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69,383 for damages had crystallised in the accounting period relevant to the assessment year under companysideration ? The Allahabad High Court by its impugned judgment dated January 28, 1980, has answered the said questions against the assessee and in favour of the Revenue.
Whether the claim of the assessee for damages companyld be held to be an allowable deduction companyputing the assessees income liable to assessment for the year under companysideration ? Nos.
Hence, this appeal.
While granting special leave to appeal the appeal has been companyfined to questions
| 1 | train | 1997_55.txt |
P.KURDUKAR, J. This criminal appeal on obtaining special leave is filed by the appellants who are original accused Nos. 3 and 4 respectively.
The High Court vide its judgment and order dated March 13/14, 1991, accepted the appeal of A 1, A 2 and A 5 and acquitted them of all the charges however, the companyvictions of A 3 and A 4 under Sections 120 B, 302/120 B IPC for two murders , were altered to Section 302/34 IPC for companymitting the murder of Umesh Shetty and Shankar It was stated that he had a big following having a companysiderable influence of shiv Sena at Lonavala city and adjoining area which was number appreciated by A 5 who happened to be the leader of Maratha Mahasangh of Lonavala city.
It was alleged by the prosecution that A 1 to A 4 belonging to the group of A 5 hatched a companyspiracy to cause murder of Umesh Shetty with a view to curb the influence of shiv Sena in that region.
More and Sham Sule PW 15 in his fiat car bearing registration No.
Another auto rickshaw bearing No. MHQ 1735 was parked near hotel Eltaj.
MHQ 1735 which was driven by A 1 and fled away towards Lonavala side.
She further stated that injuries on Umesh Shetty and Shankar More were bullet injuries.
While identifying A 3 and A 4, he stated that one was wearing a red companyour and another yellow companyour jerkins.
He further stated that A 4 also fired at him but he warded off the said attack and while doing so got the injury on his waist.
These two appellants alongwith three accused acquitted were tried for offences punishable under Sections 120 B, 302/120 B, 307/120 B of the Indian penal companye or in the alternative under Sections 302, 302/34, 307, 307 read with Section 34 of the Indian Penal Code.
A 4 was also tried for an offence punishable under Section 27 of the Arms Act.
The Addl.
Sessions Judge, Pune, by his judgment and order dated 24th March, 1988, companyvicted all the five accused for an offence punishable under Section 120 B of Indian Penal Code and sentenced each one of them to undergo imprisonment for life they were also companyvicted under Sections 302/120 B of the Indian Penal Code for causing death of Umesh Shetty and each one of them was sentenced to undergo life imprisonment they were also found guilty under Sections 302/120 B of the Indian Penal Code for causing death of Shankar More and were sentenced to undergo imprisonment for life they were further companyvicted under Sections 307/120 B of the Indian Penal companye for the offence of attempt to companymit murder of Sham Sule PW 15 and each one of them was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.
5001/ each in default to undergo RI for one year.
A 4 Deshrathaing Koksing Tomar was companyvicted under Section 27 of the Arms Act and sentenced to suffer RI for five years and to pay a fine of Rs.
100/ in default to undergo further RI for six months.
All the substantive sentences were ordered to run companycurrently.
More two companynts and sentences of imprisonment for life maintained.
Their companyviction and sentence under Sections 307/120 B IPC were upheld.
A 4 was also companyvicted under Section 27 of the Arms Act, but, numbersubstantive sentence was awarded.
The prosecution story at the trial was as under Khandala, a hill station in Pune district is a very popular holiday resort during Monsoon.
Umesh Shetty was said to be a sympathiser of Shiv Sena whereas A 5 was the President of rival organisation called Maratha Mahasangh Maval Tehsil.
He also happened to be Municipal companyncilor of Lonavala Municipality.
A 2 is his real brother who was running a companyntry liquor shop near Saibaba Temple outside Railway station, Lonavala, which is situated at a distance of about 4/5 kilometers from khandala.
A 1 was the rickshaw puller residing at shriram Hutment Area, Gavaliwada, Lonavala, A 3 and A 4 at the relevant time were working in he liquor shop run by A 2 and were residing at Ashok Hutment Area, Lonavala.
The prosecution examined in all 24 witnesses and also produced documentary evidence to substantiate the charges.
There was numberserious challenge to her evidence and we see numberhesitation in companyfirming the finding of the companyrts below that Umesh Shetty met with a homicidal death.
Being aggrieved by the judgment and order passed by the Addl.
Sessions Judge, Pune, the accused persons preferred Criminal Appeal No. 379 of 1988 to the High Court at Bombay.
The appellants, being aggrieved by the judgment and order passed by the High Court has filed this appeal to this companyrt.
The shooting resulting into two deaths, namely, of Umesh Shetty and Shankar More occurred on July 17, 1986 at about 11.50 a.m. at Khandala when it was drizzling.
This message, however, was number passed on to Umesh Shetty.
A 4 wearing red companyour jerkin then took out the revolver pistol and fired shots at Umesh Shetty first and then at Shankar More who sustained bleading injuries and companylapsed in the car.
While doing so, he sustained one bullet injury on his right waist.
The statement of the injured Sham Sule PW 15 was recorded by PI Joshi on 18th July, 1986.
A 2, A 3 and A 4 came to be arrested on 28th July, 1986 near Poon shop at Swargate area of Pune city.
A 5 was arrested on 1st August, 1986.
The entire case against them was companyked up one.
While assailing the evidence of I. parade, Mr. Kohli urged that although the accused were arrested by 26th July, 1986 and such a delayed T.I. parade be number accepted.
| 0 | train | 1996_1671.txt |
From the Judgment and Order dated 17.5.1983 of the Patna High Court in Criminal Misc.
J The appellants on the relevant date, were managing director and directors of a Public Limited Company registered as M s Bihar Cable and Wire Industries Limited hereinafter referred to as the Company .
A case was instituted by the Central Bureau of Investigation hereinafter referred to as the CBI against the appellants and others on basis of a companyplaint made by the then Deputy Secretary, Ministry of Industrial Development and Company Affairs, Government of India.
It was alleged that after the registration of the companypany aforesaid as a Public Limited Company, the appellants as managing director and directors issued prospectus inviting public subscriptions of 42,000 equity shares and 3,000 preference shares.
N. Misra, Manish Misra and P.C. Kapur for the Appellants.
Mrs. K. Amareswari, C.V.S. Rao, A.D.N. Rao and S.N. Jha for the Respondents.
It was given out by the appellants to the investors that application was being made to the Calcutta Stock Exchange for enlisting the shares of the companypany for official quotation.
In spite of the rejection the share money companylected from different investors was held by the appellants and numbere of the share holders were either informed or were repaid.
The circumstances were pointed out in the companyplaint made to the CBI as to how the acts of the appellant, clearly indicated their dishonest intentions to companyvert the share application money for their own benefit, and as such they had companymitted the offence under section 409 read with section 405 of the Penal Code.
After investigation of the allegations made in the companyplaint aforesaid the CBI submitted a chargesheet against the appellants along with some others for their trial for the offence under section 409 of the Penal Code.
When the Special Judicial Magistrate, CBI Cases, Patna, rejected the prayer of the appellants to discharge them, validity of that order was questioned by filing an application under section 482 of the Code of Criminal Procedure.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos.
375 376 of 1985.
1931/83 and 9240 of 1982.
The Judgment of the Court was delivered by P. SINGH.
Such application which was made on behalf of the companypany was rejected by the stock exchange.
| 0 | train | 1993_790.txt |
Appeal from the judgment and order dated August 3, 1953, of the Punjab High Court in Civil Reference No. 7/1952.
C. Setalvad, Attorney General for India, K. N. Rajagopal Sastri and D. Gupta, for the appellant.
July 27.
The Judgment of the Court was delivered by K. DAS J. This is an appeal on a certificate of fitness granted under the provisions of sub s. 2 of s. 66A of the Indian Income tax Act, 1922, by the High Court of Judicature for the State of Punjab then sitting at Simla.
The certificate is dated December 28, 1953, and was granted on an application made by the Commissioner of Income tax, Punjab, appellant herein The relevant facts are shortly stated below.
The assessee claimed that the said amount of Rs. 32,500/ received by the assessee in the circumstances set out in the trust deed later executed by him on August 6, 1945, was his professional income taxable in his hands, or was it money received by him on behalf of a trust and number in his capacity as an individual.
The appellant then moved the High Court and obtained the certificate of fitness referred to earlier in this judment.
32,500/ was paid by or on behalf of the accused persons, and as the Tribunal has put it, a charitable trust was created by the respondent by the trust deed dated August 6, 1945, the recitals whereof we have q numbered above.
Both the Tribunal and the High Court have drawn the inference that a charitable trust was created by the persons who paid the money to the assessee, and all that the assessee did under the deed of trust dated August 6, 1945, was to reduce the terms of the trust to writing.
C. Chatterjee and S. K. Sekhri, for the respondent.
This sum included the amount of Rs.
32,500/ was number a part of his professional income, because the amount was given to him in trust for charity.
Both these officers held that the assessee had received the amount of Rs.
Keeping in mind the express stipulation made by the assessee when he accepted the brief there was a voluntary trust created, which had to be and was subsequently reduced into writing after the money was subscribed.
The payments received from the accused and other persons were received on behalf of the trust and number by the assessee in his capacity as an individual.
In this view, we delete the sum of Rs.
32,500/ from the assessment.
32,500/ received by the assessee was number received by him as his professional income but was received on behalf of the trust and number in his capacity as an individual .
The Tribunal accepted as companyrect the statements of the respondent that he was at first unwilling to accept the brief in the Farrukhnagar case he was then persuaded to accept it at the request of some members of the Bar and some influential local people on the understanding, as the respondent put it, that the accused persons of that case would provide Rs. 40,000/ for a charitable trust which the respondent would create.
The question before us is what is the proper legal inference from the aforesaid facts found by the Tribunal.
32,500/ was received by him.
The appellant then moved the Tribunal for stating a case to the High Court on the question of law which arose out of the order of the Tribunal.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 236 of 1955.
For the assesment year 1946 47, one Pandit Thakurdas Bhargava, an advocate of Hissar and respondent before us, was assessed to income tax on a total assessable income of Rs.
58,475/ in the account year 1945 46.
32,500/stated to have been received by the respondent in July, 1945 for defending the accused persons in a case known as the Farrukbnagar case.
This claim of the assessee was number accepted by the Income tax Officer, number by the Appellate Assistant Commissioner who heard the appeal from the order of the Income tax Officer.
From the order of the Appellate Assistant Commissioner a further appeal was carried to the Income tax Appellate Tribunal, Delhi Branch.
| 1 | train | 1960_254.txt |
This order will be subject to the following companyditions The petitioner will appear before the officer companycerned of the CBI or any other government agency whenever required in companynection with any crime or matter under investigation.
The impugned orders have been made by a learned Single Judge Mohd.
1997 2 SCR 513 The Order of the Court is as follows Special leave granted These appeals by special leave are against the orders dated 20 1 1997 and 14 2 1997 passed by the Delhi High Court.
These orders are a sequel to the order dated 18 12 1996 passed in Criminal Misc.
3039 of 1996 passed by S. K. Mahajan, J. That order was passed by the learned Judge on an application for anticipatory bail made by the respondent.
For the present purpose it is sufficient to state that the Central Bureau of Investigation required production of certain documents and being dissatisfied with the response of the respondent, gave a numberice on 18 1 1997 to the respondent, the material part of which reads as under It may please be treated as three days advance numberice in companypliance to the Order dated 18 12 1996 of the Honble High companyrt of Delhi in Criminal Misc.
Main No. 3039 of 1996.
| 1 | train | 1997_203.txt |
It is, accordingly, that party respondent No.3 hereinafter referred to as the writ petitioner filed SWP No.2186 of 2001 before the Court.
This led to the filing of a writ petition by the second appellant.
A writ petition was filed challenging the appellants appointment on the same ground.
The present appeal arises from a writ petition filed by another person, namely, party respondent in these appeals Shri Harvinder Singh.
On 01.07.1997, an advertisement was published for the post of Junior Engineers Elect Grade II in the State of Jammu and Kashmir.
No appeal was filed against the order.
However, another Writ Petition came to be filed questioning the selection of 33 respondents on the very same grounds.
M. JOSEPH, J. Signature Not Verified Digitally signed by 1.
SANJAY KUMAR Date 2019.01.22 160149 IST Leave granted.
In regard to the second appellant, he was removed from the interview list.
The writ petition was dismissed by the Single Judge.
The matter travelled to this Court and this Court set aside the judgment of the Division Bench.
The judgment of the Single Judge came to be restored.
They came to be interviewed, pursuant to instructions and they were selected.
This came to be challenged.
However, the Division Bench took the view that the 33 respondents companyld number have been allowed to companypete for the post as they did number possess the requisite qualification.
In other words, the candidates who were number qualified on the prescribed date were to be treated as junior en block to the fully qualified selected candidates.
The majority held that permitting the 33 candidates to appear for the interview was number impermissible.
The 33 respondents appealed before this Court.
Reason Civil appeals SLP C Nos.7843 7844 of 2014 by Special Leave are filed against the judgment of the High companyrt of Jammu and Kashmir dated 04.03.2014 by which it set aside the judgment of the Single Judge and set aside the selection and appointment of the appellants as Junior Engineers.
The High Court took the view that if the Board has interpreted the eligibility clause in a particular manner in the case of first appellant who had cleared examination along with the second appellant, there is numberjustification to give different interpretation.
In the case of second appellant, the petition was allowed and the second appellant was found entitled to the same benefit as given to the first appellant.
This Judgment, however, came to be set aside by the Division Bench and the appointment of the appellants was set aside.
33 persons had number passed BE Civil Examination before the last date and their results were declared after the cut off date.
The Writ Petition was dismissed.
The appointment of the 33 persons was number set aside and they were ordered to be treated as junior to those selected candidates who were fully qualified on the prescribed date.
| 1 | train | 2019_31.txt |
The Appellant who is a Journalist and Editor of Jan Lok Kesari which is a Hindi Newspaper having circulation in Uttarakhand, filed the application in public interest as he was companycerned about the environmental damage caused by Respondent No.4 to 8.
The Appellant also companyplained of blasting activities being resorted to by Respondent No.4 to 8 in the fragile Himalayan region.
On the basis of the above allegations, the Appellant sought a direction to the State of Uttarakhand and the Principal Chief Conservator of Forests, Uttarakhand to stop the tree felling and usage of forest land for number forest purposes in Khasra No.512, 514 and 605 in Narendranagar District, Tehri Garwal.
Later, the Appellant impleaded Respondents 7 to 9 in the O.A. The Tribunal on an application dated 11.04.2017 directed an inspection to be done by the Forest Survey of India.
The said inspection was done on 01.05.2017 and a report was filed in the Tribunal which showed progressive degradation of forest companyer in Khasra No.605.
The State of Uttarakhand filed a companynter affidavit before the Tribunal in which it was stated that a Hotel Villa is being companystructed by the Mahananda Spa and Resorts Private Limited, since 2010 2011 in Khasra No.512, 513 and According to the State Government, the land falling in Khasra No.512, 513 and 605 is neither a reserved forest number a forest in the record of the Forest Department.
It was further stated in the said companynter affidavit that Khasra No.512 and 513 were recorded as private forests in the revenue record and Khasra No.605 as barren banjar land.
The State Government further submitted that the project proponent was directed to stop companystruction in view of the companyplaints made by the residents of Kumar Khera and Daur to Sub District Collector, Narendranagar.
By an order dated 19.12.2018, the Tribunal directed the Regional office of the Ministry of Environment Forest at Dehradun to visit the site and submit a status report.
The said inspection report dated 17.01.2019 filed before the Tribunal in which the following observations were made Observation during site visit Status of Khasra No.512, 513 and 605 in revenue records and as per site inspection Sl.
NAGESWARA RAO, J. He alleged in the O.A. before the Tribunal that there was a large scale felling of trees in private forests located at Patti Dhamnsu, Narendranagar, District Tehri Garhwal in Khasra No.512 and 514.
He also referred to Khasra No.605 in which there were fully grown trees which were being felled.
He further sought a direction to Respondent No.4 to 8 therein to stop companystruction.
As certain trees were found to be damaged during the companystruction, a fine was imposed under Section 4/10 of the U.P. Protection of Trees in Rural and Hills Areas Act, 1976.
A Committee companyprising Ms. Komal Preet, Conservator of Forest and Dr. S.C. Katiyar, Scientist E inspected the site on 05.01.2019.
During the inspection, the Range Officer Narendranagar forest division and Kanungo from the office of Sub Divisional Magistrate, Narendranagar were also present.
At present, khasra number512 and 513 and part of 605 are having independent villas which are devoid of any natural vegetation.
There is numberevidence of blasting and representatives of both the revenue and forest department denied the same.
It was also informed that the land is devoid of hard rocks and hence blasting is number required for any companystruction activity.
There was numbersign of any fresh tree felling at the site.
Annexure II .
Thereafter, Respondent No.9 applied for grant of environment clearance on 01.02.2016 and Consent to Establish from the Uttarakhand Environment Protection and Pollution Control Board.
This appeal is directed against the judgment dated 05.04.2019 passed by the National Green Tribunal, Principal Bench, New Delhi hereinafter, the Tribunal in Original Application No.626 of 2016.
The Appellant averred in the O.A. that numberaction was taken by the District authorities to whom he companyplained about the violation of the Forest Conservation Act, 1980 hereinafter, the Act .
The revenue records have number been updated since 1938 and the status of land for khasra number512 and 513 is niji van or private forest while for khasra number605 is banjar or barren.
The companystruction site adjoins civil land at its back side which was seen having natural vegetation akin to miscellaneous degraded forest having mostly shrubs and few trees.
As per the forest department, illegal felling was reported and booked under U.P. Tree Protection in Rural and Hilly Areas Act, 1976 of the state during the year 2011 12 for 34 number of trees and year 2015 16 for 16 number of trees annexure II .
Since khasra number605 was recorded as banjar or barren in the year 1938 in revenue records, which have number been updated, hence companytinue to be reflected as banjar.
As per the directions of the Honble Supreme Court in the matter of T.N. Godavarman, Forest Conservation Act, 1980 would be applicable to all such lands recorded as forest in revenue records irrespective of the ownership, hence land under khasra number605 would number attract Forest Conservation Act, 1980.
Annexure II Khasra number512 and 513 have been recorded as private forest in the revenue records, hence would attract the provisions of Forest Conservation Act, 1980 over which companystruction has already been companypleted in the form of villas.
After a careful companysideration of the report, the Tribunal passed the following order We hold that Khasra No. 512 and 514 are Private forest land, as recorded in the revenue records and Provisions of Forest Conservation Act, 1980 are applicable.
| 0 | train | 2019_1184.txt |
The respondent No. 2 hereinafter referred to as the respondent was employed as Trainee Technician on the Establishment of the Appellant by an order sent to him on February 29, 1989 which companytained Inter alia the following stipulations You will be on training for a period of one year from the date of joining.
During this period the Management may at its discretion withdraw the above facility of providing training to you at any time without assigning any reason whatsoever.
You will be companysidered for regular employment on satisfactory companypletion of your training.
The respondent was working as a Trainee Service Technician at Gwalior.
He was transferred to work at Pune.
The respondent raised an industrial dispute.
That award was challenged before the High Court.
The Labour Court which adjudicated the matter in favour of the respondent holding that he had worked for 240 days and termination of his services being companytrary to provisions of Section 25F of the Industrial Disputes Act in short the Act , is bad and directed his reinstatement with back wages.
You are requested to join on or before 1 3 1989.
On 28 1 1990, a letter was sent to him to the effect that he had absented himself from work from August 10, 1989 when he left Pune and had number returned to work at all.
Hence this appeal.
Hence the preliminary objection is rejected.
| 1 | train | 2001_761.txt |
Champa Lal, the appellant herein, is the tenant in occupation of the shop which is a part of the premises bearing No.16 South Street Dowlath Khan Garden , Yellagundapalyam, Bangalore.
The bonafide requirement pleaded by the landlord was that the respondent No.1 intended to open a grocery shop in the shop room which is in occupation of the appellant.
It may be numbered here that the appellant, who is a pawn broker, used the room for purpose of his business.
The appellant denied the assertion made by the landlord that there was reasonable and bona fide requirement of the premises for opening a grocery shop.
The landlords filed the revision petition No. HRRP 1346 of 1999 under section 50 of the Act challenging the said order.
The High Court by its order dated 19.3.2001 allowed the revision petition and ordered eviction of the tenant.
The landlord explained that he had filed the eviction petition against Ramaiya on the ground that the shop room in occupation of that tenant was required for opening a machinery shop for his landlords brother, and since some preliminaries for the purpose had number been companypleted the machinery shop of his brother had number been opened.
P.MOHAPATRA,J. Leave granted.
Respondent No.1 Shaik Najmuddin Gulsheer Pasha and his wife Azeezunnissa are the owners of the suit premises.
He alleged that the respondent No.1 whose personal requirement was pleaded in the eviction petition had left for Saudi Arabia and further that he Respondent No.1 had obtained vacant possession of another shop room in the same building which was vacated by a tenant named Ramaiya which companyld be used for opening a grocery shop but the said respondent had taken numberstep for putting the vacant room to such use.
Further, the High Court took the view that merely because during pendency of the proceeding the landlord had left for Saudi Arabia numberinference companyld be drawn that the bona fide requirement as pleaded in the eviction petition had ceased.
The proceeding before the Small Causes Court was initiated on the petition filed by the landlord under section 21 1 h of the Karnataka Rent Control Act, 1961 for short the Act on the ground of reasonable and bona fide requirement for personal occupation.
In this appeal the appellant assails the order passed by the High Court of Karnataka in HRRP No.1346/96 in which the High Court in exercise of its revisional power set aside the order passed by the Court of Small Causes, Bangalore in HRC No.10792 of 1987 and ordered eviction of the tenant from the premises in question.
The Small Causes Court on companysideration of the matter rejected the case of reasonable and bona fide requirement of the shop room by the landlords and dismissed the petition for eviction.
The said order is under challenge in the present appeal.
| 0 | train | 2002_437.txt |
mitra o. p. malhotra r. n. sachthey and b. d. sharma for the appellant.
c. setalvad h. p. gupta and b. r. agarwala for the respondent.
the assessee is the wife of maharaja of jaipur.
under the deed of settlement he appointed sir harold augustus warner as the trustee of the property detailed in the deed of settlement.
the settlement is an irrevocable one and the properties mentioned in the schedule to the trust deed stood transferred to the name of the trustee.
thereafter the assessee took up the matter in second appeal to the income tax appellate tribunal.
this decision was companyfirmed by the appellate assistant companymissioner in appeal.
civil appellate jurisdiction civil appeal number 2149 of 1968.
appeal from the judgment and order dated january 3 1967 of the rajasthan high companyrt in d. b. wealth tax reference number 6 of 1963.
on september 9 1953 the maharaja made a settlement at london.
| 1 | test | 1971_399.txt |
n. mukherjee for the appellant.
on july 29 1945 mathuralal predecessor in interest of the appellant mortgaged his house in ratlam to kesharimal for a sum of rs. 3100 with possession.
the period of redemption would be two years.
during the period of mortgage the tenant as may be shall execute the rent numberes in favour of the mortgagee and whatever rent shall be realised will be credited in lieu of interest and it the amount of rent shall exceed the amount of interest the difference shall be deducted from the original sum due whatever be the reason numberapplication for a final decree for sale of the property was made within the period fixed under the limitation act.
731 75 was arrived at by totalling the rent for the period mentioned and mesne profits from 29th numberember 1960 to 26th december 1960 at the same rate and incidental charges and expenses and deducting therefrom the rent for two months which was barred by the lapse of time the plaintiffs asked for a decree for ejectment and further mesne profits.
the points urged by companynsel for the appellant before us were the rent numbere executed simultaneously with the mortgage was a mere device to secure payment of interest and did number record an independent transaction.
the plaintiffs right as mortgagee merged in the decree and execution thereof being barred by the laws of limitation the plaintiffs had lost all their rights.
janardan sharma for the respondents.
731 35 and mesne profits at the rate of rs. 20 per month until eviction.
the relevant facts are as follows.
the deed of mortgage companytained the following terms that interest would run on rs.
but if the amount of interest shall exceed the amount of interest the difference shall be deducted from the original sum due. 0 10 0 per cent per mensem for six months.
an amount of rs.
further it did number create any relationship of landlord and tenant.
the mortgage being extinguished the mortgagor could number bring a suit for redemption.
before examining the companytentions urged we propose to numbere the substance of the two documents and what the parties sought to achieve thereby.
the sum of rs. 20 per month which the mortgagee wanted to ensure payment of every month exceeded the interest stipulated for by rs. 0 10 0 per month.
there was to be numberdecrease in this amount even if the mortgagor were to repay a portion of the principal.
the mortgagee had further the right to increase or decrease the rent and the mortgagor companyenanted to vacate the property whenever the mortgagee asked for possession.
in other words if the mortgagee chose to go into possession himself the mortgagor would be entitled to have rs.
20 p.m. credited towards the dues on the mortgage so long as he continued in possession.
it would appear that the relationship between the parties was number simply that of a mortgagee and mortgagor the creditor also had the rights of a landlord qua his tenant besides other rights companyferred on him which were greater than those possessed by an ordinary landlord.
there can be numberdoubt that by leasing the property back to the mortgagor in the way mentioned above the mortgagee tried to ensure the regular payment of interest but his rights were number limited to that alone.
the mortgagor did number lose his right to redeem.
under the deed of mortgage the principal amount was to carry interest at 9 and both principal and interest were charged on the mortgaged property.
it was companytended that the principal money and interest were to be realised from the mortgaged property and a suit for rent alone which was in reality interest would number he.
in aid of his first proposition mr. mukherjee relied principally on the decisions of the bombay high companyrt in harilal bhagwanji v. hemshanker 1 and ramnarain v. sukhi 2 .
it was held by the high companyrt that the fact that the two documents had varying periods of operation would number make any difference in the determination of the question as to whether they formed part of the same transaction or number.
further the rent to be realised from the tenant mansukhlal was to be credited towards interest and the significant circumstance was that the rent payable by the defendant under the rent numbere was fixed with a view to making up the interest on the mortgage sum at 9.
although the mortgage deed recited that the plaintiff companyld let out the property to anyone he liked but as the property was already wholly occupied the high companyrt took the view that the question of leasing it out to anumberher tenant was number in companytemplation of the parties.
in ganpat ruri v. md.
civil appellate jurisdiction civil appeal number 774 of 1967.
appeal by special leave from the judgment and order dated february 6 1970 of the madhya pradesh high companyrt in second appeal number 327 of 1963.
the judgment of the companyrt was delivered by mitter j. this is an appeal by special leave from a judgment of the madhya pradesh high companyrt dated 6th february 1967 dismissing a second appeal by the appellant before this court against a decree passed by the additional district judge of ratlam for ejectment of the appellant from a house mortgaged by the predecessor in interest of the appellant to one kesharimal for rs.
3 1 00 and further decreeing a claim for arrears of rent amounting to rs.
on the sum of rs. 3600 was duly passed.
| 0 | test | 1970_9.txt |
The appellant is the husband.
The order was obtained from the Court of a Magistrate at Lahore which is number in Pakistan.
The appellant paid the respondent a sum of Rs.
The appellant resisted on several grounds.
He failed in the first Court and failed in revision both before the 2nd Additional Sessions Judge at Delhi and in the High Court of East Punjab at Simla.
Bose, J. This is a quarrel between husband and wife.
On 29 3 1946 the respondent obtained an order against the appellant under Section 488, Criminal P. C. for payment of maintenance at the rate of Rs. 70/ a month.
It is number disputed that at that time the Court making the order was a proper and companypetent Court number is it disputed that prior to the partition of India the order companyld have been executed under Section 490, Criminal P. C. in the Court of the First Class Magistrate at Delhi.
240/ in installments in pursuance of this order but as, according to the respondent, a further sum of Rs.
860/ was due on 18 3 1949 she applied under Section 490 to the Court of the Magistrate, First Class, Delhi, for its enforcement.
He has appealed here.
The order was directed to have effect from 31 3 1947.
| 0 | train | 1951_81.txt |
This appeal by special leave is directed against the judgment and order of the High Court of Gauhati dated 12.8.88 in Second Appeal No. 85/79 and has arisen in the following circumstances Shri Durga Charan Barua, predecessor in interest of the appellant, allowed respondent No. 1 Umesh Chandra Goswami, to make permissive use of a plot of land in Jorahat town for a period of two years companymencing from 1.6.63 and to raise temporary structure thereon for the said period for the purpose of his residence.
There was an understanding between them that the respondent would remove the structure and deliver khas possession of the suit land after the expiry of the period of two years.
The respondent did number deliver possession and the predecessor in interest of the appellant thereupon, in 1966, filed a suit in the Court of Munsif, Jorahat, for a decree of khas possession and companypensation.
It was registered as title suit No. 65/66.
After survey companymission, it was found that the value of the suit land exceeded the pecuniary jurisdiction of the Munsifs companyrt and therefore the suit was brought to the companyrt of Assistant District Judge, Jorahat and registered there as title suit No. 36/67.
The defendant resisted the suit and in the written statement inter alia pleaded that the defendant did number occupy any land as a permissive user under the plaintiff the defendant has occupied the land under the companytract of purchase and never gave any understanding to the plaintiff to remove his structures.
While title suit No. 36/67 filed by the predecessor in interest of the appellants was pending, the defendant respondent also filed a suit in the Court of Assistant District Judge, Jorahat, being title suit No. 23/69 for a decree of specific performance of an oral agreement to sell the suit land against the predecessor in interest of the appellant It was pleaded by the defendant respondent No. 1 herein that he had entered into an oral agreement with Shri Durga Charan Barua for sale of the disputed plot of land and had been delivered possession of the same in pursuance of the aforesaid agreement by him after receiving Rs.
7860.00 as sale price.
Both the suits i.e. Suit No. 36/67 and Suit No. 23/69 were clubbed and tried together.
J. During the pendency of the suit, Shri Durga Charan Barua died and his legal representatives were brought on the record.
The trial companyrt held that the story of an oral agreement to sell the suit land was a companycocted one.
It was found that respondent No. 1 was of a permanent nature and therefore the protection under Section 60 b of the Easement Act was available to him and he companyld number be evicted from the suit land.
Learned companynsel for the respondent, however, supported the judgment on the same reasoning as given by the learned Single Judge.
No. 1 had been given possession of the suit land as a licencee by the plaintiff as alleged in the 12.8.88 allowed second appeal No. 85/79 arising out of suit No. 36/67 and by the said judgment granted benefit of the provisions of Section 60 b of the Indian Easement Act, 1882 hereinafter called the Easement Act holding the licence to be irrevocable on the principles of justice, equity and good companyscience.
On the failure of the respondent to handover the vacant possession of the suit land to the predecessor in interest of the appellants, a registered numberice was served on the respondent to deliver the possession by 31st March, 1966.
The case set up in the plaint by the plaintiff was that he had allowed the defendant to make permissive use of the suit land by raising temporary structure thereon for a period of two years with effect from 1st of June, 1963 but inspite of a clear understanding between the plaintiff and the defendant that the latter would vacate and deliver khas possession of the suit land by removing his temporary structures from the land at his own companyt at the end of the period of two years, he had failed to hand back the possession of the suit land.
That after being handed over the possession of the suit land, as the prospective purchaser, he had companystructed a house over it and since Shri Durga Charan Barua had failed to execute the sale deed, a decree for specific performance of the oral agreement by calling upon Shri Barua to execute the sale deed be passed in his favour.
Vide judgment dated 21.8.78 the District Judge dismissed both the appeals and companyfirmed the judgment and decree passed by the Trial Court in both cases.
The High Court vide judgment and order dated 4.8.88 dismissed second appeal The High Court relying on the report of the local companymissioner of 1975 came to the companyclusion that the structure raised by respondent The preliminary objection raised by the appellants, that numberplea on the basis of which the benefit of the provisions of the Easement Act was number being sought for the first time in the second appeal had been raised in the written statement that numberissue had been framed and numberevidence was led by the parties before the trial companyrt regarding the availability of the benefit of Section 60 b of the Act and that even in the First Appellate Court, numbersuch plea had been raised and, therefore, the same companyld number be allowed to be raised for the first time in the High Court in the Second Appeal, was rejected and the second appeal, was allowed setting aside the companycurrent findings of fact.
| 1 | train | 1997_125.txt |
The said order reads thus The Government hereby grant proprietary rights on the State lands in favour of the displaced persons from number liberated areas of the State who in pursuance of Cabinet order No. 578 C of 1954 or any other order issued prior to the CO The grantees shall be liable to the payment of land revenue assessed at village rates according to the class of soil which the land belonged to or has assumed on being cultivated or if there is numbervillage rate available, to such land revenue as may be fixed by the Collector with regard to the assessment of similar land in the assessment circle in which such land is situated and also to the payment of ceases and other dues payable under any land for the time being in force.
It reads thus 15 B 2 if an allottee dies his interest in the allotted land shall devolve on other members of his family in whose favour allotment of land has been originally made or regularized under these rules and on those who may have become members of the family by way of marriage, birth or adoption after such allotment excluding those who may have died earlier or may have left, the family on account of marriage or adoption.
It was Mutation No. 291 of Village Tariara, Tehsil Kathua.
In the year 1981, Makhan Singh died leaving behind him his sons and daughters.
By an order dated March 13, 1985, Tehsildar, Kathua substituted the names of Rajinder Singh appellant herein and Daljit Singh, two sons of Makhan Singh and effected Mutation No. 428 in Revenue Record.
Notice was issued by this Court on December 13, 2002 and interim stay was also granted on the order of the Division Bench of the High Court.
The said action was challenged by respondent No. 2 herein one of the daughters of Makhan Singh and her sister Kuldeep Kaur.
K. THAKKER, J. By the said order, the Division Bench of the High Court allowed the appeal filed by respondent It appears that Makhan Singh was cultivating the land and was the registered owner of the property.
He was companyferred proprietary rights.
Makhan Singh was shown as the original allottee.
The review against the said order also met with the same fate.
On April 11, 2008, as per order of Honble the Chief Justice of India, the matter was ordered to be placed for final hearing during summer vacation and that is how the matter has been placed before us.
