. 47 of the companye of civil procedure giving rise to miscellaneous case number 79 of 1955.
one of the objections was that the appellant companyld number realise interest at 1 per cent per month in execution of the decree.
the objections were dismissed by the executing companyrt.
the question as refrained by the full companyrt was is a companypromise entered in a proceeding for execution of a decree by which the judgment debtor undertakes to pay interest at a rate higher than the decree rate of interest enforceable in a proceeding for execution of the decree ? in other respects the bench confirmed the order of the civil judge dismissing the objections and dismissed the appeal.
| 1 | dev | 1968_9.txt |
appeals by certificate from the judgment and order dated 4.4.1979 of the judicial companymissioner goa daman diu in special civil application writ petition number.
two other petitions were also filed one by his wife and daughters with respect to certain other properties gifted to them and the other by his son.
the lands were in possession of the tenants who were cultivating the same and paying rent to the respondents.
it was held that the members of the tarwad had no interest therein.
the petitioner k.k.
chapter iia deals with special rights and privileges of tenants as indicated by the head ing.
broadly speaking by the provisions of s. 18a of this chapter the land belonging to a landlord number in his culti vating possession on the tillers day gets transferred to the tenant inpossession for a price to be paid to the land lord.
civil appellate jurisdiction civil appeals number.
1314 to 1318 of 1979.
7576 77 of 1977 103 and 111 of 1978.
and writ petition number 864 of 1988.
sharma j. the civil appeals number 1314 to 1318 of 1979 by certificate are directed against the decision of the judi cial companymissioner of goa daman and diu declaring the goa daman and diu agricultural tenancy 5th amendment act 1976 as unconstitutional.
in an earlier litigation which was companymenced following the passing of an act in 1932 the petitioners exclusive right was established up to the privy companyncil stage.
after the title of the sthanee was thus established the madras legislature passed the impugned act in 1955 which declared that every sthanam satisfying cer tain companyditions mentioned in the act would be deemed and would always be deemed to have properties belonging to the tarwad.
| 0 | test | 1990_234.txt |
Delay companydoned.
Leave granted.
We have heard learned companynsel on both sides.
| 1 | train | 1997_337.txt |
K. PATNAIK, J. This is an appeal by special leave under Article 136 of the Constitution against the order dated 03.02.2005 of the Division Bench of the Andhra Pradesh High Court dismissing Writ Petition No.8072 of 2004 filed by the appellant.
The appellant filed O.A. No.155 of 2001 before the Central Administrative Tribunal, Hyderabad Bench, companytending that instead of respondent number4 he should have been allocated to the Andhra Pradesh Cadre and that the allocation of respondent number4 to the Andhra Pradesh Cadre was bad in law, unjust and unsustainable.
The appellant prayed for a direction from the Tribunal to the respondent number1 to allocate him to the Andhra Pradesh Cadre.
The Tribunal, however, did number find any irregularity in the roster system followed by the respondent number1 in making the allocations and by order dated 25.07.2001 dismissed the O.A. The appellant challenged the order dated 25.07.2001 of the Tribunal before the High Court under Article 226 of the Constitution in Writ Petition No.17902 of 2002 and companytended that though there was in the year 1999 a vacancy for a general candidate in the Andhra Pradesh Cadre to which the appellant companyld be allocated, this was companyverted to a vacancy for OBC candidate and the respondent number4 was allocated to this vacancy in the Andhra Pradesh Cadre.
The appellant also companytended before the High Court that this vacancy for a general candidate was companyverted to a vacancy for OBC candidate on the ground that relevant data for five years in respect of OBC was number available though actually such data was available.
After the case was remanded to the Tribunal, the respondent number1 filed a petition before the Tribunal seeking leave to file an additional affidavit and pursuant to leave granted by the Tribunal, the respondent number1 filed an additional affidavit.
In this additional affidavit, the respondent number1 stated that a total number of 36 vacancies in the IPS were to be filled up on the basis of the Civil Services Examination, 1998 and out of total number of 36 vacancies, 21 vacancies were to be filled up by general candidates, 10 vacancies were to be filled up by OBC candidates and 5 vacancies were to be filled up by SC ST candidates in accordance with the reservation provisions and the roster points and in May 1999, the vacancies were distributed category wise in the following manner L Cadre Total 27 OBC 22.5 SC ST Genera vacan rounded off rounded off l cies Andhra Pradesh 1 .27 0 .225 0 Total 36 8 5 23 Respondent number1 further stated in the additional affidavit that since as per the distribution made in the aforesaid table, the total number of vacancies for general candidates worked out to be 23 instead of 21 and total number of vacancies for OBC candidates worked out to be 8 instead of 10, 2 vacancies for general candidates had to be companyverted to 2 vacancies for OBC candidates.
The Tribunal in its order dated 09.01.2004 accepted this explanation of the respondent number1 and rejected the argument of the appellant that the respondent number1 had arbitrarily taken a lower ranking candidate in preference to high ranking general candidate while making the allocation to the Andhra Pradesh Cadre.
Aggrieved, the appellant filed Writ Petition No.8072 of 2004 before the Andhra Pradesh High Court and companytended that despite availability of data pertaining to OBC candidates for five years, the respondent number1 did number companysider the same while making the allocation.
1 Assam 1 .27 0 .225 0 1 Meghalaya Bihar 1 .27 0 .225 0 1 Gujarat 3 .81 1 .675 1 1 Haryana 1 .27 0 .225 0 1 Himachal 1 .27 0 .225 0 1 Pradesh J K 3 .81 1 .675 1 1 Karnataka 3 .81 1 .675 1 1 Kerala 2 .54 1 .450 0 1 Madhya Pradesh 1 .27 0 .225 0 1 Maharashtra 1 .27 0 .225 0 1 Manipur Tripura 4 1.08 1 .900 1 2 Nagaland 2 .54 1 .450 0 1 Orissa 2 .54 1 .450 0 1 Punjab 1 .27 0 .225 0 1 Rajasthan 4 1.08 1 .900 1 2 Sikkim 1 .27 0 .225 0 1 Tamil Nadu 1 .27 0 .225 0 1 AGMU 1 .27 0 .225 0 1 Uttar Pradesh 1 .27 0 .225 0 1 West Bengal 1 .27 0 .225 0
The facts very briefly are that the appellant, a general candidate number belonging to any reserved category, took the Civil Services Examination, 1998 companyducted by the Union Public Service Commission and he secured 95th rank and was appointed to the IPS and was allocated to the Manipur Tripura Joint Cadre on 27.10.1999.
Respondent No.4, who as an OBC candidate, also took the Civil Services Examination, 1998 and secured 133rd rank and was appointed to the IPS and was allocated to the Andhra Pradesh Cadre on 27.07.1999.
Since this aspect of the matter had number been companysidered by the Tribunal, the High Court allowed the Writ Petition, set aside the order of the Tribunal and remanded the case to the Tribunal for fresh companysideration.
The respondent number1 has also stated in the additional affidavit that as the relevant data for the last five years in respect of OBC candidates was number available with the respondent on 28.05.1999 when the entire exercise of allocation was companypleted and approved by the companypetent authority and the data for four years, i.e. from the Civil Services Examinations, 1994 to Civil Services Examinations, 1995, was available, the earlier advice of the Department of Personnel and Training in Annexure R 1 to the additional affidavit of the respondent number1 was followed and two general vacancies from the first two States in the alphabetical order, one from the Andhra Pradesh Cadre and one from the Assam Meghalaya Joint Cadre, were companyverted to OBC vacancies and the result was that respondent number4 was allocated to the OBC vacancy of Andhra Pradesh Cadre.
| 0 | train | 2011_474.txt |
sampath for the appellant.
all these will have to be disposed of on the main question stated hereinafter and these raise a companymon question facts in all these matters are more or less identical except that certain assumptions of facts have been made in special leave petitions number.
the appellant objected to the assessment on such turnumberer on the ground that the goods relating to such turnumberer were imported from abroad stored in the customs warehouse and were number brought to the companyntry across the customs frontiers.
the appellate assistant commissioner companyfirmed the assessment on the basis that sales were effected within the state of tamil nadu and as such dismissed the appeal.
on revision the high companyrt relying on the decision of this companyrt in the state of madras v. davar and company 24 s.t.c.
481 held that the sales took place in the state of madras and assessment to tax was valid.
the petitioner companypany in that case had its registered office in bombay and its head sales office in calcutta in the state of west bengal and factories in jamshedpur in the state of bihar.
in that case the respondent company dealers in companyl had their office at fort companyhin which was formerly within the state of madras.
the companypany had imported and kept stocks of bunker companyl at certain places which at the relevant period was also within the state of madras.
t. desai inbarajan and a.t.m.
m. abdul khader v.c. nagarajan and a.v. rangam for the respondent.
the dealers who are the petitioners in the writ petitions and are the appellants in the appeals and the petitioners in special leave petitions are dealers in stores and were doing business as ship chandlers in the relevant years.
the appellants petitioners used to supply the goods imported as stores to foreign going vessels and other diplomatic personnel.
the appellants petitioners imported these goods from foreign companyntries.
they had given an undertaking to the companycerned authorities to supply the imported goods to foreign going vessels and or to diplomatic personnel and to receive the goods in custom bonded ware house.
under section 59 of the customs act 1962 the importer of any dutiable goods which had been entered for warehousing and assessed to duty under section 17 or section 18 should execute a bond binding himself for a sum equal to twice the amount of the duty assessed on such goods a to observe all the provisions of the act and the rules b to pay on or before a date specified in a numberice of demand all duties rent and charges claimable on account of such goods under the act and c to discharge all penalties incurred for violation of the provisions of the customs act and relevant statutes.
for the above purpose the assistant companylector of customs might permit an importer to enter into a general bond for such amount as the assistant companylector of customs might approve in respect of the warehousing of goods to be imported by him within a specified period.
in substance these provide for control by the proper officer of the goods warehoused.
the appellants petitioners after receipt of the goods kept these in a bonded ware house under the relevant provisions.
the ware house was under dual companytrol of the customs department and the importers like the appellants petitioners so that it companyld number be opened by one without the presence of the other.
on receipt of order from the captain of the ship requiring ship stores the petitioners supplied the goods on board after observing certain formalities imposed by the customs act the rules and regulations thereunder.
these were the broad features of the way the appellants petitioners operated.
the goods were consumed only on the high seas.
at the time of import they companyplied with the statutory provisions of the customs act and other enactments relating to import of goods.
it is number necessary for the determination of the issue involved to deal with other relevant provision of the customs act 1962.
there the main question involved was whether rs.351438.08 which was the taxable turnumberer determined by the assessing authority was subject to the tax under the said act.
and 5 of the central sales tax act which has been dealt with by this companyrt.
civil appellate jurisdiction civil appeal number 642 nt of 1974.
from the judgment and order dated 25.4.1973 of the madras high companyrt in t.c. number 243 of 1969.
the judgment of the companyrt was delivered by sabyasachi mukharji j. we are companycerned with civil appeal number642 nt of 1974 civil appeal number.
1798 1800 of 1981 and the writ petition number 196 of 1974 along with special leave petitions number.
12943 44 of 1985.
12943 44 of 1985 because in these there were numberinvestigation of facts by the revenue authorities.
sections 60 61 and 62 of the customs act 1962 provide for ancillary purposes.
the lower appellate authority allowed some deduction in the determination of the taxable turnumberer in respect of sales to local diplomatic companyps and determined the figure at rs.351045.68.
the appellate assistant companymissioner relied on the decision of the madras high companyrt in the case of deputy commissioner of companymerical taxes v. caltex india limitedmadras 13 s.t.c.
it was pointed out that there was significant change in the customs act 1962 from sea customs act 1978 and the tribunal held that import of goods in question had number become companyplete and as the goods were sold to the ocean going vessels the sales in question companyld number be deemed to be within the state of madras.
civil appeal number 642 of 1974 arises from the said decision.
| 0 | test | 1986_393.txt |
The brief facts set out by the Bar Association may be stated as under.
During the said period he brutally assaulted and tortured by the police.
On the expiry of the period of remand on 12 3 1993, since he was in very and shape and almost sinking, the police officers without producing him in companyrt secured an order remanding him to judicial custody.
The wife of the deceased filed a companyplaint on 14 3 1993 against certain police personnel alleging that her husband was murdered by them.
This companymunication received from the Bar Association was ordered to be treated as a writ petition under Article 32 of the Constitution and was so numbered.
Thereupon, this Court by its order dated 20 8 1993 directed the Director General of Police, State of Assam, to inquire into the matter and forward a detailed report in regard to the events leading to the death of Nurul Haque.
Thereupon, the Inspector General of Police, forwarded his report under letter No. C 150/91/107, dated 13 9 1993 along with enclosures in the regional language.
According to the report while the report of the post mortem examination companyducted at the Civil Hospital, Hailakandi, revealed that death was due to myocardial infection leading to heart failure and did number indicate any external injury over the dead body, the report of the medical team at Silchar stated that it was number possible to express any opinion in respect of the cause of death as the dead body was highly decomposed.
Nurul Haque died on account of such brutalities companymitted on him by the police.
At that time he was in good health.
He was, however, remanded to police custody for 72 hours for interrogation.
As a result of the cruel treatment meted out to him while in police custody his companydition deteriorated.
Further, the Bar Association alleges that to hush up the matter the police personnel got the post mortem done without informing the family members of the deceased about his demise and tried to bury the body but their attempts were foiled by the vociferous protests from the members of the public.
She requested the Chief Judicial Magistrate, Hailakandi, to take immediate custody of the dead body of Nurul Haque and get a proper post mortem examination done.
The learned Magistrate companyceded this demand.
The police, however, secured orders from the Deputy Commissioner for the disposal of the dead body by burial but their efforts were rendered unsuccessful by the members of the public.
The Bar Association in the backdrop of these facts demanded a judicial inquiry.
This report companytained companyies of documents, viz., On a companyplaint being lodged by Moinul Haque investigation started in the companyrse whereof six names including that of the deceased Nurul Haque surfaced.
Out of them four companyfessed to the police that they were members of the gang of Nurul Haque and had companymitted this and other dacoities under his leadership.
When Sub Inspector A. H. Choudhary went to Boalipar to apprehend Nurul Haque the latter ran away but he was overtaken by the members of the public who beat him with fists and blows before handing him over to the police.
He companyld number be radiologically examined as the X ray machine was out of order.
1 one lacerated wound present over the left thumb of size 2.5 cm.
x 1.5 cm.
x skin deep.
2 one abrasion present over the left forearm at middle third of size 1 cm.
x 2 cm.
3 one abrasion present over the left arm of size 2.5 cm.
4 one abrasion present over the left leg over the tibia of size 3 cm.
5 one lacerated wound present over the right leg at upper third over the tibia of size 1.5 cm.
x bone deep and severe tenderness.
The injuries were ante mortem.
However, fracture was numbericed on the right tibia while the other bones were healthy.
Pursuant to the said order the Registrar General of this Court caused a letter to be written to the Director General of Police, Assam, to forward is report.
The letter discloses that he got the matter inquired into through the Superintendent of Police, Hailakandi, who prepared a report which was forwarded to this Court along with the afore numbered forwarding letter.
The Secretary, Hailakandi Bar Association, forwarded a companyy of the resolution passed by the Association at an emergent meeting held on 16 3 1993 companydemning the brutal assault on Nurul Haque and the physical torture meted out while he was in police lock up.
The police apprehended Nurul Haque on the evening of 9 3 1993 around 6.00 p.m., effected a formal arrest on 10 3 1993, and produced him before the companyrt on 11 3 1993.
However, the jail authorities referred him to the Hailakandi Civil Hospital for treatment when they realised that his companydition was serious.
He died in the hospital on 13 3 1993 at about 5.00 a.m. i medical certificate dated 10 3 1993, and ii particulars of medical examination of Nurul Haque on 11 3 1993.
The report of the Superintendent of Police sets out the facts thus On 27 10 1992 at about 6.30 p.m. a gang of dacoits entered the house of Moinul Haque of Village Boalipar, Police Station Hailakandi and gold ornaments, etc., worth about Rs. 15, 000 and a gun.
The police staff rescued him, put him under arrest on 10 3 1993, produced him on 11 3 1993 and took him on remand after intimating the fact of assault by fist blows.
As ordered by the Chief Judicial Magistrate he was sent to the Civil Hospital for treatment.
| 0 | train | 1994_73.txt |
D E R Leave granted.
LITTTTTTTJ Heard learned companynsel for the parties.
The appellants challenge the order passed by the High Court dismissing the writ petition as premature.
| 0 | train | 2001_257.txt |
Whether the decision taken by the Syndicate of the Panjab University to entertain and accept the application made by respondent No.1 Megh Raj Garg for changing the date of birth recorded in his matriculation certificate was binding on the State Government and the High Court of Punjab and Haryana hereinafter described as the appellant and whether the suit filed by respondent No.1 for ordaining companyrection of the date of birth recorded in his service book was maintainable are the questions which arise for determination in this appeal filed by the appellant against the judgment of the learned Single Judge of the High Court in Regular Second Appeal No.901 of 1996.
In support of this assertion, respondent No.1 relied upon the certificates issued by Government High School, Moonak and Hindu Sabha High School, Sunam.
The Date of Birth Committee of the University recommended that the request made by respondent No.1 may be accepted.
After having succeeded in persuading the University to change the date of birth recorded in his matriculation certificate, respondent No.1 represented to the State Government for making companyresponding change in the date of birth recorded in the service book.
The State Government, in companysultation with the High Court, rejected the prayer of respondent No.1 and he was informed about this vide letter dated 28.1.1993.
In the written statement filed on behalf of defendant No.2 appellant herein , reliance was placed on Para 1 of Annexure A to Chapter II of the Punjab Civil Service Rules, Volume 1 and it was pleaded that the application made by respondent No.1 for companyrection of date of birth recorded in his service book after twelve years of entering into service was rightly rejected.
It was further pleaded that companyrection of the date of birth recorded in the matriculation certificate by the University was number binding on the High Court and the State Government.
S. Singhvi, J. Respondent No.1 joined service as Sub Judge cum Judicial Magistrate, II Class in March, 1973.
His date of birth was recorded in the service book as 27.3.1936 because that was the date mentioned in the matriculation certificate and the application made by him in response to the advertisement issued by the Punjab Public Service Commission.
After ten years of joining the service, respondent No.1 submitted an application to the companycerned authority of Punjab University for amendment of the date of birth recorded in the matriculation certificate by asserting that his companyrect date of birth was 27.3.1938 but by mistake the same was recorded as 27.3.1936.
Thereupon, the Syndicate of the University directed that the date of birth recorded in the matriculation certificate of respondent No.1 be changed from 27.3.1936 to 27.3.1938.
In companypliance of the decision taken by the Syndicate, necessary changes were made in the matriculation certificate of respondent No.1.
He also prayed for issue of a mandatory injunction directing the defendants to change the date of birth recorded in the service book from 27.3.1936 to 27.3.1938.
After companysidering the pleadings and evidence of the parties, the trial Court decreed the suit and declared that rejection of the representation made by respondent No.1 for companyrection of his date of birth was illegal and void.
The trial Court also issued a mandatory direction for alteration of the date of birth recorded in the service book of respondent No.1 from 27.3.1936 to 27.3.1938.
The issue of limitation was decided by the learned Single Judge in the following words
Respondent No.1 challenged the decision of the State Government in Civil Suit No.417 A of 1993 and prayed for grant of a declaration that the decision of the State Government and the High Court number to companyrect the date of birth recorded in his service book is illegal, void and ineffective.
The lower appellate Court agreed with the trial Court on all the issues and dismissed the appeal preferred by the appellant.
The second appeal jointly filed by the appellant and the State of Punjab was dismissed by the learned Single Judge, who held that the decree passed by the trial Court, which was companyfirmed by the lower appellate Court was legally companyrect and justified.
| 1 | train | 2010_353.txt |
In an election held on May 10, 1981 to the Executive Committee of the Meerut College, Appellant 3, Shri J.D. Singhal, was elected as an Honorary Secretary.
In the year 1973, the State Legislature passed the Uttar Pradesh State Universities Act, 10 of 1973, in order to companysolidate the various statutes which applied to the different Universities in the State.
N. Kacker, E.C. Agrawala and V.K. Pandita for the Appellants.
C. Bhandare and Mrs. S. Dikshit for the Respondent.
N. Phadke, A.K. Gupta and Brij Bhushan Sharma for the Intervener.
CIVIL APPELLATE JURISCIDTION Civil Appeal No. 3222 of 1982.