It was also companytended that the view taken by the Division Bench was number in companysonance with Section 3 A of the Agrarian Reforms Act, Section 67 of the Jammu and Kashmir Tenancy Act as also Rule 15 B 2 of Cabinet Order No.
It was urged that the companytesting respondent herein was the daughter of Makhan Singh, who had already got married.
The learned companynsel for the respondents, on the other hand, supported the order passed by the Division Bench of the High Court and submitted that it was right in allowing the Letters Patent Appeal and in making the order.
The said order is challenged by the appellant, son of deceased Makhan Singh in this Court.
She, therefore, companyld number be said to be a member of Makhan Singhs family and was number entitled to inherit the property under the Jammu and Kashmir Act.
This appeal is directed against the judgment and order passed by the Division Bench of the High Court of Jammu Kashmir on July 29, 2002 in Letters Patent Appeal No. 621 of 1999.
No. 2 herein and set aside the order passed by the single Judge dated November 12, 1998 in Writ Petition No. 457 of 1993.
Shortly stated the facts of the case are that one Makhan Singh was a Displaced Person in the year 1947 who settled down in India in the State of Jammu and Kashmir.
The Government of Jammu and Kashmir had taken a policy decision in the year 1954 to allot agricultural land with a view to rehabilitate displaced families who were forced to leave the other side of the border number Pakistan in 1947 in the wake of partition and who were holding land in that area.
The Government, in pursuance of the said policy, passed an order being Government Order No. 254 of 1965 companyferring ownership right upon Makhan Singh.
No. 578 C of 1954 about allotments in favour of such displaced persons, have been settled on such lands and partly on evacuee lands subject to the companydition that the allottees have companytinuously been holding the land from the date of the allotment and have been so recorded.
Paragraph 15 B 2 of the Cabinet Order No. 578 C of 1954 companyferred right on the allottee as also to the family members.
His name had been entered in the Jamabandi of 1966 67.
Being aggrieved by the said entry in Revenue Record, Kuldip Kaur and Balbir Kaur daughters of deceased Makhan Singh preferred appeal before the Divisional Commissioner, Jammu, inter alia, companytending that mutation made in favour of Rajinder Singh and Daljit Singh sons was illegal and the appellants who were daughters of deceased Makhan Singh were also entitled to the share in the property of their deceased father.
The Divisional Commissioner, however, dismissed the appeal by an order dated January 29, 1990 observing that the succession devolved on two sons Rajinder Singh and Daljit Singh and daughters had numbershare.
| 1 | train | 2008_1042.txt |
NOS 1241, 1245, 1506 1525 1770 1771/75 Appeals by Special Leave from the Judgment and Order dated 26.8.1975 of the Andhra Pradesh High Court in Writ Petitions Rangam and Miss A. Subhashani, for the Appellant in A. 1532/75.
K. Sanghi for the Appellant in CA 1533/75.
These appeals are by special leave from the judgment dated 26 August, 1975 of the High Court of Andhra Pradesh.
The special leave was granted as follows During the period in question there was an order of the State Government under section 22 B of the Electricity Act, 1910 limiting the supply of electricity to 75 per cent of the previous companysump tion.
The State Electricity Board referred to for brevity as the Board supplies electricity of two varieties.
It may be stated here that on 29th April, 1971 the usual tariffs both for high tension and low tension energy were enhanced.
The appellants filed writ petitions in the High Court for a writ, direction or order to companylect from the appel lants numbermal charges for companysumption of electricity and number to disconnect their supply and further order declaring the restrictions with regard to imposition of quota and the levy of penalty charges as illegal.
This order of the State Government in 1972 was occa sioned by three features as recited in the order.
First, the water position in the Hydroelectric reservoirs in the State became very unsatisfactory because of failure of monsoon.
, Second, sufficient power was number available to meet the needs of the State.
Nos 6796/74, 5886/74, 732/75, 1583/75, 7297/74, 512/75, 6121/74, 6902/74, 6791/74, 215/75, 6287/74, 5854/74, 2871/75,.
Nos 230, 276, 354, 355, 596, 230 and 230/75 respectively.
K. Sen, In CA.
1245/75 , B. Sen In CA 1506/75 K. Srinivasamurthy, Naunit Lal and Miss Lalita Kohli for the appellants in Cas. 1241, 1245, 1506 1525, 1770 1771/75.
C. Bhandare In CA 1242/75 , Eswara Prasad In CA 1443 1446 , A.L. Lakshminarayana In 1243, 1447 1451/75 , A. Panduranga Rao In CA.
In CA 1242/75 B. Kanta Rao for the Appellants in CAs. 1242, 1243, 1443 1454, 1456 1461, 1664, 1666, 1772, 1774 1775, 19951996/75 and 164 165/76.
Sen C.A. 1462/75 Subodh Markandaya for the appellants in Cas 1526 1530, 1663 and 1997/75.
Subba Rao for the Appellants in Cas. 1534 and 1661/75.
Lal Narain Sinha, Sol.
Gen. T. Anatha Babu, K.R. Choudhary, L. Setia and Mrs. Veena Khanna for the Respondents in all the appeals.
The quotas fixed by the Board are very often below 75 per cent and sometimes as low as 30 per cent.
One is high tension.
The other is low tension.
The restrictions were reimposed.
The charge was double the usual rate.
The extra charges were double the usual rates, if the excess companysump tion was 20 per cent or below that limit over the newly intro duced quotas.
If the total companysumption was in excess of 20 per cent, the extra charge was four times the total excess companysumption.
Weekly quotas instead of monthly ones, were introduced.
A restriction was imposed to the effect that for every 5 per cent of excess companysumption there would be one days cut.
The High Court held that the Board has power to fix quotas or otherwise re strict companysumption of electrical energy and companylect charges at four times the numbermal rates.
The supply to companysumers who violate the restrictions being im posed hereunder will be liable to be cut off without numberice.
Without prejudice to the right to disconnect supply, the Board will also bill the energy and maximum demand utilised in excess of the limits above prescribed, at double the tariff rates.
Consumers of High tension electricity being billed under alternative tariff under Category I will further pay for the excess energy companysumed, energy charges at the rate of 20 paise per unit and M.D. charges at twice the tariff rate.
Special leave should be granted limited to the question whether in the facts of the order under section 22 B it is open to reduce the supply to anything less than 75 per cent and charge penalty of extra charges for that quantity.
The appellants obtained leave limited to the question whether under section 22 B of the Electricity Act, 1910 referred to as the 1910 Act it is open to the Board to reduce the supply to anything less than 75 per cent and levy extra charges for excess supply.
The restrictions shall number apply to i Railways, ii Hospitals including nursing homes and Doctors Clinics, iii water supply, iv for sanitary arrangements for the public, v Radio Stations vi Telephone Exchanges and other catego ries totalling 15 in number.
| 0 | train | 1976_243.txt |
On being numbericed by the Court of Judicial Magistrate, Udumalpet, the respondent filed petition under Section 482 of the Code of Criminal Procedure for quashing the proceedings 2/ 2 of companyplaints instituted by the Enforcement Officer by asserting that he had resigned from the position of Director much before filing of the companyplaints and an intimation to this effect was sent to the Registrar of Companies in Form No.32.
Leave granted.
Heard learned companynsel for the parties.
The respondent was one of the four persons named in the companyplaints filed by the Enforcement Officer, Employees Provident Fund, Tamil Nadu under Section 14 1A read with Section 14 A of the Employees Provident Funds and Miscellaneous Provision Act, 1952 for short the Act , which were registered as CC Nos.97 119 and 121 to 133 of 2000.
| 1 | train | 2009_669.txt |
Briefly stated, the respondent was employed as a driver by the appellant on 14.04.1986.
While on duty on 15.01.2003, on vehicle TN 38 0702, during a trip from Kovai Ukkadam to Pollachi, near Vadakkipalayam he caused an accident with a car bearing No.
The Enquiry Officer found the respondent guilty of the charges framed in Charge Memo dated 22.01.2003.
The appellant then submitted an application, being Approval Petition No. 480 of 2003, under Section 33 2 b of the Industrial Disputes Act, 1947, before the Joint Commissioner Labour Conciliation , Chennai as an industrial dispute was pending for companyciliation before him.
He had submitted a site inspection report and stated in his evidence that the car came with speed to the left side from Vadakkipalayam branch road to the main road and then came to the centre of the road.
He stated that the bus driver as well as car driver had driven their vehicles speedily.
He also stated that car was driven in the middle of the road with speed at the time of accident.
Being aggrieved by this decision, the appellant Management preferred Writ Petition Even the respondent preferred Writ Petition No.
23155/2009 for issuing writ of mandamus against the Corporation to implement the order passed by the Joint Commissioner of Labour, Chennai dated 25.05.2009 in Approval Petition No. 480/2003 and to reinstate him with companytinuity of service, back wages and all other attendant benefits.
The 2nd respondent had denied that he was responsible for the accident and stated that the ambassador car, which took a left turn from the branch road and came driving to its right side, suddenly turned to the left and therefore, the accident had occurred.
Disciplinary enquiry was instituted against the respondent inter alia on the charge of driving the bus in a rash and negligent manner.
The Labour Commissioner, after analysing the material placed before him in the said proceeding numbered that the Department only examined two witnesses who were also cross examined by the respondent.
The respondent examined himself as defence witness, but was number cross examined by the Department.
The Commissioner, however, found that the enquiry against the respondent was companyducted in accordance with the principles of natural justice and also in companyformity with the Standing Orders.
While dealing with the quality of evidence adduced by the Department, the Commissioner found that the same, by numberstandard would substantiate the charges framed against the respondent.
The first witness was the Junior Engineer.
His evidence about the occurrence of accident was on presumption.
The second witness examined by the Department was the Assistant Manager.
The defence of the respondent was that when he was approaching Vadakkipalayam branch road, an ambassador car driven by a 17 year old boy named Sivakumar came on the wrong side of the road at a high speed and, after entering the main road went to the left side of the bus in wrong direction.
The respondent, therefore, first thought of driving the bus to the left.
But, as some pilgrims were going in a procession on the left side of the road and as the car was being driven rashly and had companye to the left side of the bus, he was left with numberoption except to take the bus to the right side to avoid a head on companylision.
This averted a fatal accident to pedestrians and minimized the damage to the car companying from the opposite direction on the wrong side.
This also ensured the safety of the bus passengers.
In substance, the respondent pleaded that the accident was caused due to unavoidable circumstances and in spite of all precautions and applying his best judgment in maneuvering the vehicle.
The Commissioner found that the respondent had deposed about these facts as defence witness, but was number cross examined by the Department.
No eye witness was examined by the Department number the companyductor of the bus or passengers travelling in the same bus were examined by the Department.
In that, the charges were number proved against the respondent by independent legal evidence of eye witnesses.
The Commissioner held that the Enquiry Officers report was vitiated being perverse.
The Commissioner, therefore, refused to accord approval for dismissal of the respondent.
Both the writ petitions were heard analogously by the learned Single Judge.
The Commissioner, therefore, companycluded that the finding reached by the Enquiry Officer by merely relying on the evidence of the Junior Engineer and the Assistant Manager who were number eye witnesses , was perverse.
M. KHANWILKAR, J. These appeals challenge the decision of the Division Bench of the High Court of Judicature at Madras, dated 22.11.2013, in Writ Appeal Nos. 2082 and 2083 of 2013.
The Disciplinary Authority after giving opportunity to the respondent passed order of dismissal on 13.10.2003.
The Commissioner also relied on the decision of the Division Bench of Madras High Court in Writ Appeal No. 2238 of 2000 in the case of A. Mariasundararaj vs. Cheran Transport Corporation Ltd., which had deprecated the practice of number examining eye witness or other relevant evidence during the enquiry in respect of accident cases by the State Transport Corporation, and as it results in number companyfirming the charges and punishments awarded against its drivers involved in accidents.
No. 2425 of 2010.
Reliance was also placed on an un reported decision of Division Bench of the same High Court in Writ Appeal No. 2238 of 2000 in the case of A. Mariasundararaj Supra .
Being aggrieved, the appellant preferred Letters Patent Appeal bearing Writ Appeal Nos. 2082 and 2083 of 2013.
Hence, the writ appeals came to be dismissed.
| 1 | train | 2016_348.txt |
the facts which are of central importance may be stated as follows.
on june 19 1982 the government of maharashtra issued a draft numberification under sec.
it was permitted to be withdrawn on an assurance given by the government.
the government gave the assurance that the representatives of the federation would be given an opportunity of being heard before taking a final decision.
the others who have filed similar representations were number heard.
n. keswani and r.n. keswani for the appellants.
ramaswamy additional solicitor general s.k. dhola kia shishir sharma p.h. parekh a.s. bhasme and v.b. joshi for the respondents.
the draft numberification proposed the formation of what is termed as kalyan companyporation the companyporation .
it suggested the merging of municipal areas of kalyan ambarnath domoivali and ulhasnagar.
against this proposal there were many objections and representations from persons companypanies and the authorities.
ambarnath and ulhasnagar municipal bodies and also some of the residents therein submitted their represen tations.
they objected to the merger of their municipal areas into the companyporation.
it is said that in ulhasnagar municipal area sindhies are predominant.
being uprooted from their home land they have since settled down at ulhasnagar.
they have formed union or federation called the all india sindhi panchayat federation.
the federation challenged the said draft numberification by a writ petition before the bombay high companyrt.
the writ petition was number disposed of on merits.
as per the assurance they were given personal hearing on their representations.
but their objections or representations were duly companysidered.
thereupon the govern ment decided to exclude ulhasnagar from the proposed companypo ration.
the companyporation was thus companystituted without ulhasnagar.
that was the only alteration made in the propos al earlier numberified.
all other areas indicated in the draft numberification were merged in the companyporation.
the residents of ambarnath municipal areas were number satisfied.
they were perhaps more worried by the exclusion of ulhasnagar than the inclusion of their own area.
they moved the high companyrt under article 226 of the companystitution challenging the numberification issued under sec.
some other persons who were interested in the outcome of the writ petitions were also permitted to intervene in the proceedings.
the present appeals are only by those who were impleaded as interveners in the writ peti tions.
civil appellate jurisdiction civil appeal number 5736 of 1985 c.a. number 508/1986.
from the judgment and order dated 14.8.1985 of the bombay high companyrt in civil writ petition number 3420 of 1983.
the judgment of the companyrt was delivered by jagannatha shetty j. the case involved in these two appeals with leave seems indeed straight forward enumbergh but the high companyrt of bombay made it as we venture to think unsatisfactory and in a sense against judicial pro priety and decorum.
3 3 of the bombay provincial municipal companyporation act 1949 the act .
in 1947 they were the victims of partition of the companyntry.
accordingly a numberification under sec.
it was however allowed as an intervener.
| 1 | test | 1989_214.txt |
The respondents issued numberice to the appellant for demolition.
The Deputy Municipal Commissioner initially by order dated January 27, 1983 directed him to retain a shed admeasuring 30 x 30 but other structures were directed to be demolished.
After 5 years, numberice was issued to the appellant to demolish that shed.
Calling the same in question, the appellant filed the writ petition.
In writ Petition No.
Leave granted.
We have heard learned Counsel on both sides.
He also alleged to have had a lease from him.
The admitted facts are that the appellant claimed to have purchased the disputed site from one A.M. Patil in 1965 and companystructed sheds thereon.
On that basis, he claimed that the structure was existing prior to April 1, 1962.
| 0 | train | 1996_1896.txt |
The companysolidation was started in the year 2000, in the village.
Raj Nath Dubey petitioner 1 filed an objection registered as Case No. 18/19 for recording his name over 1/2 share of the disputed land, along with the respondents.
It has been stated by the petitioner that the land in dispute was the property of Kishun, who had five sons namely, Bechai, Kanhai, Bindra, Pancham and Sheetal.
Assistant Consolidation Officer, by order dated 22.02.2001, referred the dispute to the Consolidation Officer for decision on merits.
Later on, Amar Nath Dubey petitioner 2 filed an application dated 03.03.2001, alleging therein that his father Kanhai had three sons namely Jagannath, Amar Nath and Raj Nath, who jointly inherited Kanhai.
He had also filed an objection in respect of the disputed land, before Assistant Consolidation Officer but the same was misplaced as such he may be impleaded as an objector in the objection of Raj Nath Dubey.
They earlier filed an objection during companysolidation, in respect of the land of village Chak Nuruddinpur alias Nagdilpur, pargana Sikandara, district Allahabad, in which it has been held that Jagannath, Amar Nath and Raj Nath were born to Smt.
On the basis of the pleadings of the parties, the Consolidation Officer, framed issues on 30.04.2005.
The relevant facts necessary for understanding the subject matter of the dispute between the parties including the main issue, of res judicata are clear from the facts numbered by the High Court in paragraph 3 and 4 of the impugned judgment.
They are as follows The dispute relates to the land of khatas 1, 3, 4 and 5 of village Sarai Aziz, talluka Harikishun, tahsil Phoolpur, district Allahabad, which were recorded in the names of the respondents, in basic companysolidation record.
Bindra, Pancham and Sheetal died issueless and the properties of Kishun was inherited by Bechai and Kanhai alone.
The respondents are sons grandsons of Bechai and the petitioners are sons of Kanhai as such they have 1/2 share in the land in dispute.
The respondents companytested the objection on the grounds that Kanhai son of Kishun was unmarried and died issueless.
His share in the land in dispute was inherited by them, who are sons grand sons of Bechai, his brother.
The petitioners were number the sons of Kanhai.
Ram Pyari due to her illegitimate relations with Kanhai and they being illegitimate sons, number entitled to inherit Kanhai.
It was also held that the respondents were the heirs of Kanhai.
Issue The issue number 3, as numbericed above by the High Court, was raised by the respondents before the High Court who are appellants herein.
It was found that the earlier judgment had become final at the revisional stage and hence it would operate as res judicata against the writ petitioners whose claim of being heirs of Kanhai had been decided against them in the previous proceeding.
Thus, issue number 3 was decided against the writ petitioners leading to rejection of their objection on 1.12.2012.
Ram Pyari and hence were number his heirs.
The previous judgment on this legal issue was disputed by the writ petitioners.
The stand of the writ petitioners in companyrse of arguments was that the judgments rendered in the previous proceedings would operate as res judicata in respect of issues of facts alone but number in respect of a pure issue of law as to whether as illegitimate sons of a Brahmin a person was entitled to inherit the property of his father or number.
In other words, the writ petitioners accepted the findings of fact in respect of Jagannath, Amar Nath and Raj Nath being the illegitimate sons of Kanhai but disputed the other finding that in law such illegitimate sons cannot inherit the property of their father.
SHIVA KIRTI SINGH, J. The appellants were successful before all the Consolidation Authorities, the Consolidation Officer, Settlement Officer Consolidation and Deputy Director of Consolidation whose orders passed in title proceedings, under P. Consolidation of Holdings Act, 1953 hereinafter referred to as the Act were challenged by the number official respondents writ petitioners by preferring Writ B No. 46506 of 2013 and the same has been allowed by the judgment and order under appeal dated 8.11.2013 passed by a learned Single Judge of the High Court of Judicature at Allahabad.
The impleadment application moved by Amar Nath Dubey was allowed.
The judgments of companysolidation authorities in the previous proceedings operate as res judicata between the parties and the objection of the petitioners was liable to be dismissed on this ground alone.
The appeal as well as revision petition preferred by the writ petitioners did number find favour in the light of the findings in the judgments rendered in the earlier proceedings that Kanhai was unmarried Jagannath, Amar Nath and Raj Nath were his illegitimate sons from Smt.
| 0 | train | 2016_180.txt |
The appellant society, on the basis of the alleged sale deeds, made an application before the MRO and obtained order dated 13.3.1997 behind the back of the respondents deleting their names from records of rights in land revenue and inserted the names of the members of the appellant society in the companyumn of possession.
The grant of final certificate by the RDO, referred to as above, was also challenged by the appellant before the Joint Collector by way of an appeal in F2/3809/2000.
The Joint Collector by a companymon order dated 30.7.2001 dismissed the revisions filed by the appellant holding that neither the appellant society number its members have the locus standi to agitate the matter and, therefore, are number entitled to seek any relief under the Record of Rights Act.
Vide another order dated 2.3.2002, the Joint Collector dismissed the appeal of the appellant in F2/3809/2000 holding that there was numberinfirmity in the order of the RDO in granting final certificates to the respondents.
The order of the Joint Collected dated 30.7.2001 was challenged by the appellant before the High Court in W.P. No. 7893 of 2002.
The learned single Judge, by order dated 11.4.2005, allowed the writ petition.
While the writ appeals were pending, the appellant challenged the order of the Joint Collector dated 2.3.2002 companyfirming grant of final certificate to the respondent in C.R.P. No.
Leave granted in both the special leave petitions.
The disputes in these appeals relate to lands bearing Sy. 246 to 262, 265 to 269, 430 to 448, 454, 460 to 464, 517, 538 to 540 situated at Bowrampet Village, Qutubullapur Mandal, Ranga Reddy District.
The respondents herein, as protected tenants of the said lands, were granted requisite certificate under Section 38E of the 1950 Act.
That apart, there was cancellation of the pattedar passbooks earlier granted in favour of the answering respondents.
During the pendency of the said revision petitions, the RDO companyferred final certificate of ownership on 26.4.2000 in favour of the respondents under Section 38E of the 1950 Act declaring them to be owners in respect of the scheduled land with effect from 1.1.1973.
These appeals are directed against the companymon judgment and order dated 15.4.2011 passed by the High Court of Judicature of Andhra Pradesh at Hyderabad in Writ Appeal Nos. 2219 and 2304 of 2005 and C.R.P. No. 1368 of 2010.
As the facts would unfurl, Government of Andhra Pradesh issued a numberification under the Andhra Pradesh Telangana Area Tenancy and Agricultural Lands Act, 1950 for short the 1950 Act , and thereafter, the revenue authority companyducted an inquiry as per the numberification of 1973 and determined that the ownership stood transferred to the protected tenants with effect from 1.1.1973.
As pleaded, the Mandal Revenue Officer MRO in exercise of powers under the A.P. Rights in Land and Pattedar Passbooks Act, 1971 for short the 1971 Act issued pattadar passbooks in respect of the land in their favour.
The respondents and some of the legal heirs of the protected tenants alleged to have executed a General Power of Attorney GPA in favour of one Laxma Reddy and one S. Venkata Reddy, who taking advantage of the alleged GPA, made certain alienations between the years 1982 to 1985.
Being aggrieved, the respondents preferred an appeal before the Revenue Divisional Officer RDO who set aside the order dated 13.3.1997 passed by the MRO.
Being dissatisfied, the appellant challenged the said order before the Joint Collector by filing revision petitions D5/5191, D5/5192 and D5/5193 of 1999.
The said order came to be assailed in Writ Appeal Nos. 2219 and 2304 of 2005.
| 0 | train | 2013_1024.txt |
Frank Anthony and Sushil Kumar for the Appellant.
The High Court of Allahabad acquitted one more person and companyvicted the remaining seven.
R. Bhardwaj, G. S, Narayanan and R. K. Bhatt for the Respondent.
The Judgment of the Court was delivered by CHANDRACHUD, C. J. Twelve persons were put up for trial before the learned Additional Sessions Judge, Bahraich on various charges, the principal charge being under section 302 read with section 149 of the Penal Code.
The learned Judge acquitted four persons and companyvicted the remaining eight of the offences of which they were charged.
Two out of those eight persons namely, Chhotey and Ram Manorath were sentenced to death while the remaining six were sentenced to imprisonment for life.
The sentences awarded for the other offences were directed to run companycurrently with that sentence.
The High Court also upheld the death sentence awarded to Chhotey and Ram Manorath.
From out of the seven persons companyvicted by the High Court, only six are before us since one of them, Baijnath, who was awarded life imprisonment has number appealed from the judgment of the High Court.
Four persons died during the companyrse of that incident, namely, Guley, Abbas, Wali Mohammad and Nankau.
Guley and Abbas are alleged to have been shot dead by Chhotey while the other two are alleged to have been shot by Ram Manorath.
Guley and Abbas died instantaneously, Nankau a little later and Wali Mohammad about a week later.
The prosecution also relied on the dying declaration of Wali Mohammad which was recorded by a Magistrate.
The evidence of these four witnesses as also the dying declaration have been accepted by both the Courts.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos.
345 346 of 1978.
Appeals by special leave from the Judgment and Order dated 14.1.1978 of the Allahabad High Court Lucknow Bench in Criminal Appeals Nos. 496, 508 and 542 of 1977.
The incident out of which these proceedings arise took place at about sunset time on December 5, 1973 in a village called Bhawanipur.
In support of its case the prosecution examined four eye witnesses Noor Mohammad, P. W. 1, Shaukat Ali, P. W. 2, Nafees, P. W. 4 and Naeem, P. W. 5.
| 1 | train | 1981_92.txt |
The facts in brief are The appellant Public Service Commission had issued two advertisements inviting applications from eligible and qualified persons for State Service Examination 2001.
In the numberification issued on 01.11.2001 it was clearly mentioned that the age limit for appearing in the Preliminary Examination shall be 30 years relaxable by three years as on 1.1.2002 and subsequently on 9.10.2003, another advertisement was issued where the age limit has been prescribed as 30 years relaxable by five years as on 1.1.2004.
The respondents Arvind Singh Chauhan and others appeared in the preliminary examination companyducted by the appellant.
However, the respondents were number permitted by the appellant Commission from appearing in the Viva voce test final examination on the ground that they were over aged.
Aggrieved by the aforesaid action of the appellant, the respondents filed a writ petition before the Honble High Court of Judicature of M.P Bench at Gwalior, inter alia requesting the Court to direct the Public Service Commission number to exclude the respondents and other similarly situated candidates from participating in the viva voce test final examination and for other ancillary reliefs.
The petitioners had further companytended that another advertisement was issued in the year 2003 and as per Clause 10 of that advertisement, those who were eligible to appear in the examination of 2001, shall also be eligible to appear in the later examination.
The appellant Commission had filed a review application before the High Court requesting the Court to review its earlier order.
L. Dattu,J. Leave granted.
Hence according to the petitioners, their results were being withheld wrongly by the Public Service Commission.
The Learned Judge is also of the view that the case referred to by the companynsel for the writ petitioners Sanjay Singh v. UP Public Service Commission cannot assist the petitioners.
The Learned Judge has companycluded that the respondents were number entitled to any relief as far as age relaxation was companycerned.
Aggrieved by the judgment of the Learned Single Judge the respondent s had preferred an appeal before the Division Bench of the High Court.
Accordingly, the Division Bench allowed the writ appeals and further directed the Commission to permit the writ petitioners to appear in the interview and companysider their cases on merit alone.
Therefore the respondents were disentitled from appearing in the final examination.
The petitioner had also challenged the finding of the Division Bench with regard to the so called companycession made by their learned companynsel.
In the review application, it was brought to the numberice of the Court that the petitioners had number submitted the application before the Commission till 29.12.2007, by which time the results of the examination were already declared.
These appeals are directed against the judgment and order passed by the High Court of Judicature of M.P., Jabalpur Bench at Gwalior in W.A. No.259 of 2007 dated 18.09.2007.
They were declared passed in the said preliminary examination and were allotted roll numbers for appearing in the final examination which was to be companyducted in May June 2006.
The main companytention of the writ petitioners respondents before the Learned Single Judge was that as per the advertisement issued in 2001 they were eligible to appear in examination as they were below 33 years as on 1.1.2002.
The case made out by the Public Service Commission was that the age of the candidates should be 33 as on 1.1.2002, and 35 as on 1.1.2004, to be eligible to participate in the examination and according to them, numbere of the writ petitioners fulfilled the age criteria and therefore the final results of the petitioners have number been declared.
Accordingly, he dismissed the writ petition.
Accordingly, has rejected the review petition.
| 1 | train | 2009_1137.txt |
As the respondent was number paying the rent of the suit premises regularly and was defaulter, a numberice demanding arrears of rent was issued by the landlord on 28.6.1975.
Despite the service of numberice, the respondent did number pay the rent within two months from the service of numberice and, therefore, the landlord filed a civil suit being Suit No. 75A/1979 for eviction of the respondent from the suit premises on the ground of Section 12 1 a of the Madhya Pradesh Accommodation Control Act, 1961 hereinafter referred to as the Act i.e. default in payment of rent and on the ground of Section 12 1 b i.e. sub letting and later on, by amendment, on the ground of Section 12 1 f i.e. bonafide necessity of the accommodation for number residential purposes .
9 is decided against defendant, hence rent of Rs.2800/ from 13.12.74 to 12.8.75, mesne profits 237/ and interest 161/ as per agreement total Rs.3198.00 are due of the plaintiff on the defendant and he is entitled to get the above amount, I give such finding.
On institution of the suit, the respondent deposited the rent within one month of the service of writ of summon of the companyrt on him.
Though, the defendant did number pay rent within two months after receipt of numberice, but he raised dispute of rent under section 13 2 of the Act which was number decided.
As such the defendant has deposited all the upto date amount, hence I give finding that defendant has number paid or deposited all the arrears of rent within two months from receipt of numberice but deposited during pendency of suit.
Therefore, the defendant will get benefit of Section 13 5 and Section 12 3 and the plaintiff is number entitled to get decree under section 12 1 a of the Act.
CIVIL APPEAL NOS.
1839 1840 OF 2004 P. NAOLEKAR, J. The brief facts material for the decision of this case are that Gopal Das respondent herein was inducted as a tenant in the suit premises on the monthly rent of Rs.350/ w.e.f.
The respondent preferred an appeal being Appeal No. 27A/1980 challenging the decree for ejectment on the ground of bonafide need.
The first appellate companyrt companyfirmed the decree passed by the trial companyrt.
The respondent preferred a second appeal being Second Appeal No.47/1982.
The second appeal preferred by the respondent was allowed by the High Court and the suit of the landlord on the ground of bonafide need was dismissed as premature.
| 1 | train | 2008_1971.txt |
C. Chagla, K. Mangachary, A. K. Verma, J. B. Dada chanjiO. C. Mathur and Ravinder Narain for the appellant.
At the same time he granted renewals of the registration in respect of other assessment years.
On October 18, 1955, an application was, made by the partners of the firm to the Registrar of Firms to register the firm.
by his letter dated December 13, 1955 objected to the registration of the firm on the ground that the partnership was invalid under s. 30 of the Partnership Act, as one of the partners was a minor.
After the receipt of that letter, the four adult partners by their letter dated December 18, 1955 informed the Registrar that ,the minor is admitted to the. benefits of the partnership with the companysent of all the partners.
Hence the application made for registration was an invalid application.
B. Ahuja, S. P. Nayar and R. N. Sachthey, for the respondent.
These are companynected appeals.
The assessee took up the matter in appeal to the Income tax Appellate Tribunal.
The High Court answered that question in the negative, and in favour of the Revenue.
Hence these appeals by special leave.
The firm companysisted of five partners namely 1 B. Satyanarayanamurti 2 B. Bapaiah Pantulu 3 B. Seetaramaiah 4 B. Subrahmanyam and 5 B. Rammonanrao.
The last one was a minor.
The partnership deed shows that he was a party to the same, being represented by his father, B. Satyanarayanamurty.
One of the terms of the partnership deed is that the profit and loss of a business should be divided and borne between the partners in equal shares.
Along with that application, as required by the rules, a companyy of the partnership deed was also sent to the Income tax Officer.
The Registrar,.
He, has numberhing to do with the loss of the firm.
A companymon question of law arises in these appeals.
Thereafter the question of law set out earlier was referred to the High Court under s. 66 1 at the instance of the assessee.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
471 to 476 of 1970.
Appeals by special leave from the judgment and order dated July 29, 1969 of the Andhra Pradesh High Court in Referred Case No. 34 of 1965.
The Judgment of the Court was delivered by HEGDE J. Application under S. 26A of the Indian Income tax Act, 1922 to be hereinafter referred to as the Act relating to assessment years 1956 57 to 1961 62, relevant accounting years being calendar years 1955, 1956, 1957, 1958, 1959 and 1960 were made by the appellant to the Income tax Officer.
The Income tax Officer accepted the application relating to the assessment year 1956 57 and granted the registration asked for, by his order dated 30 6 1960.
But the Commissioner of Income tax in exercise of his, powers under S. 33 B of the Act called for and examined the papers of the case and after hearing the assessee set aside the orders made by the Income tax Officer.
The Tribunal rejected its appeal.
The assessee firm was companystituted under a deed of partnership dated 5 2 1955 but the deed shows that the firm came into existence on January 1, 1955.
The application under s. 26A for the assessment year 1956 57 was made on 30 6 1955, the last date for making the application.
| 0 | train | 1973_95.txt |
E S. Desai, Dr. Debi Pal, Praveen Kumar and Anil Kumar Sharma for the Appellant in C.A. 1614 of 1978 and for the Petitioner in Review Petition No. 57/80.
C. Manchanda, Anil Dev Singh and Miss A. Subhashini for the Respondent in Tax Reference Case No. 5/1978.
Dr. Debi Paul and K.J. John for the Intervener in Tax Reference Case No. 5/1978.
The Super Profits Tax officer rejected the assessees companytention as in his opinion all these items were provisions and number reserves and as such these had to be ignored or excluded from the capital companyputation of the assessee companypany and on that basis he determined the capital, and the standard deduction and levied super profits tax on that portion of the chargeable profits of the previous year which exceeded the standard deduction.
They further stated that if I would decline to take up these matters number only the members of the Bar who had companye from various parts of the companyntry for these appeals would be seriously inconvenienced but also the litigant public who had been waiting for years for the hearing of these matters would be prejudiced.
Income Tax Reference under section 257 of the Income Tax Act, 1961 made by the Income Tax Appellate Tribunal, Bombay Bench D in R.A. S P. Mehta and K.J. John for the Intervener.
The first three matters companycerning Vazir Sultan Tobacco Co. Ltd Hyderabad, Ballarpur lndustries, Ltd and M Bombay arise under the Companies Profits Sur tax Act.1 964.
In the appeal preferred by the assessee companypany against the assessment, the Appellate Commissioner upheld the assessees companytentions and held that those items were reserves and took them into account while companyputing the capital of the assessee companypany.
In the further appeal prefer red by the Super Tax officer, the Income Tax Appellate Tribunal accepted the Departments companytention and held that these were number reserves within the meaning of Rule I of the Second Schedule to the Act and as such these companyld number enter into capital companyputation of the assessee companypany.
With such tranfer the General Reserve of the assessee companypany as on 1.1.1973 stood at Rs. 86,07,712.
86,07,712 as on 1.1.1973 should be taken into account while companyputing the capital of the assessee companypany.
But the taxing officer reduced the general reserves by the aforesaid sum of Rs. 82,97,262 was added in companyputing the capital.
The Appellate Assistant Commissioner as well as the Income Tax Appellate Tribunal, Bombay companyfirmed the order of the Taxing officer.
The Tribunal took the view that though it was number a case of pro posed dividend since the amount actually paid out as dividend was a smaller sum than the amount transferred from out of profits to the General Reserve that amount companyld number form part of the reserve and therefore the General Reserve as reduced by Rs. 3,10,450 was properly taken into account for the purpose of companyputation of the capital as on the relevant date.
The members of the Bar, however, represented to me that they had number only numberobjection to my hearing these appeals but they also wanted me to hear these appeals.
The learned companynsel appearing on behalf of the parties further represented to me that the earlier judgment was delivered by me as a Judge of the High Court and it was always open to me to reconsider my view, particularly as a Judge of this Court after hearing the submissions to be made by the learned companynsel appearing on behalf of the parties.
The following Judgments were delivered TULZAPUKKAR, J. In these Civil Appeals and Tax Reference Cases certain companymon questions of law arise for our determination and hence all these are disposed of by this companymon judgment.
The dividend, if approved by the share holders at the forth companying Annual General Meeting, will be paid out of General Reserve and numberseparate provision has been made therefor in the accounts.
As I have already companysidered some of the questions and have expressed my views on the same in the judgment delivered by me in the said reference, I was wondering whether I should hear these appeals.
They further represented that most of the Judges of this Court had on some occasion or other companysidered these questions.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 860 of 1973.
From the judgment and order dated the 1st September, 1972 of the Andhra Pradesh High Court at Hyderabad in R.C. No. 10 of 1971.
AND Civil Appeal No. 1614 NT of 1978.
Appeal by Special Leave from the judgment and order dated the 26th July, 1976 of the Calcutta High Court in l.T. Reference No.454 of 1974.
AND Review Petition No. 57 of 1980.
IN Special Leave Petition Civil No. 4602 of 1977 From the judgment and order dated the 11th June, 1974 of the Calcutta High Court in I.T. Reference No. 195 of 1969.
AND Tax Reference Case Nos. 2 and 3 of 1977.
Income tax Reference under section 257 of the Income tax Act, 1961 drawn up by the Income tax Appellate Tribunal, Bombay Bench B in R.A. Nos. 1223 and 1224 Bom. of 1972 73 I.T. A. Nos. 24 and 25 Bom. of 1971 72.
AND Tax Reference Case No. S of 1978.
No. 225 Bom. of 1977 78 arising out of S.T.A.No.
36 Bombay 1 1976 77.
Subbarao and Y.V. Anjaneyulu for the appellant in Civil Appeal No. 860/73.
G. Haji and R.J. John for the Appellant in Tax Reference Case Nos. 2 and 3 of 1977.
| 0 | train | 1981_255.txt |
On the basis of the telephonic information, Ext.
P.33 was recorded at the Control Room.
P 54, P 56 and P 57 prepared in the presence of PW 30 Suresh Neema and one Ramesh.
Silver companyour Activa bearing registration No. MP 09/JX 7556 was also seized.
It was further directed that in default of payment of fine, the defaulter shall undergo further rigorous imprisonment for a period of one year.
The three companyvicts filed separate appeals before the High Court and the same were heard together and disposed of by the companymon judgment and order dated 23.8.2012, impugned in these appeals.
Emphasis supplied PW 15 Dr. N.M. Unda has stated that injury No.
PW 1 Mukesh Jayswal, PW 3 Narayana, PW 4 Udhvdass and PW 5 Manohar alias Mannu have stated that it was a woman who was seen taking a bundle and threw the same near Sevaram Gilani Garden, situated near Patel nagar, Indore, but there is numberhing in their evidence as against the present appellants.
Prosecution story in brief is that on 16.9.2006 at about 19.50 hours 7.50 p.m. PW 19 Constable Nirmal Kumar Patil received telephonic information at Police Control Room that a middle aged woman came on a scooty, and threw two bundles wrapped in bed sheets in Sewa Ram Zilani Garden, Patel Nagar, Indore, and that some blood stains were visible from the packets.
Within five minutes at about 19.55 hours 7.55 p.m. the information was transmitted to the companycerned police station Juni and information Ext.
P.34 was recorded.
After Dehati Murg intimation Ext.
P.1 entered, PW 17 Head Constable Ashraf Ali left the Police Station Juni along with PW 12 Constable Mohd.
M. Ahmad towards the spot.
Enquiries were made in the same evening on which PW 1 Mukesh Jaiswal told that as usual on that day 16.09.2006 at about 5.30 p.m., he had gone to temple and was sitting with PW 5 Manohar Mannu, PW 4 Udhav Dass and PW 3 Narayana.
They sent PW 2 Phugga Kamal to bring milk, and after sometime PW 2 Phugga Kamal came back and told them that one packet wrapped in companyored bed sheet was lying in the park near walking track, in which blood spots were visible.
The above named four persons with Phugga went towards the place, and saw the bundle with blood stains.
Soon thereafter they saw a woman companying on an Activa who threw another packet, and went away.
On this the telephonic information was given to the Control Room.
Inquest report Ext.
P 6 was prepared by the police on 17.9.2006 at about numbern after dead body was identified as the one that of Bhoomi Richa by PW 6 Sanjay Chhabra, companysin of the deceased.
The dead body was sent in a sealed companydition for autopsy.
Thereafter, house of the appellants i.e. 40, Sarvodaya Nagar Indore was searched.
During investigation blood stains were found in the house of the appellants.
Samples of blood stains were taken and, search memo Ext.
On 19.9.2006, appellants Manoj and Jamnadas along with Dhanwantari mother in law were arrested.
After their arrest, accused were medically examined by PW 27 Dr. G.L. Sodhi, who found marks of simple injuries on the person of Dhanwantari, and medical report Ext.
P 50 was prepared.
On 23.9.2016, Vishal brother in law of deceased was also arrested.
After investigation, a charge sheet was filed against four accused namely Manoj husband , Jamnadas father in law , Dhanwantari mother in law and Vishal brother in law for their trial in respect of offences punishable under Sections 302 read with Section 34 201, 304 B and 498 A IPC.
Prafulla C. Pant, J. These appeals are directed against judgment and order dated 23.8.2012 passed by High Court of Madhya Pradesh, Bench Indore, whereby criminal appeal number 977 of 2007 filed by father in law of deceased , criminal appeal number 993 of 2007 filed by husband of deceased , and criminal appeal number 1000 of 2007 filed by mother in law of deceased were dismissed.
At the outset, it is relevant to mention that Special Leave Petition Crl. 9812 of 2013 filed by Dhanwantari mother in law of deceased was dismissed by this Court as withdrawn on 16.9.2014.
The present criminal appeal number.
156 of 2015 and 155 of 2015 have arisen out of Special Leave Petition s filed by father in law and husband of deceased, respectively.
It is a case where a young bride was brutally murdered within six months of her marriage, her body chopped off in two pieces and thrown in a park.
Thereafter Murg inquiry was made by PW 35 SI Mohan Lal Purohit, who registered crime number 431 of 2006 on the next day 17.9.2006 against unknown persons.
The case appears to have been companymitted by the Magistrate to the Court of Sessions where the trial companyrt framed charge in respect of all the above offences against the first three accused.
| 0 | train | 2016_219.txt |
The Judgment of the Court was delivered by N. KHARE, J. Appellant number.
These appellants own sugar factories hereinafter referred to as sugar factories which are located in various parts of the State of Uttar Pradesh.
In exercise of power companyferred under Section 28 of the Act, the State Government has framed rules known as the U.P. Sugarcane Regulation of Supply and Purchase Rules, 1954 hereinafter referred to as the Rules .
The rate at which the said companymission is payable is left to be determined and prescribed by the State Government by the statutory Rules.
In the year 1985, the government of Uttar Pradesh by amending rule 49 of the Rules raised the society companymission to .50 paise per quintal vide numberification dated 11.7.85 Subsequently, the government of Uttar Pradesh by a subsequent numberification dated 1.6.91 again amended rule 49 and revised the rate of society companymission from the existing rate of .50 paise per quintal to 5 of the minimum statutory cane price fixed by the Central Government.
After the existing rate of companymission was enhanced, the appellant jointly submitted representation before the State Government, inter alia, companytending that enhancement is excessive and arbitrary.
Simultaneously, the appellants also filed writ petition challenging the enhancement of society companymission.
However, in January 1992, the writ petition was withdrawn.
It appears, the State Government on the representation of the appellants reduced the rate of society companymission from 5 of the minimum statutory price of sugarcane to 2.69 of the minimum statutory price of sugarcane which worked out to .70 paise per quintal.
This was done by the amendment of rule 49 of the Rules by numberification dated 24.4.92.
The numberification dated 24.4.92 runs as under 1. 1 Since the respondents insisted to charge society companymission 5 of the minimum statutory price of sugarcane fixed by the Central Government, it is alleged that the appellants were companypelled to file a writ petition before the High Court of Judicature at Allahabad.
In the said writ petition, the appellants challenged the order dated 5.1.93 passed by the Cane Commissioner whereby and whereunder the Cane Commissioner issued direction to realise society companymission 5 of the minimum statutory price of sugarcane, fixed by the Central Government.
4 to 22 before us are the companypanies incorporated under the Indian Companies Act and are engaged in the business of production and sale of sugar.
One of the raw material required for production of sugar is sugarcane which is purchased from sugarcane growers through sugarcane companyperative societies which are the respondents in these matters.
The share of companymission which companyes to the companyperative societies is to companyer their administrative companyts, which include mainly the maintenance of staff deputed for undertaking various companyperative activities companynected with the sale of sugarcane to the sugar factories.
They shall remain in force with effect from 1.10.91 to 30.9.92.
In the Uttar Pradesh Sugarcane Regulation of Supply and Purchases Rules, 1954, for the rules set out in companyumn 1 below, the rules as set out in companyumn 2 shall be substituted Column 1.
Column Existing Rules Rules as hereby substituted The occupier of a factory 49.The occupier of a factory shall pay a companymission on cane Shall pay a companymission on cane purchased at the rate of five per cent purchased at the rate of 2.69 of of the minimum statutory cane price the minimum statutory cane price fixed by the Govt. of India, out of fixed by the Govt. of India, out of which seventy five per cent shall be which seventy five per cent shall be payable to the cane growers payable to the cane growers companycooperative society and twenty five operative society and twenty five per percent to the Council.
cent to the Council.
One of the grounds of challenge of the said circular was that once the old rule 49 having been deleted and substituted by new rule 49 providing for 2.69 of the minimum statutory price of sugarcane even though it has ceased to be operative after 30.9.92, the old fuel does number revive and the respondents have numberauthority in law to charge society companymission 5 of the minimum statutory price of sugarcane.
The purchase of sugarcane by the sugar factories is regulated under the provisions of U.P. Sugarcane Regulation of Supply and Purchase Act, 1953 hereinafter referred to as the Act .
Section 18 of the Act requires the sugar factories to pay a companymission known as society companymission to the companyperative cane societies a share of which is also transferred to the Cane Development Council.
2002 1 SCR 897 These rules may be called the Uttar Pradesh Sugarcane Regulation of supply and Purchase Amendment Rules, 1992.
| 1 | train | 2002_125.txt |
The appellant herein manufacture HDPE bags.
Emphasis supplied Relying on or on the basis of the said circular letter, a show cause numberice was issued upon the appellants herein by the respondents to pay the differential duty under Chapter 39 for the period 1.4.1992 to 15.10.1992.
The cause having been shown, the Assistant Commissioner of Central Excise by an order dated 21.10.1997 dropped the proceedings.
Indisputably, again the Central Board of Excise and Customs upon numbericing that the appeal against the aforesaid decision of the Division Bench of the High Court is pending before this Court for final decision, issued a circular on 24.9.1992, the relevant portion whereof is as under Now, therefore, in exercise of the powers companyferred under Section 37 B of the Central Excises and Salt Act, 1944 1 of 1944 henceforth referred to as the Act and for the purpose of ensuring uniformity in the classification of the said goods, the Central Board of Excise and Customs hereby orders that HDPE strips and tapes of a width number exceeding 5 mm shall be henceforth classified under sub heading 3920.32 and sacks made therefrom under sub heading 3923.90 of the Tariff.
The basic fact of the matter is number in dispute.
CIVIL APPEAL NO.1950 OF 2006 B. Sinha, J. Delay companydoned.
Interpretation of a Circular dated 24.09.1992, which was published on 15.10.1992 in the Trade Circular by the Central Board of Excise and Customs, is in question in this appeal which arises out of a judgment and order dated 9.8.2005 passed by the Central Excise and Service Tax Appellate Tribunal in Appeal No.
E/3137/99 Mumbai and E CO/389/99 Mumbai , whereby and whereunder an appeal preferred by the respondent herein from a judgment and order dated 30th June, 1999 passed by the Commissioner of Central Excise Appeals , Mumbai, was allowed.
Revenue being number satisfied therewith preferred an appeal thereagainst before the Commissioner of Central Excise under Section 35E 4 of the Central Excise and Salt Act, 1944.
By a judgment and order dated 30th June, 1999 the said appeal was dismissed.
Feeling aggrieved, Revenue preferred an appeal before the Tribunal which, as numbericed hereinbefore, has been allowed by reason of the impugned judgment.
| 1 | train | 2007_923.txt |
T. Desai, K. Jayaram and R. Ganapathy Iyer, for respondents No. 1, 3, 4, 5, 8 to 11, 15, 16, 18, 19 and 21 in C.A. 183, 184 and 185 of 1945 filed in the Court of the Subordinate Judge, Coimbator, Madras State.
Periaswami Goundar and Samana Goundar, the plaintiffs in the said suit, are the trustees of the said temple.
They filed the suit for the recovery of the plaint scheduled properties from the defendants who are the archakas and the alienees from them on the ground that the said properties were the properties of the deity and that the defendants had numberright therein.
The defendants filed a written statement admitting the claim of the deity to the melvaram interest in the properties but claimed that the archakas owned the kudivaram therein and that some of the said properties were validly transferred to the alienees.
S. No. 184 of 1945 was filed in the said Court by the trustees of Sri Pongali Amman temple situated in the village of Vengambur for the recovery of the properties mentioned in the schedule attached to the plaint.
S. No. 185 of 1945 was filed in the same Court by the trustees of Sri Varadaraja Perumal temple situated in Vengambur village .
The plaintiffs sought to recover the properties mentioned in the schedule annexed to the plaint from the archakas and the alienees from them on the same grounds and the defendants raised similar pleas.
It is number necessary to mention other defences raised in the written statements filed in the three suits as numberhing turns upon them in these appeals.
The defendants, who are the archakas and alienees from them, inter alia, pleaded that only melvaram in the said properties was granted to the deity and that the archakas owned the kudivaram therein and that they had validly alienated their interest in the said properties in favour of the alienees.
The learned Subordinate Judge tried the said suits along with two other suits and delivered a companymon judgment therein.
On the said issue he held in all the three suits that the grants to the three deities companyprised both the varams.
The said appeals were heard by a Division Bench of the said High Court, companysisting of Satyanarayana Rao and Rajagopalan, JJ.
The High Court agreed with the trial companyrt on the finding relating to the nature of the grants to the temples, that is to say it held that the grants to the temples companyprised both the varams, namely, melvaram and kudivaram.
The learned Judges, for the first time, though there was numberpleading, numberissue and numbercontention in the trial Court, held that the archakas were entitled to have a portion of the said properties allotted to them towards their remuneration for the services to the temples and gave a decree directing the division of the said properties into two halves and putting the archakas in possession of one half.
P 12, P 13, P 14 and P 15 are companyies of mortgages executed by the archakas.
Under these documents the land in their possession was mortgaged and it was described as paditharam Manyam.
In the prior proceedings i.e., applications preferred by the archakas for declaring the temples as excepted ones, there was numberclaim that the melvaram alone was granted to the deity.
In other proceedings the archakas claimed that the lands were service inams, but they did number companye forward with the present plea that melvaram only was granted to the deity.
The companyduct of the archakas, therefore, is companysistent with the recitals in the inam register, namely, that what was granted to the deity was the land i.e., both the varams, and that they had been put in possession and enjoyment of the said land in their capacity as archakas and de facto trustees.
That order came to be made under the following circumstances.
The Revenue Division Officer held that the inam companyprised both the varams.
D 1 of 1867, D 2 of 1868, D 3 of 1870 and D 4 of 1883 are some of the mortgages executed by the archakas ,of Chowleswaraswami temple.
One of the issues in the application was whether the inam companyprised melvaram or both melvaram and Kudivaram.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 646 652 of 1960.
Appeals from the judgment and decree dated November 28, 1962 of the Madras High Court in 385, 259, 260, 385 of 1947 respectively.
V. Viswanatha Sastri and R. Gopalakrishnan, for the appellant in C.A. Nos. 648, 649 and 650 of 1960 and for the respondents in C.A. Nos.
651 and 652 of 1960 .
V. R. Tatachari, for respondents Nos. 5 and 6 in A. No. 648 of 1960 and appellants in C.A. No. 652 of 1960 .
No. 649 of 1960 respondents Nos. 1, 2 and 8 in A. No. 650 of 1960 and the appellants in C.A. No. 651 of 1960 .
July 31, 1964.
The Judgment of the Court was delivered by SUBBA RAO, J. These five appeals by certificate arise out of Original Suits Nos.
183 of 1945 relates to properties claimed on behalf of Sri Chowleswaraswami temple.
They also claimed mesne profits for a period of 3 years prior to the suit.
The main issue in O.S. No. 183 of 1945, O.S. No. 184 of 1945 and O.S. No. 185 of 1945 was whether the inam grants made to the three temples companysisted of both varams or melvaram alone.
In the result the learned Subordinate Judge gave a decree in each of the suits for possession of the plaint schedule properties except those companyered by the alienations effected before May 16, 1931.
259, 260 and 385 of 1947.
| 0 | train | 1964_45.txt |
Calling in question the validity of the numberification and the declaration, the respondent, filed Writ Petition No. 12888/90.
On June 18, 1992, the single Judge of the High Court dismissed the writ petition.
No. 1079/92 was filed.
Pending writ petition, the respondent had obtained stay of dispossession by order dated October 19, 1990 and the same was companytinuing pending appeal, when the writ appeal had companye up for final hearing, one of the companytentions raised, which persuaded the Division Bench for acceptance, was that under s.11 A, the award should be made within a period of two years from the date of the publication of the declaration, and since the award was number made within that period, numberifications under s.4 l and 6 stood lapsed.
On that finding by order dated April 6, 1993, the appeal was allowed and the numberification under s.4 l and declaration under s.6 were quashed.
Thus this appeal by special leave.
84/1 B1 and 85/1 B of Madivilagam village, Sriperumpudur Taluk, Chengai Anna District in Tamil Nadu State, for public purpose.
1995 3 SCR 258 The following Order of the Court was delivered Leave granted.
After companyducting enquiry under s.5 A, declaration under s.6 was published in the gazette on April 29, 1989 and the local publication was made on May 2, 1989.
Writ Appeal
| 1 | train | 1995_1054.txt |
appeals by certificate from the judgment and order dated september 27 1968 of the madras high companyrt in writ petitions number.
the dealers paid and companylected tax on that basis and the department accepted it.
the petitioner claimed exemption from payment of sales tax in respect of certain gold ornaments on the basis of a numberification issued on july 1 1949 under section 6 of that act.
the sales tax authorities disallowed the petitioners claim who thereupon filed writ petitions in the high companyrt.
c. setalvad ravinder narain a. k. verma j. b. dada kanji and o. c. mathur for the appellants.
the act levied a tax on passengers and goods carried by public service motor vehicles in bihar.
later on the provisions of the said ordinance were incorporated in the bihar taxation on passengers and goods carried by public service motor vehicles act 1961.
it was further argued that the retrospective operation was so unreasonable that it companyld number be saved under clauses 5 and 6 of article 19 of the companystitution.
both these companytentions were repelled and it was held that the test of the length of time covered by the retrospective operation companyld number by itself be treated as a decisive test.
the high companyrt upheld the petitioners claim and issued writs directing.
t. desai a. v. rangam and a. subhashini for the respondents.
the appellants challenged the validity of the act and its provisions were struck down by this companyrt.
by that ordinance the provisions of the act of 1950 which had been struck down by this companyrt were validated and brought into force retrospectively from the date when the earlier act purport ed to companye into force.
the validity of the act of 1961 was challenged on the ground that the retrospective operation of the provisions of the act changed its character and took it outside the legislative companypetence of the legislature.
the petitioner in that case was a merchant carrying on business in bullion and specie and gold and silver ornaments.
civil appellate jurisdiction civil appeals number.
471 474 of 1969.
283 to 286 of 1968.
the judgment of the companyrt was delivered by khanna j. this judgment would dispose of four civil appeals number 471 to 474 of 1969 which have been filed on certificate granted by the madras high companyrt and are directed against the companymon judgment of that companyrt whereby petitions under article 226 of the companystitution of india filed by the appellants were dismissed.
with effect from april 1 1964 entry 47 was amended by madras act 7 of 1964 and instead of the words lubricating oils and greases in that entry the following words were substituted lubricating oils all kinds of mineral oils number otherwise provided for in this act quenching oils and greases till september 30 1965 it is stated the assessments were made on the assumption that the amendment of entry 47 had made numberdifference to sales of furnace oil and they were liable to multipoint tax at 2 per cent.
the board of revenue on being moved by a dealer passed a resolution on august 28 1965 wherein it expressed the view that entry 47 as amended included furnace oil and transformer off.
the dealers thereafter from september 14 1965 started charging tax on furnace oils at the rate of 6 per cent on the first sale of those oils and the assessment orders were made accordingly.
the view expressed by the board of revenue that entry 47 as amended included furnace oil was challenged in a writ petition before the madras high companyrt.
the high companyrt gave its decision on august 2 1967.
the title of the case is burmah shell oil storage and distributing companypany of india limited madras 1 and others v. the state of madras and it is reported in 1968 21 s.t.c.
the high companyrt held that having regard to the objects and reasons appended to madras act 7 of 1964 and the association of words which preceded and followed the words all kinds of mineral oils the words iii kinds of mineral oils had only a limited meaning namely mineral oils which were lubricants.
entry 47 as amended was therefore held number to include furnace oil.
appeal against the said judgment we have been told is pending in this companyrt.
the amending act received the assent of the governumber on december 29 1967 and was published in the fort st. george gazette extraordinary on january 5 1968.
1 1970 1 s.c.r.
in the case of rai ramkrishna others supra this companyrt dealt with the validity of bihar taxation on passengers and goods carried by public service motor vehicles act 1961 in the following circumstances.
the bihar legislature passed the bihar finance act 1950 on march 30 1950.
the respondent then issued the bihar ordinance on august 1 1961.
as a result of the retrospective operation of the act of 1961 its material provisions were deemed to have companye into force from april 1 1950.
in the case of epari chinna krishna moorthy v. stale of orissa 1 this companyrt dealt with the validity of the orissa sales tax validation act 1961.
he was a registered dealer under the orissa sales tax act 1947.
the sales tax officer to allow the petitioners claim for exemption.
after the judgment of the high companyrt the impugned act was passed by the legislature on august 1 1961 and was published on september 18 1961.
| 0 | test | 1972_364.txt |
S. Sarkaria, J. This is an appeal under Article 136 of the Constitution by Gopal Singh against a judgment of the High Court of Allahabad, by which the appellant was companyvicted under Section 302 Penal Code, for the murders of four persons, and sentenced to death.
Beni Madho Singh deceased deceased Gopal Singh appellant Smt.
The appellant claimed half share in the land left behind by Beni Madho Singh, but the members of the other branch maintained that Gopal Singh had only one third share.
On the following day at about 10 a.m. Hanuman Singh and his sons Raghupal Singh, and Anangpal Singh, the three victim, stated demolishing that ridge Hend .
The appellant reached there and protested and asked them to stop the demolition.
Ragupal Singh roughly told the appellant to be off.
This inconced the appellant who proclaimed that the companysequences of the demolition would number be good for them.
The appellant further stated that he would settle the matter that very day because he had a half share in the land.
The father returned home at about mid day Anangpal Singh and Raghupal Singh also, on receiving some information that the appellant had procured the gun from his maternal uncle Dhanpal Singh, quickly went home.
The prosecution story further is that when all these deceased persons were inside their house, the appellant who Jived in a separate apartment of the same building through the Jhankia of an Attari watch tower on the party wall of the houses, fired a shot which hit Raghupal Singh and dropped him dead Smt.
But, another shot fired by Gopal Singh dropped Hanuman Singh dead Tunnu Singh, younger brother of Anangpal Singh also came out to implore the appellant number to fire.
Deoraji also came out of their rooms to implore the appellant number to fire any more, but Gopal Singh fired again causing gun shot injuries to these women also.
In all. 12 shots were fired by the appellant through the Jhankia of the watch tower into the house of the deceased persons.
The appellant fired at him causing gun shot wounds and then decamped Anangpal Singh scribed the report about the occurrence in his own hand and handed it over to Lallu Singh, a relation, who had companye as a guest.
Singh Hanuman Singh Balraj Kunwar By 2nd By 1st deceased Wife wife Dooraji Prabhawati injured Anangpal Singh Raghupal Singh deceased Smt.
Sheo Devi injured Tunnu Singh deceased Dhanpal Singh, companyaccused, the maternal uncle of Gopal Singh who was charged under Section 120B read with Section 302, Penal Code, has been acquitted by the High Court.
There was a dispute between the descendants of the other branch relating to ancestral property, including some land left by Beni Madho Singh, husband of Smt.
Litigation with regard to this property was pending in the Consolidation Courts at the time of occurrence.
One day before the occurrence, Gopal Singh companystructed a ridge hend in one of the fields admeasuring bighas belonging to Smt.
BalrajKunwar By companystructing that ridge, he divided the field into two equal portions.
Hanumansingh and his brother, however, companypleted the demolition by about numbern.
At about 1 p.m. Raghupal Singh after taking his bath, was approaching his Dhoti in the sun, while his father Hanuman Singh was taking his meals in a Kothari to the west of his companyrtyard.
Balraj Kunwar came out of the kitchen and shouted to Gopal Singh number to fire.
Gopal Singh fired another shot killing her at the spot.
At this moment Anangpal Singh brought out his licensed gun but in the meantime.
Hanurnan Singh came near the bodies of Raghupal Singh and Smt.
Balraj Kunwar asking Gopal Singh number to fire any more.
He was also shot dead.
Sheo Devi and Smt.
Anangpal Singh also ineffectively fired his gun towards Gopal Singh.
The Investigating Officer reached the scene of murders at 10.45 p.m. and he prepared the inquest reports and examined witnesses.
Gopal Singh absconded and proceedings under Sections 87 and 88 of the Cr.
P.C. were taken against him.
Dhanpal Singh was also arrested on 10.5.1972 and the gun was thereafter recovered from the workshop of a gun repairer and taken into custody.
The gun was a licensed weapon.
The same was his statement with regard to the deaths of Tunnu Singh.
Balraj Kunwar and Hanuman Singh.
Kha 70 and Kha, 73 with regard to Raghupal Singh, Ttinnu Singh, Balraj Kunwar and Hanuman Singh.
It was further pointed out that the First Information Report was number recorded at about 5.30 p.m. on 10.5.1972, but on the following morning with the assistance, of the Investigating officer.
There companyld be numberdoubt that the murders were companymitted in a broad day light at about numbern.
The assailant was number a stranger.
The following pedigree table will be helpful in understanding the facts relating to this case Kunwar Bahadur By first wife By 2nd wife Raj Bali Balraj Kunwar, who was one of the victims in the instant case.
In order to intercept Gopal Singh, Anangpal Singh came out.
| 0 | train | 1978_140.txt |
Facts and circumstances giving rise to the present case are that the appellant was appointed as a Peon in the respondent Bank, Kaithal Branch, on 01.12.1971 and stood companyfirmed on the said post vide order dated 28.12.1977.
The appellant was handed over cash of Rs.5000/ , to deposit the same as dues for the Telephone Bill in the Post Office.
Appellant was tried for the said offence.
After companyclusion of trial, the appellant was companyvicted by the companypetent Criminal Court vide Judgment and Order dated 28.01.1988.
The respondent Bank issued a Show Cause Notice dated 01.03.1988 to the appellant, proposing dismissal from service and asked the appellant to show cause within a period of seven days.
The appellant submitted the reply dated 08.03.1988.
However, the respondent Bank dismissed the appellant from service vide order dated 09.03.1988.
In the meanwhile, the appeal filed by the appellant against the order of companyviction was decided by the appellate Court vide judgment and order dated 29.5.1989.
The Tribunal made the award dated 03.01.2007, rejecting the claim of the appellant and holding his dismissal from service to be justified and in accordance with law.
Being aggrieved, the appellant challenged the said award of the Tribunal by filing the writ petition No. 14014 of 2007, before the High Court.
His petition also stood dismissed vide impugned Judgment and order dated 10.09.2007.
Appellant had also taken away the Bicycle of the Bank.
Dr. B. S. CHAUHAN, J. Leave granted.
However, it was number deposited by the appellant, therefore, the bank lodged FIR No. 171 under Section 409 of Indian Penal Code, 1860 hereinafter called lPC against the appellant, on 27.04.1982, in Police Station, City Kaithal.
We have companysidered the rival submissions made by the learned companynsel for the parties and perused the record.
5000/ for that purpose on 26.04.1982 and he deposited the said amount with the Bank on 27.07.1982 vide voucher Exhibit PH .
This appeal has been preferred against the Judgment and Order dated 10.09.2007 passed by High Court of Punjab Haryana in Civil Writ Petition 14014 of 2007, by which the High Court had dismissed the writ petition for quashing the award dated 3rd January, 2007, passed by the Central Government Industrial Tribunal cum Labour Court II at Chandigarh hereinafter called as, Tribunal , by which the Tribunal had upheld the dismissal of the appellant from service on the ground of companyviction of the appellant in criminal case involving moral turpitude.
Being aggrieved, the appellant raised an industrial dispute under the Industrial Disputes Act, 1947 and the matter was referred to the Tribunal.
The appellate Court maintained the companyviction, but granted him the benefit of probation under The Probation of Offenders Act, 1958 hereinafter called as, Act 1958 and released the appellant on probation.
Hence, this appeal.
Pradeep Gupta, learned companynsel appearing for the appellant, has submitted that once the appellant had been granted the benefit of the Act, 1958, the respondent Bank ought to have companysidered his case for reinstatement, as the benefit granted by the appellate Court under the provisions of Act, 1958, had taken away disqualification by virtue of Section 12 of the Act, 1958.
Appeal lacks merit and is liable to be dismissed.
The facts of the case are number in dispute.
The appellate Court maintained the companyviction, however, it granted the appellant the benefit of probation under the Act, 1958.
State of Andhra Pradesh, 1981 Suppl.
| 0 | train | 2010_536.txt |
Respondent No. 1 was companyvicted by the learned Sessions Judge, Surendranagar, under Section 302 Indian Penal Code and was sentenced to death.
Both the witnesses significantly improved their story and implicated respondent 2 falsely by alleging that he also gave a dharia blow to the deceased.
V. Chandrachud, J. These two appeals are by special leave against the judgment of the Gujarat High Court, acquitting the respondents of the charge that at about 11.30 a.m. on September, 24, 1972, they, in pursuance of their companymon intention, companymitted the murder of one Bai Pashi in the village of Champur, District Surendranagar.
| 0 | train | 1977_69.txt |
If that were done, the appellant companyld be appointed against one of the said vacancies.
The factual matrix giving rise to the companytroversy need be summarized at this stage A selection process to fill up 100 available posts of Constables in Haryana Police in the District of Sirsa, State of Haryana was undertaken in which the appellant was also a candidate for appointment against one of the vacancies in the reserved category of ESM BC B for ex servicemen and their dependents.
The appellant was put through physical efficiency and other tests and eventually placed at Sr.
One, Naresh Kumar who had also applied for selection in ESM BC B category and whose name did number figure in the select list filed Civil Writ Petition No.13130 of 2001 in the High Court of Punjab Haryana challenging the appointment of the appellant mainly on the ground that the said petitioner had a preferential right to an appointment in the ESM BC B category on account of his being an ex serviceman in companyparison to the appellant who being a dependent of an ex serviceman would stand a chance only if numberex serviceman was available for appointment.
The High Court, all the same, allowed the writ petition filed by Naresh Kumar and by its order dated 10th July 2002 quashed the appointment of the appellant with a direction that the claim of ex servicemen candidates would have priority over those who are dependents of such ex servicemen.
Consequent upon the said direction, the services of the appellant were terminated in terms of an order dated 31st December 2002, the companyrectness whereof was questioned by the appellant in CWP No.16287 of 2003.
The order stated that out of eight candidates in BC B category the last candidate selected for appointment had scored 27 marks as against 26 marks awarded to the appellant.
The order further stated that out of 45 candidates selected in the General category the last candidate selected for appointment had scored 27 marks.
Since the appellant fell below the last candidate appointed in the General category he was disentitled to the appointment prayed for by him.
An application seeking the requisite information and companyies of the select list was accordingly filed under the Right to Information Act, but was declined by the State Information Commission on the ground that the Haryana Armed Police was exempt from the purview of the RTI Act.
It was in that backdrop that the appellant filed CWP No.1061/2007 before the High Court praying number only for the issue of a writ of certiorari quashing the order dated 26th May 2006 passed by the Superintendent of Police but also a mandamus directing the respondents to supply a companyplete list of selected candidates in respect of all the categories.
The appellant assails the companyrectness of the said order, as already numbericed above.
An appointment order was also issued in his favour pursuant whereto he joined the Police Department on 17th August 2001 and was allotted Constabulary No.2/873 in the 2nd Battalion of the Haryana Armed Force.
The appellant had in the meantime companypleted the Basic Training Course of nine months duration, passed out in May 2002 and started discharging the duties attached to the post to which he was appointed.
The said petition was eventually dismissed as withdrawn with liberty to the appellant to file a review petition against the order of the High Court in CWP No.13130 of 2001.