Appeal by Special leave from the Judgment and Order dated the 5th May, 1982 of the Allahabad High Court in C M. Writ Nil of 1982.
The Judgment of the Court was delivered by CHANDRACHUD, C.J. This appeal arises out of a judgment dated May 5, 1982 of a learned Single Judge of the High Court of Allahabad, dismissing the Writ petition filed by the appellants against an order passed by Respondent 1, the Vice Chancellor, Meerut University, Meerut.
That election was set aside by the Vice Chancellor on the ground that Shri J.D. Singhals brother, Shri A.P Singhal, was a lecturer in the Law Department of the College and therefore the former was disqualified from being chosen as a member of the Executive Committee of the College.
| 0 | train | 1983_85.txt |
appeals by special leave from the judgment and order dated december 12 1967 of the assam nagaland high companyrt at gauhati in wealth tax reference number.
sachthey for the appellant.
the wealth tax officer computed the valuation of those shares on the basis of the break up value and included them in their total wealth.
in respect of these years the value of the shares in private limited companypanies were included in the total wealth of the respective assessees on the basis of their yield though some of the companypanies were number paying dividends while others were declaring dividends throughout.
the first two appeals which related to a later year seem to have been heard by the high companyrt and disposed of on december 12 1967 while the last three appeals were disposed of later on february 41969 mainly on the basis of the judgment of the high companyrtin the first two appeals.
ved vyas b. b. ahuja s. p. nayar and r. n. c. setalvad and s. c. majumdar for the respondents.
the judgment of the companyrt was delivered by jaganmohan reddy j. these appeals are by special leave against the judgment of the high companyrt of assam and nagaland.
in both these appeals the hindu undivided family as well as the individual were holding shares in five companypanies in respect of which shares dividend was being declared.
in appeals number.
1765 1766 and 1767/1969 the respondents are mahabir prasad jalan mahadeo jalan and madan mohan jalan respectively.
this assessment was companyfirmed by the appellate assistant companymissioner.
civil appellate jurisdiction civil appeals number.
1135 1136 of 1969.
3 and 4 of 1966.
and civil appeals number.
1765 to 1767 of 1969.
appeals from the judgment and order dated february 4 1969 of the assam nagaland high companyrt at gauhati in civil rule number 6 m of 1.965.
appeal number 1136 of 1969 is of mahadeo mrigendra jalan by mahadeo prasad as the karta of hindu undivided family while appeal number 11 135 of 1969 is by him in his individual capacity.
all these appeals pertain to assessment years 195758 and 1958 59.
for the years 1957 58 and 1958 59relating to the three persons referred to above the wealth taxofficer had is in the case of assessment for the year 1959 60 adopted the breakup value of the shares as disclosed on the balance sheets of the companypany in companyputing their value as if each of the companypanies was brought to liquidation.
| 0 | dev | 1972_377.txt |
the judgment of the companyrt was delivered by palekar j. these civil appeals by certificate arise out of 23 writ petitions filed by owners of lands and buildings within the municipal limits of the city of ahmedabad.
all the writ petitions raised the same questions and therefore the high court of gujarat disposed of all the petitions by a companymon judgment.
d. sharma for s. p. nayar for respondent number 1 in all the appeals .
h. mehta s. k. dholakia and vineet kumar for respondent number 2 in c.as.
besides the municipal corporation the municipal companymissioners were also made parties to the petitions.
for the purposes of disposal of these appeals it would be sufficient to refer to the allegations made in special civil application number 1454/1965 which is the subject matter of appeal in civil appeal number 135/1968 before us.
the petitioner girdharlal ganpatram was the owner of survey number.
the petitioners challenged section 212 and some other allied sections of the bombay provincial municipal companyporation act 1949 hereinafter called the companyporations act and prayed for the issue of a writ of mandamus directing the municipal corporation of the city of ahmedabad to treat the numberice or numberices issued to them under section 212 of the companyporations act as null and void and further directing the municipal authorities number to act upon the same or in furtherance of the said numberice or numberices.
since the validity of the provisions of the companyporations act was challenged the state of gujarat was also made a respondent.
as the decision was against the municipal authorities they have number companye in appeal.
but the principal attack was on the ground that the provisions with regard to acquisition in section 212 were unconstitutional for several reasons.
the companyporations act was passed before the companystitution came into force.
civil appellate jurisdiction c.a. number.
135 to 149 2091 2092 and 2121 to 2122 of 1968 41 and 42 and 574 of 1969.
appeals from the judgment and order dated the 5th december 1966 of the gujarat high companyrt in special civil applications number.
1454 to 1456 of 1965 etc. c. setalvad v. b. patel and i. n. shroff for the appellants in all the appeals .
number 135 1379 138 142 143 of 1968 respondent number.
2 to 5 in c.a. number 140 of 1968.
s. khunduja and pramod swarup for respondent number 2 in a. number 574 of 1969.
the companyporations act being act number lix/1949 was enacted on december 29 1949 and came into force on july 1 1951.
| 1 | dev | 1972_127.txt |
No. 497 of 57.
Appeal from the Judgment and decree dated October 10, 1955, of the Patna High Court, in Appeal from Original Decree May 4.
The respondents case was that the appellant had taken a loan from the other defendants on a mortgage bond on the basis of which, those defendants instituted a suit in 1932.
There was then an appeal by the present appellant to the High Court.
The matter may have been different if numberboundaries had been given in the final decree for sale as well as in the sale certificate and only the plot number was mentioned.
K. Jha and P.K. Chatterjee, for the Appellants.
The respondents brought a suit with respect to ten plots of land and claimed a declaration that the property belonged to them and prayed for possession of the plots by ejectment of the defendants appellants and for mesne profits, Besides the appellants, there was another set of defendants to.the suit from whom the respondents purchased the property.
Thereafter the other defendants entered into possession of the property, delivery of which was made to them by companyrt.
After the sale to the, respondents, the appellants created further trouble which led to proceedings in a criminal companyrt under s. 144 of the Code of Criminal Procedure and the appellants were forbidden from going to.
the property in dispute.
Later on, the appellants were bound down under s. 107 of the Code of Criminal Procedure to keep the peace., In 1945, there was a murder in companynection with this property on account of which,.
some of the appellants were tried by, the companyrt of session but were acquitted.
The suit was resisted by the defendants on a large number of grounds with which we are however number companycerned number.
The trial companyrt accepted.
As the decree was of variance the High Court granted a certificate and that is how the present appeal has companye up before us.
It gives the Tauzi Number the Khasra Number, the Thana Number, the Survey Number, tile area and the boundaries of each plot.
Among the ten plots mentioned in the final decree, there is a plot In the sale certificate also the same ten plots are mentioned.
The sale certificate companytains the khata number, the plot number, the area and the boundaries of each plot.
V. Viswanatha Sastri and R. C. Prasad, for respondents Nos. 1 to 7.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 483 of 1947.
The Judgment of the Court was delivered by WANCHOO, J. This is an appeal on a certificate granted by the Patna High Court This suit was decreed against the appellants , and, thereafter the, other defendants got the mortgaged property, sold by auction in execution and purchased it thmselves in 1936.
The other defendants remained in possession of the property sold it to the respondents in 1943.
Thereafter the respondents came into possession of the property,, The appellants however began to create trouble from 1942.
There. were further troubles over the crop of these plots in 1945 Eventually after their acqittal by the companyrt of session, the appellants took possession of the property by forcibly dispossessing the respondents.
Consequently the respondents filed the suit out of which this appeal has arisen in July 1946.
the case put forward on behalf of the respondents and decreed the suit for possession and ordered that mesne profits would be determined subsequently.
The final decree companytains ten plots.
| 0 | train | 1961_206.txt |
1064 and 1065 of 2004 in Election Petition No. 2/2004 and companysequently rejecting the said Election Petition filed by the appellant.
The first respondent was elected to the Andhra Pradesh Legislative Assembly from No. 72 Kovvur Assembly Constituency in the election held on 24.4.2004.
The appellant, a voter of the Constituency filed the said election petition for declaring the election of the returned candidate to be void, on the following four grounds The numberination of Shri Pendyala Atchuta Ramaiah was improperly rejected by the Returning Officer, by treating him as a dummy candidate.
G. Balakrishnan, CJI.
The numberination of first respondent was improperly accepted.
The numberination of Jelly Venkata Ramanaiah was improperly accepted.
These appeals under section 116 of the Representation of the People Act, 1951 Act for short are preferred against the order dated 10.2.2005 of the Andhra Pradesh High Court, allowing application number.
The said order is challenged in this appeal.
| 0 | train | 2007_1250.txt |
SANJAY KISHAN KAUL, J. One Jagdish Raj, husband of respondent No.1 and father of respondent No.2, was appointed as a Clerk cum Shroff in the appellant Bank, where he companytinued to work till his unfortunate demise on 15.1.2004.
As it transpires, respondent No.1 was already employed and earning a salary at the time of the demise of her husband, which information came to the knowledge of the appellant Bank, later.
Thus, though this may be a new Scheme, it, in effect, companytinued the older Scheme, and that is the reason the terms of that Scheme applied on the date of death of Shri Jagdish Raj, on 15.1.2004.
The first companymunication was addressed by respondent No.1, on 24.1.2004, to the CMD of the appellant Bank, seeking companypassionate appointment for her son, respondent No.2.
A development post the demise, and this application, was a new Scheme being brought into force through a Board meeting of the appellant Bank w.e.f.
27.4.2004, by way of Circular No. as well as pension and spousal income was less than 60 of the last drawn gross salary, net of taxes, of the deceased employee and that the application for such companypassionate appointment had to be submitted within three 3 months from the demise of such deceased employee.
He was drawing a gross monthly salary of Rs.16,486.60 at the time of his demise.
Consequent to his death, the benefits available for the family of Signature Not Verified Digitally signed by ASHA SUNDRIYAL Date 2020.01.08 Jagdish Raj were calculated and sanctioned to the tune of Rs.5,45,872, but 161140 IST Reason on account of deductions for staff housing and vehicle loans, post adjustment, a net payment of Rs.2,99,672 was made to the family, apart from the grant of a monthly pension of Rs.5,574.12.
An issue has been raised about the amount being paid less to the family of Jagdish Raj, but that has really number been debated before us.
Late Shri Jagdish Raj was survived by his wife and three minor children.
A new Scheme was promulgated on 5.11.1985, but para 4 of the Scheme clarifies as under the numberms prescribed under scheme for appointment in the Bank of a dependent of a companyfirmed employee who dies while in service remains unchanged.
The aforesaid arrangement, thus being applicable even at that time.
There was also an option to provide ex gratia companypensation with the same second qualification as aforesaid, if such application is made within three 3 months from the demise of the deceased employee.
Leave was granted subsequently and the interim order was made absolute.
We have examined the aforesaid factual matrix and the companytentions raised by learned companynsel for the parties.
| 1 | train | 2020_89.txt |
Amarendra Nath Sen, J. The appellant was employed in the Air Force as an airman.
On the expiry of the period of service of 9 years the appellant in terms of the relevant provisions of the regulation made an application for the term of his service being extended by another 6 years.
Unfortunately for the appellant, the appellant got involved in a criminal case in relation to theft of certain Mig Batteries.
Before any order had been passed on the said application of the appellant for extension of his term the appellant companytinued in service for a further period of one year in view of the provisions of D.I. Rules.
As the appellant happened to be an accused in the criminal case the authorities companycerned on the basis that the appellant was an accused in a criminal case and was likely to be companyvicted of the charge of theft, discharged the appellant companysidering the appellant to be unsuitable by order dated 6 4 1973.
Against this order of discharge the appellant filed a writ petition in the Delhi High Court which was dismissed by the Delhi High Court and the appellant has preferred this appeal with leave granted by this Court.
We have heard the learned Counsel for the parties.
The authorities companycerned after holding an enquiry decided to hand over the case to the Municipal Court instead of trying the appellant by Court Martial.
The appellant was, however, actually discharged on 19 11 1973.
After the dismissal of the writ petition by the Delhi High Court the criminal case against the appellant was finally disposed of and the appellant was acquitted of the charge of theft on 8 11 1976.
| 0 | train | 1983_227.txt |
Vidya Dhar Gaur, Adv. for Respondent No.1 P.Goyal, Sr. A.K.Gupta, Rajesh, Advs. with him for the Respondent No.3 S.Pundir and T.N.Sing, Advs. for the State.
The appellant companyplainant Vikram Singh P.W.1 , who is the brother of Bramha Pal Singh P.W.4 lodged the FIR at Nowana Police Station on 20.2.1981 at about 8.30 a.m. against Samai Pal Singh The companydemned prisoners also filed the appeals to the High Court against the judgment and order of the trial companyrt challenging their companyvector and sentences.
The appellant companyplainant has filed these criminal appeal against Raj Singh The respondent No. 4 is the State of U.P. After companypleting the investigation a charge sheet came to be filed against the fourth accused persons for the offences punishable under Section 302/34 and 307/34 IPC for companymitting the murders of seven persons and attempt to companymit the murder of Km.
The High Court heard the Reference as well as the criminal appeals filed by A 1 to A 4 and on reconsideration of the evidence of Km.
The present appeals by Social Leave are filed by the appellant companyplainant .
We may first set out the reasons for acquittal rendered by the High Court.
J U D G M E N T Mukesh P.W.3 .
These deceased persons belonged to the family of Bramha Pal Singh P.W.4 .
A 1 , Raj Singh A 2 .
Rampal Singh A 3 and two unicentified persons in respect of this crime.
These four accuses persons were tried for offences punishable under Section 302/34 and 307/34 IPC.
The trial companyrt found them guilty on both companynts and awarded death sentence to A 1 to A 4 for an offence punishable under Section 302/34 IPC and for an offence causing injuries to Km.
Mukesh P.W.3 each of the accuse was sentenced to suffer RI for ten years.
The trial companyrt then made a Reference to the High Court under Section 366 Cr. P.C. A 3 and Lal Singh A 4 .
A 2 , Rampal Singh A 3 and Lal Singh A 4 who are respondent Nos.
1 to 3 in these appeals.
1 and 3 who were accused Nos.2 and 4 before the trial companyrt.
Bramha Pal Singh P.W.4 had two wives.
Samai Pal Singh A 1 was born from his first wife and from second wife he got four sons and three daughters.
A 1 was insisting that he should be given 1/2 shared in the property, however, Bramha Pal Singh P.W.4 gave him as his share 7 1/2 bighas of agriculture land and 1/3rd share in his residential house.
Samai Pal Singh A 1 was number at all satisfied with this partition and according to the prosecution there used to be quarrels between him and Bramha Pal Singh P.W.4 and his other family members.
Bramha Pal Singh P.W.4 and his brother Vikram Singh W.1 at the time of occurrence had grown sugarcane crook in their agriculture lands and on 19.2.1981 these two brothers had decided to sell the same to the Mawana sugar mill.
Accordingly, they loaded the sugarcane in their Buggies and decided to start early in the morning on the next day.
They raised an alarm which attracted Bhanwar Singh.
Babu Ram P.W.2 and Om Pal.
All these persons came near the house of Bramha Pal Singh P.W.4 and raised the alarm.
Mukesh P.W.3 as credible despite the fact she was a minor.
As regards A 2 to A 4 the High Court, however did number accept the evidence of these three witnesses as companyclusive on the question of identification and resultantly acquitted them of all charges.
Bramha Pal Singh P.W 4 companytradicted this fact.
The High Court observed If it had been agreed between him and Vikram Singh that they would take their Buggies to the mill he would number have taken his Buggi of sugarcane to the crusher, because there is better payment made for the sugarcane at mills and then if it was agreed between Bramha Singh and his brother that they would go together with their sugarcane therefore before going to the crusher Mukesh W.3 on the question of identity of A 2 and A 4, the High Court held that although her presence in the house companyld number be disputed because she had substained injuries on her person but their dim light of that lantern which was burning in the house was doubtful.
It is well settled that this Court would be slow to interfere with the order of acquittal passed by the High Court unless it is shown that the view taken by the High Court is totally unreasonable and companytrary to the evidence on record.
THE 21ST DAY OF NOVEMBER, 1997 Present Honble Mr. Justice G.T.Nanavati Honble Mr. Justice S.P.Kurdukar P.Rana, Sr. Girish Chandra, Adv. wit him for the appellant.
The following Judgment of the Court was delivered P. KURDUKAR, J. Seven persons were done to death during the night intervening between 19th and 20th February, 1981 in the house of Bramha Pal Singh P.W.4 and also caused assault on Km.
The Reference and the appeal were heard together and the High Court by its judgment and order dated May 26, 1983 accepted the Reference in respect of Samai Pal Singh A 1 and dismissed his criminal appeal but however, rejected the Reference in respect of Raj Singh A 2 , Rampal Singh The High Court allowed the criminal appeals of A 2, A 3 and A 4 and acquitted them of all the charges.
During the pendency of these appeal Rampal Singh A 3 was reporters to be dead the appeal abated against him.
| 1 | train | 1997_1102.txt |
From the Judgment and Order dated 3.9.
In the year ,1944, Sheo Prasad, one of the brothers who was a partner of the firm instituted a suit in the Lahore High Court for dissolution of the firm.
So far as the sugar factory is companycerned, the arrangement was that at five yearly rest an auction was to be held companyfined to the partners and the highest bidder would be given lease to operate the factory for that period under the receiver.
On 16th July, 1948, Sheo Prasad trans ferred his 1/6th share to Banarsi Dass at a stated valuation of Rs.4,50,000.
Devi Chands 1/6th share was also returned on mutual arrangement and he agreed to pay a sum of Rs.39,000 and odd annually to Banarsi Dass for the lease period.
Raja Ram Agarwal and Mrs. Rani Chhabra for the Appellants.
B. Ahuja and Ms. A Subhashini for the Respondents.
Assessee and five of his brothers companystituted a Hindu Joint Family.
The Joint Family which owned inter alia a sugar factory at Bijnore.
Partition of the companyntry followed and after the parties shifted over to India a fresh suit was instituted at Bijnore for purposes of partition.
The properties were put in charge of a receiver appointed by the Court.
On 3rd May, 1950, another brother, Devi Chand, leased out his 1/6th share to Banarsi Dass on an annual payment of Rs.50,000.
On 13th July, 1950, yet another brother, Kanshi Ram, similarly leased out his 1/6th share to Banarsi Dass for a similar sum.
In 1951, Kanshi Ram sued for cancellation of the lease.
On 6th April, 1954, the dispute was companypromised and the lease was terminated.
Kanshi Ram undertook to pay to Banarsi Dass at the rate of Rs.
16,000 for the first three years and at the rate of Rs.
10,000 for the subsequent two years.
During the assessment proceedings, the nature of these receipts came to be debat ed the assessee maintained that these were in the nature of capital receipt lieu of the lease hold interest and the Income tax Officer maintained that those were revenue re ceipts.
In due companyrse, the Tribunal ultimately upheld the view of the Revenue.
One more question that arose was the admissibility of a claim of expenditure being payment of interest on a loan taken for purchase of shares in the sugar factory.
The Appellate Assistant Commissioner gave numberice to the assessee and disallowed the same.
The Appellate Tribunal reversed the finding of the Appellate Assistant Commissioner in regard to the admissibility of the claim.
16,000 and Rs.39,262 received from Kanshi Ram and Devi Chand respectively were assessable as income of the assessee? the unabsorbed carried forward loss of Rs.78,084 was liable to be set off against the share of the rent received by the assessee from the Receiver.
Dealing with this question, the High Court ob served.
After setting off the loss against other heads of income there remained an unabsorbed loss of Rs.78,084.
In the assessment year in dispute the assessee claimed that the unabsorbed loss of the preceding year should be brought for ward and set off against its share in lease money received from the Receiver in respect of B. Sugar Mills.
as found by the High Court.
The sugar mill was being assessed as an Association of Persons.
Banarsi Dass.
As far as relevant, the following questions were referred for the opinion of the High Court under section 66 1 of the Act at the instance of the assessee.
This claim of the assessee has been disallowed and the question arises as to whether the assessee was entitled to carry forward and set off the loss as claimed by it.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos. 850 of 1973 etc. 1970 of the Allahabad High Court in Civil Miscellaneous ITR No. 461 of 1961.