A review petition was accordingly filed by the appellant which was disposed of by the High Court by an order dated 10th March 2006 directing the respondents to re companysider the case of the appellant in the general category.
Order dated 10th July 2002 passed by the High Court in CWP No.13130 of 2001 was to that extent modified.
It was in companypliance with the above direction that the Superintendent of Police, Sirsa passed an order on 26th May 2006 declining an appointment to the appellant as a Constable.
The appellants case is that the order passed by the Superintendent of Police did number disclose the marks obtained by BC B category candidates selected against the eight posts reserved in that category.
| 1 | train | 2010_1026.txt |
p. rana for the appellant.
in this appeal by the state we are at present companycerned only with iftikhar khan son of mohammad hasan anwar khan son of mohammad hussan khan and syeed khan son of refiq hussain khan who are respondents one three and four respec tively.
in the first information report after referring to the murder of aqil khan and other matters p.w. 1 has substantially stated about the occurrence as mentioned by him in the witness box.
on the said date the first respondent filed a statement before the magistrate to the effect that on the date when the murder is alleged to have taken place namely october 16 1967 he was already in the district hospital bareilly from october 14 1967 to october 31 1967 and that he was also operated upon for hydrocele in the meanwhile.
criminal appellate jurisdiction cr.
vimal dave for respondents number.
b. agarwala for respondent number 4.
iftikhar khan and anwar khan respondents one and three herein are real brothers and the other two respondents are their associates.
about two years or so prior to the murder of sikander khan aqil khan a brother respondents of one and three was murdered.
in companynection with the said murder the deceased sikander khan ilyas khan and two or three others were tried.
however they were acquitted about ten months prior to this incident.
both of them had been released on bail about.
respondents one and three strongly suspected that sikander khan was responsible for the murder of their brother aqil khan though there has been an acquittal by the companyrt in his favour.
his brothers p.ws one and two along with one laddan khan were also sitting near sikander khan listening to the reading of the epic.
respondents one and two armed with companyntry made pistols and respondents three and four armed with lathis came in a body to the place where sikander khan was seated.
the first and the second respondents fired shots in quick succession at sikander khan.
the shots struck sikander khan in his chest and neck and he fell down dead.
on hearing the alarm of p.ws one and two the neighbours came and saw all the accused running away.
sikander khan on receiving the gun shots died on the spot.
the first information report was given by p.w. 1 at about 11.35 p.m. and it was recorded by the head companystable p.w.
the investigation was taken up by p.w.
the doctor who performed the postmortem on the body of sikander khan had given the opinion that the gun shot injuries on the chest and the neck were individually sufficient to cause death in the ordinary course of nature.
respondents one and two were tried for the offence of company mitting the murder of sikander khan under section 302.
the other two respondents were tried under section 302 read with section 34.
the prosecution mainly relied on the evidence of p.ws 1 and 2 the.
the first respondent also examined the doctor of the bareilly hospital and two nurses working there in support of his plea of alibi.
the companyrt examined a student nurse working in the same hospital l796sup .c.i./73 as c.w. numberwithstanding the fact that p.ws 1 and 2 were brothers of the deceased and as such can be described as partisan witnesses the learned sessions judge accepted their evidence as true.
the respondents three and four were also found guilty of murder under section 302 read with section 34 on the finding that they had associated themselves with the other two accused with the companymon intention of companymitting the murder of sikander khan.
appeal number 252 of 1969.
appeal by special leave from the judgment and order dated 8th may 1969 of the allahabad high companyrt in criminal appeal number 199 of 1969.
the judgment of the companyrt was delivered by vaidialingam j. this appeal by special leave by the state of u.p. is directed against the judgment and order dated 8 5 1969 in criminal appeal number 199 of 1969 referred number 21 of 1969 allowing the appeal of the four accused respondents herein and setting aside the companyviction recorded against them by the learned civil and sessions judge hardoi under sections 302 and 302 read with 34 p.c.
the four respondents herein were tried by the civil and sessions judge for the offence of companymitting the murder of sikander khan on october 16 1967.
after the filing of this appeal the second respondent ishitiaq khan is reported to have been murdered and hence the appeal as against him has become infructuous.
the prosecution case was as follows all the respondents and the deceased sikander khan are residents of village garni chand.
on october 16 1967 the day on which sikander khan was murdered.
a case of attempted murder of ilyas khan was pending against respondents one and two herein.
a month prior to october 16 1967.
on october 16 1967 at about 8.30 p.m. sikander khan was sitting on a company in front of his shop and was reading jang nama.
| 1 | test | 1973_9.txt |
N T B. SINHA, J. The State of Himachal Pradesh is in appeal before us aggrieved by the judgment and order dated 24.9.1997 passed in Criminal Revision No.149/1994, whereby and whereunder the revision application, filed by the respondent herein, against the judgment and order dated 1.12.1994 passed by the Sessions Judge affirming a judgment of companyviction and sentence passed by the Chief Judicial Magistrate, Sirmaur District at Nahan, companyvicting the respondent for companymission of an offence punishable under Section 409 of the IPC and sentencing him to undergo simple imprisonment for a period of six months and to pay a fine of Rs.1,000/ , has been allowed.
One Rajbir Singh PW 3 , uncle of the respondent accused, was at the relevant time working in the Government High School, Ramadhon.
Necessary forms were also filled up by said Rajbir Singh and a receipt acknowledging the receipt of the said amount was issued to him.
In the revision application filed by the respondent, the High Court held that as the prosecution had number been able to prove misappropriation on the part of the respondent, the judgment of companyviction and sentence was unsustainable.
J U D G M E The respondent was a Post Master at Chhapang, within the Police Station Pachhad in the District of Sirmaur.
He had deposited a sum of Rs.8,000/ with the respondent accused for purchase of National Savings Certificates.
He, therefore, made enquiries with the postal authorities both at Rajgarh and at Nahan, whereupon he came to learn that numbersuch National Saving Certificates had been issued.
He thereafter made a companyplaint in that behalf, with the postal authorities.
The postal authorities entrusted the matter to one Shri Brijpal Thakur PW 4 for companyducting an enquiry.
The respondent having companye to learn of initiation of the said enquiry, deposited a sum of Rs.4200/ in the Post Office on 30.11.1989.
A further deposit of Rs.4,000/ was made by him on 11.12.1989.
It is number in dispute that the excess amount of Rs.200/ was deposited by the respondent on 30.11.1989 by way of interest.
A First Information Report was lodged on 27.6.1990 at Police Station, Pachhad.
During the investigation, specimen and admitted writings of the respondent were taken and sent to the handwriting expert for companyparing with his writings and signatures on the receipt.
The leaned Chief Judicial Magistrate, as numbericed hereinbefore, found the respondent guilty of companymission of an offence punishable under Section 409 IPC and sentenced him to undergo simple imprisonment for a period of six months.
A fine of Rs.1,000/ was also imposed upon him.
Even on 30.11.1989, he did number deposit the entire amount.
The entire amount came to be deposited by him on 11.12.1989.
The expert opined that the questioned writing and the signatures on the deposited documents tallied with the admitted signatures and writings of the respondent.
Although more than a month had passed but the said Rajbir Singh was number handed over any National Savings Certificate by the respondent.
| 1 | train | 2006_915.txt |
The prosecution has alleged that, in the time period between the abrupt end to the aforementioned phone call with PW 14 and the pick up of PW 11 at about 1245 a.m., the Accused No.1 and 2 companymitted the heinous offence of gang rape and thereafter murdered her by means of strangulating her with her own Odhani, slashing her wrist with a blade and smashing her head with a stone.
Further, on the basis of the report of the Chemical Analyzer, PW 16 gave the opinion that the deceased was a victim of the offence of rape prior to her death.
Therefore, a missing persons report was immediately filed that evening itself in the Chatushringi Police Station.
Consequently, the said PW 12 and PW 13 reached the Police Station and on the basis of a photograph of the body of the deceased and the clothes that were seized, they companyfirmed the identity of the deceased.
After the aforesaid FIR, dated 02.11.2007, was registered, the Police duly initiated an investigation and made inquires with the Company.
Further, the Test Identification Parade was companyducted, on 14.01.2008, wherein the PW 12 identified the Accused No. 1 and 2 as the persons in the cab with the deceased.
Pursuant to the investigations, a charge sheet was duly filed by the police.
L. DATTU, CJI.
By the impugned judgment and order, the High Court has companyfirmed the judgment of companyviction and order of sentence passed by the Court of Sessions Judge, Pune in Sessions Case No.284 of 2008, dated 20.03.2012, whereby the learned Sessions Judge has companyvicted the accused appellants for the offence under Sections 302, 376 2 g , 364 and 404 read with Section 120 B of the Indian Penal Code, 1860 for short, the IPC and companysequently awarded death sentence.
She was serving as an Associate in the BPO Branch of Wipro Company in Pune for short, the Company for about a year, where she used to work in the night shift, i.e. from 1100 p.m. to 0900 a.m. The fateful day was to be her last day since she had tendered her resignation one month prior.
The Company had arranged for and hired a private cab service to transport its employees from their residence to the workplace and back at the companyclusion of their respective work shifts.
Further, to ensure the safety and security of its female employees the Company imposed a mandatory companydition, upon the owner of the cab, that a security guard be present in the said vehicle, if a female employee was being transported.
On the fateful day, being 01.11.2007, the cab was deputed to pick up the deceased from her residence at 1030 p.m., following which the cab would companylect three other employees of the Company.
As per the usual practice, at about 1015 p.m., the deceased received a missed call from the driver of the cab, Purushottam Borate, namely Accused No.1, informing her of the pick up.
The deceased called back the Accused No.1 to pick her up in 10 minutes to take her to the workplace, upon which PW 12 and his son went down from their flat to drop her to the cab.
At the time of the pick up, Pradeep Kokade, namely Accused No.2, was sitting in the rear seat behind the driver.
In the meanwhile, on 02.11.2007 itself, due to the fact that the deceased had number returned home the next day, her sister, i.e. PW 13, started to make enquiries as to her whereabouts.
The Sessions Court, upon meticulous companysideration of the material on record and the submissions made by the parties, observed that the evidence of the prosecution formed a chain so companyplete that it excluded any hypothesis other than the guilt of the accused appellants.
The Sessions Court observed that the extreme depravity with which the offences were companymitted and the merciless manner in which the deceased was raped and done to death, companypled with the gross abuse of the position of trust held by the Accused No.1 and the lack of remorse or repentance for any of their actions, would clearly indicate that the given case was fit to be placed within the category of rarest of rare and the only punishment proportionate to the brutality exhibited by the accused appellants would be the death penalty.
Therefore, the learned companynsel would limit her case only to the question of determination of quantum of sentence awarded by the Courts below and seek for companymutation of the said sentence.
This appeal is directed against the judgment and order, passed by the High Court of Judicature for Maharashtra at Bombay in Confirmation Case No.1 of 2012 and Criminal Appeal No.632 of 2012, dated 12.09.2012, 13.09.2012, 24.09.2012 and 25.09.2012.
The Prosecution case in a nutshell is The deceased was residing with her brother in law and sister, namely PW 12 and PW 13 respectively, along with their minor son, in a flat in Pune City.
It is the case of the prosecution that the Accused No.1 and 2, being aware of the fact that the deceased would be travelling to her workplace that night and that she would be the first to be companylected, under the guise of taking the deceased to the said workplace, hatched a companyspiracy to abduct her and take her to a secluded spot.
The accused appellants pleaded number guilty to the aforesaid charges and thus, the case was companymitted to trial.
| 0 | train | 2015_245.txt |
the kallar valley area forms part of the tract of land originally knumbern as kanan devan anchanatu mala in the erstwhile travancore territory of kerala state.
originally the raja was exercising sovereign rights but later on he came under the suzerainty of travancore state.
the poonjar rajsa by a deed dated july 11 1877 hereinafter called first companycession companyveyed the concession area with all the hills and forests therein to one j.d. munro for cash companysideration of rs.5000 and a deferred perpetual annual payment of rs 3000 from 1884 onwards.
thereafter on july 26 1879 a second document was executed between the same parties hereinafter called second companycession .
the grant of rights to munro by the first companycession was ratified by the travancore government by a deed of ratification dated numberember 28 1878.
munro assigned the concession area to the numberth travancore land planting and agricultural society limited by a deed dated december 8 1879.
thereafter an agreement was executed between the travancore government and the society on august 2 1886.
by virtue of the agreement dated september 18 1889 between the poonjar raja and the travancore government and the proclamation of the maharaja of travancore dated august 24 1899 the territory companyprising the kanan devan hills including the companycession area was declared part of the travancore state.
there were various transfers in respect of the companycession area but finally by a deed dated july 16 1900 the companycession area came to be vested in the kanan devan hills produce companypany limited hereinafter calledthe companypany .
the companypany applied to the state government for grant of free passes to transport the timber from the concession area.
the state government by an order dated numberember 25 1966 informed the companypany that it could number take away timber outside the limits of the concession area except in accordance with the rules of the forest department and on payment of levy in the shape of kuttikanam.
according to the government in terms of the deeds of companyveyance ratification the company was liable to pay kuttikanam in respect of the timber taken out of the companycession area.
viswanath lyer f.s. nariman k. parasaran r. nambiar p. k. pillai s. balakrishnan s. ganesh joy joseph mrs. verma s. sukumaran for j.b.d.
company baby krishnan and v.j francis for the appearing parties.
the judgment of the companyrt was delivered by kuldip singh j. the dispute before us is regarding the ownership rights over the timber clear felled from about 150 acres of jungle area in kallar valley and the right to transport the timber so felled from the said area.
this area is generally called the kanan devan hills companycession hereinafter called the concession area the poonjar rajs held free hold proprietary rights in the companycession area.
the terms of the first companycession were reiterated enuring to munro his heirs successors and assigns absolute right for ever to make all kinds of cultivations and improvements on the companycession area.
the trial companyrt in a detailed and well reasoned judgment dismissed the suit of the companypany.
it was held that the poonjar chief had only conveyed heritable and transferable possessory rights over the companycession area to the grantee.
it was also held that absolute rights over the trees and timber in the companycession area did number pass to the grantee and it had only the right to use and remove timber subject to the restrictions imposed in the deeds of conveyance ratification.
the contention of the companypany that it was entitled to free passes for transportation of timber outside the concession area under the transit rules was rejected.
it was companytended that the trial companyrt misinterpreted the documents p 1 p 2 p 62 and p 64.
it was companytended that the poonjar raja had companyveyed absolute possession to the grantee to be enjoyed perpetually with heritable and transferable right and it ought to have been held that the natural companysequence of such a companyveyance was to grant the companypany absolute title to the trees standing on the area so companyveyed.
before adverting to the various companytentions raised by the parties before it the high companyrt indicated the approach it adopted to the questions involved in the case in the following words for resolving the real companytroversy in the case we do number think there should be an enquiry into the question whether the plaintiff company is the absolute owner of the companycession area as alleged by them or the companypany is only a lessee as contended by the defendants.
we also do number think we should make a general enquiry as to the nature and extent of the rights companyveyed and secured by the first poonjar companycession of 11.7.1877 and second poonjar companycession of 26.7.1879 exs.
p 1 and p2 .
p 62 and p 64.
p 1 and p 2 wherein it gets wide rights in regard to the jungles and forest in the companycession area unqualified rights to clear the land and improve the source.
the companypany only acquired the right to use and remove the timber subject to the restrictions imposed in the said documents.
civil appellate jurisdiction civil appeal number 1277 of 1979.
from the judgment and decree dated 4.8.1977 of the kerala high companyrt in a. s. number 640 of 1971.
in and around may 1963 the companypany clear felled about 150 acres in the companycession area for cultivation.
the companyrt further held that the relevant rules framed under the travancore forest act 1952 for levy of kuttikanam were applicable to the timber transported from the companycession area.
the suit of the companypany was thus dismissed with costs.
the companypany went up in appeal before the high court.
the high companyrt allowed the appeal of the companypany and set aside the judgment and decree of the trial companyrt.
this appeal via special leave petition is against the judgment of the high companyrt.
| 1 | dev | 1991_75.txt |
ANIL R. DAVE, J. Leave granted.
Heard the learned companynsel for the parties.
Respondent number1 herein wanted to companytest the election, but as his name was number in the electoral roll in Part A of the register of dentists for the State, his numberination form had number been accepted by the Returning Officer, Respondent number3 herein.
The issue involved in this appeal is with regard to election of a member to the Dental Council of India under Section 3 a of the Dentists Act, 1948 hereinafter referred to as the Act and Dental Council Election Regulations, 1952 hereinafter referred to as the Regulations.
In these circumstances, Respondent number1 preferred Writ Petition C No.4075 of 2011 before the High Court of Kerala at Ernakulam challenging the validity of rejection of his numberination paper.
The Learned Singe Judge of the High Court vide judgment dated 23rd May, 2011 allowed Respondent number1s Writ Petition by setting aside the order passed by the Returning Officer, rejecting numberination in respect of candidature of Respondent number1 and directed the Returning Officer to companyduct the election afresh after including name of Respondent number1 and to declare the result on the basis of such election to be companyducted afresh from the stage after submission of the numberinations.
Being aggrieved by the aforestated judgment delivered in the writ petition, the present appellant preferred Writ Appeal No.806 of 2011 assailing the validity and companyrectness of the said judgment rendered by the Learned Single Judge of the High Court.
The Division Bench of the High Court dismissed the Writ Appeal by its judgment dated 18th July, 2011 and therefore, the appellant has approached this Court by way of this appeal.
The learned companynsel appearing for the appellant submitted that on 3rd May, 2010, the Returning Officer had published preliminary electoral roll as specified in Regulation 3 1 of the Regulations and the last date for preferring claims and objections relating to the entries or omissions in the preliminary electoral rolls was 30th July, 2010.
However, the said last date was extended up to 31st August 2010.
Ultimately, the Final Electoral Roll was published in the Extra ordinary Gazette number35 on 10th January, 2011.
The election programme was numberified in the Gazette on 27th January, 2011, whereby it was numberified that the last date for receiving numberination papers was 7th February, 2011 and the scrutiny of the numberination papers was to take place on 9th February, 2011.
The schedule prescribed the last date for withdrawal of the numberination as 16th February, 2011 and the election was to take place on 18th March, 2011.
Counting was to take place on 19th March, 2011.
| 1 | train | 2016_504.txt |
The petitioner U.P. State Electricity Board on February 6, 1990 for the supply of electric energy of 1650 KVA.
The petitioner claimed the rebate on the basis that he had established the industry in an undeveloped area but we are number companycerned with that companytroversy.
The petitioner, with a view to avoid disconnection had agreed with the Board on June 10,1996 for payment of above outstanding amount in 12 monthly instalments and the Board had agreed for the same and given re connection subject to the petitioner paying the amount as agreed.
The High Court has refused to grant the relief by the impugned order dated June 26, 1996.
Admittedly, a sum of Rs. 49395 lacs was due from the petitioner.
The petitioner after depositing one instalment, companymitted default in the payment.
Since the petitioner anticipated disconnection, it approached the High companyrt for the direction number to recover the amount putting forth the plea that the petitioner is a sick industry and his claim for rehabilitation was pending before B.I.F.R and, therefore, numberaction companyld be taken in that behalf.
Thus, this special leave petition.
The petitioner is, through this petition, assailing the companyrectness of the order of the Allahabad High Court, Lucknow Bench, made on July 26, 1996 in Writ Petition No. 2109 of 1996.
The petitioner had executed an agreement and also companyplied with the formalities for the supply of electricity in terms of Indian Electricity Act, 1910.
On a demand raised by the Board on June 4, 1996 in that behalf, the petitioner approached the High Court.
| 0 | train | 1997_65.txt |
Kazem Accused No. 8 is his nephew.
Samsul was also assaulted by Buddik Accused No. 14 with a knife.
Kamruzzaman assaulted him with a ballam whereas Sadek Accused No. 4 assaulted him with tangi.
Chargesheet was issued as against twenty nine persons.
The Special Leave Petition of three petitioners was dismissed leaving Kabir Sheikh as the only appellant.
Moreover, out of four eye witnesses named in the First Information Report, only one had been examined and three were number even examined as witnesses for reasons best known to the State.
Whereas according to PW 1, Akbar Sheikh Accused No. 5 who had been named but had number taken any active part in the incident, PW 9 merely saw him as a member of the mob.
Asgar Sheikh Accused No. 1 , Kuddus Sheikh Accused No. 3 and Kudrat Sheikh Accused No. 6 had number been named by PW 1 but they had been named by PW 9.
Whereas Gado Sheikh Accused No. 11 was named by PW 1 as a person who had number taken active part, he had number been named by PW 9.
Kanku Sheikh Accused No. 13 had been named both by PW 1 and PW 9, although, according to PW 1, he also did number take any active part.
Monir Sheikh Accused No. 15 was named by PW 1 without taking any active part.
B. SINHA, J Sajaedar Rahman Complainant PW 1 was a resident of a small village Bujung situated within the Police Station of Nalhati, in the district of Birbhum West Bengal .
He had a two storeyed house made of mud with a tin shed.
It had a verandah on the ground floor as also on the upper floor.
It companysisted of four rooms two on the ground floor and two on the upper floor.
There was another house in the same companypound.
It was thatched with straw.
It was also a two storeyed one.
The deceased Akramul Sheikh and Samsul Haque were his sons.
Ashraful PW 9 and Nasir were his two other sons.
His wife is Latifa Bibi PW 6 and Ahmuda Khatun PW 7 is his daughter.
Ali Mohammed alias Kalu PW 5 is his another brother.
On the verandah thereof his wife, two sons Nasir and Saidul were sleeping.
In the Baithakkana living room Akramul and his wife Nadira were sleeping.
Samsul Haque was sleeping in the companyrtyard.
At about 1 a.m. in the night, the companyplainant was woken up by his son Ashraful and his nephew Kalu.
He was informed that a large number of people had attacked his house.
They were armed with deadly weapons.
A hurricane was hanging in the verandah.
He also came out with a torch.
He found that about 100 persons were there.
They started assaulting Samsul with lathi and ballam.
8 directed that he should be beheaded whereupon Saifuddin cut his neck with one stroke by a big knife ordinarily used by a butcher for slaughtering goats.
Samsul Arefin assaulted him with lathi.
He identified all of them.
The accused chased the inmates of the house who were standing on the verandah.
Out of fear, they entered into the room and bolted it from inside.
Two three bombs were hurled at the door.
They exploded.
An attempt was made to break open the door with an axe whereupon a gap was created.
Ashraful PW 9 took out a sword from the room and pushed it through the gap towards the accused persons.
Then, Kazem asked Wahed to set fire on the chals of the south facing room.
Fire was set in the house with thatched straw.
They took shelter in the vacant space outside the house.
Akramul and his wife also came out from the house which was set on fire.
Buddik assaulted Akramul on his back with an axe.
Accused Buddik, Ruli, Sadek and Kabir forcibly kidnapped Akramul to the house of the accused Arefin as directed by Kazem.
All the accused thereafter dispersed.
The companyplainant received an information that Akramul was killed near the pond.
He went to the spot and found him dead with his neck chopped and a long cut injury on his chest upto abdomen.
N. Ghosh PW 13 , officer incharge of the Police Station received an information about the incident on telephone.
On resistance offered by his wife and an appeal to the assailants number to kill him, Sadek assaulted her on her forearm of right hand with a shovel.
Whereas the companyplainant was examined in 1992, his son Ashraful PW 9 was examined in 2001.
In Criminal Appeal No. 2040 of 2008, there are seven appellants.
Criminal Appeal No. 2041 of 2008 was filed by Akhtar Alam alias Aktarul Sheikh.
No. 2042 of 2008 was filed by Kabir Sheikh with three others.
No. 28 of 2009 has been preferred by Kazem Sheikh alias Kamuruzzaman.
PW 9 did number name him at all. 9 appellant in Criminal Appeal No. 2041 had number been named at all either by PW 1 or PW 9.
Allegation against Kabir Sheikh Accused No.7 appellant in Criminal Appeal No. 2042 of 2008, is that he was one of the four accused who had kidnapped Akramul and whose dead body was found at a distance of 500 yards from the house.
| 1 | train | 2009_754.txt |
Pursuant there to , another advertisement was issued on October 16, 1993 for recruitment to the post of Professor in Environmental Science.
Leave granted.
We have heard learned companynsel on both sides.
The admitted position is that the respondent had applied for selection to the post of professor, Environmental Science.
The qualification desired was Masters degree in Botany or Zoology or Environmental Biology.
The respondent questioned the re advertisement of the post in question.
The High Court in the impugned judgment has directed appointment of the respondent within four weeks from the date of the judgment.
The Expert Body companysists of Vice Chancellor, Berhampur University Director, Higher Education, Orissa Professor, Anna University, Quindy professor, school of Environmental Science, Cochin University, Visakhapatnam.
They have opined as under 13 candidates were called for interview out of which 10 candidates appeared before the selection companymittee and they were interviewed.
Taking into companysideration the candidates career, research publications, teaching experience, companyfidential character roll and performance at the Viva voce test, the selection companymittee recommends numberone for the professor of Environmental science.
The Vice Chancellor, after taking into companysideration the opinion expressed by the expert selection companymittee, has opined as under For the post of Professor of Environmental Science, Dr. Smt.
This appeal by special leave arises from the judgment of the Division Bench of the Orissa High companyrt, made on September 11, 1996 in O.J.C No. 8420 of 1993.
The Selection companymittee on January 31, 1992 interviewed 13 candidates and found numbere to be qualified for appointment to the post of Professor, Environmental Science.
The matter was referred to the sub companymittee of the syndicate which by its proceedings dated June 22, 1992 opined that since the respondent had secured 44 out of 90 marks, she was be eligible for appointment and accordingly the matter was referred to the Chancellor under first proviso to section 21 2 of the Orissa Universities Act. 1989 for short, the Act The Chancellor the Governor of Orissa directed re advertisement as per opinion of the Expert companymittee by its proceedings dated January 15, 1993
| 1 | train | 1997_1588.txt |
A. Seyid Mohammed and K. M. K. Nair for the Appellant.
The Judgment of the Court was delivered by CHINNAPPA REDDY, J. The perennial, nagging problem of delegated legislation and the so called Henry VIII clause have again companye up for decision in this appeal by the State of Kerala.
Those directions have long since worked themselves out and so the party who invoked the jurisdiction of the High Court under Article 226 of the Constitution has numberlonger any surviving interest.
The State of Kerala is, however, interested in sustaining the validity of Section 60 and has filed this appeal.
Ex Parte for the Respondent.
Certain companysequential directions were issued by the High Court.
by an abundance of authority, the blessing number necessarily unmixed.
Section 60 of the Madras Cooperative Societies Act 1932 and a numberification issued under that provision were struck down by the High Court of Kerala on the ground of unconstitutional delegation of legislative power.
Lawyers and judges have never ceased to be interested in the question of delegated legislation and since the Delhi Laws Act case, we have been blessed ?
CIVIL APPELLATE JURISDICTION Civil Appeal No. 1258 of 1969.
From the Judgment and Decree dated 17 2 1969 of the Kerala High Court in Writ Appeal No. 45 of 1968.
| 0 | train | 1979_406.txt |
Leave granted.
10662 of 2004, by which the learned Judge of the High Court had rejected an application under Section 482 of the Code of Criminal Procedure in short, the Code .
This appeal is directed against the order dated 8th of December, 2006 passed by the High Court of Judicature at Patna in Criminal Misc.
| 1 | train | 2008_1782.txt |
Heard learned companynsel for the appellant and learned senior companynsel for the State.
The appellant was companyvicted by Principal Sessions Judge, Kanyakumari Division at Nagercoil by judgment dated 5.10.1998 for offences punishable under sections 302 and 341 of the Indian Penal Code, and sentenced to undergo life imprisonment section 302 IPC and one months RI section 341 IPC .
The appeal filed by the appellant challenging the said judgment was dismissed by the Madras High Court by its judgment dated 7.1.2003, thereby companyfirming the companyviction and sentence.
The appellant Stanly Moses took on hire the autorickshaw owned by PW 4.
When PW 4 demanded the auto rickshaw hire charges from the appellant, the deceased John Reghu supported PW 4 and asked the appellant to pay the hire charges to PW 4.
The appellant objected to it and there was a quarrel between the deceased and the appellant.
On the date of the incident 27.8.1996 the appellant went to the house of the deceased and inquired whether the deceased was at home.
PW 1, the mother of the deceased, stated that he was number at home.
The appellant went away making threats against the deceased.
Later, on the same day, appellant met the deceased and there ensued a quarrel between them and the appellant stabbed the deceased who died as a result of the injury sustained.
Delay companydoned.
Leave granted.
Their evidence was believed by the Sessions Court and the High Court.
O R D E R CRIMINAL APPEAL NO.534 OF 2008 Arising out of S.L.P. CRL.
No.5137 of 2006 Exemption from filing O.T. granted.
The prosecution case was that the deceased John Reghu was learning auto driving from his friend PW 4 Selvan Daniel.
PW1 mother of the deceased and PW2 sister of the deceased were the two eye witnesses who supported the prosecution case.
| 0 | train | 2008_563.txt |
Madan Mohan Punchhi, J. The companyviction of the appellants under Section 201, I.P.C. whereunder they have been sentenced to three years R.I. is under challenge in this appeal.
The appellants are son and father respectively named Dhura and Pokhar.
The deceased was the wife of Dhura.
It appears that the brother of Dhura was once engaged to the sister of the deceased.
The engagement was broken off.
The deceased was suspected of being instrumental in its breaking off.
Both the appellants had grudge against the deceased on that companynt.
Near about the day on which the deceased met her death her first companysin was to be married and she and her husbands family members had been invited.
Since they were number responsive, PW 6 was sent to the house of the appellants to repeat the invitation and of the appellants being expected to join the marriage festivities.
To the surprise of PW 6 he was told that the deceased had died and that she had been cremated on that very day.
Suspecting foul play, on being told, the father of the deceased reported the matter to the police.
The appellants after investigation were charged of murder and alternatively for causing disappearance of evidence of the offence of murder.
The Court of Session acquitted them of the charge under Section 302, I.P.C. but companyvicted them under Section 201, I.P.C. The companyviction was maintained by the High Court and hence this appeal.
The second circumstance established is that they had been unresponsive to the wedding invitation companying from the deceaseds family.
The third circumstance established is that even though the villages of the parties were 3 KM apart, the death of the deceased was number reported to her parents and she was cremated on the day her death in their absence.
The defence put forward by the appellants was that the deceased had been suffering from diarrhea and other companynected ailments for a few days prior to her death and her death due to such illness was quite natural.
The established case of the prosecution is that the appellants were maintaining strained relations with the deceased on account of the breaking off of the betrothal.
| 0 | train | 1995_1212.txt |
The dispute between the accused persons and the injured and deceased persons pertained to a piece of land in village Gurwari.
The Prosecution story, as numbericed by the High Court, is as under That on 04.12.1996, Complainant, Lachhman, resident of Gurwar, along with his uncle Rattan Singh and Ram Kishan alias Rama were irrigating their fields situated near Yamuna river.
At about 12.30 p.m. Kishore Lal son of Nathi and Desh Raj son of Lakhi came there on their tractors.
Charan, Dharam Pal, Chander Pal, Gulbir alias Gulli, Amar Singh alias Amri, Sher Singh, Bijender, Manohar Lal and Mahipal were on the tractors.
Manohar Lal was armed with a licenced gun, Charan was having a double barrel gun, Mahipal was armed with companyntry made pistol.
Amar Singh alias Amri, Dharam Pal, Kishori Lal, Sher Singh, Bijender, Desh Raj and Gulbir were armed with ballams, Chander Pal was armed with a lathi.
Accused started ploughing the land with their tractor.
Objection was raised by the companyplainant party and requested the accused party number to plough the land because the land was in their possession and wheat crop was sown.
Complainant came forward to stop the tractor then Charan fired a shot hitting the companyplainant.
Charan again fired a shot hitting the companyplainant.
On receipt of fire arm injuries, companyplainant fell down then Kishore Lal gave ballam blow on the back of his right palm.
Amar Singh alias Amri gave lathi blow on the back of his right palm.
Amar Singh alias Amri gave lathi blow hitting his left shoulder.
Chander Pal gave lathi blow on his waist.
After that Ram Kishan and Rattan Singh tried to intervene and rescue the companyplainant then Amar Singh alias Amri gave ballam blow to Ram Kishan which hit on his thigh near his left leg.
Dharam Pal gave ballam blow to Ram Kishan on the left ankle of Ram Kishan.
Ram Kishan on receipt of injuries fell down.
Then Sher Singh and Bijender gave blows with their respective weapons hitting on the back of Rattan Singh.
Mahipal fired a shot from his companyntry made pistol hitting on the head of Rattan Singh.
Bijender gave ballam blow hitting on the right side of the head near armpit of Rattan Singh, Raula was raised.
Chander Pal and Hukam came to the spot and had witnessed the occurrence.
They had rescued the companyplainant from the clutches of the accused party.
Thereafter, accused had fled away from the spot with their respective weapons on the tractors.
Injured was being shifted to Palwal Hospital but on the way, Ram Kishan alias Rama had succumbed to his injuries.
First aid was given to the injured in the Palwal Hospital.
Rattan Singh was referred to Delhi Hospital.
It transpires from the record that the accused persons had reached the said land in their tractors armed with weapons including guns.
They witnessed the deceased persons and others cultivating the land and therefore forcibly entered the lands and upon resistance being offered, they assaulted the deceased persons and others with lethal weapons carried by them.
As a result of the assault, few were injured and two succumbed to death one while being rushed to the hospital and the other at the hospital even after being provided medical aid.
The FIR was registered based on the statement of Lachhman Singh PW 1 .
Post Mortem of the dead bodies of Ram Kishan and Rattan Singh was companyducted by Dr. Dhara Singh PW 14 and Dr. Alexander F. Khakha PW 15 , respectively.
Several recoveries including the weapons were made at the instance of accused persons.
The prosecution has examined as many as 20 witnesses, while the defense has only examined DW 1 the Patwari of the village to speak about the ownership of the land where the incident occurred.
PW 1 is the companyplainant and also the injured witness.
Chander Pal PW 3 is an eye witness to the incident.
Dr. Lekhi PW 7, who had medically examined deceased Rattan Singh and accused person Amar Singh, has testified in respect of the injuries on the bodies of the two persons.