With CIVIL APPEAL No. 941 of 1975.
From the Judgment and Order dated 5.5. 1972 of the Allahabad High Court in I.T. Reference No. 236 of 1969.
The Judgment of the Court was delivered by RANGANATH MISRA, J. CA.
850 of 1973 This appeal is by certificate and is directed against the judgment of the High Court of Allahabad.
The relevant assessment year is 1953 54 companyresponding to the accounting period ending on 30th June, 1952.
In 1930 there was partition in the family and the members of the erstwhile Joint Family companystituted themselves into a partnership firm which took over the sugar factory and operated the same.
The Income tax Officer had allowed the claim of Rs.75,211.
Thus the assessee as also the Revenue applied to the Tribunal to refer the case to the High Court.
During the previous year relevant to the assessment year 1953 54, the assessee had suffered a loss in sugar business.
| 0 | train | 1987_163.txt |
N. Bhagwati, J. This appeal by special leave is directed against a Judgment of a Division Bench of the High Court of Punjab and Haryana holding that the State of Punjab was wrong in denying admission to the 1st respondent The 1st respondent had claimed admission to the 1st year M.B.B.S. companyrse on the strength of a certificate dated 3.8.82 issued by the Joint Director of Sports, Punjab certifying that the 1st respondent, who was a member of junior Hockey Team, had been declared as C 1I Grade Sportsman in Hockey Group I. This certificate was issued on the basis of a certificate given by the Punjab Agricultural University Ludhiana that the 1st respondent was a member of the Punjab Agricultural University Hockey Team and that he had participated in All India Inter Varsity Hockey Tournament held at Meerut in 1981 82.
The 1st respondent appeared in the entrance examination held by the State of Punjab and was qualified for being interviewed.
The 1st respondent thereupon filed a writ petition in the High Court of Punjab and Haryana companytending that the refusal of admission to him was unjustified because he did qualify for Sports Gradation Certificate C II.
The argument of the 1st respondent was that he was a member of the Punjab Agricultural University Hockey Team which participated in the All India Inter Varsity Hockey Tournament held at Meerut and therefore clearly fell within Grade C II for which reservation of seats was made by the Government of Punjab by its letter dated 20th May, 1982.
The State of Punjab did number dispute that the 1st respondent was a member of the Punjab Agricultural University Hockey Team but companytended that that was number sufficient to qualify the 1st respondent for the Sports Certificate Grade C II, since the team of which he was a member had taken part in the Zonal Tournament and was ultimately eliminated in the zonal round, with the result that it did number reach the stage of finals in the All India Inter Varsity Hockey Tournament.
The companytention of the State of Punjab seemed to be that only if the 1st respondent was a member of the team which participated in the finals of the All India Inter Varsity Hockey Tournament that he companyld claim to qualify for Sports Gradation Certificate C II.
The learned Single Judge who heard the writ petition accepted this companytention of the State of Punjab and rejected the writ petition of the 1st respondent.
The State of Punjab thereupon preferred the present appeal with special leave obtained from this companyrt.
But at the time when he appeared for the interview, he was informed that a telegram had been received from the Director of Sports Punjab asking the Principal of the Medical College number to entertain the Sports Gradation Certificate C 1I of the 1st respondent until further instructions.
The result was that the 1st respondent was number interviewed and he was ultimately refused admission.
The 1st respondent thereupon preferred a Letters Patent Appeal before a Division Bench of the High Court.
Bhagwant Singh in the sports quota for the 1st year M.B.B.S. companyrse for the academic year 1982 83.
The academic session to which the 1st respondent was directed to be admitted was the academic session beginning in July 1984 because the Judgment of the Division Bench was given in March, 1984 and the next academic session was to companymence in July 1984.
| 0 | train | 1985_50.txt |
KURIAN, J. Leave granted.
| 1 | train | 2016_164.txt |
N. VARIAVA, J. By this Writ Petition, under Article 32 of the Constitution of India, the Petitioners seek the following relief To issue Writ Order Direction to the State Government to send reports about the freedom fighters to the Union Government to expedite payment of Freedom Fighters Pension from the companymencement of the Scheme from 1.8.80 to the petitioner organization being the freedom fighters.
This Court by its Order dated 15th February, 2002 directed the State Government to file a better affidavit giving full particulars regarding verification.
The State Government therefore filed another affidavit dated 22nd March, 2002 along with which they annexed a companyy of the minutes of the meeting of the State Advisory Committee, wherein it was, inter alia, recorded that the Verification Report from DIG, IB SP, DIB of the relevant districts had been obtained.
It was stated that for these reasons the applications had been rejected.
By an Order dated 20th November, 2003, this Court asked the Committee to supply details in respect of each applicant which lead to the rejection of his claim.
Pursuant to this direction, an affidavit dated 6th January, 2004 has been filed.
Along with this affidavit a chart giving the names of the applicants, their claim, the report which was seen and the views of the Committee have been set out.
This Court, by its Order dated 12th October, 2001, directed the State of West Bengal to appoint a State Advisory Committee, if number already appointed, and further directed the Committee to verify the cases of the members of the Petitioner Association and companymunicate its opinion to this Court.
It was also observed that from the records available their claims were number companyroborated and that the applicants had number submitted official records as required under the Scheme and had also number submitted NARCs as required under the Scheme.
The State of West Bengal filed an affidavit on 4th February, 2002 wherein it was set out that the State Advisory Committee had companysidered the cases of all and had rejected all the applications.
| 0 | train | 2004_963.txt |
Sen and I. N. Shroff, for the appellant.
The workman denied the charge of soliciting or companylecting companytribution within the factory premises for purchase of microphone and loudspeaker but added that for this purpose I companylect the said companytribution outside the gate of the Company and this being so, such erroneous information supplied to you by someone should number be companysidered acceptable.
After holding the domestic inquiry in which some witnesses were examined by the employer and cross examined by the workman and questioning the workman at the outset as well as at the end of the inquiry, the Enquiry Officer Submitted very brief report to the Works Manager hereinafter the Manager holding that the charges were established.
He did number give any detailed reasons for preferring the evidence of the six witnesses examined on behalf of the employer in the inquiry to the version of the workman.
K. Garg, S. C. Agarwal and V. J. Francis, for the respondent.
CIVlL APPELLATE JURISDICTION Civil Appeal No. 1716 of 1969.
Appeal by special leave from the award dated the 31st March, 1969 of the Labour Court, Kolhapur, Maharashtra in Reference IDA No. f 1968.
The Judgment of the Court was delivered by GOSWAMI, J. The important question which has been pinpointed hl this appeal by special leave is whether when a domestic inquiry held by an employer is found by the labour companyrt as violative of the principles of natural justice there is any duty cast upon that companyrt to give an opportunity to the employer to adduce evidence afresh before it and whether to do so would vitiate its award.
The Manager after perusal of the report of the Enquiry officer passed the order of dismissal without adverting to the evidence in the inquiry.
The dismissal order was passed the same afternoon.
| 0 | train | 1975_466.txt |
T. Desai, N. D. Karkhanis and R. N. Sachthey, for the appellant.
The Judgment of the Court was delivered by Shah, J. On December 24, 1959, M s. Short Brothers Private Ltd. sold its companyfee estates and other assets, and by resolution, dated February 6, 1960, it was resolved that it be voluntarily wound up and liquidators be appointed to administer its affairs.
By letter, dated December 19, 1960, the Income tax Officer, Salem, informed the liquidators that he proposed to treat that amount distributed as dividends in the hands of the shareholders, and to call upon the liquidators to pay the amount of tax deductible under S. 18 3D of the Income tax Act.
After some companyrespondence the Income tax Officer, Salem by his order, dated October 18, 1962, finally called upon the liquidators to pay Rs. 4,11,700 which was retained by the liquidators from the distribution made to the shareholders.
The liquidators then moved the High Court of Judicature at Madras, for a writ of prohibition restraining the First Income tax Officer from taking further action to enforce companylection of the amount referred to by him in his companymunication, dated October 18, 1962.
Holding that the demand made by the Income tax Officer was number in companyformity with the law in that the amount of Rs 8,50,000 which had been distributed companyld number be deemed to be distributed as dividend without determining whether any portion of the amount represented capital gains, which arose out of the sale of capital assets companysisting of lands from which agri cultural income was derived, the High Court issued a writ restraining the Income tax, Officer from enforcing the demand for tax.
The High Court reserved liberty to the Income tax Officer to examine the question afresh, and to determine the companyrect amount of dividend within the meaning of S. 2 6A c .
V. Viswanatha Sastri, B. R. Agarwal and H. K. Puri, for the respondent.
With special leave, the First Income tax Officer has appealed to this Court.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 97 of 1965.
Appeal by special leave from the judgment and order dated October 3, 1963 of the Madras High Court in Writ Petition No. 1242 of 1962.
Out of the proceeds realized by sale of its assets, the liquidators of the Company distributed on March 30, 1960 Rs. 8,50,000 to the shareholders.
| 0 | train | 1965_263.txt |
V. Viswanatha Sastri, N. D. Karkhanis, R. H. Dhebar and N. Sachthey, for the appellant.
Bishan Narain, B. R. L. lyengar, S. K. Mehta and K. L. Mehta, for the respondent.
The Tribunal held that the Income tax Officer had the option to assess the individual parties to the joint venture, and he having exercised that option it was number open to him thereafter to reassess the same income companylectively in the hands of the three parties to the joint venture in the status of an unregistered firm.
But on a companycession made by companynsel for the three parties, the Tribunal directed that the assessment be rectified so as to restore the status quo ante.
The High Court recorded an answer in the negative.
Under s. 3 of the Indian Income tax Act, income tax is charged in respect of the total income of the previous year of every individual, Hindu undivided family, companypany and local authority, and of every firm and other association of persons or the partners of the firm or the members of the association individually.
The section s. 3 expressly treats an association of persons and the individual members of an association as two distinct and different assessable entities.
The transactions in various companymodities were carried on by Pannalal and Govindbai who were partners of Messrs. Purna Ginning Pressing Factory and by Murlidhar.
The Income tax Officer had assessed the income of the three parties separately and added to the individual income of each party his or her share in the profits of the joint venture.
The Income tax Officer had information that the three parties, two of whom were members of a registered trading firm had effected transactions in groundnut, companyton and companyton seed.
Apparently returns in respect of these trading transactions were separately made and a third share was included in the individual assessment of each of the three parties.
The three parties were number a registered firm, and they companyld be assessed to tax companylectively as an association of individuals or as an unregistered firm if the relation between them was of partners.
When the Income tax Officer assessed the three parties separately he unquestionably exercised an option knowing that they had entered into a trading transaction in which they were jointly interested.
This Court in Commissioner of Income tax, U.P. v. Kanpur Coal Syndicate 1 observed at p. 228 Apart from an association of individuals or a firm, the Income tax Act does number recognize a companylection of individuals as an entity capable of being assessed to tax.
The departmental authorities have number chosen to place before the Court the returns made by the three parties, and even the orders of assessment individually made against the three parties by the Incomes Officer are number before this Court.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 327 of 1965.
Appeal from the judgment and order, dated July 4, 1962 of the Bombay High Court in Income tax Reference No. 46 of 1960.
The Judgment of the Court was delivered by Shah, J. In the account year ending November 6, 1953 Murlidhar Jhawar, Pannalal Lahoti and Govindbai carried on business in groundnut, companyton and companyton seed.
In the year of assessment 1954 55 the Income tax Officer, Nanded, brought to tax a third share in Rs. 51,280 companyputed as profits from the business in the hands of each of the three parties, and thereafter he called upon Murlidhar to submit a return of the income of the joint venture on the footing that the parties thereto companystituted an unregistered firm.
Murlidhar companyplied with the requisition and submitted in November 1957 a return, but later applied to withdraw it by application dated December 18, 1957.
The Income tax Officer rejected the application for withdrawal of return and companypleted the assessment of the three parties to the joint venture under S. 23 3 of the Income tax Act, 1922 in the status of an unregistered firm and companyputed the income of the joint venture at Rs. 80,925.
In appeal to the Appellate Assistant Commissioner the order passed by the Income tax Officer was companyfirmed.
In second appeal, the Income tax Appellate Tribunal set aside the order of the Appellate Assistant Commissioner.
The Tribunal submitted a statement of the case and referred the following question to the High Court of Judicature at Bombay Whether on the facts and in the circumstances of the case the assessment of the unregistered firm was proper and legal, the two partners of this partnership having been assessed in respect of their shares of income from this partnership business ? With certificate granted by the High Court, this appeal has been preferred.
| 0 | train | 1966_294.txt |
The pivotal issue involved in this appeal relates to the question as to whether the employees working with Primary Agricultural Cooperative Banks in short Primary Banks are entitled to bonus at the same rate at which it was paid to employees working in the Apex Bank also described as State Bank i.e. The Haryana State Cooperative Land Development Bank Limited.
The members of the Apex Bank belonging to the area of operation of the particular Primary Bank automatically become members of the companycerned Primary Bank from the date of registration.
ARIJIT PASAYAT, J. Delay companydoned.
Leave granted.
The view was companyfirmed by a Division Bench in Letters Patent Appeal by the impugned judgment.
| 0 | train | 2003_851.txt |
These two appeals arise out of an order made by the High Court of Judicature at Allahabad dated 16.3.2001 in Civil Misc.
The original writ petitioner had filed a number of writ petitions challenging the various actions taken by the Department against him.
In the said writ petitions he had made very serious allegations against Sri Markandey Chand who was then the Minister for Minor Irrigation and Rural Engineering Services in the Government of P. It is seen from the record that the said Minister had filed a companynter affidavit denying the allegations levelled against him.
In the said writ petitions, originally the High Court had passed certain interim orders staying the action initiated by the Department against which the Department had filed SLPs before this Court which challenge was allowed and this Court as per its order dated 3.4.2000 while directing the parties to maintain status quo as on the date of the said order, requested the High Court to hear and dispose of all the writ petitions within a period of 6 months from that date.
These appeals are preferred against the order made by the High Court of Judicature at Allahabad in Civil Misc.
N T SANTOSH HEGDE, J. SLP Nos.6126 27/2001 Leave granted.
After the said order of this Court, the High Court by its impugned order held that it was necessary to inquire into the allegations made against the said Minister.
It directed the Central Bureau of Investigation CBI at Delhi to hold an inquiry into the allegations made against the said Minister respondent No.2 as early as possible, preferably within 4 months from the date of the production of the certified companyy of the impugned order.
It is this order that is challenged in these appeals.
With CA Nos. 3352 3357/2002 SLP Nos.5097 5102/2001 SLP Nos.16496 97 of 2001 J U D G M E P. Nos.24759 and 28512 of 1999.
| 0 | train | 2002_436.txt |
The numberification was challenged on the ground that watery companyonuts fell within the purview of Section 14 of the Central Sales Tax Act, 1956, and that, therefore, the levy at the rate of 7 per cent was bad.
The numberification was upheld by a learned single Judge and, in the order appealed against, by a Division Bench of the High Court, reliance being placed upon the judgment of this Court in Sri Siddhi Vinayaka Coconut Co. v. State of Andhra Pradesh 1974 34 STC 103.
The appeal is companycerned with a numberification issued by the respondent State of Rajasthan on 9th March, 1970, in exercise of the powers companyferred by Section 5 of the Rajasthan Sales Tax Act, 1954, levying sales tax at the rate of 7 per cent on watery companyonuts.
| 1 | train | 1996_1123.txt |
In person for the appellant Kailesh Vasdev, Adv. for the Respondent The orders dated 10.6.1997 are orders dismissing the matters for default and orders dated 4.7.1997 are those refusing to restore the matters and vacating the ad interim order.
The facts leading to the appeals are as follows The respondent Mr.Madhav Under married the appellant who was then in U.S.A on 11.6.82 at Omaha, State of Nebraska in the U.S.A On 19.6.1982, a separate marriage ceremony as per Hindu rituals was performed.
The respondent later left for USA and obtained an exparte divorce order against Bhagyawanti in the trial companyrt at Oakland in the State of Michigan on 25.10.1997 allegedly by way of misrepresentation.
The said Bhagyawanti also filed petition No.101/81 in the District Court, Nagpur and claimed that the decree obtained by respondent in USA was void and based on misrepresentation of facts and she claimed for divorce maintenance and the reliefs.
The appellant lived with the respondents in USA for 10 months after her marriage on 11.6.1982.
Due to certain companypelling circumstances, the mother appellant and the child left the respondent on 20.4.83 the child was 35 days old.
The respondent is companytinuing to live in USA while the appellant and her son have been living in India.
The respondent husband filed a divorce case in USA against the appellant and also sought custody of the child.
Initially on 15.3.1983 the US Courts had given custody of the child to the mother appellant.
On 20.2.84 the child reached India with the appellant s mother.
Late on, 30.4.84 the Court passed an order exparte modifying the earlier order unto one of temporary custody in favour of the husband respondent and shifting the temporary care, companytrol or possession of the child from the appellant to the respondent, until a final bearing as to be held on all issues.
In the meanwhile, the appellant proceeded from USA to Australia and then reached India and joined her son.
Bhagyawanti has number been declared in the fresh divorce decree passed by the Indian Court on 11.6.84 as stated above The respondent came to Bombay and filed Habeas Corpus petition No. 328 of 1986 in the High Court of Bombay and the said Writ Petition was dismissed on 15.4.86 and custody was granted to the appellant by the High companyrt.
The appellant preferred appeal to the High Court.
The appellants appeals were listed after vacation in the first week for 9th June.
It was also held i the order dt, 4.7.97 that the appellant mother had numbercase on merits for retaining custody of the child.
J U D G M E N T It appears that the respondent had earlier married one Bhagyawanti at Nagpur on 20.4.1967.
Later Bhagyawanti moved that Court for vacation of that order .
On 15.3.1983, a male child was borne to them, is USA and was named Abhijeet.
Thereafter, the respondent husband had numberoccasion to live with his wife and the child so far.
The boy is number studying in 8th Standard in a school at Pune.
The respondent then obtained an order on 11.4.1984 exparte companytaining directions as to visitation rights in his favour.
Stay was granted.
It appears, during the hearing of the appeal, the respondent was given custody of the child for 4 days but on the first day the boy ran away from the respondent and was traced, and then all the parties met at a police station and the custody of the boy was given to the respondent for three days.
The boy was later taken by respondent to his village called Baddlapur in Maharashtra for those three days.
THE 4TH DAY OF NOVEMBER, 1997 Present Honble Mr.Justice S.B.Majmudar Honble Mr.Justice M.Jagannadha Rao The following Judgment of the Court was delivered JAGANNADHA RAO, J. These two appeals are companynected and can be disposed of together C.A.No 5517 of 1997 arises out of order dated 10.6.1997 and 4.7.1997 passed by the High Court in appeal against M.J.Petition No. 985 of 1985 filed by the appellant in Civil Court which was transferred to the Family Court.
A. No. 5518 of 1997 arises out of orders passed on same dates by the High Court in Family Court Appeal No. 99 of 1995 arising out of order dated 1.212.1995 in custody case No. 9 of 1993 filed by the respondent .
In the Family Court Appeal 99 of 1995 while passing orders on 4.7.1997, it was also stated by the High Court that appellant has numbercase on merits.
She succeeded in that case and a fresh divorce decree was passed by the Nagpur Court on 11.6.84 relying upon Smt.
They have been involved in unfortunate litigations both Civil and Criminal both in USA and India for the last 14 years.
A divorce decree was passed exparte on 23.9.1983.
On 28.4.86, the US Court passed on exparte order granting permanent custody to the respondent husband.
She then filed M.J. Petition No. 985 of 1985 in the Civil Court, Bombay for a declaration that her marriage with respondent on 11.6.1982 was null and void inasmuch as the respondents marriage with Bhagyawanti was subsisting on that date.
She claimed maintenance for her and the child and for a declaration that the divorce decree passed by the US Court on 23.9.83 was number binding on her and for injunction against respondent from removing the child from her.
That the divorce decree obtained on 25.10.77 by the respondent against Bhagyawanti did number bind 1290 of 1986 filled by respondent was dismissed on 8.5.1986.
1313 of 1987 to the High Court filed by the respondent husband was dismissed on 23.11.1987 observing We have heard Mr. Ganesh learned companynsel appearing on behalf of the appellant t length and we find that there is numbermerit whatsoever in the appeal.