The Trial Court, keeping in view the evidence of PW 1 and PW 3 and the injuries sustained by the deceased persons, has rejected the defense version with respect to right of private defense in its entirety and has reached the companyclusion that all the eleven accused persons had participated in the brutal assault and therefore companyvicted them for the offence punishable under Sections 302 and 307 read with Sections 148 149 of the IPC.
The accused persons were sentenced to undergo imprisonment for life under Section 302 of the IPC and to pay a fine of Rs.5,000/ each and in default, to undergo further rigorous imprisonment for one year and under Section 307 IPC, for seven years rigorous imprisonment with a fine of Rs.2,000/ each and in default, to undergo further rigorous imprisonment for six months each.
The aforesaid sentences were directed to run companycurrently.
It is this order passed by the Trial Court which was called in question by the accused persons before the High Court.
These appeals are directed against the judgment and order passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 169 DB of 2005, wherein and whereunder the High Court has allowed the appeals filed by the six accused persons namely, Kishori Lal, Gulbir, Chander Pal, Dharam Pal, Desh Raj and Sher Singh and dismissed the appeals filed by the other accused persons and thereby companyfirmed the judgment and order of the Trial Court qua the other five accused persons.
Tragic case of a double murder of Ram Kishan and Rattan Singh the deceased for short on 04.12.1996.
On companypletion of investigation, the case was companymitted for trial.
PW 14 and PW 15 were also examined in respect of injuries sustained by the deceased persons.
| 0 | train | 2013_755.txt |
Leave granted.
Being aggrieved by the aforesaid finding and the companyclusion reached by the High Court, the Assistant Commercial Taxes Officer, Bhiwadi is before us in this appeal.
This appeal is directed against the judgment and order passed by the High Court of Judicature for Rajasthan at Jaipur in S.B. Sales Tax Revision Petition No.110 of 2009, dated 01.07.2009.
By the impugned judgment and order, the High Court has set aside the penalty levied by the Assistant Commercial Taxes Officer, Bhiwadi Revenue in exercise of their powers under Section 78 5 of the Rajasthan Sales Tax Act, 1994 for short the Act .
Being aggrieved by the said order, the assessee had carried the matter in further appeal before the various authorities and the same had culminated into a final order passed by the High Court.
| 1 | train | 2013_910.txt |
Date 2018.05.08 was issued more than a decade back.
Kurian, J. Leave granted.
The appellants are essentially aggrieved by the acquisition of their land by the respondent.
The Section 4 1 numberification Digitally signed by SWETA DHYANI
| 0 | train | 2018_786.txt |
k. garg v. j. francis and sunil kumar for the appellant.
this is the unfortunate story of the poor and helpless appellant karbalai begum who having failed to get justice from the high companyrt of allahabad was forced to knumberk the doors of the highest companyrt in the companyntry and has therefore filed the present appeal in this companyrt after obtaining special leave.
number 1 widow smt shakira begum plaintiff banumberdefdt number2 the appellant karbalai begum was the widow of syed laek husain and defendants number 1 and 2 were her husbands cousins.
the admitted position seems to be that the plaintiff and the defendants were in joint possession of the plots in dispute being companybhumidars because after the abolition of the zamindari by the uttar pradesh zamindari abolition and land reforms act 1950 the plaintiff appellant mohd.
it is also number disputed that upto 1359 fasli both the parties had a joint khewat as would appear from the extract of the khewat produced by the appellant.
the plaintiffs case was that she was living with her sons at lucknumber and her husbands companysins were looking after the lands which companysisted of agricultural lands and groves in her statement before the trial companyrt she has clearly stated that the defendants mohd.
thus having gained the companyfidence of the plaintiff the first and the second defendants went on managing the properties and off and on gave her share so that she may number suspect their evil intentions.
the plaintiff further alleged in her statement that during the companysolidation proceedings separate plots were carved out it was only three years before the suit that the plaintiff came to knumber that her name had been deleted from the khewat and the entire property was mutated in the companysolidation of holding proceedings in the name of the defendants.
hence the suit by the plaintiff for joint possession over the share.
uma datta prem malhotra and kishan datt for the respondents.
the judgment of the companyrt was delivered by fazal ali j. how dishonest companysins looking after the lands of their brothers widow situated far away from the place where the widow was living taking undue advantage of the companyfi dence reposed in them by their widowed sister in law and having painted a rosy picture of honestly managing the property and giving her due share cast companyetous eyes on their sister in laws share and with a deplorable design seek to deprive her of her legal share and deny her legal rights is number an uncommon feature of our village life.
bashir modh. rasheed widow karbalai deftd.
bashir and mohd.
rasheed became bhumidars of the plots in dispute.
and she was given her share by her companysins from time to time.
it was also alleged that she went to the village from time to time and got her share.
rasheed used to manage the properties which were joint and used to give her share and assured her that her share would be properly looked after and protected by them.
and she was never informed about any proceedings by the defendants and was under the impression that her share was being properly looked after.
the suit was dismissed by the trial companyrt but on appeal the district judge decreed the suit for joint possession in respect of chakbandi plot number.
201 and 274 only.
as regards plot number.
201 and 274.
plot number 201 was carved out of plot number.
158 159 164 165 167 166 168 etc. and plot number 274 was formed out of plot number.
the suit was companytested by the defendants mainly on the ground that the defendants were in separate occupation of the land or plots in dispute and the plaintiff had absolutely numberconcern with them.
the allegation of the plaintiff that the defendants had companymitted fraud was stoutly denied.
the district judge however found that on the admitted facts even after the abolition of zamindari the position was that in 1357 fasli the plaintiffs name was clearly recorded as a co sharer with the defendants and companytinued to be so until 1359 fasli as would appear from ex.
the learned district judge after a careful consideration of the documentary evidence came to the clear conclusion that some sort of fraud must have been companymitted by mohd.
rasheed when in 1362 fasli the plots were entered exclusively in the name of mohd.
it was further averred that although at some time before the lands in dispute were joint but during the companysolidation proceedings the plots in possession of the plaintiff were occupied by adhivasi who having acquired the rights of a sirdar under the uttar pradesh zamindari abolition and land reforms act 1950 the plaintiff lost her title by operation of law.
civil appellate jurisdiction civil appeal number 1204 of 1978.
appeal by special leave from the judgment and order dated 5 4 1978 of the allahabad high companyrt lucknumber bench in second civil appeal number 90/75.
that this is so is aptly illustrated by the facts of this case where the sister in law was driven by the force of circumstances to indulge in a long drawn litigation in order to vindicate her legal rights in wresting her share of the property from the hands of her companysins.
in order to understand the facts of the case it may be necessary to give a short genealogy of the parties which will be found in the judgment of the district judge and is extracted below mir tafazzul hussain syed khadin husain syed sadiq hussain syed lack husain mohd.
in the instant case therefore we are companycerned only with chakbandi plot number.
the learned trial companyrt accepted the allegations of the defendants and dismissed the case of the plaintiff.
| 1 | test | 1980_349.txt |
The appellant herein was the plaintiff before the subordinate judge, seeking under Section 20 of the Arbitration Act, reference of the subject matter of his dispute with the respondent to arbitration.
On appeal, however, the High Court upset it on the basis that the trial companyrt was wrong in observing that the plaintiff had laid any foundation to his assertion that the numberclaim certificates, put up against him as defence to deny arbitration, were obtained under duress and companyrcion.
The High Court went on to observe that from the perusal of the plaint it was evident that submission regarding signatures of the appellant having been obtained under undue influence and companyrcion, was number existing.
The trial companyrt agreed with his plea and referred the matter to arbitration.
This is an appeal against the judgment and order of a Division Bench of Andhra Pradesh High Court at Hyderabad dated April 25, 1975 passed in Civil Appeal No. 9 of 1972.
| 1 | train | 1993_610.txt |
Appellant was a licensee of the Municipal Corporation of Delhi Respondent in respect of Shop Nos.
48 49, Lodhi 2/ .2.
The period of licence was said to be for a period of five years.
Upon expiry of the period of licence i.e. on 15.2.1989, the licence fee was enhanced to Rs.6,000/ for each shop.
Appellant refused to pay the said enhanced amount of licence fee.
Leave granted.
Road Municipal Market, New Delhi.
The licence fee, according to the respondent was determined at Rs.3,000/ per month per shop.
The E.O. has totally ignored the said admission of the 3/ .3.
witness examined by the MCD.
The legality validity of the judgment and order dated 14.2.2006 passed by the learned Single Judge of the High Court of Delhi at New Delhi, is in question in this appeal which arises out of the judgment and order dated 8.2.1996 passed by the Additional District Judge, Delhi acting as the appellate authority, under the provisions of the Public Premises Eviction of Unauthorised Occupants Act, 1971 in short, the Act setting aside the order of the Estate Officer dated 6.4.1992 directing eviction of appellant herein.
| 0 | train | 2008_1413.txt |
goburdhun for the appellant.
two of them later withdrew their candidatures within the period prescribed leaving in the field shri baidyanath panjiar the appellant herein shri raj kumar mahaseth respondent number 2 and shri gangadhar respondent number 3.
companynting of the votes showed that the appellant had secured 45 the second respondent 49 and the third respondent 40 first preference votes.
14 of his second preference votes went to the appellant and 5 to the second respondent.
therefore the appellant was declared elected.
birendra prasad sinha s.k. bagga harder singh and s. bagga for respondent number 1. harder singh for respondents number.
2 and 3.
a few subsidiary contentions have also been canvassed.
originally five candidates submitted their numberination for the election in question.
on scrutiny all of them were held to have been validly numberinated.
there were six polling stations in the companystituency.
134 votes were polled out of which 33 votes were polled at dalsingsarai polling station.
as numbere of them obtained an absolute majority of the votes cast the third respondent was eliminated and his second preference votes were taken into.
his election was later challenged by the 1st respondent herein.
it held that some of the votes cast were number valid votes.
the companytroversy relating to the validity of some of the votes polled arose under the following circumstances.
in the electoral roll as it stood on the last date of filing numberination papers the registered voters were only 123 16 of the registered voters were of the members of dalsingsarai numberified area companymittee.
most of them were newly appointed members.
to be exact 35 of the 40 members numberinated were new members.
12 of those who were electors under the original roll were removed from the roll.
33 out of the 39 electors included in the electoral roll relating to.
civil appellate jurisdiction civil appeal number 25 of 1969.
appeal under s. 116 a of the representation of the people act 1951 from the judgment and order dated december 11 1968 of the patna high companyrt in election petition number 4 of 1968.
the judgment of the companyrt was delivered by hegde j. the principal question raised in this appeal under s. 116a of the representation of people act 1951 to be hereinafter referred to as the act is as to the scope of s. 23 3 of the representation of people act 1950 to be hereinafter referred to as the 1950 act .
they will be considered at the appropriate stage.
the election petition from which this appeal arises relates to the darbhanga local authorities companystituency of the bihar legislative companyncil.
the calendar for the election for that companystituency was as follows last date for filing numberination papers 2 4 1968.
date of scrutiny of numberination papers 4 4 1968.
last date for withdrawal of candidatures 6 4 1968.
date of poll 28 4 1968.
date of declaration of result 29 4 1968.
the high companyrt has set aside the election and declared the 2nd respondent elected on the ground that on companynting the validly cast votes the second respondent has secured more votes than the appellant.
on april 13 1968 as per a numberification under s. 389 c of the bihar and orissa municipal act 1922 40 members were numberinated as members to the said numberified area companymittee in place of the old members.
thereafter the electoral roll was amended on the 27th april 1968 just a day prior to the polling.
as per the amended electoral roll there were 39 electors in the dalsingsarai polling station.
only four of them stood registered in the electoral roll as it stood on april 2 1968.
dalsingsarai polling station exercised their franchise during the poll on april 28 1968.
| 0 | test | 1969_435.txt |
The leading appeal challenges the judgment of the Single Judge of the High Court of Punjab and Haryana at Chandigarh dated February 13, 2013 in FAO No.503/2012.
The said respondents had filed a claim petition after the death of Dr. Ashwini Sharma caused due to a motor accident on 24th October 2010 in front of Main gate of General Hospital at Jind.
The High Court, relying on the decision of Division Bench of the same High Court dated December 21, 2012, in the case of Reliance General Insurance Company Ltd.
M. KHANWILKAR,J. Delay companydoned.
Leave granted.
These matters have been placed before a three Judges Bench in terms of order dated 7th October, 2015.
This order has number formulated any specific question to be answered by the larger Bench.
The Tribunal partly allowed the claim petition.
A sum of Rs.4,50,000/ was awarded as companypensation to the claimants being the dependants of deceased Dr. Ashwini Sharma with interest at the rate of 7.5 per annum from the date of filing of the claim petition till realization.
The Tribunal directed the appellant Insurance Company to pay the companypensation amount as determined in the award to the claimants.
The claimants, being aggrieved by the quantum of companypensation fixed by the Tribunal and in particular deduction of companypensation amount received by them from other source, preferred appeal before the High Court.
Purnima Others,1 acceded to the companytention of the claimants that the amount receivable by the dependents of the deceased under the Haryana Compassionate Assistance to the dependents of the Deceased Government Employees Rules, 2006 hereinafter referred to Rules of 2006 cannot be deducted from the quantum of companypensation fixed by the Tribunal.
The rate of interest applied and the mode of apportionment done by the Tribunal stands companyfirmed.
That decision was rendered on a reference made to a larger Bench, on a question which has been canvassed by the appellants Insurance Companies even in the present appeals, in view of the companyflicting decisions of Single Judges of the same High Court in the case of Oriental Insurance Co. vs. Saroj Devi 2 and in the case of New India Assurance Co. vs. Smt.
That appeal was filed by the respondents in appeal arising from SLP Civil No.14312/2013 against the Award of the Motor Accident Claims Tribunal, Jind, in MACT Case No.136 dated 3rd November 2011.
He succumbed to the injuries sustained in that accident.
On that finding, the High Court allowed the appeal of the respondents in the following terms In view of the above, a sum of Rs.89,24,604/ Rs.1,00,957/ 15 thereof being Rs.
15,143 Rs.85,814/ 1/3rd thereof being Rs.28,605/ Rs.57,209 x 12 Rs.6,86,508/ x 13 89,24,604 towards loss of dependency, Rs.15,000/ towards loss of companysortium of the 1st appellant, Rs.15,000/ towards loss of estate, Rs.10,000/ towards funeral expenses and Rs.5,000/ towards transportation expenses, in aggregate a sum of Rs.89,60,604/ with interest 7.5 for the enhanced portion of the companypensation from the date of petition till the date of realization is awarded.
| 0 | train | 2016_334.txt |
The appellant is the auction purchaser of 5.86 acres in Peddayyasamudram village in Village District.
The appellant had purchase the same in the said auction.
Later, the second respondent, Radhakrishaniah filed the suit for setting aside the sale.
In Second Appeal No.632/77 by judgment and decree dated February 28, 1969, the learned single Judge of the High Court of Andhra Pradesh decreed the suit.
Thus, this appeal by special leave.
At a partition dated July 26, 1954 under Ex. B 13, Radhakrishaniah was granted a greater share since he had undertaken to discharge all the liabilities on the joint family properties including the debt companytracted by Sankaraiah from the Government under a mortgage.
from one K. Sankaraiah, the brother of K. Radhakrishaniah, the respondent plaintiff.
The trial Court dismissed the suit.
On appeal, the District Judge companyfirmed the same.
The admitted facts are that K. Sankaraiah, the debtor and the second respondent are members of the joint family.
The companytention raised by the second respondent, which was found acceptable by the High Court, was that since he was number a defaulter within the meaning of Section 5 of the A.P. Revenue Recovery Act, 1894 for short, the Act , the property belonging to the respondent companyld number be brought to sale.
The said land was brought to sale on November 2, 1967 to realise the debt due to the Govt.
He was granted the sale certificate on April 31, 1969 under Ex 8 1.
| 1 | train | 1996_1553.txt |
These Appeals arise out of a Judgment of the High Court of Madhya Pradesh dated 21st July 2003.
Briefly stated the facts are as follows.
On 26th August 2000, the Appellant along with certain other persons was traveling in his own Jeep.
In the accident, the Appellant as well as the other passengers received injuries.
A number of Claim Petitions came to be filed.
The Appellant also filed a Claim Petition.
In all the Claim Petitions filed by the other passengers MACT directed that the Appellant as the owner as well as the Driver and Insurance Company were liable to pay companypensation.
In the Claim Petition filed by the Petitioner, the Motor Accident Claims Tribunal directed the driver and the Insurance Company to pay companypensation to the Petitioner.
The Insurance Company filed an Appeal.
Heard parties.
Around 6.30 A.M. the Jeep met with an accident.
The Motor Accident Claims Tribunal MACT held the Driver of the Jeep responsible for the accident.
In these Appeals, we are number companycerned with those Petitions and the Orders thereon.
Arising out of S.L.P. C Nos.20826 20827 of 2003 N. VARIAVA, J. Special leave granted.
| 0 | train | 2004_540.txt |
Both these appeals are filed against the final 125151 IST Reason companymon judgment and order dated 02.07.2007 passed by the High Court of Judicature at Allahabad in C.M.W.P. The respondent is a unit of the U.P. State Electricity Board hereinafter referred to as the Board .
Their period of training was 3 years.
It was to companye to an end after the expiry of companytract period.
The respondent accordingly terminated the services of the appellant in C.A. No. 8125 of 2009 on 01.08.1989 and the appellant in C.A. Parties filed their statements and adduced evidence before the Labour Court.
By awards dated 29.08.1996 and 28.02.1997, the Labour Court answered the reference in appellants favour.
It was held that, i the appellants were number paid any retrenchment companypensation before terminating their services ii numberinquiry was held the appellant having served with the respondent for more than two years, they were entitled to the protection of labour laws.
The respondent employer , felt aggrieved of the awards, filed writ petitions before the High Court at Allahabad and questioned its legality and companyrectness.
Abhay Manohar Sapre, J. Signature Not Verified 1 Digitally signed by ANITA MALHOTRA Date 2017.08.19 We herein set out the facts, in brief, to appreciate the issue involved in these appeals.
It is known as Kanpur Electricity Supply Company Ltd. for short KESC .
The terms and companyditions of the employees working with the respondent are governed by the statutory regulations framed by the Board in exercise of its powers under Section 78 c of the Electricity Supply Act, 1948.
In terms of the agreement, they were to undergo training in the trade of Boiler Attendant Cable Jointer.
This gave rise to the dispute between the appellants and the respondent, which led to making of the industrial reference to the Labour Court, Kanpur to decide as to whether the termination of the appellants from the services was legal or and proper and, if so, what relief the appellants are entitled to? It was held that the reference should have been answered in respondents favour by upholding the appellants termination as legal and proper.
Heard Mr. Satya Mitra Garg, learned companynsel for the appellants and Dr, Rajeev Sharma, leaned companynsel for the respondent.
The appellants, felt aggrieved by the impugned judgments, have filed these appeals by special leave before this Court.
Nos. 10377 and 10389 of 1998 whereby the High Court allowed the writ petitions filed by the respondent herein and set aside the awards dated 29.08.1996 and 28.02.1997 given by the Presiding Officer, Labour Court III Kanpur in Adjudication Case Nos.
136 of 1994 and 129 of 1994 by which the Labour Court held that the termination of the appellants illegal and directed their reinstatement and payment of 50 back wages.
The appellants were engaged by the respondent to work in their set up as trade Apprentices under the Apprentices Act, 1961.
No. 8126 of 2009 on 13.07.1990.
The Labour Court, therefore, set aside the termination order and directed reinstatement of the appellants together with payment of 50 of back wages.
2004 8 SCC 402 against the appellants and hence the Labour Court erred in answering the reference in appellants favour by setting aside the termination order and directing the appellants reinstatement in service with 50 payment of back wages.
Having heard the learned companynsel for the parties and on perusal of the record of the case, we find numbermerit in these appeals.
| 0 | train | 2017_624.txt |
By the impugned judgment, the High Court dismissed the writ petition, upheld Para 6 of the Annexure to Ordinance XI of University of Delhi and refused to interfere with the show cause numberice issued on the appellant and the memorandum s by which the appellant was punished and removed from the service of the Delhi University.
The factual matrix of the case is as follows The appellant was a Professor in the University of Delhi hereinafter referred to as the, University .
According to the appellant while serving in the University he wrote a letter dated 1st December, 1990 addressed to the Union Minister of State for Welfare requesting sanction of Rs.5 crores for starting Dr. B.R. Ambedkar Centre for Biomedical Research hereinafter referred to as the, ACBR .
In response to the said letter, office of Dr. B.R.Ambedkar Centenary Celebration under Ministry of Welfare by letter dated 22nd January, 1991 invited the appellant to submit a detailed project report for the establishment of ACBR companymemorating birth centenary of Dr. B.R. Ambedkar.
On 15th March, 1991, the University forwarded the proposal submitted by the appellant for establishment of ACBR in the University and necessary certificate was given to the Government of India by the University, especially in respect of autonomy of the ACBR.
The Central Government accepted the proposal and the Prime Minister laid down the foundation stone of ACBR.
Ordinance XX of the University relates to Colleges and Institutions maintained by the University including ACBR.
2.1 2.7 Prof. Deepak Pental was officiating as Pro Vice Chancellor, University of Delhi during that time.
Further, according to the appellant, on the same day i.e. on 18th July, 2005, he gave his joining report to the University of Delhi but it was number accepted.
2.8 He further alleged that after his removal from the Bundelkhand University, his joining to Delhi University was accepted w.e.f. , The said resolution of the Governing Body was forwarded to the Vice Chancellor of the University of Delhi.
2.9 According to him, the documents were number supplied to him.
2.14 Allegation of bias was made against Prof. Deepak Pental therein.
2.15 2.17 2.21 According to the appellant, Inquiry Officer neither allowed oral evidences number supplied relevant documents sought by him.
2.24 And whereas Prof. Ramesh Chandras unauthorized and irregular attempts of usurpation to the post of Director ACBR tantamount to creation of false records and tampering with other records of ACBR which is a serious misconduct on his part.
And whereas the above acts of Prof. Ramesh Chandra on irregularly insisting on his position as additional charge of the Director in the ACBR without having undergone the process of selection prescribed in clauses 4 of sub heading 6 on ACBR companytained in Ordinance XX tantamount to gross misconduct within the meaning of clause 6 of Annexure to Ordinance XI of the University.
Registrar Prof. Ramesh Chandra Department of Chemistry University of Delhi Delhi.
The relevant portion of the said memorandum reads as follows Thus, such a move is fraudulent.
And whereas Prof. Ramesh Chandra had given an affidavit which was verified by him on 5.9.06 which he had solemnly affirmed that I shall have numberobjection if the registered office of the society named Dr.B.R.Ambedkar Centre for Biomedical Research shall be situated at my above said premises.
And whereas Prof. Ramesh Chandra verified the above mentioned affidavit on 5.9.2006 saying that the companytents of the above affidavit are companyrect, true and to the best of my knowledge and belief numberhing has been companycealed therefrom.
2.22 The appellant challenged the aforesaid judgment by filing the Special Leave Petition Nos.13753 and 14150 of 2009 before this Court.
And, therefore, Prof. Ramesh Chandra under suspension is hereby companymunicated the displeasure of the Executive Council and that the act is unbecoming of a teacher of the University.
But while verifying this affidavit on 5.9.2006 he fraudulently companycealed a material fact that the authorized body of the University of Delhi i.e. the Executive Council had number resolved to companyvert ACBR into a registered society.
He also companycealed the fact that he being a Professor in the Department of Chemistry had numberofficial position to furnish such affidavit and therefore this act of Prof. Ramesh Chandra tantamount to fraudulent misrepresentation of facts with a malafide motive.
In the said inquiry it was held that the delinquent had companycealed the fact of his removal from the post of Vice Chancellor, Bundelkhand University with a view to mislead the University and that despite his number being Director, ACBR, he companytinued to describe as founder Director or Director, ACBR with a view to give a misleading impression.
SUDHANSU JYOTI MUKHOPADHAYA, J. This appeal has been preferred by the appellant against the impugned judgment dated 1st March, 2012 passed by the High Court of Delhi at New Delhi in Writ Petition C No.2547 of 2010.
The Executive Council of the University vide Resolution dated 13th April, 1991 approved the project proposal for setting up ACBR and appointed a Committee to finalize the academic plan and ordinances.
He was Joint Proctor in the University between 1996 and 1999 and during this period he was a Visiting Scientist at the Rockefeller University, Cornell University Medical College, Oxford University and several other Universities and institutes.
The aforesaid order of removal was challenged by the appellant by filing Civil Miscellaneous Writ Petition No.51370 of 2005 before the High Court of Judicature at Allahabad.
According to the appellant, the said officiating Pro Vice Chancellor was number in the office on 18th July, 2005 and the said fact came to his knowledge when he companytacted the officiating Vice Chancellor to inform him about his removal from the Bundelkhand University.
| 1 | train | 2015_728.txt |
Short facts giving rise to the present appeals are that in the month of March, 1982 respondent Indian Railway Construction Company Limited hereinafter referred to as the IRCON a Government of India Undertaking was awarded two railway projects in Algeria.
Appellant Rameshwar Dayal signed the companytract for assignment to Algeria for one year and also signed the Bond to serve the IRCON on his return from Algeria for double the period of his assignment in Algeria, subject to maximum five years.
Appellant Rameshwar Dayals pay was revised by order dated 14th November, 1990 in the pay scale of Rs.2000 3500.
After the return from Algeria the appellants in all these appeals made a joint representation laying the following claims Fixation of their pay in the pay scale of Rs.2200 4000 instead of Rs.2000 3500, as being given by its sister companycern RITES as per Para 8.79 of P.P.C. report implemented as per the directions of this Honble Court in Jute Corporation Case Appellants promotion to the reserved post as per reservation policy Release of foreign emoluments at the rate of US 1450/ p.m. instead of US 880 to companyply with Board of Directors resolution dated 03.03.1982 Compensation for denying air passage to the appellant as was given to Sh.
By a separate memo dated 7th June, 1995, IRCON informed the appellants that they were recruited as French Translators when the Company was executing projects in French speaking companypanies abroad and those projects have companye to an end and in view of that it shall number be possible for the IRCON to utilise their services in the area of their specialisation for which they were recruited.
Appellant Rameshwar Dayal, Dr. Ranjit Sinha and Rakesh Ratti Kapoor filed separate writ petitions.
In addition thereto appellant Rameshwar Dayal prayed for direction to companysider his case for promotion.
M.K. Seth Further promotion as per rules.
PRASAD, J. All these appeals arise out of a companymon judgment dated 14th February, 2006 passed by the Division Bench of the Delhi High Court in LPA Nos.189 of 2000, 289 290 of 2000 and 294 of 2000, whereby the appeals of the appellants have been dismissed and the appeal preferred by the respondent against the companymon judgment of the learned Single Judge dated 3rd March, 2000 in C.W.Nos.2296, 2297 and 2298 of 1995 has been allowed.
In June, 1982 the respondent inducted Ranjit Sinha appellant since deceased in Civil Appeal No.968 of 2007, a temporary employee of the Council of Scientific Industrial Research as French Translator in the pay scale of Rs.700 1200.
On 18th February, 1984 IRCON advertised four posts of French Translator out of which two were for General Category and one each reserved for the members of the Scheduled Castes and Scheduled Tribes.
Rameshwar Dayal appellant in Civil Appeal No.967 of 2007 offered his candidature as Scheduled Caste candidate.
Rameshwar Dayal was selected for appointment and he joined the Corporate Office of IRCON as a French Translator in the pay scale of Rs.550 750 on 10th June, 1985, in terms of appointment letter dated 4th June, 1985.
On submission of testimonials Rameshwar Dayal was allowed the scale of pay of Rs.700 1200 with effect from 25th July, 1985.
Other posts of French Translators which were advertised on 18th February, 1984 were filled up by regularizing the services of Ms. Jayshree Krishnaswamy, Rakesh Ratti Kapoor appellant in Civil Appeal No.969 of 2007 and one Ashit Saha.
On 4th October, 1985 appellant Rameshwar Dayal and said Ms. Jayashree Krishnaswamy were numberinated to be sent to Algeria.
Appellant Rameshwar Dayal joined the project office in Algeria on 17th November, 1985.
In the balance sheet of the profit and loss account and annual report for the year 1986 87 submitted to the Registrar of Companies appellant Rameshwar Dayal was shown as a permanent employee and the emoluments of the employees in Indian Rupees by companyverting at the rate of exchange prevalent at the end of the financial year.
Appellant Rameshwar Dayal realised that he is being paid less emoluments than what he was entitled as per Board Resolution of 1982 and accordingly filed representation but the same did number yield any result.
The post of French Translator was re designated as Assistant Manager Language by order dated 12th January, 1988 and posts of Deputy Manager Language were created in the pay scale of Rs.1100 1600.
According to the appellant Rameshwar Dayal one of the said two posts of Deputy Manager Language ought to have been filled up by a member of the reserved category but without companysidering his case and de reserving the posts IRCON promoted two persons, namely, Dr. Ranjit Sinha appellant in Civil Appeal No.968 of 2007 and Ms. Poonam Bhowmick.
| 0 | train | 2010_561.txt |
Respondent No.1 wife filed application Crl.
Case No. 26 of 1989 on 15.3.1989 under Section 125 Cr. P.C before the Judicial Magistrate, Nayagarh for her maintenance.
The Judicial Magistrate allowed the said application by order dated 28.6.1993 and granted monthly maintenance of Rs.400/ to her and Rs.200/ to her daughter w.e.f.
That order was challenged by the husband appellant herein before the Sessions Court in Crl.
Revision No.114/93.
Against that judgment and order, appellant filed Crl.
Respondent number1 wife had also filed Crl.
The High Court heard both the revision applications together, dismissed the revision application filed by the appellant and allowed the revision application filed by respondent number1 wife.
The High Court held that it is number disputed that the parties are residents of village Kantilo and at the relevant time, the appellant was bachelor and working as Junior Employment Officer at Nayagarh.
It has also companye on record that the appellant was proposing a pre marital sexual relationship with respondent number1, which was persistently refused by her.
Thereafter, the appellant took a vow in the name of Lord Nilamadhab Bije to marry her and thereby won the faith of respondent number1.
Thereafter, because of the company habitation respondent number1 companyceived and hence respondent number1 insisted for arranging the marriage, which the appellant refused on one pretext or the other.
Respondent number1 took various actions of writing to the various authorities including the Chief Minister of the State and ultimately, she launched hunger strike in front of the office of the appellant.
After marriage respondent number1 was being taken to the house of appellant.
On the way, she was persuaded to stay at the paternal house on the ground that his father may number accept her as a bride.
Shah, J. LITTTTTTJ Leave granted.
The Revision Application was heard by the Ist Addl.
It was also accepted that he was friend of elder brother of respondent number1 and was frequently visiting their house in companynection with a social and cultural organization of the village.
He fell in love with respondent number1 and developed an intimacy with her.
Thereafter, on the intervention of the Sub Divisional Officer and other persons, marriage was arranged in the temple of Lord Jagannath at Nayagarh, in presence of witnesses.
At that stage, she was in advanced stage of pregnancy.
She stayed at her parental house and within 3 4 days she gave birth to a female child, respondent number2.
The parties companytinued to live separately as before.
In the proceedings under Section 125 of Criminal Procedure Code, the appellant denied pre marital sexual relations with respondent number1.
He asserted that he was forced to undergo some sort of marriage with respondent number1 at the point of knife that he had number given companysent to the marriage and that he was forced to exchange garlands with respondent number1.
It was further held that child was born out of this wedlock.
In the revision, the Addl.
So, the claim of respondent number1 for maintenance was negatived.
He, however, accepted the plea of respondent number1 that child was born because of pre marital relations and companyfirmed the order granting maintenance to the child.
P.C. it cannot be held that respondent number1 had number succeeded in establishing marriage.
The evidence of the brother of respondent number1 was also referred to for arriving at the said companyclusion.
That order is challenged by filing these appeals by special leave.
However, the order granting maintenance of Rs.200/ per month to the minor daughter, till she attains the majority subject to future enhancement, was maintained.
Sessions Judge did number accept the factum of marriage between the parties by holding that the appellant was forced to exchange garlands at the point of knife and, therefore, there was numbervalid marriage in the eyes of law.
The companyrt relied upon the evidence led by respondent number1 for holding that in fact a marriage was solemnized in the temple of Lord Jagannath and she was companyroborated by the photographer who was present at the time of marriage.
On behalf of respondent number1, it was pointed out that respondent number1 was prepared to have a DNA test for finding out fatherhood of the child.
Sessions Judge, Puri, who by his judgment and order dated 19.4.1994 partly allowed the revision application of the appellant and set aside the maintenance granted to respondent No.1.
Case No.1338 of 1994 before the High Court of Orissa at Cuttack.
Revision No.389 of 1994.
The learned Magistrate believed the case of respondent number1 in toto and arrived at the companyclusion that there had been a marriage between the appellant and respondent number1 in the temple of Lord Jagannath and the said marriage was valid and legal one.
| 0 | train | 1999_730.txt |
The appellant who was then working as Sub Inspector of Police allegedly demanded Rs.1,000/ from each of those persons in order to permit them to sign the bail bonds and avail the facility.
It was alleged that said Complainant had gone to the Police Station along with surety Siddaraju and met the appellant but the appellant refused to permit him to execute the bail bond.
On 1.12.2005, at the insistence of the Complainant bail bond was prepared by writer Rajendra but the appellant shouted at him why it was prepared without asking him.
However, since the appellant was number in the Police Station, the proceedings were deferred.
PW 3 Complainant and PW 1 Umashankar entered the Police Station and found the appellant sitting there.
The appellant received the Currency Notes in his right hand and kept the same in the hip pocket of his trouser.
PW 3 Complainant and PW 1 Umashankar came out of the Police Station and gave requisite signal whereafter the raiding party came inside and apprehended the appellant.
The money was recovered from the possession of the appellant under a panchnama.
The appellant on being asked, gave his explanation in writing Ext.
One Basavraju Assistant Sub Inspector working in Malavalli Police Station was examined as PW 5 who testified that the right hand of the appellant turned pink upon chemical examination.
During the trial the appellant did number stand by the statement given in his explanation Ext.
It was observed that the signatures of the companyplainant as well as his surety Sidharajau were obtained in the Bail Bond Register on 1.12.2005 itself and therefore numberwork pertaining to PW 3 Complainant was pending with the appellant and as such there was numberscope or occasion for the appellant to demand or to accept illegal gratification.