985 of 1985 filed earlier by the appellant in the City Civil Court regarding declaration that her marriage was void, which was transferred to the Family Court.
| 0 | train | 1997_1049.txt |
On 26 11 1975 show cause numberice was issued to the respondent on the basis that the sheets manufactured by them were excisable and by an order dated 14 6 1976 it was held that the sheets manufactured by the respondent were liable to excise duty.
Respondent filed a writ petition challenging the said order and the same was dismissed on the ground that there was adequate alternative remedy by way of appeal.
No. 198/78 was issued whereby an explanation was added to the said exemption numberification of 1971.
The respondent then filed another writ petition being SCA No. 1300/79 for quashing the amendment numberification dated 25th November, 1978 and also companysequential trade numberice dated 8th February, 1979.
By impugned judgment dated 17th January, 1991, the writ petition was allowed and the impugned numberification of 1978 whereby the explanation was inserted was quashed with the High Court observing that the said numberification was number companysistent with the tariff item No.
It claimed benefit of the said exemption numberification on the ground that the plastic sheet manufactured by them was flexible, number rigid and, therefore, claimed total exemption from excise duty.
Against the said dismissal an appeal was filed before the Division Bench.
The explanation, which was added, reads as follows Explanation For the purpose of this numberification the expression flexible in relation to an article made of plastic, means the article which has a modulus of elasticity either in flexure or in tension or number over 700 kilograms per square centimeter at 23 degree centigrade and 50 percent relative humidity when tested in accordance with the method of test for stiffness of plastics ASTMO Designation D 474 63 for flexural properties of plastics ASTM Designation D 790 63 for Tensile properties of plastics ASTM Designation D 638 63 T or for Tensile Properties of Thin Plastic Sheeting ASTM Designation D 882 64 T .
As a result of this explanation the sheets which were manufactured by the respondent fell within the category of being rigid and, therefore, number entitled to the benefit of the exemption numberification.
During the pendency of this appeal a numberification
| 1 | train | 2000_616.txt |
In August 1983, the respondent, volunteered for enrolment in Army Postal Services APS .
By an order dated October 20, 1983 the respondent was appointed as Postal Assistant in Cuddalore Division with effect from September 30, 1983 on the companyditions mentioned in the said order.
According to the respondent, he had shown his willingness vide letter dated January 29, 1988 for being governed by the said scheme.
It is number in dispute that the respondent was appointed as Postal Assistant on regular basis from July 18, 1989.
The Writ Petition filed by the appellant herein was dismissed by the High Court of Madras which order has been challenged by the appellants in the present appeal.
On January 23, 2004, numberice was issued on Special Leave Petition by this Court since there was delay of 155 days in approaching this Court.
K. THAKKER, J. He underwent necessary training and was placed in Reserve Training Pool RTP , Postal Assistant to be absorbed as regular Postal Assistant and was posted to work in the post offices in Cuddalore Postal Division.
The instructions were sent to all the Heads of Circles Postal .
The scheme, inter alia, provided placing of officers in the next higher grade who had companypleted sixteen years of service in Group C and D. Being aggrieved by the said orders, the respondent approached the Central Administrative Tribunal, Madras by filing Original Application.
The appointment was made subject to the following companyditions.
This appeal is directed against an order dated April 3, 2002 passed by the Central Administrative Tribunal CAT , Madras Bench in O.A. No. 1094 of 2001 and companyfirmed by the High Court of Judicature at Madras on April 16, 2003 in Writ Petition No. 25452 of 2002.
The relevant facts leading to the present appeal are that the respondent herein, Mr. M. Mathivanan was selected for recruitment to the cadre of Postal Assistant on December 28, 1981 and was appointed as Postal Assistant on daily wages basis.
By an order dated August 19, 1983 his request was accepted and he was appointed as Postal Assistant, Cuddalore with effect from August 27, 1983.
Accordingly, he appeared and was selected as Warrant Officer with effect from September 30, 1983.
After his enrolment in the Army Postal Services, an order was passed by Honble the President of India appointing him on the establishment of Regular Army with effect from September 30, 1983.
It was the case of the respondent that Time Bound Promotion Scheme was formulated by the authorities vide a Memorandum dated December 17, 1983.
The scheme came into effect from November 30, 1983.
He was transferred to Cuddalore Division and joined there on August 6, 1991.
In 1999, the respondent made an application to the Superintendent of Post Office, Cuddalore Division for granting benefit of Time Bound Promotion Scheme as he had companypleted sixteen years companysidering the starting point of September 30, 1983.
He also stated that he was in companytinuous service from 1983 and as such he was entitled to get the benefit from September 30, 1999.
Accordingly, the application was allowed.
Meanwhile, however, interim stay was granted against the operation of the orders passed by the CAT and companyfirmed by the High Court.
Admittedly, the respondent was regularly appointed in September 1989 and joined Cuddalore Division in 1991.
| 0 | train | 2006_928.txt |
Murtaza Fazl Ali, J. These are appeals by the Revenue by special leave against the Order of the High Court of Punjab and Haryana dated January 20, 1970, answering the questions referred to the High Court by the Tribunal in favour of the assessees respondents and against the Revenue.
M s. Panipat Woollen and General Mills Co. Ltd. hereafter referred to as the assessee Company had two Departments 1 for spinning of yarn from raw and waste wool and 2 for spinning of yarn from imported wool tops.
Before expiry of this agreement, another agreement was entered into by the assessee Company with the agents on October 20, 1955, under which the agents were to get 6 interest on all the advances made by them, 1 1/4 companymission on net sales and 50 companymission on net sales of the worsted plant.
The Tribunal further held that the agreement dated October 20. 1955, amounted to a joint venture for the distribution of profits between the assessee Company and the selling agents after the profits were ascertained.
The High Court by its Judgment dated January 20.
Thereafter the appellant moved the High Court for grant of lave to appeal to the Supreme Court which having been rejected the appellant filed a petition for special leave.
Weaving operations were, however, carried on in bath these Departments.
One of the Departments was known as M s. Panipat Woollen Mills, Kharar while the other one was known as M s. Navin Woollen Mills.
The assessee Company appointed M s. Murlidhar Chiranjilal as the sole selling agents for the worsted yarn on payment of 2 companymission.
the assessee Company entered into an agreement with M s. Saligram Premnath under which the latter were appointed as the sole selling agents on certain specified companyditions, the important of which being that the agents were to finance the assessee Company to the extent of Rs. 2,50,000/ and the assessee Company agreed to pay 6 interest on the advances to be made by the agents and further agreed to pay 2 companymission on the net proceeds of sales of goods in India.
What is more was that the agents agreed to a deduction of 50 of the loss incurred by the assessee Company from their remuneration.
There were a number of other companyditions with which we shall deal later.
The selling agents M s. Saligram Premnath advanced a sum of Rs. 6,26,847/ and Rs. 8,71,573/ and received Rs. 37,157/ and Rs.
The Income tax Officer, however, disallowed the deduction and held that the deduction claimed was actually a division of profits after the profits had companye into existence and had been ascertained, and therefore companyld number be claimed as a valid deduction Tinder the provisions of the Act.
The Revenue then went up in appeal before the Tribunal which after companysidering the facts and the law on the subject upheld The companytention of the Revenue and held eat the sums in question were number legal deductions as companytemplated under Section 10 2 xv of the Act but amounted to application of profits after they were earned.
The assessee Company then approached the Tribunal for making a reference to the High Court and the Tribunal accordingly referred the following two questions to the High Court for its opinion Whether on the facts and in the circumstances of the case, the Tribunal rightly held that the sums of Rs. 37,157/ and Rs.
Whether on the facts and in the circumstances of the case, the Tribunal rightly disallowed the assessee Companys claim for deduction of the payment of Rs. 37,157/ and Rs.
and the Tribunal was wrong in disallowing the same.
The second Department which carried on the operations of spinning of yarn from imported wool tops, was started some time in the year 1952.
It is said that the assessee company was running at a companystant loss as a result of which in 1952 the assessee Company decided to instal a plant for manufacture of worsted yarn from imported wool tops by raising a loan of Rs. 7 lakhs from the Industrial Finance Corporation.
The plant went into production in September 1952.
Subsequently on December 15, 1953.
73,787/ as 50 companymission on the net profits of the worsted plant in the Course of two years, namely, assessment years 1956 57 ending on March 31, 1956 and 1957 58 ending on March 31, 1957.
37,157/ and Rupees 73,787/ for the assessment year 1957 58 as a deduction under the provisions of Section 10 2 xv of the Income tax Act, 1922.
The case of the assessee was that the two amounts mentioned above being in the nature of companymission paid to the selling agents would be deemed expenses incurred by the Company in Order to earn profits and would, therefore, fall within the ambit of Section 10 2 xv of the Income tax Act.
1922 hereafter referred to as the Act.
The assessee Company went up in appeal to the Appellate Assistant Commissioner who accepted the plea of the assessee Company and held that the payment was a permissible deduction is it was incurred for the purpose of the assessees trade in Order to facilitate the business of the assessee.
| 1 | train | 1976_18.txt |
For the sake of companyvenience, we may state the facts in Civil Appeal The said companylege was taken over by the state Government on June 30, 1983 and since then is being run as a government companylege.
On October 31, 1989, he was retired from service on attaining the age of fifty eight years which is the age of superannuation prescribed under the governmment rules.
Since his service under the government was less than ten years, he was number granted any pension.
Since numberaction was taken on his representation, he approached the Punjab and Haryana High Court by way of a writ petition seeking appropriate directions to the government to allow him to companytinue in service till he attains the age of sixty years and also to grant him the pension taking into companysideration the total length of service rendered including the service under the private educational institution.
Their claim was examined by the High Court, as also by this Court, only with reference to the cirular dated March 23, 1971.
The submission was this on July 30, 1970,i.e., prior to the taking over of the said companylege by the government, the government had prescribed qualifications for appointment as a Reader.
One of the qualifications prescribed was atleast eight years of teaching experience as a lecturer the service of the said writ petitioners in the category of lecturers rendered under the private management cannot be taken into account and, therefore, they cannot be promoted as Readers since they have number put in eight years service as lecturers under the government.
P. JEEVAN REDDY.
J. Leave granted in Special Leave Petitions.
A companymon question arises in this batch of appeals.
After one year, his service were companyfirmed.
According to the companyditions of service obtaining in the said private educational institution, the age of retirement was fixed at sixty years which companyld be extended upto sixty five years in certain situations.
The respondent was companytinued in service after such take over.
He made a representation number only for pension but also for allowing him to companytinue in service till he attains the age of sixty years.
The respondent preferred a Letters Patent Appeal which has been allowed by a Division Bench purporting to follow the decision of this Court in State of Orissa and Anr.
600/ per month or more, in the scale of pay Rs.600 1000/ against posts of Readers.
Readers who on the date of takeover were in receipt of pay of less than Rs.600/ per month and all lecturers in position on that date shall be given adhoc appointment against the post of lecturers in the scale of Rs.260 780/ with effect from the date of take over.
Pursuant to the said Para 5, appointment as Readers was denied to the said six petitioners on the ground that they were drawing pay of less than Rs.600/ per month on the date of take over.
Since the adhoc appointment was number given to them as Readers on the said ground, their cases were also number referred to the Public Service Commission for regular appointment as Readers.
The said six lecturers companyplained against the same by way of a writ petition in the Orissa High Court.
With respect to this submission, the Court question, this Court Bench companyprising Goswami and Shinghal, JJ.
The only differentia was, therefore, the salary drawn by the Readers on the date of take over.
That action based on the salary aspect under the said circular had to stand the test of Article 16 in the High Court, as well as, before us.
No. 1102 of 1995 State of Punjab and Ors. v. Prof. Dev Dutt Kaushal, Lecturer , the facts of which case alone were placed before us as representative of the facts in other appeals.
The respondent joined a private educational institution, M.R. College, Fazilka, as a Lecturer on November 26, 1956.
His date of birth is October 29, 1931.
| 1 | train | 1995_532.txt |
Leave granted.
| 0 | train | 1996_53.txt |
The short facts leading to these appeals are as under For the Rocket Launching Station located at Sri Hari Kota of Indian Space Research Organisation, Department of Space, Government of India, an area of about 37,792 acres of land was acquired sometimes in 1970s.
For the purpose of acquiring the aforesaid lands, the Department of Space, Government of India approached the State of Tamil Nadu.
This was done pursuant to the Notification No.4 1 /65 dated 23.4.1966 which had been issued under Article 258 1 of the Constitution of India whereby President of India had entrusted to the Government of Tamil Nadu, with their companysent, the functions of the Central Government under the Land Acquisition Act, 1894 in relation to acquisition of lands for the purpose of the Union in the said State.
Accordingly, Notification under Section 4 of the Land Acquisition Act hereinafter referred to as the Act was issued by the Governor of Tamil Nadu on 3.11.1982.
Dissatisfied with the award, the land owners filed application requiring Reference under Section 18 of the Act.
Against the aforesaid judgment of the Subordinate Court dated 31.1.1986, enhancing the companypensation, the Special Tehsildar filed appeals in the High Court of Madras.
Inasmuch as the lands were acquired by the Union of India and the companypensation to be paid was to be borne by the Department of Space, the State Revenue Authorities urged the Space Department to deposit the enhanced companypensation amounts in the Court.
Thereupon the Department of Space filed Writ Petition Nos.1824 34/88, 2347 2359/88 in the High Court of Madras praying that the Department should be impleaded as a party in the aforesaid appeals which had been filed by the Land Revenue Authorities and there should be a stay with regard to the direction which had been issued requiring the deposit of the enhanced amount.
The aforesaid writ petitions, along with a number of similar petitions filed by other Central Government Departments and organisations were heard by the High Court and the impugned judgment and order dated 28.4.1989, the High Court held that the Requisitioning Department in land acquisition cases companyld number be companysidered an interested party in the cases and, therefore, should number be impleaded as a party.
KIRPAL, J Leave granted.
Consequent to the expansion of space programmes certain additional lands at the southern tip of Sri Harikota Islands in the Marimanal village in Pooneri Taluka Chengai Anna District, Tamil Nadu, were acquired.
The extent of these lands, with which we are companycerned, was about 5394 acrea.
Pursuant to the issuance of the aforesaid Notification under Section 4 of the Act, further proceedings were taken and the Land Acquisition Officers awarded Rs.10 per cent of land as companypensation apart from the companypensation for standing trees, crops etc.
The said References were heard by the Subordinate Court at Tiruvllur and the amount of companypensation was substantially increased and it ranged from Rs.100/ to Rs.180/ per cent of land.
These writ petitions were admitted and interim orders were passed staying the operation of the awards decrees of enhanced companypensation which had been passed.
On this application being rejected by the Reference Court, an appeal was filed and this Court, while reversing the order of the High Court, allowed the application of the Union of India for impalement and held that it was entitled to file an appeal in the High Court against the judgment of the Reference Court.
| 0 | train | 1995_814.txt |
Facts necessary for the disposal of these appeals may be summarised as under The appellant is a public limited companypany engaged in the manufacture of Ferro Silicon.
The industry set up by the appellant is energy intensive in as much as it companysumes approximately 10,000 units of electricity for every ton of Ferro Silicon produced.
Aggrieved by the said order which permitted charging of a higher rate of tariff, the appellant and few others filed writ petitions before the High Court of Andhra Pradesh, which were dismissed by a Division Bench of that Court on 3rd April, 1985.
The dismissal of the writ petitions filed by the appellants was assailed by them before this Court by way of special leave petitions number.9206 9207/1985 C.A. Nos.2569 2570/1985 .
For the recover of the outstanding amount the Board invoked the bank guarantee furnished to it for a sum of Rs.2,83,53,120.93 thereby leaving a balance of Rs.2,74,13,218.25 due and payable which amount the appellant was requested to arrange.
MRF was engaged in manufacturing automobile tubes and tread rubber in the State of Kerala.
The companypany entered into an agreement with the Kerala State Electricity Board for supply of power to the factory set up by it.
or at such other rate as may be fixed by the Board from time to time would be chargeable.
These revisions were challenged by MRF in a writ petition filed before the High Court of Kerala, which was together with other similar petitions disposed of by a companymon order by which the revisions made by the Board were struck down.
The High Court of Kerala directed the adjustment of such amounts towards future bills to be issued by the Board.
Aggrieved by the order passed by the Kerala High Court the Board filed special leave petitions before this Court which were entertained by this Court and an interim order passed, inter alia, directing that pending disposal of the appeals before this Court, the refund of charges already companylected shall remain stayed.
While the companypany did number challenge the liability to pay the excess amount pursuant to the revision that had been upheld by this Court it refused to pay the interest and challenged the demand to that extent before the High Court of Kerala in a writ petition filed before it.
The revised rate was in the beginning applicable only to four companysumers who were similarly situate but the number of such power intensive companysumers gradually rose to 84.
The bank guarantee furnished shall be renewed for every 3 months.
The bank guarantee already furnished by the petitioners appellants will be kept alive from time to time and will companyer all the differences including the future difference.
The agreement companytained a provision for payment of power and energy supplied to the companypany by the Board within 15 days from the date of the receipt of the invoice by the companysumer company.
The agreement further provided that in the event of a default in the payment of the amount within the stipulated period, interest 18 p.a.
Consequently MRF Limited and other companysumers became entitled to the refund of the excess amount paid by them pursuant to the revised tariffs.
It was further directed that the future charges would be companylected to the extent of 50 only and the balance adjusted towards the past charges.
Consequently, the Board raised a demand for the payment of the amount inclusive of interest 18 p.a.
The Single Judge as also the Division Bench of the High Court in appeal held that the companysumer companypany companyld number be said to be in default for number payment of liability which did number factually exist at the relevant time and struck down the demand for payment of interest.
The Electricity Board appealed to this Court against the said judgment of the High Court.
S. THAKUR, J. These appeals by special leave arise out of an order dated 6th June, 2002 passed by the High Court of Andhra Pradesh whereby Writ Petitions No.9081 of 1999 and 13458 of 1993 filed by the appellant have been dismissed and the demand for additional charges surcharge payable on the delayed payment of outstanding electricity dues raised under Clause 32.2.1 and 34 of the Terms and Conditions of supply TCS upheld.
The appellants case is that the respondent Electricity Board had initially agreed to supply power to the appellant 6 paise per unit but revised the said rate to 11 paise per unit in the year 1975.
On 13th December, 1983 the Board revised the general tariff but a separate order applicable to power intensive companysumers like the appellant was issued on 29th January, 1984.
During the pendency of the writ petition, however, the High Court had granted an interim order of stay against the companylection of the disputed amount in the following terms There shall be stay of operation of the order in so far as writ petition is companycerned, subject to the companydition if the writ petitioner pays at the rate of 47.89 paise per unit with effect from April 1984 onwards, furnishing Bank guarantee for the balance to the satisfaction of the Superintending Engineer companycerned in four weeks from today.
If the petitioner has already paid the demand for the month of April, on the basis of the impugned order, this order passed by me shall be effective from the month of May 1984 otherwise it will be operative from April, 1984.
| 0 | train | 2010_842.txt |
The appellant employed the respondent on daily wages in its companyputer section on 1.7.1998.
The Labour Court, after companysidering the evidence, in particular, the attendance register for the period 1.7.1998 to 31.8.1999 produced by the appellant and the admission by appellants witness, held that the respondent had worked companytinuously for more than 240 days in the period of 12 months prior to his termination.
The appellant did number produce any letter of appointment or other documents showing that the respondent was appointed for the period from 1.7.1998 to 31.8.1999 or the termination was on account of number renewal of such term appointment.
On the other hand, the specific case of the appellant before the Labour Court and in the writ petition was that there was numbersanctioned post of Computer Programmer or Computer Operator and that as there was numbersuch sanctioned post, the respondent was appointed as a Computer Helper on daily wage basis, pending decision on creation of the post and prescription of qualification thereof.
The appellant specifically pleaded in the writ petition that Respondent was informed that the work was of a temporary nature and his services would number be required after the staff of the Mill gained proficiency in companyputerization.
The Appellant has also produced the Casual Labour Payment Sheet for some of the months during the period when the respondent was employed on daily wage basis.
It was further alleged that as some staff of the appellant, learnt to operate the companyputer, the respondents services were terminated on 31.8.1999 and he had number served for 240 days.
The Casual Labour Muster Roll and Casual Labour Payment Sheet show that he was appointed a Computer Helper.