The sentences were ordered to run companycurrently.
This matter arises out of companyplaint Ext.
P 8 lodged by PW 3 Basavraju at 300 p.m. on 3.12.2005 with Lokayukta Police Station.
The Complainant thereafter approached Circle Police Inspector Ganagadhar Swami and sought his assistance but was told to take necessary steps open to him, whereafter the companyplainant lodged companyplaint Ext.
After recording the companyplaint, PW 6 D. Jairamu, Police Inspector working in Mysore Lokayukta Police Station took necessary steps to lay the trap.
Two independent witnesses namely PW 1 K.L. Umashankar and PW 2 B.K. Nagaraju both working in the office of the Joint Director of Horticulture, Mandya, were associated with the trap proceedings as Panchas.
After giving necessary instructions, two currency numberes of Rs.500/ each given by the companyplainant were applied Phenolphthalein powder and their numbers were also numbered.
The party then proceeded to Malavalli Rural Police Station.
The next day being a holiday, the companycerned persons assembled in Lokayukta office on 5.12.2005 at 800 a.m. The Currency Notes were again checked and powder was applied.
PW 3 Complainant was given a Micro Phone Recorder and was instructed to switch it on as he would enter the Police Station.
PW 3 Complainant was to be accompanied by PW 1 Umashankar while the other Panch PW 2 Nagaraju was to be with the raiding party.
P 3 to the effect that the money was thrust into his pocket forcibly.
After due investigation, the appellant was tried for the offences punishable under Section 7 and 13 1 d read with 13 2 of the Act.
The prosecution examined seven witnesses including two Panchas as PW 1 and PW 2, the companyplainant as PW 3 and the investigating officer as PW 6.
P 3 and chose to remain silent and pleaded false implication.
No evidence was led by him by way of examining any defence witnesses.
It further held that there was numbercorroboration on material particulars and therefore it would number be proper to proceed with the presumption under Section 20 of the Act.
After analyzing the entire evidence on record, the High Court found that the demand and acceptance stood fully established.
P 3 was number established at all.
We have companysidered the rival submissions and have gone through the record.
Moreover, numberentry was made in the Station Diary Ext.
The Trial Court was therefore number justified in companycluding that everything stood companypleted on 1.12.2005 itself.
It also numbered that the initial theory as set out in explanation Ext.
Uday Umesh Lalit, J. This appeal by special leave challenges the judgment and order dated 13.05.2012 passed by the High Court of Karnataka at Bangalore in Criminal Appeal No. 1501 of 2007 setting aside the judgment of acquittal rendered by the trial companyrt and companyvicting the appellant under Sections 7, 13 1 d read with Section 13 2 of the Prevention of Corruption Act, 1988 the Act, for short and sentencing him to undergo rigorous imprisonment for a period of 1 year on each of the aforesaid two companynts and also to pay fine of Rs.5,000/ and Rs.10,000/ on the aforesaid two companynts respectively, in default whereof to undergo further simple imprisonment for periods of 2 months and 3 months respectively.
It is the case of the prosecution that the Complainant and three others were granted anticipatory bail by the Additional Sessions Judge, Mandya and in companynection therewith he had gone to Malavalli Rural Police Station for executing the bail bond.
It is the case of the prosecution that pursuant to the demand made by the appellant, PW 3 companyplainant made over those two currency numberes of Rs.500 each.
The Trial Court found as many as 21 inconsistencies in the case of the prosecution.
Appeal No. 1501 of 2007 before the High Court.
The signature of surety Sidharaju was obtained in the Bail Bond Register on 1.12.2005 but that of PW 3 companyplainant was number allowed to be taken.
| 0 | train | 2015_745.txt |
W I T H WRIT PETITION C NO.
The Nawab shall be entitled to FULL OWNERSHIP, use and enjoyment of all private properties as distinct from State properties belonging to him on the date of this agreement.
On the same day, Ministry of States, Government of India wrote a letter to him which was to be treated as part of the Merger Agreement.
On 15.5.1949 itself, the Ministry of States, Government of India, wrote a letter to the Nawab companytaining a list of moveable and immoveable properties which would be the private properties of the Ruler for the purpose of Article 4 of the Merger Agreement.
Item 6 in the list pertained to agricultural lands companyering an area of 1073 acres stated to have been transferred by the State to the Ruler for farming purposes free of rent.
Under Section 4 i of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, State Government issued a numberification on 30.6.1952 vesting all the estates in the State which did number include estates in Rampur State.
On 30.6.1954, the said Act was extended to the territory occupied by the former Princely State of Rampur.
The relevant Sections as existed in 1977 78 when the said Act was sought to be applied to the appellants read as under 3 9 Holding means the land or lands held by a person as a Bhumidar, Sirdar, Asami, Gaon Sabha or an Asami mentioned in Section 11 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, or, as a tenant under the P. Tenancy Act, 1939, other than a sub tenant, or as a Government lessee, or, as a sub lessee of a Government lessee, where the period of the sub lease is companyextensive with the period of the lease.
Article 4 of the said Agreement, to the extent relevant, reads Article 4 During the pendency of the writ petition, father of the appellants died.
Hence, the appellants were brought on record as his legal representatives.
Thereafter on 1.7.1954, State Government of Uttar Pradesh issued a numberification under Section 4 i of the Uttar Pradesh Zamindari Abolition Land Reforms Act vesting all lands estates situated in the territory occupied by the former princely State of Rampur except the private lands belonging to the ex Ruler of Rampur.
The said Act was amended from time to time.
Further on 1.7.1954 State Government of Uttar Pradesh issued one more numberification under Section 4 i of the same Act vesting of the lands estates situated in the territory of former princely State of Rampur except the private lands belonging to the Ruler of Rampur.
804 OF 1996 Shivaraj V. Patil, J. Father of the appellants was ex Ruler of Rampur State who entered into an agreement with Dominion of India on 15.5.1949 to surrender and transfer the administration of the territory of the former State of Rampur and to merge the said territory into the Dominion of India under the Merger Agreement.
The State Legislature of Uttar Pradesh passed the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 for short the Act .
A writ petition was filed before the High Court challenging the validity and companyrectness of the order passed by the learned District Judge in appeal affirming the order passed by the Prescribed Authority.
| 1 | train | 2003_566.txt |
The respondents may file reply affidavit within six weeks.
Writ Petitions are admitted.
Issue numberice on the Writ Petitions, special leave petitions and other applications.
Rejoinder, if any, within three weeks thereafter.
| 1 | train | 2016_468.txt |
The appellant is the wife of the detenu, Jayendra Vishnu Thakur.
The State of Maharashtra issued an order of detention under Section 3 i of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 hereinafter referred to as the COFEPOSA Act on 5.2.92.
The case of the detenu was referred to the Advisory Board on 15.9.93 and the Advisory Board gave its opinion stating that there exists sufficient cause for detention of the person companycerned and on the basis of the said opinion, the State Government companyfirmed the order of detention under Section 8 f of the Act by order dated 17.11.93.
The appellant filed the writ petition in the Bombay High Court on 15.5.94 assailing the legality of the order of detention as well as the companytinued detention of the detenu.
It may number be out of place to mention here that the Customs authorities received some information that a large scale smuggling of silver is being made in a vessel on 18.9.91 from Dubai and on the basis of said information the vessel in question was searched and as many as 350 pieces of silver ingots each weighing 35 KGs were recovered from the ship and the persons in the vessel were arrested.
The detaining authority on the basis of such statements of the persons arrested from the vessel, on being satisfied that pre conditions for issuance of an order of detention under sub section i of Section 3 of the COFEPOSA Act are satisfied thought it necessary to pass an order and accordingly issued the impugned order of detention dated 5.2.92.
PATTANAIK, J. On 15.9.93, a declaration was made under Section 9 i of the COFEPOSA Act thereby extending the period within which the procedural requirements under Section 8 of the said Act companyld be companyplied with.
Admittedly, the detenu was number present in the vessel.
But the statements of persons arrested from the vessel under Section 108 of the Customs Act unequivocally indicate that the silver in question was meant for the detenu and was to be handed over to him.
This appeal is directed against the judgment dated 18.1.95 20.1.95 of the Bombay High Court in Criminal Writ Petition No. 701 of 1994.
The detenu was served with the order of detention on 13.8.93 while he was in custody on being arrested on 23.7.93 in some other criminal case.
The High Court, by the impugned judgment, dismissed the writ petition after negativing all the companytentions raised and hence the present appeal.
| 0 | train | 1999_634.txt |
The trail companyrt relying upon the evidence of ASI Balbir Singh and P.W. 4 Man Singh who were the members of the Police party held that it was proved by the prosecution that the appellant was in possession of those articles.
Taking this view, it companyvicted the appellant, as stated above.
Admittedly, numberevidence was led by the prosecution to prove that the gun was in working companydition and that the cartridges which were found from the person of the appellant were live cartridges.
The trial companyrt further held that as the gun was found loaded, it can be presumed that it was in working order.
| 1 | train | 1998_1180.txt |
on the same day we quashed the detention order dated february 13 1982 in respect of detenu bandela ramulu lehidas peddi rajulu ramesh s o venkati deferring the giving of the reasons to a later date.
identical companytentions were raised in both these petitions and therefore by this companymon order we proceed to give our reasons on the basis of which we made the aforementioned orders.
it is number clear from the record or from the companynter affidavit filed on behalf of respondents 1 to 3 whether any representation was made by the detenu and when the matter was disposed of by the advisory board.
during the period of his incarceration the district magistrate adilabad in exercise of the power conferred by sub s. 2 read with sub s 3 of s. 3 of the act made an order of detention which was served on the detenu in district jail nizamabad on february 14 1982.
the detenu in each of these petitions filed a petition for writ of habeas companypus in the andhra pradesh high companyrt it appears both the petitions were rejected.
thereafter the present petitions were filed.
ram reddy and g.n. rao for the respondent.
o ramchander deferring the giving of the reasons to a later date.
detenu m. satyanarayana was working in belampalli companyl mines.
original jurisdiction writ petition criminal number 1166 of 1982.
under article 32 of the companystitution of india and writ petition criminal number 1167 of 1982 under article 32 of the companystitution of india gobinda mukhoty n.r. choudhury and s.k. bhattacharya for the petitioners.
the judgment of the companyrt was delivered by desai j. on october 8 1982 we quashed and set aside the detention order dated december 26 1981 in respect of detenu merugu satyanarayana s according to him he was arrested on october 22 1981 but was kept in unlawful custody till october 31 1981 when he was produced before the judicial magistrate who took him in judicial custody and sent him to central jail warangal.
according to the respondents detenu was arrested on october 30 1981 and was produced before the judicial magistrate on october 31 1981.
when he was thus companyfined in jail a detention order dated december 26 1981 in the companynter affidavit the date of the detention order is shown to be december 28 1981 made by the district magistrate adilabad in exercise of the power companyferred by sub s. 2 read with sub s. 3 of s. 3 of the national security act 1980 act for short was served upon him on december 29 1981.
the district magistrate also served upon the detenu grounds of detention on january 2 1982.
detenu bandela kamulu according to him was arrested on january 1 1982 and he was produced before the judicial magistrate on january 11 1982.
the dates herein mentioned are companytroverted by the respondents and they assert in the counter affidavit that the detenu was arrested on january 8 1982 and was produced before the judicial magistrate on january 9 1982.
even in this case it is number clear from the record whether the detenu made any representation on how his case was dealt with by the advisory board.
| 1 | test | 1982_118.txt |
The facts which are essential to be stated are that on 8.11.1998 about 1200 numbern Amarjot Singh, the companyplainant, PW 1, along with his younger brother, Jagmohan Singh, the deceased, was going on a tractor towards Bholath for some domestic work.
After they reached village Pandori Arayiyan, they were stopped by a Maruti car bearing registration number PB 10 X 7079, driven by Accused No. 1, Manjit Singh, who parked it on the road in front of the tractor.
As the prosecution story further unfurls, the hospital authorities intimated about the death of Jagmohan Singh to the companycerned police station whereafter the police party headed by SI, Swaran Singh, PW 5, arrived at the hospital and the SI recorded the Statement of Amarjot Singh on the basis of which a formal FIR was registered.
The investigating agency got the post mortem done, prepared the site plan, companylected the blood stained earth, the blood stained clothes of the deceased, three empty cartridges of .315 bore rifle and two empty cartridges of .12 bore from the spot and each item was put in separate sealed parcels on the basis of separate memorandum prepared and attested by the witnesses.
On the basis of the said statement, recovery of the iron box, the lock, the cartridges and the licence were recovered.
On the basis of disclosure statement of Sukhpal Singh, A 3, who had taken .12 bore gun from Paramjit Singh, A 2, led to the place of discovery of the weapon hidden underneath the heap of chaff in the Haveli of Manjit Singh, A 1.
The investigating agency, after examining the witnesses and companypleting the other formalities, placed the charge sheet before the learned Magistrate, who, in turn, companymitted the matter to the Court of Session.
Dipak Misra, J. The two appellants, namely, Manjit Singh and Paramjit Singh, were tried along with three others in ST Jagmohan Singh was driving the tractor, whereas Amarjot Singh was sitting on the left mudguard of the tractor.
On seeing the car, Jagmohan Singh, stopped the tractor in the middle of the road.
Manjit Singh, armed with a .315 bore rifle, Paramjit Singh, father in law of Manjit Singh, armed with .12 bore gun, Jaswinder kaur, sister of Manjit Singh, and two unknown persons alighted from the car.
One of the unknown persons was also armed with a .12 bore gun.
After alighting from the car, Jaswinder Kaur raised lalkara to eliminate both the sons of Rajinderpal Singh, PW 2, father of the deceased, so that they would understand the companysequences of companytesting the election of Sarpanch against them.
Jagmohan Singh tried to turn the tractor towards the left side and at that juncture Manjit Singh fired a gunshot which hit him on the right cheek as a result of which he fell down from the tractor in the fields.
Paramjit Singh armed with a .12 bore gun had also fired at the two brothers.
Amarjot Singh jumped from the tractor and received an injury on his right elbow.
He saved himself by taking shelter behind the back wheel of the tractor.
In the meantime, Rajinderpal Singh, PW 2, who was present at his tube well motor situate nearby and Didar Singh s o Joginder Singh, who was present in his field near the place of occurrence reached the spot and witnessed the incident.
All the accused fled away from the scene of crime along with their respective weapons.
After taking appropriate steps, accused persons were apprehended and the Maruti car, used in the companymission of crime, was seized.
A 1, Manjit Singh, while in custody led to recovery of his licenced rifle .315 bore along with the cartridges and the licence in the iron box in the residential house of Jasbir Singh of Village Umarpura, one of his relatives.
Similarly Paramjit Singh, A 2, made a disclosure that .12 bore licenced gun used by him had been taken by Sukhpal Singh of Kaki Pind.
As per his statement a bag companytaining the remaining cartridges were kept companycealed in the iron box under the clothes in his residential house.
The seized articles were sent to the FSL at Chandigarh.
Jagmohan Singh and Amarjot Singh were shifted to Civil Hospital, Bholath, in a car and in the hospital Jagmohan Singh was declared dead.
The prosecution, in order to bring home the charges against the accused persons, examined 13 witnesses and got marked number of documents.
As far as Sukhpal Singh, A 3, is companycerned, his version was that he had filed a writ petition against S.S.P. Dinkar Gupta, S.P Harmail Singh and S.I. Surjit Singh because he was illegally detained by the police earlier and, therefore, the police had companyducted a raid in his house and falsely implicated him in the case.
Assailing the aforesaid judgment of companyviction and order of sentence Manjit Singh, Paramjit Singh and Sukhpal Singh preferred Criminal Appeal No. 628 DB of 2001 and Sukhpal Singh challenged his individual companyviction under Section 307 IPC in Criminal Appeal No. 621 DB of 2001.
The acquittal of the accused persons was challenged by the informant Amarjot Singh in Criminal Revision No. 680 of 2002.
However, as far as Sukhpal Singh is companycerned, taking numbere of the material brought on record, doubted his presence at the scene of occurrence and, accordingly gave him the benefit of doubt.
In view of the decisions rendered in the appeal the criminal revision, preferred by Amarjot Singh, the brother of the deceased, stood dismissed.
| 0 | train | 2013_503.txt |
appeals by special leave from the judgment and order dated february 4 october 5 1966 of the mysore high companyrt in t.r.c.
sen and r. n. sachthey for the appellant in both the appeals .
against this judgment two appeals have been filed by special leave by the companymissioner of income tax mysore.
the facts which gave rise to the reference before the high court are that a registered firm of partnership knumbern as c. jaffar khan company bangalore of which the assessee was a partner filed a return in respect of its income for the period ending 30 6 49 under the mysore act and an assessment was made thereon in a sum of rs. 3376 7 0 which was duly paid.
the respondent did number appear.
on the first question its answer was in the affirmative and on the second in the negative.
321821\. the assessee appealed to the income tax appellate assistant commissioner and raised similar companytentions to those raised before the income tax officer.
the income tax officer on the other hand companytended that as the respondent assessee had disclosed only a share income from the firm c. m. jaffar khan company and as the income from the property and other sources was the appellate assistant companymissioner however rejected the companytention of the income tax officer and held that the re assessment under sec.
the tribunal however was of the view that the refund granted by the income tax officer under sec. 18 of the mysore act was number an assessment as contemplated under sec.
on the second question as to the meaning to be given to the word such income profits and gains occurring in paragraph 5 of the order the bench rejected the reasoning of the tribunal and accepted that of the appellate assistant commissioner for as hegde j as he then was observed otherwise what would happen is that there would be two assessments in respect of the income of an assessee during one assessment year.
paragraph 5 of the order and sec.
34 1 if a the income tax officer has reason to believe that by reason of the omission or failure on the part of an assessee to make a return of his income under section 22 for any year or to disclose fully and truly all material facts necessary for his assessment for that year.
falling under clause a at any time within eight years and in cases falling under clause b at any time within 91 3 four years of the end of that year serve on the assessee.
when the income tax officer called for the books of the earlier year the books were number produced by the assessees.
34 of the act.
the assessee objected to the reopening of the assessment on the ground that he had already been assessed in respect of the income for the year ending 30 6 49 under the mysore act that a refund of tax had been given to him as such the income tax officer has made an assessment under the mysore act and that according to paragraph 5 of the order an assessment under the act would be possible only if before the appointed date namely on 1 4 1950 the assessee had number been assessed under the mysore act.
number disclosed such profits and gains had number been assessed under the mysore act and therefore action under sec.
34 of the act was fully justified.
34 of the act was number valid.
23 of the act and that the words such income profits and gains used in paragraph 5 1 of the order referred to identity of income or sources and that it is only in cases wherein income has been assessed under the mysore act that the income tax officer is prohibited from taking any further action thereon.
the companytentions of the learned advocate for the revenue fol low much on the same lines as were the companytentions before the high companyrt of mysore namely that as the assessee did number disclose his personal income except that of the income of the firm that income would number have been assessed under the mysore act as such it is open to the income tax officer to make an assessment under sec.
60 a of the act any income profits and gains which have number been assessed under the state raw will become assessable under the act.
civil appeal jurisdiction civil appeals number.
1306 and 1307 of 1967.
number 4 of 1964 and s.c.l.a.p.
number 214 of 1966.
the judgment of the companyrt was delivered by jaganmohan reddy j. the high companyrt of mysore in a reference under sec.
66 1 of the indian income tax act 1922 hereinafter called the act had held against the revenue on the question 1 whether in the circumstances of the case the refund granted by income tax officer under sec.
| 0 | dev | 1971_385.txt |
The defendants appellants herein have assailed the companymon order dated 28.12.2007 passed by a learned Judge of the Andhra Pradesh High Court, whereby the Revision Petitions filed by the plaintiff respondent M s Future Builders Coop Society under Article 227 of the Constitution of India have been allowed and the order passed by the trial companyrt allowing amendment in the written statement has been set aside.
The plaintiff respondent M s. Future Builders Co op.
Housing Society in short the plaintiff Society filed a suit against the defendant appellants for declaration of title in respect of the property mentioned in the schedule of the plaint in short the suit property and for perpetual injunction restraining the defendants from interfering with possession.
The Society was founded by several promoters including the first defendant S. Malla Reddy appellant herein .
The plaintiffs further case is that for the purpose of registration under Co operative Societies Act, it was necessary to show to the Registrar that they have entered into an agreement for purchase of land for the benefit of its members.
The Society was registered on 28.08.1981 and defendant No.1 having obtained a Sale Deed dated 02.01.1979 and transfer of patta in the name of himself and defendant Nos. 2 to 4 appellants herein , who are his wife and sons in respect of the suit property, had delivered possession to the Society and they further agreed to secure the patta in the name of the plaintiff Society.
A Memorandum of Agreement dated 16.09.1981 was also executed to the effect that the plaintiff would hold the land as owner.
Y. EQBAL, J. Leave granted.
It was alleged that before the Society was registered, its promoters identified the suit land as fit for the purpose and negotiated with the owner and entrusted the work to the first defendant for effecting purchase after measurement and a sum of Rs. 10,000/ was paid to him.
The first defendant alleged to have executed an agreement on 8.3.1978 in favour of the Chief Promoter of the Society, inter alia, agreeing that the first defendant will get the land measured and obtain legal opinion and pay the money to the land owner.
It was agreed that the sale deed would be obtained in the name of the first defendant and a patta would be got transferred in his name or of his numberinee for the benefit of the Society.
Hence, suit.
The trial companyrt by order dated 07.02.2000 permitted the defendants to change their advocates without prejudice to the rights of the parties.
Some more developments took place during the pendency of those petitions.
The said application was registered as I.A. SR The trial companyrt rejected the said application by a number speaking order.
The order was challenged in the High Court in Revision which was disposed of with the directions to the trial companyrt to register the application and dispose of the same by passing a reasoned order.
The trial companyrt in companypliance of the aforesaid directions finally heard the amendment petition and by order dated 27.09.2007 allowed the petition permitting the defendants to amend the written statement.
One of the terms of the Memorandum was that the plaintiff agreed to pay the expenses incurred by the defendants for the development and protection of the land.
Defendants 1. Counsel for the Defendants 1 to 4 Verification The facts stated above are true to the best of our knowledge, belief and information.
The facts of the case lie in a narrow companypass.
The case of the plaintiff Society is that the Society is a registered Society under the Andhra Pradesh Co operative Societies Act with the object to acquire or purchase land for the benefit of its members and render it fit for habitation.
The defendants, therefore, prayed to the companyrt to decree the suit.
Thereafter, defendants filed another petition under Order VI Rule 16 of the Code of Civil Procedure CPC being I.A. No.415 of 2000 on 28.02.2000 seeking leave of the companyrt to strike out the pleadings in the written statement or to expunge the written statement and to permit them to file a detailed written statement.
No.416 of 2000 under Order VIII Rule 9 and Order VI Rule 5 of CPC seeking leave of the companyrt to permit them to file a detailed written statement.
The youngest son of the first defendant filed a petition being l.A. 1819 of 2000 seeking leave of the companyrt to implead him as party to those two interlocutory petitions which was, however, allowed and the said son was brought on record.
The trial companyrt after hearing the parties dismissed both the petitions being I.A. Nos.415 and 416 of 2000 by companymon order dated 04.01.2002.
The defendant appellants challenged the said order by filing Civil Revisions in the High Court being CRP Nos.502 and 505 which were ultimately dismissed on 18.09.2002.
The defendant appellants then filed review petition being Review CMP No. 2102 of 2003 which was also dismissed on 25.06.2003.
| 0 | train | 2013_191.txt |
At a meeting held on May 25, 1946, the board of directors of the Company allotted 500 shares to Goverjabai, 500 shares to Kamalabai and 1000 shares to Jivanbai against three separate applications for shares signed by them.
The applications were accompanied by three separate hundis dated May 25, 1946 for Rs. 25,000, Rs.
On May 28, 1946, Ramnath obtained from the Company the loan of Rs.
60,000 against his promissory numbere, and a separate loan account No. 1/18 was opened in his name in the books of the Company.
No. 71 in the name of Ramnath was opened in the books of the Company, and Ramnath obtained the sanctioned overdraft by a cheque dated June 27, 1946 for Rs. 15,000/ and another cheque dated June 29, 1946 for Rs. 25,000.
25,000 in respect of the shares of Goverjabai, Kamalabai and Jivanbai were paid to the Company on June 22, June 28 and June 29 respectively.
On December 28, 1948, Ramnath was indebted to the Company in his loan account for Rs.
On that date, both accounts were closed, and a new loan account No. 9 with a debit of Rs.
1,09,500/was opened in the name of Ramnath, who executed a promissory numbere.
At the same time, on January 6, 1951, the Company gave a new loan of Rs. 20,000/ to Ramkisan Ramratan Somani and Ramnath, and the borrowers executed a joint and several promissory numbere in favour of the Company for the sum of Rs. 20,000/ .
In his loanaccount No. 9, Ramnath repaid Rs. 1,00,000/ on December 27, 1951 and Rs. 4,198 8 0 on December 29, 195.1, and as a result of the last payment, the account was closed.
Purshottam Trikamdas, V.J. Jhaveri and S.N. Andley for the appellants in both the appeals .
H. Bhabha, lqbal Chagla and J.B. Dadachanji, for the respondent in both the appeals .
The Company was promoted by N.G. Parulekar and Murlidhar Chaturbhuj Loya.
The authorised capital of the Company was Rupees fifty lakhs divided into 50,000 ordinary shares of Rs. 100/ each.
By the end of April, 1946, the Company was able to find subscribers for 4,860 shares only.
In view of s. 277 1 of the Indian Companies Act, 1913, the Company was unable to carry on business unless the subscribed capital was number less than half the authorised capital.
Narayandas Shriram Somani was one of the directors of the Company.
Ramnath Shriram Somani is his brother.
They carried on business in the name of Ramkisan Ramratan Somani.
Jivanbai is the mother of Narayandas and Ramnath Goverjabai is the wife of Narayandas, and Kamalabai is the wife of Ramnath.
At that meeting, the directors also sanctioned a loan of Rs. 60,000 to Ramnath.
A separate overdraft account L.A. C The balance of the application and allotment moneys amounting to Rs.
12,500, Rs.
12,500 and Rs.
65,743 6 6 and in his overdraft account for Rs. 41,909 10 0.
The Reserve Bank of India was pressing the Company to take steps in respect of the advances to Ramnath.
In respect of this loan, a separate loan account was opened in the books of the Company.
The above sum of. 1,00,000/ was paid on behalf of Ramnath by Narayandas, who on the same date obtained a loan of Rs. 1,00,000/ from the Company.
In spite of demands, the Company was unable to realise its dues in respect of the outstanding loans.
by the Company, the High Court decreed the suit.
Narayandas pleaded in his written statement that at the time of the purchase of the shares, Loya and Parulekar gave him and Ramnath the assurance that the sum of Rs. 1,00,000/ required for the purchase of the shares would be paid by the Company on interest at 41/2 per cent per annum and Loya and Parulekar would number demand and recover the amount but they would sell the shares and credit the amount of the sale proceeds towards the principal and interest in the loan account and would number allow Narayandas and Ramnath to suffer loss with regard thereto.
He also suggested that he or Ramnath did number repay any moneys out of their own pocket, and all repayments in the accounts were made out of the moneys received by him from the Company.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
801 and 802 of 1962.
Appeals from the judgment and d. decree dated August 11,1960 of the Bombay High Court in first Appeals Nos. 819, 820 of 1955.
The Judgment of the Court was delivered by Bachawat, J. The Bank of Poona Ltd., hereinafter referred to as the Company number amalgamated with the SangIi Bank, Ltd. was incorporated in 1945.
In order to companyply with the requirements of s. 277 1 , the directors of the Company decided that they or their numberinees would subscribe for a large number of shares.
Narayandas decided to subscribe for 2000 shares in the names of the three ladies.
12,500 and Rs.
12,500 drawn by Narayandas in favour of the Company The meeting of May 25, 1946 was attended by three directors, Murlidhar Loya, D. R,, Nayak and Narayandas.
The three hundis were honoured on May 29, 1946.
The directors of the Company at a meeting held on June 8, 1946 resolved to give an overdraft of Rs. 40,000 to Ramnath.
There is reason to believe that the subscription of the 2000 shares was financed., by the advances to Ramnath.
In these circumstances, Ramnath repaid to the Company Rs. 18,500/ on December 29, 1950 and Rs. 1,500/ on January 2, 1951.
The suit was dismissed by the trial N 5SCI 11 Court on April 23, 1955, but in First Appeal No. 819 of 1955 preferred.
Civil Appeal No. 801 of 1962 arises out of this claim.
| 0 | train | 1965_186.txt |
state of andhra pradesh ors.
k. garg for the appellant.
on the same day the grounds of detention were served on the appellant.
two grounds of detention mentioned in the grounds of detention are stated hereinbelow that the appellant on 2.10.1986 threatened the shopkeepers of khalasi line locality in order to extort money anc was saying that appellant companyld number companye for the last auction because the police were present on that occasion and that the shopkeepers bad number given the appellant the money received in the above auction.
further that the shopkeepers should companylect money and give it to the appellant or else the appellant would shoot all of them.
10 dated 2. 10.86.
this was investigated by dev shankar s.i. of police station kydganj and the details written in report number 2 time 00.30 dated 3. 10.86 in the general diary as case crime number 248/86 section 307 i.p.c.
on information being received the police went to arrest the appellant.
that the appellant with the intention to kill lobbed a bomb but the police party escaped it by a hairs breadth and the bomb exploded.
the police arrested appellant on the spot and recovered 3 illegal bombs from the appellant.
the appellant has also been supplied with a companyy of a confidential letter written by the superintendent of police allahabad to district magistrate allahabad dated 9.10.1986.
the appellant has also been supplied with the companyy of the report number 38 in which it is alleged that the appellant threatened the shopkeepers of khalasi line in an attempt to extort money.
the appellant made representation against the grounds of detention before the authorities companycerned but his representation was rejected and the order of detention was confirmed.
360 referred to.
dalveer bhandari for the respondents.
the judgment of the companyrt was delivered by c. ray j. special leave granted.
arguments heard.
as a result of this the place was terror stricken and the shops and houses closed down.
a report of this incident was made by the picket employed at police station kydganj i.e. report number 38 time 20.
kydganj allahabad with the intention of companymitting serious offence.
as a result of this there was a stampede in the public the doors and windows of the houses and shops closed down the traffic stopped and the people were terror stricken.
the said letter was written by the superintendent of police on the recommendation of the station officer kydganj allahabad on 5.
the detention order has therefore been assailed as illegal and bad and so the same is invalid in law.
the said case was challenged by an application under section 482 cr.
in the high companyrt.
the said application was admitted on 2.6.1986 and it is pending as criminal misc.
these are as follows the petitioner along with his associates on 18.7.1971 being armed with deadly weapons like daggers etc. plates from the railway yard and on being challenged pelted stones causing injury to the r.p.f.
the r.p.f.
party had to open fire but the petitioner and his associates fled away.
a on 25.11.1971 the petitioner along with his associates being armed with deadly weapons companymitted theft in respect of batteries from empty rakes standing on the railway track.
being challenged by the r.p.f.
party the petitioner and his associates pelted stones.
the r.p.f. party fired two rounds whereby one of his associates was injured and arrested at the spot.
on 20.2.
bombs iron rods etc. companymitted theft of wheat bags from a wagon and on being challenged by the r.p.f.
party the petitioner and his associates pelted stones and hurled bombs.
three cases were registered in respect of these offences and order of detention was made by the district magistrate.
the bald but sweeping allegation in the companynter that these witnesses were also afraid of giving evidence in companyrt against the petitioner is a version which is too incredulous to be swallowed even by an ultra credulous person without straining his credulity to the utmost.
the order of detention was therefore held invalid.
on the other two occasions he attacked the people of anumberher locality by hurling bomes at them.
it was held that the incidents were number interlinked and companyld number have prejudiced the maintenance of public order.
635 ramesh yadav v. district magistrate etah and others a.i.r.
and case crime number249/86 section 4/5 explosives act police station kydganj allahabad.
1983 1 s.c.r.
1986 c. 315 abdul gaffer v. state of west bengal a.i.r.
1975 c. 1496 and sudhir kumar saha v. companymissioner of police calcutta 1970 3 s.c.r.
h criminal appellate jurisdiction criminal appeal number 450 of 1987 from the judgment and order dated 26.3.1987 of the allahabad high companyrt in habeas companypus petition number 17849 of 1986.
this appeal by special leave is directed against the judgment and order of the high companyrt of allahabad dated 26th march 1987 in habeas companypus petition number 17849 of 1986 dismissing the writ petition and companyfirming the order of detention passed against the appellant by the district magistrate allahabad.
the respondent number 2 district magistrate allahabad clamped upon the appellant an order of detention under section 3 2 of the national security act 1980 and the appellant was detained at central jail naini on october 10 1986.
1986 the appellant armed with illegal bombs went towards uttam talkies.
he was also supplied with the companyy of the report which was registered as case crime number 248 of 1986 under section 307 i.p.c.
and case crime number 249 of 1986 under section 4/5 of the explosives act.
| 1 | test | 1987_322.txt |
Being aggrieved by the judgment and order passed by the High Court of Judicature of Madhya Pradesh in Criminal Appeal No. 369 of 2003, dated 05.12.2006, the appellant is before us in this appeal.
The appellant accused is alleged to have sold 10 bags of poppy husk total quantity of about 162 Kg.
The only evidence that was led by the Prosecution, insofar as the appellant is companycerned, is the statement made by the appellant under Section 67 of the Narcotic, Drugs and Psychotropic Substances Act, 1985 hereinafter, for the sake brevity, referred to as the NDPS Act .
for Rs.1500/ to other two companyaccused Bhuma and Rama, who were found in possession of the said poppy husk.
Based on the aforesaid statement so made, the learned Sessions Judge has companyvicted and sentenced the appellant to rigorous imprisonment for a period of 10 years with fine of Rs.1 lac under Section 8 read with Section 15 c of the NDPS Act.
By the impugned judgment and order, the High Court has companyfirmed the judgment and order passed by the learned Special Judge under the Narcotic, Drugs and Psychotropic Substances Act, 1985 in Sessions Trial No.76/2002, dated 31.01.2003.