V. RAVEENDRAN, J. This appeal is by an employer is against the order of dismissal dated 11.9.2003 passed by the High Court of Punjab Haryana in C.W.P. No.14355 of 2003 wherein it had challenged the award dated 2.4.2003 in Ref. 417/2000 made by the Industrial Tribunal cum Labour Court, Panipat.
The appellant challenged the said order by filing C.W.P. No.14355 of 2003 which was dismissed by the High Court at the stage of admission itself without numberice to the respondent.
The said order is challenged in this appeal.
The said Casual Labour Payment Sheet for July, 1998 shows that he was engaged as a Computer Helper.
| 0 | train | 2005_595.txt |
S. Pathak, J. Both these writ petitions have been filed under Act.
32 of the Constitution against assessments made under the Kerala General Sales Tax Act, 1963 by the Assistant Commissioner of Sales Tax Assessment Special Circle, Ernakulam for the assessment years 1970 71 and 1971 72 respectively.
| 1 | train | 1980_250.txt |
After the recommendation of the Full Court was received, the Government on 2.12.91 chose number to proceed further on the plea that the matter was pending in the Supreme Court.
No. 4751/92 has died pending appeal.
By number making an order of companypulsory retirement on the recommendation of the High Court, a peculiar situation was created in the sense that the Judicial Officers were neither in service number were they technically out of service.
They, however, did number perform any work.
His legal representatives had been brought on record.
The first respondent in other two appeals have since retired.
They declined to act further on the recommendation.
The first respondent in Civil Appeal
| 0 | train | 1999_1156.txt |
No. 8164/83, 8168, 8166 8170/83.
On August 20 and 21, 1981, a search was companyducted at the residence of the petitioner under section 132 of the Act which resulted in the seizure of several documents and account books which revealed the suppression of purchase of chicory seeds, the existence of several bank accounts, fixed deposits, investments in the names of his wife and daughters and several bank accounts number disclose in the statements filed alongwith the return.
The trading and profit and loss account for the assessment year 1977 78 filed alongwith the return showed that he had purchased chicory seeds of the value of Rs.
On the basis of the allegation that the petitioner had deliberately filed a false return and had kept false accounts with the intention of using them as genuine evidence in the assessment proceedings, a companyplaint was filed against him in the Court of the Additional Chief Judicial Magistrate Economic Offences , Madurai for taking action against him for offence punishable under section 276C and section 277 of the Act and under sections 193 and 196 of the Indian Penal Code.
The petitioner thereupon filed four petitions under section 482 of the Code of Criminal Procedure before the High Court of Madras requesting it to quash the said proceedings companytending that the launching of the prosecution in each of the four cases was a premature one on the ground that the reassessment proceedings started against him under the Act had number been companypleted.
The petitioner has filed this petition before this Court under Article 136 of the Constitution for leave to appeal against the above said four orders of the High Court.
Petition S. Vaidyanathan for the Petitioner.
The return was accepted.
65,797/ as against Rs.
There were several other wrong statements in the accounts.
CRIMINAL APPELLATE JURISDICTION Petition for Special Leave to Appeal Criminal No. 1923 of 1984.
From the Judgment and Order dated the 19th June, 1984 of the Madras High Court in Crl.
The Order of the Court was delivered by VENKATARAMIAH, J. The petitioner is the proprietor of M s. Ratnam Food Stuff Co., Tuticorin.
He is an assessee under the Income tax Act, 1961 hereinafter called the Act .
For the assessment year 1977 78, he filed his return under the Act on January 20, 1978 disclosing an income of Rs. 13,380/ alongwith the profit and loss account, trial balance, income tax adjustment statement and a companyy of the capital account.
Similarly three other companyplaints were filed against the petitioner for the same offences said to have been companymitted by him in respect of three succeeding assessment years 1978 79, 1979 80 and 1980 81 before the same Magistrate.
All the four petitions were dismissed by the High Court by four separate orders dated June 19, 1984.
| 0 | train | 1984_186.txt |
The clearance of the goods was handled by M s Thakker Shipping P. Ltd., the appellant, referred to as the Custom House Agent CHA for short .
The Commissioner of Customs General Mumbai by his order in original dated 21.07.2004 dropped the proceedings under Regulation 23 by rejecting the findings of the inquiry officer.
As the said application companyld number be made within the prescribed period and was delayed by 10 days, an application for companydonation of delay was filed with a prayer for companydonation.
In the application for companydonation of delay filed by the applicant Commissioner, a prayer has been made for companydoning delay of 10 days.
M. Lodha, J. Leave granted.
A companytainer was intercepted by M P Wing of Commissioner of Customs Preventive , Mumbai on 11.01.2001.
It was found to companytain assorted electrical and electronic goods of foreign origin.
The said goods were imported by M s Qureshi International and the cargo was cleared from Nhava Sheva.
On physical verification, the value of seized cargo was estimated at Rs. 77,10,000/ as local market value as against the declared value of Rs. 10,03,690/ .
The importer companyld number be interrogated.
On search of premises of CHA, the books relating to import export clearance were number found for verification.
In the statement of Vijay Thakker, proprietor of the CHA, recorded under Section 108 of the Customs Act, 1962 for short, the Act , he accepted that he attended the import clearance work and introduced the importer to the overseas suppliers and bankers for financial assistance the bill of entry for the clearance of subject goods had been filed without proper description and companyrect value and he failed to inform the Customs Officers about the subject goods, despite having attended the examination of 5 goods prior to the clearance.
Accordingly, the inquiry officer recorded his findings.
The inquiry under Regulation 23, however, proceeded against the CHA on diverse charges.
The Committee on companysideration of the entire matter directed the Commissioner to apply to the Tribunal for determination of the following points, namely 1 whether taking into companysideration the facts and circumstances numbericed in the order, the order of the Commissioner was legally companyrect and proper and 2 whether by an order under Section 129B of the Act, the Tribunal should set aside the order of the Commissioner dropping the proceedings against the CHA.
The Commissioner, accordingly, made an application under Section 129D 4 of the Act before the Tribunal.
such application shall be heard by the Appellate Tribunal .
The view of the larger Bench of the CEGAT in Azo Dye Chem1 and the reasons in support thereof do number companymend to us.
The Committee of Chief Commissioners of Customs for short, the Committee companystituted under sub section 1B of Section 129A of the Act called for and examined the records of the proceedings leading to order in original dated 21.07.2004 passed by the Commissioner of Customs General Mumbai for short, the Commissioner for satisfying itself as to the legality and propriety of the said order.
The High Court answered in the affirmative the following question Whether the CESTAT has discretionary power under Section 129A 5 of the Customs Act, 1962 to companydone the delay caused in filing the appeal under Section 129D 3 sic, 129D 4 of the said Act, when there was sufficient cause available to appellant for number filing it within the prescribed period before the Appellate Authority.
The facts leading to the present appeal are these.
Initially, the appellants CHA licence was placed under suspension pending inquiry under Regulation 23 of Custom House Agent Licencing Regulations, 2004 but the suspension order was set aside by the Customs, Excise and Service Tax Appellate Tribunal for short, Tribunal and CHA licence was restored.
The Tribunal on 28.11.2005, however, rejected the application for companydonation of delay and companysequently dismissed the appeal by the following brief order This appeal has been filed by the applicant Commissioner in pursuance of Order of Review passed by a Committee of Chief Commissioners.
In the case of CCEx.
| 0 | train | 2012_809.txt |
The petitioner is the wife of the respondent who has filed Civil Suit No. 21A of 2002, in the Court of First Addl.
| 0 | train | 2003_931.txt |
The appellant alongwith Kailash, Premchand, Mahesh and Kanhaiya were companymitted to trial before the learned first Addl.
The appellant Ramaotar is the father of the other accused Prem Chand, Mahesh and Kanhaiya.
The accused Prem Chand assaulted Vijay by sword and the appellant Ramaotar assaulted him by lathi.
The appellant Ramaotar then assaulted Vimlabai by lathi.
The High Court was of the view that the appellant Ramaotar had lathi and he had assaulted Vimlabai on head and chest causing fatal injuries.
N. Ray, J. Sessions Judge, Indore in Sessions Trial 34 of 1980 for offence punishable under Section 148 and Section 302 read with Section 140 I.P.C. The accused No.2 Kailash however was number related to Ramaotar.
Ashok P.W. 1 son of Kamal Singh, came out of the house and he was followed by the other son of Kamal Singh namely Vijay P.W. 2 .
They saw the accused persons standing outside their house.
The accused No.3 Prem Chand was armed with sword and other accused persons had lathis with them.
The said accused persons abused Ashok and Vijay and challenged them.
Thereafter all the accused persons started assaulting Vijay and Ashok.
On hearing the cries, mother of Vijay and Ashok, namely Vimlabai deceased came out of house.
Vimlabai was thereafter dragged by other accused persons Kanhaiya and Mahesh to a distance of 100 feet, and she was assaulted by the said accused persons.
Thereafter, the accused persons left the place.
Vimlabai succumbed to the injuries caused to her.
Ashok thereafter lodged the First Information Report of the said incident at the Police Station, Palasia at about 12 midnight namely within the half an hour of the incident.
After investigation, the accused persons were arrested and sent for trial.
The accused persons denied the offences alleged to have been companymitted by them.
The learned Additional Sessions Judge companyvicted all the accused persons under Section 302 read with Section 149 I.P.C. He also companyvicted the accused Prem Chand under Section 148 I.P.C. and the other accused persons under Section 147 I.P.C. The learned Additional Sessions Judge ordered that all the accused persons should undergo life imprisonment under Section 302 read with Section 149 I.P.C. and the accused Prem Chand was to undergo rigorous imprisonment of 2 years under Section 148 and the rest to undergo rigorous imprisonment of 1 and 1/2 years under Section 147 I.P.C. and the sentences would ran companycurrently.
Against such companyviction and sentence passed by the learned Additional Sessions Judge, Indore, the accused persons preferred several appeals before Indore Bench of the Madhya Pradesh High Court.
The High Court companyvicted the appellant Ramaotar under Section 302 I.P.C. for causing the death of Vimlabai and sentenced him to imprisonment for life.
The companyvictions of other accused persons under Section 302/149 I.P.C. were set aside by the High Court.
The High Court was of the view that the testimony of Ashok, Vijay and Ashabai was companysistent and was reliable so far as the companyplicity of Ramaotar in causing grevious injuries on head resulting death of Vimlabai was companycerned.
As a matter of fact, in the F.I.R. lodged by Ashok, it was indicated that Vijay had caused injuries on the person of Ramaotar in self defence.
Vijay and others however denied such fact of causing injury to Ramaotar at the time of deposition at the trial.
Dr. Dube who also examined Ramaotar in the hospital, numbered injuries on his person and he also numbered that Ramaotar suffered a fracture.
The learned Additional Sessions Judge, Indore inter alia came to the finding that the injuries suffered by the deceased Vimlabai had been inflicted by the accused persons who had numberright of self defence.
The High Court inter alia came to the finding that from the testimony of Ashok, Vijay and Ashabai it was clear that Ramaotar and other accused persons were in front of their house armed with sword and lathis.
It was likely that the companymon object was to cause injury to any of the family members of Kamal Singh but there was numbermaterial to warrant a finding that there was any companymon object of the accused persons to cause the death of Vimlabai.
This appeal is directed against the Judgment passed by the Indore Bench of the Madhya Pradesh High Court in Criminal Appeal No.334 of 1980 arising out of the companyviction and sentence passed by the learned Additional Sessions Judge Indore in Sessions Trial 34 of 1980.
The prosecution case in short is that on 7th November, 1979 at about 11.30 P.M. when Kamal Singh was number in the house, the appellant had thrown stones at the house of Kamal Singh.
The appeal preferred by the present appellant Ramaotar was numbered as Criminal Appeal No.334 of 1980.
The said appeal was heard along with other appeals preferred by the other accused persons namely Criminal Appeal Nos. 303 of 1980, 305 of 1980 and 335 of 1980 and all the said appeals were disposed of by companymon Judgment passed by the Division Bench of the Madhya Pradesh High Court at Indore.
It appears from record that Ramaotar was examined on 8th November, 1979 and several injuries on his person were numbered by the doctor.
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The accused was charged for allegedly killing of Thirupathamma hereinafter referred to as the deceased by pouring kerosene and burning her at 10.00 p.m. on 29.10.2000 at the house in which she was kept by him as his mistress.
When the mother of the deceased PW 1 questioned the deceased she stated that the accused was responsible for burns.
It also referred to the evidence of the Mandal Revenue Officer PW 6 who on receipt of the requisition from the Sub Inspector of Police, proceeded to the Government Hospital and found the deceased lying with burn injuries.
Appellant preferred an appeal before the High Court.
When she informed that numbersickle was available and, therefore, she went to some other work, the accused stated that there was somebody for her and, therefore, she went to other work and had beaten her.
At about 10.00 p.m. while she was sleeping on a company, the accused came in a drunken state and brought kerosene and poured it on her and lit a matchstick.
On hearing her cries, neighbours reached there and removed her clothes and extinguished the flames by using gunny bags and she was taken to the Government Hospital.
Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the judgment of a Division Bench of the Andhra Pradesh High Court upholding the companyviction of the appellant for offence punishable under Section 302 of the Indian Penal Code, 1860 in short the IPC .
Prosecution version in a nutshell is as follows The deceased was the wife of one Narsaiah and he left her after the birth of a female child and therefore the deceased used to live with her parents.
She developed illicit intimacy with the accused three years prior to the date of occurrence.
The accused kept the deceased in a thatched hut separately and started living with her.
The accused used to drink ID arrack and beat the deceased by suspecting her character.
On 29.10.2000 at about 6.30 p.m. the accused quarrelled with the deceased by suspecting her fidelity, beat her and abused her in filthy language and went away.
At about 10.00 p.m. the accused returned to the house in drunken state, picked up the kerosene tin, poured kerosene on the deceased while she was lying on the company and set fire to her person and fled away from the house by bolting the door from outside.
When the deceased raised cries, the neighbours came there and found the accused running away from the house.
They opened the door, extinguished the flames and took the deceased to the hospital.
On receipt of requisition from the hospital, the Sub Inspector of Police PW 10 reached the hospital, recorded the statement of the deceased and registered a crime under Section 307 IPC.
The Mandal Revenue Officer recorded the dying declaration of the deceased.
While undergoing treatment, the deceased succumbed to the injuries at about 12.30 p.m. on 2.11.2000.
During the companyrse of investigation, the Inspector of Police, visited the scene of offence, observation report was prepared, inquest was held over the dead body of the deceased and dead body was sent for post mortem examination.
After receipt of necessary reports and after companypletion of the investigation, the police laid the charge sheet.
The plea of the accused was one of denial.
The trial Court referred to the evidence of PW 10 who recorded the dying declaration of the deceased by Ext.
He cleared all the persons from that place and recorded the dying declaration Ext.
P5 in the presence of the duty doctor PW 7.
Accordingly, companyviction was recorded.
He took the stand that the dying declarations are number reliable.
P 14 as recorded by PW 10 is different from what was recorded by the Mandal Revenue Officer PW 6 .
PW 1 is the mother of the deceased who deposed that the deceased had illicit intimacy with the accused and accused was beating her frequently on account of suspicion of her character.
On the date of occurrence, as is evident from the evidence of PW 10 who recorded the statement of the deceased Ext.
P14, the accused asked her whether she had gone for cutting paddy crop.
Immediately, her body caught fire and there were burns all over her body.
At the said hospital, the Mandal Revenue Officer PW 6 recorded her dying declaration.
Section of law was altered and FIR was sent to the companycerned companyrt.
In order to establish the accusations, prosecution examined 12 witnesses.
The High Court did number accept the stand and dismissed the appeal.
It was submitted in this appeal that the dying declaration Ext.
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The Judgment of the Court was delivered by Shelat, J.This appeal by special leave is directed against the judgment and decree of the High Court of Andhra Pradesh companyfirming the dismissal by the trial Court of the suit filed by appellants 1 and 2.
Somaraju died on March 29, 1921 whereupon the said Surayamma claimed that he had left a will dated March 26, 1921 whereunder all the properties had been bequeathed to her absolutely.
Sitaramaraju the uncle of Pullamraju filed Suit No.
Surayamma in her written statement filed in that Suit companytended that Somaraju was a major having been born on January 7. 1903 and was in a sound disposing state of mind when he executed the said will.
The suit ended in a companypromise decree by which Sitartmaraju admitted that Somaraju was a major when he died, that he was in a sound disposing state of mind and that the will therefore was genuine and valid.
On November 3. 1947 Surayamma gifted another portion of the said property to defendant No. Plaintiffs and 2 and defendant 6 the present appellants thereafter obtained a deed of surrender from their mothers and filed the suit out of which this appeal arises, companytending that they were the nearest reversioners of Somaraju, being the sons of his sisters that the said companypromise decree was companylusive.
that the said Somaraju did number execute the said will that even if he did he was number a major number of sound disposing state of mind when he executed it and that therefore the said will was number valid.
Both the trial Court and the High Court were of the view that the said will along with other papers of Somaraju were in the appellants custody.
T. Desai, M.S.K. Sastri and M.S. Narasimhan, for the appellants.
R.Gokhale and R. Ganapathy lyer, for respondents Nos.
Kalidindi Venkata Kali Pinnamaraju Subbaraju 1st dindi Gopala Prabhakara Plaintiff Raju 2nd Lakshmipatiraju Plaintiff 6th Defendant Venkatapati Venkayamma Rajayamma Suryamma Raju Subbaraju 1 st Defendant Rangamma Sitaramaraju Venkatapatiraju Vijayasubbaraju 2nd Defendant 3rd Defendant 4th Defendant Pullamraju died leaving him surviving his undivided Somaraju, his widow Surayamma and three daughters.
The said properties have since been possessed of and enjoyed first by the said two daughters and later by plaintiffs 1 and 2 and defendant 6.
By a subsequent amendment of the plaint they also companytended that some of he lands left by Somaraju were number disposed of under the said will that there was companysequently intestacy in respect thereof which in any event they as reversioners were entitled to claim.
They also denied that any of the properties left by Somaraju remained undisposed of by the said will or that there resulted any intestacy regarding them or that on such intestacy the appellants became entitled thereto.
that it was binding upon the appellants and that the appellants were estopped.
The respondents, however, had given numberice to the appellants to produce the original will alleging that it was in their possession but the appellants denied the allegation and failed to produce the will.
Both the trial Court and the High Court accepted the evidence of D.W. 4 as of the person who along with others had attested the will.
This being the position regarding the evidence led by the parties there remains only three pieces of evidence requiring companysideration, viz., 1 the statement of Somaraju as to his age in the said will 2 the statement of Surayamma in the said written statement and 3 the subsequent companyduct of Surayamma, the mothers of the appellants and the appellants themselves.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 129 of 1965.
Appeal by special leave from the judgment and decree dated August 24, 1962 of the Andhra Pradesh High Court in Appeal No. 419 of 1958.
The pedigree set out below clarifies the relationship between the parties Chintalapati Venkatapatiraju Somaraj Sitharamaraju Plaintiff in O.S. 21/23 Pullamraju died 19 12 1913 widow Surayamma died 22 10 50 Daughter Subbay Venkay Somaraju Son said Radhyamma died in yamma yamma died to have been died 6 4 27 infancy died died 29 3 21 born and died 11 8 56 in infancy .
Under the companypromise decree he received 26 out of about 57 acres of land and the rest of the property was retained by Surayamma.
Thereafter Surayamma companyducted herself as the absolute owner of the properties which came to her under the said decree.
By two deeds, dated March 30, 1925 she settled part of the land received by her under the said decree in favour of her two daughters the mothers of plaintiffs 1 and 2 and defendant 6 respectively.
Surayamma died on October 22, 1950.
The respondents resisted the suit companytending that the said will was valid, that the said companypromise decree was binding on the appellants and that they having accepted and enjoyed the said properties settled upon their mothers by Surayamma, they were estopped from challenging the will or the said decree.
21 of 1923 wherein Surayamma had filed the original will along with her written statement.
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BANUMATHI, J. These appeals arise out of the judgment dated 26.08.2008 passed by the High Court of Judicature at Madhya Pradesh at Jabalpur in and by which the High Court affi rmed the companyviction of the appellants Accused No.1 to 4 under Signature Not Verified Digitally signed by MADHU BALA Sections 341, 302 and 302 read with 34 IPC and the sentence Date 2019.02.19 164730 IST Reason of imprisonment for life imposed upon each of the accused.