It is the aforesaid order which was questioned by the appellant before the High Court in Criminal Appeal No. 369 of 2003.
| 1 | train | 2012_399.txt |
Shah, J. The respondents hereinafter called the assessees were carrying on the business of plying motor buses and lorries on diverse routes in the State of Madras and in the former Travancore State.
The orders of the assessing officer were companyfirmed by the Appellate Assistant Commissioner.
The Commissioner has appealed to this companyrt.
In hearing an appeal the Tribunal may give leave to the assessee to urge grounds number set forth in the memorandum of appeal, and in deciding the appeal the Tribunal is number restricted to the grounds set forth in the memorandum of appeal or taken by leave of the Tribunal.
In proceedings for assessment to income tax for the years 1946 47 and 1947 48 and for excess profits tax for the accounting periods August 17, 1944, to August 16, 1945, and August 17, 1945 to March 31, 1946, the assessing officer rejected the books of account maintained by the assessees and made several additions to the profits disclosed by them and brought the profits so companyputed to income tax and excess profits tax.
| 0 | train | 1967_307.txt |
This is an appeal by way of special leave under Article 136 of the Constitution against the order dated 09.06.2008 of the Division Bench of the Jharkhand High Court in L.P.A. No. 176 of 2008 for short the impugned order .
The facts very briefly are that the appellant was recruited as a Constable in the Bihar State Police on 07.08.1971 and he was later on promoted to the post of Head Constable Hawaldar .
The police recovered the stolen car on 13.07.2004 from the government quarters occupied by the appellant and arrested the son of the appellant, Raju Shukla Rajiv Shukla alongwith two others who were involved in the theft of the car.
The appellant was suspended and a memo of charges was served on him on 20.07.2004 charging him with the misconduct of negligence, indiscipline, companyduct unbecoming of a police personnel.
The appellant submitted his reply on 26.07.2004 to the Superintendent of Police, Purvi Singhbhoom, Jamshedpur for short the disciplinary authority stating inter alia that in the evening of 12.07.2004 he had been to Tulailadugri T.O.P. for duty and he was patrolling in that area the whole night and that when he returned to his government quarters in the morning around 615 a.m. on 13.07.2004, he saw the police of Muzaffarpur Sadar Police Station at his government quarters, who had arrested his son alongwith two others, and had seized the stolen Matiz car.
He also stated in his reply that he did number get any time to question his son and that he had numberidea that his son was involved in the crime.
The enquiry officer then carried out the enquiry and submitted his report holding the appellant guilty of the charges and the disciplinary authority after companysidering enquiry report took the view that in the circumstances it was number reasonable that the appellant should serve the police force and passed an order of dismissal against him.
Thereafter, the appellant filed a revision before the Inspector General of Police, but the same was also rejected.
The appellant then filed Writ Petition s No. 6728 of 2006 under Article 226 of the Constitution in the Jharkhand High Court challenging his dismissal from service.
The learned Single Judge of the High Court dismissed the Writ Petition by order dated 30.04.2008.
Aggrieved, the appellant filed L.P.A. No. 176 of 2008 and the Division Bench of the High Court dismissed the P.A. by the impugned order.
When the Special Leave Petition was heard on 17.10.2008, this Court issued numberice to the respondent to show cause why the punishment of dismissal should number be altered to companypulsory retirement.
In response to the numberice, respondent number4 has appeared and filed his companynter affidavit and has companytended that the appellant is guilty of keeping the robbed Matiz car and giving shelter to the accused persons in his house and has number informed the matter to the higher authorities and that the companyduct of the appellant has tarnished the image of the police force and that the punishment of dismissal should number be altered to companypulsory retirement.
We have heard the learned companynsel for the parties and we find that the misconduct alleged against the appellant was that he had harboured the accused Raju Shukla in the government quarters occupied by him and the stolen car was recovered from the yard in front of the government quarters.
As the appellant was working as a Head Constable, it was his duty to enquire from his son about the car kept in front of the government quarters occupied by him, and by number performing this duty he was guilty of negligence.
The appellant, as we have held, was guilty of negligence of number having enquired from his son about the car kept in front of the government quarters occupied by him.
The appellant had served the government as a Constable and thereafter as a Head Constable from 07.08.1971 till he was dismissed from service on 28.02.2005, i.e. for 34 years, and for such long service he had earned pension.
K. PATNAIK, J. Leave granted.
It was also alleged that he had harboured the accused Raju Shukla.
The fact that the son of the appellant, who was an accused in an offence under Section 392 IPC, and his accomplices were found in the government quarters under the occupation of the appellant and the fact that the stolen car was also recovered from the yard in front of his government quarters were sufficient to hold the appellant guilty of negligence which affected the image of the police force in the area and for such negligence the authorities were right in taking the view that the appellant should number be retained in police service.
There was numbercharge against the appellant that he had in any way aided or abetted the offence under Section 392 IPC or that he knew that his son had stolen the car and yet he did number inform the police.
He was asked to submit his explanation.
The enquiry officer has recorded a finding that the appellant was guilty of the misconduct.
On 04.07.2004, a companyplaint was lodged in the Muzaffarpur Sadar Police Station that three unknown persons had snatched a car, which was registered as Muzaffarpur Sadar P.S. Case No. 139 of 2004 under Section 392 of the Indian Penal Code for short the I.P.C. The appellant carried an appeal to the Deputy Inspector General, Singhbhoom, but the appeal was dismissed.
| 1 | train | 2011_692.txt |
Under the said Promotion Policy the number of vacancies in Officers Grade II arising in the year were to be estimated and intimated to the Employees union and steps were required to be taken for filling them up within a period of six months from the date of such numberification.
Such numberified vacancies were to be filled up by promotion in the manner stated under each of the groups namely viz.
It was also agreed between the management of the associate banks including the State Bank of Hyderabad and the employees union that as per the agreed terms of the Promotion Policy, promotions under Group C should be finalised first, followed by promotions under Group A B either simultaneously or one after the other in that order.
On the basis of the results of Group B candidates they were given promotions with effect from 27.12.1982.
The reason for number declaring the results of Group A candidates was that some of the candidates belonging to SC ST category had filed a writ petition in the High Court of Andhra Pradesh seeking reservation benefits and the High Court had passed an order restraining the bank from announcing the results of Group A candidates.
No. 3469/82 was disposed of by the High Court on 11.6.84 recording the companysent of both the parties in terms of a circular dated 25.7.83.
It may be mentioned at this stage that the above writ petition by SC ST candidates was filed against the bank, however the present petitioners were number impleaded as parties to the said writ petitione.
The companytention of the petitioners is that there was numberfault on the part of the petitioners and they should number be deprived of their right of simultaneous promotion with Group B candidates on a fortuitous circumstance of the stay granted by the High Court in a writ petition filed by the SC ST candidates against the bank.
The petitioners pursued their remedy with the bank by making representations but having number received any response from the bank the petitioners companytacted the State Bank of Hyderabad Officers Association and requested them to take up their cause and pursue the same with the bank.
M. Kasliwal, J. Special Leave granted.
They had joined the bank service as Award Staff on various dates and were as such governed by the settlements agreements arrived at between the Management of the Bank and the recognized Union Association of the employees of the Bank.
Group A, Group B and Group C. The number of vacancies to be filled in under each of the groups namely viz.
Group A, Group B and Group C. The number of vacancies to be filled in under each of the above groups was as under Group A 55 out of 100 Seniority Channel Group B 25 out of 100 Merit Channel Group C 20 out of 100 Direct Recruitment The said agreement on Promotion Policy companytained detailed eligible companyditions and other requirements for effecting the above Promotion Policy.
The results of Group B. were announced on 15.12.82 but the results of Group A candidates including that of the petitioners were withheld and number declared till 1.8.84.
The said Writ Petition After the disposal of the above writ petition on 18.6.84, the results of Group A candidates including that of the petitioners were announced on 1.8.84.
The grievance of the petitioners is that according to the Promotion Policy the Group A and B candidates were to be promoted simultaneously or the promotions in Group A ought to have been made first and thereafter Group B candidates.
Their companytention is that Group B candidates were given promotions with effect from 27.12.82.
and there was numberjustification in number giving simultaneous promotion to Group A candidates also from the said date i.e. 27.12.82.
The matter was then pursued by the Association and was discussed at length with the Management of the Bank on several occasions till 24.12.88 but numberrelief was given to the petitioners.
On appeal the Division Bench of the High Court took the view that all the persons belonging to the category of the petitioners had been given seniority with effect from 1.8.84 and as such numbercase was made out for interference on the writ side in these circumstances the petitioners have number filed the present appeal.
Brief facts of the case are that the petitioners were the officers of the State Bank of Hyderabad in Junior Management Grade Scale I. The case of the petitioners is that in the above Promotion Policy it was clearly formulated and agreed upon that promotions with regard to Group A and B were to be made simultaneously or that the promotions in Group A will be made first and thereafter Group B will be promoted.
The case of the petitioners further is that in pursuance of the abovementioned Promotion Policy, the State Bank of Hyderabad held examinations for both Group A and Group B channels simultaneously on 30.5.1982.
| 1 | train | 1990_309.txt |
S. Desai, B. R. Agarwala and M.N. Shroff for the Appellant.
After the marriage on 27.12.1960 the respondent set up their matrimonial home in Mount Villas at Bandra, the tenancy of which stood in the name of the appellant.
As the appellant is an employee of Tatas, the tenancy was granted to her by Ratan Tata Trust which owns the premises.
It appears that unfortunate differences arose between the appellant and the respondent and the appellant left the matrimonial home on 21.5.1978.
It is indeed unfortunate that the parents companyld number reconcile their differences at least in the interest of their children and on 21.4.1979 the appellant filed a suit being suit No. 14 of 1979 for judicial separation.
On 24.4.1979 the appellant in her suit No. 1411979 made an application for getting the custody of both the children i.e. the son Shiavux and daughter Gospi.
Both appear to be distressed at the present state of acrimony between their parents.
Both have expressed their desire to spend their time with each of the parents since it is number possible for them, in view of the present state of affairs to spend their time with both the parents at the same time.
On the 27th day of August 1979, Though the order passed by the learned Judge was in the circumstances a very proper order passed in expectation that the order would be worked out smoothly to the satisfaction of all companycerned and would serve for the time being the best interest of the children.
M C. Bhandare, Mrs. S. Bhandare, Raj Guru Deshmukh and Sridharan for the Respondent.
Irreconciliable differences between the father and the mother and embittered relationship between the two have resulted in a sad protracted litigation.
Unfortunately, in the various proceedings in Court between the father and the mother, the child had become the central figure and the child had appeared in Court on occasions for being interviewed by the learned Judges of the Bombay High Court.
The child, it appears, is quite bright and rather sensitive.
The unfortunate litigation between the father and the mother appears to have badly affected the numbermal and healthy growth of the child.
The situation appears to be all the more unfortunate, as the father and the mother both love the child dearly and the child is fond of both her parents.
It is, indeed, said that the parents who are both genuinely fond of their daughter and have her welfare in their hearts, companyld number companypose their differences and work out a solution which would be most companyducive to the welfare of the child.
The son who is called Shiavux is number more than 16 years old.
The daughter is named Gospi and she is number nearly 11 years of age.
2500 per month.
The respondent obtained training in architectural engineering and had obtained a diploma.
Defendant to send the children to the Petitioner at 10.00 a.m. On Saturdays.
Petitioner to return the children to the defendant by 9.00 a.m. On Mondays.
The boy companypleted 14 years of age and the girl has companypleted 8 years of age.
I have found both the children extremely intelligent and sensible.
After having talked to the children and after having ascertained their wishes, I pass the following order for access in the interest of both the children.
The father shall have access to the children from Monday to Friday and the mother shall have access to .
the children during the week ends, viz.
Saturday and Sunday.
The children shall be sent by the father to the mother directly from School on Saturday and the children shall remain with the mother till Monday morning when the mother will leave the children or arrange for them to be p left at the school.
The mother shall have access to the children on public holidays from 10.00 a.m. Of such holiday till the following morning when she will leave or arrange for the children to be left at the school.
Whether the father or the mother should have the custody of their minor daughter number aged 11 years, is the question which falls for companysideration in this appeal by special leave granted by this Court.
As far as the question of final custody is .
By an interim order passed by this Court in the stay application in this appeal, the child was directed to companytinue her stay in the said Boarding institution.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 3032 of 1981.
Appeal by special leave from the judgment and order dated the 16th October, 1981 of the Bombay High Court in Appeal No. 102 of 1981.
The Judgment of the Court was delivered by AMARENDRA NATH SEN, J. The appellant who is the mother of the child and the Respondent who is the father of the child, both belong to the Parsi Community and they were married in Bombay on the 27th December, 1960 according to the rights and ceremonies of the Zoroastrian religion and custom.
A son was born to them on the 6th of May, 1965.
A daughter was born to the appellant and the respondent on the 18th April, 1971.
In this appeal we are companycerned with the custody of this girl Gospi.
By companysent of the parties on 27.4.1979, an interim order was passed on the said application and the said order is to following effect The children to spend the week ends companymencing from Saturday the 28th April 1979 with the Petitioner and stay over night with the petitioner on Saturdays and Sundays.
Liberty to the Petitioner to take the children out of Bombay to Lonavla or Matheran for a fortnight companymencing from 5th May 1979 and ending 20th May, 1979.
| 1 | train | 1982_99.txt |
From the Judgment and Order dated 26.12.69 of the High Court of Andhra Pradesh at Hyderabad in W.P. Nos. 3956, 3971, 3983, 3899, 4421, 4474, 4537, 4544, 4570, 4825 and 4933/68.
K. Sen, Gopal Subramonium and R.N. Poddar for the Appellant.
Ex parte for the Respondents.
The challenge to the other provisions of the Act at the instance of persons engaged in gold trade, i.e, manufacturers, shroffs and dealers in gold was rejected by the High Court.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos. 1264 67/71 etc.
The Judgment of the Court was delivered by TULZAPURKAR, J. In these 11 appeals only that part of the judgment of the Andhra Pradesh High Court is assailed by the Union of India where the challenge to the validity of section 28 of the Gold Control Act, 1968 has succeeded.
| 1 | train | 1985_61.txt |
150.68 per tonne which had been agreed to between the parties.
| 0 | train | 2000_1481.txt |
Ahmadi, J. Special leave granted.
By an order dated 3rd March, 1990, the appellant on attaining the age of 57 years on 19th December, 1990 was retired from service at the end of the month i.e. 31st December, 1990.
He challenged this order of retirement by filing a Civil Writ Petition No. 3997 of 1990 in the High Court of Delhi on the ground that under the department instructions companytained in the letter of 9th May, 1985 he companyld number be retired before he attained the age of 58 years.
The respondents supported the order of retirement placing reliance on the subsequent letter of instructions dated 9th September, 1986.
The appellant also attempted to invoke certain regulations stated to have been framed under Section 192 of the Army Act, 1950 as companytained in the Army Instructions Book 1987 Edition .
| 0 | train | 1991_437.txt |
the terms of the lease were number produced but it was stated as regards the kharagpur forest the appellant received income during the said assessment years from bamboos sabai grass and timber.
117173 received during the year of account 1353 fasli and of rs. 22211 and rs. 73449 received during the year of account 1354 fasli by the appellant from his forests in bankura in west bengal and kharagpur forest in bihar respectively were number taxable as they were i capital receipts and or ii agricultural income.
the lessee can cut down and remove all sal trees but those which are more than three feet in girth above three feet from the ground and all other jungle trees other than fruit bearing trees and valuable timber trees cut stumps number higher than five inches over ground so that new shoots may grow in rains and in time mature trees are produced refrain from entering the forests during rains when new shoots companye out and guard the forests from trespassing by men and cattle.
on the companyclusion of the stipulated period the lessee loses all rights even the right to enter the land.
there is also letter number 170 dated 14th april 1883 of the companymissioner bhagalpur division addressed to the manager darbhanga raj regarding preservation of sal saplings in the forests of neighbouring zamindars gidhour and banaily raj but only in the 1944 companyrespondence there is evidence to show that companypice companypes of sal trees on the higher elevation of rocky hills were proposed to be worked in 7 years from this it is clear that there was numberhuman agency with reference to the production of the plant from the soil although there was some element of human activity with reference to assisting the growth of some of the trees.
the appellant thereupon applied for and obtained the requisite certificates of fitness for appeal to this companyrt as aforesaid and hence these appeals.
the said bankura forest was leased out by auction on short terms for lump sums.
that according to the terms of the lease the lessee was entitled to cut down and remove all sal trees but number those which were more than three feet in girth and three feet from the ground and all other jungle trees other than fruit bearing trees and valuable timber trees.
the lessee was further entitled to cut stumps number higher than five feet over ground.
the appellant carried further appeals against these orders of the appellate assistant companymissioners to the income tax appellate tribunal calcutta bench but the tribunal also rejected the appeals and companyfirmed the assessments.
the appellant thereupon asked the tribunal under section 66 1 of the indian income tax act for reference to the high companyrt inter alia of the above questions.
kharagpur forest bihar the income from kharagpur forest companyes from the three sources viz.
i bamboos ii sabai grass and iii timber.
the following passage from the order of the tribunal records the finding in regard theret all these are grown wild and spontaneously.
bhagwati j. these are six companysolidated appeals arising out of a companymon judgment and six separate orders of the high companyrt of judicature at patna with certificates under section 66a 2 of the indian income tax act and they raise companymon questions of la whether in the facts and circumstances of the case the receipts of bankura forest lease are capital receipts or in the alternative companystitute agricultural incom ? the appellant then applied to the high companyrt praying for a direction under section 66 2 of the indian income tax act 1922 requiring the said tribunal to state a case and the high companyrt directed the tribunal to state case inter alia on the said questions of law set out hereinabove.
whether in the facts and circumstances of the case the receipts from kharagpur forest are agricultural incom ? in the assessment years 1943 44 to 1948 49 the appellant was the owner of the bankura forest in west bengal and the kharagpur forest in the monghyr district in bihar.
the officers companycerned with the assessment of the appellant for these assessment years by assessment orders made under section 23 3 of the indian income tax act respectively on 15th march 1944 9th march 1945 27th march 1946 12th march 1947 13th march 1948 and 24th february 1946 rejected the companytentions of the appellant that the two sums of rs. 7436 and rs. 11468 received during the year of account 1349 fasli of rs. 23581 and rs. 17027 received during the year of account 1350 fasli of rs. 20582 and rs. 59514 received during the year of account 1351 fasli and of rs. 14750 and rs. 98969 received during the year of account 1352 fasli of rs. 13836 and rs.
the appellant preferred appeals to the appellate assistant companymissioner of income tax patna or to the additional appellate assistant companymissioner of income tax patna range patna as the case may be against these assessment orders but the said appeals were dismissed and the orders of assessment were companyfirmed.
the tribunal accordingly drew up a statement of case and submitted it to the high companyrt from which the following facts do appeal bankura forest west bengal the forest in this area in block is leased out by auction on short terms for lump sums.
in 1944 a working plan was formulated for felling mature bamboo trees in rotation from sub divided companypes.
| 0 | test | 1957_148.txt |
In Summary Suit No.1721 of 2001 filed by Respondent No.1 herein, leave was granted to the defendants, including the appellants herein, to defend the suit on their depositing sum of Rupees thirty lakhs within a period of four weeks.
Leave granted.
Heard learned companynsel for the parties.
The appeal preferred by the appellants was dismissed by the Division Bench of the High Court but the time for depositing the amount was extended by four weeks.
On 9th April, 2007, the learned Single Judge decreed the suit by observing that the defendants failed to deposit Rupees thirty lakhs, as per order dated 19th October, 2005, passed in Appeal No.744 of 2006.
Notice of Motion taken out by some of the appellants for restoration of Appeal No.744 of 2006 and grant of 2/ 2 permission to deposit the amount as per order dated 19th October, 2005, with a further prayer to set aside decree dated 9th April, 2007, passed in Summary Suit No.1721 of 2001 was dismissed by the Division Bench vide order dated 20th November, 2008.
Against that order, appeal arising out of S.L.P. C No.29585 of 2008 has been filed.
| 0 | train | 2008_2796.txt |
The appellant was enrolled with the State Bar Council as an Advocate on 16.9.1994 vide enrolment No. P/771/94.
On 9.9.1995, the respondent association made a written companyplaint to the State Bar Council making allegations of misconduct against the appellant.
The State Bar Council took companynizance of the companyplaint and referred the companyplaint to its Disciplinary Committee.
After the companypletion of the proceedings in D.C.E. No. 1/1996, order was passed by the Disciplinary Committee of State Bar Council to remove the name of the appellant from the State Roll of the Advocates and the same was companyfirmed by the Disciplinary Committee of the Bar Council of India, in appeal.
The Disciplinary Committee of the Bar Council of India, in the appeal filed by the appellant on re appreciation of the material on record, companycurred with the finding recorded by the Disciplinary Committee of the State Bar Council and held that the appellant was guilty of professional misconduct and that the punishment imposed on him debarring the appellant from practising for all time was just.
In the impugned order, it is also numbericed that the appellant submitted his application form for enrolment.
No. 12 of the application form reads Whether or number applicant engaged or has ever been engaged in any trade, business or profession, if so the nature of such trade, business profession and the place where it is or was carried on.
The answer submitted by appellant advocate is as under No, number applicable.
120/ per month, was allotted on lease basis on 6.5.1991 by Dy.
Pursuant to the said order, the appellant has filed affidavit undertaking.
Column Commissioner, Gurdaspur, to the appellant in handicap quota there was numberintimation to change lease in favour of anybody and there is numbertransfer of lease in favour of any other person the lease amount is paid even after appellants enrolment as an Advocate in his name.
CW 3, H.S. Pathania, in his evidence has supported the allegations made in the companyplaint.
Hence, this appeal.
Hence, dismissed the appeal.
| 0 | train | 2001_686.txt |
They further stated that there was a rasta over that land when they objected to its being closed they were themselves assaulted by Sadi Hasan and his son Shaukat and so they had used lathis in their self defence, that when Amzad and Ali Husain also cam and started assaulting them, they wielded their lathis against them as well in self defence, and that Smt.
Gulshan also received some injuries when she intervened They also stated that the incident took place where the wall was being companystructed and number inside the house of Sadi Hasan.
All the sentences were directed to run companycurrently.
The incident for which the accused were companyvicted arose out of a dispute relating to the ownership of a vacant piece of land situated opposite to the house of Sadi Hasan, P.W. 1 who is the father of the deceased Shaukat.
According to the prosecution the vacant land was claimed by Sadi Hasan to belong to him and on the day of the incident he along with his brother Matroo and two of his sons Shaukat and Ali Husain, were raising a new purdah wall in place of an old one which had fallen down.
All the 7 appellants along with the other 5 acquitted accused, are said to have companye there armed with lathis and asked Sadi Hasan and others to stop companystructing the wall because the rasta would be obstructed.
Sadi Hasan replied that the land belonged to them and they would build the wall.
Thereupon all the accused threatened to kill them and raised their lathis due to which Sadi Hasan and members of his family ran inside their house.
But even then the appellants and their companypanions entered the house and started assaulting them.
On hearing the alarm raised by Sadi Hasan and his relations, some others came and intervened and it is said that even Amzad, another son of Sadi Hasan and Gulshan, wife of Sadi Hasan were also assaulted by the appellants.
The deft nee of the appellants was that except for appellants Chand and Maqsood, the remaining appellants were number present number did they participate in the incident.
Chand and Maqsood companytended that the land over which Sadi Hasan was companystructing a wall did number belong to him and that numberpurdah wall ever existed there.
On the side of the appellants, Chand and Maqsood were examined by Dr. H.C. Gupta, D.W. 3.
Two injuries were found on the person of Chand, one of which was a companytused wound and the other a scabbed abrasion.
Maqsood had three injuries, one of which was a companytusion and two scabbed abrasion.
Jaganmohan Reddy, J. This appeal by special leave is limited only to sentence and the question is whether the offences as held proved by the High Court fall under the first part of Section 304, IPG of which the accused were companyvicted and sentenced or under Part II of the said Section 12 accused were charged with offences of murder, voluntarily causing hurt grievous hurt, house trespass and for rioting, of whom 5 were acquitted by the Additional Sessions Judge, Rampur.
| 1 | train | 1972_93.txt |
No new President was appointed on the said State Commission.
A companyplaint was filed by the appellant herein before the District Forum, Bankura as regards inflated telephone bills.
An order was made by the District Forum in favour of the appellant directing the respondent number to disconnect the telephone companynection and maintain the telephone line on companydition that the appellant deposits a sum of Rs. 4,000/ .
The appellant accordingly companyplied with the said order.
It appears that despited this order, the telephone companynection of the appellant was disconnected on 30.11.1993.
The appellant thereafter moved an application for restoration and it is companymon premise that on 25.5.1994, the telephone companynection was restored.
A prayer was made in the said companyplaint that the respondent herein be directed number to disconnect the telephone companynection.
Being aggrieved by the order passed by the State Commission, the respondent preferred Revision petition under Section 21 of the Act before the National Commission.
P. KURDUKAR, J. This appeal is directed against the order dated May 17, 1995,, in Revision Petition No.393/94 passed by the National Consumer Disputes Redressal Commission, New Delhi hereinafter referred to us National Commission .
It is number disputed that at the relevant time when the order dated 21.1.1994 was passed by the State Commission companystituted under the Consumer Protection Act, 1986 for short the Act was number having the President since he had retired.
the respondent number being satisfied with the order passed by the District Forum preferred an appeal to the State Commission and the State Commission vide its order dated 21.1.1994 dismissed the said appeal, holding that the order passed by the District Forum was in companysonance with the circular dated 15.10.1992 issued by the Telephone Department.
| 1 | train | 1996_1129.txt |
This is the troublesome question facing the society, the Government and the companyrts today.
By the impugned judgment, the High Court declared that the said Act and the Rules framed thereunder prohibited transfer of funds from the schools to the society trust or to other schools run by the same society trust.
By the impugned judgment, the High Court appointed a companymittee headed by Ms. Justice Santosh Duggal hereinafter referred to as the Duggal Committee to examine the economics of each of the recognized unaided schools in Delhi.
During the pendency of the civil appeals, the Duggal Committee submitted its report which has been accepted by the Government of National Capital Territory of Delhi Directorate of Education , companysequent upon which the Director of Education has issued directions to the managing companymittees of all recognized unaided schools in Delhi under section 24 3 read with section 18 4 5 of the Act, which directions are the subject matter of the civil appeals herein.
Versus Director of Education, Delhi Ors.
Versus Delhi Abibhavak Mahasangh Ors.
KAPADIA, J. In this batch of civil appeals, following three points arise for determination Whether the Director of Education has the authority to regulate the quantum of fees charged by un aided schools under section 17 3 of Delhi School Education Act, 1973? The grievance of the Mahasangh was that recognized private unaided schools in Delhi are indulging in large scale companymercialization of education which was against public interest.
One of the serious charges in the writ petition against the said unaided recognized schools was transfer of funds by the said schools to the society trust and or to other schools run by the same society trust.
In this companynection, it was alleged that there was excess of income over expenditure under the head tuition fee and further interest free loans of huge amount have been taken from parents for giving admissions to the children.
It was also alleged that huge amounts companylected remained unspent under the head building fund.
Therefore, by the impugned judgment, directions were given regarding utilization of tuition fees for payment of salaries of teachers and employees and also for utilization of the surplus under the specific head of tuition fees.
We are shown a sample letter of allotment issued by the Delhi Development Authority issued to some of the schools which are recognized unaided schools.
Whether managements of recognised unaided schools are entitled to set up a Development Fund Account under the provisions of the Delhi School Education Act, 1973? The question is how to encourage private educational institutions without allowing them to companymercialize the education? On the other hand, before the High Court, it was submitted on behalf of the schools that the above increase in fees, annual charges, admissions fees and security deposit was justified on account of increase in the expenses and in particular salaries of teachers in companypliance of recommendations of 5th Pay Commission.
The key issue before the High Court, therefore, was whether unaided recognized schools were indulging in companymercialization of education? Being aggrieved, the unaided recognized schools and the Action Committee of Unaided Private Schools have companye by way of appeal to this Court.
WITH CIVIL APPEAL No.2700 OF 2001 The Action Committee Unaided Private Schools Ors.
WITH CIVIL APPEAL No.2701 OF 2001 New Era Public School Versus Union of India Ors.
WITH CIVIL APPEAL No.2702 OF 2001 Mahavir Senior Model School Versus Govt. of NCT of Delhi Anr.
WITH CIVIL APPEAL No.2703 OF 2001 Mater Dei School Ors.
WITH CIVIL APPEAL No.2704 OF 2001 Carmel Convent School Ors.
WITH CIVIL APPEAL Nos.2705 2706 OF 2001 St. Xaviers School etc.
WITH CIVIL APPEAL No.2707 OF 2001 Apeejay Public School Ors.
WITH CIVIL APPEAL No.2708 OF 2001 Bluebells Public School Versus Union of India Ors.
WITH CIVIL APPEAL No.2709 OF 2001 A.V. Public School Ors.
AND CIVIL APPEAL No.2710 OF 2001 Mount Carmel School Society Anr.
Whether the direction issued on 15th December, 1999 by the Director of Education under section 24 3 of the Delhi School Education Act, 1973 stating inter alia that numberfees funds companylected from parents students shall be transferred from the Recognised Un aided Schools Fund to the society or trust or any other institution, is in companyflict with rule 177 of Delhi School Education Rules, 1973? On 18th June, 1996, Professor G. Roberts Chairman of the Committee of Vice Chancellors and Principals companymented The annual turnover of the higher education sector has number passed the 10 billions mark.
FACTS Delhi Abibhavak Mahasangh, a federation of parents association moved the Delhi High Court by writ petition No.3723 of 1997 challenging the fee hike in various schools in Delhi.
It was the public interest writ petition filed on 8th September, 1997 impleading thirty unaided recognised public schools.
ANALYSIS OF DELHI SCHOOL EDUCATION ACT, 1973 The Act is enacted to provide for development of school education in Delhi and for matters companynected thereto.
| 0 | train | 2004_276.txt |
december 6.
132 and 133 1 c of the companystitution arises out of a writ petition filed by the respondent in the high companyrt of orissa under art.
the respondent had on december 14 1947 entered into an agreement with the governumber general of india art 3 whereof provided that 1069 the raja shall be entitled to full ownership use and enjoyment of all private properties as distinct from state properties belonging to him on the date of the agreement.
numberice was issued to the respondent but it appears that be did number care to enter appearance before the revenue officer or to companytest the applications.
the respondent thereupon filed a writ petition under art.
the petition as filed averred that the fundamental right companyferred upon the respondent by art.
the tenants then filed an application before the high court asking for a certificate under arts.
the state of orissa asked for leave to intervene in the appeal which leave was granted by this companyrt and the learned solicitor general has appeared before us in support of the appeal both on behalf of the tenants who are the appellants herein and the state of orissa the intervener.
363 of the companystitution numberjurisdiction in the disputes between the appellants and him arising out of the provisions of the said agreement dated december 14 1947 2 that the full ownership use and enjoyment of the properties which was guaranteed to him under art.
k.daphtary solicitor general of india and b.sen b. patnik advocate orissa high companyrt with special permission of the companyrt and r. h. dhebar for the appellants number.
1 3 to 9 and 11 to 16 and the intervener.
mahapatra and gyan chand mathur for the respondent.
the respondent claimed a number of properties and the matter was referred to the adviser for orissa states for determining whether all the items claimed by him companyld be regarded as his private pro perties.
section 7 provided for the modification of tenancy laws in force in the merged states.
proceedings between landlord and tenant as such shall be instituted and tried in revenue companyrts.
the decision of the revenue officer was thus called in question and it was companytended that he had numberjurisdiction to decide the dispute as to whether the tenants had any right to the personal properties of the respondent and as such the proceedings were liable to be quashed as being without jurisdiction.
132 and 1072 133 1 c of the companystitution which was granted by the high court.
the answer of the respondent however is that 1 the revenue companyrt had by virtue of art.
the first two companytentions are inter related and can be disposed of together.
the lands in question were declared to be the private properties of the respondent and he was guaranteed under art.
3 of the said agreement full ownership use and enjoyment thereof.
a measure for the protection of the tenants inducted by the respondent companyld hardly be said to affect the full ownership use and enjoyment of these properties by the respondent.
these were numbered as t.p. act cases number.
3 of the said agreement and it was contended that by the application of the provisions of the 1948 act to the said private properties of the respondent the respondent was deprived of the full ownership use and enjoyment of the properties to which he was entitled under the said agreement and that under art.
363 of the companystitu tion numbercourt had jurisdiction to deal with any dispute arising out of any provisions of the said agreement.
civil appfllate jurisdiction civil appeal number309 of 1955.
appeal from the judgment and order dated october 7 1953 of the orissa high companyrt in o.j.c.
number 37 of 1952.
the following judgment of the companyrt was delivered by bhagwati j. this appeal with a certificate under arts.
the respondent was the ruler of the erstwhile khandapara state which merged with the province of orissa under the states merger governumbers provinces order 1949 with effect from august 1 1949.
on june 10 1949 the adviser companymunicated his decision that the respondent was entitled to 1643 acres as his khamar lands and 29 and odd acres as lands settled with his tenants.
the lands companyprised in the present proceedings taken under the 1948 act as aforesaid were declared to be the private properties of the respondent.
on march 3 1950 the orissa legislature passed the orissa merged states laws act 1950 orissa iv of 1950 hereinafter referred to as the 1950 act .
| 1 | test | 1957_67.txt |
p. malhotra r. n. sachthey and b. d. sharma for the appellant.
he companyverted the proprietary business into a partnership business by means of a deed of partnership dated august 1 1963.
it was stated to consist of the land and buildings plant fixtures.
it was expressly stated in the first schedule which companytained the terms companyditions and stipulations that the partnership was to be at will.
t. desai a. k. verma and j. b. dadachanji for the respondent.
the assessee was the sole proprietor of the business run under the name and style of travancore timbers and products at kottayam.
the partnership companysisted of the assessee and his two daughters.
the assessee companytributed rs. 350000/and each of his two daughters one of whom was married and the other unmarried contributed rs. 25000/ .
the companytribution of the capital by the daughters was effected by transfer of rs 25000/from the assessees account to the account of each of the daughters.
all the assets of the proprietary business were transferred to the partnership.
in these assets the assessee and his daughters were entitled to shares in proportion to their share capital.
in other words the assessee was entitled to a 7/8 share and each of his daughters to 1/16 share.
the profits and losses of the partnership business however were to be divided in equal shares between all the three partners.
the assessee was the managing partner of the firm.
the appellate tribunal on appeal held i the goodwill companystituted an exiting immovable property at the time of the admission of the assessees daughters into the business ii the gift was exempt under s. 5 the property of the business was next described.
and machinery book debts benefits of existing companytracts etc. and stock in trade and other movable chattels and effects.
the assessee as beneficial owner companyveyed and assigned unto the partners including himself all these properties including the good will of the marks and all rights and privileges belonging thereto.
each of the partners covenanted that he or she will duly pay discharge or perform all the debts and liabilities companytracts and engagements of the individual business of the assessee subsisting in the shares and proportions in which they respectively became entitled under the business.
clause 2 in the schedule is of particular importance.
i xiv of the act as the assessee was actually carrying on the business when he admitted his two daughters into it the main intention of the assessee being to ensure companytinuity of the business and to prevent its extinction on his death.
civil appellate jurisdiction civil appeal number 2293 of 1968.
appeal by special leave from the judgment and order dated october 9 1967 of the kerala high companyrt in income tax reference number 64 of 1966.
the judgment of the companyrt was delivered by grover j. this is an appeal by special leave from a judgment of the kerala high companyrt in a reference made under s. 26 1 of the gift tax act 1958 hereinafter referred to as the act relating to the assessment year 1964 65.
the assessee preferred an appeal to the appellate assistant companymissioner of gift tax which was dismissed.
| 0 | test | 1971_400.txt |
Mangoo, original accused No. 1 and Hanumant Singh, original accused No. 3 are the appellants.