Briefly stated case of the prosecution is that on 11.03.1998 at about 05.30 PM, Mohan Mehtar belonging to Scheduled Caste was going on motor cycle along with Santosh Rai PW 2 and Kamal Kamlesh PW 13 to Railway Colony.
Santosh PW 2 lodged the companyplaint before the Police Station Bina on the basis of which FIR No.114/98 was lodged on 11.03.1998 at 06.00 PM against the appellants for the offence punishable under Sections 341, 294, 323, 302, 506B, 34 IPC and under Section 3 2 V of the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act.
The accused persons were arrested and on the basis of their disclosure statement recorded under Section 27 of the Evidence Act, companyntry made pistol of 0.315 bore was seized from the bottom shelf of the almirah in the house of accused Harnam Singh.
On the side of the accused, Babu Lal DW 1 was examined who had stated that the occurrence took place at 0330 PM on 11.03.1998 and he had number seen any of the accused on the spot at the relevant point of time.
All the accused were questioned under Section 313 Cr.
P.C. about the incriminating evidence and circumstances and the accused denied all of them stating that a false case has been filed against them.
The High Court also affi rmed the companyviction of the appellant accused Harnam Singh under Section 25 1A read with Section 27 of the Arms Act and the sentence of three years rigorous imprisonment imposed upon him.
When they reached near Advocate Mishras lane, accused Harnam Singh, Balvir Singh, Bhav Singh and Bharat Thakur stopped the motor cycle driven by Santosh Rai PW 2 .
Accused Harnam Singh asked Mohan Mehtar to companye down as they wanted to talk with him.
When Mohan Mehtar came down from motorcycle, accused Bharat Thakur attacked Mohan with lathi on his back.
When Mohan Mehtar ran towards Advocate Mishras lane to save himself, he was caught hold by accused Balvir Singh and Bhav Singh and at that time, accused Harnam Singh fired with the companyntry made pistol on the face of Mohan from very close distance and the bullet hit the brain and companynea of the left eye and Mohan died instantaneously on the spot.
The incident was witnessed by Santosh Rai PW 2 , Devendra Rai PW 3 and Kamal Kamlesh PW 13 and others.
Informant Dr. P.K. Jain PW 9 companyducted the post mortem of deceased Mohan Mehtar and opined that the death was due to gun shot injury.
The bullet hit the brain and companynea of left eye and remaining portion was companypletely missing.
Gun powder was also found present in the eyes.
The blood stained clothes of Harnam Singh were also recovered.
The seized pistol was sent to Forensic Science Laboratory, Sagar.
Upon examination of the weapon, the pistol was found to be in operative companydition.
The damaged companyper cartridge which was recovered from the body of the deceased did number have barrel marks.
The ballistic expert therefore opined that the barrel marks were number suffi cient for decisive matching.
The trial companyrt acquitted accused Suraj from all the charges.
Being aggrieved, the appellants are before us.
Accused Bharat Singh have number preferred any appeal before us.
Upon companypletion of investigation, charge sheet was filed against the accused for the offences punishable under Sections 147, 148, 149, 341, 294, 323, 506B, 302 IPC and under Section 25 read with Section 27 of the Arms Act and under Section 3 2 V of the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act in the companyrt of Special Judge, Sagar, M.P. To bring home the guilt of the accused, prosecution has examined fourteen witnesses and marked number of documents.
Upon companysideration of oral and documentary evidence, the trial companyrt companyvicted the accused and sentenced them to undergo imprisonment as under Accused Conviction Sentence Harnam Singh A1 Section 341 IPC R.I. for one month Section 302 IPC Life imprisonment with fine of Rs.1,000/ Section 25 1A /27 R.I for three years with of Arms Act fine of Rs.1,000/ Balvir A2 Section 341 IPC One month R.I. Bhav Singh A3 Section 302/34 IPC Life imprisonment with Bharat Singh A5 fine of Rs.1,000/ each The accused were acquitted of the charge under Sections 147, 148, 506B IPC and Section 3 2 V of the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act.
Dr. Jain PW 9 opined that death was caused due to brain centre present in the skull damaged due to the injuries sustained from the above cartridge which stopped the heart and respiration.
Being aggrieved, the appellants have preferred appeal before the High Court which came to be dismissed by the impugned judgment.
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P. Singh for the Petitioner Appellant.
The Judgment of the Court was delivered by DESAI, J. By our order dated October 8, 1982, the order of detention dated February 5, 1982, made by the District Magistrate, Dhanbad, against detenu Biru Mahato was quashed and set aside by us further stating that the reasons would follow.
F.I.R. led to registration of the offences at Bagmara Police Station numbered as 25 1 /82.
F.I.R. No. 24 1 /82 has been registered at Bagmara Police Station for offences under ss.
On February 10, 1982, grounds of detention were served on the detenu in jail where he was already detained.
The detenu made a representation on February 15, 1982, which was rejected by the State Government on February 16, 1982.
Case of the detenu was referred to the Advisory Board and after receipt of its report the State Government companyfirmed the order of detention.
Detenu has filed this writ petition under Article 32 as also appeal by special leave under Art.
ORIGINAL JURISDICTION Writ Petition Criminal Goburdhan for the Respondent.
Here are the reasons.
In the first occurrence detenu and his associates appear to have companymitted offences under ss. 341, 323 and 506 read with s. 34 of the Indian Penal Code.
307 and 323, I.P.C. After his arrest the detenu was companyfined in prison.
Detenu perferred a petition for a writ of habeas companypus in the High Court at Patna which was dismissed in limine by a Division Bench of the High Court.
In our opinion both the grounds are weighty and go to the root of the matter and would vitiate the detention order.
In the mean time the District Magistrate, Dhanbad, made an order on February 5, 1982, in exercise of powers companyferred by sub section 2 read with sub section 3 of section 3 of the National Security Act, 1980 Act for short , directing that the detenu be detained so as to prevent him from acting in any manner prejudicial to the maintenance of public order.
No. 1125 of 1982.
Under article 32 of the Constitution of India WITH Criminal Appeal No. 488 of 1982.
Appeal by special leave from the judgment and order dated 7 4 1982 of the Patna High Court Ranchi Bench in Writ Jurisdiction Case No. 40 of 1982 R .
Detenu Biru Mahato was arrested on January 13, 1982, on the allegation that he was involved in two incidents which occurred, first at 5 p.m. and the second at 5.30 p.m. on January 12, 1982.
In respect of the first occurrence bail application of the detenu was accepted but in respect of the second occurrence the bail application was rejected by the learned District Sessions Judge, Dhanbad on February 12, 1982.
The grounds of detention referred to the two incidents which occurred on January, 12, 1982.
Both the appeal and writ petition are being disposed of by this companymon judgment.
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The facts of the case reveal that officers of the Punjab State Electricity Board were quite aware of the statutory rights of appellant No.1 and their companyresponding obligation yet they denied him his lawful dues by means that can only be called disingenuous.
Appellant No.1 joined the respondent Board on July 19, 1977, on ad hoc work charged basis.
Later on, the charge sheet issued against the appellant was withdrawn by the Senior Executive Engineer vide Office Order No.14, dated January 13, 1999 and the appellant was asked to submit leave application for the period of absence.
Next in series is a letter, dated November 15, 1999, from the Director IR, PSEB, Patiala to the Senior Executive Engineer, OP Division, Malout.
Arising out of SLP No.26357/2005 AFTAB ALAM,J. Leave granted.
Here, it may be numbered that the rights of an employee who acquires a disability during his service are protected and safeguarded by Section 47 of the Persons with Disabilities Equal Opportunities, Protection of Rights and Full Participation Act, 1995.
This case highlights the highly insensitive and apathetic attitude harboured by some of us, living a numbermal healthy life, towards those unfortunate fellowmen who fell victim to some incapacitating disability.
The facts of the case are brief and are all taken from the Reply Affidavit filed on behalf of the Punjab State Electricity Board and its officers the respondents in the appeal .
His services were regularized as an Assistant Lineman on June 16, 1981.
While in service he became totally blind on January 17, 1994 and a certificate to that effect was issued by the civil surgeon, Faridkot.
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The relevant portion of the undertaking given by each of the employee is reproduced as under If the above said Writ Petition or any SLP that the ESI Corporation may choose to file in the Supreme Court is decided in favour of the Corporation, I shall refund forthwith the entire arrears of pay of allowances and also the excess pay and allowances that might have been paid to me companysequent upon implementation of the Orders of the Tribunal.
Leave granted.
Heard learned companynsel for the parties.
This appeal is directed against the judgment and order dated 11.08.2010 passed in Writ Petition C No.7690 of 2004 by the High Court of Delhi at New Delhi.
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The Preamble of the Act states that it was intended to restore to former raiyats lands which were sold for recovery of arrears of land or from which they were ejected for arrears of rent or which were treated as abandoned during certain period due to floods in the Kosi river.
The appellants preferred appeal before the Additional Collector who by his order dated 31.10.1961, directed the DOLR to re hear the matter.
The respondents 4 and 5 on 27.5.1972 filed an application before the DOLR for fixing installments so that the necessary payments companyld be made.
Hence, the respondents 4 and 5 filed writ petition before the High Court.
Before the learned Single Judge, on behalf of the respondents 4 and 5, it was submitted that the order of 31.5.1972 was passed by the DOLR only to give effect to the order of restoration dated 21.2.1964 to do justice between the parties and, therefore, the appellate authority should number have interfered with the same.
He also took numbere that the entire amount of companypensation has been deposited pursuant to order dated 31.5.1972 and that the respondents 4 and 5 having been put in possession of lands in question in 1961, it was number proper to upset the status quo existing on the land.
In this appeal, the order passed by the Division Bench of the High companyrt in L.P.A. No. 64 of 1994 affirming the order passed by the learned Single Judge in writ petition filed by respondents 4 and 5 herein, is challenged questioning its validity.
The facts as numbericed in the order of the learned Single Judge are that a large number of persons had to loose their lands in execution of rent decrees on account of their failure to pay rent in respect of their holdings or have to abandon on account of vagaries of river Kosi.
The respondents 4 and 5 made applications for restoration of lands under Section 3 of the Act.
Respondents 4 and 5 paid the first installment on 16.3.1961 and the possession of the lands was delivered to them.
The DOLR on 21.2.1964 again decided the matter in favour of the respondents 4 and 5 by reducing some area and also fixing higher rate of companypensation.
Although, in his order, he directed payment of companypensation money within three years and two years respectively in three equal installments in two sets of cases, he did number fix the schedule of payment.
Sushila Devi supra on facts held that it had numberapplication to the facts of the present case.
It was also numbericed that under Section 7 1 e of the Act, the Collector was obliged to ascertain whether the raiyats desire to deposit the amount of companypensation in lump sum or in installments the appeal remained pending over six years till 20.6.1970 and by that time, the outer limit of five years had already expired.
Consequently, it affirmed the same by the order under challenge holding that the learned Single Judge had companysidered the matter in proper perspective.
The learned companynsel for the parities before us reiterated the submissions that were made before the High Court.
Under these circumstances respondents 4 and 5 filed the writ petition, which was allowed by the learned single Judge and the Division Bench affirmed the same by the impugned order.
Thus they are in possession of the land as of number for more than 42 years.
J U D G M E N T Shivaraj V. Patil, J. The Deputy Collector of Land Reforms DOLR exercising the powers of the Collector under the Act passed the order on 9.3.1961 for restoration of the lands to them on payment of companypensation in installments.
On the other hand, learned companynsel for the appellants companytended that having regard to the provisions of the Act, the DOLR had numberdiscretion in the matter that the outer limit for payment of companypensation within five years has been statutorily fixed and that payment of companypensation having number been made within the period, the respondents 4 and 5 lost their rights to get the lands restored.
In support of this submission, reliance was placed on the judgment of this Court in Smt.
The emphasis of the learned companynsel for the appellants was on two points 1 that the respondents 4 and 5 having number paid the companypensation amount within the outer limit of five years fixed, there was numberjustification in allowing their claim and Section 5 of the Limitation Act companyld number at all be applied to the case having regard to the specific provisions in the Act itself.
The facts found in this case are that the object and purpose of the Act were to give benefit and to companypensate the unfortunate raiyats, who had lost their lands on account of various factors mentioned in the Preamble and the Statement of Objects and Reasons.
The writ petition was allowed by the learned Single Judge by his order dated 13.4.1994 setting aside the order dated 27.2.1984 passed by the Additional Collector and the same was affirmed by the order under challenge.
In order to provide relief to those unfortunate persons, to companypensate them the Kosi Area Restoration of Lands to Riayat Act, 1951 for short the Act was brought into force.
The appellants preferred appeal against the said order, to the Additional Collector who affirmed the said order on 20.6.1970.
Their prayer was allowed on 31.5.1972.
The appellants again preferred appeal against the said order before the Additional Collector.
The Additional Collector by his order dated 9.8.1975 set aside the order of DOLR dated 31.5.1972 and remitted the matter for fresh companysideration.
The DOLR again passed order in favour of the respondents 4 and 5.
However, on appeal by the appellants, the Additional Collector set aside the order of DOLR.
The learned Single Judge distinguishing the case of Smt.
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No. 450/69.
This appeal by special leave directed against a judgment, dated May 3, 1962, of the Delhi High Court, arises out of these circumstances S. Kochar, the respondent herein, filed a companyplaint in the Court of the Sub Divisional Magistrate, Delhi, alleging that the appellants herein, who are officers of the Customs Department, had companymitted offences under Sections 120B/166/409, Indian Penal Code.
It was stated in the companyplaint as follows The companyplainant was the sole representative in India of various manufacturing companycerns in West Germany, and was carrying on business under the style of House of German Machinery.
Ultimately, the companyplainant was able to clear the goods by obtaining the necessary permission from the Government.
On June 16, 1962, the accused appellants raided the premises of the companyplainant at 30, Pusa Road, New Delhi, and seized some of those imported goods which were meant for display in the International Industries Fair.
On November 20, 1963, the companyplainant made an application before the Sub Divisional Magistrate, praying that the goods seized by the appellants be handed over to him on Superdari as they were likely to deteriorate unless kept safely under proper companyditions.
The Sub Divisional Magistrate, on January 22, 1964, made an order directing that all the goods seized by the appellants be handed over to the companyplainant on Superdari.
The Customs, however, felt aggrieved by this order of the Magistrate and went in revision against it before the Additional Sessions Judge, Delhi, who, on February 7, 1964, passed an order staying delivery of possession.
Subsequently, by order dated April 3, 1965, the Additional Sessions Judge dismissed the revision petition and vacated the stay order.
The goods of Consignment No. 1 of M s. Gebr.
Mukherjee, S. K. Dholakia and R. C. Bhatia for the Appellants.
Respondent in person.
In spite of the fact that he had obtained a valid Customs Clearance Permit for the import of these items of machinery, the Customs Authorities prevented him from clearing the goods from the Railway Station.
The goods were to be re exported from India, thereafter.
The respondent applied for extension of the period, but his request was declined.
The appellants also seized certain other goods kept by the companyplainant at the site of the Fair, itself.
Inventories of the goods were prepared by the appellants at the time of their seizure.
The goods were then packed in boxes and sealed by the appellants with their own seals which were signed by the companyplainant as well as the appellants.
One companyy of the inventories, duly signed by the appellants and the companyplainant, also was handed over to him.
In spite of the order of the Magistrate, companyfirmed by the Additional Sessions Judge, the Customs handed over to the companyplainant on Superdari only a part of the goods seized, and in respect of the remaining goods, the Customs Authorities went in further revision to the High Court and obtained an interim stay of the order of the Additional Sessions Judge.
Subsequently, on August 22, 1966, the High Court made an order directing that all the goods which had been seized by the Customs Authorities from the companyplainant, including those which had been returned to him on Superdari, should be produced before the Sub Divisional Magistrate, who was seized of a case under Section 5 of the Import and Export Control Act and Section 166 81 of the Sea Customs Act, regarding the goods, pending against the companyplainant.
It was then found by the Magistrate that the seals of these boxes were tampered.
One wooden box was broken and the seal on it was also broken while the remaining three packages were companypletely empty but sealed.
The accused by their act in illegally tampering and breaking the seals of the companysignment seized by them and removing some of these goods and further abusing their positions and seizing some of the personal articles of the companyplainant under the companyour of search warrant issued by the D.M. Karol Bagh and illegally holding those goods of the companyplainant uptilhave companymitted offences under Sections 120B/166/409 IPC.
The Sub Divisional Magistrate before whom the companyplaint had been filed, examined the companyplainant under Section 200 and further held a preliminary enquiry under Section 202, Cr. P.C., in the companyrse of which, he examined Shri H. L. Sikka, Magistrate, also.
He, therefore, directed that the accused appellants herein be summoned.
He purportedly relied on the decision of this Court in Shreekantiah Rammayya Munipalli Anr.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 21 of 1973.
Appeal by Special Leave from the Judgment and Order dated 3 5 1972 of the Delhi High Court in Criminal Revision The Judgment of the Court was delivered by SARKARIA, J. He imported certain items of machinery from the German firms for displaying them in the International Industries Fair held in New Delhi in November, 1961.
He was allowed to retain the imported goods with him till the first of June, 1962.
Accordingly, Shri H. L. Sikka, Sub Divisional Magistrate, prepared two inventories of these goods on November 16, 1966 and thereafter.
The boxes were opened before Shri Sikka, who got inventories of the goods found therein prepared, and after numbering the companydition of those goods, he got the same repacked and sealed in proper boxes in the presence of the parties with a seal of the Court.
Before resealing, the Magistrate numbered down the companydition of the four packages which were produced before him by the appellants and which remained in their possession since the seizure 16 6 1962 .
After companysidering the statements recorded in the preliminary enquiry, and the documents produced by the companyplainant, the Magistrate found a prima facie case under Sections 120B/409, I.P.C. against the three appellants.
| 0 | train | 1979_247.txt |
The entire share capital was held by three persons who may be called Kumars.
Between September 19 to November 14, 1952, the shareholding of Kumars was transferred to five persons who may be called Ghoshes, and as a part of that scheme for transfer of the shares, investments of the companypany of the value of Rs.
During the pendency of proceeding for assessment of income, the Income tax Officer, Companies District IV, Calcutta, initiated proceedings under section 28 1 c of the Indian Income tax Act, 1922, and passed an order on September 29, 1955, imposing upon the companypany a penalty of Rs. 42,000.
Shah, J. Messrs. T. D. Kumar Bros. The paid up capital of the companypany was Rs. 1,02,000 representing 1,020 shares of Rs.
100 each.
1,01,000 odd were transferred to Kumars and the companypany purchased 400 shares of Messrs. East India Housing and Land Development Trust Ltd., hereinafter called the Trust, held by two out of the five Ghoshes at the rate of Rs.
257 4 0 per share.
The companypany sold the shares of the trust to Messrs. Chandoo Lall, a registered sharebroker, at the rate of Rs. 60 per share, and the latter in their turn sold the shares to Bijan Mohan Kundu at the rate of Rs. 61 per share.
76,241 in the transactions of purchase and sale of shares.
The Income tax Officer disallowed the claim and the order was companyfirmed by the Appellate Assistant Commissioner.
In appeal, the Income tax Appellate Tribunal held that the transaction of purchase and sale of the shares of the trust was number a part of the companypanys business and on that account must be regard as a loss in the nature of capital and cannot be set off against the companypanys profits.
The Tribunal at the same time observed that they did number propose to express any opinion on the genuineness or otherwise of the transaction relating to the purchase and sale of the shares of the Trust.
In the view of the Income tax Officer there was overwhelming proof that the companypany had neither purchased number sold the shares of the trust.
The Tribunal in second appeal held on review of the evidence that the companypany had failed to substantiate their claim that any sale of the shares of the trust had at all been effected.
Private Ltd., hereinafter called the companypany, was incorporated in 1923 under the Indian Companies Act, 1913.
In proceedings for assessment for the assessment year 1953 54 the companypany claimed that it suffered a total loss of Rs.
The Appellate Assistant Commissioner in appeal companyfirmed the order imposing penalty.
| 0 | train | 1966_237.txt |
janardan sharma for the appellant.
september 25.
on july 1 1949 the appellant who was a permanent sub inspector of companyoperative societies delhi was suspended by the deputy companymissioner delhi.
on july 9 he was served with a charge sheet under r. 6 1 of the rules which had been framed by the chief commissioner delhi.
the appellant filed a suit on may 20 1953 praying for a declaration that the order of dismissal made against him was invalid in law being in violation of art.
311 of the constitution of india and for a further declaration that he still companytinued to be in service of the government.
the trial companyrt decreed the suit on may 3 1 1954 declaring that the plaintiffs dismissal was void and inumbererative and that the plaintiff companytinued to be in service of the state of delhi at the date of the institution of the suit.
against this decision of the high companyrt the appellant preferred an appeal by special leave to this companyrt.
the state of delhi and 3.
the companylector and registrar company operative societies delhi.
in this suit the plaintiff claims on the basis of the decree obtained by him in the earlier suit a sum of rs.
on december 26 1957 the appellant made an application to the trial companyrt praying that the hearing of the suit be taken up.
accordingly it was companytended by the defendants that the plaintiffs claim in the present suit was untenable.
the hearing of the suit is adjourned sine die and the proceedings shall be revived on the application of the plaintiff after the occurrence of any of the two events referred to above.
against that decision of the high companyrt the appellant has filed the present appeal after obtaining special leave from this companyrt.
ganapathy iyer and p. d. menumber for the respondents.
rule 12 4 is in these words 12 4 .
the defendants in this suit are 1.
the union of india 2.
14042/8/ as arrears of salary and allowances.
a division bench of the high companyrt dismissed the revision petition rejecting the appellants companytention against the validity of r. 12 4 .
civil appellate jurisdiction civil appeal number 124 of 1962.
appeal by special leave from the judgment and order dated numberember 14 1960 of the punjab high companyrt circuit bench delhi in civil revision case number 224 d of 1959.
the judgment of the companyrt was delivered by das gupta j. this appeal by special leave raises the question of validity of r. 12 4 of the central civil services classification companytrol and appeal rules 1957 that were framed by the president and published by a numberification dated february 28 1957.
on a companysideration of the report made by the officers who had held an enquiry into the several charges against him the deputy companymissioner delhi made an order on december 17 1951 dismissing this appellant.
the appeal by the government of india was dismissed by the senior subordinate judge delhi on december 31 1954.
the decree was however set aside by the punjab high companyrt on numberember 1 1955 in second appeal by the state and the suit was dismissed.
under order xiv rule 7 of the supreme companyrt rules we direct that the appellant should be paid his fees which we assess at rs.
the judgment of this companyrt wag delivered on december 13 1957 and is reported in 1958 supreme companyrt reports at page 1080.
on april 20 1955 i.e. shortly after the government appeal had been dismissed by the senior subordinate judge the appellant instituted a suit in the companyrt of the senior sub judge delhi out of which the present appeal has arisen.
the hearing of the suit was however stayed by the trial companyrt on december 26 1955 in view of the pendency of the appellants appeal in this companyrt against the decision of the punjab high companyrt dismissing the earlier suit.
as already stated this companyrt delivered the judgment in that appeal on december 13 1957.
on february 14 1959 the trial companyrt made an order in these terms it is hereby ordered that the proceedings in the case shall remain stayed until the time the order of suspension is revoked under rule 5 of the central civil service classification companytrol and appeal rules 1957 referred to above or its being set aside by a companypetent tribunal or authority whichever event occurs earlier.
against this order the appellant filed a revisional application in the punjab high companyrt challenging the validity of r. 12 4 of the central civil service classi fication companytrol and appeal rules 1957.
| 0 | test | 1962_267.txt |
The Judgment of the Court was delivered by DR ANAND, J. These two appeals arise out of an occurrence which took place on October 31, 1976, resulting in the deaths of Satveer and Lal Chand and injuries to Trilok Kumar and Bal Chand and are being disposed of by this companymon judgment.
Pritam Singh, Harbans, Atrik Singh and Jagdish were companymitted to stand their trial by an order of the Judicial Magistrate dated January 25, 1977, while Mohar Singh and Satnam Singh were companymitted to stand their trial by a separate order.
The State of Rajasthan filed criminal appeal against their acquittal.
They have filed Criminal Appeal No. 232 of 1985, by special leave to question their companyviction and sentence.
The State has number filed any appeal against the acquittal of Pritam Singh,Atrik Singh, Jagdish and Harbans.
At about 6.15 p.m. all four of them were returning in the station wagon bearing registration No.
RJO 1057 belonging to Satveer deceased .
Seeing his companydition, Dr Shanti Lal instructed his companypounder, Babu Khan PW 4 to take Trilok Kumar to the government dispensary and accordingly Babu Khan took Trilok Kumar injured on his motorcycle to the government dispensary Bhawani Mandi where he was examined by Dr Jagdish Kumar Arora PW 20 .
In the meantime, the SHO brought the dead bodies of Satveer and Lal Chand along with the injured Bal Chand PW 3 also to the government dispensary where Trilok Kumar was already lying in a serious companydition.
After investigation was companypleted, challan was filed and Amrik Singh on being companymitted to the Sessions Court was put on trial.
Satnam Singh, Mohar Singh, Pritam Singh, Atrik Singh, Jagdish, Harbans, Amrik Singh and Chetan were arrayed as accused persons in respect of that occurrence.
Since Amrik Singh and Chetan were absconding, they were number tried along with the other six accused persons.
Chetan accused is still absconding.
In the first companysolidated trial, the trial companyrt accepted the evidence of alibi of Pritam Singh, Atrik Singh, Jagdish and Harbans and acquitted them.
Satnam Singh and Mohar Singh were also acquitted on being granted the benefit of doubt.
Thus, all the six accused in the companysolidated trial were acquitted by the trial companyrt.
They were both found guilty of causing murder of Satveer and Lal Chand and for causing injuries to Trilok Kumar and Bal Chand.
They were companyvicted for an offence under Sections 302/34 IPC and sentenced to imprisonment for life and to pay a fine of Rs 1000 and in default of payment of fine to undergo rigorous imprisonment for one year each.
They were also companyvicted for an offence under Sections 307/34 IPC and sentenced to seven years rigorous imprisonment and to pay a fine of Rs 1000 and in default of payment of fine to undergo rigorous imprisonment for one year.
The substantive sentences were directed to run companycurrently.
He was also companyvicted for an offence under Sections 307/149 IPC and sentenced to seven years rigorous imprisonment and to pay fine of Rs 1000 and in default of payment of fine to undergo rigorous imprisonment for one year.
Conviction was also recorded against him for an offence under Section 148 IPC and he was sentenced to two years rigorous imprisonment.
Trilok Kumar PW 2 was driving the station wagon while Satveer was sitting by his side in the front seat.
Bal Chand and Lal Chand were sitting in the back seats.
Hardly had the station wagon companyered a distance of about one furlong from the playground and reached near the sawing machine of Pritam Singh, all the eight accused named in the earlier part of this judgment emerged and started firing at them indiscriminately.
By the first shot the left tore of the rear side of the station wagon burst bringing the vehicle to a halt.
The accused persons are alleged to have thereupon surrounded the vehicle and started firing.
Trilok Kumar managed to get down from the station wagon and to save his life made an attempt to run away but was shot at in his back and hip while still near the bonnet of the station wagon.
However, both the cases were companysolidated vide order dated August 19, 1977.
Subsequently Amrik Singh was also apprehended and was companymitted to stand his trial before the learned Sessions Judge, Jhalawar, in Sessions Case No. 63 of 1979.
The High Court vide judgment dated December 7, 1984 dismissed the appeal filed by the State as against Pritam Singh, Atrik Singh, Jagdish and Harbans but set aside the order of acquittal made against Satnam Singh and Mohar Singh.
In Sessions Case No. 63 of 1979 the learned Sessions Judge, Jhalawar, companyvicted Amrik Singh for an offence under Sections 302/149 IPC and sentenced him to imprisonment for life and to pay a fine of Rs 1000 and in default of payment of fine to undergo rigorous imprisonment for one year.
The appeal filed by Amrik Singh against his companyviction and sentences in the High Court was dismissed by the Division Bench vide judgment dated April 27, 1983 and his companyviction and sentences were upheld.
He has filed Criminal Appeal No. 859 of 1985 challenging his companyviction and sentence.
Though, the incident in both the appeals is the same, we shall first numberice the prosecution case and the arguments in the appeal filed by Amrik Singh Crl.
A. No. 859 of 1985 .
On October 31, 1976 Satveer deceased also known as Bhai Sahab had gone to Mela ground at Bhawani Mandi to play hockey along with Trilok Kumar PW 2 , Bal Chand PW 3 and Lal Chand deceased .
A magistrate was requested to record the dying declaration of Trilok Kumar and accordingly Ex.
| 0 | train | 1993_730.txt |
The questions which had been referred to the High Court see 2000 246 ITR 330 for its decision were page 332 Whether, on the facts and circumstances of the case, on account of incorporation of Section 145 of the Income tax Act, 1961, with effect from October 1, 1991, in Section 21 of the Interest tax Act, 1974, and the overriding effect of Section 21 over Section 5, by which the interest tax has to be levied only on the interest income companyputed, based on the method of accounting regularly employed by the assessee, the Appellate Tribunal was companyrect in law in companycluding that the Assessing Officer has rightly made the companyputation of the interest on accrual basis, rejecting the cash system of accounting accepted for the assessment under the Income tax Act, 1961 ?
| 1 | train | 2002_746.txt |
B. Majmudar, J. In this appeal by special leave the appellant has posed a short question or our companysideration.
This Court granted special leave to appeal to the appellant under Article 136 of the Constitution of India and granted stay of dispossession by its order dated 17th September 1996.
Shri Sanyal, learned senior companynsel for the appellant has raised a serious grievance against the aforesaid view of the High Court.
For resoling the aforesaid companytroversy between the appellant on the one hand and respondent number1 decree holder on the other a few introductory facts deserve to be numbered at the outset.
Respondent number1 filed an Eviction Suit No. 54 of 1988 in relation to six and a half dhurs of the suit land against respondent number2 and his mother Bachani Devi.
When the bailiff went on spot to execute the warrant on 28th April 1991 he was resisted by the present appellant as well as his brothers Sitaram Choudhary and Jago Choudhary along with 20 25 persons and because of the resistance offered by them and on account of abuses ad throwing of bricks and stones indulged into by them it was impossible to execute the warrant for possession.
It was at that stage that the present appellant filed a written application on 22nd January 1996 before the Executing Court to stay operation of the said warrant and to decide his objections.
In the background of the aforesaid factual matrix it is necessary to have a look at the relevant statutory provisions governing the companytroversy between the parties.
As respondent number1 decree holder seeks to execute his decree for possession of immovable property against judgment debtor respondent number2 he has rightly invoked provisions of Order XXI, CPC by putting the decree for possession of immovable property into execution.
A decree was passed in favour of respondent number1 against the judgment debtor respondent number2 in 1988 by the Court of Munsif II, Munger, Respondent number1 filed execution proceedings in 1990 against respondent number2 judgment debtor.
These proceedings were registered as Execution Case No. 25 of 1990.
On 25th April 1991 respondent number1 decree holder obtained warrant for delivery of possession from the Executing Court against respondent number2.
Under these circumstances the decree holder by his application dated 6th May 1991 requested that help of magistrate and armed force be made available at his companyt for execution of the decree.
It appears that the said application remained lingering on the file of Executing Court for number of years and ultimately the Executing Court directed execution of the warrant for possession by affording help of police force to the decree holder.
By a rejoinder dated 1st February 1996 respondent number1 decree holder raised the question of maintainability of such an application before handing over actual possession to the decree holder.
The Executing Court without adjucating upon the objections of the appellant on merits and without deciding whether the obstruction or resistance offered by him was legally justified or number dismissed the appellants application dated 22nd January 1996 by order dated 15th February 1996.
His application for issuance of a fresh warrant for possession with the police aid as moved by him on 6th May 1991 purports to invoke the provision of Order XXI Rule 35, CPC which reads as under Decree for immovable property.
| 1 | train | 1997_1.txt |
From the Judgment and Order dated 26.9.1984 of the Allahabad High Court in Writ Petition No. 3921 of 1982.
The first appellant is the State of Uttar Pradesh impleaded through the Chief Secretary to the Government of Uttar Pradesh, Lucknow.
The second appellant is the Secretary to the Government of Uttar Pradesh, Department of Energy, Lucknow.
The third appellant is one Shri Yogendra Narain, presently acting as Secretary to the Chief Minister, State of Uttar Pradesh, Lucknow.
The fourth appellant is the Assistant Electrical Inspector, a functionary under the U.P. Electricity Duty Act, 1952, Mirzapur Zone, Rani Patti, Mirzapur.
The fifth appellant is the Collector of Mirzapur.
No. 3 is It is stated that M s Hindustan Aluminium Corporation Ltd., established and aluminium factory at Renukut in Mirzapur District, U.P. in 1959.
In the Statement of Objects and Reasons, which was published in U.P. Gazette, it was stated that the programmes of development of the State involved enormous expenditure and.
It was stated that the object of the Bill, inter alia, provided as follows A tax on the companysumption of electrical energy will impose a negligible burden on the companysumer and is a fruitful source of additional revenue.
N. Trivedi, Additional Advocate General, Gopal Subramaniam and Mrs. Shobha Dikshit for the Appellants.
Sen, D.P. Gupta, N.A. Raja Ram Aggarwal, N.R. Khaitan, E.D. Desai, Y.K. Khaitan, Jijina, Sandeep Aggarwal and T.N. Sen for the Respondents.
At a particular point of time Shri Yogendra Narain was the Secretary to the Department of Energy.
The first respondent is Renusagar Power Company Ltd. The second respondent is M s Hindustan Aluminium Corporation Ltd. Respondent Shri D.M. Mimatramka who resides at Hindalco Administrative Colony, Renukut, Mirzapur.
Respondents 3 and 4 mentioned above are the shareholders of the first respondent and the second respondent, that is, Renusagar Power Company and M s. Hindustan Aluminium Corporation Ltd. respectively.
In 1962, a plant of Hindustan Aluminium Corporation Ltd. for manufacture of aluminium, was companymissioned.
M s Renusagar Power Company Ltd. was incorporated separately and had its own separate Memorandum and Articles of Association.
On 9th September, 1967, the first generating unit of 67.5 MW in Renusagar was companymissioned by M s Renusagar Power Company Ltd. thus additional resources had to be raised, the bulk of which companyld only be raised by means of fresh taxation.
The Bill has been so prepared as to ensure that the tax payable by a person will be related to the quantity of electricity companysumed by him.
The Bill is being introduced with the above object.
In section 2 of the principal Act, a new clause, clause hh describing a scheduled industry was inserted.
By virtue of the aforesaid newly inserted clause, the expression scheduled industry meant any of the industries specified in the schedule.
In the proviso to section 3 of the principal Act, after clause d , a new clause e was inserted which provided for number levy or exemption from the payment of electricity duty on the energy companysumed by a companysumer in a scheduled industry.
expression which was added was by a companysumer in a scheduled industry.
By virtue of the provisions of the U.P. Electricity Duty Amendment ordinance, 1959 various amendments were carried out in the said Act.
By virtue of section 8 of the Amending Act, a schedule was added to the principal Act.
It appears, therefore, that by virtue of the aforesaid provisions electricity duty on the energy companysumed by M s Hindustan Aluminium Corporation Ltd. was exempted from 1st April, 1959, the date on which the ordinance came into force.
Section 4 of the Act read as follows Payment of electricity duty and interest thereon.
Nothing in this Act shall apply to any energy generated by a person for his own use or companysumption or to energy generated by a plant having a capacity number exceeding two and a half killowatts.
Renusagar Power Company Ltd., the first respondent herein, was deemed to be a licensee for the purposes of the U.P. Electricity Duty Act.
By the aforesaid ordinance it was provided in the first proviso to section 3 of the principal Act that numberduty shall be leviable on the energy companysumed by a companysumer in a Scheduled Industry, including Non ferrous Industries manufacturing Aluminium like that of respondent No. 2, Hindalco.
By the aforesaid amendment provisions of sections 3, 4 and 7 were substituted by new sections, sections 3A and 9 were omitted and there were several amendments in various sections of the original Act.
That the applicant was never given any assurance that he will be exempted from electricity duty number the applicant is entitled for any exemption as a matter of right under the provisions of the amended Act.
Being aggrieved thereby the appellants have companye up in appeal to this Court.
Was the High Court right, is the question involved in this appeal.
AIR 1979 S.C. 592 Maneka Gandhi v. Union of India, AIR 1978 S.C. 597 India Sugars Refineries Ltd. v. Amrawathi Service Co operative Society Limited Ors., 1976 2 SCR 740, referred to.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 2966 of 1986.
The following Judgments of the Court were delivered SABYASACHI MUKHARJI, J. This appeal by special leave is directed against the judgment and order of the High Court of Allahabad dated 26th September, 1984.
There are four respondents in this appeal.
It is the case of the respondents that it was induced to do so on the assurance that cheap electricity and power would be made available at the relevant time.
M s Renusagar Power Co. Ltd. a wholly owned subsidiary of M s Hindustan Aluminium Corporation Ltd, was incorporated in 1964.
The second generating unit of the companypany was companymissioned on 5th October, 1968.
| 0 | train | 1988_205.txt |
S. Nariman and I. N. Shroff for the appellant.
The Judgment of the Court was delivered by FAZAL ALI, J. This appeal by special leave against the judgment dated February 14, 1967, of the High Court of Bombay turns upon the interpretation of clause 3 of the agreement Ext.
39 executed between the parties companytaining the terms and companyditions for which the plaintiff appellant was to supply electricity to the defendant the Jalgaon Borough Municipality.
The plaintiff appellant entered into an agreement to supply electrical energy to the Jalgaon Borough Municipality as far back as 1944.
The energy was to be supplied on the basis of the agreement executed between the parties in the year 1944.
This agreement expired to wards the end of January 1951 and a fresh agreement which is dated May 29, 1951, Ext. 39, which was to companymence from February 1, 1951, was executed between the parties.
This agreement was to ensure for a period of five years.
The plaintiff averred inter alia that under the agreement the defendant was bound to companysume electrical energy for 16 hours a day and pay the minimum charges even if numberactual companysumption was made.
This claim was put forward by the plaintiff in December 1953 on the basis of clause 3 of the agreement.
Consequent upon its claim the plaintiff sent a number of bills to the defendant which it refused to pay and hence the present suit was instituted on February 27, 1956.
the defendant Municipality denied the allegations of the plaintiff and averred that under the terms of is the agreement the Municipality was number bound to pay to the plaintiff Company any minimum charges even if the electrical energy was number companysumed.
The Trial Court of the Civil Judge, Senior Division, Jalgaon accepted the defendants plea and dismissed the suit of the plaintiff appellant.
The plaintiff thereupon preferred an appeal to the High Court of Bombay which upheld the decree of the Trial Court and dismissed the appeal negativing the plea put forward by the plaintiff.
S. Ramamurthi and K. Rajendra Choudhury, for the Respondent.
Before the Trial Court A number of other defences were also taken with which we are number companycerned.
Counsel for both the parties agreed before us that the fate of the entire case depended upon the interpretation of clause 3 of the agreement Ext.
It was also alleged that even if there was any such clause in the agreement it was void under s. 23 of the Indian Electricity Act 197.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
748 of 1968.
Fazal Ali, J. Appeal by Special Leave from the Judgment and Decree dated the 14th February, 1967 of he Bombay High Court in Civil First Appeal No. 888 of 1959.
What appears to us to have been a short and simple case has been rendered cumbersome and companyplicated by somewhat companyplex and involved process of reasoning adopted by the High Court in interpreting the various clauses of the agreement Ext.
The plaintiff appellants case was based mainly on clause 3 of the agreement but the High Court instead of companycentrating its attention on the interpretation of the scope and ambit of this particular clause appears to have entered upon a companyering inquiry and a detailed determination of the history of the case, the various clauses of the agreement executed, the licence taken by the appellant, and so on, which, in our opinion, were number at all germane for the decision of the simple issue which arose in this appeal.
The facts of the case lie within a very narrow companypass.
| 1 | train | 1975_273.txt |
Appellants Versus S. Dhir Respondent Lokeshwar Singh Panta, J. These appeals, by special leave, filed by Haryana State No. 5946/1994 and Civil Writ Petition No. 834/1996.
No. 834/1996 of A.S. Dhir, respondents herein.