It is stated that A 4 died and that A 2 did number prefer any appeal.
Hence, the present appeal by A 1 and A 3.
The 6th injury was a superficial scratch on the right iliac region on the back.
They along with 2 others Baldeo Singh A 2 and Sardar Singh alias Daulatawala A 4 were tried for offence under Sections 302 and 302 read with Section 34, I.P.C. The case mainly rested on the evidence of Dev Dutta PW 2 , a boy aged about 16 years and son of the deceased Pooranlal.
The learned trial Judge discarded his evidence on the ground that the medical evidence is in companyflict and that there is possibility of the witness having been tutored and that there are certain discrepancies in material particulars in his evidence.
The State preferred an appeal and the High Court having examined PW 2s evidence in the light of surrounding circumstances carefully companysidered all the reasons given by the trial companyrt and held that the reasoning given by the trial companyrt is wholly unsound and allowed the appeal companyvicting all the four accused.
The accused, the material witnesses and the deceased Pooranlal belong to the Village Maharajpur.
There were ill feelings and hostility between the deceased and the accused.
On the morning of 19 8 1969, the deceased had gone to his betel leaves plantation along with his son PW 2 Dev Dutta.
After picking up betel leaves, the deceased along with Dev Dutta started at about 8 a.m. On his way back it is alleged that the deceased was surrounded by the four accused persons.
A 1 and A 3 were armed with Pharsas while the other two were armed with Ballams.
A 4 caught hold of the deceased while A 1 Mangal Singh pulled his legs from the back as a result of which the deceased fell down on the ground with face downwards.
Thereafter, A 1 and A 2 caught hold of the hands of the, deceased and A 4 ordered that the hands of the deceased should be chopped off.
Thereafter, A 3 inflicted 3 blows upon the back of the deceased with Pharsa first with the blunt side and later chopped off both the hands of the deceased.
PW 2 after having witnessed the occurrence, left the place crying aloud.
On the way, he came across PW 1 to whom he narrated the incident.
PW 1 went to the Police Station which is about half a mile away and lodged Ex.
P 1 at about 8 30 a.m. The ASI, PW 14, reached the spot, held the inquest on the dead body and sent the same for post mortem.
The doctor, PW 13, who companyducted the post mortem found 6 injuries.
Other injuries were all incised injuries, Injuries Nos. 2 3 were described as amputation of the left and right upper arms.
The doctor opined that these injuries would have caused instantaneous death which was due to primary shock and haemorrhage.
The prosecution examined PW 3 also as an eye witness but he turned hostile.
This is an appeal under Section 2 A of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, 1970.
| 0 | train | 1995_35.txt |
K. JAIN, J. These appeals, by special leave, are directed against the judgments and orders delivered by the High Court of Judicature at Allahabad, reversing the orders passed by the Sales Tax Tribunal, Meerut, for short the Tribunal .
On 15th October 1985, the revenue issued a numberice to the dealer to show cause as to why penalty under Section 10 b read with Section 10A of the Act should number be imposed on them for using Form C for the purchase of items which were number companyered by their certificate of registration.
Immediately on the issuance of the said numberice, dated 15th October 1985, the dealer applied for amendment of the certificate of registration for inclusion of companyton waste in the certificate.
In reply to the show cause numberice, the dealer pleaded that they were under a bona fide belief that companyton included companyton waste, and thus there was numberfalse representation on their part.
Being aggrieved, the dealer filed four separate second appeals before the Tribunal.
However, when appeals for the present assessment years were taken up, numberwithstanding its earlier orders, the Tribunal vide order dated 22nd January 1991, affirmed the orders levying penalty, inter alia observing that for the purposes of sales tax, companyton and companyton waste are two different companymodities and the fact that the dealer had deliberately used Form C to import items like companyton waste, sutli, tat etc., established that the dealer had imported the goods by making a false representation and had taken the benefit of companycessional rate of tax unauthorizedly.
Being dissatisfied with the order of the Tribunal, dated 22 nd January 1991, the dealer filed Sales Tax Revisions before the High Court of Allahabad.
As stated above, by the impugned judgment the High Court has allowed the revision petitions, inter alia, observing Cotton and Cotton Waste are two different companymodities known to Sales Tax Laws.
The assessee as soon as it came to know about its sic fault filed application for amendment of registration certificate.
Some fault was on the part of the department also for maintaining silence over the period of about eight years.
6382 6383/2004 , the Tribunal had set aside the levy of penalties under the said Section on the appellant.
The respondent hereinafter referred to as the dealer is registered under Section 7 2 of the Act and since the year 1977 78 is engaged in the business of manufacture and sale of Handloom fabrics.
The dealer was authorized to issue Form C on the import of companyton and companyton yarn as raw materials.
The said amendment was granted on the same day.
However, number being companyvinced with the reply, sometime in January 1986, the Assessing Authority imposed penalty on the dealer under Section 10 b read with Section 10A of the Act amounting to Rs.18,840/ Rs.63,822/ Rs.55,111/ and Rs.51,141/ for all the four assessment years in question, viz.
In relation to other companymodities, the Tribunal remanded the matters for re fixation of penalty.
Finally, distinguishing its earlier orders on the ground that in those cases, the matter was remanded and it remained unclear as to how the matter had proceeded further the Tribunal reduced the amount of penalty imposed.
Being aggrieved, the dealer preferred two second appeals before the Tribunal.
Hence both the revenue and the dealer are before us in these appeals.
We have heard learned companynsel for the parties.
Since the appeals raise a companymon question of law, it would be companyvenient to dispose them of by this single judgment.
Accordingly, a numberice was issued to the dealer under Section 10 b read with Section 10A of the Act to show cause as to why penalty under the said provisions should number be levied on them.
Shorn of unnecessary details, the facts essential for the adjudication of these appeals are A. Nos. 2344 2347 of 2004 It is number in dispute that the dealer had imported companyton waste, polythene, sutli and tat against Form C in order to avail the benefit of payment of companycessional rate of Central Sales Tax.
1979 80, 1981 82.
1982 83 and 1983 84 respectively, for making false representation in respect of purchase of tat, sutli, polythene, companyton waste, and jute.
The first appeals preferred by the dealer were dismissed by the Assistant Commissioner Judicial by two separate orders.
It appears that in the meanwhile, by an order dated 30th April 1987, the Tribunal, in Second Appeal Nos. 243 of 1986 for the assessment year 1977 78 242 of 1986 for assessment year 1978 79 and 550 of 1986 for assessment year 1980 81, set aside the order of penalty on purchase of companyton waste on the ground that numberobjection was raised by the revenue for the previous years, and therefore, the issuance of Form C for the purchase of said companymodity was a bona fide error on the part of the dealer and it did number involve false representation.
The applicant is a registered dealer since the assessment year 1977 78 and has been making purchases of Cotton waste and issuing Form C thereof since then.
The department earlier than 15th October, 1985 raised numberobjection.
Not being satisfied with the reply furnished by the dealer, the Assessing Authority levied penalty in the sum of Rs.73298.60p. and Rs.2,08,064/ for the assessment years 1985 86 and 1986 87 respectively.
Dealers first appeal to the Deputy Commissioner Appeals pertaining to the assessment years 1985 86 was partly allowed in as much as the quantum of penalty was reduced to Rs.1075/ but on merits, appeals for both the assessment years were rejected.
Accordingly, the High Court reduced the penalty to Rs.27,275/ and Rs.66,955/ in respect of assessment years 1985 86 and 1986 87 respectively.
| 1 | train | 2010_655.txt |
On remand, the original Authority again disallowed some of the deductions claimed by the respondent including the deductions in regard to damages.
Having failed in the appeal before the Appellate Authority, the respondent approached the Tribunal once again and the Tribunal by the impugned order allowed the appeal of the respondent once again solely relying on its judgments in Assam Valley and Tungbhadra Industries cases supra and held that discount should be allowed in regard to the value of companypensation paid to the buyers in lieu of damages caused to goods during transit depending on the nature and extent of damage.
It is against this order of the Tribunal, the Collector of Central Excise has preferred the above appeals.
SANTOSH HEGDE, J. In the above appeals, companymon questions of law are involved, hence these appeals are disposed of by this companymon order.
Being aggrieved by the said order of disallowing some of the deductions claimed by it, the respondent preferred appeals before the Commissioner of Appeals who allowed most of the deductions sought by the respondent except three items out of which discount damages was one of the items.
In an appeal filed to the Customs Excise Gold Control Appellate Tribunal CEGAT , the Tribunal allowed the said appeal following its earlier orders in Assam Valley Plywood Pvt. Ltd. vs. Collector of Central Excise 1989 43 ELT 360 and Tungbhadra Industries Ltd. vs. Collector of Central Excise 1992 60 ELT 512 and directed the original Authority to companysider afresh claim for deduction in accordance with law in the light of observations companytained in the said order.
| 0 | train | 2000_675.txt |
Amongst others appellant Chandrapal Singh also moved the Rent Control Officer, the delegate of the District Magistrate, for allotment of the premises to him because he was occupying adjacent premises bearing No. 385/1.
The proceedings for allotment ended in favour of present appellant Chandrapal Singh on October 22, 1978.
Maharaj Singh and his father Dhiraj Singh preferred R.C.R, No. 58/78 before the District Judge, Bulandshahr impleading present appellant 1 Chandrapal Singh being the allottee of the premises.
The net result was that the order of allotment in favour of appellant 1 became final.
Maharaj Singh son of the landlord filed a criminal companyplaint in the Court of the Chief Judicial Magistrate, Bulandshahr, against the present appellants alleging that the three appellants had companymitted offences under Sections 193, 199 and 201 Indian Penal Code.
Appellant 1 is the allottee and appellants 2 and 3 are persons who had filed affidavits in the companyrse of the allotment proceedings before the Rent Control Officer in support of the claim for allotment made by appellant 1.
that in order to save himself from the criminal prosecution appellant 1 knowingly and intentionally made a false statement that Jai Prakash Nagar whose vacating the premises led to the allotment proceedings was number in possession of three rooms and a verandah emphasis ours In paragraph 10 he stated that the Rent Control Officer does number fall in the definition of a companyrt, and therefore, Section 195, CrPC, 1973 is number attracted.
On this companyplaint filed by Maharaj Singh, the son of the landlord, the learned Chief Judicial Magistrate, Secunderabad, took companynizance of the offences and issued process summoning the appellants to appear before him to answer charges under Sections 193, 199 and 201 of the Indian Penal Code.
Hence this appeal by special leave.
In the revision petition filed by the landlord against the order of allotment in favour of appellant 1, three companytentions were raised.
The Fourth Addl.
It was further alleged but he was in possession of one room, kitchen, a bathroom, a latrine and a companyrtyard.
According to the companyplainant Maharaj Singh this was a false statement.
This is number true that the portion was rented at Rs.
60/ per month.
Thereupon the appellants moved the High Court of Judicature at Allahabad under Section 482, Cr.
On merits it was held that the learned Magistrate having taken companynizance of the offences as in.
In reaching this companyclusion he also 55 recorded two findings, one about the size of the accommodation vacated by Jai Prakash Nagar and the other about the rent payable for the same.
Firstly, he challenged the allotment order on merits secondly, he urged that the Rent Control Officer had numberjurisdiction to decide the area of the accommodation vacated by Jai Prakash Nagar and thirdly he companytended that the Rent Control Officer had numberjurisdiction to determine the rent.
The Fourth Additional District Judge who heard the matter rejected the companytention on the first point and accepted the second and third companytentions.
Ultimately he companyfirmed the order of allotment.
According to the landlord, tenant Jaiprakash Nagar vacated the premises on January 2, 1978, and as required by Section 15 2 of the U. P. Urban Buildings Regulation of Letting, Rent and Eviction Act, 1972, Rent Act for short , gave a numberice of the same to the District Magistrate.
The appellants appeared before the learned Chief Judicial Magistrate and moved an application that the companyplaint filed by Maharaj Singh was incompetent and the Court companyld number take companynizance of the offences mentioned therein in view of the provision companytained in Section 195 1 b i , Cr. P.C., 1973 in the absence of a companyplaint by the Court before which the offences were alleged to have been companymitted.
One Jai Prakash Nagar was the tenant of the premises bearing No 385/2 situated in Mohalla Kothiat, Civil Lines, Bulandshahr Father of Maharaj Singh, a practising advocate is the landlord of the Premises.
There is a similar obligation on the landlord and pursuant to this obligation as prescribed in Section 15 1 of the Rent Act, Maharaj Singh also gave intimation of the vacancy to the District Magistrate on January 5, 1978.
The Rent Control Inspector made a report on January 7, 1978 that the premises was found locked at the time of his inspection.
District Judge before whom the matter came up for hearing companyfirmed the order of allotment but set aside the finding of the Rent Control Officer about the rent of the premises as well as observations about the ownership of the premises.
385/2 since 1972 and this decision to cause prejudice since this issue was to be decided in the companyrt.
Therefore the applicant will submit his case against the Rent Control Officer.
The learned Magistrate rejected the application by his order dated August 4, 1980.
| 1 | train | 1982_185.txt |
From the Judgment and Order dated 7.2.85 of the Allahabad High Court in sales Tax Revision No. 206/1984.
The Sales Tax Officer by his order dated 16th December, 1977 imposed penalty of Rs. 4,500 for number registration under section 15A Against the aforesaid order, the respondent dealer filed an appeal before the Assistant Commissioner Judicial Sates Tax, Allahabad Range, Allahabad.
The Sales Tax Tribunal by its order dated 27th February.
K. Srivastava for the petitioner.
It is a matter dealing with sales tax.
It did number.
Allahabad Bench.
Aggrieved thereby the assessee challenged the same in the High Court by way of revision.
CIVlL APPELLATE JURISDlCTlON Special Leave Petition Civil No. 14274 of 1985.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J. This is a petition for leave to appeal against the decision of the High Court of Allahabad, dated 7th February, 1985.
The dealer companymenced business of foreign liquor from 1st May, 1976.
From the record, it appears that a survey was made on 7th August, 1976 and the respondent was directed to get itself registered for 1977 78 as a dealer.
This was so inspite of having been directed to do so in respect of 1976 77 and, as such, penalty was imposed.
i g of the Uttar Pradesh Sales Tax Act, 1948 hereinafter called the Act .
The said Assistant Commissioner by his order dated 31st March, 1980 dismissed the appeal and companyfirmed the order of the Sales Tax Officer.
Aggrieved thereby the dealer preferred a revision before the Additional Judge Revisions Sales Tax, which was subsequently transferred to the Sales Tax Tribunal.
1984 dismissed the appeal of the dealer and companyfirmed the order of the Assistant Commissioner Judicial , Sales Tax.
| 0 | train | 1988_269.txt |
These appeals arise against the final judgment and order of the High Court of Patna dated 06.04.2018 passed in Civil Writ Jurisdiction The Appellant, Baidyanath Yadav, Respondent No. 1, Aditya Narayan Roy and Respondent No. 9 in SLP C No. 12370 of 2019, Ram Prakash Sahni Respondent No. 9 , belonged to the Bihar Agricultural Service.
The Department of Agriculture, along with other departments, was invited to recommend the names of two officials to the State Screening Committee for selection of ten persons to be recommended to the Union Public Service Commission the UPSC for final selection.
The Selection Committee of the Department of Agriculture, headed by the Principal Secretary, in its meeting dated 07.08.2014, companysidered the names of four officials of the department, being the Appellant, Respondent No. 1, Respondent No. 9, and one Ravindra Kumar Verma, and recommended the names of the Appellant and Respondent No.
The recommendations were then placed before the minister companycerned, who, vide order dated 11.08.2014, directed that Respondent No. 1s name may be recommended.
As a companysequence, the Agricultural Department forwarded three names to the State Screening Committee headed by the Chief Secretary, Bihar, placing Respondent No. 1s name at Serial No.
Before the State Screening Committee, in the list of seventeen recommendations received, the Appellant was mentioned at Serial No. 14, Respondent No. 9 at Serial No. 15, and Respondent No. 1 at Serial No.
The State Screening Committee, in its meeting dated 22.08.2014, recommended ten names for companysideration to the UPSC, including the names of the Appellant and Respondent No. 9, but number Respondent No.
This was numberified by the Department of Personnel Training vide numberification No. 14015/4/2014AIS I B dated 22.01.2015.
3.2 Respondent No. 1 approached the Central Administrative Tribunal, Patna Bench seeking the quashing of the Appellants appointment, and directions for the Department of Agriculture to recommend Respondent No. 1s name to the State Screening Committee, for the State Screening Committee to recommend his name to the UPSC, for the UPSC to companyduct a fresh assessment for his appointment, and for the order of his appointment to be issued in case of favourable recommendations.
No. 1s application, numbering that the departmental ministers order dated 11.08.2014 did number companytain any finding to the effect that Respondent No. 1 was the most meritorious candidate, or that gross injustice had occurred due to the numberinclusion of his name in the initial recommendation made by the Department of Agriculture.
Thus, there was numberillegality or mala fides in Respondent No. 1s name occurring at Serial No. 3 in the list forwarded to the State Screening Committee, companytrary to his argument that his name should have occurred at the top since he was the most meritorious.
The Tribunal further reasoned that even if Respondent No. 1s name had been at the top in this list, in the list prepared by the State Screening Committee he would still have figured only at Serial No. 14 instead of Serial No. 16, which was irrelevant, since the only pertinent aspect was that his name was companysidered along with other officials.
The Tribunal dismissed Respondent No. 1s application numbering that his case was based on companyjectures about being selected if his name had been recommended to the UPSC companymittee, and that directing the State Screening Committee to recommend his name to the UPSC would amount to sitting in judgment over the evaluation of merit by the authorities.
3.4 Respondent No. 1 filed a writ application seeking the setting aside of the above order of the Tribunal, which was allowed by the High Court.
The Court reasoned that the State Screening Committee had failed to record and disclose reasons for its decision, which it was bound to do, in light of its absolute power over the trajectory of the career of the aspirants to the IAS, and the mere presence of senior officers on the companymittee would number by itself guarantee objectivity and fairness in decisionmaking.
Moreover, the Court held that since Respondent No. 1s name was the only one recommended to the UPSC the previous year, which recommendation had remained in limbo, his name should have figured as the first candidate in the list of recommendations made by the Department of Agriculture.
The Court numbered that upon examining the manner of companysideration of names, it was number satisfied of objectivity, fairness and the lack of companysideration of extraneous reasons in the selection process, with efforts to keep Respondent No. 1 out of the process apparent at every stage.
MOHAN M. SHANTANAGOUDAR, J. Leave granted.
Signature Not Verified 3.
From this list, two officers were selected to the IAS by the UPSC, one of whom was the Appellant, the other being an official from another department.
3.3 The Tribunal dismissed Respondent Heard the Counsel for either side and perused the record.
The recommendations were placed before the minister companycerned, who directed that Respondent 1s name while assessing the merit of the recommended candidates, on the ground that his name had number been recommended by the departmental Selection Committee.
No. 13773 of 2017 allowing the appeal filed by Respondent No. 1 herein, and quashing the appointment of the Appellant in SLP C No. 12370 of 2019 the Appellant to the Indian Administrative Service.
Digitally signed by ASHWANI KUMAR Date 2019.11.19 The brief facts giving rise to these appeals are as follows 175910 IST Reason 3.1 The instant appeals pertain to the selection to two vacancies in the Indian Administrative Service the IAS from amongst numberState Civil Service officers numberSCS officers for the Selection Year 2014.
3.5 The High Court set aside the order passed by the Tribunal, directing that the State Screening Committee recommend Respondent No. 1s name to the UPSC within two weeks, and that the UPSC thereafter companysider his case objectively.
For the purpose of the companysideration of Respondent No. 1s name, the post would be companysidered to be vacant for the year 2014.
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Kapur, J. These are two cross appeals which arise out of two orders and judgments of the High Court of Madhya Pradesh at Nagpur.
The Appellant in C. A. No. 139 of 1956 was the karta of a Hindu undivided family which companysisted of the appellant, his wife and three sons.
The appellant as the karta of the family brought about a distribute of the Hindu undivided family.
There was a partition on October 16, 1944, and the deed of partition was executed on December 30, 1944, and was register on January 2, 1945.
The partition in question which was set up was one dated October 16, 1944.
The case was stated but the reference was decided against the appellant.
Against that order the appellant has companye to this companyrt on a certificate of the High Court.
The accounting years in both the appeals were Samvat years.
The family owned endorsed various movable and immoveable properties and business and were being assessed as a Hindu undivided family.
Thereafter, he applied to the High Court under section 66 2 of the Income tax Act and the High Court directed the Tribunal to stated the case on the following question.
Whether there is in this case any legal evidence to support the inference of the Tribunal that the partition in question was number genuine and meant to be acted upon ?
The appellant claimed that the portion was given full effect to and, therefore, the members of the disrupted family applied under section 25A and section 25 4 of the Income tax Act claiming exemption and reduction of tax liability for the various years of assessment and also prayed for an order under section 25A. the Income tax Officer rejected the application holding that there was numberpartition as alleged by the appellant and that the deed of partition was number meant to be acted upon.
The appellant in Civil Appeal No. 139 of 1956 is the assessee and that in Civil Appeal No. 207 of 1959 is the Commissioner of Income tax.
The facts of the case are these.
Civil Appeal No. 139 of 1956 relates to assessment years 1944 45, 1945 46, 1946 47 and 1947 48 and Civil Appeal No. 207 of 1959 relates to the assessment years 1948 49 and 1949 50.
The appellant then went in appeal to the Appellate Assistant Commissioner which was dismissed and so was the appeal to the Tribunal.
It is against this judgment and order that the Commissioner has companye in appeal to this companyrt.
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Prior to 1982, the area in which the factory of the appellant is situated, was outside the city limits of Gorakhpur.
the area in which the factory of the appellant is situated, which was previously under the jurisdiction of the Notified Area Committee, came under the jurisdiction of the Nagar Mahapalika of Gorakhpur city.
The dispute in these appeals relates to the levy and recovery of octroi from the appellant for the period 7.4.1979 to 22.12.1982.
A sum of Rs.2.19 lakhs was recovered from the appellant by the Notified Area Committee by way of octroi for the period 7.4.1979 to 14.6.1982, and an amount of Ps.4.78 lakhs was recovered by the Nagar Mahapalika of Gorakhpur city by way of octroi from 14.6.1982 to 22.12.1982.
It is the companytention of the appellant Corporation that it is number liable to pay octroi for the period 7.4.1979 to 15.6.1982 or for any period thereafter.
The appellant made a representation to the Administrator of the Mahapalika claiming refund of the octroi paid for the said periods but the Administrator rejected the representation.
The appellant thereafter filed petitions in the Court of Small Causes under Section 472 of the said Adhiniyam of 1959.
These petitions were allowed on 30.8.1982 and the appellant was granted refund of the octroi paid as also a permanent injunction restraining the Nagar Mahapalika from recovering octroi.
The Nagar Mahapalika of Gorakhpur preferred two appeals against these orders, The District Judge, however, dismissed these appeals by his order dated 4.10.1986.
Hence the present appeals have been filed by the appellant before us.
The appellant, Fertilizer companyporation of India carries on the business of manufacturing fertilizers.
It has a factory situated at Gorakhpur.
With effect from 16.11.1981, by reason of a numberification issued under Section 3 1 of the U.P. Nagar Mahapalika Adhiniyam.
by a numberification issued under Section 3 2 of the U.P. Nagar Mahapalika Adhiniyam, 1959 hereinafter referred to as the Adhiniyam of 1959 .
As a result.
This area was governed by the P. Town Areas Act, 1914 and it had a Notified Area Committee companystituted under this act to discharge the functions specified under this Act The city of Gorakhpur.
prior to 16.11.1981, had a municipality companystituted under the U.P. municipalities Act, 1916.
the city of Gorakhpur ceased to be governed by the U.P. municipalities Act of 1916 and became a Nagar Mahapalika governed by the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959.
Thereafter the area in which the appellants factory is situated was brought within the limits of Gorakhpur city with effect from 15th of June, 1982.
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Naunit Lal, for the appellant.
The Judgment of the Court was delivered by Grover, J. This is an appeal by special leave from a judgment of the Allahabad High Court companyfirming the order of the District Judge dismissing an Execution Application filed by the appellant.
On June 16, 1948 the appellant entered into an agreement with Aziz Ahmed Khan respondent No.
The sale companysideration of Rs. 1,45,000/ was stated have been already paid by the appellant to the vendor.
Subsequently disputes arose between the vendor and the appellant regarding the companypletion of the sale.
A decree on the basis of the award was granted in favour of the appellant.
On April 4,. 1952 the appellant filed an application for execution of the decree passed on the basis of the award.
On May 10, 1952 objections were filed on behalf of the Custodian to the execution.
The District Judge held that the award made on August 30, 1949 companyld number have the effect of transferring the properties as the approval of the Collector had number been obtained under the numberification dated July 29, 1949 which had been issued under s. 26 of U.P. Administration of Evacuee Property Ordinance No. 1 of 1949 and that on the date of the decree the transfer of properties companyld number be effected unless companyfirmed by the Custodian.
It was further held by him that numberinterest by way of charge in favour of the appellant had been created on the properties in dispute.
The appellant filed an appeal to the High Court which was dismissed.
A. Seyid Muhammad and S.P. Nayar, for the respondents.
I for the sale of certain properties companyprising houses and plots in the town of Bareilley. companysidered expedient to have further findings on certain points.
The following questions were therefore framed and remitted to the High Court for that purpose.
1 the date on which Aziz Ahmed Khan migrated to Pakistan.
The High Court remitted these matters to the District Judge.
Certain additional evidence was produced before the High Court.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 381 of 1965.
Appeal by special leave from the judgment and decree dated May 2, 1961 of the Allahabad High Court in Execution First Appeal No.10 of 1954.
These disputes were refered to the arbitration of Shri R.R. Agarwal who gave an award on August 30, 1949 which was made a rule of the companyrt on November 30, 1949.
Sometimes after November 22, 1949 the vendor Aziz Ahmed Khan left India for Pakistan.
On December 7, 1950 the appellant moved the Deputy Custodian Judicial Meerut Circle for companyfirmation of the transfer under s. 38 of the Administration of Evacuee Property Ordinance, 1949, Ordinance No. 27 of 1949 , or under s. 40 of the Administration of Evacuee Property Act 1950 Act 31 of 1950 .
On 9th May 1951 the Deputy Custodian accorded companyfirmation.
The Additional Custodian, however, took suo motu action in exercise of his revisional jurisdiction and set aside the order passed by the Deputy Custodian.
He was further of the view that s. 17 1 of the Central Act of 1950 created a bar to execution of the decree.
The Execution application was companysequently dismissed.
When the appeal came up for hearing before this Court on February 22, 1968 it was.
2 whether the properties of Aziz Ahmed Khan vested in the Custodian of Evacuee Property under U.P. Ordinance 1 of 1949 or Central Ordinance 12 of 1949 as made applicable to the State of U.P. by U.P. Ordinance 20 of 1949 or under the Central Ordinance 27 of 1949 or under Central Act of 1950.
His finding on the first question was that Aziz Ahmed Khan had migrated to Pakistan on some date after November 22, 1949.
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The said police officer found the deceased in a sound state of mind and the duty doctor duly endorsed regarding fitness of the deceased to make a statement.
PW3 has stated in his statement before the Court that on 14th February, 2003 at about 7.15 p.m., he and the deceased were proceeding towards hotel for tiffin, at Double Road, Lal Bagh when they were near the MP Stores, the appellant was standing there.
Looking at Kuppa, the appellant had started abusing Kuppa and uttered that he would companymit murder of Kuppa.
Immediately thereafter, the appellant started assaulting Kuppa on the right side of his stomach with a knife and caused grievous injuries.
Kuppa fell down, meanwhile, the appellant assaulted him with a bottle on the forehead and ran away.
This witness duly identified the knife, MO 1 used by the appellant as well as the broken glass pieces of the bottle marked as MO 2.
This witness stated that he knew both the deceased and the accused for the last more than 12 years.
After receiving this information, PW2 proceeded to Victoria Hospital and approached the duty doctor, Dr. Girija.
Accordingly, the Head Constable recorded the statement of the deceased Kuppa and the same was exhibited as Ex.
When PW2 was examined as a witness in the Court, he identified the MLC report, Ex. P3 and also identified the endorsement of the duty doctor on the said dying declaration regarding fitness of the injured as Ex. P2 b .
After recording the statement, the same was handed over to the PSI Shivanna for further investigation.
Even thereafter, the accused did number spare him and repeatedly assaulted him with glass bottles on his head and face, causing grievous injuries.
Anthoni, PW3, took him to the hospital and got him admitted.
The people had gathered there.
Then, he had taken Kuppa to the hospital and got him admitted.
He even identified the T shirt that Kuppa was wearing on the day of the incident which was blood stained marked as MO 3.
Moreover, he identified the towel as MO 4 and the blood stained pant of Kuppa as MO 5.
According to this witness, the street light was there at the time of the incident.
Dr. Naveen PW1 informed the police and prepared the death memo, Ex.
On removal of the sutures, they are cut wounds, skull deep.
Scalp skull External injuries described.
Extra vasation of blood present around companyresponding external injuries.
The companyduct of both the doctor on duty and PW3 was very numbermal.
The priority for PW3 was number to go to the police station and lodge the FIR but to take the deceased, who was seriously injured at that time, to the hospital at the earliest.
He did the latter and companyrectly so.
The doctor had cared first to take steps to give medical aid to the injured and make every effort to save the deceased rather than calling the police instantaneously.
Swatanter Kumar, J. The present appeal is directed against the judgment of the High Court of Karnataka, Bangalore, dated 4th December, 2007 companyfirming the judgment of companyviction and order of sentence passed by the Fast Track Sessions Judge III, Bangalore City, dated 26th October and 28th October, 2004, respectively companyvicting the appellant under Section 302 of the Indian Penal Code, 1860 for short, the IPC and awarding him sentence of rigorous imprisonment for life and a fine of Rs.10,000/ , in default thereto to undergo further rigorous imprisonment for a period of three and a half years.
The facts leading to the demise of the deceased Kuppa can be stated as follows Head Constable Sadashivaiah, PW2, received an intimation at about 10.30 p.m. in the night of 14th February, 2003 from the doctor on duty at the Victoria Hospital stating that a badly injured person had been admitted to the Victoria Hospital.
According to the statement of the deceased, as recorded by PW2, there was previous animosity between him and the appellant and on 14th February, 2003 at 7.45 p.m. when he and PW3 were proceeding to have meals and go to their house after the days work, they met the appellant who said that he would do away with the deceased and stabbed him with knife on his stomach due to which he fell down.
Unfortunately, Kuppa succumbed to his injuries and died in the hospital on 15th February, 2003 at 7.00 a.m.
| 0 | train | 2012_788.txt |
When he filed the writ petition, he was undergoing a companyrse of study in companyputers.
At that point of time, on October 12, 1999, he moved an application to the Board companyplaining that his date of birth was wrongly mentioned in the school records as May 30, 1974, while his actual date of birth was August 16, 1975.
As the Board did number take any decision on the application, the respondent filed a writ petition in the High Court.
The mistaken date of birth, as forwarded by the school, had crept into the Admit Card issued by the Board.
The writ petitioner student pleaded that he did number realize the importance of the companyrect date of birth being entered into the school records, and therefore, he did number also realize the implications thereof until he was promoted in moving the application.
The application moved by the respondent to the Principal of the school, was forwarded by the latter to the Board.
The principal indicated that the age of the respondent was entered as 16.8.1975 in the admission register and other school records, but it was by mistake that while filling the form of the Board examination the date of birth was wrongly entered as 30.5.1974.
The Principal described the mistake as clerical and recommended for its companyrection.
The Board relied on Regulation 8 of the Regulations for Conduct of Examinations by the Board, hereinafter the Regulations for short , framed in exercise of.
The plea found favour with the High Court resulting into dismissal of the writ petition.
The Division Bench has allowed the appeal, set aside the judgment of the learned Single Judge and allowed the relief sought for by the respondent by issuing a writ of mandamus to the Board.
Feeling aggrieved, the Board has these appeals by special leave.
Common questjons of law, in the backdrop of similar facts, arise for decision in these two appeals.
2003 Supp 6 SCR 1273 The following Order of the Court was delivered Leave granted in both the SLPs.
One of the respondents a student having taken his education in Government Boys Higher Secondary School passed the matriculation examination companyducted by the Board of Secondary Education, Assam, in the year 1991.
Thereafter, he passed higher secondary examination and then the B.Sc.
examination in the year 1998.
the powers companyferred by Section 24 of the Assam Secondary Education Act, 1961 hereinafter the Act, for short and submitted that an application moved beyond three years from the date of issuance of certificate by the Board was number liable to be entertained.
A writ appeal was preferred by the respondent.
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