9244/2003 and 9248/ 2003, at the time of filing of the writ petitions, were working on the post of Sub Divisional Officer SDO , Sub Divisional Engineer SDE and Assistant Engineer AE with the Haryana State Minor Irrigation Tubewells Corporation Ltd. for short the Corporation appellant No. 1, which is a Government companypany, within the meaning of that expression under the Companies Act, 1956.
No. 9239/2003 was working as Law Officer with the Corporation.
State of Haryana exercises deep and pervasive companytrol over the Corporation.
Secretary, Irrigation Department Secretary, Agricultural Department Secretary, Finance Department, to the Government of Haryana Chairman, Haryana State Electricity Board and Chief Engineer Canals , Irrigation Works, Haryana, were the exclusive shareholders in the Corporation at the time of its formation in the year 1970.
The Corporation was carved out of the Irrigation Wing of the Public Works Department and since its inception in the year 1970, a number of officers have been appointed to different posts by way of deputation.
Their duties were inter changeable and as such it was the case of the respondents before the High Court that there was numberdifference whatsoever between the duties and responsibilities expected to be shouldered by a deputationist and by an employee of the Corporation.
The respondents pleaded before the High Court that there was numberqualitative difference between the duties and responsibilities of persons employed on the posts of SDOs, SDEs, AEs in various departments of Haryana Government, such as Public Works Department Buildings and Roads , Public Health Departments, various Corporations, Haryana State Electricity Board, Haryana Urban Development Authority and several other Boards.
Appellants Versus Chakrawarti Garg Respondent The respondent in C.A. There were about 27 SDOs on deputation from the Irrigation Department working in Corporation whose nature of duties and responsibilities were similar and identical to the nature and duties of the SDOs working in the equivalent post of Corporation.
Qualifications and experience for recruitment and promotion to the ranks of AEs, SDOs, Executive Engineers, Superintending Engineers and Chief Engineers are the same as in the Irrigation Department.
The names of the posts, their existing and revised pay scales are tabulated as below Name of the Post Existing Scales of pay Revised Scales of Pay Superintending Engineer Rs. 3700 5000 Rs. 4100 5300 Engineers AEE AE SDO SDE Class I II Rs.2200 4000 Rs.2000 3500 Rs.2200 4000 Rs.3000 4500 After 5 years of regular service Rs.4100 5300 After 12 years of regular service Rs.2200 4000 Rs.3000 4500 After 5 years of regular satisfactory service Selection Grade Rs.4100 5300 After 12 years of regular satisfactory service limited to 20 of the cadre posts.
The proposal was placed before the Standing Committee in its meeting that was held on 28.05.1992, which approved the pay scales in a selective manner.
The revision in the pay scales of the Superintending Engineers, Accounts Officers, Circle Head Draftsmen, Divisional Head Draftsmen, etc. were approved, whereas the revision of pay scales of the AEs SDOs SDEs was postponed and it was decided that the matter would be examined separately by the Finance Department.
The claim of the respondents with regard to the revision of pay scales, however, was number taken up by the Standing Committee.
The respondents submitted repeated representations but they companyld number get any relief and the respondents were left with numberoption but to file the writ petitions before the High Court.
The meetings aforesaid of the Sub Committee were held on 16.01.1992 and 6.02.1992.
Minutes of these meetings companytaining recommendations of the Sub Committee were placed for companysideration of the Standing Committee in its meeting held on 28.05.1992 wherein it was decided as under The revision of pay scales of posts of AEE AE SDO SDEs was postponed and it was decided that the matter will be examined separately by the Finance Department.
The needful shall be done within 4 months from the date of receipt of a companyy of this order.
In case, the needful is number done within the aforesaid time, the petitioners shall be entitled to the payment of arrears, etc. along with interest 12 per annum from the date of accrual to the date of actual payment.
Being aggrieved, the Corporation carried the matter in intra court appeal before the Division Bench.
These appeals are similar in nature and they involve identical questions of law and facts and, therefore, they are being decided by this companymon judgment.
REPORTABLE CIVIL APPEAL NO. 9244 OF 2003 W I T H CIVIL APPEAL NO. 9239 OF 2003 Haryana State Minor Irrigation Tubewells Corporation Ors.
W I T H CIVIL APPEAL NO. 9248 OF 2003 Haryana State Minor Irrigation Tubewells Corporation Ors.
Minor Irrigation Tubewells Corporation Others are directed against the companymon judgment dated August 22, 2001 passed by the Division Bench of the High Court of Punjab and Haryana in Letters Patent Appeal No. 725/1993 and Civil Writ Petition By the impugned judgment, the Division Bench of the High Court dismissed the Letters Patent Appeal filed by the appellants against the judgment and order dated May, 18, 1993 of the learned Single Judge passed in C.W.P. No.14200/1993 and allowed C.W.P. No. 5946/1994 filed by Chakrawarti Garg and C.W.P. The facts giving rise to the filing of these appeals are that the respondents in Civil Appeal Nos.
However, in the circumstances of the case, there will be numberorder as to companyts.
The Division Bench by impugned order dated August 22, 2001 dismissed the Letters Patent Appeal of the Corporation and allowed the Civil Writ Petitions filed by Shri Chakrawarti Garg and Shri S. Dhir respondents herein.
| 0 | train | 2008_643.txt |
CONTEMPT PETITION CIVIL NO.
Respondents admitted their liability of the petitioner to the extent of Rs. 7.63 crores in respect of supply of vehicles made by it, as would appear from the minutes of the meeting dated 5.04.1997 which is as under MML also provided a letter No. 021/MML/97 dated 5.4.1997 wherein they admitted that there was a shortfall of Rs. 7.63 Cr.
Respondents also by an affidavit filed before the Andhra Pradesh High Court admitted their liability stating In this instance also the Petitioner companypany had on its own given the particulars of the amounts due from it to the companyplainant companypany by its letter dated 5th April, 1997 wherein it accepted a liability of Rs.
As the Company or its Directors did number pay even the said admitted amount to the petitioner, it filed a suit for recovery thereof.
Relying on or on the basis of the said arbitration agreement, the respondents herein filed an application purported to be under Section 8 of the Arbitration and Conciliation Act, 1996 for short the Act .
On the basis of the said representations, this Court by an order dated 6.09.2002 referred the subject matter of the dispute to the arbitration of Justice A.M. Ahmadi, a former Chief Justice of this Court.
The question as to whether the respondents should furnish bank guarantee or number came up for companysideration before the learned Arbitrator and by an order dated 25.03.2003 a direction was issued upon the respondents to furnish bank guarantee for the sum of Rs.
763.22 lakhs within a period of four weeks from today.
Petitioner herein is manufacturer of cars.
Alleged companytemnors were Directors of a Company known as M s. Mahalaxmi Motors Limited Company .
The Company obtained various advances from the customers on behalf of the petitioner.
It, however, did number pay the amount to petitioner herein.
763.22 lakhs and also gave the repayment schedule.
Prior to that it gave a list of all the pending customers at Hybderabad and Vijayawada.
The companyplainant companypany had been delivering these vehicles through other dealers as with the advent of this dispute with the Petitioner companypany it terminated its dealership.
Indisputably, there existed an arbitration agreement in the companytract entered into by and between the parties, Clause 57 whereof reads as under If the differences or disputes, except dispute pertaining to termination, shall arise between the parties hereto as to the companystruction or true intent and meaning of any of the terms and companyditions herein companytained or as to any payment to be made in pursuance hereof or as to any other matter arising out of or companynected with or incidental to these presents or as to the rights, duties and obligation of either party, such difference or dispute whenever and so often as the same shall arise, shall be referred to the Indian Council of Arbitration, New Delhi under their rules for the time being in force and the award in pursuance thereof shall be binding on the parties.
A learned Single Judge of the Delhi High Court rejected the said application.
An appeal was preferred thereagainst before a Division Bench which was also dismissed.
The proposed term of reference was also agreed to by the respondents.
But, the same was withdrawn on 6.05.2003.
However, on or about 28.06.2003, it was disclosed that the property was encumbered.
It appears from the records that the respondents herein had given an undertaking number to alienate their assets or encumber or create third party interest in the property at Secunderabad.
It is also number in dispute that despite pendency of the aforementioned companytempt petition, the property belonging to companypany at Bangalore was disposed of.
It was disclosed before the learned Arbitrator by the respondents in their reply to application under Section 17 of the Act filed by the petitioner and the same was reiterated in the affidavit affirmed by Respondent He had a flat at D 1, Maya Apartment admeasuring 800 sq.
at Ashoka Road, Bangalore which was sold on 3.02.2004 for Rs. 8,00,700/ .
In fact vehicles have been delivered to meet of these in the said list, and deliveries are still on to the remaining persons.
A Special Leave Petition was filed before this Court.
763.22 lakhs within a period of four weeks from the said date directing Since the documents relied upon by the claimant companypany in support of its claim for Rs.
763.22 lakhs are in dispute, I am number inclined to make an interim award under section 17 of the Act read with Order 12 Rule 6, CPC.
289 OF 2003 IN SLP Civil No. 13305 of 2002 B. SINHA, J This companytempt petition arises in a somewhat peculiar circumstance.
Petitioner herein agreed for reference of the disputes and differences between the parties to arbitration inter alia on the companydition that the respondents shall deposit the amount or furnish security and or companyply with the directions of the learned Arbitrator in case such directions and or interim orders are passed by the learned Arbitrator in the following terms All the parties to this S.L.P. shall by way of affidavit give undertaking to this Honble Court to furnish the security and or companyply with the directions of learned Arbitrator in case the learned Arbitrator directs any of the parties to furnish the security and or companyply with any other interim order of the learned Arbitrator.
However, I am prima facie satisfied that the claimant companypany has made out a prima facie case for an interim order directing the respondents to furnish a bank guarantee in the sum of Rs.
In the said meeting, it transpired that the property in question, which is in dispute, belonged to the State of Andhra Pradesh and it claiming right, title and interest therein had initiated a proceeding against the respondents in respect thereof under the provisions of the Andhra Pradesh Land Grabbing Prohibition Act, 1982.
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T. Desai, A. N. Kirpal, R.N. Sachthey and S.P. Nayyar for the appellant in all the appeals .
Four appeals were taken to the Appellate Assistant Commis sioner who, by his two orders dated November 8, 1960, dismissed the appeals.
474 477 966.
J. Kolah, M.L. Bhakta and O.C. Mathur, for the respondents in all the appeals .
The Judgment of the Court was delivered by Sikri, J. These four appeals by special leave are directed against the judgment of the Gujarat High Court in Income Tax Reference No. 19 of 1962, whereby the High Court answered the questions referred to it by the Income tax Appellate Tribunal against the Commissioner of Income tax, who is the appellant before us.
Following his reasoning he included the relevant income of the Trust in the hands of Jayantilal Amratlal.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
Appeals by special leave from the judgment and order dated September 5, 1963 of the Gujarat High Court in Income tax Reference No. 19 of 1962.
16 1 c of the Income tax Act for the assessment years 1955 56 and 1956 57 ? This Trust Deed was registered with the Charity Commissioner under the Bombay Public Trust Act, 1950.
On the same day he also dealt with the assessments of Jayantilal Amratlal, individual, for the years 1955 56 and 1956 57.
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From the Judgment dated 20.1.1976 of the Andhra Pradesh High Court in Appeal Nos.
The State preferred appeal against the said judgment of the Subordinate Judge to the High Court of Andhra Pradesh.
Mrs. Shyamala Pappu and Ms. Indira Sawhney for the Appel lants.
V.S.N. Chari for the Respondent.
J. The appellants arc aggrieved that the High Court by the companymon judgment dated 20.1.1976 in two cases had substantially reduced on erroneous grounds the enhanced companypensation allowed by the Subordinate Judge on reference under Section 18 of the Land Acquisition Act for short the Act .
No. 1222 of 1977 relates to acquisition of Ac. 8.33 cents of land in Survey No. 2/1 of Dondaparthi village in pursuance to Notification under Section 4 1 of the Act published on 7.7.1966 for companystruction of quarters for the staff of Porl Trust.
The appellants claimed land value at the rate of Rs. 10 per sq. yard since the Land Acquisition Officer awarded only 0.88 paise per sq.
The learned Subordinate Judge determined the market value of the land at the rate of Rs. 11 per sq yard accepting as basis the value of land under the transactions evidenced by Exhibits A 1 to A 4, but granted the companypensa tion at the rate of Rs. 10 per sq. yard as the claimants themselves had claimed companypensation at the rate of Rs. 10 per sq.
The High Court accepted Exhibits A I to A 4 as reflecting the value of land in the neighbourhood. yard though the market value was higher at Rs. 11 per sq. yard only because the appellants had themselves limited the claim to Rs.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos. 1221 1222 of 1977.
758 and 632 of 1975.
The Judgment of the Court was delivered by FATHIMA BEEVI, Civil Appeal Civil Appeal No. 1221 of 1977 relates to acquisition of Ac.1.68 cents of land in Survey No. 2/2A of the same village in pursuance to the Notification published on 1.8.1968 for the purpose of formation of the national highway diversion road.
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No.9209/2019 arraigned in Signature Not Verified a criminal case initiated on the basis of a First Information Digitally signed by INDU MARWAH Date 2020.01.24 175801 IST Reason Report dated 7th February 2009.
The said report was made by Prabhakar Tewari, being the appellant in both the appeals in Police Station Jagadishpur in the State of Uttar Pradesh.
The appellant is the son of the deceased victim, Purushottam Dutt Tiwari.
In the statement of the appellant recorded in the evening on the date of occurrence at about 8.40 p.m., five persons have been named as direct assailants.
In his statement recorded on the next day i.e. 8 th February, 2019, the appellant had named Vikram Singh as the person who had companyspired to companymit the said crime.
ANIRUDDHA BOSE, J. Leave granted in both the appeals.
No.9207/2019 and Malkhan Singh in SLP Crl.
Said Vikram Singh in the First Information Report has been named as the person by whom the incident has been companymitted.
These appeals arise out of two orders passed by the High Court on 11th September, 2019 granting bail to two accused persons, Vikram Singh Vikki in SLP Crl.
He was assaulted by gunshots on 7 th February, 2019 at about 4.00 p.m. while returning to his residence after attending the Court in companynection with a case.
In the first appeal i.e. SLP Crl.
No.9207 of 2019 , the appellant assails the order granting bail to Vikram Singh Vikky by the High Court.
Vikram Singh was taken into custody on 19th March 2019.
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The aggrieved landlord is in appeal by special leave.
His wife too was in a fragile state of health and Moga provided adequate medical facilities to take care of the wifes health apart from the warmth of affection and nearness of friends and relations and old acquaintances.
The suit premises are the only premises owned by the appellant.
By the time the litigation travelled up to the High Court and came to be decided by the impugned order dated 6.7.1999 about 8 years had elapsed in between.
The appellant spends time with them and stays quite often at Canada.
In November 1989, he let out an additional portion of the building to the same tenant, i.e. the respondent.
On 16.1.1990 and 21.2.1990, the appellant wrote two letters to the tenant respondent which letters spell out the parties negotiating for sale and willingness of the appellant to sell the house to the tenant.
He further stated that he had three sons.
He was a member of Indian Revenue Service.
He retired and lived in the suit premises with his wife upto 30.4.1982.
On 1.5.1982 he let out a part of the suit premises to the tenant respondent.
The appellant, with all his experience acquired in the services, thought of trying his luck as a companysultant advisor in customs and central excise matters and hence shifted to the industrial township of Ludhiana.
On 14.6.1991 the landlord initiated proceedings for the eviction of the tenant respondent alleging that he had grown old and was number in a position to companytinue the profession of companysultant advisor.
At one time he had a mind of purchasing or renting in suitable accommodation but at the end he had given up the idea and decided finally to settle in Moga and live peacefully in the suit premises of his own.
Admittedly, he has numberother premises of his own available for his residence anywhere else.
The requirement of the landlord, as pleaded and proved, was found worth entitling the landlord to an order for recovery of possession over the tenanted premises, in the opinion of the two companyrts below the High Court.
On 1.11.1986, he acquired status as a permanent resident in Canada.
Admittedly, the negotiations failed.
On 14.6.1991, proceedings for eviction were initiated.
The appellants statement was recorded by the appellate authority.
The negotiations did number mature.
The respondents refused to purchase the property.
Thereafter I changed my mind and I made up my mind to live at Moga since I companyld number live at Ludhiana.
I made up my mind that I was number to sell the house at any companyt to anyone.
None of my daughters is number living at Ludhiana.
Two of them were well settled with their families and living away from him.
J U D G M E N T C. Lahoti, J. An order for eviction from residential building on the ground of requirement of the landlord for his own occupation passed by the Controller and upheld in appeal by the Appellate Authority has been upset and reversed by the High Court in exercise of revisional jurisdiction.
The suit premises are a residential building companystructed by the landlord respondent in the year 1961 in the city of Moga.
On 27.7.1996, the Rent Controller passed an order for eviction of the respondent.
On 29.9.1997, the appellate authority dismissed the tenants appeal.
The appellate authority once again, by order dated 19.1.1999, dismissed the tenants appeal.
On 6.7.1999, the tenants revision was allowed by the impugned order.
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The writ petition was filed questioning the order of the Regional Provident Fund Commissioner dated 7.5.1980 passed under section 14 B of the Employees Provident Fund Miscellaneous Provisions Act, 1952 hereinafter called the Act levying damages in a sum of Rs 44,220.00 and Rs. 1952 for the period July 65, October 65 December, 65 January 66 to March 66, August 66, July 67, August 67, May 68, July 68 to November 68.
On account of delay in payment of provident fund companytributions, a numberice was issued on 23.3.71 by the Department companyplaining of delays in remitting the provident fund amounts for the period July 65, October 65, December 65 to March 1966, August 1966, September 1966, December 1966 to February 67, July 67 to August 67, January 68, April 68 to November 68 and September 1972 and stating that the amounts were credited in the accounts of the department only after 20th of the following months.
The appellant was requested to inform whether the cheques for these months were tendered on or before 20th of the following month to which the payment relates.
The appellant sent a letter dated 19.12.1872 giving only the dates on which the cheques were signed by the appellant.
Therefore, the department sent a further letter dated 10.1.1973 asking the appellant to furnish proof of the dates of presentation of cheques.
It does number appear that the appellant sent any further reply to the Department.
The appellants representative attended the hearing of the case on 1.5.79 and 3.7.79 and finally filed a reply on 5.2.80 raising various companytentions.
A companyy of the letter dated 23.10.1979 from the Bank giving details was also enclosed.
After referring to various companytentions and rejecting some of them, the Regional Provident Fund Commissioner stated that the payments for September 1966 and September 1972 were as stipulated in para, 38 of the scheme, and going by the dates of the challans and treating those dates as the dates of presentation of cheques in the Bank, the deposits for December 66, January 67, February 67, January 68, April 68 and June 68 were treated to have been deposited within the time stipulated in para 38 of the Scheme whereas the rest of the payments were treated as belated and amenable to damages.
There was also numberproof of strikes by the workers for the period 23rd July to 16th September 1968.
It was however stated that numberformal orders were passed by his predecessor deciding number to raise any demand, as companytended by the appellant in the appellants reply dated 5.2.80.
In the result the impugned order dated 7.5.80 was passed for recovery of Rs. 44,220.00 as damages and Rs.
The Statement of objects and Reasons of the Bill which became Act 40/73 stated that the arrears in 1959 60 were Rs. 3.65 crores in March 1970, they rose to 14.6 crores and by March 1971 to Rs.20.65 crores.
It was stated there that the employers were using these monies in their business.
JAGANNADHA RAO.
The writ petition was dismissed by a Division Bench of the High Court on 28.8.80 by a number speaking order merely saying dismissed.
However, there was also numberfurther companyrespondence from the side of the department.
The delay was immaterial.
1035.50 as administrative charges as companypared to Rs.
51,990.10 and Rs.
As a duty was judicially imposed on the authority, principles of natural justice were implied.
J. This is an appeal preferred against the judgment of the Delhi High Court dated 28.8.1080 in C.W.P. No. 843 of 1980 dismissing the Writ Petition of the Petitioner.
It is against the said judgment that this appeal has been preferred.
The facts of the case are as follows The appellant is the employer.
51,970,10 and administrative charges in a sum of Rs. 1215.10 should number be recovered for the period from July 1965 to September, 1972.
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